AGENDA
Pismo Beach City Council
Tuesday, September 5, 2023
Time Meeting Type Physical Location Virtual Participation Option 5:30 p.m. Regular Meeting 1 2 Council Chamber, City Hall https://us02web.zoom.us/j/84823715585 1 Live virtual participation is offered via Zoom.
2 Broadcast meeting also available, for viewing only, on cable Channel 20 and online at pismobeach.org/agenda.
0.HYBRID MEETING INSTRUCTIONS:
This meeting is being conducted in a hybrid format with both in-person and virtual public participation. Ways to watch this meeting and submit public comment are provided below.
Watch and participate in person:
•Visit the Council Chamber at City Hall, 760 Mattie Road, Pismo Beach, CA 93449. •To make public comment, please submit an optional blue “speaker slip” to staff; the Mayor will ask you to approach the lectern to speak during the public comment period on your item of interest.
Watch and participate via Zoom:
•Click this link on any computer or mobile device: https://us02web.zoom.us/j/84823715585 . This URL may also be typed into a web browser.
•To make public comment, press the “raise your hand” button when the comment period for your item of interest begins. You will be notified when you’ve been unmuted and it’s your turn to speak.
Listen and participate via telephone:
•Call 1-669-900-6833 to join by telephone audio only. Enter Meeting ID 848 2371 5585 when prompted. •To make public comment, press *9 to “raise your hand” when the comment period on your item of interest begins. You will be notified when you’ve been unmuted and it’s your turn to speak.
Watch online:
•Visit www.pismobeach.org/agenda and scroll to “Upcoming Events.” When the live broadcast begins, an “In Progress” link will appear; click this link to watch the livestream. A recording of the meeting will be available on demand shortly after the meeting ends.
Watch on Channel 20:
•Tune to local cable channel 20 in Pismo Beach; the meeting will be broadcast live. Meetings are also replayed at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day the following week.
Submit written comment:
•In advance of the meeting, written comments may be emailed to [email protected] or mailed or delivered to the City Clerk’s Office, 760 Mattie Road, Pismo Beach, CA 93449. During the meeting no later than the start of the comment period for your item of interest, written comment may be hand-delivered to staff in the Council Chamber. Emails submitted after the start of the meeting may not be fully considered prior to any action taken on the item.
Submit voicemail comment:
•Call 805-773-7005 and leave a voicemail before the meeting. Voicemails submitted after the start of the meeting may not be fully considered prior to any action taken on the item. This automated voicemail line will not be answered or monitored for other purposes.
Please note:
•Meetings may begin a few minutes after the scheduled start time. •Meetings will be recorded; these recordings are public record. •Phone numbers of call-in participants may be visible to other meeting participants, or in meeting recordings. •Phone numbers of voicemail commenters may be visible in the public record along with transcripts.
Please contact City Clerk Erica Inderlied at [email protected] with questions.
Council Agenda 9-5-2023
Pismo Beach City Council Agenda September 5, 2023
Regular Meeting—5:30 p.m.
Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449 CALL TO ORDER: Mayor Waage
1.ROLL CALL:
Mayor: Waage
Mayor Pro Tem: Reiss
Council Members: Guthrie, Inman, Newton
2.PLEDGE OF ALLEGIANCE
3.ACCEPTANCE OF AGENDA
4.PRESENTATIONS
None.
5.PUBLIC COMMENT PERIOD
At this time, members of the public may comment on any item NOT appearing on the agenda. For items appearing on the agenda, including the Consent Calendar, the public will be invited to make comments during Council consideration of the item. In accordance with state law, matters raised as part of this comment period cannot be discussed or acted upon by the City Council at this time.
However, in response to a matter raised as part of this comment period, the Council may, during Item 13, City Council Comments and Requests, direct staff to assist a speaker, or schedule the matter for consideration on a future agenda.
Please adhere to the following procedures when addressing the Council:
•Please limit your comments to 3 minutes or less.
•Unduly disruptive behavior will not be permitted.
Documents submitted to the Council become public record unless otherwise exempt from disclosure.
6.CITY MANAGER’S REPORT - No action to be taken
7.CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT - No action to be taken
8.COUNCIL COMMITTEE REPORTS
1.Air Pollution Control District, SLO County (Newton/Reiss)
2.California Joint Powers Insurance Authority (Reiss)
3.CAPSLO (Reiss)
4.Central Coast Blue Regional Recycled Water Authority (Waage)
5.Central Coast Community Energy Policy Board (Mayor)
6.Chapman Estate Foundation (Liaison) (Reiss)
7.Coastal Cities Group, League of CA Cities (Waage)
8.Conference and Visitors Bureau / LBID Board (Liaison) (Inman)
9.Friends of Price House Liaison (Waage)
10. Hazard Mitigation & Fire Safety (Inman/Waage)
11. Homeless Services Oversight Council (Guthrie/Reiss)
12. Integrated Waste Management Authority (Newton/Inman)
13. Mobile Home Rent Stabilization Subcommittee (Inman/Reiss)
14. REACH (Newton)
15. Regional Transit Authority, SLO (Waage/Reiss)
16. Shell Beach Improvement Group Liaison (Inman)
17. SLOCOG (Waage/Reiss)
18. South County Chambers Gov’t Affairs (Guthrie/Inman)
19. Visit SLO CAL Advisory Committee (Inman)
20. Water Resources Advisory Committee, SLO (Guthrie/Inman)
21. Zone 3 Water Advisory Committee, SLO (Guthrie/Inman) (Govt Code Section 53232.3)
Council Agenda 9-5-2023
Pismo Beach City Council Agenda September 5, 2023
9. CONSENT CALENDAR
All Consent Calendar items will be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member for separate consideration. Public comment on Consent Calendar items will be invited prior to action on the Calendar.
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
1. Adopt Minutes of the August 15, 2023 Regular Meeting;
2. Adopt Minutes of the August 22, 2023 Closed Session.
Item 9.B: Payroll Register and Register of Demands (Feeser)
Recommendation:
1. Approve the Summary of Payroll Register for July 30, 2023 and August 13, 2023;
2. Approve the Register of Demands for July 21, 2023 and July 28, 2023.
Item 9.C: Monthly Investment Transaction Report of the City’s Cash and Investments for June 2023 of FY 2022-2023 (Feeser)
Recommendation:
No action recommended; for information only.
Item 9.D: Fiscal Year 2023 Fourth Quarter Financial Status Report (Feeser)
Recommendation:
Receive as information only. No actions are requested or recommended.
Item 9.E: Quarterly Investment Report for the Three Months of April Through June 2023—The Fourth Quarter of FY 2023 (Feeser)
Recommendation:
No action recommended; for information only.
Item 9.F: Seacliff Drive, Bello Street, and Main Street Red Curb (Fine)
Recommendation:
Adopt a Resolution authorizing the installation of red curb on Seacliff Drive, Bello Street, and Main Street.
Item 9.G: Agreement with Urban Planning Concepts, Inc. for In-House Planning Services (Downing)
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an agreement with Urban Planning Concepts, Inc. for professional in-house planning services for an amount not to exceed $177,600 in Fiscal Year 2024 and making related appropriations.
Council Agenda 9-5-2023
Pismo Beach City Council Agenda September 5, 2023
Item 9.H: Cancellation of September 19, 2023 Council Meeting (Inderlied) Recommendation:
Adopt a Resolution cancelling the September 19, 2023 Regular City Council Meeting.
10.ITEMS PULLED FROM CONSENT CALENDAR
11.PUBLIC HEARINGS - No earlier than 6:00 p.m.
GENERAL PROCEDURES FOR PUBLIC HEARINGS (Mayor/Presiding Officer reserves discretion to set speaking allowances):
1. City staff will present the staff report and recommendation, and respond to technical/clarifying questions from Council;
2. Mayor will open the public hearing, and invite the project applicant, or representative, to present the project (Limited to 10 mins);
3. In an Appeal Hearing, the Mayor will then invite the appellant, or representative, to present their appeal (Limited to 10 mins);
4. Mayor will then ask other interested persons to testify regarding the project (Limited to 3 mins per speaker);
5. Mayor will invite the project applicant, or representative, to make a rebuttal if desired (Limited to 5 mins);
6. In an Appeal Hearing, the Mayor will then invite the appellant, or representative, to make a rebuttal if desired (Limited to 5 mins);
7. Mayor will close the public hearing, following which the Council will deliberate and act on the matter.
Item 11.A: Adoption of an Addendum to the Certified Environmental Impact Report for the Central Coast Blue Project (Downing)
Recommendation:
Adopt a Resolution adopting an Addendum to the Certified Environmental Impact Report (SCH # 2019120560) for the Central Coast Blue Project.
12.BUSINESS ITEMS - May be reordered and heard prior to Public Hearings Item 12.A: Introduction (First Reading) of an Ordinance Amending Section
10.10.010 of the Pismo Beach Municipal Code Regarding the Paid Parking Zone (Feeser)
Recommendation:
Introduce an Ordinance amending Chapter 10.10: Paid Parking Zone, of the Pismo Beach Municipal Code, relating to using parking funds for various purposes.
Item 12.B: Award of Contracts to JJ Fisher Construction, Inc. and Cannon Corporation for the James Way Beautification Project (Fine) Recommendation:
1.Provide staff with direction on which Bid Alternates to award.
2.Adopt a Resolution authorizing the City Manager to:
a.Execute a contract with JJ Fisher Construction, Inc. for construction of the James Way Beautification Project in the amount of $[1,659,221.00 for the base bid plus bid alternates 1 and 2 or 1,669,852.62 for the base bid plus bid alternates 1 and 3 per Council Direction]; and b.Enter into a Professional Services Agreement with Cannon Corporation in the amount of $264,175.00 for Construction Management, Inspection and Administration Services.
Council Agenda 9-5-2023
Pismo Beach City Council Agenda September 5, 2023
13. CITY COUNCIL COMMENTS AND REQUESTS - No action to be taken
14. ADJOURNMENT
To the following meeting(s). Special and Closed Session times may be subject to change, as noticed. Meetings will be held in a hybrid in-person / virtual format unless otherwise noted:
Meeting Time Date Location
Closed Session 1:00 p.m. Friday, September 8, 2023 Council Chamber, City Hall Closed Session 8:30 a.m. Monday, September 18, 2023 2727 Shell Beach Road, Pismo Beach 93449 Regular Meeting 5:30 p.m. Tuesday, September 19, 2023 Council Chamber, City Hall Regular Council meetings will adjourn by 11:00 p.m. unless four-fifths of the Council votes to continue past that time. If the meeting is adjourned at 11:00 p.m., any remaining agenda items will be continued to the next regular meeting (R-97-04).
AFFIDAVIT OF POSTING
I, Erica Inderlied, City Clerk for the City of Pismo Beach, declare under penalty of perjury that the foregoing agenda for the September 5, 2023 meeting(s) of the Pismo Beach City Council was posted on August 31, 2023, at City Hall, located at 760 Mattie Road, Pismo Beach, CA, as well as on the City’s website.
Erica Inderlied, City Clerk
Meeting Schedule: The City Council of Pismo Beach regularly meets on the first and third Tuesdays of each month at 5:30 p.m., unless otherwise noticed. Closed and Special sessions will be duly noticed as needed.
Council Agendas: Agendas for Regular Meetings are available for public review on the City’s website at pismobeach.org/agenda and upon request from the City Clerk’s Office, typically by 4:00 p.m. on the Thursday prior to the meeting, but no later than 72 hours prior to the meeting. Agendas for Closed Sessions and other Special meetings are made available at least 72 hours prior to the meeting when possible, but no later than 24 hours prior to the meeting.
Related Materials: All materials submitted to the Council relating to items on this agenda are open for public inspection unless otherwise exempt by law. Staff reports and attachments published as part of this agenda packet, as well as copies of correspondence received relating to these agenda items and materials distributed at the meeting, may be obtained 1) in the consolidated online Agenda Center at pismobeach.org/agenda, 2) in the Access Pismo public records portal at pismobeach.org/accesspismo, 3) by request from the City Clerk at [email protected], or 4) in person at the City Clerk's Office, City Hall, 760 Mattie Road, Pismo Beach, Mon–-Fri 8:00 a.m.–-5:00 p.m. Please call (805) 773-7003 with any questions.
Broadcasting: Regular (televised) City Council meetings are available for viewing 24/7 at pismobeach.org/agenda, broadcast live on Channel 20, and re-broadcast during the week following the meeting on Channel 20 at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day.
Use of Equipment: Please contact the City Clerk’s Office if requesting to use the chamber equipment during public comment or as part of a scheduled presentation, 24 hours prior to the meeting at (805) 773-7003.
Notice Regarding Americans with Disabilities Act
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need agenda documents provided in an alternative format, please contact the City Clerk’s Office at 773-7003 as soon as possible prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-
35.104 ADA Title II).
Council Agenda 9-5-2023
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.A
` SUBJECT/TITLE:
ADOPTION OF MEETING MINUTES
RECOMMENDATION:
1.Adopt Minutes of the August 15, 2023 Regular Meeting;
2.Adopt Minutes of the August 22, 2023 Closed Session.
BACKGROUND:
Attached for the Council’s consideration are the draft minutes of the subject meetings for review and adoption.
FISCAL IMPACT:
There is no fiscal impact associated with the preparation or adoption of meeting minutes.
ALTERNATIVES:
1. Adopt the minutes with revisions.
2.Decline to adopt the minutes; provide direction or request additional information.
ATTACHMENTS:
1.Draft Minutes of the August 15, 2023 Regular Meeting;
2.Draft Minutes of the August 22, 2023 Closed Session.
Meeting Date: September 5, 2023 Submitted by: Erica Inderlied, City Clerk Interim City Manager Approval:
9.A-1Council Agenda 9-5-2023
Packet Page 1
PAGE 1 OF 5
DRAFT MINUTES
Pismo Beach City Council
Tuesday, August 15, 2023
Regular Meeting—5:30 p.m.
Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449 The City Council of the City of Pismo Beach met this date in a regular session with Mayor Waage presiding.
CALL TO ORDER: 5:30 p.m.
1.ROLL CALL:
Present: Absent:
Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman (arrived 5:35 p.m.)
Council Member Scott Newton
Staff Present:
Matt Downing, Community Development Director
Nadia Feeser, Administrative Services Director
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Jorge Garcia, Interim City Manager
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Paul Lee, Battalion Chief
Jeff Smith, Chief of Police
Other staff present as noted below
2.PLEDGE OF ALLEGIANCE
A moment of silence was observed in remembrance of late Paso Robles Mayor Steve Martin.
Mayor Waage led the Pledge of Allegiance.
3.ACCEPTANCE OF AGENDA
No requests to reorder the agenda.
9.A-2Council Agenda 9-5-2023
Attachment 1
Packet Page 2
4.PRESENTATIONS
Item 4.A: Presentation: Introduction of New Employees
•Barbara Aspernelson, Accountant (Feeser)
Item 4.B: Presentation: Central Coast Community Energy Annual Update (3CE) Presented by Judi Young, Central Coast Community Energy.
5.PUBLIC COMMENT PERIOD
Call for public comment:
Don Day commented.
6.CITY MANAGER’S REPORT
Interim City Manager Garcia commented on various topics.
7.CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT
City Attorney Fleishman had nothing to report.
8.COUNCIL COMMITTEE REPORTS
The Council reported on recent and upcoming meetings of various external bodies:
Council Member Inman:
Shell Beach Improvement Group.
Mayor Waage:
San Luis Obispo County Community Fire Safe Council.
9.CONSENT CALENDAR
Call for public comment:
Jeff Edwards commented.
Action: Adopt Consent Calendar.
Motion: Newton
Second: Inman
Vote: The motion passed on the following vote (Items 9.A through 9.D):
9.A-3Council Agenda 9-5-2023
Attachment 1
Packet Page 3
Ayes: 5 Newton, Inman, Guthrie, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
1.Adopt Minutes of the August 1, 2023 Closed and Regular Meeting;
2.Adopt Minutes of the August 3, 2023 Special Meeting.
Item 9.B: Payroll Register and Register of Demands (Feeser) Recommendation:
1.Approve the Summary of Payroll Register for July 16, 2023;
2.Approve the Register of Demands for July 7, 2023 and July 14, 2023.
Item 9.C: Update on January 9, 2023 and January 12, 2017 Emergency Proclamations (Inderlied)
Recommendation:
No action recommended; for information only.
Item 9.D: Appointment of Voting Delegates for the 2023 League of California Cities Annual Conference (Inderlied)
Recommendation:
Adopt a Resolution designating voting delegates for the 2023 League of California Cities Annual Conference.
Legislative Record: Resolution R-2023-060 adopted.
10.ITEMS PULLED FROM CONSENT
None.
11.PUBLIC HEARINGS
None.
9.A-4Council Agenda 9-5-2023
Attachment 1
Packet Page 4
12.BUSINESS ITEMS
Item 12.A: Budget Adjustments for Fiscal Years 2023 through 2025 (Feeser) Recommendation: Adopt a Resolution approving and appropriating budget adjustments for Fiscal Years 2023 through 2025.
Presenting staff:
Nadia Feeser, Administrative Services Director
Jorge Garcia, Interim City Manager
Call for public comment: No comment.
Action: Adopt a Resolution approving and appropriating budget adjustments for Fiscal Years 2023 through 2025.
Motion: Newton
Second: Guthrie
Vote: The motion passed on the following vote:
Ayes: 5 Newton, Guthrie, Inman, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2023-061 adopted.
Item 12.B: Water and Wastewater Rate Study; Proposed Water and Wastewater Rate Schedules for Fiscal Years 2024 through 2028; Direction to Issue Proposition 218 Notifications and Schedule a Public Hearing for October 17, 2023 to Consider Amending the Water and Wastewater Rate Schedule (Feeser)
Recommendation: Adopt a Resolution adopting the City of Pismo Beach Water and Wastewater Rate Study; approving the proposed water and wastewater rate schedules for Fiscal Years 2024 through 2028; directing staff to issue Proposition 218 notifications; and directing the City Clerk to schedule a public hearing for October 17, 2023 to consider amending the water and wastewater rate schedule.
Presenting staff:
Nadia Feeser, Administrative Services Director
Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, Interim City Manager
9.A-5Council Agenda 9-5-2023
Attachment 1
Packet Page 5
Guest presenters:
Clayton Tuckfield, Tuckfield & Associates
Call for public comment:
Donny Martin commented.
Action: Adopt a Resolution Adopt a Resolution adopting the City of Pismo Beach Water and Wastewater Rate Study; approving the proposed water and wastewater rate schedules for Fiscal Years 2024 through 2028; directing staff to issue Proposition 218 notifications; and directing the City Clerk to schedule a public hearing for October 17, 2023 to consider amending the water and wastewater rate schedule.
Motion: Inman
Second: Waage
Vote: The motion passed on the following vote:
Ayes: 3 Inman, Waage, Guthrie
Noes: 2 Newton, Reiss
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2023-062 adopted.
13.CITY COUNCIL COMMENTS AND REQUESTS
No requests.
14.ADJOURNMENT
At 6:44 p.m.
APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
9.A-6Council Agenda 9-5-2023
Attachment 1
Packet Page 6
DRAFT MINUTES
Pismo Beach City Council
Tuesday, August 22, 2023
Special Closed Session—1:00 p.m.
City Hall, 760 Mattie Road, Pismo Beach, CA 93449
The City Council of the City of Pismo Beach met this date in a special closed session with Mayor Waage presiding.
CALL TO ORDER: Mayor Waage called the meeting to order at 1:00 p.m.
1.ROLL CALL:
Present: Absent:
Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
Staff Present:
Bianka Buchanan, Human Resources Officer
2.PUBLIC COMMENT PERIOD
Call for public comment: No comment.
3.ANNOUNCEMENT OF CLOSED SESSION ITEMS
Mayor Waage announced the Closed Session item listed below.
Item 3.A: Public Employee Appointment (Government Code §54957) City Manager
4.CLOSED SESSION REPORT
Mayor Waage announced that no reportable action was taken on the above item.
9.A-7Council Agenda 9-5-2023
Attachment 2
Packet Page 7
5.ADJOURNMENT
At 2:13 p.m.
APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
9.A-8Council Agenda 9-5-2023
Attachment 2
Packet Page 8
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.B
SUBJECT/TITLE:
PAYROLL REGISTER AND REGISTER OF DEMANDS
RECOMMENDATION:
1. Approve the Summary of Payroll Register for July 30, 2023 and August 13, 2023.
2. Approve the Register of Demands for July 21, 2023 and July 28, 2023.
BACKGROUND:
Attached are the Summary of Payroll Register(s) and Register(s) of Demands (Check Registers) noted above, provided for Council approval.
FISCAL IMPACT:
As demonstrated in the attached payroll and check registers.
ALTERNATIVES:
1. Request additional information from staff.
ATTACHMENTS:
1.Payroll Summary
2. Registers of Demands
Submitted by: Meeting Date: September 5, 2023
Nadia Feeser, Administrative Services Director / City Treasurer Interim City Manager Approval:
Council Agenda 9-5-2023 9.B-1
Packet Page 9
FOR PERIOD ENDING 07/30/23
CHECKS DATED 08/04/23
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 557013‐557020 8
ACH 136
EARNINGS
REGULAR 390,844.98
HOLIDAY 5,200.47
OVERTIME (Includes Comp Time Payouts)28,732.06
Administration
Building 429.28
Conference & Visitors Bureau
Police Department 17,234.84
Parking
Engineering
Fire 5,181.71
Recreation 40.34
Public Works 2,730.36
Water 1,606.78
Wastewater 1,508.75
Motor Vehicles
Subtotal‐Overtime 28,732.06$
SALARY ADJUSTMENTS
TRAINING / UNIFORM ALLOWANCE 956.11
OTHER EARNINGS 16,673.48
$442,407.10
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 43,879.15
FICA & MEDICARE 33,723.40
STATE INCOME TAX 15,743.64
STATE DISABILITY INSURANCE 3,808.74
GARNISHMENTS 584.76
HEALTH 1,908.32
SUPPLEMENTAL DISABILITY 1,587.60
SECTION 125 2,698.24
PERS 35,929.83
DEFERRED COMPENSATION 11,061.30
ADDITIONAL LIFE INSURANCE 301.92
UNION DUES 2,412.06
PISMO ATHLETIC CLUB 252.50
OTHER
NET PAYROLL $288,515.64
DIRECT DEPOSIT DEDUCTION 279,785.58
NET PAYROLL AFTER ACH DEPOSIT 8,730.06
SUMMARY PAYROLL REGISTER
Council Agenda 9-5-2023 9.B-2
Attachment 1
Packet Page 10
FOR PERIOD ENDING 08/13/23
CHECKS DATED 08/18/23
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 557013‐557020 7
ACH 143
EARNINGS
REGULAR 392,281.35
HOLIDAY 5,348.13
OVERTIME (Includes Comp Time Payouts)26,259.11
Administration
Building
Conference & Visitors Bureau
Police Department 15,543.40
Parking
Engineering
Fire 3,855.09
Recreation
Public Works 598.34
Water 4,461.32
Wastewater 1,800.96
Motor Vehicles
Subtotal‐Overtime 26,259.11$
SALARY ADJUSTMENTS
TRAINING / UNIFORM ALLOWANCE
OTHER EARNINGS 14,329.89
$438,218.48
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 42,034.32
FICA & MEDICARE 33,426.39
STATE INCOME TAX 14,852.05
STATE DISABILITY INSURANCE 3,784.79
GARNISHMENTS 584.76
HEALTH 1,908.32
SUPPLEMENTAL DISABILITY 1,516.49
SECTION 125 2,698.24
PERS 35,325.97
DEFERRED COMPENSATION 10,919.86
ADDITIONAL LIFE INSURANCE 301.92
UNION DUES 2,369.47
PISMO ATHLETIC CLUB 323.50
OTHER
NET PAYROLL $288,172.40
DIRECT DEPOSIT DEDUCTION 279,348.12
NET PAYROLL AFTER ACH DEPOSIT 8,824.28
SUMMARY PAYROLL REGISTER
Council Agenda 9-5-2023 9.B-3
Attachment 1
Packet Page 11
City of Pismo Beach
Final Disbursement List Check Date 07/21/2023
US BANK
ACH/ Vendor Check Check
Check# Number Payee Date Amount Description
ACH 10002 Internal Revenue Service 07/21/2023 113,658.83$ Federal Income Tax PD 07/21/23 ACH 11224 Richards, Watson, Gershon Attorneys At Law 07/21/2023 44,043.62 Professional Legal Services ‐ May 2023 ACH 11305 Public Employees Retirement System 07/21/2023 74,760.53 PERS Retirement EE & ER PD 07/21/23 ACH 12260 dba: Mission Square ICMA Retirement Trust ‐ 457 07/21/2023 23,336.01 ICMA 457 Deferred Comp EE & ER PD 07/21/23 ACH 12305 Franchise Tax Board 07/21/2023 19,863.00 State Income Tax & SDI PD 07/21/23 ACH 12360 CalPERS 457 Plan 07/21/2023 291.67 PERS 457 Deferred Comp EE PD 07/21/23 ACH 12708 dba: Mission Square ICMA Retirement Trust‐Roth IRA 07/21/2023 550.00 ICMA Roth IRA PD 07/21/23 ACH 12944 Leaf 07/21/2023 91.06 Monthly Copier Lease ‐ July 2023 ACH 13455 Wex 07/21/2023 744.00 Fuel for City Vehicles 06/07/23 ‐ 07/07/23 ACH 14547 Quadient, Inc ‐ Postage 07/21/2023 1,000.00 Postage 06/02/2023 126630 11448 2ND Nature LLC 07/21/2023 5,824.34 Stormwater Annual Software Renewal FY24 126631 14078 5‐Cities Community Service Foundation 07/21/2023 81.00 Five Cities Men's Club Dues ‐ 5/2023 126632 10434 Abalone Coast Analytical Inc 07/21/2023 216.00 Water Analysis 7/10/23 & 7/11/23 126633 10446 Achievement House, Inc. 07/21/2023 9,779.55 Litter Removal & Clean Up Services ‐ June 2023 126634 10341 Alliant Insurance Services Inc‐NPB Main 07/21/2023 1,658.00 ACIP Crime Renewal FY23/24 126635 10294 Allstar Fire Equipment 07/21/2023 71.03 Shield Helmet 126636 10640 Allstate Plastics LLC 07/21/2023 2,271.59 Maintenance Supplies 126637 11382 Applied Technology Group, Inc. 07/21/2023 1,414.18 SCADA Equipment Services 126638 12623 AT&T 9391012188 07/21/2023 3,553.93 Phone Bill 06/10/2023 ‐ 07/09/2023 126639 13278 AT&T 9391059148 07/21/2023 1,672.49 Phone Bill 06/10/2023 ‐ 07/09/2023 126640 13460 AT&T Mobility 287284035974 07/21/2023 1,225.13 Wireless Services June 2023 126641 14363 AT&T Mobility 287314925891 07/21/2023 80.48 iPad Service for June 2023 126642 11852 Bill Gaines Audio Inc 07/21/2023 81.56 Generator Rental ‐ Neighborhood Event 6/23/23 126643 14119 Boone Printing & Graphics, Inc. 07/21/2023 2,203.16 Citation Books & Business Cards 126644 14578 Shelby Bowen 07/21/2023 120.00 Instructor: Just Do Something 6/3 ‐ 6/22/23 #11110 126645 13603 Francine Bracamonte 07/21/2023 93.74 Office Supplies 126646 11392 Brenntag Pacific Inc. 07/21/2023 1,739.51 Sodium Bisulfite 126647 10028 Brisco Mill & Lumber Yard 07/21/2023 220.25 Maintenance Supplies 126648 11492 Bunyon Bros. Tree Care, Inc. 07/21/2023 15,040.00 Cypress Tree Pruning at Chapman Estate 126649 10074 Burdine Printing 07/21/2023 367.80 Office Supplies 126650 10626 California Highway Adoption Co 07/21/2023 1,050.00 Highway 101 On/Off Ramp Trash Mitigation ‐ July 2023 126651 11333 California Rural Water Association 07/21/2023 1,507.00 Membership Dues 2/1/23‐2/1/24 126652 14414 California State Disbursement Unit 07/21/2023 584.76 Tax Withholding Order PD 07/21/23 126653 10085 Cannon Associates 07/21/2023 108,191.96 Ocean Blvd CM, Cliff/Ocean RW Support, Paving Project CM & FEMA Support ‐ June 2023 126654 11542 CCI Central Inc 07/21/2023 197.21 Office Supplies 126655 13880 CDCE, Inc. 07/21/2023 145.47 Watch Commander MDC 126656 13951 Central Coast Portables 07/21/2023 157.50 Portable Restroom ‐ Concert 7/7‐7/10/23 126657 11451 Channel Islands Technology Integrators' Group 07/21/2023 14,198.56 Monthly Backup Subscriptions, O365 & Phone Licenses, NetMotion, SunRidge RIMS Install & Professional IT Services 126658 11227 Cole Chrysler Dodge 07/21/2023 3,215.77 Vehicle Maintenance 126659 14445 Consor North America, Inc. 07/21/2023 10,949.27 Bello Price Canyon Signal ‐ June 2023 126660 11184 Copware Inc. 07/21/2023 460.00 Legal Sourcebooks 126661 12378 SLOACTTC County Of San Luis Obispo 07/21/2023 25,664.93 LAFCO Allocation 2023‐24 126662 14624 Cheri Craft 07/21/2023 600.00 Cash for Grass ‐ 759 White Oak 126663 14313 Culligan/Santa Maria 07/21/2023 464.46 Drinking Water June 2023 126664 12307 Department Of Justice 07/21/2023 256.00 Fingerprint Services June 2023 126665 11815 Digital Dolphin Supplies 07/21/2023 278.71 Office Supplies 126666 11222 Drive Customs 07/21/2023 501.75 Vehicle Maintenance 126667 13697 Dudek 07/21/2023 1,685.00 Professional Services GP/LCP 2/25 ‐ 3/31/23 126668 14452 E&M Electric & Machinery, Inc 07/21/2023 17,133.06 SCADA Server Upgrade 126669 11469 Eikhof Design Group Inc 07/21/2023 15,841.95 Development Review Services & Wadsworth Storm Drain ‐ June 2023 126670 UB*01022 MARK & MARCIA FERNANDO 07/21/2023 180.00 Refund Check 017823‐001, 763 WHITE OAK 126671 14360 Fifth Asset, Inc. 07/21/2023 9,750.00 GASB 87 and 96 Compliance & Debt Service 126672 14222 Teresa Franco 07/21/2023 10.71 Reimb: July 4th Laundry 126673 14622 Timothy Fuhs 07/21/2023 821.57 Cash for Grass ‐ 224 Irish Way 126674 13371 GHD Inc. 07/21/2023 2,840.60 Price and Dolliver Intersection Study ‐ June 2023 126675 12062 Robert Gorman 07/21/2023 73.91 Reimb: July 4th Supplies 126676 12952 GSI Water Solutions Inc 07/21/2023 1,677.44 NCMA Annual Report ‐ June 2023 126677 13588 Kenneth John Guge III 07/21/2023 144.00 Instructor: Central Coast Judo 5/8 ‐ 5/31/23 #11152 126678 10751 Haaker Equipment Company 07/21/2023 16,888.09 Emergency Vactor Repair 126679 11487 Hamner, Jewell And Associates 07/21/2023 183.50 Preliminary Acquisition Services 320 Main Street ‐ June 2023 126680 14043 Health & Human Resource Center, Inc. 07/21/2023 130.05 Employee Assistance Program Aug 2023 126681 13385 IPS Group, Inc. 07/21/2023 2,307.95 IPS Transaction Fees ‐ June 2023 126682 12255 Iron Mountain Information Mgmt, Inc 07/21/2023 90.64 Shredding Services‐ 5/24 ‐ 6/27/23 126683 11833 Keylock Security Specialists 07/21/2023 1,143.10 Facilities & Equipment Maintenance 126684 12096 Lee Wilson Electric Co Inc 07/21/2023 345.00 Signal Light Maintenance ‐ June 2023 126685 11586 Liebert, Cassidy & Whitmore 07/21/2023 4,855.00 LCW Consortium Fee and Labor Library FY 23/24 126686 UB*01024 ANTHONY MARTIN (T) 07/21/2023 76.11 Refund Check 009370‐000, 470 SOLAR #B 126687 13645 MDN Engineering, LLP 07/21/2023 2,125.00 FEMA Storm Damage Project Development ‐ May 2023 126688 10097 Miners Hardware 07/21/2023 232.53 Maintenance Supplies 126689 14405 Mission Linen Supply 07/21/2023 610.00 Floor Mats/Uniforms/Rugs/Towels ‐ June 2023 126690 10039 New Times 07/21/2023 213.00 Legal Advertising 126691 14626 Laura Nuzzo 07/21/2023 160.00 Refund: Musical Theatre Camp #11170 126692 14343 ODP Business Solutions, LLC 07/21/2023 1,471.88 Office Supplies 126693 13288 Carlos Pacheco 07/21/2023 745.00 Refund: PBVH Event 7/8/23 Deposit & Cancelled Security Guard 126694 11202 Pavement Engineering, Inc. 07/21/2023 55,530.00 Paving Project ESDC ‐ May/June 2023 126695 14356 Pegasus Architecture, LLC 07/21/2023 536.25 ASDC Chapman ADA Restroom ‐ June 2023 126696 14550 Phillco 07/21/2023 109.90 Soft Water ‐ Station 63 July 2023 126697 12022 Pismo Beach Police Officer's Association 07/21/2023 1,515.30 POA Dues PD 07/21/23 126698 12335 Procare Janitorial Supply Inc 07/21/2023 983.77 Janitorial Supplies 126699 14120 Quincon, Inc. 07/21/2023 32,266.75 Bello Bridge Habitat Mitigation & Monitoring Plan ‐ May 2023 126700 13255 Rib Line 07/21/2023 350.00 Catering ‐ Senior Dance 7/10/23 126701 13201 Rincon Consultants, Inc. 07/21/2023 8,663.04 Central Coast Blue EIR ‐ June 2023 126702 UB*01021 KIMBERLEE ROSEMAN (T) 07/21/2023 70.20 Refund Check 016526‐000, 541 WADSWORTH 126703 14501 Sheila Rothstein 07/21/2023 37.99 Mileage Reimb: 5/5 ‐ 6/28/2023 126704 13051 Micki Salazar 07/21/2023 28.50 Reimb: July 4th Laundry 126705 11208 SEIU Local 620 AFL/CIO 07/21/2023 865.95 SEIU Dues PD 07/21/23 126706 13913 Silvas Oil Co., Inc 07/21/2023 13,909.61 Diesel & Unleaded Fuel Deliveries 6/23/23 & 7/7/23 126707 10093 SLO County Auditor‐Controller 07/21/2023 10,712.50 Phoenix Parking Surcharges May 2023 126708 12570 SLO Roasted Coffee 07/21/2023 79.75 Coffee 126709 14361 Sun Ridge Systems, Inc. 07/21/2023 3,945.00 Reg: RIMSCON 10/8 ‐ 10/13/23 126710 12630 SWCA Environmental Consultants 07/21/2023 4,628.50 Ocean Blvd Monitoring for Paving & Wadsworth Archeological Monitoring ‐ June 2023 126711 11549 Tech Time Communications 07/21/2023 168.00 Quarterly Alarm Monitoring ‐ Station 63 3rd Qtr 2023 126712 UB*01023 TUCKER & JULISSA THOMPSON & OTZOY (T) 07/21/2023 38.75 Refund Check 017799‐000, 250 RIDGE 126713 13442 Thorn Run Partners 07/21/2023 4,500.00 Federal Lobbying Services ‐ July 2023 126714 12301 TK Elevator 07/21/2023 459.66 Elevator Servicing ‐ City Hall 7/1/23 ‐ 9/30/23 126715 12860 Townsend Public Affairs 07/21/2023 4,000.00 State Lobbying Services ‐ July 2023 Council Agenda 9-5-2023 9.B-4
