Pismo Beach City Council
December 16, 2025

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.C
Meeting Date: December 16, 2025
TITLE:

Award of Contracts to The J.F. Will Company, Inc. and Filippin Engineering, Inc. for the Ventana Sports Courts Project; Public Art Direction; Related Budget Adjustments
RECOMMENDATION:

Adopt a Resolution:

1. Authorizing the City Manager to:

1. Execute a construction contract with The J.F. Will Company, Inc. for the Ventana Sports Courts Project in the amount of $2,235,557.28; and

2. Enter into a Professional Services Agreement with Filippin Engineering, Inc. in an amount not to exceed $440,159 for Construction Management, Inspection, and Administration Services; and

2. Directing a public art in-lieu contribution for the project; and

3. Appropriating related budget adjustments in Fiscal Year 2026.

DISCUSSION:

The Ventana Sports Courts project will construct a new public recreational facility on an undeveloped site located to the west side of Ventana Drive, across from Chumash Park.

Improvements will include construction of one tennis court, two pickleball courts, a paved public parking area, a new crosswalk across Ventana Drive featuring Rectangular Rapid Flashing Beacons (RRFBs), a center refuge island, and accessible curb ramp upgrades to improve pedestrian connectivity between the courts and Chumash Park.

Construction
The project was advertised for construction and one bid was received on November 20, 2025 from The J.F. Will Company, Inc. (J.F. Will). J.F. Will’s bid is $2,235,557.28. Staff has verified J.F. Will’s references and qualifications, and recommends the Council adopt a resolution (Attachment 1) awarding a contract (Attachment 2) to J.F. Will in the amount of $2,235,557.28 for construction of the project.

Construction Management
On October 22, 2025 staff issued a formal Request for Proposals (RFP) for Construction Management, Inspection and Administration Services for the construction of the Ventana Sports Courts Project. On November 20, 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.

Council Agenda 12-16-2025 12.C-1

If approved, staff anticipates construction beginning as soon as possible. A communication plan will be developed to keep neighboring property owners informed of the construction schedule and any anticipated impacts.

Conclusion and Recommendation
Staff recommends that the Council adopt a resolution (Attachment 1) authorizing the City Manager to execute a construction contract with J.F. Will for the Ventana Sports Courts Project in the amount of $2,235,557.28 and enter into a Professional Services Agreement with Filippin in an amount not to exceed $440,159 for Construction Management, Inspection and Administrative Services, directing a public art in-lieu contribution for the project, and appropriating related budget adjustments in Fiscal Year (FY) 2026.

More discussion about the public art contribution is provided in the Fiscal Impact section below.

FISCAL IMPACT:

The fiscal impact of adopting the subject resolution is a total estimated cost of $2,899,271.28 to construct the project. The total estimated cost includes construction; construction management, inspection, and administrative services; and a 10% contingency. The FY 2026 Capital Projects Fund Ventana Sports Courts project budget includes $2,479,999.00 for construction of the project, leaving a projected shortfall of $419,739.38.

Staff recommends that the Council appropriate an additional $419,740.00 in the Capital Projects Fund, supported by Transaction Sales Tax Fund revenues to cover the additional cost, and appropriate 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 (J.F. Will) $2,235,557.28
10% Contingency $223,555.00
CM Costs (Filippin) $440,159.00
Total Project Cost $2,899,271.28
Ventana Sports Courts Budget $2,479,531.90
Budget vs Project Cost Surplus / (Shortfall) $(419,739.38) Proposed Budget Amendment $419,740.00
Council Agenda 12-16-2025 12.C-2

Public Art
Per City’s Municipal Code Section 15.49.025, private and municipal developments with building development costs of more than $250,000.00 shall devote an amount not less than one percent of such costs for acquisition and installation of public art. These funds are supported by the General Fund unassigned fund balance. Staff recommends the Council appropriate, as part of the attached resolution, one percent of the construction cost ($22,355) to be deposited into the Public Art Account to fund a future public art project in FY 2026.

ATTACHMENTS:

1. Resolution

2. J.F. Will 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 12-16-2025 12.C-3

RESOLUTION NO. R-2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,

CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSTRUCTION CONTRACT WITH THE J.F. WILL COMPANY, INC. FOR THE VENTANA SPORTS COURTS PROJECT IN THE AMOUNT OF $2,235,557.28;

ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH FILIPPIN ENGINEERING, INC. IN AN AMOUNT NOT TO EXCEED $440,159 FOR

CONSTRUCTION MANAGEMENT, INSPECTION, AND ADMINISTRATION

SERVICES, DIRECTING A PUBLIC ART IN-LIEU CONTRIBUTION FOR THE

PROJECT, AND APPROPRIATING RELATED BUDGET ADJUSTMENTS IN FISCAL YEAR 2026
WHEREAS, the Ventana Sports Courts project will construct a new public recreational facility on an undeveloped site located to the west side of Ventana Drive, across from Chumash Park; and
WHEREAS, the project was advertised for construction and one bid was received on November 20, 2025 from The J.F. Will Company, Inc.; and WHEREAS, staff has verified J.F. Will’s references and qualifications; and WHEREAS, a formal Request for Proposals for Construction Management, Inspection and Administration Services for the construction of the Ventana Sports Courts Project was issued; and
WHEREAS, on November 20, 2025 two proposals were received and evaluated by a review panel; 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 December 16, 2025, with J.F. Will for the Ventana Sports Courts Project in the amount of $2,235,557.28.

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 December 16, 2025, with Filippin in an amount not to exceed $440,159 for Construction Management, Inspection and Administrative Services.

Attachment 1
Council Agenda 12-16-2025 12.C-4

BE IT FURTHER RESOLVED by the City Council of the City of Pismo Beach that in lieu of construction of public art at the project site, a contribution shall be made to the Public Art Fund in the amount of one percent of the project value.

