Agenda packet — Pismo Beach City Council, October 21, 2025 (part 1 of 2)

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AGENDA
Pismo Beach City Council
Tuesday, October 21, 2025
Time Meeting Type Physical Location Virtual Viewing Option 5:30 p.m. Regular Meeting 1 2 Council Chamber, City Hall https://us02web.zoom.us/j/84823715585 1 Live virtual viewing is offered via Zoom.
2 Broadcast meeting also available for viewing on cable Channel 20 and online at pismobeach.org/agenda.

0.MEETING INSTRUCTIONS:

This meeting is being conducted in a hybrid format with both in-person and virtual options. Ways to watch this meeting and submit public comment are provided below.

Watch and participate in person:
•Visit the Council Chamber at City Hall, 760 Mattie Road, Pismo Beach, CA 93449. •To make public comment, please submit an optional blue “speaker slip” to staff; the Mayor will ask you to approach the lectern to speak during the public comment period on your item of interest.

Watch via Zoom:
•Click this link on any computer or mobile device: https://us02web.zoom.us/j/84823715585 . This URL may also be typed into a web browser.

Listen via telephone:
•Call 1-669-900-6833 to join by telephone audio only. Enter Meeting ID 848 2371 5585 when prompted.

Watch online:
•Visit www.pismobeach.org/agenda and scroll to “Upcoming Events.” When the live broadcast begins, an “In Progress” link will appear; click this link to watch the livestream. A recording of the meeting will be available on demand shortly after the meeting ends.

Watch on Channel 20:
•Tune to local cable channel 20 in Pismo Beach; the meeting will be broadcast live. Meetings are also replayed at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day the following week.

Submit written comment prior to, or during, the meeting:
•In advance of the meeting, written comments may be emailed to [email protected] or mailed or delivered to the City Clerk’s Office, 760 Mattie Road, Pismo Beach, CA 93449. During the Regular Meeting no later than the start of the comment period for your item of interest, written comment may be hand-delivered to staff in the Council Chamber. Emails and other written comment submitted after the start of the meeting may not be fully considered prior to any action taken on the item.

Submit voicemail comment:
•Call 805-773-7005 and leave a voicemail before the meeting. Voicemails submitted after the start of the meeting may not be fully considered prior to any action taken on the item. This automated voicemail line will not be answered or monitored for other purposes.

Please note:
•In the event a Council Member participates in this meeting by teleconference under the provisions of Government Code Section 54953(f), public comment will be accepted via Zoom, including by telephone audio, as required by law. However, the timing of a request by a Council Member to participate remotely may not allow sufficient time to post an agenda containing information on how the public may participate via Zoom or telephone. In such instances, the City Clerk or another staff member will orally provide such information at the meeting.
•Meetings may begin a few minutes after the scheduled start time. •Meetings will be recorded, except closed sessions; these recordings are public record. •Phone numbers of call-in attendees may be visible to other meeting attendees, or in meeting recordings. •Phone numbers of voicemail commenters may be visible in the public record along with transcripts.

Please contact City Clerk Erica Inderlied at [email protected] with questions.

Council Agenda 10-21-2025

Pismo Beach City Council Agenda October 21, 2025

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Regular Meeting—5:30 p.m.

Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449 CALL TO ORDER: Mayor Waage

1.ROLL CALL:

Mayor: Waage
Mayor Pro Tem: Reiss
Council Members: Guthrie, Inman, Newton

2.PLEDGE OF ALLEGIANCE

3.ACCEPTANCE OF AGENDA

4.PRESENTATIONS
None.

5.PUBLIC COMMENT PERIOD
At this time, members of the public may comment on any item NOT appearing on the agenda. For items appearing on the agenda, including the Consent Calendar, the public will be invited to make comments during Council consideration of the item. In accordance with state law, matters raised as part of this comment period cannot be discussed or acted upon by the City Council at this time.

However, in response to a matter raised as part of this comment period, the Council may, during Item 13, City Council Comments and Requests, direct staff to assist a speaker, or schedule the matter for consideration on a future agenda.

Please adhere to the following procedures when addressing the Council:
•Please limit your comments to 3 minutes or less.
•Unduly disruptive behavior will not be permitted.

Documents submitted to the Council become public record unless otherwise exempt from disclosure.

6.CITY MANAGER’S REPORT - No action to be taken

7.CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT - No action to be taken

8.COUNCIL COMMITTEE REPORTS

1.Air Pollution Control District, SLO County (Newton/Reiss)

2.California Joint Powers Insurance Authority (Reiss/Inman)

3.CAPSLO (Reiss)

4.Central Coast Blue Regional Recycled Water Authority
(Waage/Guthrie)

5.Chapman Estate Foundation (Liaison) (Reiss)

6.Coastal Cities Group, League of CA Cities (Waage)

7.Conference and Visitors Bureau / LBID Board (Liaison) (Inman)

8.Friends of Price House Liaison (Waage)

9.Hazard Mitigation & Fire Safety (Inman/Waage)

10. Homeless Services Oversight Council (Guthrie/Reiss)

11. Integrated Waste Management Authority (Newton/Inman)

12. Mobile Home Rent Stabilization Subcommittee (Inman/Waage)

13. Regional Transit Authority, SLO (Waage/Reiss)

14. Shell Beach Improvement Group Liaison (Inman/Reiss)

15. SLOCOG (Waage/Reiss)

16. South County Chambers Gov’t Affairs (Guthrie/Inman)

17. Visit SLO CAL Advisory Committee (Inman)

18. Water Resources Advisory Committee, SLO (Guthrie/Inman)

19. Zone 3 Water Advisory Committee, SLO (Guthrie/Inman) (Govt Code Section 53232.3)

9.CONSENT CALENDAR
All Consent Calendar items will be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member for separate consideration. Public comment on Consent Calendar items will be invited prior to action on the Calendar.

Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:

Adopt Minutes of the October 7, 2025 Regular Meeting.

Council Agenda 10-21-2025

Pismo Beach City Council Agenda October 21, 2025

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Item 9.B: Payroll Register and Register of Demands (Feeser) Recommendation:

1.Approve the Summary of Payroll Register for October 5, 2025;

2.Approve the Register of Demands for September 26, 2025 and October 3, 2025.

Item 9.C: Monthly Investment Transaction Report of the City’s Cash and Investments for August 2025 of Fiscal Year 2026 (Feeser) Recommendation:

No action recommended; for information only.

Item 9.D: Agreement with Wallace Group for the Sewer Master Plan Update (Gaglione)
Recommendation:

Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with Wallace Group in an amount not to exceed $255,102 for updating the Sewer Master Plan; and appropriating related budget adjustments in Fiscal Year 2026.

Item 9.E: Award of Contracts to Granite Construction and Filippin Engineering for the Pier Avenue Stair Removal Project; Related Budget Adjustments (Gaglione)
Recommendation:

Adopt a Resolution authorizing the City Manager to:

1.Execute a construction contract with Granite Construction Company for the Pier Avenue Stair Removal Project in the amount of $160,910; and

2.Enter into a Professional Services Agreement with Filippin Engineering, Inc. in an amount not to exceed $61,224 for Construction Management, Inspection and Administrative Services; and
Appropriating related budget adjustments in Fiscal Year 2026.

Item 9.F: Agreement with Safe Sidewalks Incorporated dba Precision Concrete Cutting for Downtown Sidewalk Repairs (Gaglione)
Recommendation:

Adopt a Resolution authorizing the City Manager to execute an Agreement with Safe Sidewalks Incorporated dba Precision Concrete Cutting in the amount of $117,076 for sidewalk repairs in the downtown core and appropriating related budget adjustments in Fiscal Year 2026.

10.ITEMS PULLED FROM CONSENT CALENDAR

11.PUBLIC HEARINGS - No earlier than 6:00 p.m.

None.

Council Agenda 10-21-2025

Pismo Beach City Council Agenda October 21, 2025

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12.BUSINESS ITEMS - May be reordered and heard prior to Public Hearings Item 12.A: Quarterly Paid Parking Update & Price Street Update (Smith) Recommendation:

Recommendation No action recommended, for information only Item 12.B: Introduction (First Reading) of an Ordinance that Adopts by Reference and Amends the Latest Editions of the Constituent Codes of the California Building Standards Code, Makes Findings of Fact to Support the Amendments, and Makes a Determination of Exemption under the California Environmental Quality Act (Graham)
Recommendation:

1.Introduce an Ordinance amending Titles 8 and 15, Chapters 8.04, 8.08,

15.04, and 15.08 of the Pismo Beach Municipal Code; adopting by reference codes comprising the 2025 California Building Standards Code (California Code of Regulations, Title 24, Parts 1-12), including the California Fire Code (2025 Edition, incorporating and amending the 2024 International Fire Code); the California Building Code Volumes 1 and 2 (2025 Edition, incorporating and amending the 2024 International Building Code), the California Residential Code (2025 Edition, incorporating and amending the 2024 International Residential Code), the California Electrical Code (2025 Edition, incorporating and amending the 2023 National Electrical Code), the California Mechanical Code (2025 Edition, incorporating and amending the 2024 Uniform Mechanical Code), the California Plumbing Code (2025 Edition, incorporating and amending the 2024 Uniform Plumbing Code), the California Energy Code (2025 Edition), the California Wildland-Uban Interface Code (2025 Edition, incorporating and amending the 2024 International Wildland-Urban Interface Code), the California Historical Building Code (2025 Edition), the California Green Building Standards Code (2025 Edition), and the 2024 International Property Maintenance Code together with certain amendments thereto; adopting findings of facts to support the imposition of requirements other than those of the California Building Standards Code, and making a determination of exemption under CEQA;

2.Schedule a public hearing and second reading (adoption) of the above- referenced Ordinance for November 18, 2025, pursuant to Government Code Section 50022.3.

Item 12.C: Capital Improvement Program Semi-Annual Report (Gaglione) Recommendation:

No action recommended; for information only.

13.CITY COUNCIL COMMENTS AND REQUESTS - No action to be taken Council Agenda 10-21-2025

Pismo Beach City Council Agenda October 21, 2025

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14.ADJOURNMENT
To the following meeting(s). Special and Closed Session times may be subject to change, as noticed. Meetings will be held in a hybrid in-person / virtual format unless otherwise noted:

Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, November 4, 2025 Council Chamber, City Hall Regular Council meetings will adjourn by 11:00 p.m. unless four-fifths of the Council votes to continue past that time. If the meeting is adjourned at 11:00 p.m., any remaining agenda items will be continued to the next regular meeting (R-97-04).

AFFIDAVIT OF POSTING
I, Erica Inderlied, City Clerk for the City of Pismo Beach, declare under penalty of perjury that the foregoing agenda for the October 21, 2025 meeting(s) of the Pismo Beach City Council was posted on October 16, 2025, at City Hall, located at 760 Mattie Road, Pismo Beach, CA, as well as on the City’s website.

Erica Inderlied, City Clerk
Meeting Schedule: The City Council of Pismo Beach regularly meets on the first and third Tuesdays of each month at 5:30 p.m., unless otherwise noticed. Closed and Special sessions will be duly noticed as needed.

Council Agendas: Agendas for Regular Meetings are available for public review on the City’s website at pismobeach.org/agenda and upon request from the City Clerk’s Office, typically by 4:00 p.m. on the Thursday prior to the meeting, but no later than 72 hours prior to the meeting. Agendas for Closed Sessions and other Special meetings are made available at least 72 hours prior to the meeting when possible, but no later than 24 hours prior to the meeting.

Related Materials: All materials submitted to the Council relating to items on this agenda are open for public inspection unless otherwise exempt by law. Staff reports and attachments published as part of this agenda packet, as well as copies of correspondence received relating to these agenda items and materials distributed at the meeting, may be obtained 1) in the consolidated online Agenda Center at pismobeach.org/agenda, 2) in the Access Pismo public records portal at pismobeach.org/accesspismo, 3) by request from the City Clerk at [email protected], or 4) in person at the City Clerk's Office, City Hall, 760 Mattie Road, Pismo Beach, Mon–-Fri 8:00 a.m.–-5:00 p.m. Please call (805) 773-7003 with any questions.

Broadcasting: Regular (televised) City Council meetings are available for viewing 24/7 at pismobeach.org/agenda, broadcast live on Channel 20, and re-broadcast during the week following the meeting on Channel 20 at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day.

Use of Equipment: Please contact the City Clerk’s Office if requesting to use the chamber equipment during public comment or as part of a scheduled presentation, 24 hours prior to the meeting at (805) 773-7003.

Notice Regarding Americans with Disabilities Act
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need agenda documents provided in an alternative format, please contact the City Clerk’s Office at 773-7003 as soon as possible prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-

35.104 ADA Title II).

Council Agenda 10-21-2025

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.A
Meeting Date: October 21, 2025
TITLE:

Adoption of Meeting Minutes
RECOMMENDATION:

Adopt Minutes of the October 7, 2025 Regular Meeting.

DISCUSSION:

Attached for the Council’s consideration are the draft minutes of the subject meetings for review and adoption.

FISCAL IMPACT:

There is no fiscal impact associated with the preparation or adoption of meeting minutes.

ATTACHMENTS:

1.Draft Minutes of the October 7, 2025 Regular Meeting
Submitted by:

Erica Inderlied, City Clerk
City Manager Approval:

9.A-1Council Agenda 10-21-2025
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DRAFT MINUTES
Pismo Beach City Council
Tuesday, October 7, 2025
Regular Meeting—5:30 p.m.

Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449 The City Council of the City of Pismo Beach met this date in a regular session with Mayor Waage presiding.

CALL TO ORDER: 5:30 p.m.

