PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.G
Meeting Date: April 15, 2025
TITLE:
Agreement with Moffatt & Nichol for Inspection of the Pismo Pier, Cypress Street Bridge, and Pedestrian Bridges; Related Budget Adjustments RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with Moffatt & Nichol in the amount of $260,838 for inspection of the Pismo Pier, Cypress Street Bridge, and Pedestrian Bridges, and appropriating related budget adjustments in Fiscal Year 2025.
DISCUSSION:
The Pismo Pier is an iconic structure that is used by the public for fishing and other recreational purposes. It is a popular venue for events and ceremonies for residents and visitors and is a symbol of Pismo Beach and its Classic California culture. The Pier, in its current location, was originally constructed in 1924 and reconstructed in 1984 and most recently in 2018. The structural components of the Pier are due for an underwater and above-water inspection to properly assess the condition of the structure.
In addition to the Pier, there are several bridges that require inspection. The Cypress Street Bridge was originally constructed in 1913 and has been opened and closed to vehicular traffic several times over the years. Most recently, the bridge was rehabilitated in 2006 and reopened to traffic. The Dolliver Street Pedestrian Bridge, originally constructed in 1980, is located west and downstream of the Highway 1 vehicular bridge.
The Shore Cliff Pedestrian Bridge was constructed in 2019 connecting bluff trails between the hotels located at 2555 Price Street and 2411 Price Street.
On February 20, 2025 staff issued a formal Request for Proposals (RFP) for engineering services to conduct an underwater and above-water inspection of the entire Pismo Pier structure and inspections of the Cypress Street Bridge, Dolliver Street Pedestrian Bridge, and Shore Cliff Pedestrian Bridge. On March 13, 2025 two proposals were received and were evaluated by a review panel. Moffatt & Nichol (M&N) was determined to be the most qualified and has been selected to perform the work.
Conclusion and Recommendation
Staff recommends the Council adopt a resolution (Attachment 1) authorizing the City Manager to enter into a Professional Services Agreement (Attachment 2) with M&N in the amount of $260,838 for inspection of the Pismo Pier, Cypress Street Bridge, and Pedestrian Bridges.
FISCAL IMPACT:
The fiscal impact of adopting the attached resolution is an additional cost of $260,838 in the General Fund. The Fiscal Year (FY) 2025 budget includes $259,673 for completion of the project. In order to cover the budget shortfall, staff recommends transferring $1,399 Council Agenda 4-15-2025 9.G-1
from the General Fund general contingency account to the General Fund Cypress Dolliver Bridge and Pier Inspection project professional services account support the inspection services. The estimated project costs are shown in Table 1 below.
Table 1. FY 2025 Project Funding
Description Amount
Available Project Budget $259,439
M&N Contract Cost $260,838
Budget Surplus / (Shortfall)($1,399)
ATTACHMENTS:
1. Resolution
2. M&N Professional Services Agreement
Prepared by:
Erin Olsen, Senior Management Analyst
Submitted by: Rosemarie R. Gaglione, PE, Director of Public Works City Manager Approval:
Council Agenda 4-15-2025 9.G-2
RESOLUTION NO. R-2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT WITH MOFFATT & NICHOL IN THE AMOUNT OF $260,838 FOR INSPECTION OF THE PISMO PIER, CYPRESS STREET
BRIDGE, AND PEDESTRIAN BRIDGES, AND APPROPRIATING RELATED BUDGET ADJUSTMENTS IN FISCAL YEAR 2025
WHEREAS, the iconic Pismo Pier was originally constructed in 1924 and reconstructed in 1984 and most recently in 2018; and
WHEREAS, the structural components of the pier are due for an underwater and above water inspection; and
WHEREAS, the Cypress Street Bridge, Dolliver Street Pedestrian Bridge, and Shore Cliff Pedestrian Bridge are also due for inspection; and
WHEREAS, staff issued a formal Request for Proposals for the pier and bridge inspections and received two proposals on March 13, 2025; and WHEREAS, after evaluation by a review panel Moffatt & Nichol was determined to be the most qualified and selected to perform the work.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a Professional Services Agreement, in substantially the form attached to staff’s report dated April 15, 2025, with Moffatt & Nichol in the amount of $260,838 for inspection of the Pismo Pier, Cypress Street Bridge and Pedestrian Bridges.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $1,399 in the General Fund Cypress Dolliver Bridge and Pier Inspection project professional services account and de-appropriates $1,399 in the General Fund general contingency account in Fiscal Year 2025.
