09.F Report Parking and PD Annex Contracts 2024-08-20 — Pismo Beach City Council, August 20, 2024

G\T Y OF

PISMO BEACH CITY COUNCIL STAFF REPORT
A�syo��Pc� Agenda Item #9.F
Meeting Date: August 20, 2024
TITLE:

Agreements with SOV Security, Toste Grading and Paving, and CLAD Consulting for Parking and Police Department Annex Security Improvements, Sidewalk, and Paving
RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to:

1. Execute a Minor Construction Services Agreement with Merjan Enterprises, Inc. dba SOV Security in the amount of $147,437.77 for security cameras and access control;

2. Execute a Purchase Order with Toste Grading and Paving in the amount of $113,545 for construction of onsite parking and frontage improvements; and

3. Execute Amendment #1 to the existing Professional Services Agreement with CLAD Consulting, Inc. in the amount of $84,000 for additional Construction Management, Inspection and Administration Services for the Police Department Parking Division Annex Building Project; and
Appropriating related budget adjustments.

DISCUSSION:

On October 3, 2023 City Council awarded a contract to Pre Con Industries (PCI) for the construction of tenant improvements to the Police Department Parking Division Annex Building project. The project included:
• Creation of a small secure lobby with a secure interview room, and two private offices
• Creation of a public walkup counter for customers to pay parking tickets and a private office
• Installing a door connecting the two spaces and one restroom to serve both sections
• Removal of the "storefront bay-windows" that protrude from the building and return the building to its original appearance circa 1938
• Construction of a garage in the southwest corner of the property to house Parking and Police vehicles to allow for rapid response downtown During the course of construction, there have been numerous change orders related to site conditions and plan revisions. Most recently additional scope including IT and security changes, frontage improvements, and ADA parking lot improvements have been identified.

Council Agenda 8-20-2024 9.F-1

IT and Security
In October 2020, the City released a Request for Proposal (RFP) for security camera and access control services which anticipated the need for additional installations and services for other City facilities. From the RFP, SOV Security was selected to provide comprehensive security camera and access control services to the City for a period of five years. As a law enforcement facility, the Parking and Police annex requires security camera coverage of the exterior of the building. This video must be kept for at least two years per the City's records retention schedule. This also includes access control that will be compatible with the access control system that is installed at City Hall and the one proposed for the new Public Safety Facility. In addition, the City needs to hire an electrician to provide conduit for redundant internet fiber service to the building. Quotes are provided as Attachment 1.A.

Onsite Parking and Frontage Improvements
During construction of the wet and dry utilities for the project, the parking lot, sidewalk and surrounding frontage of the site were impacted, resulting in the need for new concrete sidewalk and frontage improvements along Dolliver Street and Hinds Avenue, a 2" grind and overlay in the parking lot, ADA grading and ramps, as well as striping and ADA signage. Staff solicited quotes from three contractors, JJ Fisher Construction, Brough Construction and Toste Grading and Paving to complete the work. Toste Grading and Paving has been selected to perform the work, as they provided the lowest quote (Attachment 1.113).

Construction Management, Inspections and Administration On October 17, 2023, the City Council authorized a Professional Services Agreement with CLAD Consulting, Inc. (CLAD) for construction management, inspection and administration services for the project. To date there have been eleven change orders to the construction contract for the project. This expanded scope has also lengthened the project schedule, requiring additional construction management services. CLAD has provided a proposal of $84,000 (Attachment 1.C), to cover the increased work that has been required to date and to bring the project to completion. The total CM contract cost including the proposed Amendment #1 is $318,570.

Conclusion and Recommendation
Staff recommends that the Council adopt a Resolution (Attachment 1) authorizing the City Manager to enter into a Minor Construction Services Agreement with SOV Security in the amount of $147,437.77 for security cameras and access control; execute a purchase order with Toste Grading and Paving in the amount of$113,545 for construction of the onsite parking and frontage improvements; execute Amendment #1 to the existing Professional Services Agreement with CLAD Consulting, Inc. in the amount of $84,000 for additional Construction Management, Inspection and Administration services for the Police Department Parking Division Annex Building project, and making related budget adjustments.

Council Agenda 8-20-2024 9.F-2

FISCAL IMPACT:

The fiscal impact of adopting the subject Resolution is an additional $245,000 for construction of the project. The remaining available FY 2025 Capital Projects Fund budget for the Annex Building is $120,336. The current project funding and proposed budget adjustments are illustrated below.

Current Project Funding for Police Department Parking Division Annex Building FY 2024 Capital Projects Fund Budget $120,336
Toste Grading and Paving $113,545.00
SOV Minor Construction Services Agreement $147,437.77 Electrician services $15,000.00
CLAD Amendment #1 $84,000.00
Total Costs $359,982.77
Budget Shortfall ($239,646.77)
Staff recommends that Council appropriate $245,000 in the Capital Projects Fund in the Police Department Parking Annex project capital outlay - improvements account, supported by a $171,500 transfer from the Parking Enterprise Fund and $73,500 from the General Fund, including appropriating transfers between funds.

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: SOV Cost Proposal
13 Exhibit B to Resolution: Toste Quote

1.0 Exhibit C to Resolution: Proposed CLAD Amendment #1

2. SOV Agreement
Prepared by:

Erin Olsen, Senior Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

Council Agenda 8-20-2024 9.F-3

Attachment 1
RESOLUTION NO. R-2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO:

1. ENTER INTO A MINOR CONSTRUCTION SERVICES AGREEMENT WITH MERJAN ENTERPRISES, INC. DBA SOV SECURITY IN THE AMOUNT OF $147,437.77 FOR SECURITY CAMERAS AND ACCESS CONTROL;

2. EXECUTE A PURCHASE ORDER WITH TOSTE GRADING AND PAVING IN THE AMOUNT OF $113,545 FOR CONSTRUCTION OF ONSITE PARKING AND FRONTAGE IMPROVEMENTS; AND

3. EXECUTE AMENDMENT #1 TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH CLAD CONSULTING, INC. IN THE AMOUNT OF
$84,000 FOR ADDITIONAL CONSTRUCTION MANAGEMENT, INSPECTION AND

ADMINISTRATION SERVICES FOR THE POLICE DEPARTMENT PARKING DIVISION ANNEX BUILDING PROJECT; AND

APPROPRIATING RELATED BUDGET ADJUSTMENTS
WHEREAS, during the course of construction of the Police Department Parking Division Annex Building project, there have been numerous change orders related to site conditions and plan revisions including IT and security changes, frontage improvements, and ADA parking lot improvements; and
WHEREAS, SOV Security was awarded a five-year contract to provide comprehensive security camera and access control services to the City, and the Parking and Police annex requires security camera coverage of the exterior of the building; and WHEREAS, staff solicited quotes from three contractors for new concrete sidewalk and frontage improvements along Dolliver Street and Hinds Avenue, a two-inch grind and overlay in the parking lot, ADA grading and ramps, as well as striping and ADA signage, and Toste Grading and Paving has been selected to perform the work, as they provided the lowest quote; and
WHEREAS, this expanded project scope has lengthened the project schedule, requiring additional construction management services from CLAD Consulting, Inc. to bring the project to completion.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a Minor Construction Services Agreement with Merjan Enterprises, Inc. dba SOV Security in the amount of$147,437.77 for security cameras and access control (quote provided as Exhibit A).

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute a Purchase Order with Toste Grading and Paving in the amount of $113,545 for construction of the onsite parking and frontage improvements (quote provided as Exhibit B).