1.ROLL CALL:

Present: Absent:

Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
Staff Present:

Nadia Feeser, Administrative Services Director
Rosemarie Gaglione, Director of Public Works
Jorge Garcia, City Manager
Scot Graham, Community Development Director
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Mike James, Assistant City Manager
Paul Lee, Battalion Chief
Dean Pucci, City Attorney
Jeff Smith, Chief of Police
Other staff present as noted below

2.PLEDGE OF ALLEGIANCE
Mayor Waage led the Pledge of Allegiance.

3.ACCEPTANCE OF AGENDA
No requests to reorder the agenda.

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4.PRESENTATIONS
Item 4.A: Presentation: Introduction of New Employees
•Anthony Anaya, PT Maintenance Worker (Gaglione)
•Jose Camacho, Promotion to Parks Supervisor (Gaglione) •Sean Campbell, Promotion to Wastewater Supervisor (Gaglione) •Shelby Holderman, PT Maintenance Worker (Gaglione)
•Justin Klier, Promotion to Streets Supervisor (Gaglione) •Victor Martinez-Gamboa, Fleet Mechanic (Gaglione)
•Ryan Provost, Engineer (Gaglione)
•Brandon Shea, Promotion to Water Supervisor (Gaglione) •Marc Arroyo, Promotion to Accounting Supervisor (Feeser) •Joshua Keesling, PT Parking Enforcement (Smith)
•Amanda Withers, Promotion to Community Services Officer (Smith) Public Works Director Gaglione introduced Jose Camacho, promoted Parks Supervisor; Sean Campbell, promoted Wastewater Supervisor; Shelby Holderman, new Part-Time Maintenance Worker; Justin Klier, promoted Streets Supervisor; Victor Martinez-Gamboa, new Fleet Mechanic; Ryan Provost, new Engineer; Brandon Shea, promoted Water Supervisor; and Dan Johnson, promoted Facility and Fleet Supervisor.

Administrative Services Director Feeser introduced Marc Arroyo, promoted Accounting Supervisor.

City Manager Garcia acknowledged Joshua Keesling, new Part-Time Parking Enforcement Officer, and Amanda Withers, promoted Community Services Officer.

Item 4.B: Proclamation: Domestic Violence Awareness Month (Lumina Alliance) This item was reordered and heard after Item 6.

5.PUBLIC COMMENT PERIOD
Call for public comment:

James Worthley, SLOCOG, commented.

Rick Morefield commented.

9.A-3Council Agenda 10-21-2025
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6.CITY MANAGER’S REPORT
City Manager Garcia commented on various topics; commended Conference and Visitors Bureau staff and Public Works staff for their work on the 79th Annual Clam Festival.

4.PRESENTATIONS
This item was reordered.

Item 4.B: Proclamation: Domestic Violence Awareness Month (Lumina Alliance) Presented to Michael Boyer, Lumina Alliance.

7.CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT
City Attorney Pucci had nothing to report.

8.COUNCIL COMMITTEE REPORTS
The Council reported on recent and upcoming meetings of various external bodies:

Council Member Inman:

Pismo Beach Conference and Visitors Bureau (CVB) Board / Lodging Business Improvement District (LBID) Advisory Board.

San Luis Obispo County Public Works DESAL Plan public meeting.

Council Member Guthrie:

San Luis Obispo Water Resources Advisory Committee (WRAC).

San Luis Obispo County Zone 3 Water Committee.

Mayor Waage:

San Luis Obispo Council of Governments (SLOCOG) Board / Executive Committee.

9.CONSENT CALENDAR
Call for public comment: No comment.

Action: Adopt Consent Calendar.

Motion: Newton
Second: Inman
Vote: The motion passed on the following vote (Items 9.A through 9.F):

Ayes: 5 Newton, Inman, Guthrie, Reiss, Waage
Noes: 0

9.A-4Council Agenda 10-21-2025
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Absent: 0
Abstain: 0
Recused: 0
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:

1.Adopt Minutes of the June 23, 2025 Special Joint Meeting.

2.Adopt Minutes of the September 16, 2025 Closed and Regular Meeting.

Item 9.B: Payroll Register and Register of Demands (Feeser) Recommendation:

1.Approve the Summary of Payroll Register for September 7, 2025 and September 21, 2025;

2.Approve the Register of Demands for September 5, 2025, September 12, 2025 and September 19, 2025.

Item 9.C: Monthly Investment Transaction Report of the City’s Cash and Investments for July 2025 of Fiscal Year 2026 (Feeser)
Recommendation:

No action recommended; for information only.

Item 9.D: Update on January 9, 2023 and January 12, 2017 Emergency Proclamations (Inderlied)
Recommendation:

1.Review the need for continuing currently active local emergency proclamations;

2.Provide direction to staff if desired.

Item 9.E: Amendment #2 to the Agreement with Urban Planning Concepts, Inc. for In-House Planning Services (Graham)
Recommendation:

Adopt a Resolution authorizing the City Manager to execute Amendment #2 to the agreement with Urban Planning Concepts, Inc. in the amount of $357,760 for Fiscal Years 2026 and 2027 for in- house planning services in support of the General Plan/Local Coastal Land Use Plan and Zoning Code/Coastal Implementation Plan update.

Legislative Record: Resolution R-2025-066 adopted.

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Item 9.F: Agreement with MNS Engineers, Inc. for Design of the Sunset Palisades Lift Station Rehab Force Main Relocation Project (Gaglione)
Recommendation:

Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with MNS Engineers, Inc. in an amount not to exceed $242,416 for engineering design services for the Sunset Palisades Lift Station Rehab and Force Main Relocation Project.

Legislative Record: Resolution R-2025-067 adopted.

10.ITEMS PULLED FROM CONSENT
None.

11.PUBLIC HEARINGS
None.

12.BUSINESS ITEMS
Item 12.A: Dinosaur Caves Landscaping Project Donation (Gaglione) Recommendation:

Adopt a Resolution authorizing the City Manager to execute an agreement with Margaret Wagner, Ben Trogdon, and Nick Wilkinson for contribution of funding and time to the Dinosaur Caves Park Landscaping Improvement Project and accepting the donation.

Presenting staff:

Rosemarie Gaglione, Director of Public Works
Jorge Garcia, City Manager
Supplemental material submitted into the record.

Guest presenters:

Ben Trogdon
Maggie Wagner
Call for public comment: No comment.

9.A-6Council Agenda 10-21-2025
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Action: Adopt a Resolution authorizing the City Manager to execute an agreement with Margaret Wagner, Ben Trogdon, and Nick Wilkinson for contribution of funding and time to the Dinosaur Caves Park Landscaping Improvement Project and accepting the donation.

Motion: Newton
Second: Inman

Vote: The motion passed on the following vote:

Ayes: 5 Newton, Inman, Guthrie, Reiss, Waage
Noes: 0

Absent: 0
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2025-068 adopted.

Item 12.B: Housing In-Lieu Fund Revenue Discussion (Graham)

Recommendation:

1. Receive an overview of potential revenue options to support the City’s housing in-lieu fee funds.

2. Provide direction on potential changes to housing in-lieu fund revenue sources/options.

Presenting staff:

Jorge Garcia, City Manager
Cindy Jacinth, Planning Manager

Supplemental material submitted into the record.

Call for public comment: No comment.

Action: No action.

Item 12.C: Police Department Semi-Annual Update (Smith)

Recommendation:

Receive Police Department Semi-Annual Update.

Presenting staff:

Jorge Garcia, City Manager
Jeff Smith, Chief of Police

Supplemental material submitted into the record.

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Call for public comment: No comment.

Action: No action.

13.CITY COUNCIL COMMENTS AND REQUESTS
Consensus to direct staff to return with an agenda item allowing the Council to receive information, and give direction if desired, on the City’s encroachment permit fees and processes.

14.ADJOURNMENT
At 7:21 p.m.

APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk

9.A-8Council Agenda 10-21-2025
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.B
Meeting Date: October 21, 2025
TITLE:

Payroll Register and Register of Demands
RECOMMENDATION:

1. Approve the Summary of Payroll Register for October 5, 2025;

2. Approve the Register of Demands for September 26, 2025, and October 3, 2025.

DISCUSSION:

Attached are the Summary of Payroll Register(s) and Register(s) of Demands (Check Registers) noted above, provided for Council approval.

FISCAL IMPACT:

As demonstrated in the attached payroll and check registers.

ATTACHMENTS:

1.Payroll Summary

2. Registers of Demands
Submitted by:

Nadia Feeser, Administrative Services Director/City Treasurer City Manager Approval:

Council Agenda 10-21-2025 9.B-1
Packet Page 9

FOR PERIOD ENDING 10/05/25
CHECKS DATED 10/10/25

PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 577234-577238 5
ACH 138

EARNINGS
REGULAR 442,767.02
HOLIDAY 5,695.86
OVERTIME (Includes Comp Time Payouts)21,541.82
Administration
Building
Conference & Visitors Bureau
Police Department 17,939.46
Parking
Planning 76.23
Fire
Recreation
Public Works 621.85
Water 1,418.30
Wastewater 1,485.98
Motor Vehicles
Subtotal-Overtime 21,541.82$

SALARY ADJUSTMENTS -

TRAINING / UNIFORM ALLOWANCE -
OTHER EARNINGS 44,790.26
$514,794.96

LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 53,007.03
FICA & MEDICARE 36,642.58
STATE INCOME TAX 20,648.52
STATE DISABILITY INSURANCE 6,072.82
GARNISHMENTS 2,189.67
HEALTH 909.19
SUPPLEMENTAL DISABILITY 1,129.76
SECTION 125 3,114.16
PERS 42,155.82
DEFERRED COMPENSATION 15,505.18
ADDITIONAL LIFE INSURANCE 349.75
UNION DUES 2,390.25
PISMO ATHLETIC CLUB 512.50
OTHER
NET PAYROLL $330,167.73
DIRECT DEPOSIT DEDUCTION 326,388.42
NET PAYROLL AFTER ACH DEPOSIT 3,779.31

SUMMARY PAYROLL REGISTER
Council Agenda 10-21-2025 9.B-2
Attachment 1
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ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 10002 Internal Revenue Service 121,802.17$ Federal Income Tax PD 09/26/25 ACH 11208 SEIU Local 620 AFL/CIO 791.19 SEIU Dues PD 09/26/25 ACH 11305 Public Employees Retirement System 89,411.84 PERS Retirement EE & ER PD 09/26/25 & Administration Fee ACH 12017 Vantagepoint Transfer Agents 9,172.00 Retiree Health Longevity Premiums - PD 10/01/25 ACH 12211 CA. Public Emp Retirement Sys 132,765.83 Medical Insurance - Oct 2025 ACH 12260 dba: Mission Square ICMA Retirement Trust - 457 34,064.29 ICMA 457 Deferred Comp EE& ER PD 09/26/25 ACH 12305 Franchise Tax Board 25,378.85 SDI & State Income Tax PD 09/26/25 ACH 12360 CalPERS 457 Plan 333.33 PERS 457 Deferred Comp ER PD 09/26/25 ACH 12708 dba: Mission Square ICMA Retirement Trust-Roth IRA
745.00 ICMA Roth IRA PD 09/26/25
ACH 12944 Leaf 1,236.91 Monthly Copier Lease - Sept 2025 ACH 14257 Igoe Administrative Services 144.00 Medical/Dependent Care FS Monthly Participation ACH 14257 Igoe Administrative Services 3,937.69 IGOE FSA & DDS Reimbursement - Sept 2025 ACH 10371 Visit SLO County 275,672.76 TMD Payments July 2025 134988 10695 AFLAC 2,349.37 Supplemental Disability Insurance - Sept 2025 134989 11882 Alexander's Contract Services Inc 3,314.05 Water Meter Reading Services Sept 2025 134990 13460 AT&T Mobility 287284035974 1,197.24 Monthly Phone Service - August 2025 134991 14363 AT&T Mobility 287314925891 226.88 iPad Tablet Service - Aug 2025 134992 13269 Bianka Buchanan 195.00 M&IE: JPIA Risk Management Educational Forum 10/1-10/3/25 134993 15081 Bureau Veritas Technical Assessments LLC 63,676.32 Facilities Condition Assessment 134994 14402 Carol A. Burner 966.67 900 Bello Lease - October 2025 134995 14766 C&M Western, Inc 277.29 Safety Boots FY25
134996 14414 California State Disbursement Unit 415.38 Tax Withholding Order PD 09/26/25 134997 14771 California State Disbursement Unit 16.15 Tax Withholding Order #2 PD 09/26/25 134998 14995 California State Disbursement Unit 325.38 Tax Withholding Order PD 09/26/25 134999 14855 California's Best Janitorial 21,170.16 Janitorial Services - August 2025 135000 12610 CalPortland Construction 592,553.64 Paving Project - Retention Release 135001 14415 CLAD Consulting, Inc.13,868.75 On-Call Construction Inspection Services & Public Safety Facility CM & Oak Park Medical Plaza Parking Lot - Aug 2025
135002 11227 Cole Chrysler Dodge 4,370.55 Vehicle Maintenance 135003 14313 Culligan/Santa Maria 1,114.50 Drinking Water Aug 2025 & Car Wash Filtration & Service 8/18/25 & Soft Water
135004 15151 Nicole Dahlstrom 98.65 Refund: Rec Class Withdrawal 2001802.002 135005 12224 Delta Dental Of California 6,947.19 Dental Premiums - Oct 2025 135006 11469 Eikhof Design Group Inc 1,741.75 Addie Restroom& Development Review - Aug 2025 135007 12541 Engel & Gray Inc 9,104.13 Composting Biosolids - August 2025 135008 14325 Engeo Incorporated 5,439.73 Ocean Boulevard/Cliff Avenue Storm Drain - June 2025 135009 14638 F&H Construction 1,402,089.25 Public Safety Facility Payment #22 - July 2025 135010 11917 First American Title 1,500.00 Preliminary Report - 202 Addie St 135011 14895 Folsom Lake Ford Inc 37,334.13 2025 Ford Ranger 135012 13450 Franchise Tax Board-Tax Withholding 47.71 Tax Withholding Order PD 09/26/25 135013 13846 Franchise Tax Board-Tax Withholding-2 50.00 Tax Withholding Order PD 09/26/25 135014 15077 Full Spectrum Metal Finishing Inc 350.00 Public Art 135015 12030 Grainger, Inc.47.02 Maintenance Supplies
135016 15150 Jennifer Lynn Grasseschi 800.00 Neighborhood Event Band 9/26/25 135017 13588 Kenneth John Guge III 376.00 Instructor: Central Coast Judo 8/4-8/25/25 #11771 135018 11706 Shirley Horacek 480.00 Instructor: Watercolor 9/17/25 & 9/24/25 #11808 135019 13276 InfoSend, Inc.2,931.87 Processing-Printing-Mailing Utility Bills Aug 2025 & Parking Flyer & Clam Festival Inserts
135020 12255 Iron Mountain Information Mgmt, Inc 37.36 Shredding Services 7/23/25 - 8/26/25 135021 12507 iWorQ Systems 2,481.00 iWorQ Software 10/2025 - 9/2026 135022 11547 Jamrok Inc.1,082.50 Neighborhood Event Catering - Eldwayen Park 9/26/25 135023 14959 JD Humann Landscaping Inc.2,600.00 James Way Tree Establishment - 7/26/25 - 8/15/25 135024 15021 Wendy Lawton 1,150.00 Tax Withholding Order PD 09/26/25 135025 12096 Lee Wilson Electric Co Inc 1,299.79 Signal Light Repairs & Signal Light Maintenance - March 2025 & April 2025 & July 2025
135026 10656 LN Curtis & Sons 1,810.21 Annual Bauer Compressor Service 135027 14401 Barbara L. Maraist 966.66 900 Bello Lease - October 2025 135028 14896 Paris Nichole Martinez 400.00 Clam Painting: Dolliver Monarch 9/18/25 135029 14785 Matrix Consulting Group, Ltd.7,050.00 DPW Operational Review & Assessment - July-Aug 2025 135030 12960 Med-Stops Medical Clinic Inc 200.00 DMV/DOT Physical 135031 13493 Heidi Jane Moller 50.00 Instructor: FREE Pickleball Clinic 9/13/25 #11799 135032 14353 Motorola Solutions, Inc.6,873.88 In-Car Video Equipment, Software, and Installation 135033 11172 Mullahey Ford 2,021.53 Vehicle Maintenance 135034 14878 Nevada State Treasurer 2.00 Garnishment Withholding Fee PD 09/26/25 City of Pismo Beach
Final Disbursement List Check Date 09/26/2025

