PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.E
Meeting Date: December 16, 2025
TITLE:
Agreement with Nichols Consulting Engineers, Chtd. for Design of the 2026 Roadway Maintenance & Slurry Seal Project
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with Nichols Consulting Engineers, Chtd. (NCE) in an amount not to exceed $107,540 for engineering design services for the 2026 Roadway Maintenance & Slurry Seal Project.
DISCUSSION:
The Fiscal Year (FY) 2026 budget and 10-Year Capital Improvement Program include an annual budget to complete light street maintenance, such as crack filling, striping, filling potholes and performing dig-outs. The 2026 Roadway Maintenance & Slurry Seal Project was developed from the recently updated Pavement Management Plan.
On October 21, 2025, staff issued a formal Request for Proposals to design and develop construction drawings and specifications for the project and prepare an engineer’s estimate of probable construction costs. On November 20, 2025, two proposals were received and evaluated by a review panel. Nichols Consulting Engineers, Chtd. was determined to be the most qualified and has been selected to perform the work.
Conclusion and Recommendation
Staff recommends the Council adopt a resolution (Attachment 1) authorizing the City Manager to enter into a Professional Services Agreement (Attachment 2) with Nichols Consulting Engineers, Chtd. in an amount not to exceed $107,540 for engineering design services for the 2026 Roadway Maintenance & Slurry Seal Project.
FISCAL IMPACT:
The fiscal impact of adopting the attached resolution is $107,540 for the engineering design phase of the project. The FY 2026 Capital Projects Fund Routine Street Maintenance project budget includes $1,000,000 for design and construction of the project.
The estimated project costs are shown in Table 1 below.
Council Agenda 12-16-2025 9.E-1
Table 1. FY 2026 Routine Street Maintenance Project Funding Item Fiscal Impact
Available Project Budget $1,000,000
NCE Contract Cost ($107,540)
Budget Surplus / (Shortfall)$892,460
When the design of the 2026 Roadway Maintenance & Slurry Seal Project has been completed, the project advertised and bids received, staff will return to the Council with a recommendation to award the construction contract based on the actual construction bids received.
ATTACHMENTS:
1. Resolution
2. Nichols Consulting Engineers, Chtd. Professional Services Agreement Prepared by:
Erin Olsen, Senior Management Analyst
Submitted by: Rosemarie Gaglione, PE, Director of Public Works City Manager Approval:
Council Agenda 12-16-2025 9.E-2
RESOLUTION NO. R-2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT WITH NICHOLS CONSULTING ENGINEERS, CHTD. IN AN AMOUNT NOT TO EXCEED $107,540 FOR ENGINEERING DESIGN SERVICES FOR THE 2026 ROADWAY MAINTENANCE &
SLURRY SEAL PROJECT
WHEREAS, the Fiscal Year (FY) 2026 budget and 10-Year Capital Improvement Program includes an annual budget to complete light street maintenance, such as crack filling, striping, filling potholes and performing dig-outs; and WHEREAS, the 2026 Roadway Maintenance & Slurry Seal Project was developed from the recently updated Pavement Management Plan; and
WHEREAS, staff issued a formal Request for Proposals to design and develop construction drawings and specifications for the project and prepare an engineer’s estimate of probable construction costs; and
WHEREAS, on November 20, 2025 two proposals were received and evaluated by a review panel; and
WHEREAS, Nichols Consulting Engineers, Chtd. 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 enter into a Professional Services Agreement, in substantially the form attached to staff’s report dated December 16, 2025, with Nichols Consulting Engineers, Chtd. in an amount not to exceed $107,540 for engineering design services for the 2026 Roadway Maintenance & Slurry Seal 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 16th day of December 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
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Attachment 1
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 12-16-2025 9.E-4
Attachment 1
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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 Nichols Consulting Engineers, CHTD. (“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:
Engineering Design Services for the 2026 Roadway Maintenance & Slurry Seal Project 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 one hundred seven thousand five hundred forty dollars ($107,540), 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 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 Council Agenda 12-16-2025 9.E-5
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AGREEMENT, those actions will be taken by CITY Representative, unless otherwise stated. CITY’s City Manager has the right to designate another CITY Representative at any time, by providing notice to VENDOR.