Council Agenda 8-20-2024 9.F-4

Attachment 1
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute Contract Amendment #1 to the existing Professional Services Agreement with CLAD Consulting, Inc. in the amount of $84,000 for additional Construction Management, Inspection and Administration Services for the Police Department Parking Division Annex Building Project (quote provided as Exhibit C).

BE IT FINALLY RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $245,000 in the Capital Projects Fund in the Police Department Parking Annex project capital outlay - improvements account, supported by a $171,500 transfer from the Parking Enterprise Fund and $73,500 from the General Fund, including appropriating transfers between funds.

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 20'" day of August 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:

Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on
Erica Inderlied, City Clerk
Council Agenda 8-20-2024 9.F-5

Attachment 1.A
••_••• Quotation
• S V'M
your business security solution Quote# 1060V1-0 www.SOVsecurity.com
Date: 6/12/2024
Customer: • • Sales Person: Brian Levy City of Pismo Beach City of Pismo Beach Terms: See Below* Attn: Jason Takagi Attn: Jason Takagi Customer Ref: J. Takagi 760 Mattie Road 585 Doliver Road
Pismo Beach, CA 93449 Pismo Beach CA 93449 Page(s): 1 of 2 DescriptionProject
Pismo Beach Police Annex Building
585 Doliver Street, Pismo Beach CA
Video Surveillance Cameras
Section# 1. Camera Hardware
1 270 Degree Multi-sensor Avigilon Multi-sensor 3X8MP,WDR,270 degree max 2.00 $2,385.90 $4,771.80 T field of view,3.3-5.7MM,
2 Dome Camera 8MP H6A I Dome Camera with 4.4-9.3mm Lens 7.00 $1,662.05 $11,634.34 T 3 Interface Adapter Avigilon,Pendant adapter,NPT,H6A 7.00 $54.00 $378.00 T 4 Wall Mount H6 H6 MOUNT,WALLARM,20CM LONG, 1.5 NPT 7.00 $94.50 $661.50 T 5 Pendant Adapter Avigilon Outdoor Mutisensor Pendant Adapter 2.00 $179.35 $358.70 T 6 Multi-sensor Dome Cov Multi-sensor Dome Cover Clear 2.00 $179.35 $358.70 T 7 Multi-sensor Wallmount Avigilon Multi-sensor Wallmount 2.00 $109.19 $218.38 T 8 Multi-sensor IR Ring Avigilon Multi-senor I Ring 2.00 $350.46 $700.92 T Section# 2. Communication Hardware
9 CAT-6 Genesis,CAT6 Plus Plenum Cable,23/4 Solid BC,U, 1.00 $403.80 $403.80 T UTP,CMP,LP,FT6, 1 000'(304.8m)Pull Box,Green
10 Cable Accessories Cable Accessories 1.00 $700.00 $700.00 T Section# 3. System Mgmt& Display
11 ACC7 Licenses ACC 7 Enterprise Edition camera license 9.00 $284.86 $2,563.73 12 NVR5 Premium 160 NVR5 PRM 160TB 2U Rack Mount,WS19 NA 1.00 $56,687.32 $56,687.32 T 13 Multi-sensor POE++ Multi-sensor PoE 95W++injector,NA 2.00 $424.81 $849.62 T Section# 4. Labor
Setup and Installation of Cameras,Programming,
14 VMS Labor Testing,Commissioning 87.00 $150.00 $13,050.00 Travel&Hotel&Per Diem:
15 Travel/Hotel/Per Diem 5 Night X 2 Techs @ 150 Per Night 1.00 $2,970.00 $2,970.00 5 Days X 2 Techs @ 70 Per Day
6 Hours of Travel @ 150
Corporate . .
29399 • • • . • Suite 103 • • 913011 866.791.6595 Council Agenda 8-20-2024 9.F-6

Attachment 1.A
Section# 4. Labor
16 Lift Fee Lift Fee 1.00 $2,500.00 $2,500.00 T Notes
Project Notes:

All hours quoted are Monday-Friday 9AM-5PM during regular business hours SOV excludes all patching, painting, bonds, and permits Any change to the scope of the project may alter the project price and schedule City of Pismo Beach to provide network switches with POE for all camera power and patch panel City to provide CAT-6 runs for all required cameras
*payment for equipment is due upon delivery to SOV for programming. Labor is due upon completion.

California Notice:

Certified Quote is valid for 60 days. Prices are Subtotal: $98,806.81 subject to change without notice. This is Sales Tax: CA-Los An eles-Pism $6,217.29 �# Small Business only an estimate. Taxes, freight and g #05716 miscellaneous charges are estimates. Total: $105,024.10 Corporate . .
. . Agoura Road,
Council Agenda 8-20-2024 9.F-7

Attachment 1.A
'M
.:....

S V Quotation
your business security solution Quote# 1060A1-0 www.SOVsecurity.com
Date: 5/21/2024
Customer: • • Sales Person: Brian Levy City of Pismo Beach City of Pismo Beach Terms: See Below* Attn: Jason Takagi Attn: Jason Takagi Customer Ref: J Takagi 760 Mattie Road 585 Doliver Road
Pismo Beach, CA 93449 Pismo Beach CA 93449 Page(s): 1 of 2 Project Description
City of Pismo Beach Police Annex Access Control
Section# 1. Door Hardware
1 Keypad Reader 939-KP Symmetry Blue 939F-KP Wallswitch Reader with 6.00 $594.75 $3,568.50 T Keypad-Black-for Bluetooth /LF/HF-F2F
2 Door Contacts 3/4"Door Recessed Switch Set,Standard Gap 6.00 $7.65 $45.90 T 3 Request-to-Exit Request to Exit Sensor 6.00 $97.50 $585.00 T Section# 2. Communication Hardware
Belden,Composite-Lock Power,Card Reader,Door
4 ACS Banana Cable Contract,REX Applications 4C18+4C22+3P22+2C22 1.00 $1,582.50 $1,582.50 T Shi
Section# 3. System Mgmt& Display
5 PS902 BBK 900-4RL Von Duprin PS902 BBK 900 4RL 2A Power Supply 6.00 $1,039.38 $6,236.28 T AMAG Symmetry M2150 8DBC 8 Reader RackMount
6 Rack Mount 8DBC Cont Kit-Includes 8DBC Panel(20K),Power Supply,2U 19" 1.00 $3,583.13 $3,583.13 T RAK3
Section# 4. Labor
7 AMAG Pro Reader Licen Symmetry Professional 8 Reader License Add-on 1.00 $361.73 $361.73 T 8 ACS Labor Setup/Installation 156.00 $150.00 $23,400.00 T Corporate . .