BE IT FINALLY RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $419,740 in the Capital Projects Fund Ventana Sports Courts project, supported by a transfer from the Transaction Sales Tax Fund, and appropriates related transfers between funds to support the project; and appropriates $22,355 to the Public Art account from the General Fund unassigned fund balance per the City’s Municipal Code Section 15.49.025 Public Art Program, in Fiscal Year 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 16th day of December 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
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 The J.F. Will Company, Inc., a corporation ("CONTRACTOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. SCOPE OF WORK

CONTRACTOR shall perform within the time set forth in Article 2 of this AGREEMENT and shall furnish at its own cost all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the construction of one tennis court, two pickleball courts, a paved public parking area, a new crosswalk across Ventana Drive featuring Rectangular Rapid Flashing Beacons (RRFBs), a center refuge island, and accessible curb ramp upgrades for the Ventana Sports Courts 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 150 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 two million two hundred thirty-five thousand five hundred fifty-seven dollars and twenty-eight cents ($2,235,557.28).

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

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shall make progress payments on account of the Contract Sum to CONTRACTOR as provided in the General Conditions.

This AGREEMENT is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to CONTRACTOR of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This AGREEMENT hereby incorporates the provisions of Article 1.7 as though fully set forth herein.

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

V. RETENTION OF SECURITIES

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

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

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

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

VI. INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT

To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, Attachment 2
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including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of CONTRACTOR’s performance or CONTRACTOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by CONTRACTOR, except for such loss or damage arising from the active negligence, sole negligence, or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR’s performance of this AGREEMENT, CONTRACTOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

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

VII. PREVAILING WAGES

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

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

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

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

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

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

VIII. RECORD AUDIT

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

IX. CERTIFICATIONS

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

A. None

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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.

Attachment 2
Council Agenda 12-16-2025 12.C-7

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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. Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
i. A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
ii. Pay on behalf of wording as opposed to reimbursement; iii. Concurrency of effective dates with primary policies; iv. Policies shall “follow form” to the underlying primary policies; and v. Insureds under primary policies shall also be insureds under the umbrella or excess policies.

4. 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.

5. 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.

6. 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.

7. Products/completed operations coverage. Coverage shall extend a minimum of three (3) years after project completion and shall be included on behalf of the insured for 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.

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8. Builder’s risk insurance. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only CITY has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below.

i. The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to CITY. ii. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the site or any staging area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimits and shall be submitted to CITY prior to commencement of construction.

B. Other provisions or requirements:

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

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

2. Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Project hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations Attachment 2
Council Agenda 12-16-2025 12.C-8

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claims. CITY and its officers, elected officials, employees, and agents shall continue as additional insureds under such policies.

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

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

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

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

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

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

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

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

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of such cancellation, in writing, not later than 24 hours following the effective time of such cancellation.

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

11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.

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

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

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

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

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

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

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

Attachment 2
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XIII. CONTRACTOR'S LICENSE

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

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

XIV. REGISTRATION REQUIREMENTS

Pursuant to Section 1771.1(a) of the Labor Code:

“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”

CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.

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

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

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

XV. CORPORATION IN GOOD STANDING

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

XVI. PROVISIONS REQUIRED BY LAW

Each and every provision of law and clause required by law to be inserted in this AGREEMENT shall be deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the AGREEMENT shall forthwith be physically amended to make such insertion or correction.

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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 Attachment 2
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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:

The J.F. Will Company, Inc.

Signed:

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

Name/Title: ____________________________
Attachment 2
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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 Filippin Engineering, Inc. (“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:

Construction Management, Inspection and Administrative Services for the Ventana Sports Courts 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 four hundred forty thousand one hundred fifty-nine dollars ($440,159), 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.

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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 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 Attachment 3
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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.

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, Attachment 3
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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 Attachment 3
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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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Vendor Agreement (Rev. 3/2024)
XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING

This AGREEMENT and all exhibits are binding on the heirs, successors, and assigns of the parties.

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

XX. INTERPRETATION

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

XXI. SEVERABILITY

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

XXII. TIME OF ESSENCE

Time is of the essence in the performance of this AGREEMENT.

XXIII. GOVERNING LAW; JURISDICTION

This AGREEMENT will be administered and interpreted under the laws of the State of California.

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

XXIV. COMPLIANCE WITH STATUTES AND REGULATIONS

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

XXV. WAIVER OF BREACH

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

XXVI. ATTORNEY’S FEES

Except as provided for in paragraph XV, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this AGREEMENT (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this AGREEMENT, the prevailing party Attachment 3
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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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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:

Filippin Engineering, Inc.

Signed:

Name: ________________________________
Title: _________________________________
Dated: ________________________________

Address for giving notice (See Section XVIII):
______________________________________
______________________________________

Email address for official communications:
______________________________________

Vendor Representative (See Section VIII):

Name/Title: ____________________________

Attachments:

Exhibit A: Scope of Service
Exhibit B: Compensation Schedule
Attachment 3
Council Agenda 12-16-2025 12.C-17

PAGE 11

5.STATEMENT OF UNDERSTANDING & SCOPE OF WORK
FE understands that the City of Pismo Beach is seeking Construction Management, Inspection, and Administration Services for the Ventana Sports Courts Project—an important community recreation project delivering new pickleball courts, tennis courts, parking and access improvements, ADA upgrades, lighting, retaining walls, drainage, landscaping, irrigation, and environmental compliance measures. This project will be constructed on an active community recreation site adjacent to residential areas, a public park, and the Ventana Drive corridor, requiring careful phasing, public coordination, and continuous field oversight.

The proposed improvements include site grading and earthwork; storm drain modifications; installation of subdrains and biotreatment facilities; construction of retaining walls; AC paving for the parking lot and access routes; Portland cement concrete (PCC) improvements; construction of new pickleball and tennis courts with surfacing, striping, and equipment; installation of site lighting and electrical infrastructure; fencing and gates; landscaping and irrigation; and construction of an RRFB crosswalk. FE recognizes the importance of delivering these improvements safely, efficiently, and with minimal impacts to residents, park users, and the surrounding environment.