VIII. VENDOR REPRESENTATIVE(S)
The person(s) employed by VENDOR whose name(s) are set forth immediately following the signatures of the parties executing this AGREEMENT are designated as being the representative(s) of VENDOR authorized to act on its behalf with respect to the work specified in this AGREEMENT and make all decisions in connection with this AGREEMENT.
IX. INDEPENDENT CONTRACTOR
VENDOR is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its elected officials, officers, employees or agents will have control over the conduct of VENDOR or any of VENDOR’s employees, except as otherwise set forth in this AGREEMENT and then only as to the results to be accomplished and not the method by which VENDOR provides the Scope of Services. VENDOR may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
X. BUSINESS LICENSE
VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.
XI. OTHER LICENSES AND PERMITS
VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT.
XII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS
A. VENDOR shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this AGREEMENT. VENDOR shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services.
B. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. VENDOR shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or
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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.
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, Council Agenda 12-16-2025 9.E-6
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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.
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,
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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.
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 Council Agenda 12-16-2025 9.E-7
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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 Council Agenda 12-16-2025 9.E-9
Attachment 2
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Vendor Agreement (Rev. 3/2024)
will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.
XXVII. EXHIBITS
All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference.
In the event of any conflict between the terms of this AGREEMENT and the terms of an exhibit, the terms of this AGREEMENT shall control. Notwithstanding the foregoing sentence, the provisions of Section XIII of this AGREEMENT shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this AGREEMENT, even if such exhibit purports to affect the provisions of Section XIII.
XXVIII. VENDOR’S AUTHORITY TO EXECUTE
The persons executing this AGREEMENT on behalf of the VENDOR warrant that:
A. the VENDOR is duly organized and existing under the appropriate State laws; B. they are duly authorized to execute this AGREEMENT on behalf of the VENDOR; C. by so executing this AGREEMENT, the VENDOR is formally bound to the provisions of this AGREEMENT; and
D. entering into this AGREEMENT does not violate any provision of any other AGREEMENT to which the VENDOR is bound.
XXIX. INTEGRATION; AMENDMENT
This AGREEMENT represents the entire understanding of CITY and VENDOR as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this AGREEMENT. The AGREEMENT may not be modified or altered except in writing signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.
Signatures begin on next page.
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Vendor Agreement (Rev. 3/2024)
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
VENDOR:
Nichols Consulting Engineers, CHTD.
Signed:
Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice (See Section XVIII):
______________________________________
______________________________________
Email address for official communications:
______________________________________
Vendor Representative (See Section VIII):
Name/Title: ____________________________
Attachments:
Exhibit A: Scope of Service
Exhibit B: Compensation Schedule
Council Agenda 12-16-2025 9.E-10
Attachment 2
City of Pismo Beach – 2026 Roadway Maintenance & Slurry Seal Project 14
5. Statement of Understanding and Scope of Work
5.1 Project Understanding
Based on the City’s RFP and NCE’s previous work with the City on the PMP project, NCE understands the City is seeking a consultant to provide professional civil engineering and pavement engineering services for the 2026 Roadway Maintenance & Slurry Seal Project. We understand the limits of work are per attachment B in the RFP, including a map and street list. The project scope includes approximately 4.4 miles of residential streets as well as the Spyglass Parking Lot.
For this proposal, NCE conducted a preliminary desktop review of these project sites to gain further knowledge of the current pavement conditions, ADA compliance of curb ramps, condition of existing sidewalks, and curb and gutter deficiencies. This review provides us with greater insight into the existing site conditions and confidence that our approach will meet the stated objectives contained in the RFP.
Based on our preliminary pavement condition review of the 4.4 miles of residential streets included in this RFP, the pavement is generally in Good to Very Good condition. These streets are strong candidates for slurry seal and other cost- effective pavement preservation treatments that will effectively extend service life. The Spyglass Parking Lot will also be evaluated as part of this project. Initial observations indicate that it is in similarly good condition and is likely well-suited for a preservation treatment such as slurry seal.
As a primarily maintenance-based project, we understand that the City seeks an effective design approach to maximize the number of streets incorporated. NCE’s approach will leverage our detailed understanding of the City’s existing pavement network and design experience from road rehabilitation projects across California to provide innovative solutions to data collection and plan preparation.