L 29399 Agoura Road,Suite i
Council Agenda 8-20-2024 9.F-8

Attachment 1.A
Notes
Project Notes:

All hours quoted are Monday-Friday 9AM-5PM during regular business hours SOV excludes all patching, painting, bonds, and permits Any change to the scope of the project may alter the project price and schedule City of Pismo Beach to provide network switches with POE for all controllers City to provide access control banana cable for Door Furniture and Readers per job walk discussion *payment for equipment is due upon delivery to SOV for programming. Labor is due upon completion. (IN#)
California Notice:

Certified Quote is valid for 60 days. Prices are Subtotal: $39,363.03 subject to change without notice. This is Sales Tax: CA-Los An eles-Pism $3,050.64 Small Business only an estimate. Taxes, freight and g #05716 miscellaneous charges are estimates. Total: $42,413.67 Corporate . .
. . Agoura
Council Agenda 8-20-2024 9.F-9

Attachment 1.B
704& 6 , 490i'C• PROPOSAL
SEALING &ASPHALT MAINTENANCE DATE PROPOSAL#
2651 GREEN PLACE
ARROYO GRANDE, CA 93420 7/30/2024 18090
LICENSE NO.879465
DIR#:1000001378 EMAILED FAXED
P(805)473-0884 F(805)473-0970
TO: PROJECT:

CITY OF PISMO BEACH 585 DOLLIVER ST.
760 MATTIE ROAD PISMO BEACH
PISMO BEACH, CA 93449
PHONE I FAX i CUSTOMER E-MAIL
805.773.7072 1 805.773.4684 1 [email protected] WE SUBMIT SPECIFICATIONS&ESTIMATES FOR:

FRONTAGEIMPROVEMENTS:
*DEMO CITY SIDEWALK,APPROACH,AND RETAINING WALL
*POUR BACK CITY STANDARD APPROACH AND SIDEWALK ON 924 SQ. FT. *ALL CONCRETE CURBS AND UTILITY BOXES TO REMAIN
*PATCH BACK ASPHALT 6" IN FRONT OF NEW APPROACH
*INCLUDES (2) 10'X6' CONCRETE LANDINGS AT FRONT DOORS
*REPLACE ONE SIGN POST(EXISTING SIGN TO REMAIN)
*INSTALL (2) CITY STANDARD UNDER SIDEWALK DRAINS
*INSTALL NEW D.I. WITH PIPING CONNECTION TO STREET OR UNDER SIDEWALK DRAIN *REMOVE AND REPLACE ADDITIONAL 300 SQ. FT. OF CITY SIDEWALK OUTSIDE OF CALTRANS

RIGHT-OF-WAY
*INCLUDES ALL TRAFFIC CONTROL
*EXCLUDES ANY PERMITS AND TESTING
PRICE: $86,195
WE PROPOSE HEREBY TO FURNISH MATERIAL&LABOR-COMPLETE IN ACCORDANCE WITH THE ABOVE TOTAL.

SPECIFICATIONS FOR THE SUM OF:

NOTE:UNLESS NOTED,ESTIMATE IS BASED ON NORMAL WORKING HOURS DURING A NORMAL WORK WEEK&IS SUBJECT TO CHANGE FOR NIGHT&WEEKEND WORK.WE REQUIRE 30 DAYS NOTIFICATION PRIOR TO SCHEDULING.NOTIFICATIONS WITH LESS THAN 30 DAYS ARE SUBJECT TO AVAILABILITY.

PAYMENT:ENTIRE AMOUNT IS TO BE PAID UPON PROGRESS BILLING.IF NOT PAID WITHIN 30 DAYS,LEGAL ACTION&ATTORNEYS FEES TO BE PAID BY DEFENDANT.INTEREST CHARGED AT 1.5%MONTHLY.MAY BE PAID FOR WITH CASH OR CHECK.CREDIT CARD PAYMENTS AVAILABLE AT AN ADDITIONAL FEE.

EXCLUSIONS:TOSTE CONSTRUCTION IS NOT RESPONSIBLE FOR CURING PERIOD DUE TO WEATHER CONDITIONS.TOSTE CONSTRUCTION WILL NOT BE HELD

RESPONSIBLE FOR DAMAGES TO SEALING OR STRIPING AFTER INSTALLATION,AND IS NOT RESPONSIBLE FOR SURFACE PIPES OR ELECTRICAL WIRES THAT ARE NOT ISTALLED TO CODE WHICH IS 12-18"FROM THE SURFACE OF THE SOIL.PRICE AND SCHEDULING OF THIS CONTRACT IS SUBJECT TO CHANGE WITHOUT NOTICE DUE TO:UNEXPECTED OIL INCREASES.TOSTE CONSTRUCTION WILL NOT ACCEPT ANY LIABILITY FOR ANY LAWSUITS ARISING FROM AN ADA OR HANDICAP ACCESS ISSUE OR COMPLIANCE.OWNER WILL BE RESPONSIBLE IN KEEPING PEDESTRIANS,VEHICLES,AND ANIMALS FROM TRESPASSING ON AREAS DURING CURING PERIOD.WORK DELAYS CAUSED BY PROPERTY OWNERS,TENANTS,LEASEES,OR ANY MANAGERS OR EMPLOYEES MAY INCUR ADDED FEES FOR ADDITIONAL TRIPS MADE TO COMPLETE THE PROJECT.OUR WARRANTY DOES NOT INCLUDE OIL SPOTS,CRACKS,OR STRUCTURALLY DAMAGED AREAS.

IN ANY LITIGATION OR ARBITRATION ARISING OUT OF THIS PROPOSAL ITS PERFORMANCE,THE COURT OR ARBITRATOR SHALL AWARD REASONABLE COSTS AND EXPENSES,INCLUDING ATTORNEYS FEES,TO THE PREVAILING PARTY.

PLEASE NOTE:THIS PROPOSAL IS VOID IF NOT ACCEPTED WITHIN 30 DAYS.*WE ARE A NON-UNION COMPANY* ALL MATERERIAL IS GUARANTEED TO BE AS SPECIFIED.ALL WORK TO BE ACCEPTANCE OF PROPOSAL:THE ABOVE PRICES,SPECIFICATION AND CONDITIONS COMPLETED IN A PROFESSIONAL MANNER ACCORDING TO STANDARD ARE SATISFACTORY AND ARE HEREBY ACCEPTED.YOU ARE AUTHORIZED TO DO PRACTICES.ANY ALTERATION OR DEVIATION FROM ABOVE THE WORK AS SPECIFIED.PAYMENT WILL BE MADE AS OUTLINED ABOVE.

SPECIFICATIONS INVOLVING EXTRA COST WILL BE EXECUTED ONLY UPON WRITTEN ORDERS,AND WILL BECOME AN EXTRA CHARGE OVER AND SIGNATURE OF ACCEPTANCE:

ABOVE THE ESTIMATE.ALL AGREEMENTS CONTINGENT UPON STRIKES, ACCIDENTS OR DELAYS BEYOND OUR CONTROL.OWNER TO CARRY FIRE AND OTHER NECESSARY INSURANCE.OUR WORKERS ARE FULLY
COVERED BY WORKER'S COMPENSATION INSURANCE.

AUTHORIZED SIGNATURE: TONY TOSTE DATE OF ACCEPTANCE:

PRESIDENT FOR
TOSTE
CONSTRUCTION,WC.

Page 1 ends

Council Agenda 8-20-2024 9.F-10

CITY OF PISMO BEACH 585 DOLLIVER ST.
760 MATTIE ROAD PISMO BEACH
PISMO BEACH, CA 93449
PHONE I FAX CUSTOMER E-MAIL
805.773.7072 1 805.773.4684 1 [email protected] WE SUBMIT SPECIFICATIONS&ESTIMATES FOR:

CONDUIT FROM AT&T BOX TO BUILDING:
*EXCAVATE AND INSTALL 2" CONDUIT FROM AT&T BOX IN CITY SIDEWALK TO STUBBED UP NEXT TO

ELECTRICAL PANEL ON BUILDING
PRICE: $5,475
INSTALL ASPHALT OVERLAY ON EXISTING PARKING LOT: (SEE ATTACHED PLAN) *CLEAN AND TACK 4,345 SQ. FT. (HEAVY CLEANING BY OTHERS) *SAWCUT AND REMOVE 5'OF EXISTING ASPHALT AT BOTH ENTRANCES (RED) *INSTALL PETROMAT ON 4,345 SQ. FT.
*INSTALL 2"ASPHALT ON 4,345 SQ. FT. (BLUE)
PRICE: $20,475
PARKING LOT STRIPING AND SIGNS:
*PROVIDE AND INSTALL VAN ACCESSIBLE PARKING STALL SIGN
*INSTALL STRIPING AND MARKINGS PER REVISED SITE PLAN SHEET A1.1 LAST DATED 7/12/2023 PRICE: $1,400

PRICE COVERS LISTED ITEMS ONLY
WE PROPOSE HEREBY TO FURNISH MATERIAL&LABOR-COMPLETE IN ACCORDANCE WITH THE ABOVE TOTAL:

SPECIFICATIONS FOR THE SUM OF:

EXCLUSIONS:TOSTE CONSTRUCTION IS NOT RESPONSIBLE FOR CURING PERIOD DUE TO WEATHER CONDITIONS.TOSTE CONSTRUCTION WILL NOT BE HELD

IN ANY LITIGATION OR ARBITRATION ARISING OUT OF THIS PROPOSAL ITS PERFORMANCE,THE COURT OR ARBITRATOR SHALL AWARD REASONABLE COSTS AND EXPENSES,INCLUDING ATTORNEYS FEES,TO THE PREVAILING PARTY.

