Morgan Hill City Council
June 18, 2025

Special/Regular Meeting Agenda
City Council
Mark Turner - Mayor
Yvonne Martínez Beltrán - Mayor Pro Tem
Miriam Vega - Council Member
Marilyn Librers - Council Member
Soraida Iwanaga - Council Member
Wednesday, June 18, 2025
Special meeting at 5:00 p.m. for a Closed Session at the address below:

City Hall, Grand Conference Room 17575 Peak Avenue, Morgan Hill, CA 95037 Regular meeting at 6:00 p.m. at the address below:

Council Chamber Building, West Conference Room 17555 Peak Avenue, Morgan Hill, CA 95037
Morgan Hill City Council meetings are held in person with the option for the public to attend in-person or participate by teleconference/video conference. Information on how the public may observe and participate in the meeting is below.

MEETING PARTICIPATION
Morgan Hill City Council meetings are held in person. The community may attend in person or via Zoom (video/teleconference). The meetings are also live-streamed on the City’s website, Facebook page, and Channel 17.

As a courtesy, and technology permitting, members of the public may attend online.

However, the City cannot guarantee that the public’s access to online technology will be uninterrupted, and technical difficulties may occur from time to time. Unless required by the Ralph M. Brown Act, the meeting will continue despite technical difficulties for participants using the online option.

Those wishing to participate in the meetings remotely must register in advance at https://bit.ly/CityCouncilZoomRegistration. Additionally, Zoom participants must be running the latest version or will be required to update to the latest version before being able to join the meeting remotely.

June 18, 2025
2 Remote participation is also available by calling (669) 900-9128 and entering webinar id: 873 3200 8380#. Dial *9 to raise your hand, and be called upon to speak for up to 3 minutes. Dial *6 to unmute.

PUBLIC COMMENT
Public comment may be offered verbally at the meeting or in writing before the meeting.

Public comment is limited to three minutes, but the Mayor may adjust time limits for individual or total comments while ensuring all viewpoints are heard, encouraging speakers to avoid repetition, and allowing a designated spokesperson for organized support or opposition to present longer if needed.

Those attending remotely may only offer public comment for items on the agenda in one of four categories:
• Consent Calendar
• Other Business
• Public Hearings
• Closed Session
Public comment will be heard from those attending in person first with the submission of a speaker card. Once that is complete, we will move to those on Zoom that have their hand raised. Following public comment from Zoom, we will close the public comment period for that item.

Remote public comment for items not on the agenda will not be accepted.

Written public comment may be submitted to the City Clerk:
• In person at the City Council Meeting;
• Via email to [email protected]; or
• Hand delivered or mailed to the City Clerk at 17575 Peak Avenue, Morgan Hill, CA 95037
Please email your comments to the City Clerk no later than 3:00 p.m. on Tuesday (the day before the City Council meeting) so that your comments can be submitted to the members of the City Council with sufficient time to review them. You may continue to provide written comments up to noon on Wednesday (the day of the meeting), although Council Members may not have sufficient time to review them before the meeting.

Public comments submitted to the City Clerk after noon (12:00 p.m.) the day of the meeting will be provided to the City Council as time allows.

Written comments WILL NOT be read aloud during the City Council Meeting. Please note that written comments are posted on the City's website. It is recommended that you do not include any personal information that you do not want to be posted on the web. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and

June 18, 2025
3 Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.

AMERICANS WITH DISABILITIES ACT (ADA)
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk's Office at (408)779-7259 or by email at [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.

SPECIAL/REGULAR MEETING
A special meeting of the City Council is called at 5:00 p.m. for the purpose of conducting a closed session.

SPECIAL MEETING
5:00 p.m. Closed Session

CALL TO ORDER

ROLL CALL ATTENDANCE

DECLARATION OF POSTING AGENDA

CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATON
Significant Exposure to Litigation § 54956.9(d)(2)
One case
One potential action involving significant exposure to litigation pursuant to Section 54956.9 (d)(2); facts and circumstances are known under Section 54956.9 (e) (2) - complaint of inappropriate conduct made by Mayor Pro Tem Yvonne Martinez Beltran

OPPORTUNITY FOR PUBLIC COMMENT

ADJOURN TO CLOSED SESSION

REGULAR MEETING

June 18, 2025
4 6:00 p.m.

SILENT INVOCATION

PLEDGE OF ALLEGIANCE

RECOGNITIONS
Malisha Kumar
Sunday Minnich

PROCLAMATIONS
Juneteenth Proclamation

CITY COUNCIL REPORTS
Council Member Martinez Beltran

CITY MANAGER'S REPORT

CITY ATTORNEY'S REPORT

OTHER REPORTS

PUBLIC COMMENT
This opportunity for public comment is for items that are not on the agenda. If you would like to make comments on an item that is on the agenda, please wait until we get to that item to offer your comments. Members of the public are entitled to address the City Council concerning any item within the Morgan Hill City Council’s subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda. Public comment is intended for comments. Questions posed during public comment are not generally answered. If you have questions, please send them to the City Clerk at [email protected] to receive a response. (See additional noticing at the end of this agenda)

ADOPTION OF AGENDA

June 18, 2025
5 CONSENT CALENDAR
Items appearing on the Consent Calendar are considered routine and may be approved by one motion. Pursuant to City Council Policies and Procedures (CP 97-01), any member of the Council or public may request to have an item removed from the Consent Calendar for comment and action.

1. ADOPT RESOLUTION ESTABLISHING THE GANN (PROPOSITION 4) APPROPRIATIONS LIMIT FOR FISCAL YEAR 2025-26
Recommendation:

Adopt Resolution establishing the Gann (Proposition 4) appropriations limit for Fiscal Year 2025-26

2. ADOPT RESOLUTION TO SUPPORT GRANT FUNDING FOR DOWNTOWN

ELECTRIC VEHICLE (EV) CHARGING FROM THE METROPOLITAN

TRANSPORTATION COMMISSION
Recommendation:

Adopt resolution of support for grant funding from the Metropolitan Transportation Commission for Downtown EV Charging in the amount of $1,052,000.

3. APPROVE AMENDMENT TO BURR PLUMBING AND PUMPING, INC. ONCALL MAINTENANCE SERVICE AGREEMENT Recommendation:

Authorize the City Manager to execute a fifth amendment to the maintenance service agreement with Burr Plumbing and Pumping, Inc., extending the term of the agreement to June 30, 2026 and increasing the amount of the agreement to $407,625.

4. APPROVE CONSULTANT AGREEMENTS WITH ACHIEVEMENT
ENGINEERING CORPORATION AND TWINING, INC., IN THE AMOUNT OF $750,000 EACH FOR ON-CALL GENERAL COMPACTION TESTING AND

SPECIAL INSPECTION SERVICES FOR VARIOUS CAPITAL

IMPROVEMENT PROGRAM PROJECTS
Recommendation:

Approve and authorize the City Manager to execute and administer agreements to provide on-call general compaction testing and special inspection services for various Capital Improvement Program Projects with Achievement Engineering Corporation and Twining, Inc. in the amount of $750,000 each for three year terms.

5. APPROVE THE JUNE 4, 2025, SPECIAL/REGULAR CITY COUNCIL

MEETING MINUTES
Recommendation:

Approve the June 4, 2025, Special/Regular City Council Meeting Minutes.

June 18, 2025
6 6. APPROVE THE PURCHASE OF A 150KW TRAILER-MOUNTED PORTABLE DIESEL GENERATOR IN THE AMOUNT OF $169,150 FROM ECB

SOLUTIONS, LLC
Recommendation:

Approve and authorize the City Manager to execute a purchase order to ECB Solutions, LLC in the amount of $169,150 for the purchase of a 150kw trailermounted portable diesel generator for the Utilities Division.

7. AUTHORIZE THE CITY MANAGER TO EXECUTE AND ADMINISTER A

CONSULTANT SERVICES AGREEMENT WITH BUREAU VERITAS FOR THE

COMPLETION OF AN ADA TRANSITION PLAN UPDATE
Recommendation:

Authorize the City Manager to execute and administer a consultant services agreement with Bureau Veritas for the completion of an ADA Transition Plan Update in the amount of $96,687.

8. AUTHORIZE THE CITY MANAGER TO ENTER INTO A SERVICE

AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR SOUTH

COUNTY YOUTH TASK FORCE FUNDING
Recommendation:

Authorize the City Manager to further negotiate, execute, and administer a service agreement with the Santa Clara County District Attorney's Office to receive and administer grant funding in support of the South County Youth Task Force.

9. AUTHORIZE THE CITY MANAGER TO EXECUTE GRANT AGREEMENTS

WITH SILICON VALLEY CLEAN ENERGY
Recommendation:

Authorize the City Manager to further negotiate, execute, and administer a $1 million decarbonation grant and $100,000 education grant from Silicon Valley Clean Energy.