Attachment 2
Packet Page 12
City of Pismo Beach
Final Disbursement List Check Date 07/21/2023
US BANK
ACH/ Vendor Check Check
Check# Number Payee Date Amount Description
126716 14625 Joshua Tucker 07/21/2023 72.00 Instructor: Shotokan Karate 4/4 ‐ 5/30/23 #11238 126717 10971 Giles Clayton Tuckfield 07/21/2023 5,993.75 Water & Wastewater Rate Study June 2023 126718 14623 Kim Uhlorn 07/21/2023 250.00 Refund: Deposit DCP Event 6/10/23 126719 12982 Ultrex Business Products 07/21/2023 3,005.20 City‐Wide, PD Records Copier & Fax Usage May 2023 126720 12041 United Rentals Northwest, Inc 07/21/2023 149.77 Equipment Rental ‐ July 4th 126721 13392 Urban Planning Concepts 07/21/2023 14,040.00 In‐house Planning Services June 2023 126722 14457 Vigilant Solutions, LLC 07/21/2023 25,943.80 Vigilant LPR Cameras 126723 14034 Vital Records Holdings, LLC 07/21/2023 582.89 Document Storage June 2022, March, May & June 2023 126724 12527 Water Systems Consulting Inc 07/21/2023 600.00 NCMA Staff Extension ‐ June 2023 126725 12132 White Flag Pest Control Inc 07/21/2023 647.00 Pest Control 126726 13377 Willdan Financial Services 07/21/2023 4,634.50 UB, A/P & PO review ‐ May 2023 & Comprehensive User Fee Study & Cost Allocation Plan ‐ June 2023 126727 14020 Daniel Barrett Wrage 07/21/2023 2,160.00 Instructor: Beach Volleyball Camp 7/10 ‐ 7/13/23 #11149 126728 12074 Zoll Medical Corporation 07/21/2023 109.91 Medical Supplies Total:777,799.14$
Council Agenda 9-5-2023 9.B-5
Attachment 2
Packet Page 13
City of Pismo Beach
Final Disbursement List Check Date 07/28/2023
US BANK
ACH/ Vendor Check Check
Check# Number Payee Date Amount Description
ACH 10371 Visit SLO County 07/28/2023 161,885.44$ TMD Payments May 2023 ACH 12211 CA. Public Emp Retirement Sys 07/28/2023 108,550.51 Medical Insurance ‐ August 2023 ACH 12944 Leaf 07/28/2023 1,231.19 Monthly Copier Lease July 2023 ACH 14257 Igoe Administrative Services 07/28/2023 4,013.51 IGOE FSA and DDS reimbursement ‐ July 2023 ACH 12636 CALPERS 07/28/2023 133,531.00 CalPERS Plan 976 Safety Fire Tier 1 Plan 126729 10434 Abalone Coast Analytical Inc 07/28/2023 216.00 Water Analysis 7/18 & 7/19/23 126730 11195 Air Pollution Control District‐SLO County 07/28/2023 465.52 Generator‐Station 64 Permit 1588‐1 FY 24 Renewal 126731 11882 Alexander's Contract Services Inc 07/28/2023 3,247.87 Water Meter Reading Services July 2023 126732 10800 Whitney Almaguer 07/28/2023 1,792.00 Instructor: Musical Theatre Camp 7/24‐7/28/23 #11131 126733 14544 Jack Armstrong 07/28/2023 86.50 Reimb: HAZMAT background check 126734 12438 Avila Bay Athletic Club & Spa 07/28/2023 1,246.00 Instructor: Avila Bay Club Camp 7/17 ‐ 7/21/23 #11120 126735 14119 Boone Printing & Graphics, Inc. 07/28/2023 72.29 Business Cards 126736 14402 Carol A. Burner 07/28/2023 866.66 900 Bello Lease ‐ August 2023 126737 14027 Central Coast Landscape Products, Inc. 07/28/2023 381.71 Parks Maintenance 126738 13951 Central Coast Portables 07/28/2023 835.80 Portable Restroom: Price House 5/13‐7/8/23 & Tennis Courts 6/24‐7/22/23 126739 14382 CleanStreet, LLC 07/28/2023 13,662.62 Street Sweeping Services ‐ June 2023 126740 13257 Core & Main LLP 07/28/2023 1,702.38 Water System Meters 126741 14202 Crisp Imaging 07/28/2023 1,178.75 Archiving Building Plans 126742 14217 Deltina Coffee Roasters 07/28/2023 187.50 Coffee 126743 14627 Easy Glider Corp 07/28/2023 3,360.00 Instructor: Summer of Fine Art 7/17 ‐ 7/21/23 #11126 126744 13586 Famcon Pipe & Supply Inc. 07/28/2023 2,299.39 Distribution Maintenance 126745 12123 Farm Supply 07/28/2023 5.82 Maintenance Supplies 126746 12589 Ferguson Enterprises, Inc. 07/28/2023 681.88 Distribution Maintenance 126747 11868 FGL Environmental 07/28/2023 2,419.00 Water Analysis ‐ Huber Well & Organic Analysis 126748 12168 Gregory Dean Gallegos 07/28/2023 360.00 Weed Abatement Services 126749 10806 Hach Company 07/28/2023 752.04 WWTP Lab Supplies 126750 12649 Anthony Hernandez 07/28/2023 207.00 M&IE: ABC Training Conference 8/7‐8/10/23 126751 11706 Shirley Horacek 07/28/2023 840.00 Instructor: Watercolor 7/12‐7/26/23 #11169 126752 12371 Kemira Water Solutions Inc 07/28/2023 11,848.34 Ferrous Chloride 126753 14401 Barbara L. Maraist 07/28/2023 866.67 900 Bello Lease ‐ August 2023 126754 12279 McMaster Carr 07/28/2023 830.00 WW Operational Supplies 126755 14617 Micronics Engineered Filtration Group, Inc 07/28/2023 415.70 WWTP Supplies 126756 10097 Miners Hardware 07/28/2023 1,100.23 Maintenance Supplies 126757 14405 Mission Linen Supply 07/28/2023 1,809.17 Uniforms ‐June 2023 126758 11780 Moondoggies Beach Club, Inc. 07/28/2023 2,592.00 Instructor: Surf Camp 7/11‐7/13/23 #11143 126759 14628 Cesar Morales 07/28/2023 500.00 Refund: Deposit PBVH Event 7/15 126760 14353 Motorola Solutions, Inc. 07/28/2023 3,600.00 Annual Integration CAD‐RMS Package 5/19/23 ‐ 5/18/24 126761 10039 New Times 07/28/2023 106.00 Legal Advertising 126762 12199 Noble Saw, Inc 07/28/2023 227.81 Equipment Maintenance 126763 12099 Pacific Petroleum Corp 07/28/2023 943.70 Emergency call 7/3/23 Vista Del Mar 126764 14403 Betty J. Pratt 07/28/2023 866.67 900 Bello Lease ‐ August 2023 126765 12335 Procare Janitorial Supply Inc 07/28/2023 2,749.77 Janitorial Supplies 126766 10817 PRP Co Dba PRP Companies 07/28/2023 304.82 Office Supplies 126767 13796 ReadyRefresh by Nestle 07/28/2023 406.97 Drinking Water June 2023 ‐Waste Water 126768 11849 Tom Reilly 07/28/2023 3,496.00 Instructor: Ocean Adventure Camp #11135, #11134, #11133 126769 13201 Rincon Consultants, Inc. 07/28/2023 2,676.50 Consultant for EIR for GP/LCP 12/1/22 ‐ 6/30/23 126770 14557 Securitas Technology Corporation 07/28/2023 9,788.45 Maintenance, Monitoring & Service Calls ‐ City Facilities 126771 10913 Siteone Landscape Supply LLC 07/28/2023 731.37 Irrigation & Maintenance Supplies 126772 11722 SP Maintenance Services Inc 07/28/2023 4,413.75 Parking Lot & Street Sweeping Services ‐ July 2023 126773 UB*01025 SHARIE & TODD STRASBURGER (T) 07/28/2023 34.84 Refund Check 018812‐000, 911 VISALIA 126774 11323 Streator Pipe & Supply 07/28/2023 97.74 Parks Maintenance 126775 14361 Sun Ridge Systems, Inc. 07/28/2023 62,895.44 Records Management System 126776 12321 The Gas Company 07/28/2023 1,097.75 Gas Service 6/19 ‐ 7/19/23 126777 13151 Thread Head, Inc. 07/28/2023 2,186.16 Junior Lifeguard Uniforms 126778 12924 Traffic Management Inc 07/28/2023 393.03 Streets Signs 126779 10380 Trinity Cyclery 07/28/2023 23.86 Equipment Maintenance 126780 14535 Troesh Coleman Pacific 07/28/2023 3,062.74 Materials for Oak Park Streetscape 126781 12900 Underground Service Alert of Northern CA & N 07/28/2023 1,485.13 California State Fee for Regulatory Costs 7/1/23‐6/30/24 126782 12041 United Rentals Northwest, Inc 07/28/2023 882.64 July 4th Light Tower 126783 12622 USA Bluebook Acct: 82507 07/28/2023 338.93 WWTP Lab Supplies 126784 12527 Water Systems Consulting Inc 07/28/2023 195,836.30 Central Coast Blue Final Design ‐ June 2023 126785 12132 White Flag Pest Control Inc 07/28/2023 972.00 Pest Control Services 126786 UB*01026 ALEXA HOLGUIN & ZACHARY HOFFMAN (T) 07/28/2023 56.59 Refund Check 017426‐000, 446 STIMSON #D 126787 12897 Zero Waste USA 07/28/2023 9,541.26 Mutt Mitts Total:775,256.71$
Council Agenda 9-5-2023 9.B-6
Packet Page 14
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.C
SUBJECT/TITLE:
MONTHLY INVESTMENT TRANSACTION REPORT OF THE CITY’S CASH AND INVESTMENTS FOR JUNE 2023 OF FY 2022-2023
RECOMMENDATION:
No action recommended; for information only.
BACKGROUND:
This report updates the City Council on the City of Pismo Beach’s monthly transactions of the City’s investment portfolio for the month ending June 30, 2023. California State Government Code Section 53607 states that if the authority of the legislative body to invest or reinvest funds for the City is delegated to the City Treasurer, the City Treasurer shall make a monthly report of those transactions to the legislative body.
The attached report includes all transactions of the City’s investments managed by the City, including funds invested in various securities and the City’s pooled funds invested in various financial instruments.
Attachment 1 provides a summary of the City’s cash, investments, and monthly interest earnings based on book value as of June 30, 2023. Attachment 2 provides details on the investment transactions for the General Fund Reserve and City Pooled Funds A (for deferred capital projects), including: purchases or deposits; sales, maturities, calls or withdrawals; and interest earnings. Attachment 3 provides details of the monthly transactions by fund for City Pooled Funds B (for current year expenditures) for the month ending June 30, 2023.
FISCAL IMPACT:
No fiscal impact from the report itself—information only.
ALTERNATIVES:
1. No Council action is proposed, other than to receive the information.
ATTACHMENTS:
1. Summary Table for ALL Funds, including Book Values and Earnings Data for Investments in Other Financial Instruments
2. For the General Fund Reserve and City Pooled Funds A—Transactions on Investments in Securities
3. For City Pooled Funds B—Summary of monthly transactions by fund Prepared by: Vanessa Garris, Finance Manager Meeting Date: September 5, 2023 Submitted by: Nadia Feeser, Administrative Service Director / City Treasurer Interim City Manager Approval:
Council Agenda 9-5-2023 9.C-1
Packet Page 15
City of Pismo Beach
Investment Name Name of Institution Type of Investment
Current
Earnings
Rate Book Value
Actual Interest
Earned June
2023
Actual Year-to-
Date Interest
Earned Ending
6/30/2023 * Data Sources
General Fund Reserves US Bank CDs/GASs/Corp/
Muni Bonds
2.12% avg 7,903,573 11,279$ 147,860$ 1 City Pooled Funds - A US Bank CDs/GASs/ Corp
Bonds/ Muni Bonds/
US Treasury Note
3.19% avg 42,728,857 105,991 616,518 1
Total All Securities 50,632,430$ 117,270$ 764,378$ City Pooled Funds - B US Bank Custody 0.00%-$ 1,501$ 4,397$ 1 City Pooled Funds - B Local Agency Invest.
Fund
State Investment
Pool
3.15%14,628,763 122,159 420,666 2
City Pooled Funds - B US Bank Checking 0.00%14,256,974 1,700 12,564 3 City Pooled Funds - B 28,885,736$ 125,361$ 437,627$ City Pooled Funds total A + B 71,614,594$ 231,351$ 1,054,145$ Funds Held with Fiscal
Agent
Bond funds:
Wilmington Trust
2017 Pier Project 379$ 377$ 804$ 4 Funds Held with Fiscal
Agent
Bond funds:
Wilmington Trust
2017 CREB's
Project
511 229 505 4
CalPERS Benefit Trust
OPEB Trust Account CalPERS Benefit
Trust Account
Various managed by
CalPERS
4,827,849$ 121,203$ 283,708$ 5 TOTAL, Cash and Investments at June 30, 2023:84,346,905$ 364,440$ 1,487,021$ TOTAL for City Managed Portfolio, Cash and Investments:79,518,166$ 242,631$ 1,202,005$ Notes:
* Data Sources for Book Values and Actual Interest Earned:
1 = Monthly Customer Statement from US Bank
2 = Monthly statement from Local Agency Investment Fund 3 = Monthly reconciled bank statement from US Bank
4 = Monthly statement from Wilmington Trust
5 = Monthly statement from CalPERS Benefit Trust Account Attachment 1: Summary Table for All Funds,
including Book Values and Earnings Data for Investments in Other Financial Instruments Council Agenda 9-5-2023 9.C-2
Attachment 1
Packet Page 16
CITY OF PISMO BEACH
Attachment 2: For the General Fund Reserve and City Pooled Funds A Transactions on Investments in Securities
June 30, 2023
INVESTMENT ACTIVITY
PURCHASES OR DEPOSITS
06/07/23 Purchase Utah Community Credit Union 245,000$
06/14/23 Purchase Customers Bank 245,000
06/16/23 Purchase Medallion Bank Utah 245,000
Total 735,000$
SALES, MATURITIES, CALLS OR WITHDRAWALS
No Activity -$
Total -$
ACTIVITY TOTAL 735,000$
INTEREST REVENUE
GENERAL FUND RESERVE INVESTMENTS
Interest Earned on Investments 11,279$
POOLED INVESTMENTS
Interest Earned on Investments 105,991$
TOTAL INTEREST EARNED 117,270$
Data Source: Monthly Download of Transactions from US Bank Council Agenda 9-5-2023 9.C-3
Attachment 2
Packet Page 17
Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending: 6/30/2023 Bank Account Description Bank ID
Beginning
Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
General Checking US Bank 13,704,470$ 4,618,788$ (3,450,056)$ 118,771$ (735,000)$ 14,256,974$ LAIF LAIF 14,628,763 -- - - 14,628,763
Total all Bank Accounts 28,333,233$ 4,618,788$ (3,450,056)$ 118,771$ (735,000)$ 28,885,736$ Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
General Fund
General Fund 1001-10101 4,270,190 (1,078,735) (1,453,049) - - 1,738,406 General Fund-Reserve 1001-10105 15,947 11,517 - - - 27,464 Half Cent Sales Tax Fund 1002 324,561 849,325 - - - 1,173,886 Special Revenue Funds
Gas Tax Fund 2001 309,376 (104,659) - - - 204,717 LTF - Streets 2002 430,814 (56)- - - 430,758
PEG Access Fund 2003 88,764 -(100) - - 88,664
Police Grant Fund 2004 222,009 (89,913) - - - 132,096 Housing In Lieu Fund 2005 1,427,631 1,091 - - - 1,428,722 LBID Fund 2006 2,282,100 205,573 (260,575) - - 2,227,099 Chapman House 2007 8,622 140,813 (18,497) - - 130,938 Capital Projects Funds
Capital Projects Fund 3001 305,858 2,188,811 (666,652) - - 1,828,017 Public Facilities Fund 3002 876 -- - - 876
Park Development Fund 3003 336,944 15,263 - - - 352,207 Circulation Fund 3101 303,814 (3,345) - - - 300,469 Development Impact Fee Fund 3102 508,265 17,694 - - - 525,960 Developer Impact Fee Fund 3103 166,852 -- - - 166,852 Underground Utility Fund 3201 16,495 -- - - 16,495 Council Agenda 9-5-2023 9.C-4
Packet Page 18
Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending: 6/30/2023 Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
Debt Service Funds
Public Finance Authority Fund 4001 - - - - - - Public Finance Authority Fund 4002 - - - - - - Freeway Foothills AD Fund 4101 763 - - - - 763 Spyglass AD Fund 4102 12,706 - - - - 12,706 Indio-El Portal AD Fund 4112 738 - - - - 738 Visalia Street AD Fund 4113 1,278 394 - - - 1,672 Enterprise Funds
Water Enterprise/Tax Fund 6101/6102 2,669,516 483,821 (223,686) - - 2,929,651 Water Construction Fund 6103 623,774 214,132 (14,117) - - 823,789 Water Expansion Fund 6104 820,549 15,872 - - - 836,420 Wastewater Enterprise Fund 6201 3,441,831 697,353 (381,603) - - 3,757,581 Wastewater Construction Fund 6202 1,267,571 131,000 - - - 1,398,571 Wastewater Expansion Fund 6203 1,909,520 25,683 - - - 1,935,203 LTF - Transit Fund 6301 28,271 (75) - - - 28,196 Pier Operations Fund 6401 17,564 6,393 (9,783) - - 14,175 Parking Fund 6501 2,906,495 268,383 (127,379) - - 3,047,499 Internal Service Funds
Technology Service Fund 7101 (23,924) 130,558 (91,069) - - 15,565 Motor Vehicle Fund 7201 2,244,910 (324,148) (50,890) - - 1,869,872 Trust & Agency Funds
SLO County TMD 8201 185,302 165,693 (185,167) - - 165,828 Control Funds
Payroll Control Fund 9301 960,734 1,286 63,181 - - 1,025,200 Interest Control Fund 9302 3,257 1,700 - - - 4,956 Utility Billing Control Fund 9304 243,257 467 - - - 243,723 M/R Control Fund 9305 - - - - - - Total all cash funds 28,333,233 3,971,889 (3,419,386) - - 28,885,736 Council Agenda 9-5-2023 9.C-5
Attachment 3
Packet Page 19
Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending: 6/30/2023 Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
INVESTMENTS
General Fund
General Fund Money Mrkt Csh 1001-10108 0 - - - - 0 General Fund - CD's 1001-10404 5,380,440 735,000 - - - 6,115,440 General Fund - Fed Agency 1001-10405 4,049,000 - - - - 4,049,000 GF - Half Cent Sales Tax CD's 1002-10404 1,225,000 (490,000) - - - 735,000 GF - Half Cent Sales Tax Fed Ag1002-10405 500,000 - - - - 500,000 GF - Half Cent Sales Tax Mny M1002-10108 0 - - - - 0 GF Reserve Money Mkt Cash 1001-10109 0 - - - - 0 GF Reserve - CD's 1001-10403 3,182,560 - - - - 3,182,560 GF Reserve - Fed Agency 1001-10402 2,208,000 - - - - 2,208,000 GF Reserve - Building 1001-10406 202,000 - - - - 202,000 GF Reserve - Building - Federal A1001-10146 298,000 - - - - 298,000 GF Reserve - Risk Mgmt - CD's 1001-10407 150,000 - - - - 150,000 GF Reserve - Risk Mgmt - Fed A 1001-10140 50,000 - - - - 50,000 GF Corp Bond - Pooled 1001-10141 529,143 - - - - 529,143 GF Corp Bond - Reserve 1001-10145 500,000 - - - - 500,000 GF Municipal Bonds Pooled 1001-10142 331,595 571,288 - - - 902,883 GF Municipal Bonds Reserve 1001-10143 1,263,013 - - - - 1,263,013 Risk Mgmt Muni Bonds Reserve 1001-10144 50,000 - - - - 50,000 Half Cent Sales Tax - Pooled 1002-10141 - - - - - - Half Cent Sales Tax - Muni Bond 1002-10142 571,288 (571,288) - - - - GF CREB's Fiscal Agent 1001-10515 (0)-- - - (0)
GF Treasury Note 1001-10410 12,899,891 - - - - 12,899,891 Special Revenue Funds
Housing In Lieu - Mny Mkt Csh 2005-10108 (0)-- - - (0) Housing In Lieu Fund 2005-10404 630,000 -- - - 630,000 Housing In-Lieu Fed Agencies 2005-10405 140,000 -- - - 140,000 Housing In-Lieu Treasury Note 2005-10410 922,266 -- - - 922,266 Capital Projects Funds
Park Develop. Fund Mny Mkt 3003-10108 - - - - - - Park Development Fund 3003-10404 - - - - - -
Park Develop Federal Agencies 3003-10405 - - - - - - Circulation Fees Mny Mkt 3101-10108 - - - - - - Circulation Fees 3101-10404 - - - - - -
Develop. Impact Fee Mny Mkt 3102-10108 0 - - - - 0 Development Impact Fee Fund 3102-10404 245,000 - - - - 245,000 Impact Fees Federal Agencies 3102-10405 - - - - - - Council Agenda 9-5-2023 9.C-6
Attachment 3
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Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending: 6/30/2023 Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
INVESTMENTS
Debt Service Funds
Public Fin Fiscal Agent-Pier 4002-10510 121,308 (120,929) - - - 379 Public Fin Fiscal Agent-CREBs 4002-10515 73,557 (73,046) - - - 511 Visalia Street CD's 4113-10404 100,000 - - - - 100,000 Enterprise Funds
Water Fund Money Mrkt Csh 6101-10108 0 - - - - 0 Water Fund CD's 6101-10404 490,000 - - - - 490,000 Wtr Fund Federal Agencies 6101-10405 2,155,000 - - - - 2,155,000 Wtr Fund Corp Bond - Pooled 6101-10141 - - - - - - Water Fund Treasury Note 6101-10410 1,000,000 - - - - 1,000,000 Water Construction Money Mkt 6103-10108 (0)-- - - (0) Water Construction 6103-10404 504,363 -- - - 504,363 Wastewater Fund Money Market 6201-10108 0 -- - - 0 Wastewater Fund CD's 6201-10404 490,000 -- - - 490,000 Wastewater Fund Fed Agencies 6201-10405 2,100,000 -- - - 2,100,000 WWtr Fund Corp Bond - Pooled 6201-10141 1,062,000 -- - - 1,062,000 WWtr Fund Treasury Note 6201-10410 1,000,000 -- - - 1,000,000 Parking Enterprise Money Mrkt 6501-10108 (0)-- - - (0) Parking Fund Corp Bond-Pooled 6501-10141 500,000 -- - - 500,000 Parking Enterprise 6501-10404 980,000 -- - - 980,000 Parking Fund Federal Agencies 6501-10405 1,750,000 -- - - 1,750,000 Parking Fund Treasury Note 6501-10410 902,872 -- - - 902,872 Internal Service Funds
MVR Fund Money Mrkt Csh 7201-10108 0 - - - - 0 MVR Fund CD's 7201-10404 1,036,000 490,000 - - - 1,526,000 MVR Fund Federal Agencies 7201-10405 500,000 - - - - 500,000 CalPers Benefit Trust
OPEB Trust Account 8101-10408 4,707,647 120,202 - - - 4,827,849 Total all Investments 54,799,942$ 661,227$ -$ -$ -$55,461,168$ Total all Funds 83,133,174$ 4,633,116$ (3,419,386)$ -$ -$84,346,905$ Council Agenda 9-5-2023 9.C-7
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.D
SUBJECT/TITLE:
FISCAL YEAR 2023 FOURTH QUARTER FINANCIAL STATUS REPORT RECOMMENDATION:
Receive as information only. No actions are requested or recommended.
EXECUTIVE SUMMARY:
This report updates the City Council on the City’s financial status for the fiscal year ending on June 30, 2023, based on preliminary actual revenues and expenditures during Fiscal Year (FY) 2023.
Overall, the City's financial position is stable, with sufficient fund balances. The projected unassigned fund balance for the General Fund at the end of FY 2023 is $12.43 million, representing an increase of $5.95 million from the previous fiscal year. This increase is primarily due to the projected net operating surplus of $7.73 million in FY 2023, and offset by setting aside $1.41 million of transient occupancy tax (TOT) revenues for the future Public Safety Facility project, which contributes to the ending unassigned fund balance.
For most of the City's other funds, revenues and expenditures are expected to remain on budget, and the projected ending fund balances are consistent with the FY 2024 Adopted Budget beginning fund balances. All funds have sufficient balances and projected revenues to cover estimated expenditures.
The report includes a detailed analysis of the General Fund financial situation, followed by a summary and highlights of the City's other funds.
I. General Fund Budget Summary
In summary, based on preliminary and projected actual revenues and expenditures during FY 2023, the General Fund is expected to end FY 2023 with a $12.43 million unassigned fund balance. This represents an increase of $2.89 million compared to the FY 2023 Revised Budget. The increase is due to projected expenditure savings of $3.58 million, projected operating revenues of $888 thousand, and projected one-time revenues of $68 thousand, compared to the Revised Budget. This is offset by setting aside 1% of the total 11% TOT revenues received, or $1.41 million, for the future Public Safety Facility, and the contribution of $248 thousand to Reserves.
The unassigned fund balance will be used to pay for future one-time investments outlined in the FY 2023 budget, the FY 2024 and FY 2025 Adopted Budgets, and the 10-year Capital Improvement Plan. Additionally, a portion of the unassigned fund balance will be allocated to pay for a portion of the Public Safety Facility, which would reduce ongoing borrowing costs.
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Furthermore, the General Fund includes a Budget Stabilization Reserve set-aside of $2.00 million.
Table 1. FY 2023 General Fund Budget Summary
II.General Fund Beginning Fund Balance
The General Fund beginning fund balance is comprised of two different components:
the unassigned fund balance, which are funds that are not committed for any specific purpose and could be used for various one-time projects, and the committed or carryforward fund balance, which are funds that are committed for a specific budgeted use.
As illustrated in the following table, the FY 2023 Adopted Budget General Fund beginning fund balance was projected to be $9.19 million. Based on changes during FY 2022 and carrying forward fund balance to cover previously budgeted but not-yet-spent expenditures, the fund balance is revised to $25.73 million. This includes $8.47 million of unassigned fund balance and $17.26 million of carryforward fund balances.
AB CD = C - B
($ thousands)
FY 2022
Actuals
FY 2023
Revised
Budget
FY 2023 Year-
End Projected
Actuals
Variance
(Actuals-
Budget)
Unassigned Fund Balance 14,225$ 8,469$ 8,469$ -$ Committed Fund Balance 3,976 17,259 17,259 -
a Beginning Fund Balance 18,200 25,727 25,727 -
b Operating Revenues 32,502 31,369 32,257 888
c Operating Expenditures 23,411 28,111 24,527 (3,584) d = b - c Net Operating Surplus/(Deficit) 9,092 3,258 7,730 4,473 e One-time Revenues 1,250 301 368 68
f One-time/Capital Expenditures 3,054 17,747 8,090 (9,657) g =
a+d+e-f Ending Fund Balance 25,488$ 11,539$ 25,736$ 14,198$ Unassigned Fund Balance 6,474$ 9,539$ 12,425$ 4,292$ Committed Fund Balance 17,259 - 9,657 9,657
Contribution to Reserves (245) - 248 248
Budget Stabilitation Set-Aside 2,000 2,000 2,000 -
TOT 1% Set-Aside for PSF 1,406
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Table 2: FY 2023 General Fund, Beginning Fund Balance
III. General Fund Reserve
The City maintains various General Fund reserves totaling $7.92 million for emergency operations, building depreciation, and risk management. These reserves are crucial in order to avoid disrupting the City’s operations following unanticipated events. The reserves are shown in the table below, followed by a summary of each reserve.
Table 3: General Fund Reserves
Reserve Amount ($ thousands)
General Fund 25% Reserve $7,170
City Building Reserve 500
Risk Management Reserve 250
Total $7,920
General Fund 25% Reserve
The City has adopted a fiscal policy to fund a General Fund Reserve of 25% of General Fund budgeted annual operating expenditures for FY 2023. The General Fund reserve should be equal to $7.03 million, which is 25% of the total FY 2023 budgeted annual operating expenditures of $28.11 million. Currently, the General Fund Reserve is $7.17 million, of which $7.15 million is invested in various securities and $16 thousand is pending investment. This reserve allows the City to maintain its operations for a few months in the event that an emergency or disaster impacts the City’s finances. The City Treasurer will be investing an additional $248 thousand to meet the 25% operating expenditure budget in FY 2024.
City Building Reserve
The Council created a City Building Reserve of $500 thousand, for the maintenance and upkeep of City facilities and buildings, particularly if funds are not available. This amount is equal to five years of annual depreciation on City-owned buildings.
Risk Management Reserve
The City Council established a Risk Management Reserve, contributing $50 thousand each year to the budget for unanticipated risk management costs. This reserve has a balance of $250 thousand, which is the maximum contribution level. ($ thousands)
Adopted
Budget
Budget
Revisions Actuals
Unassigned Fund Balance 9,185$ (717)$ 8,469$
Capital Funds Carryforward 16,246 16,246
Purchase Orders Carryforward 963 963
Prepayment Carryforward 50 50
Total Fund Balance 9,185$ 16,542$ 25,727$
$17,259
Carryforward
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IV. General Fund Revenues
The FY 2023 Revised Budget revenues total $32.69 million. FY 2023 projected actual revenues are $32.28 million, or $416 thousand less than budget. Compared to the previous year, FY 2023 projected actual revenues are $1.48 million, or 4.4%, less than FY 2022. This decrease over the prior year is largely due to a projected reduction of $1.53 million in Transient Occupancy Tax revenues compared to the previous fiscal year, and the one-time revenue of the American Rescue Plan Act of 2021 that was received in FY 2022 in the amount of $976,980. The table below summarizes the General Fund revenue budget and projected actual revenues for FY 2023, which is followed by a brief discussion of the top three FY 2023 projected actual sources of revenues.
Table 4. FY 2023 General Fund Revenue Budget and Projected Actuals Transient Occupancy Tax (TOT) revenues are projected to be $1.51 million less than budget and are projected to be $1.53 million, or 9.0%, less than the previous year’s TOT revenues. TOT revenues are generated by charging 11% of the rent for all lodging businesses that provide occupancy for a period of 30 consecutive days or less. This decrease in TOT revenues reflects a significant drop in revenues received during FY 2023.
The decrease in TOT revenues can be attributed to double-digit percentage declines in TOT revenues from December 2022 through March 2023 compared to the same months in the previous fiscal year. This was largely due to the atmospheric river that caused flooding in California, resulting in fewer visitors to the beach. Additionally, the abundance of snow in the mountains served as an attractive alternative to visiting the beach. The following chart further illustrates FY 2023 TOT revenues collected in comparison to FY 2022.