US BANK
Council Agenda 10-21-2025 9.B-3
Attachment 2
Packet Page 11

ACH/ Vendor Check
Check# Number Payee Amount Description
City of Pismo Beach
Final Disbursement List Check Date 09/26/2025

US BANK
135035 10039 New Times 290.00 Legal Advertising
135036 14343 ODP Business Solutions, LLC 624.64 Office & Kitchen Supplies 135037 12036 Erin Olsen 583.50 M&IE/Mileage: JPIA Risk Management Educational Forum 10/1- 10/3/25
135038 14879 OneSource Distributors LLC 100.84 Maintenance Supplies 135039 10633 Pismo Beach Athletic Club Inc 150.00 CalFire PBAC Dues - Sept 2025 135040 12022 Pismo Beach Police Officer's Association 1,572.00 POA Dues PD 09/26/25 135041 14403 Betty J. Pratt 966.67 900 Bello Lease - October 2025 135042 15111 PSD Citywide (US) Inc.6,292.80 Citywide Enterprise Asset Management Program 135043 14613 Dennis Richardson 320.00 Instructor: Tennis with Dennis 8/2-8/30/25 #11785 135044 11266 San Luis Auto Parts Inc 1,141.64 MVR Supplies & Vehicle Maintenance 135045 11796 San Luis Powerhouse, Inc.124.95 Generator Service 135046 10731 Santa Maria Motorcycles LLC 326.97 Vehicle Maintenance 135047 13994 SBRK Finance Holdings, Inc.300.00 TCP Import & Testing for E-Timesheets - Jul 2025 135048 14738 SCA OF CA, LLC 13,662.62 Street Sweeping Services - August 2025 135049 14877 SCaDU 230.76 Garnishment Withholding PD 09/26/25 135050 10532 SLO County Sheriff-Coroner 497.00 Crime Lab Tests 6/17/25 - 6/26/25 135051 12570 SLO Roasted Coffee 75.42 Coffee
135052 14099 Jeffrey Smith 281.00 M&IE: LOCC Annual Conference 10/7-10/10/25 135053 15082 James Robert Soderborg 88.00 Instructor: Advance Beginner Pickleball Clinic 9/20/25 #11789 135054 14113 Southpaw Sign Co., Inc.888.72 Palisades Courts Signs 135055 11722 SP Maintenance Services Inc 5,157.67 Parking Lot & Street Sweeping Services - August 2025 135056 14757 Quincy Storm 488.75 Design Services
135057 14355 Jason Teel 792.00 Instructor: Babysitting Course 9/20/25 #11762 135058 12321 The Gas Company 1,616.87 Gas Service 08/14/25-09/18/25 135059 13097 The Standard 1,588.37 Life & Additional Life Insurance Premiums - October 2025 135060 13442 Thorn Run Partners 5,500.00 Federal Lobbying Services - Sept 2025 135061 12461 TJA Advertising 38,185.69 CVB Advertising and Promotion Services - Aug 2025 135062 12860 Townsend Public Affairs 5,000.00 State Lobbying Services - Sept 2025 135063 12651 Chris Trimble 281.00 M&IE: JPIA Risk Management Educational Forum 9/30-10/3/25 135064 13951 Carlos Valentin Gonzalez 132.10 Portable Restrooms - Concerts in the Park 7/13/25 135065 13073 VSP- Vision Service Plan (CA)1,642.60 VSP Vision Coverage Oct 2025 Total:2,987,758.13$
Council Agenda 10-21-2025 9.B-4
Attachment 2
Packet Page 12

City of Pismo Beach
Final Disbursement List Check Date 10/03/2025

US BANK
ACH/Vendor Check
Check#Number Payee Amount Description
ACH 14547 Quadient, Inc - Postage 2,000.00$ Postage 135067 10434 Abalone Coast Analytical Inc 468.00 Water Analysis 135068 11374 Accela Inc. #774375 6,830.36 PublicStuff Pro Annual Renewal 9/30/2025 - 9/29/2026 135069 12275 Airgas West Inc 957.88 Maintenance Supplies 135070 13296 Michael James Arriola 1,500.00 Clam Festival - Band 135071 14647 Marc Arroyo 281.00 M&IE: CalPERS Education Forum 10/12-10/15/25 135072 12624 AT&T 9391012187 11,210.41 PSF Internet - 06/10/2025 - 07/09/2025 PSF Internet - 08/10/2025 - 09/09/2025
135073 12623 AT&T 9391012188 5,510.42 Wharf Alarm & DSL CAL Phone Bill 08/10/2025 - 09/09/2025 135074 13278 AT&T 9391059148 1,830.45 Phone Bill 08/10/2025 - 09/09/2025 135075 12625 AT&T 9391083592 1,550.82 PD Migration Internet - 08/01/2025 - 08/31/2025 135076 14832 AT&T Mobility 287339470580 241.44 iPad Mini Internet - Aug 2025 135077 14865 AT&T Mobility 287341782965 129.72 SCADA Hotspot - 08/01/2025- 08/31/2025 135078 14514 BEK Collective Inc 1,077.70 Re-design Electrical - James Way Irrigation - Apr-Aug 2025 135079 13569 Jedidiah J. Bickel 50.00 CVB Board Meeting Stipends Q3 2025 135080 11392 Brenntag Pacific Inc.1,509.80 Sodium Bisulfite 135081 14217 Broken Crown Coffee Co, LLC 125.00 Coffee
135082 14476 Burt Industrial Supply, Inc 60.60 Maintenance Supplies 135083 10626 California Highway Adoption Co 1,241.50 Highway 101 On/Off Ramp Mitigation July 2025 135084 10085 Cannon Corp 1,634.38 Ocean Blvd CM - Aug 2025 Clarifier Bid Support - August 2025
135085 15107 Carmel & Naccasha LLP 1,541.25 Professional Legal Services - Court Appearances Aug 2025 135086 10303 Damon Castillo 2,000.00 Clam Festival - Band 135087 13880 CDCE, Inc.959.39 Vehicle Accessories
135088 14027 Central Coast Landscape Products, Inc.1,076.62 Parks Maintenance 135089 13531 Central Coast Party Factory LLC 9,965.00 Clam Festival - Bounce Houses 135090 11451 Channel Islands Technology Integrators' Group 54,515.50 IT Professional Services Monthly Infrastructure Mgmt & Help Desk - Sept 2025
Microsoft O365- Phone- MDM & Storage Licenses - Aug 2025 Monthly Backup Subscriptions Aug 2025
135091 13555 Jineanne Coderre 800.00 Clam Festival - Band 135092 11227 Cole Chrysler Dodge 67.34 Vehicle Maintenance 135093 14687 Joanne Currie 300.00 Clam Chowder Cook-Off Participation 135094 12628 Dell Marketing LP 4,060.14 Computer Workstations & Accessories 135095 13675 Michael Drew Devine 25.00 PRBC Meeting Stipends Q3 2025 135096 15157 Renee Ellis 500.00 Deposit Refund: PBVH Event 9/27/25 135097 14325 Engeo Incorporated 26,054.29 Cliff/Ocean - July 2025 135098 14308 Fire Apparatus Solutions 450.14 Vehicle Maintenance 135099 11917 First American Title 400.00 Title Report - 100 El Portal 135100 14532 Emily France 702.40 M&IE/Mileage: CalPERS Education Forum 10/12-10/15/25 135101 13575 Jorge Garcia 538.00 M&IE/Mileage: LOCC Annual Conference & Expo 10/7-10/10/25 135102 15142 Girls & Boys Music 850.00 Clam Festival - Band 135103 13588 Kenneth John Guge III 312.00 Instructor: Central Coast Judo 9/1-9/29/25 #11772 135104 10806 Hach Company 125.78 Maintenance Supplies
135105 12653 Dan Herlihy 486.00 M&IE: IACP Conference 2025 10/17-10/22/25 135106 10376 Hinderliter, de Llamas & Associates 1,476.16 Contract & Audit Services - Sales Tax - Jul-Sept 2025 135107 14862 Bradley Hogan 736.00 M&IE: P.O.S.T. Motorcycle Course 10/12-10/24/25 135108 14465 Ian Huff 248.00 M&IE: MISAC 2025 Conference 10/19-10/22/25 135109 15145 ICONIX Waterworks (US) Inc.930.95 Clarifier Project 135110 14660 Interwest Consulting Group 23,780.00 Plan Inspection - Public Safety Facility - August 2025 135111 13385 IPS Group, Inc.5,491.19 Parking Meters & Housing 135112 11739 J.B. Dewar Incorporated 880.83 Equipment & Vehicle Maintenance 135113 14926 Jason Addison Smith Consulting Services Inc 37,114.56 Plan Review - Aug 2025 135114 14959 JD Humann Landscaping Inc.2,600.00 James Way Tree Establishment 135115 12100 David Jewell 200.00 Planning Commission Meeting Stipends Q3 2025 135116 15035 Ian Roxie Journey 200.00 Planning Commission Meeting Stipends Q3 2025 135117 12096 Lee Wilson Electric Co Inc 12,852.04 Signal Light Repairs & Maintenance - May - July 2025 135118 UB*01224 LOT A, LLC 188.96 Refund Check 018445-001, 2201 SHELL BEACH RD #2 135119 15154 William Lynch II 300.00 Clam Chowder Cook-Off Participation 135120 13361 Marborg Industries Santa Barbara 469.41 Portable Restrooms - Addie Street 8/18/25 - 9/14/25 135121 13208 Mark Sullivan Custom Homes 5,000.00 Release Encroachment Permit Bond - 558 San Luis 135122 14042 Merjan Enterprises, Inc.1,021.25 Equipment Maintenance 135123 14739 Mike's Coffee and Tea Co.32.00 Coffee
135124 10097 Miners Hardware 1,131.78 Maintenance Supplies 135125 15141 James Moran 900.00 Clam Festival - Band
135126 11172 Mullahey Ford 497.60 Vehicle Maintenance
135127 10039 New Times 234.00 Legal Advertisement
Council Agenda 10-21-2025 9.B-5
Attachment 2
Packet Page 13