5.2 Project Approach
Pavement Design
NCE understands that the project revolves primarily around pavement maintenance for the selected roadways. This means most of the project streets are candidates for preventative maintenance treatments such as slurry seals or cape seals. During the project, one of NCE’s pavement engineers will perform a detailed pavement condition survey of each street section based on visible distresses and the holistic condition of the roadway that goes beyond the typical PMP and focuses on underlying causes for pavement deterioration.
Our visual pavement investigation will be summarized in tabular form for the City’s review and approval prior to beginning work with the detailed PS&E. With our visual investigation, we will also be able to provide pavement alternatives, including recycled materials and rubberized surface layers and interlayers that are efficient at crack mitigation for maintenance streets and provide a smooth, quiet ride for residents. This will optimize the City’s crucial maintenance funds to provide the most cost-effective pavement treatments.
NCE engineers will identify, and mark localized base repairs (digouts), which are typically among the most significant cost components of an annual pavement preservation program. If streets included in the RFP exhibit indications of more substantial pavement design concerns during NCE’s visual design review, NCE will promptly inform the City early in the design phase to discuss appropriate design solutions.
Potential issues may include excessive asphalt concrete (AC) buildup from previous slurry seals or overlays along the shoulders, resulting in a pavement lip at the gutter pan. This condition can create challenges for parked vehicles and may impact the performance of new pavement treatments. NCE will assist the City in evaluating edge-milling or micro-milling options to correct shoulder grades for proper accommodation of additional rehabilitation or preservation treatments.
Identification of these issues is essential for developing reliable preliminary cost estimates before advancing to final design.
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City of Pismo Beach – 2026 Roadway Maintenance & Slurry Seal Project 15 Prior to the development of the 30% plans, NCE will present the preliminary findings of our pavement investigation, including alternatives for the City’s input to guide the overall program. This will also allow our integrated pavement and civil design team to suggest revisions to our scope and approach, including possible revisions to the paving limits or, if necessary, the addition or removal of entire street segments to better meet the City’s budgetary constraints. We’re able to provide this detailed cost analysis based on years of experience developing similar street preservation programs and understanding the associated cost implications of ADA curb ramp repairs and other roadway construction elements prior to the formal plans development. Providing this high-level summary before producing 60% plans allows us to avoid unnecessary revisions to the street list after development of the 60% plans, helping lead to smoother, more efficient, and cost-effective PS&E development.
Concrete Design
As part of the street maintenance programs, we understand the City also wishes to meet the requirements for ADA compliance of curb ramps at intersections. As the cost of Portland Cement Concrete (PCC) curb ramps may be a large component of a roadway’s maintenance costs, it’s important to have a clear understanding of the existing conditions and extent of required design.
It is assumed that curb ramps containing a detectable warning surface (colored tile) are ADA-compliant and will not be reviewed for ADA compliance. As part of our preliminary assessment, our team reviewed the existing intersections and estimates that of 91 corners, approximately 39 are non-compliant, as shown in the table below. During the design, our team will collect basic information utilizing hand tools sufficient to identify the curb ramp standard plan type. Due to the hilly nature of some of the project streets, special consideration will be given to the development of ADA-compliant curb ramps, which may need to have maximum 15-foot-long flares in accordance with the latest Public Right-of-Way Accessibility Guidelines. This will help the City conserve funding and avoid “chasing the grade” of existing roadways. We’ll also note the presence of utilities at the intersection corners to help minimize costly change orders or Request for Information (RFI) during the construction of curb ramps.
Curb Ramp Counts
Compliant Non-Compliant No Sidewalk
30 39 22
As an optional task, our team may also collect severe damage to the concrete curb and gutter, which may be repaired as part of the maintenance project to avoid disturbing the newly placed paving maintenance treatments.
Basemap and PS&E
As the project is primarily roadway maintenance, NCE will prepare a GIS Map in lieu of engineering plans at the 30% draft milestone in conjunction with an engineer’s estimate of probable construction cost.
