Agenda packet — Arroyo Grande City Council, September 26, 2023 (part 3 of 4)

11.0 Vegetation

10.0 Stationary Equipment
Fire Pumps and Emergency Generators
Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers
Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment
Equipment Type Number
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1.1 Land Usage
Land Uses Size Metric Lot Acreage Floor Surface Area Population Other Asphalt Surfaces 21.83 1000sqft 0.50 21,830.00 0

1.2 Other Project Characteristics
Urbanization
Climate Zone
Urban
4 Wind Speed (m/s) 3.2 Precipitation Freq (Days) 44

1.3 User Entered Comments & Non-Default Data

1.0 Project Characteristics
Utility Company Pacific Gas & Electric Company
Operational Year 2023
CO2 Intensity
(lb/MWhr)
641.35 CH4 Intensity 0.029
(lb/MWhr)
N2O Intensity 0.006
(lb/MWhr)
Traffic Way Bridge Replacement
San Luis Obispo County, Winter
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Project Characteristics - The project site is located in Arroyo Grande, California Construction is estimated to occur over nine months
Land Use - The proposed bridge would be appx 59 feet wide and 370 feet long Construction Phase - Ground disturbance is anticipated to 7 months (May - December) Off-road Equipment -
Off-road Equipment -
Off-road Equipment -
Off-road Equipment -
Off-road Equipment -
Off-road Equipment -
Grading - The project would result in the temporary disturbance of 3 acres Demolition -
Trips and VMT -
On-road Fugitive Dust -
Architectural Coating -
Vehicle Trips -
Vehicle Emission Factors -
Vehicle Emission Factors -
Vehicle Emission Factors -
Fleet Mix -
Road Dust -
Area Coating -
Consumer Products -
Landscape Equipment -
Energy Use -
Water And Wastewater -
Solid Waste -
Construction Off-road Equipment Mitigation -
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2.0 Emissions Summary
Table Name Column Name Default Value New Value
tblConstructionPhase NumDays 100.00 33.00
tblConstructionPhase NumDays 2.00 144.00
tblConstructionPhase PhaseEndDate 10/19/2022 1/31/2024
tblConstructionPhase PhaseEndDate 10/5/2022 1/17/2024
tblConstructionPhase PhaseEndDate 5/13/2022 5/12/2023
tblConstructionPhase PhaseEndDate 5/18/2022 12/1/2023
tblConstructionPhase PhaseEndDate 10/12/2022 1/24/2024
tblConstructionPhase PhaseEndDate 5/16/2022 5/15/2023
tblConstructionPhase PhaseStartDate 10/13/2022 1/25/2024 tblConstructionPhase PhaseStartDate 5/19/2022 12/3/2023 tblConstructionPhase PhaseStartDate 5/2/2022 5/1/2023
tblConstructionPhase PhaseStartDate 5/17/2022 5/16/2023 tblConstructionPhase PhaseStartDate 10/6/2022 1/18/2024 tblConstructionPhase PhaseStartDate 5/14/2022 5/14/2023 tblGrading AcresOfGrading 0.00 3.00
tblGrading MaterialExported 0.00 400.00
tblGrading MaterialImported 0.00 550.00
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2.1 Overall Construction (Maximum Daily Emission)
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year lb/day lb/day
2023 0.7297 7.3255 8.1207 0.0186 1.9931 0.3212 2.2798 0.4465 0.2955 0.7173 0.0000 1,858.231 7 1,858.231
7 0.3636 0.0000 1,864.447
5 2024 2.0099 6.2857 7.4646 0.0129 0.1780 0.2833 0.4218 0.0472 0.2607 0.2896 0.0000 1,253.660 7 1,253.660
7 0.3636 0.0000 1,262.750
2 Maximum 2.0099 7.3255 8.1207 0.0186 1.9931 0.3212 2.2798 0.4465 0.2955 0.7173 0.0000 1,858.231 7 1,858.231
7 0.3636 0.0000 1,864.447
5 Unmitigated Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year lb/day lb/day
2023 0.7297 7.3255 8.1207 0.0186 1.9931 0.3212 2.2798 0.4465 0.2955 0.7173 0.0000 1,858.231 7 1,858.231
7 0.3636 0.0000 1,864.447
5 2024 2.0099 6.2857 7.4646 0.0129 0.1780 0.2833 0.4218 0.0472 0.2607 0.2896 0.0000 1,253.660 7 1,253.660
7 0.3636 0.0000 1,262.750
2 Maximum 2.0099 7.3255 8.1207 0.0186 1.9931 0.3212 2.2798 0.4465 0.2955 0.7173 0.0000 1,858.231 7 1,858.231
7 0.3636 0.0000 1,864.447
5 Mitigated Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e
Percent
Reduction

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2016.3.2 Page 4 of 27 Date: 12/6/2021 2:42 PM Traffic Way Bridge Replacement - San Luis Obispo County, Winter

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2.2 Overall Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Area 0.0104 2.0000e0052.2300e0030.0000 1.0000e0051.0000e0051.0000e0051.0000e0054.7800e0034.7800e0031.0000e0055.0900e003 Energy 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mobile 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0104 2.0000e0052.2300e0030.0000 0.0000 1.0000e0051.0000e0050.0000 1.0000e0051.0000e0054.7800e0034.7800e0031.0000e0050.0000 5.0900e003 Unmitigated Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Area 0.0104 2.0000e0052.2300e0030.0000 1.0000e0051.0000e0051.0000e0051.0000e0054.7800e0034.7800e0031.0000e0055.0900e003 Energy 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mobile 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0104 2.0000e0052.2300e0030.0000 0.0000 1.0000e0051.0000e0050.0000 1.0000e0051.0000e0054.7800e0034.7800e0031.0000e0050.0000 5.0900e003 Mitigated Operational
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3.0 Construction Detail
Construction Phase
Phase
Number
Phase Name Phase Type Start Date End Date Num Days
Week
Num Days Phase Description
1 Demolition Demolition 5/1/2023 5/12/2023 5 10
2 Site Preparation Site Preparation 5/14/2023 5/15/2023 5 1 3 Grading Grading 5/16/2023 12/1/2023 5 144
4 Building Construction Building Construction 12/3/2023 1/17/2024 5 33 5 Paving Paving 1/18/2024 1/24/2024 5 5
6 Architectural Coating Architectural Coating 1/25/2024 1/31/2024 5 5 OffRoad Equipment
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e
Percent
Reduction

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 1,310 (Architectural Coating ±sqft)
Acres of Grading (Site Preparation Phase): 0.5
Acres of Grading (Grading Phase): 3
Acres of Paving: 0.5
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Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Architectural Coating Air Compressors 1 6.00 78 0.48
Paving Cement and Mortar Mixers 4 6.00 9 0.56
Demolition Concrete/Industrial Saws 1 8.00 81 0.73
Grading Concrete/Industrial Saws 1 8.00 81 0.73
Building Construction Cranes 1 4.00 231 0.29
Building Construction Forklifts 2 6.00 89 0.20
Site Preparation Graders 1 8.00 187 0.41
Paving Pavers 1 7.00 130 0.42
Paving Rollers 1 7.00 80 0.38
Demolition Rubber Tired Dozers 1 1.00 247 0.40
Grading Rubber Tired Dozers 1 1.00 247 0.40
Building Construction Tractors/Loaders/Backhoes 2 8.00 97 0.37 Demolition Tractors/Loaders/Backhoes 2 6.00 97 0.37
Grading Tractors/Loaders/Backhoes 2 6.00 97 0.37
Paving Tractors/Loaders/Backhoes 1 7.00 97 0.37
Site Preparation Tractors/Loaders/Backhoes 1 8.00 97 0.37 Trips and VMT
Phase Name Offroad Equipment
Count
Worker Trip
Number
Vendor Trip
Number
Hauling Trip
Number
Worker Trip
Length
Vendor Trip
Length
Hauling Trip
Length
Worker Vehicle
Class
Vendor
Vehicle Class
Hauling
Vehicle Class
Demolition 4 10.00 0.00 79.00 13.00 5.00 20.00 LD_Mix HDT_Mix HHDT Site Preparation 2 5.00 0.00 0.00 13.00 5.00 20.00 LD_Mix HDT_Mix HHDT Grading 4 10.00 0.00 119.00 13.00 5.00 20.00 LD_Mix HDT_Mix HHDT Building Construction 5 9.00 4.00 0.00 13.00 5.00 20.00 LD_Mix HDT_Mix HHDT Paving 7 18.00 0.00 0.00 13.00 5.00 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 2.00 0.00 0.00 13.00 5.00 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2016.3.2 Page 7 of 27 Date: 12/6/2021 2:42 PM Traffic Way Bridge Replacement - San Luis Obispo County, Winter

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3.2 Demolition - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Fugitive Dust 1.7562 0.0000 1.7562 0.2660 0.0000 0.2660 0.0000 0.0000 Off-Road 0.6463 5.7787 7.3926 0.0120 0.2821 0.2821 0.2698 0.2698 1,148.405 5 1,148.405
5 0.2089 1,153.629
0 Total 0.6463 5.7787 7.3926 0.0120 1.7562 0.2821 2.0383 0.2660 0.2698 0.5358 1,148.405 5 1,148.405
5 0.2089 1,153.629
0 Unmitigated Construction On-Site

3.1 Mitigation Measures Construction
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3.2 Demolition - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0431 1.5175 0.4669 5.8200e0030.1380 4.0300e0030.1420 0.0378 3.8500e0030.0417 630.8810 630.8810 0.0376 631.8218 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0403 0.0293 0.2612 7.9000e0040.0989 5.8000e0040.0994 0.0262 5.3000e0040.0268 78.9451 78.9451 2.0600e00378.9968 Total 0.0834 1.5468 0.7281 6.6100e0030.2369 4.6100e0030.2415 0.0640 4.3800e0030.0684 709.8262 709.8262 0.0397 710.8186 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Fugitive Dust 1.7562 0.0000 1.7562 0.2660 0.0000 0.2660 0.0000 0.0000 Off-Road 0.6463 5.7787 7.3926 0.0120 0.2821 0.2821 0.2698 0.2698 0.0000 1,148.405 5 1,148.405
5 0.2089 1,153.629
0 Total 0.6463 5.7787 7.3926 0.0120 1.7562 0.2821 2.0383 0.2660 0.2698 0.5358 0.0000 1,148.405 5 1,148.405
5 0.2089 1,153.629
0 Mitigated Construction On-Site
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3.3 Site Preparation - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Fugitive Dust 0.5303 0.0000 0.5303 0.0573 0.0000 0.0573 0.0000 0.0000 Off-Road 0.5348 6.1887 3.9239 9.7300e0030.2266 0.2266 0.2084 0.2084 942.4317 942.4317 0.3048 950.0517 Total 0.5348 6.1887 3.9239 9.7300e0030.5303 0.2266 0.7568 0.0573 0.2084 0.2657 942.4317 942.4317 0.3048 950.0517 Unmitigated Construction On-Site
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3.3 Site Preparation - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0201 0.0146 0.1306 4.0000e0040.0494 2.9000e0040.0497 0.0131 2.7000e0040.0134 39.4726 39.4726 1.0300e00339.4984 Total 0.0201 0.0146 0.1306 4.0000e0040.0494 2.9000e0040.0497 0.0131 2.7000e0040.0134 39.4726 39.4726 1.0300e00339.4984 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Fugitive Dust 0.5303 0.0000 0.5303 0.0573 0.0000 0.0573 0.0000 0.0000 Off-Road 0.5348 6.1887 3.9239 9.7300e0030.2266 0.2266 0.2084 0.2084 0.0000 942.4317 942.4317 0.3048 950.0517 Total 0.5348 6.1887 3.9239 9.7300e0030.5303 0.2266 0.7568 0.0573 0.2084 0.2657 0.0000 942.4317 942.4317 0.3048 950.0517 Mitigated Construction On-Site
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3.4 Grading - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Fugitive Dust 0.7761 0.0000 0.7761 0.4164 0.0000 0.4164 0.0000 0.0000 Off-Road 0.6463 5.7787 7.3926 0.0120 0.2821 0.2821 0.2698 0.2698 1,148.405 5 1,148.405
5 0.2089 1,153.629
0 Total 0.6463 5.7787 7.3926 0.0120 0.7761 0.2821 1.0582 0.4164 0.2698 0.6862 1,148.405 5 1,148.405
5 0.2089 1,153.629
0 Unmitigated Construction On-Site
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3.4 Grading - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 4.5100e0030.1587 0.0488 6.1000e0040.0144 4.2000e0040.0149 3.9600e0034.0000e0044.3600e00365.9941 65.9941 3.9400e00366.0925 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0403 0.0293 0.2612 7.9000e0040.0989 5.8000e0040.0994 0.0262 5.3000e0040.0268 78.9451 78.9451 2.0600e00378.9968 Total 0.0448 0.1880 0.3101 1.4000e0030.1133 1.0000e0030.1143 0.0302 9.3000e0040.0311 144.9392 144.9392 6.0000e003145.0892 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Fugitive Dust 0.7761 0.0000 0.7761 0.4164 0.0000 0.4164 0.0000 0.0000 Off-Road 0.6463 5.7787 7.3926 0.0120 0.2821 0.2821 0.2698 0.2698 0.0000 1,148.405 5 1,148.405
5 0.2089 1,153.629
0 Total 0.6463 5.7787 7.3926 0.0120 0.7761 0.2821 1.0582 0.4164 0.2698 0.6862 0.0000 1,148.405 5 1,148.405
5 0.2089 1,153.629
0 Mitigated Construction On-Site
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3.5 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 0.6322 6.4186 7.0970 0.0114 0.3203 0.3203 0.2946 0.2946 1,104.608 9 1,104.608
9 0.3573 1,113.540
2 Total 0.6322 6.4186 7.0970 0.0114 0.3203 0.3203 0.2946 0.2946 1,104.608 9 1,104.608
9 0.3573 1,113.540
2 Unmitigated Construction On-Site
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3.5 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 8.9200e0030.2947 0.0953 7.6000e0040.0186 4.6000e0040.0190 5.3500e0034.4000e0045.7900e00380.8336 80.8336 4.5200e00380.9465 Worker 0.0362 0.0263 0.2351 7.1000e0040.0890 5.2000e0040.0895 0.0236 4.8000e0040.0241 71.0506 71.0506 1.8600e00371.0971 Total 0.0452 0.3210 0.3304 1.4700e0030.1076 9.8000e0040.1085 0.0290 9.2000e0040.0299 151.8842 151.8842 6.3800e003152.0435 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 0.6322 6.4186 7.0970 0.0114 0.3203 0.3203 0.2946 0.2946 0.0000 1,104.608 9 1,104.608
9 0.3573 1,113.540
2 Total 0.6322 6.4186 7.0970 0.0114 0.3203 0.3203 0.2946 0.2946 0.0000 1,104.608 9 1,104.608
9 0.3573 1,113.540
2 Mitigated Construction On-Site
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3.5 Building Construction - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 0.5950 5.9739 7.0675 0.0114 0.2824 0.2824 0.2598 0.2598 1,104.983 4 1,104.983
4 0.3574 1,113.917
7 Total 0.5950 5.9739 7.0675 0.0114 0.2824 0.2824 0.2598 0.2598 1,104.983 4 1,104.983
4 0.3574 1,113.917
7 Unmitigated Construction On-Site
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3.5 Building Construction - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 8.4600e0030.2880 0.0896 7.5000e0040.0186 4.2000e0040.0190 5.3500e0034.0000e0045.7500e00380.3887 80.3887 4.5400e00380.5022 Worker 0.0343 0.0238 0.2166 6.9000e0040.0890 5.1000e0040.0895 0.0236 4.7000e0040.0241 68.2886 68.2886 1.6700e00368.3303 Total 0.0427 0.3118 0.3062 1.4400e0030.1076 9.3000e0040.1085 0.0290 8.7000e0040.0298 148.6773 148.6773 6.2100e003148.8325 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 0.5950 5.9739 7.0675 0.0114 0.2824 0.2824 0.2598 0.2598 0.0000 1,104.983 4 1,104.983
4 0.3574 1,113.917
7 Total 0.5950 5.9739 7.0675 0.0114 0.2824 0.2824 0.2598 0.2598 0.0000 1,104.983 4 1,104.983
4 0.3574 1,113.917
7 Mitigated Construction On-Site
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3.6 Paving - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 0.5904 5.2297 7.0314 0.0113 0.2429 0.2429 0.2269 0.2269 1,036.239 3 1,036.239
3 0.3019 1,043.785
8 Paving 0.2620 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.8524 5.2297 7.0314 0.0113 0.2429 0.2429 0.2269 0.2269 1,036.239 3 1,036.239
3 0.3019 1,043.785
8 Unmitigated Construction On-Site
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3.6 Paving - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0685 0.0475 0.4332 1.3700e0030.1780 1.0200e0030.1790 0.0472 9.4000e0040.0481 136.5772 136.5772 3.3300e003136.6605 Total 0.0685 0.0475 0.4332 1.3700e0030.1780 1.0200e0030.1790 0.0472 9.4000e0040.0481 136.5772 136.5772 3.3300e003136.6605 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 0.5904 5.2297 7.0314 0.0113 0.2429 0.2429 0.2269 0.2269 0.0000 1,036.239 3 1,036.239
3 0.3019 1,043.785
8 Paving 0.2620 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.8524 5.2297 7.0314 0.0113 0.2429 0.2429 0.2269 0.2269 0.0000 1,036.239 3 1,036.239
3 0.3019 1,043.785
8 Mitigated Construction On-Site
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3.7 Architectural Coating - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Archit. Coating 1.8216 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.1808 1.2188 1.8101 2.9700e0030.0609 0.0609 0.0609 0.0609 281.4481 281.4481 0.0159 281.8443 Total 2.0023 1.2188 1.8101 2.9700e0030.0609 0.0609 0.0609 0.0609 281.4481 281.4481 0.0159 281.8443 Unmitigated Construction On-Site
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3.7 Architectural Coating - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 7.6100e0035.2800e0030.0481 1.5000e0040.0198 1.1000e0040.0199 5.2400e0031.0000e0045.3500e00315.1753 15.1753 3.7000e00415.1845 Total 7.6100e0035.2800e0030.0481 1.5000e0040.0198 1.1000e0040.0199 5.2400e0031.0000e0045.3500e00315.1753 15.1753 3.7000e00415.1845 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Archit. Coating 1.8216 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.1808 1.2188 1.8101 2.9700e0030.0609 0.0609 0.0609 0.0609 0.0000 281.4481 281.4481 0.0159 281.8443 Total 2.0023 1.2188 1.8101 2.9700e0030.0609 0.0609 0.0609 0.0609 0.0000 281.4481 281.4481 0.0159 281.8443 Mitigated Construction On-Site
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4.0 Operational Detail - Mobile