A B C D = C - B E = C - A F = C/A-1
($ thousands)
Revenue Category
FY 2022
Actuals
FY 2023
Revised
Budget
FY 2023
Projected
Actuals
Variance
(Projected
Actuals -
Revised
Bdgt)
Variance
(FY23 Proj
Act - FY22
Actuals)
% Variance
(FY23 Proj
Act v FY22
Actuals)
Proj
Actual
% of
Total
Transient Occupancy Tax 17,011$ 16,990$ 15,480$ (1,510)$ (1,531)$ -9.0% 47.4% Property Related Taxes 6,480 6,588 6,933 345 453 7.0% 21.3% Sales and Use Tax 4,089 3,650 3,947 297 (142) -3.5% 12.1% Other revenues 1,465 1,853 2,109 256 643 43.9% 6.5% Permits 1,356 1,256 1,327 71 (29) -2.2% 4.1%
Departmental Revenues 625 760 856 95 230 36.9% 2.6% Franchise Taxes 688 631 800 169 112 16.3% 2.5% Business Tax 241 211 290 79 49 20.3% 0.9%
Transfers In 140 140 140 - - 0.0% 0.4%
Grants 44 93 51 (42) 6 0.0% 0.2%
Other Finan Sources 47 92 114 22 66 139.2% 0.3% Other Taxes 218 78 158 80 (60) -27.5% 0.5%
Intergovernmental Revenue 97 48 52 4 (44) -45.8% 0.2% Total Operating Revenues 32,502$ 32,390$ 32,256$ (134)$ (246)$ -0.8% 98.9% One-time Revenues 1,250 301 368 68 (882) -70.5% 1.1% Total Revenues 33,752$ 32,691$ 32,625$ (66)$ (1,127)$ -3.3% 100.0% Council Agenda 9-5-2023 9.D-4
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Chart 1. TOT Revenues FY 2023 compared to FY 2022
Data obtained from Smith Travel Research Inc., a provider of competitive benchmarking, information services, and research to the hotel industry, indicates that the decrease in TOT revenues is largely due to a decrease in occupancy rates and room revenue. On average, occupancy rates decreased by 5.0% during FY 2023, compared to the same period in the previous fiscal year. Additionally, the average daily rate decreased by 5.8% during FY 2023, compared to the same period in the previous fiscal year.
Based on these trends, staff projects that TOT revenues will reach $15.48 million, representing a $1.51 million shortfall from the budgeted amount, and a 9.0% decrease from the previous year's TOT revenues.
Property-related tax revenues are projected to be $245 thousand greater than budget and $453 thousand, or 7.0%, greater than previous year’s property-related tax revenues. There are two sources of property-related tax revenues:
o Property Tax Assessed Value revenues: equivalent to 1% of assessed values o Property Tax In-Lieu of Vehicle License Fees: 1% tax on the market value of a registered vehicle.
Assessed value cannot increase by more than 2.0% per year per Section 2 of Article XIIIA of the California Constitution. However, the San Luis Obispo County Auditor- Controller’s office is projecting assessed values to increase by 4.0%. This reflects supplemental assessments (new construction and change in ownership) and the recovery of Proposition 8 reductions which can increase assessed values over the
2.0% per year rate. About half of the Proposition 8 reductions remain to be recovered, which means property tax revenues should continue to increase above the 2.0% per year rate if property values continue to rise at their current pace. -
500,000
1,000,000
1,500,000
2,000,000
2,500,000
TO
T
A
m
o
u
n
t
FY 2022
FY 2023
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Sales and Use Tax revenues are projected to be $297 thousand greater than budget and $142 thousand, or 3.5%, less than the prior year. Sales and use tax revenues are made up of two sources:
o Bradley-Burns uniform sales and use tax, which is a 1.0% tax on taxable sales within the City.
o Public safety tax, which is a 0.5% tax on taxable sales for specified public safety purposes.
Based on actual sales tax received to date, the Bradley-Burns uniform sales and use tax is expected to be $284 thousand greater than budget, but $136 thousand less than the prior year. Based on actual revenues received to date and projections from the City’s sales tax consultant, City staff estimates that Bradley Burns sales and use tax revenues will be $3.83 million. The following chart illustrates sales tax revenues received in FY 2022 and FY 2023 by the month in which the sales tax was collected, showing a decrease of 3.4% compared to the previous year.
Chart 2. Bradley Burns Sales Tax Revenues FY 2023 compared to FY 2022 The public safety sales tax revenues are budgeted at $106 thousand in FY 2023 and are anticipated to be $119 thousand, or $12 thousand greater than budget. This FY 2023 projected amount is $6 thousand less than the FY 2022 public safety sales tax revenues.
In summary, sales and use tax revenues are projected to be $297 thousand greater than budget and $142 thousand, or 3.5%, less than the prior year.
V. General Fund Expenditures
The FY 2022 Revised Budget expenditures total $45.86 million and projected actual expenditures total $32.62 million. Operating expenditures are projected to be $3.58 million less than the Revised Budget. About $258 thousand of these expenditure savings will be carried forward to next year, leaving $3.33 million of savings that contribute to the ending unassigned fund balance. One-time capital costs are projected to be $9.66 million $-
$100,000
$200,000
$300,000
$400,000
$500,000
Sa
l
e
s
T
a
x
A
m
o
u
n
t
FY 2022
FY 2023
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less than budget based on the timing of cash flow for these one-time projects. These savings will be carried forward to the next year and do not contribute to an increase in fund balance.
Table 5. FY 2023 General Fund Expenditure Budget and Projected Actuals VI. General Fund Contingency Budgets
General Contingency
The FY 2023 Adopted Budget included $1.00 million in the General Fund general contingency account that may be used for various one-time items that come up during the year. Of this amount, $967 thousand of this appropriation was allocated, leaving $33 thousand remaining. Details of the allocation are provided in the following table.
AB CD = B - C
($ thousands)
Expenditure Category
FY 2022
Actuals
FY 2023
Revised
Budget
FY 2023
Projected
Actuals
Variance
(Revised
Bdgt -
Projected
Actuals)
Proj
Actual
% of
Total
Salaries & Wages 7,685$ 9,454$ 8,317$ 1,137$ 25.5% Benefits 5,726 5,880 5,302 578 16.3%
Professional Services 3,566 5,149 4,298 852 13.2% Contract Services 2,533 3,110 2,719 391 8.3%
Operations & Maintenance 1,583 1,515 1,341 175 4.1% Other Expenses 788 1,112 856 256 2.6%
Transfers Out 503 718 676 41 2.1%
Retiree Medical Insurance 450 475 443 33 1.4%
Debt Service 434 432 432 0 1.3%
Other Financing Uses 125 169 143 27 0.4%
Capital Projects 17 95 2 94 0.0%
Total Operating Expenditures 23,411$ 28,111$ 24,527$ 3,584$ 75.2% One-time Capital Costs 3,054 17,747 8,090 9,657 24.8% Total Expenditures 26,465$ 45,858$ 32,617$ 13,241$ 100.0% Council Agenda 9-5-2023 9.D-7
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Table 6: FY 2023 General Fund General Contingency Budget Council Contingency
The FY 2023 Adopted Budget also includes a $5 thousand City Council contingency appropriation that may be used for various one-time items that come up during the year.
None of this contingency has been allocated through the third quarter of FY 2023.
VII. Next Level Budget
The FY 2023 Adopted Budget includes $400 thousand in the General Fund non- department contract services account that may be used for various “next-level” contract services. Of this amount, $396 thousand of this appropriation is allocated, leaving $4 thousand remaining. Details of the allocation are provided in the following table.
Table 7: FY 2023 Next-Level Budget
Beginning Balance July 1, 2022 1,000,000$
Appropriations
Janitorial Services (59,984)
Fireworks Waiver July 4, 2022 (5,449)
Street Sweeping Agreement (60,488)
City Hall/Corp Yard Improvement (82,000)
Fingerprinting Machine Replacement (9,900)
North Shell Beach Drain Project (69,120)
Support projected actual costs over budget (679,814)
Total Appropriations (966,755)
Ending Balance as of June 30, 2023 33,245$
Beginning Balance July 1, 2022 400,000$
Appropriations
Records Scanning for Community Development (36,000)
Public Interactive Digital Budget Book and Budget In
Brief (10,000)
Price House Landscaping (35,000)
Pothole Repairs (40,000)
Two Maintenance Workers and EV Utility Truck (225,000)
Community Drinking Fountains (50,000)
Total Appropriations (396,000)
Ending Balance as of June 30, 2023 4,000$
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VIII. Other Funds
The following table reflects fund balance, projected revenue, and projected expenditure activity in the City’s other funds. For most funds, revenues and expenditures are projected to be on budget and the ending fund balances are in line with the FY 2024 Adopted Budget beginning fund balances.
Table 8. Other Funds
AB CD = B ‐ CE = A + DFG = E ‐ F
Fund
Type Fund Fund Title
Beginning
Fund Balance
Projected
Actual Revenue
Projected Actual
Expenditure Net Rev ‐ Exp
Projected
Ending Fund
Balance Carryforward
Unrestricted
Fund Balance
General Operating Funds
1001 General Fund 25,727,499 32,625,451 32,616,786 8,665 25,736,164 9,657,222 14,424,630 1002 Half‐Cent Sales Tax Fund 4,735,902 2,063,691 3,664,615 (1,600,924) 3,134,978 1,941,888 1,193,090 Special Revenue Funds
2001 Gas Tax Fund 92,009 364,102 205,231 158,871 250,880 ‐ 250,880 2002 Local Transportation 317,181 278,688 173,388 105,300 422,481 299,935 122,546 2003 PEG Fund 166,492 31,410 133,991 (102,581) 63,911 27,987 35,924 2004 Grants‐NonCapital 343,801 102,202 366,984 (264,782) 79,019 79,017 2 2005 Housing In Lieu Fee 3,404,394 39,066 1,142,708 (1,103,642) 2,300,752 1,636,115 664,637 2006 LBID Operations 864,743 1,415,483 1,548,273 (132,790) 731,953 16,000 715,953 2006 LBID Improvements (568,864) 1,415,483 339,580 1,075,903 507,039 ‐ 507,039 2007 Chapman Estate 34,433 184,340 138,176 46,164 80,596 ‐ 80,596 Capital Project Funds
3001 Capital Projects (463,088) 15,618,216 15,093,217 524,999 61,910 61,910 ‐ 3002 Public Facilities Fund 849 7 ‐ 7 856 ‐ 856 3003 Park Development Fund 291,042 151,090 100,926 50,164 341,206 145,029 196,177 3101 Circulation Fees 603,543 70,352 387,835 (317,483) 286,060 89,960 196,101 3102 Impact Fees 637,875 159,309 1,418 157,891 795,766 (0) 795,766 3103 Developer Impact Fee 57,259 1,318 ‐ 1,318 58,577 ‐ 58,577 3201 Underground Utility Fnd 15,979 130 ‐ 130 16,110 ‐ 16,110 Debt Service Funds
4001 PFA Debt Service ‐ 392,863 392,863 ‐ ‐ ‐ ‐ 4002 PF Agency Debt 57 708,386 707,554 832 889 ‐ 889 4101 Reass 92‐1 Fwy Fthlls 739 6 ‐ 6 745 ‐ 745 4102 Spyglass 92‐4 12,308 100 ‐ 100 12,409 ‐ 12,409 Enterprise Funds
6101 Water Enterprise 5,107,388 7,162,512 5,545,666 1,616,846 6,724,234 6,724,234 ‐ 6102 Water Tax (Lopez/State) 139,495 1,951,176 1,881,265 69,911 209,406 209,406 ‐ 6103 Water Construction Fund 1,062,040 243,779 228,420 15,360 1,077,400 1,077,400 ‐ 6104 Water Expansion Fund 1,177,239 109,218 474,577 (365,359) 811,880 811,880 ‐ Water Enterprise Funds 7,486,162 9,466,685 8,129,927 1,336,758 8,822,920 8,822,920 ‐ 6201 Wastewater Treatment 7,743,324 8,747,077 6,903,394 1,843,683 9,587,007 9,587,007 ‐ 6202 Wastewater Capital Proj 1,158,972 245,105 165,635 79,470 1,238,442 1,238,442 ‐ 6203 Wastewater Expansion 1,927,321 192,888 220,185 (27,296) 1,900,024 1,900,024 ‐ Wastewater Enterprise Fund 10,829,616 9,185,071 7,289,214 1,895,857 12,725,473 12,725,473 ‐ 6301 Local Trans Transit 28,113 226 900 (674) 27,439 27,439 ‐ 6401 Pier Enterprise 85,844 77,509 84,950 (7,441) 78,404 78,404 ‐ 6501 Parking Enterprise 5,565,297 2,484,354 938,486 1,545,868 7,111,165 4,011,048 3,100,117 Internal Service Funds
7101 Technology Service Fund 479,061 1,022,228 1,054,707 (32,480) 446,581 ‐ 446,581 7201 Motor Vehicle Fund 3,613,438 1,212,008 1,224,859 (12,852) 3,600,587 1,491,656 2,108,930 Council Agenda 9-5-2023 9.D-9
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Highlights of Other Funds
Half-Cent Sales Tax Fund (1002)
The Half-Cent Sales Tax Fund is part of the General Fund which includes a 0.50% transaction sales and use tax. This tax was approved by Pismo Beach voters in June 2008, effective October 1, 2008, and renewed in November 2014, which extends the tax to March 31, 2027. The tax proceeds are used exclusively for infrastructure projects. This fund started the year with a $4.74 million beginning fund balance (after including carryforward fund balances). Projected actual revenues are $2.06 million. Projected actual expenditures are $3.66 million. After accounting for a $1.94 million carryforward of project budgets, there is a projected $1.19 million projected ending fund balance in this fund. The following table lists the budgeted projects in this fund for FY 2023.
Table 9: Half-Cent Sales Tax Fund FY 2023 Budgeted Projects and Projected Actuals Gas Tax Fund (2001)
The Gas Tax Fund is a Special Revenue Fund whose revenues include State gas tax funds based on the State’s apportionment formula. These funds are used for City street light costs, City traffic signal maintenance costs, and street repairs and/or capital improvements. This fund started the year with a $92 thousand beginning fund balance (after including carryforward fund balances). Projected actual revenues are $364 thousand and projected actual expenditures are $205 thousand for the Paving project.
Based on the projected revenues and expenditures for the current year, there is a $251 thousand projected ending fund balance in this fund.
Local Transportation Fund (2002)
The Local Transportation Fund is a Special Revenue Fund whose funds are used for construction and maintenance of streets, bluff protection, and beach access. Revenues for this fund consist of State Transportation Development Act funds, which remain after funds are allocated for regional transit, local transit, and Ride-on services. Projected actual revenues are $279 thousand and $173 thousand of expenditures are budgeted for the Paving Project. Based on the projected revenues and expenditures for the current year, and after carrying forward $300 thousand to next fiscal year, there is $123 thousand projected ending fund balance for this fund.
Projects FY 2023 Budget
FY 2023 Projected
Actuals
Paving Project $ 4,885,098 $ 3,357,209 Signalize Bello/Price Canyon Rd 389,000 -
Tennis Court relocation 99,737 99,737
North Shell Beach Storm Drain 196,800 196,800
City Hall Parking Lot 25,000 -
Cliff Ave and Ocean Blvd Storm Drain 10,869 10,869
Total $ 5,606,504 $ 3,664,615
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Public Education Government Fund (2003)
The Public, Educational, and Governmental (PEG) Access Fee Fund includes revenues from a PEG Access Fee collected from cable television providers (i.e. Charter Communications) with franchise operations within city limits. Expenditures include capital costs related to governmental cable broadcasting and equipment. Based on projected revenues of $31 thousand and projected expenditures of $134 thousand, the PEG Fund is expected to end the year with a $36 thousand fund balance.
Housing In-Lieu Fund (2005)
The Housing In-Lieu Fund is a Special Revenue Fund with revenues from a development impact fee paid to the City as an alternative to the production of affordable housing (housing in-lieu fee). These funds are used for the acquisition, construction, or rehabilitation of affordable housing. The fund is projected to have $665 thousand of funds available by the end of the year for this purpose.
Lodging Business Improvement District Fund (2006) Operations The Pismo Beach Lodging Business Improvement District (LBID) Fund for operations reflects a 1% assessment on transient rents at transient lodging providers as revenues and budgeted expenditures to promote Pismo Beach lodging businesses. The LBID Fund started the year with a $865 thousand beginning fund balance. City staff projects that LBID assessment revenues and interest earnings will be $1.42 million. Operating expenditures are projected at $1.55 million. The fund is expected to end the year with a $716 thousand unrestricted fund balance.
LBID Fund (2006) Improvements
The LBID Fund for improvements includes a 1% assessment for physical improvements, in particular the Pier Plaza project. The LBID Fund started the year with a negative $569 thousand beginning fund balance after including a $2.32 million remaining balance on the interfund loan payable to the Motor Vehicle Replacement (MVR) Fund and pre-funding the Pier Plaza project in FY 2020 and FY 2021. City staff projects that LBID assessment revenues and interest earnings will be $1.42 million. Expenditures include $300 thousand for the Spyglass Sidewalk under the US 101 as part of the Paving Project, $29 thousand for the beach swing replacements at Main and Addie Streets, and $11 thousand for interest costs on the interfund loan. The third and final interfund loan payment is expected to be $1,077,042. The fund is expected to end the year with a positive $507 thousand unrestricted fund balance. This amount, plus FY 2024 projected assessment revenues are anticipated to support replacement beach wheelchairs and Addie Street improvements and the new restroom project.
Chapman Estate Fund (2007)
The Chapman Estate Fund reflects donations or other contributions for the Chapman Estate as revenues and ongoing maintenance and one-time infrastructure improvements to the Chapman Estate as expenditures. The fund started the year with $34 thousand and is expected to receive $184 thousand of revenues, including $82 thousand from the General Fund for Chapman Estate improvements and the Chapman Inventory projects and $90 thousand from the General Fund to support operations. Proposed private event Council Agenda 9-5-2023 9.D-11
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revenues are not anticipated at this time until the accessible restrooms are built. Projected actual expenditures are $138 thousand, including $82 thousand for the Chapman Estate improvements project and $56 thousand for operating costs of the home and grounds and monthly maintenance costs for utilities and gardening. The remaining projected ending balance of this fund is $81 thousand.
Park Development Fund (3003)
The Park Development Fund is a Capital Project Fund with Quimby Act (park development in-lieu) fees and Impact Fees as funding sources to support construction costs of new parks and park lands, and the enhancement of existing parks to serve new development. The fund started the year with $291 thousand and is projected to receive $151 thousand in impact fee and permit revenues. Projected actual expenditures total $101 thousand and include the following projects. The following table lists the budgeted projects and projected actuals in this fund for FY 2023.
Table 10: Park Development Fund FY 2023 Budgeted Projects The fund is expected to end the year with an $196 thousand ending fund balance.
Water Enterprise Fund (6101)
The Water Enterprise Fund is an Enterprise Fund consisting of revenues from water billings and expenditures for: contract meter reading; direct water services and supplies; on-going inspection, repair, and maintenance of the City’s wells, tanks, booster stations, hydro-pneumatic system, and water distribution system components; water conservation efforts; and ensuring that a safe, drinkable supply of water is provided to Pismo Beach.
Water revenues are projected to be $7.16 million, including $2.96 million in one-time revenues for the Central Coast Blue project and expenditures are projected to be $5.55 million.
The projected ending fund balance for the Water Enterprise Fund is $6.72 million, which is allocated for future water system capital costs, including the Central Coast Blue project.
Note that the Water Enterprise Fund also includes the Water Tax, Water Construction, and Water Expansion Funds and the ending fund balance across all these funds is $8.82 million.
Projects
FY 2023
Budget
FY 2023 Projected
Actuals
Price Historic Park/ Meherin House 94,087$ $9,058 Palisades and Chumash Park Improvements 86,925 86,925 South Palisades Outdoor fitness equipment/trail 60,000 - Overhead costs 4,943 4,943
Total 245,955$ 100,926$
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Wastewater Treatment Fund (6201)
The Wastewater Treatment Fund is an Enterprise Fund consisting of revenues from wastewater billings and expenditures for direct services and supplies; operation and maintenance of the City’s wastewater treatment plant and the wastewater collection facilities including pumps and pipelines; and ensuring the City’s treatment and collection system operations meet City, federal, and state laws and requirements. The ending fund balance is $9.59 million which is already allocated for other wastewater capital projects.
Note that the Wastewater Treatment Funds also include the Wastewater Capital Fund and the Wastewater Expansion Fund. The total combined ending fund balance across all these funds is $12.73 million.
Pier Enterprise Fund (6401)
The Pier Enterprise Fund includes revenues from a concession lease on the Pier and expenditures for repair and maintenance of the Pier, Promenade, and nearby facilities.
The beginning fund balance is $86 thousand and projected revenues are $78 thousand, from revenues from the Pier Airstreams. Projected expenditures include $85 thousand for Pier and Pier Plaza operating costs. The Pier Enterprise Fund is expected to end the year with a $78 thousand ending fund balance.
Parking Enterprise Fund (6501)
The Parking Enterprise Fund is an Enterprise Fund consisting of revenues from parking kiosks, parking citations, and parking permits to support a Parking Supervisor and Parking Enforcement Officer, implement the goals of the Pismo Beach Parking Management Plan, to administer existing parking more efficiently, provide more downtown parking, improve enforcement and parking management, and provide funds for future parking structures.
Revenues are projected to reach $2.48 million to fund operating expenditures of $623 thousand.
In addition to operating expenditures, the budget includes $4.33 million for one-time projects, including $2.51 million for the purchase of property to increase the City’s parking inventory, $750 thousand for paving the City’s parking lots, $500 thousand for the Police and Parking Substation, $326 thousand for additional parking meters, $101 thousand for the Secure Communication Radio project, $100 thousand for Addie Street Parking and Access Improvements, $35 thousand for the Parking Management Study, $4 thousand for a radio system upgrade and reliability project, and $231 for other projects. Of these projects, staff projects $315 thousand will be spent while the other projects are delayed.
The FY 2023 projected ending fund balance is $7.11 million. Of this amount $4.01 million is allocated for the above projects plus some operating expenses that are encumbered, but not yet spent. This leaves a projected $3.10 million ending fund balance.
Motor Vehicle Replacement Fund (7201)
The Motor Vehicle Replacement (MVR) Fund is an Internal Service Fund that funds the City’s motor vehicle operations and maintenance and motor vehicle replacements for various City departments. These costs are funded by accumulated fund balance, transfers from other funds, and motor vehicle rental charges to other funds. In FY 2020, the MVR Fund provided a $3.28 million interfund loan from its cash balance to the LBID Fund for the Pier Plaza project. Consequently, the MVR Fund had a $3.61 million Council Agenda 9-5-2023 9.D-13
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beginning fund balance. The final payment of the interfund loan is anticipated to be paid this fiscal year. The FY 2023 projected ending fund balance is $2.11 million, which are accumulated funds necessary to fund future replacements.
Conclusion and Recommendation
Staff recommends that Council receive this report as information only.
FISCAL IMPACT:
There is no fiscal impact from receiving this report as it is information only.
ALTERNATIVES:
1. Request additional information from staff.
ATTACHMENTS:
None
Meeting Date: September 5, 2023 Prepared by:
Nadia Feeser, Administrative Services Director
Interim City Manager Approval:
Council Agenda 9-5-2023 9.D-14
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.E
SUBJECT/TITLE:
QUARTERLY INVESTMENT REPORT FOR THE THREE MONTHS OF APRIL THROUGH JUNE 2023—THE FOURTH QUARTER OF FY 2023
RECOMMENDATION:
No action recommended; for information only.
EXECUTIVE SUMMARY:
This report updates City Council on the City’s investment portfolio as of the quarter ending on June 30, 2023. This report complies with regulations set forth in California State Government Code Section 53646 in which the City Treasurer is required to submit to the legislative body (City Council) a quarterly report containing various information on the City’s investments.
The report includes all investments managed by the City, including funds invested in various securities, the City’s pooled funds invested in various financial instruments, and funds held in reserve with fiscal agents.
Table 1 (Attachment 1) provides a summary of the City’s cash, investments, and earnings based on book value as of June 30, 2023.
Tables 2 and 3 (Attachments 2 and 3) provides details on the investment type, issuer, maturity date, book value, market value, and interest rates as of June 30, 2023 for the General Fund Reserve and City Pooled Funds A, respectively.
All of the City’s investments and the City’s allocation of funds in the various financial instruments comply with State Government Code Sections 53610—53686 and with the City’s Investment Policy’s primary objective to safeguard the principal. Additionally, the City of Pismo Beach’s invested funds as described in this report comply with the City’s Investment Policy and meet the City’s pooled expenditure requirements for the next six months.
Description of Cash and Investment Accounts
Negotiable Certificates of Deposit (CDs), US Government Agency Securities (GASs), Corporate Bonds (Corp Bonds), Treasury Notes, and Municipal Bonds (Munis) General Fund Reserves: The City has three reserves invested in various financial instruments that mature at various periods over the next five years. The total amount invested for these three reserves is $7.90 million, earning a projected 2.12% average interest rate during Fiscal Year (FY) 2023. Specifics of each reserve are provided below:
o General Fund Reserve: The City adopted a Fiscal Policy that maintains a General Fund Reserve of 25% of budgeted annual operating expenditures. This Reserve should be $7.03 million, which is 25% of the FY 2023 budgeted annual operating expenditures. Currently, $7.15 million is invested in various CDs, GASs, Corp
9.E-1Council Agenda 9-5-2023
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Bonds, and Munis earning 2.07% on average per year and $16 thousand is pending investment.
o City Building Reserve: The City Council created a City Building Reserve of $500 thousand for the maintenance and upkeep of City facilities and buildings. Currently, this Reserve is invested in various CDs and GASs earning on average 2.38% per year during FY 2023.
o Risk Management Reserve: The City Council established a Risk Management Reserve, contributing $50 thousand each year, up to a maximum of $250 thousand. Currently, this Reserve is $250 thousand, which is invested in CDs, GASs, and Munis earning 2.76% on average per year.
City-Pooled Funds A (for deferred capital projects): Based on the City’s 10-year capital plan and the cash flow needs for the next five years, the City has invested $42.73 million in various CDs, GASs, Corp Bonds, Treasury notes, and Munis that mature at various periods over the next five years and have a 3.19% average interest rate during FY 2023.
Other Financial Instruments
City-Pooled Funds B (for current year expenditures): The City follows the practice of pooling cash for all funds in financial instruments. Interest earned on pooled cash and investments is allocated quarterly to the various funds based on the respective fund’s average quarterly cash balance. As of June 30, 2023, the City-Pooled Funds B are allocated or invested as described below.
$14.63 million in Local Agency Investment Fund (LAIF): LAIF is a State investment pool earning 3.15% annually and is the City’s main savings account where the majority of cash is held for current year expenditures.
$14.26 million in U.S. Bank Checking: This account is the City’s primary checking account.
OPEB Trust Account
The Governmental Accounting Standards Board (GASB) requires public-sector entities to account for the promise to provide other post-employment benefits (OPEB) over the working life of the employee rather than on a pay-as-you-go basis. The City has an actuarial study performed every two years to determine how much to set aside each year to partially or completely fund the City’s future obligations for retiree health costs.
The OPEB Trust Account is the California Employers’ Retiree Benefit Trust (CERBT) Fund that was set up for the purpose of receiving employer contributions to prefund retiree health and OPEB costs for retirees and their beneficiaries. This trust fund helps finance future costs in large part from the investment earnings provided by CalPERS, rather than the City’s restricted investment earnings. The projected earnings are 6.75% per year and fluctuate from quarter to quarter. The City contributed to the account at the Actuarial Determined Contribution amount of $234 thousand for this year toward the City’s unfunded liability. This contribution now appears as an asset for the City’s future retiree health costs instead of a significant liability on the City’s balance sheet.
9.E-2Council Agenda 9-5-2023
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Portfolio Allocation
Per California Government Code 53600 et seq., and the City's Investment Policy, the City may invest up to a maximum percentage of the entire portfolio of funds in authorized financial instruments. The following table shows a summary of the authorized financial instruments, the maximum percentage limits, the book value as of June 30, 2023 of the City’s funds, and the percentage of the total City’s pooled funds that are invested in each financial instrument.
Financial Instrument
Maximum
%
Book Value as
of 6/30/23
% of
Portfolio
US Treasury Issues 100% 16,725,029$ 21%
Local Agency Investment Fund 100% 14,628,763 18%
Checking Account 100% 14,256,974 18%
Negotiable Certificates of Deposit 30% 15,350,363 19% US Government Agency Obligations 50% 13,750,000 17% Corporate Bond 30% 2,591,143 3%
Issues of Other California entities 30% 2,215,896 3% 79,518,166$ 100%
Bond funds: Wilmington Trust 889$
OPEB Trust Account 4,827,849
Total Book Value 84,346,905$
US Treasury
Issues, 21%
Local Agency
Investment Fund,
18%
Checking Account,
18%
Negotiable
Certificates of
Deposit, 19%
US Government
Agency Obligations,
17%
Corporate Bond,
3%
Issues of Other
California entities,
3%
Portfolio Allocation
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Portfolio Liquidity
The portion of the City’s portfolio that is managed by the City Treasurer (all accounts except the Bond Funds and OPEB Trust Account) is sufficiently liquid to meet the City’s expenditure requirements for the next 6 months. The majority of funds are invested in LAIF, which has a liquidity of one day. The following table and chart illustrate the liquidity of the City’s managed portfolio.
Liquidity Amount
0 to 30 days 28,885,736$
FY 2024 18,345,891
FY 2025 9,211,177
FY 2026 8,250,000
FY 2027 9,170,363
FY 2028 5,655,000
79,518,166$
0 10,000 20,000 30,000
0 to 30 days
FY 2024
FY 2025
FY 2026
FY 2027
FY 2028
Portfolio Amount ($ thousands)
Li
q
u
i
d
i
t
y
P
e
r
i
o
d
Portfolio Liquidity
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Investment Value
Book Value: The book value represents the initial outlay for an investment and is the amount carried on a balance sheet. In the past quarter ending June 30, 2023, the City’s total book value of cash and investments was $84.35 million. This is $3.96 million greater than the last quarter’s ending balance. There are a number of factors that impact changes in cash and investment balances from quarter to quarter. These changes may include receiving periodic payments (e.g., property taxes are received in December and April), large payments on debt service or capital projects, seasonal revenues and expenditures, and other factors affecting cash flow.
Market Value: The market value represents the current price at which a security can be traded and is the value of an investment comparing the various aspects of the security to other factors in the market such as interest rates. The market value as of June 30, 2023 for CDs, GASs, Municipal Bonds, Treasury Notes, and Corporate Bonds was $48.26 million, which is $2.38 million less than the book value. The City expects to hold onto the majority of its investments to maturity and would receive the book value of its investment.
Investment Name Type of Investment
Book Value as
of 6/30/23
Book Value as of
3/31/23 Variance
General Fund Reserve CDs/GASs/Corp
Bonds/Muni Bonds
7,903,573$ 7,764,573$ 139,000$
City Pooled Funds - A CDs/GASs/ Corp
Bonds/ Muni
Bonds/ US
Treasury Note
42,728,857 36,863,094 5,865,763
City Pooled Funds - B Various 28,885,736 31,288,660 (2,402,924) Bond funds Blackrock Federal
Fund
889 703 186
OPEB Trust Account Benefit Trust
Account
4,827,849 4,473,647 354,202
TOTAL 84,346,905$ 80,390,677$ 3,956,227$
Investment Name
Type of
Investment
Book Value as of
6/30/23
Market Value as
of 6/30/23 Variance
General Fund Reserve CDs/GASs/
Corp Bonds/
Muni Bonds
7,903,573$ 7,259,811$ (643,762)$
City Pooled Funds - A CDs/GASs/
Corp Bonds/
Muni Bonds/US
Treasury Note
42,728,857 40,997,302 (1,731,555)
Total All Securities 50,632,430$ 48,257,113$ (2,375,317)$
9.E-5Council Agenda 9-5-2023
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Investment Earnings and Performance
Interest Earnings: In the past quarter ending June 30, 2023, the City’s total interest earnings were a gain of $534 thousand, including a $412 thousand gain in the City’s managed portfolio and a $122 thousand gain in OPEB. The actual annual interest earnings for FY 2023 are $2.55 million, which is a gain of 3.02% for the year for the City’s entire portfolio and a gain of 2.54% for the City’s managed portfolio. Note that as the City’s cash and investments change, the interest earnings change correspondingly.
Performance: The projected annual interest earnings rate for FY 2023 is 3.02% for the City’s entire portfolio. The projected annual interest earnings rate for FY 2023 is 2.54% for the City’s managed portfolio (excludes Bond funds and OPEB Trust Account). This is compared to LAIF, which is earned 3.15% as of June 30, 2023, or the 1-year U.S.
Treasury Note, which earned 5.42% as of June 30, 2023. The following table lists the various performance measures regarding the various annual earnings rate for the City’s entire portfolio, the City’s managed portfolio, and the two benchmarks of LAIF and the 1- year U.S. Treasury Note.
Performance Measure Earnings
Rate
City’s Annual Earnings Rate for entire Portfolio 3.02%
City’s Annual Earnings Rate for Managed Portfolio 2.54% LAIF Average Annual Earnings Rate 3.15%
1 Year U.S. Treasury Note 5.42%
Investment Name Type of Investment
Book Value as
of 6/30/23
Actual
Interest
Earned 4th
Quarter
Actual Annual
Interest
Earnings
Actual Annual
Interest
Earnings Rate
General Fund Reserves CDs/GASs/Corp
Bonds/Muni Bonds
7,903,573$ 44,211$ 187,521$ 2.37%
City Pooled Funds - A CDs/GASs/ Corp
Bonds/ Muni Bonds/
US Treasury Note
42,728,857 238,795 957,664 2.24%
City Pooled Funds - B Various 28,885,736 129,111 875,254 3.03% Bond funds Wilmington Trust 889 611 2,618 294.31%
OPEB Trust Account* Benefit Trust
Account
4,827,849 121,203 526,113 10.90%
TOTAL 84,346,905$ 533,931$ 2,549,170$ 3.02%
Total Managed Portfolio 79,518,166$ 412,116$ 2,020,438$ 2.54%
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Future Outlook
Economic activity reflects modest growth and employment continues to strengthen, including robust job gains in recent months and unemployment rate remains low. Inflation has eased but remains elevated. The US banking system has tighter credit conditions for households and businesses, which will likely impact economic growth, including hiring and inflation.
