Carpinteria City Council
July 14, 2025

City of Carpinteria Living Shoreline Project
Scope of Work Not for Third Party Distribution

City, executing the consultant agreement, coordinating subconsultant contracts, and overseeing compliance with Coastal Conservancy grant conditions and supporting the City with grant reporting. A cloud-based document-control system will log all transmittals, maintain version control on technical files, and house the master Gantt schedule and earned-value budget so that City staff, funders, and regulators can access up-to-date information at any time. Running meeting notes will also be maintained and shared with the City to ensure alignment on decisions, deadlines, and deliverables.

Within two weeks of Notice to Proceed, Integral will organize a half-day, on-site kick-off attended by core City staff, Coastal Conservancy representatives, and the representatives from consultant and subconsultant teams. The agenda will review project objectives, confirm lines of communication, refine the three-year work plan, define appropriate phasing of project tasks, and identify near-term data or permitting needs.

Following the kick-off, Integral will facilitate up to a one-hour coordination call every four weeks (or more frequently during key milestones) with City staff and other partners .

These calls will track schedule and budget status, flag decision points, and ensure grant reporting requirements are met in real time. Meeting summaries highlighting decisions and the next steps will be circulated to all attendees.

At the close of each month, Integral will submit a combined progress report and invoice package. The narrative will outline work accomplished, upcoming tasks, percent complete by task, grant-eligible match contributions, and any issues needing City guidance. The cost-loaded invoice will trace labor and expenses to the approved budget line items, providing full transparency for reimbursement and audit purposes.

City of Carpinteria Living Shoreline Project
Scope of Work Not for Third Party Distribution

Executed consultant and subconsultant contracts
Cloud-based document control system
Kick-off meeting agenda, attendance list, and meeting summary Monthly coordination call agendas and meeting notes
Progress reports to support conservancy grant reporting and invoicing Monthly cost-loaded invoices linked to approved budget line items Preliminary cost estimates will be developed for each primary design alternative using estimated fill volumes, haul distances, and unit costs. The estimates will account for access, phasing, and material handling, and will include contingencies appropriate for feasibility-level design.

Using quantity take-offs extracted from the 3-D surface model and current bid-item the detailed design. Unit prices will account for haul distances, mobilization, dewatering, and environmental compliance. Contingencies will be reduced in line with the higher design maturity, giving the City a realistic construction budget for funding applications and life-cycle planning.

NV5 will conduct geospatial surveys in support of design and permitting, including groundbased topographic surveys, aerial LiDAR mapping, bathymetric surveys, and boundary/right-of-way mapping. Survey control will be tied to the NAD83 and NAVD88 datums using Santa Barbara County benchmarks and established monuments. The topographic survey will include existing buildings, walkways, ADA ramps, curbs, pavement, visible utilities, and drainage structures, collected during low tide for optimal overlap with bathymetric data. Bathymetric mapping will extend offshore to the 40-foot depth contour using single-beam sonar mounted on an autonomous vessel. Aerial LiDAR and imagery will be collected via drone across approximately 70 acres, with established City of Carpinteria Living Shoreline Project
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control points and orthomosaic production. Boundary and utility mapping will incorporate review of thirteen Preliminary Title Reports, with plotted easements and constraints.

Deliverables will include AutoCAD Civil3D files, PDF exhibits, a seamless digital terrain model (DTM), signed and sealed survey maps, and utility coordination reports.

Field Investigation and Data Collection Summary
Topographic Survey Map (AutoCAD and PDF formats)
Signed and Sealed Survey Maps (Topographic, Bathymetric, Utility, Boundary) Utility Notices and Mapping
Utility Conflict and Resolution Report
Positive Location of Underground Utility Facilities (if applicable) Right-of-Way Mapping and Report
The objective of this task is to develop a robust Community Outreach and Engagement Strategy that facilitates a meaningful and efficient engagement process. The strategy will focus on reciprocal education with community members about shoreline management and its role in coastal resilience. It will ensure inclusiveness and transparency, with clearly defined contacts, partner coordination, and feedback tracking.

To achieve an effective Outreach and Engagement Strategy, we will integrate a holistic approach known as an Engagement Ecosystem. This model emphasizes mutual learning, participatory methods, measuring reach, and community partnerships. Integrating this model, the Outreach and Engagement Strategy will incorporate the following components:

Community Understanding and Access. Tailor engagement based on demographic and cultural understanding to ensure accessibility.

Participatory Methods. Employ a variety of participatory methods such as Tribal, public, and interactive gatherings and digital platforms that encourage active participation and feedback.

City of Carpinteria Living Shoreline Project
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Reciprocal Community Partnerships. Establish partnerships with Native Nations, local organizations, and other community leaders to foster trust and ensure that project benefits are mutually understood and shared.

Mutual Learning and Awareness. Facilitate a two-way exchange of knowledge through educational materials and engagement, recognizing traditional and local ecological knowledge, and cultural significance of the land.

Measuring Reach. Track engagement effectiveness through metrics such as participation rates, quality of feedback, and overall sentiment throughout the project lifecycle.

Additionally, the strategy will identify communication tools and channels to engage diverse audiences throughout the project lifecycle, including social media, local bulletins, and digital media.

To support a flexible and responsive engagement process, we will develop a suite of outreach communication tools that can be tailored during the strategy phase to meet the needs of specific audiences and project phases. These tools ranging from informational materials to a coordinated outreach toolkit and online engagement hub will help reduce barriers to participation, promote consistent messaging, and make it easier for community members to access information and provide feedback across multiple platforms. Options for communications tools include:

Informational Materials Development. Fact sheets, infographics, and brochures tailored to audience needs. Messaging will be designed to remove barriers such as language access and technical jargon, expanding the opportunity for feedback to a wide range of audiences.

Outreach Toolkit.
burdens, and ensure key messages are communicated clearly across multiple platforms and networks.

Online Engagement Hub. Project website to share updates, collect feedback, and highlight project milestones.

Our approach to Tribal engagement is intentional, adaptive, and rooted in long-standing relationships with the Chumash bands of Carpinteria and the greater Santa Barbara region.

Our strategy will meet Native leadership and communities where they are, progress at the City of Carpinteria Living Shoreline Project
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speed of trust, and support an inclusive process. We will work closely with each Chumash band to co-create a flexible and informal engagement approach that reflects their unique process. Options for meaningful engagement with Chumash bands, include:

Written Correspondence. Used to introduce the project, share key updates, and invite informal engagement while supporting formal, government-to-government consultation held by the City, as desired by each Tribe. This approach helps ensure engagement is accessible, respectful, and aligned with both Tribal protocols and the goals of shared learning.

One-on- Small, informal conversations to build trust
Insights gathered during these conversations will highlight places of mutual learning and guide the development of future engagement activities and ensure the project reflects what matters most to each community.

Tribal Roundtable Sessions. Dedicated space for Tribal representatives to receive project updates, ask questions, and share insights with the project team and, if desired, connect with one another. Guided by a facilitation plan and appreciative inquiry-based discussion tool, roundtables will be designed to be informal, responsive, and co-created with Native partners. Held virtually or in person, this structure will support both protected dialogue and inclusive participation, allowing space for internal reflection and shared learning.

Inclusion in Broader Community Engagement Activities. Invite Native leaders and community as participants in public events and broader engagement activities outlined in Task 2.3. Help prepare for formal consultation (i.e., the City and Tribes in government-togovernment consultation and consultation under CEQA).

To ensure the City has the flexibility to tailor engagement efforts to meet community needs, we offer a suite of scalable options that we can adapt based on project scope, available resources, and level of need for public participation. These options range from foundational outreach strategies to more interactive, in-depth engagement tools, allowing the project team to select the most appropriate approaches for specific goals, target audiences, and project phases. Our approach emphasizes adaptability, ensuring that each broader objectives for the Living Shoreline Project. Specific Outreach and Engagement options include:

City of Carpinteria Living Shoreline Project
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One-on-One Conversations. Tailored interviews or check-ins with key interested parties.

Focus Groups. Targeted discussions with specific population segments. These small group conversations provide an opportunity to explore attitudes, needs, and preferences in a guided, semi-structured format.

Community Micro Surveys. Quick surveys to gather localized or real-time feedback.

These short surveys delivered through digital tools and location-based outreach allow for rapid input from frequent visitors, residents, or interest groups in specific geographic areas.

Community Forums. In-person or virtual workshops, pop-ups, or presentations at local events. Forums can be tailored to community preferences and needs and offer educational and meaningful participation through meeting people where they are or providing spaces for community gathering.

Our approach to engagement activities is to meet community members where they are, ensuring we are reducing barriers to participation whenever possible, and hosting forums and activities that are adaptable to local needs and preferences. We will aim for broad, flexible participation, especially among underrepresented and marginalized community contributions of time and knowledge, providing incentives for participation and emphasizing a respectful environment.

Our public outreach and community engagement efforts include coordination with public Adaptation Project, as well as California State Parks, the Beach Erosion Authority for Clean Oceans and Nourishment, California Coastal Conservancy, Coastal Commission; property y
Promotores Network; and other community stakeholders including Santa Barbara Channelkeeper, the Environmental Defense Center, businesses and others.

We will capture, carefully analyze, and synthesize feedback from Tribal and community engagement activities to identify key themes, concerns, and priorities. We will share the results with the City and the larger team to inform project decisions in real time and will provide a final Outreach and Engagement Summary Report describing engagement activities and their impact on project outcomes.

City of Carpinteria Living Shoreline Project
Scope of Work Not for Third Party Distribution

Community Engagement Strategy and Tribal Engagement Plan (co-created with the City and interested Tribes) including a contact list and facilitation plans.

Outreach graphics and materials (e.g., website, flyers, slides, brochures).

Progress reports with activity summaries, participation estimates, and engagement take-aways.

Final engagement report, detailing how community and Tribal feedback shaped project deliverables.

Rincon will coordinate with City Department of Public Works staff, including up to three conference calls, to prepare an EIR Project Description. The EIR Project Description will include textual, tabular, and graphical descriptions of the proposed living shoreline project components and project area. The EIR Project Description will be provided to the City for review and approval prior to commencing with the EIR analyses. Rincon assumes one round of City edit/review and receipt of one consolidated, vetted set of edits/comments from the City in Microsoft Word format on the EIR Project Description.

Rincon will develop an EIR outline and share with City Department of Public Works staff for input, including during a shared screen virtual meeting. The following is anticipated to be included as part of the EIR and, thus, part of the EIR Outline:

Executive Summary - This chapter will summarize the living shoreline project and associated environmental consequences. Impacts will be presented in tabular format to simplify review by decision-makers and the general public.

Introduction - These introductory sections will lay the groundwork for and summarize the substantive analysis to follow. The introduction describes the purpose and legal authority City of Carpinteria Living Shoreline Project
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of the study, provides a discussion of lead, responsible and trustee agencies, and summarizes public comments received during the scoping period.

Project Description - This chapter will describe the living shoreline project, including describing the City as the lead agency, project site location and characteristics, the living shoreline project components, project objectives, and required EIR approvals. The living shoreline project will be described both textually and, as appropriate, graphically.

Environmental Impact Analysis - This chapter will include an introductory section describing the EIR environmental impact sections of analysis as well as the cumulative development scenario utilized in the cumulative analyses in each environmental impact section. This chapter will analyze project- and cumulative-level impacts in each environmental checklist issue area. Cumulative plans and projects to be analyzed will be discussed and approved by the City. Each topical analysis required by CEQA Guidelines Appendix G will be discussed in separate sections and include the following main components:

Introduction
Environmental Setting (description of existing conditions with respect to the topical area)
Regulatory Framework (description of the existing regulatory environment) Impacts and Mitigation Measures (including the following components) Significance Criteria
Analysis Approach
Specific Significance Thresholds
Impact Analysis (discussion of potentially significant effects of the proposed living shoreline project with each impact analysis discussion, including the following):

Construction Impacts
Operational Impacts
Mitigation measures (methods by which significant effects can be reduced or eliminated, if any)
Level of Significance (the significance conclusion including if with mitigation incorporated)
Cumulative Impacts (discussion of potentially significant effects of the proposed living shoreline project in combination with identified cumulative projects)
Other CEQA-Required Discussions - This chapter will include discussions of other issues required by the CEQA Guidelines and will include an analysis of potential growth-inducing impacts and significant irreversible environmental changes (per State CEQA Guidelines Appendix F).

City of Carpinteria Living Shoreline Project
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Alternatives - This chapter will include the analysis of up to three alternatives, including alternatives required under CEQA.

Rincon will submit the request to the Native American Heritage Commission for the latest list of Native American tribes relevant to CEQA for projects proposed within the City. Upon receipt of the tribes list, Rincon can also prepare a draft AB 52 letter template for City use in placing on City letterhead and mailing via certified mail to the tribes in order to initiate the government-to-government consultation.

Rincon will work in coordination with City Department of Public Works staff to develop an EIR Cumulative Projects list for cumulative analyses purposes. The EIR Cumulative Projects list will be provided to the City for review and approval prior to commencing with the corresponding cumulative analyses for each CEQA topic.

Rincon will work in coordination with City Department of Public Works staff to develop up to three (3) EIR Alternatives descriptions for alternatives analyses purposes, including the CEQA- list will be
provided to the City for review and approval prior to commencing with the corresponding alternatives analyses. Rincon assumes the City will provide short descriptions of alternatives deemed not feasible for inclusion in the EIR Alternatives chapter.

A 12-month schedule is anticipated for the LCP Update EIR and will involve an iterative process between City Department of Public Works staff and Rincon. Rincon will prepare a detailed EIR schedule for City review and input.

Rincon will collect relevant existing information and GIS data available from the City and created as part of the living shoreline design process. We anticipate collecting information from a variety of sources and existing documents/reports, including but not limited to, reviewing federal and State databases/maps for information as well as information from relevant City plans and CEQA documents.

City of Carpinteria Living Shoreline Project
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Draft Project Description (electronic)
Conference call with City staff to review and discuss the EIR project description comments
Final Project Description (electronic)
EIR Outline (electronic)
NAHC Tribes list request (electronic)
AB 52 Letter Template (electronic)
EIR Cumulative Projects list (electronic)
EIR Alternatives descriptions (electronic)
Rincon will prepare the EIR Notice of Preparation (NOP) for City review and approval/signature. Rincon will also prepare the Notice of Completion (NOC) and summary form to accompany the NOP filing. Rincon will e-file the NOP with the State Clearinghouse as well as physically file the NOP with the County Clerk. It is assumed that the City will post on the City website, coordinate and pay for newspaper notice publication, and print and circulate all required noticing to responsible and trustee agencies and other interested parties.

Rincon Project Manager will physically attend and assist the City with presenting during an EIR Scoping Meeting. We assume the City will be responsible for securing a location. In preparation for the Scoping Meeting, Rincon will also prepare a Scoping Meeting PowerPoint presentation that will provide the CEQA regulatory purpose, CEQA steps and opportunity for public input, living shoreline project overview, EIR approach and topics to be analyzed, scope of the EIR, estimated EIR schedule, and accepting of EIR scoping comments. It is assumed that no formal transcription of the EIR Public Scoping Meeting will be taken. Rincon will include a table in the EIR Introduction chapter that summarizes the EIR Scoping comments and provide cross reference to which EIR section such comments are addressed. Rincon will also review comments received from interested parties as part of the Community and Tribal Engagement scope of work.

NOP (electronic)
City of Carpinteria Living Shoreline Project
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E-filing NOP with State Clearinghouse and physical filing with the County Clerk EIR Scoping Meeting PowerPoint Presentation (electronic) Attend/present at EIR Scoping Meeting
EIR Scoping Comments Table inclusion in EIR Introduction Rincon will coordinate with City Department of Public Works staff and Rincon technical staff on the environmental review approach (including appropriate approach to analysis methodologies and thresholds) for the purpose of preparing the Administrative Draft EIR sections. It is anticipated the Administrative Draft EIR analysis will reflect the City of significance criteria, and other recently prepared and applicable City CEQA assessments. anticipate the environmental document will be a project-level EIR in order to provide decision-makers and the public information about the living shoreline project components and features. The EIR will be quality-reviewed internally by the Project Manager and Project Director prior to submittal to the City. An electronic copy of EIR references (i.e., the EIR Administrative Record) will also be compiled in the form of pdf files for the City.

Significance criteria from the 2025 CEQA Guidelines Appendix G will be utilized as appropriate, and specific thresholds of significance will be refined in coordination with the City. Discussions and conclusions will be supported by facts and evidence. When appropriate and feasible, the analysis will be quantified. To the maximum degree feasible, the analysis will rely on existing, readily available data and studies, including the environmental databases and other applicable planning documents. Mitigation will provide specific standards to which project components with the potential for significant environmental impacts would need to adhere. Each environmental analysis topical section of the EIR is described below; in some cases for efficiency purposes, we have suggested combining EIR topics into combined sections as well as including topics assumed to not be significant in an Effects Found Not To Be Significant section:

Aesthetics: Potential long-term visual impacts resulting from living shoreline project implementation will be reviewed. The analysis will describe how living shoreline project implementation could generally change aesthetics within the coastal area of the City, especially from important public viewpoints. Light and glare impacts will be discussed as City of Carpinteria Living Shoreline Project
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appropriate, focusing on areas where new infrastructure/activity may affect light and glare sensitive development.

Air Quality: Short-term construction and long-term operational criteria pollutant emissions from living shoreline project implementation will be quantified using the California Emissions Estimator Model (CalEEMod) and compared to Santa Barbara County Air Pollution Control District thresholds. The potential for the project to result in odor emissions will be assessed qualitatively.

A qualitative assessment of localized risk from the construction activities is proposed.

However, depending on the length of construction, the amount of haul trips required, and the quantity and type of construction equipment used (for example, United States Environmental Protection Agency (USEPA) Tier 4 and/or alternatively fueled equipment), a quantitative health risk assessment (HRA) may be recommended (see Optional Subtask

4.1a).

Biological Resources: The impact analysis will evaluate the potential for biological resources to be affected by implementation of the living shoreline project. It will include analysis of both direct and indirect impacts as well as temporary impacts that may occur during construction related to implementation of the living shoreline project. The analysis will be based on a literature review and a reconnaissance-level survey. Rincon will conduct a literature/database review of the California Department of Fish and Wildlife (CDFW) California Natural Diversity Database, CDFW Biogeographic Information and Observation System, California Native Plant Society Online Inventory of Rare and Endangered Plants, United States Fish and Wildlife Service Critical Habitat Portal and Information for Planning and Consultation, and National Marine Fisheries Service Critical Habitat and Essential Fish Habitat (EFH). Other resources include aerial photographs, topographic maps, and other readily available literature regarding biological resources present at the project site, such Program. The review will assess the potential presence of special status biological resources, including habitat for special status plant and wildlife species, critical habitat, sensitive plant communities, jurisdictional waters and wetlands, EFH, ESHAs, and suitable habitat for nesting birds. Avoidance, minimization, and mitigation measures will be developed for identified impacts. Mitigation measures will focus on measures required to adequately avoid, minimize, and mitigate potential impacts to sensitive biological resources, where feasible. A stand-alone Biological Resources Assessment report will be prepared to support resource agency permitting, including a Coastal Development Permit.

Cultural and Tribal Cultural Resources: The cultural resources analysis will assess potential impacts to historical, archaeological, and tribal cultural resources that could occur through living shoreline project implementation. The identification of known and City of Carpinteria Living Shoreline Project
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potential cultural resources at the project site will be based on background research including a records search of the California Historical Resources Information System at the Central Coast Information Center and review of readily available sources, including a review of National Register of Historic Places and California Register of Historical Resources, information on file with the California Office of Historic Preservation, and a site visit. Rincon will prepare a cultural resources technical report that summarizes the results of the background research and the site visit and provides mitigation measures to address project-specific impacts to cultural resources. Rincon will also conduct a Sacred Lands File search with the Native American Heritage Commission and review relevant ethnographic information. Impacts to tribal cultural resources will also be assessed based on the results of tribal outreach and consultation to be conducted by the City pursuant to the requirements of AB 52, as described in Task 2c. Mitigation agreed upon during the government-to-government consultation process will be incorporated into the analysis, as necessary.

Geology and Soils: The Carpinteria Living Shoreline Project area consists of sandy beaches and dune systems, and a core project objective includes addressing coastal erosion. The project will qualitatively assess potential project impacts to soil erosion and stability across the project area, particularly in relation to sensitive dune systems. The analysis will leverage existing information from previously prepared studies, including the LRVAAP) and Dune
& Shoreline Management Plan. The Preliminary Soils Engineering and Engineering Geology Reports may also be used to inform this analysis. Additionally, the analysis will evaluate potential impacts to paleontological resources and identify site-specific mitigation measures if needed based on site sensitivity.

Greenhouse Gas (GHG) Emissions and Energy: The GHG analysis will describe the consistency with applicable State, regional, and/or local plans, policies, or regulations adopted for the purpose of reducing GHG emissions will be evaluated. GHG emissions will be provided for informational purposes using the CalEEMod outputs from the air quality tially
significant environmental impacts due to wasteful, inefficient, or unnecessary consumption of energy resources; or to conflict with or obstruct a state or local plan for renewable energy or energy efficiency. The analysis will draw on energy-related goals and policies, as appropriate.

Hazards, Hazardous Materials, and Wildfire: The project area is prone to coastal flooding and wildfire risks, with potential exposure to hazardous materials during construction activities. The analysis will address specific CEQA checklist questions, including the potential for hazardous materials release, impacts on emergency response City of Carpinteria Living Shoreline Project
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plans, and increased wildfire risks. The analysis will leverage existing information from Management Plan.

Hydrology and Water Quality: The project area includes coastal waters and adjacent wetlands influenced by tidal action and freshwater inputs from local creeks. The analysis will qualitatively address specific CEQA checklist questions, including potential project impacts on water quality, changes in hydrological patterns, and potential for increased flooding. Computerized modeling to characterize hydrology, drainage patterns, and other existing physical conditions will not be conducted as part of the EIR. Rather, existing & Shoreline Management Plan) will be utilized to the extent feasible.

Land Use Planning: This discussion will analyze the relationship of the living shoreline project to applicable land use plans and planning policies. These will include, but are not limited to the City General Plan, the Regional Transportation Plan, Local Coastal Plan policies, and other applicable plans and policy documents.

Noise: Short-term construction noise and long-term operational noise and vibration impacts from implementation of the living shoreline project will be evaluated. Potential noise impacts will be quantified with consideration of living shoreline project implementation consistency with existing noise rules and regulations. Focused discussion of potential noise impacts from implementation of the living shoreline project related to on-shore and in-water material movement will also be included in the analysis. Mitigation measures will be included as applicable.

Transportation: This section will assess potential impacts associated with implementation of the living shoreline project on City- and County-wide transportation systems. It is anticipated that transportation impacts related to the living shoreline project will be associated with construction activities and that operational transportation impacts would be minimal. This section will utilize information in the form of assumed vehicle miles traveled [VMT] common to the construction and operation of living shoreline projects. Given the living shoreline project would not facilitate new residential, commercial, or office development that could result in net new operational VMT, it is assumed a separate Transportation Impact Assessment (TIA) report to support the EIR would not be required. As appropriate, the analysis will discuss goals and policies that may reduce transportation impacts, such as those intended to reduce VMT and minimize unnecessary travel.

City of Carpinteria Living Shoreline Project
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Effects Found Not To Be Significant: The following topics are assumed to be less than significant, and respective succinct qualitative assessments will be provided for these topics in an EIR section called Effects Found Not To Be Significant:

Agricultural and Forestry Resources
Mineral Resources
Population and Housing
Public Services and Recreation
Utilities and Service Systems
In addition to the environmental impact topical sections identified immediately above, Rincon will also provide the Introduction, Other CEQA-Required Discussions, and Alternatives chapters (described in more detail under Task 2b: EIR Outline) as part of the Administrative Draft EIR submittal. Rincon will submit an electronic copy of the Administrative Draft EIR to the City for review.

If the project design does not require construction equipment greater than 50 horsepower to meet USEPA Tier 4 certification or emissions standards, CARB Level 3 diesel particulate filters, or alternatively fueled (non-diesel) equipment, to determine health risk impacts from emissions of diesel particulate matter from construction activities, a refined construction Health Risk Assessment (HRA) will be performed in accordance with OEHHA Guidance. The analysis will incorporate the estimated construction emissions and dispersion modeling using the USEPA AMS/EPA Regulatory Model (AERMOD) model with meteorological data from the closest meteorological monitoring station. AERMOD dispersion model outputs will be converted into specific cancer risks and non-cancer chronic health hazard impacts in accordance with the OEHHA Guidance. The results of the construction HRA will be incorporated into the EIR Air Quality section.

Administrative Draft EIR via Microsoft Word files (electronic) Construction HRA Report via Microsoft Word files (electronic) Rincon assumes the City will provide one consolidated, vetted set of in Microsoft Word format on the Administrative Draft EIR. Rincon will attend a conference call with the City City of Carpinteria Living Shoreline Project
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to review and discuss the Administrative Draft EIR comments. Rincon will prepare the Screencheck Draft EIR, addressing City comments on the Administrative Draft EIR.

Rincon assumes the City will provide one consolidated, vetted set of comments in Microsoft Word format on the Screencheck Draft EIR. It is also assumed that comments will be limited to new content, and that comments on previously reviewed content will not be provided. Rincon will prepare the public Draft EIR, addressing City comments on the Screencheck Draft EIR. Final clean electronic word and bookmarked pdf copies will be ting of
the Draft EIR. Rincon assumes no Accessibility Remediation services to meet ADA Section 508/WCAS are required.

Rincon will compile an electronic copy of all cited literature, studies, personal communications, and reference materials used in the preparation of the EIR. These materials will be provided with the public Draft EIR and updated if needed at the Final EIR stage (see Task 8). Rincon will submit the Administrative Record to the City electronically via pdf files.

Rincon will prepare a Draft EIR Notice of Completion (NOC) and Notice of Availability (NOA) for City review and approval/signature. Rincon will also prepare a Draft EIR digital (non-editable, text recognizable) copy for electronic submittal to the State Clearinghouse.

Rincon will not be providing digital accessibility services as part of this scope; however, Rincon can provide a scope and cost for digital accessibility services in the future if requested. Rincon will e-file the NOC with the State Clearinghouse as well as physically file the NOC with the County Clerk. It is assumed that the City would post on the City website, coordinate and pay for newspaper notice publication, and print and circulate all required noticing to responsible and trustee agencies and other interested parties. one Draft EIR Public Meeting. In preparation for the Draft EIR Public Meeting, Rincon will prepare the Draft EIR Public Meeting PowerPoint presentation that will provide the CEQA regulatory purpose, CEQA steps and opportunity for public input, living shoreline project overview, EIR significance conclusions and mitigation by topic, and accepting of Draft EIR comments. It is assumed that no formal transcription of the Draft EIR Public Meeting will City of Carpinteria Living Shoreline Project
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be taken. We assume the City will secure the location. Rincon will include a table in the EIR Responses to Comments Appendix that summarizes the Draft EIR Public Meeting comments received as well as written Draft EIR comments received. Rincon staff will also coordinate with City staff during the Draft EIR public review period to review and discuss Draft EIR comments received.

