12.A Report Bello Bridge Public Art and Southpaw Contract 2022-02-01 — Pismo Beach City Council, February 1, 2022

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.A

SUBJECT/TITLE:

PUBLIC ART DESIGN FOR BELLO STREET BRIDGE PROJECT; AWARD OF CONTRACT TO SOUTHPAW SIGN COMPANY, INC. FOR OLD BELLO STREET

BRIDGE COMMEMORATIVE BENCHES AND INTERPRETIVE PANELS AT NEW

BELLO STREET BRIDGE

RECOMMENDATION:

Adopt a Resolution approving public art proposals for Bello Street Bridge commemorative benches and interpretive panels; and authorizing the City Manager to enter into a Professional Services Agreement with Southpaw Sign Company, Inc. in the amount of $38,770.18 for the creation and installation of historical Bello Street Bridge commemorative benches and interpretive panels at the new Bello Street Bridge, and appropriating related budget adjustments.

BACKGROUND:

With the construction of the new Bello Street Bridge nearing completion, the Parks, Recreation and Beautification Commission (PRBC) has selected a design for commemorative seating and interpretive panels adjacent to the new bridge.

In October 2013, the PRBC and the Planning Commission made the following recommendations regarding the aesthetic of the replacement bridge:

 Installing a plaque or informational sign at the site.  Incorporate public art at the site, using materials from the original bridge if possible.

At the November 19, 2013 City Council Meeting, recommendations were made to include informational signage with a public art piece at the new Bello Street Bridge.

In February 2020, the PRBC resumed discussions on this project. Commissioner Early and Commissioner Paster were appointed to an ad-hoc committee to review art proposals for the project.

At the August 20, 2020 PRBC meeting, the full PRBC approved the ad-hoc committee’s recommendation that there be an artist rendering of the old Bello Street Bridge on display at the new bridge and that there be a sculpture utilizing remnants of the original bridge.

The PRBC recommended that the ad-hoc committee work with a local gallery on selecting an artist for the rendering of the bridge.

The ad-hoc committee selected Barbara Tapp, a California artist, to create the rendering of the historic Bello Street Bridge seen below (Figure 1).

Council Agenda 2-1-2022 12.A-1

Figure 1. Artist Rendering of Old Bridge to be Displayed at New Bridge

After consulting with the Engineering Division, staff decided against a Call for Artists for the public art piece due to the toxic materials used in the original bridge’s construction and the extensive safety and handling measures required for repurposing the remnants for use.

Staff contacted three local sign companies with the experience and ability to handle the requirements needed to repurpose parts from the old bridge. One proposal was submitted, and Southpaw Sign Company, Inc. (Southpaw) was selected for this project.

The cost proposal for Southpaw is provided as Attachment 1.A.

Specifications of Southpaw’s Proposals
At the September 2021 PRBC meeting, Southpaw created a project which included three panels—two interpretive panels and one panel to display the rendition of the old bridge— and two benches made from pieces of the original Bello Street Bridge. Staff will provide the final design of the interpretive panels including wording, photos, sketches, and/or artwork. Southpaw would then print and install approved designs on to interpretive panels.

The proposed panels are constructed with a high-pressure laminate used in National Parks with an expected lifespan of 10 years. The design of the commemorative benches and interpretive panels is provided as Attachment 3 and Attachment 4, respectively.

Council Agenda 2-1-2022 12.A-2

The proposed interpretive panels and commemorative benches will require the construction of a concrete pad to support them, which will be completed by a separate contractor during the construction of the new bridge.

Public Art Program and Council Approval
The City’s Public Art Program (Municipal Code Chapter 15.49) requires that, for projects with a public art component located on public property, the PRBC render its recommendation to the City Council on the art proposals, and that the Council take final action on the proposals within sixty days. Thus, in addition to authorizing the City Manager to enter into the contract needed to execute the project, the Resolution provided as Attachment 1 incorporates the Council’s approval of the proposed designs.

Conclusion and Recommendation
Staff recommends the Council adopt a Resolution (Attachment 1) approving public art designs for the Bello Street Bridge Project, and authorizing the City Manager to enter into a Professional Services Agreement with Southpaw Sign Company Inc. in the amount of $38,770.18 for the creation and installation of historical Bello Street Bridge commemorative benches and interpretive panels at the new Bello Street Bridge.