NCE has had success completing hundreds of designs for roadway maintenance projects without the need for topographic survey but instead utilizing a combination of aerial imagery for the tracing of paving limits, GIS Parcel maps, and supplemental field surveys by our staff for relevant design elements. This has provided many of our clients with cost- effective solutions to tackling city-wide maintenance projects. NCE will provide 1” = 80” plans for maintenance projects, including a more streamlined vicinity map approach with roadway centerline data, accompanied by relevant summary tables identifying major work items.
Despite well thought out PS&Es, there may always exist unknown field conditions and questions that arise during construction. NCE is confident in our pavement engineering design recommendations and will be available to the City to provide pavement design services during bidding and construction. One such service is helping City staff re-mark base repairs with the Contractor to avoid potential misunderstanding and costly overruns during the construction of base repairs.
Assumptions:
x City to provide available utility data, as-builts, and relevant design standards. x Road maintenance, including curb ramps, can be designed within the existing City ROW.
Council Agenda 12-16-2025 9.E-11
Attachment 2
City of Pismo Beach – 2026 Roadway Maintenance & Slurry Seal Project 16 x No major re-grading and drainage re-design or drainage analysis is required, which will require topographic surveying.
x No permits are anticipated.
x No anticipated geometric alterations to intersections or lane reconfigurations. x Striping and markings will generally be replaced in “like-kind”. x No signage plans are required.
x No utility relocation design.
5.3 Scope of Services
Task 1 – Meetings and Reports
NCE’s Project Manager, Jim Bui, PE, will serve as the City’s single point of contact and will have primary responsibility for coordinating the efforts of the project team. Specific project management tasks to be conducted by Jim include monthly budgeting, invoicing, scheduling, and general project administration. Jim will arrange a kick-off meeting with the City to initiate the work. The objectives of the kick-off meeting will be:
x Review the scope of work.
x Establish paths of communication.
x Review project schedule and critical milestones.
x Review project requirements, including design
objectives, budget, constraints, and criteria. The
City’s requirements will be further defined during
the meeting.
x Review and discuss the pertinent City standards,
provisions, and practices.
x Review City Standard Design Criteria and the
latest City-adopted formats.
x Request background information and as-builts.
x Obtain electronic files of the City’s cover sheet
template, title block, and CAD Standards.
Whether a simple preventative maintenance project or a complex reconstruction project, it is critical to establish effective lines of communication with and coordination among the various stakeholders from the start to deliver a high-quality project within budget and on schedule. At the kick-off meeting, key deliverables for each task and the project schedule will be reviewed and adjusted accordingly to meet the City's needs.
The following meetings are included in the scope:one (1) in-person, kick-off/preliminary meeting, as-needed monthly virtual progress meetings (up to four [4]), and up to three (3) in-person PS&E submittal review meetings. The purpose of these meetings will be to confirm project limits, identify and resolve design issues that may surface, present design alternatives and recommendations, and continue coordination with project stakeholders, as necessary. Progress meetings are available in-person as required per the RFP, but may also be conducted virtually as a cost-saving measure.
Deliverables: Kick-Off meeting, monthly progress meetings, and PS&E Review meeting agendas and minutes.
Task 2 – Preliminary Engineering Services
Task 2.A. Background Research
Task 2.A.1 Monument Research
NCE will use the County of San Luis Obispo Public Works Survey Maps GIS website and the County of San Luis Obispo Public Works Map index to research survey monuments and corner records for streets within the project. This research will help determine the recorded locations of survey monuments that may be encountered during construction. NCE will visually verify the existence of these facilities for protection and callout on the plans. The preliminary results of the research will be summarized in Excel for City review and discussion of appropriate protection measures based on the anticipated pavement and concrete improvements.
Deliverables:Summary of Survey Monument Findings (MS Excel) City of Pismo Beach – 2026 Roadway Maintenance & Slurry Seal Project 17 Task 2.A.2 Utility Coordination (Optional)
NCE will coordinate with utility agencies early in the design process of the street maintenance project to help avoid potential construction delays and unnecessary disruptions to public services. Utility coordination will be a critical item to keep utilityproviders informed about the project and schedule to allow for proper notification and planning should utility providers have planned maintenance projects within the subject street sections and/or need to lower/adjust their utilities to accommodate street maintenance. As this is a pavement maintenance project, we assume there will not be a need for utility relocations.
NCE will utilize a City-provided utility contact list and prepare a Utility “A Letter” on City letterhead for City distribution.