City of Pismo Beach
Final Disbursement List Check Date 10/03/2025

US BANK
ACH/Vendor Check
Check#Number Payee Amount Description
135128 10753 Nick's Telecom 280.00 Vehicle Maintenance
135129 12199 Noble Saw, Inc 502.56 Equipment Maintenance 135130 14343 ODP Business Solutions, LLC 100.14 Office Supplies 135131 15153 Old SLO at The Cape 300.00 Clam Chowder Cook-Off Participation 135132 13344 Pacific Gas and Electric CFM/PPC Dept 8,207.85 326 Ocean Blvd/Cliff Ave Utility Undergrounding 135133 14102 Peak WiFi LLC 689.60 Internet Service - Sept 2025 135134 14550 Phillco 23.82 Soft Water - Station 63 Oct 2025 135135 12453 Polydyne, Inc.4,465.87 Polymer Tote
135136 14740 Premier Supply, LLC 193.58 Parks Maintenance 135137 14079 Clare Malone Prichard 200.00 Planning Commission Meeting Stipends Q3 2025 135138 12335 Procare Janitorial Supply Inc 1,862.38 Janitorial Supplies 135139 12613 Quinn Company 2,267.47 Forklift Annual Service 135140 14755 Terri Recchia Bledsoe 300.00 Professional Services 135141 14920 Bernard Ringer-Britz 25.00 Parking Advisory Committee Meeting Stipends Q3 2025 135142 14162 Rock and Roll Diner of Oceano, Inc 300.00 Clam Chowder Cook-Off Participation 135143 10904 Ron Rodriguez 25.00 PRBC Meeting Stipends Q3 2025 135144 14678 Rosa's Italian Restaurant 300.00 Clam Chowder Cook-Off Participation 135145 11266 San Luis Auto Parts Inc 376.80 Vehicle Maintenance 135146 14338 Robert Santa Cruz 800.00 Neighborhood Event Band 10/3/25 135147 12108 Santa Maria Tire, Inc.131.30 Vehicle Maintenance 135148 14686 SeaVenture Resort, LLC 300.00 Clam Chowder Cook-Off Participation 135149 14685 Shri Madhu LLC 300.00 Clam Chowder Cook-Off Participation 135150 13913 Silvas Oil Co., Inc 6,740.59 Diesel & Unleaded Fuel Delivery 9/25/25 135151 14099 Jeffrey Smith 486.00 M&IE: IACP Conference 2025 10/17-10/22/25 135152 14113 Southpaw Sign Co., Inc.26,033.28 Park Signs 135153 12659 Jason Spears 231.00 M&IE: MAGNUS Leadership Workshop 10/20-10/22/25 135154 14851 Spectre Security Inc.5,600.00 Clam Festival - Security Services 135155 13422 STA-CCI, LLC 240.03 Postage Meter Ink
135156 14795 James Summer 200.00 Planning Commission Meeting Stipends Q3 2025 135157 12078 Jason Takagi 662.40 M&IE/Mileage: MISAC 2025 Conference 10/19-10/22/25 135158 13530 TCA Tools Inc 1,225.39 Maintenance Supplies 135159 15159 The ALS Network 297.00 Deposit Refund: DCP Event 9/20/25 135160 15158 The Assembling Worldwide 250.00 Deposit Refund: DCP Event 8/30/25 135161 11032 The Cliffs 300.00 Clam Chowder Cook-Off Participation 135162 12461 TJA Advertising 264,705.10 LBID Advertising and Promotion Services July & August 2025 135163 14821 Traffic Management Products Inc 226.19 Safety Equipment 135164 12982 Ultrex Business Products 204.67 Monthly Copier Usage Aug 2025 135165 12041 United Rentals Northwest, Inc 797.39 Equipment Rental 135166 12622 USA Bluebook Acct: 82507 888.72 Maintenance & Lab Supplies 135167 13951 Carlos Valentin Gonzalez 541.80 Portable Restrooms - Tennis Courts 8/16/25 - 9/13/25 135168 14488 VBP Operating Co., LLC 300.00 Clam Chowder Cook-Off Participation 135169 UB*01222 VICTORIA GRACE MARETTI GIFT TRUST 168.64 Refund Check 019937-000, 373 WAWONA 135170 15152 Vintage Bar Collection LLC 300.00 Clam Chowder Cook-Off Participation 135171 13617 Debra Warden 371.37 Adopt-A-Bench Plaque
135172 12527 Water Systems Consulting Inc 56,669.78 NCMA Staff Extension Services - August 2025 CCB Program Delivery Evaluation & Community Engagement
135173 12132 White Flag Pest Control Inc 305.00 Pest Control 135174 UB*01223 WINDSPINNER TRUST 80.02 Refund Check 019750-000, 361 POMEROY 135175 13490 WIP, Inc.-PBR Enterprises 2,491.78 Council Chambers Cables & Amplifier Replacement 135176 14833 Yuki Restaurant Corporation 1,515.50 Neighborhood Event Catering 10/3/25 Total:634,006.08$
Council Agenda 10-21-2025 9.B-6
Attachment 2
Packet Page 14

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.C
Meeting Date: October 21, 2025
TITLE:

Monthly Investment Transaction Report of the City’s Cash and Investments for August 2025 of Fiscal Year 2026
RECOMMENDATION:

No action recommended; for information only.

DISCUSSION:

This report updates the City Council on the City of Pismo Beach’s monthly transactions of the City’s investment portfolio for the month ending August 31, 2025. California Government Code Section 53607 states that if the authority of the legislative body to invest or reinvest funds for the City is delegated to the City Treasurer, the City Treasurer shall make a monthly report of those transactions to the legislative body. Pursuant to Government Code Section 6505.5, this information is being provided here to the Pismo Beach Public Financing Authority, the Pismo Beach Public Financing Agency, and the Central Coast Blue Regional Recycled Water Authority, through the members of the City Council who sit on those boards.

The attached report includes all transactions of the City’s investments managed by the City, including funds invested in various securities and the City’s pooled funds invested in various financial instruments.
•Attachment 1 provides a summary of the City’s cash, investments, and monthly interest earnings based on book value as of August 31, 2025. •Attachment 2 provides details on the investment transactions for the General Fund Reserve and City Pooled Funds A (for deferred capital projects), including: purchases or deposits; sales, maturities, calls or withdrawals; and interest earnings. •Attachment 3 provides details of the monthly transactions by fund for City Pooled Funds B (for current year expenditures) for the month ending August 31, 2025.

FISCAL IMPACT:

No fiscal impact from the report itself—information only.

ATTACHMENTS:

1.Summary Table for ALL Funds, including Book Values and Earnings Data for Investments in Other Financial Instruments

2.For the General Fund Reserve and City Pooled Funds A—Transactions on Investments in Securities

3.For City Pooled Funds B—Summary of monthly transactions by fund Prepared by: Vanessa Garris, Finance Manager
Submitted by: Nadia Feeser, Administrative Service Director / City Treasurer City Manager Approval:

Council Agenda 10-21-2025 9.C-1
Packet Page 15

City of Pismo Beach
Investment Name Name of Institution Type of Investment
Current
Earnings
Rate Book Value
Actual Interest
Earned August
2025
Actual Year-to-
Date Interest
Earned Ending
8/31/25 * Data Sources
General Fund Reserves US Bank CDs/GASs/Corp
Bonds/Treasuries

3.06% avg 9,064,232 3,338$ 16,262$ 1 City Pooled Funds - A US Bank CDs/GASs/ Corp
Bonds/ MBSs/
Treasuries

2.86% avg 45,726,979 87,513 143,694 1 Total All Securities 54,791,211$ 90,852$ 159,956$ City Pooled Funds - B US Bank Custody 4.17%17,328$ 1,622$ 4,301$ 1 City Pooled Funds - B Local Agency Invest.

Fund (LAIF)
State Investment
Pool

4.40%415,325 - - 2
City Pooled Funds - B PFM Asset Mgmt
CAMP
JPA Investment Pool 4.40%15,185,198 56,583 113,056 3 City Pooled Funds - B US Bank Checking & Sweep 3.90%8,139,192 30,218 62,632 4 City Pooled Funds - B 23,757,043$ 88,423$ 179,989$ City Pooled Funds total A + B 69,484,022$ 175,937$ 323,683$ Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 Pier Project 794$ 3$ 121$ 5 Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 CREB's
Project
109 0 1 5
Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2024 Public Safety
Facility
26,480,787 135,548 242,241 5 CalPERS Benefit Trust
OPEB Trust Account CalPERS Benefit Trust
Account
Various managed by
CalPERS
5,821,880$ -$ -$ 6
TOTAL, Cash and Investments at August 31, 2025:110,851,823$ 314,826$ 582,307$ TOTAL for City Managed Portfolio, Cash and Investments:78,548,254$ 179,275$ 339,945$ Notes:
* Data Sources for Book Values and Actual Interest Earned:
1 = Monthly investment statement from US Bank
2 = Monthly statement from Local Agency Investment Fund 3 = Monthly statement from PFM Asset Management LLC
4 = Monthly reconciled bank statement from US Bank
5 = Monthly statement from Wilmington Trust
6 = Monthly statement from CalPERS Benefit Trust Account Attachment 1: Summary Table for All Funds,
including Book Values and Earnings Data for Investments in Other Financial Instruments Council Agenda 10-21-2025 9.C-2
Attachment 1
Packet Page 16

CITY OF PISMO BEACH
Attachment 2: For the General Fund Reserve and City Pooled Funds A Transactions on Investments in Securities
August 31, 2025

INVESTMENT ACTIVITY

PURCHASES OR DEPOSITS
08/05/25 Purchase US Treasury Note 692,535$
08/27/25 Purchase US Treasury Note 1,421,930
Total 2,114,465$

SALES, MATURITIES, CALLS OR WITHDRAWALS
08/05/25 Sold US Treasury Note 669,922$
08/18/25 Matured Bank of America Corp 500,000
08/25/25 Paid Down FNMA 199
08/25/25 Paid Down FHLMC Multiclass Mtg 10,919
08/25/25 Paid Down FHLMC Multiclass Mtg 112
08/25/25 Paid Down FHLMC Multiclass Mtg 743
08/25/25 Paid Down FHLMC Multiclass Mtg 6,356
08/25/25 Paid Down FNMA 729
08/25/25 Paid Down FNMA 412
08/26/25 Matured FNMA 750,000
Total 1,939,391$
ACTIVITY TOTAL 175,074$

INTEREST REVENUE

GENERAL FUND RESERVE INVESTMENTS
Interest Earned on Investments 3,338$

POOLED INVESTMENTS
Interest Earned on Investments 87,513$
TOTAL INTEREST EARNED 90,852$
Data Source: Monthly Download of Transactions from US Bank Council Agenda 10-21-2025 9.C-3
Attachment 2
Packet Page 17

City of Pismo Beach
Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund Bank Account Proof of Cash for the month ending:8/31/2025 Bank Account Description Bank ID Beginning Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
General Checking US Bank 9,665,713$ 5,554,208$ (7,080,729)$ -$ -$ 8,139,192$ LAIF LAIF 415,325 - -- - 415,325 PFM Asset Management LLC CAMP 15,128,615 56,583 - - - 15,185,198 Total all Bank Accounts 25,209,653$ 5,610,791$ (7,080,729)$ -$ -$ 23,739,715$ Fund Description Fund # Beginning Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
General Fund
General Fund 1001-10101 1,621,671 3,097,829 (2,556,237) - - 2,163,262 General Fund-Reserve 1001-10105 8,501 21 - - - 8,522 Half Cent Sales Tax Fund 1002 3,163,515 (635,138) - - - 2,528,377 Special Revenue Funds
Gas Tax Fund 2001 494,595 42,837 - - - 537,432 LTF - Streets 2002 548,706 1,298 - - - 550,004 PEG Access Fund 2003 136,009 8,223 - - - 144,231 Police Grant Fund 2004 158,879 (17,503) - - - 141,376 Housing In Lieu Fund 2005 351,934 2,420 (9,200) - - 345,155 LBID Fund 2006 1,474,573 290,175 (50,359) - - 1,714,389 Chapman House 2007 6,283 (1,144) (4,757) - - 382 Capital Projects Funds
Capital Projects Fund 3001 1,427,199 484,890 (2,289,847) - - (377,758) Public Facilities Fund 3002 952 2 - - - 954 Park Development Fund 3003 318,135 248 - - - 318,383 Circulation Fund 3101 618,718 1,545 - - - 620,263 Development Impact Fee Fund 3102 159,293 4,424 - - - 163,717 Developer Impact Fee Fund 3103 181,223 454 - - - 181,677 Underground Utility Fund 3201 17,916 45 - - - 17,961 Council Agenda 10-21-2025 9.C-4
Attachment 3
Packet Page 18

City of Pismo Beach
Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund Bank Account Proof of Cash for the month ending:8/31/2025 Fund Description Fund # Beginning Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
Debt Service Funds
Public Finance Authority Fund 4001 - - - - - - Public Finance Authority Fund 4002 - - - - - - Freeway Foothills AD Fund 4101 829 2 - - - 831 Spyglass AD Fund 4102 13,800 35 - - - 13,835 Indio-El Portal AD Fund 4112 801 2 - - - 803 Visalia Street AD Fund 4113 10,904 1,547 - - - 12,451 Enterprise Funds
Water Enterprise/Tax Fund 6101/6102 4,905,840 922,278 (1,327,060) - - 4,501,058 Water Construction Fund 6103 741,897 7,332 (8,748) - - 740,481 Water Expansion Fund 6104 607,427 1,520 - - - 608,947 Water Central Coast Blue JPA 6105 3,293 18,941 (18,339) - - 3,895 Wastewater Enterprise Fund 6201 1,286,804 396,885 (357,089) - - 1,326,600 Wastewater Construction Fund 6202 2,117,532 5,533 (54,537) - - 2,068,528 Wastewater Expansion Fund 6203 616,573 15,972 - - - 632,545 Wastewater CCB JPA 6204 6,688 38,456 (37,233) - -7,911 LTF - Transit Fund 6301 - - - - - - Pier Operations Fund 6401 20,412 1,924 (13,279) - - 9,058 Parking Fund 6501 1,403,675 292,825 (92,523) - - 1,603,977 Internal Service Funds
Technology Service Fund 7101 89,522 174,907 (264,780) - - (351) Motor Vehicle Fund 7201 1,418,951 177,901 (283,101) - - 1,313,750 Trust & Agency Funds
SLO County TMD 8201 81,095 224,088 (226,042) - - 79,141 Control Funds
Payroll Control Fund 9301 803,421 323,312 208,602 - - 1,335,336 Interest Control Fund 9302 201,099 30,328 - - - 231,428 Utility Billing Control Fund 9304 190,989 176 - - - 191,164 M/R Control Fund 9305 - - - - - - Total all cash funds 25,209,653 5,914,592 (7,384,530) - - 23,739,715 Council Agenda 10-21-2025 9.C-5
Attachment 3
Packet Page 19