Conference call with City staff to review and discuss the Administrative Draft EIR comments
Screencheck Draft EIR (electronic)
EIR Reference Materials (i.e., Administrative Record) via pdf files (electronic) NOC and NOA (electronic)
E-filing NOC with State Clearinghouse and physical filing with the County Clerk Draft EIR Public Meeting PowerPoint Presentation (electronic) Attend/present at Draft EIR Public Meeting
Draft EIR Comments Table inclusion in EIR Responses to Comments Appendix After the City has shared the comments received on the Draft EIR, Rincon will review the comments received and attend a conference call with the City to discuss the overall responses to comments approach and strategy.

Rincon will prepare an Administrative Final EIR, which will include an EIR Responses to Comments Appendix with Draft EIR Public Meeting comments and written comment letters received during the public review period and will include written responses to such comments received on the Draft EIR. This responses to comments process can be aided by a matrix identifying comments, environmental issue areas addressed by each comment, and work assignments. This task assumes that up to 50 individual comments (included in roughly 5 to 7 comment letters) will require responses to comments preparation. Respective corrections or clarifications will also be provided in the Administrative Final EIR document.

City of Carpinteria Living Shoreline Project
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Rincon will prepare a Final EIR, addressing City comments on the Administrative Final EIR.

Rincon assumes the City will provide a consolidated, vetted set of comments on the Administrative Final EIR. Final clean electronic word and bookmarked pdf copies of the no printing of the Final EIR would occur. Rincon assumes no Accessibility Remediation services to meet ADA Section 508/WCAS are required.

Rincon will prepare the Final EIR Notice of Determination (NOD) for City review and approval/signature. Rincon can also prepare a Final EIR digital (non-editable, text recognizable) copy for electronic submittal to the State Clearinghouse. Rincon will not be providing digital accessibility services as part of this scope; however, Rincon can provide a scope and cost for digital accessibility services in the future if requested. Rincon can e-file the NOD with the State Clearinghouse as well as physically file with the County Clerk. It is assumed the City will post on the City website and circulate the NOD to the commenters.

It is also assumed the City will be responsible for paying County and State fees.

Conference call with City to discuss comments received on Draft EIR and responses approach
Comments and Responses to Comments Matrix Appendix (electronic) Administrative Final EIR, including Responses to Comments Appendix (electronic) Final EIR (electronic)
NOD (electronic)
E-filing NOD with State Clearinghouse and physical filing with the County Clerk Rincon will prepare a draft Mitigation Monitoring and Reporting Plan (MMRP) table reflecting the Draft EIR. The Draft MMRP table will list each mitigation measure, agency or department responsible for each measure, when monitoring must occur, the frequency of monitoring, and criteria to determine compliance with the measures. If any mitigation measure or other information included in the MMRP changes between Draft EIR and Final City of Carpinteria Living Shoreline Project
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EIR, Rincon assumes that the City will prepare such a Final MMRP table reflecting the Final EIR.

Rincon can prepare Draft CEQA Findings of Fact and, if there are significant and unavoidable impacts identified in the EIR, a Draft Statement of Overriding Considerations (SOC). Rincon assumes the City would provide one consolidated, vetted set of comments in Microsoft Word format on the Draft Findings/SOC. Rincon could prepare the Final Findings/SOC, incorporating any rev
Draft MMRP (electronic)
Draft CEQA Findings/SOC (electronic)
Final CEQA Findings/SOC (electronic)
regarding the Final EIR during a Final EIR Hearing. In preparation for the Final EIR Hearing and as part of this task, Rincon will prepare the Final EIR Hearing PowerPoint presentation that will provide the CEQA regulatory purpose, CEQA steps and opportunity for public input, living shoreline project overview, and EIR significance conclusions and mitigation by topic. It is assumed no formal transcription of the Final EIR Hearing will be taken.

Final EIR Hearing PowerPoint Presentation (electronic)
Attend/present at Final EIR Hearing
Rincon envisions a working relationship with City Department of Public Works staff that is collaborative. While Rincon anticipates taking the lead in preparing the EIR, we have also assumed collaboration with the City will occur at each stage in the process. This task includes communication with the City throughout the course of the EIR effort and providing technical assistance as needed. We will work closely with the City for the duration of the EIR effort to carefully track progress, draw attention to any issues or difficulties encountered, and prepare the EIR in a highly defensible manner. In addition City of Carpinteria Living Shoreline Project
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Manager will be available to attend a total of up to eight one-hour virtual team meetings with the City regarding the EIR approach and preparation. Rincon will also prepare and submit monthly invoices and corresponding progress reports to the City. This project management task assumes a 12-month schedule for the EIR.

Up to eight (8) team meeting agendas and notes (electronic) Our team will prepare and submit an application to the Central Coast Regional Water Quality Control Board (CCRWQCB) for an individual Water Quality Certification pursuant to CWA Section 401. Under this task we will prepare an Application for Dredge or Fill pursuant to the procedures for discharges of dredged or fill materials to waters of the state for submittal to the CCRWQCB. Our application package will include:

Cover letter
Application Form
Check for application fee (to be provided by the City, not included in cost estimate) Project plans depicting anticipated impacts
Copies of relevant CEQA-level technical studies (water quality, biology, hydrology, jurisdictional delineation) to the extent available
Tier 2 Alternatives Analysis : To comply with State Water Resources Control Board procedures, an alternatives analysis consistent with the requirements of section 230.10 of the State Supplemental Dredge or Fill Guidelines that allows the permitting authority to determine whether the proposed project is the Least Environmentally Damaging Practicable Alternative (LEDPA). As the project inherently cannot be located at an alternate location, the alternatives analysis will only consider on-site alternatives.

Methods and feasibility details for each alternative would be developed in coordination with the City. The Tier 2 Alternatives Analysis will leverage the environmental alternatives analysis conducted in the EIR, and supplement with additional information needed.

The following considerations will be included in the analysis:

Level of impact to the aquatic ecosystem
City of Carpinteria Living Shoreline Project
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Achieving the Overall Project Purpose Considers whether the alternative would Cost Includes the consideration of costs associated with various Project components. Cost is analyzed in the context of the overall cost of the project and whether it is unreasonably expensive or exorbitant
Existing Technology Includes the consideration of limitations of existing technology, with consideration of the most efficient/least-impacting construction methods available
Logistics Includes considerations associated with the distance and utilization of existing staging areas and/or safety concerns
Other significant adverse environmental consequences Considers other significant adverse environmental consequences associated with Project alternatives
As part of this task, we will prepare and submit a Pre-Filing meeting request a minimum of 30 days prior to the submittal of the WQC application. After the 30-day period, we will be available to submit the application on behalf of the City to the CCRWQCB, along with supporting documentation. Based on the Project plans, we will calculate the anticipated CCRWQCB application fee. Review and approval of the application by the RWQCB typically requires 60 days for completion. If a final environmental document is not available at the end of the 60-day review period, CCRWQCB may deny the application. Due to new EPA regulatory procedures, CCRWQCB cannot pause the 401 Certification review period, so Rincon recommends the 401 Certification application be submitted within 90 days of the anticipated release of the EIR. Upon receipt of the CCRWQCB WQC, Rincon will review the document on behalf of the City to identify any problematic or unexpected mitigation requirements about which the City may wish to negotiate with the agency.

Based on our understanding of the project and the assumption that the project would place fill in Waters of the U.S., we believe a Clean Water Act (CWA) Individual Permit will be the most applicable permit for the project to achieve compliance with Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. However, we will coordinate with the U.S. Army Corps of Engineers (USACE) to determine if a Nationwide Permit may be applicable. The USACE will be the lead agency for purposes of federal agency consultations, and the permit application will be accompanied by information to inform the requirements for Section 106 of the National Historic Preservation Act, Section 7(a)(2) of the Endangered Species Act (ESA), and Essential Fish Habitat (EFH). We assume the project is intended to be designed in such a way that effects to listed species and/or historic resources would not be adversely impacted by the implementation of the project and the project will not require formal consultation.

City of Carpinteria Living Shoreline Project
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Rincon understands that a 404 permit is needed from the USACE. As such, compliance with Section 106 of the NHPA will be required. To satisfy the Section 106 component of this project, Rincon will use the cultural resources study completed under CEQA to inform a Section 106 letter that the USACE may use to satisfy their requirements under the NHPA.

For this task, Rincon assumes no new fieldwork or new records searches will be required.

Rincon will contact local tribal representatives and local historical groups under Section 106 and provide the results of those outreach efforts in the letter. Rincon will not lead any Section 106 consultation efforts and refer any contacts to the USACE should they wish to consult on the project. Rincon assumes the project will not result in an adverse effect to historic properties and the USACE will manage consultation with the State Historic Preservation Office without assistance from Rincon
A complete Coastal Development Permit (CDP) application package requires the preparation of an application form. We assume the project would occur within the City Local Coastal Program and California Coastal Commission (CCC) permit and appeals jurisdiction and that the City will defer authority to the CCC. Under this task, we will populate all required forms with the required project information and analysis. We will provide the City with a completed application package for review and comment prior to submittal to the CCC. Below is an overview of the materials to be compiled for the Project description
CDP application (with applicant and property owner signatures) Proof of legal interest
Copies of local approvals
Mailing List and Stamped envelopes
Project maps
Project plans
Environmental Review
The project would occur in the bed of tidal and navigable waters which is under California State Land Commission (CSLC) jurisdiction. We will coordinate with CSLC for the issuance of a lease agreement, if determined to be required. A Mean High Tide Line (MHTL) Survey City of Carpinteria Living Shoreline Project
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for CSLC determination will be required. The survey will be conducted and prepared to comply with the current CSLC requirements for a MHTL survey for beach nourishment.

One meeting with each resource agency prior to permit application submittal is included in this task.

This task includes time to address one round of consolidated City comments on each permit application.

City will pay application fees.

Formal consultation under Section 106 of the National Historic Preservation Act, Section 7(a)(2) of the ESA, and EFH will not be required.

We assume each application package will be complete upon submittal.

Permit Application Package (e.g., Coastal Development Permit, Section 404/401, State Lands Commission lease)
Permit Exhibits and Figures
Permit Coordination and Responses to Agency Comments
City of Carpinteria Living Shoreline Project
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Integral will conduct field investigation across the project area to document existing beach and backshore conditions. Field staff will walk the site at low tide to photograph coastal features, identify infrastructure, and flag any access constraints, sensitive habitats, or utility conflicts. Observations will be documented to support design and permitting. As part of the investigation, representative sand samples will be collected from the beach to support grain size analysis and inform compatibility assessments for potential fill material.

Integral will compile and synthesize historical data including NOAA tidal records, hindcasted and measured wave datasets, and documented erosion rates. The shoreline position will be tracked using historical aerial photography, satellite imagery, and topographic datasets to assess long-term beach evolution and recession trends. Where available, existing grain size data will be incorporated to characterize sediment behavior along the project reach. All spatial datasets will be mapped in GIS to support visualization and analysis of shoreline change, sediment trends, and wave forcing conditions. These data sources will be assembled into an environmental timeline and organized within a geospatial database to support modeling, design development, and CEQA documentation.

Using existing regional data, including BEACON, USGS, sediment studies, and prior site investigations, Integral will evaluate potential sand sources for compatibility with the opportunistic sources will be screened for volume, accessibility, and suitability. Available grain size distributions will be compared to site conditions to shortlist viable options for future sampling or coordination.

City of Carpinteria Living Shoreline Project
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Integral will conduct a coastal processes assessment to define the physical design conditions for the living shoreline. This includes water level analysis using tidal datums, surge records, and sea level rise projections; wave climate analysis from offshore to nearshore; and sediment transport modelling using Delft3D and/or XBEACH. Historical shoreline trends, sediment behavior, and equilibrium profile conditions will also be evaluated to inform a realistic and resilient design envelope. The outputs will be used to optimize sand grain size, fill geometry, and long-term morphology under sea level rise scenarios.

Building on the physical process analysis, Integral will develop up to three preliminary living shoreline design alternatives, each combining a dune and beach berm system with appropriate vegetation, setbacks, coastal structures, if necessary, and coastal access. The designs will be evaluated under two design scenarios and two sea level rise projections (most likely 1 and 2 ft relative to 2020 water levels), consistent with a 30-year design life.

XBEACH-1D and 2D simulations will be used to assess wave runup and erosion performance for each alternative. Each conceptual design will define key parameters such as crest elevation, seaward slope, and material gradation to ensure ecological function and shoreline protection under design storm conditions with projected sea level rise.

A series of advanced fill calculations will define present and future volume, placement, and staging requirements to meet project objectives throughout the design life and evaluate stabilization structure cost benefits. This includes shoreline change assessments, active profile bounds, cross-shore and long-shore transport modeling, and sediment budget development. These tools will be used to identify appropriate maintenance cycles, tat and access
goals.

Building on numerical modeling results, Integral will define high-level parameters and evaluate stabilization elements such as low-crested groins and resilient beach elements (e.g.,buried cobble toe, geotextile core, or anchored logs). The design will describe type, location, footprint, and compatibility with natural processes and permitting constraints.

City of Carpinteria Living Shoreline Project
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Integral will screen potential borrow sites based on available geotechnical and geophysical data, including offshore shoals, creek detention basins, and regional opportunistic sources. This task will determine the feasibility of each source based on volume, sediment compatibility, access constraints, and regulatory viability. Field investigations may be scoped as a follow-up in detailed design.

Integral will evaluate the preferred design and any key alternatives using numerical modeling techniques to quantify shoreline response, overtopping, and long-term stability under multiple sea-level-rise scenarios. Model outputs will be paired with criteria such as lifecycle cost, habitat uplift, and alignment with community and regulatory priorities.

Results will be summarized in a decision-support matrix to assist the City and the Coastal Conservancy in selecting the most balanced, resilient option.

A technical memorandum will be prepared recommending a preferred living shoreline concept, supported by rationale, performance metrics, trade-off discussion, and adaptive pathways. The memo will clearly identify assumptions and provide a basis for CEQA and permitting.

Integral will prepare a preliminary plan set suitable for permitting and CEQA documentation. Drawings will include cover sheet, existing conditions, site grading, plan views, typical sections, and general details. Plan sets will show geometry, utilities, jurisdictional boundaries, and environmental resources in sufficient detail for the relevant agencies review.

A technical specification package will be outlined to describe required materials, acceptable borrow characteristics, planting palettes, construction sequencing, and environmental protection measures. The package will focus on functional outcomes while allowing flexibility in contractor means and methods.

Deliverables for this task will include a Preliminary Design Technical Memorandum, preliminary plan set, specifications outline, and supporting figures suitable for CEQA and permit application packages. Task 6 deliverables are:

City of Carpinteria Living Shoreline Project
Scope of Work Not for Third Party Distribution

Preliminary Design Technical Memorandum
Preliminary Plan Set
Outline Technical Specifications
Supporting Figures for CEQA and Permit Applications
Integral will advance the preferred living-shoreline concept from preliminary to detailed design level, completing all site-specific calculations so that geometric parameters, structural loads, and hydraulic capacities are based on measured data rather than assumptions. The plan set will expand to show a fully coordinated grading layout with stationing, intersection points, and cross-sections that extend from back-beach tie-ins to the offshore closure depth. Sheets will include a cover, general notes, vicinity and site maps, existing conditions, detailed plans, cross-sections at 50- to 100-foot intervals, utility avoidance buffers, drainage connections, and habitat restoration details providing enough information for constructability review and agency permitting.

Detailed specification package will be drafted for City review. Divisions will cover general requirements, earthwork, sand and cobble material gradations, dune vegetation and irrigation, access-way surfacing, environmental protection measures, storm-water pollution controls, and post-construction monitoring. Each section will state performance criteria, acceptable products, and submittal requirements, giving prospective contractors clear direction while retaining flexibility in means and methods.

Detailed Design Plans
City of Carpinteria Living Shoreline Project
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Draft Technical Specifications
Updated Opinion of Probable Construction Cost (OPCC)
Documentation of engineering calculations
GIS and CAD files for City and permitting agency use
Upon City approval of the pre-final documents, Integral will finalize the bid-ready package.

No further technical revisions are expected at this stage. The package will include signed and sealed drawings, specifications (standalone or embedded in the plans), and the OPCC.

Integral will also incorporate front-end documents supplied by the City, tailored to match advertisement and contractor bidding without additional design modifications.

Pre-final plans
Pre-final specifications
Pre-final opinion of probable construction cost
Final stamped and signed bid plans
Final stamped and signed specifications
Final stamped and signed opinion of probable construction cost Bid package including front-end documents for public advertisement City of Carpinteria Living Shoreline Project
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The Carpinteria Living Shoreline Project schedule spans the full 3-year grant window (July 2025 June 2028). The accompanying Gantt-style graphic (see tables below) shows when each task begins and ends; dark-blue cells indicate active periods for main tasks, light-blue cells show subtasks, and white cells denote stand-by or City review periods.

City of Carpinteria Living Shoreline Project
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General & Grant Administration
All work will be completed within the 3-year Coastal Conservancy grant window (July 2025 June 2028); any extension will require written Conservancy approval.

Integral will serve as single point-of-contact with the Conservancy; City staff will consolidate comments before forwarding to the project team.

Cloud-based document control (SharePoint) provided by Integral will be the official repository; all parties will upload final deliverables there.

Design Life, Scenarios, and Modeling
A 30-year design life (through ~2055) is assumed for sizing dunes, berms, and maintenance cycles consistent with other Conservancy living-shoreline projects.

Engineering evaluation will test two sea-level-rise scenarios (likely 1 ft and 2 ft relative to 2020 mean sea level).

Up to three conceptual design alternatives and two constructionphasing/maintenance scenarios will be developed.

Data & Field Work
All existing regional data (NOAA tides, SBCAPCD waves, BEACON sediment studies, prior lidar) will be available at no cost.

Bathymetric mapping extends only to the 40-ft depth contour; deeper offshore data from NOAA charts will supplement the terrain model.

Thirteen Preliminary Title Reports are assumed sufficient to define ROW/easement constraints; no parcel acquisitions are included in this scope.

Regulatory & Environmental Review
The City will serve as CEQA Lead Agency; Rincon will prepare a project-level EIR on a 12-month timeline.

Federal consultations (ESA §7, NHPA §106, EFH) are assumed to conclude out-of-scope.

Permit set includes CDP, USACE §404, RWQCB §401, CSLC lease; no incidental take permit or Coastal Engineering Permit is anticipated.

One pre-application meeting per agency and one round of consolidated agency comments are budgeted.

Community & Tribal Engagement
Early and ongoing contact with Chumash bands will begin Q3 2025 and include at City of Carpinteria Living Shoreline Project
Scope of Work Not for Third Party Distribution

Public outreach deliverables presume English and Spanish translation; additional languages would require amendment.

Stipends for participation are capped at the amounts in Task 4; higher demand will require City approval of additional funds.

Deliverables & Reviews
Each major deliverable (30 %, 65 %, 90 %, 100 %) includes one consolidated City/Conservancy review and one revision cycle.

GIS deliverables will be provided in ESRI geodatabase and CAD (Civil 3D 2022) formats; ADA-compliant PDFs supplied for all public-facing documents.

These assumptions form the basis for schedule, scope, and fee. If actual conditions differ materially, the project team will work with the City to adjust tasks accordingly.

The total proposed fee for all tasks is $1,619,993. Detailed labor hours and cost breakdowns by task and staff are provided in Appendix A. 11 EXHIBIT B

PAYMENT SCHEDULE
City of Carpinteria Living Shoreline Project
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Integral Consulting Inc.
200 Washington St., Suite 201
Santa Cruz CA, 95060
www.integral-corp.com
12 EXHIBIT C

INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.

Consultant shall provide the following types and amounts of insurance:

Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence.

Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.

Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease.

Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence.

Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. 13 Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII.

General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:

1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, volunteers and agents, using standard ISO endorsement No. CG 2010-0413. Consultant also agrees to require all contractors and subcontractors to do likewise.

2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’s employees or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.

3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.

4. 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.

5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.

6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g., elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.

7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option.

8. Certificate(s) are to reflect that the insurer will provide 30 (thirty) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate.
14 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City.

10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant 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. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Consultant’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.

12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change.

If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.

13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.

14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.

15. Consultant will renew the required coverage annually as long as City or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.

16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.

Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.

17. The provisions of any workers’ compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 15 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. 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 limiting or all-inclusive.

19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.

20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.

21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements.

There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

22. The City’s failure to comply with reporting requirements should not affect coverage required under the Agreement.

23. The consultant’s insurance is primary to that of any insurance claimed by the City.

Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
16 EXHIBIT D
WORKERS’ COMPENSATION REQUIREMENTS
The Consultant is required to sign and file a statement acknowledging its obligation to secure payment of Workers’ Compensation before beginning work.
17 ACKNOWLEDGEMENT OF WORKERS’ COMPENSATION OBLIGATION
I, David Revell, hereby acknowledge my obligation to secure payment of Workers’ Compensation before beginning work.

Integral Consulting Inc.

By:__________________________
David Revell, PH.D., Principal
Dated:________________________
18 EXHIBIT E

RESOLUTION OF CONSTRUCTION CLAIMS
The following pertains to Public Contract Code Sections 20104 through 20104.6 (Resolution of Construction Claims)

1. This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency.

2. This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article

7.1 (commencing with Section 10240) of Chapter 1 of Part 2.

3. “Public work” means “public works contract” as defined in Section 1101 but does not include any work or improvement contracted for by the state or the Regents of the University of California.

4. “Claim” means a separate demand by the contractor for (a) a time extension, (b) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (c) an amount the payment of which is disputed by the local agency.

5. The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article.

6. This article applies only to contracts entered into on or after January 1, 1991.

7. For any claim subject to this Agreement, the following requirements apply:
a. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. b. (1) For claims of less than fifty thousand dollars ($50,000), the City shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant. 19 (3) The City’s written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.
c. (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the City shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant. (3) The City’s written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. d. If the claimant disputes the City’s written response, or the City fails to respond within the time prescribed, the claimant may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. e. Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.
f. This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.

The following procedures are established for all civil actions filed to resolve claims subject to this article:

8. Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both 20 parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.

9. (a) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(b) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds.
(c) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney’s fees of the other party arising out of the trial de novo.

10. The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.

11. The City shall not fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract.

12. In any suit filed under Section 20104.4, the City shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.

13. Pursuant to California Public Contract Code Section 7201, the City may not retain greater than five (5%) percent of contract price.

City of Carpinteria

COUNCIL AGENDA STAFF REPORT

ITEM FOR COUNCIL CONSIDERATION
A Maintenance Agreement with Precision Concrete Cutting for Sidewalk Repairs through the Cooperative Purchasing Contract by the California Joint Powers Insurance Authority.

STAFF RECOMMENDATION
Authorize the City Manager to execute a Maintenance Agreement with Precision Concrete Cutting for sidewalk repairs in an amount not to exceed $62,157.41 through the Cooperative Purchasing Contract by the California Joint Powers Insurance Authority.

Sample Motion: I move to authorize the City Manager to execute a Maintenance Agreement with Precision Concrete Cutting for sidewalk repairs in an amount not to exceed $62,157.41 through the Cooperative Purchasing Contract by the California Joint Powers Insurance Authority. (This motion requires a roll-call vote.)

BACKGROUND
The Public Works Department develops, implements, and updates the Sidewalk Assessment Program which provides for the systematic approach in prioritizing sidewalk repairs. Similar to the Pavement Management System, the Sidewalk Assessment Program regularly inspects the condition of concrete sidewalks within the City right-ofway. Also similar to the Pavement Management System, the Sidewalk Assessment Program divides the City into four zones — Sidewalk Maintenance Zone 1, 2, 3, and 4.

In January 2019, Precision Concrete Cutting entered into a Master Services Agreement with the California Joint Powers Insurance Authority (CJPIA) for the Sidewalk Repair and Maintenance Program Pricing and Services. The Master Services Agreement is a cooperative purchasing contract in which CJPIA is the lead agency in soliciting competitive bids on behalf of its members. The Master Services Agreement established an agreed-upon set of services and related costs in order for CJPIA members to access sidewalk repair and maintenance services on an as-needed basis. As a CJPIA member, the City is allowed to directly enter into a contract with Precision Concrete Cutting through the Master Services Agreement pursuant to Carpinteria Municipal Code Section 3.32.210 (Cooperative Purchasing).

The purpose of this agenda matter is for the City Council to authorize the City Manager to execute a Maintenance Agreement with Precision Concrete Cutting for sidewalk repairs in the amount of $62,157 through the Cooperative Purchasing Contract by CJPIA.

Agenda Section: Administrative Matters
Agenda Item No.: 11
Council Meeting Date: July 14, 2025
Maintenance Agreement with Precision Concrete Cutting
July 14, 2025

DISCUSSION
Sidewalk Maintenance Zone 4 is the next area for sidewalk repairs. Sidewalk Maintenance Zone 4 encompasses Casitas Pass Road between Carpinteria Avenue and approximately 850 feet north of Via Real, Concha Loma neighborhood, and The Northeast neighborhood (i.e. Bailard Avenue, Mark Avenue, Via Real, etc.). A visual inspection of Sidewalk Maintenance Zone 4 identifies 17,938 square feet (or approximately 2,951 linear feet) of sidewalks that are in need of immediate repair.

The proposed Maintenance Agreement with Precision Concrete Cutting is provided in Attachment A. The general scope of work includes sidewalk repairs to abate trip hazards for Sidewalk Maintenance Zone 4. Sidewalk repairs will be made in conformance with the Americans with Disabilities Act (ADA) standards.

POLICY CONSISTENCY
The recommendation is consistent with the following objectives and policies of the Circulation Element of the General Plan and Local Coastal Plan:

Objective C-7: Build demand for alternative transportation use by increasing ease, effectiveness, and social acceptability, and through foresighted planning.

Policies:

C-7b. Develop safe and direct pedestrian accessibility between residential areas, schools, parks, and shopping areas in both new and existing urban areas.

Objective C-8: Support and develop safe, direct and well-maintained bicycle and pedestrian systems and recreational boating facilities that serve all segments of the public.

Policies:

C-8a. Integrate the development of bicycle routes and pedestrian pathways in additional areas of the city, and encourage the utilization of such routes for commuting as well as recreational purposes.

C-8f. Encourage pedestrian movement by providing pedestrian facilities that are direct and convenient, particularly in the beach and downtown areas.

FINANCIAL CONSIDERATIONS
No additional funding is requested. There is sufficient budget in 215-431-5302 – Measure A Fund.

Maintenance Agreement with Precision Concrete Cutting
July 14, 2025

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The recommendation is consistent with Carpinteria Municipal Code Section 3.32.210 (Cooperative Purchasing).

The sidewalk assessment and repairs will comply with the current Americans with Disabilities Act (ADA) standards.

OPTIONS

1. Authorize the City Manager to execute a Maintenance Agreement with Precision Concrete Cutting. (Staff recommendation)

2. The City Council could choose not to consider the recommendation and provide further direction to staff.

PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at the meeting.