Working with other agencies, we have observed that utility letters receive more prompt attention when distributed by a City. This can also help avoid utility agencies assessing additional mapping and reproduction costs, thus resulting in cost- effective utility coordination. NCE will then track the progress of inbound and outbound responses in a utility tracking matrix. NCE will coordinate with the City so that the early notification following our revised treatment recommendation list from Task 2.B will allow utility providers to perform maintenance on their facilities prior to the moratorium on the street paving area.
Once the 90% PS&E has been prepared, or at a later City-preferred milestone, NCE will also prepare a Utility “B Letter” on City letterhead for City distribution. This second letter will inform utility agencies of impending construction and clear the way for successful project bidding and construction.
Deliverables: Utility Notification “A Letters” and Utility Contact Matrix; Utility Notification “B Letters” and Utility Contact Matrix.
Task 2.B. Pavement Design
Task 2.B.1 Pavement Surveys and Design
For each of the streets in the project, one of NCE’s pavement engineers will perform a pavement condition survey of each street section based on visible distresses to determine the most appropriate design recommendations. Understanding the most suitable design treatments, one of NCE’s engineers will mark base repair (digout) locations in the field in white paint and tabulate quantities. The surveys go beyond those conducted as part of the PMP and will generally cover the travel and parking lanes. These surveys will help validate the preliminary results and recommendations of the City’s Pavement Management Report. During the survey, NCE will identify and document obvious constructability issues, including existing asphalt concrete build-ups where performing a slurry seal would require a wedge grind along the gutter lip to avoid problems.
If desired by the City, NCE’s pavement engineers will meet with the City staff for a calibration site visit prior to the pavement condition surveys to provide an opportunity to review a subset of the streets together.
The results of the pavement condition survey will be summarized in tabular form by street segment, including proposed treatments and costs as part of a 30% deliverable. If the pavement treatments require adjustment to fit within the City’s target construction budget, we can make early adjustments to the treatments or paving limits, saving valuable design efforts. Following this analysis, NCE will prepare a comprehensive technical memorandum summarizing the finalized street selections and recommended rehabilitation and preservation treatments for City review and approval, which will be the basis of commencing the 60% PS&E.
NCE will document localized base repairs using Global Positioning System (GPS) equipment with a typical accuracy of up to 2-5 feet. The collected data will be processed in GIS and delivered as a KMZ file, detailing the street name, address, and dimensions of each repair.
Our scope of work and condition surveys do not address issues including, but not limited to, traffic, safety, and road hazards, geometric issues, or short-term maintenance that should be performed (i.e., pothole repairs).
Deliverables:Pavement Treatment Recommendations Table including preliminary construction costs; Pavement Treatment Recommendations GIS Figure for each maintenance area; Pavement Evaluation Memo; and Base Repair photo log (KMZ) with geo-tagged locations.
Council Agenda 12-16-2025 9.E-12
Attachment 2
City of Pismo Beach – 2026 Roadway Maintenance & Slurry Seal Project 18 Task 2.C. Field Data Collection
Task 2.C.1 Field Data Collection
NCE’s approach to data collection and basemap preparation will be based on publicly available aerial imagery and San Luis Obispo County GIS Parcel data. Our team will supplement this basemap by collecting key roadway information suitable for the development of the surface seal plans. NCE’s engineers and field staff will walk the project streets and collect key geometric information such as roadway widths and cross slopes in the shoulder utilizing hand tools, including measuring wheels, tape measures, and digital smart levels.
Surface visible utilities, including manhole lids, pull boxes, valve boxes, traffic signal detector loops, and catch basins within the paving limits, will be approximately located in the field using GIS methods through a combination of handheld GPS devices and publicly available aerial imagery. Underground utility mapping, such as utility potholing or GPR, is not included.
Intersection corners with sidewalks and no curb ramp or curb ramps missing a detectable warning surface will be assessed for key curb ramp layout information. As part of our preliminary reconnaissance, we identified 39 non-compliant curb ramps, plus 22 corners that do not have sidewalks. Data collection for these curb ramps includes the curb height on both sides of the proposed ramp location, existing sidewalk widths, and prevailing sidewalk slope. The presence of major utilities in the sidewalk, such as catch basins, traffic signals, and utility vaults or pull boxes, will also be noted during our assessment.