10. AWARD COUNCIL CHAMBER BUILDING ROOF REPLACEMENT PROJECT Recommendation:

1. Award contract to Diablo Roofing, Inc. in the amount of $392,200; and

2. Authorize the expenditure of contingency funds in an amount not to exceed $78,440; and

3. Authorize the City Manager to execute and administer the construction contract with Diablo Roofing, Inc.

11. CONSIDER CITY POSITION ON PENDING STATE LEGISLATION Recommendation:

June 18, 2025
7 1. Consider supporting AB 650 (Papan) Planning and zoning: housing element: regional housing needs allocation;

2. Consider opposing SB 79 (Wiener) Housing development: transit-oriented development: California Environmental Quality Act: public transit agency land; and

3. Direct staff to submit letters in support of AB 650 and in opposition of SB 79 to the appropriate representatives.

OTHER BUSINESS

12. ADOPTION OF A RESOLUTION APPROVING AN EXCEPTION TO THE

CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) 180-DAY WAITING PERIOD TO HIRE DONALD LARKIN AS A RETIRED

ANNUITANT CITY ATTORNEY, APPROVAL OF CONTRACT WITH BURKE

WILLIAMS & SORENSEN, LLP FOR CITY ATTORNEY CONTRACT

SERVICES AND ELECTED OFFICIALS AND COUNCIL APPOINTED

SALARY SCHEDULE
Recommendation:

1. Adopt resolution approving an exception to the 180-day waiting period, set forth by CalPERS, to hire Donald Larkin as a retired annuitant City Attorney;

2. Approve contract with Burke Williams & Sorensen, LLP for Donald Larkin to perform City Attorney contract services; and

3. Approve Elected Officials and Council Appointed salary schedule.

13. APPROVE COMMUNITY FUNDING LEVELS FOR FISCAL YEAR 2025-26

FOR THE REMAINING APPLICATIONS AND RECEIVE COUNCIL

DIRECTION TO REVIEW SERVICE PRIORITIES, EVALUATE POTENTIAL

REVENUE MEASURES, AND CONDUCT COMMUNITY ENGAGEMENT
Recommendation:

1. Approve funding levels for FY2025-26 Community Funding for the remaining Applications;

2. Provide direction on timing for future Community Funding Application Review;

3. Provide direction on any policy updates to the Community Funding Policy as desired by the City Council; and

4. Receive Council direction to review service priorities, evaluate potential revenue measures, and conduct Community Engagement.

June 18, 2025
8 PUBLIC HEARINGS

14. ADOPT RESOLUTION ORDERING ANNUAL ASSESSMENTS AND

RELATED ACTIONS FOR CITY OF MORGAN HILL LANDSCAPE
ASSESSMENT DISTRICT NUMBER 1 (DISTRICT)
Recommendation:

1. Open and close the public hearing; and

2. Adopt resolution confirming Fiscal Year (FY) 2025-26 annual assessments and ordering the levy of assessments for the District.

15. AUTHORIZE A CHANGE ORDER FOR THE ENERGY SERVICES
CONTRACT WITH SYSERCO ENERGY SOLUTIONS, INC. TO THE

CITYWIDE SOLAR SYSTEMS PROJECT FOR THE REPAIR OF THE

CENTENNIAL RECREATION CENTER (CRC) SOLAR SYSTEM IN THE
AMOUNT OF $243,600
Recommendation:

1. Open and close the Public Hearing;

2. Authorize a Change Order for the repair of the CRC at a cost of $243,600;

3. Adopt a resolution appropriating $243,600 from the Building Replacement Fund (741); and

4. Adopt a resolution making findings in compliance with California Government Code Section 4217.12 on Energy Conservation Contracts.

FUTURE COUNCIL INITIATED AGENDA ITEMS
Note: in accordance with Government Code Section 54954.2(a), there shall be no discussion, debate and/or action taken on any request other than providing direction to staff to place the matter of business on a future agenda.

ADJOURNMENT

June 18, 2025
9 NOTICE
Any documents produced by the City and distributed to the majority of the City Council less than 72 hours prior to an open meeting, will be made available for public inspection at the City Clerk’s Counter at City Hall located at 17575 Peak Avenue, Morgan Hill, CA, 95037 and at the Morgan Hill Public Library located at 660 West Main Avenue, Morgan Hill, California, 95037 during normal business hours. (Pursuant to Government Code 54957.5)

PUBLIC COMMENT
Members of the Public are entitled to directly address the City Council concerning any item described in the notice of this meeting during consideration of that item. If you wish to address the Council on any item on this agenda, please complete a speaker request card located in the foyer of the Council Chambers and deliver it to the Minutes Clerk before the City Council discussion on the item. You are not required to give your name on the speaker card to speak to the Council, but it is very helpful. When you are called, proceed to the podium, and the Mayor will recognize you. If you wish to address the City Council on any other item of interest to the public, you may do so during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less.

Please submit written correspondence to the Minutes Clerk, who will distribute correspondence to the City Council.

Persons interested in proposing an item for the City Council agenda should contact a member of the City Council who may request an item on the agenda for a future City Council meeting. Council discussion or action may not be taken until your item appears on an agenda. This procedure is in compliance with the California Public Meeting Law (Brown Act) Government Code §54950.

City Council Policies and Procedures (CP 03-01) outlines the procedure for the conduct of public hearings.

Notice is given, pursuant to Government Code Section 65009, that any challenge of Public Hearing Agenda items in court, may be limited to raising only those issues raised by you or on your behalf at the Public Hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the Public Hearing on these matters.

The time within which judicial review must be sought of the action by the City Council, which acted upon any matter appearing on this agenda is governed by the provisions of Section 1094.6 of the California Code of Civil Procedure.

For a copy of City Council Policies and Procedures CP 97-01, please contact the City Clerk’s office (408) 779-7259, (408) 779-3117 (fax) or by email [email protected].

June 18, 2025
10

1 CITY COUNCIL STAFF REPORT
MEETING DATE: June 18, 2025
PREPARED BY:

Monica Delgado, Budget Manager
APPROVED BY: City Manager
ADOPT RESOLUTION ESTABLISHING THE GANN (PROPOSITION 4)
APPROPRIATIONS LIMIT FOR FISCAL YEAR 2025-26

RECOMMENDATION(S)
Adopt Resolution establishing the Gann (Proposition 4) appropriations limit for Fiscal Year 2025-26

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Protecting the Environment and Preserving Open Space and Agricultural Land Maintaining and Enhancing Infrastructure
Supporting our Youth, Seniors, and Entire Community
Fostering a Positive Organizational Culture
Preserving and Cultivating Public Trust
Preserving our Community History
Enhancing Diversity and Inclusiveness
Advocating for Local, Regional, and State Legislative Initiatives 2024-2025 Strategic Priorities
Fiscal Sustainability
Affordable Housing and Homelessness
Community Engagement
Economic Development and Tourism
Healthy Community
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
Climate Action Plan
Communications, Outreach, and Engagement Plan
Economic Blueprint
Fire Services Standards of Coverage
GIS Strategic Plan
Morgan Hill 2035 General Plan
Public Safety Master Plan
Storm Drain Master Plan

1 Vision Zero
Water System Master Plan
Wastewater System Master Plan
REPORT NARRATIVE:

The Gann appropriations limitation imposed by Proposition 4 (1979) and later amended by Proposition 111 (1990) creates a restriction on the amount of government revenue which may be appropriated in any fiscal year. Not all revenues are restricted by the Gann Limit, only those that are defined as “proceeds of taxes.” Additional appropriations to the budget funded by non-tax sources, such as charges for services, restricted revenues or grants, are not affected by the Appropriations Limit. Each year the City Council must adopt, by resolution, an appropriations limit.

California Revenue and Taxation Code section 2227 requires the Department of Finance to provide an estimate of the percentage change in population to local governments. Each local jurisdiction must use their population factor for January of the current year based on the greater of the annual population change for the City or the County, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for the fiscal year.

The State of California Department of Finance annually provides the California per capita personal income change percentage for purposes of calculating the Gann Limit.

For fiscal year 2025-26, California's per capita personal income increased by 6.44%.

The County’s population increase is 0.04% versus the City's population increase of

0.06%. Therefore, the calculation for the fiscal year 2025-26 Gann Limit is based on the percentage change in California's per capita personal income and the City's population increase. The attachment details the calculation of the Gann Limit for fiscal year 2025-

26. COMMUNITY ENGAGEMENT:

Inform
California Government Code Section 7910 requires that documentation used in the determination of the appropriations limit and other necessary determinations be made available to the public at least 15 days prior to the meeting. Public notice of the Council meeting to adopt the Gann Limit was properly published in the Mercury News on May 31, 2025, and the required documentation was also made available on that date.

ALTERNATIVE ACTIONS:

Not Applicable
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On June 4, 2025, the Council adopted Midcycle Budget Amendments.

On June 19, 2024, the Council adopted FY 2024-25 and 2025-26 Budgets.

1 FISCAL AND RESOURCE IMPACT:

There is no fiscal impact associated with adopting the City's Gann Limit.

CEQA (California Environmental Quality Act):

Not a Project
Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORGAN HILL ADOPTING THE FISCAL YEAR 2025-2026

APPROPRIATIONS LIMIT
WHEREAS, the City of Morgan Hill Fiscal Year 2024-25 and 2025-26 Operating Budget was adopted on June 19, 2024;
WHEREAS, in accordance with the Government Code sections 7901 and 7910, the City of Morgan Hill's 2025-26 fiscal year General Fund appropriations limit is $168,963,007 as shown on Schedule A;
WHEREAS, in accordance with the Government Code sections 7901 and 7910, the appropriations for the 2025-26 fiscal year, as shown on Schedule B, which are subject to the appropriations limit as set forth in Article XIIIB of the California Constitution, do not exceed the limit as stated above;
WHEREAS, the annual adjustment factors that were selected to calculate the 2025-26 fiscal year limit were: 1) California Per Capita Personal Income adjustment factor of 1.0644; and 2) City Population Growth factor of 1.0006;
BE IT FURTHER RESOLVED that the City Council of the City of Morgan Hill does hereby approve and adopt the City of Morgan Hill Appropriations Limit and Appropriations Limit Adjustment Factors for Fiscal Year 2025-26.

PASSED AND ADOPTED by the City Council of Morgan Hill at a Regular Meeting held on the 18th Day of June, 2025 by the following vote.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED:
_____________________________ ______________________________

MICHELLE BIGELOW, CITY CLERK MARK TURNER, MAYOR

City of Morgan Hill
Resolution No.

• CERTIFICATION •

I, MICHELLE BIGELOW, CITY CLERK OF THE CITY OF MORGAN HILL, CALIFORNIA, do hereby certify that the foregoing is a true and correct copy of Resolution No. ____ adopted by the City Council at a Regular Meeting held on June 18, 2025.

WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL DATE:

MICHELLE BIGELOW, City Clerk

City of Morgan Hill
Resolution No.