FISCAL IMPACT:

The fiscal impact of approving the attached Resolution is $75,647.18, including $38,770.18 for the contract (Attachment 2) with Southpaw to create and install commemorative benches and interpretive panels, $30,000.00 for the design and construction of the concrete slab, and a 10% contingency of $6,877.00.

Per City’s Municipal Code Section 15.49.025, private and municipal developments with building development costs of more than $250,000.00 shall devote an amount not less than one percent of such costs for acquisition and installation of public art on the development site. These funds are supported by the General Fund.

Currently, the City’s General Fund FY 2022 public art budget includes $83,654.95 of available funds, which is designated for the Shell Beach Streetscape entry signage, completion of Shell Beach stop signs, and the Pier Plaza mural on the concrete wall going down to the beach. Consequently, there are no available funds in the public art account.

However, the Impact Fee Fund has collected $18,954.34 of public art in lieu fees that could be used for this project. Staff recommends that Council transfer $18,954.00 from the Impact Fee public art in lieu fee revenues to the General Fund public art account to support a portion of this project. In order to keep this project on schedule, staff recommends that Council transfer $56,694.00 from the General Fund general contingency account to the public art account to close the remaining budget shortfall. The following table provides the proposed adjustments.

Council Agenda 2-1-2022 12.A-3

Public Art Agreements
Southpaw Sign Company, Inc. $38,770.18
Design, construction of concrete pad 30,000.00
10% contingency 6,877.00
Total Public Art Agreements $75,647.18
Proposed Budget Adjustments
Impact Fee Fund (Fund 3102) Public Art In Lieu Fee balance $18,954.00 General Fund General Contingency account 56,694.00
Total Proposed Budget Adjustments $75,648.00
Remaining Balance $0
ALTERNATIVES:

1. Provide alternative direction to staff regarding the above recommendations.

ATTACHMENTS:

1.Resolution

1.A. Exhibit A to Resolution: Artist Rendering

1.B. Exhibit B to Resolution: Bench and Panel Designs

1.C. Exhibit C to Resolution: Southpaw Cost Proposal.

2.Southpaw Professional Services Agreement

3.Southpaw Renderings of Proposed Design

4.Interpretive Panels Graphic Design
Prepared by: Meeting Date: February 1, 2022
Colleen Ghiglia, Recreation Manager
Submitted by: Gordon Jackson, Tourism and Events Director City Manager Approval:

Council Agenda 2-1-2022 12.A-4

RESOLUTION NO. R-2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,

CALIFORNIA APPROVING PUBLIC ART PROPOSALS FOR BELLO STREET BRIDGE COMMEMORATIVE BENCHES AND INTERPRETIVE PANELS; AND

AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH SOUTHPAW SIGN COMPANY, INC. IN THE AMOUNT OF $38,770.18 FOR THE CREATION AND INSTALLATION OF

HISTORICAL BELLO STREET BRIDGE COMMEMORATIVE BENCHES AND

INTERPRETIVE PANELS AT THE NEW BELLO STREET BRIDGE, AND

APPROPRIATING RELATED BUDGET ADJUSTMENTS
WHEREAS, the City of Pismo Beach is currently in the process of replacing the original bridge with a new bridge; and
WHEREAS, in October 2013, the Parks, Recreation and Beautification Commission (PRBC) and the Planning Commission made recommendations to City Council regarding the aesthetic of the replacement bridge; and
WHEREAS, in November 2013, the City Council recommended that the replacement bridge include informational signage and a Public Art piece; and WHEREAS, the City’s Public Art Program requires that the PRBC render, and the City Council act on, a recommendation for proposed art designs to be included in capital projects on public property; and
WHEREAS, the PRBC met in September 2021 and recommended that the City Council authorize the City Manager to enter into a contract with Southpaw Sign Company, Inc. to create and install commemorative benches and interpretive panels; and WHEREAS, the total cost of the project is $75,647.18, including $38,770.18 for the contract with Southpaw to create and install commemorative benches and interpretive panels, $30,000 for the design and construction of the concrete slab, and a 10% contingency of $6,877; and
WHEREAS, the City’s General Fund FY 2022 public art budget includes $83,654.95 of available funds, which are designated for other existing projects.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby approves the public art proposals for the Bello Street Bridge Project, in a form substantially similar to that shown in Exhibit A and Exhibit B.