Striping and markings will be recorded, including lane widths for the development of project striping plans.
Task 2.C.2 Curb and Gutter Inventory (Optional)
If the City is interested, NCE may also collect curb and gutter repairs for severely damaged segments, as in the case of tree-root related uplift and areas obviously uplifted at the flowline and impeding drainage, including marking repair locations in white paint for easy identification. Attributes may include the type and width of curb and gutter (as they vary across project streets), major distress, presence of existing failed repairs, tree-root-related damage, and repair length.
This data could be provided to the City in a repair booklet identifying the nearest adjacent address and representative photo for reference during City review andmay be used by the City’s inspector during Construction to aid with re-locating the repair locations. Redesign of large-scale drainage systems is not included in this scope of work.
Deliverables: Electronic Deliverables - Curb and Gutter Inventory and Repair booklet (PDF) Task 3 – Plans, Specifications & Estimates (PS&E)
Task 3.A. 30% Preliminary Concept and Cost
Based on the collected field data under Task 2, the 30% concept basemap will incorporate preliminary pavement treatments into a GIS Map. A preliminary cost estimate will be prepared, identifying major work items such as roadway surface seals, wedge grinds, micromilling, digouts, curb and gutter improvements, ADA Curb Ramps, striping, and signage.
Identifying major work items will help highlight budgetary challenges or concerns at this time. From the preliminary concept, NCE will have a scope refinement meeting to discuss the pavement treatment alternatives and adjust our approach before proceeding into the PS&E Phase.
Deliverables: Electronic Deliverables - 30% Concept GIS Map (PDF) and 30% draft Engineer’s Estimate of Probable Construction Cost (PDF)
Task 3.B. 60% PS&E
The 60% draft PS&E will incorporate the various data collection efforts, basemap information, and pavement design compiled as part of previous tasks, including available as-built information from the City. The 60% roadway plans will incorporate typical design elements, including roadway improvement plans, striping plans, pavement treatment details, base repairs (digouts) locations and quantities, wedge grinds, and limits of paving work. Surface visible utility structures within the paving footprint will be identified on the Plans for either adjustment or protection as appropriate. Similarly, City of Pismo Beach – 2026 Roadway Maintenance & Slurry Seal Project 19 existing monumentation will be identified for adjustment or protection. In general, no sidewalk information will be depicted on the plans.
Curb ramp replacements will only be a relevant Standard Plan callout with Case or type denoted; no general layout or ramp detail will be provided.
The Plans will be prepared in AutoCAD Civil 3D 2024 or a similar format on 24” x 36” sheets, utilizing the City Title Block and CAD Template as agreed upon during Task 1 and drawn at a scale of 1” = 80’ or similar. Striping plans will generally only include replacement of pavement striping and markings in like-kind.
Anticipated 60% Plan List:
x (1) – Title Sheet with Location Map, Vicinity Map, and Notes. x (6) – Vicinity Map Improvement Plan Sheet with digouts (1” = 80’) x (6) – Vicinity Map Striping Improvement Plan Sheet (1” = 80’) x (1) – Construction Details Sheet
The Engineer’s Estimate of Probable Construction Cost will be prepared in Microsoft Excel format using a Bid Item format and will be based on recent construction cost data available to NCE for projects of this type. Because of NCE’s involvement in the design and construction of numerous similar projects across California, as well as the City’s PMP, we are confident in our ability to estimate the construction cost of the City’s project.
NCE assumes the City will provide boilerplate specifications suitable for the development of the roadway rehabilitation project in Microsoft Word format. NCE will provide revisions to the Special Provisions related to the specifications for materials or construction related to our bid items using the 2024 APWA “Greenbook” Specifications and the General “Front End” Specifications.
Deliverables: Electronic Deliverables - 60% draft plans (PDF), 60% draft Engineer’s Estimate of Probable Construction Cost (PDF), 60% Special Provisions (Microsoft Word), and 60% General “Front End” Specifications Task 3.C. 90% PS&E
The 60% PS&E will be revised to incorporate design review comments received from the City. NCE will meet with the City to review these comments, from which the Draft 90% PS&E will be prepared. NCE will further refine the design to a 90% level of design at this stage. This will include fine-tuning of improvement plans for the pavement maintenance of streets and additional detailed development. The draft 90% PS&E will then be packaged and submitted similarly to the 60% PS&E, unless directed otherwise.