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 15th day of April 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Council Agenda 4-15-2025 9.G-3
Attachment 1
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand on _______________________. ________________________
Erica Inderlied, City Clerk
Council Agenda 4-15-2025 9.G-4
Attachment 1
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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 Moffatt & Nichol (“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:
Inspection of the Pier Pier, Cypress Street Bridge, Dolliver Pedestrian Bridge and Shore Cliff Pedestrian Bridge
VENDOR represents and warrants that it is qualified to perform those services.
AGREEMENT:
I. SERVICES TO BE PERFORMED BY VENDOR
VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A.
VENDOR warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner in accordance with that level of skill and care ordinarily exercised by reputable professional firms performing similar services under similar circumstances. 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. 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 December 31, 2025. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional one (1) year period, or longer as the parties agree in writing.
III.COMPENSATION
A.VENDOR’s Fee
For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of two hundred sixty thousand eight hundred thirty-eight dollars ($260,838), unless otherwise first approved in writing by CITY. Should this 2 of 12
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AGREEMENT be extended pursuant to Section II, VENDOR’s fee may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.
B. Schedule of Payment
VENDOR will submit invoices monthly for actual services performed and associated expenses.
Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If CITY disputes any of VENDOR’s fees it shall give written notice to VENDOR within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefor.
IV. TERMINATION OF AGREEMENT
A. CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon VENDOR at least ten (10) days' prior written notice. Upon receipt of said notice, VENDOR shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT, such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.
B. In the event this AGREEMENT is terminated pursuant to this Section, CITY shall pay to VENDOR the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this Section, VENDOR will submit an invoice to CITY pursuant to Section III.
V.FORCE MAJEURE
If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, "acts of God," inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused for a period equal to the period of such cause for failure to perform.
VI.RETENTION OF FUNDS
VENDOR authorizes CITY to deduct from any amount payable to VENDOR (whether or not arising out of this AGREEMENT) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of VENDOR’s acts or omissions in performing or failing to perform VENDOR’s obligations under this AGREEMENT. In the event that any claim is made by a third party, the amount or validity of which is disputed by VENDOR, or any indebtedness exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of VENDOR to insure, indemnify, and protect CITY as elsewhere provided in this AGREEMENT.
Council Agenda 4-15-2025 9.G-5
Attachment 2
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Vendor Agreement (Rev. 2/2/2018)
VII. CITY REPRESENTATIVE
The Senior Engineer 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.
Council Agenda 4-15-2025 9.G-6
Attachment 2
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C. Design Professional Services:
In the event VENDOR is a "design professional," and the Scope of Services require VENDOR to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) VENDOR shall indemnify, defend and hold harmless CITY and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of VENDOR, except to the extent caused by the sole negligence, active negligence or willful misconduct of CITY. Negligence, recklessness or willful misconduct of any subcontractor employed by VENDOR shall be conclusively deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately corrected by VENDOR. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to VENDOR under this paragraph exceed VENDOR’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, VENDOR shall meet and confer with other parties regarding unpaid defense costs.
D. Payment by CITY is not a condition precedent to enforcement of the indemnities in paragraph A, B, or C. In the event of any dispute between VENDOR and CITY, as to whether liability arises from the active negligence, sole negligence or willful misconduct of CITY or its officers, employees, or agents, VENDOR will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, VENDOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 13 shall survive completion of VENDOR’s services or the termination of this AGREEMENT.
XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the event of any default or breach by CITY or for any amount that may become due to VENDOR.
XV.INSURANCE
A. Without limiting VENDOR’s indemnification of CITY, and prior to commencement of the Scope of Services, VENDOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.
1. General liability insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. 6 of 12
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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 Council Agenda 4-15-2025 9.G-7
Attachment 2
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CITY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, CITY may terminate this AGREEMENT as provided in paragraph IV.
5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY’s Risk Manager.
6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall include in the policy coverage, or be endorsed to waive subrogation against CITY, its elected or appointed officials, agents, officers, employees, and volunteers or shall specifically allow VENDOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. VENDOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
7. Enforcement of contract provisions (non-estoppel). VENDOR acknowledges and agrees that any actual or alleged failure on the part of CITY to inform VENDOR of non- compliance with any requirement imposes no additional obligations on CITY nor does it waive any rights hereunder.
8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If VENDOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.
9. Notice of cancellation. VENDOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. In the event VENDOR’s policy of insurance cannot be endorsed to provide this notice of cancellation, VENDOR shall provide CITY notice of such cancellation, in writing, not later than 24 hours following the effective time of such cancellation.
10. Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Each such insurance policy shall contain language substantially similar to the following clause:
"The City of Pismo Beach, its elected and appointed officials, officers, employees, and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Pismo Beach." CITY need not be named as an additional insured on professional liability insurance policies.
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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 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 Council Agenda 4-15-2025 9.G-8
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AGREEMENT, unless such requirement is waived in writing by CITY's Risk Manager as provided in paragraph XXV below.
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.
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Vendor Agreement (Rev. 2/2/2018)
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.
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.
Council Agenda 4-15-2025 9.G-9
Attachment 2
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Vendor Agreement (Rev. 2/2/2018)
XXVI.ATTORNEY’S FEES
Except as provided for in paragraph XV, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this AGREEMENT (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this AGREEMENT, the prevailing party will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the 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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Vendor Agreement (Rev. 2/2/2018)
CITY:
City of Pismo Beach, a Municipal Corporation
Signed:
Name: Rosemarie R. Gaglione, PE
Title: Director of Public Works
Dated: ________________________________
Signed:
Name: Jorge E. Garcia
Title: City Manager
Dated: ________________________________
Address for giving notice (See Section XVIII):
760 Mattie Road, Pismo Beach, CA 93449
ATTEST:
Signed:
Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: David M. Fleishman
Title: City Attorney
VENDOR:
Moffatt & Nichol
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
Council Agenda 4-15-2025 9.G-10
Attachment 2
City of Pismo Beach | Inspection of the Pismo Pier, Cypress Street Bridge, and Pedestrian Bridges | 21 P250550 Proposed Methodologies
Scope of Work
Task 1: Project Management and Pre-Field Work
M&N will provide project management services for the entire project duration, including preparing monthly invoices and monthly progress reports. We will also implement quality control procedures and prepare a Project Work Plan in
accordance with the M&N Quality Management Standard.
The Project Work Plan will summarize project vision and success factors, team organization with contact information, the communication plan, contract obligations, budget management strategies, technical delivery schedule, quality procedures, and document management. M&N will implement quality control checks for each deliverable milestone throughout the project. This task will also include general project planning and coordination prior to conducting the on-site investigations. Task activities will include:
Kick-Off Meeting: M&N will schedule a virtual kick-off meeting with key project staff and the City. The purpose of the meeting will be to summarize project opportunities and goals, project schedule, deliverables, and establish the effort required during the inspections.
Data Review: M&N inspection staff will review existing data for the Pismo Pier and three bridges. The existing data is anticipated to include record drawings, previous inspection and maintenance records, previous reports, and work history.
