PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.D
Meeting Date: October 6, 2026
TITLE:
Agreements with Glenn A. Rick Engineering and Development Co. and 4 Creeks, Inc. for design of the 2027 Roadway Maintenance and 2027 Drainage Improvements Projects
RECOMMENDATION:
1. Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with Glenn A. Rick Engineering and Development Co. in an amount not to exceed $240,200 for engineering design services for the 2027 Roadway Maintenance Project;
2. Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with 4 Creeks, Inc. in an amount not to exceed $276,329 for engineering design services for the 2027 Drainage Improvements Project.
DISCUSSION:
The Fiscal Year (FY) 2027 budget and 10-Year Capital Improvement Program include an annual budget to complete light street maintenance, such as crack filling, striping, slurry seal, filling potholes, performing dig-outs, and slurry sealing; as well as a biennial budget to complete paving and drainage improvements as identified in the City’s Pavement Management Plan (PMP) and Drainage Master Plan.
On March 13, 2026, staff issued a formal Request for Proposals for engineering design services for a 2027 Roadway Maintenance and Drainage Improvements project that would address both routine maintenance as well as the heavier maintenance and drainage improvements recommended in the PMP and Drainage Master Plan. On April 16, 2026, a single proposal was received. Staff reviewed the scopes of work for both of the budgeted projects and determined that the project should be re-advertised as two separate projects, splitting the roadwork and drainage components apart in order to draw more competitive proposals. The 2027 Roadway Maintenance Project consists of roadway maintenance improvements including crack fill, localized digouts, slurry seal, overlay, and mill & overlays. The 2027 Drainage Improvements Project includes drainage improvements intended to manage groundwater and alleviate roadway seepage and private sump pump flows along Placentia Avenue and Boeker Avenue. Following the drainage improvements, the roadways will be repaired with a mill & overlay.
On July 29, 2026, staff issued two separate formal Requests for Proposals for engineering design services for the 2027 Roadway Maintenance Project and the 2027 Drainage Improvements Project. On August 27, 2026, three proposals were received for the 2027 Roadway Maintenance Project and six proposals were received for the 2027 Drainage Improvements Project. The proposals have been evaluated by a review panel and Glenn A. Rick Engineering and Development Co. (Rick Engineering) and 4 Creeks, Inc. (4 Creeks) were determined to be the most qualified. Rick Engineering has been selected Council Agenda 10-06-2026 9.D-1
to perform the work for the 2027 Roadway Maintenance Project and 4 Creeks has been selected to perform the work for the 2027 Drainage Improvements Project.
Conclusion and Recommendation
Staff recommends that the Council adopt a resolution (Attachment 1) authorizing the City Manager to enter into a Professional Services Agreement with Rick Engineering in an amount not to exceed $240,200 for engineering design services for the 2027 Roadway Maintenance Project. Staff also recommends that the Council adopt a resolution (Attachment 2) authorizing the City Manager to enter into a Professional Services Agreement with 4 Creeks in an amount not to exceed $276,329 for engineering design services for the 2027 Drainage Improvements Project.
FISCAL IMPACT:
The fiscal impact of adopting the attached resolutions is $240,200 and $276,329 for the engineering design phase of each project. The Fiscal Year (FY) 2027 Capital Projects Fund Routine Street Maintenance project budget includes $1,700,000 for design and construction of the project, leaving a surplus of $1,459,800 for the construction phase.
The estimated project costs are shown in Table 1 below.
Table 1. FY 2027 Project Funding
Item Fiscal Impact
Project Budget $1,700,000
Design Contract Costs - Rick Engineering $240,200
Budget vs Project Cost Surplus / (Shortfall) $1,459,800
The Fiscal Year (FY) 2027 Capital Projects Fund Paving and Drainage project budget includes $3,000,000 for design and construction of the project, leaving a surplus of $2,723,671 for the construction phase. The estimated project costs are shown in Table 2 below.
Table 2. FY 2027 Project Funding
Item Fiscal Impact
Project Budget $3,000,000
Design Contract Costs – 4 Creeks $276,329
Budget vs Project Cost Surplus / (Shortfall) $2,723,671
ATTACHMENTS:
1. Resolution – Rick Engineering
2. Resolution – 4 Creeks
3. Rick Engineering Professional Services Agreement
4. 4 Creeks Professional Services Agreement
Council Agenda 10-06-2026 9.D-2
Prepared by:
Erin Olsen, Senior Management Analyst
Submitted by: Rosemarie Gaglione, PE, Director of Public Works City Manager Approval:
Council Agenda 10-06-2026 9.D-3
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 GLENN A. RICK ENGINEERING AND DEVELOPMENT CO. IN AN AMOUNT NOT TO EXCEED $240,200 FOR ENGINEERING DESIGN SERVICES FOR THE 2027 ROADWAY MAINTENANCE
PROJECT
WHEREAS, the Fiscal Year (FY) 2027 budget and 10-Year Capital Improvement Program include an annual budget to complete light street maintenance, such as crack filling, striping, slurry seal, filling potholes and performing dig-outs; as well as a biennial budget to complete paving and drainage improvements as identified in the City’s Pavement Management Plan (PMP) and Drainage Master Plan; and WHEREAS, the scopes of work for both of the budgeted projects were advertised as two separate projects, splitting the roadwork and drainage components apart in order to draw more competitive proposals; and
WHEREAS, on August 27, 2026, three proposals were received for the 2027 Roadway Maintenance Project and evaluated by a review panel; and WHEREAS, Glenn A. Rick Engineering and Development Co. (Rick Engineering) was determined to be the most qualified and has been selected to perform the work; and WHEREAS, the FY 2027 Capital Projects Fund Routine Street Maintenance project budget includes $1,700,000 for design and construction of the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a Professional Services Agreement, in substantially the form attached to staff’s report dated October 6, 2026, with Glenn A. Rick Engineering and Development Co. in an amount not to exceed $240,200 for engineering design services for the 2027 Roadway Maintenance 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 6th day of October 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Council Agenda 10-06-2026 9.D-4
Attachment 1
PAGE 2 OF 2
R-2026-___
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Kirkwood, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and official seal of the City of Pismo Beach on _______________________.