The project is subject to Planning Permit P25-000018, Building Permit B25-000604, environmental conditions of approval, drainage performance criteria, accessibility requirements, and City of Pismo Beach standards. FE also understands the critical environmental protections required for nesting birds, oak trees, CRLF avoidance, cultural resource protocols, and stormwater BMP implementation.

The RFP identifies six primary task categories—General Tasks, Construction Management, Contract Administration, Construction Inspection, Environmental Compliance, and Post-Construction. FE will deliver these tasks through a structured, transparent approach that aligns with City expectations and the RFP scoring criteria.

The RFP requests recommendations regarding improvements to the process to more effectively meet the City of Pismo Beach’s stated objectives. We have identified a number of potential improvements throughout Sections 5 and 6, including combining Tasks B & C for efficient management. At the outset of the project we will meet with the City to discuss the proposed efficiencies that we can offer, which could include providing a single team member ‘one-person-band’, who can provide CM and Inspection. This approach could reduce costs with a budget-friendly approach. This concept would need to be discussed thoroughly to understand the pros and cons of that approach.

Our understanding of the project and our detailed approach to each required task are described below.

5.1 UNDERSTANDING OF PROJECT CHALLENGES & REQUIREMENTS
FE has reviewed the full set of plans, technical specifications, building and planning permits, biological resources memorandum, and attachments. Based on this review, FE recognizes the following key elements of the project:

SITE DEVELOPMENT & GRADING
x Precise grading is required to achieve proper court slopes, parking lot drainage, and biotreatment performance.
x Formation of subgrade for court surfacing requires tight tolerances to support the acrylic surfacing system.

RETAINING WALLS & STRUCTURAL ELEMENTS
x Structural wall construction will require rebar inspection, formwork review, subgrade verification, and concrete
placement inspections consistent with the building permit.

DRAINAGE AND BIOTREATMENT FACILITIES
x Installation of inlets, storm drain piping, subdrains, and a biotreatment basin requires continuous inspection and
testing.
x BMPs and stormwater controls must be strictly maintained during grading and paving activities.

ATHLETIC COURT CONSTRUCTION
x Proper base preparation
x Joint layout
x Acrylic surfacing application within manufacturer tolerances x Cure time observation and documentation
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x Striping verification and equipment installation

ADA & PUBLIC ACCESS IMPROVEMENTS
x Construction of concrete pathways, ramps, and the RRFB crosswalk must adhere to ADA standards and public safety requirements.
x Temporary pedestrian controls and access management will be necessary.

LIGHTING & ELECTRICAL
x Installation of conduits, pull boxes, court lighting poles, and fixtures requires coordination with the CM, inspector, and design team.

LANDSCAPING & OAK TREE PROTECTION
x Oak tree preservation requirements include fencing, root zone protection, and monitoring.
x Landscaping and irrigation installation must achieve 75% establishment for acceptance.

ENVIRONMENTAL PROTECTIONS
x Pre-construction surveys for nesting birds and CRLF.
x Cultural resource protocols in the event of inadvertent discovery.
x Strict BMP implementation during grading and paving.

COORDINATION WITH THE COMMUNITY
x The project is adjacent to residents, Chumash Park, and active recreational users.
x Public communication and clear site signage will be critical.

DOCUMENTATION REQUIREMENTS
x The RFP requires comprehensive construction records
including:
o RFIs, submittals, pay estimates
o Daily inspection reports
o Weekly statements of working days
o Monthly progress reports
o Change order documentation
o Virtual Project Manager (VPM) document control
FE understands the importance of detailed, defensible documentation that complies with City standards and withstands audit review.

5.2 SCOPE OF WORK – FE’S APPROACH TO RFP TASKS A–F
We confirm that we will complete all of the tasks listed in the RFP; the following describes FE’s detailed approach to each of the City’s required scope.

TASK A - GENERAL TASKS
The General Tasks phase establishes the foundation for a well-managed project. Early activities—such as document review, establishing communication protocols, and setting up VPM—are essential to eliminating ambiguity, clarifying expectations, and preparing for efficient construction delivery. FE uses standardized pre-construction procedures across all projects, including structured file systems, established review workflows, and comprehensive kickoff documentation. These procedures ensure that the project begins with alignment between the City, the design team, and the contractor, and that all participants have a shared understanding of schedule, sequencing, environmental constraints, and site logistics.

As the Project Manager, and FE’s Principal In Charge, Paul Henderson will ensure all scope items and tasks are completed in accordance with the professional services agreement. Paul will provide team leadership and quality assurance for professional services for the entire duration of the project. Paul is a highly experienced project manager for public infrastructure projects. With FE’s systematic approach to scope and budget control the City can rest assured that the professional services will be delivered on time, on budget and meet the quality requirements of the project.

Attachment 3
Council Agenda 12-16-2025 12.C-18

PAGE 13

GENERAL TASKS SCOPE
x Review all construction documents, permits, and
specifications.
x Develop a communication protocol with the City Project Manager.
x Establish document control structure within the City’s VPM system.
x Perform an initial site walk to confirm existing conditions and environmental constraints.
x Support the City in resident notifications and access coordination. x Review contractor’s insurance, schedule, traffic control plan, and initial submittals.
x Prepare the pre-construction meeting agenda and lead the meeting.
x Issue pre-construction meeting minutes and distribute to all stakeholders.

GENERAL TASKS DELIVERABLES
»Pre-construction meeting minutes
»Initial submittal and RFI logs
»Site condition documentation
»Baseline schedule review comments
TASKS B & C – CONSTRUCTION MANAGEMENT & CONTRACT ADMINISTRATION The RFP identifies CConstruction Management (Task B) and CContract Administration (Task C) as separate components; however, FE proposes to combine these tasks under the leadership of Jerry Missamore, who will serve as both Construction Manager and Contract Administrator. Combining these tasks increases efficiency, improves communication, and ensures that the individual overseeing daily field activities is also the same person managing RFIs, submittals, change orders, schedules, and pay estimates. This combined CM and contract administration model reflects FE’s standard practice on many similar site development, paving, park improvement, and recreational facility projects.

