PISMO BEACH CITY COUNCIL STAF REPOR
Agenda Item #9.G
Meetin Date: u ust 4, 2026
TITLE:
Agreement with 4 Creeks, Inc. for Design of the 320/330 Main Street Parking Lot; Related Budget Adjustments
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with 4 Creeks, Inc. in an amount not to exceed $155,512 for engineering design services for the 320/330 Main Street Parking Lot Project and appropriating related budget adjustments in Fiscal Year 2027.
DISCUSSION:
With the completion of the Public Safety Facility, the temporary Police facilities located at 320 and 330 Main Street are no longer in use. The lease agreement with Mobile Modular includes the removal of the temporary trailers, and the structure at 320 Main has been vacated and will be demolished as part of the 320/330 Main Street Parking Lot project.
The project will design a new parking lot that will connect with the existing City-owned parking lot at 321 Pomeroy Avenue. The new parking lot design will include demolition of existing buildings and other structures located at 320 and 330 Main Street, earthwork and grading, asphalt-concrete pavement, concrete and ADA improvements, parking lot striping, payment kiosk, vegetated bioswale and drainage improvements, solar lighting, and landscaping and irrigation system.
On June 4, 2026, staff issued a formal Request for Proposals for engineering design services to design and develop construction drawings, specifications, an engineer’s estimate, and support during the bidding process. On July 1, 2026, four proposals were received and have been evaluated by a review panel. 4 Creeks, Inc. was determined to be the most qualified and has been selected to perform the work.
Conclusion and Recommendation
Staff recommends that the Council adopt a resolution (Attachment 1) authorizing the City Manager to enter into a Professional Services Agreement (Attachment 2) with 4 Creeks, Inc. in an amount not to exceed $155,512 for engineering design services for the 320/330 Main Street Parking Lot Project.
FISCAL IMPACT:
The fiscal impact of adopting the attached resolution is $155,512 for the engineering design phase of the project. The Fiscal Year (FY) 2027 Parking Enterprise Fund 320/330 Main Street Parking Lot project budget includes $150,000 for design of the project, leaving a shortfall of $5,512.
Staff recommends appropriating an additional $750,000 in the Parking Enterprise Fund 320/330 Main Street Parking Lot project land improvements account to support the design Council Agenda 8-4-2026 9.G-1
shortfall and future construction of the project in FY 2027. The estimated project costs are shown in Table 1 below.
Table 1. FY 2027 Parking Fund 320/330 Main Street Parking Lot Project Funding Item Fiscal Impact
Available Pro ect Bud et $150,000
4 Creeks, Inc. Contract Cost 155,512
Bud et vs Pro ect Cost Surplus / Shortfall $5,512
Proposed Bud et Amendment
Parkin Fund $750,000
Proposed Budget vs Project Cost Surplus /
Shortfall $744,488
The proposed budget surplus will be used to fund construction and construction management of the project. Once the project has been advertised for construction and bids received, staff will return to Council with a report to award a construction contract and identifying any additional funding needs.
ATTACHMENTS:
1. Resolution
2. Professional Services Agreement
Prepared by:
Erin Olsen, Senior Management Analyst
Submitted by: Rosemarie R. Gaglione, PE
City Manager Approval:
Council Agenda 8-4-2026 9.G-2
PAGE 1 OF 2
R-2026-___
RESOLUTION NO. R-2026-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH 4 CREEKS, INC. IN AN AMOUNT NOT TO EXCEED $155,512 FOR ENGINEERING DESIGN SERVICES FOR THE 320/330 MAIN STREET PARKING LOT PROJECT AND APPROPRIATING RELATED BUDGET ADJUSTMENTS IN FISCAL YEAR 2027
WHEREAS, with the completion of the Public Safety Facility, the temporary Police facilities located at 320 and 330 Main Street are no longer in use; and WHEREAS, the 320/330 Main Street Parking Lot project includes demolition of existing buildings and other structures located at 320 and 330 Main Street and design of a new parking lot that will connect with the existing City-owned parking lot at 321 Pomeroy Avenue; and
WHEREAS, staff issued a formal Request for Proposals for engineering design services to design and develop construction drawings, specifications, an engineer’s estimate, and support during the bidding process; and
WHEREAS, four proposals were received and evaluated by a review panel and 4 Creeks, Inc. was determined to be the most qualified and has been selected to perform the work; and
WHEREAS, the Fiscal Year (FY) 2027 Parking Enterprise Fund 320/330 Main Street Parking Lot project budget includes $150,000 for design of the project, leaving a shortfall of $5,512.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City manager to enter into a Professional Services Agreement, in substantially the form attached to staff’s report dated August 4, 2026, with 4 Creeks, Inc. in an amount not to exceed $155,512 for engineering design services for the 320/330 Main Street Parking Lot Project.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $750,00 in the Parking Enterprise Fund 320/330 Main Street Parking Lot project land improvements account in Fiscal Year 2027 to support the design shortfall and future construction of the project.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 4th day of August 2026, by the following vote:
Council Agenda 8-4-2026 9.G-3
Attachment 1
PAGE 2 OF 2
R-2026-___
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and official seal of the City of Pismo Beach on _______________________.