________________________
Erica Kirkwood, City Clerk
Council Agenda 10-06-2026 9.D-5
Attachment 1
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 $276,329 FOR ENGINEERING DESIGN SERVICES FOR THE 2027
DRAINAGE IMPROVEMENTS PROJECT
WHEREAS, the Fiscal Year (FY) 2027 budget and 10-Year Capital Improvement Program include an annual budget to complete light street maintenance, such as crack filling, striping, slurry seal, filling potholes and performing dig-outs; as well as a biennial budget to complete paving and drainage improvements as identified in the City’s Pavement Management Plan (PMP) and Drainage Master Plan; and WHEREAS, the scopes of work for both of the budgeted projects were advertised as two separate projects, splitting the roadwork and drainage components apart in order to draw more competitive proposals; and
WHEREAS, on August 27, 2026, six proposals were received for the 2027 Drainage Improvements Project and evaluated by a review panel; and WHEREAS, 4 Creeks, Inc. was determined to be the most qualified and has been selected to perform the work; and
WHEREAS, the FY 2027 Capital Projects Fund Paving and Drainage project budget includes $3,000,000 for design and construction of the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a Professional Services Agreement, in substantially the form attached to staff’s report dated October 6, 2026, with 4 Creeks, Inc. in an amount not to exceed $276,329 for engineering design services for the 2027 Drainage Improvements 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 6th day of October 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
Council Agenda 10-06-2026 9.D-6
Attachment 2
PAGE 2 OF 2
R-2026-___
________________________ ________________________
Ed Waage, Mayor Erica Kirkwood, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and official seal of the City of Pismo Beach on _______________________.
________________________
Erica Kirkwood, City Clerk
Council Agenda 10-06-2026 9.D-7
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 Glenn A. Rick Engineering and Development Co. (“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 – 2027 Roadway Maintenance 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 June 30, 202. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional one (1) year period, or longer as the parties agree in writing.
III.COMPENSATION
A. VENDOR’s Fee
For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of two hundred forty thousand two hundred dollars ($240,200), 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 Engineer is designated as the “City Representative,” authorized to act on its behalf with respect to the work and services specified in this AGREEMENT and to make all decisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are required by CITY under this Council Agenda 10-06-2026 9.D-8
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Vendor Agreement (Rev. 3/2024)
AGREEMENT, those actions will be taken by CITY Representative, unless otherwise stated. CITY’s City Manager has the right to designate another CITY Representative at any time, by providing notice to VENDOR.
VIII. VENDOR REPRESENTATIVE(S)
The person(s) employed by VENDOR whose name(s) are set forth immediately following the signatures of the parties executing this AGREEMENT are designated as being the representative(s) of VENDOR authorized to act on its behalf with respect to the work specified in this AGREEMENT and make all decisions in connection with this AGREEMENT.
IX. INDEPENDENT CONTRACTOR
VENDOR is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its elected officials, officers, employees or agents will have control over the conduct of VENDOR or any of VENDOR’s employees, except as otherwise set forth in this AGREEMENT and then only as to the results to be accomplished and not the method by which VENDOR provides the Scope of Services. VENDOR may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
X. BUSINESS LICENSE
VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.
XI. OTHER LICENSES AND PERMITS
VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT.
XII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS
A. VENDOR shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this AGREEMENT. VENDOR shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services.
B. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. VENDOR shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or
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printing computer files. VENDOR hereby grants to CITY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.
C. All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of CITY, whether the work for which they are made be executed or not. In the event this AGREEMENT is terminated, and at the end of the term of this AGREEMENT, all such plans, studies, sketches, drawings, electronic documentation, reports, and specifications shall be delivered immediately to CITY. VENDOR may retain one copy of each document for VENDOR’S records, but shall have no proprietary rights to them. CITY agrees to indemnify VENDOR against any damages caused by the unauthorized re-use of said documents.
XIII. INDEMNIFICATION
A. Non-design, non-construction Professional Services:
To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, including CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
B. Non-design, construction Professional Services:
To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
C. Design Professional Services:
In the event VENDOR is a "design professional," and the Scope of Services require VENDOR to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) VENDOR shall indemnify, defend and hold harmless CITY and its elected officials, officers, Council Agenda 10-06-2026 9.D-9
Attachment 3
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Vendor Agreement (Rev. 3/2024)
employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of VENDOR, except to the extent caused by the sole negligence, active negligence or willful misconduct of CITY. Negligence, recklessness or willful misconduct of any subcontractor employed by VENDOR shall be conclusively deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately corrected by VENDOR. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to VENDOR under this paragraph exceed VENDOR’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, VENDOR shall meet and confer with other parties regarding unpaid defense costs.
D. Payment by CITY is not a condition precedent to enforcement of the indemnities in paragraph A, B, or C. In the event of any dispute between VENDOR and CITY, as to whether liability arises from the active negligence, sole negligence or willful misconduct of CITY or its officers, employees, or agents, VENDOR will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, VENDOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 13 shall survive completion of VENDOR’s services or the termination of this AGREEMENT.
XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the event of any default or breach by CITY or for any amount that may become due to VENDOR.