Construction Management is essential to maintaining project momentum, ensuring coordination among all parties, and addressing field issues before they affect cost, quality, or schedule. FE applies a well-established set of CM systems, including weekly coordination meetings, structured communication channels, formal issue tracking, decision logs, and continuous schedule verification. Our CM approach emphasizes proactive intervention—identifying risks early, facilitating timely responses from the design team, and keeping the contractor accountable for progress and compliance.

Jerry will serve as the Construction Manager, providing leadership and coordination of all construction management and contract administration activities. He brings extensive public works construction management experience. FE’s Construction Management staff are capable of fully managing a project without active oversight and have successfully delivered services on projects funded by local, state- and federally funded projects. As Construction Manager, Jerry will be responsible for contract administration and construction engineering, including technical and administrative control of all project elements and quality assurance over the contractor’s work. He is knowledgeable of and able to apply the contract standards and specifications.

Jerry’s duties will include conducting the pre-construction conference, maintaining daily communication among the City, contractor, and design engineer, and overseeing field activities to ensure safe, timely, and compliant execution of the work. He will review traffic control plans, lead weekly construction meetings, prepare progress reports, and maintain project records in the City’s Virtual Project Manager system. Supporting Jerry in these efforts, Cheril will serve as the Office Engineer, providing dedicated assistance with project documentation, recordkeeping, and administrative tracking to ensure that all submittals, RFIs, correspondence, and payment records are accurately maintained. Together, Jerry and Cheril will manage documentation flow, verify contract compliance, and support the City through final project closeout and approval of all project paperwork.

As noted earlier FE is currently utilizing VPM for the City’s Pier Avenue Stairs Removal project, which we will continue to utilize for contract administration and document control on the Ventana Sports Courts project.

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FE will provide daily and weekly management of all construction activities, including:

CONSTRUCTION MANAGEMENT SCOPE
x Construction Management Plan/Coordination of
Execution
x Project Communication and Coordination
x Monitoring of and Compliance with Schedules
x Draft and Negotiate Change Orders
x Establish and Maintain Contract Documentation
Procedures
x Progress Reporting and Record Keeping
x Maintain RFI and Submittal Logs, and review and route as necessary, and prepare responses to RFIs and
Submittals (VPM)
x Review and Process Progress Pay Estimates (VPM)
x Research and respond to Notices of Potential Claims
x Review all Contractor correspondence and prepare
responses, coordinating as necessary
x Material Substitution Requests
x Prepare Cost Request Bulletins and associated backup for negotiation of changes
x Weekly Statement of Working Days
x Project communication with stakeholders
x Collaboration with Design Engineer & City Staff
x Assure compliance with plans, specs, and permits
x Claim avoidance, review, and resolution
x Chair pre-con and weekly meetings
x Perform final inspection & recommend acceptance
x Prepare quantity sheets and source documents for structure work for pay requests
x Verify materials testing certifications
x Progress Meetings
x SWPPP and permit compliance monitoring
x Coordinate with contracted biologists and material testing subconsultants

CONSTRUCTION MANAGEMENT DELIVERABLES
»Weekly Meeting Agendas & Minutes
»Monthly Progress Reports
»Submittal Log & Tracking of Response
»RFI Log and Tracking of Response
»Shop Drawing/Sample Log and Tracking of Response
»CCO Log and Tracking of Response
»Independent Cost Evaluation of all PCOs
»Weekly Statements of Working Days
»As-built Drawing Markups
»Labor Compliance Log SWPPP Compliance Log
»Daily Inspection Reports Review
»Documentation in accordance with LAPM
»Bulletin Log and Tracking of Response
»Quantity Backup Information Review
TASK D – PROJECT INSPECTION
CConstruction Inspection: Full-time, comprehensive inspection is critical to ensuring that all construction meets the project plans, specifications, building permit requirements, and City standards. FE utilizes standardized daily reporting templates (which can be adapted for VPM), photo documentation procedures, quantity verification sheets, and redline as-built tracking techniques used across all our public works CM projects. These systems ensure that work is inspected consistently, documentation is thorough, and the City receives accurate information on field progress, compliance, and potential issues.

Tucker will serve as the project inspector and will provide on-site inspection services during active construction to ensure compliance with project plans, specifications, and permit requirements. His responsibilities include direct verification of construction activities, erosion control measures and site protection. Tucker will maintain detailed inspection records in VPM such as daily weather logs, observed work activities, equipment and labor counts, and any construction issues that arise. He will also coordinate and document specialized inspection services, including materials testing, stormwater compliance monitoring, and other special inspections as required or directed by the City. In addition, Tucker, who is a QSP, will oversee SWPPP tasks to confirm that approved Best Management Practices (BMPs) are implemented, and that stormwater and erosion control measures remain effective throughout construction.

Tucker’s comprehensive oversight will help ensure the project is delivered safely, in full regulatory compliance, and to the satisfaction of the City.

Attachment 3
Council Agenda 12-16-2025 12.C-19

PAGE 15
MMaterials Testing and Special Inspections: Earth Systems will provide all required geotechnical observation, materials testing, and special inspections to verify compliance with the project plans, specifications, and City standards. Their work will include field inspection during site grading, utility trenching, structural fill placement, and subgrade preparation, along with associated compaction testing and laboratory analyses such as Proctors and sieve testing.

They will perform special inspection of reinforcing steel, formwork, and foundations for retaining walls and court slabs, and will sample and test structural concrete cylinders. Earth Systems will also conduct density testing during asphalt paving and verify compliance of pavement structural sections. In addition, they will assist FE by reviewing geotechnical-related submittals when required.

Earth Systems will attend the pre-construction meeting and key work-phase meetings and will provide all necessary testing documentation, including compaction reports, concrete test results, and final inspection summaries. Throughout the project, they will coordinate closely with FE’s inspection and construction management team to ensure timely communication and complete, accurate reporting.