INVESTMENTS
General Fund
General Fund Money Mrkt Csh 1001-10108 3,104 (3,104) - - - 0 General Fund - CD's 1001-10404 3,625,033 - - - - 3,625,033 General Fund - Fed Agency 1001-10405 4,049,000 (750,000) - - - 3,299,000 GF Reserve Money Mkt Cash 1001-10109 13,556 3,721 - - - 17,277 GF Reserve - CD's 1001-10403 2,782,967 - - - - 2,782,967 GF Reserve - Fed Agency 1001-10402 2,208,000 - - - - 2,208,000 GF Reserve - Building 1001-10406 202,000 - - - - 202,000 GF Reserve - Building - Federal A1001-10146 298,000 - - - - 298,000 GF Reserve - Risk Mgmt - CD's 1001-10407 200,000 - - - - 200,000 GF Reserve - Risk Mgmt - Fed Ag1001-10140 50,000 - - - - 50,000 GF Corp Bond - Pooled 1001-10141 1,098,650 - - - - 1,098,650 GF Corp Bond - Reserve 1001-10145 1,859,841 - - - - 1,859,841 GF Municipal Bonds Pooled 1001-10142 - - - - - - GF Municipal Bonds Reserve 1001-10143 - - - - - - Risk Mgmt Muni Bonds Reserve 1001-10144 - - - - - - GF Treasury Note 1001-10410 7,993,893 764,859 - - - 8,758,752 GF Treasury Bill 1001-10411 - - - - - - GF Mortgage Back Sec 1001-10412 3,823,337 (8,138) - - - 3,815,199 GF Reserve Treasury Note 1001-10413 1,463,424 - - - - 1,463,424 GF CREB's Fiscal Agent 1001-10515 (0) - - - - (0) GF - Half Cent Sales Tax CD's 1002-10404 245,000 - - - - 245,000 GF - Half Cent Sales Tax Fed Age1002-10405 500,000 - - - - 500,000 GF - Half Cent Sales Tax Mny Mkt1002-10108 13,006 (13,006) - - - - Half Cent Sales Tax - Pooled 1002-10141 355,000 - - - - 355,000 Half Cent Sales Tax - Muni Bond 1002-10142 - - - - - - Half Cent Sales Tax Treasury Note1002-10410 1,139,955 657,070 - - - 1,797,025 Half Cent Sales Tax Mortg Back S1002-10412 739,414 - - - - 739,414 Special Revenue Funds
Housing In Lieu - Mny Mkt Csh 2005-10108 1,500 (1,500) - - - (0) Housing In Lieu Fund 2005-10404 140,000 - - - - 140,000 Housing In-Lieu Fed Agencies 2005-10405 140,000 - - - - 140,000 Housing In-Lieu Treasury Note 2005-10410 - - - - - - LBID Fund Money Market Cash 2006-10108 (0) - - - - (0) LBID Fund - Treasury Note 2006-10410 1,124,512 22,613 - - - 1,147,125 LBID Fund - Pooled 2006-10141 184,902 - - - - 184,902 LBID Fund Mortgage Back Sec 2006-10412 541,593 (10,919) - - - 530,674 Capital Projects Funds
Capital Proj Fund Mny Mkt Cash 3001-10108 16,480 (16,480) - - - 0 Capital Projects Fund - Pooled 3001-10141 403,640 - - - - 403,640 Capital Projects Fund - Fed Agen 3001-10405 1,000,000 - - - - 1,000,000 Capital Proj Fd Mortgage Back Se3001-10412 556,682 - - - - 556,682 Park Develop. Fund Mny Mkt 3003-10108 - - - - - - Park Development Fund 3003-10404 - - - - - - Park Develop Federal Agencies 3003-10405 - - - - - - Circulation Fees Mny Mkt 3101-10108 - - - - - - Circulation Fees 3101-10404 - - - - - - Develop. Impact Fee Mny Mkt 3102-10108 3,066 (3,066) - - - 0 Development Impact Fee Fund 3102-10404 245,000 - - - - 245,000 Impact Fees Federal Agencies 3102-10405 - - - - - - Council Agenda 10-21-2025 9.C-6
Attachment 3
Packet Page 20

INVESTMENTS
Debt Service Funds
Capital Proj Fund - Fiscal Agent 3001-10511 26,345,238 135,548 - - - 26,480,787 Public Fin Fiscal Agent-Pier 4002-10510 791 3 - - - 794 Public Fin Fiscal Agent-PSF 4002-10511 - - - - - - Public Fin Fiscal Agent-CREBs 4002-10515 108 0 - - - 109 Visalia Street AD Fund 4113-10108 1,164 (1,126) - - - 38 Visalia Street CD's 4113-10404 100,000 - - - - 100,000 Enterprise Funds
Water Fund Money Mrkt Csh 6101-10108 - - - - - - Water Fund CD's 6101-10404 735,000 - - - - 735,000 Wtr Fund Federal Agencies 6101-10405 1,155,000 - - - - 1,155,000 Wtr Fund Corp Bond - Pooled 6101-10141 2,744,415 (500,000) - - - 2,244,415 Water Fund Treasury Note 6101-10410 2,247,154 - - - - 2,247,154 Water Construction Money Mkt 6103-10108 5,330 (5,330) - - - (0) Wtr Constr. Fd Corp Bond-Pool 6103-10141 393,028 - - - - 393,028 Water Construction 6103-10404 504,363 - - - - 504,363 Water Expansion Fd Mny Mkt Cas6104-10108 - 13 - - - 13 Wtr Expansion Fund - Pooled 6104-10141 - - - - - - Water Fund Treasury Note 6104-10410 444,735 - - - - 444,735 Wastewater Fund Money Market C6201-10108 11,313 (11,313) - - - - Wastewater Fund CD's 6201-10404 490,000 - - - - 490,000 Wastewater Fund Fed Agencies 6201-10405 2,100,000 - - - - 2,100,000 WWtr Fund Corp Bond - Pooled 6201-10141 1,504,848 - - - - 1,504,848 WWtr Fund Treasury Note 6201-10410 - - - - - - Wastewater Expansion Fund Mny 6203-10108 10,823 (10,823) - - - - WWtr Expansion Fd Mortgage Ba6203-10412 1,094,546 - - - - 1,094,546 Parking Enterprise Money Mrkt 6501-10108 8,263 (8,263) - - - - Parking Fund Corp Bond-Pooled 6501-10141 - - - - - - Parking Enterprise 6501-10404 980,000 - - - - 980,000 Parking Fund Federal Agencies 6501-10405 - - - - - - Parking Fund Treasury Note 6501-10410 - - - - - - Internal Service Funds
MVR Fund Money Mrkt Csh 7201-10108 0 - - - - 0 MVR Fund CD's 7201-10404 1,526,000 - - - - 1,526,000 MVR Fund Federal Agencies 7201-10405 250,000 - - - - 250,000 MVR Fund Treasury Note 7201-10410 953,285 - - - - 953,285 MVR Mortgage Back Securities 7201-10412 423,922 (412) - - - 423,509 CalPers Benefit Trust
OPEB Trust Account 8101-10408 5,821,880 - - - - 5,821,880 Total all Investments 86,871,762$ 240,347$ -$ -$ -$ 87,112,108$ Total all Funds 112,081,414$ 6,154,938$ (7,384,530)$ -$ -$ 110,851,823$ Council Agenda 10-21-2025 9.C-7
Attachment 3
Packet Page 21

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.D
Meeting Date: October 21, 2025
TITLE:

Agreement with Wallace Group for the Sewer Master Plan Update RECOMMENDATION:

DISCUSSION:

The City of Pismo Beach has a current population of approximately 7,804 and the sewer system receives approximately 1 million gallons of sewage on an average day. However, as the city is a popular vacation destination, the number of people served by the water and sewer system surges dramatically during the summer and holiday seasons.

The City’s wastewater collection system includes 53.5 miles of pipeline and twelve lift stations, as well as approximately 4,500 sewer service connections through which wastewater is collected and conveyed to the City’s Wastewater Treatment Plant.

The City’s Sewer System Management Plan (SSMP) provides a plan and schedule to properly manage, operate, and maintain all parts of the sanitary sewer system. The current SSMP was developed in 2020 and must be updated in order to stay in regulatory compliance with the California discharge permit for sanitary sewer systems. The City’s Sewer Master Plan (SMP) provides prioritized capital improvements related to the sanitary sewer system. This document was last updated in 2000.

On April 10, 2025, staff issued a formal Request for Proposals for professional engineering and planning services to prepare an update of the SSMP and SMP. On May 1, 2025, three proposals were received and evaluated by a review panel. Wallace Group (Wallace) was determined to be the most qualified and has been selected to perform the work.

Wallace provided separate cost proposals for the SSMP and SMP. Due to a November 1, 2025 deadline for completing the SSMP portion of the work, a contract for the SSMP Update in the amount of $35,547 was executed under the City Manager’s authority in line with the City’s Purchasing Policy. Wallace is currently finalizing this update in order to submit the document by the deadline.

Conclusion and Recommendation
Staff recommends the City Council adopt a resolution (Attachment 1) authorizing the City Manager to enter into a Professional Services Agreement (Attachment 2) with Wallace Group in an amount not to exceed $255,102 for updating the Sewer Master Plan, and appropriating related budget adjustments in Fiscal Year 2026.

Council Agenda 10-21-2025 9.D-1
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FISCAL IMPACT:

The fiscal impact of adopting the attached resolution is an additional cost of $255,102.

The Fiscal Year (FY) 2026 Wastewater Enterprise Funds’ SSMP professional services account budget includes $41,333 that can be used to support the Sewer Master Plan, leaving a $213,769 shortfall.

Staff has identified two wastewater projects that can be deferred until FY 2028 to cover the shortfall, including the Inflow and Infiltration program and the Addie Street Wet Well Improvements Project. Staff recommends transferring the budgets from those two projects into the SSMP and Sewer Master Plan project account to cover the budget shortfall, including related transfers between funds.

The proposed funded and estimated project costs are shown in Table 1 below.

Table 1. FY 2026 Proposed Funding and Estimated Project Cost Item Fiscal Impact
Project Budget
Available Project Budget $41,333
Addie Street Wet Well Improvements Project Budget $150,000 Inflow and Infiltration Budget $81,380
Total Available Project Budgets $272,713
Project Cost – Sewer Master Plan Wallace Contract Cost ($255,102) Remaining Surplus / (Shortfall) $17,611
ATTACHMENTS:

1. Resolution

2. Wallace Professional Services Agreement
Prepared by:

Erin Olsen, Senior Management Analyst
Submitted by: Rosemarie Gaglione, PE, Director of Public Works City Manager Approval:

Council Agenda 10-21-2025 9.D-2
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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 WALLACE GROUP IN AN AMOUNT NOT TO EXCEED $255,102 FOR UPDATING THE SEWER MASTER PLAN; AND APPROPRIATING RELATED BUDGET ADJUSTMENTS IN FISCAL YEAR 2026
WHEREAS, the City’s Sewer Master Plan (SMP) provides prioritized capital improvements related to the sanitary sewer system and the Sewer System Management Plan (SSMP) provides a plan and schedule to properly manage, operate and maintain all parts of the sanitary sewer system; and
WHEREAS, the SMP was last updated in 2000 and the SSMP in 2020; and WHEREAS, staff issued a formal Request for Proposals for professional engineering and planning services to prepare an update of the SSMP and SMP and selected Wallace Group to perform the work; and
WHEREAS, due to a November 1, 2025 deadline for completing the SSMP portion of the work, a contract for the SSMP update was executed under the City Manager’s authority in line with the City’s Purchasing Policy; and
WHEREAS, Wallace has provided a separate cost proposal for SMP.

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 October 21, 2025, with Wallace Group in an amount not to exceed $255,102 for updating the Sewer Master Plan.

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby de-appropriates the Addie Street Wet Well Improvements and the Inflow and Infiltration projects’ budgets and appropriates an additional $231,380 in the SSMP project, all in the Wastewater Enterprise Funds’ budgets in Fiscal Year 2026 to support the Sewer Master Plan project.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 21st day of October 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Attachment 1
Council Agenda 10-21-2025 9.D-3
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RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and official seal of the City of Pismo Beach on _______________________.
________________________
Erica Inderlied, City Clerk
Attachment 1
Council Agenda 10-21-2025 9.D-4
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Vendor Agreement (Rev. 3/2024)

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 Wallace Group (“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:

Pismo Beach Sewer Master Plan (SMP) Update
VENDOR represents and warrants that it is qualified to perform those services.

AGREEMENT:

I. SERVICES TO BE PERFORMED BY VENDOR
VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A.

VENDOR warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. Extra work beyond that described in the Scope of Services is not authorized without the express written approval of CITY. VENDOR shall request and receive written approval prior to performing any extra work. Any work beyond that reflected in the approved Scope of Services shall not be compensated by CITY unless prior written approval was provided under this paragraph. 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, 2026. 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 fifty-five thousand one hundred two dollars ($255,102), unless otherwise first approved in writing by CITY. Should this AGREEMENT be extended pursuant to Section II, VENDOR’s fee may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT. 2 of 12
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B. Schedule of Payment
VENDOR will submit invoices monthly for actual services performed and associated expenses.

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

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

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

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

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

VII.CITY REPRESENTATIVE
The City 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 Attachment 2
Council Agenda 10-21-2025 9.D-5
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Vendor Agreement (Rev. 3/2024)
stated. CITY’s City Manager has the right to designate another CITY Representative at any time, by providing notice to VENDOR.

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

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

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

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

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

B. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. VENDOR shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. VENDOR hereby grants to CITY all right, title, and interest, including 4 of 12
Vendor Agreement (Rev. 3/2024)
any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.