SCHEDULE A

APPROPRIATIONS SUBJECT TO LIMIT
Fiscal Year 2025-26 General Fund Revenues $57,630,517
Less Non Proceeds of Tax 18,993,031
Total appropriations subject to limits $38,637,486

APPROPRIATIONS LIMIT
Fiscal year 2024-25 appropriations limit $158,644,955
Plus Change Factor:

A. Cost of living adjustment - CPI 1.0644
B. Population Adjustment 1.0006
TotalChange Factor 1.0650
Increase in appropriations limit $10,318,052
FISCAL YEAR 2025-26 APPROPRIATIONS LIMIT $168,963,007
Remaining appropriations capacity $130,325,521
Available capacity as a percent of appropriations limit 77% NOTES
A. Cost of living adjustment is based on percentage change in California per capita income.

B. Population adjustment is based on the greater of annual population change for the City of Morgan Hill or Santa Clara County.

SPENDING LIMIT CALCULATION
FISCAL YEAR 2025-26

CITYOF MORGAN HILL

City of Morgan Hill
Resolution No.

SCHEDULE B

CITYOF MORGAN HILL

SPENDING LIMIT CALCULATION
FISCAL YEAR 2025-26

PROCEEDS NON PROCEEDS

REVENUE SOURCE OF TAX OF TAX TOTALS
Property Tax $ 21,409,541 $ 21,409,541
Sales Tax 11,511,087 11,511,087
Transient Occupancy Tax 2,658,340 2,658,340
Public Safety Sales Tax 478,182 478,182
Property Transfer Tax 642,000 642,000
Business License / Other Permits 282,750 282,750
Motor Vehicle in Lieu 63,654 63,654
Transfer from Fund 202 Street Fund Gax Tax 851,932 851,932 Use of Money and Property 740,000 1,755,567 2,495,567
Fines and Penalties 84,800 84,800
Other Revenue / Other Agencies 1,101,740 1,101,740
Police and Fire Fees 616,795 616,795
Franchise Revenue 3,354,166 3,354,166
Current Service Charges General Govt. 9,520,755 9,520,755 Transfers 2,559,208 2,559,208
Total $ 38,637,486 $ 18,993,031 $ 57,630,517
Percentage of Total 67% 33% 100.00%

2 CITY COUNCIL STAFF REPORT
MEETING DATE: June 18, 2025
PREPARED BY:

Chris Ghione, Public Services Director
APPROVED BY: City Manager

ADOPT RESOLUTION TO SUPPORT GRANT FUNDING FOR

DOWNTOWN ELECTRIC VEHICLE (EV) CHARGING FROM THE

METROPOLITAN TRANSPORTATION COMMISSION

RECOMMENDATION(S)
Adopt resolution of support for grant funding from the Metropolitan Transportation Commission for Downtown EV Charging in the amount of $1,052,000.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Protecting the Environment and Preserving Open Space and Agricultural Land Maintaining and Enhancing Infrastructure
2024-2025 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Transportation Master Plan
REPORT NARRATIVE:

The Metropolitan Transportation Commission (MTC) is the transportation planning, financing, and coordinating agency for the nine-county San Francisco Bay Area. MTC's regional One Bay Area Grant Program (OBAG 3) includes funding for several initiatives to support local implementation of key Plan Bay Area 2050 (PBA 2050) strategies. In late 2024, the MTC released a call for grant-funded projects for the purchase and installation of charging infrastructure for electric vehicles, bikes and scooters. City staff applied for this grant funding, and through this process has been awarded a Capital Program Implementation Grant of $1,052,000 for charging infrastructure within the downtown area. To receive these funds and move forward with the design of the project, the City Council must adopt a resolution of support (Attachment 1).

The grant funding will support the construction of 31 charging ports in three parking areas. The charging ports will be comprised of fifteen (15) direct current fast chargers, ten (10) Level 2 charge ports, and six (6) charging bike racks. The locations for charging will be at the Community and Cultural Center, the Depot Street Parking lot at Third Street, and the City Parking lot between Second and First streets west of Monterey

2 Road. A conceptual diagram for the charging infrastructure is included in Attachment 2.

The total cost of the project is estimated at $1,188,000. The grant funding requires matching funding at 11.47%. During the grant application period, Silicon Valley Clean Energy offered its services in supporting design work and also offered to cover matching funds needed by member agencies. Silicon Valley Clean Energy has provided a letter of commitment (Attachment 3) to fund approximately $136,000, which will allow the City to not have any direct costs associated with the implementation of the grant.

COMMUNITY ENGAGEMENT:

Inform
The City has not engaged the community on this grant specifically. However, the City worked through extended engagement during the development of the City's Climate Action Plan (CAP).

ALTERNATIVE ACTIONS:

The City Council could choose not to accept this grant funding.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The City's CAP was adopted in December 2021. The CAP established goals which this grant opportunity will help to fulfill.

FISCAL AND RESOURCE IMPACT:

There is no fiscal impact on the City in accepting this grant due to Silicon Valley Clean Energy's commitment to fund the required matching funds for the grant. The grant and project will be managed by the City's Public Services Department and will require significant work, but can be achieved with existing resources and is recommended based on the significant value of the grant. City staff will bring forward a budget amendment in the future after bidding for the project.

CEQA (California Environmental Quality Act):

Categorical Exemption
Installation of the Electric Vehicle Chargers falls under the Class 3 Exemption: New Construction or Conversion of Small Structures (California Code of Regulations, Title 14, Section 15303).

RESOLUTION NO. 25-XXX

AUTHORIZING THE FILING OF AN APPLICATION FOR

FUNDING ASSIGNED TO MTC AND COMMITTING ANY

NECESSARY MATCHING FUNDS AND STATING

ASSURANCE TO COMPLETE THE PROJECT
WHEREAS, the City of Morgan Hill (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $1,052,000 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Carbon Reduction Program (CRP) funding, Transportation Alternatives (TA) setaside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the City of Morgan Hill Transit Hub Charging Stations (herein referred to as PROJECT) for the Capital Investment Charging Infrastructure Program (herein referred to as PROGRAM); and
WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149), the Carbon Reduction Program (CRP) (23 U.S.C. § 175), and the Transportation Alternatives (TA) set-aside (23 U.S.C. § 133); and WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and
WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and
WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following:
the commitment of any required matching funds; and

City of Morgan Hill
Resolution No. 25-XXX

• that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and
• that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and
• the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and
• that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and • that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and
• that APPLICANT has assigned, and will maintain a single point of contact for all FHWAand CTC-funded transportation projects to coordinate within the agency and with the respective County Transportation Agency (CTA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and
• in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC’s Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region; and • in the case of a highway project, the PROJECT will comply with MTC Resolution No. 4104, which sets forth MTC’s Traffic Operations System (TOS) Policy to install and activate TOS elements on new major freeway projects; and • in the case of an RTIP project, state law requires PROJECT be included in a local congestion management plan, or be consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the County Transportation Agency (CTA); and
WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and
WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and WHEREAS, APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application.

NOW, THEREFORE, BE IT RESOLVED that the APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY

City of Morgan Hill
Resolution No. 25-XXX

FUNDING under the FEDERAL TRANSPORTATION ACT or continued funding; and be it further
RESOLVED that APPLICANT will provide any required matching funds; and be it further
RESOLVED that APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and be it further
RESOLVED that APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTCfunded transportation projects to coordinate within the agency and with the respective County Transportation Agency (CTA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and be it further RESOLVED that PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP; and be it further RESOLVED that APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and be it further
RESOLVED that PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM; and be it further RESOLVED that, in the case of a transit project, APPLICANT agrees to comply with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised; and be it further
RESOLVED that, in the case of a highway project, APPLICANT agrees to comply with the requirements of MTC’s Traffic Operations System (TOS) Policy as set forth in MTC Resolution No. 4104; and be it further
RESOLVED that, in the case of an RTIP project, PROJECT is included in a local congestion management plan, or is consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the County Transportation Agency (CTA); and be it further
RESOLVED that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and be it further

City of Morgan Hill
Resolution No. 25-XXX

RESOLVED that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and be it further RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and be it further
RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and be it further
RESOLVED that APPLICANT authorizes its Executive Director, General Manager, City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and be it further RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and be it further
RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC's federal TIP upon submittal by the project sponsor for TIP programming.

PASSED AND ADOPTED by the City Council of Morgan Hill on this 18th day of June 2025 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: ATTEST:
________________________ ______________________________ MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk

City of Morgan Hill
Resolution No. 25-XXX

 CERTIFICATION 
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 25-XXX, adopted by the City Council at its meeting held on June 18, 2025.

WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.

DATE: _____________________ _______________________________ Michelle Bigelow, City Clerk

2 Morgan Hill EV Charging Approximate Site Locations for MTC Climate Grant Site 1 Charger Location: Morgan Hill Community and Cultural Center Address: 17000 Monterey Road, Morgan Hill

3 Site 2 Charger Location: Morgan Hill Depot Street Parking Lot Address: 17300 Depot Street, Morgan Hill
Bike Scooter Charging Racks

4 Site 3 Charger Location: Morgan Hill Parking Lot
Address: 20-30 West 1st Street, Morgan Hill
Bike Scooter Charging Racks

333 W El Camino Real, Ste. 330 | Sunnyvale, CA 94087 | svcleanenergy.org | 1-844-474-SVCE Tina Walia, Chair
City of Saratoga
George Tyson, Vice Chair
Town of Los Altos Hills
Elliot Scozzola
City of Campbell
Sheila Mohan
City of Cupertino
Zach Hilton
City of Gilroy
Sally Meadows
City of Los Altos
Rob Rennie
Town of Los Gatos
Evelyn Chua
City of Milpitas
Bryan Mekechuk
City of Monte Sereno
Yvonne Martinez Beltran
City of Morgan Hill
Pat Showalter
City of Mountain View
Larry Klein
City of Sunnyvale
Otto Lee
County of Santa Clara
December 13, 2024
James Choe
Metropolitan Transportation Commission (MTC)
375 Beale Street, Suite 800
San Francisco, CA 94105-2066
Subject: Letter of Commitment for Matching Funds – 2024 Climate Program Implementation Grant- Charging Infrastructure
City of Morgan Hill Transit Hub Charging Stations Project Dear James Choe,
The Silicon Valley Clean Energy Board of Directors wishes to express its support and commitment to providing the required 11.47% project cost match for the proposed grant project, "City of Morgan Hill Transit Hub Charging Stations," should the application be successful.