PROJECT INSPECTION SCOPE
FE Inspection Scope
x Construction Observation/Inspection
x Photographic documentation
x Quality Assurance
x Conflict and field issue identification
x Daily inspection reports
x Quantity verification
x Material and equipment verification
x Coordinate materials testing per QAP
x Monthly Q sheets for progress payments
x Punchlist for final inspection
x Safety & Public Relations
x Maintain field record drawings
x Request/review material certifications
x Review bid sheet quantities for accuracy
x Traffic Control and Public Safety
x Coordinate closely with RE
x Labor Compliance
Earth Systems Inspection Scope
x All testing and special inspections required by the plans, specifications and standards for the project (Earth Systems)

PROJECT INSPECTION DELIVERABLES
FE Inspection Deliverables
»Daily Photographic Records
»Documentation in accordance with LAPM
»Quantity Backup Information
»As-built Drawing Markups
»SWPPP Compliance Log
»Daily Inspection Reports
Earth Systems Inspection Deliverables
»Test reports for compaction, concrete cylinders, rebar and structural concrete special inspections, aggregate base, DG and soil testing
»Final compiled geotechnical/materials testing report
TASK E – ENVIRONMENTAL COMPLIANCE
Environmental compliance is a core requirement of this project, and FE incorporates environmental oversight into our daily inspection and reporting processes to ensure full adherence to the project’s Permits, BMPs, and environmental conditions. To support specialized biological tasks, FE will utilize Rincon Consultants, whose scope aligns directly with the project’s nesting bird protection requirements.

Rincon Consultants will perform the required pre-construction nesting bird survey when work occurs between February 15 and September 15. Rincon will participate in the kickoff call, schedule the survey appropriately, conduct it within 14 days of construction, and provide a brief email report summarizing methods and findings. If an active nest is found, Rincon will immediately notify FE and the City, assist in establishing the appropriate avoidance buffer, and conduct monitoring surveys until fledging is complete, providing short email updates after each check.

PAGE 16
FE will manage all other day-to-day environmental obligations, including monitoring stormwater BMPs, documenting housekeeping and erosion control, verifying compliance before storm events, and ensuring SWPPP requirements are met. FE will also oversee oak tree protection, verifying fencing and root-zone buffers, preventing disturbance within protected driplines, and coordinating corrective actions with the City as needed.

While CRLF surveys are not required under the project BMPs, FE and Rincon will remain alert to special-status wildlife and will halt work and notify the City immediately if any sensitive species are observed. FE will also implement the inadvertent discovery protocol for cultural resources, ensuring construction stops and the City is notified if any cultural materials or human remains are encountered.

All environmental documentation—including Rincon’s survey results and FE’s BMP photos, environmental notes, and weekly summaries—will be maintained in VPM, ensuring a complete and defensible compliance record.

ENVIRONMENTAL COMPLIANCE SCOPE
FFE Environmental Compliance Responsibilities
x Monitor and document all BMP/SWPPP measures, erosion
control, and stormwater protections.
x Oversee oak tree protection, verifying fencing, root-zone buffers, and preventing disturbance within driplines.
x Track environmental conditions through daily inspection reports, photos, and VPM documentation.
x Implement cultural resource inadvertent discovery
procedures and halt work if special-status wildlife or
resources are encountered.
x Coordinate with the contractor and City to correct any environmental compliance issues.

Rincon Environmental Compliance Responsibilities
x Attend kickoff coordination and conduct the required pre- construction nesting bird survey (Feb 15–Sept 15).
x Provide a concise survey report and notify FE/City immediately of any active nests.
x Assist with avoidance buffer establishment and provide nest monitoring until fledging is complete, issuing brief email summaries for each check.

ENVIRONMENTAL COMPLIANCE DELIVERABLES
FE Environmental Compliance Deliverables
»Daily environmental notes and BMP/SWPPP
documentation within FE’s inspection reports.
»Weekly environmental status summaries included in
meeting minutes.
»Photo logs and VPM uploads of all environmental
compliance records.
»Final compiled environmental documentation for project closeout.

Rincon Environmental Compliance Deliverables
»Pre-construction nesting bird survey email report.
»Active nest monitoring email updates (as needed).
»Photos or brief documentation supporting buffer establishment and final clearance to resume construction.

TASK F – POST-CONSTRUCTION
Post-construction activities are essential to ensuring that all work has been completed in accordance with the plans, specifications, permit conditions, and City requirements. FE employs standardized closeout procedures—including punch list tracking, as-built reconciliation, and final documentation assembly—to ensure the City receives a complete, well-organized, and audit-ready project record at the end of construction.

At the substantial completion stage, FE will lead the final inspection with the City, design engineer, and Contractor to identify any outstanding work. Tucker Ruble will prepare the punch list and verify corrective actions as they are completed. Throughout the project, FE will maintain independent redline as-built drawings based on field observations; at closeout, Jerry Missamore will reconcile FE’s redlines with the Contractor’s redlined plans to support the preparation of complete record drawings for the City’s use.

Attachment 3
Council Agenda 12-16-2025 12.C-20

PAGE 17
FE will also verify final quantities, review the Contractor’s final pay application, and support the City in processing the Notice of Completion, retention release, and related closeout documentation. Environmental documentation, labor compliance records, testing reports from Earth Systems, nesting bird/biological reports from Rincon, and all project correspondence will be uploaded and organized in VPM as part of the final project file. Below is a full summary of FE’s post construction scope and deliverables

POST CONSTRUCTION SCOPE
x Conduct final inspection, prepare the punch list, and verify corrective work.
x Reconcile FE and Contractor redlines to produce final record drawings.
x Compile and confirm all final testing and special inspection reports.
x Assess and manage any outstanding contractor claims, or change order requests
x Assemble all environmental documentation, including Rincon report.
x Verify final quantities, review the final pay application, and support Notice of Completion.
x Upload and organize all closeout documents in VPM for final City archiving.