4.1 Mitigation Measures Mobile

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ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000

4.2 Trip Summary Information

4.3 Trip Type Information
Average Daily Trip Rate Unmitigated Mitigated
Land Use Weekday Saturday Sunday Annual VMT Annual VMT
Other Asphalt Surfaces 0.00 0.00 0.00
Total 0.00 0.00 0.00
Miles Trip % Trip Purpose %
Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by Other Asphalt Surfaces 13.00 5.00 5.00 0.00 0.00 0.00 0 0 0

5.0 Energy Detail

4.4 Fleet Mix
Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH Other Asphalt Surfaces 0.582546 0.028575 0.198242 0.117308 0.024121 0.006096 0.012865 0.019735 0.002341 0.001188 0.004913 0.000770 0.001299 Historical Energy Use: N
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ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
NaturalGas
Mitigated

0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 NaturalGas
Unmitigated

0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000

5.2 Energy by Land Use - NaturalGas
NaturalGa
s Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Land Use kBTU/yr lb/day lb/day
Other Asphalt
Surfaces
0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated

5.1 Mitigation Measures Energy
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6.1 Mitigation Measures Area

6.0 Area Detail
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Mitigated 0.0104 2.0000e0052.2300e0030.0000 1.0000e0051.0000e0051.0000e0051.0000e0054.7800e0034.7800e0031.0000e0055.0900e003 Unmitigated 0.0104 2.0000e0052.2300e0030.0000 1.0000e0051.0000e0051.0000e0051.0000e0054.7800e0034.7800e0031.0000e0055.0900e003

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7.0 Water Detail

6.2 Area by SubCategory
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
SubCategory lb/day lb/day
Architectural
Coating

2.5000e0030.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Consumer
Products

7.7300e0030.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Landscaping 2.1000e0042.0000e0052.2300e0030.0000 1.0000e0051.0000e0051.0000e0051.0000e0054.7800e0034.7800e0031.0000e0055.0900e003 Total 0.0104 2.0000e0052.2300e0030.0000 1.0000e0051.0000e0051.0000e0051.0000e0054.7800e0034.7800e0031.0000e0055.0900e003 Unmitigated
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
SubCategory lb/day lb/day
Architectural
Coating

2.5000e0030.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Consumer
Products

7.7300e0030.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Landscaping 2.1000e0042.0000e0052.2300e0030.0000 1.0000e0051.0000e0051.0000e0051.0000e0054.7800e0034.7800e0031.0000e0055.0900e003 Total 0.0104 2.0000e0052.2300e0030.0000 1.0000e0051.0000e0051.0000e0051.0000e0054.7800e0034.7800e0031.0000e0055.0900e003 Mitigated
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8.1 Mitigation Measures Waste

7.1 Mitigation Measures Water

7.0 Water Detail

8.0 Waste Detail

11.0 Vegetation

9.0 Operational Offroad
Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type

10.0 Stationary Equipment
Fire Pumps and Emergency Generators
Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers
Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment
Equipment Type Number
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1 MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation
Measure Requirements of Measure Compliance Method Verification Timing Responsible Party Air Quality
MM AQ-1 Idling Control Techniques. During all construction activities and use of diesel vehicles, the applicant shall implement the following idling control techniques:

1. Idling Restrictions Near Sensitive Receptors for Both Onand Off-Road Equipment. a. Staging and queuing areas shall not be located
within 1,000 feet of sensitive receptors, if
feasible;
b. Diesel idling within 1,000 feet of sensitive
receptors shall not be permitted;
c. Use of alternative-fueled equipment shall be
used whenever possible; and
d. Signs that specify the no idling requirements
shall be posted and enforced at the construction
site.

2. California Diesel Idling Regulations. On-road diesel vehicles shall comply with 13 California Code of
Regulations (CCR) 2485. This regulation limits idling from diesel-fueled commercial motor vehicles with gross
vehicular weight ratings of more than 10,000 pounds and licensed for operation on highways. It applies to California and non-California based vehicles. In general, the
regulation specifies that drivers of said vehicles:
a. Shall not idle the vehicle’s primary diesel engine
for greater than 5 minutes at any location, except
as noted in Subsection (d) of the regulation; and
b. Shall not operate a diesel-fueled auxiliary power
system (APS) to power a heater, an air
conditioner, or any ancillary equipment on that
vehicle during sleeping or resting in a sleeper
berth for greater than 5 minutes at any location
when within 1,000 feet of a restricted area,
except as noted in Subsection (d) of the
regulation.

Signs must be posted in the designated queuing areas and job sites to remind drivers of the 5-minute idling limit. The specific requirements and exceptions in the regulation can be reviewed at the following website: www.arb.ca.gov/msprog/truck-idling/2485.pdf.

The construction
contractor shall
implement idling control
techniques.

During all construction
activities
Project Applicant,
San Luis Obispo Air
Pollution Control District

EXHIBIT B

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Traffic Way over Arroyo Grande Creek Bridge Replacement Project Initial Study/Mitigated Negative Declaration
2 Mitigation
Measure Requirements of Measure Compliance Method Verification Timing Responsible Party MM AQ-2 Asbestos Material in Demolition. Demolition activities can have potential negative air quality impacts, including issues surrounding proper handling, demolition, and disposal of asbestos-containing material (ACM). ACMs could be encountered during demolition or remodeling of the existing bridge. Asbestos can also be found in utility pipes/pipelines (transite pipes or insulation on pipes). If utility pipelines are scheduled for removal or relocation or a building(s) is proposed to be removed or renovated, various regulatory requirements may apply, including the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (NESHAP; 40 Code of Federal Regulations [CFR] 61, Subpart M - asbestos NESHAP). These requirements include but are not limited to: (1) notification to the APCD; (2) an asbestos survey conducted by a Certified Asbestos Inspector; and (3) applicable removal and disposal requirements of identified ACM. More information on asbestos can be found at:
http://www.slocleanair.org/business/asbestos.php.

The construction
contractor shall
implement requirements
stipulated in the National
Emission Standard for
Hazardous Air Pollutants
(NESHAP; 40 Code of
Federal Regulations
[CFR] 61, Subpart M -
asbestos NESHAP).

During demolition
activities
Project Applicant,
San Luis Obispo Air
Pollution Control District
Biological Resources
MM BIO-1 Preconstruction Botanical Surveys. Prior to construction, a preconstruction survey shall be conducted to ensure special-status plant species are not present within the project area. If Gambel’s watercress or marsh sandwort are found within the project area, all work will be stopped immediately, the U.S. Fish and Wildlife Service will be notified, and work will not commence until consultation is completed. If other special-status plant species are present, the location and number of individuals will be recorded and suitable measures will be incorporated into the project plans, such as seed collection and replanting of special-status species, to avoid and/or minimize potential impacts to these species. Observations of these or other special-status species shall be documented on California Natural Diversity Database forms and submitted to the California Department of Fish and Wildlife upon project completion.

Survey results shall be
submitted to the City of
Arroyo Grande.

Prior to construction
activities
Project Applicant
MM BIO-2 Invasive Species Control. The following measures shall be implemented to reduce potential impacts related to the spread of invasive species:

1. During construction, the project contractor will make all reasonable efforts to limit the use of imported soils for fill.

Soils currently existing on-site should be used for fill material. If the use of imported fill material is necessary, the imported material must be obtained from a source that is known to be free of invasive plant species, or the
material must consist of purchased clean material such as The construction
contractor shall
implement measures to
reduce the spread of
invasive species.

Prior to and during
construction activities
Project Applicant

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Traffic Way over Arroyo Grande Creek Bridge Replacement Project Initial Study/Mitigated Negative Declaration
3 Mitigation
Measure Requirements of Measure Compliance Method Verification Timing Responsible Party crushed aggregate, sorted rock, or similar. To avoid the spread of invasive species, the contractor shall:
a. Stockpile topsoil and redeposit the stockpiled
soil on-site at a sufficient depth to preclude
germination or spread of those species after
construction is complete; or,
b. Transport the topsoil to a permitted landfill for
disposal.

2. Prior to construction, project plans will clearly identify the type of species, location, and methodology of removal and disposal of invasive exotic species found within the project site. Removal and disposal of invasive exotic plants and wildlife must be in accordance with state law and/or project authorizations from resource agencies (e.g., U.S. Fish and Wildlife Service Programmatic Biological Opinion). In
particular, for those invasive exotic plant species that are particularly difficult to remove (e.g., jubata grass
[Cortaderia jubata]), a combination of cutting and
application of herbicide would likely be required, and thus require a request for an amendment to the standard
conditions of the U.S. Fish and Wildlife Service
Programmatic Biological Opinion. In addition, removal of crayfish or bullfrog (Lithobates catesbeiana) must be
conducted lawfully using methodologies outlined in the
California Fish and Game Code.

3. During construction, the biological monitor(s) will ensure that the spread or introduction of invasive exotic plant and wildlife species is avoided to the maximum extent possible.

4. All erosion control materials including straw bales, straw wattles, or mulch used on-site must be free of invasive species seed.

MM BIO-3 California Red-Legged Frog. The following measures shall be implemented to reduce potential impacts to California red-legged frog:

1. Only U.S. Fish and Wildlife Service-approved biologists will participate in activities associated with the capture and handling of California red-legged frogs. Biologists
authorized under the Programmatic Biological Opinion do not need to re-submit their qualifications for subsequent projects conducted pursuant to the Programmatic
Biological Opinion, unless the U.S. Fish and Wildlife
Service has revoked their approval at any time during the life of the Programmatic Biological Opinion.

The construction
contractor shall
implement measures to
reduce potential impacts
to California red-legged
frog.

Prior to and during
construction activities
Project Applicant

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Traffic Way over Arroyo Grande Creek Bridge Replacement Project Initial Study/Mitigated Negative Declaration
4 Mitigation
Measure Requirements of Measure Compliance Method Verification Timing Responsible Party

2. Ground disturbance will not begin until written approval is received from the U.S. Fish and Wildlife Service that the biologist(s) is qualified to conduct the work. The California Department of Transportation will request approval of the biologist(s) from the U.S. Fish and Wildlife Service.

3. A U.S. Fish and Wildlife Service-approved biologist will survey the project area no more than 48 hours before the onset of work activities. If any life stage of the California red-legged frog is found and these individuals are likely to be killed or injured by work activities, the approved
biologist will be allowed sufficient time to move them from the site before work activities begin. The U.S. Fish and Wildlife Service-approved biologist will relocate the
California red-legged frogs the shortest distance possible to a location that contains suitable habitat and will not be affected by the activities associated with the project. The relocation site should be in the same drainage to the extent practicable. The California Department of Transportation will coordinate with the U.S. Fish and Wildlife Service on the relocation site prior to the capture of any California redlegged frogs.

4. Before any activities begin on a project, a U.S. Fish and Wildlife Service-approved biologist will conduct a training session for all construction personnel. At a minimum, the training will include a description of the California redlegged frog and its habitat, the specific measures that are being implemented to conserve the California red-legged frog for the current project, and the boundaries within which the project may be accomplished. Brochures, books, and briefings may be used in the training session, provided that a qualified person is on hand to answer any questions.

5. A U.S. Fish and Wildlife Service-approved biologist will be present at the work site until California red-legged frogs have been relocated out of harm’s way, workers have been instructed, and disturbance of the habitat has been
completed. After this time, the City of Arroyo Grande Public Works Department will designate a person to monitor onsite compliance with minimization measures. The U.S. Fish and Wildlife Service-approved biologist will ensure that this monitor receives the training outlined in (4) above and in the identification of California red-legged frogs. If the monitor or the U.S. Fish and Wildlife Service-approved
biologist recommends that work be stopped because
California red-legged frogs would be affected in a manner not anticipated by the California Department of
Transportation, City of Arroyo Grande Public Works

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Traffic Way over Arroyo Grande Creek Bridge Replacement Project Initial Study/Mitigated Negative Declaration
5 Mitigation
Measure Requirements of Measure Compliance Method Verification Timing Responsible Party Department, and the U.S. Fish and Wildlife Service during the review of the proposed action, they will notify the resident engineer (the engineer that is directly overseeing and in command of construction activities) immediately.

The resident engineer will either resolve the situation by eliminating the adverse effect immediately or require that actions that are causing these effects be halted. If work is stopped, the California Department of Transportation, City of Arroyo Grande Public Works Department, and U.S. Fish and Wildlife Service will be notified as soon as is
reasonably possible.

6. During project activities, trash that may attract predators will be properly contained, removed from the work site, and disposed of regularly. Following construction, trash and construction debris will be removed from work areas.

7. All refueling, maintenance, and staging of equipment and vehicles will occur at least 60 feet from riparian habitat or waterbodies and in a location from where a spill would not drain directly toward aquatic habitat (e.g., on a slope that drains away from the water). The monitor will ensure
contamination of habitat does not occur during such
operations. Prior to the onset of work, the California
Department of Transportation and City of Arroyo Grande
Public Works Department will ensure that a plan is in place for prompt and effective response to any accidental spills.

All workers will be informed of the importance of preventing spills and of the appropriate measures to take should a spill occur.

8. Habitat contours will be returned to their original
configuration at the end of project activities. This measure will be implemented in all areas disturbed by activities associated with the project, unless the U.S. Fish and
Wildlife Service, California Department of Transportation, and City of Arroyo Grande Public Works Department
determine that it is not feasible or modification or original contours would benefit the California red-legged frog.

9. The number of access routes, size of staging areas, and the total area of activity will be limited to the minimum necessary to achieve the project. Environmentally
Sensitive Areas will be established to confine access
routes and construction areas to the minimum area
necessary to complete construction and minimize the
impact to California red-legged frog habitat; this goal includes locating access routes and construction areas

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Traffic Way over Arroyo Grande Creek Bridge Replacement Project Initial Study/Mitigated Negative Declaration
6 Mitigation
Measure Requirements of Measure Compliance Method Verification Timing Responsible Party outside of wetlands and riparian areas to the maximum
extent practicable.

10. The California Department of Transportation and City of Arroyo Grande Public Works Department will attempt to
schedule work for times of the year when impacts to the California red-legged frog would be minimal. For example, work that would affect large pools that may support
breeding would be avoided, to the maximum degree
practicable, during the breeding season (November–May).

Isolated pools that are important to maintain California redlegged frogs through the driest portions of the year would be avoided, to the maximum degree practicable, during the late summer and early fall. Habitat assessments, surveys, and technical assistance between the U.S. Fish and
Wildlife Service and California Department of
Transportation during project planning will be used to
assist in scheduling work activities to avoid sensitive habitats during key times of year.

11. To control sedimentation during and after project
implementation, the California Department of
Transportation and City of Arroyo Grande Public Works
Department will implement Best Management Practices
outlined in any authorizations or permits issued under the authorities of the Clean Water Act that it receives for the specific project. If Best Management Practices are
ineffective, the California Department of Transportation will attempt to remedy the situation immediately, in
coordination with the U.S. Fish and Wildlife Service.

12. If a work site is to be temporarily dewatered by pumping, intakes will be completely screened with wire mesh not
larger than 0.2 inch to prevent California red-legged frogs from entering the pump system. Water will be released
downstream at an appropriate rate to maintain downstream flows during construction. Upon completion of construction activities, any diversions or barriers to flow will be removed in a manner that would allow flow to resume with the least disturbance to the substrate. Alteration of the streambed will be minimized to the maximum extent possible; any
imported material will be removed from the streambed
upon completion of the project.

13. Unless approved by the U.S. Fish and Wildlife Service, water will not be impounded in a manner that may attract California red-legged frogs.

14. A U.S. Fish and Wildlife Service-approved biologist will permanently remove any individuals of exotic species,

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Traffic Way over Arroyo Grande Creek Bridge Replacement Project Initial Study/Mitigated Negative Declaration
7 Mitigation
Measure Requirements of Measure Compliance Method Verification Timing Responsible Party such as bullfrogs, crayfish, and centrarchid fishes from the project area, to the maximum extent. The U.S. Fish and
Wildlife Service-approved biologist will be responsible for ensuring their activities are in compliance with the
California Fish and Game Code.

15. If the California Department of Transportation and the City of Arroyo Grande Public Works Department demonstrate
that disturbed areas have been restored to conditions that allow them to function as habitat for the California redlegged frog, these areas will not be included in the amount of total habitat permanently disturbed.

16. To ensure that diseases are not conveyed between work sites by the U.S. Fish and Wildlife Service-approved
biologist, the fieldwork code of practice developed by the Declining Amphibian Task Force will be followed at all
times.

17. Project sites will be re-vegetated with an assemblage of native riparian, wetland, and upland vegetation suitable for the area. Locally collected plant materials will be used to the extent practicable. Invasive, exotic plants will be controlled to the maximum extent practicable. This
measure will be implemented in all areas disturbed by
activities with the project, unless the U.S. Fish and Wildlife Service, California Department of Transportation, and City of Arroyo Grande Public Works Department have
determined that it is not feasible or practical.

18. The California Department of Transportation and City of Arroyo Grande Public Works Department will not use
herbicides as the primary method to control invasive,
exotic plants. However, if the California Department of Transportation and City of Arroyo Grande Public Works
Department determine the use of herbicides is the only
feasible method for controlling invasive plants at a specific project site, it will implement the following additional measures to protect California red-legged frog:
a. The California Department of Transportation and
City of Arroyo Grande Public Works Department
will not use herbicides during the breeding
season for California red-legged frog.
b. The California Department of Transportation and
City of Arroyo Grande Public Works Department
will conduct surveys for California red-legged
frog immediately prior to the start of herbicide
use. If found, California red-legged frog will be
relocated to suitable habitat far enough from the

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Traffic Way over Arroyo Grande Creek Bridge Replacement Project Initial Study/Mitigated Negative Declaration
8 Mitigation
Measure Requirements of Measure Compliance Method Verification Timing Responsible Party project area that no direct contact with herbicide
would occur.
c. Giant reed and other invasive plants will be cut
and hauled out by hand and painted with
glyphosate-based products, such as
Aquamaster® or Rodeo®.
d. Licensed and experienced California Department
of Transportation staff or a licensed and
experienced contractor will use a hand-held
sprayer for foliar application of Aquamaster® or
Rodeo® where large monoculture stands occur
at an individual project site.
e. All precautions will be taken to ensure that no
herbicide is applied to native vegetation.
f. Foliar applications of herbicide will not occur
when wind speeds are in excess of 3 miles per
hour.
g. No herbicides will be applied within 24 hours of
forecasted rain.
h. Application of herbicides will be done by
qualified California Department of Transportation
staff, City of Arroyo Grande staff, or contractors
to ensure that overspray is minimized,
application is made in accordance with the label
recommendations, and required and reasonable
safety measures are implemented. A safe dye
will be added to the mixture to visually denote
treated sites. Application of herbicides will be
consistent with the U.S. Environmental
Protection Agency’s Office of Pesticide
Programs Endangered Species Protection
Program county bulletins.
i. All herbicides, fuels, lubricants, and equipment
will be stored, poured, or refilled at least 60 feet
from riparian habitat or water bodies in a location
where a spill would not drain directly toward
aquatic habitat. The California Department of
Transportation and City of Arroyo Grande Public
Works Department will ensure that a plan is in
place for a prompt and effective response to
accidental spills. All workers will be informed of
the importance of preventing spills and of the
appropriate measures to take should a spill
occur.