We understand that the matching funds must be used specifically for allowable uses as stipulated in the grant agreement and will be accounted for separately within our project budget. We are confident that securing this grant, alongside our matching commitment, will significantly enhance the impact of the City of Morgan Hill’s proposed charging infrastructure project and support the desired goals and outcomes of the grant program.

Please do not hesitate to contact us if you require any additional information regarding our commitment to this project.

Sincerely,
Monica Padilla
Chief Executive Officer
Silicon Valley Clean Energy
O: 408.549-2678 x1009
[email protected]
Docusign Envelope ID: 55A6E4E9-B57F-48EE-B5D0-170B70CD7839

3 CITY COUNCIL STAFF REPORT
MEETING DATE: June 18, 2025
PREPARED BY:

Cynthia Iwanaga, Management Analyst
APPROVED BY: City Manager
APPROVE AMENDMENT TO BURR PLUMBING AND PUMPING, INC.

ON-CALL MAINTENANCE SERVICE AGREEMENT

RECOMMENDATION(S)
Authorize the City Manager to execute a fifth amendment to the maintenance service agreement with Burr Plumbing and Pumping, Inc., extending the term of the agreement to June 30, 2026 and increasing the amount of the agreement to $407,625.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Maintaining and Enhancing Infrastructure
REPORT NARRATIVE:

The City contracts with multiple plumbing contractors to provide plumbing services on an as-needed basis for City facilities. In June 2019, the City Council approved an on-call maintenance service agreement with Burr Plumbing and Pumping, Inc. to provide plumbing and pumping services. In June 2021, April 2022, and April 2023, the agreement was extended for one year and the amount of the agreement for each of the extended terms increased 5% or less annually per City Manager authority. In February 2024, the City Council approved the fourth amendment, increasing the amount of the agreement by $100,000 to $307,625 and extending the term through June 30, 2025. For FY 25-26, Burr Plumbing and Pumping, Inc. has agreed not to raise the hourly rates. To date, $254,161 of the $307,625 has been expended, leaving a balance of $53,464 available. City staff is recommending approval of this fifth amendment to extend the current agreement to June 30, 2026 and increase the amount of the agreement by $100,000 for a total amount of $407,625.

Staff recommends approval of this amendment for two reasons: First, there will be no increase to Burr Plumbing and Pumping, Inc.'s hourly rates. Second, competitive bids upon notice would not likely result in lower pricing to the City from a responsible bidder, and would likely cause unnecessary expense or delay under the circumstances.

COMMUNITY ENGAGEMENT:

Not Applicable
Since plumbing services are a regular and expected City maintenance service, no

3 specific engagement activities were conducted to inform the community about this proposed amendment.

ALTERNATIVE ACTIONS:

The City Council could direct staff to issue a Request for Proposals for these services.

City staff does not recommend this option as it may result in increased costs without increased service performance. City staff plans to issue a Request for Proposals for oncall plumbing services in spring 2026.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On June 26, 2019, the City Council approved and awarded on-call plumbing maintenance service agreements. On February 21, 2024, City Council approved the execution of the fourth amendment extending the term to June 30, 2025 and increasing the maximum compensation to $307,625.

FISCAL AND RESOURCE IMPACT:

The agreement is funded via various maintenance budgets for the individual City facilities where the repair and maintenance work occurs (Fund 010 - General Fund and Fund 740 - Building Maintenance).

CEQA (California Environmental Quality Act):

Categorical Exemption
The activities described in this staff report are categorically exempt under CEQA, specifically pursuant to Section 15301 (c) CEQA Guidelines (Existing Facilities), as the subject work involves the repair, maintenance or minor alteration of existing City facilities involving negligible or no expansion of use of those facilities.

1 FIFTH AMENDMENT TO AGREEMENT
BURR PLUMBING AND PUMPING, INC.

This FIFTH AMENDMENT TO AGREEMENT is entered into and becomes effective on ______________________ (Effective Date), by THE CITY OF MORGAN HILL, a municipal corporation, ("CITY") and BURR PLUMBING AND PUMPING, INC., a California Corporation ("SERVICE PROVIDER") or (“CONTRACTOR”), hereinafter referred to collectively as the “Parties".

RECITALS
The following recitals are a substantive part of this Agreement:

1. This Fifth Amendment to Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on ___________, ____, 20___.

2. The CITY and SERVICE PROVIDER entered into that “Maintenance Service Agreement” made as of July 5, 2019, for services for a maximum compensation of One Hundred Thousand Dollars ($100,000.00) (“MAINTENANCE SERVICE AGREEMENT”).

3. The CITY and SERVICE PROVIDER entered into a “First Amendment to Agreement” made as of June 28, 2021, under which the maximum compensation under the MAINTENANCE SERVICE AGREEMENT, as amended, was increased to One Hundred Fifty Thousand Dollars ($150,000.00) and the term extended until June 30, 2022.

4. The CITY and SERVICE PROVIDER entered into a “Second Amendment to Agreement” made as of April 10, 2022, under which the maximum compensation under the MAINTENANCE SERVICE AGREEMENT, as amended, was increased to Two Hundred Two Thousand Five Hundred Dollars ($202,500.00) and the term extended until June 30, 2023.

5. The CITY and SERVICE PROVIDER entered into a “Third Amendment to Agreement” made as of April 25, 2023, under which the maximum compensation under the MAINTENANCE SERVICE AGREEMENT, as amended, was increased to Two Hundred Fifty-Seven Thousand Six Hundred TwentyFive Dollars ($257,625.00) and the term extended until June 30, 2024.

6. The CITY and SERVICE PROVIDER entered into a “Fourth Amendment to Agreement” made as of March 29, 2024, under which the maximum compensation under the MAINTENANCE SERVICE AGREEMENT, as amended, was increased to Three Hundred Seven Thousand Six Hundred Twenty-Five Dollars ($307,625.00) and the term extended until June 30, 2025. The MAINTENANCE SERVICE AGREEMENT, and the First, Second, Third and Fourth Amendments thereto are attached as Exhibit “1” to this Agreement.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Amendments: All terms and conditions of the MAINTENANCE SERVICE AGREEMENT, as amended, as attached as Exhibit "1,” shall remain in full force and effect; except that the following amendments shall be made as set forth below:

A. Paragraph 2 shall be amended and replaced in its entirety by the following:
"2. Term of Agreement. This Agreement shall be effective and cover services rendered from July 1, 2019, until June 30, 2026."

2 B. Paragraph 4.1 shall be amended to reflect the increased total compensation that shall not exceed FOUR HUNDRED SEVEN THOUSAND SIX HUNDRED TWENTY-FIVE DOLLARS ($407,625.00).

C. Paragraph 6 shall be amended and replaced in its entirety by the following:
“6. Performance of Work. SERVICE PROVIDER represents that it is qualified by virtue of experience, training, education, and expertise to accomplish these services. Services shall be performed by SERVICE PROVIDER in accordance with professional practices in a manner consistent with a level of care, competence and skill exercised by qualified members of SERVICE PROVIDER’S profession. By delivery of completed work, SERVICE PROVIDER certifies that the work conforms to the requirements of this Agreement and all applicable federal, state, and local laws. SERVICE PROVIDER is liable for any property damage caused by SERVICE PROVIDER or its Subcontractors during performance of the services and shall notify the CITY of damage within 24 hours of the occurrence. SERVICE PROVIDER must promptly repair or replace any real or personal property damage and must promptly restore the property to its original or intended condition. CITY may repair or replace the real or personal property damage if SERVICE PROVIDER fails to do so, and the cost of the repairs or replacement may be deducted or offset from any compensation due to SERVICE PROVIDER.

6.1. Schedule. SERVICE PROVIDER shall perform all work and services under this Agreement in conformance with the time schedule set forth on Exhibit C, "Schedule of Performance," attached hereto and incorporated herein by this reference. The City Manager is authorized on behalf of CITY to modify the timeframes set forth on the Schedule of Performance within the term of this Agreement.

6.2. Storage of Service Provider’s Equipment. If SERVICE PROVIDER desires to leave or store any of SERVICE PROVIDER'S equipment at a CITY site while SERVICE PROVIDER is performing work or service pursuant to this Agreement, SERVICE PROVIDER will first obtain the consent of the City Manager, or his/her delegate, to do so, and any such storage shall occur only in the manner and location allowed by such CITY official and entirely at SERVICE PROVIDER'S sole risk.”
D. Paragraph 8.2.1.1 shall be amended and replaced in its entirety by the following:
“ 8.2.1.1. “Additionally Insured” – The City of Morgan Hill, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers are named as additional insured on a form at least as broad as ISO Form CG 20 10 for ongoing operations.

8.2.1.2. “Waiver of Rights of Subrogation” – The insurer waives the right of subrogation against the City of Morgan Hill and CITY’S elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers; and

8.2.1.3. “Primary and Non-Contributing” - Insurance shall be endorsed to be primary and non-contributory and will seek contribution from the CITY’S insurance or self-insurance and shall be at least as broad as ISO Form CG Form CG 20 01.” E. Paragraph 10.2 shall be amended and replaced in its entirety by the following:

3 “10.2. Without limiting the provisions of Section 10.1 above, each worker performing work under this Agreement shall be paid at a rate not less than the prevailing wage as defined in Sections 1771 and 1774 of the Labor Code. The prevailing wage rates are available online at http://www.dir.ca.gov/dlsr. SERVICE PROVIDER shall post a copy of the applicable prevailing rates at the Worksite.