Deliverables:Electronic Deliverables - 90% draft plans (PDF), 90% draft Engineer’s Estimate of Probable Construction Cost (PDF), 90% Special Provisions (MS Word), and 90% General “Front End” Specifications Task 3.D. Final PS&E
The 90% PS&E will be prepared to incorporate final design review comments received from the City. NCE will meet with the City to review these comments, from which the Final PS&E will be prepared. The Final PS&E will be stamped and signed by a registered professional engineer and packaged in a digital bid-ready format.
Deliverables:Electronic Deliverables - Final plans (PDF), Final Engineer’s Estimate of Probable Construction Cost (PDF), Final Special Provisions (MS Word), and Final General “Front End” Specifications Task 4 – Engineering Support During Bidding
NCE will provide bidding support services to the City. The bidding support services are anticipated to include attendance at the virtual pre-construction conference, responding to one round of written contractor inquiries from a question-and- answer (Q&A) phase, providing revisions to the bid documents due to clarifications from the Q&A phase, and preparing up to 1 Bid Document Addendum.
Council Agenda 12-16-2025 9.E-13
Attachment 2
City of Pismo Beach – 2026 Roadway Maintenance & Slurry Seal Project 20 The limited number of hours to provide bidding support in the Fee Estimate is an estimate only. The actual cost will be dependent on the City and Contractor and will be billed on a time and materials basis.
Deliverables: As-needed bidding, Q&A responses, and bid document addenda (up to one [1]) Task 5 – Engineering Support During Construction (Optional) NCE is also available to provide the City with construction support services as an optional task.
We assume the project construction phase will be professionally managed by the City’s Construction Manager, including the required inspection staff. At a minimum, the construction support services are anticipated to include attendance at the construction kick-off meeting, responding to contractor requests for information (assume up to three [3] RFI), and providing recommendations for necessary changes to the construction documents due to unforeseen field conditions.
Construction support will also include material submittal review for conformance with the NCE-developed Special Provisions.
For a typical roadway rehabilitation project, we anticipate the following material submittals to be reviewed by NCE:
x Maintenance Seal Submittal (Slurry, Cape Seal,
Microsurfacing, etc.)
x Tack Coat Submittal.
x Curb Ramp PCC Mix Design.
x ADA Detectable Warning Surface Submittal.
x Utility Frame and Cover or Manhole Adjustment
PCC Mix Design.
x Aggregate Base for Base Repairs.
x Permanent and Temporary Pavement Striping
and Markings Submittal.
The limited number of hours to provide bidding and construction support services in the Fee Estimate is an estimate only.
The actual cost will be dependent on the City and Contractor and will be billed on a time and materials basis.
Deliverables: As-needed RFI responses (up to three [3]) and submittal review during construction.
Task Description Principal
Project
Manager
QC/QA
Manager
Project
Engineer I
StafĨ
Engineer II
Staff
Engineer I
Tech Editor /
Clerical
Sub-Total
Hours Labor Expenses
Reimbursable
Expenses Total Cost
Rate $300 $225 $300 $185 $175 $160 $110
1. Meetings and Reports
A. Meetings and Reports 2 24 8 8 8 50 9,760$ $ 6,700 $ 16,460 Sub-Total 2 24 8 8 8 50 9,760$ 6,700$ 16,460$
2. Preliminary Engineering Services
A.1 Monument Research 4 18 6 2 30 5,230$ $ 100 $ 5,330 A.2 Utility Coordination (Optional)4 616228 4,730$ $ 100 $ 4,830 B.1 Pavement Surveys and Design 2240 24 1 69 12,400$ $ 2,100 $ 14,500 C.1 Field Data Collection 4 12 40 1 57 9,510$ $ 2,100 $ 11,610 C.2 Curb and Gutter Inventory (Optional)2 618127 4,490$ $ 1,100 $ 5,590 Sub-Total (Without Optional) 10 2 40 30 70 4 156 27,140$ $ 4,300 $ 31,440 Sub-Total (With Optional) 16 2 40 42 104 7 211 36,360$ $ 5,500 $ 41,860
3. Plans, Specifications & Estimates
A. 30% Preliminary Concept 2 4 4 8812 240 7,720$ $ 200 $ 7,920 B. 60% PS&E 1 16 8 12 40 60 4 141 25,560$ $ 200 $ 25,760 C. 90% PS&E 1 8 6 82432 4 83 15,140$ $200 $ 15,340 D. Final PS&E 1 4 4 61212 2 41 7,750$ $200 $ 7,950 Sub-Total 5 32 22 34 84 116 12 305 56,170$ 800$56,970$
4. Engineering Support During Bidding
A. Design Services During Bidding 1 4 6212 2,470$ $200 $ 2,670 Sub-Total 1 4 6 2 12 2,470$ 200$2,670$
5. Engineering Support During Construction
(Optional)
A. Design Services During Construction 3 8488 230 7,000$ $ 1,000 $ 8,000 Sub-Total (With Optional) 3 8 4 8 8 230 7,000$ 1,000$ 8,000$ Total (Without Optional) 8 70 24 82 128 186 26 523 $ 95,540 $ 12,000 $ 107,540 Total (With Optional) 11 84 28 90 148 220 31 608 $ 111,760 $ 14,200 $ 125,960 City of Pismo Beach
2026 Roadway Maintenance & Slurry Seal Project
Fee Estimate (11-20-2025)
Labor Hours
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Council Agenda 12-16-2025 9.E-14