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Traffic Way over Arroyo Grande Creek Bridge Replacement Project Initial Study/Mitigated Negative Declaration
9 Mitigation
Measure Requirements of Measure Compliance Method Verification Timing Responsible Party MM BIO-4 South-Central California Coast Steelhead. The following measures shall be implemented to reduce potential impacts to South-Central California Coast steelhead:

1. Avoid or reduce the area of permanent structures, such as rock slope protection, within the ordinary high-water mark on-site. Selection of the single-span bridge design reduces the need for additional support structures located within the ordinary high-water mark (structures will still be present on the stream banks). Removal of the existing piles within the ordinary high-water mark would result in improvements to steelhead habitat in the vicinity of the bridge.

2. Prior to initiation of stream diversion/dewatering, a qualified biologist shall conduct a worker environmental training program, including a description of steelhead, steelhead critical habitat, its legal/protected status, proximity to the project site, avoidance/minimization measures to be
implemented during the project, and the implications of violating Federal Endangered Species Act and permit
conditions.

3. In-stream work will take place between June 1 and
October 15 in any given year, when the surface water
within Arroyo Grande Creek is likely to be at seasonal
minimum. Deviations from this work window will only be
made with permission from the relevant regulatory
agencies. During in-stream work, a qualified biologist who is approved by the National Oceanic and Atmospheric
Administration National Marine Fisheries Service and has experience in steelhead biology and ecology, aquatic
habitats, biological monitoring (including
diversion/dewatering), and capturing, handling, and
relocating fish species will be retained. During in-stream work, the biological monitor(s) will continuously monitor placement and removal of any required stream diversions and will capture stranded steelhead and other native fish species and relocate them to suitable habitat, as
appropriate. The approved biologist(s) will capture
steelhead stranded as a result of diversion/dewatering and relocate steelhead to the nearest suitable in-stream
habitat. The approved biologist(s) will note the number of steelhead observed in the affected area, the number of
steelhead relocated, and the date and time of the collection and relocation.

4. During in-stream work, if pumps are incorporated to assist in temporarily dewatering the site, intakes will be
completely screened with no larger than 0.2-inch (5-
The construction
contractor shall
implement measures to
reduce potential impacts
to South-Central
California Coast
steelhead.

Prior to and during
construction activities
Project Applicant

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Traffic Way over Arroyo Grande Creek Bridge Replacement Project Initial Study/Mitigated Negative Declaration
10 Mitigation
Measure Requirements of Measure Compliance Method Verification Timing Responsible Party millimeter) wire mesh to prevent steelhead and other
sensitive aquatic species from entering the pump system.

Pumps will release the diverted water so that suspended sediment will not re-enter the stream. The form and
function of pumps used during the dewatering activities will be checked daily, at a minimum, by a qualified biological monitor to ensure a dry work environment and minimize
adverse effects to aquatic species and habitats.

MM BIO-5 Western Pond Turtle. Prior to construction, a biologist determined qualified by the California Department of Transportation shall survey the Biological Study Area and capture and relocate any western pond turtles, if present, to suitable habitat upstream of the Biological Study Area. Observations of these or other special-status species shall be documented on California Natural Diversity Database forms and submitted to the California Department of Fish and Wildlife upon project completion. If western pond turtle or other special concern aquatic species are observed during construction, they will likewise be relocated to suitable upstream habitat by the qualified biologist.

Survey and relocation
results shall be submitted
to the City of Arroyo
Grande.

Prior to and during
construction activities
Project Applicant
MM BIO-6 Nesting Migratory Birds. The following measures shall be included at appropriate times to reduce potential impacts to nesting migratory birds:

1. Prior to construction, when feasible, tree removal will be scheduled to occur from September 16 through February
14, outside of the typical nesting bird season, to avoid potential impacts to nesting birds.

2. If construction activities are proposed during the typical nesting season (February 15 to September 15), a nesting bird survey will be conducted by qualified biologists no more than two weeks prior to the start of construction to determine presence/absence of nesting birds within the
project area and immediate vicinity. The California
Department of Transportation will be notified if federally listed nesting bird species are observed during the surveys and will facilitate coordination with the U.S. Fish and Wildlife Service, if necessary, to determine an appropriate avoidance strategy. Likewise, coordination with California Department of Fish and Wildlife will be facilitated by the City of Arroyo Grande Public Works Department if
necessary to devise a suitable avoidance plan for statelisted nesting bird species. If raptor nests are observed within the project area during the preconstruction nesting bird surveys, the nest(s) shall be designated an
Environmental Sensitive Area and protected by a minimum 500-foot avoidance buffer until the breeding season ends The construction
contractor shall
implement measures to
reduce potential impacts
to nesting migratory birds;
survey results shall be
submitted to the City of
Arroyo Grande.

Prior to and during
construction activities
Project Applicant

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Measure Requirements of Measure Compliance Method Verification Timing Responsible Party or until a qualified biologist determines that all young have fledged and are no longer reliant upon the nest or parental care for survival. Similarly, if active passerine nests are observed within the project area during the preconstruction nesting bird surveys, the nest(s) shall be designated an Environmentally Sensitive Area and protected by a
minimum 250-foot avoidance buffer until the breeding
season ends or until a qualified biologist determines that all young have fledged and are no longer reliant upon the nest or parental care for survival. Resource agencies may
consider proposed variances from these buffers if there is a compelling biological or ecological reason to do so, such as protection of a nest via concealment due to site
topography.

MM BIO-7 Roosting Bats. The following measures shall be included at appropriate times to reduce potential impacts to roosting bats:

1. Prior to construction, a visual survey will be conducted by a qualified biologist, at dawn and at dusk, to identify potential roosting bat activity. This survey shall be conducted
between 2 and 4 weeks prior to bridge and/or tree removal activities. If roosting bat activity is identified during the preconstruction survey process, the City of Arroyo Grande will coordinate with the California Department of Fish and Wildlife regarding the biological significance of the bat population and appropriate measures that could be used to exclude bats from roosting under the bridge. Measures
may include, but are not limited to, the installation of exclusionary devices by a qualified individual.

2. If it is determined that a substantial impact to individual bat species or a maternity roost will occur, then the City of Arroyo Grande will compensate for the impact through the development and implementation of a mitigation plan in
coordination with California Department of Fish and
Wildlife.

The construction
contractor shall
implement measures to
reduce potential impacts
to roosting bats; survey
results shall be submitted
to the City of Arroyo
Grande.

Prior to and during
construction activities
Project Applicant
MM BIO-8 Arroyo Willow. The following measures shall be included at appropriate times to reduce potential impacts to Arroyo Grande Creek:

1. Prior to initiation of any construction activities, including vegetation clearing or grubbing, sturdy high-visibility fencing will be installed to protect the arroyo willow thickets adjacent to the designated work areas. This fencing will be placed so that unnecessary adverse impacts to the
adjacent habitats are avoided. No construction work
(including storage of materials) will occur outside of the The construction
contractor shall
implement measures to
reduce potential impacts
to arroyo willow.

Prior to and during
construction activities
Project Applicant

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Measure Requirements of Measure Compliance Method Verification Timing Responsible Party specified project limits. The fencing will remain in place during the entire construction period, be monitored
periodically by a qualified biologist, and be maintained as needed by the contractor.

2. Prior to construction, the City of Arroyo Grande Public Works Department will prepare a comprehensive Habitat
Mitigation and Monitoring Plan that provides for a 1:1
restoration ratio for temporary impacts and a 3:1
enhancement ratio for permanent impacts, unless
otherwise directed by regulatory agencies. To the extent feasible, mitigation activities will be implemented within the project area and/or the Arroyo Grande Creek riparian
corridor and areas in and adjacent to the project area that support invasive plant species, contain agricultural trash, and have erosion. These areas provide the most optimal
mitigation opportunities on-site. Areas within the
disturbance area where landscape trees and shrubs would be removed may also provide opportunities for planting
native trees and riparian species. Any revegetation will be conducted using only native plant species. The final
Habitat Mitigation and Monitoring Plan will identify the specific mitigation sites and it will be implemented
immediately following project completion.

MM BIO-9 Arroyo Grande Creek. The following measures shall be included at appropriate times to reduce potential impacts to Arroyo Grande Creek:

1. Prior to construction, the City of Arroyo Grande Public Works Department will obtain a Section 404 Permit from
the United States Army Corps of Engineers, a Section 401 Water Quality Certification from the Regional Water Quality Control Board, and a Section 1602 Streambed Alteration
Agreement from the California Department of Fish and
Wildlife for project-related impacts that will occur in areas under state and federal jurisdiction.

2. Prior to construction, the City of Arroyo Grande Public Works Department will retain a qualified biological
monitor(s) to monitor construction and ensure compliance with the avoidance and minimization efforts outlined within all the project environmental documents. At a minimum,
monitoring will occur during initial ground disturbance activities and vegetation removal within the Arroyo Grande Creek corridor. Monitoring may be reduced to part time
once initial disturbance and vegetation removal activities are complete. The duration of monitoring should be at least The construction
contractor shall
implement measures to
reduce potential impacts
to Arroyo Grande Creek.

Prior to and during
construction activities
Project Applicant

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Measure Requirements of Measure Compliance Method Verification Timing Responsible Party once per week throughout the remaining construction
phases, unless specified otherwise by permitting agencies.

3. Prior to construction, all personnel will participate in an environmental awareness training program conducted by a qualified biologist. The program shall include a description of the sensitive aquatic resources and federally designated critical habitat within the project area and the boundaries within which the project may be accomplished. If
appropriate, the biologist may train and designate a
representative of the City of Atascadero or other designee to provide training to subcontractors or personnel who will be on-site for short durations during the project.

4. Construction activities within jurisdictional areas will be conducted during the dry season when stream flows will be at annual lows (June 1–October 15) in any given year, or as otherwise directed by the regulatory agencies.

Deviations from this work window can be made with
permission from the relevant regulatory agencies.

5. Prior to initiation of any construction activities, including vegetation clearing or grubbing, sturdy high-visibility fencing will be installed to protect the jurisdictional areas adjacent to the designated work areas. This fencing will be placed so that unnecessary adverse impacts to the
adjacent habitats are avoided. No construction work
(including storage of materials) will occur outside of the specified project limits. The fencing will remain in place during the entire construction period, be monitored
periodically by a qualified biologist, and be maintained as needed by the contractor.

6. Prior to construction, the contractor will prepare a Hazardous Materials Response Plan to allow for a prompt and effective response to any accidental spills. Workers will be informed of the importance of preventing spills and of the appropriate measures to take should a spill occur.

7. Prior to construction, a Storm Water Pollution Prevention Plan will be prepared for the project. Provisions of this plan will be implemented during and after construction as
necessary to avoid and minimize erosion and stormwater
pollution in and near the work area.

8. During construction, erosion control measures (e.g., silt fencing, fiber rolls, and barriers) will remain available onsite and will be utilized as necessary to prevent erosion and sedimentation in jurisdictional areas. No synthetic plastic mesh products will be used for erosion control and use of these materials on-site is prohibited. Erosion control

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Measure Requirements of Measure Compliance Method Verification Timing Responsible Party measures and other suitable Best Management Practices
used will be checked to ensure that they are intact and functioning effectively and maintained daily throughout the duration of construction. The contractor will also apply adequate dust control techniques, such as site watering, during construction to protect water quality.

9. During construction, water quality monitoring of turbidity will be required while water is flowing.

10. During construction, the cleaning and refueling of
equipment and vehicles will occur only within a designated staging area and at least 60 feet (20 meters) from the
creek banks. At a minimum, equipment and vehicles will be checked and maintained daily to ensure proper operation and avoid potential leaks or spills.

11. During construction, trash will be contained, removed from the work site, and disposed of regularly. Following
construction, trash and construction debris will be removed from the work areas. Vegetation removed from the
construction site will be taken to a certified landfill to prevent the spread of invasive species. If soil from weedy areas (such as areas with poison hemlock or other
invasive exotic plant species) must be removed off-site, the top 6 inches (152 millimeters) containing the seed layer in areas with weedy species will be disposed of at a
permitted landfill.

12. During construction, no pets will be allowed on the construction site.

Cultural Resources
MM CR-1 In the event that cultural resources are encountered during project activities, all ground-disturbing activities within a 25-foot radius of the find shall cease and the City of Arroyo Grande shall be notified immediately. Work shall not continue until a qualified archaeologist assesses the find and determines the need for further study. If the find includes Native American-affiliated materials, a local Native American tribal representative will be contacted to work in conjunction with the approved archaeologist to determine the need for further study. A standard inadvertent discovery clause shall be included in every grading and construction contract to inform contractors of this requirement.

Cease ground disturbing
activities and immediately
notify City of Arroyo
Grande.

In the event that cultural
resources are
encountered during
project activities; during
ground-disturbing
activities on the project
site
Project Applicant

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15 Mitigation
Measure Requirements of Measure Compliance Method Verification Timing Responsible Party Geology and Soils
MM GEO-1 All project-related ground disturbance that occurs in previously undisturbed native soils shall be monitored by a qualified paleontological monitor on a full-time basis. However, the frequency of monitoring may be reduced at the discretion of the qualified paleontologist if the disturbed geologic units are determined to have a low potential to yield significant fossil resources upon further examination of the geologic units during grading operations. In the event that a subsurface fossil is discovered within the project area during project activities, all work within the vicinity of the find shall cease until the qualified paleontological monitor can assess the significance of the find. Field data forms shall be used to record pertinent geologic data. Any recovered fossils shall be prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and reposited in a designated paleontological curation facility. The qualified paleontologist shall prepare a paleontological mitigation and monitoring report to be filed with the City of Arroyo Grande, as lead agency, and the repository.

Monitoring results shall
be submitted to the City
of Arroyo Grande.

During project-related
ground disturbance that
occurs in previously
undisturbed native soils
Project Applicant
Hazards and Hazardous Materials
HAZ-1 Prior to the implementation of any lane/road closures or detour routes, the City and/or its project contractors shall provide notice to all residents, business owners, public facilities, and emergency response providers likely to be affected by the closure and detours, including, but not limited to, the Five Cities Fire Authority and Arroyo Grande Police Department. The notice shall include the following information: dates of construction, temporary lane/road closures and detours, and contact information, including the phone number and email address of the City staff person responsible for responding to and addressing public complaints regarding access. The notice shall be provided at least 2 weeks prior to any planned road closure.

The City of Arroyo
Grande and/or its project
contractors shall provide
notice to those likely to be
affected by the closure
and detours.

Within 2 weeks prior to
the implementation of any
lane/road closures or
detour routes
Project Applicant,
City of Arroyo Grande
Noise
MM N-1 Noise-generating construction activities shall be limited to the daytime hours of 7:00 a.m. to 9:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. Saturday through Sunday, excluding legal holidays observed by the City during which no noise-generating construction activities shall be allowed. Any exceptions to this period of time would need to be authorized by the City of Arroyo Grande on a case-by-case basis and would be subject to the City of Arroyo Grande Noise Standards.

The construction
contractor shall limit
construction activities to
daytime hours.

During construction
activities
Project Applicant

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16 Mitigation
Measure Requirements of Measure Compliance Method Verification Timing Responsible Party MM N-2 Internal combustion engines for construction equipment shall be equipped with the muffler recommended by the manufacturer.

Internal combustion engines shall not be operated on the job site without the appropriate muffler.

The construction
contractor shall use
appropriate mufflers.

During construction
activities
Project Applicant

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CITY OF ARROYO GRANDE

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this __ day of ____ , 20_, by and between the City of Arroyo Grande, a municipal corporation organized under the laws of the State of California with its principal place of business at 300 E. Branch Street, Arroyo Grande, California 93420, County of San Luis Obispo, State of California ("City") and Beacon Integrated Professional Resources, Inc. dba Hamner, Jewell and Associates', Incorporated in the State of California, with its principal place of business at 530 Paulding Circle, Suite A, Arroyo Grande, CA 93420 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing Real Estate services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the Traffic Way Bridge Replacement Project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional real estate consulting services necessary for the Project ("Services"). The Services are more particularly described in City's Request For Proposals, Exhibit "A," and Consultant's Proposal, Exhibit "B," which exhibits are attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.1 Term. The term of this Agreement shall be from September 26, 2023, to September 26, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than (2) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

BB&K (2023) -1- PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT 2

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3.3.10.2 Employment Eligibility: Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARS). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant's failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance.

BB&K (2023) -5- PROFESSIONAL SERVICES AGREEMENT

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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ARROYO GRANDE AND
Hamner, Jewell & Associates
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF ARROYO GRANDE
Approved By:

Caren Ray Russum, MaY.or
Approved as to Form:

Best Best & Krieger LLP
Isaac Rosen, City Attorney
Attested By:

Jessica Matson, City Clerk
BB&K (2023) -16-
Beacon Integrated Professional Resources, Inc., a
California S Corporation dba Hamner, Jewell &
Associates
By: ---------------
Its: ---------------
Printed Name: -----------
By: ---------------
Its: ______________ _
Printed Name: -----------

PROFESSIONAL SERVICES AGREEMENT

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....,
Local Assistance Procedures Manual Exhibit 10-02
Consultant Contract DBE Commitment
EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT

1. Local Agency: City of Arroyo Grande

3. Project Description: Traffic Way Bridge Replacement

4. Project Location: Traffic Way, Arroyo Grande, CA

2. Contract DBE Goal: ----------- 0
--

5. Consultant's Name: Beacon Integrated Professior 6. Prime Certified DBE: □ 7. Total Contract Award Amount:

8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants:

10. Description of Work, Service, or Materials 11. DBE 13. DBE Certification 12. DBE Contact Information Dollar Supplied Number Amount

0.00 Right of way appraisal and Acquisiton Services NIA N/A 0 Local Agency to Complete this Section
$0.00 20. Local Agency Contract
f\111mh�r· Yl(}z,oz,3- 02--- 14. TOTAL CLAIMED DBE PARTICIPATION

21. Federal-Aid Project Number: g
--'
-��fs0 % ��i,:.
ontract Execution j:;�::>
Local Agency certifies that all DBE certifi/ations ar� valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is �� oq/44/z< required.
07/07/2023

23. Local Agency R�entative's Signature � �-\f:M1W -D�e 6 15. Preparer's Signature 16. Date ��e
&l -tl/2°7 J.T. Katavich 805-773-1459
�l/\
27ocaiAgency Representative's Name 17. Preparer's Name 18.Phone °\t�U>v Wo� � Secretary

27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original- Local Agency

2. Copy- Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management. 1120 N Street, MS-89, Sacramento, CA 95814.

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July 23, 2015

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ATTACHMENT 3
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING PROGRAM SUPPLEMENT NO.