________________________
Erica Inderlied, City Clerk
Council Agenda 8-4-2026 9.G-4
Attachment 1
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Vendor Agreement (Rev. 3/2024)
CITY OF PISMO BEACH
VENDOR AGREEMENT FOR PROFESSIONAL SERVICES
This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation (“CITY”), and 4 Creeks, 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:
Engineering Design Services – 320/330 Main Street Parking Lot 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 June 30, 2027. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional one (1) year period, or longer as the parties agree in writing.
III.COMPENSATION
A.VENDOR’s Fee
For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of one hundred fifty-five thousand five hundred twelve dollars ($155,512), 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.
IV. TERMINATION OF AGREEMENT
A. CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon VENDOR at least ten (10) days' prior written notice. Upon receipt of said notice, VENDOR shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT, such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.
B. In the event this AGREEMENT is terminated pursuant to this Section, CITY shall pay to VENDOR the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this Section, VENDOR will submit an invoice to CITY pursuant to Section III.
V. FORCE MAJEURE
If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, "acts of God," inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused for a period equal to the period of such cause for failure to perform.
VI. RETENTION OF FUNDS
VENDOR authorizes CITY to deduct from any amount payable to VENDOR (whether or not arising out of this AGREEMENT) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of VENDOR’s acts or omissions in performing or failing to perform VENDOR’s obligations under this AGREEMENT. In the event that any claim is made by a third party, the amount or validity of which is disputed by VENDOR, or any indebtedness exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of VENDOR to insure, indemnify, and protect CITY as elsewhere provided in this AGREEMENT.
VII.CITY REPRESENTATIVE
The Engineer is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this AGREEMENT and to make all decisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are required by CITY under this AGREEMENT, those actions will be taken by CITY Representative, unless otherwise stated. CITY’s Council Agenda 8-4-2026 9.G-5
Attachment 2
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Vendor Agreement (Rev. 3/2024)
City Manager has the right to designate another CITY Representative at any time, by providing notice to VENDOR.
VIII. VENDOR REPRESENTATIVE(S)
The person(s) employed by VENDOR whose name(s) are set forth immediately following the signatures of the parties executing this AGREEMENT are designated as being the representative(s) of VENDOR authorized to act on its behalf with respect to the work specified in this AGREEMENT and make all decisions in connection with this AGREEMENT.
IX. INDEPENDENT CONTRACTOR
VENDOR is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its elected officials, officers, employees or agents will have control over the conduct of VENDOR or any of VENDOR’s employees, except as otherwise set forth in this AGREEMENT and then only as to the results to be accomplished and not the method by which VENDOR provides the Scope of Services. VENDOR may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
X.BUSINESS LICENSE
VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.
XI. OTHER LICENSES AND PERMITS
VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT.
XII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS A. VENDOR shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this AGREEMENT. VENDOR shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services.
B. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. VENDOR shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. VENDOR hereby grants to CITY all right, title, and interest, including XIII.INDEMNIFICATION
A.Non-design, non-construction Professional Services:
To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, including CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
B. Non-design, construction Professional Services:
To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
C. Design Professional Services:
In the event VENDOR is a "design professional," and the Scope of Services require VENDOR to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) VENDOR shall indemnify, defend and hold harmless CITY and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, Council Agenda 8-4-2026 9.G-6
Attachment 2
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Vendor Agreement (Rev. 3/2024)
injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of VENDOR, except to the extent caused by the sole negligence, active negligence or willful misconduct of CITY. Negligence, recklessness or willful misconduct of any subcontractor employed by VENDOR shall be conclusively deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately corrected by VENDOR. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to VENDOR under this paragraph exceed VENDOR’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, VENDOR shall meet and confer with other parties regarding unpaid defense costs.