XV. INSURANCE
A. Without limiting VENDOR’s indemnification of CITY, and prior to commencement of the Scope of Services, VENDOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.
1. General liability insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
2. Automobile liability insurance. If VENDOR owns vehicles used in performing the Scope of Services in any manner, VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office (ISO) form CA 00 01 covering bodily injury and property damage for all activities of VENDOR arising out of or in connection with any work to be performed under this AGREEMENT, including coverage for any owned,
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hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
3. Workers’ compensation insurance. VENDOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000), as required by law.
4. VENDOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.
5. Errors and Omissions/Professional Liability. VENDOR shall maintain a policy of professional liability insurance written on a claims-made basis in an amount not less than $1,000,000. VENDOR shall also procure and pay for appropriate tail coverage for a minimum of three years following completion of the Scope of Services to cover any errors or omissions occurring during the Term. In the alternative, VENDOR may elect to obtain equivalent coverage on an occurrence basis. CITY’s Risk Manager or City Attorney may waive the requirement of professional liability insurance if he/she determines that such a policy is not commercially available to VENDOR. If such a policy is commercially available, additional cost to VENDOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived.
B. Other provisions or requirements:
1. Proof of insurance. VENDOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance.
Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements to such policies, at any time.
2. Duration of coverage. VENDOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by VENDOR, its agents, representatives, employees, or subconsultants.
3. Primary/noncontributing. Coverage provided by VENDOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
4. CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by VENDOR or CITY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, CITY may terminate this AGREEMENT as provided in paragraph IV.
5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an Council Agenda 10-06-2026 9.D-10
Attachment 3
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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.
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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.
Council Agenda 10-06-2026 9.D-11
Attachment 3
9 of 12
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.
10 of 12
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 Council Agenda 10-06-2026 9.D-12
Attachment 3
11 of 12
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.
12 of 12
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 Kirkwood
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: Dean J. Pucci
Title: City Attorney
VENDOR:
Glenn A. Rick Engineering and Development
Co.
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 10-06-2026 9.D-13
Attachment 3
19City of Pismo Beach | 2027 Roadway Maintenance Project Scope of Work
The scope of services presented below represents the proposed work outlined in the RFP, with additional LQIRUPDWLRQDQGFODUL¿FDWLRQEDVHGRQRXUUHYLHZ$GGLWLRQDOLQIRUPDWLRQLVVKRZQXQGHUHDFKLWHPLQbold italics.
A. Preliminary Engineering
1. Perform background research and data compilation, including review of available record drawings, pavement maintenance history, relevant City standards, and the City’s Pavement Management Plan Update recommendations provided in Attachment B of this RFP.
2.0HHWZLWKWKH&LW\¶V3URMHFW0DQDJHUWRJDWKHULQSXWDQGFRQ¿UPGHVLJQREMHFWLYHVDQGFRQVWUDLQWVLQFOXGLQJ URDGZD\ZLGWKVVXUIDFHGUDLQDJHÀRZOLQHVSDYLQJVHFWLRQVSURSRVHGGLJRXWORFDWLRQVVWULSLQJOD\RXWVDQG ADA compliance.
3.3HUIRUP ¿HOG YLVLWV WR FRQ¿UP H[LVWLQJ SDYHPHQW FRQGLWLRQV LGHQWLI\ DUHDV RI ORFDOL]HG IDLOXUH DQG UH¿QH recommended treatment limits and quantities.
The RICK design team will visually inspect each of the road segments to develop a detailed understanding of the pavement rehabilitation, pedestrian, and drainage improvements needed. By walking the roads in their entirety, our team will be able to identify key issues and develop a preliminary design approach that will be presented to the City for a high-level understanding of the project.
4. Identify locations where overlay triggers accessibility upgrades and document preliminary ADA needs (curb ramps, detectable warnings, and related appurtenances), consistent with applicable standards and City direction.
$VGLVFXVVHGLQWKHXQGHUVWDQGLQJDERYH5,&.ZLOOIROORZWKH¿QDOL]HG352:$*JXLGHOLQHVWRGHWHUPLQH where alterations to roadway crossings will trigger the need for compliant ADA ramps. Existing ramps at WKHVHORFDWLRQVZLOOEHHYDOXDWHGIRUFRPSOLDQFH1HZDQGRUUHWUR¿WUDPSVZLOOEHGHVLJQHGLIQHFHVVDU\ Based on our initial evaluation of the project, we have assumed up to 18 ADA ramps will be designed as part of this project.
5.&RQGXFWVXUYH\PRQXPHQWUHVHDUFKDQGSURYLGHDVXPPDU\RI¿QGLQJVLQFOXGLQJUHFRPPHQGHGSURWHFWLRQ or perpetuation measures, for incorporation into the design package.
Nexus will perform the following survey services:
•5HVHDUFK 6DQ /XLV 2ELVSR &RXQW\ 6XUYH\RU UHFRUGV UHFRUGHG PDSV 5HFRUGV RI 6XUYH\ DQG Corner Records along all FY 2026-27 project streets.
•Field reconnaissance to locate and verify existing monuments within and adjacent to the paving, digout, and concrete improvement limits.
•Summary of Findings memorandum with a monument inventory map, identifying each monument’s type, condition, and disturbance exposure, and recommending protection or perpetuation measures SHU% 3IRUPDWWHGIRUGLUHFWLQFRUSRUDWLRQLQWRWKHGHVLJQ package.
•'UDIW FRQWUDFW ODQJXDJH IRU WKH VSHFL¿FDWLRQV HVWDEOLVKLQJ WKH Contractor’s monument protection obligations, parallel to the loop GHWHFWRUSURWHFWLRQUHTXLUHPHQWVLQ5)3,,%
•237,21$/ 7$6.