Develop Project Safety Plan: Before the site inspections, we will prepare a customized Project Safety Plan for the Pismo Pier and three bridges that will include:
• Activity Hazards Analyses, including underwater and above-water inspections. • Dive Operations Plan, including site-specific above-water and underwater inspection emergency management plan, safety plan, and emergency contact list.
• Emergency Management Plan.
• Analyzing all aspects of the field investigations and mitigating risks will by M&N’s safety officers, following M&N’s Health Safety & Environment Manual and Safe Diving Practice Manual.
Task 1 Deliverables
• Monthly invoices and progress reports
• Meeting agendas and minutes
• Pismo Pier Inspection Safety Plan
• Cypress Street Bridge Inspection Safety Plan
• Dolliver Street Pedestrian Bridge Inspection Safety Plan • Shore Cliff Pedestrian Bridge Inspection Safety Plan
Task 2: Pismo Pier Inspection and Reporting
Task 2.1: Pismo Pier Underwater Inspection
The underwater pier inspection will be conducted primarily from a truck-borne mobile surface-supplied air dive
station, including a plumbed air supply and hard-wired
communications. The truck will be located on the pier in the vicinity of the divers, and a ladder will be temporarily rigged to the pier to facilitate diver entry and retrieval. The dive team maintains the ability to demobilize the dive station from the truck and conduct the dive from the shore, as necessitated by environment and conditions. ([KLELW$
Council Agenda 4-15-2025 9.G-11
Attachment 2
City of Pismo Beach | Inspection of the Pismo Pier, Cypress Street Bridge, and Pedestrian Bridges | 22 P250550 Most of the inspection will be conducted using surface-supplied air diving equipment, with the option of switching to commercial scuba equipment in surf zones, or as otherwise determined by the dive team, to facilitate safety and thoroughness. The underwater inspection will include all submerged elements extending from the mudline up to an elevation of three feet above Mean Lower Low Water (MLLW). Tide predictions indicate tidal swings of as much as 8 feet in this region. Therefore, careful coordination between the underwater inspection team and the above-water inspection team will maintain 100% coverage of the structure.
The underwater inspection team will capitalize on low-tide and high-tide windows for various advantages throughout the structure, including low tides for greater visibility and high tides for greater access. It is assumed unforeseeable delays due to weather or environmental factors that may affect inspection safety may require additional effort and are not considered part of this proposal. Our inspection team will perform the underwater inspection in a manner that environmental and wave conditions will safely allow. Inspection services per ASCE Manual of Practice 130 to include:
• Level I: Visual inspection of 100% of the accessible submerged structural units (SSUs) from the mudline to the water surface without removing marine growth. This level of inspection detects major damage or deterioration and confirms continuity of components. The Level I inspection will be documented with helmet-mounted color video and still photography. At a minimum, 25% of the Level I inspection will be conducted by a Professional Engineer registered in the State of California. • Level II: A level II inspection will be conducted for 10% of the pier’s underwater piles. It includes partial marine growth removal on 12-inch-wide bands at mudline, mid-depth (as water depths allow), and water surface of the SSUs. At each location, the pile will be measured for remaining diameter. The Level II inspections will be conducted concurrently with the Level I inspections, and documented similarly with helmet-mounted video and still photography. Level II inspection locations will be selected on-site to document typical conditions and perform more-thorough investigation at locations suspected of having more significant damage or deterioration. • Level III: A Level III inspection will be conducted at 5% of the piles to coincide with Level II inspection locations. Level III inspections will utilize an underwater ultrasonic thickness gauge for steel elements. For timber elements, the inspectors will be equipped with and ready to use an incremental borer and treated plugs. However, we strongly recommend using an underwater resistograph. This Level III inspection method carries two significant advantages: First, it provides quantifiable data regarding the locations of any voids due to decay or timber borer activity, as opposed to the qualitative observations made from core examination. Secondly, it is much less invasive, using a needle approximately 2mm in diameter, as opposed to the 6mm diameter hole resulting from an incremental borer.