ATTACHMENTS
Attachment A: Maintenance Agreement
Staff contact:

John L. Ilasin, Public Works Director
(805) 880-3402; [email protected] Signature
Reviewed by:

Licette Maldonado, Administrative Services Director
(805) 755-4448; [email protected] Signature
Reviewed by:

Ryan Kintz, Assistant City Manager
(805) 755-4400; [email protected] Signature
Reviewed by:

Michael Ramirez, City Manager
(805) 755-4450; [email protected] Signature

ATTACHMENT A
Maintenance Agreement

AGREEMENT FOR MAINTENANCE SERVICES
THIS AGREEMENT FOR CONSTRUCTION CONTRACTOR SERVICES (“Agreement”) is made and effective as of the 14th day of July 2025 by and between the City of Carpinteria, a municipal corporation (“City”), and Precision Concrete Cutting (“Contractor”) (collectively, the “Parties”) at Carpinteria, California, with reference to the following facts:

A. City has determined that it is necessary and appropriate to engage a contractor to carry out the services described herein; and
B. Contractor has represented itself as being fully qualified and available to perform the contracting services necessary to complete the work in a timely manner; and C. City desires to contract with Contractor and Contractor is willing to perform the contracting services, subject to the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:

1. SERVICES.

1.1 Basic Work. City hereby retains Contractor to perform the services described and set forth in the attached Exhibit A (“Basic Work”), which is incorporated by this reference as though set forth in full. Contractor agrees to furnish at his own expense all labor, materials, equipment, tools, transportation, and services necessary for the successful completion of the Basic Work, except such materials, equipment and services as may be stipulated in Exhibit A. Contractor shall complete the Basic Work according to a schedule of performance which is also set forth in Exhibit A. The Parties agree and acknowledge that time is of the essence in performance of this Agreement.

1.2 Additional Work. In addition to the Basic Work, City may elect to have Contractor perform additional work that is beyond the current scope of the Basic Work (“Additional Work”). Such Additional Work shall be mutually agreed to in advance and specified in a writing, which shall also specify the basis for the Contractor’s fee for such Additional Work. Basic Work and Additional Work are referenced collectively as “Work.”

2. PERFORMANCE.

2.1 Standard of Performance. Contractor shall faithfully, competently and diligently perform the obligations and responsibilities required by this Agreement, applying best management practices and the same standards of care utilized by persons commonly engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall review all plans and specifications and report any errors or omissions to the City before beginning any Work. Contractor shall not engage the assistance of subcontractors for performance of the Work unless previously agreed to in writing by the Public Works Director or his/her designee. 2 All Work is to be completed in accordance with, and as applicable to the latest revision of Santa Barbara County’s Engineering Design Standards, City of Carpinteria Municipal Code, Caltrans Standard Specifications for Public Works Construction, and traffic control as set forth in accordance with the provisions of the California MUTCD or as specified by the Public Works Director or his/her designee.

2.2 Completion of Work. Work shall be completed within 90 days of the signed date of this Agreement, unless extended in writing by the City.

2.3 Labor and Materials. Contractor agrees to furnish at his own expense all labor, materials, equipment, tools, transportation, and services necessary for the successful completion of the Work, except such materials, equipment and services as may be stipulated in Exhibit A. Contractor shall supervise fulfillment of the provisions of this Agreement by its employees and subcontractors and shall be responsible for the timely performance of the Work as required by this Agreement.

2.4 Review of Work. Contractor shall furnish City with reasonable opportunities from time to time to ascertain whether the Work is being performed in accordance with this Agreement. All work done and materials furnished shall be subject to final review and approval by the Public Works Director or his/her designee; Contractor is not authorized to provide final approval or review, which is solely City’s function and role. City review and approval of such Work shall not, however, relieve Contractor of any of its obligations under this Agreement.

2.5 Contract Administration. The Public Works Director or his/her designee shall represent the City in all matters relating to the administration of this Agreement. The Public Works Director or his/her designee shall have the authority to act on the City’s behalf to review and approve all Work submitted by Contractor and may execute all necessary documents to authorize Contractor to perform Additional Work as provided for herein.

2.6 Representations and Warranties. Contractor represents and warrants to City that: (i) its fulfillment of its obligations and, as applicable, performance the Work under this Agreement, will not violate any applicable or breach any contracts with third parties and (ii) it has the right, power and authority to fulfill its obligations, and, as applicable perform the Work, and enter into this Agreement; (iii) the Work contemplated hereunder will be performed by adequately trained and properly licensed personnel in a professional manner, with such personnel having the requisite skill and expertise necessary to perform and complete the Work in accordance with best management practices and industry standards and in accordance with the terms and conditions of this Agreement; and (iv) the Work and all deliverables provided hereunder will conform to the specifications agreedto by the parties.

3. TERM. This Agreement shall be effective as of the date first above written and shall continue until all Work to be provided by Contractor are completed to the satisfaction of the City. 3 4. COMPENSATION.

4.1 Basic Work. For Basic Work, City shall pay Contractor on a time and materials basis, not to exceed amount of Sixty-Two Thousand One Hundred Fifty-Seven dollars and Forty-One Cents ($62,157.41) as full compensation for all labor, materials, equipment, tools, transportation, and Work. This compensation shall be paid in accordance with the payment rates and schedule as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based on the actual time spent on the tasks and the actual price of the necessary materials.

Contractor agrees that the above named price shall be full compensation for successful completion of the Basic Work pursuant to the terms outlined in Exhibit A, as well as for furnishing all said labor, materials, equipment, tools, transportation and services, furnishing and removing all plant, temporary structures, tools, and equipment, and doing everything required by this Agreement, for all loss and damages arising out of the nature of the Work, or from the action of the elements, or from any unforeseen difficulties which may arise during the prosecution of the Work until its acceptance by City, and for all risks of every description connected with the Work, for all expenses resulting from the suspension or discontinuance of work, except as are expressly stipulated in this Agreement to be borne by City and for completing the Work in accordance with the requirements of this Agreement.

4.2 Additional Work. Contractor shall not be compensated for any Work rendered in connection with its performance of this Agreement which is in addition to the Basic Work, unless such Additional Work is authorized in advance and in writing in the method provided for herein. Contractor will submit fee estimates for such Additional Work upon request of City.

4.3 Consideration. Contractor agrees to perform the Work according to the terms of this Agreement for the abovementioned price and City agrees to pay Contractor at the time, in the manner, and upon the conditions stipulated in this Agreement. City and Contractor, for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants contained in this Agreement and in the attached Exhibits.

4.4 Invoices. Each and every payment by City shall be subject to City’s receipt of an invoice outlining the items for which payment is requested. Payment to Contractor as to any undisputed fees shall be made, after verification of Contractor’s performance, within 30 (thirty) days of receipt of invoice. If City disputes any of Contractor's fees, it shall give written notice to Contractor within 30 (thirty) days of receipt of an invoice of such disputed fees. The City shall pay interest at the legal rate on any invoices not paid within 30 days of submission where the validity of the request is not disputed and the request has been properly submitted.

4.5 Withholding. City reserves the right to withhold future payment to Contractor if any aspect of the Contractor’s work is found to be substantially inadequate. City shall notify 4 Contractor in writing of deficiencies believed to be substantially inadequate within thirty (30) days after completion of Work.

4.6 Taxes/Insurance/Licenses. Contractor shall be solely responsible for the payment of any federal, state, or local income tax, social security tax, workers’ compensation insurance, state disability insurance, and any other taxes or insurance which Contractor is responsible for paying as an independent contractor under federal, state or local law. At all times during the term of this Agreement, Contractor and all subcontractors shall have in full force and effect all licenses necessary for the performance of Work hereunder, including without limitation, business licensing from City, all at the sole cost of Contractor.

5. RECORDS.

5.1 Financial Records. Contractor 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 Work under this Agreement. Contractor shall also maintain adequate records of Work provided in sufficient detail to permit an evaluation of Work.

All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

5.2 Access to Records. Contractor shall provide free access to the representatives of City or its designees at reasonable times to books and records as set forth in Section 5.1; shall give City the right to examine and audit said books and records; shall permit City to make transcripts 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 four (4) years after receipt of final payment.

5.3 Original Records. Upon completion of, or in the event of termination or suspension of this Agreement, all completed and incomplete original agreements, data, documents, designs, drawings, exhibits, maps, models, computer files, reports, studies, surveys, notes, and other work, materials or documents prepared or used to prepare Contractor’s work product in the course of providing the Work pursuant to this Agreement (“Contractor Work Product”) shall become the sole property of City once the Contractor has received payment. City may duplicate, disclose, disseminate, use, reuse or otherwise dispose of Contractor Work Product in whole or in part in any manner it deems appropriate, without the permission of Contractor. With respect to computer files, Contractor shall make available to the City, at Contractor's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Contractor may retain copies of such Contractor Work Product as a part of its record of professional activity.

6. TERMINATION.

6.1 Termination Without Cause. This Agreement may be terminated by either party for any reason upon ten (10) days prior written notice by the terminating party to the other 5 party. In the event of a termination, the date of termination shall be deemed to be the first business day occurring after the expiration of the notice period. Upon receipt of said notice, Contractor 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.

6.2 Termination With Cause. City may terminate this Agreement with cause, effective immediately upon written notice of such termination to the other party and failure of the breaching party to correct to the City’s satisfaction within five (5) days of receiving such notice, based upon the occurrence of any of the following events:
 Material breach of this Agreement by Contractor;
 Cessation of Contractor, or subcontractors under his or her control, to be licensed, as required;
 Failure to substantially comply with any applicable federal, state or local law or regulation;
 Filing by or against Contractor of any petition under any law for the relief of debtors; and,
 Filing of a criminal complaint against Contractor for any crime, other than minor traffic offenses.

6.3 Performance and Payment Upon Termination. In the event this Agreement is terminated, with or without cause, City shall pay Contractor for the outstanding balance owed for Work performed up to the time of termination. Upon termination of the Agreement, Contractor shall submit an invoice to City as provided for herein and shall submit to the City all of its files for any billable or non-billable matters in which the Contractor is involved under the scope of this Agreement.

6.4 Termination Upon Mutual Consent. This Agreement may also be terminated by mutual consent of the Parties and in accordance with the terms and conditions of any plan of termination established by the Parties. In the event of a termination by mutual consent, the date of termination shall be such date as is agreed upon by the Parties. The Parties may agree to suspend or terminate a portion of this Agreement and such suspension or termination shall not make void or invalidate the remainder of this Agreement.

7. DISPUTE RESOLUTION. If any dispute, claim or disagreement shall arise relative to the interpretation or enforcement of this Agreement, the Parties shall use commercially reasonable efforts to settle the dispute, claim or disagreement. To this end, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties. If they do not reach such a solution within a period of thirty (30) days, then, upon notice by either party to the other, the dispute, claim or disagreement shall be submitted to final, binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator shall have the authority to assess arbitration costs and expenses against either or both Parties.

The decision in the arbitration shall be binding on all Parties, and judgment on any arbitration award may be entered in any court of competent jurisdiction. 6 8. INSURANCE. Prior to the beginning of the Work and for the duration of this Agreement, Contractor shall maintain insurance coverage as specified in the attached Exhibit C, which is incorporated by this reference as though set forth in full.

9. INDEMNIFICATION. To the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, obligations, claims, penalties, damages, costs, interest, actions, judgments, suits and expenses or disbursements of any kind or nature whatsoever, including attorneys’ fees and costs (“Claims”), which in any way relate to this Agreement or to the performance of this Agreement by any individual or entity for whom Contractor is legally liable, including but not limited to, officers, agents, employees, subcontractors or consultants of Contractor (“Agents”). Contractor shall also indemnify, defend and hold harmless Indemnified Parties from and against any and all Claims which arise out of the negligence, recklessness, strict liability or willful misconduct of the Contractor and Agents.

10. RELEASE OF INFORMATION.

10.1 Confidentiality. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released except to the City, directly or indirectly, by Contractor without City's prior written authorization. Contractor, its officers, employees or subcontractors shall not voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Work performed under this Agreement unless requested by the City Attorney or authorized in writing by the City Manager or his designee. Response to a subpoena or court order shall not be considered "voluntary" provided that Contractor shall give City prompt written notice of any such court order or subpoena. The provisions of this Paragraph shall survive the termination of this Agreement.

10.2 Notice and Cooperation. Contractor shall promptly notify the City Manager and City Attorney in writing if Contractor, its officers, employees, agents or subcontractors are served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any person or party related to this Agreement and/or Contractor’s related Work. City has no obligation to, but may exercise discretion to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide the City an opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not grant or imply a right of City to control, direct, dictate or rewrite said response.

11. RELATIONSHIP TO CITY.

11.1 Independent Contractor. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the Work under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, subcontractors, or agents, except as set forth in this Agreement. Contractor shall not at 7 any time or in any manner represent that it or any of its officers, employees, subcontractors or agents are in any manner officers, employees or agents of City.

Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

11.2 No Employee Privileges. No City employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages or other compensation to Contractor for performing Work hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing Work hereunder.

11.3 Contractor Duty to City. Contractor understands and agrees that its responsibility to provide complete and accurate Work is owed solely to City and that its accountability under this contract shall likewise be solely to City and not to any City applicants or any other third person or entity.

11.4 Interest of Contractor. Contractor agrees to comply with all applicable conflict of interest codes. Contractor represents and warrants to City that it presently has no interests, and covenants that it shall not acquire any interests, direct or indirect, financial or otherwise, which would conflict with the performance of the Work to be provided by Contractor under this Agreement. Contractor further covenants that, in the performance of this Agreement, no subcontractor or employee having such an interest shall be employed by Contractor. Contractor certifies that neither he nor any of his officer, employees, subcontractors, or agents has or will have any prohibited financial interest under this Agreement.

11.5 Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement or financial inducement. No officer or employee of City will receive compensation, directly or indirectly, from Contractor or any officer, employee, subcontractor or agent of Contractor, in connection with the award of this Agreement or any Work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or in equity.

11.6 Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the City and the Contractor and will not confer any rights upon any person not expressly a party to this Agreement.

12. GENERAL PROVISIONS.

12.1 Further Assurances. City and Contractor each agree to cooperate with one another, to use their best efforts, to act in good faith, and to promptly perform such acts and execute such documents or instruments as are reasonably necessary and proper to consummate the transactions contemplated by this Agreement.
8 12.2 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if personally served or on the second day after mailing if mailed by first-class mail, registered or certified, return receipt requested, postage prepaid and properly addressed as follows:

To City: To Contractor:

Michael Ramirez, City Manager Gary Beneduci, General Manager City of Carpinteria Precision Concrete Cutting
5775 Carpinteria Avenue 5737 Kanan Road, #718
Carpinteria, CA 93013-2698 Agoura Hills, CA 91301
P: (805) 684-5405 P: (888) 881-9816
F: (805) 684-5304 F: (818) 698-8280
Any party may change their address for the purpose of this paragraph by giving the other party written notice of the new address in the above manner.

12.3 Legal Responsibilities. Contractor shall keep itself informed of state, federal and laws and regulations which in any manner affect those employed by it or in any way affect the performance of its Work pursuant to this Agreement. The Contractor shall reasonably observe and comply with such laws and regulations. The City and its officers and employees shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section.

12.4 Notice of Claims. City agrees to timely notify Contractor of the receipt of any third party claim related to the Agreement.

12.5 Licenses. At all times during the term of this Agreement, Contractor and all officer employees, subcontractors or agents of Contractor shall have in full force and effect, all licenses required by law for the performance of Work described in this Agreement.

12.6 Labor Conditions. City is a public entity in the state of California, and therefore, City and Contractor are subject to the provisions of the Government Code and the Labor Code of the state of California. All provisions of law applicable to public contracts and/or this Agreement are incorporated herein by this reference and are made a part of this Agreement to the same extent as if they were fully stated in the Agreement and shall be complied with by Contractor.

12.7 Labor Requirements. Contractor shall abide by all federal and California laws and regulations regarding wages, including, without limitation, the Fair Labor Standards Act and the California Labor Code, which, in part, mandate that 8 hours’ labor constitutes a legal days’ work, and require Contractor to pay the general prevailing wage rates. The California statutory provisions for penalties for failure to pay prevailing wages will be enforced and the statutory provisions for penalties for failure to comply with California’s wage and hour laws will be enforced. In addition, Contractor must secure the payment of workers’ compensation to its employees as provided by California law. Contractor must also comply with the statutory requirements relating to the employment of apprentices. 9 Additionally, Contractor is required to comply with all statutory requirements relating to certified payroll records, including the maintenance of the records, their certification, and their availability for inspection.

12.8 Discrimination. No person shall be excluded from employment in the performance of this Agreement on the grounds of race, creed, color, sex, age, marital status, sexual orientation or place of national origin. Contractor shall comply with all local, state, and federal laws relating to equal employment opportunity rights.

12.9 Assignment. Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of City, which shall have the sole discretion to consent to any proposed assignment. Specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.

City and Contractor each binds itself, its successors, assigns and legal representatives to the other party, its successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in this Agreement.

12.10 Waiver. No waiver of a provision of this Agreement shall constitute a waiver of any other provision, whether or not similar. No waiver shall constitute a continuing waiver.

No waiver shall be binding unless executed in writing by the party making the waiver.

12.11 Force Majeure. Neither Contractor nor City shall be liable for any delays resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority.

12.12 Construction of Terms. All parts of this Agreement shall in all cases be construed according to their plain meaning and shall not be construed in favor or against either of the parties. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, in whole or in part, the remainder of this Agreement shall remain in full force and effect and shall not be affected, impaired or invalidated thereby. In the event of any provision shall be adjudged invalid, void or unenforceable, the parties hereto agree to enter into a supplemental agreement to effectuate the intent of the parties and the purposes of this Agreement.

12.13 Controlling Law. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement, with venue proper only in the County of Santa Barbara, State of California.

12.14 Authorization. All officers and individuals executing this and other documents on behalf of the respective parties hereby certify and warrant that they have the capacity and have been duly authorized to execute said documents on behalf of the entities indicated. 10 12.15 Entire Agreement. This Agreement, along with its attached exhibits, which are incorporated herein by this reference, constitutes the entire Agreement between the parties and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. This Agreement may be altered, amended or modified only by a supplemental writing executed by the parties to this Agreement and by no other means. Each party waives any future right to claim, contest, or assert that this Agreement was modified, canceled, superseded, or changed by any oral agreement, course of conduct, waiver or estoppel.

12.16 Counterparts. This Agreement may be executed in counterparts, each of which shall remain in full force and effect as to each party.

12.17 Severability. In the event that any term or provision of this Agreement shall be held to be invalid, void or unenforceable, then the remainder of this Agreement shall not be affected, impaired or invalidated, and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

IN WITNESS WHEREOF, the parties have executed this Agreement at the place and as of the date first written above.
"CITY" "CONTRACTOR"
City of Carpinteria Precision Concrete Cutting
By:_________________________
Michael Ramirez, City Manager
By:_______________________________
Gary Beneduci, General Manager
APPROVED AS TO FORM: ATTEST:

City of Carpinteria City of Carpinteria
By:___________________________ By:________________________________ Jena Shoaf Acos, on behalf of Brian C. Barrett, CMC, CPMC, City Clerk Brownstein Hyatt Farber Schreck, LLP
acting as City Attorney of the City of Carpinteria
11 EXHIBIT A

BASIC WORK
City of Carpinteria
Health Sciences Campus
Sidewalk Assessment
November 2018
Presented to:

City of Carpinteria
Los Angeles, CA 90089 ∙ (213) 740-2311
Contact: Gary Beneduci
5737 Kanan Road #714
Agoura Hills, CA 91301
Office: 888-881-9816
City of Carpinteria – Zone 4
Sidewalk Assessment
May 2025
Presented to:

Department of Public Works
5775 Carpinteria Avenue, Carpinteria, CA 93013 ∙ (805) 684-5405 Contact: Gary Beneduci
5737 Kanan Road #714
Agoura Hills, CA 91301
Office: 888-881-9816
The purpose of this summary is to present the results of the recent survey conducted to define the state of the sidewalks in the City of Carpinteria – Zone 4. Precision Concrete Cutting, under the direction of the City of Carpinteria, conducted this survey. The information resulting from this survey will help facilitate the management of the public sidewalk infrastructure.

This survey documents an objective approach to identifying where the greatest needs are. Decision makers now have the ability to visualize overall sidewalk conditions, match up similar needs and judge the impact of budget decisions.

A wide range of lists, spreadsheets, and maps were created with this survey. This Executive Summary outlines the major issues and the details are elaborated further in individual reports. All reports are provide in soft copy for data management.

EXECUTIVE SUMMARY
The information in this document is confidential and is to be used only by the City of Carpinteria and
Precision Concrete Cutting in evaluating the project.

APPROACH
The survey resources included 3 experienced data collectors, a specialized data collection and GPS mapping program, and 1 data entry technician.

An inventory of risk factors and distress items were collected over a one-week period and entered into a spreadsheet. The data is summarized into street segments and itemized by physical address, GPS location, the size of the “ Hazard”, the severity of the hazard (amount of risk) and “Condition” (type or repair). Estimated square footage is indicated for each sidewalk panel in need of repair or demolition and replacement.

A series of maps were created by street segment that display the location of each hazard and type of repair required categorized and color coded as:

Yellow: Small Hazard - Saw Cut ● Orange: Medium Hazard – Saw Cut ● Red: Large Hazard – Saw Cut Purple: Spall Fill ● Green: Tree Related Issue ● Grey: Removal & Replacement.

A grey square is used to indicate a most severe condition in need of repair by complete reconstruction.

EXECUTIVE SUMMARY
The information in this document is confidential and
is to be used only by the City of Carpinteria and
Precision Concrete Cutting in evaluating the project.

EXECUTIVE SUMMARY

THIS SURVEY IS FOCUSED ON THE FOLLOWING AREAS OF SIDEWALK MAINTENANCE

SIDEWALK CONDITION
Sidewalk condition is a measurement of physical distresses such as cracks, heaving, settling and spalled surfaces. Many of the older sidewalks are showing signs of spalling and cracking. Spalling is the result of environmental exposure of inferior workmanship or materials. Cracking is a sign of premature failure that is often the result of excessive loads from heavy construction equipment, settling due to poor trench compaction or heaving caused by tree roots.

SIDEWALK TRIP HAZARDS
Trip hazards are vertical faces that present the opportunity for the unaware or impaired person to catch their toe. The trip faces that are between 1/2” and 2 ½” are considered more dangerous than larger separations.

Trips are most often repaired one of two ways: smaller trips are cut off and feathered back at ADA standards, larger trips are totally removed and replaced with new concrete.

The information in this document is confidential and
is to be used only by the City of Carpinteria and
Precision Concrete Cutting in evaluating the project.

EXECUTIVE SUMMARY
Sidewalk Trip Hazards.

Sidewalk trip hazards are recorded and divided by the size of the vertical face exposed. We have grouped the surveyed hazards into the following three classes.

Hazard Classes
Less Severe (small) Above 1/4” high to 1/2”
Severe (medium) Above 1/2” high to 1”
Most Severe (large) Above 1” high to 2 1/2”
Recommendation
We recommend the repair of trip hazards by saw cutting for all hazards Above ¼” to 2 ½” high to save cost and extend the useful life of the existing sidewalk. Larger trips (above 2 ½”) and are best resolved by the removal and replacement of the entire panel.

The cutting of individual trip hazards can be scheduled to incrementally address the most hazardous areas first. The “remove and replace” work can follow the cutting of individual trip hazards to reduce the amount of reconstruction needed.

EXECUTIVE SUMMARY
The information in this document is confidential and is to be used only by the City of Carpinteria and Precision
Concrete Cutting in evaluating the project.

Sidewalk Condition Repairs
Repairs of smaller spalling and cracked areas require fill to remove the hazard. Larger spalling and cracked areas and larger heaved areas not repairable by saw cutting will require removal and replacement.

Sidewalk Reconstruction Repairs
Repairs requiring removal and replacement of entire sidewalks should be grouped into sizable projects focusing on specific neighborhoods with: proximity to points of concern, segments having trip hazards, future projects, major road maintenance, and coordination with utilities street repairs.

EXECUTIVE SUMMARY
The information in this document is confidential and is to be used only by the City of Carpinteria and Precision
Concrete Cutting in evaluating the project.

The sidewalk inspection survey for the City of Carpinteria – Zone 4 was performed during the month of May 2025.

A total of 704 existing sidewalks hazards were identified. 585 are trip hazards with changes in vertical elevation between panels of 3/8” or greater as specified by the Americans with Disabilities Act.

Remaining are 97 Remove/Replace, 0 Tree hazards and 15 Patch Fills consisting of approximately 31,439 square feet in total.

Our survey includes the size, type, and location of each hazard, and recommended actions to be taken.

The City of Carpinteria will realize substantial savings by having Precision Concrete Cutting remove sidewalk trip hazards between 3/8” and 2 1/2” high at a fraction of the cost of replacement and with superior results compared to grinding and asphalt patching. The work can be completed quickly with little disruption of foot traffic, and in full compliance with ADA and OSHA requirements.

Not only will the City of Carpinteria significantly increase the safety of campus walkways, you will save precious budget dollars by removing the risk of costly liability claims while extending the useful life of your existing sidewalks for many years.

SIDEWALK ASSESSMENT SUMMARY
The information in this document is confidential and is to be used only by the City of Carpinteria and Precision
Concrete Cutting in evaluating the project.

CITY OF CARPINTERIA - SURVEY AREA
• Arbol Verde Street - Carpinteria Ave. to Calle Pacific • Bailard Avenue - Via Real to Pandanus St.
• Birch Street - Poplar St. to Bailard Ave.
• Byrnes Lane - Cameo Rd. to End
• Calle Arena - Concha Loma Dr. to Calle Ocho
• Calle Dia - Calle Pacific to End
• Calle Ocho - End to End
• Calle Pacific - Calle Dia to End
• Calle Rey Mar - Arbol Verde St. to End
• Callejon Avenue - Concha Loma Dr. to End
• Cameo Road - Casitas Pass Rd. to La Brea Ln.
• Canalino Drive - Calle Dia to Arbol Verde Dr.
• Canalino Drive - Concha Loma Dr. to Calle Ocho
• Carpinteria Avenue - Arbol Verde St. to Dump Rd.
• Carpinteria Avenue - Casitas Pass Rd. to Arbol Verde St. • Carpinteria Avenue - Dump Rd. to Golf Course
• Carpinteria Avenue - S&S Seeds to Rincon Rd.
• Casitas Pass Road - Carpinteria Ave. to Cameo Rd.
• Cindy Lane - End to End
• Concha Loma Drive - Carpinteria Ave. to Calle Arena
• Dump Road - Carpinteria Rd. to End of Sidewalk
• Fiesta Street - Calle Ocho to Arbol Verde St.

The Sidewalk Assessment included the inspection of sidewalks and walkways in the City of Carpinteria – Zone 4. Public walkways and external driveway aprons along the following areas are included in the project:

The information in this document is confidential and is to be used only by the City of Carpinteria and Precision
Concrete Cutting in evaluating the project.

CITY OF CARPINTERIA - SURVEY AREA
• Hickory Street - Poplar St. to Birch St.
• Jacaranda Way - Pandanus St. to Palmetto Way
• La Brea Lane - End to End
• La Pala Lane - Cameo Rd. to End
• Mark Avenue - Via Real to End
• Palmetto Way - Via Real to End
• Pandanus Street - Bailard Ave. to East End
• Pandanus Street - Birch St.to Bailard Ave.
• Poplar Street - Via Real to Birch St.
• Retorno Drive - Concha Loma Dr. to End
• Rose Lane - Mark Ave. to End
• Via Real - Poplar St. to Mark Ave.
• Via Real - Rogue Dr. to Via Linda
The Sidewalk Assessment included the inspection of sidewalks and walkways in the City of Carpinteria – Zone 4. Public walkways and external driveway aprons along the following areas are included in the project:

The information in this document is confidential and is to be used only by the City of Carpinteria and Precision
Concrete Cutting in evaluating the project.