D. Payment by CITY is not a condition precedent to enforcement of the indemnities in paragraph A, B, or C. In the event of any dispute between VENDOR and CITY, as to whether liability arises from the active negligence, sole negligence or willful misconduct of CITY or its officers, employees, or agents, VENDOR will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, VENDOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 13 shall survive completion of VENDOR’s services or the termination of this AGREEMENT.
XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the event of any default or breach by CITY or for any amount that may become due to VENDOR.
XV. INSURANCE
A. Without limiting VENDOR’s indemnification of CITY, and prior to commencement of the Scope of Services, VENDOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.
1. General liability insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
2. Automobile liability insurance. If VENDOR owns vehicles used in performing the Scope of Services in any manner, VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office (ISO) form CA 00 01 covering bodily injury and property damage for all activities of VENDOR arising out of or in connection with any work to be performed under this AGREEMENT, including coverage for any owned, Council Agenda 8-4-2026 9.G-7
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Vendor Agreement (Rev. 3/2024)
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.
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.
Council Agenda 8-4-2026 9.G-8
Attachment 2
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Vendor Agreement (Rev. 3/2024)
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.
XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
This AGREEMENT and all exhibits are binding on the heirs, successors, and assigns of the parties.
The AGREEMENT may not be assigned or subcontracted by either CITY or VENDOR without the prior written consent of the other.
XX. INTERPRETATION
The terms of this AGREEMENT shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction that might otherwise apply.
XXI. SEVERABILITY
If any part of this AGREEMENT is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the AGREEMENT will remain in full force and effect.
XXII. TIME OF ESSENCE
Time is of the essence in the performance of this AGREEMENT.
XXIII. GOVERNING LAW; JURISDICTION
This AGREEMENT will be administered and interpreted under the laws of the State of California.
Jurisdiction of and venue for any litigation arising from the AGREEMENT will be in the Superior Court of the San Luis Obispo County, or in the United States District Court for the Central District of California.
XXIV. COMPLIANCE WITH STATUTES AND REGULATIONS
VENDOR will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders. VENDOR and its subcontractor(s) shall not discriminate against any person in the performance of this AGREEMENT on the basis of race, religion, national origin, color, age, sex, sexual orientation, AIDS, HIV status, disability, or any other basis protected by state or federal law, and shall comply with applicable federal and state equal employment opportunity laws, ordinances, rules and regulations.
XXV. WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this AGREEMENT.
XXVI. ATTORNEY’S FEES
Except as provided for in paragraph XV, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this AGREEMENT (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this AGREEMENT, the prevailing party Council Agenda 8-4-2026 9.G-9
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Vendor Agreement (Rev. 3/2024)
will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.
XXVII. EXHIBITS
All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference.
In the event of any conflict between the terms of this AGREEMENT and the terms of an exhibit, the terms of this AGREEMENT shall control. Notwithstanding the foregoing sentence, the provisions of Section XIII of this AGREEMENT shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this AGREEMENT, even if such exhibit purports to affect the provisions of Section XIII.
XXVIII. VENDOR’S AUTHORITY TO EXECUTE
The persons executing this AGREEMENT on behalf of the VENDOR warrant that:
A. the VENDOR is duly organized and existing under the appropriate State laws; B. they are duly authorized to execute this AGREEMENT on behalf of the VENDOR; C. by so executing this AGREEMENT, the VENDOR is formally bound to the provisions of this AGREEMENT; and
D. entering into this AGREEMENT does not violate any provision of any other AGREEMENT to which the VENDOR is bound.
XXIX. INTEGRATION; AMENDMENT
This AGREEMENT represents the entire understanding of CITY and VENDOR as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this AGREEMENT. The AGREEMENT may not be modified or altered except in writing signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.
Signatures begin on next page.
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Vendor Agreement (Rev. 3/2024)
CITY:
City of Pismo Beach, a Municipal Corporation
Signed:
Name: Rosemarie R. Gaglione, PE
Title: Director of Public Works
Dated: ________________________________
Signed:
Name: Jorge E. Garcia
Title: City Manager
Dated: ________________________________
Address for giving notice (See Section XVIII):
760 Mattie Road, Pismo Beach, CA 93449
ATTEST:
Signed:
Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: Dean J. Pucci
Title: City Attorney
VENDOR:
4 Creeks, 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
Council Agenda 8-4-2026 9.G-10
Attachment 2
Scope of Work
If selected, 4Creeks will serve as the City’s design lead for the successful delivery of this capital improvement project. 4Creeks will be responsible for developing complete, coordinated, and constructable design documents that reflect the City’s objectives, regulatory obligations, and operational needs. 4Creeks will be proactive and closely coordinate with staff, manage technical and environmental challenges, and ensure readiness for public bidding and construction.