Attachment 2
SCHEDULE OF CHARGES 2025(1)
PROFESSIONAL SERVICES
Principal ……………………………………………………………………………………………………….$300/hour Associate........................................................................................................... $270/hour Senior II …………................................................................................................. $225/hour Senior I .......................................................................................................... $210/hour Project II ........................................................................................................... $200/hour Project I ............................................................................................................ $185/hour Staff II ............................................................................................................... $175/hour Staff I ................................................................................................................ $160/hour
TECHNICAL SERVICES
Senior Construction Manager(2)........................................................................ $185/hour Construction Inspector(2).................................................................................. $170/hour Senior Designer................................................................................................. $175/hour CADD Designer.................................................................................................. $155/hour CADD/GIS Technician........................................................................................ $130/hour Senior Field Scientist......................................................................................... $140/hour Field Scientist.................................................................................................... $120/hour Senior Technician(2)........................................................................................... $170/hour Field/Engineering Technician(2)......................................................................... $145/hour Project Administrator....................................................................................... $120/hour Technical Editor................................................................................................ $110/hour Clerical.............................................................................................................. $110/hour
CONTRACT LABOR
From time to time, NCE retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor will be charged at regular Schedule charges.
LITIGATION SUPPORT
Engineer/Scientist............................................................................................. $435/hour Court Appearances & Depositions.................................................................... $605/hour
EQUIPMENT
Plotter Usage................................................................................(separate fee schedule) Truck...................................................................................................................$130/day Automobile..................................................................... IRS Standard Mileage Rate+10% Falling Weight Deflectometer Testing.............................................................$5,000/Day Coring ..............................................................................................................$6,000/Day Environmental Equipment............................................................(separate fee schedule)
OUTSIDE SERVICES
Rental of equipment not ordinarily furnished by NCE and all other costs such as special printing, photographic work, travel by common carrier, subsistence, subcontractors, etc. .......................................................................................................................... cost + 10%
COMMUNICATION/
REPRODUCTION In-house costs for postage, printing and copying ............................................................. .................................................................................................project labor charges x 5% TERMS
Billings are payable upon presentation and are past due 30 days from invoice date. A finance charge of 1.5% per month, or the maximum amount allowable by law, will be charged on past-due accounts.
NCE makes no warranty, either expressed or implied, as to its findings, recommendations, specifications, or professional advice except that they are prepared and issued in accordance with generally accepted professional practice.
Notes:(1) 2025 Rates are valid until December 31, 2026. Fixed rates listed are subject to a 3.0% increase effective on January 1st of the subsequent year. (2) A surcharge of $25/hour has been applied for technicians and construction inspectors to comply with Prevailing Wage (PW) per requirements of California Department of Industrial Relations.
Council Agenda 12-16-2025 9.E-15
Attachment 2