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a Professional Services Agreement with Southpaw Sign Company, Inc. (cost proposal provided as Exhibit C) in the amount of Attachment 1
Council Agenda 2-1-2022 12.A-5

$38,770.18 for the creation and installation of historical Bello Street Bridge commemorative benches and interpretive panels at the new Bello Street Bridge.

BE IT FINALLY RESOLVED that the City Council of the City of Pismo Beach hereby appropriates a transfer of $18,954.00 from the Impact Fee Fund (Fund 3102) public art in lieu fee balance to the General Fund public arts account, appropriates $56,694.00 from the General Fund General Contingency account, appropriates $75,648.00 in the General Fund public arts account, and appropriates related transfers between funds, to support the creation and installation of historical Bello Street Bridge commemorative benches and interpretive panels at the new Bello Street Bridge in fiscal year 2022.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 1st day of February 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:

________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 1
Council Agenda 2-1-2022 12.A-6

Attachment 1.A
Council Agenda 2-1-2022 12.A-7

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SOUTHPAW SIGN COMPANY INC
Mailing Address : PO Box 3
Oceano, CA 93475
805-474-5700

ESTIMATE

ADDRESS
City of Pismo Beach
Colleen Ghiglia
Recreation Manager
805-773-7063
ESTIMATE #3988
DATE 01/24/2022

DESCRIPTION QTY RATE AMOUNT
1) Public Art - Bello St Bridge- Fabrication of three art elements utilizing parts from the oldbridge shown in Pismo-BridgePublicArt-V2.pdf-Center Pedestal and Sign- 78" tall x 60" wide x 26" deep- Framework of raw sandblasted steel- welded into one object with mounting plates at base- Park Grade full color printed panel- roughly 56" wide x 48" tall x 1/2" thick-Left Bench and Sign- 60" tall x 112" long x 30" deep- Framework of raw sandblasted steel- welded into one object with mounting plates at base- Trex type synthetic wood threads for seating surface- Park Grade full color printed panel- roughly 20" wide x 32" tall x 1/2" thick-Right Bench and Sign- 60" tall x 112" long x 30" deep- Framework of raw sandblasted steel- welded into one object with mounting plates at base- Trex type synthetic wood threads for seating surface- Park Grade full color printed panel- roughly 20" wide x 32" tall x 1/2" thick Note 1: does not include design of printed panels, permitting, or engineering.Note 2: this design only includes the footing directly under the 1 29,370.00 29,370.00T
Attachment 1.C
Council Agenda 2-1-2022 12.A-13

DESCRIPTION QTY RATE AMOUNT
three elements and leaves the ground in its natural state 2) Delivery and Installation- Creation of three concrete foundations- Two bench foundations- 12" wide x 48" long x 18" deep- pedestal foundation- 12" wide x 36" long x 30" deep- Installation of benches, pedistal, and three printed panels 1 7,124.00 7,124.00
SUBTOTAL 36,494.00
TAX 2,276.18
TOTAL $38,770.18
Accepted By Accepted Date
Attachment 1.C
Council Agenda 2-1-2022 12.A-14

1 of 12
Vendor Agreement (Rev. 2/2/2018)

CITY OF PISMO BEACH

VENDOR AGREEMENT FOR PROFESSIONAL SERVICES

This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation (“CITY”), and Southpaw Sign Company, Inc. (“VENDOR”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

RECITALS:

CITY wishes to retain the services of an experienced and qualified VENDOR to provide the following services:

Creation and installation of historical Bello Street Bridge commemorative benches and interpretive panels at the new Bello Street Bridge

VENDOR represents and warrants that it is qualified to perform those services.

AGREEMENT:

I. SERVICES TO BE PERFORMED BY VENDOR

VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A.

VENDOR warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. Extra work beyond that described in the Scope of Services is not authorized without the express written approval of CITY. VENDOR shall request and receive written approval prior to performing any extra work. Any work beyond that reflected in the approved Scope of Services shall not be compensated by CITY unless prior written approval was provided under this paragraph. CITY’s City Manager may approve additional work not to exceed thirty thousand dollars ($30,000.00). Any additional work in excess of this amount shall be approved by the City Council. To the extent that Exhibit A is a proposal from VENDOR, such proposal is incorporated only for the description of the Scope of Services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to by CITY in writing.