F017 TO ADMINISTERING AGENCY-STATE AGREEMENT NO. 05-
5199F15 FOR THE TRAFFIC WAY BRIDGE REPLACEMENT

PROJECT
WHEREAS, the Traffic Way Bridge was built in 1932; and
WHEREAS, in 2016 an inspection revealed signs of deck cracking, failed expansion joints, spalling concrete, concrete abrasion, and creek channel erosion; and WHEREAS, in 2018 the Bridge was determined to be high risk and identified as a replacement project; and
WHEREAS, on July 24, 2018, City Council approved an updated Master Service Agreement and Program Supplement Agreement for the replacement of the Traffic Way Bridge; and
WHEREAS, the City and the State have entered into Administering Agency-State Agreement for Federal Aid Funded Projects No. 05-5199R (“Traffic Way Bridge Replacement Project”); and
WHEREAS, the State has revised the Master Agreement to incorporate various changes in regulations and policies No.05-5199F15; and
WHEREAS, Program Supplement No. F017 to the Administering Agency-State Agreement for Federal Aid Funded Project No. 05-5199F15 designates the State and/ or Federal funds requested and the matching funds to be provided by the City of Arroyo Grande for the Traffic Way Bridge Replacement Project; and WHEREAS, the City of Arroyo Grande is eligible to receive State and/or Federal funds.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Arroyo Grande hereby:

1. Approves Exhibit A attached, entitled "Program Supplement Agreement No.

F017, to Administering Agency-State Agreement for Federal-Aid Projects No. 05- 5199F15".

2. Appoints the Mayor as the official representative authorized to sign the ProgramSupplement Agreement.

Page 330 of 575 ends

RESOLUTION NO.

PAGE 2
On motion by Council Member ________, seconded by Council Member _______, and by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

The foregoing Resolution was adopted on this 26th day of September 2023.

Page 331 of 575 ends

RESOLUTION NO.

PAGE 3
________________________________

CAREN RAY RUSSOM, MAYOR
ATTEST:

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
_________________________________

BILL ROBESON, INTERIM CITY MANAGER
APPROVED AS TO FORM:

ISAAC ROSEN, CITY ATTORNEY

Page 332 of 575 ends

F017 Rev. 1
FOR FEDERAL-AID PROJECTS NO 05-5199F15
0518000146
January 31, 2023
05-SLO-0-ARGD
BRLS-5199(030)
5199
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 08/07/2018 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached).

The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.

Traffic Way Bridge (Bridge Replacement) - Br. No. 49C-0318 Bridge Replacement 0.0(MILES)
Estimated Cost Federal Funds Matching Funds
Z001 $1,040,228.00
Y001 $575,445.00

CITY OF ARROYO GRANDE
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to

ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:

Location:

Project Number:

E.A. Number:

Locode:

PROJECT LOCATION:

TYPE OF WORK: LENGTH:

LOCAL OTHER
$1,825,000.00 $209,327.00 $0.00
Chief, Office of Project Implementation

STATE OF CALIFORNIA
Department of Transportation
$1,615,673.00
Program Supplement 05-5199F15-F017-R1- 1Page of 7
02/01/2023

EXHIBIT A

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SPECIAL COVENANTS OR REMARKS
05-SLO-0-ARGD
BRLS-5199(030)

1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.

B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s).

C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration.

D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.

Failure to do so will cause a delay in the State processing invoices for the construction phase.

Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual.

E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.

If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.

ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.

Program Supplement 05-5199F15-F017-R1- Page 2 of 7

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SPECIAL COVENANTS OR REMARKS
05-SLO-0-ARGD
BRLS-5199(030)
F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.

ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.

H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov.

Program Supplement 05-5199F15-F017-R1- Page 3 of 7

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SPECIAL COVENANTS OR REMARKS
05-SLO-0-ARGD
BRLS-5199(030)

2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.

B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.

C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.

E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.

Program Supplement 05-5199F15-F017-R1- Page 4 of 7

Page 336 of 575 ends

SPECIAL COVENANTS OR REMARKS
05-SLO-0-ARGD
BRLS-5199(030)
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.

H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.

I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations.

J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.

K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph:

ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested.

All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.

L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system
Program Supplement 05-5199F15-F017-R1- Page 5 of 7

Page 337 of 575 ends

SPECIAL COVENANTS OR REMARKS
05-SLO-0-ARGD
BRLS-5199(030)
of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.

M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.

N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.

O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.

P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement.

3. In the event that right of way acquisition for or construction of this project of the initial federal authorization for preliminary engineering is not started by the close of the tenth fiscal year following the fiscal year in which the project is authorized, the ADMINISTERING AGENCY shall repay the Federal Highway Administration through Caltrans the sum of Federal funds paid under the terms of this agreement.

4. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

Pertinent Nondiscrimination Authorities:

A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.

B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of Program Supplement 05-5199F15-F017-R1- Page 6 of 7

Page 338 of 575 ends

SPECIAL COVENANTS OR REMARKS
05-SLO-0-ARGD
BRLS-5199(030)
1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

Program Supplement 05-5199F15-F017-R1- Page 7 of 7

Page 339 of 575 ends

Item 9.f.

MEMORANDUM
TO: City Council
FROM: Steve Kahn, Interim Public Works Director
BY: Shane Taylor, Utilities Manager
SUBJECT: Monthly Water Supply and Demand Update
DATE: September 26, 2023
SUMMARY OF ACTION:

The update reports the City’s total water supply and demand for August 2023. Current Lopez Reservoir level and projected levels are provided in the attachments.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

Approximately two (2) hours of staff time is required to prepare the report.

RECOMMENDATION:

Receive and file the Monthly Water Supply and Demand Update.

BACKGROUND:

On March 28, 2023, the City Council adopted a Resolution rescinding the declaration of a State 1 Water Shortage Emergency and related water shortage restrictions and penalties.

The City of Arroyo Grande’s water entitlements are calculated on a water year that begins April 1st. The current water supply for water year 2023/2024 includes 2,290 Acre Feet from Lopez Reservoir, 1,323 Acre Feet of groundwater entitlement from the Santa Maria River Groundwater Basin, and 160 Acre Feet from the City’s wells that draw from the Pismo formation.

The predicted water use for 2023/2024 water year is 2,200 Acre Feet.

In August 2023, the City’s water use was 207.2 Acre Feet with a per capita use of 121 gallons per day/per person. The residential per capita use was 93 gallons per day/per person. There was a total of 0 inches of rainfall in the City in August 2023.

The rainfall total at the city Corporation Yard gauge for the season of 2023/2024 is 0 inches.

Page 340 of 575 ends

Item 9.f.

City Council
Monthly Water Supply and Demand Update
September 26, 2023

Page 2 ends

ANALYSIS OF ISSUES:

The United States Drought Monitor, as of September 11, 2023, shows San Luis Obispo County is not in a drought. Rainfall for the period of August 1, 2023, through August 31, 2023, is 0 inches at the Corporation Yard rain gauge. Lopez Lake is at 97.2% (48,000 Acre Feet) as of September 11, 2023. The 2022/2023 water year ended on March 31, 2023.

Lopez Lake began a continuous spill on March 23, 2023, and stopped spilling as of June 21, 2023. As of June 20, 2023, 14,457 Acre Feet had spilled from Lopez Lake. During a spill, all deliveries are waived and not charged towards contract entitlement. The City has 405 Acre Feet of entitlement credit due to the spill.

The deep well index for the third quarter of 2023 was completed on July 6, 2023, and is

11.57 feet above sea level, which is 4.7 feet above the threshold value. The current deep well index is 0.66 feet lower than April 2023, and 6.23 feet higher than July 2022.

ALTERNATIVES:

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

1. Receive and file the report, or

2. Provide other directions to staff.

ADVANTAGES:

The report provides the City Council and the public with the current and projected conditions of our water supply and demand.

DISADVANTAGES:

No disadvantages noted at this time.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item.

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. Monthly Operations Report

2. Lopez Reservoir Storage Projection

3. Yearly Water Use Supply & Demand

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Page 342 of 575 ends

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Attachment 3
196.4
207.2
115
121
0 50
100150200250
Aug‐22 Aug‐23
Monthly Water Use Comparison
Acre Feet Usage (gpcd)

Page 344 of 575 ends

Item 9.g.

MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
SUBJECT: Consideration of a Consultant Services Agreement for Building Division Staff, Plan Review, and Inspection Services
DATE: September 26, 2023
SUMMARY OF ACTION:

Approval of a consultant Professional Services Agreement for Building Division staff, plan review, and inspection services.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

No costs are associated with contract awards. Costs will be incurred for specific projects and services in compliance with the approved budget. Fiscal Year 2023-24 and Fiscal Year 2024-25 budgets each contain $375,000 for the Building Division Contractual Services account. Funds for additional/extension years will be allocated for in future budgets.

RECOMMENDATION:
1) Approve and authorize the Mayor to execute the Professional Services Agreement for Consultant Services for Building Division staff, plan review, and inspection services; 2) Make findings that the approval of a Professional Services Agreement for the contemplated services 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:

The use of consultants has proven to be an effective tool in the timely evaluation and delivery of City projects and services. In this case, the Community Development Department began utilizing the services of on-call contract building inspectors in 2006 when budget constraints eliminated the full-time building inspector position. Contract building plan review services have been used on an as-needed basis for many years during concentrated/peak permit submittal time frames, and for larger, more complex projects. In 2021, the utilization of a full contract building plan review and inspection services consultant began and again proved to improve customer service to City building

Page 345 of 575 ends

Item 9.g.

City Council
Consideration of a Consultant Services Agreement for Building Division Staff, Plan Review, and Inspection Services
September 26, 2023

Page 2 ends

permit applicants and decrease wait times for plan reviews and inspections. The most recent building plan review and inspection services consultant agreement was approved with BPR in September 2021 including the Chief Building Official (CBO), plan review and inspection services. In August 2022, the City hired an in-house Building Permit Technician to provide permit administrative services and act as a City Hall front counter presence for the Building Division. The existing building services contract with BPR expired on September 14, 2023. In anticipation of the expiration of the City’s contract with BPR, staff made the decision to explore other service provider opportunities through the Request for Proposals (RFP) process, while utilizing a short-term interim Professional Services Agreement with CSG to ensure no gaps in service before Council could consider a longerterm solution and move through the more formal RFP process. That interim Professional Services Agreement was approved with a not-too-exceed that was within the City Manager’s existing contract authority. Staff’s recommendation for CSG was based on a full review of all submitted proposals in accordance with the City’s RFP process.

Qualifications Received and Evaluation Process
On August 31, 2023, the City issued a RFP for Building Division Staff and Plan Review Services. Prior to the close of the RFP deadline on September 13, 2023, the City received RFPs from six (6) separate companies. Each of the proposals were ranked by City staff based on the following publicly advertised criteria:

1. Responsiveness to RFP;

2. Quantity, quality and relevance of the firm’s experience and resources; and

3. References
Based on staff’s review, the City conducted interviews with the three top companies. CSG Consultants was identified as the top firm because of their ability to provide a greater degree of local inspectors, excellent qualifications and customer service, and competitive costs of service fees. Staff entered into contract negotiation with CSG Consultants, which has agreed to a draft contract, based on the City’s template Professional Services Agreement (Attachment 1).

ANALYSIS OF ISSUES:

The current proposal for consideration by the City Council is for Building Division services that will provide the following:
 Building Plan Review Services - remote and/or on-site Plan Review staff;  All levels of on-site Building Inspection, as well as remote/virtual inspections;  As-needed Certified Building Official position services; and  Excellent and timely customer service, work well with residents, business owners, contractors, building industry professionals, and City staff.

Staff has developed a budget-conscious and applicant-centric Building Division services model that has worked through refinement over the past couple of years. Significant

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Item 9.g.

City Council
Consideration of a Consultant Services Agreement for Building Division Staff, Plan Review, and Inspection Services
September 26, 2023

Page 3 ends

improvements have been made in permit processing time, predictability of inspections, and Building Code and life and safety compliance communications. The City has received positive feedback from staff, residential applicants, and industry professionals (contractors, Architects, and Engineers) while staff and the City’s contract service providers continuously review processes for improvement.

The customized set of services in the proposed agreement includes:
 A Part Time CBO will conduct inspections, address issues out in the field and over the phone, and provide appropriate options if possible, to code compliance difficulties. The CBO also manages the plan review and inspection staff and reports to the Community Development Director and City Management staff.  Part Time Building Inspector will conduct both standard residential and more complicated commercial inspections.
 Full Building Plan Review services (remote). All Building Plans are submitted electronically and reviewed by the contracted service.

The intention of having a City-employed Building Permit Technician is to ensure and maintain a high level customer service by having a dedicated, on-site, and internal staff person. The Building Permit Technician is intended to be the “hub” and coordinator of the Building Permit System. This allows all applicants to have the capability to directly contact City staff with permit status, processing, and submittal questions, thereby saving time and money. The Building Permit Technician position has recently become vacant, and a recruitment for this position is underway.

The term length of the proposed agreement with CSG Consultants is two (2) years, with an option to extend the agreement for an additional two (2) years.

ALTERNATIVES:

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

1. Approve staff's recommendations;

2. Do not approve staff's recommendations - This option will require on-call interim service to continue but will not provide the predictability and certainty to applicants, contractors, and developers with the availability of continuous service delivery; or

3. Provide other direction to staff.

ADVANTAGES:

Approving the agreement with CSG Consultants will continue to allow the City to provide high quality plan review and inspection within a reasonable time-period, particularly through a consultant that can provide more local inspections.

Over time, the consulting firm will develop a better understanding of the City's procedures, practices, and expectations, continuing to enhance efficiency and product delivery. This

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Item 9.g.

City Council
Consideration of a Consultant Services Agreement for Building Division Staff, Plan Review, and Inspection Services
September 26, 2023

Page 4 ends

will in turn help the customer experience as they develop a relationship with applicants, contractors, and developers.

Establishment of this service agreement does not preclude the City from obtaining consultant services through the formal Request for Proposals (RFP) process for more specific project needs, specialty work, or grant requirements.

DISADVANTAGES:

None known at this time.

ENVIRONMENTAL REVIEW:

The contract agreement is not a project subject to the California Environmental Quality Act (“CEQA”) because the approval of a Professional Services Agreement for the contemplated services 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. Proposed Consultant Services Agreement

Page 348 of 575 ends

ATTACHMENT 1
BB&K (2023) -1- PROFESSIONAL SERVICES AGREEMENT

CITY OF ARROYO GRANDE

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of Arroyo Grande, a municipal corporation organized under the laws of the State of California with its principal place of business at 300 E. Branch Street, Arroyo Grande, California 93420, County of San Luis Obispo, State of California ("City") and CSG Consultants, Inc., with its principal place of business at 550 Pilgrim Drive, Foster City, CA 94404 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing Building Division services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render professional services for the provision of Building Division consulting services (the “Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Building Division consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. Unless earlier terminated as provided herein, the term of this Agreement shall be from October 16, 2023 to October 16, 2025. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. This Agreement may be extended for one (1) additional two (2) year period after the Initial Term upon written agreement by the City and Consultant. All terms and conditions of this Agreement shall apply to the additional two (2) year term.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference.

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3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel

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of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Bryan Spain, Regional Operations Manager.

3.3.5 City's Representative. The City hereby designates the Community Development Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Bryan Spain, Regional Operations Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

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3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed

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a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.11 Insurance.

3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

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3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage

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reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that

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such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.

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(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll

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records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees,

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agents, or volunteers.

3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.7 General Provisions.

3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: CSG Consultants, Inc.
550 Pilgrim Drive
Foster City, CA 94404

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ATTN: Bryan Spain
City: City of Arroyo Grande
300 E. Branch Street
Arroyo Grande, CA 93420
ATTN: Brian Pedrotti, Community Development Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project,

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ATTACHMENT 1
BB&K (2023) -13- PROFESSIONAL SERVICES AGREEMENT
it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.

3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Luis Obispo County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all

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ATTACHMENT 1
BB&K (2023) -14- PROFESSIONAL SERVICES AGREEMENT
procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely

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ATTACHMENT 1
BB&K (2023) -15- PROFESSIONAL SERVICES AGREEMENT
for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]

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ATTACHMENT 1
BB&K (2023) -16- PROFESSIONAL SERVICES AGREEMENT

SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ARROYO GRANDE AND

CSG CONSULTANTS
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF ARROYO GRANDE CSG CONSULTANTS, INC
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Bill Robeson
Interim City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:

City Clerk

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ATTACHMENT 1
BB&K (2020) Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT EXHIBIT "A"

SCOPE OF SERVICES
The Services provided by consultant will include building inspection services, building plan review, and building official support services.

Building inspections shall include all aspects of construction including structural, fire prevention, life safety, electrical, plumbing, mechanical, energy efficiency, accessibility standards, and site work. Adequate inspection services shall be provided to enforce compliance with the conditions of approval, City, State, and Federal laws and the requirements set forth on the plans for which the permit was issued. The Consultant shall coordinate with other City departments to include Planning, Engineering, Public Works, Police and Five Cities Fire as required. When infractions are observed, Consultant’s inspectors shall write citations and/or stop work in progress depending on the nature of the infraction, document actions, and testify in court if necessary.

Building plan review will include full on-site and remote building plan review services, including Green Building Standards, Accessibility, and Fire Plan Review. The Consultant shall coordinate with other City departments to include Planning, Engineering, Public Works, Police and Five Cities Fire as required. The Consultant must provide details and documentation of the plan review process. Building official support services requires resolution of building plan review issues and building inspections, and more generally, the provision of Building Official services on an hourly and as needed basis, including remote availability. Building official support services also requires attendance at weekly meetings as requested by the Community Development Director or their designee. Building inspections would be conducted on Monday, Wednesday and Friday during this time period.

Building official support services also involves making determinations and recommendations involving complicated building code compliance concerning building safety matters and performing other related duties as assigned by the Community Development Director or their designee.