Task 2.2: Pismo Pier Above-Water Inspection
The visual inspection of the above-water pier portion will be conducted to inspect all accessible components and assess their existing conditions.
The inspection will include the existing pier substructure, including piles, pile caps, pile wraps, stringers, decking, and connections between members. Deck-mounted pier appurtenances, such as railings, light poles, and benches, will be observed for general deficiencies.
Pipelines and utility conduits will be visually inspected for general deficiencies. It is anticipated public pier access will be maintained during the inspection, with proper traffic control measures.
Above-water but below-deck inspection will be performed by a combination of an under bridge access platform (snooper), a small skiff, and free swimmers, as necessary. Representative photographs will be taken of major defects and of typical frequent or widespread lesser defects.
Council Agenda 4-15-2025 9.G-12
Attachment 2
City of Pismo Beach | Inspection of the Pismo Pier, Cypress Street Bridge, and Pedestrian Bridges | 23 P250550 Task 2.3: Pismo Pier Inspection Report
and Engineering Assessment
M&N will prepare a compiled above-water and underwater
condition assessment report that contains a clear narrative, accurate figures, photos, identified deficiencies, and supporting documentation. The assessment report will include an overall pier condition evaluation and assign ratings to individual pier elements, based on ASCE criteria. The assessment report will also include recommendations for repair or remediation work to address noted deficiencies. Deficiencies will be itemized for:
• The short-term (immediate to one year).
• Mid-term (two to five years).
• Long-term (five-10+ years) directives.
The objective is to develop a maintenance plan to rehabilitate critical pier elements in accordance with the City’s planned capital improvements program.
Task 2 Deliverables
• Pismo Pier Inspection Report and Engineering Assessment (draft and final) Task 3: Bridge Inspections and Reporting
The objective of this task is to conduct an on-site evaluation of structural conditions, assess damage and deterioration, and document findings for the Cypress Street Bridge, Dolliver Street Pedestrian Bridge, and Shore Cliff Pedestrian Bridge. The inspections will be performed in accordance with the NBIS and the Caltrans Bridge Element Inspection Manual. The effort will be led by Jonathan Chapman, a former Caltrans Bridge Inspector. Inspections will include above-water and underwater visual assessments and a comprehensive condition evaluation of the existing bridge elements and attachments.
Task 3.1: Bridge Underwater Inspections
Underwater inspections will be performed for the Cypress Street Bridge and the Dolliver Street Pedestrian Bridge. The inspections will be conducted by establishing a dive station on the shore adjacent to each bridge. While the final location will be determined on-site, initial assessments indicate Mary Herrington Park will provide a good dive station location for both bridges.
Public access to the bridges and park will be maintained during inspections.
The inspection will observe, measure, and inspect the underwater members for section loss, marine growth, timber decay, marine borer attacks, and any other noted damage. We will measure water depths, local scour, and footing undermining and compare them to the as-built drawing elevations. Photographs will be taken at major defect locations and at frequent or widespread lesser defects for SSUs. If the water quality is poor, a clear water box will provide good pictures. We will assess rock revetment embankment conditions, riprap or other scour countermeasures, and the intermediate piers. Our inspection services will be performed according to ASCE Manual 130 and the NBIS, and will include:
• Level I: Visual inspection of 100% of the accessible SSUs from the mudline to the water surface without removing marine growth. This level of inspection will detect major damage or deterioration and confirm continuity of components. • Level II: A level II inspection will be conducted for 10% of each bridge’s underwater piles. This includes partial marine growth removal on 12-inch-wide bands at mudline, mid-depth, and water surface of the SSUs. • Level III: A Level III inspection will be conducted at 5% of the piles to coincide with Level II inspection locations. Level III inspections will be conducted using an underwater resistograph. The underwater resistograph will provide quantifiable data regarding the locations of any voids due to decay or timber borer activity. The team will coordinate with the City’s project manager before conducting Level III inspections, to establish location, necessity, and if a greater level of testing is required.