II. TERM

Unless earlier terminated in accordance with Section IV below, or unless the Scope of Services are substantially completed, the AGREEMENT will continue in full force and effect from the Effective Date through 12/31/2022. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional one (1) year period, or longer as the parties agree in writing.

III. COMPENSATION

A. VENDOR’s Fee

For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of thirty-eight thousand seven hundred seventy dollars and eighteen cents ($38,770.18), unless otherwise first approved in writing by CITY.

2 of 12
Vendor Agreement (Rev. 2/2/2018)
Should this AGREEMENT be extended pursuant to Section II, VENDOR’s fee may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.

B. Schedule of Payment

VENDOR will submit invoices monthly for actual services performed and associated expenses.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If CITY disputes any of VENDOR’s fees it shall give written notice to VENDOR within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefor.

IV. TERMINATION OF AGREEMENT

A. CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon VENDOR at least ten (10) days' prior written notice. Upon receipt of said notice, VENDOR shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT, such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.

B. In the event this AGREEMENT is terminated pursuant to this Section, CITY shall pay to VENDOR the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this Section, VENDOR will submit an invoice to CITY pursuant to Section III.

V. FORCE MAJEURE

If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, "acts of God," inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused for a period equal to the period of such cause for failure to perform.

VI. RETENTION OF FUNDS

VENDOR authorizes CITY to deduct from any amount payable to VENDOR (whether or not arising out of this AGREEMENT) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of VENDOR’s acts or omissions in performing or failing to perform VENDOR’s obligations under this AGREEMENT. In the event that any claim is made by a third party, the amount or validity of which is disputed by VENDOR, or any indebtedness exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of VENDOR to insure, indemnify, and protect CITY as elsewhere provided in this AGREEMENT.

Attachment 2
Council Agenda 2-1-2022 12.A-15

3 of 12
Vendor Agreement (Rev. 2/2/2018)
VII. CITY REPRESENTATIVE

The Recreation Manager is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this AGREEMENT and to make all decisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are required by CITY under this AGREEMENT, those actions will be taken by CITY Representative, unless otherwise stated. CITY’s City Manager has the right to designate another CITY Representative at any time, by providing notice to VENDOR.

VIII. VENDOR REPRESENTATIVE(S)

The person(s) employed by VENDOR whose name(s) are set forth immediately following the signatures of the parties executing this AGREEMENT are designated as being the representative(s) of VENDOR authorized to act on its behalf with respect to the work specified in this AGREEMENT and make all decisions in connection with this AGREEMENT.

IX. INDEPENDENT CONTRACTOR

VENDOR is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its elected officials, officers, employees or agents will have control over the conduct of VENDOR or any of VENDOR’s employees, except as otherwise set forth in this AGREEMENT and then only as to the results to be accomplished and not the method by which VENDOR provides the Scope of Services. VENDOR may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.

X. BUSINESS LICENSE

VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.

XI. OTHER LICENSES AND PERMITS

VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT.

XII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS

A. VENDOR shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this AGREEMENT. VENDOR shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services.

B. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. VENDOR shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the

4 of 12
Vendor Agreement (Rev. 2/2/2018)
services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. VENDOR hereby grants to CITY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.

C. All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of CITY, whether the work for which they are made be executed or not. In the event this AGREEMENT is terminated, and at the end of the term of this AGREEMENT, all such plans, studies, sketches, drawings, electronic documentation, reports, and specifications shall be delivered immediately to CITY. VENDOR may retain one copy of each document for VENDOR’S records, but shall have no proprietary rights to them. CITY agrees to indemnify VENDOR against any damages caused by the unauthorized re-use of said documents.

XIII. INDEMNIFICATION

A. Non-design, non-construction Professional Services:

To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, including CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

B. Non-design, construction Professional Services:

To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

Attachment 2
Council Agenda 2-1-2022 12.A-16

5 of 12
Vendor Agreement (Rev. 2/2/2018)
C. Design Professional Services:

In the event VENDOR is a "design professional," and the Scope of Services require VENDOR to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) VENDOR shall indemnify, defend and hold harmless CITY and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of VENDOR, except to the extent caused by the sole negligence, active negligence or willful misconduct of CITY. Negligence, recklessness or willful misconduct of any subcontractor employed by VENDOR shall be conclusively deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately corrected by VENDOR. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to VENDOR under this paragraph exceed VENDOR’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, VENDOR shall meet and confer with other parties regarding unpaid defense costs.