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

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

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

B. Non-design, construction Professional Services:

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

C. Design Professional Services:

In the event VENDOR is a "design professional," and the Scope of Services require VENDOR to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) VENDOR shall indemnify, defend and hold harmless CITY and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, Attachment 2
Council Agenda 10-21-2025 9.D-6
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Vendor Agreement (Rev. 3/2024)
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.

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, 6 of 12
Vendor Agreement (Rev. 3/2024)
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 CITY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, CITY may terminate this AGREEMENT as provided in paragraph IV.

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assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY’s Risk Manager.

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

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

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

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

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

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

11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.
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12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that VENDOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

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

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

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

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

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

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

A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to CITY;
B. Present to CITY the form of subcontract that will be used with the subcontractor for CITY’s approval, which approval will not be unreasonably withheld. Such subcontract agreement must include an indemnity agreement that is generally in accord with the indemnity obligations contained in paragraph XII of this AGREEMENT and must specifically name CITY as an indemnified party; and
C. Secure from the subcontractor evidence of insurance coverage that meets with this AGREEMENT including naming CITY as an additional insured as required by this AGREEMENT, unless such requirement is waived in writing by CITY's Risk Manager as provided in paragraph XXV below.

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

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

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

Notice will be sufficiently given for all purposes as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

XXVI. ATTORNEY’S FEES
Except as provided for in paragraph XV, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this AGREEMENT (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this AGREEMENT, the prevailing party Attachment 2
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will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.

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

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

XXVIII. VENDOR’S AUTHORITY TO EXECUTE
The persons executing this AGREEMENT on behalf of the VENDOR warrant that:

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

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

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

Signatures begin on next page.
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CITY:

City of Pismo Beach, a Municipal Corporation
Signed:

Name: Rosemarie 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: Dean J. Pucci
Title: City Attorney
VENDOR:

Wallace Group
Signed:

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

Name/Title: ____________________________
Attachments:

Exhibit A: Scope of Service
Exhibit B: Compensation Schedule
Attachment 2
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CITY OF PISMO BEACH ENGINEERING DESIGN SERVICES FOR 2025 SEWER SYSTEM MANAGEMENT 1WALLACEGROUP
TASK 1.0: PROJECT MANAGEMENT AND MEETINGS
TASK 1.1: PROJECT MANAGEMENT AND COORDINATION
This Task includes day-to-day coordination of project activities, including scheduling and budget controls, staffing needs and coordination, Client coordination, bi-weekly status updates, and other related project management activities. ThisProjectManagementBudgetisbasedonanoverall implementationscheduleof 9 months.

TASK 1.2: KICK-OFF MEETING AND FIELD REVIEW OF FACILITIES We will coordinate and attend an in-person kick-off meeting with key Team members and City staff.

On or before themeeting, wewillprovidetheCitywith a listofinformationneeds. Wewill prepare the meeting agenda and minutes for this meeting. This meeting will focus on scope of work, schedule, deliverables, andother components of the project sothat the project direction is agreeduponbytheTeam membersinadvance.Wewillrequestthat anyitemsthatmaybeof importanceforthecompletion of thereportbeprovidedtousatthetimeof thekick-off meeting.

Following the kick-off meeting we will tour the City’s collection system facilities, including lift stations to gain a betterunderstandingoftheoperationsand constraints. Thisis also a great opportunity to talk with the collection system operators to better understand their concerns about how the collection system functions and identify known problem areas.

TASK 1.3: REVIEW AND PROGRESS MEETINGS
Toensurecoordinationwith theCitythroughouttheprojectduration,wewillattendvirtual monthlystatusor milestonemeetings.Thebudgetisbasedon a totalof 8 meetingsthrough the duration of theproposed schedule. Meetingsmaybeadjustedastofrequencybasedon needand willbecoordinatedwiththeCityastheProject progresses. We will prepare the meeting agenda and minutes for these meetings. For efficiency, we will schedule milestone meetings to coincide with the monthly meetings. We recommend the two (2) milestone meetings be in person to discuss the City’s comments on the deliverables. We will also be available for additional meetings at the request of the City on a time and materials basis.

TASK 1.4: CITY COUNCIL MEETINGS
We will attend one City Council meetings for the Final Sanitary Sewer Master Plan Update. We will prepare a Power Point presentation for the City Council meeting. We will also be available for additional meetings at the request of the City on a time and materials basis.

TASK 1.5: QA
/QC
Wallace Group will provide in-house quality assurance and quality control (QA/QC) at the various

SCOPE OF SERVICES
([KLELW$
CITY OF PISMO BEACH ENGINEERING DESIGN SERVICES FOR 2025 SEWER SYSTEM MANAGEMENT 2WALLACEGROUP
milestone stages. TheQA/QCwillbeconductedbyseniororprincipalengineers.

TASK 1.0 DELIVERABLES:
•Email documentation of meetings, information needs/request, and pertinent project coordination correspondence includingbi-weekly status updates (PDF only). •Council Power Point Presentations
TASK 2.0: DOCUMENT REVIEW AND DATA COLLECTION
TASK 2.1 DOCUMENT REVIEW AND DATA COLLECTION
We will review the existing Sanitary Sewer Management Plan and details of the existing sanitary sewersystem and WWTP:

1.Review scope of services with City staff and review relevant documents, including but not limited to:
•2000 Sewer Master Plan
•2020 Sanitary Sewer Management Plan (SSMP)
•General Plan Update

2.Review City’s sanitary sewer records to identify recent improvements constructed.

3.Coordinate with the City to obtain future development plans.

4.ReviewrecordsummariesoftheCity’sclosed-circuittelevision (CCTV) inspection videos (if any), maintenance records, and meet with Citystaff to identify areas of concern regarding sewer mains (both gravity and force) and pumpstations.ReviewofCCTVfootageisnotcurrentlybudgetedintheSOW.

5.Meet with City staff to review development plans and all relevant documents.

6.Collect and review asset management including:
•Force Mains in the Sanitary Sewer Collection System
•Lift Stations within the Sanitary Sewer Collection System •Identify gaps in data, including pipe diameter, location, flow direction, material, sewer MH invert, etc.
•Recommend a strategy to obtain missing data
•Work with GIS personnel to determine optimal method(s) to add any missing asset subcategories
Design and Evaluation Criteria: As part of the document review, we will develop all necessary design criteria in order to systematically identify deficiencies in the sewer collection system. This design criteria summary will be included in the Preliminary Findings Memorandum (Task 4.0) and will be used for the hydraulic constraints analysis.

TASK 2.2: UPDATE GIS SANITARY SEWER LAYER – OPTIONAL TASK Utilizing the City’s GIS base map and operator logs for various maintenance management systems as well as City- owned assets, Wallace Group will update the GIS database and prepare maps that include Attachment 2
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cleaning activities, location of storm drain lines, location of historical SSOs, areas of rootintrusion, areas of high fats, oil, and grease,high customer complaint locations and odor control areas.

TASK 2.2 DELIVERABLES:
•Updated GIS Database with survey information (electronic) TASK 2.3 SURVEY SANITARY SEWER MANHOLES- OPTIONAL TASK
WallaceGroupwillsurveytherimelevationsof eachsewermanholetobemodeledanddipthe manholetoobtain the invert elevation (invert in and invert out) of the flow lines. Wallace Group will also take pictures of each of the manholes,whichwouldthen beincludedin theGISdatabase(see Task 3). Based on photos and visual observation from ground surface, we will ascertain pipe material.

It is requested that the City assist Wallace Group with locating the manholes and providing traffic control as needed in hightraffic areas. This assistance greatly increases the efficiencyof thesurvey work. Wallace Group can provide outside assistance for traffic control for an additional cost.

TASK 2.4: IN-LINE FLOW MONITORING- OPTIONAL TASK
Wallace Group will develop a flow monitoring program (FMP) in support of calibrating the hydraulic model of the sanitary sewer system. The flow data will evaluate average flow rates and representative diurnal flow patterns throughout the City including in/out of all pump stations, and to assist in the review/identification of average flow rates for residential (single and multi- family), commercial, hotel/motel, and apartment land uses. We will draft the flow monitoring plan, with meter locations and methodology to be reviewed and approved by the City. City has specific sewer reaches they desire to be monitored, for instance an area suspected to have flow capacity concerns or may otherwise be a “high maintenance area” of concern, or a specific sewer reach that would be indicative of SFR, MFR, hotel, commercial flows. Findings of the site review will be considered and included in this FMP for review and approval by the City. The site documentation shall include, at a minimum, a location map with address, digital photographs of the site, pipe size, channel condition, flow characteristics, site drawings, and pictures of surroundingarea.TheSiteassessmentswillalso identifytrafficcontrolandsafetyissues.

Once the FMP is approved, Wallace Group will proceed with the in-line Flow Monitoring, to be provided in conjunction with US3. Wallace Group can work with the City to determine the optimal number of monitoring sites and develop a budget based on a total duration of 60 calendar days at each location. It is envisioned the winter monitoring will extend 45 calendar days, and the dry weather monitoring will extend 15 calendar days. As discussed in the Approach Section of our Proposal, we will review and monitor upcoming weather conditions to maximize chances of capturing significant rainfall events during the wet-weather season monitoring interval. We assume the same monitoring stations will be monitored for both wet and dry weather conditions. This will resultin twodistinct deploymentsbyUS3. Electronicfilesofallflowmonitoringdatawillbe providedtotheCity.

CITY OF PISMO BEACH ENGINEERING DESIGN SERVICES FOR 2025 SEWER SYSTEM MANAGEMENT 4WALLACEGROUP
TASK 2.0 DELIVERABLES:
•Technical Memorandum summarizing the description and general inventory of the sanitary sewer system based on reviewof plans,reports,studies,GISDataGapanalysisfortheSanitarySewer Collection Systemandfieldinspections(PDFonly)
TASK 3.0: WASTEWATER FLOWCHARACTERISTICSANDPROJECTIONS
TASK 3.1: SEWER FLOWS AND FUTURE PROJECTIONS
From Section 8 of the SSMP: The Plan must include procedures to identify system components that are experiencing or contributing to spills caused by hydraulic deficiency and/or limited capacity, includingprocedurestoidentifythe appropriatehydrauliccapacityofkeysystemelementsfor:
•Dry-weather peak flow conditions that cause or contributes to spill events; •The appropriate design storm(s) or wet weather events that causes or contributes to spill events; •The capacity of key system components; and
•Identify the major sources that contribute to the peak flows associated with sewer spills. •The capacity assessment must consider:
•Data from existing system condition assessments, system inspections, system audits, spill history, and other available information;
•Capacity of flood-prone systems subject to increased infiltration and inflow, under normal local and regional storm conditions;
•Capacity of systems subject to increased infiltration and inflow due to larger and/or higher- intensity storm events as a result of climate change;
•Increases of erosive forces in canyons and streams near underground and above- ground system components due to larger and/or higher-intensity storm events; •Capacity of major system elements to accommodate dry weather peak flow conditions, and updated design storm and wet weather events; and
•Necessary redundancy in pumping and storage capacities.

To address these requirements, we will develop unit flow factors in order to better project wastewater flows from future developments, and calibrate the sewer model using existing wastewater flows.

These unit factors will be developed for development types including residential, multi-family, commercial, industrial, hotels and other factors. We will request from Cal Water, water meter records/bills that willbeused to evaluateusage from the various types of developments. Using actual water use data will provide the most accurate projection of wastewater generation unit factors, especially for residential and hotel units. Water demand data will be evaluated for a minimumof36 months in order to assess indoor water demands (which generate wastewater flows) versus outdoor water demands (which do not generate wastewater flows). We will also use population and density information from the City’s General Plan, Specific Plans, and other planning documents provided by the City, to project future build- out (15-year planning horizon) population and wastewater flows. As part of this scope of services, Wallace Group will not project population to build-out; we will rely on the City’s planning documents, and we will request City staff to confirm future population projections to be used in the master plan. Total metered flow data (at the City’s WWTP), along with existing Attachment 2
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population data, will be used to calculate per capita wastewater flows, which will in turn beused to project future wastewater flows. We will provide the findings of this information, including summary of information from Task 2, in the Preliminary Findings Memorandum.

Based on preliminary discussions with the City, the current wastewater flows have decreased in the City due to water conservation. In addition, there is minimal development potential within the City of Pismo Beach. The City has completed minimal upgrades to the sewer collection system since the 2000 Sewer Master Plan. Wallace Group will rely on the 2000 Sewer Master Plan to identify the hydraulic constraints within the sewer collection system, assuming the current flows and the projected flows are similar or less than what was identified in the 2000 Sewer Master Plan. This analysis and comparison will be presented in the Preliminary Findings Memorandum.

If it is determined that the current flow or projected flow is measurably different then the 2000 Sewer Master Plan, it will be recommended that any impacted sewer tributary area be modeled. This will require a contract amendment to incorporate in all tasks required to complete the sewer modeling, which may include survey, flow monitoring, sewer model development and calibration, and capital improvement development.

TASK 3.2 LIFT STATION CONDITION ASSESSMENT & LS PROCEDURES Wallace Group, in conjunction with Fluid Resource Management (FRM), will conduct evaluations of the City’s twelve lift stations. FRM will coordinate with the City operations staff. Although FRM is confined space trained, it is assumed that no confined space entry will occur and all wet well recommendations will be completed from the surface. FRM will evaluate the wet well for visible signs of corrosion and “wear and tear”, and will make recommendations if a structural investigation of the wet well is warranted based on observation. We will evaluate the condition of piping and internal components, document the size of the wet well/pumping station, approximate depth and size of inverts, perform a pump draw down test and determine approximate flow from each pump, perform fullloadamperageandMeg-ohmreadingson each motor,verify automation of controls, evaluate the electrical system for possible deficiencies/code violations, document the pumps and motors make/model number, pull and inspect thepumps for signs of wearandtearincludinginspectingpumpsealsandfittings, electrical componentsforcode violations,evaluatethepumpseals,fittings,andoverallcondition,andperform a pumptest to determine approximate flow, and measure amperage/power draws to check for signs of pump motor concerns. We will evaluate the system’s ability to meet existing and future demands based on the pumping capacity and will provide the City with lift station upgrade recommendations. It is expected that the review of the 12 lift stations will be conducted over a period of 4 consecutive days. We will request that the City provide operations staff intimately familiar with the details and history of the lift stations,andtooperateequipmentduringtheinspection/testing.We assume that access to each lift station will not require traffic control services. We will review the assessment information fromFRMandprovide recommendationsforupgradestotheliftstations.