COMPLETED SURVEY AREA
Completed assessment area includes
sidewalks, walkways, and driveway
aprons within City of Carpinteria Zone 4
• Sidewalk Assessment Completion
May 2025
•
The information in this document is confidential and is to be used only by the City of Carpinteria and Precision
Concrete Cutting in evaluating the project.

COMPLETED SURVEY AREA – ALL IDENTIFIED HAZARDS
The information in this document is confidential and is to be used only by the City of Carpinteria and Precision
Concrete Cutting in evaluating the project.

COMPLETED SURVEY AREA – ALL SAW CUT HAZARDS
The information in this document is confidential and is to be used only by the City of Carpinteria and Precision
Concrete Cutting in evaluating the project.

COMPLETED SURVEY AREA – ALL REPLACE HAZARDS
The information in this document is confidential and is to be used only by the City of Carpinteria and Precision
Concrete Cutting in evaluating the project.

SIDEWALK ASSESSMENT SUMMARY – ALL HAZARDS
The information in this document is confidential and is to be used only by the City of Carpinteria and Precision
Concrete Cutting in evaluating the project.
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SIDEWALK ASSESSMENT SUMMARY – ALL HAZARDS
The information in this document is confidential and is to be used only by the City of Carpinteria and Precision
Concrete Cutting in evaluating the project.
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ESTIMATED SAVINGS
Removal and replacement at an estimated cost ranging $10 - $25 Per Sq. Ft. will be significantly more expensive, time consuming and unnecessary. Precision Concrete Cutting will save you substantial cost by removing hazards at an average cost of $3.50 Per Sq. Ft.

LOCATION TOTAL # OF

IDENTIFIED
REPAIR

LOCATIONS
TOTAL # OF

SAW CUTS

REPAIRS
TOTAL # OF

REMOVE/REPLACE

REPAIRS
TOTAL # OF

SPALL/PATCHES

REPAIRS
TOTAL # OF

TREE/ROOT

REPAIRS
City of Carpinteria - Zone 4 704 585 97 15 0
TOTALS: 704 585 97 15 0
City of Carpinteria – Zone 4
The information in this document is confidential and is to be used only by the City of Carpinteria and Precision
Concrete Cutting in evaluating the project.

Precision Concrete Cutting uses proprietary and patented cutting technology to repair trip hazards.

Our work is guaranteed to offer the following benefits:
• Gentle ADA compliant slope
• Exceed the OSHA Standard for Slip Resistance (Co-Efficient of Friction) • Full Edge-to-Edge Repair
• Detailed Cleaning & Recycle of Removed Concrete
• Detailed Audit-able Invoice
As a member of the U.S. Green Building Council
(USGBC) we are proud of the fact that we reduce the
impact to landfills and the environment as a result of our service. Removing and replacing 469 panels would
result in approximately 278 tons of concrete being
removed (average panel weight of 1,185 pounds). Using
Precision Concrete Cutting resulted in 2,345 pounds or

1.17 tons of concrete removed and recycled.

ABOUT PRECISION CONCRETE CUTTING
The information in this document is confidential and is to be used only by the City of Carpinteria and Precision
Concrete Cutting in evaluating the project.

WHY WE DON’T GRIND
• Grinding often damages the concrete (breaks edges,
knocks out aggregate, scars adjacent panels, and
creates micro cracks).
• Often unsightly (leaves a rough, uneven scarring)
• Difficult to comply with the ADA slope requirements
• Has no cost advantage
• Unable to remove hazards next to objects
• Hard to use on small trip hazards (under 3/8”) and
larger trip hazards (over 1 inch)
• Very slow process and generates lots of dust
The information in this document is confidential and is to be used only by the City of Carpinteria and Precision
Concrete Cutting in evaluating the project.

PRECISION CONCRETE CUTTING REPAIRS
The information in this document is confidential and is to be used only by the City of Carpinteria and Precision
Concrete Cutting in evaluating the project.

PRECISION CONCRETE CUTTING DIFFERENCE
The information in this document is confidential, and is to be used only by the City of Carpinteria and Precision
Concrete Cutting in evaluating the project.

REPAIR SPECIFICATIONS:

1. Three measurements will be taken of every hazard:
a. Height1 -- the highest point of the hazard
b. Height2 -- the lowest point of the hazard
c. Length

2. Hazards will be removed from the full length of the panel (full edge-to-edge repair);

3. Sidewalks will be repaired at a slope of 1:8, in compliance with ADA requirements;

4. Handicap ramps or special areas will be repaired at a slope of 1:12, in compliance with ADA requirements;

5. Debris from repaired areas will be collected and removed;

6. A dust abatement system will be used during all repair operations;

7. The repaired area will be smooth and uniform with a coefficient of friction exceeding OSHA requirements for public walkways;

8. A detailed, audit-able invoice will be presented for every repair.

If there are any trip hazards on this bid that you do not want cut, we can remove them

CONTACT US
The information in this document is confidential and is to be used only by the City of Carpinteria and Precision
Concrete Cutting in evaluating the project.

Contact: Gary Beneduci
5737 Kanan Road #714
Agoura Hills, CA 91301
Office: 888-881-9816
Gary Beneduci
Office (888) 881-9816
Fax (818) 698 8280
Cell: 858 699-1089
[email protected]
www.safesidewalks.com
Precision Concrete Cutting
Los Angeles and Central
California.
12 EXHIBIT B

PAYMENT RATES AND SCHEDULE

RATE RATE RATE
$ 38.11 $ 76.22 $ 152.44
LOC
UNITS
No.

Zone
Street Name Segment From Segment To
Small
Medium
Large
Saw Cut
Lineal Feet
Total
Inch Feet
Saw Cut
SQ FT
Total Cost Total Cost

LOC UNITS
Small Above 1/4"
Med 1/2" - 1"
Large Above 1"
Total Cost
1 CARP-Z4 Arbol Verde Street Carpinteria Calle Pacific 4 14 12 30 152 103 767 $ 2,781.84 $ 1,817.10 39 $ 152.44 $ 1,448.18 $ 2,439.04 $ 4,039.66 2 CARP-Z4 Arbol Verde Street Carpinteria Calle Pacific 9 21 19 49 198 113 1,072 $ 3,056.06 $ 2,517.72 55 $ 342.99 $ 2,057.94 $ 2,896.36 $ 5,297.29 3 CARP-Z4 Bailard Avenue Via Real Pandanus 8 10 6 24 83 41 592 $ 1,101.94 $ 1,276.20 25 $ 304.88 $ 838.42 $ 914.64 $ 2,057.94 4 CARP-Z4 Birch Street Poplar Bailard 13 11 11 35 138 74 816 $ 1,992.94 $ 1,838.76 38 $ 533.54 $ 838.42 $ 1,981.72 $ 3,353.68 5 CARP-Z4 Byrnes Lane Cameo to End 4 2 - 6 27 9 163 $ 229.50 $ 198.00 7 $ 152.44 $ 228.66 $ - $ 381.10 6 CARP-Z4 Calle Dia Calle Pacific to End 5 10 4 19 118 58 599 $ 1,553.34 $ 1,353.77 29 $ 190.55 $ 1,067.08 $ 1,524.40 $ 2,782.03 7 CARP-Z4 Calle Ocho End to End - - - - - - - $ - $ 0 - $ - $ - $ - $ - 8 CARP-Z4 Calle Pacific Calle Dia to End 13 10 5 28 105 49 512 $ 1,318.78 $ 889.50 31 $ 495.43 $ 914.64 $ 914.64 $ 2,324.71 9 CARP-Z4 Calle Rey Mar Arbol Verde to End 9 4 3 16 92 47 785 $ 1,259.72 $ 1,711.30 23 $ 381.10 $ 457.32 $ 1,067.08 $ 1,905.50 10 CARP-Z4 Cameo Road Casitas Pass La Brea 5 11 4 20 96 44 750 $ 1,182.09 $ 1,383.50 25 $ 190.55 $ 1,143.30 $ 762.20 $ 2,096.05 11 CARP-Z4 Canalino Drive Calle Dia Arbol Verde 2 15 7 24 100 55 487 $ 1,474.03 $ 1,039.04 27 $ 76.22 $ 1,371.96 $ 1,067.08 $ 2,515.26 12 CARP-Z4 Canalino Drive Concha Loma Calle Ocho - - - - - - - $ - $ 0 - $ - $ - $ - $ - 13 CARP-Z4 Carpinteria Avenue Arbol Verde Dump 4 11 3 18 89 47 655 $ 1,263.94 $ 1,404.45 20 $ 152.44 $ 914.64 $ 609.76 $ 1,676.84 14 CARP-Z4 Carpinteria Avenue Casitas Pass Arbol Verde 9 8 3 20 114 53 696 $ 1,438.59 $ 1,328.85 29 $ 381.10 $ 1,067.08 $ 762.20 $ 2,210.38 15 CARP-Z4 Carpinteria Avenue Dump Golf Course 4 8 2 14 189 86 991 $ 2,329.59 $ 1,921.73 41 $ 304.88 $ 1,981.72 $ 1,067.08 $ 3,353.68 16 CARP-Z4 Carpinteria Avenue S&S Seeds Rincon 2 9 - 11 144 48 984 $ 1,284.19 $ 1,609.20 31 $ 228.66 $ 1,905.50 $ - $ 2,134.16 17 CARP-Z4 Casitas Pass Road Carpinteria Cameo 8 15 2 25 120 50 924 $ 1,337.34 $ 1,688.10 30 $ 304.88 $ 1,448.18 $ 457.32 $ 2,210.38 18 CARP-Z4 Cindy Lane End to End 13 29 3 45 312 116 1,899 $ 3,135.38 $ 3,183.99 71 $ 609.76 $ 3,887.22 $ 609.76 $ 5,106.74 19 CARP-Z4 Concha Loma Drive Carpinteria Calle Arena - - - - - - - $ - $ 0 - $ - $ - $ - $ - 20 CARP-Z4 Fiesta Street Calle Ocho Arbol Verde 5 7 6 18 84 56 384 $ 1,505.25 $ 915.72 24 $ 190.55 $ 533.54 $ 1,829.28 $ 2,553.37 21 CARP-Z4 Hickory Street Poplar Birch 7 8 3 18 55 28 444 $ 750.94 $ 845.52 19 $ 266.77 $ 685.98 $ 457.32 $ 1,410.07 22 CARP-Z4 Jacaranda Way Pandanus Palmetto 5 5 3 13 59 37 361 $ 997.31 $ 721.32 16 $ 228.66 $ 457.32 $ 609.76 $ 1,295.74 23 CARP-Z4 La Brea Lane End to End 3 3 4 10 40 23 300 $ 633.66 $ 668.93 11 $ 114.33 $ 304.88 $ 609.76 $ 1,028.97 24 CARP-Z4 La Pala Lane Cameo to End 2 6 7 15 60 38 470 $ 1,012.50 $ 1,238.10 16 $ 76.22 $ 457.32 $ 1,219.52 $ 1,753.06 25 CARP-Z4 Mark Avenue Via Real to End 12 20 3 35 194 83 1,024 $ 2,244.38 $ 1,830.00 45 $ 457.32 $ 2,057.94 $ 914.64 $ 3,429.90 26 CARP-Z4 Palmetto Way Via Real to End 6 12 5 23 106 58 691 $ 1,562.63 $ 1,512.87 28 $ 228.66 $ 990.86 $ 1,371.96 $ 2,591.48 27 CARP-Z4 Pandanus Street Bailard to East End 7 1 - 8 25 6 184 $ 163.69 $ 183.60 8 $ 266.77 $ 76.22 $ - $ 342.99 28 CARP-Z4 Poplar Avenue Via Real Birch 3 4 3 10 36 19 240 $ 509.63 $ 465.45 10 $ 114.33 $ 304.88 $ 457.32 $ 876.53 29 CARP-Z4 Rose Lane Mark to End 5 3 - 8 36 12 180 $ 332.44 $ 211.05 9 $ 228.66 $ 228.66 $ - $ 457.32 30 CARP-Z4 Via Real Poplar Mark 17 14 3 34 138 53 721 $ 1,400.63 $ 1,098.98 37 $ 647.87 $ 1,143.30 $ 609.76 $ 2,400.93 31 CARP-Z4 Via Real Rouge Via Linda 4 5 - 9 45 15 250 $ 398.25 $ 346.50 10 $ 190.55 $ 381.10 $ - $ 571.65 32 0 0 0 0 - - - - - - - $ - $ 0 - $ - $ - $ - $ -
33 0 0 0 0 - - - - - - - $ - $ 0 - $ - $ - $ - $ -
34 0 0 0 0 - - - - - - - $ - $ 0 - $ - $ - $ - $ -
Totals 188 276 121 585 2,951 1,418 17,938 $ 38,250.56 $ 35,199.22 754 $ 7,812.55 $ 29,192.26 $ 25,152.60 $ 62,157.41 CARPINTERIA - ZONE 4 - PRICING SHEET

LOC UNIT

PRICING

SQ FOOT

PRICING

LOCATION RECOMMEN
DED

INCH FEET

PRICING
HAZARD
SIZE
LINEAL
FT
INCH
FT

RECOMMEN

DED REPAIR

PRICE SUMMARY
13 EXHIBIT C

INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this Section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.

Contractor shall provide the following types and amounts of insurance:

Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence.

Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.

Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease.

Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence.

Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII.

General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor:
14 1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, volunteers and agents, using standard ISO endorsement No. CG 2010-0413. Contractor also agrees to require all contractors and subcontractors to do likewise.

2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor’s employees or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.

3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.

4. 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.

5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.

6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g., elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.

7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option.

8. Certificate(s) are to reflect that the insurer will provide 30 (thirty) days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate.

9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 15 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

11. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contractor’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.

12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change.

If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City.

13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.

14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.

15. Contractor will renew the required coverage annually as long as City or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.

16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.

17. The provisions of any workers’ compensation or similar act will not limit the obligations of Contractor under this Agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 16 18. Requirements of specific coverage features or limits contained in this Section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. 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 limiting or all-inclusive.

19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.

20. The requirements in this Section supersede all other Sections and provisions of this Agreement to the extent that any other Section or provision conflicts with or impairs the provisions of this Section.

21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements.

There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

22. The City’s failure to comply with reporting requirements should not affect coverage required under the Agreement.

Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

Form_SCTNID_CTGRY.XX0316ACORD25_ACORD
<docindex><index>ACORD</index></docindex> BDF_PCA

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

PRODUCER CONTACT
NAME:

PHONE
(A/C, No, Ext):

FAX
(A/C, No):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSR
LTR
ADDL
INSD
SUBR

TYPE OF INSURANCE WVD

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY
OTHER:

PROJECT LOC

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY

SCHEDULED
AUTOS

NON-OWNED

AUTOS ONLY

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS-MADE
DED RETENTION $

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/N
N / A

POLICY NUMBER POLICY EFF POLICY EXP
(MM/DD/YYYY) (MM/DD/YYYY) LIMITS
$
$
$
$
$
$
$

EACH OCCURRENCE

DAMAGE TO RENTED
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG
PREMISES (Ea occurrence)
$
$
$
$
$

COMBINED SINGLE LIMIT

PROPERTY DAMAGE
BODILY INJURY (Per person)
(Ea accident)
BODILY INJURY (Per accident)
$
$
$

AGGREGATE

EACH OCCURRENCE
E.L. EACH ACCIDENT

INSURED
$
$
E.L. DISEASE - POLICY LIMIT $
E.L. DISEASE - EA EMPLOYEE

PER STATUTE OTH- ER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

CERTIFICATE HOLDER CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD © 1988-2015 ACORD CORPORATION. All rights reserved.
(Per accident)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
[email protected]
07/08/2025
1-800-444-4487
SAFE SIDEWALKS INC DBA: PRECISION CONCRETE CUTTIN
5737 KANAN 718
AGOURA HILLS, CA 91301
City of Carpinteria
5775 Carpinteria Ave
Carpinteria, CA 93013
Progressive Commercial Lines Customer and Agent Servicing 183353922989998801D070825T185741

WRIGHT INS SRVC
3340 RIVERSIDE DR #L, CHINO, CA 91710
United Financial Casualty Company 11770
A
X
X
X
Y N 04510011 01/08/2025 01/08/2026
2,000,000
A Y N 04510011 01/08/2025 01/08/2026
See ACORD 101 for additional coverage details. $
Form_SCTNID_CTGRY.XX0108ACORD101_ACORD
<docindex><index>ACORD</index></docindex> BDF_PCA

WRIGHT INS SRVC
04510011
United Financial Casualty Company 11770
SAFE SIDEWALKS INC DBA: PRECISION CONCRETE CUTTIN
5737 KANAN 718
AGOURA HILLS, CA 91301
01/08/2025
AGENCY CUSTOMER ID:

LOC #:

ADDITIONAL REMARKS SCHEDULE Page of
AGENCY

POLICY NUMBER

CARRIER NAIC CODE

NAMED INSURED
EFFECTIVE DATE:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance 1 1
Additional Coverages
…………………………………………………………………………………………………………………………………………………………………………………… Insurance coverage(s) Limits Uninsured/Underinsured Motorist $2,000,000 Combined Single Limit Description of Location/Vehicles/Special Items
Scheduled autos only …………………………………………………………………………………………………………………………………………………………………………………… 2008 DODGE RAM 1500 1D7HA18218J239533
Collision $1,000 w/Waiver Ded
Comprehensive $500 Ded
Medical Payments $5,000 each person
Roadside Assistance Selected w/$0 Ded
…………………………………………………………………………………………………………………………………………………………………………………… 2018 FORD F150 1FTEW1EG4JKC26242
Collision $1,000 w/Waiver Ded
Comprehensive $500 Ded
Medical Payments $5,000 each person
Roadside Assistance Selected w/$0 Ded
…………………………………………………………………………………………………………………………………………………………………………………… 2015 FORD F150 1FTEW1CG9FFA59511
Collision $1,000 w/Waiver Ded
Comprehensive $500 Ded
Medical Payments $5,000 each person
Roadside Assistance Selected w/$0 Ded
…………………………………………………………………………………………………………………………………………………………………………………… 2017 FORD F150 1FTEW1CG4HKC46665
Collision $1,000 w/Waiver Ded
Comprehensive $500 Ded
Medical Payments $5,000 each person
Roadside Assistance Selected w/$0 Ded
…………………………………………………………………………………………………………………………………………………………………………………… 2019 FORD F150 1FTMF1C50KKD93194
Collision $1,000 w/Waiver Ded
Comprehensive $500 Ded
Medical Payments $5,000 each person
Roadside Assistance Selected w/$0 Ded
Additional Information
Certificate holder is listed as an Additional Insured.

ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.

Form_SCTNID_CTGRY.XX07161198_POLEND
04510011 E CA26096 INS POLEND U POLWHITEFONT MAWQWFKKSK4REPWWRGZUISLWWB0002 RPUID TRACWHITEFONT BDF_PCA Policy number: 04510011
Underwritten by:

United Financial Cas Co
Insured:

SAFE SIDEWALKS INC
April 25, 2025
Policy Period: Jan 8, 2025 - Jan 8, 2026
Mailing Address
United Financial Cas Co
PO Box 94739
Cleveland, OH 44101
For customer service, 24 hours a day,
7 days a week
1-800-444-4487
CHINO, CA 91710
3340 RIVERSIDE DR #L

WRIGHT INS SRVC
5737 KANAN 718

PRECISION CONCRETE CUTTIN

SAFE SIDEWALKS INC
AGOURA HILLS, CA 91301
Additional insured endorsement
Name of Person or Organization
This endorsement modifies insurance provided under the commercial auto policy and any endorsements thereto affording liability coverage.

The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page and showing liability coverage.

Limit of Liability
Bodily Injury Not applicable
Property Damage Not applicable
Combined Liability $2,000,000 each accident
All other terms, limits and provisions of this policy remain unchanged.

This endorsement applies to Policy Number: 04510011
Issued to (Name of Insured): SAFE SIDEWALKS INC

PRECISION CONCRETE CUTTIN
Effective date of endorsement: April 24, 2025 Policy expiration date: January 8, 2026 Form 1198 (07/16)
City of Carpinteria
5775 Carpinteria Ave, Carpinteria, CA 93013
Schedule

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Endorsement No.

Insured
Policy No.

Insurance Company
Countersigned By
WC ON 04 WS A
(Ed. 01-19)
Person or Organization Job Description
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT−CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

Blanket Waiver: The additional premium for this endorsement shall be 2% of the California workers’ compensation premium otherwise due on such remuneration.

Specific Waiver: The additional premium for this endorsement shall be 5% of the California workers’ compensation premium otherwise due on such remuneration.

Omaha National Casualty Company 06/11/2025 ONCC17012791-01 Blanket Waiver of Subrogation
As respects to all CA jobs performed by the named insured during the policy period where by written contract a waiver of subrogation is required prior to the commencement of work.

Safe Sidewalks Incorporated. dba Precision Concrete Cutting 17 EXHIBIT D
WORKERS’ COMPENSATION STATEMENT
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Acknowledged and Agreed:

City of Carpinteria

COUNCIL AGENDA STAFF REPORT

ITEM FOR COUNCIL CONSIDERATION
Award of Construction Contract to Toro Enterprises, Inc. for Carpinteria High School Area Crosswalk Safety Improvements Project

STAFF RECOMMENDATION
Award a Construction Contract to Toro Enterprises, Inc. in the Total Base Bid amount of $471,437 for the Carpinteria High School Area Crosswalk Safety Improvements Project.

Sample Motion: I move to award a Construction Contract to Toro Enterprises, Inc. in the Total Base Bid amount of $471,437 for the Carpinteria High School Area Crosswalk Safety Improvements Project. (This motion requires a roll call vote.)

BACKGROUND
In 2020, an engineering and traffic study (E&TS) of pedestrian, bicycle, and vehicle volume and movements was conducted in the Carpinteria High School area. In brief, the E&TS recommended upgrading the existing crosswalk at the Franklin Creek Trail and State Route 192/Foothill Road intersection with a high-intensity activated crosswalk system.1 Out of the E&TS, the design phase of the Carpinteria High School Area Crosswalk Safety Improvements Project was authorized to proceed in 2021.

During the course of the design phase, right-of-way acquisitions were determined to be required because the project location is situated on both a Santa Barbara County Flood Control and Water Conservation District (County) parcel and the State of California (State) right-of-way of State Route 192/Foothill Road at the frontage of Carpinteria High School, 4810 Foothill Road. The project is also a part of Franklin Creek Trail. In August 2023, the City Council authorized the City Manager to execute a Real Property License Agreement with the County. The Real Property License Agreement established obligations concerning the licensed use, operation, and maintenance of the County parcel. In November 2023, the City Council also authorized the City Manager to execute 1 Interwest Consulting Group, Inc. Evaluation of Franklin [Creek] Trail Crosswalk at Foothill Road (SR 192). 2020.

Agenda Section: Administrative Matters
Agenda Item No.: 12
Council Meeting Date: July 14, 2025
A Construction Contract Award for the Carpinteria High School Area Crosswalk Safety Improvements Project
July 14, 2025

a Maintenance Agreement with the California Department of Transportation (Caltrans).

The Maintenance Agreement
maintenance within the State right-of-way. Concurrent with the Maintenance Agreement, a Caltrans Encroachment Permit was also acquired.

In September 2024, the City applied for state-aid grant funds from the Highway Safety Improvement Program (HSIP) Cycle 12. In February 2025, the City was informed by Caltrans about the project being selected for receiving an amount of $342,270. The HSIP funds are for the construction phase of the project. The HSIP funds will cover 90-percent to cover the remaining portion.

The purpose of this agenda matter is for the City Council to award a construction contract to Toro Enterprises, Inc.; and approve a budget appropriation in the amount of $138,300 to the Capital Improvements Fund of the Fiscal Year 2025/26 Capital Improvements Program Budget for the Carpinteria High School Area Crosswalk Safety Improvements Project.

DISCUSSION
On June 17, 2025, only one (1) bid was received from the following bidder:

Company Name Total Base Bid
Toro Enterprises, Inc. (Oxnard, CA) $471,437
A copy of the bid is provided in Attachment A. The award of the construction contract is based on the lowest total base bid which excludes additive bid items. Staff determined the lowest total base bid by Toro Enterprises, Inc. is responsive to the bidding requirements. Staff also determined Toro Enterprises, Inc. to be a responsible bidder based on reference checks and past contracts with the City. The proposed Construction Contract is provided in Attachment B. The Contract Time to complete the project is 180 tice to Proceed.

The overall construction cost is a summation of the apparent low bid (i.e. total base bid) and construction contingency. The following table summarizes the proposed available funds and expenses:

Table 1: Funding Sources
HSIP Grant $342,800
Traffic Development Impact Fee $168,000
Measure A $60,650
Total $571,450
A Construction Contract Award for the Carpinteria High School Area Crosswalk Safety Improvements Project
July 14, 2025

Table 2: Expense
Construction Contract (Total Base Bid) $471,437
Construction Contract Contingency (10%) $47,144
Total $518,581
Total (rounded up to the nearest hundred) $518,600

POLICY CONSISTENCY
The recommendation is to effectively proceed with work on the project in order to enhance Franklin Creek Trail for pedestrians and bicyclists. With that, the recommendation may be found consistent with the following objectives and policies of the General Plan and Local Coastal Plan:

Circulation Element
Objective C-7: Build demand for alternative transportation use by increasing ease, effectiveness, and social acceptability, and through foresighted planning.

Policies:

C-7b. Develop safe and direct pedestrian accessibility between residential areas, schools, parks, and shopping areas in both new and existing urban areas.

Objective C-8: Support and develop safe, direct and well-maintained bicycle and pedestrian systems and recreational boating facilities that serve all segments of the public.

Policies:

C-8a. Integrate the development of bicycle routes and pedestrian pathways in additional areas of the city, and encourage the utilization of such routes for commuting as well as recreational purposes.

C-8f. Encourage pedestrian movement by providing pedestrian facilities that are direct and convenient, particularly in the beach and downtown areas.

Open Space, Recreation & Conservation Element
Objective OSC-14: Provide for adequate park and recreation facilities to meet the needs of the community and visitors.

Policies:

A Construction Contract Award for the Carpinteria High School Area Crosswalk Safety Improvements Project
July 14, 2025

OSC-14a. Increase coastal and recreational access for all segments of the population, including the disabled and elderly, while protecting natural resources, particularly environmentally sensitive habitat areas.

Objective OSC-15: Maintain the existing trail system and provide additional recreation and access opportunities by expanding the trail system.

Policies:

OSCFigure C-3, the Trails Map, and, if approved by the Coastal Commission in an amendment to its Local Coastal Plan, the Trails Master Plan or similar implementing document.

OSC-15b. Support enhancement of access trails along creekways designated as open space up to the foothills of the Santa Ynez mountain range. This should include exploring trail development for public use along the Edison easement behind Carpinteria High School, ending on the first ridge above the city. This should be linked to the old Franklin trail, leading to the ridge up to East Camino Cielo. Trail restoration and enhancement of easement areas should be pursued to restore the natural beauty along these trails by negotiating with property owners, the school district, and the National Forest, to redesign trails and adopt protective fencing methods.