10.2.1. Pursuant to Labor Code Section 1775, SERVICE PROVIDER and any subcontractor shall forfeit to CITY as a penalty up to two hundred dollars ($200.00) for each calendar day, or portion thereof, for each worker paid less than the applicable prevailing wage rate. SERVICE PROVIDER shall also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker.

10.2.2. SERVICE PROVIDER must comply with the provisions of Labor Code Sections 1776 and 1812 and all implementing regulations, which are fully incorporated by this reference, including requirements for electronic submission of payroll records.

10.2.3. As applicable, if the Agreement Amount exceeds Thirty Thousand Dollars ($30,000.00), SERVICE PROVIDER is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code Section 1777.5, which is fully incorporated by reference.

10.2.4. SERVICE PROVIDER must comply with the provisions of Labor Code Section 1815 with respect to payment of overtime.

10.2.5. Under Labor Code Section 1813, SERVICE PROVIDER will forfeit to CITY as a penalty, the sum of Twenty-Five Dollars ($25.00) for each day during which a worker employed by SERVICE PROVIDER or any subcontractor is required or permitted to work more than eight (8) hours in any one (1) calendar day or more than forty (40) hours per calendar week, except if such workers are paid overtime under Labor Code Section 1815.”
E. Paragraph 13 shall be amended and replaced in its entirety by the following:
“13. Conflict of Interest and Reporting. SERVICE PROVIDER shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement including, without limitation, complying with California Government Code section 1090 et seq., the California Political Reform Act (California Government Code section 87100 et seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et seq.). SERVICE PROVIDER will further comply and will ensure that its agents and its subcontractors comply, with California Government Code section 84308 (“Levine Act”) and the applicable regulations of the Fair Political Practices Commission concerning campaign disclosure (2 California Code of Regulations sections 18438.1 – 18438.8).”

2. Notice of Security and/or Privacy Incident. If SERVICE PROVIDER, or its subconsultant, suspect, discover or are notified of a data security incident or potential breach of security and/or privacy relating to CITY PII, PHI and/or PCI, SERVICE PROVIDER shall immediately, but in no event later than fortyeight (48) hours from suspicion, discovery, or notification of the incident or potential breach, notify CITY

4 of such incident or potential breach. SERVICE PROVIDER shall, upon CITY’s request, investigate such incident or potential breach, inform the CITY of the results of any such investigation, and assist the CITY in maintaining the confidentiality of such information. In addition to the foregoing, SERVICE PROVIDER shall provide CITY with any assistance necessary to comply with any state and/or federal laws requiring the provision of notice of any privacy incident or security breach with respect to any CITY PII, PHI and/or PCI to the affected or impacted individuals and/or organizations, in addition to any notification to applicable state and federal agencies. SERVICE PROVIDER agrees that it shall reimburse CITY for all expenses, costs, attorneys’ fees, and resulting fines, penalties, and damages associated with such incident, breach, investigation and/or notification.

3. Counterpart Signatures. This Agreement may be signed in multiple counterparts, which shall, when executed by all the Parties, constitute a single binding agreement. ///
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[Signatures on the Next Page]

Eric Burr, President
Kevin Burr , Sec./Treasurer

DocuSign Envelope ID: 1A45C690-2949-47B5-9A64-1CE2EC6E1077

FOURTH AMENDMENT TO AGREEMENT
BURR PLUMBING AND PUMPING, INC.
312��%fPURTH AMENDMENT TO AGREEMENT is entered into and becomes effective on __________ (Effective Date), by THE CITY OF MORGAN HILL, a municipal corporation, ("CITY") and BURR PLUMBING AND PUMPING, INC., a California Corporation ("SERVICE PROVIDER"), hereinafter referred to collectively as the "Parties".

RECITALS
The following recitals are a substantive part of this Agreement:

1. This Fourth Amendment to Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on February 21 20 2 _____
, __ 4 . , -

2. The CITY and SERVICE PROVIDER entered into that "Maintenance Service Agreement" made as of July 5, 2019, for services for a maximum compensation of One Hundred Thousand Dollars ($100,000.00) ("MAINTENANCE SERVICE AGREEMENT").

3. The CITY and SERVICE PROVIDER entered into a "First Amendment to Agreement" made as of June 28, 2021, under which the maximum compensation under the MAINTENANCE SERVICE AGREEMENT, as amended, was increased to One Hundred Fifty Thousand Dollars ($150,000.00) and the term extended until June 30, 2022.

4. The CITY and SERVICE PROVIDER entered into a "Second Amendment to Agreement" made as of April 10, 2022, under which the maximum compensation under the MAINTENANCE SERVICE AGREEMENT, as amended, was increased to Two Hundred Two Thousand Five Hundred Dollars ($202,500.00) and the term extended until June 30, 2023.

5. The CITY and SERVICE PROVIDER entered into a "Third Amendment to Agreement" made as of April 25, 2023, under which the maximum compensation under the MAINTENANCE SERVICE AGREEMENT, as amended, was increased to Two Hundred Fifty-Seven Thousand Six Hundred TwentyFive Dollars ($257,625.00) and the term extended until June 30, 2024.The MAINTENANCE SERVICE AGREEMENT, and the First, Second and Third Amendments thereto are attached as Exhibit "1" to this Agreement.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Amendments: All terms and conditions of the MAINTENANCE SERVICE AGREEMENT, as amended, as attached as Exhibit "1," shall remain in full force and effect; except that the following amendments shall be made as set forth below:

A. Paragraph 2 shall be amended and replaced in its entirety by the following:
"2. Term of Agreement. This Agreement shall be effective and cover services rendered from July 1, 2019, until June 30, 2025."
B. Paragraph 4.1 shall be amended and replaced in its entirety by the following:
"4.1. Amount. Compensation under this Agreement shall not exceed THREE HUNDRED SEVEN THOUSAND SIX HUNDRED TWENTY-FIVE DOLLARS ($307,625.00) and shall be 1 EXHIBIT 1

DocuSign Envelope ID: 1A45C690-2949-4785-9A64-1CE2EC6E1077 billed based on the rate and basis set forth in Exhibit B.

2. Conflicts. In the event of a conflict between the terms and provisions of this Fourth Amendment to Agreement and the terms and provisions of the MAINTENANCE SERVICE AGREEMENT or any earlier amendment, the terms of this Fourth Amendment to Agreement shall govern and control.

TWO SIGNATURES ARE REQUIRED FOR CORPORATIONS:
(1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER.

ATTEST:
� �
DocuSigned by:
16bBigelow, City Clerk
Date: 3/29/2024
APPROVED AS TO FORM:

DocuSigned by:

D{)IAAll t#'iilA,
orna�d"�sFMn, City Attorney
Date: 3/26/2024
2 CITY OF MORGAN HILL
DocuSigned by:

CM SDIAA tW'lA,t,V
11istimP!lf<tDrner.,, City Manager
Date: 3/29/20.::4
BUR� PUMPING, INC.

By:
�__.:.---
Title:

Date:

By:

Title·
Date:

Print Name and Title of igner.

If Corporate: Chairman, President or
Vice President
int Name and Title Signer
If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer or
Assi�r

DocuSign Envelope ID: 1A45C690-2949-47B5-9A64-1CE2EC6E1077 OocuSign Envelope ID: C1861CB5-580O-4CC2-A9E2-C122C6739336 EXHIBIT 1

THIRD AMENDMENT TO AGREEMENT
BURR PLUMBING ANO PUMPING , INC.

This THIRD AMENDMENT TO AGREEMENT Is entered into and becomes effective on 4/25/2023 (Effective Date), by THE CITY OF MORGAN HILL, a municipal corporation, ("CITY") and BURR PLUMBING ANO PUMPING, INC., a California Corporation ("SERVICE PROVIDER"), hereinafter referred to collectively as the •Parties".

RECITALS
The following recitals are a substantive part of this Agreement:

1. This Third Amendment to Agreement Is entered into pursuant to the action of the Morgan Hill City Council taken on June 26, 2019.

2. The CITY and SERVICE PROVIDER entered Into that •Maintenance Service Agreemenr made as of July 5, 2019, for services for a maximum compensation of One Hundred Thousand Dollars ($100,000.00) c·MAINTENANCE SERVICE AGREEMENr).

3. The CITY and SERVICE PROVIDER entered into a •First Amendment to Agreemenr made as of June 28, 2021, under which the maximum compensation under the MAINTENANCE SERVICE AGREEMENT, as amended, was Increased to One Hundred Fifty Thousand Dollars ($150,000.00} and the term extended until June 30, 2022.

4. The CITY and SERVICE PROVIDER entered into a •second Amendment to Agreemenr made as of April 10, 2022, under which the maximum compensation under the MAINTENANCE SERVICE AGREEMENT, as amended, was increased to Two Hundred Two Thousand five hundred Dollars ($202,500.00) and the term extended until June 30, 2023. The MAINTENANCE SERVICE AGREEMENT, and the First, and Second Amendments thereto are attached as Exhibit • r to this Agreement.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Amendments: All terms and conditions of the MAINTENANCE SERVICE AGREEMENT, as amended, as attached as Exhibit "1.■ shall remain In full force and effect; except that the following amendment& shall be made as set forth below:

Ill
A. Paragraph 2 shall be amended and replaced in Its entirety by the following:
"2. Tenn of Agreement. This Agreement shall be effective and cover services rendered from July 1, 2019, until June 30, 2024. "
B. Paragraph 4.1 shall be amended, and replaced In Its entirety by the following:
"4.1. Amount. Compensation under this Agreement shall not exceed TV\O HUNDRED FIFTY• SEVEN THOUSAND SIX HUNOREp TWENTY-FIVE DOLLARS ($257,625.00) and shall be billed based on the rate and basis set forth In Exhibit B." [Signatures on the Next Page]
1

DocuSign Envelope ID: 1A45C690-2949-47B5-9A64-1CE2EC6E1077 DocuSign Envelope ID: C1861CB5-580D-4CC2-A9E2-C122C6739336

2. Electronic Signatures. Unless otherwise prohibited by law or CITY policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term "electronic copy of a signed contract" refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term "electronically signed contracr means a contract that is executed by applying an electronic signature using technology approved by the CITY.