Wewillsummarizethe findings of the lift station assessment in the Preliminary Findings Memorandum.

CITY OF PISMO BEACH ENGINEERING DESIGN SERVICES FOR 2025 SEWER SYSTEM MANAGEMENT 6WALLACEGROUP
Wallace Group will develop Standard Operation Procedures for general Lift Station Operations and Emergency Response for ten (10) of the City’s Lift Stations. Procedures will include information on emergency power, response times, bypass, lift station operating data, and other data required for emergency response. This task will require one site visit for each Lift Station with City staff to review existing site conditions. This proposal estimates two days for site visits. SOPs will include photos and exhibits to guide staff in the proper operation and emergency response for each lift station.

TASK 3.3 DELIVERABLES:
•Draft Lift Station ERPs
•Final Lift Station ERPs
TASK 3.3: COLLECTION SYSTEM CONDITION ASSESSMENT
We will compile all the information in Task 2.0 and provide a summary of the pipes and facilities thatarebeing targeted for upgrades due to age, poor condition, root intrusion, or deterioration.

The assessment will prioritize areas of the system that:
•Hold a high level of environmental consequences if vulnerable to collapse, failure, blockage, capacity issues, or other system deficiencies;
•Are located in or within the vicinity of surface waters, steep terrain, high groundwater elevations, and environmentally sensitive areas;
•Are within the vicinity of a receiving water with a bacterial-related impairment on the most current Clean Water Act section 303(d) List;
•Identify system assets vulnerable to direct and indirect impacts of climate change, including but not limited to: sea level rise; flooding and/or erosion due to increased storm volumes, frequency, and/or intensity; wildfires; and increased power disruptions.

We will make recommendations for additional assessments that may be required if adequate CCTV and/or records of recent inspections are not available.

As an optional task, Wallace Group can manage a contract with a subcontractor to complete CCTV inspections of the sewer collection system. This is currently not included in the scope of work,butcanbediscussedasthisisa service Wallace Group has provided for numerous clients.

TASK 3.4 WWTP CONDITION ASSESSMENT
Wallace Group, in conjunction with Fluid Resource Management (FRM), will conduct a condition assessmentofthe WWTP. FRMwillcoordinatewiththeCityoperationsstaff.Ourteamwillassess the condition of theheadworks, influent splitter box, oxidation ditches, aeration process, secondary clarifiers, sodium hypochlorite mixing box and chlorine contact basin. We will evaluate each component on its ability to meet existing and future demands, overall efficiency of operations, anticipated life cycle for each component, and recommended upgrades to meet regulations ornew Attachment 2
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technologies.WewillsummarizethefindingsoftheWWTPassessmentinthePreliminaryFindings Memorandum.

TASK 3.5: PRELIMINARY FINDINGS MEMORANDUM
We will compile all the information reviewed and gathered under Tasks 1.0 and 2.0 and prepare a Preliminary Findings Memorandum stating our findings. We will provide results of the sewer flow monitoring and lift station evaluation and provide recommendations for wastewater flows for the City based on land use and design and evaluation criteria.

TASK 3 DELIVERABLES:
•Preliminary Findings Memorandum - pdf copy only
TASK 4.0: DEVELOP AND CALIBRATE SEWER MODEL(OPTIONAL TASK) This Task will not be included unless determined under Task 3.1 that the sewer flows, both current and projected, are substantially different than the flow estimates from the 2000 Sewer Master Plan. If determined to be required, we will discuss with the City the level of effort required to completed the sewer model development and calibration.

WewillutilizesurveydatacollectedinTasks1, 2 and3 foruseinthe Aquanuity AquaTwin 2-D sewer modeling program. We will model the collection system under dry and wet weather conditions for the existing and future loadings. We typically will only model the trunk sewer mains (typically 10-inch and larger), with some exceptions. The exception would be 6- or 8-inch trunk mains that collect or carry a reasonable amountofwastewatereither underexistingorfutureconditions.Wewillprovide an electroniccopyof thesewer model at the end of the project.

Using flow data collected in the Field Investigations, we will model simulations for dry and wet weather flowconditions forexisting and future (build-out) development scenarios. We will use the model results to identify locations in the wastewater system that have hydraulic capacity constraints under existing and future flow conditions, peak dry weather and wet weather flow conditions. Wet weather modelswillbebasedonwetweatherflowmonitoring. Ifnowetweather flow monitoringisconducted, thenWallaceGroupwillhavetouseotherengineeringsourcestoassistindetermining peaking factors based onlanduse,pipe material, andage.

Based on the flow monitoring data obtained, we will provide the City with general observations of tributary areas exhibitingsignsof I/I. Based onthis observation, wewillrecommend areas for further I/I investigation.

TASK 5.0: DEVELOP CAPITAL IMPROVEMENT PROJECT PROGRAM
Usingdatacollectedduringconditionassessment(Task 3) wewilldevelopa Sanitary Sewer Capital Improvement Program (CIP) recommending short-term (5-year) and long-term (15-year) CITY OF PISMO BEACH ENGINEERING DESIGN SERVICES FOR 2025 SEWER SYSTEM MANAGEMENT 8WALLACEGROUP
improvements necessary to maintain a desired level of service for the City’s sanitary sewer assets such as mainlines, manholes, and pump stations as well as the Wastewater Treatment Plant. We will also provide one additional Capital Improvement Program focused on Development induced improvement recommendations. These upgrades are required to be completed when development occurs, which the timing may not be known. The CIP will include the following recommendation of Improvements:
1)Identify improvements (or improvement programs such as regularly scheduled condition monitoring programs) necessary to meet the 2022 Waste Discharge Requirements and the City’s desired level of service.
2)Develop prioritization criteria and ranking matrix (see Appendix for sample matrix) to utilize when prioritizing recommended improvements forboth the collection system and the lift stations. Criteria should account for:
i.Probability of failure based on condition of facility. ii.How critical the facility is to system operations (i.e., ramifications of failure). iii.Potential I/I reduction.
iv.Cost of facility failure (including social and environmental costs in addition to hard costs of repairs).
v.Proximity to water bodies of the state
3)Recommend a replacement and rehabilitation methodology for all recommended improvements. The methodology should take into account the material, condition, age of facility, and sensitive environmental areas (such as creeks and industrial areas), and overall constructability.
4)Provide engineer’s opinion of probable cost for construction and anticipated soft costs. 5)Provide a cut sheet (See Appendix for a sample cut sheet) for each first priority project TASK 6.0: DRAFT AND FINAL SANITARY SEWER MASTER PLAN
Upon completion of Tasks 1-5, we will submit a digital copy in pdf format of a draft Sanitary Sewer Master Plan report to the City for review and comment. At a minimum, thereport shall include the following:

1.Colored maps that are clear, easy to understand, and of professional quality of the City’s sewer collection system,identifieddeficiencies,andlocationsofproposed improvements

2.Summary of existing sewer system

3.Population projections and sewer demand summary

4.Documentation of modeling methodologies and assumptions (if optional task is included)

5.Technical information, analysis, and discussion of results for each task making use of charts, graphs, and figures of professional quality to clearly and efficiently convey the information, findings, and conclusions

6.Justification for recommended improvements to be accomplished

7.Sanitary Sewer Capital Improvement Plan

8.Other supporting documentation
Attachment 2
Council Agenda 10-21-2025 9.D-14
Packet Page 35

CITY OF PISMO BEACH ENGINEERING DESIGN SERVICES FOR 2025 SEWER SYSTEM MANAGEMENT 9WALLACEGROUP
TASK 6.0DELIVERABLES:
•Provide a draft version of master plan to City for review and comment. •Upon City approval of the draft master plan, prepare a final report digital copy in pdf format :DOODFHH*URXSS7HDPP5HVRXUFHH(VWLPDWHHIRUUWKHH
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Attachment 2
Council Agenda 10-21-2025 9.D-15
Packet Page 36

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.E
Meeting Date: October 21, 2025
TITLE:

Award of Contracts to Granite Construction and Filippin Engineering for the Pier Avenue Stair Removal Project; Related Budget Adjustments RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to:

1. Execute a construction contract with Granite Construction Company for the Pier Avenue Stair Removal Project in the amount of $160,910; and

2. Enter into a Professional Services Agreement with Filippin Engineering, Inc. in an amount not to exceed $61,224 for Construction Management, Inspection and Administrative Services; and
Appropriating related budget adjustments in Fiscal Year 2026.

DISCUSSION:

The Pier Avenue Stairs provided access to approximately 800 feet of coastline within an isolated pocket beach, extending from the intersection of Ocean Boulevard and Windward Avenue to the north, to the tip of Margo Dodd Park to the south. On October 26, 2021, the City closed the stairway due to a lower bluff failure caused by storm activity which left a portion of the third landing (from the top down) unsupported.

On November 15, 2022, staff presented an update to City Council on options for repair, replacement or removal of the Pier Avenue Stairs. The Council’s direction to staff at that meeting was to pursue removal of the Pier Avenue Stairs.

The project consists of removal of the existing beach access stairway at the south end of Pier Avenue. All stair components will be demolished, with existing concrete caissons to remain in place.

Construction
The project was advertised for construction and three bids were received on September 25, 2025, ranging in amount from $160,910 to $178,500. The lowest responsible bidder is Granite Construction Company (Granite) with a bid of $160,910 (bid results provided for reference in Table 1). Staff has verified Granite’s references and qualifications, and recommends the Council adopt a resolution (Attachment 1) awarding a contract (Attachment 2) to Granite in the amount of $160,910 for construction of the project.

Table 1. Bid Results
Company Name Bid Amount
Granite Construction Company $160,910
R. Burke Corporation $168,000
Bowen Engineering and Environmental $178,500
Council Agenda 10-21-2025 9.E-1
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Construction Management
On September 11, 2025 staff issued a formal Request for Proposals (RFP) for Construction Management, Inspection and Administration Services for the construction of the Pier Avenue Stair Removal Project. On September 25, 2025, two proposals were received and evaluated by a review panel. Filippin Engineering, Inc. (Filippin) was determined to be the most qualified and has been selected to perform the work. Adoption of the proposed resolution (Attachment 1) will also award a contract (Attachment 3) to Filippin for these services.

Conclusion and Recommendation
Staff recommends that the Council adopt a resolution (Attachment 1) authorizing the City Manager to execute a construction contract with Granite for the Pier Avenue Stair Removal Project in the amount of $160,910; enter into a Professional Services Agreement with Filippin in an amount not to exceed $61,224 for Construction Management, Inspection and Administrative Services; and appropriating related budget adjustments in Fiscal Year 2026.

FISCAL IMPACT:

The fiscal impact of adopting the subject resolution is a total estimated cost of $238,225 to construct the project. The total estimated cost includes construction; construction management, inspection, and administrative services; and a 10% contingency. The Fiscal Year (FY) 2026 Capital Projects Fund Pier Avenue Stairs project capital outlay – improvements budget includes $180,000 for construction of the project, leaving a projected shortfall of $58,225.

Staff recommends transferring $6,882 from the FY 2026 Capital Projects Fund Pier Avenue Stairs project professional services account budget and $51,343 of General Fund General Contingency budget to support the project budget, including related transfers between funds in FY 2026. The estimated project costs are shown in Table 2 below.

Table 2. FY 2026 Project Funding
Item Fiscal Impact
Project Cost
Construction Costs (Granite)$160,910
10% Contingency $16,091
CM Costs (Filippin)$61,224
Total Project Cost $238,225
Pier Avenue Stairs Project Capital Outlay-Improvements
Budget $180,000
Budget vs Project Cost Surplus / (Shortfall)$(58,225)
Proposed Budget Amendments
Council Agenda 10-21-2025 9.E-2
Packet Page 38

Capital Projects Fund Pier Avenue Stairs project professional services account budget $6,882
General Fund General Contingency $51,343
Total Proposed Budget Amendments $58,225
Proposed Budget vs Project Cost Surplus / (Shortfall)$0 ATTACHMENTS:

1. Resolution

2. Granite Construction Agreement

3. Filippin Vendor Agreement
Prepared by:

Erin Olsen, Senior Management Analyst
Submitted by: Rosemarie Gaglione, PE, Director of Public Works City Manager Approval:

Council Agenda 10-21-2025 9.E-3
Packet Page 39

RESOLUTION NO. R-2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO: 1. EXECUTE A

CONSTRUCTION CONTRACT WITH GRANITE CONSTRUCTION COMPANY FOR THE PIER AVENUE STAIR REMOVAL PROJECT IN THE AMOUNT OF $160,910; AND 2. ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH FILIPPIN ENGINEERING, INC. IN AN AMOUNT NOT TO EXCEED $61,224 FOR

CONSTRUCTION MANAGEMENT, INSPECTION AND ADMINISTRATIVE
SERVICES; AND APPROPRIATING RELATED BUDGET ADJUSTMENTS IN FISCAL YEAR 2026
WHEREAS, the Pier Avenue Stairs were closed in October 2021 due to a lower bluff failure caused by storm activity which left a portion of the third landing unsupported; and WHEREAS, Council received and update on options for repair, replacement or removal of the Pier Avenue Stairs on November 15, 2022 and directed staff to pursue removal of the stairs; and
WHEREAS, the project was advertised for construction bids and three bids were received on September 25, 2025 ranging in amount from $160,910 to $178,500; and WHEREAS, the lowest responsible bidder is Granite Construction Company with a bid of $160,910; and
WHEREAS, a formal Request for Proposals for Construction Management, Inspection and Administration Services for the construction was issued and two proposals were received on September 25, 2025; and
WHEREAS, Filippin Engineering, Inc. was determined to be the most qualified and has been 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 execute a construction contract, in substantially the form attached to staff’s report dated October 21, 2025, with Granite for the Pier Avenue Stair Removal Project in the amount of $160,910.