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GLVWXUEDQFH1H[XVZLOOVHWUHIHUHQFHWLHVDQG¿OH&RUQHU5HFRUGV ZLWK WKH 6DQ /XLV 2ELVSR &RXQW\ 6XUYH\RU EHIRUH FRQVWUXFWLRQ VDWLVI\LQJ % 3
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with additional monuments priced per unit.
Although impacts to existing utilities are not expected, RICK will coordinate with utility purveyors to obtain utility atlases for inclusion on our plans and to inform the purveyors of future work.
([KLELW$
20City of Pismo Beach | 2027 Roadway Maintenance Project B. Engineering Design (PS&E)
1.3UHSDUHSODQVKHHWVGHWDLOVVSHFL¿FDWLRQVDQGHQJLQHHU¶VHVWLPDWHIRUURDGZD\PDLQWHQDQFHZRUN7KH plans shall include, at a minimum: Title Sheet, Location Map, General Notes, Slurry Plan Sheets, Digout Plan Sheets, Typical Digout Details, Milling and Overlay Plans, Signage, Striping & Pavement Marking Plans, 6XUIDFH'UDLQDJH )ORZOLQH3ODQV$'$UHODWHGSODQVKHHWVDQGGHWDLOV DVUHTXLUHG
DQGWUDႈFFRQWURO
requirements.
1H[XV ZLOO SURYLGH ¿HOG VXUYH\ GDWD DQG EDVH PDSSLQJ IRU GHVLJQ VXSSRUW ORFDWLRQV /RFDOL]HG ¿HOG VXUYH\ VXSSRUWLQJ WKH GHVLJQ ZLOO EH SURYLGHG DW VHOHFWHG ORFDWLRQV LQFOXGLQJ ÀRZOLQH DQG GUDLQDJH
SUR¿OHVDWFRQFUHWHDQGÀRZOLQHLPSURYHPHQWORFDWLRQVFXUEUDPSWRSRJUDSK\DW$'$XSJUDGHVLWHV and striping reference data.
2.,GHQWLI\ H[LVWLQJ WUDႈF VLJQDO ORRS GHWHFWRUV ZLWKLQ RU DGMDFHQW WR WKH SURMHFW OLPLWV DQG LQFOXGH FRQWUDFW requirements stating that the Contractor shall be responsible for protecting, repairing, and/or replacing any DႇHFWHGORRSGHWHFWRUVDVVRFLDWHGZLWKDGMDFHQWVLJQDOL]HGLQWHUVHFWLRQVLPSDFWHGE\WKHSURMHFWZRUN RICK will also identify signage and striping along the existing streets. At a minimum, the signage and striping will be restored to match the original intent. However, RICK will also evaluate the existing conditions against current CA MUTCD standards and recommend improvements if warranted.
3.&RQVXOWDQWVKDOOVXEPLWDQG
GHVLJQPLOHVWRQHSODQVVSHFL¿FDWLRQVDQGHQJLQHHU¶VHVWLPDWH Draft bidding documents (front-end documents) shall be submitted with the 90% PS&E packet for City review.
The 100% design submittal shall be considered substantially complete; however, minor revisions may be UHTXLUHGWRDGGUHVV¿QDO&LW\FRPPHQWVSULRUWR¿QDOL]LQJWKHELGUHDG\GRFXPHQWV 5,&. ZLOO GHYHORS D FRQFHSWXDO GHVLJQ DSSURDFK XWLOL]LQJ WKH LQIRUPDWLRQ JDWKHUHG IURP &LW\ DQG stakeholder input and our site observations. RICK’s design team will produce a 30% design exhibit of each street segment identifying the key engineering concepts to be developed. The preliminary exhibits ZLOOEHSURYLGHGWRWKH&LW\IRUUHYLHZWRHQVXUH5,&.LVHFLHQWO\SURFHHGLQJLQWKHGHVLUHGGLUHFWLRQIRU the project. The design approach will be discussed and implemented with the design team to ensure the WHDPPHPEHUVKDYHDFOHDUDQGXQGHUVWDQGDEOHDSSURDFKWRRSWLPL]HHFLHQF\
PRELIMINARY ENGINEERING EXHIBIT
PALMA AVEATASCADERO, CA
1160 MARSH STREET #150SAN LUIS OBISPO, CA 93401
805.544.0707
See City
Alley #3
Exhibit
Reconstruct
Ramps
Mill & Overlay
(assume 20% digouts)
Mill & Overlay
(assume 20% digouts)Mill & Overlay
(assume 20% digouts)
Retrofit
Ramp
Reconstruct
Ramp
Retrofit
Ramp
See Traffic
Way Exhibit
See Entrada
Ave Exhibit
See Entrada
Ave Exhibit
See West
Mall Exhibit
See East
Mall Exhibit
Reconstruct
Ramps
See City
Alley #2
Exhibit
Reconstruct
Ramps
Ponding in cross-gutter.
Evaluate with survey.
Ponding observed at ramp
(common with Case C ramps).
Ramp not in scope.
Reconstruct
Ramp
See City Alley #1 Exhibit
ALTERNATIVE #1
Example of a preliminary design sketch from a previous pavement rehabilitation project with the City of Atascadero. Close collaboration with staff and managers allowed for expedited issues resolution, providing an opportunity for City input and awareness of the approaches used during design development.