As the Federal Open Market Committee (FOMC) is attentive to inflation risks. On May 3, 2023, the FOMC decided to raise the target range for the federal funds rate to 5.00% to
5.25%. On July 26, 2023, the FOCM raised the target range for the federal funds rate to
5.25% to 5.5%. The Committee expects to closely monitor inflation and adjust monetary policy to achieve maximum employment and price stability, to return to 2% inflation.
With the increase in the federal funds rate, the market interest rates are increasing. Based on increasing interest rates, the City’s investment earnings potential is improving and could lead to greater investment earnings as the City’s current investments mature and are reinvested in higher yielding securities. The yield curve is currently inverted, meaning that longer term rates are less than shorter term rates. As such, the City Treasurer is investing more of its idle cash in shorter-term investments to take advantage of the higher rates, while preserving principal and remaining liquid.
FISCAL IMPACT:
No fiscal impact from the report itself—information only.
ALTERNATIVES:
No Council action is proposed, other than to receive the information.
ATTACHMENTS:
1. Table 1: Summary Table for ALL Funds, including Book Values and Earnings Data for Investments in Other Financial Instruments
2. Table 2: For the General Fund Reserve—Basic Data on Investments in Securities
3. Table 3: For City Pooled Funds A—Basic Data on Investments in Securities Submitted by: Meeting Date: September 5, 2023
Nadia Feeser, Administrative Services Director/City Treasurer Interim City Manager Approval:
9.E-7Council Agenda 9-5-2023
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Investment Name Name of Institution Type of Investment Current
Earnings
Rate
Book Value
as of 6/30/23
Actual Interest
Earned 4th
Quarter Ending
6/30/23
Year-to-Date
Interest
Earned
Ending
6/30/23
* Data
Source
General Fund Reserves US Bank CDs/GASs/Corp
Bonds/Muni Bonds
2.12% avg 7,903,573$ 44,211$ 147,860$ 1 City Pooled Funds - A US Bank CDs/GASs/ Corp
Bonds/ Muni Bonds/
US Treasury Note
3.19% avg 42,728,857 238,795 616,518 1 Total All Securities 50,632,430$ 283,006$ 764,378$ City Pooled Funds - B US Bank Custody 0.00%-$ 1,995$ 4,397$ 1 City Pooled Funds - B Local Agency Invest.
Fund
State Investment Pool 3.15%14,628,763 122,159 420,666 2 City Pooled Funds - B US Bank Checking 0.00%14,256,974 4,956 12,564 3 City Pooled Funds - B 28,885,736$ 129,111$ 437,627$ City Pooled Funds total A + B 71,614,594$ 367,905$ 1,054,145$ Funds Held with Fiscal
Agent
Bond funds: Wilmington
Trust
2017 Pier Project 379$ 380$ 804$ 4 Funds Held with Fiscal
Agent
Bond funds: Wilmington
Trust
2017B CREBs 511 231 505 4
Calpers Benefit Trust
OPEB Trust Account CalPERS Benefit Trust
Account
Various managed by
CalPERS
4,827,849$ 121,203$ 283,708$ 5
TOTAL, Cash and Investments at June 30, 2023:84,346,905$ 533,931$ 1,487,021$ TOTAL for City Managed Portfolio, Cash and Investments:79,518,166$ 412,116$ 1,202,005$ Notes:
* Data Sources for Book Values and Actual Interest Earned:
1 = Monthly Customer Statement from US Bank
2 = Monthly statement from Local Agency Investment Fund. 3 = Monthly reconciled bank statement from respective bank. 4 = Monthly statement from Wilmington Trust
5 = Monthly statement from CalPERS Benefit Trust Account City of Pismo Beach
Table 1: Summary Table for All Funds,
including Book Values & Earnings Data for Investments in Other Financial Instruments
9.E-8Council Agenda 9-5-2023
Attachment 1
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City of Pismo Beach
June 30, 2023 QUARTERLY INVESTMENT REPORT
Table 2: For the General Fund Reserves - Basic Data on Investments in Securities:
Government Agency Securities and Bank Certificates of Deposit CUSIP Issuer Name Coupon Acq Date Maturity Type S&P Par Value Book Value IDC Market Value
Gain/
Loss
Days to
Stated
Maturit y
020080BL0 Alma Bank 1.75% 09/11/19 09/11/24 CD 95.698 245,000 234,460 (10,540) 439 02589ACE0 American Express
(59.76%)
2.90% 05/03/22 04/27/27 CD 91.662 147,000 134,752 (12,248) 1,397 052392BT3 Austin Telco Federal
Credit Union
3.80% 09/21/22 09/21/27 CD 94.302 245,000 231,040 (13,960) 1,544 06406RBA4 Bank New York Mellon
(32.69%)
2.05% 01/26/22 01/26/27 CD A 89.991 245,000 220,635 (24,365) 1,306 05600XQL7 BMO Harris Bank
(56.73%)
4.45% 05/24/23 05/24/28 CD 98.416 139,000 136,787 (2,213) 1,790 13063CLW8 California State GO
Bonds (41.83%)
5.00% 05/08/20 10/01/24 Municipal Bond AA- 102.572 245,000 214,529 (30,471) 459 13063CLW8 California State GO
Bonds (8.54%)
5.00% 05/08/20 10/01/24 Municipal Bond AA- 102.572 50,000 43,798 (6,202) 459 13077CY32 California State
University Rev Bonds
(97.66%)
5.00% 05/07/20 11/01/23 Municipal Bond AA- 100.6 245,000 216,141 (28,859) 124 14042TFP7 Capital One Bank
(47.76%)
2.90% 04/27/22 04/27/27 CD 91.662 117,000 107,256 (9,744) 1,397 24951TAL9 Department of
Commerce FCU
(20.41%)
1.25% 01/07/22 01/07/27 CD 86.85 50,000 43,429 (6,571) 1,287 24951TAL9 Department of
Commerce FCU
(22.45%)
1.25% 01/07/22 01/07/27 CD 86.85 55,000 47,770 (7,230) 1,287 25460FCF1 Direct Federal Credit
Union
3.50% 12/10/18 09/11/23 CD 99.651 245,000 244,145 (855) 73 27004PCV3 Eaglemark Savings Bank
(20%)
3.25% 06/22/22 06/22/27 CD 92.645 50,000 45,396 (4,604) 1,453 29367RLM6 Enterprise Bank
(63.27%)
0.85% 05/18/20 05/14/25 CD 91.918 155,000 142,483 (12,517) 684 3130APB87 FHLB 1.10% 10/13/21 10/13/26 Agency AA+ 89.589 500,000 447,945 (52,055) 1,201 3130AQZ55 FHLB 2.50% 03/10/22 03/10/27 Agency AA+ 93.018 500,000 465,090 (34,910) 1,349 3130ALYC2 FHLB (19.2%)1.14% 04/29/21 04/29/26 Agency AA+ 89.366 192,000 171,583 (20,417) 1,034 3130AMCY6 FHLB (2.5%)1.00% 05/27/21 05/27/26 Agency AA+ 90.029 50,000 45,015 (4,986) 1,062 3130AQAU7 FHLB (24.5%)1.45% 12/29/21 12/29/26 Agency AA+ 90.226 245,000 221,054 (23,946) 1,278 3130AMCY6 FHLB (25.8%)1.00% 05/27/21 05/27/26 Agency AA+ 90.029 516,000 464,550 (51,450) 1,062 3130ARF55 FHLB (49%)2.60% 03/30/22 03/30/27 Agency AA+ 93.249 245,000 228,460 (16,540) 1,369 3130ALYC2 FHLB (5.3%)1.14% 04/29/21 04/29/26 Agency AA+ 89.366 53,000 47,364 (5,636) 1,034 3130ARF55 FHLB (51%)2.60% 03/30/22 03/30/27 Agency AA+ 93.249 255,000 237,785 (17,215) 1,369 32024JAM5 First Federal Credit
Union - (78.35%)
4.40% 02/17/23 02/17/28 CD 96.359 191,967 184,968 (6,999) 1,693 33847E3J4 Flagstar Bank 0.90% 05/15/20 05/15/25 CD 91.995 245,000 225,388 (19,612) 685 46632FRU1 JP Morgan Chase Bank 0.70% 01/22/21 01/22/26 Corporate Bond A+ 86.853 500,000 434,265 (65,735) 937 499724AE2 Knoxville TVA Employees
Credit Union (20.4%)
3.30% 09/27/18 09/27/23 CD 99.521 50,000 49,741 (259) 89 50625LBN2 Lafayette Federal Credit
Union
3.25% 06/15/22 06/15/27 CD 92.615 245,000 226,907 (18,093) 1,446 59013KPN0 Merrick Bank 1.10% 11/09/21 11/09/26 CD 86.902 245,000 212,910 (32,090) 1,228 6966674G6 Palm Springs USD GO
Bonds (95.66%)
0.85% 10/28/20 08/01/24 Municipal Bond AA 95.289 773,013 733,785 (39,228) 398 74909LAC4 Quorum Federal Credit
Union (52.90%)
4.25% 09/30/22 09/29/23 CD 99.743 129,593 129,272 (321) 91 835104BZ2 Somerset Tr Co 1.00% 03/19/20 03/19/25 CD 92.731 245,000 227,191 (17,809) 628 88413QDL9 Third Federal Savings
Bank
3.50% 06/28/22 06/28/27 CD 93.513 245,000 229,107
89235MLC3 Toyota Financial Savings
Bank
0.95% 07/15/21 07/15/26 CD 87.678 245,000 214,811 (30,189) 1,111 Total $ 7,903,573 $ 7,259,811
9.E-9Council Agenda 9-5-2023
Attachment 2
Packet Page 44
City of Pismo Beach
June 30, 2023 QUARTERLY INVESTMENT REPORT
Table 3: For City Pooled Funds A - Basic Data on Investments in Securities:
Government Agency Securities and Bank Certificates of Deposit CUSIP Issuer Name Coupon Acq Date Maturity Type S&P Par Value Book Value IDC Market Value
Gain/
Loss
Days to
Stated
Maturit y
00257TBH8 Abacus Federal Savings
Bank
1.70% 09/18/19 09/18/24 CD 95.573 245,000 234,154 (10,846) 446 011852AE0 Alaska USA Federal
Credit Union
4.60% 03/08/23 03/08/28 CD 97.158 245,000 238,037 (6,963) 1,713 01664MAB2 All In Federal Credit
Union
4.40% 12/20/22 12/20/27 CD 96.438 245,000 236,273 (8,727) 1,634 01882MAB8 Alliant Credit Union 4.95% 12/30/22 12/30/27 CD 98.622 245,000 241,624 (3,376) 1,644 02554BDA6 American Eagle Bank 1.10% 03/13/20 03/13/25 CD 92.959 245,000 227,750 (17,250) 622 02589ACE0 American Express
(40.24%)
2.90% 05/03/22 04/27/27 CD 91.662 99,000 90,737 (8,263) 1,397 037833AZ3 Apple Inc 2.50% 03/05/20 02/09/25 Corporate Bond AA+ 96.023 1,062,000 960,230 (101,770) 590 062119BS0 Bank Five Nine (40.82%) 4.60% 04/14/23 04/13/28 CD N/A 97.125 100,000 97,134 (2,866) 1,749 062119BS0 Bank Five Nine (59.18%) 4.60% 04/14/23 04/13/28 CD N/A 97.125 145,000 140,823 (4,178) 1,749 06406RBA4 Bank New York Mellon
(67.31%)
2.05% 01/26/22 01/26/27 CD A 89.991 504,363 454,297 (50,065) 1,306 06048WS43 Bank of America Corp 2.00% 02/18/22 08/18/25 Corporate Bond A- 91.865 500,000 459,325 (40,675) 780 06740KQE0 Barclays Bank 3.00% 05/11/22 05/11/27 CD 91.937 245,000 225,246 (19,754) 1,411 05600XQL7 BMO Harris Bank
(43.27%)
4.45% 05/24/23 05/24/28 CD 98.416 106,000 104,332 (1,668) 1,790 05580AW59 BMW Bank North
America
4.60% 03/10/23 03/10/28 CD 97.173 245,000 238,074 (6,926) 1,715 130162AF7 California Credit Union 4.10% 09/23/22 09/22/23 CD 99.686 245,000 244,231 (769) 84 13063CLW8 California State GO
Bonds (49.63%)
5.00% 05/08/20 10/01/24 Municipal Bond AA- 102.572 290,655 254,532 (36,123) 459 13077CY32 California State
University Rev Bonds
(2.34%)
5.00% 05/07/20 11/01/23 Municipal Bond AA- 100.6 5,862 5,179 (683) 124 14042TFP7 Capital One Bank
(52.24%)
2.90% 04/27/22 04/27/27 CD 91.662 128,000 117,316 (10,684) 1,397 14042RQU8 Capital One National
(20.41%)
2.90% 04/27/22 04/27/27 CD 91.662 50,000 45,835 (4,165) 1,397 14042RQU8 Capital One National
(79.59%)
2.90% 04/27/22 04/27/27 CD 91.662 195,000 178,737 (16,263) 1,397 15118RUR6 Celtic Bank 1.35% 04/02/20 04/02/25 CD 93.174 245,000 228,276 (16,724) 642 15201QCJ4 Centerstate Bank 1.00% 03/30/20 03/31/25 CD N/A 92.666 245,000 227,032 (17,968) 640 12547CAX6 CIBC Bank USA Chicago 4.45% 04/14/23 04/14/28 CD 96.51 245,000 236,450 (8,551) 1,750 17286TAG0 Citadel Federal Credit
Union
1.65% 02/25/20 02/27/25 CD 94.001 245,000 230,302 (14,698) 608 19075JAB4 Cobalt Federal Credit
Union
3.60% 09/15/22 09/15/27 CD 93.562 245,000 229,227 (15,773) 1,538 22551KAU6 Credit Union of Texas 4.40% 12/09/22 12/09/27 CD 96.454 245,000 236,312 (8,688) 1,623 23204HPB8 Customers Bank 4.50% 06/14/23 06/14/28 CD 99.199 245,000 243,038 (1,962) 1,811 24951TAL9 Department of
Commerce FCU
(57.14%)
1.25% 01/07/22 01/07/27 CD 86.85 140,000 121,584 (18,416) 1,287 254673D94 Discover Bank 3.20% 05/19/22 05/19/27 CD 92.596 245,000 226,860 (18,140) 1,419 27004PCV3 Eaglemark Savings Bank
(80%)
3.25% 06/22/22 06/22/27 CD 92.645 195,000 181,584 (13,416) 1,453 29367SJQ8 Enterprise Bank 1.80% 11/08/19 11/08/24 CD 95.228 245,000 233,309 (11,691) 497 29367RLM6 Enterprise Bank
(36.73%)
0.85% 05/18/20 05/14/25 CD 91.918 90,000 82,716 (7,284) 684
9.E-10Council Agenda 9-5-2023
Attachment 3
Packet Page 45
City of Pismo Beach
June 30, 2023 QUARTERLY INVESTMENT REPORT
Table 3: For City Pooled Funds A - Basic Data on Investments in Securities:
Government Agency Securities and Bank Certificates of Deposit CUSIP Issuer Name Coupon Acq Date Maturity Type S&P Par Value Book Value IDC Market Value
Gain/
Loss
Days to
Stated
Maturit y
30002CAT5 Everett Co-Operative 3.90% 01/23/23 01/19/27 CD 95.65 245,000 234,343 (10,658) 1,299 3130ALD76 FHLB 0.70% 02/25/21 02/25/26 Agency AA+ 89.22 500,000 446,100 (53,900) 971 3130ANSB7 FHLB 1.00% 09/17/21 09/17/26 Agency AA+ 89.289 1,000,000 892,890 (107,110) 1,175 3130ARGQ8 FHLB 2.88% 04/14/22 04/14/27 Agency AA+ 94.087 500,000 470,435 (29,565) 1,384 3130ATDV6 FHLB 5.00% 09/30/22 09/30/27 Agency AA+ 98.363 500,000 491,815 (8,185) 1,553 3130AQAU7 FHLB (14%)1.45% 12/29/21 12/29/26 Agency AA+ 90.226 140,000 126,316 (13,684) 1,278 3130AMS37 FHLB (20%)1.00% 06/24/21 06/24/26 Agency AA+ 89.724 400,000 358,896 (41,104) 1,090 3130AMCY6 FHLB (25%)1.00% 05/27/21 05/27/26 Agency AA+ 90.029 500,000 450,145 (49,855) 1,062 3130AMS37 FHLB (30%)1.00% 06/24/21 06/24/26 Agency AA+ 89.724 600,000 538,344 (61,656) 1,090 3130AMCY6 FHLB (46.7%)1.00% 05/27/21 05/27/26 Agency AA+ 90.029 934,000 840,871 (93,129) 1,062 3130AMS37 FHLB (50%)1.00% 06/24/21 06/24/26 Agency AA+ 89.724 1,000,000 897,240 (102,760) 1,090 3130ARGE5 FHLB (50%)3.00% 04/21/22 04/21/27 Agency AA+ 94.406 250,000 236,015 (13,985) 1,391 3130ARGE5 FHLB (50%)3.00% 04/21/22 04/21/27 Agency AA+ 94.406 250,000 236,015 (13,985) 1,391 3130AQAU7 FHLB (61.5%)1.45% 12/29/21 12/29/26 Agency AA+ 90.226 615,000 554,890 (60,110) 1,278 3130ALYC2 FHLB (75.5%)1.14% 04/29/21 04/29/26 Agency AA+ 89.366 755,000 674,713 (80,287) 1,034 3130AV6C1 FHLN (50%)5.71% 03/27/23 03/27/28 Agency AA+ 99.302 250,000 248,255 (1,745) 1,732 3130AV6C1 FHLN (50%)5.71% 03/27/23 03/27/28 Agency AA+ 99.302 250,000 248,255 (1,745) 1,732 32024JAM5 First Federal Credit
Union - (21.65%)
4.40% 02/17/23 02/17/28 CD 96.359 53,033 51,111 (1,922) 1,693 32112UDJ7 First National Bank
McGregor
1.80% 12/30/19 12/30/24 CD 94.752 245,000 232,142 (12,858) 549 334342CD2 First National Bank
Syracuse
1.85% 08/30/19 08/30/24 CD 95.905 245,000 234,967 (10,033) 427 33715LED8 First Technology 3.70% 08/19/22 08/19/27 CD 94.025 245,000 230,361 (14,639) 1,511 3136G4WV1 FNMA 0.75% 06/16/20 06/16/25 Agency AA+ 92.051 1,000,000 920,510 (79,490) 717 3136G4J61 FNMA 0.57% 08/26/20 08/26/25 Agency AA+ 91.134 750,000 683,505 (66,495) 788 3136G43L5 FNMA 0.55% 09/30/20 09/30/25 Agency AA+ 90.818 1,000,000 908,180 (91,820) 823 38149MAJ2 Goldman Sachs Bank 2.70% 05/22/19 05/22/24 CD 97.624 145,000 141,555 (3,445) 327 472207AE9 Jeanne D Arc Federal
Credit Union
3.80% 09/30/22 09/30/27 CD 94.276 245,000 230,976 (14,024) 1,553 499724AE2 Knoxville TVA Employees
Credit Union (79.6%)
3.30% 09/27/18 09/27/23 CD 99.521 195,000 194,086 (914) 89 502516QY6 La Canada California
USD
1.75% 04/28/20 08/01/24 Municipal Bond N/A 96.229 571,288 543,694 (27,595) 398 51210SSD0 Lakeside Bank 1.40% 03/30/20 03/31/25 CD N/A 93.267 245,000 228,504 (16,496) 640 58404DSM4 Medallion Bank Utah 4.40% 06/16/23 06/16/28 CD 96.201 245,000 235,692 (9,308) 1,813 60425SKB4 Minnwest Bank 4.25% 05/01/23 05/03/27 CD 96.247 245,000 235,805 (9,195) 1,403 61760ARS0 Morgan Stanley 3.55% 11/08/18 11/08/23 CD 99.34 245,000 243,383 (1,617) 131 61690UJ68 Morgan Stanley Bank 3.25% 05/19/22 05/19/27 CD N/A 92.77 245,000 227,287 (17,714) 1,419 67054NBC6 Numerica Credit Union 4.95% 11/04/22 11/04/27 CD 98.634 245,000 241,653 (3,347) 1,588 694231AF8 Pacific Enterprise Bank 1.35% 04/09/20 04/09/25 CD N/A 93.104 245,000 228,105 (16,895) 649 69506YRG6 Pacific Western Bank 1.35% 04/16/20 04/16/25 CD 93.085 245,000 228,058 (16,942) 656 6966674G6 Palm Springs USD GO
Bonds (4.34%)
0.85% 10/28/20 08/01/24 Municipal Bond AA 95.289 35,078 33,291 (1,787) 398 70962LAS1 Pentagon Federal Credit
Union
0.90% 09/29/21 09/29/26 CD 86.68 245,000 212,366 (32,634) 1,187 74909LAC4 Quorum Federal Credit
Union (47.10%)
4.25% 09/30/22 09/29/23 CD 99.743 115,407 115,098 (309) 91 75472RAE1 Raymond James Bank 2.00% 08/23/19 08/23/24 CD 96.176 245,000 235,631 (9,369) 420 79772FAG1 San Francisco Federal
Credit Union
4.35% 02/03/23 02/03/28 CD 96.175 245,000 235,629 (9,371) 1,679
9.E-11Council Agenda 9-5-2023
Attachment 3
Packet Page 46
City of Pismo Beach
June 30, 2023 QUARTERLY INVESTMENT REPORT
Table 3: For City Pooled Funds A - Basic Data on Investments in Securities:
Government Agency Securities and Bank Certificates of Deposit CUSIP Issuer Name Coupon Acq Date Maturity Type S&P Par Value Book Value IDC Market Value
Gain/
Loss
Days to
Stated
Maturit y
856285K91 State Bank India 2.00% 03/23/22 03/23/27 CD 88.813 245,000 217,592 (27,408) 1,362 88241THJ2 Texas Exchange Bank 1.00% 06/10/20 06/13/25 CD 91.824 245,000 224,969 (20,031) 714 89236TGT6 Toyota Motor Corp 1.80% 06/05/20 02/13/25 Corporate Bond A+ 94.621 257,893 236,553 (21,340) 594 90348JTH3 UBS Bank USA 1.25% 03/25/20 03/25/25 CD N/A 93.079 245,000 228,044 (16,956) 634 90331HMS9 US Bank National 2.80% 05/29/20 01/27/25 Corporate Bond A+ 95.454 271,250 238,635 (32,615) 577 912797FR3 US Treasury Bill 4.40% 03/16/23 07/05/23 Treasury Note N/A 99.973 2,960,474 2,999,190 38,716 5 912796YH6 US Treasury Bill 4.31% 03/16/23 09/07/23 Treasury Note N/A 99.059 2,939,417 2,971,770 32,353 69 912796Z36 US Treasury Bill
(18.73%)
4.76% 04/18/23 08/17/23 Treasury Note N/A 99.355 922,266 930,460 8,193 48 912796Z36 US Treasury Bill
(20.32%)
4.76% 04/18/23 08/17/23 Treasury Note N/A 99.355 1,000,000 1,009,447 9,447 48 912796Z36 US Treasury Bill
(20.32%)
4.76% 04/18/23 08/17/23 Treasury Note N/A 99.355 1,000,000 1,009,447 9,447 48 912796Z36 US Treasury Bill
(40.63%)
4.76% 04/18/23 08/17/23 Treasury Note N/A 99.355 2,000,000 2,018,397 18,397 48 912828V23 US Treasury Note
(15.30%)
4.74% 05/01/23 12/31/23 Treasury Note N/A 98.512 902,872 904,340 1,468 184 912828V23 US Treasury Note
(84.70%)
4.74% 05/01/23 12/31/23 Treasury Note N/A 98.512 5,000,000 5,006,380 6,380 184 917352AH9 Utah Community Credit
Union
4.50% 06/07/23 06/07/28 CD 98.801 245,000 242,062 (2,938) 1,804 92891CCP5 Vystar Credit Union 4.45% 09/30/22 09/30/27 CD 96.744 245,000 237,023 (7,977) 1,553 938828BN9 Washington Federal
Bank
1.95% 08/28/19 08/28/24 CD 96.046 245,000 235,313 (9,687) 425 Total 42,728,857$ 40,997,302$
9.E-12Council Agenda 9-5-2023
Attachment 3
Packet Page 47
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.F
SUBJECT/TITLE:
SEACLIFF DRIVE, BELLO STREET, AND MAIN STREET RED CURB
RECOMMENDATION:
Adopt a Resolution authorizing the installation of red curb on Seacliff Drive, Bello Street, and Main Street.
BACKGROUND:
Staff recommends the installation of red curb to limit parking in three locations within the City:
Location 1, Main Street – From the Northeastern property line of 330 Main Street extending southeast approximately 90 feet to the driveway of the City-owned parking lot located on parcel APN 005-078-008.
Location 2a, Bello Street – Approximately 60 feet along the property frontage of 900 Bello Street, which includes the driveway apron.
Location 2b, Bello Street – Approximately 12 feet to the west of the eastern driveway of the Bello Veterans’ Hall, located at 780 Bello Street. Location 3, Seacliff Drive – From Shell Beach Road, approximately 105 feet to the south.
Typically, the installation of red curb is reviewed by the Traffic Safety Committee (TSC) and/or the Parking Advisory Committee (PAC), however in these cases, the proposed red curb is either needed for operational purposes or required due to insufficient space for parking. Both the TSC and PAC were notified that staff would be recommending the installation of red curb at the locations listed above and there were no objections.
Locations 1, 2a, 2b and 3
The red curb at locations 1, 2a, 2b and 3 are to facilitate police and fire operations during the temporary relocation of their facilities during the construction of the new Public Safety Facility. This curb would be painted red and stenciled in white “Emergency Vehicles Only” to allow both police and fire vehicles to utilize these parking spaces, while restricting the public from blocking them. While staff is seeking direction from the City Council now, the red curb will not be installed until such time as it is needed for police and fire access and will be removed once the new Public Safety Facility is completed. These locations are shown in Figures 1, 2 and 3.
Council Agenda 9-5-2023 9.F-1
Packet Page 48
Figure 1. Location 1, Main Street Figure 2. Location 2a, Bello Street Figure 3. Location 2b, Bello Street
Location 3
The Housing Authority of San Luis Obispo (HASLO) is currently constructing affordable housing at 2655 Shell Beach Road. As part of the public improvements for this project, a portion of missing sidewalk was installed connecting the sidewalk on Shell Beach Road to the intersection of Seacliff Drive and the fire access road to Spyglass Park, shown in Figure 4. Due to the existing topography, there was a need to construct the sidewalk in part of the existing shoulder, which is why a portion of Seacliff Drive requires a no-parking zone.
Council Agenda 9-5-2023 9.F-2
Packet Page 49
Figure 4. Location 3, Seacliff Drive No-Parking
Authority
Pismo Beach Municipal Code Section 10.08.010, Resolutions for parking, standing or stopping, states, “The City Council may by resolution prohibit or restrict the stopping, standing or parking on streets, highways, city parking lots or public areas (weather improved or unimproved) within the city, or any portion thereof, during all or certain hours of the day. No such resolution shall apply until signs or markings giving adequate notice thereof have been placed by the public services department.” Conclusion and Recommendation
Staff recommends that the City Council adopt a Resolution (Attachment 1) restricting parking on a portion Seacliff Drive, as shown in this staff report due to a lack of space for on street parking, and restricting parking, except for emergency vehicles at two locations on Bello Street and one location on Main Street as shown in this staff report, to facilitate police and fire operations.
FISCAL IMPACT:
The installation of red curb and signage is expected to cost less than $500 and will be paid for out of the Public Works operations budget.
ALTERNATIVES:
1. Do not adopt the Resolution; provide staff with direction on how to proceed.
Council Agenda 9-5-2023 9.F-3
Packet Page 50
ATTACHMENTS:
1. Resolution
Meeting Date: September 5, 2023 Submitted by:
Benjamin A. Fine, P.E.
Director of Public Work/City Engineer
Interim City Manager Approval:
Council Agenda 9-5-2023 9.F-4
Packet Page 51
RESOLUTION NO. R-2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE INSTALLATION OF RED CURB ON SEACLIFF
DRIVE, BELLO STREET, AND MAIN STREET
WHEREAS, in order to facilitate police and fire operations during the temporary relocation of their facilities during the construction of the new Public Safety Facility, staff recommends that the curb be painted red and stenciled in white “Emergency Vehicles Only” in select locations on Bello Street and Main Street; and WHEREAS, this red curb will not be installed until such time as it is needed for police and fire access and will be removed once the new Public Safety Facility is completed; and WHEREAS, as part of the public improvements for the affordable housing project at 2655 Shell Beach Road, a portion of missing sidewalk was installed connecting the sidewalk on Shell Beach Road to the intersection of Seacliff Drive and the fire access road to Spyglass Park; and
WHEREAS, due to the existing topography, there was a need to construct the sidewalk in part of the existing shoulder, which requires a no parking zone along a portion of Seacliff Drive; and
WHEREAS, staff recommends the installation of red curb to limit parking at the following locations:
Location 1, Main Street – From the Northeastern property line of 330 Main Street extending southeast approximately 90 feet to the driveway of the City- owned parking lot located on parcel APN 005-078-008.
Location 2a, Bello Street – Approximately 60 feet along the property frontage of 900 Bello Street, which includes the driveway apron. Location 2b, Bello Street – Approximately 12 feet to the west of the eastern driveway of the Bello Veterans’ Hall, located at 780 Bello Street. Location 3, Seacliff Drive – From Shell Beach Road, approximately 105 feet to the south.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the installation of red curb on Seacliff Drive, Bello Street and Main Street as recommended by staff and as set forth above.
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 5th day of September 2023, by the following vote:
AYES:
NOES:
Council Agenda 9-5-2023 9.F-5
Attachment 1
Packet Page 52
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 9-5-2023 9.F-6
Attachment 1
Packet Page 53
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.G
SUBJECT/TITLE:
AGREEMENT WITH URBAN PLANNING CONCEPTS, INC. FOR IN-HOUSE
PLANNING SERVICES
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to execute an agreement with Urban Planning Concepts, Inc. for professional in-house planning services for an amount not to exceed $177,600 in Fiscal Year 2024 and making related appropriations.
BACKGROUND:
Since February 2018, the City has contracted with Urban Planning Concepts, Inc. (UPC) for various professional planning services. When the City began undertaking the update to the General Plan/Local Coastal Program (GP/LCP) in mid-2019, this work was being managed by Brian Schwartz of UPC. At the beginning of the COVID-19 pandemic, the UPC contract was temporarily suspended and work on the GP/LCP was managed by staff. Previous contracts were resumed beginning July 1, 2021, and Mr. Schwartz has continued management of the GP/LCP update project since that time to ensure a continued high-level quality of services. The numerous Joint City Council/Planning Commission workshops that were conducted to review the GP/LCP update, and the anticipated workshops for the Zoning Code/Implementation Plan, were not factored into the initial project budget but have proven to be central to the success of the project; as such, contract funds have been expended and a new contract with UPC is needed in order to continue work on the project, as the GP/LCP update remains a Council Goal.
During his time with the City, in addition to work on the GP/LCP update, Mr. Schwartz has managed several important City initiatives through adoption, including the Circulation Element Update and Accessory Dwelling Unit ordinances of 2018, the 5th Cycle Housing Element Update, and previous review of development projects. Mr. Schwartz is currently focused on the GP/LCP in all aspects, including assisting staff in the successful grant application to the Coastal Commission for funding in the amount of $500,000. Those reimbursement funds are available to the City to facilitate this contract, as well as any other work eligible under the grant criteria.
Conclusion and Recommendation
Staff has determined that contracting with UPC has resulted in an efficiency of work and delivery of services. Given the Community Development Department’s current workload, the importance of the GP/LCP update, and the firm’s previous experience with Pismo Beach, staff recommends adoption of a Resolution (Attachment 1) authorizing a new contract with UPC in an amount not to exceed $177,600 (Attachment 2) and appropriating related budget adjustments. This new contract is being awarded as a sole- source procurement as UPC is familiar with the City’s planning process and the GP/LCP update, and the proposed cost is reasonable and fair. This contract amount would allow
9.G-1Council Agenda 9-5-2023
Packet Page 54
an average of 20 hours per week dedicated to the City’s GP/LCP update and other tasks as needed (scope provided as Attachment 1.A).
FISCAL IMPACT:
The fiscal impact of adopting the attached Resolution is an additional $177,600 in the Planning Division Professional Services Fund in fiscal year (FY) 2024. This amount would be reimbursed by the Coastal Commission grant that was appropriated as part of the Mid- Year budget adjustments on August 15, 2023. This amount would support the agreement with UPC for continued GP/LCP management. While the goal of the GP/LCP would be to not expend the entirety of the funds, this would allow additional flexibility to ensure the City Council’s vision for the GP/LCP is met. Any funds not expended would be returned back to the General Fund.
Staff recommends that Council appropriate $177,600 in the General Fund in the Planning Division professional services account for this project in FY 2024.