D. Payment by CITY is not a condition precedent to enforcement of the indemnities in paragraph A, B, or C. In the event of any dispute between VENDOR and CITY, as to whether liability arises from the active negligence, sole negligence or willful misconduct of CITY or its officers, employees, or agents, VENDOR will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, VENDOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 13 shall survive completion of VENDOR’s services or the termination of this AGREEMENT.

XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the event of any default or breach by CITY or for any amount that may become due to VENDOR.

XV. INSURANCE

A. Without limiting VENDOR’s indemnification of CITY, and prior to commencement of the Scope of Services, VENDOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.

1. General liability insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

6 of 12
Vendor Agreement (Rev. 2/2/2018)

2. Automobile liability insurance. If VENDOR owns vehicles used in performing the Scope of Services in any manner, VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office (ISO) form CA 00 01 covering bodily injury and property damage for all activities of VENDOR arising out of or in connection with any work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

3. Workers’ compensation insurance. VENDOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000), as required by law.

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

5. Errors and Omissions/Professional Liability. VENDOR shall maintain a policy of professional liability insurance written on a claims-made basis in an amount not less than $1,000,000. VENDOR shall also procure and pay for appropriate tail coverage for a minimum of three years following completion of the Scope of Services to cover any errors or omissions occurring during the Term. In the alternative, VENDOR may elect to obtain equivalent coverage on an occurrence basis. CITY’s Risk Manager or City Attorney may waive the requirement of professional liability insurance if he/she determines that such a policy is not commercially available to VENDOR. If such a policy is commercially available, additional cost to VENDOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived.

B. Other provisions or requirements:

1. Proof of insurance. VENDOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance.

Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements to such policies, at any time.

2. Duration of coverage. VENDOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by VENDOR, its agents, representatives, employees, or subconsultants.

3. Primary/noncontributing. Coverage provided by VENDOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

4. CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by VENDOR or Attachment 2
Council Agenda 2-1-2022 12.A-17

7 of 12
Vendor Agreement (Rev. 2/2/2018)
CITY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, CITY may terminate this AGREEMENT as provided in paragraph IV.

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

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

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

8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If VENDOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

9. Notice of cancellation. VENDOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. In the event VENDOR’s policy of insurance cannot be endorsed to provide this notice of cancellation, VENDOR shall provide CITY notice of such cancellation, in writing, not later than 24 hours following the effective time of such cancellation.

10. Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Each such insurance policy shall contain language substantially similar to the following clause:
"The City of Pismo Beach, its elected and appointed officials, officers, employees, and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Pismo Beach." CITY need not be named as an additional insured on professional liability insurance policies.

11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement

8 of 12
Vendor Agreement (Rev. 2/2/2018)
of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.

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

13. Pass-through clause. VENDOR agrees to ensure that its sub-consultants, sub- contractors, and any other party providing any work under the Scope of Services under the direction of VENDOR, provide the same minimum insurance coverage and endorsements required of VENDOR. VENDOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. VENDOR agrees that upon request, all AGREEMENTS with consultants, subcontractors, and others engaged in performing work under the Scope of Services will be submitted to CITY for review.

14. CITY’s right to revise specifications. CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving VENDOR ninety (90) days' advance written notice of such change. If such change results in substantial additional cost to VENDOR, CITY and VENDOR may renegotiate VENDOR’s compensation.

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

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

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

XVI. SUBCONTRACTORS

Before VENDOR retains or hires a subcontractor to provide any work, labor, or services relative to this AGREEMENT, VENDOR must:

A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to CITY;

B. Present to CITY the form of subcontract that will be used with the subcontractor for CITY’s approval, which approval will not be unreasonably withheld. Such subcontract agreement must include an indemnity agreement that is generally in accord with the indemnity obligations contained in paragraph XII of this AGREEMENT and must specifically name CITY as an indemnified party; and

C. Secure from the subcontractor evidence of insurance coverage that meets with this AGREEMENT including naming CITY as an additional insured as required by this AGREEMENT, unless such requirement is waived in writing by CITY's Risk Manager as provided in paragraph XXV below.