POST CONSTRUCTION DELIVERABLES
»Final punch list and verification of corrective actions »Independent inspector redline as-built drawings
»Reconciled record drawing package (Contractor + FE
redlines)
»Final quantities and final pay estimate support
»Earth Systems’ final testing report compilation
»Rincon’s final biological monitoring documentation (if applicable) »Final environmental compliance documentation
»Notice of Completion support
»Complete VPM closeout file ready for City archiving

FEE PROPOSAL LETTER
November 20, 2025 W.O. 257801
City of Pismo Beach
760 Mattie Road | Pismo Beach, CA 93449
SUBJECT:REQUEST FOR PROPOSAL TO PROVIDE CONSTRUCTION MANAGEMENT, INSPECTION AND ADMINISTRATIVE

SERVICES FOR THE VENTANA SPORTS COURTS PROJECT
Dear Daniel Contreras,
Filippin Engineering, Inc. (FE) is pleased to submit our estimated fee for the City of Pismo Beach CConstructionn Management,, Inspectionn andd Administrativee Servicess forr thee Ventanaa Sportss Courtss Project.As a local business with over 15 years of experience delivering infrastructure projects along California’s Central Coast, FE is uniquely qualified to support the City in the safe and efficient delivery of this critical sports courts project.

Below is our fee summary table, which includes hours and rates for each of the proposed team members, which is used to calculate the time and materials fee estimate. We have included our full fee breakdown by team member and task in Appendix A. Appendix A also includes our resource loaded schedule, which clearly identifies the hours per person, per task per month; we would welcome discussion around our staffing plan and level of effort to ensure our professional services meet the budgetary goals of the City, while maintaining a high level of quality of services.

The costs allocated to Phases 1, 2 & 3 above incorporate all of the Tasks A through F in the RFP and our proposal. We have formatted our fee this way as it links to our resource-loaded schedule which aids tracking and forecasting the budget for professional services throughout the project. If the City would like to see our fee breakdown per Task A through F, we would be happy to provide it.

Paul Henderson is the person authorized to represent Filippin Engineering, Inc. with respect to all notices, negotiations, discussions, and other communications relating to this proposal and any negotiation relating to the contract. Paul’s contact information is provided below.

Very truly yours,
Paul Henderson, CPEng, CCM
Vice President | (805) 468-9927 | [email protected]

APPENDICES

APPENDIXX AA -- FEEE BREAKDOWNN

APPENDIXX BB -- FEE STANDARDD RATESS

APPENDIXX CC -- EARTHH SYSTEMSS PROPOSALL

APPENDIXX DD -- RINCONN PROPOSAL
Phase Description Estimated Fee
1 Pre-Construction Services 16,764$
2 Construction Phase Services 409,739$
3 Post-Construction 13,656$
Total 440,159$
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Attachment 3
Council Agenda 12-16-2025 12.C-21

APPENDIX A - FEE BREAKDOWN

Rincon Earth Systems Sub-Total
Paul Henderson
Principal & PM
Jerry Missamore
Construction
Manager
Tucker Ruble
Inspector
Tucker Ruble
Inspector (OT)
Cheril Magallanes
Office Engineer
Expenses FE Total Cost Cost
Subconsultant
Total FE Markup
Date: 11/20/2025 259.00$ 216.00$ 194.00$ 291.00$ 146.00$ 10% 1 Pre-Construction Services 16 40 16 6 16,764$ -$ -$ 16,764$ 2 Construction Phase Services 112 448 1120 56 250$ 351,482$ 2,909$ 50,052$ 52,961$ 5,296.10$ 409,739$ 3 Post-Construction 4 40 16 6 13,656$ -$ -$ 13,656$ PROJECT TOTAL 132 528 1152 0 68 250$ 381,902$ 2,909$ 50,052$ 52,961$ 5,296$ 440,159$ Notes:
1 2
3 4
5 The hours allocated to Phases 1, 2 & 3 above incorporate all of the Tasks A through F in the RFP and our proposal. We have formatted our fee this way as it links to our resource-loaded schedule which aids tracking and forecasting the budget for professional services throughout the project. If the City would like to see our fee breakdown per Task A through F, we would be happy to provide this.

Rincon will complete the Pre-construction Nesting Bird Survey described above on a time and materials basis in accordance with their standard fee schedule for a cost not to exceed $2,909.00.

If an active nest is observed, As Needed – Active Nest Checks/Monitoring would be conducted for $2,031.50 per nest check.

The hours provided above are an estimate of effort required for the scope included in FE's proposal.

Construction Inspection services based on 150 Working Days (30 Weeks) Overtime for FE's Construction Inspector has not been included. Any overtime will be approved in writing by the City in advance, if needed.

Client: City of Pismo Beach Filippin Engineering
TotalProject: Ventana Sports Courts
Attachment 3
Council Agenda 12-16-2025 12.C-22

Client: City of Pismo Beach
Project: Ventana Sports Courts
Date: 11/20/2025

STAFF LOADING SCHEDULE
2025 2026
Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct
Pre-Con Construction Phase (150 Working Days) Post-Con Total Phase 1 - Pre-Construction Services
FE Paul Henderson Principal & PM 4 12 16
FE Jerry Missamore Construction Manager 40 40
FE Tucker Ruble Inspector 16 16
FE Cheril Magallanes Office Engineer 2 4 6
Phase 2 - Construction Phase Services
FE Paul Henderson Principal & PM 16 16 16 16 16 16 16 112 FE Jerry Missamore Construction Manager 64646464646464 448 FE Tucker Ruble Inspector 160 160 160 160 160 160 160 1120 FE Cheril Magallanes Office Engineer 8888888 56
Task 3 - Post-Construction
FE Paul Henderson Principal & PM 4 4
FE Jerry Missamore Construction Manager 40 40
FE Tucker Ruble Inspector 16 16
FE Cheril Magallanes Office Engineer 6 6
Total Hours 6 72 248 248 248 248 248 248 248 66 0 1,880 Cumulative Total Hours 6 78 326 574 822 1070 1318 1566 1814 1880 1880 1,880 Note: The hours shown above are an estimate - our staffing model can be 'throttled' to meet the needs of the project and the City's budget.
6 72
248 248 248 248 248 248 248
66 0

APPENDIX B - FE STANDARD RATES
Attachment 3
Council Agenda 12-16-2025 12.C-23

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APPENDIX C - EARTH SYSTEMS PROPOSAL

Attachment 3
Council Agenda 12-16-2025 12.C-24

SLO-2511-034.PRP

EARTH SYSTEMS
Scope of Work

GEOTECHNICAL AND MATERIALS SPECIAL INSPECTION AND TESTING

Earth Systems’ proposed scope of work for the Ventana Sports Courts Project includes special inspection and material testing during site grading, utility construction, pedestrian, and landscape improvements, as well as special inspection and testing during construction of the planned site structures, which includes a new tennis court, two new pickle ball courts, new parking lot and site retaining walls. They will also assist the construction manager with geotechnical engineering insight and review of necessary submittals for compliance with the project specifications, including helping to review material submittals, as applicable to the final design.