ALTERNATIVES:
1. Decline to award the contract as recommended; provide staff with alternative direction.
ATTACHMENTS:
1. Resolution
1.A Exhibit A to Resolution: Scope of Services
2. Urban Planning Concepts, Inc. Contract
Submitted by: Meeting Date: September 5, 2023
Matthew Downing, Community Development Director
Interim City Manager Approval:
9.G-2Council Agenda 9-5-2023
Packet Page 55
RESOLUTION NO. R-2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH URBAN PLANNING CONCEPTS, INC. FOR PROFESSIONAL IN-HOUSE PLANNING SERVICES IN AN AMOUNT NOT TO EXCEED $177,600 IN FISCAL YEAR 2024 AND MAKING RELATED APPROPRIATIONS
WHEREAS, since February 2018, the City has contracted with Urban Planning Concepts, Inc. (UPC) for various professional planning services; and WHEREAS, the City is continuing the update to the General Plan/Local Coastal Program and Zoning Code/Implementation Plan, which has been managed by UPC and there is a need for continued project management; and
WHEREAS, UPC personnel have provided the City with a high level of skill and experience to assist with advanced planning services, and UPC will continue to provide valuable assistance with the Local Coastal Program update; and WHEREAS, there is sufficient available funding in the General Fund to support this agreement and completing the Local Coastal Program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into an agreement with Urban Planning Concepts, Inc. for in-house planning services in an amount not to exceed $177,600 (scope provided as Exhibit A) in Fiscal Year 2024.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $177,600 in the General Fund Planning Division Local Coastal Plan/General Plan update project in the in Fiscal Year 2024 for purposes of executing the Urban Planning Concepts, Inc. agreement.
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 5th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 1
9.G-3Council Agenda 9-5-2023
Packet Page 56
2624 AIRPARK DRIVE ● SANTA MARIA, CALIFORNIA 93455 ● 805/934-5760 ● FAX 805/934-3448 www.urbanplanningconcepts.com
upc URBAN
PLANNING
CONCEPTS, INC.
URBAN DESIGN ● LAND PLANNING ● ENVIRONMENTAL ANALYSIS
August 15, 2023
Mathew Downing, AICP
City of Pismo Beach
760 Mattie Road
Pismo Beach, CA 93449
Re: Proposal Addendum for Planning Services
Dear Mr. Downing,
It has been a pleasure working with you and your staff at the City’s Planning Division. UPC was hired by the City to assist with a variety of tasks including an update to the General Plan and Local Coastal Program (GP/LCP). In addition to project manager duties for the GP/LCP we have assisted with other projects including a General Plan Annual Report, Short-Term Rental Ordinances, Parking Management Plan, and CDBG funding.
To date significant progress has been made on the GP/LCP with a complete draft currently moving through the public hearing process. A draft zoning code (ZC) has been completed as well as the public hearing draft Environmental Impact Report (EIR).
In addition to work on the General Plan / Local Coastal Program, UPC has been responsible for obtaining and managing the following grants :
•Coastal Commission - $500,000.00
•Coastal Commission - $170,000.00
•SB2 Planning Grant - $160,000.00
•Local Early Action Planning (LEAP) - $65,000.00
We recently worked with Coastal Commission staff to obtain a grant in the amount up to $500,000.00 to assist with the local public hearing process for the GP/LCP, study sessions and public hearings for the proposed zoning code update as well as processing the LCP/ZC through the Coastal Commission.
Services
Urban Planning Concepts will continue to provide the following services for the overall project management for the GP/LCP and Zoning Code / Coastal Implementation Plan including but not limited to:
•Edit documents as needed based on public and decisionmaker feedback. •Attend and present projects at Planning Commission and/or City Council study sessions and public hearings. We anticipate after the the General Plan is approved there will be several study sessions on the zoning code, prior to public hearings. •Produce meeting notes and memorandums based on decisionmaker comments. •Produce staff reports and prepare powerpoint presentations.
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Mathew Downing, AICP
City of Pismo Beach
August 15, 2023
•Attend meetings with planning staff to review and discuss work products as they relate to policy and regulatory revisions.
•Attend regularly scheduled meetings with consultant team and Coastal Commission staff.
Cost Estimate
We propose a not to exceed budget of $177,600. This budget will provide for an average of 20 hours of dedicated planning services per week at $185 per hour for the next twelve months. This reflects a reduced rate based on our appreciation of our working relationship.
We have greatly enjoyed our working relationship and look forward to continued opportunities. Please contact me if you have any questions or would like additional information.
Sincerely,
Brian Schwartz, AICP
Principal Planner
Attachment 1.A
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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 Urban Planning Concepts, 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:
In-house Planning Services.
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 September 30, 2025. 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 one hundred seventy-seven thousand six hundred dollars ($177,600.00), unless otherwise first approved in writing by CITY. 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. 2 of 12
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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.
VII.CITY REPRESENTATIVE
The Community Development Director 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 Attachment 2
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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 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
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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.
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, Attachment 2
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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.
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.
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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 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.
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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 of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.
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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.
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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.
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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 will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the Attachment 2
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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)
CITY:
City of Pismo Beach, a Municipal Corporation
Signed:
Name: Matthew J. Downing
Title: Community Development Director
Dated: ________________________________
Signed:
Name: Jorge E. Garcia
Title: Interim 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
VENDOR:
Urban Planning Concepts, Inc.
Signed:
Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice (See Section XVIII):
______________________________________
______________________________________
Email address for official communications:
______________________________________
Vendor Representative (See Section VIII):
Name/Title: ____________________________
Attachments:
Exhibit A: Scope of Service
Exhibit B: Compensation Schedule
Attachment 2
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.H
SUBJECT/TITLE:
CANCELLATION OF SEPTEMBER 19, 2023 COUNCIL MEETING
RECOMMENDATION:
Adopt a Resolution cancelling the September 19, 2023 Regular City Council Meeting.
BACKGROUND:
The League of California Cities (Cal Cities) will be holding its 2023 Annual Conference September 20—22, 2023, in Sacramento. On August 15, 2023, the Council adopted Resolution R-2023-060 appointing voting delegates for the conference.
As the conference convenes on the morning following what would be the regular Council meeting of September 19, 2023, it would be logistically prohibitive for the Mayor, Interim City Manager, and a number of Department Heads attending the conference to attend the evening Council meeting, then travel to the conference location in time for the first session the next morning. As such, staff recommends that the City Council cancel the meeting of September 19, 2023 to allow for travel to the conference destination. No time-sensitive items were projected for the September 19 agenda, and any remaining items will be rescheduled for the October 3, 2023 meeting. Pismo Beach Municipal Code Section
2.04.080 provides that regular meetings of the Council may be cancelled by action of a majority of the Council, and the attached Resolution will accomplish the cancellation.
Conclusion and Recommendation
Staff recommends that the Council adopt a Resolution (Attachment 1) cancelling the September 19, 2023 Council meeting to allow for travel to the conference location.
FISCAL IMPACT:
There is no fiscal impact associated with staff’s recommendation. A slight cost savings is realized by not holding the September 19, 2023 regular Council meeting.
ALTERNATIVES:
1. Do not adopt the resolution; hold the Regular Meeting.
ATTACHMENTS:
1. Resolution
Submitted by: Erica Inderlied, City Clerk Meeting Date: September 19, 2023 Interim City Manager Approval:
9.H-1Council Agenda 9-5-2023
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RESOLUTION NO. R-2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA CANCELLING THE SEPTEMBER 19, 2023 REGULAR COUNCIL
MEETING
WHEREAS, the City of Pismo Beach wishes to participate in the 2023 League of California Cities Annual Conference by voting on League policy resolutions at the Annual Business Meeting; and
WHEREAS, the conference begins in the morning following the projected regular City Council meeting of September 19, 2023, which is logistically prohibitive due to the conference being located in Sacramento; and
WHEREAS, the regular meeting date of September 19, 2023 lacks any business of immediate concern.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby cancels the regular City Council meeting of September 19, 2023.
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 5th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
9.H-2Council Agenda 9-5-2023
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #11.A
SUBJECT/TITLE:
ADOPTION OF AN ADDENDUM TO THE CERTIFIED ENVIRONMENTAL IMPACT
REPORT FOR THE CENTRAL COAST BLUE PROJECT
RECOMMENDATION:
Adopt a Resolution adopting an Addendum to the Certified Environmental Impact Report (SCH # 2019120560) for the Central Coast Blue Project.
BACKGROUND:
Central Coast Blue (the Project) is a multi-agency collaboration between the Cities of Pismo Beach, Grover Beach, and Arroyo Grande and the South San Luis Obispo County Sanitation District to construct an advanced purified water project intended to enhance supply reliability by reducing the Santa Maria Groundwater Basin’s vulnerability to drought and seawater intrusion. The project consists of an advanced treatment facility complex, pipelines, injection wells, monitoring wells, and one new production well. The project would also include groundwater injection via the proposed injection wells to create a seawater intrusion barrier and to augment local groundwater supplies, and would facilitate increased groundwater pumping from existing production wells.
The City Council adopted Resolution R-2021-011 certifying the Final Environmental Impact Report (Certified EIR) for the original Central Coast Blue Project (Original Project) on February 16, 2021 (State Clearinghouse (SCH) Number #2019120560). The document presently under consideration by the Council is an Addendum to the Certified EIR (Addendum) that was prepared as the result of modifications to the project necessitating additional environmental review. Due to its large file size, the Addendum is provided online-only in the Access Pismo public records portal, as Attachment 21.
Environmental Review
In accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, a lead agency shall prepare an Addendum to an EIR if some changes or additions to a previously certified EIR are necessary, but the project changes will not have new significant environmental impacts or substantially increase the severity of previously identified significant impacts. Specifically, the CEQA Guidelines state:
The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred (Section 15164[a]);
An addendum need not be circulated for public review but can be included in or attached to the certified EIR or adopted Negative Declaration (Section 15164[c]); 1 Full URL:
https://accesspismo.pismobeach.org/WebLink/Browse.aspx?id=455990&dbid=0&repo=Laserfiche Council Agenda 9-5-2023 11.A-1
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The decision-making body shall consider the addendum with the certified EIR or adopted Negative Declaration prior to making a decision on the project (Section 15164[d]); and
A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence (Section 15164[e]).
The Addendum has been prepared in accordance with relevant provisions of CEQA (as amended) and the CEQA Guidelines and describes the details of several modifications to the layout of project facilities that have occurred during evolution of the design process, which have resulted in new project impact areas beyond those identified and evaluated in the Certified EIR. This modified layout is referred to as the Modified Project in the Addendum. The analysis compares the environmental impacts of the Modified Project to those identified in the Certified EIR for the Original Project, demonstrates the environmental impacts of the Modified Project are within the scope of the impacts identified in the Certified EIR, and concludes no new significant environmental effects or a substantial increase in the severity of previously identified significant effects would result from the Modified Project.
The Modified Central Coast Blue Project involves changes to the locations of components of the Original Project, which have shifted during evolution of the siting and design process. The overall purpose, objectives, and nature of the Original Project would remain the same under the Modified Project. Similar to the Original Project, the Modified Project would consist of an advanced treatment facility complex, pipelines, injection wells, monitoring wells, one new production well, and a pump station.
Although not required for an addendum, several actions were taken in preparation of the Addendum to maximize public notice and engagement. On June 7, 2023, the City initiated a 30-day public review period, which ran through July 7, 2023. This process included a Notice of Intent published with the State Clearinghouse on June 6, 2023, published with the County Clerk on June 7, 2023, and published in the New Times on June 8, 2023.
Additionally, a public workshop was conducted with the Central Coast Blue Regional Recycled Water Authority on June 19, 2023. Following conclusion of the public review period, responses to comments were prepared for the three comments received during the review period. Those Responses to Comments were provided to all commenters on August 25, 2023.
As a result of the analysis conducted in the Addendum, it was determined that potential impacts associated with the Modified Project are consistent with potential impacts characterized and mitigated for in the Certified EIR for the Original Project. Substantive revisions to the Certified EIR are not necessary because no new significant impacts or impacts of substantially greater severity than previously described would occur as a result of the Modified Project. Therefore, staff has developed a Resolution (Attachment 1) memorializing that no further evaluation of environmental impacts is required for the Modified Project, that no Subsequent or Supplemental EIR is necessary pursuant to Council Agenda 9-5-2023 11.A-2
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CEQA Guidelines Sections 15162 and 15164, and that the Addendum is the appropriate level of environmental analysis and documentation for the Modified project in accordance with CEQA Guidelines Section 15164. Furthermore, no new information of substantial importance exists that indicates that there are mitigation measures or alternatives that are considerably different from those analyzed in the Certified EIR that will substantially reduce one or more significant effects on the environment.
Conclusion and Recommendation
The Addendum is appropriate to address requirements of CEQA for the Modified Project of Central Coast Blue. Accordingly, staff recommends the City Council adopt a Resolution (Attachment 1) adopting the Addendum to the Final Environmental Impact Report for the Central Coast Blue Project.
FISCAL IMPACT:
There is no fiscal impact from adopting the attached Resolution.
For background on the fiscal impact of preparing the EIR and this Addendum, the City hired Rincon Consultants, Inc. to prepare the EIR and this Addendum for a total amount of $331,387. The City received $25,722 from the South San Luis Obispo County Sanitation District to support this cost, leaving a net $305,665 to be shared across each Contributing Water Purveyor’s cost share percentage. Based on the Joint Exercise of Powers Agreement creating the Central Coast Blue Regional Recycled Water Authority, the percentage that Pismo Beach would be responsible for is 39%, or $39,339.09 from the City’s Water Enterprise Fund and $79,870.26 from the City’s Wastewater Enterprise Fund.
ALTERNATIVES:
1. Continue adoption of the EIR Addendum to be considered following partner agency adoption.
2. Provide alternative direction to staff.
ATTACHMENTS:
1. Resolution
2.Addendum to the Final Environmental Impact Report for the Central Coast Blue Project (online attachment2, also available upon request from staff) Submitted by: Meeting Date: September 5, 2023
Matthew Downing, Community Development Director
Interim City Manager Approval:
2 Full URL
https://accesspismo.pismobeach.org/WebLink/Browse.aspx?id=455990&dbid=0&repo=Laserfiche Council Agenda 9-5-2023 11.A-3
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RESOLUTION NO. R-2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA ADOPTING AN ADDENDUM TO THE CERTIFIED ENVIRONMENTAL IMPACT REPORT (SCH # 2019120560) FOR THE CENTRAL COAST BLUE
PROJECT
WHEREAS, Central Coast Blue (the Project) is a multi-agency collaboration between the Cities of Pismo Beach, Grover Beach, and Arroyo Grande and the South San Luis Obispo County Sanitation District to construct an advanced purified water project intended to enhance supply reliability by reducing the Santa Maria Groundwater Basin’s vulnerability to drought and seawater intrusion; and
WHEREAS, the project consists of an advanced treatment facility complex, pipelines, injection wells, monitoring wells, and one new production well; and WHEREAS, the project would also include groundwater injection via the proposed injection wells to create a seawater intrusion barrier and to augment local groundwater supplies and would facilitate increased groundwater pumping from existing production wells; and
WHEREAS, the City Council adopted Resolution R-2021-011 certifying the Final Environmental Impact Report (Certified EIR) for the original Central Coast Blue Project (Original Project) on February 16, 2021 (State Clearinghouse (SCH) Number #2019120560); and
WHEREAS, in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, a lead agency shall prepare an Addendum to an EIR if some changes or additions are necessary that will not have significant new impacts or substantially increase previously identified significant impacts; and WHEREAS, the Addendum has been prepared in accordance with relevant provisions of CEQA (as amended) and the CEQA Guidelines and describes the details of several modifications to the layout of project facilities that have occurred during evolution of the design process, which have resulted in new project impact areas beyond those identified and evaluated in the Certified EIR; and
WHEREAS, the analysis in the Addendum compares impacts to those identified in the certified EIR for the Original Project and demonstrates the environmental impacts of the Modified Project are within the scope of the impacts identified in the Certified EIR and that no new significant environmental effects or a substantial increase in the severity of previously identified significant effects would result from the Modified Project; and WHEREAS, as a result of the analysis conducted in the Addendum, it was determined that potential impacts associated with the Modified Project are consistent with potential impacts characterized and mitigated for in the certified EIR for the Original Project; and Council Agenda 9-5-2023 11.A-4
Attachment 1
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WHEREAS, the mitigation measures included in the Mitigation Monitoring and Reporting Program adopted for the Original Project, with minor technical changes incorporated (as shown in the Addendum), remains in force for the Modified Project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby adopts the Addendum to the Certified Environmental Impact Report (SCH #2019120560) for the Central Coast Blue Project as follows:
Section 1. Recitals
The foregoing recitals are true and correct and are incorporated into the findings herein.
Section 2. Record
The Record of Proceedings (“Record”) upon which the decision-making body bases its recommendation on the Addendum includes, but is not limited to: (1) the Addendum to the Certified EIR, the Certified EIR, and the appendices and technical reports cited in and/or relied upon in preparing the same, (2) the staff reports, City files, and records and other documents prepared for and/or submitted to the City relating to the Addendum, (3) the evidence, facts, and other determinations set forth in this resolution, (4) all documentary and oral evidence received at public workshops, meetings, and hearings or submitted to the City during the comment period relating to the Addendum, (5) all other matter of common knowledge to the decision- making body, including, but not limited to, City, state, and federal laws, policies, rules, regulations, reports, records, and projections related to development within the City and its surrounding areas.
The location and custodian of the records is the Pismo Beach City Clerk, 760 Mattie Road, Pismo Beach, California, 93449.
Section 3. Findings
Based upon the information in the Addendum, the Record as described above, and all other matters deemed material and relevant prior to adopting this Resolution, the City Council hereby adopts the Addendum to the Certified EIR based upon the following:
a. None of the conditions described in CEQA Guidelines Sections 15162 and 15164 calling for the preparation of a subsequent or supplemental EIR have been met, namely:
I. No substantial changes are proposed in the project which will require major revisions of the Certified EIR due to the involvement Council Agenda 9-5-2023 11.A-5
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of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; II.No substantial changes have occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the Certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and III. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Certified EIR was certified as complete, that shows 1) the project will have one or more significant effects not discussed in the Certified EIR; 2) significant effects previously examined will be substantially more severe than shown in the Certified EIR; 3) mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the City declines to adopt the mitigation measure or alternative; or 4) mitigation measures or alternatives which are considerably different from those analyzed in the Certified EIR would substantially reduce one or more significant effects on the environment, but the City declines to adopt the mitigation measure or alternative; and
b. That an Addendum is the appropriate level of environmental analysis and documentation for the Modified Project in accordance with CEQA Guidelines Section 15164; and
c. No further evaluation of environmental impacts is required for the Modified Project.
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 5th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 9-5-2023 11.A-6
Attachment 1
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.A
SUBJECT/TITLE:
INTRODUCTION (FIRST READING) OF AN ORDINANCE AMENDING SECTION
10.10.010 OF THE PISMO BEACH MUNICIPAL CODE REGARDING THE PAID
PARKING ZONE
RECOMMENDATION:
Introduce an Ordinance amending Chapter 10.10: Paid Parking Zone, of the City of Pismo Beach Municipal Code, relating to using parking funds for various purposes.
BACKGROUND:
On April 17, 2007, the City Council adopted Ordinance O-2007-03 (codified in Chapter
10.10 of the Pismo Beach Municipal Code) establishing a paid parking zone and the manner of collecting fees for use of City property within the paid parking zone. This ordinance addressed the Council’s desire to ensure adequate parking for residents and visitors through the eventual construction or establishment of additional parking facilities.
Further, the ordinance provided the purposes for which the payments deposited in parking meters and kiosks could be used.
On May 2, 2023, City staff presented an update on the Public Safety Facility to the Council, which including a proposed funding plan based on the construction and construction-related costs. Based on a projected $53 million total project cost for the construction of the Facility, the General Fund is not able to support the project on its own.
As such, staff recommended and Council provided direction to allocate a proposed $4.0 million from the Parking Enterprise Fund net income (available fund balance) and an ongoing $600 thousand per year for the first 10 years of the project, reduced to $300 thousand per year for years 11 to 20 of the borrowing term, from future Parking Enterprise Fund net income. This, along with some other adjustments to the General Fund, would allow the City to financially support the Public Safety Facility. These amounts are approximate until the pre-construction, migration, construction-related costs, and the financial status of both the General Fund and Parking Enterprise Fund are known closer to the date of bond issuance.
At the May 2, 2023 meeting, staff indicated that a change to the Paid Parking Ordinance would need to be made. As part of this discussion, staff stated that using Parking Enterprise Fund net revenues to support the project would defer plans to construct a new parking garage. The Council provided direction to staff to proceed with the proposed funding plan, including bringing back a change to the Paid Parking Zone ordinance at a later date to allow for using the parking funds to support the Public Safety Facility.
In addition, staff proposes incorporating into the revised ordinance other uses of the parking funds to support transportation and circulation improvements, as well as beautification and streetscape improvements in the Paid Parking Zone.
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As currently enacted, the purposes for which the payments deposited in parking meters and kiosks could be used does not allow for: supporting the Public Safety Facility project; transportation and circulation improvements; or beautification and streetscape improvements in the Paid Parking Zone.
Conclusion and Recommendation
Staff recommends that the City Council introduce an Ordinance (Attachment 1) amending Chapter 10.10 of the Municipal Code to modify and add to the purposes of payments deposited in parking meters and kiosks to support parking functions and related public safety support of parking functions associated with and located within the Public Safety Facility; transportation and circulation improvements; and beautification and streetscape improvements in the Paid Parking Zone. If the Council acts to introduce the Ordinance as recommended, it will be returned for adoption at the next available meeting and will become effective by statute 30 days thereafter.
FISCAL IMPACT:
The fiscal impact of adopting the changes to the Paid Parking Zone ordinance would likely result in a projected $4.0 million from the Parking Enterprise Fund net income (available fund balance) to be used for the pay-as-you go payment in Fiscal Year 2024, an estimated ongoing $600 thousand per year for the first 10 years of the Public Safety Facility project, and then reduced to $300 thousand per year for years 11 to 20 of the borrowing term from future Parking Enterprise Fund net income to support the parking functions and related public safety support of parking functions with and located within the Public Safety Facility.
ALTERNATIVES:
1. Modify, and then introduce, the proposed Ordinance.
2. Do not introduce the Ordinance.
3. Provide staff with alternative direction.
ATTACHMENTS:
1. Draft Ordinance
Meeting Date: September 5, 2023 Submitted By
Nadia Feeser, Administrative Services Director
Interim City Manager Approval:
Council Agenda 9-5-2023 12.A-2
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ORDINANCE NO. O-2023-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING CHAPTER 10.10: PAID PARKING ZONE, OF THE CITY
OF PISMO BEACH MUNICIPAL CODE, RELATING TO USING PARKING FUNDS
FOR VARIOUS PURPOSES
WHEREAS, on April 17, 2007 the City Council adopted Ordinance O-2007-03 (codified in Chapter 10.10 of the Pismo Beach Municipal Code) establishing a paid parking zone and the manner of collecting fees for use of City property within the paid parking zone; and
WHEREAS, the City Council’s decision in adopting the amended paid parking zone ordinance is to be able to use funds deposited in parking meters and kiosks to support parking functions and associated public safety support of the public safety facility; transportation and circulation improvements; and beautification and streetscape improvements in the Paid Parking Zone.
NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:
SECTION 1.
The foregoing recitals are adopted as findings of fact in support of this ordinance.
SECTION 2.
Section 10.10.010 of the Pismo Beach Municipal Code is revised to read as follows:
10.10.010 Establishment of paid parking zone.
A. The parking of vehicles upon the streets, portions of streets, and off-street parking lots in this city, as hereinafter designated, within the paid parking zone as hereinafter described shall be controlled, regulated, and inspected with the aid of parking meters, and shall be governed by the provisions of this chapter. As used in this chapter, "parking meters" includes all devices intended to collect coins, currency, or other forms of payment for the privilege of parking a vehicle in the paid parking zone, including but not limited to parking meters and pay-and-display ticket dispensing stations.
This paid parking zone is hereby established and described as follows:
All that area of the city southwest of United States Highway 101 between the intersection of Dolliver and Price Streets on the northwest, and Addie Street, as extended from the Pacific Ocean to United States Highway 101, on the southeast.
Council Agenda 9-5-2023 12.A-3
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In the event no parking meters are installed regulating a parking space within such paid parking zone, then the maximum time for parking shall be as specified by Chapter 10.08 of this code or any ordinance or resolution of the city council.
B. The director of public works/city engineer shall cause parking meters to be installed and maintained within the paid parking zone and provide signage indicating the time limits and rate of fees for parking within the paid parking zone as authorized by city council resolution.
C. The coins, currency, or other payments deposited in parking meters as provided in this chapter are hereby levied and assessed as fees for the following purposes:
1. For the purchasing, leasing, installing, repairing, maintaining, operating, removing, regulating, and policing of parking meters and pay-and-display stations in the city and for the payment of any and all expenses relating or incidental thereto.
2. For the purchasing, leasing, acquiring, improving, operating, and maintaining of off-street parking facilities in the city.
3. For the installation and maintenance of traffic control devices and signals, and transportation and circulation improvements.
4. For the painting and marking of streets and curbs required for the direction of traffic and the parking of motor vehicles.
5. For the proper regulation, control, and inspection of parking and traffic upon the public streets.
6. To be pledged as security for the payment of principal and interest on bonds issued by the city or for the payment of parking improvements lease payments to the Pismo Beach Public Financing Authority.
7. For transfer into the general fund to support the parking functions and related public safety support of parking functions associated with and located within the Public Safety Facility project.
8. For beautification and streetscape improvements in the Paid Parking zone.
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SECTION 3.
Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.
SECTION 4.
This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.
SECTION 5.
This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.
SECTION 6.
The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.
Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.
INTRODUCED at a regular meeting of the City Council held this 5th day of September, 2023, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Council Agenda 9-5-2023 12.A-5
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Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2023, on motion of Council Member , seconded by Council Member , and on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney
Council Agenda 9-5-2023 12.A-6
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.B
SUBJECT/TITLE:
AWARD OF CONTRACTS TO JJ FISHER CONSTRUCTION, INC. AND CANNON
CORPORATION FOR THE JAMES WAY BEAUTIFICATION PROJECT
RECOMMENDATION:
1. Provide staff with direction on which Bid Alternates to award.
2. Adopt a Resolution authorizing the City Manager to:
a. Execute a contract with JJ Fisher Construction, Inc. for construction of the James Way Beautification Project in the amount of $[1,659,221.00 for the base bid plus bid alternates 1 and 2 or 1,669,852.62 for the base bid plus bid alternates 1 and 3 per Council Direction]; and
b. Enter into a Professional Services Agreement with Cannon Corporation in the amount of $264,175.00 for Construction Management, Inspection and Administration Services.
BACKGROUND:
One of the City Council’s top goals is Community Character, Beautification, and Quality of Life for Residents. To achieve this goal, the City Council is investing in neighborhoods including road, sidewalk, and park improvements. The Fiscal Year 2024 budget includes the James Way Beautification Project.
The project consists of a base bid and three bid alternates. The base bid includes removal of the concrete from between the fence line and back of sidewalk on the south side (ocean side) of the street, excavation/evaluation of the existing soil and amending and/or replacing it to provide suitable growing medium for new plants. The base bid also includes repairs to the raised masonry planters on the north side of the street. The three bid alternates are shown below:
Bid Alternate No. 1 – pavement striping on James Way;
Bid Alternate No. 2 – succulent planting in the raised planters on the north side (inland side) of the street where there are currently no trees in the planters; Bid Alternate No. 3 – removal of all the existing raised block wall planters on the north side to below grade, removal of the existing trees, stump grinding, aeration and soil amendment, planting succulents, and bark finish at all the north side locations flush to the sidewalk.
The basis of award was determined to be the total cost of the base bid plus bid alternates 1-3. However, bid alternates 2 and 3 cannot both be awarded, and staff is seeking Council direction on which bid alternate to award.
On June 22, 2023, the James Way Beautification Project was advertised for construction bids; however, no bids were received by the deadline of July 20, 2023. Public Contract Code 20166 states in part: “if no bids are received, the legislative body may have the project done without further complying with this chapter.” Based on the Public Contract
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Code, on August 1, 2023 City Council directed staff to negotiate directly with contractors in order to secure a construction contract.
Construction
Staff directly negotiated with several contractors pursuant to Council direction, and staff was able to obtain four bids ranging in amount from $1,676,107.62 to $2,522,833.81. The apparent low bidder is JJ Fisher Construction, Inc. (JJ Fisher) with a bid of $1,676,107.62 (bid results provided for reference as Attachment 4). Staff has verified JJ Fisher’s references and qualifications, and recommends the Council adopt a Resolution (Attachment 1) awarding a contract (Attachment 2) to JJ Fisher in the amount of either $1,659,221.00 for the base bid plus bid alternates 1 and 2, or $1,669,852.62 for the base bid plus bid alternates 1 and 3, as directed by the Council (bid schedule provided at Attachment 1.A) to complete construction of the project.
Construction Management
On June 22, 2023 staff issued a formal Request for Proposals (RFP) for Construction Management, Inspection and Administration Services. One proposal was received on July 20, 2023 from Cannon Corporation (Cannon). The proposal was evaluated by a review panel based on the following:
Understanding the scope of work to be performed
Methods, schedule and procedures to be used
Management, personnel and experience
Consultation and coordination with the City of Pismo Beach Cannon’s cost proposal for construction management, inspection and administration services is provided as Attachment 1.B. Adoption of the Resolution (Attachment 1) will also award a contract (Attachment 3) to Cannon for these services.
Conclusion and Recommendation
Staff recommends the Council provide direction as to whether to award the construction contract for the base bid plus bid alternates 1 and 2 (in the amount of $1,659,221.00) or for the base bid plus bid alternates 1 and 3 (in the amount of $1,669,852.62).
Then, staff recommends that the Council adopt a Resolution (Attachment 1) authorizing the City Manager to enter into a contract with JJ Fisher in amount corresponding with the Council’s selected bid alternates, for construction of the James Way Beautification Project; and a Professional Services Agreement with Cannon in the amount of $264,175.00 for Construction Management, Inspection and Administration Services.
FISCAL IMPACT:
The fiscal impact of adopting the subject Resolution is a total estimated project cost of $2,308,075.00 to $2,320,833.62 to construct the project, depending on which bid alternates are awarded. The total estimated cost also includes construction management and a 20% contingency. The Fiscal Year (FY) 2024 Capital Projects Fund budget includes $2,661,684 for completion of the project.
12.B-2Council Agenda 9-5-2023
Packet Page 80
Current Project Funding
James Way Beautification Project Budget $2,661,684
Estimated Project Cost – Base Bid plus Bid Alternates 1 and 2 Construction Costs (JJ Fisher) $1,659,221.00
Construction Management (Cannon) $264,175.00
20% Contingency 384,679.00
Total Estimated Project Cost $2,308,075.00
Budget Surplus $353,609
Estimated Project Cost – Base Bid plus Bid Alternates 1 and 3 Construction Costs (JJ Fisher) $1,669,852.62
Construction Management (Cannon) $264,175.00
20% Contingency 386,806.00
Total Estimated Project Cost $2,320,833.62
Budget Surplus $340,850
ALTERNATIVES:
1. Do not authorize all or a portion of the recommended items; provide direction to staff.
ATTACHMENTS:
1. Resolution
1.A Exhibit A to Resolution: JJ Fisher Bid Schedule
1.B Exhibit B to Resolution: Cannon Cost Proposal
2. JJ Fisher Construction Agreement
3. Cannon Vendor Agreement
4. Bid Results
Prepared by: Meeting Date: September 5, 2023
Erin Olsen, Senior Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer Interim City Manager Approval:
12.B-3Council Agenda 9-5-2023
Packet Page 81
RESOLUTION NO. R-2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO:
1. EXECUTE A CONTRACT WITH JJ FISHER CONSTRUCTION, INC. FOR
CONSTRUCTION OF THE JAMES WAY BEAUTIFICATION PROJECT IN THE AMOUNT OF $[1,659,221.00 FOR THE BASE BID PLUS BID ALTERNATES 1 AND 2 OR 1,669,852.62 FOR THE BASE BID PLUS BID ALTERNATES 1 AND 3 PER COUNCIL DIRECTION]; AND
2. ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH CANNON CORPORATION IN THE AMOUNT OF $264,175.00 FOR CONSTRUCTION
MANAGEMENT, INSPECTION AND ADMINISTRATION SERVICES
WHEREAS, to achieve its goal of Community Character, Beautification, and Quality of Life for Residents, the City Council is investing in neighborhoods including road, sidewalk, and park improvements including the James Way Beautification Project; and WHEREAS, the James Way Beautification Project was advertised for construction bids; however, no bids were received by the deadline of July 20, 2023; and WHEREAS, based on the Public Contract Code, on August 1, 2023, the City Council directed staff to negotiate directly with contractors in order to secure a construction contract; and
WHEREAS, after direct negotiation with contractor pursuant to Council direction, staff was able to obtain four bids ranging in amount from $1,676,107.62 to $2,522,833.81; and WHEREAS, the apparent low bidder is JJ Fisher Construction, Inc. (JJ Fisher); and WHEREAS, the project consists of a base bid and three bid alternates, however bid alternates 2 and 3 cannot both be awarded; and
WHEREAS, staff issued a formal Request for Proposals (RFP) for Construction Management, Inspection and Administration Services and received one proposal from Cannon Corporation (Cannon); and
WHEREAS, the FY 2024 Capital Projects Fund budget includes sufficient budget to support the JJ Fisher and Cannon agreements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute a contract with JJ Fisher for construction of the James Way Beautification project in the amount of $[1,659,221.00 for the base bid plus bid alternates 1 and 2 or 1,669,852.62 for the base bid plus bid alternates 1 and 3 per Council Direction].