Task 1 – Project Management
4Creeks will provide overall project management, coordination, quality assurance, and communication throughout the duration of the project. Services will include project administration, schedule and meeting management, budget monitoring, coordination with City staff and subconsultants, and preparation of monthly progress reports and invoices.
Deliverables:
• Project schedule
• Monthly progress reports
• Meeting agendas and meeting minutes
• QA/QC reviews at major milestones
Task 2 – Design Development
4Creeks will review available record information, the City's conceptual parking lot plan, applicable standards, utility information, and site constraints. The project team will conduct site visits to verify existing conditions and identify factors that may influence project design.
A topographic survey will be completed to support design development and establish existing site conditions. Survey information will include existing improvements, visible utilities, drainage features, grades, and adjacent site connections.
Geotechnical services will be provided by Earth Systems to characterize subsurface conditions and provide recommendations related to grading, pavement design, drainage improvements, infiltration feasibility, and bioswale design.
Deliverables:
• Existing conditions review
• Topographic survey and base mapping
• Geotechnical investigation and report
• Utility research and coordination
Task 3 – Civil Engineering Design
Preliminary Design (30%)
4Creeks will develop a site layout based on the City's conceptual plan and project objectives. Design efforts will include parking lot configuration, circulation patterns, ADA accessibility improvements, grading concepts, drainage strategies, Low Impact Development (LID)stormwater treatment concepts, landscape and irrigation concepts, solar lighting locations, and EV-ready infrastructure planning. Wood Architecture will review applicable City requirements and develop preliminary landscape design concepts, including planting areas, irrigation approach, and coordination with the proposed LID stormwater concepts and site improvements. Rose, Sing, Eastham, and Associates will strategically provide design analyses for streetlights and EV-ready parking locations.
Deliverables:
• 30%, 60%, 90%, and 100% Plan Sets for a complete and constructable parking lot, based on City discussions and meetings. • 30%, 60%, 90%, and 100% Engineer's Estimate.
• 30%, 60%, 90%, and 100% Specifications. A compiled package will be provided at the 90% and 100% submittals. • LID stormwater compliance.
• Landscape and Irrigation Plan Sets.
• Solar Lighting Locations and EV-ready parking facilities. ʸ˫˛˜˕˜˧ʴ
Intermediate Design (60%)
Based on City comments, 4Creeks will advance the design and prepare detailed engineering plans and calculations. Design development will include demolition plans, grading and drainage improvements, stormwater treatment facilities, ADA improvements, striping and signage, pavement sections, utility coordination, landscape and irrigation improvements, solar lighting design, and EV-ready infrastructure.
Wood Architecture will prepare detailed planting and irrigation plans, planting schedules, hydrozone plans, irrigation schedules, water use calculations, planting soil plans, and AB 1881 Water Efficient Landscape Ordinance documentation. Landscape improvements will be coordinated with the parking lot layout, drainage improvements, and bioswale design.
An updated engineer's estimate and anticipated construction duration will also be prepared.
Deliverables:
• 60% Plans, Specifications, and Estimate (PS&E)
• Planting Plan
• Irrigation Plan
• Updated Engineer's Estimate
• Estimated Construction Duration
• Design Review Meeting
Pre-Final Design (90%)
The project team will address City comments and prepare a near-complete bid package. Specifications, special provisions, bid schedules, and front-end documents will be compiled and coordinated with the design plans. Wood Architecture will prepare planting, irrigation, and soil specifications and details, and coordinate final landscape revisions required by the City.
Deliverables:
• 90% PS&E Package
• Landscape Specifications and Details
• Draft Bid Documents
• Updated Engineer's Estimate
• Design Review Meeting
Final Design (100%)
4Creeks will incorporate final comments and prepare the bid-ready construction package. The final submittal will include complete plans, technical specifications, the engineer's estimate, bid schedule, and supporting documentation necessary for public bidding. The landscape package will include final planting plans, irrigation plans, planting soil plans, details, specifications, and AB 1881 documentation.