Earth Systems will provide geotechnical inspection services during earthwork operations. Soils special inspection will be performed during site grading, structure backfill, utility backfill operations, site retaining wall foundation construction, road reconstruction, Wand other miscellaneous site grading. Compaction testing on native soil, aggregate base, DG pathway, non- expansive backfill and utility backfill material during construction of the courts, landscape areas, and previously mentioned activities will also be performed.

Earth Systems will also perform laboratory testing associated with grading. Laboratory material testing will include sieve analysis, maximum density vs. optimum moisture, and other associated tests where applicable. Testing will be performed in accordance with the applicable Caltrans Test Method or appropriate ASTM test procedures as listed in the project plans and specifications and City Standards.

Earth Systems will provide special inspection during structural concrete and rebar placement.

Further, they will sample the concrete and perform testing on the concrete compressive strength samples for foundations, walls, and courts. We have assumed that acceptance of these materials, as well as cement, by review of certificates if approved by the structural engineer will be allowed.

Sampling of non-structural concrete, such as pedestrian flatwork and retaining curbs, will also be performed periodically, as requested by the City’s representative.

Earth Systems will attend a pre-construction meeting, as well as meetings for major work elements, as needed. Compaction test reports, final inspection and testing reports and Certified Payroll reports will be prepared and submitted as required.

SLO-2511-034.PRP

EARTH SYSTEMS
Fee Breakdown

Hours/Units Rate Total
Principal Professional/Quality Control 8 $265.00 $2,120.00 Project Management 30 $195.00 $5,850.00
Grading Observation and Testing 108 $170.00 $18,360.00 Special Inspection 76 $180.00 $13,680.00
Reporting and Document Posting 10 $130.00 $1,300.00
Compaction Tests (per test) 80 $10.00 $800.00
Mileage (per trip) 58 $24.00 $1,392.00
Laboratory Testing - Per Fee Schedule (Allotment) $5,050.00 DIR/ECPR Posting 15 $100.00 $1,500.00
ESTIMATED TOTAL $50,052.00

Attachment 3
Council Agenda 12-16-2025 12.C-25

APPENDIX D - RINCON PROPOSAL
Rincon Consultants, Inc.
1530 Monterey Street, Suite D
San Luis Obispo, California 93401

805 547 0900 OFFICE AND FAX

[email protected]
www.rinconconsultants.com

Environmental Scientists Planners Engineers
November 17, 2025
Rincon Project No. 25-18508
Mr. Paul Henderson,
Construction Manager
Filippin Engineering, Inc.
994 Mill Street, Suite 230
San Luis Obispo, California 93401
Via email: [email protected]
Subject: Proposal to Provide Pre-construction Survey for the Ventana Sports Courts Project, Pismo Beach, San Luis Obispo County California
Dear Mr. Henderson:

Rincon Consultants, Inc. (Rincon) is pleased to submit this proposal to provide pre-construction survey to Filippin Engineering, Inc. (Filippin) for the City of Pismo Beach (City) Ventana Sports Courts Project (project) located at 35 Ventana Drive in the City of Pismo Beach, San Luis Obispo County, California. This work scope has been prepared in accordance with the project’s Administrative Development Permit (City of Pismo Beach 2025) Best Management Practices (BMPs). We understand the project duration is anticipated to be 150 days long, or approximately 5 months long.

Pre-construction Nesting Bird Survey
To initiate the project Rincon will attend a project kick off call with the project team to understand the project timeline and project schedule to anticipate when to schedule the pre-construction nesting survey, and chain of command for communication in the event an active bird nest is observed. Our field biologist will also develop the Safety Plan prior to conducting surveys on site.

When work occurs from February 14 - September 16, a qualified avian biologist will conduct a pre- construction nesting bird survey no more than 14 days prior to vegetation removal and/or start of construction. The survey will be conducted within the project site and the immediate vicinity. We anticipate the survey will take up to 4 hours.

After the survey is completed, we will provide a brief email report that describes our survey methodology, the survey findings, and photographs of suitable nesting habitat.

As Needed – Active Nest Check/Monitoring
If an active nest or nesting activities are observed during the pre-construction survey, we will notify Filippin (and the City) immediately. If an active nest is observed, the BMPs state the following:

A City representative will facilitate coordination with the U.S. Fish and Wildlife Service, if necessary, to determine an appropriate avoidance strategy. Likewise, the City would coordinate Attachment 3
Council Agenda 12-16-2025 12.C-26

Filippin Engineering, Inc.

Ventana Sports Courts Project

with California Department of Fish and Wildlife if necessary to devise a suitable avoidance plan for any state-listed nesting bird species.

Specific exclusionary buffers are described in the BMPs for active raptor nests (500 feet) and active passerine nests (250 feet). If an active nest is present, the appropriate buffer would be established and work would stop within the buffer.

If needed, a qualified avian biologist would conduct up to five (5) nest monitoring surveys to determine when all young have fledged and are no longer reliant upon the nest or parental care for survival. These surveys would be up to 2 hours for each of the five surveys. After a nest is determined to be inactive work could resume within the buffer(s). We would provide a brief email report that describes our monitoring methodology and observations of the inactive nest.