SPECIFICATIONS INVOLVING EXTRA COST WILL BE EXECUTED ONLY UPON WRITTEN ORDERS,AND WILL BECOME AN EXTRA CHARGE OVER AND SIGNATURE OF ACCEPTANCE:

AUTHORIZED SIGNATURE: TONY TOSTE DATE OF ACCEPTANCE:

PRESIDENT FOR
TOSTE
CONSTRUCTION,WC.

Page 2 ends

Council Agenda 8-20-2024 9.F-11

PRICE BASED ON PREVAILING WAGE RATES.

WE PROPOSE HEREBY TO FURNISH SPECIE CAT ONSF OR THE COMPLETE OF: ACCORDANCE WITH THE ABOVE TOTAL: $113,545.00 NOTE:UNLESS NOTED,ESTIMATE IS BASED ON NORMAL WORKING HOURS DURING A NORMAL WORK WEEK&IS SUBJECT TO CHANGE FOR NIGHT&WEEKEND WORK.WE REQUIRE 30 DAYS NOTIFICATION PRIOR TO SCHEDULING.NOTIFICATIONS WITH LESS THAN 30 DAYS ARE SUBJECT TO AVAILABILITY.

EXCLUSIONS:TOSTE CONSTRUCTION IS NOT RESPONSIBLE FOR CURING PERIOD DUE TO WEATHER CONDITIONS.TOSTE CONSTRUCTION WILL NOT BE HELD

IN ANY LITIGATION OR ARBITRATION ARISING OUT OF THIS PROPOSAL ITS PERFORMANCE,THE COURT OR ARBITRATOR SHALL AWARD REASONABLE COSTS AND EXPENSES,INCLUDING ATTORNEYS FEES,TO THE PREVAILING PARTY.

SPECIFICATIONS INVOLVING EXTRA COST WILL BE EXECUTED ONLY UPON WRITTEN ORDERS,AND WILL BECOME AN EXTRA CHARGE OVER AND SIGNATURE OF ACCEPTANCE:

AUTHORIZED SIGNATURE: TONY TOSTE DATE OF ACCEPTANCE:

PRESIDENT FOR
TOSTE
CONSTRUCTION,WC.

Page 3 ends

Council Agenda 8-20-2024 9.F-12

Attachment 1.0
AMENDMENT# 1
to the
OCTOBER 19, 2023 AGREEMENT BETWEEN THE CITY OF PISMO BEACH AND CLAD CONSULTING, INC.

Pursuant to the October 19, 2023 Agreement for Professional Services between the City of Pismo Beach, hereinafter referred to as "City," and CLAD Consulting, Inc., hereinafter referred to as "Vendor," City and Vendor hereby agree as follows:

1. Additional services shall be performed as set forth in the proposal dated July 10, 2024, which is attached hereto and by this reference made a part hereof.

2. Compensation for and timing of the additional services shall be as set forth in the referenced proposal. Compensation for the additional services shall not exceed the amount of forty-six thousand nine hundred fourteen dollars ($84,000), without prior written approval of the City.

3. The revised fee under the October 19, 2023 contract, plus this addendum, is three hundred eighteen thousand five hundred seventy dollars ($318,570).

4. The term end date of the agreement is hereby revised to December 31, 2024.

5. All other provisions of the subject agreement between City and Vendor shall remain in full force and effect.

CITY: VENDOR:

City of Pismo Beach, a Municipal Corporation CLAD Consulting, Inc.

Signed: Signed:

Name: Benjamin A. Fine, P.E. Name:

Title: Director of Public Works/City Engineer Title:

Dated:

Signed:

Address for giving notice:

Name: Jorge E. Garcia (if changed from prior agreement) Title: City Manager
Dated:

APPROVED AS TO FORM: Email address for official communications:
(if changed from prior agreement)
Signed:

Name: David M. Fleishman Vendor Representative:

Title: City Attorney (if changed from prior agreement) Name/Title:

Attachment: Scope/Cost Proposal
Council Agenda 8-20-2024 9.F-13

C AD Attachment 1.0

ADDITIONAL SERVICES AGREEMENT
Date: July 10, 2024
Project Name: PD Parking Division Annex
Client Name: City of Pismo Beach
Scope of Work:

CLAD will perform additional construction management, project coordination, and inspection services to carry out the project to completion. To date, the Annex and the additional sites have had increased scope items and change orders. This includes $220,000 in change orders and $35,000 in discretionary spending. It also includes completed work at City Hall, 900 Bello, and the Corporation Yard that were not a part of the original scope.

Additionally, we need to complete the IT and security scopes, the frontage improvements, repave the parking lot, gates, and drainage improvements. We estimate that the additional scope will be completed by the end of September.

Time and Materials Estimate: $84,006"
*Fees are valid for 60 days from the proposal date.

Acceptance and Terms:

This agreement is in addition to the original signed proposal.The previously agreed to Terms and Conditions, or the Master Service Agreement, apply in their entirety.Any changes to this agreement must be mutually agreed to in writing.

Company CLAD Consulting, Inc.

Signature
L. Alberto Lopez, Principal
Date Date 7/10/24
INI: LAL
23050
workwithclacl.com
Council Agenda 8-20-2024 PO Box 1069, Grover Beach, CA 93483 9.F-14

Attachment 2

CITY OF PISMO BEACH
MINOR CONSTRUCTION SERVICES AGREEMENT 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 This Construction Services Agreement("AGREEMENT")is made and entered into as of the date the governments.Article 1.7 mandates certain procedures for the payment of undisputed and properly AGREEMENT is fully executed by all parties(the"Effective Date'),by and between the City of submitted payment requests within 30 days after receipt,for the review of payment requests,for Pismo Beach,a municipal corporation("CITY"),and Merjan Enterprises,Inc.dba SOV Security notice to CONTRACTOR of improper payment requests,and provides for the payment of interest on ("CONTRACTOR").In consideration of the mutual covenants and conditions set forth herein,the progress payment requests which are not timely made in accordance with that Article.This parties agree as follows: AGREEMENT hereby incorporates the provisions of Article 1.7 as though fully set forth herein.

I. SCOPE OF WORK 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 CONTRACTOR shall perform within the time set forth in Article 2 of this AGREEMENT and shall governing the type of claims that may be submitted,the time to respond to such claims,and furnish at its own cost all labor,materials,equipment,tools,utility services,and transportation and alternative dispute resolution procedures.The provisions of Section 9204 are incorporated herein by perform and complete all work required in connection with the construction of security cameras and reference,and to the extent CONTRACTOR asserts a claim specified by Section 9204, access control equipment for the Parking and Police Annex Project(hereinafter"Project"). CONTRACTOR shall comply with all provisions set forth in Section 9204 in submitting a claim to CITY.