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ATTACHMENT 1
BB&K (2020) Exhibit “A”-2 PROFESSIONAL SERVICES AGREEMENT

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ATTACHMENT 1
BB&K (2020) Exhibit “A-I-1” PROFESSIONAL SERVICES AGREEMENT

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ATTACHMENT 1
BB&K (2020) Exhibit “A-I-2” PROFESSIONAL SERVICES AGREEMENT

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ATTACHMENT 1
BB&K (2020) Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT

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ATTACHMENT 1
BB&K (2020) Exhibit “B”-2 PROFESSIONAL SERVICES AGREEMENT

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ATTACHMENT 1
BB&K (2020) Exhibit “B”-3 PROFESSIONAL SERVICES AGREEMENT

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ATTACHMENT 1
BB&K (2020) Exhibit “B”-4 PROFESSIONAL SERVICES AGREEMENT EXHIBIT "B"

SCHEDULE OF SERVICES

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BB&K (2020) Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT EXHIBIT "C"

COMPENSATION

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Item 10.a.

MEMORANDUM
TO: City Council
FROM: Nicole Valentine, Administrative Services Director BY: Pete Gonda, Consulting Senior Manager, Baker Tilly
Aleah Bergam, Management Analyst
SUBJECT: Consider Introduction of Ordinance Updating Chapter 3.08 of the City’s Municipal Code, Purchasing System, Designate Dollar Thresholds for Awarding Contracts, and Consider Updated Purchasing Policies and Procedures Manual
DATE: September 26, 2023
SUMMARY OF ACTION:

Conduct the first reading, by title only, introduce and hold a public hearing on the following Ordinance: “An Ordinance of the City Council of Arroyo Grande, Amending Arroyo Grande Municipal Code Chapter 3.08 of Title 3 to Update the City’s Purchasing System.” Adoption of this ordinance will be at a future City Council meeting. Adopt a resolution designating dollar thresholds for awarding contracts and review a draft of the updated Purchasing Policies and Procedures Manual.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is no financial impact associated with the recommended action.

All future purchases will need to follow the updated Ordinance and Purchasing Policies and Procedures Manual, as well as be within the Council approved appropriated funds.

RECOMMENDATION:
1) Introduce the Ordinance amending Arroyo Grande Municipal Code Chapter 3.08 of Title 3 to Update the City’s Purchasing System; 2) Adopt a Resolution designating dollar thresholds for awarding contracts; 3) Review a draft of the updated Purchasing Policies and Procedures Manual; and 4) Make findings that introducing a proposed Ordinance, adopting a Resolution designating dollar thresholds for awarding contracts, and reviewing the purchasing policies and procedures manual 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.)

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Item 10.a.

City Council
Consider Introduction of Ordinance Updating Chapter 3.08 of the City’s Municipal Code, Purchasing System, Designate Dollar Thresholds for Awarding Contracts, and Consider Updated Purchasing Policies and Procedures Manual September 26, 2023

Page 2 ends

BACKGROUND:

The City’s current purchasing Ordinance is contained in Chapter 3.08 of the Municipal Code as well as in a Purchasing Policies and Procedures Manual (Attachment 4). The last comprehensive policy update was in March 2000. A local government consulting firm, Baker Tilly, formerly Management Partners, was engaged in 2022 to review the City’s purchasing policies and procedures and provided the following major observations:
 The City’s procurement policies and procedures contained in the municipal code and the procedural manual are outdated and do not incorporate or reference changes in state and federal laws that have occurred over the last twenty-plus years.
 The City’s purchasing policies and procedures manual does not adequately reflect best practices.
 The City’s competitive bidding and contract award thresholds for the purchase of goods and services are exceedingly low when compared to best practices and surrounding jurisdictions as shown in Attachment 5.
 The outdated and low competitive bidding and contract award thresholds impact the efficiency and effectiveness of City operations.

Baker Tilly worked closely with the Administrative Services Department and the City Attorney to rewrite the purchasing ordinance and the policies and procedures manual to reflect best practices and changes in state and federal law that have occurred since the last update. Key ordinance revisions are summarized below. Given the comprehensive nature of the rewrite, a redlined version of the existing municipal code chapter has not been prepared.

The existing Ordinance can be found in its entirety here: Arroyo Grande Municipal Code Chapter 3.08 (Purchasing Procedure).

ANALYSIS OF ISSUES:

The draft rewrite of the purchasing ordinance includes the following key additions, clarifications, and updates:

New Section Additions Clarifications and Updates
 Incorporate pertinent definitions
 Establish purchasing compliance oversight
 Enumerate purchasing responsibilities of
department heads
 Include prohibition on bid splitting
 Add provisions regarding contract
amendments, making purchases with grant
 Specify contract award authority and
delegation thereof
 Clarify solicitation procedures for goods and
services
 Enumerate competitive bidding exceptions
 Articulate requirements associated with
emergency purchases

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Item 10.a.

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funding, disposing surplus property, and
public procurement ethics
 Incorporate best practice bid protest
procedures
 Provide administrative flexibility to city
manager to update purchasing procedures
 Cross reference new requirements
associated with green purchasing
 Provide greater flexibility for awarding
contracts to local businesses
 Update bidding procedures for public projects
In addition to the changes noted above, an essential update involves modifying the contract award authority thresholds for the City Council, city manager and department heads. For example, the City Council must approve goods and general services contracts that exceed $10,000 and professional services contracts greater than $25,000. These dollar thresholds are exceedingly low when compared to best practice and surrounding jurisdictions, have not kept up with inflationary increases in labor, services, and materials, and result in administrative inefficiencies, by adding weeks of processing time to many smaller project needs. Modifications are also proposed for competitive bidding thresholds.

List of Comparable Agencies and Purchasing Process and Approval Thresholds In developing the updated approval thresholds and informal and formal bidding thresholds, staff conducted research on agencies proximate to Arroyo Grande including Atascadero, Lompoc, Morro Bay, Paso Robles, Pismo Beach, Grover Beach, San Luis Obispo, and Santa Maria. It is important to note that every jurisdiction surveyed has bidding and contract award thresholds that are higher than Arroyo Grande’s current limits.

Attachment 5 includes the survey details. Additionally, Atascadero, Morro Bay, Paso Robles, Pismo Beach, and San Luis Obispo updated their purchasing ordinances in 2022; Lompoc and Santa Maria made updates in 2017 and 2018, respectively, and Grover Beach adopted an ordinance update on August 28, 2023.

For alignment with best practices and to facilitate administrative efficiency, staff recommends increasing the City’s competitive bidding and contract award thresholds for goods and services as follows:

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Item 10.a.

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Competitive Bid Thresholds
Contract Award Thresholds
In addition to the changes noted above, modifications are also proposed to the thresholds for public projects to maintain consistency with increases prescribed by the California Uniform Construction Cost Accounting Commission (for public projects the City follows the bidding procedures established by the California Uniform Public Construction Cost Account Act, or CUPCCAA). On April 13, 1999, City Council approved Resolution No. 3356 adopting bidding procedures for public projects under the CUPCCAA. Current CUPCCAA bidding thresholds are as follows:
 No bids required for projects up to $60,000
 Informal bids required for projects greater than $60,000 up to $200,000  Formal bids required for projects greater than $200,000 Currently, more than 1,500 cities, counties, school/special districts follow the CUPCCAA bidding procedures, including 250 of California’s 482 cities.

Procurement
Type
None
Required Informal Formal
None
Required Informal Formal
Goods, general
services
Up to
$1,500
$1,501 to
$10,000
Greater than
$10,000
Up to
$5,000
Up to
$50,000
Greater than
$50,000
Professional
Services
Up to
$1,500
$1,501 to
$25,000
Greater than
$25,000
Up to
$5,000
Up to
$50,000
Greater than
$50,000
Current Competitive Bid
Threshold Requirements
Proposed Competitive Bid
Threshold Requirements
Procurement
Type
Department
Head
City
Manager City Council
Department
Head
City
Manager City Council
Goods, general
services
Up to
$5,000
Up to
$10,000
Greater than
$10,000
Up to
$50,000
Up to
$100,000
Greater than
$100,000
Professional
Services
Up to
$5,000
Up to
$25,000
Greater than
$25,000
Up to
$50,000
Up to
$100,000
Greater than
$100,000
Current Contract Award
Thresholds
Proposed Contract Award
Thresholds

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Item 10.a.

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The municipal code revisions will be supplemented by the Purchasing Policies and Procedures Manual, which includes administrative details; it must be approved by the City Manager and must remain consistent with the Municipal Code. The updated Ordinance will establish Purchasing thresholds by resolution; the Purchasing Policies and Procedures Manual will remain a draft until Council approves these thresholds. Once approved the final document will be provided to staff for implementation.

Next steps:

Second reading and adoption of the Ordinance is scheduled for October 10, 2023.

ALTERNATIVES:

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

1. Introduce the Ordinance amending Arroyo Grande Municipal Code Chapter 3.08 of Title 3 to Update the City’s Purchasing System; Adopt the Resolution designating dollar thresholds for awarding contracts; and Review a draft of the updated Purchasing Policies and Procedures Manual;

2. Council may direct staff to make modifications to the recommended purchasing ordinance updates or may direct staff to make no update to the Municipal Code in this area; or

3. Provide other direction to staff.

ADVANTAGES:

The last comprehensive update to the purchasing Ordinance was more than twenty years ago. The proposed changes align the City’s policies and procedures with best procurement practices, incorporate necessary provisions due to changes in state and federal laws, clarify roles and responsibilities, and facilitate administrative efficiency.

DISADVANTAGES:

There are no disadvantages identified.

ENVIRONMENTAL REVIEW:

Introducing Proposed Ordinance, Adopt Resolution Designating Dollar Thresholds for Awarding Contracts, and Review Purchasing Policies and Procedures Manual 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. A public hearing notice was published in the Tribune newspaper on September 15, 2023.

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Item 10.a.

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Attachments:

1. Proposed Ordinance: “An Ordinance of the City Council of Arroyo Grande, Amending Arroyo Grande Municipal Code Chapter 3.08 of Title 3 to Update the City’s Purchasing System

2. Proposed Resolution Designating Dollar Thresholds for Awarding Contracts

3. Draft Updated Purchasing Policies and Procedures Manual

4. City of Arroyo Grande Purchasing Policies and Procedures Manual 2000

5. Local Agency Consolidated Survey

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ATTACHMENT 1
ORDINANCE NO.

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF ARROYO GRANDE, CALIFORNIA,
AMENDING CHAPTER 3.08 OF THE CITY OF ARROYO

GRANDE MUNICIPAL CODE RELATING TO

PURCHASING
WHEREAS, the City of Arroyo Grande (“City”) is a municipal corporation organized under the laws of the State of California; and
WHEREAS, the City is dedicated to operating efficiently, effectively and streamlining operations where possible; and
WHEREAS, the City’s current purchasing system is outlined in Chapter 3.08 of the City of Arroyo Grande Municipal Code; and
WHEREAS, the last comprehensive purchasing policy update was in March 2000; and WHEREAS, the City’s Administrative Services Division has conducted a review of the City’s purchasing system and has identified areas of improvement; and WHEREAS, as part of this purchasing system overhaul, the ordinance includes an increase in spending authority for the City Manager, allowing the City Manager to enter into agreements up to a value of $100,000; and
WHEREAS, this increased flexibility will allow the City to more quickly respond to needs and increase the level of services provided.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does ordain as follows:

SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Amendment of Chapter 3.08. Chapter 3.08 of Title 3 of the Arroyo Grande Municipal Code is hereby amended in its entirety to read as follows:

Chapter 3.08

PURCHASING SYSTEM
Sections:

3.08.010 Adoption of Purchasing System and Applicability

3.08.020 Purchasing Policy and Implementing Procedures

3.08.030 Definitions

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ORDINANCE NO.

PAGE 2

3.08.040 Purchasing Compliance Oversight

3.08.050 Purchasing Responsibilities of Department Heads

3.08.060 Contract Award Authority and Delegation of Contract Award Authority

3.08.070 Solicitation Procedures for Goods and Services

3.08.080 Solicitation Procedures for Public Projects

3.08.090 Purchasing of Paper Products; Procurement of Recovered Organic Waste Products

3.08.100 Encumbrance of Funds

3.08.110 Federal or State Funding

3.08.120 Disposition of Surplus Personal Property

3.08.130 Ethics

3.08.140 Protests

3.08.010 Adoption of purchasing system and applicability.

A. This chapter adopts a purchasing system to facilitate the purchase of goods and services at the lowest cost commensurate with the quality needed; to exercise positive financial control over purchases; to define the authority for the purchasing function; to assure that consultant selection is based on demonstrated competence, when required; and to safeguard the quality and integrity of the purchasing system.

B. This chapter is applicable to all city purchases as defined herein.

3.08.020 Purchasing policy and implementing procedures.

The purchasing systems established by this chapter incorporates a purchasing policy that governs the purchase of goods and services, including public projects. Such purchases shall be made in compliance with the provisions of this chapter. For operational efficiency and effectiveness, the city manager may adopt and subsequently revise administrative procedures to implement the provisions of this chapter unless approval by the City Council is required as a condition of the law or regulation. In the event of a conflict between the administrative procedures and the provisions of this chapter, the provisions of this chapter shall govern.

3.08.030 Definitions
For purposes of this chapter, the following definitions shall apply:
“Best value procurement” refers to a competitive solicitation process that evaluates responsive proposals submitted by responsible offerors based on qualitative factors in addition to pricing.
“Bids” refers to submittals received in response to a competitive solicitation that seeks to award a contract based on the lowest responsive bid submitted by a responsible offeror.

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ORDINANCE NO.

PAGE 3
“Competitive solicitation” is a written statement that sets forth the requirements and specifications of a required purchase that can include an invitation to bid, request for proposals, request for statement of qualifications, request for quotations, or other acceptable methods in compliance with this chapter and the implementing administrative procedures. Depending on the estimated dollar value, competitive solicitations may be informal or formal as further defined in sections 3.08.070 and

3.08.080 of this chapter.
“Contract” means an agreement, regardless of what it may be labeled, between the city and one or more other parties for the purchase or disposition of goods and/or services. “Goods” refers to needed commodity goods, equipment, materials, or supplies, including items to be purchased by the city and furnished to contractors for use in public projects.
“Lowest bid” refers to the lowest responsive bid submitted by a responsible bidder that conforms to the requirements and specifications of a competitive bid solicitation. “Maintenance and repair services (general services)” means routine, recurring, and usual services intended to preserve and/or restore a public work to a clean, safe, efficient and/or continually usable condition. Maintenance and repair services may include, but are not limited to: carpentry, electrical, painting, plumbing, glazing and other craftwork to preserve a facility in the condition for which it was intended; repairs, cleaning and other operations on machinery and other equipment permanently attached to a facility as fixtures; the mowing, pruning, and trimming of lawns, grass, trees, shrubs, bushes and hedges; and the regular removal or relocation of by-products or waste products accumulated at city facilities as the result of ongoing environmental processes.
“Professional services” means the services of attorneys, physicians, architects, engineers, consultants, financial experts, auditors, specialized printers, or other individuals or organizations possessing a high degree of professional, unique, specialized, or technical skill or expertise.
“Offeror” refers to an individual or entity that responds to a bid or proposal or other solicitation with an offer to provide the requested goods and/or services (may also be referred to as “bidders” or “proposers”).
“Proposals” refers to responsive submittals received in response to a best value procurement where a contract can be awarded based on factors in addition to price. “Public projects” means a public works construction project as defined in Public Contract Code Section 22002.
“Responsible bidder” is a bidder determined to have the ability, capacity, experience, performance track record, and skill to provide the goods and/or services in accordance with bid or proposal specifications.

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ORDINANCE NO.

PAGE 4
“Responsive bidder” means a bidder that has submitted a bid or proposal which conforms in all material respects to the requirements of the bid or proposal documents. “Surplus personal property” means goods owned by the city that are no longer needed or are obsolete or unserviceable, property that is a by-product (scrap metal, used tires, etc.), or any unclaimed, seized or abandoned personal property in the possession or custody of the police department that may be legally disposed of by the city.

3.08.040 Purchasing compliance oversight.

The city manager, or their designee, shall be responsible for overseeing and facilitating compliance with this chapter and the purchasing policy. This responsibility includes:

A. Staying informed of current developments in the field of purchasing; B. Prescribing and maintaining such forms as are reasonably necessary to the operation of this chapter and the purchasing policy;
C. Recommending updates to this chapter and making revisions to the purchasing administrative procedures, as needed;
D. Maintaining purchasing records and tracking citywide expenditures; E. Coordinating the purchase of goods that will be used by multiple city departments where feasible and practical; and
F. Disposing of surplus personal property as prescribed herein.

3.08.050 Purchasing responsibilities of department heads.

Each department head shall be responsible for ensuring that all purchases by or for their department are made in compliance with this chapter and the purchasing policy, including but not limited to compliance with the following requirements:

A. Preparing solicitation materials, as needed, for each purchase; B. Preparing good faith estimates of the cost of each purchase to determine the appropriate solicitation procedure;
C. Ensuring that the proper solicitation procedure is followed based on the estimated cost of the purchase (informal, formal, etc.); D. Ensuring that bids or proposals are submitted by responsible offerors (contractors, consultants, and/or vendors) whose submittals are responsive to the requirements set forth in a competitive solicitation; E. Evaluating submitted bids or proposals in accordance with established selection criteria and processes;

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F. Ensuring that the purchase contract is approved and executed by a person or body with sufficient approval authority based on the dollar amount of the purchase;
G. Ensuring that sufficient funds are appropriated to pay for the purchase; H. Ensuring that the selected offeror has provided insurance certificates and bonds meeting the requirements of the purchase contract, as applicable, before work under the contact begins, and ensuring that such insurance and bonds are renewed, as applicable, during the term of the agreement; I. Ensuring that the selected offeror has obtained a business license, as required by the municipal code, prior to beginning work and ensuring that such license is renewed, as applicable, during the term of the agreement; J. Inspecting supplies and equipment delivered to determine their conformance with the specifications set forth in the order;
K. Monitoring the performance of selected offerors under approved contracts to ensure compliance with contract requirements;
L. Recommending and preparing contract amendments and change orders as needed, and ensuring that such amendments and change orders are approved and executed by a person or body with sufficient approval authority based on the dollar amount of the amendment or change order, and that sufficient funds are appropriated to pay for the amendment or change order;
M. Ensuring that due diligence is performed before determining that a purchase should only be made from a single offeror, and ensuring that decisions to forego a competitive purchase process are properly documented and submitted for approval by the city manager or designee, or the city council, in accordance with this chapter;
N. Taking reasonable and necessary steps to avoid conflicts of interest in the purchasing process;
O. Keeping sufficient records of all departmental contracts and expenditures, and ensuring that such records are properly stored and filed in accordance with city recordkeeping procedures;
P. Submitting reports to the city manager or designee showing all departmental supplies and equipment that are no longer used or have become obsolete or worn out so that the city manager or designee can determine the appropriate steps to sell, exchange, or trade in such surplus supplies and equipment, if desired; and
Q. Transferring surplus or unused goods between departments as needed, or selling, exchanging, trading in, or donating surplus goods to interested private or

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public agencies or vendors as prescribed in this chapter, with appropriate findings pursuant to any applicable authority or limitation on the City.