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a Professional Services Agreement, in substantially the form attached to staff’s report dated October 21, 2025 with Filippin Engineering, Inc., in an amount not to exceed $61,224 for Construction Management, Inspection, and Administrative Services.

BE IT FINALLY RESOLVED that the City Council of the City of Pismo Beach hereby transfers $6,882 from the Fiscal Year (FY) 2026 Capital Projects Fund Pier Avenue Stairs Council Agenda 10-21-2025 9.E-4
Attachment 1
Packet Page 40

project professional services account budget and $51,343 of General Fund General Contingency budget to support the project budget, including related transfers between funds in FY 2026.

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 21st day of October 2025, 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 official seal of the City of Pismo Beach on _______________________.
________________________
Erica Inderlied, City Clerk
Council Agenda 10-21-2025 9.E-5
Attachment 1
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Construction Services Agreement (Rev. 2/2/2018)

CITY OF PISMO BEACH

CONSTRUCTION SERVICES AGREEMENT
This Construction Services Agreement (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation ("CITY"), and Granite Construction Company, a corporation ("CONTRACTOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. SCOPE OF WORK
CONTRACTOR shall perform within the time set forth in Article 2 of this AGREEMENT and shall furnish at its own cost all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the construction of demolition of stairs for the Pier Avenue Stair Removal Project (hereinafter “Project”).

By entering into this AGREEMENT, CONTRACTOR acknowledges that there may be other contractors on the site whose work will be coordinated with that of its own. CONTRACTOR expressly warrants and agrees that it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, CITY, the Project Manager, the Public Works Director/City Engineer, or utilities. CONTRACTOR also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be a direct action against the separate contractor. To the extent allowed by law, CONTRACTOR will have no remedy, and hereby expressly waives any remedy against CITY, the Project Manager, or the Public Works Director/City Engineer on account of delay, hindrance, interference or other events caused by a separate contractor.

II. TIME FOR PROJECT COMPLETION
All of CONTRACTOR’s work on the Project shall be completed within durations established for the individual activities as set forth in the Project Construction Schedule. All work shall commence fifteen (15) calendar days after receiving a written Notice to Proceed from CITY or Project Manager, if a Project Manager is employed by CITY on the Project. CONTRACTOR shall refer to the invitations for bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations. The aggregate sum total work of all individual Prime Contractors to CITY comprises the entire “Project” and shall be commenced and completed in conformance with the Project Construction Schedule. The entire Project shall be completed within 20 consecutive working days (“Contract Time”).

III. THE CONTRACT SUM
CITY shall pay to CONTRACTOR for the performance of this AGREEMENT, subject to any additions and deductions provided in the Project documents, the sum of one hundred sixty thousand nine hundred ten dollars ($160,910).

IV. PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Public Works Director/City Engineer by CONTRACTOR and Certificates for Payment issued by the Public Works Director/City Engineer, CITY shall make progress payments on account of the Contract Sum to CONTRACTOR as provided in the General Conditions.
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Construction Services Agreement (Rev. 2/2/2018)
This AGREEMENT is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to CONTRACTOR of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This AGREEMENT hereby incorporates the provisions of Article 1.7 as though fully set forth herein.

This AGREEMENT is also subject to the provisions of Public Contract Code Section 9204, which provides for the submission and resolution of specified claims by CONTRACTOR, including provisions governing the type of claims that may be submitted, the time to respond to such claims, and alternative dispute resolution procedures. The provisions of Section 9204 are incorporated herein by reference, and to the extent CONTRACTOR asserts a claim specified by Section 9204, CONTRACTOR shall comply with all provisions set forth in Section 9204 in submitting a claim to CITY.

V. RETENTION OF SECURITIES
Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by CITY to ensure performance under a contract, at the request and expense of CONTRACTOR.

Substitution of securities shall not be required in contracts in which there will be financing provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921 et seq.), and where federal regulations or policies, or both, do not allows the substitution of securities. Alternatively, CONTRACTOR may request that CITY make payment of retention earned directly to an escrow agent at the expense of CONTRACTOR. At the expense of CONTRACTOR, CONTRACTOR may direct the investment of the payments into securities and CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by CONTRACTOR. Upon satisfactory completion of the contract, CONTRACTOR shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from CITY, pursuant to the terms of this section.

The escrow agreement entered into pursuant to this section must be substantially similar to the form included in Public Contract Code Section 22300(e). CONTRACTOR shall obtain the written consent of its surety to such escrow agreement. Securities eligible for investment under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by CONTRACTOR and CITY.

In accordance with Public Contract Code Section 22300(d)(1), if CONTRACTOR elects to receive interest on moneys withheld in retention by CITY, CONTRACTOR shall, at the request of any subcontractor performing more than five percent of CONTRACTOR’s total bid, make that option available to the subcontractor regarding any moneys withheld in retention by CONTRACTOR from the subcontractor.

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Construction Services Agreement (Rev. 2/2/2018)
AGREEMENT or out of the operations conducted by CONTRACTOR, except for such loss or damage arising from the active negligence, sole negligence, or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR’s performance of this AGREEMENT, CONTRACTOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

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

VII. PREVAILING WAGES
A. Wage rates for this Project shall be in accordance with the General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1, for San Luis Obispo County. Wage rates shall conform with those posted at 760 Mattie Road, Pismo Beach, and the Project site.

B. The following Labor Code sections are hereby referenced and made a part of this AGREEMENT:

1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

4. Section 1813 - Penalty for Failure to Pay Overtime.

5.Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7.Section 1773.8 - Travel and Subsistence Pay.

VIII. RECORD AUDIT
In accordance with Government Code, Section 8546.7, records of both CITY and CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

IX. CERTIFICATIONS
In addition to certification and licensing requirements identified elsewhere in this agreement, CONTRACTOR shall maintain the following certifications for the duration of this AGREEMENT:

A. None
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Construction Services Agreement (Rev. 2/2/2018)
X. FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by CITY to CONTRACTOR no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the AGREEMENT fully performed, and a final Certificate for Payment has been issued by the Public Works Director/City Engineer.

XI. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this AGREEMENT in a diligent and workmanlike manner, and if CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then CITY may exclude CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this AGREEMENT or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by CITY, shall be a charge against CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from CITY, or CONTRACTOR shall pay CITY the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this AGREEMENT shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by CITY.

XII.INSURANCE
A. Prior to the beginning of and throughout the duration of the Project, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below.

CONTRACTOR may use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this AGREEMENT and which is applicable to a given loss, claim or demand, will be equally available to CITY.

CONTRACTOR shall provide the following types and amounts of insurance:

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

Council Agenda 10-21-2025 9.E-7
Attachment 2
Packet Page 43

5 of 10
Construction Services Agreement (Rev. 2/2/2018)

2. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 (06/92) covering bodily injury and property damage for all activities of CONTRACTOR arising out of or in connection with the Project, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

3. Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code et seq. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees.

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

5. Pollution liability insurance. Environmental Impairment Liability Insurance shall be 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 and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this AGREEMENT shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non- owned disposal sites.

6. Products/completed operations coverage. Coverage shall extend a minimum of three (3) years after project completion and shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage.

Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.

B. Other provisions or requirements:

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

CITY’s Risk Manager or City Attorney may waive the requirement of any insurance policy set forth herein if he/she determines that such a policy is not commercially available to CONTRACTOR, or if the risk to CITY is sufficiently minimal to render such insurance unnecessary. If such a policy is commercially available, additional cost to CONTRACTOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived. Current certification of insurance shall be kept on file with CITY at all times during the term of AGREEMENT. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements to such policies, at any time.
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Construction Services Agreement (Rev. 2/2/2018)

2. Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Project hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, elected officials, employees, and agents shall continue as additional insureds under such policies.

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

4. CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may terminate this AGREEMENT.

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

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

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

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

Council Agenda 10-21-2025 9.E-8
Attachment 2
Packet Page 44

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

10. Additional insured status. General liability and automobile insurance policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Each such insurance policy shall contain language substantially similar to the following clause:
"The City of Pismo Beach, its elected and appointed officials, officers, employees and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Pismo Beach."

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

13. Pass-through clause. CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party providing any work on the Project under the direction of CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in performing work on the Project will be submitted to CITY for review.

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

15. Self-insured retentions. Any deductibles or self-insured retention must be declared to and approved by CITY. At the option of CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects CITY, its elected and appointed officials, employees and volunteers, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Self-insurance will not be considered to comply with this paragraph unless approved by CITY.

16. Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
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17. Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Project.

XIII. CONTRACTOR'S LICENSE
CONTRACTOR must possess at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.

CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.

XIV. REGISTRATION REQUIREMENTS
Pursuant to Section 1771.1(a) of the Labor Code:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.

Except as otherwise provided in Labor Code Section 1771.1(a), no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

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

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

XV. CORPORATION IN GOOD STANDING
If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that the undersigned is authorized to act for and bind the corporation.

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XVII. SUBSURFACE HAZARDOUS MATERIALS
A. Pursuant to Public Contract Code Section 7104, in the event the Project includes trenches or other excavations extend deeper than four (4) feet below the surface, CONTRACTOR shall promptly, and before the following conditions are disturbed, notify CITY in writing of any:

1. Material that CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law;

2. Subsurface or latent physical conditions at the site differing from those indicated in the Project specifications;

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Project or the character provided for in the CONTRACT.

B. Upon receipt of said notification CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in CONTRACTOR's cost of or the time required for performance of any part of the Project, CITY will issue a change order under the procedures described in the General Conditions.

C. In the event that a dispute arises between CITY and CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in CONTRACTOR's cost of or time required for performance of any part of the Project, CONTRACTOR shall not be excused from any scheduled completion date provided for by the AGREEMENT, but shall proceed with all work to be performed under the AGREEMENT.

CONTRACTOR shall retain any and all rights provided either by AGREEMENT or by law which pertain to the resolution of disputes and protests between the contracting parties.

XVIII. COMPONENT PARTS OF THE CONTRACT
This AGREEMENT entered into consists of the following CONTRACT DOCUMENTS, all of which are component parts of the AGREEMENT as if herein set out in full or attached hereto:

In addition, all Change Orders and Work Directive Changes authorizing additions, deletions, or modifications, and all appendices, bulletins and addenda as prepared prior to the date of opening Bids setting forth any modifications or corrections or interpretations of any of said documents. In the event of any conflict between the provisions thereof, the terms of said documents shall control over each other in the following order:

1. Agreement

2. Change Orders and Work Directive Changes

3. Addenda

4. Notice to Bidders

5. Contract Proposal

6. Special Provisions

7. Technical Provisions

8. Contract Plans

9. City of Pismo Beach Standard Specifications and Drawings 10 of 10
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10. Standard Specifications for Public Works Construction, “Greenbook,” 2015 edition, or the latest edition thereof

11. Standard Plans for Public Works Construction, “Greenbook,” 2015 edition, or the latest edition thereof

12. California State Department of Transportation Standard Specifications, latest edition, when specifically referenced in the plans.

All of the above named CONTRACT DOCUMENTS are intended to be complementary. Work required by one of the above named CONTRACT DOCUMENTS and not by others shall be done as if required by all.

XIX. ENTIRE CONTRACT
This AGREEMENT constitutes the entire contract of the parties. No other agreements or contracts, whether oral or written, pertaining to the work to be performed, exists between the parties. This AGREEMENT can be modified only by an amendment in writing, signed by both parties.

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

CITY:

City of Pismo Beach, a Municipal Corporation
Signed:

Name: 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: Dean J. Pucci
Title: City Attorney
CONTRACTOR:

Granite Construction Company
Signed:

Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice:
______________________________________
______________________________________
Email address for official communications:
______________________________________
Vendor Representative:

Name/Title: ____________________________
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CITY OF PISMO BEACH

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:

Pier Avenue Stair Removal Project – Construction Management, Inspection and Administrative Services
VENDOR represents and warrants that it is qualified to perform those services.

AGREEMENT:

I. SERVICES TO BE PERFORMED BY VENDOR
VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A.

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 February 28, 2026. 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 sixty-one thousand two hundred twenty-four dollars ($61,224), unless otherwise first approved in writing by CITY. Should this AGREEMENT be extended pursuant to Section II, VENDOR’s fee may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT. 2 of 12
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B. Schedule of Payment
VENDOR will submit invoices monthly for actual services performed and associated expenses.

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.

VII. CITY REPRESENTATIVE
The Capital Projects Manager is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this AGREEMENT and to make all decisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are required by Council Agenda 10-21-2025 9.E-11
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CITY under this AGREEMENT, those actions will be taken by CITY Representative, unless otherwise stated. CITY’s City Manager has the right to designate another CITY Representative at any time, by providing notice to VENDOR.

VIII. VENDOR REPRESENTATIVE(S)

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

IX. INDEPENDENT CONTRACTOR

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

X. BUSINESS LICENSE

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

XI. OTHER LICENSES AND PERMITS

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

XII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS

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

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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.

XIII. INDEMNIFICATION

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

B. Non-design, construction Professional Services:

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, Council Agenda 10-21-2025 9.E-12
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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.

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.

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.

B. Other provisions or requirements:

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XVI. SUBCONTRACTORS

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

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

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

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

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