The underwater inspection team and the above-water inspection team will coordinate on above-water portions of the substructure units to ensure each substructure unit is completely inspected from the mudline to the top of the cap.
Council Agenda 4-15-2025 9.G-13
Attachment 2
City of Pismo Beach | Inspection of the Pismo Pier, Cypress Street Bridge, and Pedestrian Bridges | 24 P250550 Task 3.2: Bridge Above-Water Inspections
The bridge inspections will be conducted in accordance with the Caltrans Bridge Element Inspection Manual. Accordingly, each bridge element will be categorized and assessed
according to its element number. The above-water bridge inspections will assess the structural components, including piles, piers, pier caps, cross bracing, stringers, decking, and railing. We will conduct a visual inspection of these elements and, where feasible, use probing techniques to identify cracks and signs of deterioration. It is assumed the City will grant unrestricted access to the site.
• A hammer will be used to sound structural members to detect voids and any non-visible degradation. • GoPro video cameras will assist in examining hard-to-reach areas, such as the underside of the bridge. • If certain locations are inaccessible due to safety concerns, we will document which bridge portions were not inspected and provide justification.
The bridge decks will be inspected on foot. The undersides of the Dolliver Street Pedestrian Bridge and Cypress Street Bridge will be examined using a boat and by wading into Pismo Creek. For the Shore Cliff Pedestrian Bridge, a GoPro camera will be lowered over the railing to capture still photos and videos. Additionally, the inspection team will walk to the base of the piers and assess the underside of the bridge with binoculars. Jonathan Chapman will climb the piers with a climbing harness for an up-close inspection of the steel girders and steel girder hinges. Therefore, we do not anticipate the need for a snooper nor manlift for these bridge inspections, which will result in cost savings for the City.
The two pedestrian bridges will be assessed for slip, trip, and fall potential, in accordance with Caltrans (DIB 82-06) and ADA documents. Although Caltrans DIB 82-06 is generally used for new construction, it is a good reference when evaluating existing structures for ADA compliance. Field notes, measurements, photographs, and video recordings will be used to help document the investigation findings. The bridge inspection will include:
• Photographs and Video: We will take overall photographs of each bridge, capturing side and approach views to the best extent possible. General photographs will be taken of the surrounding environment, such as upstream and downstream photographs. Detailed photographs will be taken to document structural or functional deficiencies or damage. GoPro video cameras will assist in observing hard-to-reach bridge components. • Bridge Geometry and Measurements: We will document overall bridge dimensions, including, but are not limited to, overall length, overall width, superstructure depth, clear width, freeboard, and railing height. • General Observations: The inspection will include assessing the bridge’s surroundings and condition. Observations will include overhead utilities, utilities carried by the bridge, structure age, manufacturer details, weight limits, type and condition of safety devices, and approach and transition conditions. • Detailed Inspection: The bridge condition will be visually and tactilely inspected. We will inspect the superstructure and substructure for signs of distress and note defects accordingly.
Task 3.3: Bridge Inspection Reports
For each bridge, M&N will compile findings from the field investigation and prepare a Draft Bridge Inspection Report that documents the condition of each bridge element. These reports will be prepared in the style of a Caltrans inspection report and will include the following information:
• Structure name and location
• Construction information
• Design live load
• Load posting information
• Description above structure
• Description under structure
• Limitations and assumptions
• Riprap assessments at
abutments and intermediate
piers
• Measurements of all local scour and
undermining of footings, concrete
walls, or around piles by width,
length, and depth - Water depth will
be measured at each substructure
element and compared to scour
elevations from the record drawings
• Identifying stream bed material
• Inspection commentary categorized
by bridge component
• Condition assessment of each
bridge element and a tabulation,
including quantity, of defects
• Recommendations for future
inspection work, routine
maintenance, and repairs.