3.08.060 Contract award authority and delegation of contract award authority.

A. The authority to award contracts that legally bind the city to a purchase shall be vested in the city council, unless such authority is delegated to the city manager as prescribed herein and in the associated administrative procedures.

B. Contract award authority delegated by the city council to the city manager may be further delegated by the city manager to department heads as necessary for operational efficiency and effectiveness. Delegation shall be in writing and kept on file with the city clerk. This provision shall not apply to delegation from the city council to the city manager as specified in C.3 in this section.

C. Dollar thresholds for awarding contracts shall be established by resolution of the city council, in accordance with the following level designations:

1. First Level Contracts. First level contracts may be awarded by the city manager, or department heads who have been delegated contract award authority in accordance with this section.

2. Second Level Contracts. Second level contracts may be awarded by the city manager. Nothing in this section shall preclude the city manager from requesting city council approval for second level contracts if deemed to be in the best interest of the city.

3. Third Level Contracts. Third level contracts shall be awarded by the city council, unless such authority is delegated to the city manager for a specific purpose.

D. All purchase contracts and amendments thereto required by this chapter shall be approved by the appropriate award authority.

E. Amendments to contracts. For the purposes of subsections B and C of this section, “amendments” means any amendment, modification, annual renewal not previously authorized, or change order that results in an increase to the total amount of money that may be spent under a single contract. Approval authority limits shall be based on the total contract amount, inclusive of amendments.

Modifications to the terms, conditions, or payment provisions, or material changes to specifications or scopes of services, of an existing contract, shall require a contract amendment. All contract amendments required by this chapter must be in writing and no verbal contract modifications shall be held binding on the city.

F. Purchases of similar goods and/or services from a single vendor, contractor, or consultant, which could reasonably be included in a single contract, shall not be

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split into multiple contracts in order to avoid approval by the city council or the city manager, as applicable.

3.08.070 Solicitation procedures for goods and services.

The following solicitation procedures shall govern the purchase of all purchases of goods and services needed for city operations, excluding public projects (see 3.08.080).

A. Solicitation Procedures. Prior to making any purchase, the person or department initiating the purchase shall make a reasonable and good faith estimate of the anticipated cost of the purchase and then proceed with the appropriate solicitation procedure below. If the proposals or bids received exceed the cost threshold for the solicitation procedure used, a new solicitation may be required if directed by the city manager.

Purchases shall not be split or separated into smaller orders for the purpose of circumventing the solicitation or contract award requirements specified in this chapter.

1. No solicitation required. Purchases of goods and services up to $5,000 do not require a competitive solicitation and may be made following the receipt of one price quote or proposal. However, as a matter of fiscal prudence, nothing shall preclude the person initiating the purchase from conducting price comparisons to ensure that the best overall value is obtained.

2. Informal solicitation required. Purchases of goods and services with an estimated cost between $5,001 and $50,000 shall be made following the solicitation of at least three written price quotes or proposals, which may be solicited using any means reasonably calculated to obtain a combination of the lowest price and highest quality of goods or services available, in the reasonable discretion of the reviewing authority. a. The person or department initiating the purchase shall keep a record of all such solicitations and the price quotes or proposals submitted in response thereto.
b. If the person or department initiating the purchase is unable to obtain three price quotes or proposals from responsive and responsible bidders or proposers after making diligent efforts to do so, the purchase may be made without obtaining three price quotes or proposals, provided that the efforts made to obtain three quotes or proposals shall be documented in the contract file for the purchase and shall be presented to the city manager or designee as part of the request for contract award and execution.

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c. Nothing in this subsection 2 shall preclude the city manager or a department head from requiring a more formal means of
solicitation, such as that required by subsection 3 below.

3. Formal solicitation required. Purchases of goods and services with an estimated cost greater than $50,000 shall be made following the posting of an invitation to submit in writing a sealed bid or proposal. a. Such written solicitations and offers or responses thereto shall be established in the purchasing administrative procedures, or as set forth within the published solicitation. Each solicitation shall describe the purchase and establish product specifications and/or required services and all other requirements, including the quantity and quality thereof, any desired warranty, insurance, or bonds, the time, place and manner of delivery of the purchases, the desired terms of payment, and the form, method, and timing of the response to the solicitation.
b. Such written solicitations shall be posted in at least one publicly accessible location likely to reach the intended service provider, supplier, or vendor. The first publication or posting of the solicitation shall be at least ten days before the due date for responses to the solicitation. The posting location may include the city's website, an electronic bulletin board, a newspaper of general circulation in the city, or a trade journal, magazine, or other publication, whether in print or electronic.
c. Bids or proposals may also be directly solicited from individuals and businesses if such individuals or businesses are known to be capable of providing the item or service that is being solicited.

However, such direct solicitations shall be in addition to solicitations made under subsection (A)(3)(b).

B. Bid or proposal evaluation.

1. The city may reject any or all bids or proposals in response to a city solicitation in its sole discretion.

2. If no bids or proposals are received, the city may make the purchase by any lawful reasonable and available means, notwithstanding the other requirements of this chapter.

3. If two or more bids or proposals received are for the same total amount or unit price, quality and service being equal, the contract may be awarded to either bidder or proposer.

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4. Contracts for goods shall be awarded to the lowest responsive and responsible vendor, where the goods offered are identical or nearly identical. However, where the goods offered are not identical, the city may consider the fitness and quality of the goods offered, in addition to price, and may award the contract to the vendor that offers the best combination of price and fitness and quality of goods.

5. Contracts for general services may be awarded to the lowest responsive and responsible bidder if determined by the City Manager or designee to be in the best interest of the City; otherwise, such contracts shall be awarded in the manner specified in section 3.08.070.B.6 below.

6. Contracts for professional services shall be awarded on the basis of demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services, offered at a fair and reasonable price, as determined by a consideration of the following criteria:
a. Whether the price is fair, reasonable, and competitive; b. The quality of the services offered;
c. The demonstrated competence, ability, capacity, and skill of the person or business to provide the services promptly, within the time specified, within budget, and without delay or interference; d. The credentials and licenses of the person or business, if required; e. The character, integrity, reputation, judgment, training, experience, and efficiency of the bidder or proposer;
f. The person's or business's knowledge of local conditions; g. The person's or business's previous history of working on related projects or issues for the city, where such previous experience will allow the services to be performed more efficiently and will require less time spent on preparation and background research; h. The sufficiency of the bidder's or proposer's financial capacity and other resources; and
i. The ability of the bidder or proposer to provide such future service as may be needed.

7. Local preference. Where two or more bidders or proposers are reasonably comparable based on a consideration of the criteria in subsection (B)(5), a preference may be given to a bidder or proposer that has a primary place of business located within the city. The city council

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finds that this preference serves the public purposes of supporting local economic stability and of encouraging businesses to locate and remain in the city of Arroyo Grande.

C. Exceptions. The solicitation procedures in this section shall not apply to purchases that satisfy one or more of the following criteria:

1. No price advantage would be gained from a competitive solicitation process, including but not limited to circumstances when goods or services are unique and are only available from one source, also known as a "sole source" contract. However, if the person or department initiating the purchase proposes to forego a competitive solicitation process based on this subsection (C)(1), a justification for the recommendation shall be presented in writing to the city manager or designee, whose approval is required to move forward with a recommendation for contract award to the appropriate award authority.

2. When the purchase is based on a master agreement, cooperative agreement, multiple award schedule, or other types of agreements entered into by the state of California or the federal government.

Examples include, but are not limited to, California Multiple Award Schedules (CMAS) and Federal General Services Administration (GSA) contracts.

3. When the vendor or service-provider was awarded a contract by another public agency; said agency used solicitation procedures substantially similar to those that the city would have been required to use,the vendor or service-provider offers the same price(s) to the city that it offered to the other agency; and the initial awarding public agency agrees to the purchase.
a. This subsection 3 may include the use of for profit regional or national purchasing cooperatives, provided that the city is a registered member of the cooperative and a membership fee is not required.

4. Where an emergency situation exists, as determined by the city manager consistent with the process laid out by City’s Municipal Code, or where a disaster has been declared by the city council, state or federal government, such that the life, health or safety of employees or the general public is at risk, or when significant harm may occur to city property or operating systems and goods and/or services must be procured immediately to prevent loss or substantial disruption of city services or functions; provided that competitive bidding is not required by a state or federal reimbursing agency and is otherwise consistent with State law.

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5. When the contract award authority determines that bidding would be impractical, inefficient, or otherwise not in the best interest of the city, provided that contract file contains sufficient documentation to justify bid impracticality.

6. When the purchase is for, or made in conjunction with, the following:
a. Insurance and bonds;
b. Public library collection materials or services for the provision of public library collection materials or other books or periodicals; c. Procurements funded by grants, donations or gifts when the special conditions attached to the grants, donations or gifts require the procurement of particular goods and/or services;
d. Goods and/or services obtained from or through agreement with any governmental, public or quasi-public entity;
e. Works of art, entertainment or performance;
f. Surplus personal property owned by another governmental, public or quasi-public entity;
g. Membership dues, conventions, training, and travel arrangements; h. Advertisements in magazines, newspapers, or other media; i. Goods procured for resale to the public.

The person responsible for conducting a procurement pursuant to this section shall conduct negotiations, as appropriate, as to price, delivery and terms and may require the submission of cost or pricing data in connection with the award of a contract which does not require a competitive solicitation.

Notwithstanding the exception provisions listed above, nothing in this section shall preclude the solicitation of competitive bids or proposals, when in the best interest of the city or when required by law.

3.08.080 Solicitation procedures for public projects.

The following solicitation procedures shall govern the bidding and awarding of contracts associated with public projects.

A. Uniform Public Construction Cost Accounting Act. The city has adopted the Uniform Public Construction Cost Accounting Act (Public Contract Code Section 22000 et seq., as may be amended) (the "Act") and all expenditures for public projects by the city shall be made in accordance with the Act.

B. Solicitation Procedures. Prior to making any purchase, the person or department initiating the purchase shall make a reasonable and good faith estimate of the

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anticipated cost of the purchase and then proceed with the appropriate solicitation procedure below. Purchases shall not be split or separated into smaller orders for the purpose of circumventing the procedures hereunder.

1. No Competitive Bidding Required. Public projects with an estimated cost of up to the maximum dollar amount stated in Public Contract Code Section 22032(a), including any amendment thereto, may be performed by city employees by force account or else may be awarded by negotiated contract or by purchase order without competitive bidding.

2. Informal Bidding Required. Public projects with an estimated cost of up to the maximum dollar amount stated in Public Contract Code Section 22032(b), including any amendment thereto, shall require either the informal bidding procedures set forth in Section 3.08.080(C) or the formal bidding procedures set forth in Section 3.08.080(D).

3. Formal Bidding Required. Public projects with an estimated cost of greater than the maximum dollar amount stated in Public Contract Code Section 22032(c), including any amendment thereto, shall require the formal bidding procedures set forth in Section 3.08.080(D).

C. Informal Bidding Procedures. The following procedures shall apply to informal bids: A notice inviting bids shall be prepared, which describes the project in general terms, explains how to obtain more detailed information about the project, and states the time and place for the submission of bids. The notice shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 3.08.080(E), and to all construction trade journals as specified by the California Uniform Public Construction Cost Accounting Commission ("Commission"), in accordance with Public Contract Code Section 22036, including any amendment thereto.

Notices sent to contractors on the contractors list shall be sent not less than ten calendar days before bids are due and may be sent by mail, fax, or email.

Additional contractors and/or construction trade journals may be notified at the discretion of the department soliciting bids, provided, however:

1. If there is no list of qualified contractors maintained by the city for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission.

2. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

D. Formal Bidding Procedures. The following procedures shall apply to formal bids:

A notice inviting bids shall be prepared, which describes the project in general

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terms, explains how to obtain more detailed information about the project, and states the time and place for the submission of bids. The notice shall be published at least fourteen calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the city; or, if there is no newspaper printed and published in the city, in a newspaper of general circulation which is circulated within the city; or, if there is no newspaper which is circulated within the city, publication shall be by posting the notice in at least three places within the city as have been designated by ordinance or regulation of the city as places for the posting of its notices.

The notice inviting formal bids shall also be sent electronically, if available, by either fax or email and mailed to all construction trade journals specified by the Commission pursuant to Public Contract Code Section 22036. The notice shall be sent at least fifteen calendar days before the date of opening the bids. In addition to notice required by this section, the city may give such other notice as it deems proper.

E. Contractors List. The public works director or designee shall develop and maintain a list of contractors in accordance with the provisions of Public Contract Code Section 22034 and criteria promulgated from time to time by the Commission.

F. Preparation and Adoption of Plans. In accordance with Public Contract Code Section 22039, the city council, hereby delegates authority to the public works director or his or her designee, to prepare and adopt plans, specifications, and working details for all public projects with an estimated cost greater than the maximum dollar amount stated in Public Contract Code Section 22032(c), including any amendment thereto.

G. Award of Contract.

1. If a contract is awarded, it shall be awarded to the lowest responsive and responsible bidder. If two or more bids are the same and the lowest, the contract may be awarded to either bidder.

2. If the project was bid using informal bidding procedures, and all bids received exceed the maximum dollar amount stated in Public Contract Code Section 22032(c), including any amendment thereto, the city council may, by a four-fifths vote, adopt a resolution awarding the contract to the lowest responsive and responsible bidder if the amount of the contract does not exceed the dollar threshold stated in Public Contract Code Section 22034(d), including any amendment thereto, and it determines the city's cost estimate for the project, upon which the decision to use informal bidding procedures was based, was reasonable. Otherwise, the project shall be re-bid following the formal bidding procedures.

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3. In its discretion, the city may reject any or all bids, and may do any of the following:
a. Abandon the project.
b. Re-advertise the bid in the manner described in this chapter. c. By a four-fifths vote, the city council may declare by resolution that the project can be performed more economically by city employees and may have the project done by force account without further complying with this chapter. Prior to rejecting all bids and declaring that the project can be more economically performed by city employees, the city shall furnish a written notice to an apparent low bidder, informing the bidder of the city's intention to reject the bid.

Such written notice shall be mailed at least two business days prior to the hearing at which the city intends to reject the bid.

4. If no bids are received through the formal or informal procedure, the project may be performed by city employees by force account or by a negotiated contract without further complying with this chapter.

H. Emergencies.

1. In cases of emergency when repair or replacements are necessary, the city council may, by a four-fifths vote, proceed at once to replace or repair any public facility, take any action required by that emergency, including procure equipment, services, and supplies without giving notice for bids to award contracts pursuant to Public Contract Code section 22050(a)(1).

2. Before taking any action the city council shall make a finding that the emergency will not permit delay resulting from a competitive bid process, and the action is necessary to respond to the emergency. Such findings shall be based upon substantial evidence set forth in the minutes of its meeting pursuant to Public Contract Code section 22050(2).

3. If the city council has ordered any emergency action, it shall review the emergency action at its next regularly scheduled meeting. Until the action is terminated the city council shall determine the need to continue such action by a four-fifths vote at each meeting pursuant to Public Contract Code section 22050(c)(1).

4. In case of an emergency, if notice for bids to award contracts will not be given, the city shall comply with all requirements of Public Contract Code section 22050.

I. Exemptions. The bidding procedures for public projects required by this chapter shall not apply when an exemption is provided by state or federal law.

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3.08.090 Purchase of paper products; procurement of recovered organic waste products.

Pursuant to relevant state law and Chapter 8.33 of the Arroyo Grande Municipal Code (Mandatory Organic Waste Disposal Reduction), the city has adopted a Recovered Organic Waste Product Procurement Policy. This policy requires all city departments and divisions to incorporate environmental considerations including recycled-content and recovered organic waste product use into purchasing practices and procedures. All vendors providing paper products, printing and writing paper, and organic waste products must comply with relevant state law and city requirements.

3.08.100 Encumbrance of funds.

Except in cases of emergency or in cases where specific authority has been first obtained from the city manager, no purchase shall be made unless there exists a lawful funding source and an unencumbered appropriation in the department, or in the fund against which a purchase is to be charged.

3.08.110 Federal or state funding.

When a purchase of goods and/or services involves the expenditure of federal or state funds, the procurement shall be conducted in accordance with mandatory applicable federal or state regulations, and the chosen bidder or proposal shall be responsible for compliance with all regulations and conditions. Such laws or regulations may be incorporated in the purchasing administrative procedures, and periodically updated, as required.

3.08.120 Disposition of surplus personal property.

A. Approval Authority and Disposition. The approval authority to dispose of surplus personal property having salvage value shall be consistent with the first, second and third level designations in Section 3.08.060 used to determine the appropriate contract award authority. Such surplus property shall be disposed by public auction, by competitive sealed bids, or by exchange or trade-in for new goods. The sale or lease of surplus personal property to a governmental, public, or quasi-public agency may be without advertisement for or receipt of bids.

B. Property with No Salvage Value. Surplus personal property with no salvage value, as determined by the city manager or designee, shall be disposed of in a manner that salvages recyclable components, if practical.

C. Unclaimed, Seized or Abandoned Property. The city manager or designee is authorized to sell or dispose of all goods in the possession of the police department which are unclaimed, seized and/or abandoned and may be legally disposed of by the city.

D. Records. Each department shall keep records which indicate surplus personal property disposed of, the method of disposal, and the amounts recovered from its disposal. Such records shall be available for public inspection and kept for a

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period of time in compliance with state law and the city’s records retention schedule.

E. Donations. Upon advance written approval of the city manager and appropriate indemnification from liability as determined by the city attorney, surplus personal property may be donated in “as-is” condition to governmental, public or quasipublic agencies, charitable or non-profit organizations. Any such donation must be in further of a legitimate public purpose with appropriate findings pursuant to any applicable authority or limitation on the City.

F. Proceeds of Sale. Proceeds from the sale of surplus personal property shall be deposited into the appropriate city fund.

3.08.130 Ethics.

A. Statement of policy. City employees and officials shall discharge their duties impartially so as to assure fair competitive access to city procurement opportunities by responsible contractors. Moreover, they shall conduct themselves in such a manner as to foster public confidence in the integrity of city procurement activities.

B. Conflict of interest. No city employee or city official shall participate directly or indirectly in a city procurement when the employee knows that:

1. The employee or official or any member of their immediate family has a financial interest pertaining to the procurement; or

2. The employee or official or any member of their immediate family is negotiating or has an employment arrangement which is contingent upon or will be affected by the procurement.

3. Withdrawal from Participation. Upon discovery of an actual or potential conflict of interest, an employee/official shall promptly withdraw from further participation in the procurement.

4. Gratuities. No person shall offer, give or agree to give any city employee or city official any gratuity or offer of employment in connection with a procurement by the city. No city employee or city official shall solicit, demand, accept or agree to accept from any other person a gratuity or an offer of employment in connection with a procurement by the city.