Council Agenda 10-06-2026 9.D-14
Attachment 3
21City of Pismo Beach | 2027 Roadway Maintenance Project Detailed design and topographic survey will commence once the 30% design has been completed, reviewed by the City, and the scope of the improvements has been determined. 5,&.ZLOOSUHSDUHDVHWRISODQVVSHFL¿FDWLRQVDQGHQJLQHHU¶VHVWLPDWH 36 (
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'XULQJWKLVSRUWLRQRIWKHGHVLJQSKDVH5,&.PD\FRQVXOWZLWKWKH&LW\IRUPLQRUFODUL¿FDWLRQVDQGZLOO LQFRUSRUDWH&LW\IHHGEDFNLQWRWKHQH[WPLOHVWRQHGHOLYHUDEOH7KHHQJLQHHU¶VHVWLPDWHZLOOXWLOL]HWKH most recent unit price data available from similar public works projects recently bid within San Luis 2ELVSR&RXQW\
RURWKHUFXUUHQWDSSURSULDWHGDWD
'XULQJWKLVWDVN5,&.ZLOO¿QDOL]HLQKRXVHTXDOLW\FRQWUROSURFHGXUHV7KURXJKRXWWKHGHVLJQSURFHVV WKHZRUNZLOOIUHTXHQWO\EHUHYLHZHGIRUGHVLJQDSSURDFKHFLHQF\DQGFRPSOHWHQHVVE\WKH3URMHFW Manager. As a means of checking the design for completeness and accuracy, RICK will have at least one UHJLVWHUHG3URMHFW(QJLQHHU
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7KLVH[SHULHQFHGRYHUVLJKWSURFHVVW\SLFDOO\UHGXFHVFRQVWUXFWLRQFRVWVDQGPLQLPL]HVXQZDUUDQWHG risk through the design process.
4. At the time of the 60% design submittal, Consultant shall provide an estimated number of working days UHTXLUHGWRFRQVWUXFWWKHSURMHFWEDVHGRQWKH¿QDOGHVLJQDQGELGUHDG\SODQV
5.&RQVWUXFWLRQ VSHFL¿FDWLRQV VKDOO FRQIRUP WR WKH &LW\ RI 3LVPR %HDFK 6WDQGDUG 3ODQV DQG 6SHFL¿FDWLRQV Where items are not addressed by City standards, the applicable reference shall be the current edition of the 6WDQGDUG6SHFL¿FDWLRQVIRU3XEOLF:RUNV&RQVWUXFWLRQ
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6. Consultant shall prepare the bid schedule and bid item descriptions in the City’s established format for inclusion LQWKH&LW\¶VIURQWHQGVSHFL¿FDWLRQVGRFXPHQW7KH&RQVXOWDQWVKDOODOVRFRPSLOHWKH&LW\¶VVWDQGDUGIURQW HQGGRFXPHQWVWKH6SHFLDO3URYLVLRQV7HFKQLFDO6SHFL¿FDWLRQVDQGDOORWKHUVSHFL¿FDWLRQVHFWLRQVLQWRD VLQJOHFRRUGLQDWHGVSHFL¿FDWLRQVSDFNDJH
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IMPROVEMENTS - ARDILLA
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CITY OF ATASCADERO
IMPROVEMENT PLANS FOR
2022 F-14 PAVEMENT
REVISIONS
NO. DATE DESCRIPTION RCE CITY
DRAWN BY:
CHECKED BY:
SHEET NO.
OFTHOMAS E. MARTIN DATERCE
PREPARED BY:
DATE:
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37.05 ft
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63.56 ft
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128.74 sf
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124.22 sf
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141.88 sf
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399.86 sf
Type A Dike
72.22 ft
Type A Dike
145.05 ft
Type E Dike
36.15 ft
AC Driveway
172.22 sf
AC Driveway
148 sf
AC Driveway
100.48 sf
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41.88 s8 sf8 s41.88 s41.88 s141.841.814141.81.888 s8 sf8 s41.88 s88 s41.41.81.88 wayay
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226.47 sf
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22City of Pismo Beach | 2027 Roadway Maintenance Project 5,&.ZLOOSUHSDUHD¿QDOELGSDFNDJHLQFOXGLQJWKHLWHPVPHQWLRQHGDERYH5,&.KDVH[SHULHQFHZLWK PDQ\ GL௺HUHQW VSHFL¿FDWLRQ IRUPDWV DQG ZLOO ZRUN FORVHO\ ZLWK WKH &LW\ WR GHYHORS D FRKHVLYH VHW RI VSHFL¿FDWLRQVIRUELGGLQJWKHSURMHFW
$IWHUWKHSODQVDUHFRPSOHWHG5,&.ZLOOSHUIRUPDFRQWUDFWRUVW\OHWDNHR௺DQGHVWLPDWHWRYHULI\WKH DFFXUDF\RIWKHELGTXDQWLWLHVDQGOLVWHGVFRSHRIZRUN7KLVWDNHR௺ZLOOEHSHUIRUPHGXWLOL]LQJ%OXHEHDP WDNHR௺WHFKQRORJ\VRDVWRPLPLFWKHDFWXDOFRQWUDFWRUV¶ELGSURFHVV%\GRLQJVRZHSURYLGHDQH[W OHYHORITXDOLW\FRQWUROEHQH¿FLDOWRWKH&LW\DQGVWDNHKROGHUV7KH%OXHEHDPWDNHR௺VSURYLGHDUHFRUGRI TXDQWLWLHVWKDWFDQEHVKDUHGZLWKWKH&LW\IRUYHUL¿FDWLRQDQGPHDVXUHPHQWRISD\PHQWDFWLYLWLHVGXULQJ bidding and construction.