3. Conflicts. In the event of a conflict between the terms and provisions of this Third Amendment to Agreement and the terms and provisions of the MAINTENANCE SERVICE AGREEMENT or any earlier amendment , the terms of this Third Amendment to Agreement shall govem and control.

TWO SIGNATURES ARE REQUIRED FOR CORPORATIONS:
(1) CHAIRPERSON OF THE BOARD, PRESIDENT. OR VICE PRESIDENT; AND (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER, OR ASSISTANT TREASURER.

ATTEST:

Doc�Slanod by:
�cl\c. ts �tlOt.J
hefle'6lgelow, City Clerk
Date: 4/25/2023
APPROVED AS TO FORM:
�,,..�� olMLt iµ4i!A.
tdlUfflikfA;• City Attorney
Date: 4/18/2023
2 CITY OF MORGAN HILL �,--� - {Ju\s/iLM. ·�mer, �
City
Date: 4/25/2023
BURR PLUMBING AND PUMPING , INC.

B' -
..
y�· ., - -. \
Title: t. <" " C C: ( . \>\.e .)\ � -:.-..\-
Print Name and Title of igner.

If Corporate: Chairman, President or
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r nt Name and Title of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer, or
Assistant Treasurer
Date: ff'/z.J

DocuSign Envelope ID: 1A45C690-2949-47B5-9A64-1CE2EC6E1077 OocuSign Envelope ID: C1861CB5-580D-4CC2-A9E2-C122C6739336 OocuSign Envelope 10: 604AC02A-CO70-48O8-9F32-880305CB9BCE EXHIBIT 1

SECOND AMENDMENT TO AGREEMENT
BURR PLUMBING AND PUMPING, INC.

This SECOND AMENDMENT TO AGREEMENT is entered into and becomes effective on 4/10/2022 (Effective Date), by THE CITY OF MORGAN HILL, a municipal corporation, ("CITY") and BURR PLUMBING AND PUMPING, INC., a California Corporation ("SERVICE PROVIDER").

RECITALS
The following recitals are a substantive part of this Agreement:

1. This Second Amendment to Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on June 26, 2019

2. The CITY and SERVICE PROVIDER entered into that "Maintenance Service Agreement" made as of July 5, 2019, for services for a maximum compensation of One Hundred Thousand Dollars ($100,000.00) ("MAINTENANCE SERVICE AGREEMENT").

3. The CITY and SERVICE PROVIDER entered into a "First Amendment to Agreement" made as of June 28, 2021, under which the maximum compensation under the MAINTENANCE SERVICE AGREEMENT, as amended, was increased to One Hundred-Fifty Thousand Dollars ($150,000.00). The MAINTENANCE SERVICE AGREEMENT and the First Amendment thereto are attached as Exhibit "1" to this Agreement.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Amendments: All terms and conditions of the MAINTENANCE SERVICE AGREEMENT, as amended, as attached as Exhibit "1," shall remain in full force and effect; except that the following amendments shall be made as set forth below:

A. Paragraph 2 shall be amended and replaced in its entirety by the following:
"2. Term of Agreement. This Agreement shall be effective and cover services rendered from July 1, 2019, until June 30, 2023. The City Manager is authorized to extend the term of this Agreement for up to an additional one-year period. City Manager may exercise this option only if, in City Manager's discretion, SERVICE PROVIDER has demonstrated superior performance in provision of on call plumbing maintenance and repair services to CITY. Any such extension shall be in writing and signed by both parties to this Agreement." B. Paragraph 4.1 shall be amended and replaced in its entirety by the following:
"4.1. Amount. Compensation under this Agreement shall not exceed TWO HUNDRED TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($202,500.00) and shall be billed based on the rate and basis set forth in Exhibit B. If the City Manager extends the term of this Agreement pursuant to the provisions of Section 2 above, the City Manager shall have the authority to increase the maximum compensation allowed to be paid to SERVICE PROVIDER during that extended term period, so long as City Council has appropriated sufficient funds therefor, the Parties mutually agree to such amount in a writing signed by both Parties to this Agreement, and provided further that in no event shall such maximum compensation allowed 1

DocuSign Envelope ID: 1A45C690-2949-47B5-9A64-1CE2EC6E1077 DocuSign Envelope ID: C1861CB5-580D-4CC2-A9E2•C122C6739336 DocuSign Envelope ID: 604AC02A-CD70-48D8-9F32-BB0305CB9BCE for each subsequent extended one-year term exceed 105% of the maximum compensation allowed to be paid to SERVICE PROVIDER for one year of service during the immediately preceding prior year of service."

2. All references to "electrical" work in Exhibit 1 shall be deemed to mean "plumbing" work.

3. Conflicts. In the event of a conflict between the terms and provisions of this Second Amendment to Agreement and the terms and provisions of the MAINTENANCE SERVICE AGREEMENT or any earlier amendment, the terms of this Second Amendment to Agreement shall govern and control.

TWO SIGNATURES ARE REQUIRED FOR CORPORATIONS:
(1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; MiQ (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER.

Date: 4/11/2022
�oc�srgntd
APPROVED AS TO FORM:
by:
_ •Ml l tcmiVx aWiim�n. City Attorney
Date: 4/7/2022
2 CITY OF MORGAN HILL
!J-� (M!Jiltl.A
·nAat..r,foiilttner,
�
City Manager
Date: 4/10/2022
ND PUMPING, INC.

By:

Title: t.i\ L (\..1 : r c_\-i, a-"---:C> • f jl.�-�
Print Name and fit1e of Signer.

If Corporate: Chaimlan, President or
Vice President
Date: 2)
rint Name and Title of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer
Date: .3.· sa. n

DocuSign Envelope ID: 1A45C690-2949-47B5-9A64-1CE2EC6E1077 DocuSign Envelope ID: C1661CB5-580O-4CC2-A9E2-C122C6739336 DocuSlgn Envelope ID: 6O4AC02A-CD70-48O8·9F32-BB0305CB9BCE OoeuSign Envelope 10: 6109A1D9◄CDD-4DB0-610F-C3AA85A0OA77

EXHIBIT I

FJRST AMENDMENT TO AGREEMENT
BURR PLUMBING AND PUMPING, 11\JC.
l 28-04-19-082
This FIRST AMENDMENT TO AGREEMENT is entered into and becomes effective on 6/28/2021 (Effective Date}, by THE CITY OF MORGAN HILL. a municipal corporation, (�CITY") and BURR PLUMBING AND PUMPING, INC., a California Corporation ("SERVJCE PROVIDER").

RECITALS
The following recitals are a substantive part of this Agreement:

1. This First Amendment to Agreement Is entered jnto pursuant to the action of the Morgan Hill City Council taken on June 26. 2019.

2. The CITY and SERVICE PROVIDER entered Into that "Maintenance Service Agreement" made as of July 5, 2019, for services for a maximum compensation of One-Hundred Thousand dollars {$100,000.00) (''MAINTENANCE SERVICE AGREEMENT"). The MAINTENANCE SERVICE AGREEMENT is attached as Exhibit Mi• to this Agreement.

AGREEMENT
THE PARTIES MUTUALL V AGREE AS FOLLOWS:

1. Amendments: All terms and conditions of the MAINTENANCE SERVICE AGREEMENT, as amended, as attached as Exhibit •1 / shall remain in full force and effect; except that the following amendments shall be made as set forth below:

A. Paragraph 2 shall be amended and replaced In its entirety by the following:
•2. Term of Agreement. This Agreement shall be effective and cover setvic:es rendered from -J.u�y._1,201-9
,ur-itil--June-3Q..-a022-at--whiGh-time--SE.RVIG(;-pRQVi.GE�erviee&-Shall be completed; The City Manager is authoflzed to extef\d the term of this Agreement for up to an additional two one-year periods. City Manager may exercise this option only If, In City Manager's discretion, SERVICE PROVIDER has demonstrated superior performance In provision of on-call plumbing maintenance and repair services to CITY, any such extension shall be ln writing and signed by �oth Parties to this Agreement."

8. Parag_raph 4.1 shall be ·amended and replaced in its entirety by the following:
�4.1 Amount: Compensation under this Agreement shall not exceed ONE HUNDRED FIFTYTHOUSAND AND NO/00 DOLLARS ($150,000.00) and shall be bllled'based 01') the rate and basis se.t forth in Exhibit B. If the City Manager extends the term of this Agreeme_nt purs\l,ant to the provisions of Section 2 above. the City Manager shall have the authority to increase the maximum compe_nsatlon allowed tp be paid to SERVICE PROVIDER during that exte!'lded term period, so long as City Council has appropriated sufficient funds therefor, the Parties mutually agree to such amount In a writing signed by both Parties to this Agreement and provided further that in no.event shall such maximum compensation allowee:I for the extenqed term exceed , 05% of the ma,cimum compensation allowed to be paid to SERVICE PROVIDER for one year of seNice during the inltlal term of this Agreement"
1

DocuSign Envelope ID: 1A45C690-2949-47B5-9A64-1CE2EC6E1077 OocuSign Envelope ID: C1861CB5-580D-4CC2-A9E2-C122C6739336 �Si1'� Envelope ID: 6O4AC02A-CO70-48D8-9F32-BB0305CB9BCE /If
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C. Paragraph 5 shall be added by the following:
"5.1 Non-aooroprlations. Notwithstanding anything contained In this Agreement to the contrary, if insufficient funds are approp1ialed, or funds are otherwise unavailable in the budget for CITY for any reason whatsoever in any fiscal year, for payments due under this Agreement, CITY v..�11 Immediately notify SERVICE PROVIDER of such occurrence, and this Agreement shall terminate after the last day during the fiscal year for which appropriations shall have been buc;igeted for ClTY or are otheiwise available for payments.•
Signatures on the Next Page
2

DocuSign Envelope ID: 1A45C690-2949-4785-9A64-1CE2EC6E1077 OocuSign Envelope ID: C1861CB5-580D-4CC2-A9E2-C122C6739336 DocuSign �.,Q..-1 pr .. ... " Envelope ID: 6D4AC02A-CD7Q..48D6-9F32-BB0305CB9BCE

2. Conflicts. In tne event of a conflict between the terms and provisions of this First Amendment to Agre·ement and the terms and provisions of the MAINTENANCE SERVICE AGREEMENT, the terms of this First Amendment to Agreement shall govern and controf.