Attachment 1
12.B-4Council Agenda 9-5-2023
Packet Page 82
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager enter into a Professional Services Agreement with Cannon in the amount of $264,175.00 for Construction Management, Inspection and Administration Services.
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 5th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 1
12.B-5Council Agenda 9-5-2023
Packet Page 83
BID SCHEDULE
James Way Beautification Project
BASE BID
ITEM DESCRIPTION QUANTITY UNIT UNIT
COST
TOTAL COST
1 CONSTRUCTION COORDINATION 1 LS $__________ $____________ 2 TRAFFIC CONTROL 1 LS $__________ $____________
3 NOTIFICATION OF RESIDENTS,
BUSINESSES & AGENCIES
1 LS $__________ $____________
4 STORM WATER POLLUTION
CONTROL PROGRAM
1 LS $__________ $____________
5 CLEARING & GRUBBING / SITE
PREPARATION
18,408 SF $__________ $____________
6 CONCRETE DEMOLITION 17,352 SF $__________ $____________ 7 TREE REMOVAL 30 EA $__________ $____________
8 RAISED PLANTER REMOVAL 66 EA $__________ $____________ 9 SIGN REMOVAL 17 EA $__________ $____________
10 REMOVE & REPLACE 7" HMA 2,002 SF $__________ $____________ 11 REMOVE & REPLACE 2" HMA 714 SF $__________ $____________ 12 CONCRETE DRIVEWAY APRON 115 SF $__________ $____________ 13 CONCRETE SIDEWALK 2,336 SF $__________ $____________ 14 TRUNCATED DOMES 11 EA $__________ $____________
15 CURB & GUTTER 233 LF $__________ $____________
16 RETAINING CURB 273 LF $__________ $____________
17 CURB & SPANDREL 1,922 SF $__________ $____________
18 CURB RAMP 1,383 SF $__________ $____________
19 SIDEWALK UNDERDRAIN 6 EA $__________ $____________
$154,000.00
$141,775.00
$35,750.00
$12,000.00
$3.00
$9.00
$385.00
$750.00
$450.00
$30.00
$25.00
$25.00
$18.00
$1,450.00
$85.00
$32.00
$42.00
$22.00
$7,900.00
$154,000.00
$141,775.00
$35,750.00
$12,000.00
$55,224.00
$156,168.00
$11,550.00
$49,500.00
$7,650.00
$60,060.00
$17,850.00
$2,875.00
$42,048.00
$15,950.00
$19,805.00
$8,736.00
$80,724.00
$30,426.00
$47,400.00
Attachment 1.A
12.B-6Council Agenda 9-5-2023
Packet Page 84
ITEM DESCRIPTION QUANTITY UNIT UNIT
COST
TOTAL COST
20 ONE-POST SIGN 17 EA $__________ $____________
21 12" WHITE CROSSWALK/LIMIT LINE
(TWO COAT PAINT)
413 LF $__________ $____________
22 MEDIAN STRIPE (DETAIL 28,
YELLOW, TWO COAT PAINT)
41 LF $__________ $____________
23 "STOP" LEGEND (TWO COAT PAINT) 9 EA $__________ $____________ 24 PAINT RED CURB 50 LF $__________ $____________
25 ADJUST WATER METER TO FINISH
GRADE
4 EA $__________ $____________
26 WATER SERVICE & METER 1 LS $__________ $____________ 27 DECORATIVE COLUMNS 2 EA $__________ $____________
28 RAISED MASONRY PLANTER REPAIR
(MINOR)
1 LS $__________ $____________
29 RAISED MASONRY PLANTER REPAIR
(MAJOR)
1 LS $__________ $____________
30 PLANTING WITH DRAIN LINE 1 LS $__________ $____________ 31 IRRIGATION SYSTEM 1 LS $__________ $____________
32 PLANTING ESTABLISHMENT &
MAINTENANCE
1 LS $__________ $____________
33 REMOVE, STORE, & REINSTALL
BENCH
5 EA $__________ $____________
34 REMOVE, STORE, & REINSTALL
TRASH RECEPTACLE
3 EA $__________ $____________
35 PET STATION (NEW) 2 EA $__________ $____________
BASE BID TOTAL AMOUNT IN FIGURES:
BASE BID TOTAL AMOUNT IN WORDS:
BID ALTERNATE NO. 1 – JAMES WAY ROADWAY STRIPING (N. 4TH ST. – CREST DRIVE)
ITEM DESCRIPTION QUANTITY UNIT UNIT
COST
TOTAL COST
A1 TRAFFIC CONTROL 1 LS $__________ $____________
A2 STRIPING DETAIL #22 (ONE COAT
PAINT)
930 LF $__________ $____________
A3 STRIPING DETAIL #29 (ONE COAT
PAINT)
2,960 LF $__________ $____________
$450.00
$5.00
$11.00
$193.00
$2.00
$750.00
$15,900.00
$26,455.00
$7,359.00
$4,511.00
$190,728.00
$327,923.00
$10,350.00
$2,100.00
$2,200.00
$3,750.00
$7,650.00
$2,065.00
$451.00
$1,737.00
$100.00
$3,000.00
$15,900.00
$52,910.00
$7,359.00
$4,511.00
$190,728.00
$327,923.00
$10,350.00
$10,500.00
$6,600.00
$7,500.00
one million five hundred ninety-eight thousand seven hundred seventy-five dollars and no cents $1,598,775.00
$10,420.00
$3.00
$3.00
$10,420.00
$2,790.00
$8,880.00
Attachment 1.A
12.B-7Council Agenda 9-5-2023
Packet Page 85
ITEM DESCRIPTION QUANTITY UNIT UNIT
COST
TOTAL COST
A4 STRIPING DETAIL #38 (ONE COAT
PAINT)
938 LF $__________ $____________
A5 STRIPING DETAIL #39 (ONE COAT
PAINT)
5,465 LF $__________ $____________
A6 STRIPING DETAIL #39A (ONE COAT
PAINT)
1,953 LF $__________ $____________
A7 "STOP" LEGEND (ONE COAT PAINT) 2 EA $__________ $____________ A8 "AHEAD" LEGEND (ONE COAT
PAINT)
2 EA $__________ $____________
A9 "SLOW" LEGEND (YELLOW, ONE
COAT PAINT)
2 EA $__________ $____________
A10 "SCHOOL" LEGEND (YELLOW, ONE
COAT PAINT)
2 EA $__________ $____________
A11 "XING" LEGEND (YELLOW, ONE
COAT PAINT)
2 EA $__________ $____________
A12 12" LIMIT LINE (WHITE, ONE COAT
PAINT)
21 LF $__________ $____________
A13 12" CROSSWALK (YELLOW, ONE
COAT PAINT)
1,762 LF $__________ $____________
A14 HELMETED BICYCLIST WITH
ARROW SYMBOL (ONE COAT
PAINT)
22 EA $__________ $____________
A15 ARROW TYPE IV (L) (ONE COAT
PAINT)
21 EA $__________ $____________
A16 ARROW TYPE IV (R) (ONE COAT
PAINT)
2 EA $__________ $____________
A17 ARROW TYPE VI 2 EA $__________ $____________
A18 REPAINT RED CURB 140 LF $__________ $____________
A19 REMOVE & INSTALL PAVEMENT
MARKERS
360 EA $__________ $____________
A20 BLUE RPM's AT FIRE HYDRANTS 7 EA $__________ $____________ BID ALTERNATE NO. 1 TOTAL AMOUNY IN FIGURES:
BID ALTERNATE NO. 1 TOTAL AMOUNT IN WORDS:
BID ALTERNATE NO. 2 – LANDSCAPING AT NORTH SIDE OF JAMES WAY
ITEM DESCRIPTION QUANTITY UNIT UNIT
COST
TOTAL COST
B1 PLANTING NORTH PLANTERS 1 LS $__________ $____________ $4.00
$2.00
$2.00
$165.00
$165.00
$165.00
$165.00
$165.00
$5.00
$3.00
$83.00
$83.00
$83.00
$110.00
$2.00
$6.00
$11.00
$3,752.00
$10,930.00
$3,906.00
$330.00
$330.00
$330.00
$330.00
$330.00
$105.00
$5,286.00
$1,826.00
$1,743.00
$166.00
$220.00
$280.00
$2,160.00
$77.00
$54,191.00
fifty-four thousand one hundred ninety-one dollars and no cents $3,875.00 $3,875.00
Attachment 1.A
12.B-8Council Agenda 9-5-2023
Packet Page 86
ITEM DESCRIPTION QUANTITY UNIT UNIT
COST
TOTAL COST
B2 PLANT ESTABLISHMENT &
MAINTENANCE NORTH PLANTERS
1 LS $__________ $____________
BID ALTERNATE NO. 2 TOTAL AMOUTN IN FIGURES:
BID ALTERNATE NO. 2 TOTAL AMOUNT IN WORDS:
BID ALTERNATE NO. 3 DEMO & LANDSCAPING AT NORTH SIDE OF JAMES WAY
ITEM DESCRIPTION QUANTITY UNIT UNIT
COST
TOTAL COST
C1 TRAFFIC CONTROL 1 LS $__________ $____________
C2 DEDUCT BASE BID ITEM 27 1 LS $__________ $____________ C3 DEDUCT BASE BID ITEM 28 1 LS $__________ $____________ C4 TREE REMOVAL (NORTH SIDE) 38 EA $__________ $____________ C5 RAISED PLANTER REMOVAL
(NORTH SIDE)
51 EA $__________ $____________
C6 PLANTING (NORTH SIDE) 1 LS $__________ $____________ C7 PLANT ESTABLISHMENT &
MAINTENANCE (NORTH SIDE)
1 LS $__________ $____________
BID ALTERNATE NO. 3 TOTAL AMOUNT IN FIGURES:
BID ALTERNATE NO. 3 TOTAL AMOUNT IN WORDS:
TOTAL BASE BID PLUS BID ALTERNATES 1-3 IN FIGURES:
TOTAL BASE BID PLUS BID ALTERNATES 1-3 IN WORDS:
Signature of Bidder: ____________________________________ Date: _______________ LS=lump sum, EA=each, LF=linear feet
The Contractor shall comply with the requirements the State Labor Code.
The undersigned further agrees that in case of default in executing and submitting the Contract with required bonds and insurance within ten (10) working days after having received notice that the Contract is ready for signature, the proceeds of the check or bond accompanying this Bid shall become the property of the City.
$2,380.00 $2,380.00
$6,255.00
six thousand two hundred fifty-five dollars and no cents $10,420.00
-$52,910.00
-$7,359.00
$385.00
$750.00
$10,520.00
$3,335.62
$10,420.00
-$52,910.00
-$7,359.00
$14,630.00
$38,250.00
$10,520.00
$3,335.62
$16,886.62
sixteen thousand eight hundred eighty-six dollars and 62 cents $1,676,107.62
one million six hundred seventy-six thousand one hundred seven dollars and 62 cents 08/22/2023
Attachment 1.A
12.B-9Council Agenda 9-5-2023
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Attachment 1.B
12.B-10Council Agenda 9-5-2023
Packet Page 88
ESTIMATED FEE BREAKDOWN SCHEDULE
Coordination, Construction Inspection and Quality Assurance City of Pismo Beach -James Way Beautification Project
Task 1 Coordnation for Inspection/Testing
Descri tion
Senior Principal Engineer
Assistant Engineer
Clerical
Task 2 Laboratory Testing and QA Subgrade/Base (5 Call Outs) Descri tion
ASTM D-1557 Maximum Density Curve
Construction Inspector
Equipment/ Vehicle Usage
Task 3 Laboratory Testing for PCC (6 Pours)
Descri tion
PCC Cylinders (6 cylinders per test)
Cylinder Pickup
Construction Inspector
Equipment/ Vehicle Usage
Units
8 8
8 Units
4 20
5 Units
42 6
24 6
Task 4 Verification and Determination of Compliance and Acceptance Descri tion
Senior Principal Engineer
QA Manager
Lab Manager
Units
4 8
8 Rate
$260 I hour
$175 I hour
$80 I hour
Estimated Task 1 Fees:
Rate
$290 I test
$145 /hour
$160 I day
Estimated Task 2 Fees:
Rate
$65 I each
$250 I each
$145 / hour
$160 I day
Estimated Task 3 Fees:
Rate
$260 I hour
$175 I hour
$180 I hour
Estimated Task 4 Fees:
Total
$2,080
$1,400
$640
$4,120
Total
$1,160
$2,900
$800
$4,860
Total
$2,730
$1,500
$3,480
$960
$8,670
Total
$1,040
$1,400
$1,440
$3,880
Total Estimated Fees: $21,530
170 / hour 210/hour
fi3
Attachment 1.B
12.B-11Council Agenda 9-5-2023
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Construction Services Agreement (Rev. 2/2/2018)
CITY OF PISMO BEACH
CONSTRUCTION SERVICES AGREEMENT
This Construction Services Agreement (“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 JJ Fisher Construction, Inc., a corporation ("CONTRACTOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
I.SCOPE OF WORK
CONTRACTOR shall perform within the time set forth in Article 2 of this AGREEMENT and shall furnish at its own cost all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the construction of landscape and site improvements for the James Way Beautification Project (hereinafter “Project”).
By entering into this AGREEMENT, CONTRACTOR acknowledges that there may be other contractors on the site whose work will be coordinated with that of its own. CONTRACTOR expressly warrants and agrees that it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, CITY, the Project Manager, the Public Works Director/City Engineer, or utilities. CONTRACTOR also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be a direct action against the separate contractor. To the extent allowed by law, CONTRACTOR will have no remedy, and hereby expressly waives any remedy against CITY, the Project Manager, or the Public Works Director/City Engineer on account of delay, hindrance, interference or other events caused by a separate contractor.
II. TIME FOR PROJECT COMPLETION
All of CONTRACTOR’s work on the Project shall be completed within durations established for the individual activities as set forth in the Project Construction Schedule. All work shall commence fifteen (15) calendar days after receiving a written Notice to Proceed from CITY or Project Manager, if a Project Manager is employed by CITY on the Project. CONTRACTOR shall refer to the invitations for bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations. The aggregate sum total work of all individual Prime Contractors to CITY comprises the entire “Project” and shall be commenced and completed in conformance with the Project Construction Schedule. The entire Project shall be completed within ninety (90) consecutive working days (“Contract Time”).
III. THE CONTRACT SUM
CITY shall pay to CONTRACTOR for the performance of this AGREEMENT, subject to any additions and deductions provided in the Project documents, the sum of one million six hundred fifty-nine thousand two hundred twenty one dollars for the base bid plus bid alternates 1 and 2 or one million six hundred sixty-nine thousand eight hundred fifty-two dollars and sixty-two cents for the base bid plus bid alternates 1 and 3 per Council Direction ($1,659,221.00 for the base bid plus bid alternates 1 and 2 or $1,669,852.62 for the base bid plus bid alternates 1 and 3 per Council Direction).
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Construction Services Agreement (Rev. 2/2/2018)
IV.PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Public Works Director/City Engineer by CONTRACTOR and Certificates for Payment issued by the Public Works Director/City Engineer, CITY shall make progress payments on account of the Contract Sum to CONTRACTOR as provided in the General Conditions.
This AGREEMENT is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to CONTRACTOR of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This AGREEMENT hereby incorporates the provisions of Article 1.7 as though fully set forth herein.
This AGREEMENT is also subject to the provisions of Public Contract Code Section 9204, which provides for the submission and resolution of specified claims by CONTRACTOR, including provisions governing the type of claims that may be submitted, the time to respond to such claims, and alternative dispute resolution procedures. The provisions of Section 9204 are incorporated herein by reference, and to the extent CONTRACTOR asserts a claim specified by Section 9204, CONTRACTOR shall comply with all provisions set forth in Section 9204 in submitting a claim to CITY.
V. RETENTION OF SECURITIES
Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by CITY to ensure performance under a contract, at the request and expense of CONTRACTOR.
Substitution of securities shall not be required in contracts in which there will be financing provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921 et seq.), and where federal regulations or policies, or both, do not allows the substitution of securities. Alternatively, CONTRACTOR may request that CITY make payment of retention earned directly to an escrow agent at the expense of CONTRACTOR. At the expense of CONTRACTOR, CONTRACTOR may direct the investment of the payments into securities and CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by CONTRACTOR. Upon satisfactory completion of the contract, CONTRACTOR shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from CITY, pursuant to the terms of this section.
The escrow agreement entered into pursuant to this section must be substantially similar to the form included in Public Contract Code Section 22300(e). CONTRACTOR shall obtain the written consent of its surety to such escrow agreement. Securities eligible for investment under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by CONTRACTOR and CITY.
In accordance with Public Contract Code Section 22300(d)(1), if CONTRACTOR elects to receive interest on moneys withheld in retention by CITY, CONTRACTOR shall, at the request of any subcontractor performing more than five percent of CONTRACTOR’s total bid, make that option available to the subcontractor regarding any moneys withheld in retention by CONTRACTOR from the subcontractor.
Attachment 2
12.B-12Council Agenda 9-5-2023
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Construction Services Agreement (Rev. 2/2/2018)
VI. INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT
To the fullest extent permitted by law, CONTRACTOR 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 CONTRACTOR’s performance or CONTRACTOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by CONTRACTOR, 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 CONTRACTOR’s performance of this AGREEMENT, CONTRACTOR 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.
Payment by CITY is not a condition precedent to enforcement of the indemnities in this section. In the event of any dispute between CONTRACTOR and CITY, as to whether liability arises from the active negligence, sole negligence, or willful misconduct of CITY or its officers, employees, or agents, CONTRACTOR 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. CONTRACTOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorneys' fees, expert fees, and costs of litigation. The provisions of this Section VI shall survive completion of CONTRACTOR’s services or the termination of this AGREEMENT.
VII. PREVAILING WAGES
A. Wage rates for this Project shall be in accordance with the General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1, for San Luis Obispo County. Wage rates shall conform with those posted at 760 Mattie Road, Pismo Beach, and the Project site.
B. The following Labor Code sections are hereby referenced and made a part of this AGREEMENT:
1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.
2. Section 1777.4 - Apprenticeship Requirements.
3. Section 1777.5 - Apprenticeship Requirements.
4. Section 1813 - Penalty for Failure to Pay Overtime.
5. Sections 1810 and 1811 - Working Hour Restrictions.
6. Section 1775 - Payroll Records.
7. Section 1773.8 - Travel and Subsistence Pay.
VIII. RECORD AUDIT
In accordance with Government Code, Section 8546.7, records of both CITY and CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.
IX. CERTIFICATIONS
In addition to certification and licensing requirements identified elsewhere in this agreement, CONTRACTOR shall maintain the following certifications for the duration of this AGREEMENT:
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Construction Services Agreement (Rev. 2/2/2018)
A. None
X. FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by CITY to CONTRACTOR no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the AGREEMENT fully performed, and a final Certificate for Payment has been issued by the Public Works Director/City Engineer.
XI. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT
In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this AGREEMENT in a diligent and workmanlike manner, and if CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then CITY may exclude CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this AGREEMENT or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by CITY, shall be a charge against CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from CITY, or CONTRACTOR shall pay CITY the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this AGREEMENT shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by CITY.
XII. INSURANCE
A. Prior to the beginning of and throughout the duration of the Project, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below.
CONTRACTOR may use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this AGREEMENT and which is applicable to a given loss, claim or demand, will be equally available to CITY.
CONTRACTOR shall provide the following types and amounts of insurance:
1. General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been Attachment 2
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amended. Any endorsement restricting standard Insurance Services Office (ISO) “insured contract” language will not be accepted.
2. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 (06/92) covering bodily injury and property damage for all activities of CONTRACTOR arising out of or in connection with the Project, 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. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code et seq. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees.
4. CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.
5. Products/completed operations coverage. Coverage shall extend a minimum of three (3) years after project completion and shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage.
Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.
B. Other provisions or requirements:
1. Proof of insurance. CONTRACTOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for Workers’ Compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance.
CITY’s Risk Manager or City Attorney may waive the requirement of any insurance policy set forth herein if he/she determines that such a policy is not commercially available to CONTRACTOR, or if the risk to CITY is sufficiently minimal to render such insurance unnecessary. If such a policy is commercially available, additional cost to CONTRACTOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived. Current certification of insurance shall be kept on file with CITY at all times during the term of AGREEMENT. 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. CONTRACTOR 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 Project hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations
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claims. CITY and its officers, elected officials, employees, and agents shall continue as additional insureds under such policies.
3. Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before 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 requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may terminate this AGREEMENT.
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 officers, agents, officials, employees, and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
7. Enforcement of contract provisions (non-estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of CITY to inform CONTRACTOR 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 CONTRACTOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.
9. Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment, for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. In the event CONTRACTOR’S policy of insurance cannot be endorsed to provide this notice of cancellation, CONTACTOR shall provide CITY notice Attachment 2
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of such cancellation, in writing, not later than 24 hours following the effective time of such cancellation.
10. Additional insured status. General liability and automobile insurance policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. 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."
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 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 CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
13. Pass-through clause. CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party providing any work on the Project under the direction of CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in performing work on the Project will be submitted to CITY for review.
14. CITY’s right to revise requirements. CITY reserves the right at any time during the term of the AGREEMENT to change the amounts and types of insurance required by giving CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to CONTRACTOR, CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.
15. Self-insured retentions. Any deductibles or self-insured retention must be declared to and approved by CITY. At the option of CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects CITY, its elected and appointed officials, employees and volunteers, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Self-insurance will not be considered to comply with this paragraph unless approved by CITY.
16. Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
17. Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Project. 8 of 10
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XIII. CONTRACTOR'S LICENSE
CONTRACTOR must possess at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.
CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.
XIV. REGISTRATION REQUIREMENTS
Pursuant to Section 1771.1(a) of the Labor Code:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.
Except as otherwise provided in Labor Code Section 1771.1(a), no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
XV. CORPORATION IN GOOD STANDING
If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that the undersigned is authorized to act for and bind the corporation.
XVI. PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this AGREEMENT shall be deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the AGREEMENT shall forthwith be physically amended to make such insertion or correction.
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XVII. SUBSURFACE HAZARDOUS MATERIALS
A. Pursuant to Public Contract Code Section 7104, in the event the Project includes trenches or other excavations extend deeper than four (4) feet below the surface, CONTRACTOR shall promptly, and before the following conditions are disturbed, notify CITY in writing of any:
1. Material that CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law;
2. Subsurface or latent physical conditions at the site differing from those indicated in the Project specifications;
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Project or the character provided for in the CONTRACT.
B. Upon receipt of said notification CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in CONTRACTOR's cost of or the time required for performance of any part of the Project, CITY will issue a change order under the procedures described in the General Conditions.
C. In the event that a dispute arises between CITY and CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in CONTRACTOR's cost of or time required for performance of any part of the Project, CONTRACTOR shall not be excused from any scheduled completion date provided for by the AGREEMENT, but shall proceed with all work to be performed under the AGREEMENT.
CONTRACTOR shall retain any and all rights provided either by AGREEMENT or by law which pertain to the resolution of disputes and protests between the contracting parties.
XVIII. COMPONENT PARTS OF THE CONTRACT
This AGREEMENT entered into consists of the following CONTRACT DOCUMENTS, all of which are component parts of the AGREEMENT as if herein set out in full or attached hereto:
In addition, all Change Orders and Work Directive Changes authorizing additions, deletions, or modifications, and all appendices, bulletins and addenda as prepared prior to the date of opening Bids setting forth any modifications or corrections or interpretations of any of said documents. In the event of any conflict between the provisions thereof, the terms of said documents shall control over each other in the following order:
1. Agreement
2. Change Orders and Work Directive Changes
3. Addenda
4. Notice to Bidders
5. Contract Proposal
6. Special Provisions
7. Technical Provisions
8. Contract Plans
9. City of Pismo Beach Standard Specifications and Drawings
10. Standard Specifications for Public Works Construction, “Greenbook,” 2015 edition, or the latest edition thereof
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11. Standard Plans for Public Works Construction, “Greenbook,” 2015 edition, or the latest edition thereof
12. California State Department of Transportation Standard Specifications, latest edition, when specifically referenced in the plans.
All of the above named CONTRACT DOCUMENTS are intended to be complementary. Work required by one of the above named CONTRACT DOCUMENTS and not by others shall be done as if required by all.
XIX. ENTIRE CONTRACT
This AGREEMENT constitutes the entire contract of the parties. No other agreements or contracts, whether oral or written, pertaining to the work to be performed, exists between the parties. This AGREEMENT can be modified only by an amendment 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.
CITY:
City of Pismo Beach, a Municipal Corporation
Signed:
Name: Benjamin A. Fine, P.E.
Title: Director of Public Works/City Engineer
Dated: ________________________________
Signed:
Name: Jorge E. Garcia
Title: Interim 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
CONTRACTOR:
JJ Fisher Construction, Inc.
Signed:
Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice:
______________________________________
______________________________________
Email address for official communications:
______________________________________
Vendor Representative:
Name/Title: ____________________________
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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 Cannon Corporation (“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:
James Way Beautification - Construction Management, Inspection and Administration Services
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 June 30, 2024. 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 two hundred sixty-four thousand one hundred seventy-five dollars ($264,175), unless otherwise first approved in writing by CITY.
Should this AGREEMENT be extended pursuant to Section II, VENDOR’s fee may be
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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.
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VII. CITY REPRESENTATIVE
The Engineering 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
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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.
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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.
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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 3
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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
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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.
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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.
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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 3
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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.
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CITY:
City of Pismo Beach, a Municipal Corporation
Signed:
Name: Benjamin A. Fine, P.E.
Title: Director of Public Works/City Engineer
Dated: ________________________________
Signed:
Name: Jorge E. Garcia
Title: Interim 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
VENDOR:
Cannon Corporation
Signed:
Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice (See Section XVIII):
______________________________________
______________________________________
Email address for official communications:
______________________________________
Vendor Representative (See Section VIII):
Name/Title: ____________________________
Attachments:
Exhibit A: Scope of Service
Exhibit B: Compensation Schedule
Attachment 3
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23 ŽŶƐƚƌƵĐƟŽŶDĂŶĂŐĞŵĞŶƚ͕/ŶƐƉĞĐƟŽŶ͕ĂŶĚĚŵŝŶŝƐƚƌĂƟŽŶ^ĞƌǀŝĐĞƐ ĨŽƌƚŚĞ:ĂŵĞƐtĂLJĞĂƵƟĮĐĂƟŽŶWƌŽũĞĐƚ Cannon
tĞŚĂǀĞŽƌŐĂŶŝnjĞĚƚŚĞƉƌŽũĞĐƚƚĂƐŬƐŝŶƚŽƚŚƌĞĞƉŚĂƐĞƐ͗ WŚĂƐĞϭ͘ϬWƌĞͲŽŶƐƚƌƵĐƟŽŶ͕WŚĂƐĞϮ͘ϬŽŶƐƚƌƵĐƟŽŶ
Services, Phase 3.0 Control of Materials, and Phase 4.0 WŽƐƚͲŽŶƐƚƌƵĐƟŽŶ^ĞƌǀŝĐĞƐ͘dŚĞĨŽůůŽǁŝŶŐ^ĐŽƉĞŽĨtŽƌŬ ŝƐďĂƐĞĚŽŶŽƵƌƌĞǀŝĞǁŽĨƚŚĞĐŽŶƐƚƌƵĐƟŽŶĚŽĐƵŵĞŶƚƐ͕ŽƵƌ ƵŶĚĞƌƐƚĂŶĚŝŶŐŽĨƚŚĞƉƌŽũĞĐƚĂŶĚŝƐŝŶĐůƵƐŝǀĞŽĨƚŚĞƐĐŽƉĞ ŽƵƚůŝŶĞĚŝŶƚŚĞZ&W͘
Phase 1.0 Pre-Construction
Task 1.1 Pre-Construction Conference
ĂŶŶŽŶ͛ƐŽŶƐƚƌƵĐƟŽŶDĂŶĂŐĞŵĞŶƚƐƚĂīǁŝůůĂƐƐŝƐƚ
ƚŚĞŝƚLJŝŶĐŽŶĚƵĐƟŶŐƚŚĞƉƌĞͲĐŽŶƐƚƌƵĐƟŽŶĐŽŶĨĞƌĞŶĐĞ
ŝŵŵĞĚŝĂƚĞůLJƵƉŽŶĂǁĂƌĚŽĨƚŚĞĐŽŶƚƌĂĐƚ͘
ĂĐŚƉƌŽũĞĐƚ
ƐƚĂŬĞŚŽůĚĞƌ͕ƐƵĐŚĂƐƌĞƉƌĞƐĞŶƚĂƟǀĞƐŽĨƚŚĞŝƚLJ͕ĚĞƐŝŐŶĞƌ͕ ĐŽŶƚƌĂĐƚŽƌ͕ĂůƚƌĂŶƐ͕ůŽĐĂůĮƌĞĂŶĚƉŽůŝĐĞĚĞƉĂƌƚŵĞŶƚ͕ ĂŶĚƵƟůŝƚLJƌĞƉƌĞƐĞŶƚĂƟǀĞƐ͕ŝŶĐůƵĚŝŶŐW'Θ
͕ŚĂƌƚĞƌ͕
ĂŶĚddǁŝůůďĞŝŶǀŝƚĞĚƚŽĂƩĞŶĚĂŶĚƉĂƌƟĐŝƉĂƚĞŝŶƚŚĞ ŵĞĞƟŶŐ͘dŚĞƉƵƌƉŽƐĞŽĨƚŚŝƐŵĞĞƟŶŐŝƐƚŽĞƐƚĂďůŝƐŚƚŚĞ necessary protocols and procedures to facilitate open
ĂŶĚĐůĞĂƌĐŽŵŵƵŶŝĐĂƟŽŶĂŶĚĐŽŽƌĚŝŶĂƟŽŶďĞƚǁĞĞŶĞĂĐŚ
ƉĂƌƚLJ͘tĞǁŝůůĚŝƐĐƵƐƐƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨƚŚĞĐŽŶƚƌĂĐƚ͕ ŝŶĐůƵĚŝŶŐĚĞƚĂŝůƐƌĞŐĂƌĚŝŶŐĐŽŶƚƌĂĐƚĂĚŵŝŶŝƐƚƌĂƟŽŶ͕
ƐĂĨĞƚLJ͕ĂƌĐŚĞŽůŽŐŝĐĂůĂŶĚĞŶǀŝƌŽŶŵĞŶƚĂůĐŽŶĐĞƌŶƐ͕ƵƟůŝƚLJ ĐŽŽƌĚŝŶĂƟŽŶ͕ĂŶĚŽƚŚĞƌŝƚĞŵƐƌĞůĂƚĞĚƚŽƚŚĞǁŽƌŬǁŝůůďĞ ĚŝƐĐƵƐƐĞĚ͘KƵƌĂƉƉƌŽĂĐŚƚŽŵĂŶĂŐŝŶŐƚŚĞĐŽŶƐƚƌƵĐƟŽŶǁŝůů ďĞĐůĞĂƌůLJĐŽŵŵƵŶŝĐĂƚĞĚƚŽƚŚĞĐŽŶƚƌĂĐƚŽƌ͘
Task 1.2 Review Baseline CPM Schedule
tĞǁŝůůƌĞǀŝĞǁƚŚĞĐŽŶƚƌĂĐƚŽƌ͛ƐďĂƐĞůŝŶĞƐĐŚĞĚƵůĞ
ĨŽƌĐŽŶĨŽƌŵĂŶĐĞǁŝƚŚƚŚĞƐƉĞĐŝĮĐĂƟŽŶƐ͘tĞǁŝůůĂůƐŽ
ĂŶĂůLJnjĞƚŚĞƐĐŚĞĚƵůĞƚŽĐŽŶĮƌŵŝƚƌĞƉƌĞƐĞŶƚƐĂƌĞĂůŝƐƟĐ approach to the work. We will work closely with the
ĐŽŶƚƌĂĐƚŽƌŝŶĂƉƌŽĂĐƟǀĞŵĂŶŶĞƌƚŽĚĞǀĞůŽƉĂŶĂĐĐĞƉƚĂďůĞ ďĂƐĞůŝŶĞ͘tĞǁŝůůĂůƐŽĞǀĂůƵĂƚĞƚŚĞƉƌŽũĞĐƚƐĐŚĞĚƵůĞĂŶĚ ĚĞƚĂŝůĞĚƐĞƋƵĞŶĐĞŽĨĐŽŶƐƚƌƵĐƟŽŶƚŽŝĚĞŶƟĨLJƉŽƚĞŶƟĂů
ŽƉƉŽƌƚƵŶŝƟĞƐƚŽƌĞĚƵĐĞƚŚĞŽǀĞƌĂůůƉƌŽũĞĐƚĐŽƐƚ͕ƟŵĞ͕ĂŶĚ ƉƵďůŝĐŝŶĐŽŶǀĞŶŝĞŶĐĞ͘
Task 1.3 Review Stormwater Pollution
Prevention Program (SWPPP)
WƌŝŽƌƚŽĐŽŵŵĞŶĐŝŶŐĐŽŶƐƚƌƵĐƟŽŶĂĐƟǀŝƟĞƐƚŚĂƚŚĂǀĞ
ƚŚĞƉŽƚĞŶƟĂůƚŽĂīĞĐƚƚŚĞƋƵĂůŝƚLJŽĨƌƵŶŽīĨƌŽŵƚŚĞ
ƉƌŽũĞĐƚ͕ƚŚĞ^tWWWŵƵƐƚďĞƐƵďŵŝƩĞĚ͕ƌĞǀŝĞǁĞĚ͕ĂŶĚ
ĂƉƉƌŽǀĞĚ͕ĂŶĚƚŚĞŝƚLJŵƵƐƚŽďƚĂŝŶƚŚĞtĂƐƚĞŝƐĐŚĂƌŐĞƌ /ĚĞŶƟĮĐĂƟŽŶ;t/ͿŶƵŵďĞƌĨƌŽŵƚŚĞZĞŐŝŽŶĂůtĂƚĞƌ
YƵĂůŝƚLJŽŶƚƌŽůŽĂƌĚ;ZtYͿ͘tĞĞdžƉĞĐƚƐƵďŵŝƩĂů
ŽĨƚŚĞ^tWWWǁŝůůďĞŽŶĞŽĨƚŚĞĮƌƐƚŝƚĞŵƐĂĚĚƌĞƐƐĞĚ
ďLJƚŚĞĐŽŶƚƌĂĐƚŽƌ͘ĂŶŶŽŶŚĂƐƐĞǀĞƌĂůYƵĂůŝĮĞĚ^tWWW
ĞǀĞůŽƉĞƌƐĂŶĚWƌĂĐƟƟŽŶĞƌƐ;Y^ͬY^WͿƚŚĂƚĂƌĞĐĞƌƟĮĞĚ
ƵŶĚĞƌƚŚĞƉƌŽǀŝƐŝŽŶƐŽĨƚŚĞŽŶƐƚƌƵĐƟŽŶ'ĞŶĞƌĂůWĞƌŵŝƚ͘ dŚŝƐŚŝŐŚůLJƋƵĂůŝĮĞĚ^tWWWƚĞĂŵǁŝůůĐŽŵƉůĞƚĞƚŚĞ
ĚƵƟĞƐŽĨďĞƐƚŵĂŶĂŐĞŵĞŶƚƉƌĂĐƟĐĞ;DWͿŝŶƐƉĞĐƟŽŶƐ͕
ƌĞƉŽƌƚƐ͕ĂŶĚĐŽŶƟŶƵŽƵƐŵŽŶŝƚŽƌŝŶŐŽĨĐŽŵƉůŝĂŶĐĞĚƵƌŝŶŐ ĐŽŶƐƚƌƵĐƟŽŶ͘
Task 1.4 Review Initial Project Submittals
dŚĞĐŽŶƚƌĂĐƚŽƌǁŝůůĨƵƌŶŝƐŚƉƌŽũĞĐƚƐƵďŵŝƩĂůƐ͕ĂƐ
necessary, to comply with the provisions of the
ƐƉĞĐŝĮĐĂƟŽŶƐ͘ƵĞƚŽůŽŶŐůĞĂĚƟŵĞƐĨŽƌƚŚĞƌĞǀŝĞǁĂŶĚ ĂƉƉƌŽǀĂůŽĨƐŽŵĞŬĞLJƐƵďŵŝƩĂůƐ͕ǁĞĞdžƉĞĐƚƚŚĂƚƚŚĞ
ĨŽůůŽǁŝŶŐƐƵďŵŝƩĂůƐŵĂLJďĞƉƌŽĐĞƐƐĞĚĞĂƌůLJŝŶƚŚĞƉƌŽũĞĐƚ͗ •DĂƚĞƌŝĂůƐƵďŵŝƩĂůƐ͘
•dƌĂĸĐĐŽŶƚƌŽůƉůĂŶƐĨŽƌĞĂĐŚƐƚĂŐĞŽĨĐŽŶƐƚƌƵĐƟŽŶ͘
•,ŽƚDŝdžƐƉŚĂůƚ;,DͿ:ŽďDŝdž&ŽƌŵƵůĂ;:D&Ϳ
ƌĞǀŝĞǁĂŶĚǀĞƌŝĮĐĂƟŽŶĨŽƌĐŽŶĨŽƌŵƉĂǀŝŶŐ͘
•ŽŶĐƌĞƚĞDŝdžĞƐŝŐŶĨŽƌƌĂŵƉƐ͕ƐƉĂŶĚƌĞůƐ͕ĐƌŽƐƐ
ŐƵƩĞƌƐ͕ĂŶĚĐƵƌďĂŶĚŐƵƩĞƌ͘
•Precast concrete items.