C. Meeting and Reports
1.$WWHQGGHVLJQSURJUHVVPHHWLQJVWRFRRUGLQDWHZLWK&LW\VWDႇ3UHSDUHDQGGLVWULEXWHPHHWLQJDJHQGDDQG minutes, and project status reports. Schedule and attend meetings with the City’s Project Manager as QHFHVVDU\ WR UHYLHZ DQG GLVFXVV VSHFL¿F LVVXHV QRW FRYHUHG GXULQJ SURJUHVV PHHWLQJV 7KH GHVLJQDWHG Consultant Project Manager shall attend all meetings as noted below. Subconsultants shall attend meetings when requested by the City’s Project Manager or as deemed necessary by the Consultant. a..LFN2ႇ0HHWLQJ
b.0HHWLQJVZLWK&LW\6WDႇ
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2. Monthly Progress Reports: Monthly summary design reports indicating job status, schedule update and current project costs shall be submitted with monthly invoice. 2XUSURSRVDOKDVDOORFDWHGKRXUVIRUWKLVWDVNDVVXPLQJXSWRIRXU
LQSHUVRQRUYLUWXDOPHHWLQJV
DWWHQGHGE\WKH3URMHFW0DQDJHUDQG3URMHFW(QJLQHHU$QDGGLWLRQDOKRXUVKDYHEHHQDOORFDWHGIRU management and administration tasks.
D. Engineering Support During Bidding
1.&RQVXOWDQWVKDOOSURYLGHFRQVWUXFWLRQSODQDQGVSHFL¿FDWLRQLQWHUSUHWDWLRQDQGFRQVXOWDWLRQGXULQJWKHELGGLQJ phase of the project. Consultant shall assist the City’s Project Manager in answering questions from prospective ELGGHUVDQGSUHSDULQJELGDGGHQGDDVUHTXLUHGWRSURYLGHFODUL¿FDWLRQWRWKHGUDZLQJVDQGUHVSRQVHVWR5),V 2XUSURSRVDOKDVDOORFDWHGhours to assist the City during the bidding process and respond to RFIs as needed.
E. Engineering Support During Construction
1. The City reserves the right to procure construction-phase engineering support services as an amendment to this agreement or under a separate contract at the City’s discretion.
Council Agenda 10-06-2026 9.D-15
Attachment 3
City of Pismo Beach
2027 Roadway Maintenance Project
FEE ESTIMATE
Revised
September 16, 2026
TASK DESCRIPTION UNIT EST QTY RATE TOTAL FEE
Initial Site Visit
Associate HR 8 265$ 2,120$
Principal Engineering Designer HR 8 190$ 1,520$
Preliminary Design Research & Coordination
Associate HR 20 265$ 5,300$
Principal Engineering Designer HR 40 190$ 7,600$
Utility Coordination
Principal Engineering Designer HR 20 190$ 3,800$
Survey Monument Research (Nexus)
Subconsultant - (T&M + OH MU)LS 1 12,995$ 12,995$
Design Survey Support (Nexus)
Subconsultant - (T&M + OH MU)LS 1 16,905$ 16,905$
30% Design Exhibits
Associate HR 20 265$ 5,300$
Principal Engineering Designer HR 40 190$ 7,600$
60% Design and Cost Estimate
Associate HR 40 265$ 10,600$
Principal Engineering Designer HR 240 190$ 45,600$
90% Design and PS&E
Associate HR 80 265$ 21,200$
Principal Engineering Designer HR 240 190$ 45,600$
100% Design and PS&E, QA/QC
Associate HR 20 265$ 5,300$
Principal Engineering Designer HR 80 190$ 15,200$
Kick-Off Meeting
Associate HR 2 265$ 530$
Principal Engineering Designer HR 2 190$ 380$
Meetings
Associate HR 6 265$ 1,590$
Principal Engineering Designer HR 6 190$ 1,140$
Project Management & Administration
Associate HR 20 265$ 5,300$
Principal Engineering Designer HR 20 190$ 3,800$
Reimbursables (Cost + MU)
Travel Expenses LS 1 250$ 250$
Printing & Photocopy LS 1 250$ 250$
TOTAL ESTIMATED FEES = 219,880$
Estimated Construction Cost = 2,500,000$
% of Constuction Cost = 8.8%
Pre-Construction Monument Perpetuation (Nexus)
Subconsultant - (T&M + OH MU)LS 1 12,420$ 12,420$
Traffic Control Plans
Principal Engineering Designer HR 20 190$ 3,800$
Pre-Bid RFIs & Addenda
Associate HR 4 265$ 1,060$
Principal Engineering Designer HR 16 190$ 3,040$
TOTAL ESTIMATED FEES + OPTIONAL TASK = 240,200$
A
Preliminary
Engineering
C
Meetings and
Reports
Direct Costs
B
Engineering
Design (PS&E)
Optional Tasks
Exhibit B
Council Agenda 10-06-2026 9.D-16
Attachment 3
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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 – 2027 Drainage Improvements 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 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 two hundred seventy-six thousand three hundred twenty-nine dollars ($276,329), 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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Vendor Agreement (Rev. 3/2024)
B. Schedule of Payment
VENDOR will submit invoices monthly for actual services performed and associated expenses.
Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If CITY disputes any of VENDOR’s fees it shall give written notice to VENDOR within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefor.
IV. TERMINATION OF AGREEMENT
A. CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon VENDOR at least ten (10) days' prior written notice. Upon receipt of said notice, VENDOR shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT, such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.
B. In the event this AGREEMENT is terminated pursuant to this Section, CITY shall pay to VENDOR the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this Section, VENDOR will submit an invoice to CITY pursuant to Section III.
V. FORCE MAJEURE
If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, "acts of God," inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused for a period equal to the period of such cause for failure to perform.