TWO S\GNAiURES ARE REQUIRED FOR CORPORATIONS:
(1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER.

ATTEST:
_1 r-:--- .it.'l,Jl. se
l\i��ll�Blgelow, City Clerk
Date: .,,.11.,1
APPROVED AS TO FORM:
-��� Donil'd'X.,...;;.�La-r-ki-n�.C�-ity-A�t-torn_e_v
____ _
Date: ,mn,.,
3 CITY OF MORGAN HILL
Ch1islimi"'J.Tumer, City Manager
Date: ,, .. ,,,.u
'G AND PUMPING. INC.
&,r.e. 81>,.r I cA-e.1� g f��
Print Name and Tltle of Signer.

If Corporate: Chairman, President or
Vice President
Date: 06124/12021
By: � � Title: \M�' vatvd" 1 V f, S
Print Name and Title of Signer.

Date:

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer
06/24/2021

DocuSign Envelope ID: 1A45C690-2949-47B5-9A64-1CE2EC6E1077 DocuSign Envelope ID: C1861CB5-580D--4CC2-A9E2-C122C6739336 OocuSign Envelope ID: 6D4AC02A•CD70-48D8-9F32•BB0305CB9BCE DocuSlgn Envelope ID: 61D9A1O9-4CDD--1DB0-810F-C3AA85AODA77

EXHIBIT I
MAINTENANCE SERVICE AGREEM�NT
Burr Plumblng and Pumplne, Inc.

THIS AGREEMENT Is enlered Into and becomes effective on 1 f) f /� (Effective Dale), by and between the CITY OF MORGAN HtLL, a municipal co,po,alJon, ("CITY"), and Burr Pklmblng and Pumping, Inc. a California corporaUon ("SERVICE PROVIDER") hereinafter referred lo collectivelv as �Parties:- In conslderaUon Of the promises and the mutual covenants c:ontalned In this Agreement, the Parties agree as follows;

1. Ct�Authority, This Agreement Is entered into pursuant lo the action of the Morgan HIii City Council taken on -�vn:: , QC,. 20ft.

2. Term. of Aqre9menl This �reement shat\ eover services rendered from July 1, 2019 of lhls Agreement until June 30, 2021 at which time SERVICE PROVIDER'S seivlces shall be ccmpleted. The City Manager is authorized ti extend lhe term of lhls Agreement for up to three, one-year periods. City Manager may exe�se this option only If, ti City Manager's discretion, SERVICE PROVIDER has demonstrated superior perfo,mance in pro11Jslon of on-call electrical maintenance end repair services lo CITY. Ally auch eldenston.shall be in w,illng and signed by both Parties to this Agreement.

3. ScOJ!e pf Se,;ylce, The services to be performed by SERVICE PROVIDER shall be on,call plumbing and pumpi'lg maintenance and repair services as further described In 11:iltlblt A.

4. Comeansatlon, SERVICE PROVIDER shall be compensated as follows:

4.1. Amount $100,000.00. Total compenaatton 10 CONSULTANT under this Agreement during Its Initial term set forth in Section 2 above shall not exceed One hundred thousand dollans and &hall be bllled based on the rate and basis •�t forth In Exhibit B. If tJ\e City Manager extends the term of this Agreement for up to one year purzuant lo the provlstona of Section 2 above, tha City �nager �U have lhe·au\hority to lncreas� the .maximum compensaUon allowed to be paid to CONSULTANT during that extended tenn period, so long as City Councll has appropriated sufficient funds therefor, the Parties mutually agree to such amount fn a wr1Ung signed by both Parties to this Agreement and provided further ·thiat In no event shall such maxhnum compe�aUon allo'Wed for the extended term ex1:eed 105% of the maximum c:ompensatton aU0wed \o be paid to CONSULTANT •for one year 01 sen1lce during the \nUla\ term of this AgraemenL

4.2. .Blli!rm. SERVICE PROVIDER shall provide Cl1Y with an Invoice containing the dated, delalled, and Itemized descriptions of all services performed and expenses Incurred (If such expenses are relmbur&abw pursuant to E¥hlbtt 8) by SERVICE PROVIDER on a mon\hly basl& unless otherwise epecified In Exhibit B. All Invoices shall be sent to the CITY addrassed lo the department head or project manager ldenlfffed below In Section 14 NoUces. Payment wOI be made to SERVICE PROVIDER wlhln thf,ty (30) days of tecelpt or Invoice by CITY. Any rate charged shall be prorated Where services are lntemJPted or not pwovlded for any rate period (for example, eny 1J10nth1Y r,ite charge should be prorated when servtoes IN8fe tntenupted or provided for only part of Iha month). For services billed on an howt� rate, the mlnlmun W\lt of blled tlff!e ahall not �,cceed one tenth of one hour. CITY shaU pay for S8l\llces and expenses (If so provided In Exhlblt B) up to. the tlmlt of compensation set forth above, that In the CITV'a Judgment were necessary and reasonable. Services for work .perfotmed and expanses Incurred In exceH of the total compensation set forth In p$ragraph 4, 1 above shall be at no coat to ClTV.

Uodltlil:
1 ,My 1011

DocuSign Envelope ID: 1A45C690-2949-47B5-9A64-1CE2EC6E1077 DocuSlgn Envelope ID: C1861CB5-580D--4CC2-A9E2-C122C6739336 DocuSign Envelope ID: 6D<IAC02A-CD7Cl-48D8•9F32-BB0305CB9BCE DocuSign En�elope ID: 6109A109-4COD-4DB�10F-C3AAB5AOOA77

5. Jennlnattgc. CITY or SERVICE PROVIDER shall have the right to terminate this Agreement, without cause. b'J glvlng shdy (60) days' written notice .or less under urgent circumstances. Upcn such termination, SERVICE PROVIDER •shall submit to CITY an lteml�d statement of aervices pelformed for which compensation has not been paid. CITY may r�gulre SERVICE PROVIDER to complete certain work product or documents and SERVICE PROVIDER shall dellver to CITY all documents In its possession Withoul addllional compensalion to SERVICE PROVIDER. The City Manager Is authorized to tennlnate this AGREEMENT, In whole or In part, on behalf of CITY.

6. ee@cmance gfWork. SERVICE PROVIDER represents that It Is qua11fled by virtue of experience, training. education, end exper1lse to accomplish these services. SeNlces shall be performed by SERVICE 'PROVIDER In accordance With profusslonal practices In a manner consistent wilh a level d care, competence and &kin exercised by qualified members or SERVICE PROVIDER'S profession. By dellvery at completed work, SERVICE PROVIOcR certifies that the work confonn& to the requirements of this Agreament and all applt�ble federal, state and tocal laws. SERVICE PROVIDER shall perfonn an work end services under lhis Agreement in conformance wllh the lime achedul� set forth on ExhlbH C, -Schedule of Performance/ attached hereto and lncorpo..._ted herein by this reference. The City Manager Is authorized on behalf or CITY to modify 1he tlmeframes set forth on the Schedule of Perfo,mance Within the lerm of this Agreement. If SERVICE PROVICER desires to leave or store any of SERVICE PROVIDEA's equipment at a CITY site while SERVICE PROVIDER Is perfonnlng work or 1en1lce pursuant to thls Agreement, SERVICE PROVIDER v.111 first obtain the consent of the City Manager, or his/her delegate, to do so, and any such storage shall occur only In the manner and location allowed by such CITY offlclal and entirely at SERVICE PROVIDER's sole risk.

7. H9:tardqus Materials. Without llmlUng any other requirement or obllgaUon of SERVICE PROVIDER under this Agreement. If SERVICE PROVIDER needs 10 use any material or chemical considered to bee haz.a,dous matetial under any federal, .state or local law, regulation or policy, SERVICE PROVIDER agrees to fuhy and llmely abide by and comply with an laws, regulations and policies penalnlng to the use, transPort, removal, handlins, disposal or other activity related to any and all such materials or chemicals. Prior to comme!"lcem_enl of work or services under this A;�ment, SERVICE PROVIDER shall provide CITY wit11 a complete 11st or the hazardous materials SERVICE MOVIDER reasonably anticipates It may need lo use to provide the sen,lces of SERVICE PROVIDER under this Ag"9ement, iogether wllh t1e reasonably anticipated quantities thereof. if requested by CITY.

8. insurance Regulremanls. SERVlCE PROVIDER ahaU procure and provide praof of the lnsu111nce coverage requtrect by this section In the form of c.ertlflcates and endorsements. The requJredinsurance must cover the activities of SERVICE PROVIDER, Including its subcontra�ors, e111ployees and agents, relatlng 10 or arising from the performance d any wor1c or servlce under thls Agreement. and must remain ln full forte. i!nd effect at all times during the period covered by thls Aaroemenl The coverages may be arranged under a single pol icy far the full lmlts required or-by a combination of 11ndertylng policies with the balance provided bV e>eces■ or •umbrellaw policies, provided each auch pollcy compnes with the requirements aet forth herein.

SERVICE PROVIDER further understands that CITY reserves the right to modify the Insurance l'flqulrements set fQrth herein, with thirty (30) days' notice provided to SERVICE PROVIDER, at any tlme as deemed necessary to prated the lntereals of CITY.