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 V. RETENTION OF SECURITIES 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 Administrative Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by Services Director,or utilities.CONTRACTOR also expressly agrees that,in the event its work is CITY to ensure performance under a contract,at the request and expense of CONTRACTOR. hindered,delayed,interfered with,or otherwise affected by a separate contractor,its sole remedy will Substitution of securities shall not be required in contracts in which there will be financing provided by be a direct action against the separate contractor.To the extent allowed by law,CONTRACTOR will the Farmers Home Administration of the United States Department of Agriculture pursuant to the have no remedy,and hereby expressly waives any remedy against CITY,the Project Manager,or the Consolidated Farm and Rural Development Act(7 U.S.C.Sec.1921 et seq.),and where federal Administrative Services Director on account of delay,hindrance,interference,or other events caused regulations or policies,or both,do not allow the substitution of securities.Alternatively, by a separate contractor. 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 II. TIME FOR PROJECT COMPLETION 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 All of CONTRACTOR's work on the Project shall be completed within durations established for the CONTRACTOR.Upon satisfactory completion of the contract,CONTRACTOR shall receive from the individual activities as set forth in the Project Construction Schedule.All work shall immediately after escrow agent all securities,interest,and payments received by the escrow agent from CITY,pursuant receiving a written Notice to Proceed from CITY or Project Manager,if a Project Manager is employed to the terms of this section. 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 The escrow agreement entered into pursuant to this section must be substantially similar to the form obligations regarding individual activity durations.The aggregate sum total work of all individual Prime included in Public Contract Code Section 22300(f).CONTRACTOR shall obtain the written consent of Contractors to CITY comprises the entire"Project"and shall be commenced and completed in its surety to such escrow agreement.Securities eligible for investment under this section shall include conformance with the Project Construction Schedule.The entire Project shall be completed within those listed in Section 16430 of the Government Code,bank or savings and loan certificates of sixty(60)consecutive working days("Contract Time"). deposit,interest-bearing demand deposit accounts,standby letters of credit,or any other security mutually agreed to by CONTRACTOR and CITY.

III. THE CONTRACT SUM 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 CITY shall pay to CONTRACTOR for the performance of this AGREEMENT,subject to any additions subcontractor performing more than five percent of CONTRACTOR's total bid,make that option and deductions provided in the Project documents,the sum of one hundred forty-seven thousand available to the subcontractor regarding any moneys withheld in retention by CONTRACTOR from the four hundred thirty-seven dollars and seventy-seven cents($147,437.77). subcontractor.

IV. PROGRESS PAYMENTS VI. INDEMNITY,DEFENSE AND HOLD HARMLESS AGREEMENT Based upon Applications for Payment submitted to the Administrative Services Director by To the fullest extent permitted by law,CONTRACTOR shall indemnify,defend,and hold harmless the CONTRACTOR and Certificates for Payment issued by the Administrative Services Director,CITY CITY,and its elected officials,officers,employees,volunteers,and agents("CITY Indemnitees"),from shall make progress payments on account of the Contract Sum to CONTRACTOR as provided in the and against any and all causes of action,claims,liabilities,obligations,judgments,or damages, General Conditions. including reasonable legal counsels'fees and costs of litigation("claims"),arising out of 1of11 2of11
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Attachment 2
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 Final payment,constituting the entire unpaid balance of the Agreement Sum,shall be paid by CITY to arising from the active negligence,sole negligence,or willful misconduct of CITY.In the event CITY CONTRACTOR no sooner than thirty-five(35)days after a Notice of Completion has been recorded, Indemnitees are made a party to any action,lawsuit,or other adversarial proceeding arising from unless otherwise stipulated in the Notice of Completion,provided the work has then been completed, CONTRACTOR's performance of this AGREEMENT,CONTRACTOR shall provide a defense to CITY the AGREEMENT fully performed,and a final Certificate for Payment has been issued by the Indemnitees or at CITY's option,reimburse CITY Indemnitees their costs of defense,including Administrative Services Director. reasonable legal fees,incurred in defense of such claims.

XI. CONTRACTOR'S FAILURE TO PROCURE TIMELY COMPLETION OF PROJECT 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 A. It is agreed by the parties to the AGREEMENT that in case all the work called for under the negligence,sole negligence,or willful misconduct of CITY or its officers,employees,or agents, AGREEMENT is not completed before or upon the expiration of the time limit set forth in CONTRACTOR will be obligated to pay for CITY's defense until such time as a final judgment has Article 2 of this AGREEMENT,damage will be sustained by the City,and that it is and will be been entered adjudicating CITY as having been actively negligent,solely negligent,or as having impracticable to determine the actual damage which the CITY will sustain,in the event of any, engaged in willful misconduct.CONTRACTOR will not be entitled in the absence of such a by reason of such delay;and it is therefore agreed that the CONTRACTOR will pay to the determination to any reimbursement of defense costs including but not limited to attorneys'fees, CITY the sum of FIVE HUNDRED DOLLARS($500.00)PER DAY for each and every expert fees,and costs of litigation.The provisions of this Section VI shall survive completion of calendar day delay beyond the time prescribed to complete the work;and,the CONTRACTOR CONTRACTOR's services or the termination of this AGREEMENT. agrees to pay such Liquidated Damages as herein provided,and in case the same are not paid,agrees that the CITY may deduct the amount thereof from any moneys due or that may VII. PREVAILING WAGES become due the CONTRACTOR under the contract.

A. Wage rates for this Project shall be in accordance with the General Wage Determination Made B. It is further agreed that in case the work called for under the AGREEMENT is not finished and by the Director of Industrial Relations Pursuant To California Labor Code,Part 7,Chapter 1, completed in all parts and requirements within the time specified,the City Engineer shall have Article 2,Sections 1770,1773 and 1773.1,for San Luis Obispo County.Wage rates shall the right to extend the time for completion or not,as may seem best to serve the interest of the conform with those posted at 760 Mattie Road,Pismo Beach,and the Project site. CITY;and if he decides to extend the time limit for the completion of the AGREEMENT,he shall further have the right to charge the CONTRACTOR,his heirs,assignees,or sureties,and B. The following Labor Code sections are hereby referenced and made a part of this to deduct from final payment for the work,all or any part,as he may deem proper,of the actual AGREEMENT: costs of engineering,inspection,superintendence,and other overhead expenses which are directly chargeable to the AGREEMENT,and which accrue during the period of such

1. Section 1775-Penalty for Failure to Comply with Prevailing Wage Rates. extension,except that the cost of final surveys and preparation of the final estimate shall not

2. Section 1777.4-Apprenticeship Requirements. be included in such charges.

3. Section 1777.5-Apprenticeship Requirements.

4. Section 1813-Penalty for Failure to Pay Overtime. C. The CONTRACTOR shall not be assessed with Liquidated Damages,nor the costs of

5. Sections 1810 and 1811-Working Hour Restrictions. engineering and inspection during any delay in the completion of the work caused by acts of

6. Section 1775-Payroll Records. the federal government or the public enemy,or acts of God,fire,floods,epidemics,severe

7. Section 1773.1-Travel and Subsistence Pay. weather,or delays of subcontractors due to such causes;provided that the CONTRACTOR shall,within ten(10)days from the beginning of such delay,notify the City Engineer in writing VIII. RECORD AUDIT of the cause of delay,who shall ascertain the facts and extent of the delay,and his finding of the facts thereon shall be final and conclusive.