VI. RETENTION OF FUNDS
VENDOR authorizes CITY to deduct from any amount payable to VENDOR (whether or not arising out of this AGREEMENT) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of VENDOR’s acts or omissions in performing or failing to perform VENDOR’s obligations under this AGREEMENT. In the event that any claim is made by a third party, the amount or validity of which is disputed by VENDOR, or any indebtedness exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of VENDOR to insure, indemnify, and protect CITY as elsewhere provided in this AGREEMENT.
VII. CITY REPRESENTATIVE
The Engineer is designated as the “City Representative,” authorized to act on its behalf with respect to the work and services specified in this AGREEMENT and to make all decisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are required by CITY under this Council Agenda 10-06-2026 9.D-17
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Vendor Agreement (Rev. 3/2024)
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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Vendor Agreement (Rev. 3/2024)
printing computer files. VENDOR hereby grants to CITY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.
C. All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of CITY, whether the work for which they are made be executed or not. In the event this AGREEMENT is terminated, and at the end of the term of this AGREEMENT, all such plans, studies, sketches, drawings, electronic documentation, reports, and specifications shall be delivered immediately to CITY. VENDOR may retain one copy of each document for VENDOR’S records, but shall have no proprietary rights to them. CITY agrees to indemnify VENDOR against any damages caused by the unauthorized re-use of said documents.
XIII. INDEMNIFICATION
A. Non-design, non-construction Professional Services:
To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, including CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
B. Non-design, construction Professional Services:
To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
C. Design Professional Services:
In the event VENDOR is a "design professional," and the Scope of Services require VENDOR to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) VENDOR shall indemnify, defend and hold harmless CITY and its elected officials, officers, Council Agenda 10-06-2026 9.D-18
Attachment 4
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Vendor Agreement (Rev. 3/2024)
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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Vendor Agreement (Rev. 3/2024)
hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
3. Workers’ compensation insurance. VENDOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000), as required by law.
4. VENDOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.
5. Errors and Omissions/Professional Liability. VENDOR shall maintain a policy of professional liability insurance written on a claims-made basis in an amount not less than $1,000,000. VENDOR shall also procure and pay for appropriate tail coverage for a minimum of three years following completion of the Scope of Services to cover any errors or omissions occurring during the Term. In the alternative, VENDOR may elect to obtain equivalent coverage on an occurrence basis. CITY’s Risk Manager or City Attorney may waive the requirement of professional liability insurance if he/she determines that such a policy is not commercially available to VENDOR. If such a policy is commercially available, additional cost to VENDOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived.
B. Other provisions or requirements:
1. Proof of insurance. VENDOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance.
Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements to such policies, at any time.
2. Duration of coverage. VENDOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by VENDOR, its agents, representatives, employees, or subconsultants.
3. Primary/noncontributing. Coverage provided by VENDOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
4. CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by VENDOR or CITY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, CITY may terminate this AGREEMENT as provided in paragraph IV.
5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an Council Agenda 10-06-2026 9.D-19
Attachment 4
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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.
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Vendor Agreement (Rev. 3/2024)
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.
Council Agenda 10-06-2026 9.D-20
Attachment 4
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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.
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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 Council Agenda 10-06-2026 9.D-21
Attachment 4
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will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.
XXVII. EXHIBITS
All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference.
In the event of any conflict between the terms of this AGREEMENT and the terms of an exhibit, the terms of this AGREEMENT shall control. Notwithstanding the foregoing sentence, the provisions of Section XIII of this AGREEMENT shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this AGREEMENT, even if such exhibit purports to affect the provisions of Section XIII.
XXVIII. VENDOR’S AUTHORITY TO EXECUTE
The persons executing this AGREEMENT on behalf of the VENDOR warrant that:
A. the VENDOR is duly organized and existing under the appropriate State laws; B. they are duly authorized to execute this AGREEMENT on behalf of the VENDOR; C. by so executing this AGREEMENT, the VENDOR is formally bound to the provisions of this AGREEMENT; and
D. entering into this AGREEMENT does not violate any provision of any other AGREEMENT to which the VENDOR is bound.
XXIX. INTEGRATION; AMENDMENT
This AGREEMENT represents the entire understanding of CITY and VENDOR as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this AGREEMENT. The AGREEMENT may not be modified or altered except in writing signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.
Signatures begin on next page.
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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 Kirkwood
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 10-06-2026 9.D-22
Attachment 4
Scope of Work
If selected, 4Creeks will serve as the City's design consultant for the 2027 Drainage Improvements Project. 4Creeks will be responsible for developing complete, coordinated, and constructible 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, permitting, and construction. 4Creeks' scope includes all professional services necessary to support this effort from concept through final design and support during bidding.
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.
• Attend a minimum of four meetings (kickoff, 30%, 60%, and 90%) with the City.
Task 2. Preliminary Engineering
4Creeks will review available drainage records, as-built plans, and maintenance information for the Placentia Avenue and Boeker Avenue corridors, along with roadway record drawings, pavement maintenance history, and applicable City standards. The project team will conduct urvey and utility investigations to verify inlet locations, surface drainage patterns, low points, observed groundwater seepage or ponding, trenching and pipe installation constraints, existing pavement conditions, and areas of localized pavement or base failure.
Survey monument research will be completed to identify existing monuments and support a summary of findings with recommended protection or perpetuation measures for incorporation into the design package.
Geotechnical services will be provided by Earth Systems to characterize subsurface conditions and groundwater levels along the corridors and at key proposed trench alignments and structures, and to provide recommendations related to trenching, shoring, dewatering, corrosion considerations, underdrain media, geotextiles, and backfill.
Deliverables:
• Existing conditions review.