Finally, the project 2. FINANCIAL CONSIDERATIONS
No additional funding is requested. Sufficient funds are available in Account 301-403- 5780 Capital Improvements Program Fund.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The recommendation is consistent with the formal bidding procedures of the Uniform Construction Cost Accounting Act (Public Contract Code Section 22030 et al.).

OPTIONS

1. Award a construction contract to Toro Enterprises, Inc. in the Total Base Bid amount of $471,437. (Staff recommendation)

2. The City Council could choose to not approve the recommendation and direct staff as determined appropriate; however, non-action would delay the project and/or may forfeit the HSIP funds.
2 City Council Resolution No. 6119.

A Construction Contract Award for the Carpinteria High School Area Crosswalk Safety Improvements Project
July 14, 2025

PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at the meeting.

ATTACHMENTS
Attachment A: Bid
Attachment B: Construction Contract
Staff contact:

Shay Darrington, Engineering Technician
(805) 755-4445; [email protected] Signature
Reviewed by:

John L. Ilasin, Public Works Director
(805) 880-3402; [email protected] Signature
Reviewed by:

Licette Maldonado, Administrative Services Director
(805) 755-4448; [email protected] Signature
Reviewed by:

Ryan Kintz, Assistant City Manager
(805) 755-4450; [email protected] Signature
Reviewed by:

Michael Ramirez, City Manager
(805) 755-4450; [email protected] Signature

ATTACHMENT A
Bid

ATTACHMENT B
Construction Contract

CONTRACT
PROJECT:

AMOUNT OF CONTRACT: $__________________________________ THIS AGREEMENT, made and entered into this _____ day of ________________________, 20_____, by and between the City of Carpinteria (hereinafter referred to as Owner ) and ____________________________________ ___________________________________________________, hereinafter referred to as "Contractor".

IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS SET FORTH BELOW, THE PARTIES AGREE as follows:

ARTICLE I: GENERAL
Contractor agrees to perform and complete in a workmanlike manner all work required under the Bidding Schedule of Owner's Contract Documents entitled City Hall Campus Improvements Project- Sewer Replacement and in accordance with its Specifications and Drawings, to furnish at its own expense all labor, materials, equipment, tools, transportation, and services necessary therefor, except such materials, equipment and services as may be stipulated in the Specifications to be furnished by Owner, and to do everything required by the Agreement and the Contract Documents, for the sum of $______________. ARTICLE II: PAYMENT
For furnishing all said labor, materials, equipment, tools, and services, furnishing and removing all plant, temporary structures, tools, and equipment, and doing everything required by this Agreement, the said Specifications, Drawings and other Contract Documents; for all loss and damages arising out of the nature of the work,, or from the action of the elements, or from any unforeseen difficulties which may arise during the prosecution of the work until its acceptance by said Owner, and for all risks of every description connected with the work; for all expenses resulting from the suspension or discontinuance of work, except as are expressly stipulated in the Contract Documents to be borne by Owner and for completing the work in accordance with the requirements of the Contract Documents Owner will pay, and said Contractor shall receive, in full compensation therefor, the above named price.

ARTICLE III: CONSIDERATION
Contractor agrees to perform the work according to the terms of this Agreement for the abovementioned price and owner agrees to pay Contractor at the time, in the manner, and upon the conditions stipulated in the Contract Documents. Owner and Contractor, for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants contained in this Agreement and in the Contract Document.

ARTICLE IV: WAGES
The general prevailing rates of per diem wages and general prevailing rate for holiday and overtime work in the locality in which the work is to be performed have been determined by the Owner. Said general prevailing rates of per diem wages are incorporated and made a part of this Agreement. The Contractor agrees that it, or any subcontractor under it, will pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the Contract.

Any contractor who is awarded a public works project and intends to use a craft or classification not shown on the general prevailing wage determinations, may be required to pay the wage rate of that craft or classification most closely related to it as shown in the general determinations effective at the time of the call for bids.

ARTICLE V: HOURS AND WORKING CONDITIONS
The Owner is a public entity in the State of California and is subject to the provisions of the Government Code and the Labor Code of the State. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth this Agreement and will be complied with by the Contractor.

ARTICLE VI: CONTRACT TIMES
The Work shall be completed within 0 working days from the commencement date stated in the Notice to Proceed.

ARTICLE VII: LIQUIDATED DAMAGES
Owner and the Contractor recognize that time is of the essence of this Agreement and that the Owner will suffer financial loss if the Work is not completed within the time specified in Article 2, plus any extensions thereof allowed in accordance with the t
damages in the event of such delays are impractical and infeasible to determine at this time. Accordingly, the Owner and the Contractor agree that as liquidated damages for delay (but not as a penalty), the Contractor shall pay the Owner $3,200 for each day that expires after the time specified in Article 2, plus any extensions, until actual completion of the Work. The payment of liquidated damages pursuant to this Article is for the limited purpose of compensating Owner for the costs and expenses associated with the delay in receiving the benefits and use of the Work and not for other damages that may be or payment of liquidated damages shall not in any way preclude complete the Work in a timely manner or otherwise satisfy its obligations as required by the Contract Documents.

ARTICLE VIII: ASSIGNMENT
No assignment by a party to this Agreement of any rights under or interests in the Contract Documents will be binding on another party without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

Owner and Contractor each binds itself, its successors, assigns and legal representatives to the other party, its successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.

ARTICLE IX: COMPONENTS OF AGREEMENT
Bid, Bid Certificates, Bidding Schedule
Bidders License and Experience Statement, Noncollusion Affidavit, Agreement Certificates, Material and Labor bond, Notice of Award, Insurance Endorsements, Sole Proprietor Statement, Escrow Agreement for Security Deposits in Lieu of Retention, Notice to Proceed, Closeout Agreement and Release of Claims, Insurance Specifications for Construction Contracts, Labor Provisions, General Provision Modifications (incorporating Provisions, Standard Specifications for Public Works Construction (latest edition), as modified), Special Provisions, Statutory Provisions, Specifications, Drawings and all Addenda issued by the Owner with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made part of this Agreement.

IN WITNESS WHEREOF, this contract has been executed on the day and year first above written.

APPROVED AS TO FORM: BUSINESS TAX COMPLIANCE
_________________________________________
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP Acting as City
Attorney of the City of Carpinteria
APPROVED AS TO CONTENT: _________________________________________ John L. Ilasin, P.E.

City Engineer
ATTEST: _________________________________________ Brian C. Barrett, CMC, CPMC _________________________________________ Licette Maldonado Business Tax and Permit Inspector
OWNER
City of Carpinteria, a Municipal Corporation
By ______________________________________
, Mayor

CONTRACTOR
By ______________________________________ _________________________________________ Title City Clerk
City of Carpinteria

COUNCIL AGENDA STAFF REPORT

ITEM FOR COUNCIL CONSIDERATION
A Construction Contract for the Linden Avenue Improvements Project to Toro Enterprises, Inc.

STAFF RECOMMENDATION

1. Award a Construction Contract to Toro Enterprises, Inc. in the Total Base Bid amount of $908,610 for the Linden Avenue Improvements Project.

2. Authorize the City Manager to execute Amendment No. 1 to the Agreement with Stantec Consulting Services, Inc. to provide engineering support services during construction in an amount not to exceed $25,900 for a total amended agreement amount of $179,863 for the Linden Avenue Improvements Project.

3. Approve a budget appropriation in the amount of $385,000 to the Capital Improvements Fund of the Fiscal Year 2025/26 Capital Improvements Program Budget for the Linden Avenue Improvements Project.

Sample Motion: I move to:

1. Award a Construction Contract to Toro Enterprises, Inc. in the Total Base Bid amount of $908,610 for the Linden Avenue Improvements Project.

2. Authorize the City Manager to execute Amendment No. 1 to the Agreement with Stantec Consulting Services, Inc. to provide engineering support services during construction in an amount not-to-exceed $25,900 for a total amended agreement amount of $179,863 for the Linden Avenue Improvements Project.

3. Approve a budget appropriation in the amount of $385,000 to the Capital Improvements Fund of the Fiscal Year 2025/26 Capital Improvements Program Budget for the Linden Avenue Improvements Project.
(This motion requires a roll call vote.)

BACKGROUND
The Linden Avenue Improvements Project is located on Linden Avenue between Carpinteria Avenue and the new Linden Avenue Overcrossing. The general scope of work includes concrete sidewalks, curbs, gutters, curb ramp upgrades, parkways, street trees, Agenda Section: Administrative Matters
Agenda Item No.: 13
Council Meeting Date: July 14, 2025
A Construction Contract Award for the Linden Avenue Improvements Project July 14, 2025

driveway approaches, combination Class II Bikeway (Bike Lane) and Class IV Bikeway (Separated Bikeway), and pavement resurfacing. The purpose of this project is to complete street and right-of-way improvements in support of public safety including, bicycle and pedestrian safety, and to improve the appearance of a section of the Linden On May 13, 2020, the Santa Barbara County Association of Governments (SBCAG) South Coast Subregional Planning Committee recommended approval of a Cooperative Agreement to the SBCAG Board for the appropriation of $326,430 from the Carpinteria Circulation Improvements Funds in accordance with the Measure A Investment Plan requirements. The Cooperative Agreement defines the project scope of work, roles and responsibilities of the City and SBCAG, and funding plan. The project is in the Measure A Five-Year Local Program of Projects as adopted by the City Council on February 24, 2020 (Resolution No. 5939). On May 21, 2020, the Cooperative Agreement was approved by the SBCAG Board. On May 26, 2020, the City Council authorized the Mayor to sign the Cooperative Agreement. On July 27, 2020, the City Council authorized the City Manager to execute an Agreement with Stantec Consulting Services, Inc. to provide consulting design services in an amount not-to-exceed $153,963 for the project.

On June 23, 2021, staff conducted the first public outreach for the properties along the east side of Linden Avenue because the proposed improvements significantly change the public right-of-way frontages at these properties. The project was presented to the Public Site Acquisition/Development Committee on January 21, 2022, and March 4, 2022. On April 28, 2022, staff conducted a second public outreach with those properties. On August 8, 2022, the City Council authorized the Public Works Director to advertise the Notice Inviting Bids for the project.

On August 17, 2023, the SBCAG Board approved the First Amendment to the Cooperative Agreement for time extension. On November 13, 2023, the City Council authorized the Mayor to sign the First Amendment. On August 27, 2024, staff received one (1) bid in the amount of $891,477. Staff determined the bid to be the apparent low That is, the bid was
approximately 170-percent over the available budget (i.e. $326,430). Staff revised the design to eliminate pavement surfacing work as a part of the total base bid. Rather, staff revised the design to include pavement surfacing as an additive bid item or option (i.e. not a part of the total base bid) in order to at least solicit a bid for such work.

On March 21, 2024, the SBCAG Board approved the Second Amendment to the Cooperative Agreement for additional Carpinteria Circulation Improvements Funds in the amount of $466,026 for a total appropriation of $792,456. On April 8, 2024, the City Council authorized the Mayor to sign the Second Amendment.

The purpose of this agenda matter is for the City Council to award a construction contract to Toro Enterprises, Inc.; authorize the City Manager to execute Amendment No. 1 to the Agreement with Stantec Consulting Services, Inc.; and approve a budget appropriation in the amount of $385,000 to the Capital Improvements Fund of the Fiscal Year 2025/26 Capital Improvements Program Budget for the Linden Avenue Improvements Project.

A Construction Contract Award for the Linden Avenue Improvements Project July 14, 2025

DISCUSSION
Staff readvertised the project and received one (1) bid on June 17, 2025, as follows:

Company Name Total Base Bid
Toro Enterprises, Inc. (Oxnard, CA) $908,610
A copy of the bid is provided in Attachment A. The additive base bid of the pavement surfacing work is in the total amount of $63,412.50.

The award of the construction contract is based on the lowest total base bid which excludes additive bid items. Staff determined the total base bid by Toro Enterprises, Inc. is responsive to the bidding requirements. Staff also determined Toro Enterprises, Inc. to be a responsible bidder based on reference checks and past contracts with the City. The proposed Construction Contract is provided in Attachment B. The Contract Time to complete the project is 45
Amendment No. 1 to the Agreement with Stantec Consulting Services, Inc. is for engineering support services during construction. The details of the scope of work are shown in the proposed Agreement as a part of Attachment C. Staff will perform the construction management.

The overall construction cost is a summation of the apparent low bid (i.e. total base bid) construction contingency, and professional (consulting) services. The following tables summarizes the proposed funding sources and project expenses:

Table 1: Funding Sources
Carpinteria Circulation Improvements Funds $1,071,500
Additional appropriation from Measure A Fund $107,900
Total $1,179,400
Table 2: Project Expenses
Construction Contract (Total Base Bid) $908,610
Construction Contract Contingency (10%) $90,861
Engineering Support Services during Construction $179,863 Total $1,179,334
Total (rounded up to the nearest hundred) $1,179,400
As aforementioned, the additive base bid of the pavement surfacing work is in the total amount of $63,412.50. The proposed Construction Contract Contingency may be expended for the pavement surfacing work.

A Construction Contract Award for the Linden Avenue Improvements Project July 14, 2025

Should the City Council approve the additional appropriation of $385,000, there will be another amendment to the Cooperative Agreement for appropriation of the remaining balance from the Carpinteria Circulation Improvements Funds. Pursuant to the adopted 2020 Measure A Strategic Plan (dated December 2020), there is a Measure A amount of $1,202,045 for the Carpinteria Circulation Improvements Funds. Of which, there is a remaining balance of $1,071,500 that the City would be allowed to expend for the Linden Avenue Improvements Project.

POLICY CONSISTENCY
The recommendation is consistent with the many goals, objectives, and policies in the Circulation Element of the General Plan and Local Coastal Land Use Plan including establishing and maintaining a roadway system capable of providing for the safe and efficient movement of goods and people through the community. The recommendation is also consistent with the SBCAG Regional Active Transportation Plan (adopted August 20, 2015). Pursuant to the Capital Improvement Plan Study Session on March 25, 2025, the recommendation is also edestrian
projects as critical infrastructure.

FINANCIAL CONSIDERATIONS
Staff is recommending an appropriation in the amount of $385,000 to the Capital Improvements Fund 301-403-5780 for Fiscal Year 2025/26. $277,100 is offset by an increase to County Grant Revenue 301-403-4380 (Measure A Circulation Funds).

Remaining $107,900 is offset by transfer from Measure A Fund 215-999-5911 to 301- 999-4906.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The recommendation is consistent with the formal bidding procedures of the Uniform Construction Cost Accounting Act (Public Contract Code Section 22030 et al.).

OPTIONS

1. Award a Construction Contract to Toro Enterprises, Inc. in the Total Base Bid amount of $908,610; authorize the City Manager to execute Amendment No. 1 to the Agreement with Stantec Consulting Services, Inc. to provide engineering support services during construction in an amount not-to-exceed $25,900 for a total amended agreement amount of $179,863; and approve a budget appropriation in the amount of $385,000 to the Capital Improvements Fund of the Fiscal Year 2025/26 Capital Improvements Program Budget for the Linden Avenue Improvements Project.

2. The City Council could choose to not approve the recommendation and direct staff as determined appropriate. However, the project would be delayed.

A Construction Contract Award for the Linden Avenue Improvements Project July 14, 2025

PRINCIPAL PARTIES EXPECTED AT MEETING
No principal parties are expected at the meeting.

ATTACHMENTS
Attachment A: Bid
Attachment B: Construction Contract
Attachment C: Amendment No. 1
Staff contact:

Shay Darrington, Engineering Technician
(805) 755-4445; [email protected] Signature
Reviewed by:

John L. Ilasin, Public Works Director
(805) 880-3402; [email protected] Signature
Reviewed by:

Licette Maldonado, Administrative Services Director
(805) 755-4448; [email protected] Signature
Reviewed by:

Ryan Kintz, Assistant City Manager
(805) 755-4450; [email protected] Signature
Reviewed by:

Michael Ramirez, City Manager
(805) 755-4450; [email protected] Signature

ATTACHMENT A
Bid

ATTACHMENT B
Construction Contract

CONTRACT
PROJECT:

AMOUNT OF CONTRACT: $__________________________________ THIS AGREEMENT, made and entered into this _____ day of ________________________, 20_____, by and between the City of Carpinteria (hereinafter referred to as Owner ) and ____________________________________ ___________________________________________________, hereinafter referred to as "Contractor".

IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS SET FORTH BELOW, THE PARTIES AGREE as follows:

ARTICLE I: GENERAL
Contractor agrees to perform and complete in a workmanlike manner all work required under the Bidding Schedule of Owner's Contract Documents entitled City Hall Campus Improvements Project- Sewer Replacement and in accordance with its Specifications and Drawings, to furnish at its own expense all labor, materials, equipment, tools, transportation, and services necessary therefor, except such materials, equipment and services as may be stipulated in the Specifications to be furnished by Owner, and to do everything required by the Agreement and the Contract Documents, for the sum of $_______
ARTICLE II: PAYMENT
For furnishing all said labor, materials, equipment, tools, and services, furnishing and removing all plant, temporary structures, tools, and equipment, and doing everything required by this Agreement, the said Specifications, Drawings and other Contract Documents; for all loss and damages arising out of the nature of the work,, or from the action of the elements, or from any unforeseen difficulties which may arise during the prosecution of the work until its acceptance by said Owner, and for all risks of every description connected with the work; for all expenses resulting from the suspension or discontinuance of work, except as are expressly stipulated in the Contract Documents to be borne by Owner and for completing the work in accordance with the requirements of the Contract Documents Owner will pay, and said Contractor shall receive, in full compensation therefor, the above named price.

ARTICLE III: CONSIDERATION
Contractor agrees to perform the work according to the terms of this Agreement for the abovementioned price and owner agrees to pay Contractor at the time, in the manner, and upon the conditions stipulated in the Contract Documents. Owner and Contractor, for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants contained in this Agreement and in the Contract Document.

ARTICLE IV: WAGES
The general prevailing rates of per diem wages and general prevailing rate for holiday and overtime work in the locality in which the work is to be performed have been determined by the Owner. Said general prevailing rates of per diem wages are incorporated and made a part of this Agreement. The Contractor agrees that it, or any subcontractor under it, will pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the Contract.

Any contractor who is awarded a public works project and intends to use a craft or classification not shown on the general prevailing wage determinations, may be required to pay the wage rate of that craft or classification most closely related to it as shown in the general determinations effective at the time of the call for bids.

ARTICLE V: HOURS AND WORKING CONDITIONS
The Owner is a public entity in the State of California and is subject to the provisions of the Government Code and the Labor Code of the State. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth this Agreement and will be complied with by the Contractor.

ARTICLE VI: CONTRACT TIMES
The Work shall be completed within working days from the commencement date stated in the Notice to Proceed.

ARTICLE VII: LIQUIDATED DAMAGES
Owner and the Contractor recognize that time is of the essence of this Agreement and that the Owner will suffer financial loss if the Work is not completed within the time specified in Article 2, plus any extensions thereof allowed in accordance with the t
damages in the event of such delays are impractical and infeasible to determine at this time. Accordingly, the Owner and the Contractor agree that as liquidated damages for delay (but not as a penalty), the Contractor shall pay the Owner $3,200 for each day that expires after the time specified in Article 2, plus any extensions, until actual completion of the Work. The payment of liquidated damages pursuant to this Article is for the limited purpose of compensating Owner for the costs and expenses associated with the delay in receiving the benefits and use of the Work and not for other damages that may be or payment of liquidated damages shall not in any way preclude complete the Work in a timely manner or otherwise satisfy its obligations as required by the Contract Documents.

ARTICLE VIII: ASSIGNMENT
No assignment by a party to this Agreement of any rights under or interests in the Contract Documents will be binding on another party without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

Owner and Contractor each binds itself, its successors, assigns and legal representatives to the other party, its successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.

ARTICLE IX: COMPONENTS OF AGREEMENT
Bid, Bid Certificates, Bidding Schedule
Bidders License and Experience Statement, Noncollusion Affidavit, Agreement Certificates, Material and Labor bond, Notice of Award, Insurance Endorsements, Sole Proprietor Statement, Escrow Agreement for Security Deposits in Lieu of Retention, Notice to Proceed, Closeout Agreement and Release of Claims, Insurance Specifications for Construction Contracts, Labor Provisions, General Provision Modifications (incorporating Provisions, Standard Specifications for Public Works Construction (latest edition), as modified), Special Provisions, Statutory Provisions, Specifications, Drawings and all Addenda issued by the Owner with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made part of this Agreement.

IN WITNESS WHEREOF, this contract has been executed on the day and year first above written.

APPROVED AS TO FORM: BUSINESS TAX COMPLIANCE
_________________________________________
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP Acting as City
Attorney of the City of Carpinteria
APPROVED AS TO CONTENT: _________________________________________ John L. Ilasin, P.E.

City Engineer
ATTEST: _________________________________________ Brian C. Barrett, CMC, CPMC _________________________________________ Licette Maldonado Business Tax and Permit Inspector
OWNER
City of Carpinteria, a Municipal Corporation
By ______________________________________
, Mayor

CONTRACTOR
By ______________________________________ _________________________________________ Title City Clerk

ATTACHMENT C
Amendment No. 1

City of Carpinteria

COUNCIL AGENDA STAFF REPORT

ITEM FOR COUNCIL CONSIDERATION
Appointment of CalPERS Retired Annuitant David Durflinger as an Extra Help - Public Works Director, for the period July 28, 2025 through October 31, 2025.

STAFF RECOMMENDATION
Appoint CalPERS retired annuitant David Durflinger to the position of Extra Help Public Works Director on a temporary, interim basis pursuant to Government Code Section 21224, for the period of July 28, 2025 through October 31, 2025.

Sample Motion: I move to approve the appointment of retired annuitant David Durflinger as an Extra Help-Public Works Director for the period July 28, 2025 through October 31, 2025.

BACKGROUND
The City s Public Works Director will be on active-duty military leave from July 24, 2025 through October 31, 2025. While on leave, the Director will remain available on a limited basis and continue to serve as the City Engineer. However, additional operational and administrative support will be necessary to ensure continuity of departmental functions during this time.

Government Code 21224 permits a CalPERS contracting agency, such as Carpinteria, to appoint a retired annuitant to perform temporary work of limited duration requiring specialized skills. The appointment must comply with CalPERS rules, including restrictions on hours worked and the requirement that the annuitant not displace active employees. In addition, California Code of Regulations Section 586.2 requires that retired annuitants be paid at a rate that falls within the established salary range for the position, without any additional benefits.

The purpose of this agenda item is to seek City Council approval for this temporary appointment in accordance with Government Code Section 21224.

Agenda Section: Administrative Matters
Agenda Item No.: 14
Council Meeting Date: July 14, 2025
Appointment of Retired Annuitant
July 14, 2025

DISCUSSION
Staff contacted CalPERS to confirm the requirements for appointing a retired annuitant under Government Code Section 21224. CalPERS staff provided guidance to ensure the proposed appointment meets all eligibility and compliance requirements.

Former City Manager David Durflinger meets the eligibility requirements for appointment under Government Code Section 21224, which permits the temporary employment of retired annuitants in positions requiring specialized skills. CalPERS defines specialized skills as knowledge or abilities not readily available within the current workforce and needed to address short-term operational needs.

Mr. Durflinger retired from CalPERS on December 9, 2023, and is uniquely qualified to serve in an Extra Help capacity due to his extensive experience in municipal operations, organizational leadership, and public infrastructure. His deep institutional knowledge and direct familiarity with the City s systems and processes make him especially well-suited to support the Public Works Department during this period. In this role, Mr. Durflinger will provide administrative and operational support, including staff reports, supervision of staff, project oversight, and departmental coordination.

In accordance with CalPERS rules and the City s Salary Schedule Resolution No. 6408 (Attachment A), Mr. Durflinger will be compensated at the hourly rate of $91.44, without benefits. The appointment will also comply with all CalPERS requirements, including the 960-hour fiscal year limit and the prohibition against displacing active employees.

POLICY CONSISTENCY
The proposed appointment is consistent with Government Code Section 21224 which allows a CalPERS retired annuitant to be appointed to perform work of limited duration in a position requiring specialized skills.

FINANCIAL CONSIDERATIONS
No additional funding requested. Sufficient funds are available in Public Works Department s existing Budget for Fiscal Year 2026.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
There are no legal or risk management concerns.

OPTIONS

1. Approve the appointment of the retired annuitant to provide extra help in the Public Works Department.

2. The City Council could choose not to approve the retired annuitant appointment and direct staff as appropriate.

Appointment of Retired Annuitant
July 14, 2025

PRINCIPAL PARTIES EXPECTED AT MEETING
No principal parties are expected at the meeting.

