12.B Report Award James Way Construction and CM contracts 2023-09-05 — Pismo Beach City Council, September 5, 2023

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

12.B-1Council Agenda 9-5-2023

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

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

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

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

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

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

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

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

Attachment 1.B

12.B-10Council Agenda 9-5-2023

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

1 of 10
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).

2 of 10
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

3 of 10
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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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

12.B-13Council Agenda 9-5-2023

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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.

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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.

Attachment 2

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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: ____________________________
Attachment 2

12.B-16Council Agenda 9-5-2023

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Vendor Agreement (Rev. 2/2/2018)

CITY OF PISMO BEACH

VENDOR AGREEMENT FOR PROFESSIONAL SERVICES

This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation (“CITY”), and 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.

Attachment 3

12.B-18Council Agenda 9-5-2023

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

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

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

XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

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

XV. INSURANCE

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

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

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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

12.B-19Council Agenda 9-5-2023

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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.

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.

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.

Attachment 3

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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

12.B-22Council Agenda 9-5-2023

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
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ƚŚĞŝƚǇŝŶĐŽŶĚƵĐƟŶŐƚŚĞƉƌĞͲĐŽŶƐƚƌƵĐƟŽŶĐŽŶĨĞƌĞŶĐĞ
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ĂĐŚƉƌŽũĞĐƚ
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ƉĂƌƚǇ͘tĞǁŝůůĚŝƐĐƵƐƐƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨƚŚĞĐŽŶƚƌĂĐƚ͕ ŝŶĐůƵĚŝŶŐĚĞƚĂŝůƐƌĞŐĂƌĚŝŶŐĐŽŶƚƌĂĐƚĂĚŵŝŶŝƐƚƌĂƟŽŶ͕
ƐĂĨĞƚǇ͕ĂƌĐŚĞŽůŽŐŝĐĂůĂŶĚĞŶǀŝƌŽŶŵĞŶƚĂůĐŽŶĐĞƌŶƐ͕ƵƟůŝƚǇ ĐŽŽƌĚŝŶĂƟŽŶ͕ĂŶĚŽƚŚĞƌŝƚĞŵƐƌĞůĂƚĞĚƚŽƚŚĞǁŽƌŬǁŝůůďĞ ĚŝƐĐƵƐƐĞĚ͘KƵƌĂƉƉƌŽĂĐŚƚŽŵĂŶĂŐŝŶŐƚŚĞĐŽŶƐƚƌƵĐƟŽŶǁŝůů ďĞĐůĞĂƌůǇĐŽŵŵƵŶŝĐĂƚĞĚƚŽƚŚĞĐŽŶƚƌĂĐƚŽƌ͘
Task 1.2 Review Baseline CPM Schedule
tĞǁŝůůƌĞǀŝĞǁƚŚĞĐŽŶƚƌĂĐƚŽƌ͛ƐďĂƐĞůŝŶĞƐĐŚĞĚƵůĞ
ĨŽƌĐŽŶĨŽƌŵĂŶĐĞǁŝƚŚƚŚĞƐƉĞĐŝĮĐĂƟŽŶƐ͘tĞǁŝůůĂůƐŽ
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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

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

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

Attachment 3

12.B-26Council Agenda 9-5-2023

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

Pismo Beach City CouncilSeptember 5, 2023

Pismo Beach City Council
September 5, 2023