• Field investigation summary and topographic and boundary survey. • Survey monument research summary and recommendations. • Geotechnical investigation and report.
• Utility research, mapping, and coordination.
Task 3. Civil Engineering Design
Storm Drain Basis for Design (30%)
4Creeks will develop a basis of design for the storm drain and groundwater improvements based on the City's Drainage Master Plan and project objectives. The team will confirm existing outlet conditions and downstream constraints, evaluate impacts to existing drainage systems, and develop appropriate tie-in details as part of the drainage basis of design.
Design efforts will include drain inlet spacing, longitudinal and transverse underdrain configuration, trunkline storm drain alignment and sizing, surface concrete and flowline improvement locations and a hydrology and hydraulics analysis of the new system. Stormwater treatment will be accomplished with the sizing and design of two hydrodynamic separator (CDS) units, located at the tie-in to each street’s existing storm drainage system. ([KLELW$
4Creeks will procure and coordinate hydro-excavation (potholing) at the 30% level to generally confirm the location, size, and depth of existing utilities along the corridors. A budget has been provided for this service in the fee estimate; however, additional budget may be requested depending on the number of potholes that are determined to be required during this phase.
In coordination with the roadway repair scope, 4Creeks will develop milling and overlay limits and a preliminary traffic control and construction phasing strategy addressing resident access, emergency access, and refuse service.
Conceptual Intermediate and Final Designs (30%, 60%, 90%, 100%) 4Creeks will advance the design through successive milestones, refining the lateral and trunkline storm drain system, drain inlet, manhole, and other structure details, surface drainage, erosion and sediment control provisions, and striping and pavement marking plans consistent with City Standards and the CA MUTCD. At the 60% submittal, 4Creeks will provide an estimated number of working days required for construction. Draft bidding documents (front-end documents) will be submitted with the 90% PS&E packet, and a single, coordinated specifications package incorporating the City's front-end documents, Special Provisions, and Technical Specifications will be finalized at the 100% submittal.
Deliverables:
• 30%, 60%, 90%, and 100% Plan Sets for a complete and constructable storm drain, underdrain, and roadway repair design, 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. • Hydrology and hydraulics analysis, including sizing of hydrodynamic seperators. • Milling and Overlay Plans and Striping and Pavement Marking Plans. • Traffic control and construction phasing plan.
• Estimated construction duration (provided at 60% submittal).
Task 4. Bidding Support
4Creeks will provide construction plan and specification interpretation and consultation during the bidding phase of the project.
This includes assisting the City's Project Manager in answering questions from prospective bidders and preparing bid addenda as required to provide clarification to the drawings and responses to RFIs.
Deliverables:
• Responses to bidder RFIs.
• Bid addenda, as needed.
Task 5. Engineering Support During Construction (Optional/Future Task) At the City's discretion, 4Creeks can provide construction-phase engineering support services as an amendment to the design agreement or under a separate contract. This task is identified for the City's awareness and is not included in the base scope of this proposal unless separately authorized.
Council Agenda 10-06-2026 9.D-23
Attachment 4
Scope of Work Project
Technician I
Project
Technician III Engineer II Senior
Engineer
Principal
Engineer
Associate
Utility
Designer
Surveyor
Project
Technician III
Senior
Surveyor
Senior
Surveyor
Manager
Principal Land
Surveyor
Survey Crew
(2-Man Topo)
Hydro-excavation
Contractor
Earth Systems
(Geotech)
98.00 129.00 180.00 195.00 252.00 129.00 129.00 200.00 165.00 235.00 400.00 1.15 1.15 Fee Varies Task 1 - Project Management
Project Kick-Off Meeting (1)2 6 $1,902
Project Design Review Meetings (3+)1 4 1 $1,212
Prepare and Maintain Project Schedule 4 $780
Implement Project's QA/QC Plan 9 69 5 $16,335
Review Project Scope and Budget 2 9 2 $2,619
Prepare Monthly Progress Reports and Invoicing 2 9 $2,115 $24,963
Task 2 - Preliminary Engineering
Conduct survey boundary and monument research and 9 14 5 9 $8,736 Prepare Topographical Survey 18 9 9 27 $16,407
*Hotel Stay $2,500.00 $2,500
Perform Utility Research and Coordination 66 16 $8,532
Review Existing Conditions and Treatment Selection 5 5 $2,235 Conduct Utility Hydro-excavation (Potholing)30000 $34,500 Conduct Geotechnical Work 27,825 $31,999
$104,909
Task 3 - Civil Engineering Design
30% Civil Engineering Design 120 9 36 5 $25,380
60% Civil Engineering Design 160 27 80 5 $42,360
90% Civil Engineering Design 80 9 27 2 $17,709
100% Civil Engineering Design 40 9 1 $7,167
Storm Drain Basis for Design 70 48 12 $21,414
Traffic Review 13 $3,276
Cost Estimate 18 5 9 1 $5,229
Specifications 27 5 18 1 $8,145
Construction Phasing 36 5 9 1 $7,551
$138,231
Task 4 - Bidding Support
Facilitate Pre-Bid Meeting (1)1 1 $447
Prepare Addenda to Address Bidder's Questions 40 2 9 2 $7,779 $8,226
TOTAL:66 591 76 348 63 16 27 23 9 5 36 34,500.00$ 31,998.75$ $2,500.00 TOTAL TASKS 1-4 = $276,329* Approximate cost - only actual costs will be sent to the City for reimbursement. 2027 DRAINAGE IMPROVEMENTS PROJECT
Fee Proposal - Revised 9/21/2026
4Creeks Subconsultants
Reimbursable
Expenses*TOTAL
([KLELW%
Council Agenda 10-06-2026 9.D-24
Attachment 4