Deliverables:
• 100% PS&E Package
• Final Landscape and Irrigation Plans
• Final Engineer's Estimate
• Final Bid Documents
• Bid-Ready Construction Package
Task 7 – Bidding Assistance
4Creeks will provide engineering support during the bidding phase. Services will include responding to Requests for Information (RFIs), assisting the City with technical questions, preparing addenda as required, and, within reasonable limits of the original scope. and supporting the City's procurement process. Wood Architecture will assist with responses to landscape and irrigation- related questions and provide clarifications or revisions to the landscape construction documents as necessary during bidding.
Deliverables:
• Responses to RFIs
• Addenda (as required within the scope)
• Bid Support Coordination
Optional Task 8 – Construction Assistance
At the City's discretion, 4Creeks can provide construction-phase engineering support services through a contract amendment or separate agreement. Services may include review of RFIs, submittals, change orders, clarification sketches, and general engineering support during construction.
Council Agenda 8-4-2026 9.G-11
Attachment 2
ˆ˖ˢˣ˘ˢ˙ˊˢ˥˞˃˥ˢ˝˘˖˧
ˇ˘˖˛ˡ˜˖˜˔ˡʼʼʼʸˡ˚˜ˡ˘˘˥ʼʼ˃˥˜ˡ˖˜ˣ˔˟
ʸˡ˚˜ˡ˘˘˥
ˈ˧˜˟˜˧ˬ
ʷ˘˦˜˚ˡ˘˥
ˆ˨˥˩˘ˬˢ˥
˃˥ˢ˝˘˖˧
ˇ˘˖˛ˡ˜˖˜˔ˡʼʼʼ
ˆ˨˥˩˘ˬˢ˥
˃˥ˢ˝˘˖˧
ˇ˘˖˛ˡ˜˖˜˔ˡʼˉ
ˆ˘ˡ˜ˢ˥