•
džĐĂǀĂƟŽŶƉůĂŶƐƌĞǀŝĞǁĂŶĚĂƉƉƌŽǀĂů͘
•WŽƚŚŽůĞĚĂƚĂƌĞƋƵŝƌĞĚĂƐƉĂƌƚŽĨƚŚĞƵƟůŝƚLJ
ŝŶǀĞƐƟŐĂƟŽŶƐŽĨƐĞĐƟŽŶϭϬͲϭ͘ϬϴŽĨƉƌŽũĞĐƚ
ƐƉĞĐŝĮĐĂƟŽŶƐ͘
Task 1.5 Utility Coordination
/ƚŝƐŝŵƉĞƌĂƟǀĞƚŚĂƚƚŚĞƌĞƋƵŝƌĞĚƵƟůŝƚLJƌĞůŽĐĂƟŽŶƐďĞ ĐŽŵƉůĞƚĞĚƉƌŝŽƌƚŽƚŚĞďĞŐŝŶŶŝŶŐŽĨĐŽŶƐƚƌƵĐƟŽŶ͘tĞǁŝůů ŝĚĞŶƟĨLJĞĂĐŚƵƟůŝƚLJĨĂĐŝůŝƚLJǁŝƚŚŝŶŽƌĂīĞĐƟŶŐƚŚĞƌŝŐŚƚͲ ŽĨͲǁĂLJ;ZKtͿĂŶĚƚŚĞƵƟůŝƚLJ͛ƐĚŝƐƉŽƐŝƟŽŶǁŝƚŚƌĞƐƉĞĐƚƚŽ ƚŚĞǁŽƌŬŽĨƚŚĞƉƌŽũĞĐƚ͘tĞǁŝůůŝĚĞŶƟĨLJƵƟůŝƟĞƐƌĞƋƵŝƌŝŶŐ ĂƩĞŶƟŽŶďLJƚŚĞƌĞƐƉĞĐƟǀĞƵƟůŝƚLJŽǁŶĞƌ͕ĂŶĚǁĞǁŝůůůŽŐ ĂŶĚƚƌĂĐŬƌĞůĞǀĂŶƚŝŶĨŽƌŵĂƟŽŶĂŶĚĂĐƟǀŝƟĞƐƌĞůĂƚĞĚƚŽƚŚĞ ƵƟůŝƚLJĨĂĐŝůŝƚLJƚŚƌŽƵŐŚŽƵƚƚŚĞĐŽƵƌƐĞŽĨƚŚĞƉƌŽũĞĐƚ͘
tĞŚĂǀĞĨŽƵŶĚƚŚĂƚŝŵƉůĞŵĞŶƚĂƟŽŶŽĨƚŚŝƐƐLJƐƚĞŵĂƟĐ
ĂƉƉƌŽĂĐŚƚŽƵƟůŝƚLJǁŽƌŬŚĂƐƐĞƌǀĞĚƚŽĞdžƉĞĚŝƚĞƚŚĞ
ĐŽŽƌĚŝŶĂƟŽŶĞīŽƌƚĂŶĚĨĂĐŝůŝƚĂƚĞĚƚŚĞŵŝƟŐĂƟŽŶŽĨ
ŝŵƉĂĐƚƐƚŽƚŚĞƉƌŽũĞĐƚ͘
dŚĞĂŶŶŽŶŽŶƐƚƌƵĐƟŽŶDĂŶĂŐĞŵĞŶƚƚĞĂŵŚĂƐ
ĞdžƚĞŶƐŝǀĞĞdžƉĞƌŝĞŶĐĞǁŽƌŬŝŶŐǁŝƚŚƚŚĞƵƟůŝƟĞƐŝĚĞŶƟĮĞĚ ŝŶƚŚĞƉůĂŶƐĂŶĚǁĞŚĂǀĞĚĞǀĞůŽƉĞĚƉĞƌƐŽŶĂůƌĞůĂƟŽŶƐŚŝƉƐ ǁŝƚŚůŽĐĂůƌĞƉƌĞƐĞŶƚĂƟǀĞƐĨƌŽŵƉƵďůŝĐƵƟůŝƟĞƐƐƵĐŚĂƐ
Scope of Work66&YIJCJU"
24 ŽŶƐƚƌƵĐƟŽŶDĂŶĂŐĞŵĞŶƚ͕/ŶƐƉĞĐƟŽŶ͕ĂŶĚĚŵŝŶŝƐƚƌĂƟŽŶ^ĞƌǀŝĐĞƐ ĨŽƌƚŚĞ:ĂŵĞƐtĂLJĞĂƵƟĮĐĂƟŽŶWƌŽũĞĐƚ Cannon
PG&E, Charter, Gas Company, and ATT; and we have also
ǁŽƌŬĞĚĞdžƚĞŶƐŝǀĞůLJǁŝƚŚWŚŝůůŝƉϲϲƐƚĂīŽŶƐŝŵŝůĂƌƌŽĂĚ ŝŵƉƌŽǀĞŵĞŶƚƉƌŽũĞĐƚƐƚŚĂƚŝŶǀŽůǀĞǁŽƌŬŶĞĂƌƚŚĞŝƌƉŝƉĞůŝŶĞ infrastructure.
Task 1.6 Public Outreach
,ĂǀŝŶŐƚŚĞĞdžƉĞƌŝĞŶĐĞŽĨĚĞĂůŝŶŐǁŝƚŚŚŝŐŚƉƌŽĮůĞƉƌŽũĞĐƚƐ in the City of Pismo Beach such as the Pismo Pavement
ZĞŚĂďŝůŝƚĂƟŽŶWƌŽũĞĐƚ͕WŝƐŵŽWŝĞƌZĞĐŽŶƐƚƌƵĐƟŽŶ͕WŝƐŵŽ WƌŽŵĞŶĂĚĞ/s͕ĂŶĚWŝƐŵŽůƵīƐ^ƚĂďŝůŝnjĂƟŽŶƉƌŽũĞĐƚ;ĂůŽŶŐ ǁŝƚŚŵĂŶLJŽƚŚĞƌƉƌŽũĞĐƚƐƚŚƌŽƵŐŚŽƵƚ^ĂŶ>ƵŝƐKďŝƐƉŽ
ŽƵŶƚLJͿ͕ƚŚĞŵĞŵďĞƌƐŽĨƚŚĞĂŶŶŽŶƚĞĂŵĂƌĞǁĞůůǀĞƌƐĞĚ ŝŶŝŶƚĞƌĂĐƟŶŐǁŝƚŚƚŚĞŐĞŶĞƌĂůƉƵďůŝĐĚƵƌŝŶŐĐŽŶƐƚƌƵĐƟŽŶ͘ tĞĂƌĞĐŽŵŵŝƩĞĚƚŽďĞŝŶŐƚŚĞĮƌƐƚůŝŶĞŽĨĐŽŶƚĂĐƚŝŶ
ĂĚĚƌĞƐƐŝŶŐƚŚĞĐŽŶĐĞƌŶƐĂŶĚĐŽŵƉůĂŝŶƚƐŽĨƚŚĞƉƵďůŝĐǁŝƚŚ ƚŚĞĂƩĞŶƟŽŶƚŚĂƚƚŚĞĐŝƟnjĞŶƐŽĨWŝƐŵŽĞĂĐŚĚĞƐĞƌǀĞ͘
/ƚŝƐĞdžƉĞĐƚĞĚƚŚĂƚƚŚĞƉƌŽũĞĐƚǁŝůůŐĞŶĞƌĂƚĞƐŝŐŶŝĮĐĂŶƚ ƚĞŵƉŽƌĂƌLJĚŝƐƌƵƉƟŽŶƐƚŽƚŚĞĚĂŝůLJƚƌĂĸĐƌŽƵƟŶĞƐŽĨůŽĐĂů ĐŽŵŵƵƚĞƌƐ͕ĂŶĚŝƚŝƐŽƵƌŐŽĂů͕ƚŚƌŽƵŐŚŽƵƌƐLJƐƚĞŵĂƟĐ
ĐŽŶƐƚƌƵĐƟŽŶŵĂŶĂŐĞŵĞŶƚƉƌŽŐƌĂŵĂŶĚĞīĞĐƟǀĞ
ĐŽŵŵƵŶŝĐĂƟŽŶŝŶƉĂƌƚŶĞƌƐŚŝƉǁŝƚŚƚŚĞŝƚLJ͕ƚŚĂƚƐĂĨĞƚLJ ĂŶĚƉƵďůŝĐĐŽŶǀĞŶŝĞŶĐĞďĞĂĚĚƌĞƐƐĞĚƚŚŽƌŽƵŐŚůLJŽŶĂ
ĐĂƐĞͲďLJͲĐĂƐĞďĂƐŝƐĚƵƌŝŶŐĞĂĐŚƐƚĂŐĞŽĨĐŽŶƐƚƌƵĐƟŽŶ͘
Phase 2.0 Construction Services
Task 2.1 Records and Documentation
ƐĚĞƐĐƌŝďĞĚĞĂƌůŝĞƌŝŶƚŚŝƐƉƌŽƉŽƐĂů͕ĂŶŶŽŶ͛ƐƌĞĐŽƌĚƐ͕ ĨŽƌŵƐ͕ĚŽĐƵŵĞŶƚĂƟŽŶ͕ĂŶĚĐŽŶƐƚƌƵĐƟŽŶƉƌŽĐĞĚƵƌĞƐ
ĂƌĞŵŽĚĞůĞĚĂŌĞƌĂůƚƌĂŶƐĐĂƚĞŐŽƌŝĞƐĂŶĚ>ŽĐĂů
Assistance Procedure Manual methods and guidelines.
tĞǁŝůůĞƐƚĂďůŝƐŚĮůĞĐĂƚĞŐŽƌŝĞƐƉƌŝŽƌƚŽƚŚĞďĞŐŝŶŶŝŶŐŽĨ ĐŽŶƐƚƌƵĐƟŽŶ͘
ZĞůĞǀĂŶƚƐƵďͲĐĂƚĞŐŽƌŝĞƐŝĚĞŶƟĮĞĚ͕ĂƐǁĞůůĂƐůŽŐƐ͕
ƐƵŵŵĂƌLJƉĂŐĞƐ͕ĂŶĚƐƚĂŶĚĂƌĚĨŽƌŵƐ͕ǁŝůůďĞƉƌĞƉĂƌĞĚ
ĨŽƌƵƐĞĚƵƌŝŶŐĐŽŶƐƚƌƵĐƟŽŶ͘tĞĂƌĞŝŶƚŚĞƉƌĂĐƟĐĞŽĨ
ŵĂŝŶƚĂŝŶŝŶŐĐŽŶƐƚƌƵĐƟŽŶƌĞĐŽƌĚƐĚĂŝůLJĂŶĚǁŝůůďĞƵƐŝŶŐ WƌŽĐŽƌĞĂƐƚŚĞƉůĂƞŽƌŵĨŽƌƚŚĞƉƌŽũĞĐƚĚŽĐƵŵĞŶƚĂƟŽŶ͘
Task 2.2 Safety and Traffic Management
dŚĞĂŶŶŽŶŽŶƐƚƌƵĐƟŽŶDĂŶĂŐĞŵĞŶƚƚĞĂŵƵŶĚĞƌƐƚĂŶĚƐ
ƚŚĞŝŵƉŽƌƚĂŶĐĞŽĨĞƐƚĂďůŝƐŚŝŶŐĂǁĞůůͲĚĞĮŶĞĚ
ĐŽŵŵƵŶŝĐĂƟŽŶƐƚƌĂƚĞŐLJǁŝƚŚĂůƚƌĂŶƐƚŽŬĞĞƉƚŚĞ
oversight engineer informed and involved with work within ƚŚĞZKt͘tĞǁŝůůĐŽŶƐƵůƚǁŝƚŚƚŚĞĂůƚƌĂŶƐƌĞƉƌĞƐĞŶƚĂƟǀĞƐ ŽŶĂƌĞŐƵůĂƌďĂƐŝƐĂŶĚƌĞƋƵĞƐƚƚŚĞŝƌŝŶƉƵƚŽŶŝƚĞŵƐŽĨ ǁŽƌŬǁŝƚŚŝŶƚŚĞZKtƚŽĐŽŶĮƌŵǁĞŵĞĞƚĞdžƉĞĐƚĂƟŽŶƐ͘
/ŶĐůƵĚĞĚďĞůŽǁĂƌĞŬĞLJĐŽŽƌĚŝŶĂƟŽŶŝƚĞŵƐƚŚĂƚǁŝůůĂƐƐŝƐƚ ŝŶĐŽŽƌĚŝŶĂƟŽŶǁŝƚŚĂůƚƌĂŶƐ͗
dĂƐŬϮ͘Ϯ͘ϭdƌĂĸĐ^ĂĨĞƚLJDĂŶĂŐĞŵĞŶƚ͗ŽŶƐƚƌƵĐƟŽŶ
ƐƚĂŐŝŶŐ͕ŝŶƉĂƌƟĐƵůĂƌƚŚĞƚƌĂŶƐŝƟŽŶĨƌŽŵŽŶĞƐƚĂŐĞ
ƚŽƚŚĞŶĞdžƚ͕ŝƐŽĨĐƌŝƟĐĂůĐŽŶĐĞƌŶƚŽƉƵďůŝĐƐĂĨĞƚLJĂŶĚ ĐŽŶǀĞŶŝĞŶĐĞĂůŽŶŐ:ĂŵĞƐtĂLJZŽĂĚ͘/ŶĂĚĚŝƟŽŶƚŽƚŚĞ
ĚĞǀĞůŽƉŵĞŶƚĂŶĚĂƉƉƌŽǀĂůŽĨƚŚĞĐŽŶƚƌĂĐƚŽƌ͛ƐdƌĂĸĐ
^ĂĨĞƚLJĂŶĚDĂŶĂŐĞŵĞŶƚWůĂŶƐ;ŝŶĐŽŶƐƵůƚĂƟŽŶǁŝƚŚ
ŝƚLJƐƚĂīͿ͕ǁĞǁŝůůĨĂĐŝůŝƚĂƚĞĂƐĞƌŝĞƐŽĨƉƌĞͲŽƉĞƌĂƟŽŶƐ ƉůĂŶŶŝŶŐŵĞĞƟŶŐƐďĞƚǁĞĞŶƚŚĞŝƚLJ͕ĐŽŶƚƌĂĐƚŽƌ͕ĂŶĚŽƵƌ ĐŽŶƐƚƌƵĐƟŽŶŵĂŶĂŐĞŵĞŶƚƚĞĂŵĨŽƌƚŚĞĞdžƉƌĞƐƐƉƵƌƉŽƐĞ
ŽĨĐŽŵŵƵŶŝĐĂƟŶŐƚŚĞĞdžƉĞĐƚĂƟŽŶƐŽĨĞĂĐŚƉĂƌƚLJĂŶĚ
ĚĞǀĞůŽƉŝŶŐĚĞƚĂŝůĞĚƉƌŽĐĞĚƵƌĞƐĨŽƌƚŚĞƐĂĨĞĞdžĞĐƵƟŽŶŽĨ ƉƌŽƉŽƐĞĚƚƌĂŶƐŝƟŽŶƐ͘
dĂƐŬϮ͘Ϯ͘ϮtĞĞŬůLJdƌĂĸĐhƉĚĂƚĞƐ͗tĞǁŝůůƐƵďŵŝƚǁĞĞŬůLJ updates to the City engineer and include updates for
ƚŚĞĨŽůůŽǁŝŶŐǁĞĞŬ;ƐͿ͘dŚŝƐƉƌŽĐĞƐƐǁŝůůďĞŵĂŝŶƚĂŝŶĞĚ ƚŚƌŽƵŐŚƚŚĞĚƵƌĂƟŽŶŽĨƚŚĞĐŽŶƐƚƌƵĐƟŽŶǁŽƌŬ͕ǁŚŝĐŚŵĂLJ ƌĞƋƵŝƌĞůĂŶĞĐůŽƐƵƌĞƐ͕ĚĞůĂLJƐ͕ŽƌŽƚŚĞƌǁŽƌŬƌĞƋƵŝƌŝŶŐůĂŶĞ ƌĞƐƚƌŝĐƟŽŶƐŽŶ:ĂŵĞƐtĂLJ͘
Task 2.3 Schedule and Progress
<ĞĞƉŝŶŐĐŽŶƐƚƌƵĐƟŽŶŽŶƚƌĂĐŬŝƐŽŶĞŽĨƚŚĞŵŽƐƚ
ŝŵƉŽƌƚĂŶƚĨĞĂƚƵƌĞƐŽĨƌƵŶŶŝŶŐĂůŝŶĞĂƌĐŽŶƐƚƌƵĐƟŽŶƉƌŽũĞĐƚ of this type. With this in mind, we will closely monitor the ƉƌŽũĞĐƚ͛ƐƉƌŽŐƌĞƐƐĐŽŵƉĂƌĞĚƚŽƚŚĞĂƉƉƌŽǀĞĚĂƐĞůŝŶĞ
^ĐŚĞĚƵůĞĂŶĚƐƟƉƵůĂƚĞĚƐĐŚĞĚƵůŝŶŐŵĞƚŚŽĚŽůŽŐLJ͘KƚŚĞƌ
ƚŽŽůƐ͕ĚĞƐĐƌŝďĞĚďĞůŽǁ͕ǁŝůůĂůƐŽďĞŝŵƉůĞŵĞŶƚĞĚƚŽ
ĨĂĐŝůŝƚĂƚĞƉƌŽũĞĐƚƉƌŽŐƌĞƐƐ͕ĂŶĚŵŝƟŐĂƚĞƉŽƐƐŝďůĞĚĞůĂLJƐ͗ dĂƐŬϮ͘ϯ͘ϭ^ĐŚĞĚƵůĞhƉĚĂƚĞƐ͗dŚĞƉƌŝŶĐŝƉĂůŽďũĞĐƟǀĞƐĨŽƌ this task include the following:
•ZĞǀŝĞǁŝŶŐƚŚĞĐƵƌƌĞŶƚĐŽŶƐƚƌƵĐƟŽŶƐĐŚĞĚƵůĞ
ƚŽĐŽŶĮƌŵƚŚĂƚŝƚŝƐƉƌĞƉĂƌĞĚƉƌŽƉĞƌůLJ͕ĨƌĞĞŽĨ
ƐĐŚĞĚƵůŝŶŐĐŽŶŇŝĐƚƐ͕ĂŶĚƚŚĂƚƉƌŽũĞĐƚŵŝůĞƐƚŽŶĞƐĂƌĞ
ĐůĞĂƌůLJŝĚĞŶƟĮĞĚĂŶĚŵĞĞƚƚŚĞŽǀĞƌĂůůƉƌŽũĞĐƚŐŽĂůƐ͘
•ƐƐĞƐƐŝŶŐƉƌŽŐƌĞƐƐŽĨƚŚĞƉƌŽũĞĐƚŝŶƌĞůĂƟŽŶƚŽƚŚĞ
ĂƉƉƌŽǀĞĚďĂƐĞůŝŶĞƐĐŚĞĚƵůĞƚŽĂĚĞƋƵĂƚĞůLJƌĞĐŽƌĚ
ǁŽƌŬͲŝŶͲƉůĂĐĞĂŶĚĂŶƟĐŝƉĂƚĞƉŽƚĞŶƟĂůĚĞůĂLJƐ͘tŚĞŶ
needed, we will review the contractor’s plan for
ŝŵƉůĞŵĞŶƚĂƟŽŶŽƌƌĞŵĞĚŝĂůŵĞĂƐƵƌĞƐƚŽŵĂŝŶƚĂŝŶŽƌ
recover progress.
•<ĞĞƉŝŶŐƚŚĞŝƚLJĂďƌĞĂƐƚŽĨƐĐŚĞĚƵůĞƐůŝƉƐŽƌŶĞĞĚ
ĨŽƌĂĚũƵƐƚŵĞŶƚƐ͘/ŶĐŽŶũƵŶĐƟŽŶǁŝƚŚƚŚĞŝƚLJ͕ǁĞǁŝůů
ŶĞŐŽƟĂƚĞƐĐŚĞĚƵůĞĂĚũƵƐƚŵĞŶƚƐǁŝƚŚƚŚĞĐŽŶƚƌĂĐƚŽƌ
ƚŚĂƚŵĂLJďĞƌĞƋƵŝƌĞĚĚƵĞƚŽĐŚĂŶŐĞŽƌĚĞƌƐ͕ǁĞĂƚŚĞƌ
ĐŽŶĚŝƟŽŶƐ͕ŽƌŽƚŚĞƌŝŵƉĂĐƚƐƌĞƋƵŝƌŝŶŐƐĐŚĞĚƵůĞ
ĂĚũƵƐƚŵĞŶƚƐ͘
hƐŝŶŐƚŚĞŝƚLJ͛ƐǁĞďƐŝƚĞƚŽĐŽŵŵƵŶŝĐĂƚĞĐŽŶƐƚƌƵĐƟŽŶ
ƐĐŚĞĚƵůĞƵƉĚĂƚĞƐĐŽƵůĚƉƌŽǀŝĚĞĂŶĞĸĐŝĞŶƚǁĂLJŽĨ
ŬĞĞƉŝŶŐƚŚĞƉƵďůŝĐŝŶĨŽƌŵĞĚ͘
Attachment 3
12.B-23Council Agenda 9-5-2023
Packet Page 101
25 ŽŶƐƚƌƵĐƟŽŶDĂŶĂŐĞŵĞŶƚ͕/ŶƐƉĞĐƟŽŶ͕ĂŶĚĚŵŝŶŝƐƚƌĂƟŽŶ^ĞƌǀŝĐĞƐ ĨŽƌƚŚĞ:ĂŵĞƐtĂLJĞĂƵƟĮĐĂƟŽŶWƌŽũĞĐƚ Cannon
dĂƐŬϮ͘ϯ͘ϮtĞĞŬůLJDĞĞƟŶŐƐ͗KŶĞŽĨƚŚĞŵŽƐƚĞīĞĐƟǀĞ
ƚŽŽůƐŝŶŵŽŶŝƚŽƌŝŶŐƉƌŽŐƌĞƐƐĂŶĚŬĞĞƉŝŶŐƚŚĞƉƌŽũĞĐƚŽŶ ƚƌĂĐŬŝƐƚŚĞtĞĞŬůLJWƌŽŐƌĞƐƐDĞĞƟŶŐ͘dŚĞĂŐĞŶĚĂĨŽƌ
ƚŚĞƐĞŵĞĞƟŶŐƐŝƐĚĞƐŝŐŶĞĚƚŽĨĂĐŝůŝƚĂƚĞĚŝƐĐƵƐƐŝŽŶŽĨ
ŽŶŐŽŝŶŐĂŶĚŶĞǁŝƐƐƵĞƐƌĞůĂƚĞĚƚŽƚŚĞĐŽŶƐƚƌƵĐƟŽŶ͘dŚĞ ƐƚĂƚƵƐŽĨƐƵďŵŝƩĂůƐ͕Z&/Ɛ͕EKWƐ͕KƐĂƌĞƵƉĚĂƚĞĚ͕ĂŶĚ ĚĂƚĞƐĂŶĚƌĞƐƉŽŶƐŝďŝůŝƟĞƐĨŽƌĂĐƟŽŶŝƚĞŵƐĂƌĞĂŐƌĞĞĚ
ƵƉŽŶ͘/ƐƐƵĞƐŽĨŶŽŶͲĐŽŵƉůŝĂŶĐĞ͕ƵƟůŝƚLJĐŽŽƌĚŝŶĂƟŽŶ͕
safety, SWPPP, archeological and environmental issues are also discussed, as necessary.