C. In any instance in which a city employee or city official believes they meet the criteria under Section 3.08.130(B) above, they shall promptly inform the City Manager and City Attorney.

3.08.140 Protests.

A. Effect of Failure to Protest. The procedures set forth in this section are mandatory and are the sole and exclusive remedy of a bidder, proposer or other

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vendor to dispute the award of a contract that the city solicits through a competitive process. A protest that does not comply with these procedures may be summarily rejected and the person submitting the protest shall be deemed to have waived all rights to relief.

B. Protests of Solicitation Method. By submitting a bid, proposal or other application for a contract award, the bidder, proposer or other vendor shall be deemed to have waived all rights to challenge the city’s method for procuring the contract or any discrepancy in the solicitation process or documents. Bidders, proposers, or vendors may submit bids, proposals or other applications under protest. Protests under this section shall be submitted in writing to the official designated to receive the bid, proposal or other application and shall contain a full summary of the factual and legal basis for the protest.

C. Protests of Award. A bidder, proposer or other vendor applying for a city contract through a competitive process may submit a written protest of the award of the contract. The protest shall identify and explain the factual and legal grounds for the protest. Any grounds not raised in the written protest are deemed waived by the protesting bidder.

D. Waiver. Any person that: (1) did not directly submit a bid or proposal; (2) is not responsible or qualified to receive the contract; (3) failed to submit a responsive bid or proposal; (4) is not in line to receive the contract or is otherwise ineligible to receive the contract; (5) is otherwise not beneficially interested in the award; or (6) fails to submit a timely protest shall be deemed to have waived the right to protest the award of the contract. Any protest deemed waived will be subject to summary rejection without further consideration and the person will have no right to any relief.

E. Timing of Protest of Award. Protests shall be submitted in writing to the official designated to receive the bid, proposal or other application within the following times:

1. If of another bidder, within five calendar days after the bid opening date.

2. If in response to a notice of intent to award a bid, proposal or other application, then within five calendar days following the issuance of the recommendation and prior to the date of the award.

3. If in response to a notice of intent to reject a bid, proposal or other application, then within five calendar days following the issuance of the notice of intent.

F. City Response. If the protest is timely and complies with the above requirements, the city shall review the protest, any response from the challenged bidder, proposer or other vendor, and all other relevant information. The City will provide a written decision to the protestor in a reasonable amount of time. If the protest is

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in response to a recommendation of award to the City Council, then the protest will be considered concurrently with the award of the contract, and the approval authority’s action is final.

G. Conflicts. The protest procedures contained in this section shall not apply if a particular solicitation contains a different protest procedure. This section does not limit or eliminate a claimant’s obligations under the Government Claims Act, Government Code Section 900 et seq.

SECTION 3. CEQA. The City Council determines that the Ordinance is categorically exempt from further review per State CEQA Guidelines (14 Cal. Code Regs., § 15000 et seq.). The whole of the Ordinance is exempt, because the code amendment is an administrative activity which will not result in a direct or reasonably foreseeable indirect physical change to the environment. (§ 15060(c)(2).) The whole of the Ordinance is also exempt because the code amendment is not a “project” as defined by section 15378, since it has no potential for resulting in a direct or indirect physical change to the environment. (§ 15060(c)(3).) The City Council hereby directs City staff to file a Notice of Exemption within five days of the adoption of this Ordinance.

SECTION 4. If required, within fifteen (15) days after passage of this Ordinance, it shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City.

SECTION 4. This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage.

SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

On motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

The foregoing Ordinance was passed and adopted this ___ day of _______, 2023.

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___________________________________

CAREN RAY RUSSOM, MAYOR
ATTEST:
___________________________________

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
______________________________________

BILL ROBESON, INTERIM CITY MANAGER
APPROVED AS TO FORM:
___________________________________

ISAAC ROSEN, CITY ATTORNEY

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ATTACHMENT 2
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ARROYO GRANDE AUTHORIZING LEVELS OF

PURCHASING AUTHORITY
WHEREAS, the City of Arroyo Grande, County of San Luis Obispo, State of California (“City”) is duly authorized and existing under the laws of said State; and WHEREAS, the City of Arroyo Grande purchases goods and services for the operation of City functions; and
WHEREAS, it is prudent to establish levels of authority for such purchases of goods and services.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande, that:

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

2. The levels of Purchasing Authority attached to this Resolution and marked as Exhibit A, and hereby incorporates such Exhibit into this Resolution. The Levels of Purchasing Authority shall become effective concurrently with the adoption of the Ordinance amending Chapter 3.08 of the Arroyo Grande Municipal Code relating to Purchasing, scheduled for October 10, 2023, or as soon as practical thereafter.

3. The City Council finds that establishing levels of Purchasing Authority attached to this Resolution and marked as Exhibit A is not a “project” as defined by section 15378 under the California Environmental Quality Act, since the action has no potential for resulting in a direct or indirect physical change to the environment. (§ 15060(c)(3).)
On motion of Council Member___________, seconded by Council Member ________, and by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
the foregoing Resolution was passed and adopted this 26 th day of September, 2023.

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CAREN RAY RUSSOM, MAYOR
ATTEST:

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:

BILL ROBESON, INTERIM CITY MANAGER
APPROVED AS TO FORM:

ISAAC ROSEN, CITY ATTORNEY

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EXHIBIT A

1. First level contracts. First level contracts for goods and services and public projects may be awarded by the City Manager or Department Heads who have been delegated contract award authority.
a) The dollar threshold for first level contracts for goods and services purchases is $50,000.
b) The dollar threshold for first level contracts for public projects is $60,000 per current California Uniform Public Construction Cost Account Act (CUPCCAA).

2. Second level contracts. Second level contracts may be awarded by the City Manager. Nothing precludes the City Manager from requesting City Council approval for second level contracts if deemed to be in the best interest of the City.
a) The dollar threshold for second level contracts for goods and services purchases is $100,000.
b) The dollar threshold for second level contracts for public projects purchases is $200,000 per current CUPCCAA.

3. Third level contracts. Third level contracts are those exceeding $100,000 for goods and services and those exceeding $200,000 per current CUPCCAA for public projects. Third level contracts must be awarded by the City Council, unless authority is delegated to the city manager for a specific purpose. For example, for efficiency purposes, the city manager may wish to request authorization to award a third level contract prior to bidding a particular project.

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September 2023
Purchasing Policies and Procedures Manual
ATTACHMENT 3

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Purchasing Policies and Procedures Manual
Table of Contents
i
Table of Contents
Chapter 1 – Introduction..........................................................................................................................1

1.1 Purchasing Policy Overview.................................................................................................1

1.2 Legal Requirements................................................................................................................1

1.3 Expectations of Fair and Open Procurement......................................................................1

1.4 Contract Award Authority....................................................................................................1 Chapter 2 – Ethics in Public Purchasing...............................................................................................2

2.1 Ethics in Public Purchasing Overview ................................................................................2

2.2 Code of Conduct and Conflict of Interest ...........................................................................2

2.3 Gifts and Gratuities ................................................................................................................3

2.4 Conduct with Vendors...........................................................................................................3 Chapter 3 – Purchasing Approval Authorities and Responsibilities ..............................................4

3.1 Purchasing System Overview...............................................................................................4

3.2 Categories of Purchases .........................................................................................................4

3.3 Purchasing Compliance Oversight ......................................................................................5

3.4 Purchasing Responsibilities of Department Heads ...........................................................5

3.5 Authority to Award Contracts..............................................................................................7

3.6 Dollar Thresholds for Awarding Contracts ........................................................................7

3.7 Amending Awarded Contracts ............................................................................................8

3.8 Award Authority Determined by Single Transaction.......................................................8

3.9 Annual Appropriation Required..........................................................................................9

3.9.1 Multi-year Contracts.....................................................................................................9

3.10 Prohibition on Splitting .......................................................................................................10

3.11 Important Considerations for Establishing Contracts.....................................................10

3.12 City Contract Types and Templates...................................................................................11 Chapter 4 – Competitive Solicitation Procedures .............................................................................13

4.1 Competitive Solicitation Procedures Overview...............................................................13

4.1.1 Competitive Solicitation Terminology .........................................................................13

4.2 Competitive Solicitation Principles....................................................................................14

4.3 Determining the Appropriate Solicitation Procedure .....................................................14

4.4 Solicitation Procedures for Goods and Services...............................................................15

4.5 Bid or Proposal Evaluation .................................................................................................17

4.5.1 No Bids or Proposals Received.....................................................................................20

4.5.2 Bid or Proposal Rejection.............................................................................................20

4.6 Exceptions to Competitive Solicitations ............................................................................20

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4.7 Solicitation Procedures and Dollar Thresholds for Public Projects...............................23

4.7.1 Important Considerations for Bidding Construction and Maintenance Work............27 Chapter 5 – Special Procurement Programs and Considerations...................................................28

5.1 Overview ...............................................................................................................................28

5.2 City-issued Credit Cards .....................................................................................................28

5.3 Environmentally Preferable Purchases .............................................................................28

5.4 Grant-funded Purchases......................................................................................................28

5.5 Prevailing Wage and Contractor Registration Requirements ........................................29

5.6 Other Contractor Requirements .........................................................................................30

5.7 Specification Development and Product Standardization..............................................30

5.7.1 Specification Development...........................................................................................30

5.7.2 Product Standardization..............................................................................................31

5.8 Surplus Personal Property Disposal ..................................................................................32 Chapter 6 – Procurement Risk Management .....................................................................................33

6.1 Overview ...............................................................................................................................33

6.2 Insurance Requirements ......................................................................................................33

6.2.1 Evidence of Insurance Coverage ..................................................................................33

6.4 Insurance Not Required.......................................................................................................34

6.5 Limiting City Liability .........................................................................................................34 Glossary of Purchasing Terms and Terminology .............................................................................35 Attachments..............................................................................................................................................39 Attachment A: Delegation of Contract Award Authority........................................................39 Attachment B: Competitive Bid/Proposal Exemption Request Form.....................................40

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Tables
Table 1. Categories of City Purchases...............................................................................................4 Table 2. Determination of Contract Award Authority ..................................................................9 Table 3. Solicitation Procedures for Goods, Services and Public Projects ..............................14 Figures
Figure 1. Dollar Thresholds for Awarding First, Second and Third Level Contracts...............8

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Purchasing Policies and Procedures Manual
Chapter 1 – Introduction
1 Chapter 1 – Introduction

1.1 Purchasing Policy Overview
The purpose of this document is to provide information and reference detail for procuring goods and services consistent with the Municipal Code, adopted policies and procedures and best practices. This document is intended to enable employees to be fully aware of and comply with City purchasing policies, and to effectively administer the procurement function.

1.2 Legal Requirements
Chapter 3.08 of the Municipal Code (purchasing ordinance) establishes authorities and responsibilities associated with purchasing goods and services with public funds. Additionally, the City has adopted public works contracting procedures consistent with the California Uniform Public Construction Cost Accounting Act (CUPCCAA) codified in Section 22000 et. seq. of the Public Contract Code (with procurement requirements commencing with Section 22030).

When the purchase of goods and services involves the expenditure of federal or state funds, the procurement must be conducted in accordance with mandatory applicable federal or state regulations (see Section 5.4, Grant-funded Purchases).

1.3 Expectations of Fair and Open Procurement
Procuring goods and services using public funds requires staff to:
 Secure goods and services at the lowest cost commensurate with the quality needed.  Fulfill the requirements of the Municipal Code and other governmental laws in the procurement of goods and services.
 Endeavor to obtain the most open competition possible for all purchases.  Encourage competitive pricing from responsive and responsible business providers that are qualified, capable and willing to meet the City’s requirements.  Safeguard the City’s reputation for fairness, integrity, and ethical practices.

1.4 Contract Award Authority
It is essential for employees to understand that the ability to legally bind the City to a purchase (contract award authority) is only vested in the City Council, who may delegate that authority to the City Manager, who may in turn delegate award authority to Department Heads (see Sections 3.5, Authority to Award Contracts, and 3.6, Dollar Thresholds for Awarding Contracts).

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Purchasing Policies and Procedures Manual
Chapter 2 – Ethics in Public Purchasing
2 Chapter 2 – Ethics in Public Purchasing

2.1 Ethics in Public Purchasing Overview
This section of the purchasing policies and procedures manual establishes the ethical standards that City employees and City officials must abide by when making purchases with public funds.

Specifically, all City employees and City officials are responsible for:
 Impartially assuring fair competitive access to City procurement opportunities by responsible suppliers and contractors,
 Conducting themselves in a manner that avoids any impropriety, or appearance of impropriety, and
 Fostering the highest level of public confidence in the integrity of the City’s purchasing system.

City employees and City officials must abide by the standards of conduct established in this section.

Violations can result in disciplinary actions in accordance with City personnel policies and/or penalties prescribed in state law.

2.2 Code of Conduct and Conflict of Interest
No City employee or City official can participate directly or indirectly in a City procurement when the employee/official knows that:

1. The employee or official or any member of their immediate family has a financial interest pertaining to the procurement, or

2. The employee or official of any member of their immediate family is negotiating or has an employment arrangement which is contingent upon or will be affected by the procurement.

3. The employee or official has a conflict of interest under State law, Fair Political Practices Commission Regulations or any local or otherwise applicable authority.

Withdrawal from participation. Upon the discovery of an actual or potential conflict of interest, a City employee or City shall, at the least, promptly withdraw from further participation in the procurement, and otherwise take any steps required by the City consistent with applicable authority.

In any instance where a City employee or City official believes they meet the criteria for a conflict of interest as established by this section or applicable law, they must promptly inform the City Manager and City Attorney.

Note: Consultants with whom the City contracts with are considered public officials under Government Code section 1090 and are subject to the requirements therein and as discussed in

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Chapter 2 – Ethics in Public Purchasing
3 this Section 2.2. The City Attorney’s Office is a resource for employees to consult on potential conflict of interest issues with respect to the City’s third-party consultants and contractors.

2.3 Gifts and Gratuities
Employees cannot solicit, demand, accept or agree to accept from any other person a gratuity or an offer of employment in connection with a procurement by the City.

Similarly, employees or agents of a vendor doing business with the City, or hoping to do business with the City, cannot offer, give or agree to give any City employee any gratuity or offer of employment in connection with a procurement by the City.

2.4 Conduct with Vendors
Conduct with vendors who provide goods or services to the City shall be fair, open and transparent.

City employees shall:
 Refrain from showing favoritism to vendors or being unduly influenced.  Select vendors on the basis of meeting appropriate and fair criteria and in accordance with the requirements of City purchasing policies and procedures.

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Purchasing Policies and Procedures Manual
Chapter 3 – Purchasing Approval Authorities and Responsibilities 4 Chapter 3 – Purchasing Approval Authorities and Responsibilities

3.1 Purchasing System Overview
The City has adopted a decentralized purchasing (or procurement) system whereby departments are responsible for procuring goods and services in accordance with established policies and procedures, subject to approval by the appropriate award authority.

In a decentralized purchasing system, it is very important that all employees understand and abide by the City’s procurement rules and ensure their fair and consistent application. However, nothing precludes staff from seeking procurement assistance from the Administrative Services Director or designee, especially to clarify policies, processes and procedures.

In accordance with Section 3.08.060 Subsection A of the Municipal Code, the City Manager is the City’s designated purchasing authority and may delegate certain authorities and functions to Department Heads and other employees. As prescribed in Section 3.08.060 Subsection B of the Municipal Code, the Administrative Services Director has been assigned responsibility for all purchasing functions.

3.2 Categories of Purchases
City purchase categories generally consist of categories shown below, for which different procurement methods may apply (see Chapter 4 – Competitive Solicitation Procedures).

Table 1. Categories of City Purchases
Purchase Category Description
Goods Materials, equipment and supplies needed by any department, including items purchased by the City and furnished to contractors for use in public projects.

General Services Services provided by independent contractors such as custodial, building/equipment/landscape maintenance, equipment rental, excluding contracts for public infrastructure projects.

Infrastructure maintenance/repair work that does not require detailed engineered design specifications is typically considered a general service.

Professional Services Services performed by a person or firm engaged in a profession based on highly specialized and/or technical knowledge or skill such as accountants, attorneys, architects, engineers, and physicians. Professional services are most closely associated with consultants who produce reports, studies, and plans/specifications.

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Chapter 3 – Purchasing Approval Authorities and Responsibilities 5 Purchase Category Description
Public Projects Public projects (aka public infrastructure, public works projects or capital projects) pertain to the construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind, including demolitions, the construction and installation of drainage systems, lighting and signaling systems, sewer and water systems, and park and recreational facilities.

Maintenance required to preserve a public improvement is not considered a public project.

Public projects must be competitively bid in accordance with the California Uniform Public Construction Cost Accounting Act (CUPCCAA) as specified in Section 22000 of the Public Contract Code, unless another authority applies.

Note: Both categories of services may involve specialized/technical skills, licenses, certifications, etc. However, general services typically involve operational services and involve trade skills, while professional services are associated with consultants who produce reports, studies and plans/specifications.

3.3 Purchasing Compliance Oversight
The City Manager is ultimately responsible for overseeing and facilitating compliance with the purchasing ordinance and this policy. However, for operational efficiency and effectiveness, the City Manager has designated the Administrative Services Director with purchasing compliance oversight. This responsibility includes:
 Staying informed of current developments in the field of public purchasing.  Prescribing and maintaining such forms as are reasonably necessary to the operation of the purchasing policy.
 Recommending updates to the purchasing ordinance and the purchasing policies and procedures manual.
 Maintaining purchasing records and tracking citywide expenditures.  Coordinating the purchase of goods that will be used by multiple City departments where feasible and practical.
 Disposing of surplus personal property as prescribed herein.

3.4 Purchasing Responsibilities of Department Heads
Department Heads are responsible for ensuring that all purchases by or for their department are made in compliance with the purchasing ordinance and this policy, including the following:
 Preparing solicitation materials, as needed, for each purchase.  Preparing good faith estimates of the cost of each purchase to determine the appropriate solicitation procedure.
 Ensuring that the proper solicitation procedure is followed based on the estimated cost of the purchase (informal, formal, etc.).