Attachment 2
Council Agenda 2-1-2022 12.A-18

9 of 12
Vendor Agreement (Rev. 2/2/2018)
XVII. CONFLICT OF INTEREST

No officer or employee of CITY may have any financial interest, direct or indirect, in this AGREEMENT, nor may any officer or employee participate in any decision relating to the AGREEMENT that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership, or association in which the officer or employee is directly or indirectly interested, in violation of any law, rule or regulation.

No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.

XVIII. NOTICE

All notices, requests, demands, or other communications under this AGREEMENT will be in writing.

Notice will be sufficiently given for all purposes as follows:

A. Personal delivery. When personally delivered to the recipient; notice is effective on delivery.

B. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice; notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.

C. Certified mail. When mailed certified mail, return receipt requested; notice is effective on receipt, if delivery is confirmed by a return receipt.

D. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account; notice is effective on delivery, if delivery is confirmed by the delivery service.

E. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice; notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non- business day.

Addresses for purpose of giving notice are as set forth immediately following the signatures of the parties executing this AGREEMENT.

F. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.

G. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this AGREEMENT. Any change in address or fax number that is not provided to the other party will not void delivery of any notice under this AGREEMENT, and delivery to the last known address or fax number shall be deemed sufficient for notice under this AGREEMENT.
10 of 12
Vendor Agreement (Rev. 2/2/2018)
XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
This AGREEMENT and all exhibits are binding on the heirs, successors, and assigns of the parties.

The AGREEMENT may not be assigned or subcontracted by either CITY or VENDOR without the prior written consent of the other.

XX. INTERPRETATION
The terms of this AGREEMENT shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction that might otherwise apply.

XXI. SEVERABILITY
If any part of this AGREEMENT is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the AGREEMENT will remain in full force and effect.

XXII. TIME OF ESSENCE
Time is of the essence in the performance of this AGREEMENT.

XXIII. GOVERNING LAW; JURISDICTION
This AGREEMENT will be administered and interpreted under the laws of the State of California.

Jurisdiction of and venue for any litigation arising from the AGREEMENT will be in the Superior Court of the San Luis Obispo County, or in the United States District Court for the Central District of California.

XXIV. COMPLIANCE WITH STATUTES AND REGULATIONS
VENDOR will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders. VENDOR and its subcontractor(s) shall not discriminate against any person in the performance of this AGREEMENT on the basis of race, religion, national origin, color, age, sex, sexual orientation, AIDS, HIV status, disability, or any other basis protected by state or federal law, and shall comply with applicable federal and state equal employment opportunity laws, ordinances, rules and regulations.

XXV. WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this AGREEMENT.

XXVI. ATTORNEY’S FEES
Except as provided for in paragraph XV, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this AGREEMENT (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this AGREEMENT, the prevailing party Attachment 2
Council Agenda 2-1-2022 12.A-19

11 of 12
Vendor Agreement (Rev. 2/2/2018)
will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.

XXVII. EXHIBITS

All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference.

In the event of any conflict between the terms of this AGREEMENT and the terms of an exhibit, the terms of this AGREEMENT shall control. Notwithstanding the foregoing sentence, the provisions of Section XIII of this AGREEMENT shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this AGREEMENT, even if such exhibit purports to affect the provisions of Section XIII.

XXVIII. VENDOR’S AUTHORITY TO EXECUTE

The persons executing this AGREEMENT on behalf of the VENDOR warrant that:

A. the VENDOR is duly organized and existing under the appropriate State laws; B. they are duly authorized to execute this AGREEMENT on behalf of the VENDOR; C. by so executing this AGREEMENT, the VENDOR is formally bound to the provisions of this AGREEMENT; and
D. entering into this AGREEMENT does not violate any provision of any other AGREEMENT to which the VENDOR is bound.

XXIX. INTEGRATION; AMENDMENT

This AGREEMENT represents the entire understanding of CITY and VENDOR as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this AGREEMENT. The AGREEMENT may not be modified or altered except in writing signed by both parties.

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.

Signatures begin on next page.