ATTACHMENTS
A. Resolution No. 6408
Reviewed by:

Ryan Kintz, Assistant City Manager
(805) 755-4400; [email protected]
Reviewed by:

Michael Ramirez, City Manager
(805) 755-4450; [email protected]
Signature
Signature

ATTACHMENT A

Grade FLSA Position Pay Type Minimum Control Point Maximum 100 Hourly 80.83 $ 95.99 $ 111.15 $
Bi-weekly 6,466.71 $ 7,679.21 $ 8,891.72 $
Monthly 14,011.20 $ 16,638.30 $ 19,265.39 $
Annual 168,134.35 $ 199,659.54 $ 231,184.73 $
99 Hourly 76.98 $ 91.42 $ 105.85 $
Bi-weekly 6,158.77 $ 7,313.54 $ 8,468.31 $
Monthly 13,344.00 $ 15,846.00 $ 18,347.99 $
Annual 160,127.95 $ 190,151.95 $ 220,175.94 $
98 Hourly 73.32 $ 87.07 $ 100.81 $
Bi-weekly 5,865.49 $ 6,965.27 $ 8,065.05 $
Monthly 12,708.57 $ 15,091.42 $ 17,474.28 $
Annual 152,502.81 $ 181,097.09 $ 209,691.37 $
97 Hourly 69.83 $ 82.92 $ 96.01 $
Bi-weekly 5,586.18 $ 6,633.59 $ 7,681.00 $
Monthly 12,103.40 $ 14,372.78 $ 16,642.17 $
Annual 145,240.77 $ 172,473.42 $ 199,706.06 $
96 EM, E Assistant City Manager Hourly 66.50 $ 78.97 $ 91.44 $ EM, E Administrative Services Director Bi-weekly 5,320.17 $ 6,317.71 $ 7,315.24 $ EM, E Community Development Director Monthly 11,527.05 $ 13,688.37 $ 15,849.69 $ EM, E Parks, Recreation, and Community Services Director Annual 138,324.55 $ 164,260.40 $ 190,196.25 $ EM, E Public Works Director
95 Hourly 63.34 $ 75.21 $ 87.09 $
Bi-weekly 5,066.83 $ 6,016.86 $ 6,966.90 $
Monthly 10,978.14 $ 13,036.54 $ 15,094.94 $
Annual 131,737.66 $ 156,438.48 $ 181,139.29 $
94 Hourly 60.32 $ 71.63 $ 82.94 $
Bi-weekly 4,825.56 $ 5,730.35 $ 6,635.14 $
Monthly 10,455.37 $ 12,415.75 $ 14,376.13 $
Annual 125,464.44 $ 148,989.02 $ 172,513.61 $
93 Hourly 57.45 $ 68.22 $ 78.99 $
Bi-weekly 4,595.77 $ 5,457.47 $ 6,319.18 $
Monthly 9,957.50 $ 11,824.53 $ 13,691.56 $
Annual 119,489.94 $ 141,894.31 $ 164,298.67 $
92 MM, E Civil Engineer Hourly 54.71 $ 64.97 $ 75.23 $
Bi-weekly 4,376.92 $ 5,197.59 $ 6,018.27 $
Monthly 9,483.33 $ 11,261.45 $ 13,039.58 $
Annual 113,799.95 $ 135,137.44 $ 156,474.93 $
91 MM, E Finance Manager Hourly 52.11 $ 61.88 $ 71.65 $ Bi-weekly 4,168.50 $ 4,950.09 $ 5,731.68 $
Monthly 9,031.74 $ 10,725.19 $ 12,418.65 $
Annual 108,380.90 $ 128,702.32 $ 149,023.74 $
90 MM, E Principal Planner Hourly 49.62 $ 58.93 $ 68.23 $ Bi-weekly 3,970.00 $ 4,714.37 $ 5,458.75 $
Monthly 8,601.66 $ 10,214.47 $ 11,827.28 $
Annual 103,219.91 $ 122,573.64 $ 141,927.37 $
89 Hourly 47.26 $ 56.12 $ 64.99 $
Bi-weekly 3,780.95 $ 4,489.88 $ 5,198.80 $
Monthly 8,192.06 $ 9,728.07 $ 11,264.08 $
Annual 98,304.67 $ 116,736.80 $ 135,168.93 $
88 MM, E City Clerk Hourly 45.01 $ 53.45 $ 61.89 $
MM, E City Librarian Bi-weekly 3,600.90 $ 4,276.07 $ 4,951.24 $ MM, E Human Resources/Risk Manager Monthly 7,801.96 $ 9,264.83 $ 10,727.69 $ Annual 93,623.50 $ 111,177.90 $ 128,732.31 $
87 Hourly 42.87 $ 50.91 $ 58.94 $
Bi-weekly 3,429.43 $ 4,072.45 $ 4,715.47 $
Monthly 7,430.44 $ 8,823.64 $ 10,216.85 $
Annual 89,165.24 $ 105,883.72 $ 122,602.20 $
FY 2025/26
Exhibit A to Resolution No. 6408
City of Carpinteria
Management and Miscellaneous Personnel
Classification and Compensation Information
Salary Schedule Effective July 1, 2025
FY 2025/26
City of Carpinteria
Management and Miscellaneous Personnel
Classification and Compensation Information
Salary Schedule Effective July 1, 2025
86 MM, E Chief Building Inspector/Plans Examiner Hourly 40.83 $ 48.48 $ 56.14 $ MM, E Environmental Program Manager Bi-weekly 3,266.13 $ 3,878.52 $ 4,490.92 $ M, E Public Works Manager Monthly 7,076.61 $ 8,403.47 $ 9,730.33 $ M, E Senior Accountant/Financial Analyst Annual 84,919.27 $ 100,841.64 $ 116,764.00 $ M, E Senior Management Analyst
M, E Senior Planner
85 M, E Program Manager Hourly 38.88 $ 46.17 $ 53.46 $
Bi-weekly 3,110.60 $ 3,693.83 $ 4,277.07 $
Monthly 6,739.62 $ 8,003.30 $ 9,266.98 $
Annual 80,875.50 $ 96,039.65 $ 111,203.81 $
84 M, E Accountant/Financial Analyst II Hourly 37.03 $ 43.97 $ 50.92 $ NE Associate Planner Bi-weekly 2,962.47 $ 3,517.94 $ 4,073.40 $ NE Associate Engineer Monthly 6,418.69 $ 7,622.19 $ 8,825.70 $ M, E Management Analyst II Annual 77,024.28 $ 91,466.34 $ 105,908.39 $ M, E Parks & Facilities Maintenance Supervisor
M, E Public Works Supervisor
83 M, E Aquatics Superintendent Hourly 35.27 $ 41.88 $ 48.49 $ M, E Code Compliance Supervisor Bi-weekly 2,821.40 $ 3,350.42 $ 3,879.43 $ M, E Community Engagement Library Specialist Monthly 6,113.04 $ 7,259.23 $ 8,405.43 $ Annual 73,356.46 $ 87,110.80 $ 100,865.13 $
82 M, E Accountant/Financial Analyst I Hourly $ 33.59 $ 39.89 $ 46.18 NE Assistant Engineer Bi-weekly 2,687.05 $ 3,190.87 $ 3,694.69 $ NE Assistant Planner Monthly 5,821.94 $ 6,913.56 $ 8,005.17 $ NE Environmental Program Coordinator Annual 69,863.30 $ 82,962.66 $ 96,062.03 $ NE Executive Assistant/Deputy City Clerk
M, E Management Analyst I
81 Hourly 31.99 $ 37.99 $ 43.98 $
Bi-weekly 2,559.10 $ 3,038.93 $ 3,518.76 $
Monthly 5,544.71 $ 6,584.34 $ 7,623.97 $
Annual 66,536.47 $ 79,012.06 $ 91,487.65 $
80 NE Accounting Technician Hourly 30.47 $ 36.18 $ 41.89 $ NE Code Compliance Officer II Bi-weekly 2,437.23 $ 2,894.21 $ 3,351.20 $ NE Engineering Technician Monthly 5,280.67 $ 6,270.80 $ 7,260.92 $ NE Envirornmental Program Specialist Annual 63,368.07 $ 75,249.58 $ 87,131.09 $ NE Human Resources Technician
NE Planning Technician
79 Hourly 29.01 $ 34.45 $ 39.90 $
Bi-weekly 2,321.17 $ 2,756.39 $ 3,191.62 $
Monthly 5,029.21 $ 5,972.19 $ 6,915.17 $
Annual 60,350.54 $ 71,666.27 $ 82,981.99 $
78 NE Aquatics Program Coordinator Hourly 27.63 $ 32.81 $ 38.00 $ NE Accounting Specialist Bi-weekly 2,210.64 $ 2,625.14 $ 3,039.63 $ NE Senior Services Coordinator Monthly 4,789.73 $ 5,687.80 $ 6,585.87 $ NE Human Resources Assistant Annual 57,476.71 $ 68,253.59 $ 79,030.47 $ 77 NE Management Assistant Hourly 26.32 $ 31.25 $ 36.19 $ Bi-weekly 2,105.37 $ 2,500.13 $ 2,894.89 $
Monthly 4,561.64 $ 5,416.95 $ 6,272.26 $
Annual 54,739.72 $ 65,003.42 $ 75,267.12 $
76 NE Code Compliance Officer I Hourly 25.06 $ 29.76 $ 34.46 $ Bi-weekly 2,005.12 $ 2,381.08 $ 2,757.04 $
Monthly 4,344.42 $ 5,159.00 $ 5,973.58 $
Annual 52,133.07 $ 61,908.02 $ 71,682.97 $
75 Hourly 23.87 $ 28.35 $ 32.82 $
Bi-weekly 1,909.64 $ 2,267.69 $ 2,625.75 $
Monthly 4,137.55 $ 4,913.33 $ 5,689.12 $
Annual 49,650.54 $ 58,960.02 $ 68,269.49 $
EM -Executive Management
MM - Mid-Management
M - Management
E - Exempt
NE - Non-Exempt
City of Carpinteria

COUNCIL AGENDA STAFF REPORT

ITEM FOR COUNCIL CONSIDERATION

1. Adoption of Resolution No. 6413, thereby initiating proposed amendments to the , Title 14: Zoning, to
APNs 001-180-032 and 001-180-040 from - 2. Direct staff to initiate negotiations with the property owner of APNs 001-180-032 and - 040 concerning possible terms for a Development Agreement related to the rezoning and future redevelopment of the subject properties.

STAFF RECOMMENDATION
Consider a request to rezone two parcels (APNs 001-180-032 and 001-180-040) from M-RP to RMU. Approval and adoption of Resolution No. 6413 (Attachment A) would initiate the amendments to the Carpinteria Local Coastal Program, and Carpinteria Municipal Code Title 14: Zoning. If the Council elects to initiate the rezone, the Council should also provide direction to staff concerning entering into a negotiation and possible terms for a Development Agreement between the City and property owner.

Sample motion: I move to approve and adopt Resolution No. 6413, initiating amendments to the Carpinteria Local Coastal Program, and Carpinteria Municipal Code, Title 14:

Zoning, APNs 001-180-032 and 001-180-040 - ; and direct the City Manager to initiate negotiations with the property owner concerning possible terms for a Development Agreement related to the rezoning and future redevelopment of the subject properties.

BACKGROUND
On November 25, 20241, the City Council took the first step in implementing Program 1 of adopted Housing Element by conducting the first reading of Ordinance Nos. 788, 789, 790, and 791. For context, a brief description of those ordinances is provided here:

Ordinance No. 788 established the district
to support Housing Element Program 1 goals. It allows future development to be 1 Available here (Item 13): https://carpinteria.granicus.com/player/clip/1544?view_id=2&redirect=true Agenda Section: Public Hearing
Agenda Item No.: 15
Council Meeting Date: July 14, 2025
Consideration of Rezone Initiation
July 14, 2025

residential-only or mixed-use, with a requirement for multi-family housing at a density between 20 units/acre and 25 units/acre.

Ordinance No. 789 introduced for RMUzoned projects to facilitate ministerial and streamlined permitting.

Ordinance Nos. 790 & 791 designated specific parcels to be rezoned to RMU, based During the November 25th hearing, the Council adopted (first reading) Ordinance Nos. 788, 789, and 791 without changes. However, Ordinance No. 790 underwent further discussion and was modified prior to adoption as described below:

As originally presented to the Council, Ordinance No. 790 included seven Housing Element sites to be rezoned. One of the included sites was Site No. 5, located at 6380 Via Real and often referred to as the Lagunitas Site. It had originally been included as a candidate site for rezoning in earlier drafts of the Housing Element, but then was subsequently removed when a development application for a mixed-use office park/housing project was submitted under the S
(M-RP) zoning designation. Later in 2024, when it became apparent that the mixed-use project would not be moving forward, staff reintroduced Site No. 5 for consideration as a candidate rezone site. Members of the public (primarily neighbors of the site), however, continued to raise concerns at the November 25th hearing regarding potential future development of the site and its suitability for RMU zoning.

Additional discussion at the November 25th hearing focused on the potential inclusion of Site No. 21, which is located at 6155 and 6175 Carpinteria Avenue and often referred to as the S&S Seeds property. City staff recommended that the rezoning of Site No. 21 be considered at a later phase2 due to known environmental / coastal resource issues. But during public comment, the property owner, Victor Schaff, and his representatives requested that Site No. 21 be included and rezoned as soon as possible to allow for nearterm redevelopment of the property that would include workforce housing.

Following public input and Council deliberation, a majority vote could not be reached on the inclusion of either site. Ultimately, the Council opted to proceed with the rezoning of the other six candidate sites, and to defer further consideration of Site Nos. 5 and 21 until staff could return with additional information in 2025. The excerpted meeting minutes, shown here, reflect this motion.
2 The next phase of Housing Element Rezones would be included in the upcoming Coastal Land Use Plan / General Plan (CLUP/GP) Comprehensive Update for consideration by the decision makers.

Consideration of Rezone Initiation
July 14, 2025

Table 1 contains a brief summary of the actions that followed the first reading of the ordinances.

Table 1. Summary of Actions on Housing Element Rezones after November 25, 2024 Date Action
December 9, 20243 City Council second reading of Ordinance Nos. 788, 789, 790, and 791.

January 30, 2025 California Department of Housing and Community Development March 14, 2025 Coastal Program Amendment (LCPA) with modifications.

April 14, 20254
788 and 789.

May 14, 2025

DISCUSSION
The current hearing revisits whether to rezone Site Nos. 5 and 21 to support Housing Element implementation as directed by Council:
3 Available here:
https://carpinteria.granicus.com/player/clip/1550?view_id=2&meta_id=98518&redirect=true 4 Available here (Item 12):
https://carpinteria.granicus.com/player/clip/1616?view_id=2&meta_id=103338&redirect=true Consideration of Rezone Initiation
July 14, 2025

Site No. 5 (6380 Via Real)
Since November of last year, the owners of the property have engaged a housing developer, City Ventures, to propose a 100% residential condominium project. City staff and the applicant team presented a concept review of the proposal to the City Council, Planning Commission, and Architectural Review Board on March 31, 2025. After receiving input from the three hearing bodies, City Ventures submitted an SB 330 preliminary application followed by a formal development application that would allow for 97 condominium units. At a density of 11.2 dwelling units per acre, the proposed project would not be consistent with the RMU zone, which calls for a minimum density of 20 dwelling units per acre. The SB 330 preliminary application followed by the timely submittal of the formal development application vests the site to its M-RP zoning designation and development standards in effect at the time of preliminary application submittal.5 The formal development application for the 97-unit condominium project is currently undergoing completeness review. Assuming that the applicant will continue to pursue the 97-unit condominium project on the site under its SB 330 preliminary application, rezoning of Site No. 5 would not have any effect on the processing of the current proposed project.

Therefore, a zoning change to RMU is no longer recommended for this site.

Site No. 21 (6155 and 6175 Carpinteria Avenue)
Site No. 21 is comprised of two contiguous properties on the Carpinteria Bluffs (6.31 acres total). Parcel 001-180-032 is vacant and is located just west of the Plan Member Services Corporate Headquarters. Parcel 001-180-040 is located just east of Viola Fields; it is mostly developed and contains the 43,500 square foot S&S Seeds warehouse and the accompanying parking areas. Both parcels support Environmentally Sensitive Habitat Area (ESHA) with a mix of wetland/riparian and upland coastal sage scrub vegetation, however, the vacant lot has substantially more habitat areas and includes the lower portion of Lagunitas Creek. For reference, the Housing Element site profile for Site No. 21 is provided in Attachment B.

The site is zoned M-RP, which allows for light industry, technical research, and office buildings. Mixed use is also allowed in this zone with up to 20 dwelling units per acre, but only if the residential use is secondary to the primary M-RP use.

Mr. Schaff, the property owner for both parcels, requests that the City rezone the site to RMU as part of the current Housing Element implementation efforts. The RMU zone would enable a fully residential development at a base density of up to 25 dwelling units per acre.

With that in mind, Mr. Schaff and his team have prepared a conceptual development proposal (see Attachment C) to demonstrate what such a project could look like. The conceptual proposal includes four two-story buildings containing 178 rental units. One of the buildings, containing 36 of the units, would be located on its own parcel (via a lot line adjustment) and would be designated for low-income households. The low-income units would amount to approximately 20.2 percent of the overall development (and 22.8 percent of the base density units at 25 units/acre). All buildings would have a height at or below 30 feet. The proposed development would offer a range of unit sizes, as summarized in Table 2.
5 See Gov. Code, §§ 65941.1, 65589.5(o)(1).

Consideration of Rezone Initiation
July 14, 2025

Table 2. Summary of Proposed Unit Types
Studios One-Bedroom Two-Bedroom Total
Market Rate 12 86 44 142
Low-Income 6 22 8 36
Total 18 108 52 178
The project would also include the extension of the existing coastal bluff-top trail through the vacant parcel, preservation and enhancement of ESHA, and the removal of an existing access easement through the Viola Fields parking lot, thereby increasing parking capacity for visitors to the adjacent public park and nature preserve. forth in the RMU zone district and elsewhere in the Carpinteria Municipal Code, it would include concessions and/or waivers afforded by State Density Bonus Law to allow for the following benefits/accommodations:

Additional units above the density set by RMU. At a density of 25 dwelling units per acre, the RMU zoning designation would limit the 6.31-acre project to 158 units.

The conceptual proposal of 178 units would add 21 units, or 13.3 percent, above the maximum.

Reduced parking. Per the RMU zone development standards6, the project would require approximately 261 parking spaces. The conceptual proposal includes a total of 213 spaces, thereby needing a waiver or parking reduction for 48 spaces.

Uncovered parking. Per the 7, multi-family residential
uses require that the majority of parking spaces be covered (carport or garages).

Under the conceptual proposal, all parking would remain uncovered, thereby minimizing construction costs as well as potential impacts to view corridors.

City staff has met with the property-owner team many times over the past year to review and discuss potential housing development on the site; and this conceptual proposal addresses most of the input provided by staff. In addition, the property-owner team and City staff jointly met with staff from the California Coastal Commission (CCC) on April 23, 2025 to get their input on this proposal. The CCC staff agreed that the concept appeared to be feasible and generally consistent with coastal policies, but specifically raised concerns regarding the need to avoid and/or mitigate potential impacts to ESHA.

The location of the project site, and the potential for impacts to sensitive resources, would justify taking specific action to address and protect sensitive resources prior to processing a rezone for the site, as further described below.
6 Section 14.19.090 of the Carpinteria Municipal Code available here:
https://library.municode.com/ca/carpinteria/ordinances/code_of_ordinances?nodeId=1359774 7 Section 14.54.040 of the Carpinteria Municipal Code available here:
https://library.municode.com/ca/carpinteria/codes/code_of_ordinances?nodeId=TIT14ZO_CH14.54PARE_

14.54.040PASPRE
Consideration of Rezone Initiation
July 14, 2025

Rezone Considerations
As discussed during the approval hearings in November and December of 2024, the RMU zone was specifically created to implement the Housing Element while addressing State housing laws. Accordingly, the RMU zone is unique from other zoning districts in that it has provisions to incentivize development of affordable housing units and to streamline permitting for medium-density multifamily housing. Two notable aspects of the RMU zone are:

Ministerial Permitting: Multifamily residential developments that provide a minimum of 20 percent of deed-restricted residential units for lower income households8 and that meet all objective standards shall be permitted , meaning that the housing project is not subject to discretionary review or approval, or environmental review under CEQA.

Objective Development and Design Standards: Development and design standards by a public official) such that ministerial and streamlined permitting can be accomplished.

Given the environmental sensitivity of Site No. 21, and the known requirements of the proposed development ministerially. Discretion would need to be applied with regard to how the buildings, parking lot, residential uses, and trail are situated to minimize impacts to coastal resources. Additional discretionary conditions of approval would likely be needed to address potential discovery of cultural resources and compensatory mitigation for any habitat loss. City staff, CCC staff, and the property-owner team have discussed various ways to address these conflicting requirements.

One approach could be to couple the rezone with the proposed entitlements such that they are all considered at the same time through a single discretionary process. While the City could bundle the rezone and project entitlements into one project, both the City and CCC would have to de-couple them in order to certify the rezone and LCPA prior to making the required
CCC suggested that the rezone and LCPA could be conditionally approved by the CCC such that the residential permits must meet those conditions. However, City staff is concerned that there could be substantial risks associated with deferring the conditions of approval to the CCC.
8 income as calculated and adjusted by the United States Department of Housing and Urban Development and HCD. (See Heal. & Saf. Code, § 50079.5.) For example, in Santa Barbara County, a family of four making up to $141,200 in 2025 qualifies as a lower income household due to adjustment factors. (See HCD, 2025 State Income Limits (Apr. 23, 2025) https://www.hcd.ca.gov/sites/default/files/docs/grants-andfunding/income-limits-2025.pdf.) Depending on the type of development, the units must be sold or rented gross household income with variations). (See Heal. & Saf. Code, § 50052.5.) Consideration of Rezone Initiation
July 14, 2025

Alternatively, or in tandem with the approach above, the City could explore entering into a development agreement with the property owner prior to approving a rezone. A development agreement is a legislatively-approved contract consistent with the local between a local agency and a property owner that provides more certainty to both parties with respect to development of a particular property.9 Here, the proposed agreement would be tied to the property itself such that it would still be in effect in the event of a change of ownership.10 Terms of the agreement could include, for example, the City committing to undertake the necessary rezone and LCPA on behalf of the property owner, and accommodating a streamlined permitting process to the extent practicable. In return, the property owner would agree to certain parameters for the proposed development of the site, such as a discretionary permitting process that allows the City to, for example, suitably address cultural and coastal resource protection concerns.

Should the City Council initiate the rezoning process for Site No. 21, staff would recommend that the Council also direct the City Manager to initiate negotiations for entering into a development agreement with the property owner. As part of that direction, the Council may wish to specify any other terms or conditions to explore as part of such as an agreement. Such terms or conditions could cover any number of project or design elements, including but not limited to, affordability percentages, terms and targeted income categories, marketing preferences for local workforce, conservation easements to protect ESHA, roadway improvements, etc.

If the Council chooses to initiate negotiations for a development agreement, the first step will be to establish procedures and requirements for consideration of the development agreement via resolution or ordinance.11 The City Council also could provide further direction on the terms or conditions and/or approach for negotiations (e.g., establishment of an ad hoc committee, early review by the Planning Commission, etc.). Based on the In the event the City and property owner agree to enter into a development agreement, the agreement would need to be considered by the Planning Commission and return to the City Council for approval at public hearings prior to any approval actions being taken on the rezone/LCPA or the project itself.12

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Development agreements are often used by local agencies throughout California to provide certainty and benefits to the local agency and an applicant for a development project. As a coastal city with a certified local coastal program, the City may enter into a development agreement with the property owner.13 However, given that the proposed project requires an LCPA and rezone, and is also located within the CCC Appeals 9 Gov. Code, § 65867.5(a), (b).
10 Gov. Code, § 65868.5.
11 Gov. Code, § 65865(c).
12 Gov. Code, § 65867.
13 Gov. Code, § 65869.

Consideration of Rezone Initiation
July 14, 2025

jurisdiction, the CCC will continue to have discretion over aspects of the proposed project.14 As part of negotiation of a development agreement, the City and property owner can coordinate closely with CCC staff and draft an agreement that provides sufficient flexibility for CCC review of, and potential conditions on, the LCPA and/or the proposed project.

A development agreement is also a legislative act that must be approved by ordinance and is subject to repeal by a voter referendum.15 If members of the public disagree with the decision to enter into a development agreement, they may circulate a petition to protest 16 If the petition is signed by 10 percent of the
and satisfies the procedural requirements, the City Council must either repeal the development agreement or submit the development agreement to the voters for approval at a regular or special election.17 available to answer questions at the meeting.

FINANCIAL CONSIDERATIONS
Staff time necessary to complete City-initiated rezone and LCPA work is paid for from the and Measure X Program, and has been budgeted for in the current FY2025-26 adopted Budget
Advance Planning program work. Staff time necessary to process any other permits or entitlements for Site No. 21 would be paid for by the property-owner team.

OPTIONS

1. Adopt Resolution No. 6413,
Coastal Program and Carpinteria Municipal Code, Title 14: Zoning, to amend the - and directing the City Manager to initiate
negotiations over terms for a development agreement with the property owner for the specified properties.

2. Adopt Resolution No. 6413, initiating the rezone without direction to negotiate a development agreement.

3. Decline to adopt Resolution No. 6413 and provide alternate direction to staff to return at a future meeting.

4. Decline to adopt Resolution No. 6413 and allow Site No. 21 to be considered in the next phase of Housing Element rezones.
14 See Gov. Code, § 65869.5.
15 Gov. Code, § 65867.5(a), (b); see Elec. Code, § 9235 et seq. 16 Elec. Code, § 9237.
17 Elec. Code, § 9241.

Consideration of Rezone Initiation
July 14, 2025

ATTACHMENTS
Attachment A Resolution 6413
Attachment B Site No. 21 Profile from Appendix B of the Housing Element Attachment C Conceptual proposal for future development of Site No. 21 Staff Contact: Mindy Fogg, Principal Planner
Community Development Department
(805) 755-4408 / [email protected] Signature
Reviewed by: Nick Bobroff, Director
Community Development Department
(805) 755-4407 / [email protected] Signature
Reviewed by: Ryan Kintz, Assistant City Manager (805) 755-4400 / [email protected] Signature Reviewed by: Michael Ramirez, City Manager (805) 755-4450 / [email protected] Signature Attachment A.

Resolution 6413 initiating proposed amendments to the
rezone specified properties from Industrial/Research Park - directing the City Manager to initiate negotiations over terms for a development agreement with the property owner for the
specified properties.

July 14, 2025 City Council Meeting

RESOLUTION NO. 6413

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA INITIATING AMENDMENTS (25-2354-

RZ/LCPA/ORD) TO THE CARPINTERIA LOCAL COASTAL
PROGRAM AND TITLE 14- ZONING, OF THE CARPINTERIA

MUNICIPAL CODE, TO
REZONE APNS 001-180-032 AND 001-180-040 FROM - WHEREAS, on January 1980, by Resolution No. 1019, the City Council adopted the Coastal Plan that was developed pursuant to the California Coastal Act of 1976 ; and
WHEREAS, on October 12, 1981, by Ordinance No. 315, the City Council adopted Title 14 of the Carpinteria Municipal Code, in compliance with the State of California planning and zoning laws; and
WHEREAS, on January 22, 2024, by Resolution No. 6288, the City Council adopted the -2031; and
WHEREAS, the City of Carpinteria is required to implement the Housing Element of the General Plan for the 2023-2031 planning period pursuant to State Housing Element Law (Gov. Code § 65580 et seq.); and
WHEREAS, the 2023-2031 Housing Element
includes a number of programs in order to provide adequate properties to accommodate the 2023-2031 period; and
WHEREAS, the Housing Element explains that the City intends to rezone specified properties to expand the potential sites that can accommodate residential uses. Per the Housing Element, such rezones would allow densities of 20 to 25 units per acre (with a minimum density of 20 units per acre) to accommodate lower-income housing with appropriate development standards, to encourage maximum allowable densities and to ensure lower-income housing projects are feasible; and
WHEREAS, City staff prepared Ordinance Nos. 788, 789, 790, and 791 to zone
district, to establish Objective Design Standards for projects in the RMU zone district, and amendments to the City zoning map to rezone specified properties (Sites 7, 10, 11, 12, 13, 14, 15, and 18) to the new RMU district in order to accommodate the RHNA shortfall; and
Resolution No. 6413

WHEREAS, City staff prepared an Addendum to the 2003 General Plan/Coastal necessary but none of the conditions described in California Environmental Quality Act Sections 15162 or 15163 calling for the preparation of a subsequent or supplemental Environmental Impact Report have occurred; and WHEREAS, on November 25, 2024, following a duly noticed public hearing of the City Council, Ordinance Nos. 788, 789, 790, and 791 were introduced on a first reading, and, after considering all the evidence in the record, the Council moved to approve the Ordinances as follows:

Ordinance No. 788: Approved 4-0-0-1 (Clark absent);
Ordinance No. 789: Approved 4-0-0-1 (Clark absent);
Ordinance No. 790: Removed Site 5 (APN 001-190-097) and Approved the Ordinance 4-0-0-1 (Clark absent) as amended;
Ordinance No. 791: Approved 3-0-1-1 (Solorzano recused, Clark absent); and
WHEREAS, in addition to introducing upon first reading Ordinance Nos. 788, 789, 790, and 791
shortfall the City Council requested that the Council consider rezoning of additional sites (Housing Element Inventory Sites 5 and 21) to the Residential/Mixed Use District through a separate action in early 2025; and
WHEREAS, on December 9, 2024, at a duly noticed public hearing, the City Council of the City of Carpinteria (City Council) adopted the Local Coastal Program (LCP) Amendment for Project No. 24-2279-ORD/LCPA, which included the second reading of Ordinance Nos. 788, 789, 790, and 791; and
WHEREAS, the City of Carpinteria submitted Ordinance Nos. 788, 789, 790, and 791 to the California Department of Housing and Community Development (HCD) on December 12, 2024 to request ; and
WHEREAS, the City of Carpinteria submitted Project No. 24-2279-ORD/LCPA to LCP. The amendment proposal was deemed complete and filed as LCP-4-CPN-24-0066- 1 on January 15, 2025; and
WHEREAS, on January 30, 2025, HCD determined that the ordinances met all statutory requirements pursuant to Government Code section 65583, subdivision (c), subparagraph (A) and Government Code section 65583.2, subdivision (c) and, as a result, ubstantial compliance with
Housing Element Law (Gov. Code, § 65580 et seq); and
WHEREAS, on March 14, 2025, the California Coastal Commission considered and approved amendment LCP-4-CPN-24-0066-1 LCP with
suggested modifications, as detailed in a resolution of certification; and Resolution No. 6413

WHEREAS, the Coastal Commission approved amendment LCP-4-CPN-24-0066- 1 without suggested modifications to Ordinance Nos. 790 and 791, and therefore no further action by the City of Carpinteria City Council on Ordinance Nos. 790 and 791 was required; and
WHEREAS, on April 14, 2025 the City Council acknowledged receipt of the Coastal Commission's resolution of certification, which included the suggested modifications to Ordinance Nos. 788 and 789, and accepted and agreed to the modifications in accordance with California Code of Regulations, title 14, sections 13542, 13544, and 13544.5; and
WHEREAS, on April 14, 2025, at a regular, duly noticed meeting, the City Council considered and adopted Ordinance Nos. 788 and 789, as amended by the California Coastal Commission; and
WHEREAS, on May 14, 2025, the Coastal Commission provided a final action letter approving LCP-4-CPN-24-0066-1 and certifying that Ordinance Nos. 788 and 789 were effectuated; and
WHEREAS, the landowner for Housing Element Site 5 (APN 001-190-097) has submitted a development application that vests the site to its current M-RP zoning designation and, therefore, a zoning change to RMU is no longer recommended for this site at this time; and
WHEREAS, the landowner for Housing Element Site 21 (APNs 001-180-032 and 001-180-040) requests a zoning change to RMU and has provided a conceptual development proposal that would accommodate 178 workforce rental units, including 36 units designated for low-income households, a proposal that aligns with the purpose and intent of the RMU zone district; and
WHEREAS, the City Council and landowner for Housing Element Site 21 desire to initiate negotiations of a development agreement to provide additional certainty for both parties with respect to the processing of a zoning change to RMU and a proposed development application on the site; and
WHEREAS, the City Council desires to initiate amendments to the Coastal Program and Carpinteria Municipal Code, Title 14: Zoning, in order to rezone Site 21 (APNs 001-180-032 and 001-180-040) to RMU to further Housing Element and facilitate the development of low-income housing.