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Purchasing Policies and Procedures Manual
Chapter 3 – Purchasing Approval Authorities and Responsibilities 6  Ensuring that bids or proposals are submitted by responsible offerors whose submittals are responsive to the requirements set forth in a competitive solicitation.  Evaluating submitted bids or proposals in accordance with established selection criteria and processes.
 Ensuring that the purchase contract is approved and executed by the appropriate award and signatory authorities based on the dollar amount of the purchase.  Ensuring that sufficient funds are appropriated to pay for the purchase.  Ensuring that the vendor, contractor, or consultant has provided insurance certificates and bonds meeting the requirements of the purchase contract, as applicable, before work under the contact begins, and ensuring that such insurance and bonds are renewed, as applicable, during the term of the agreement.
 Ensuring that the vendor, contractor, or consultant has obtained a business license, as required by the Municipal Code, prior to beginning work and ensuring that such license is renewed, as applicable, during the term of the agreement.  Inspecting supplies and equipment delivered to determine their conformance with the specifications set forth in the order.
 Monitoring the performance of vendors, contactors, and consultants under approved contracts to ensure compliance with contract requirements.  Recommending and preparing contract amendments and change orders as needed and ensuring that such amendments and change orders are approved and executed by the appropriate award and signatory authorities based on the dollar amount of the amendment or change order, and that sufficient funds are appropriated to pay for the amendment or change order.
 Ensuring that due diligence is performed before determining that a purchase can only be made from a single vendor, contractor, or consultant, and ensuring that decisions to forego a competitive purchase process are properly documented and submitted for approval by the City Manager or designee, or the City Council, as required.  Taking reasonable and necessary steps to avoid conflicts of interest in the purchasing process.
 Keeping sufficient records of all departmental contracts and expenditures and ensuring that such records are properly stored and filed in accordance with City recordkeeping procedures.
 Submitting reports to the City Manager or designee showing all departmental supplies and equipment that are no longer used or have become obsolete or worn out so the appropriate steps to sell, exchange, or trade in such supplies and equipment can be determined.  Transferring surplus or unused goods between departments as needed, or selling, exchanging, trading in, or donating surplus goods to interested private or public agencies or vendors as prescribed in Section 5.8, Surplus Personal Property Disposal.

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Purchasing Policies and Procedures Manual
Chapter 3 – Purchasing Approval Authorities and Responsibilities 7 3.5 Authority to Award Contracts
The authority to award contracts that legally bind the City to a purchase is only vested in the City Council, unless such authority is delegated to the City Manager as prescribed by Chapter 3.08 of the Municipal Code and this policy manual.

Contract award authority delegated by the City Council to the City Manager may be further delegated by the City Manager to Department Heads as necessary for operational efficiency and effectiveness. Delegation of contract award authority by the City Manager to a Department Head must be in writing and kept on file with the City Clerk (See Example Memo in Attachment A:

Delegation of Contract Award Authority).

Note: All purchase contracts and any associated amendments thereto can only be approved by the appropriate award authority.

3.6 Dollar Thresholds for Awarding Contracts
Dollar thresholds for awarding contracts for goods, services and public projects (as defined in Table 1, Section 3.2) are established by resolution of the City Council and include the designation of three levels, with each level signifying the maximum threshold amount for requesting approval by the City Council, City Manager, and Department Heads as shown below.

1. First level contracts. First level contracts for goods and services and public projects may be awarded by the City Manager or Department Heads who have been delegated contract award authority.
a. The dollar threshold for first level contracts for goods and services purchases is $50,000.
b. The dollar threshold for first level contracts for public projects is $60,000.

2. Second level contracts. Second level contracts may be awarded by the City Manager.

Nothing precludes the City Manager from requesting City Council approval for second level contracts if deemed to be in the best interest of the City. a. The dollar threshold for second level contracts for goods and services purchases is $100,000.
b. The dollar threshold for second level contracts for public projects purchases is $200,000.

3. Third level contracts. Third level contracts are those exceeding $100,000 for goods and services and those exceeding $200,000 for public projects. Third level contracts must be awarded by the City Council, unless authority is delegated to the city manager for a specific purpose. For example, for efficiency purposes, the city manager may wish to request authorization to award a third level contract prior to bidding a particular project.

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Purchasing Policies and Procedures Manual
Chapter 3 – Purchasing Approval Authorities and Responsibilities 8 Figure 1. Dollar Thresholds for Awarding First, Second and Third Level Contracts

3.7 Amending Awarded Contracts
A contract amendment includes any modification, renewal not previously approved by the appropriate award authority, or change order to a purchase order that results in an increase to the total amount of money that may be spent under a single contract. Award authority limits must be based on the total contract amount, inclusive of amendments.

Modifications to the terms, conditions, or payment provisions, or material changes to specifications or scopes of services of an existing contract, also require a contract amendment. All contract amendments required by this policy must be in writing and no verbal contract modifications shall be held binding on the City. In most cases, modifications will require an amendment that is executed by each party to the agreement. Contract amendments must also be approved by the appropriate award authority. For instance, modification of a third level contract initially approved by the City Council must also be approved by Council.

Note: In limited instances, the City may issue a written amendment without the necessity of a counter signature. An example of this would be a time-only extension on a project-based contract with an estimated completion schedule and associated deliverables. Provided that the original contract does not specify a termination date, no cost is added, or scope changed, and there is sufficient budget available, the City Manager or designee may extend the time for performance by issuing written correspondence to the service provider that the contract has been extended beyond the estimated completion date to ensure agreed upon service delivery.

3.8 Award Authority Determined by Single Transaction
For determining the appropriate award authority, contract amounts shall be defined by what constitutes a single, or one transaction, as shown in Table 2.

Level 1: Up to $50,000 for goods and services
Up to $60,000 for public projects
City Manager, or Department Head if delegated
Level 2: Up to $100,000 for goods and services
Up to $200,000 for public projects
City Manager
Level 3: Greater than $100,000 for goods and services
Greater than $200,000 for public projects
City Council

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Purchasing Policies and Procedures Manual
Chapter 3 – Purchasing Approval Authorities and Responsibilities 9 Table 2. Determination of Contract Award Authority
Contract Type Single Transaction Example Award Authority One-time purchase order Each discrete, one-time
purchase that will not be
duplicated in a fiscal year is a
single transaction.

One-time vehicle purchase
of $30,000
Department Head
As-needed or on-call
contract
The contract term, coupled
with the total estimated
value to be spent during the
contract term, is a single
transaction.

As-needed contract for
equipment parts and repairs
estimated at $10,000 for one
year
On-call contract for
hazardous materials spills for
$75,000 for one year
Department Head
City Manager
Contract amendment The sum of the initial
contract amount plus the
amount of the amendment
is a single transaction.

Initial contract of $80,000
for park landscaping, plus an
amendment for $25,000, for
a total of $105,000
City Council
Multi-year contract The total value of the
contract over the course of
the contract term is a single
transaction.

Three-year contract for
janitorial services estimated
at $50,000 per year, for a
total of $150,000
City Council

3.9 Annual Appropriation Required
When making purchases with City funds, except in cases of emergency or in cases where specific authority has been obtained in advance from the City Manager, there must be an unencumbered appropriation in a department budget or in the fund against which a purchase is to be charged.

Contracts awarded in a fiscal year that are anticipated to extend into a subsequent fiscal year or years may be awarded by the appropriate awarding authority but are subject to this appropriation requirement.

3.9.1 Multi-year Contracts
The use of multi-year contracts can be an effective way of establishing longer-term agreements that result from competitive processes and/or contracts negotiated with terms favorable to the City. Multiyear contracts can be used for goods and/or services and can be established on an as-needed basis or for routine, scheduled maintenance.
 Competitive/negotiated processes. Solicitation documents and procurements that incorporate contract negotiations must specify the terms and conditions by which goods and services contracts can be renewed.

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Purchasing Policies and Procedures Manual
Chapter 3 – Purchasing Approval Authorities and Responsibilities 10 Examples include limiting annual price increases (or including de-escalators if appropriate), performance incentives, and renewals subject to budgeted funding and acceptable service.
 Contract terms. Multi-year contracts can be structured to renew annually (such as a base contract for one year with subsequent annual renewals), or awarded with longer initial or renewal periods, depending on the circumstances of the procurement.

Examples include a one-year contract with up to four additional years, or a three-year contract with up to two additional years, etc.

This allows for flexibility to award contract terms that best fit operational needs and foster processing efficiency.
 Prior authorization needed to renew. Multi-year contracts that include renewal options must be approved by the appropriate award authority as part of the initial award.

For example, the authorizing action by the City Council would include the base award plus the authorization for City Manager to exercise the renewal option(s). If specific authority is not given in the authorizing Council action, then the renewal would require additional Council approval.

3.10 Prohibition on Splitting
Goods and/or services purchases from a single vendor, contractor, or consultant, which could reasonably be included in a single contract, cannot be split into multiple contracts in order to avoid approval by the City Council or the City Manager, as applicable. This requirement also applies to conducting competitive solicitations (see Section 4.2, Competitive Solicitation Principles).

3.11 Important Considerations for Establishing Contracts Unless otherwise specified, all City purchases for goods and/or services must be transacted through valid written contracts approved by the appropriate award authority. This minimizes agency risk exposure and ensures that the City’s standard terms and conditions (or negotiated terms and conditions) are accepted by vendors. The City’s requirements for establishing contracts are explained below.

1. Use of Standard Terms and Conditions. Use of the City’s standard contract templates (including terms and conditions for purchase orders) provided or approved by the City Attorney’s Office is always preferred. If presented with a vendor-provided agreement, staff should first attempt to replace it with the City’s standard template.

2. Non-standard Terms and Conditions. Any changes to the standard templates, or use of vendor-provided agreements, are considered non-standard and require legal review prior to presenting a contract for approval. Consult with the Department Head and/or City Attorney.

3. Written Agreement Required. Written agreements (contracts) on standard City templates provided by the City Attorney’s Office signed (executed) by the parties to the agreement are always required for services with a value greater than $50,000. Services with a value of $50,000 or less and most goods purchases may be procured using purchase orders with standard terms and conditions (which is a valid contract) unless compelling factors such as liability or risk dictate the use of an executed written agreement. Consult with the

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Purchasing Policies and Procedures Manual
Chapter 3 – Purchasing Approval Authorities and Responsibilities 11 Department Head and/or City Attorney to determine whether a contract for services under $50,000 can be procured without a written agreement.

4. Contract Negotiation. Contracts and work scopes associated with request for proposals (RFP) and request for qualifications (RFQ) processes, procurements exempt from competitive bidding, or those utilizing non-standard terms/conditions typically require negotiation. Consult with the Department Head and/or City Attorney to determine the level of negotiation required.

5. City-provided Scope of Work. Contracts should include well-defined scopes of work drafted by City staff. Use of consultant or vendor-provided work scopes should be minimized to the greatest extent possible.

6. Purchase Order Required. A purchase order should accompany any awarded contract.

3.12 City Contract Types and Templates
The City uses the following types of contracts depending on the nature of the purchase, requirements established by the City Attorney’s Office, and the type of purchase (see Section 3.2, Categories of Purchases). Current contract templates are located on the shared drive under Forms.

1. Purchase order. A purchase order is utilized to make purchases of discrete, nonrecurring goods and/or services. Acceptance of a PO by a seller results in a contractual relationship between the seller and the City. Purchase orders must be issued before committing City funds or receiving any product/service unless an emergency situation exists. Depending on the cost and complexity of the purchase, a written agreement may be required.

2. Blanket purchase order. A blanket purchase order is a term contract, usually established for a one-year period for routine, recurring, or as-needed purchases of goods and/or services. In most cases, one-year blanket orders can be renewed annually with the dollar amount reset based on anticipated need for the upcoming year.

Blanket purchase orders can be established for multi-year periods and/or renewed annually according to the terms established through competitive bidding, negotiation, cooperative contract, or as approved by the appropriate award authority.

Blanket purchase orders are a convenient way to purchase routine or as-needed goods and/or services throughout the year. Their use should be maximized to the best extent possible.

3. General services agreement. Services such as custodial, building/equipment maintenance, other infrastructure maintenance not requiring detailed/engineered design specifications, and machinery/equipment rental are procured using a general services agreement template.

4. Professional services agreement. Services generally of an intangible nature that typically require a license, certification, and/or other professional criteria to perform the work as defined by the laws of the State of California are procured using a professional services agreement template.

5. Construction agreement. The construction, alteration or repair of any public work must be procured using a construction agreement template, as may be deemed appropriate by the City Attorney’s Office.

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Purchasing Policies and Procedures Manual
Chapter 3 – Purchasing Approval Authorities and Responsibilities 12 6. Multi-year services agreement. The use of a multi-year services agreement may be appropriate for general or professional services procured through pre-qualification processes or large projects that utilize a shortlist of qualified consultants for as-needed services or discrete project work negotiated through task orders.

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Purchasing Policies and Procedures Manual
Chapter 4 – Competitive Solicitation Procedures
13 Chapter 4 – Competitive Solicitation Procedures

4.1 Competitive Solicitation Procedures Overview
This chapter outlines the City’s competitive solicitation principles, requirements by dollar threshold, exceptions to competitive bidding, use of cooperative purchasing programs, and associated procedures to be used by employees who are responsible for procuring goods, services, and public projects.

4.1.1 Competitive Solicitation Terminology
To distinguish between types of solicitations at different dollar thresholds, the following terminology is customarily used.
 Price quotation or quote. The term “quotation” or “quote” is most often used with smaller dollar purchases associated with informal solicitations.  Competitive Bid. Use of the term “bid” typically denotes a solicitation where a contract is awarded based on the lowest bid price and is most often associated with formal, sealed bidding.
 Competitive Proposal. Use of the term “proposal” typically refers to a solicitation where a contract can be awarded on factors in addition to price (also referred to as a “best value procurement”) and is most often associated with formal, sealed request for proposals (RFPs).
 Demonstrated competence and professional qualifications. Use of these terms is most closely related to evaluating RFP responses for services before pricing is considered and is always required for professional services related to architects, engineers, environmental consultants, land surveyors, and construction management firms. In many instances, a request for qualifications (RFQ) process will be used for the solicitation.
 Contractors, Consultants and Vendors. The City contracts with individuals and entities to purchase goods and services. The terms “contractors,” “consultants,” and “vendors” are sometimes used interchangeably. However, contractor is generally associated with procuring general services and public projects; consultants are generally associated with procuring professional services; and vendors are generally associated with procuring goods.

Note: The terms “bidder,” “bid” and “bidding” are sometimes used interchangeably with “proposer,” “proposal” and “proposing.”

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Purchasing Policies and Procedures Manual
Chapter 4 – Competitive Solicitation Procedures
14 4.2 Competitive Solicitation Principles
Competitive bidding procedures shall be conducted in accordance with the following principles and requirements:
 Purchases must be based on competitive solicitation procedures whenever possible, unless otherwise exempt in accordance with Section 4.6, Exceptions to Competitive Solicitations.  Prospective, qualified bidders associated with any given procurement must be afforded a fair opportunity to submit bids/price quotes based on the same specifications to ensure a level playing field with no unfair advantages.
 The complexity of the solicitation procedures and the corresponding requirements increase with the dollar value of the procurement.
 Price quotes, bids or proposals required by this chapter, including procurements that may not require competitive bidding, must be in writing; verbal quotes cannot be accepted.  Under no circumstances shall purchases be artificially split to use a more simplified process or to avoid approval by the City Council or City Manager, as applicable.  Late bids, proposals or quotes cannot be accepted, unless it can be definitively determined by the Department Head that late submission was caused entirely by City action.  Staff should select the solicitation method most appropriate to the required good and/or service.
 The use of cooperative purchasing programs that leverage volume purchases, secure value pricing, and reduce administrative overhead is encouraged.  Staff must take into account the procurement-related policies and procedures such as prevailing wage requirements, requirements for buying computer hardware and software, product standardization, environmentally preferable purchases, and purchases using federal grant funds (see Chapter 5, Special Procurement Programs and Considerations).

4.3 Determining the Appropriate Solicitation Procedure
To determine the appropriate solicitation procedure, staff should know the category of purchase (goods, general services, professional services, or public projects) and have an estimated cost in mind, as shown in Table 3 and more fully explained in below.

Table 3. Solicitation Procedures for Goods, Services and Public Projects Solicitation Procedure Purchase Category/ Dollar Threshold No solicitation required Goods and services up to $5,000 Public projects up to $60,000
Informal solicitation Goods and services between $5,001 and $50,000 Public projects up to $200,000
Formal solicitation Goods and services greater than $50,000 Public projects greater than $200,000
Note: If the bids, quotes, or proposals received for goods or services purchases exceed the cost threshold for the solicitation procedure used, a new solicitation may be required if directed by the City Manager (see Section 4.6, Solicitation Procedures and Dollar Thresholds for Public Projects for provisions specific to public projects).

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Purchasing Policies and Procedures Manual
Chapter 4 – Competitive Solicitation Procedures
15 4.4 Solicitation Procedures for Goods and Services

1. No solicitation required. Purchases of goods and/or services up to $5,000 do not require a competitive solicitation and may be made following the receipt of one written price quote or proposal. However, as a matter of fiscal prudence, nothing shall preclude the person initiating the purchase from conducting price comparisons to ensure that the best overall value is obtained.

2. Informal solicitation required. Departmental purchases of goods and services with an estimated cost between $5,001 and $50,000 require an informal solicitation process that includes the following requirements:
a. Good faith effort. A good faith effort must be made to ensure that at least three firms/individuals are provided an opportunity to respond to the solicitation. b. Form and manner of solicitation. The form and manner by which informal solicitations are conducted, i.e., use of informal bid/proposal templates, invitations to submit written quotations, development of product specifications and/or scopes of work, etc., shall be prescribed by the Department Head to ensure that any given procurement results in a combination of the lowest price and highest quality of goods and/or services available.
c. Same specifications to be used. Prospective bidders or proposers must be afforded the opportunity to submit a bid or proposal based on the same specifications, scope of work or requirements, as the case may be. d. Shared information. Any material information provided in response to an inquiry or inquiries by a prospective bidder/bidders must be provided to all known prospects (called “plan holders”), especially if product specifications, requirements, or scope of work is changed that could give a bidder a competitive advantage if the change is only known to that bidder.
e. Reasonable and sufficient solicitation period. A bidding period reasonable and sufficient to the dollar value, size or complexity of the procurement should be used.

For example, price quotes for ten laptops could be prepared within a few days while proposals for cloud-based software solution could require several weeks. f. Electronic submittals encouraged. Consistent with best practices for automating processes and paperwork reduction, the submittal of electronic bids is encouraged, and paper submittals are discouraged.
g. Evaluation period. Every solicitation requires a due date and time. To ensure fairness and process integrity, submitted bids can only be evaluated after the specified due date and time, not before (see also Section 4.5 Bid or Proposal Evaluation).
h. Contract award and/or purchase order approval. Once a responsible vendor has been selected, a contract and/or purchase order is recommended for approval to the appropriate award authority.
i. Records retention. The staff member initiating the purchase must keep a record of the solicitation document; any correspondence sent to prospective vendors that changes the scope or product specifications in response to an inquiry or inquiries;

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Arroyo Grande City CouncilSeptember 26, 2023

Arroyo Grande City Council
September 26, 2023