12 of 12
Vendor Agreement (Rev. 2/2/2018)
VENDOR:

Southpaw Sign Company, Inc.

Signed:

Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice (See Section XVIII):
______________________________________
______________________________________
Email address for official communications:
______________________________________
Vendor Representative (See Section VIII):

Name/Title: ____________________________
CITY:

City of Pismo Beach, a Municipal Corporation
Signed:

Name: GordRn Jackson
Title: Tourism and Events Director
Dated: ________________________________
Signed:

Name: James R. Lewis
Title: City Manager
Dated: ________________________________
Address for giving notice (See Section XVIII):
760 Mattie Road, Pismo Beach, CA 93449
ATTEST:

Signed:

Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:

Signed:

Name: David M. Fleishman
Title: City Attorney
Attachments:

Exhibit A: Scope of Service
Exhibit B: Compensation Schedule
Attachment 2
Council Agenda 2-1-2022 12.A-20

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Council Agenda 2-1-2022 12.A-22

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Council Agenda 2-1-2022 12.A-23

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Council Agenda 2-1-2022 12.A-24

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Council Agenda 2-1-2022 12.A-25

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Council Agenda 2-1-2022 12.A-26

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Council Agenda 2-1-2022 12.A-30

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Council Agenda 2-1-2022 12.A-32

1908 Pizmo Station Map Source:
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Chumash Villages
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The Chumash Days
The colorful history of the Bello
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was given its own train depot (photo below right). This station was located just a few hundred yards away from the Bello Street bridge site.

Attachment 4
Council Agenda 2-1-2022 12.A-33

ӾFӾ¢ƃȦȮȀǵȮȀɃȦƟƭӸ¢ƃȦȮȀǵȮFƃǳǒǪɡȦƟǍǒɚƭȮӾ ǒȦƟƃѽ҅Ѽ҃ ƭǪǪȀȻӾȦǒƦǆƭ/ǅ˴ƭȀɃȦƟƭӸ/ǅ˴ƭrƟ'ƭȦǳȀȻȻȦƟǍǒɚƭȮtƭɛNǒǆǍɛƃɡȦǒƦǆƭrƃȣ ȀɃȦƟƭӸ ƃǪǒǅȀȦǵǒƃԪȮNǒǆǍɛƃɡȮƃǵƦ¢ɃƞǪǒƟÚȀȦǧȮӹѽ҅Ѿҁ
NǒǆǍɛƃɡѽѼѽƃȻ¢ǒȮǳȀƭƃƟǍӹѽ҅ҁѼȮ
SǪǪɃȮȻȦƃȻǒȀǵӸǆǪȀȦɡƦƃɡȮȀǅȻǍƭƭǪǪȀȻȦƭƭȻȦǒƦǆƭ

FOR POSITION ONLY
NǒǆǍɛƃ ѼѽƃȻ¢ǒȮǳȀƭƃƟǍӹѽ҅NǒǆǍɛƃɡѽѼѽƃȻ¢ǒȮǳȀƭƃƟǍӹѽ҅ҁѼȮ Birth of a Bridge
San Luis Obispo County Supervisor Austin F. Parsons was assigned to design a new bridge over 5NXRT(WJJP&YKJJYQTSLFSISJFWQ^
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became recognized as part of California Legislative Route Number 2 (LRN2).

Automobiles Take Over
Commuter rail travel was already in decline when Bello
St. Bridge was completed. With more cars on the road
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proposed a new streamlined highway, bypassing Bello
St. Bridge altogether. Over a course of several years,
this new route connected what would end up being
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The Sunset of Bello St. Bridge
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èX'JQQT8YWJJY'WNILJ\FXHQTXJIIZJYTXYWZHYZWFQNXXZJX.S\MFYWJRFNSJI of the bridge was removed permanently, replaced by the new bridge you see today.

Attachment 4
Council Agenda 2-1-2022 12.A-34

The Original Bello Street Bridge
Structures at this site were created using repurposed materials from the original bridge, in celebration of the rich history and legacy of Pismo Beach.

Watercolor Rendering: “Bello Street Bridge” (Barbara Tapp) Attachment 4
Council Agenda 2-1-2022 12.A-35

Pismo Beach City CouncilFebruary 1, 2022

Pismo Beach City Council
February 1, 2022