dŚĞƐŝŶŐůĞŵŽƐƚďĞŶĞĮĐŝĂůŝƚĞŵŝŶƚŚĞtĞĞŬůLJWƌŽŐƌĞƐƐ
DĞĞƟŶŐŝƐƚŚĞƌĞƋƵŝƌĞŵĞŶƚĨŽƌƚŚĞĐŽŶƚƌĂĐƚŽƌƚŽƉƌĞƐĞŶƚ ĂĨŽƵƌͲǁĞĞŬůŽŽŬͲĂŚĞĂĚƐĐŚĞĚƵůĞƐŚŽǁŝŶŐƚŚĞĞdžƉĞĐƚĞĚ
ŽƉĞƌĂƟŽŶƐĂŶĚƌĞƐŽƵƌĐĞĚŝƐƚƌŝďƵƟŽŶƐĨŽƌƵƉĐŽŵŝŶŐǁŽƌŬ͘
dĂƐŬϮ͘ϯ͘ϯtĞĞŬůLJ^ƚĂƚĞŵĞŶƚŽĨtŽƌŬŝŶŐĂLJƐ͗We
will furnish a Weekly Statement of Working Days to the
ĐŽŶƚƌĂĐƚŽƌŝŶĚŝĐĂƟŶŐƚŚĞĐŽŶƚƌŽůůŝŶŐŽƉĞƌĂƟŽŶ;ƐͿĨŽƌ
ƚŚĞǁĞĞŬ͕ǁŽƌŬŝŶŐĚĂLJƐ͕ƌĂŝŶĚĂLJƐ͕ĂŶĚĂĐĂůĐƵůĂƟŽŶŽĨ ƌĞŵĂŝŶŝŶŐĐŽŶƚƌĂĐƚĚĂLJƐ͕ŝŶĐůƵĚŝŶŐĂĚĚĞĚĚĂLJƐďLJKƐ͘
Task 2.4 Submittals and Requests for
Information (RFIs)
dŚĞƐƵďŵŝƩĂůĂŶĚZ&/ŵĂŶĂŐĞŵĞŶƚƉƌŽĐĞƐƐǁŝůůŝŶĐůƵĚĞ
ƚŚĞƚƌĂĐŬŝŶŐĞĂĐŚZ&/͕ƐŚŽƉĚƌĂǁŝŶŐ͕ĂŶĚŽƚŚĞƌƐƵďŵŝƩĂů ĨƌŽŵƚŚĞĐŽŶƚƌĂĐƚŽƌ͘tĞǁŝůůŵĂŝŶƚĂŝŶĂĐƵƌƌĞŶƚZ&/ůŽŐĂŶĚ ƐƵďŵŝƩĂůƐůŽŐ͖ĂŶĚĂĚŵŝŶŝƐƚĞƌƚŚĞƐƵďŵŝƩĂůŵĂŶĂŐĞŵĞŶƚ
ƉƌŽĐĞƐƐŝŶWƌŽĐŽƌĞƚŽĐŽŶĮƌŵͬƌĞĐŽƌĚƚŚĞĨŽůůŽǁŝŶŐ͗
• dŚĞZ&/ĂŶĚƐƵďŵŝƩĂůůŽŐƐƌĞŇĞĐƚƚŚĞƐĂŵĞĐƌŝƟĐĂů
dates as the short term look ahead schedules;
• dŚĞĚĂƚĞǁŚĞŶZ&/Ɛ͕ƐƵďŵŝƩĂůƐ͕ĂŶĚƐŚŽƉĚƌĂǁŝŶŐƐ
are received from the contractor;
• dŝŵĞůLJƌĞǀŝĞǁŽĨƐƵďŵŝƩĂůƐĂŶĚZ&/ƐďLJƚŚĞ
ŵĂŶĂŐĞŵĞŶƚƚĞĂŵŽƌŽƚŚĞƌƌĞƐƉŽŶƐŝďůĞƉĂƌƚLJ;ŝƚLJ͕
ĞƐŝŐŶĞƌ͕hƟůŝƚLJŽ͕͘ĂůƚƌĂŶƐ͕ĞƚĐ͘Ϳ͖
• ^ŚŽƉĚƌĂǁŝŶŐƐĂƌĞƌĞǀŝĞǁĞĚĂŶĚƌĞƚƵƌŶĞĚďĞĨŽƌĞ
ĂƐƐŽĐŝĂƚĞĚǁŽƌŬďĞŐŝŶƐ͖
• >ŽŐƐĂƌĞƵƉĚĂƚĞĚŽŶĂƌĞŐƵůĂƌďĂƐŝƐ͖ĂŶĚ
• ŽƉŝĞƐŽĨƐƵďŵŝƩĂůƐĂƌĞĚŽĐƵŵĞŶƚĞĚŝŶƚŚĞƉƌŽũĞĐƚ
records, including the following:
• ŽŶƐƚƌƵĐƟŽŶWŚŽƚŽƐ
• ĂŝůLJZĞƉŽƌƚƐ
Task 2.5 Construction Inspection
ĂŶŶŽŶ͛ƐŵĞƚŚŽĚƐŽĨŝŶƐƉĞĐƟŽŶĞůĞŵĞŶƚƐŽĨ^ƚƌĞĞƚƐĐĂƉĞ
ƉƌŽũĞĐƚƐŝŶĐůƵĚŝŶŐZŽĂĚǁĂLJ͕hƟůŝƚLJ͕^ƚŽƌŵƌĂŝŶ͕>ŝŐŚƟŶŐ͕ >ĂŶĚƐĐĂƉĞĂŶĚ/ƌƌŝŐĂƟŽŶŝƚĞŵƐĨŽůůŽǁƚŚĞŐƵŝĚĞůŝŶĞƐ
ƉƌĞƐĞŶƚĞĚŝŶƚŚĞĂůƚƌĂŶƐŽŶƐƚƌƵĐƟŽŶDĂŶƵĂůĂŶĚ
ŽƚŚĞƌƵƐĞĨƵůƌĞƐŽƵƌĐĞƐƐƵĐŚĂƐƚŚĞDĂŶƵĂůŽĨhŶŝĨŽƌŵ
dƌĂĸĐŽŶƚƌŽůĞǀŝĐĞƐ;DhdͿ͕ƚŚĞŽŵƉĞƚĞŶƚWĞƌƐŽŶ
džĐĂǀĂƟŽŶĂŶĚ^ŚŽƌŝŶŐ^ĂĨĞƚLJDĂŶƵĂů͕YͬYDĂŶƵĂů
ĨŽƌƐƉŚĂůƚWƌŽĚƵĐƟŽŶĂŶĚWůĂĐĞŵĞŶƚ͕ttŐƵŝĚĞůŝŶĞƐ͕
ĂŶĚ
ůĞĐƚƌŝĐĂůĂŶĚ'ĂƐƐĞƌǀŝĐĞƌĞƋƵŝƌĞŵĞŶƚƐ;W'
Ϳ͘dŚĞ
ĨŽůůŽǁŝŶŐŝŶƐƉĞĐƟŽŶĞůĞŵĞŶƚƐƌĞƉƌĞƐĞŶƚƐĞǀĞƌĂůŽĨƚŚĞ
ŵĂũŽƌŝŶƐƉĞĐƟŽŶĐŽŵƉŽŶĞŶƚƐŽĨƚŚĞ^ŚĞůůĞĂĐŚZŽĂĚ
^ƚƌĞĞƚƐĐĂƉĞWƌŽũĞĐƚ͗
•
ĂƌƚŚǁŽƌŬŝŶƐƉĞĐƟŽŶ
• ƌĂŝŶĂŐĞƐLJƐƚĞŵƐŝŶƐƉĞĐƟŽŶ
• ŽŽƌĚŝŶĂƟŽŶĂŶĚĞdžĞĐƵƟŽŶŽĨƉƵďůŝĐƵƟůŝƚLJ
ŝŶƐƉĞĐƟŽŶŝŶĐůƵĚŝŶŐWŝƐŵŽtĂƚĞƌ͕dd͕ŚĂƌƚĞƌ͕W'
•
ůĞĐƚƌŝĐĂůĂŶĚůŝŐŚƟŶŐŝŶƐƉĞĐƟŽŶƐ
• ŽŶƐƚƌƵĐƟŽŶƚƌĂĸĐĐŽŶƚƌŽůĂŶĚƐĂĨĞƚLJ
• /ŶƐƉĞĐƟŽŶŽĨƐŝŐŶƐ͕ƐƚƌŝƉŝŶŐ͕ŵĂƌŬŝŶŐ͕ĂŶĚƚƌĂĸĐ
safety devices
• ZŽĂĚǁĂLJĐŽŶƐƚƌƵĐƟŽŶŝŶƐƉĞĐƟŽŶ
• ŽŶĐƌĞƚĞĐƵƌď͕ŐƵƩĞƌ͕ƐŝĚĞǁĂůŬŝŶƐƉĞĐƟŽŶƐ
• ƌĂŵƉĂŶĚĐŽŵƉůŝĂŶĐĞŝŶƐƉĞĐƟŽŶƐ
• >ĂŶĚƐĐĂƉĞĂŶĚŝƌƌŝŐĂƟŽŶŝŶƐƉĞĐƟŽŶƐ
• ^tWWWĐŽŵƉůŝĂŶĐĞŝŶƐƉĞĐƟŽŶ
• WĞƌŵŝƚƐĐŽŵƉůŝĂŶĐĞŝŶƐƉĞĐƟŽŶ
• ,DĐŽŶĨŽƌŵƉĂǀŝŶŐ
• ŽŶƐƚƌƵĐƟŽŶƉŚŽƚŽƐ
• Daily diaries
Task 2.6 Cost Control Management
dĂƐŬϮ͘ϲ͘ϭYƵĂŶƟƚLJĂůĐƵůĂƟŽŶƐ͗We will carefully
measure work completed, and materials used during each
monthly pay period, in accordance with the Standard
^ƉĞĐŝĮĐĂƟŽŶƐŽƌ^ƉĞĐŝĂůWƌŽǀŝƐŝŽŶƐ͘^ĐŚĞĚƵůĞƐŽĨǀĂůƵĞƐĨŽƌ ůƵŵƉƐƵŵŝƚĞŵƐ͕ĂŶĚĐŽƐƚďƌĞĂŬĚŽǁŶƐŽĨĮŶĂůƉĂLJŝƚĞŵƐ͕ ǁŝůůďĞĞƐƟŵĂƚĞĚďĂƐĞĚŽŶĞůĞŵĞŶƚƐŽĨǁŽƌŬĐŽŵƉůĞƚĞĚ͘
ŽĐƵŵĞŶƚƐƐƵƉƉŽƌƟŶŐƋƵĂŶƟƚLJĐĂůĐƵůĂƟŽŶƐǁŝůůďĞ
ŝŶĐůƵĚĞĚǁŝƚŚƚŚĞĐĂůĐƵůĂƟŽŶ͕ĂŶĚĂƐƵŵŵĂƌLJŽĨƉƌŽŐƌĞƐƐ ƉĂLJŵĞŶƚƐǁŝůůďĞŬĞƉƚĐƵƌƌĞŶƚĨŽƌĞĂĐŚĐŽŶƚƌĂĐƚŝƚĞŵ͘
dĂƐŬϮ͘ϲ͘ϮWƌŽŐƌĞƐƐWĂLJ
ƐƟŵĂƚĞƐ͗On a monthly
ďĂƐŝƐ͕ĂŶŶŽŶǁŝůůƌĞǀŝĞǁƚŚĞĐŽŶƚƌĂĐƚŽƌ͛ƐƌĞƋƵĞƐƚ
ĨŽƌƉĂLJŵĞŶƚĂŶĚǀĞƌŝĨLJƚŚĂƚƌĞƋƵĞƐƚĞĚĂŵŽƵŶƚƐĨŽƌ
each contract item or change order are represented
ďLJĂĐƚƵĂůǁŽƌŬĐŽŵƉůĞƚĞĚ͘dŚĞĞƐƟŵĂƚĞǁŝůůŝŶĐůƵĚĞ
ƉĂLJŵĞŶƚƐĨŽƌŝƚĞŵǁŽƌŬ͕ĂĐĐĞƉƚĂďůĞŵĂƚĞƌŝĂůƐŽŶŚĂŶĚ͕
ĐŚĂŶŐĞŽƌĚĞƌƐ͕ĚĞĚƵĐƟŽŶƐĂŶĚƌĞƚĞŶƟŽŶ͕ĂŶĚǁĞǁŝůů
ƐƵďƐƚĂŶƟĂƚĞƉĂLJŵĞŶƚƐǁŝƚŚƋƵĂŶƟƚLJĐĂůĐƵůĂƟŽŶƐŽƌŽƚŚĞƌ ĚŽĐƵŵĞŶƚĂƟŽŶ͘
26 ŽŶƐƚƌƵĐƟŽŶDĂŶĂŐĞŵĞŶƚ͕/ŶƐƉĞĐƟŽŶ͕ĂŶĚĚŵŝŶŝƐƚƌĂƟŽŶ^ĞƌǀŝĐĞƐ ĨŽƌƚŚĞ:ĂŵĞƐtĂLJĞĂƵƟĮĐĂƟŽŶWƌŽũĞĐƚ Cannon
dĂƐŬϮ͘ϲ͘ϯŚĂŶŐĞƐĂŶĚŽŶƚƌĂĐƚŚĂŶŐĞKƌĚĞƌƐ͗ Changes
ƚŽƚŚĞĐŽŶƚƌĂĐƚǁŝůůďĞĂĚŵŝŶŝƐƚĞƌĞĚŝŶƐƚƌŝĐƚĐŽŶĨŽƌŵĂŶĐĞ ǁŝƚŚƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨƚŚĞĐŽŶƚƌĂĐƚƉĞƌ͞ŚĂŶŐĞKƌĚĞƌ ŝƌĞĐƟǀĞ͟ĂŶĚ͞ŚĂŶŐĞKƌĚĞƌ͟ƉƌŽĐĞƐƐ͕ĂŶĚƉĞƌƉƌŽǀŝƐŝŽŶƐ ŽĨ^ĞĐƟŽŶϰŽĨƚŚĞ^ƚĂŶĚĂƌĚ^ƉĞĐŝĮĐĂƟŽŶƐ͘ŚĂŶŐĞƐĚƵĞƚŽ ƵŶĨŽƌĞƐĞĞŶĐŝƌĐƵŵƐƚĂŶĐĞƐ͕ƉůĂŶĐŽŶŇŝĐƚƐ͕ŽƌĚŝƐĐƌĞƉĂŶĐŝĞƐ ǁŝůůďĞĞǀĂůƵĂƚĞĚŝŵŵĞĚŝĂƚĞůLJďLJƚŚĞ
ŶŐŝŶĞĞƌ͕ĂŶĚƚŚĞ
ĐŽŶƚƌĂĐƚŽƌǁŝůůďĞĂƵƚŚŽƌŝnjĞĚƚŽƉƌŽĐĞĞĚǁŝƚŚƚŚĞǁŽƌŬ ŽĨƚŚĞĐŚĂŶŐĞĂƚƚŚĞĚŝƌĞĐƟŽŶŽĨƚŚĞ
ŶŐŝŶĞĞƌ͘ŚĂŶŐĞƐ
ŽƌĚĞƌĞĚďLJƚŚĞŝƚLJǁŝůůďĞƉƌĞƐĞŶƚĞĚƚŽƚŚĞĐŽŶƚƌĂĐƚŽƌ ǁŝƚŚĐůĞĂƌĚŝƌĞĐƟŽŶŽŶŚŽǁƚŽƉƌŽĐĞĞĚ͘
ŽŶƚƌĂĐƚŚĂŶŐĞKƌĚĞƌƐǁŝůůďĞŶĞŐŽƟĂƚĞĚǁŝƚŚƚŚĞ
ĐŽŶƚƌĂĐƚŽƌŽŶĂĐĂƐĞͲďLJͲĐĂƐĞďĂƐŝƐ͕ĂŶĚƚŚĞŝŶƚĞƌĞƐƚƐŽĨ ƚŚĞŝƚLJǁŝůůďĞĚĞĨĞŶĚĞĚƚŽƚŚĞŐƌĞĂƚĞƐƚĞdžƚĞŶƚƉŽƐƐŝďůĞŝŶ ĞĂĐŚĐĂƐĞ͘tĞĂƐƐƵŵĞƚŚĂƚĐŚĂŶŐĞŽƌĚĞƌƐǁŝůůƌĞƋƵŝƌĞĮŶĂů ĂƉƉƌŽǀĂůďLJƚŚĞŝƚLJ
ŶŐŝŶĞĞƌďĞĨŽƌĞĞdžĞĐƵƟŽŶ͘/ŶĐƌĞĂƐĞƐ
ŽƌĚĞĐƌĞĂƐĞƐŝŶĐŽŶƚƌĂĐƚŝƚĞŵƋƵĂŶƟƟĞƐǁŝůůďĞƉĂŝĚĂƚƚŚĞ ĐŽŶƚƌĂĐƚƵŶŝƚƉƌŝĐĞƐƵŶůĞƐƐĂŶĂĚũƵƐƚĞĚƵŶŝƚƉƌŝĐĞĐĂŶďĞ ƐƵďƐƚĂŶƟĂƚĞĚ͘DŽƐƚŽƚŚĞƌĐŚĂŶŐĞŽƌĚĞƌƐǁŝůůĨĂůůŝŶƚŽŽŶĞ of the two following categories:
•
džƚƌĂtŽƌŬʹtŽƌŬĂƵƚŚŽƌŝnjĞĚďLJƚŚĞ
ŶŐŝŶĞĞƌĂŶĚ
ĐŽŵƉůĞƚĞĚƵŶĚĞƌƚŚĞĚŝƌĞĐƟŽŶŽĨƚŚĞ
ŶŐŝŶĞĞƌ
ǁŝůůďĞĐůŽƐĞůLJŵŽŶŝƚŽƌĞĚ͘>ĂďŽƌ͕ŵĂƚĞƌŝĂůƐ͕ĂŶĚ
ĞƋƵŝƉŵĞŶƚƵƐĞĚŝŶǁŽƌŬǁŝůůďĞƌĞĐŽƌĚĞĚŽŶĂŶ
ŚŽƵƌůLJďĂƐŝƐ͘
džƚƌĂtŽƌŬŝƐŐĞŶĞƌĂůůLJĐŽŵƉĞŶƐĂƚĞĚ
ďLJ&ŽƌĐĞĐĐŽƵŶƚŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞƉƌŽǀŝƐŝŽŶ
ŽĨ^ĞĐƟŽŶϵŽĨƚŚĞ^ƚĂŶĚĂƌĚ^ƉĞĐŝĮĐĂƟŽŶƐ͘ŚĂŶŐĞ
ŽƌĚĞƌƐĨŽƌ
džƚƌĂtŽƌŬĂƚ&ŽƌĐĞĐĐŽƵŶƚǁŝůůďĞ
ĨŽƌǁĂƌĚĞĚƚŽƚŚĞŝƚLJĨŽƌĂƉƉƌŽǀĂůǁŝƚŚĂŶĞƐƟŵĂƚĞĚ
ĐŽƐƚ͘,ŽǁĞǀĞƌ͕ƚŚĞĂĐƚƵĂůĐŽƐƚǁŝůůďĞĚĞƚĞƌŵŝŶĞĚďLJ
&ŽƌĐĞĐĐŽƵŶƚĂŶĂůLJƐŝƐŽĨƚŚĞǁŽƌŬĐŽŵƉůĞƚĞĚ͘
• ĚũƵƐƚŵĞŶƚŽĨŽŵƉĞŶƐĂƟŽŶʹtŽƌŬŽƌĚĞƌĞĚďLJƚŚĞ
ŶŐŝŶĞĞƌƚŚĂƚĚŽĞƐŶŽƚƋƵĂůŝĨLJĂƐ
džƚƌĂtŽƌŬǁŝůůďĞ
ĐŽŵƉĞŶƐĂƚĞĚĂƐĂŶĚũƵƐƚŵĞŶƚŽĨŽŵƉĞŶƐĂƟŽŶ
for an Agreed Lump Sum Price or at an Agreed
hŶŝƚWƌŝĐĞ͘ŐƌĞĞĚƉƌŝĐĞƐǁŝůůďĞĞŝƚŚĞƌďĂƐĞĚŽŶ
ĂĐĐĞƉƚĂďůĞĐŽƐƚĚĂƚĂĨƵƌŶŝƐŚĞĚďLJƚŚĞĐŽŶƚƌĂĐƚŽƌŽƌ
independently calculated.
dĂƐŬϮ͘ϲ͘ϰEŽƟĐĞŽĨWŽƚĞŶƟĂůůĂŝŵEĞŐŽƟĂƟŽŶƐĂŶĚ
WƌŽĐĞƐƐŝŶŐ͗/ƚŝƐŽƵƌŽďũĞĐƟǀĞ͕ǁŚĞŶĞǀĞƌƉŽƐƐŝďůĞ͕ƚŽ
ŶĞŐŽƟĂƚĞĞƋƵŝƚĂďůĞƌĞƐŽůƵƟŽŶƐƚŽĚŝƐƉƵƚĞƐƚŚĂƚŵĂLJĂƌŝƐĞ ĚƵƌŝŶŐƚŚĞĐŽƵƌƐĞŽĨĐŽŶƐƚƌƵĐƟŽŶ͘ŝƐƉƵƚĞƐĂŶĚĐŚĂŶŐĞ
ŶŽƟĮĐĂƟŽŶƐĂƌĞŵĂŶĂŐĞĚŝŶƐƚƌŝĐƚĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞ
ŶŽƟĮĐĂƟŽŶ͕ĚŽĐƵŵĞŶƚĂƟŽŶ͕ĂŶĚƌĞƉŽƌƟŶŐƌĞƋƵŝƌĞŵĞŶƚƐ
ŽĨƚŚĞ^ƚĂŶĚĂƌĚ^ƉĞĐŝĮĐĂƟŽŶƐĨŽƌĐůĂŝŵƐ͘
tĞƌĞƋƵŝƌĞƚŚĂƚEŽƟĐĞŽĨWŽƚĞŶƟĂůůĂŝŵƐďĞƐƵďŵŝƩĞĚŝŶ ĂƟŵĞůLJŵĂŶŶĞƌŽŶĨŽƌŵƐĨƵƌŶŝƐŚĞĚďLJĂŶŶŽŶ;ŵŽĚĞůĞĚ
ĂŌĞƌĂůƚƌĂŶƐ&Žƌŵ
DͲϰϵϬϮͿ͘
ĂĐŚƉŽƚĞŶƟĂůĐůĂŝŵŝƐ
ůŽŐŐĞĚĂŶĚƚƌĂĐŬĞĚƚŚƌŽƵŐŚƌĞƐŽůƵƟŽŶ͘tĞǁŝůůŵĂŝŶƚĂŝŶ accurate records of each issue, and our records will
ƉƌĞƐĞŶƚĚŽĐƵŵĞŶƚĂƟŽŶŽĨƚŚĞĞǀĞŶƚƐĨŽƌƌĞĨĞƌĞŶĐĞŝŶƚŚĞ ĐĂƐĞƚŚĂƚĂƉŽƚĞŶƟĂůĐůĂŝŵďĞĐŽŵĞƐĂŶĂĐƚƵĂůĐůĂŝŵĂƚƚŚĞ ĞŶĚŽĨƚŚĞƉƌŽũĞĐƚ͘
Task 2.7 Labor Compliance and Equal
Employment Opportunity (optional)
tĞǁŝůůŝŶĐŽƌƉŽƌĂƚĞƚŚĞƵƐĞŽĨĂtĞĞŬůLJ>ŝƐƟŶŐĨŽƌ
ĞĂĐŚĐŽŶƚƌĂĐƚŽƌ͕ƐƵďĐŽŶƚƌĂĐƚŽƌ͕ĂŶĚŽǁŶĞƌͲŽƉĞƌĂƚŽƌ
ĐŽŵƉůĞƟŶŐǁŽƌŬŽŶƚŚĞƉƌŽũĞĐƚ͘dŚĞtĞĞŬůLJ>ŝƐƟŶŐŝƐ
ĂĐŽŵƉƌĞŚĞŶƐŝǀĞůŽŐŽĨĞƌƟĮĞĚWĂLJƌŽůůƐ͕^ƚĂƚĞŵĞŶƚƐ
ŽĨŽŵƉůŝĂŶĐĞĂŶĚ&ƌŝŶŐĞĞŶĞĮƚƐ^ƚĂƚĞŵĞŶƚƐƌĞƋƵŝƌĞĚ
ĞĂĐŚǁĞĞŬ͘dŚŝƐǁŝůůďĞĨƵƌŶŝƐŚĞĚƚŽƚŚĞĐŽŶƚƌĂĐƚŽƌĂƐĂ ǁĞĞŬůLJƌĞŵŝŶĚĞƌŽĨƚŚĞŝƌƌĞƐƉŽŶƐŝďŝůŝƚLJĨŽƌĐŽŵƉůŝĂŶĐĞ ǁŝƚŚƚŚĞƉƌŽǀŝƐŝŽŶƐŽĨƚŚĞ>ĂďŽƌŽĚĞĂŶĚƚŚĞ^ƚĂŶĚĂƌĚ ^ƉĞĐŝĮĐĂƟŽŶƐ͘tĞǁŝůůĐŽŶĚƵĐƚĂƌĞǀŝĞǁŽĨĞĂĐŚ
ƉĂLJƌŽůů͖ĂŶĚŝŶǀĞƐƟŐĂƚĞĂŶĚƌĞŵĞĚLJŶŽŶͲĐŽŵƉůŝĂŶĐĞŽƌ
ĚĞĮĐŝĞŶĐŝĞƐŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞƐƉĞĐŝĮĐĂƟŽŶƐ͘KƵƌ
ƐLJƐƚĞŵĨŽƌŵŽŶŝƚŽƌŝŶŐƚŚĞĐŽŶƚƌĂĐƚŽƌ͛Ɛ
ƋƵĂů
ŵƉůŽLJŵĞŶƚ
Opportunity (EEO) compliance includes periodic random
ƐƵƌǀĞLJƐŽĨĐŽŶƐƚƌƵĐƟŽŶƉĞƌƐŽŶŶĞůĂŶĚƌĞĐŽƌĚŝŶŐĞƐƐĞŶƟĂů ĚĂƚĂƵƐŝŶŐĨŽƌŵƐĨƵƌŶŝƐŚĞĚďLJƚŚĞ^ƚĂƚĞŽĨĂůŝĨŽƌŶŝĂ͘
Task 2.8 Construction Staking (optional)
dŚĞŵĞŵďĞƌƐŽĨƚŚĞĂŶŶŽŶŽŶƐƚƌƵĐƟŽŶDĂŶĂŐĞŵĞŶƚ
team are well versed in the means and methods of
ĐŽŶƐƚƌƵĐƟŽŶƐƚĂŬŝŶŐ͘ƐƐƵĐŚ͕ǁĞŚĂǀĞĚĞǀĞůŽƉĞĚĂŶ
ĞīĞĐƟǀĞĐŽŵŵƵŶŝĐĂƟŽŶĂŶĚĐŽŽƌĚŝŶĂƟŽŶƉƌŽĐĞƐƐ
ĨŽƌƉƌŽũĞĐƚƐǁŚŝĐŚƌĞƋƵŝƌĞƚŚĞĐŽŶƚƌĂĐƚŽƌƚŽƉƌŽǀŝĚĞ
ĐŽŶƐƚƌƵĐƟŽŶƐƚĂŬŝŶŐĨŽƌƚŚĞŝƌǁŽƌŬ͘tĞǁŝůůŝŵƉůĞŵĞŶƚ
ƚŚĞƐĞƉƌŽĐĞƐƐĞƐŝŶŽƵƌƌĞǀŝĞǁŽĨƚŚĞĐŽŶƚƌĂĐƚŽƌ͛ƐĮĞůĚ staking and cut sheets for completeness and provide spot checks against completed work.
ůƚŚŽƵŐŚŶŽƚŝŶĐůƵĚĞĚŝŶŽƵƌƐĐŽƉĞŽĨǁŽƌŬ͕ŽƵƌŝŶͲŚŽƵƐĞ ƐƵƌǀĞLJƚĞĂŵĐĂŶĂƐƐŝƐƚǁŝƚŚǀĞƌƟĐĂůŽƌŚŽƌŝnjŽŶƚĂů
ǀĞƌŝĮĐĂƟŽŶƐŝĨƚŚĞŶĞĞĚƐŚŽƵůĚĂƌŝƐĞ͘/ŶĂĚĚŝƟŽŶ͕Ăƚ
ĐůŽƐĞŽĨĐŽŶƐƚƌƵĐƟŽŶ͕ŽƵƌƐƵƌǀĞLJƚĞĂŵĐĂŶƉƌŽǀŝĚĞ
ĮŶĂůĮĞůĚǀĞƌŝĮĐĂƟŽŶƐŽƌƌĞƐŽůǀĞĚŝƐƉƵƚĞƐǁŝƚŚƌĞĐŽƌĚ
ŵŽŶƵŵĞŶƚĂƟŽŶŽƌŽƚŚĞƌƉƌŽƉĞƌƚLJĂŶĚͬŽƌďŽƵŶĚĂƌLJ
discrepancies.
Attachment 3
12.B-24Council Agenda 9-5-2023
Packet Page 102
27 ŽŶƐƚƌƵĐƟŽŶDĂŶĂŐĞŵĞŶƚ͕/ŶƐƉĞĐƟŽŶ͕ĂŶĚĚŵŝŶŝƐƚƌĂƟŽŶ^ĞƌǀŝĐĞƐ ĨŽƌƚŚĞ:ĂŵĞƐtĂLJĞĂƵƟĮĐĂƟŽŶWƌŽũĞĐƚ Cannon
Phase 3.0 Control of Materials
Task 3.1 Control of Materials
The proper control of materials used in the work of the :ĂŵĞƐtĂLJĞĂƵƟĮĐĂƟŽŶWƌŽũĞĐƚǁŝůůďĞĂĚŵŝŶŝƐƚĞƌĞĚ
ďLJŽŶĞŽĨƚŚĞƚǁŽŵĞƚŚŽĚƐ͕ďĂƐĞĚŽŶƚŚĞŶĂƚƵƌĞĂŶĚƵƐĞ ŽĨƚŚĞŵĂƚĞƌŝĂůƐ͘
ĂĐŚŵĂƚĞƌŝĂůƵƐĞĚŝŶƚŚĞǁŽƌŬǁŝůůďĞ
ŝĚĞŶƟĮĞĚďLJĐŽŶƚƌĂĐƚŝƚĞŵ͕ĂůŽŶŐǁŝƚŚƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐ ĨŽƌƐĂŵƉůŝŶŐĨƌĞƋƵĞŶĐLJ͕ƚĞƐƟŶŐĐƌŝƚĞƌŝĂ͕ŝŶƐƉĞĐƟŽŶ͕
ĐĞƌƟĮĐĂƚĞƐŽĨĐŽŵƉůŝĂŶĐĞ͕ŽƌŽƚŚĞƌĐƌŝƚĞƌŝĂƌĞƋƵŝƌĞĚďLJƚŚĞ ƐƉĞĐŝĮĐĂƟŽŶƐ͘
dĂƐŬϯ͘ϭDĂƚĞƌŝĂůƐ^ĂŵƉůŝŶŐĂŶĚdĞƐƟŶŐ͗Materials
ƌĞƋƵŝƌŝŶŐƚĞƐƟŶŐǁŝůůďĞƐĂŵƉůĞĚĂƚƚŚĞĨƌĞƋƵĞŶĐŝĞƐ
ŝŶĚŝĐĂƚĞĚŝŶƚŚĞƐƉĞĐŝĮĐĂƟŽŶƐ͘dŚĞĚĂLJͲƚŽͲĚĂLJ
ĐŽŽƌĚŝŶĂƟŽŶŽĨƐĂŵƉůŝŶŐĂŶĚƚĞƐƟŶŐǁŝůůďĞŚĂŶĚůĞĚďLJ
ƉƌŽũĞĐƚŝŶƐƉĞĐƚŽƌƐĂŶĚĂĐƚƵĂůƚĞƐƟŶŐǁŝůůďĞĐŽŵƉůĞƚĞĚďLJ ŽƵƌƐƵďĐŽŶƐƵůƚĂŶƚ͕WĂǀĞŵĞŶƚ
ŶŐŝŶĞĞƌŝŶŐ/ŶĐ͘DĂƚĞƌŝĂůƐ
ƚŚĂƚƌĞƋƵŝƌĞƐĂŵƉůŝŶŐĂŶĚƚĞƐƟŶŐŝŶĐůƵĚĞƐƵďŐƌĂĚĞ͕ďĂƐĞ ŵĂƚĞƌŝĂůƐ͕ĂŐŐƌĞŐĂƚĞƐ͕ĐŽŶĐƌĞƚĞ͕ĂŶĚ,D͘dĞƐƚƌĞƐƵůƚƐǁŝůů ďĞƌĞǀŝĞǁĞĚĂŶĚĮůĞĚŝŶƚŚĞƉƌŽũĞĐƚƌĞĐŽƌĚƐ͕ĂůŽŶŐǁŝƚŚ ĂƉƉůŝĐĂďůĞĐĞƌƟĮĐĂƚĞƐŽĨĐŽŵƉůŝĂŶĐĞ͘tŽƌŬƌĞƉƌĞƐĞŶƚĞĚďLJ ĨĂŝůŝŶŐƚĞƐƚƌĞƐƵůƚƐǁŝůůďĞĐŽƌƌĞĐƚĞĚƉƌŝŽƌƚŽĂĐĐĞƉƚĂŶĐĞ͘ dĂƐŬϯ͘ϮZĞƉŽƌƚƐŽĨ/ŶƐƉĞĐƟŽŶĂŶĚĞƌƟĮĐĂƚĞƐŽĨ
ŽŵƉůŝĂŶĐĞ͗DĂƚĞƌŝĂůƐƚŚĂƚĂƌĞĂĐĐĞƉƚĞĚďĂƐĞĚŽŶ
ĐĞƌƟĮĐĂƚĞŽĨĐŽŵƉůŝĂŶĐĞ͕ƚĞƐƚƌĞƉŽƌƚƐ͕ŽƌǀŝƐƵĂůŝŶƐƉĞĐƟŽŶ ǁŝůůďĞŝŶƐƉĞĐƚĞĚƵƉŽŶĚĞůŝǀĞƌLJƚŽƚŚĞƐŝƚĞ͘DĂƚĞƌŝĂůƐ ƚŚĂƚƌĞƋƵŝƌĞƐŽƵƌĐĞŝŶƐƉĞĐƟŽŶǁŝůůďĞŝŶƐƉĞĐƚĞĚĂŶĚ
documented at the place of manufacturing and delivered
ƚŽƚŚĞƐŝƚĞǁŝƚŚƚŚĞƌĞƉŽƌƚŽĨŝŶƐƉĞĐƟŽŶ͘dŚĞƌĞƋƵŝƌĞĚ ĚŽĐƵŵĞŶƚĂƟŽŶŽĨĂůůŵĂƚĞƌŝĂůƐĚĞůŝǀĞƌĞĚƚŽƚŚĞƐŝƚĞǁŝůůďĞ ǀĞƌŝĮĞĚĂŶĚƌĞĐŽƌĚĞĚ͘
Phase 4.0 Post-Construction Services
Task 4.1 Final Inspections and Punch List
/ŶĐŽŶũƵŶĐƟŽŶǁŝƚŚƚŚĞŝƚLJ͕ǁĞǁŝůůĐŽŶĚƵĐƚĮŶĂů
ŝŶƐƉĞĐƟŽŶƐŽĨƚŚĞƉƌŽũĞĐƚǁŽƌŬǁŚĞŶŶĞĂƌĐŽŵƉůĞƟŽŶƚŽ
ĐŽŶĮƌŵĐŽŶƚƌĂĐƚĐŽŵƉůŝĂŶĐĞŽƌŝĚĞŶƟĨLJĚĞĮĐŝĞŶĐŝĞƐŝŶ
ƚŚĞǁŽƌŬĐŽŵƉůĞƚĞĚďLJƚŚĞĐŽŶƚƌĂĐƚŽƌ͘tĞǁŝůůƉƌĞƉĂƌĞĂ ƉƵŶĐŚůŝƐƚƚŽŝĚĞŶƟĨLJƐƵĐŚŝƚĞŵƐĂŶĚĚŝƌĞĐƚƚŚĞĐŽŶƚƌĂĐƚŽƌ ƚŽƚĂŬĞĂƉƉƌŽƉƌŝĂƚĞƌĞŵĞĚŝĂůĂĐƟŽŶ͘hƉŽŶĐŽƌƌĞĐƟŽŶŽĨ
ƚŚĞWƵŶĐŚ>ŝƐƚŝƚĞŵƐďLJƚŚĞĐŽŶƚƌĂĐƚŽƌ͕ǁĞǁŝůůƌĞƉŽƌƚƚŚĞ ĐŽŵƉůĞƟŽŶŽĨƚŚĞƉƌŽũĞĐƚƚŽƚŚĞŝƚLJĂŶĚƌĞĐŽŵŵĞŶĚĮŶĂů payment to the contractor.
Task 4.2 As-Built Record Drawings
tĞǁŝůůŬĞĞƉĂĐŽŶƟŶƵĂůůLJƵƉĚĂƚĞĚĂƐͲďƵŝůƚƐĞƚŽĨĚƌĂǁŝŶŐƐ ĚƵƌŝŶŐĐŽŶƐƚƌƵĐƟŽŶ͘ŌĞƌĐŽŶƚƌĂĐƚĂĐĐĞƉƚĂŶĐĞ͕ǁĞǁŝůů ĐŽŵƉŝůĞĐŽŵŵĞŶƚƐ͕ƌĞǀŝƐŝŽŶƐ͕ĂŶĚĂƐͲďƵŝůƚŵĂƌŬƵƉƐŝŶƚŽĂ ƐŝŶŐůĞƐĞƚŽĨƌĞĐŽƌĚĚƌĂǁŝŶŐƐŝŶĂĨŽƌŵĂƚĂĐĐĞƉƚĂďůĞƚŽƚŚĞ City.
Task 4.3 Final Project Records
&ŝŶĂůƌĞĐŽƌĚƐĂŶĚƉƌŽũĞĐƚĚŽĐƵŵĞŶƚĂƟŽŶǁŝůůďĞƐĞůĨͲ
ĂƵĚŝƚĞĚ͕ŽƌŐĂŶŝnjĞĚ͕ďŽƵŶĚĂŶĚĚĞůŝǀĞƌĞĚƚŽƚŚĞŝƚLJ͘
&YIJCJU#
Attachment 3
12.B-25Council Agenda 9-5-2023
Packet Page 103
Attachment 3
12.B-26Council Agenda 9-5-2023
Packet Page 104
CITY OF PISMO BEACH
BID OPENING LOG
Subject: James Way Beautification
# Company Name Base Bid Amount Bid Alt 1 Bid Alt 2 Bid Alt 3
1. RCH Construction $2,058,205.78 $59,330.20 $20,000.00 $85,600.00
2. John Madonna $2,330,218.76 $37,786.70 $16,617.50 $138,210.85
3. Brough Construction $1,842,784.00 $39,532.00 $10,500.00 $173,500.00
4. JJ Fisher Construction $1,598,775.00 $54,191.00 $6,255.00 $16,886.62
5. 6.
7. 8.
9. Attachment 4
12.B-27Council Agenda 9-5-2023
Packet Page 105