• Photographs (overall and
deficiency specific)
• Reference drawings or other
information, if applicable
Council Agenda 4-15-2025 9.G-14
Attachment 2
City of Pismo Beach | Inspection of the Pismo Pier, Cypress Street Bridge, and Pedestrian Bridges | 25 P250550 Each Draft Bridge Inspection Report will be submitted to the City for review. Upon review by the City, we will address comments, update the reports, and submit final stamped Bridge Inspection Reports to the City.
Task 3 Deliverables
• Cypress Street Bridge Inspection Report and Engineering Assessment (draft and final) • Dolliver Street Pedestrian Bridge Inspection Report and Engineering Assessment (draft and final) • Shore Cliff Pedestrian Bridge Inspection Report and Engineering Assessment (draft and final) Task 4: Cypress Street Bridge Load Rating
According to current guidance for bridge load ratings,
the Cypress Street Bridge will be load rated for vertical loads using the AASHTO Manual for Bridge Evaluation, Third Edition. Supplemental design guidance may be taken
from the Caltrans SM&I Load Rating Manual, Second Edition and the AASHTO LRFD Bridge Design Specifications, 8th Edition with Caltrans amendments. The load rating will be based on existing structural conditions, material properties, loads, and traffic conditions at the bridge site. Procedures for computing load ratings of timber and steel bridges are based on the assumptions that original materials and construction are good quality.
The superstructure is expected to govern the load ratings, unless significant substructure deterioration is identified. Typically, substructure elements, such as pier caps, abutments, and columns, are not analyzed for load capacity. However, if the field investigation reveals serious deficiencies in these elements, the City will be notified and the project scope and fee can be revised to include a substructure evaluation. The bridge will be load rated for the following vehicles:
• LRFD Design Vehicle (HL-93)
• AASHTO Type 3 Unit (25 Tons)
Task 4 Deliverables
• Cypress Street Bridge load rating calculations with load posting recommendations Assumptions and Exclusions
• Project management services are based on a four-month project duration. • All deliverables will be submitted electronically.
• Inspection work will begin within 30 days of NTP, provided good weather conditions allow. M&N will monitor the 10-day forecast and schedule the inspections during a window with favorable weather, wave conditions, and tides. Unforeseeable delays due to weather or environmental factors that may affect inspection safety may require additional effort. • M&N inspectors will only need to mobilize once.
• M&N will be permitted to drive our dive truck onto the pier to set up a dive station and conduct diving operations. Similarly, M&N will be allowed to drive a snooper onto the pier (approximate weight of 17,000 lbs). • M&N will be permitted to close portions of the pier (up to 25% at a time) to recreational fishing to ensure diver safety. • The M&N dive team will have uninhibited access to the piles, e.g. no vessels will be moored to the pier during the inspection. • No permitting is required. If permits are needed, they will be secured by the City and at the City’s expense. • The City will provide full access to the Cypress Street, Dolliver Street Pedestrian, and Shore Cliff Pedestrian Bridges. • No special equipment or vehicles are proposed beyond those explicitly identified by this proposal. • Outside testing services are not included.
• A structural analysis will not be required for the condition assessment of the pier nor the three bridges. • The City will provide a location at the foot of the Pismo Pier for storing the snooper and related equipment while not in use during the course of the inspection effort.
• No repair drawings are to be provided.
• AASHTO Type 3S2 Unit (36 Tons)
• AASHTO Type 3-3 Unit (40 Tons)
Council Agenda 4-15-2025 9.G-15
Attachment 2
City of Pismo Beach | Inspection of the Pismo Pier, Cypress Street Bridge, and Pedestrian Bridges P250550 Fee Proposal - Breakdown of Costs
Our fee is presented in a “time and material, not to exceed” basis and includes all items described in the scope of work.
The fee proposal is based upon the tasks to be performed and reimbursable direct costs. Our total fee proposal is $260,838.