Project Assumptions
The above scope of work is based on the following assumptions:
 Access and permission to enter will be provided to Rincon in writing prior to field surveys  California red-legged frog surveys are not required, per the BMPs  Archaeological monitoring and paleontological monitoring are not required, per the BMPs  No major compliance issues, no injury or mortality of special status or sensitive species, and no detection of sensitive cultural or paleontological resources will occur  Rincon is not responsible for providing environmental resources training to the contractor  The City, not Rincon, will facilitate communication with regulatory agencies in the event that a protected species is observed on site; if requested, we could assist with this effort for an additional fee
 Reporting will be in the format of brief emails submitted after surveys are completed Cost
Rincon will complete the Pre-construction Nesting Bird Survey described above on a time and materials basis in accordance with our standard fee schedule for a cost not to exceed $2,909.00. If an active nest is observed, As Needed – Active Nest Checks/Monitoring would be conducted for $2,031.50 per nest check.

Pre-construction Nesting Bird Survey Hours Labor Budget Direct Expenses Total Budget Project Initiation and Kick Off (w/ Safety Plan) 2.5 $591 $0 $591.00 Pre-construction Nesting Bird Survey 5.5 $1,240 $114 $1,354.50 Reporting 4 $963.50 $0 $963.50
Total 112 $2,909.00

As Needed – Active Nest Check/Monitoring
Hours
Labor
Budget
Direct
Expenses Total Budget
Single Active Nest Check/Monitoring
(includes email report)
8 $1,917.50 $114 $2,031.50
Filippin Engineering, Inc.

Ventana Sports Courts Project

We are pleased to provide this scope of work to Filippin. If necessary, any additional work not included in this proposal can be performed with your written authorization on a time and materials reimbursement basis. Please note that our proposed scope of work is fully negotiable to meet your needs for this project.

Rincon is committed to providing excellent environmental consulting services. Please do not hesitate to contact us if you have any questions regarding this proposal or any other matters related to our services. Thank you for the opportunity to assist you with this project.

Sincerely,
Rincon Consultants, Inc.

Stephanie Lopez
Supervising Biologist
Colby J. Boggs, MS
Principal
Attachments
Attachment 1 Standard Fee Schedule
Attachment 3
Council Agenda 12-16-2025 12.C-27

Rincon Consultants, Inc.

Effective January 1, 2025
Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical
and Support Personnel*
Hourly Rate
January 1 –
December 31, 2025
January 1 –
December 31, 2026
January 1 –
December 31, 2027
Senior Principal $330 $342 $354
Principal $318 $329 $341
Director $318 $329 $341
Senior Supervisor II $302 $313 $324
Supervisor I $282 $292 $302
Senior Professional II $264 $273 $283
Senior Professional I $246 $255 $264
Professional IV $218 $226 $234
Professional III $203 $210 $217
Professional II $180 $186 $193
Professional I $160 $166 $172
Associate III $135 $140 $145
Associate II $121 $125 $129
Associate I $113 $117 $121
Field Technician $97 $100 $104
Technical Editor $152 $157 $162
Project Accountant $129 $134 $139
Billing Specialist $111 $115 $119
Publishing Specialist $124 $128 $132
Clerical $111 $115 $119
* Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, data technology experts, and other professionals. Expert witness services consisting of depositions or in-court testimony are charged at the hourly rate of $400.

Reimbursable Expenses
Direct Cost Rates
Photocopies – B/W $0.25 (single-sided), $0.45 (double-sided) Photocopies – Color $1.55 (single-sided), $3.10 (double-sided) Photocopies – 11” by 17”$0.55 (B/W), $3.40 (color)
Oversized Maps $8.50/square foot
Digital Production $15/CD, $20/flash drive
Light-Duty and Passenger Vehicles* $90/day
4WD and Off-Road Vehicles*$150/day
*Current IRS mileage rate for mileage over 50 and for all miles incurred in employee-owned vehicles.

Other Direct Costs.Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 16%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.

Annual Escalation. Standard rates subject to 3.5% annual escalation, on January 1..

Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within 10 days from receipt or per the contractually required payment terms.

Rincon Consultants, Inc.

Effective January 1, 2025
Equipment Rate
Environmental Site Assessment
Soil Vapor Extraction Monitoring Equipment $160
Four Gas Monitor $137
Flame Ionization Detector $110
Photo Ionization Detector $82
Hand Auger Sampler $62
Water Level Indicator, DC Purge Pump $46
CAPDash $7,500
Natural Resources Field Equipment
UAS Drone $300
Spotting or Fiberoptic Scope $170
Petterson Bat Ultrasound Detector/Recording Equipment $170 Sound Level Metering Field Package (Anemometer, Tripod and Digital Camera)$113 GPS (Sub-meter Accuracy)$67
Infrared Sensor Digital Camera or Computer Field Equipment $57 Scent Station $23
Laser Rangefinder/Altitude $11
Pit-fall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $9 Mammal Trap, Large/Small $1.55/$0.55
Water and Marine Resources Equipment
Boat (20 ft. Boston Whaler or Similar) $800
Multi Parameter Sonde (Temp, Cond, Turbidity, DO, pH) with GPS $170 Water Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature)$62 Refractometer (Salinity) or Turbidity Meter $38
Large Block Nets $114
Minnow Trap $98
Net, Hand/Large Seine $57
Field Equipment Packages
Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment)
$114
Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme Satellite Beacon, 24-Hour Safety Phone)
$144
Amphibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hand Net, Field Microscope)
$170
Fisheries Equipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets) $57 Underwater and Marine Sampling Gear (U/W Photo/Video Camera, Scuba Equipment (Tanks, BCD, Regulators, Wetsuits, etc.)
$57/diver
Marine Field Package (PFDs – Personal Flotation Devices, 100-foot Reel Tapes with Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides)
$100
Insurance, Hazard and Fees
Historic Research Fees $55
L&H Dive Insurance $57/diver
Level C Health and Safety $70/person
Attachment 3
Council Agenda 12-16-2025 12.C-28