In accordance with Government Code,Section 8546.7,if this AGREEMENT involves the expenditure of more than ten thousand dollars($10,000),records of both CITY and CONTRACTOR shall be D. In the event CONTRACTOR fails to furnish tools,equipment,or labor in the necessary subject to examination and audit by the Auditor General for a period of three(3)years after final quantity or quality,or fails to prosecute the work or any part thereof contemplated by this payment. 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 IX. CERTIFICATIONS 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, In addition to certification and licensing requirements identified elsewhere in this agreement, or after commencing to do so within said three(3)calendar days,fails to continue to do so; CONTRACTOR shall maintain the following certifications for the duration of this AGREEMENT: 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 A. None. 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 X. FINAL PAYMENT combination of such methods.In any event,the procuring of the completion of said work,or 3of11 4of11
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Attachment 2
the portion thereof taken over by CITY,shall be a charge against CONTRACTOR,and may be 4. Workers'compensation insurance.CONTRACTOR shall maintain Workers' deducted from any money due or becoming due to CONTRACTOR from CITY,or Compensation Insurance(Statutory Limits)and Employer's Liability Insurance(with CONTRACTOR shall pay CITY the amount of said charge,or the portion thereof unsatisfied. limits of at least$1,000,000)for CONTRACTOR's employees in accordance with the The sureties,provided for under this AGREEMENT shall become liable for payment should laws of the State of California,Section 3700 of the Labor Code at seq.In addition, CONTRACTOR fail to pay in full any said cost incurred by CITY. CONTRACTOR shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the XII. INSURANCE laws of the State of California for all of the subcontractor's employees.

A. Prior to the beginning of and throughout the duration of the Project,CONTRACTOR and its 5. CONTRACTOR shall submit to CITY,along with the certificate of insurance,a Waiver subcontractors shall maintain insurance in conformance with the requirements set forth below. of Subrogation endorsement in favor of CITY,its officers,agents,employees and CONTRACTOR may use existing coverage to comply with these requirements.If that existing volunteers. coverage does not meet the requirements set forth herein,CONTRACTOR agrees to amend, 6. Pollution liability insurance.Environmental Impairment Liability Insurance shall be supplement or endorse the existing coverage to do so. written on a CONTRACTOR's Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden,accidental and gradual pollution CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this and remediation.The policy limit shall be no less than$1,000,000 dollars per claim and section constitute the minimum amount of coverage required.Any insurance proceeds in the aggregate.All activities contemplated in this AGREEMENT shall be specifically available to CONTRACTOR or its subcontractors in excess of the limits and coverage scheduled on the policy as"covered operations."The policy shall provide coverage for identified in this AGREEMENT and which is applicable to a given loss,claim or demand,will the hauling of waste from the project site to the final disposal location,including non- be equally available to CITY. owned disposal sites.

CONTRACTOR shall provide the following types and amounts of insurance: 7. 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

1. General liability insurance.CONTRACTOR shall maintain commercial general liability covered claims arising out of the actions of independent contractors.If the insured is insurance with coverage at least as broad as Insurance Services Office form CG 00 01, using subcontractors,the Policy must include work performed" or on behalf' the in an amount not less than$1,000,000 per occurrence,$2,000,000 general aggregate, insured.Policy shall contain no language that would invalidate orr remove the insurers rer's
for bodilyinjury,personal injury,and roe damage,and a$2,000,000 completed duty y defend ci indemnify for claims duty suits expressly excluded from coverage.
) �'� ) ry, property� g p Policy shall specifically provide for a duty to defend on the part of the insurer.The operations aggregate.The policy must include contractual liability that has not been CITY,its officials,officers,agents,and employees,shall be included as insureds under amended.Any endorsement restricting standard Insurance Services Office(ISO) the policy. "insured contract"language will not be accepted.

2. Additional insured status for CITY.General liability policies shall provide or be B. Other provisions or requirements:
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 1. Proof of insurance.CONTRACTOR shall provide certificates of insurance to CITY as excess/umbrella liability policies.Each such insurance policy shall include one of the evidence of the insurance coverage required herein,along with a waiver of subrogation following: endorsement for Workers'Compensation.Insurance certificates and endorsements i. A separate explicit additional insured endorsement containing language must be approved by CITY's Risk Manager prior to commencement of performance. substantially similar to the following: CITY's Risk Manager or City Attorney may waive the requirement of any insurance "The City of Pismo Beach,its elected and appointed officials,officers, policy set forth herein if he/she determines that such a policy is not commercially employees,and agents are named as additional insureds as respects available to CONTRACTOR,or if the risk to CITY is sufficiently minimal to render such operations of the named insured performed under contract with the City of insurance unnecessary.If such a policy is commercially available,additional cost to Pismo Beach.";or 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 ii. A provision in the body of the policy substantially equivalent to"Additional on file with CITY at all times during the term of AGREEMENT.CITY reserves the right Insureds When Required by Written Contract,Written Agreement or Permit." to require complete,certified copies of all required insurance policies,including

3. Automobile liability insurance.CONTRACTOR shall maintain automobile insurance at endorsements to such policies,at any time. least as broad as Insurance Services Office form CA 00 01 (06/92)covering bodily 2. Duration of coverage.CONTRACTOR shall procure and maintain for the duration of injury and property damage for all activities of CONTRACTOR arising out of or in the AGREEMENT insurance against claims for injuries to persons or damages to connection with the Project,including coverage for any owned,hired,non-owned or property,which may arise from or in connection with the performance of the Project rented vehicles,in an amount not less than$1,000,000 combined single limit for each hereunder by CONTRACTOR,his agents,representatives,employees or accident. subcontractors.CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations 5of11 6of11
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Attachment 2
claims.CITY and its officers,elected officials,employees,and agents shall continue as of such cancellation,in writing,not later than 24 hours following the effective time of additional insureds under such policies. such cancellation.

3. Primary/noncontributing.Coverage provided by CONTRACTOR shall be primary and 10. Prohibition of undisclosed coverage limitations.None of the coverages required herein any insurance or self-insurance procured or maintained by CITY shall not be required will be in compliance with these requirements if they include any limiting endorsement to contribute with it.The limits of insurance required herein may be satisfied by a of any kind that has not been first submitted to CITY and approved of in writing by combination of primary and umbrella or excess insurance.Any umbrella or excess CITY's Risk Manager or City Attorney. insurance shall contain or be endorsed to contain a provision that such coverage shall 11. Separation of insureds.A severability of interests provision must apply for all additional also apply on a primary and non-contributory basis for the benefit of CITY before insureds ensuring that CONTRACTOR's insurance shall apply separately to each CITY's own insurance or self-insurance shall be called upon to protect it as a named insured against whom claim is made or suit is brought,except with respect to the insured. insurer's limits of liability.The policy(ies)shall not contain any cross-liability exclusions.

4. CITY's rights of enforcement.In the event any policy of insurance required under this 12. Pass-through clause.CONTRACTOR agrees to ensure that its subconsultants, AGREEMENT does not comply with these requirements or is canceled and not subcontractors,and any other party providing any work on the Project under the replaced,CITY has the right but not the duty to obtain the insurance it deems direction of CONTRACTOR,provide the same minimum insurance coverage and necessary and any premium paid by CITY will be promptly reimbursed by endorsements required of CONTRACTOR.CONTRACTOR agrees to monitor and CONTRACTOR or CITY will withhold amounts sufficient to pay premium from review all such coverage and assumes all responsibility for ensuring that such CONTRACTOR payments.In the alternative,CITY may terminate this AGREEMENT. coverage is provided in conformity with the requirements of this section.