ˆ˨˥˩˘ˬˢ˥ʿ˔ˡ˗ˆ˨˥˩˘ˬˢ˥ˆ˨˥˩˘ˬʶ˥˘˪
ʛʥʠˀ˔ˡˇˢˣˢʜ
ʸ˔˥˧˛ˆˬ˦˧˘ˠ˦
ʛʺ˘ˢ˧˘˖˛ʜ
ˊˢˢ˗ʴ˥˖˛˜˧˘˖˧
ʛʿ˔ˡ˗˦˖˔ˣ˘ʜ
ʤʥʬʡʣʣ ʤʫʣʡʣʣ ʥʨʥʡʣʣ ʤʩʣʡʣʣ ʤʥʬʡʣʣ ʤʧʧʡʣʣ ʥʣʣʡʣʣ ʤʪʨʡʣʣ ʧʣʣʡʣʣ ʤʡʤʨ ʤʡʤʨ ˇ˔˦˞ʤʠ˃˥ˢ˝˘˖˧ˀ˔ˡ˔˚˘ˠ˘ˡ˧
ʹ˔˖˜˟˜˧˔˧˘˃˥ˢ˝˘˖˧ʾ˜˖˞ʠ˂˙˙ˀ˘˘˧˜ˡ˚ʛʤʜ ʬ ʗʥʟʥʩʫ
ʹ˔˖˜˟˜˧˔˧˘˃˥ˢ˝˘˖˧ʷ˘˦˜˚ˡ˅˘˩˜˘˪ˀ˘˘˧˜ˡ˚˦ʛʦʞʜ ʧ ʧ ʗʤʟʪʥʫ ˃˥˘ˣ˔˥˘˔ˡ˗ˀ˔˜ˡ˧˔˜ˡ˃˥ˢ˝˘˖˧ˆ˖˛˘˗˨˟˘ʧ ʗʪʥʣ
ˠˣ˘ˠ˘ˡ˥ˢ˘˖˦˔ˡʤʫ ʧ ʗʧʟʥʧʫ
˅˘˩˜˘˪˃˥ˢ˝˘˖˧ˆ˖ˢˣ˘˔ˡ˗ʵ˨˗˚˘˧ʬ ʥ ʗʥʟʤʥʧ
˃˥˘ˣ˔˥˘ˀˢˡ˧˛˟ˬ˃˥ˢ˚˥˘˦˦˅˘ˣˢ˥˧˦˔ˡ˗ʼˡ˩ˢ˜˖˜ˡ˚ʬ ʗʤʟʩʥʣ
ʗʤʥʟʪʣʫ
ˇ˔˦˞ʥʠʷ˘˦˜˚ˡʷ˘˩˘˟ˢˣˠ˘ˡ˧
˃˥˘ˣ˔˥˘ʵˢ˨ˡ˗˔˥ˬˆ˨˥˩˘ˬʬ ʨ ʧ ʗʦʟʪʩʤ
˃˥˘ˣ˔˥˘ˇˢˣˢ˚˥˔ˣ˛˜˖˔˟ˆ˨˥˩˘ˬʬ ʥ ʥʪ ʗʤʥʟʦʤʤ
˃˘˥˙ˢ˥ˠˈ˧˜˟˜˧ˬ˅˘˦˘˔˥˖˛˔ˡ˗ʶˢˢ˥˗˜ˡ˔˧˜ˢˡ ʧʣ ʗʩʟʧʣʣ
ʗʥʨʟʫʧʦ
ˇ˔˦˞ʦʠʶ˜˩˜˟ʸˡ˚˜ˡ˘˘˥˜ˡ˚ʷ˘˦˜˚ˡ
ʦʣʘʶ˜˩˜˟ʸˡ˚˜ˡ˘˘˥˜ˡ˚ʷ˘˦˜˚ˡ ʤʥʣ ʥʪ ʗʥʣʟʦʧʣ
ʩʣʘʶ˜˩˜˟ʸˡ˚˜ˡ˘˘˥˜ˡ˚ʷ˘˦˜˚ˡ ʤʩʣ ʦʩ ʗʥʪʟʤʥʣ
ʤʣʣʘʶ˜˩˜˟ʸˡ˚˜ˡ˘˘˥˜ˡ˚ʷ˘˦˜˚ˡ ʫʣ ʬ ʥʥʨʣʣ ʬʣʣʣ ʗʧʫʟʤʩʨ
ʶˢ˦˧ʸ˦˧˜ˠ˔˧˘ ʦʩ ʤʫ ʗʪʟʫʫʧ
ˆˣ˘˖˜˙˜˖˔˧˜ˢˡ˦ ʦʩ ʤʫ ʗʪʟʫʫʧ
ʗʤʤʤʟʦʬʦ
ˇ˔˦˞ʧʠʵ˜˗˗˜ˡ˚ʴ˦˦˜˦˧˔ˡ˖˘
ʹ˔˖˜˟˜˧˔˧˘˃˥˘ʠʵ˜˗ˀ˘˘˧˜ˡ˚ʛʤʜ ʥ ʥ ʗʫʩʧ
˃˥˘ˣ˔˥˘ʴ˗˗˘ˡ˗˔˧ˢʴ˗˗˥˘˦˦ʵ˜˗˗˘˥ʚ˦˄˨˘˦˧˜ˢˡ˦ ʥʣ ʬ ʥ ʗʧʟʪʣʧ ʗʨʟʨʩʫ
ʭ ʧʨʥ ʤʩʦ ʥʦ ʧʣ ʥ ʦʤ ʥʨʟʫʪʨʡʣʣʗ ʤʣʟʦʨʣʡʣʣʗ ˇ˂ˇʴʿˇʴˆʾˆʤʠʧʰʗʤʨʨʟʨʤʥ
ˇ˔˦˞ʨʠʶˢˡ˦˧˥˨˖˧˜ˢˡʴ˦˦˜˦˧˔ˡ˖˘ˢˣ˧˜ˢˡ˔˟
˅˘˦ˣˢˡ˗˧ˢ˅ʹʼ˦ ʬ ʧʣ ʬ ʗʤʣʟʩʥʬ
˃˥ˢ˩˜˗˘˃˥ˢ˝˘˖˧ʶˢˠˣ˟˘˧˜ˢˡʴ˙˙˜˗˔˩˜˧ ʥ ʬ ʨ ʦʩʥʨ ʗʪʟʦʣʪ
ʗʤʪʟʬʦʩ
ʭ ʤʤ ʧʬ ʤʧ ʣ ʣ ʣ ʠʗʧʟʤʩʫʡʪʨʗ
ˇ˂ˇʴʿˇʴˆʾʨʰʗʤʪʟʬʦʩ
ʦʥʣˀʴʼˁˆˇ˅ʸʸˇ˃ʴ˅ʾʼˁʺʿ˂ˇ˃˅˂ʽʸʶˇ
ʹ˘˘˃˥ˢˣˢ˦˔˟
ʧʶ˥˘˘˞˦ˆ˨˕˖ˢˡ˦˨˟˧˔ˡ˧˦
ˇ˂ˇʴʿ
ʸ˫˛˜˕˜˧ʵ
Council Agenda 8-4-2026 9.G-12
Attachment 2