Task 1 - Project Management and Pre-Field Work
Meetings, schedule, invoicing 8 24 --------------------------------------------------16 48 $13,616 -----$13,616 Data review and inspection -----2 -----4 8 4 8 8 -------------------------34 $8,700 -----$8,700 Prepare safety plans ---------------5 1 -----1 20 -------------------------27 $6,156 -----$6,156 Mobilization/Demobilization ---------------16 ---------------8 8 16 ---------------48 $11,864 $2,000 $13,864 Quality assurance and control ----------20 --------------------------------------------------20 $6,620 -----$6,620 Task 1 Total Hours 8 26 20 25 9 4 9 36 8 16 ----------16 177 $46,956 $2,000 $48,956 Names and Classifications
Brad Porter
Principal
Engineer
Garrett Dekker
Supervisory
Engineer
Heidi Kuntz
Senior
Engineer
Jonathan
Chapman
Engineer III
Sean Hart
Engineer III
Ankit
Bhargava
Engineer I
Justin Estrada
Staff Engineer
Louis Baeza
Staff Engineer
Underwater
Diver
Engineer I
Underwater
Diver
Staff Engineer
TBD
Engineer III
TBD
Staff Engineer
Dan Wedeking
Project
Administrator
Total
Hours
Labor
Cost
Direct
Expenses
Total
Cost
Billing Rate $368 $352 $331 $312 $312 $247 $204 $204 $247 $204 $274 $204 $139 Task 2 - Pismo Pier Inspection and Reporting
2.1 Underwater inspection ---------------40 ---------------40 40 40 ---------------160 $38,680 $12,041 $50,721
2.2 Above-water inspection ---------------16 30 -----30 ------------------------------76 $20,472 $13,859 $34,331
2.3 Inspection report and
engineering assessment
(draft and final)
8 ----------16 16 -----96 --------------------40 -----176 $40,672 -----$40,672 Task 2 Total Hours 8 ----------72 46 -----126 40 40 40 -----40 -----412 $99,824 $25,901 $125,725 Task 3 - Bridge Inspections and Reporting
3.1 Underwater inspections ---------------10 ---------------10 10 10 ---------------40 $9,670 $3.001 $12,671
3.2 Above-water inspections -----18 -----18 ---------------------------------------------36 $11,952 $1,539 $13,491
3.3 Inspection reports
(draft and final)6 18 -----0 -----102 -----------------------------------126 $33,738 -----$33,738 Task 3 Total Hours 6 36 -----28 -----102 -----10 10 10 ---------------202 $55,360 $4,541 $59,901 Task 4 - Cypress Street Bridge Load Rating
Draft and final calculationss -----6 ---------------80 --------------------16 ----------102 $26,256 -----$26,256 Task 4 Total Hours -----6 ---------------80 --------------------16 ----------102 $26,256 -----$26,256 TOTAL PROJECT 22 68 20 125 55 186 135 86 58 66 16 40 16 893 $228,396 $32,442 $260,838 Exhibit B
Council Agenda 4-15-2025 9.G-16
Attachment 2
City of Pismo Beach | Inspection of the Pismo Pier, Cypress Street Bridge, and Pedestrian Bridges P250550 Description of Item Quantity Unit Unit Cost Total Cost
Airfare 2 Each $1,000 $2,000
Meals per diem 40.5 Day $86 $3,483
Lodging 37 Day $163 $6,031
SSA dive station with truck 6 Day $700 $4,200
Topside equipment with truck 6 Day $275 $1,650
Underwater resistograph 6 Day $350 $2,100
Undewater video 6 Day $100 $600
Ultrasonic thickness gauge 6 Day $50 $300
Non-destructive testing equipment 6 Day $150 $900
Rental car 1 Lump sum $600 $600
Vehicle mileage 968 Mileage $0.70 $678
Inspection skiff 6 Day $150 $900
Snooper 1 Lump sum $9,000 $9,000
TOTAL $32,442
Fee Proposal - Schedule of Direct Costs
Council Agenda 4-15-2025 9.G-17
Attachment 2