5. Acceptable insurers.All insurance policies shall be issued by an insurance company CONTRACTOR agrees that upon request,all agreements with consultants, currently authorized by the Insurance Commissioner to transact business of insurance subcontractors,and others engaged in performing work on the Project will be or is on the List of Approved Surplus Line Insurers in the State of California,with an submitted to CITY for review. assigned policyholders'Rating of A-(or higher)and Financial Size Category Class VII 13. CITY's right to revise requirements.CITY reserves the right at any time during the term (or larger)in accordance with the latest edition of Best's Key Rating Guide,unless of the AGREEMENT to change the amounts and types of insurance required by giving otherwise approved by CITY's Risk Manager. CONTRACTOR a ninety(90)day advance written notice of such change.If such

6. Waiver of subrogation.All insurance coverage maintained or procured pursuant to this change results in substantial additional cost to CONTRACTOR,CITY and agreement shall be endorsed to waive subrogation against CITY,its elected or CONTRACTOR may renegotiate CONTRACTOR's compensation. appointed officers,agents,officials,employees,and volunteers or shall specifically 14. Self-insured retentions.Any deductibles or self-insured retention must be declared to allow CONTRACTOR or others providing insurance evidence in compliance with these and approved by CITY.At the option of CITY,either the insurer shall reduce or specifications to waive their right of recovery prior to a loss.CONTRACTOR hereby eliminate such deductibles or self-insured retention as respects CITY,its elected and waives its own right of recovery against CITY,and shall require similar written express appointed officials,employees and volunteers,or CONTRACTOR shall procure a bond waivers and insurance clauses from each of its subconsultants. guaranteeing payment of losses and related investigations,claim administration and

7. Enforcement of contract provisions(non-estoppel).CONTRACTOR acknowledges and defense expenses.Self-insurance will not be considered to comply with this paragraph agrees that any actual or alleged failure on the part of CITY to inform CONTRACTOR unless approved by CITY. of non-compliance with any requirement imposes no additional obligations on CITY nor 15. Timely notice of claims.CONTRACTOR shall give CITY prompt and timely notice of does it waive any rights hereunder. claims made or suits instituted that arise out of or result from CONTRACTOR's

8. Requirements not limiting.Requirements of specific coverage features or limits performance under this AGREEMENT,and that involve or may involve coverage under contained in this Section are not intended as a limitation on coverage,limits or other any of the required liability policies. requirements,or a waiver of any coverage normally provided by any insurance. 16. Additional insurance.CONTRACTOR shall also procure and maintain,at its own cost Specific reference to a given coverage feature is for purposes of clarification only as it and expense,any additional kinds of insurance,which in its own judgment may be pertains to a given issue and is not intended by any party or insured to be all inclusive, necessary for its proper protection and prosecution of the Project. 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 XIII. CONTRACTOR'S LICENSE entitled to coverage for the higher limits maintained by CONTRACTOR.Any available insurance proceeds in excess of the specified minimum limits of insurance and CONTRACTOR must possess at the time of commencing work and throughout the Project duration,a coverage shall be available to CITY. Contractor's License,issued by the State of California,which is current and in good standing.

9. Notice of cancellation.CONTRACTOR agrees to oblige its insurance agent or broker CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of and insurers to provide to CITY with a thirty(30)day notice of cancellation(except for commencing work and throughout the Project duration,a Contractor's License,issued by the State of nonpayment,for which a ten(10)day notice is required)or nonrenewal of coverage for California,which is current and in good standing. 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 7of11 8of11
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Attachment 2
XIV. REGISTRATION REQUIREMENTS 2. Subsurface or latent physical conditions at the site differing from those indicated in the Project specifications;
Pursuant to Section 1771.1(a)of the Labor Code: 3. Unknown physical conditions at the site of any unusual nature,different materially from "A contractor or subcontractor shall not be qualified to bid on,be listed in a bid proposal,subject to the those ordinarily encountered and generally recognized as inherent in the Project or the requirements of Section 4104 of the Public Contract Code,or engage in the performance of any character provided for in the CONTRACT. contract for public work,as defined in this chapter,unless currently registered and qualified to perform B. Upon receipt of said notification CITY will investigate the conditions,and if it finds that the public work pursuant to Section 1725.5.It is not a violation of this section for an unregistered conditions do materially so differ,or do involve hazardous waste,and cause a decrease or contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code increase in CONTRACTOR's cost of or the time required for performance of any part of the or by Section 10164 or 20103.5 of the Public Contract Code,provided the contractor is registered to Project,CITY will issue a change order under the procedures described in the General perform public work pursuant to Section 1725.5 at the time the contract is awarded." Conditions.

CONTRACTOR must be registered with the Department of Industrial Relations(DIR)of the State of C. In the event that a dispute arises between CITY and CONTRACTOR whether the conditions California in order to be eligible to work on public works projects.CONTRACTOR must ensure materially differ,or involve hazardous waste or cause a decrease or increase in registration with the DIR that is active and in good standing. 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 Except as otherwise provided in Labor Code Section 1771.1(a),no contractor or subcontractor may AGREEMENT,but shall proceed with all work to be performed under the AGREEMENT. be listed on a bid proposal for a public works project unless registered with the Department of CONTRACTOR shall retain any and all rights provided either by AGREEMENT or by law Industrial Relations pursuant to Labor Code section 1725.5. which pertain to the resolution of disputes and protests between the contracting parties.

No contractor or subcontractor may be awarded a contract for public work on a public works project XVIII. COMPONENT PARTS OF THE CONTRACT unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This AGREEMENT entered into consists of the AGREEMENT and the attached SCOPE OF This project is subject to compliance monitoring and enforcement by the Department of Industrial SERVICES,all of which are component parts of the AGREEMENT as if herein set out in full or Relations. attached hereto:

XV. CORPORATION IN GOOD STANDING 1. Quote#:1060V1-0

2. Quote#:1060A1-0
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 XIX. ENTIRE CONTRACT undersigned is authorized to act for and bind the corporation.

This AGREEMENT constitutes the entire contract of the parties.No other agreements or contracts, XVI. PROVISIONS REQUIRED BY LAW 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.

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 IN WITNESS WHEREOF,the parties hereto have caused this AGREEMENT to be executed the day included herein,and if through mistake or otherwise any such provision is not inserted,or is not and year last written below. currently inserted,then upon application of either party the AGREEMENT shall forthwith be physically amended to make such insertion or correction. CITY: CONTRACTOR:

City of Pismo Beach,a Municipal Corporation Merjan Enterprises,Inc.dba SOV Security XVII. SUBSURFACE HAZARDOUS MATERIALS
Signed: Signed:

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 Name:Nadia Feeser Name:
promptly,and before the following conditions are disturbed,notify CITY in writing of any: Title:Administrative Services Director Title:

Dated:

1. Material that CONTRACTOR believes may be material that is hazardous waste,as Dated:
defined in Section 25117 of the Health and Safety Code,that is required to be removed Signed:
to a Class I,Class II or Class III disposal site in accordance with the provisions of Address for giving notice:
existing law; Name:Jorge E.Garcia
Title:City Manager
9of11 10of11
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Attachment 2
so V Quotation
Dated: your business security solution Quote# 1060V1-0 Email address for official communications: www.sovsecurity.com Address for giving notice: Date: 6/1 212 0 2 4 760 Mattie Road,Pismo Beach,CA 93449 Sales Person: Brian Levy APPROVED AS TO FORM: Contractor Representative: City of Pismo Beach City of Pismo Beach Terms: See Below' Attn: Jason Takagi Attn: Jason Takagi Customer Ref: J.Takagi Name/Title: 760 Mat tie Road 585 Doliver Road Signed: Pismo Beach,CA 93449 Pismo Beach CA 93449 Page(s): 1 of 2 Name:David M.Fleishman
Title:City Attorney '
Pismo Beach Police Annex Building
585 Doliver Street, Pismo Beach CA
Video Surveillance Cameras
0Description Qty
Section# 1.Camera Hardware
1 270 Degree Multi-sensor Avigilon Multi-sensor3X8MP,WDR,270 degree max 2.00 $2,385.90 $4,771.80 T field of view,3.3-5.7MM,
2 Dome Camera 8MP H6A IR Dome Camera with 4.4-9.3mm Lens 7.00 $1,662.05 $11,634.34 T 3 Interface Adapter Avigilon,Pendant adapter,NPT,H6A 7.00 $54.00 $378.00 T 4 Wall Mount H6 H6 MOUNT,WALL ARM,20CM LONG,1.5 NPT 7.00 $94.50 $661.50 T 5 Pendant Adapter Avigilon Outdoor Mutisensor Pendant Adapter 2.00 $179.35 $358.70 T 6 Multi-sensor Dome Cov Multi-sensor Dome Cover Clear 2.00 $179.35 $358.70 T 7 Multi-sensor Wallmount Avigilon Multi-sensor Wallmount 2.00 $109.19 $218.38 T 8 Multi-sensor IR Ring Avigilon Multi-senor IR Ring 2.00 $350.46 $700.92 T Section# 2.Communication Hardware
9 CAT-6 Genesis,CAT6 Plus Plenum Cable,2314 Solid BC,U, 1.00 $403.80 $403.80 T UTP,CMP,LP,FT6,1 000'(304.8m)Pull Box,Green
10 Cable Accessories Cable Accessories 1.00 $700.00 $700.00 T Section# 3.System Mgml&Display
11 ACC7 Licenses ACC 7 Enterprise Edition camera license 9.00 $284.86 $2,563.73 12 NVR5 Premium 160 NVR5 PRM 160TB 2U Rack Mount,WS19 NA 1.00 $56,687.32 $56,687.32 T 13 Multi-sensor POE++ Multi-sensor PoE 95W++injector,NA 2.00 $424.81 $849.62 T Section# 4.Labor
Setup and Installation of Cameras,Programming,
14 VMS Labor Testing,Commissioning 87.00 $150.00 $13,050.00 Travel&Hotel&Per Diem:
15 Travel/Hotel/Per Diem 5 Night X 2 Techs @ 150 Per Night 1.00 $2,970.00 $2,970.00 5 Days X 2 Techs @ 70 Per Day
11 of 11 6 Hours of Travel @ 150
Minor Construction Services Agreement(Rev.4/21/2022) Corporate Headquarters 29399 Agoura Road,Suite 103 1 Agoura Hills,CA 913011
Council Agenda 8-20-2024 9.F-20

Attachment 2
0Description QtY Price
Section# 4.Labor
16 Lift Fee Lift Fee 1.00 $2,500.00 $2,500.00 T -miner N.— City of Pi: aeem
mnaaaNaTe P.H.
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rea by: orlanao menaez Device Layout vivs •• mydwm o.ze. N/03/224
15 8
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8 14
15 15
12 e
12 5 13 13
15 � z
Notes °
Project Notes:

AIL hours quoted are Monday-Friday 9AM-5PM during regular business hours ,3 SOV excludes all patching,painting,bonds,and permits
Any change to the scope of the project may alter the project price and schedule City of Pismo Beach to provide network switches with POE for all camera power and patch panel City to provide CAT-6 runs for all required cameras
*payment for equipment is due upon delivery to SOV for programming.Labor is due upon completion.

ND California Notice:

Certified Quote is valid for 60 days.Prices are Subtotal: $98,806.81 subject to change without notice.This is Sales Tax: CA-Los An eles-Pism $6,217.29 Small Business only an estimate.Taxes,freight and g
a� #05716 miscellaneous charges are estimates. Total: $105,024.10 Corprate Headquarters
29399 Agoura Road,Suite 1P
Council Agenda 8-20-2024 9.F-21

Attachment 2
S V Quotation
your business security solution Quote# 1060A1-0
www.sovsecurity.com
Date: 5/2 112 0 2 4
Sales Person: Brian Levy
City of Pismo Beach City of Pismo Beach Terms: See Below' Attn: Jason Takagi Attn: Jason Takagi Customer Ref: J Takagi 760 Mat tie Road 585 Doliver Road page(s): 1 of 2 Pismo Beach,CA 93449 Pismo Beach CA 93449
f City of Pismo Beach Police Annex Access Control Description Oty
Section# 1.Door Hardware
Symmetry Blue 939F-KP Wallswitch Reader with
$ 1 Keypad Reader 939-KP Keypad-Black-for Bluetooth/LF/HF-F2F 6.00 $594.75 $3,568.50 T e tg € s
1 t 3 ) 2 Door Contacts 3/4"Door Recessed Switch Set,Standard Gap 6.00 $7.65 $45.90 T 3 Request-to-Exit Request to Exit Sensor 6.00 $97.50 $585.00 T Section# 2.Communication Hardware
Belden,Composite-Lock Power,Card Reader,Door
4 ACS Banana Cable Contract,REX Applications 4C1 8+4C22+3P22+2C22 1.00 $1,582.50 $1,582.50 T Shi
Section# 3.System Mgmt&Display
5 PS902 BBK 900.4RL Von Duprin PS902 BBK 900 4RL 2A Power Supply 6.00 $1,039.38 $6,236.28 T AMAG Symmetry M2150 8DBC 8 Reader RackMount
6 Rack Mount 8DBC Cont Kit-Includes 8DBC Panel(20K),Power Supply,21.1 19" 1.00 $3,583.13 $3,583.13 T RAK3
Section# 4.Labor
7 AMAG Pro Reader Licen Symmetry Professional 8 Reader License Add-on 1.00 $361.73 $361.73 T 8 ACS Labor Setup/Installation 156.00 $150.00 $23,400.00 T Corporate Headquarters
29399 Agoura Road,Suite 103 1 Agoura Hills,CA 913011
Council Agenda 8-20-2024 9.F-22

Attachment 2
Customer Name: City of Pismo Beach
Job Address:

Project Description: Police Annex 0 V
,
Prepared by: Orlando Mendez Device Layout ACS
Date: 04/03/224 your business security solution Main Building
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Notes 8
Project Notes:

All hours quoted are Monday-Friday 9AM-5PM during regular business hours SOV excludes all patching,painting,bonds,and permits
Any change to the scope of the project may alter the project price and schedule City of Pismo Beach to provide network switches with POE for all controllers City to provide access control banana cable for Door Furniture and Readers per job walk discussion *payment for equipment is due upon delivery to SOV for programming.Labor is due upon completion.

ND California Notice:

Certified Quote is valid for 60 days.Prices are Subtotal: $39,363.03 subject to change without notice.This is Sales Tax: CA-Los An eles-Pism $3,050.64 Small Business only an estimate.Taxes,freight and g
g� #05716 miscellaneous charges are estimates. Total: $42,413.67 Corprate Headquarters
29399 Agoura Road,Suite i•
Council Agenda 8-20-2024 9.F-23

Attachment 2
Customer Name: City of Pismo Beach
Job Address:Project D escription Police Annex Device Layout ACS S 0 V J! "I J Prepared Orlando Mendez soluUon
Date: 04/03/224 you,businesssemnty
Garage Site
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Council Agenda 8-20-2024 9.F-24

Pismo Beach City CouncilAugust 20, 2024

Pismo Beach City Council
August 20, 2024