NOW, THEREFORE, BE IT RESOLVED as follows:

SECTION 1. The above recitals are true and correct, and incorporated herein by reference.

Resolution No. 6413

SECTION 2. The City Council hereby initiates amendments (25-2354- RZ/LCPA/ORD) to the Carpinteria Local Coastal Program, including, but not limited to, Title 14, Zoning, of the Carpinteria Municipal Code to
rezone Housing Element Site 21 (APNs 001-180-032 and 001-180-040) from - SECTION 3. The City Council hereby directs the City Manager to initiate negotiations with the property owner of Housing Element Site 21 by establishing the agreement for this site pursuant to Government Code section 65865, subdivision (c).

SECTION 4. The City Council hereby finds that this Resolution is exempt from the California Environmental Quality Act (CEQA) (California Public Resources Code Sections 21000, et seq.), pursuant to State CEQA Guidelines Section 15061(b)(3), the "common sense exemption" covering activities with no possibility of having a significant effect on the environment because the initiation of a LCPA and development agreement negotiations would not approve any development project or other physical change to the environment. Future land use decisions contemplated by this Resolution will be subject to CEQA review to the extent required by law, as well as required compliance with numerous existing City, State, and federal laws and regulations that provide for environmental protection independent of the CEQA review process (e.g., air and water quality standards, protection of cultural and historic resources, sensitive biological habitat areas, mitigation of environmental hazards, coastal resource protection, etc.).

PASSED, APPROVED AND ADOPTED on July 14, 2025, by the following vote:

AYES: COUNCILMEMBER(S):

NOES: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):

ABSTAIN: COUNCILMEMBER(S):
________________________
Mayor, City of Carpinteria
ATTEST:
______________________________ Brian C. Barrett, CMC, CPMC City Clerk, City of Carpinteria
Resolution No. 6413

I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on July 14, 2025. ______________________________
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
APPROVED AS TO FORM: __________________________________ Jena Shoaf Acos, on behalf of Brownstein Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
Attachment B.

Site No. 21 Profile from Appendix B of the
2023-2031 Housing Element
July 14, 2025 City Council Meeting

ooooo
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Attachment C.

Conceptual Proposal for Future Development of
Site No. 21.

July 14, 2025 City Council Meeting
1 Property Owner Site No. 21 Conceptual Project Description 6155 6175 Carpinteria Avenue Residential Project
Project Location: 6155 6175 Carpinteria Avenue, Carpinteria, CA Assessor Parcel Numbers (APNs): 001-180-040 and 001-180-032 Parcel Area: 6.31 acres (two legal parcels)
Zoning: M-RP (Industrial Research Park)
Coastal Zone: Located within the California Coastal Commission Appeals Jurisdiction Project Summary
The project proposes residential in-fill development located at 6155 and 6175 Carpinteria Avenue in the City of Carpinteria designed to provide rental housing for Carpinteria residents and local workforce. The site consists of two legal parcels on the Carpinteria Bluffs: one developed with an existing 43,500 square-foot industrial building, which is proposed for demolition; and one currently vacant.

The project proposes a total of 178 residential rental units, with 20% of the units deed restricted as affordable. Approximately 213 on-site uncovered parking spaces are proposed. The project also proposes habitat restoration and installation of a pedestrian trail that would extend the existing bluff-top trail for public use.

Project Site
The total site area of the two parcels is 6.31 acres. The property is located between a mix of uses. To the west of the existing industrial building is Viola Fields, a public park, and the Carpinteria Bluffs nature preserve. To the east of the vacant parcel are three large office buildings. The site is on a transportation corridor, with a public bus stop, and adjacent to or near employment centers and recreational amenities.

The site is zoned M-RP (Industrial Research Park). The M-RP Zone District allows mixed-use development consisting of office industrial and residential development, or a residentialonly development with City Council approval of a Residential Overlay. In lieu of requesting a residential overlay, the applicant requests rezoning to RMU (Residential/Mixed-Use) through the Housing Element rezone process, allowing for a 100% housing project, including affordable and workforce rental housing.

Project Details
The project will be submitted pursuant to State Bonus Density Law (SBDL). Based on the RMU zoning base density of 25 dwelling units per acre, the site may accommodate up to 158 units. The project proposes to provide 36 affordable (low-income) units, or approximately 22.8% of the base density. With this percentage of affordable units, under SBDL the project is eligible for a density bonus of 42.5% of the base density, for a total of 225 units. While eligible to construct 225 units, the project proposes fewer units, in order to 178
residential rental units are proposed, with 20% of the total number of homes deed restricted as affordable, if rezoned to RMU. Approximately 213 on-site uncovered parking spaces are proposed. Per SBDL, 204 parking spaces would be required (1.5 spaces for two-bedrooms and 1 space for one-bedrooms and studios). 2 The proposed project includes the demolition of the existing 43,500 square-foot industrial building and the construction of 178 residential rental homes (142 market rate and 36 affordable) across the two parcels. The development will consist of two-story flat-roof -foot height limit, including the height of
proposed roof-top solar panels. The project will include a range of unit sizes intended to support a variety of household types: of the market rate units, 12 would be studios, 86 would be one-bedroom units, and 44 would be two-bedroom units. Of the 36 deedrestricted affordable units, 6 would be studios, 22 would be one-bedroom units, and 8 would be two-bedroom units. The affordable component may be met by partnering with a local affordable housing non-profit.

The project includes the extension of the existing coastal bluff-top trail through the vacant parcel, preservation of Environmentally Sensitive Habitat, and the removal of an existing access easement through the Viola Fields parking lot, increasing parking capacity for visitors to the adjacent public park and nature preserve.

Proposed Waivers
The project proposes implementing the following SBDL waivers to the Zoning Code RMU (Residential/Mixed Use) development standards:

Parking Reduction Per State Bonus Density: the project intends to apply parking ratios per SBDL provisions.

Uncovered Parking: the project proposes no covered parking to minimize construction costs and impact to view corridors. Per SBDL, parking spaces may be entirely uncovered.

Additional Project Requests
Realignment of Existing Trail Easement: The project proposes to extend the blufftop trail from where it terminates in the southeast corner of 6155 Carpinteria Ave., continuing it through 6175 Carpinteria Ave. to connect with the trail where it runs east beyond 6175 Carpinteria Ave., completing this section of the blufftop trail. A trail easement exists at the southeast corner of 6155 Carpinteria Ave. for the purpose of
project requests that the easement be revised to align with the proposed trail extension where it connects to the existing trail.
: The applicant requests application of a 25 setback
from existing ESH, which is within the allowable ESH buffer range, to accommodate the proposed workforce and affordable housing units in 2-story structures that do not exceed the required height limit for the zone.

Lot Line Adjustment: A lot line adjustment is proposed to accommodate the affordable housing.

Additional Context and Benefits
The property owner previously considered redeveloping the improved parcel with industrial uses permitted under existing Industrial Office Park zoning while developing the vacant parcel with new industrial buildings. However, based on City and State housing goals and the site's location between developed properties within walking and biking 3 distance to hundreds of local jobs, the residential in-fill option is being pursued as an alternative to more industrial development. The proposed residential use will be reviewed in accordance with local land use requirements and Coastal Act Policies.

This site is a prime opportunity for in-fill housing development due to its proximity to existing employment centers, transportation corridors, and community amenities. The project aligns with City goals for smart growth, coastal stewardship, and rental housing production. It also serves as a meaningful alternative to further industrialization of the Carpinteria Bluffs under existing zoning, which would neither contribute to housing supply nor support public access and recreational connectivity. The developer looks forward to working with City staff to develop and implement a marketing program designed to provide priority housing to local employees. The proposed development will provide high-quality rental housing, expand coastal access, and activate underutilized land within the urban boundary in a manner that is environmentally and socially responsive. ~~~

City of Carpinteria

COUNCIL AGENDA STAFF REPORT

ITEM FOR COUNCIL CONSIDERATION
Resolution No. 6414, approving the application for the Land and Water Conservation Fund grant for the Carpinteria Community Pool Project.

STAFF RECOMMENDATION
Adopt Resolution No. 6414, approving the submission of a Land and Water Conservation Fund grant application for the Carpinteria Community Pool Project.

Sample Motion: I move to adopt Resolution No. 6414, as read by title only. (This motion requires a roll call vote.)

BACKGROUND
On May 27, 2025, City staff presented the Community Pool Facility Condition Assessment to the City Council1. The assessment was conducted by the consulting firm CounsilmanHunsaker in response to age-related deficiencies at the Community Pool. Their evaluation included an on-site inspection, staff interviews, and a review of equipment and maintenance documentation.

The assessment identified approximately $969,383 in recommended repairs and upgrades to the pool structure, deck, and mechanical systems. Additionally, Public Works staff estimated $160,102 for full locker room renovations and $75,286 for the construction of a new gender-neutral/family restroom. The total estimated cost for all improvements is $1,204,772.

Due to ongoing fiscal constraints, where expenditures continue to outpace revenues, staff are seeking external funding sources, including grants, donations, or other mechanisms to support the project.

The purpose of this agenda item is to seek City Council adoption of Resolution No. 6414 (Attachment A) authorizing the submission of a Land and Water Conservation Fund 1 https://carpinteria.granicus.com/MetaViewer.php?view_id=2&clip_id=1638&meta_id=105052 Agenda Section: Other Business
Agenda Item No.: 16
Council Meeting Date: July 14, 2025
Resolution No. 6414, approving the application for the Land and Water Conservation Fund grant for the Carpinteria Community Pool Project.

July 14, 2025

(LWCF) grant application for critical repairs and improvements to the Carpinteria certifies compliance with grant requirements, and authorizes the City Manager to execute all related documents. Adoption of the resolution is a necessary component of the LWCF application process and supports staff efforts to secure external funding for the project, -term facility maintenance goals and fiscal sustainability objectives.

DISCUSSION
City staff have identified the Land and Water Conservation Fund (LWCF) grant, administered by the California Department of Parks and Recreation, Office of Grants and Local Services (OGALS), as a viable funding source. The LWCF program currently offers approximately $35 million in available funding, with a maximum award of $6 million per application. The program requires a minimum 50 percent match of the total project cost, and applicants must demonstrate the ability to finance 100 percent of the project up front, with up to half eligible for reimbursement.

Eligible applicants include cities, counties, federally recognized tribes, joint powers authorities (comprised entirely of public agencies), non-state agency recreation and park districts, and special districts authorized to acquire, operate, and maintain public park and recreation areas. The program funds the acquisition or development of facilities for public outdoor recreation purposes, including outdoor swimming pools. However, indoor improvements such as locker room renovations are not eligible for funding through this grant.

Applications for the LWCF program are due by 5:00 p.m. on August 5, 2025. A required authorizing the submission of the application and committing to compliance with the pr
Community Pool Project while meeting all applicable grant requirements.

Resolution No. 6414 fulfills this requirement by authorizing the City of Carpinteria to submit an application for LWCF funding for the Carpinteria Community Pool Project. The understanding of and agreement with all applicable program requirements. Specifically, the resolution:

Approves the filing of the LWCF grant application for the Carpinteria Community Pool Project, specifically the repairs to the pool, pool deck and replacement of pool equipment;
Resolution No. 6414, approving the application for the Land and Water Conservation Fund grant for the Carpinteria Community Pool Project.

July 14, 2025

of the LWCF Grant Administration Guide;
Commits that any property developed with LWCF assistance will remain dedicated to public outdoor recreational use, in accordance with federal law; ability to finance 100 percent of the project, up to 50 percent to be reimbursed by the State;
laws and regulations; and
negotiations and execute all necessary documents related to the grant application and administration.

The Community Pool is located on land leased from the Carpinteria Unified School District. The Joint Use and Recreation Lease Agreement, executed on December 9, 1986, grants the City the right to construct, operate, and maintain a swimming pool on the Carpinteria Junior High School campus. This lease remains in effect until January 1, 2047.

Additionally, a separate Community Recreation Agreement between the City and CUSD also dated December 9, 1986 and effective until January 1, 2112 authorizes the City to maintain and operate the facility under the Community Recreation Act and affirms the mutual intent to provide recreational benefits to both residents and students.

These agreements satisfy the LWCF requirement that the City have long-term site control and the legal authority to carry out outdoor recreation improvements.

The City currently maintains approximately $864,000 in the General Fund Special Projects Reserve and $832,000 in the General Fund Asset Replacement Reserve, totaling $1,726,000 that could be used to support the Community Pool project if needed.

While t
reserves offer a potential funding option to help ensure the project can move forward if other sources are not sufficient.

To meet the required 50 percent local match if awarded, staff intend to launch a targeted fundraising campaign. The fundraising target is 50 percent of the pool project cost (approximately $500,000) and the full amount for the locker room renovations, including a new gender-neutral/family restroom (approximately $236,000), totaling a fundraising goal of approximately $736,000. If the fundraising goal is not fully achieved, the City Council may consider allocating funds from the Special Projects and/or Asset Replacement reserves to close any funding gap and ensure project completion.

Additionally, if the fundraising goal is not met, the project may be scaled down until additional funds are available, or the City can choose not to except the funds, if awarded.

This initiative aligns with the Parks, Recreation,
Resolution No. 6414, approving the application for the Land and Water Conservation Fund grant for the Carpinteria Community Pool Project.

July 14, 2025

FY 2025 27 Strategic Goals to develop and implement a Community Pool fundraising strategy.

Preliminary outreach to past donors and potential supporters has yielded positive feedback. Though no formal commitments have been secured, the Ann Jackson Family Foundation, a strong supporter of the pool, has submitted a letter of support (Attachment B), along with the La Centra-Sumerlin Foundation (Attachment C). In addition, funds previously donated and earmarked by the Ann Jackson Family Foundation may be used to engage a fundraising consultant to design and lead the campaign, with the goal of raising the full matching share, and potentially securing additional funding to support locker room renovations not eligible for LWCF reimbursement.

POLICY CONSISTENCY
This Council agenda item aligns with City Council Primary Goal #4: Maintain the fiscal Sustainability of the City.

FINANCIAL CONSIDERATIONS
No additional funding requested at this time. Minimal staff time to prepare the report is included in the Adopted FY 2025-26 General Fund Budget. There is sufficient funding in the Professional Services Account # 101-111-5201 for CA Consulting for assistance with the grant application.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
up to 50% reimbursed by the state, along with other commitments as outlined in the attached resolution No. 6414. There are no risk management considerations associated with submission of the LWCF grant application; however, issues highlighted in the Community Pool Facility Condition Assessment may risk if not addressed sometime in the near future.

OPTIONS

1. Adopt Resolution No. 6414, approving the application for the Land and Water Conservation Fund Carpinteria Community Pool Project.

2. Do not adopt Resolution No. 6414, and provide direction to staff as appropriate.

PRINCIPAL PARTIES EXPECTED AT MEETING
None.

Resolution No. 6414, approving the application for the Land and Water Conservation Fund grant for the Carpinteria Community Pool Project.

July 14, 2025

ATTACHMENTS
Attachment A: Resolution No. 6414
Attachment B: Ann Jackson Family Foundation Support Letter Attachment C: La Centra-Sumerlin Foundation Support Letter Staff contact:

Jeanette Gant,
Director Parks, Recreation & Community Services
(805) 684-5405, [email protected]
Signature
Reviewed by: Ryan Kintz, Assistant City Manager (805) 755-4450, [email protected] Signature Reviewed by: Michael Ramirez, City Manager (805) 755-4450, [email protected] Signature

ATTACHMENT A
Resolution No. 6414
RESOLUTION NO. 6414

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CARPINTERIA APPROVING THE APPLICATION FOR THE LAND AND

WATER CONSERVATION FUND GRANT FOR THE CARPINTERIA

COMMUNITY POOL PROJECT
WHEREAS, Congress, under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program; and WHEREAS, the applicant certifies by resolution the approval of the application and the availability of eligible matching funds prior to submission of the application to the State.

NOW, THEREFORE, BE IT RESOLVED as follows:

SECTION 1. The above recitals are true and correct, and incorporated herein by reference.

SECTION 2. The Carpinteria City Council hereby:
a. Approves the filing of an application for Land and Water Conservation Fund assistance for the proposed Carpinteria Community Pool Project; and b. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and
c. No property
acquired or developed with assistance under this section shall, without the approval of the Secretary, be converted to other than public outdoor recreation use. The Secretary shall approve a conversion only if the Secretary finds it to be in accordance with the then-existing comprehensive statewide outdoor recreation plan and only on such conditions as the Resolution No. 6414

Secretary considers necessary to ensure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location
d. Certifies that the City has matching funds from eligible source(s) and can finance 100 percent of the project, which up to half may be reimbursed; and e. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines; and
f. Appoints the City Manager as agent of the applicant to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned project.

PASSED, APPROVED AND ADOPTED on the 14th day of July, 2025, by the following roll call vote:

AYES: COUNCILMEMBER(S):

NOES: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):

ABSTAIN: COUNCILMEMBER(S):
________________________
Mayor, City of Carpinteria
ATTEST:
______________________________ Brian C. Barrett, CMC, CPMC City Clerk, City of Carpinteria
Resolution No. 6414

I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on July 14, 2025. ______________________________
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
APPROVED AS TO FORM: __________________________________ Jena Shoaf Acos, on behalf of Brownstein Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria

ATTACHMENT B
Ann Jackson Family Foundation Support Letter

ATTACHMENT C
La Centra-Sumerlin Foundation Support Letter

City of Carpinteria

COUNCIL AGENDA STAFF REPORT

ITEM FOR COUNCIL CONSIDERATION
Professional Services Agreement with CliffordMoss to Support Community Outreach and Fiscal Sustainability Efforts

STAFF RECOMMENDATION
Authorize the City Manager to execute a professional services agreement with CliffordMoss in an amount not to exceed $100,000 to provide strategic outreach and -term funding needs and overall fiscal
sustainability efforts.

Sample Motion: I move to authorize the City Manager to execute a professional services agreement with CliffordMoss in an amount not to exceed $100,000 with $46,000 allocated in Fiscal Year 2025 26 and $54,000 in Fiscal Year 2026 27 to provide -term funding needs
(The motion requires a roll call vote.)

BACKGROUND
2025/26-2026/25 Strategic Plan includes Primary Goal
No. 4 Maintain the
directed staff to explore new revenue sources to help maintain current service levels and and improvement needs.

The
COVID-19 pandemic, sustained inflation, and increasing costs associated with public safety, capital investment, and community programs. Core revenue sources including sales tax (e.g., Bradley-Burns, Measure X), property tax, and transient occupancy tax have remained relatively flat. Broader economic uncertainty, including potential shifts in federal policy related to trade, immigration, and tourism, adds additional volatility to local revenue projections.

Agenda Section: Other Business
Agenda Item No.: 17
Council Meeting Date: July 14, 2025
Agreement with CliffordMoss for Outreach Consultant Services July 14, 2025

In light of these financial constraints, the City is taking a proactive approach to evaluate long-term revenue strategies. On June 9, 2025, the City issued a Request for Proposals (RFP) seeking qualified outreach consultants to support public education and g needs. The City received three proposals in
response. After a thorough evaluation of experience, scope, and cost, staff identified CliffordMoss as the top-ranked firm. CliffordMoss brings deep expertise in helping local governments develop legally compliant, transparent outreach strategies that build community understanding and trust around fiscal decision-making.

Staff reviewed the proposals recommendation, with the City Council Finance Committee, which expressed support for the selection of CliffordMoss and endorsed moving forward with the proposed contract.

The purpose of this report is to request City Council authorization for the City Manager to execute a professional services agreement with CliffordMoss in an amount not to exceed $100,000 -term funding needs.

The agreement would support public education and engagement efforts related to potential Assessment District actions and a future revenue measure. The proposed agreement is included as Attachment A.

DISCUSSION
CliffordMoss will provide strategic outreach and education services to help the City of Carpinteria engage residents, stakeholders, and key constituencies in understanding the -term fiscal needs and potential revenue solutions. Their work is designed to be legally compliant, data-driven, and responsive to the unique characteristics of the Carpinteria community.

The engagement will be executed in two coordinated phases:

Phase 1 (August November 2025): Focused on outreach and listening related to the Proposition 218 process for two assessment districts the Landscape Assessment District and the Winter Berm District.

Phase 2 (March July 2026): Focused on community engagement and public education related to a potential November 2026 general revenue ballot measure/s.

CliffordMoss Approach and Methodology
CliffordMoss follows a proven three-step methodology:

1. Strategic Planning and Listening (Step 1):
o Conduct initial political analysis, Strengths, Weaknesses, Opportunities, Threats (SWOT) assessment, and power mapping to understand community dynamics.
o
leaders, residents, and business representatives.

Agreement with CliffordMoss for Outreach Consultant Services July 14, 2025

o
messaging and informational materials.
o Facilitate City leadership alignment on feasible timelines and approaches.

2. Public Education and Outreach (Step 2):
o Develop customized, factual public education materials including flyers, mailers, and digital content.
o Coordinate informational outreach using multiple channels: in-person and virtual town halls, service club presentations, earned media, and newsletters.
o Build a message platform rooted in transparency, simplicity, and local relevance to ensure clarity for all voter segments.
o
reach using existing in-house platforms.

3. Preparation for Ballot Consideration (Step 3):
o Provide strategic counsel as the City evaluates whether to place a revenue measure on the ballot.
o Assist in packaging ballot measure content and messaging based on polling results and community feedback.
o Ensure informational efforts remain compliant with State law governing public agency communications.

Throughout the engagement, CliffordMoss will maintain close collaboration with City staff and provide regular progress updates. Their strategy emphasizes alignment with -led messaging, and outcome-based decision-making.

Budget Structure
The outreach effort will be delivered for a total not-to-exceed amount of $100,000, allocated as follows:
$46,000 in Fiscal Year 2025 26 (Prop 218-focused outreach and early stakeholder engagement)
$54,000 in Fiscal Year 2026 27 (revenue measure outreach and public education)
infrastructure to control costs while maximizing public access and visibility.

The proposed outreach program will allow the City to inform and engage the public early and meaningfully setting the stage for potential revenue decisions that are communitydriven, data-informed, and built on shared understanding.

Agreement with CliffordMoss for Outreach Consultant Services July 14, 2025

POLICY CONSISTENCY
This action is consistent with the following City Council Fiscal Year 2025/26 2026/27 Strategic Plan goals:
- Primary Goal No. 1: Enhance Public Outreach, Education, and Transparency - Primary Goal No. 4: Maintain Fiscal Sustainability of the City

FINANCIAL CONSIDERATIONS
No additional funding is requested. Funds for this agreement are programmed into the approved Budget for Fiscal Year 2026 and 2027.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The procurement for these outreach services
(Resolution No. 6341) and California Government Code Section 4525 et seq. regarding the procurement of professional consulting services.

OPTIONS
The City Council may consider the following options:

1. Authorize the City Manager to execute a professional services agreement with CliffordMoss in an amount not to exceed $100,000, as recommended by staff.

2. Decline to authorize the agreement and provide alternate direction to staff regarding community outreach on City funding needs.

PRINCIPAL PARTIES EXPECTED AT MEETING
Amanda Clifford from CliffordMoss will be available for questions.

ATTACHMENTS
Attachment A: Agreement with CliffordMoss
Staff contact:

Reviewed by:

Ryan Kintz, Assistant City Manager
(805) 755-4400; [email protected] Signature
Agreement with CliffordMoss for Outreach Consultant Services July 14, 2025

Reviewed by:

Michael Ramirez, City Manager
(805) 755-4450; [email protected] Signature

ATTACHMENT A
Agreement
25176991.2

AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT FOR CONSULTANT SERVICES Agreement
the 14th day of July , 2025 by and City
the CliffordMoss ( Consultant Parties at Carpinteria, California, with reference to the following facts:

A. City has determined that it is necessary and appropriate to engage a non-design professional to carry out the services described herein; and
B. Consultant has represented itself as being fully qualified and available to perform the consultant services required or necessary under this Agreement in a fully competent, professional and timely manner; and
C. City desires to contract with Consultant and Consultant is willing to perform the consultant services, subject to the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. SERVICES.

1.1 Basic Services. City hereby retains Consultant to perform the services described and set forth in the attached Exhibit A Basic Services
as though set forth in full. Consultant hereby agrees to perform said services within the designated time frames and accepts this retention. Consultant shall complete the Basic Services according to a schedule of performance which is also set forth in Exhibit A. The Parties agree and acknowledge that time is of the essence in performance of this Agreement.

1.2 Additional Services. In addition to the Basic Services, City may elect to have Consultant perform additional services that are beyond the current scope of the Basic Services, but Additional Services
shall be mutually agreed to in advance and specified in a writing, which shall also specify Additional Services are referenced collectively a Services.

2. PERFORMANCE.

2.1 Standard of Performance. Consultant shall faithfully, competently and diligently perform the obligations and responsibilities required by this Agreement, applying best management practices and the same standards of care utilized by persons commonly engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. Consultant shall not engage the assistance of 25176991.2
2 subcontractors for performance of the Services unless previously agreed to in writing by the City.

2.2 Labor and Materials. Consultant shall furnish, at its own expense, all labor, materials, equipment, tools, transportation and services necessary for the successful completion of the Services. Consultant shall give its attention and supervision to the fulfillment of the provisions of this Agreement by its employees and subcontractors and shall be responsible for the timely performance of the Services required by this Agreement. Consultant is an independent contractor of City. Any and all employees of the Consultant engaged by the Consultant in the performance of any work or services required of the Consultant under this Agreement, shall be considered employees or agents of the Consultant only and not of the City, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Consultant. Consultant is solely responsible for the professional quality, accuracy and timely completion and/or submission of all work related to the Basic Services.

2.3 Review of Service. Consultant shall furnish City with reasonable opportunities from time to time to ascertain whether the Services of Consultant are being performed in accordance with this Agreement. All work done and materials furnished shall be subject to final review and approval by City; Consultant is not providing final approval or review, which is solely however, relieve Consultant of any of its obligations under this Agreement.

2.4 Contract Administration. The City Manager or his/her designee shall represent the City in all matters relating to the administration of this Agreement. The City Manager or his/her products submitted by Consultant and may execute all necessary documents to authorize Consultant to perform Additional Services as provided for herein. The City Manager or his/her designee shall have the authority to render decisions within guidelines established by the City Council and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. The following individual(s) will serve as the primary contact(s) for Consultant in the administration of this Agreement:

Ryan Kintz, Assistant City Manager

2.5 Representations and Warranties. Consultant represents and warrants to City that: (i) its fulfillment of its obligations and, as applicable, performance the Services under this Agreement, will not violate any applicable or breach any contracts with third parties and (ii) it has the right, power and authority to fulfill its obligations, and, as applicable perform the Services, and enter into this Agreement; (iii) the Services contemplated hereunder will be performed by adequately trained, competent personnel, in a professional manner, with such personnel having the requisite skill and expertise necessary to perform and complete the Services in accordance with industry standards and in accordance with the terms and conditions of this Agreement; and (iv) the Services and all deliverables provided hereunder will conform to the specifications agreed-to by the parties. 25176991.2
3 3. TERM. This Agreement shall be effective as of the date first above written and shall continue until all Services to be provided by Consultant are completed to the satisfaction of the City, but in no event later than August 31, 2027, unless terminated earlier as provided for herein.

4. COMPENSATION.

4.1 Basic Services. For Basic Services, City shall pay Consultant on a time and materials basis, not to exceed amount of $100,000.00 as full compensation for all labor, materials, equipment, tools, transportation, and Services. This compensation shall be paid in accordance with the payment rates and schedule as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based on the actual time spent on the tasks and the actual price of the necessary materials. In the event a term or condition in any document or attachment conflicts with a term or condition of this Agreement the term or condition in this Agreement shall control. Should such conflict arise the priority of documents shall be as follows:
l together with attachments.

4.2 Additional Services. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to the Basic Services, unless such services are authorized Additional Services agreed to in advance and in writing in the method provided for herein. Consultant will submit fee estimates for such Additional Services upon request of City.

4.3 Invoices. Should City reasonably determine that Consultant has not fulfilled any services or met the timelines established in Exhibit A, City shall notify Consultant of the failure in writing of deficiencies believed to be substantially inadequate within thirty (30) days after receipt of product or performance of Services. The City, at its discretion may provide the Consultant five (5) days to cure the breach. City may withhold the accompanying payment without penalty until such time as Consultant cures the breach. In the alternative, upon Should Consultant or its representatives fail to cure the breach within five (5) days, or fail to reasonably agree to such modified schedule, City may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Consultant.

4.4 Withholding. City reserves the right to withhold future payment to Consultant if any or performance of Services is found to be substantially inadequate. City shall notify Consultant in writing of deficiencies believed to be substantially inadequate within thirty (30) days after receipt of product or performance of Services.

4.5 Taxes/Insurance/Licenses. Consultant shall be solely responsible for the payment of any state disability insurance, and any other taxes or insurance which Consultant is responsible for paying as an independent contractor under federal, state or local law. At all times during the term of this Agreement, Consultant and any approved subcontractors performing Services under this Agreement shall have in full force and effect all licenses necessary for 25176991.2
4 the performance of Services hereunder, including without limitation, business licensing from City, all at the sole cost of Consultant.

5. RECORDS. 5.1 Financial Records. Consultant 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. Consultant shall also maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

5.2 Access to Records. Consultant shall (i) provide free access to the representatives of City or its designees at reasonable times to books and records as set forth in section 5.1; (ii) shall give City the right to examine and audit said books and records; (iii) shall permit City to make transcripts therefrom as necessary; and (iv) 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 four (4) years after receipt of final payment.

5.3 Original Records. All original agreements, data, documents, designs, drawings, exhibits, maps, models, computer files, reports, studies, surveys, notes, and other work, materials or providing the Services pursuant to this Agreement shall be referred to as Consultant Work Product . Upon completion of, or in the event of termination or suspension of this Agreement, all completed and incomplete Consultant Work Product shall become the sole property of City once the Consultant has received payment. City may duplicate, disclose, disseminate, use, reuse or otherwise dispose of Consultant Work Product in whole or in part in any manner it deems appropriate, without the permission of Consultant. With respect to computer files, Consultant shall make available to the City, at Consultant's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

Consultant may retain copies of such Consultant Work Product as a part of its record of professional activity
. 6. TERMINATION.

6.1 Termination Without Cause. This Agreement may be terminated by either party for any reason upon ten (10) days prior written notice by the terminating party to the other party.

In the event of a termination, the date of termination shall be deemed to be the first business day occurring after the expiration of the notice period. Upon receipt of said notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.

6.2 Termination With Cause. Either party may terminate this Agreement with cause, effective immediately upon written notice of such termination to the other party and failure 25176991.2
5 of the breaching party to correct within five (5) days of receiving such notice, based upon the occurrence of any of the following events:

Material breach of this Agreement;
Cessation of Consultant to be licensed, as required by applicable law; Failure to substantially comply with any applicable federal, state or local law or regulation;
Filing by or against Consultant of any petition under any law for the relief of debtors; and,
Filing of a criminal complaint against Consultant for any crime, other than minor traffic offenses.

6.3 Performance Upon Termination. In the event this Agreement is terminated pursuant to this Section, City shall pay Consultant for the outstanding balance owed for work performed up to the time of termination. Upon termination of the Agreement, Consultant shall submit an invoice to City as provided for herein and shall submit to the City all of its files for any billable or non-billable matters in which the Consultant is involved under the scope of this Agreement.

6.4 Termination Upon Mutual Consent. This agreement may also be terminated by mutual consent of the parties and in accordance with the terms and conditions of any plan of termination established by the parties. In the event of a termination by mutual consent, the date of termination shall be such date as is agreed upon by the parties. The parties may agree to suspend or terminate a portion of this Agreement and such suspension or termination shall not make void or invalidate the remainder of this Agreement.

7. DISPUTE RESOLUTION. Except as explicitly provided in Exhibit C relating to claims by Consultant, if any dispute, claim or disagreement shall arise relative to the interpretation or enforcement of this Agreement, the parties shall use commercially reasonable efforts to settle the dispute, claim or disagreement. To this end, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such a solution within a period of thirty (30) days, then, upon notice by either party to the other, the dispute, claim or disagreement shall be submitted to final, binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator shall have the authority to assess arbitration costs and expenses against either or both parties. The decision in the arbitration shall be binding on all parties, and judgment on any arbitration award may be entered in any court of competent jurisdiction.

8. INSURANCE. Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in the attached Exhibit D, which is incorporated by this reference as though set forth in full.

9. INDEMNIFICATION. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and any of its officials, directors, employees and agents Indemnified Parties and all losses, liabilities, damages, costs, charges, payments, claims, and expenses, including attorney s fees and costs of defense, which arise out of, 25176991.2
6 are a consequence of, or are in any way attributable to, in whole or in part, this Agreement, including but not limited to any activities associated with carrying out the agreed to Services by Consultant, its agents, employees, subcontractors, consultants, assigns or by any individual or entity for whom Consultant is legally liable.

10. RELEASE OF INFORMATION.

10.1 Confidentiality. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released except to the City, directly or indirectly, by Consultant without City's prior written authorization. Consultant, its officers, employees, subcontractors or sub-consultants shall not voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement unless requested by the City Attorney or authorized in writing by the City Manager. Response to a subpoena or court order shall not be considered "voluntary" provided that Consultant shall give City prompt written notice of any such court order or subpoena. The provisions of this Paragraph shall survive the termination of this Agreement.

10.2 Notice and Cooperation. Consultant shall promptly notify the City Manager and City Attorney in writing if Consultant, its officers, employees, agents, subcontractors or subconsultants are served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court related Services. City has no obligation to, but may exercise discretion to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide the City an opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not grant or imply a right of City to control, direct, dictate or rewrite said response.

11. RELATIONSHIP TO CITY.

11.1 Independent Contractor. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

11.2 No Employee Privileges. No City employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages or other compensation to Consultant for performing Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing Services hereunder.
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7 11.3 Consultant Duty to City. Consultant understands and agrees that its responsibility to provide complete and accurate Services is owed solely to City and that its accountability under this contract shall likewise be solely to City and not to any City applicants or any other third person or entity.

11.4 Interest of Consultant. Consultant represents and warrants to City that it presently has no interests, and covenants that it shall not acquire any interests, direct or indirect, financial or otherwise, which would conflict with the performance of the services to be provided by Consultant under this Agreement. Consultant further covenants that, in the performance of this Agreement, no subcontractor or employee having such an interest shall be employed by Consultant. Consultant certifies that no one who has or will have any financial interest under this Agreement is: (a) an officer or employee of City, or (b). an officer or employee of the applicant and any of its consultants. Consultant agrees to comply with any applicable conflict of interest code.

11.5 Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement or financial inducement. No officer or employee of City will receive compensation, directly or indirectly, from Consultant or any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or in equity.

11.6 Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the City and the Consultant and will not confer any rights upon any person not expressly a party to this Agreement.

12. GENERAL PROVISIONS.

12.1 Assignment of Rights. Contractor agrees to assign City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act or under the Cartwright Act arising from purchases of goods, services, or materials pursuant to this Agreement.

12.2 Further Assurances. City and Consultant each agree to cooperate with one another, to use their best efforts, to act in good faith, and to promptly perform such acts and execute such documents or instruments as are reasonably necessary and proper to consummate the transactions contemplated by this Agreement.

12.3 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if personally served or on the second day after mailing if mailed by first-class mail, registered or certified, return receipt requested, postage prepaid and properly addressed as follows:

To City: To Consultant:

Michael Ramirez, City Manager Amanda Clifford, Principal City of Carpinteria CliffordMoss
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8 5775 Carpinteria Avenue 5111 Telegraph Avenue, # 307
Carpinteria, CA 93013-2698 Oakland, CA 94609
P: (805) 684-5405 P: (415) 244-5990
Any party may change their address for the purpose of this paragraph by giving the other party written notice of the new address in the above manner.

12.4 Legal Responsibilities. Consultant shall keep itself informed of state, federal and laws and regulations which in any manner affect those employed by it or in any way affect the performance of its Service pursuant to this Agreement. The Consultant shall reasonably observe and comply with such laws and regulations. The City and its officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

12.5 Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses, certifications, or related credentials required by law for the performance of Services described in this Agreement. Consultant represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation.

12.6 Labor Conditions. City is a public entity in the state of California, and therefore, City and Consultant are subject to the provisions of the Government Code and the Labor Code of the state of California. All provisions of law applicable to public contracts and/or this Agreement are incorporated herein by this reference and are made a part of this Agreement to the same extent as if they were fully stated in the Agreement and shall be complied with by Consultant.

12.7 Labor Requirements. Consultant shall abide by all federal and California laws and regulations regarding wages, including, without limitation, the Fair Labor Standards Act , and require Consultant to pay the general prevailing wage rates. The California statutory provisions for penalties for failure to pay prevailing wages will be enforced and the statutory provisions for penalties for failure to comply wage and hour laws will be enforced. In addition, Consultant is required to comply with the statutory requirements relating to employment of apprentices. Consultant also must law. Consultant
before beginning work as set forth in the attached Exhibit E (together, ) which is incorporated by this reference as though set forth in full.

Additionally, Consultant is required to comply with all statutory requirements relating to certified payroll records, including the maintenance of the records, their certification, and their availability for inspection.

12.8 Discrimination. No person shall be excluded from employment in the performance of this Agreement on the grounds of race, creed, color, sex, age, marital status, sexual orientation 25176991.2
9 or place of national origin. Consultant shall comply with all local, state, and federal laws relating to equal employment opportunity rights.

12.9 Assignment. Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of City, which shall have the sole discretion to consent to any proposed assignment. Because of the personal nature of the Services to be rendered pursuant to this Agreement, only Consultant shall perform the services described in this Agreement.

12.10 Waiver. No waiver of a provision of this Agreement shall constitute a waiver of any other provision, whether or not similar. No waiver shall constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

12.11 Force Majeure. Neither Consultant nor City shall be liable for any delays resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority.

12.12 Construction of Terms. All parts of this Agreement shall in all cases be construed according to their plain meaning and shall not be construed in favor or against either of the parties. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, in whole or in part, the remainder of this Agreement shall remain in full force and effect and shall not be affected, impaired or invalidated thereby. In the event of any provision shall be adjudged invalid, void or unenforceable, the parties hereto agree to enter into a supplemental agreement to effectuate the intent of the parties and the purposes of this Agreement.

12.13 Controlling Law. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement, with venue proper only in the County of Santa Barbara, State of California.

12.14 Authorization. All officers and individuals executing this and other documents on behalf of the respective parties hereby certify and warrant that they have the capacity and have been duly authorized to execute said documents on behalf of the entities indicated.

12.15 Entire Agreement. This Agreement, along with its attached exhibits, which are incorporated herein by this reference, constitutes the entire Agreement between the parties and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. This Agreement may be altered, amended or modified only by a supplemental writing executed by the parties to this Agreement and by no other means.

Each party waives any future right to claim, contest, or assert that this Agreement was modified, canceled, superseded, or changed by any oral agreement, course of conduct, waiver or estoppel.

12.16 Counterparts. This Agreement may be executed in counterparts, each of which shall remain in full force and effect as to each party.
25176991.2
10 12.17 Severability. In the event that any term or provision of this Agreement shall be held to be invalid, void or unenforceable, then the remainder of this Agreement shall not be affected, impaired or invalidated, and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

IN WITNESS WHEREOF, the parties have executed this Agreement at the place and as of the date first written above.
"CITY" "CONSULTANT"
City of Carpinteria CliffordMoss
By:_________________________ By:__________________________ Michael Ramirez, City Manager Amanda Clifford, Principal APPROVED AS TO FORM: ATTEST:

City of Carpinteria City of Carpinteria
By:___________________________ By:___________________________ Jena Shoaf Acos, on behalf of Brian C. Barrett, CMC, CPMC Brownstein Hyatt Farber Schreck, LLP City Clerk
Acting as City Attorney of the City of Carpinteria
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11 EXHIBIT A

BASIC SERVICES TO BE PERFORMED

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12 EXHIBIT B

PAYMENT RATES AND SCHEDULE
(See Exhibit A)
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13 EXHIBIT C

RESOLUTION OF CONSTRUCTION CLAIMS
The following pertains to Public Contract Code Sections 20104 through 20104.6 (Resolution of Construction Claims)

1. This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency.

2. This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article

7.1 (commencing with Section 10240) of Chapter 1 of Part 2.

3. means works as defined in Section 1101 but does not include any work or improvement contracted for by the state or the Regents of the University of California.

4. means a separate demand by the contractor for (a) a time extension, (b) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (c) an amount the payment of which is disputed by the local agency.

5. The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article.

6. This article applies only to contracts entered into on or after January 1, 1991.

7. For any claim subject to this Agreement, the following requirements apply:
a. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. b. (1) For claims of less than fifty thousand dollars ($50,000), the City shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant. 25176991.2
14 (3) The written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.
c. (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the City shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant. (3) The written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. d. If the claimant disputes the written response, or the City fails to respond within the time prescribed, the claimant may so notify the City, in writing, either within 15 days of receipt of the response or within 15 days of the failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. e. Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.
f. This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.

The following procedures are established for all civil actions filed to resolve claims subject to this article:

8. Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both 25176991.2
15 parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.

9. (a) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(b) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds.
(c) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the fees of the other party arising out of the trial de novo.

10. The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.

11. The City shall not fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract.

12. In any suit filed under Section 20104.4, the City shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.

13. Pursuant to California Public Contract Code Section 7201, the City may not retain greater than five (5%) percent of contract price.
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16 EXHIBIT D

INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.

Consultant shall provide the following types and amounts of insurance:
policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence.

Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.

When applicable, Workers Compensation on a state-approved policy form providing statutory benefits as Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall olicy limits. Policy shall
by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence.

Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must s duty to defend. The policy
retroactive date shall be on or before the effective date of this agreement. 25176991.2
17 Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII.

General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:

1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, volunteers and agents, using standard ISO endorsement No. CG 2010-0413. Consultant also agrees to require all contractors and subcontractors to do likewise.

2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.

3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.

4. 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.

5. No liability policy shall contain any provision or definition that would serve to eliminate soany contractor or subcontractor.

6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g., elimination of contractual liability or reduction

7. Proof of compliance with these insurance requirements, consisting of certificates of insurance liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option.

8. Certificate(s) are to reflect that the insurer will provide 30 (thirty) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, certificate.
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18 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City.

10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant 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. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to selfcoverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.

12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change.

If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.

13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.

14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.

15. Consultant will renew the required coverage annually as long as City or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.

16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.

Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.

17. under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 25176991.2
19 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. 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 limiting or all-inclusive.

19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.

20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.

21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements.

There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

22. Agreement.

23. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
25176991.2
20 EXHIBIT E
The Consultant is required to sign and file either a statement acknowledging its obligation to secure payment , or a declaration confirming that as a sole proprietor I, Amanda Clifford
before beginning work.

CliffordMoss

By:__________________________
Amanda Clifford, Principal

Dated:________________________
Take Action
Home / Advocacy / Take Action
Oppose SB 445 (Wiener): Transportation Projects: Permitting SB 445 makes sweeping changes to the state’s process for permitting local projects and significantly impairs local governments’ ability to manage public infrastructure, ensure worker and public safety, and coordinate across infrastructure sectors. Most concerningly, the bill grants project proponents—public or private—the authority to advance projects that could significantly alter or relocate critical infrastructure such as water, wastewater, and power, without consulting the affected city.

Call or text your Assembly Member today to OPPOSE SB 445 (Wiener), which was amended this week to remove local discretion on infrastructure projects. SB 445 is currently in the Assembly Committee on Transportation, awaiting a hearing.

How to contact your Legislator: Find Your California Representatives Supporting documents: Cal Cities Opposition Letter; Sample SB 445 City Opposition Letter
Questions? Contact your Regional Public Affairs Manager or Damon Conklin, Legislative Advocate, [email protected]
Oppose SB 79 (Wiener): The wrong way to go about solving our housing crisis SB 79 (Wiener) requires cities to ministerially approve higher-density residential projects — up to 7 stories — near public transit stops, regardless of zoning codes. SB 79 limits the use of local development standards and allows transit agencies land-use authority over residential and commercial development on property they own or lease, without any requirement that developers build housing, let alone affordable housing. This onesize-fits-all mandate overrides local planning, bypasses environmental review, and silences public input. Cities must oppose SB 79 to preserve balanced, communitydriven development.

Agenda Section: Legislative Update
Agenda Item No.: N/A
Council Meeting Date: July 14, 2025
Call or text your Assembly Member today to OPPOSE SB 79 (Wiener) Transitoriented Development. SB 79 will be heard in the Assembly Housing and Community Development Committee on July 2.

How to contact your Assembly Member: Find Your California Representatives Supporting documents: Cal Cities Opposition Letter
Questions? Contact your Regional Public Affairs Manager or Jason Rhine, Senior Director, Legislative Affairs.

Cal Cities SB 79 Opposition Letter
SB 79 Sample City Opposition Letter
Oppose AB 339 (Ortega) Local public employee organizations: notice requirements.

AB 339 (Ortega) requires the governing body of a public agency, board, or commission to give a recognized employee organization written notice regarding contracts to perform services that are within the scope of work of the job classifications represented by the recognized employee organization. As currently drafted, AB 339 is impractical in its execution, unworkable for ensuring provision of public services, and disincentivizes reaching final agreement in local labor negotiations.

Send a letter today to OPPOSE AB 339 (Ortega) Local public employee organizations: notice requirements. AB 339 is scheduled to be heard in the Senate Labor, Public Employees and Retirement (PERS) Committee on Wednesday, June 18. If your city is represented by a Senator on the Senate PERS Committee, please CALL them to request their NO vote.

Where to send your letter: See sample city letter link for legislative portal submission instructions. Send a copy to [email protected] and your RPAM’s email.

Supporting documents: Cal Cities Opposition Letter
Questions? Contact your Regional Public Affairs Manager or Johnnie Piña.

AB 339 Sample City Opposition Letter
Make phone calls ASAP requesting the appropriations committees to support or oppose Cal Cities’ priority bills!
Links to each bill, including sample letters, are included in the summaries below.

The Legislature moves all bills with fiscal implications through the appropriations committees twice a year, which will determine if a bill is heard on the floor of either house. Cal Cities hosted a Legislative Appropriations Webinar with more information on Cal Cities priority bills. If you have questions or feedback, please contact your regional public affairs manager.

SENATE APPROPRIATIONS COMMITTEE

SUPPORT BILLS
SB 496 (Hurtado) Advance Clean Fleets Reform.

This measure would create a formal appeals process for denied extension requests, broaden the definition of emergency vehicles, and remove the “pay to play” requirement for extensions under the Advanced Clean Fleets rule.

SB 569 (Blakespear) Homeless Encampment Collaboration Act.

This measure would increase communication between the Department of Transportation and local governments to address encampments on state property. This would include a dedicated local government liaison to facilitate communication, provide guidance on best practices, and oversee delegated maintenance agreements.

OPPOSE BILL
SB 79 (Wiener) Transit-Oriented Development.

This measure would require cities to ministerially approve housing up to 7 stories high and with a density of 120 homes per acre near public transit, regardless of local zoning laws. It also gives transit agencies full land-use authority on land they own without any requirement to build housing.

Call the Senate Appropriations Committee Today!
Senate Committee Members Phone Number
Sen. Anna Caballero (Chair) (916) 651-4014
Sen. Kelly Seyarto (Vice-Chair)(916) 651-4032
Sen. Christopher Cabaldon (916) 651-4003
Sen. Megan Dahle (916) 651-4001
Sen. Tim Grayson (916) 651-4009
Senate Committee Members Phone Number
Sen. Laura Richardson (916) 651-4035
Sen. Aisha Wahab (916) 651-4410

ASSEMBLY APPROPRIATIONS COMMITTEE

SUPPORT BILLS
AB 1 (Connolly) Residential property insurance: wildfire risk.

This measure would require the Department of Insurance to include wildfire mitigation in the next draft of the Catastrophe Modeling regulations.

AB 476 (Gonzalez) Metal Theft.

This measure would deter theft of metal used in public utility infrastructure by increasing the criminal fines that may be imposed for the unlawful purchase or unlawful possession of stolen public agency materials.

AB 650 (Papan) Planning and zoning: housing element: regional housing needs allocation.

This measure would allow local governments to begin the housing element update process six months earlier and create more clarity and certainty in the housing element review process. It would require the Department of Housing and Community Development to provide detailed feedback when responding to housing element drafts.

AB 846 (Connolly): Endangered species: incidental take: wildfire preparedness activities.

The bill would expedite environmental permits for cities with local wildfire preparedness projects in fire-risk areas near urban communities.

AB 888 (Calderon) California Safe Homes Grant Program.

This bill would create the California Safe Homes Grant Program which would provide funding to individuals, cities, counties and special districts for roof hardening and home hardening.

OPPOSE BILLS
AB 1383 (McKinnor) Public Employees’ Retirement Benefits.

AB 1383 would upend many of the reforms put in place in 2013 by PEPRA.

Specifically, this measure would:
• Increase the pensionable compensation cap.
• Reduce the retirement age for public safety from 57 to 55 prospectively. • Add a fourth safety tier that is 3% @ 55 years old, prospective and subject to bargaining;
• Allow local agencies to adjust their local formula in a prospective manner. • Permit authorized employee representatives to bargain with the employer over the employee share of payment for the normal cost.

While we recognize and appreciate the intent of the bill to support the recruitment and retention of essential public safety professionals, the bill would impose increased local pension obligations and undo critical pension reform.

AB 1022 (Kalra) Parking: Ability to Tow.

This measure would prohibit the towing or immobilizing of vehicles that have accrued 5 or more delinquent parking citations. Specifically, AB 1022 would:
• Eliminates the option for parking enforcement to immobilize or tow an out-of-state vehicle.
• Remove the tool for agencies to rightfully obtain a warrant to perform a tow. • Reward bad behavior for those who purposely ignore tickets without any repercussions, regardless of income levels.

This legislation would severely limit cities’ ability to enforce parking regulations, causing a cascade of fiscal damage: lost revenue, increased administrative costs, clogged courtrooms, decreased compliance, harm to local businesses, public safety risks, and overall reduced effectiveness of municipal government operations.

Call the Assembly Appropriations Committee Today!
Assembly Committee MembersPhone Number
Asm. Buffy Wicks (Chair) (916) 319-2014
Asm. Kate Sanchez (Vice Chair) (916) 319-2071
Asm. Joaquin Arambula (916) 319-2031
Asm. Blanca Pacheco (916) 319-2064
Asm. Lisa Calderon (916) 319-2056
Asm. Jessica Caloza (916) 319-2052
Asm. Diane Dixon (916) 319-2072
Asm. Sade Elhawary (916) 319-2057
Assembly Committee MembersPhone Number
Asm. Mike Fong (916) 319-2049
Asm. Gail Pellerin (916) 319-2028
Asm. Mark Gonzalez (916) 319-2054
Asm. Gregg Hart (916) 319-2037
Asm. Jose Luis Solache Jr. (916) 319-2062
Asm. Tri Ta (916) 319-2070
Asm. David Tangipa (916) 319-2008
For more information, please contact your regional public affairs manager.

Help provide greater clarity to the housing element process by supporting AB 650 (Papan)!
AB 650 (Papan) would help ensure that cities have the necessary resources, feedback, and time to site and plan for housing, as required by state law. The Assembly Committee on Housing and Community Development will hear the bill on April 24. Cities should call or mail their legislators and tell them to vote YES on AB 650. Please send letters to [email protected] and your regional public affairs manager.

AB 650 Sample City Support Letter