8.1. Jpsuranc;e Types and Amounts.

8.1.1. Commercial General Liabllltl lC,GU •. SERVICE PROVIDER shall maintain CGL a;alnst eta Im• and labllllles for personal Injury. death. or property damage providing_ protecUon In the minimum amount of: (I) one mRlion dollara ($1,000,000.00) for bodl1y lnju,y or death 10 any one person far any one accident w occurrence and at least one mllHon dollars ($1,0Q0,000.00) for property damage, or (Ii) the maximum amgunt gf IYGb • -----
2 lJ,d1ltd: .llllr 2011

DocuSign Envelope ID: 1A45C690-2949-47B5-9A64-1CE2EC6E1077 DocuSign Envelope ID: C1861CB5-580D-4CC2-A9E2-C122C6739336 DocuSlgn Envelope ID: 604AC02A-CD70-4808-9F32-8B0305CB98CE OocuS\91\ Envelop& ID: 61O9M D9-4COO-4D80-8�0F-C3M8&AOOA7? lnsurence available to SERVICE PROVIDER under SERVICE PROVIDER'S CQmblned insulliJ1ce pollcies (incfuding any excess or ·umbrella• pollcles), whichever Is greater.

8.1.2. Automobile LiabfUtv. SERVICE PROVIDER shall maintain Automoblle Liability covering ell owned, rion-ovmed ■net hired autorn.obltes (If SERVlCE PRoVIDER does � own -.uton10b1Ies, then SERVICE PROVIDER atlall ms1n!aln Hired/Non-owned Automobile Llablltty) against claims and llablllUes for s,ersonal fajury, death, or pl'Qperty damage provldlng protection 111 lhe minimum amount of: (I) one mllllon dollars ($1,000,000.00) for bodily injury or death to any one peraon for ar,y one aceldent or occurrence and at least one million doltara ($11000,000.00) to, pTopetty damage, Dr(\\) the maximum amount of such Insurance available to SERVICE PROVIDER under SERVICE PROVIDER'& camblned Insurance pollcles (Including any excess ot •umbrefla" policies), whichever Is greater.

8. 1 .3. YJodw§' Co�enseUcn ln,w.ance and Emp\QU(D liablUtv, SERVICE PROVIDER shall ,nalnlaln Workers Compensation coverage, as required by law, In the minimum amount of; (1) one mllllon dolla,a ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of� Insurance avanable to SERVICE PROVJOER Uf'lder SERVICE PROVIDER's combined Insurance policies {includlng any excess or "umbTeUa" pof�\es), 'Whichever \s .greater. \f SERVICE PROVIDER la self.Insured, SERVICE PROVIDER ahaJI provide ns CefGflcate of Permission lo Self-Insure, duly authorized by the Department <if lndustria\ Re\atioN.

8.1.4. es>Hunon il;:c,vlmO_IJ]OOlaJl UaQ}Uty, If 1he performance of SERVICE PROvtDER's work or s�n,ice under this A.greemenl ·involves hazardous materials, contaminated aoll dlsposal, and/or a risk of' accidental release of fuel oil, chemicals or other toxic gases or hazardous materials, SERVICE PROVIDER st\611 procure and maintain Pollu\loA Liability covering the contractor'.s llablllly for bodily Injury, property damage and envlronmental damage res�lllng from PQllutlon &11d related cleanup costs eri_slng olJl of the wonc or servlce& to be pel'fonned under this Agreement. Coverage shall be provided for both work performed on site, as well as during the transport of hazardous materials.

Such coverage shaU be \n the m\nlmum amount at ti) one mlllion doiars ($1,000,000.00) for any one accident or occurntnce, or (ii) the maximum amount of such Insurance available lo SERVJCE PROVIDER under SERVICE PROVIOER'a c:omblned insurance policies (lncfudlng any exeess or •umbrellaw polfcles), Whichever ls greater.

8.1.5. Professional lfabllltv.

8.1.5.,. If the perfonnance of SERVICE P.ROVIOER's work or service under Olis Agreement Involves professional and/or technical services (exampl,es 'Include, .but are no\ \lmtted \o, arohltects, engineers, land sun,eyora, and appraisers). SERVICE PROVIDER shall procwe and malnJaln either a clalms made or oCCUffenee Errors and Omission Dabllily Insurance tn the mtntm\lm amounl Of: (i) one m\1101\ dollars ($1,000,000.09) each clalm, or {II) lhe mPlmum amount of 8UCh Insurance avallable to SERVICE PROVIDER under SERVICE PROVIOER1a combined Insurance polic;ies (i!\elutiing any axce&S or •�bre11a· policies), Whichever Is greater. Fur,:t,ar,-lf SERVICE PROVIDER ma1ntalns a Claims-made policy, SERVICE PROVIDER 1han pncvlde wrttten evidence of such Insurance to CITY for at least five (5) yelrl after the completion ofwor1< performed underthJ, Agreement.
3 lll)dlltd:.luty 2011

DocuSign Envelope ID: 1A45C690-2949-47B5-9A64-1CE2EC6E1077 DocuSign Envelope ID: C1861CB5-580O-4CC2-A9E2-C122C6739336 DocuSign Envelope ID: 604AC02A-CD70-4808-9F32-BB0305CB9BCE OocuSign Ell'lelope 10: 61O9A1DS-4COO◄OBO-M0F-C3AAB5A0OA77 a 1.5.2. If the performance of SE-RVJCE PROVIOER's wocl< or service under this Agreement relates to Information Technology or related service$ (examples include, but ate not limited lo compu1er programmQrs, sottware designers, hardware englneers1 or ottlet systems consultants), SERVICE PROVIDER shaU procure and maintain a claims made Errors and Omission l!abllity Insurance, looluding C�ber Liability end Oa\a Breaeh, in the minimum amount of: (I) one mUlion dollars ($1,000,000.00) each claim, or (ii) the maximum amount of suet, lnsl.lrance available to SERVICE PROVIDER under SERVICE PROVIDER's combined Insurance policies (including any e)(Cess or •umbrella'' policies), whichever is greater.

8.1.S.3. If the performance of SERVICE PROVtDER'a work or service under this Agreement Involves contact with mlnom, SERVICE PROVIDER shall procure and maintain SelCual Abui;e and Molestation Insurance In the minimum amount of: (I) one million d9llars ($1,000.000.00) each clalm, or (II) the maximum smounl of such Insurance a\18llable to SERVICE PROV\OER under SERVICE PROVIOER'I combined iflsurance policies (including any excess or "Umbrella� policies). whichever Is greiiter.

8.2. Endorsements, SERVICe PROVIDER shall pro11ide proof of the following endorsemenls, listed for e�ch policy for which endorsements are required1 as outlined below:

B.2.1. General UabjNtv,

8.2.1.1. The City of Morgan HUI, Its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers ere named as additional Insureds;

8.2, 1.2. lhe Insurer waives the right of subrogalion against the Clly of Morgan HIil end CITY's elected or appointed officials, boards, agel\cies, officers, agents, employees, snd volunt�ers; and,

8.2.1.3. insurance shall be primary non-conlributlng.

8.2.2. Wor1cers Compensation.

If lhe per:formance of CONSULTANT'S work or service under this Agreement involves access \o ot ac\ivity on any prgp�I\Y or premlses owned or occupied by the CITY, Ji,cluding. bul not limited to, CONSULTANT'S presence during site visits and meetings, than Insurer walves the right of subrogation against the Qty of Morgan HIii and Iha CIT't"s elected or appointed officlals, boards, agencies, officers, ageols, empl9yees, and \'Olunteers.

8.3. Cui1lific1flAQ cf Insurers All insurance required pursuant to this Agrsement must be iss�d by a company ll9ensed and admitted, oro\hel"Wlse legally eu\horiz.ed \o cany out insurance business In the State of Californiq, and each Insurer m1,1sl have a current A.M. Best's financial strength rating of "A� or better and a finenclal size rating of -vu� or bener.

8.4, Certificates, SERVICE PROVIDER shall furnish CITY wilh copies of ell policies or certificates as outlined herein, whether new or modified, promptly upon ,eceipl ,No policy subject to SERVI CE PROVIDER's agreement with CITY shall be canceled ot materially changed except aner thi,ty (30) days' notice by the Insurer to CITY. Certificates, Including renewal certificates, may be maiTed electronically to [email protected] or detivered to the Certificate Holtler address provided herein
4 tJpitaled: JIiiy 20,a

DocuSign Envelope ID: 1A45C690-2949-47B5-9A64-1CE2EC6E1077 DocuSign Envelope ID: C1861C85-580D-4CC2-A9E2-C122C6739336 OocuSign En11elope ID: 604AC02A-CD70-48D8-9F32·880305C89BCE OocuSign Envelope 10: f.1O!lA1O9-4CDO-4OB0-810F-C3AA!!5A0DA77 Certificate Holder eddress:

City of Morgan Hill
Atln: Risk Management
17575 Peak Aven1.1e
Morgan Hill, CA 95037

9. Non-Llability of Officials and Emeloyees of CfTY. No official or employee of CITY shall be pel'SQlially liable for any derauli or liability under this �greement.

10. Compliance with Law.

10.1. SERVICI= PROVIDER and Its officers, employees, agents, and sUbcontractors shan cort1ply with aM applicable laws, ordinances, administrative reg�atioos, and permitting requirements In carrying cul their obligations under this Agreement. SERVICE PROVIDER end its officers, employees, agents, and subc<mtractors covenant there shall be no discrimination based upon race, cofor, creed, religion, gender, marital status, age, sexual orientation, national origin, mental disability, physical dlsabillty. medical condltlon, or ancestry, In any activity pursuant to this Agreement.

10.2. Without limiting the provisions of Section 10.1 above, each worker perfonnlng work under this Agreement shall be p;:ild at a rate not te,s than lhe prevailing wage ·es defined In Sections 1771 and 1774 -or the Labor Code. The prevalling wage rates are available online at http:/lwww,dir.ca.govfdlsr, SERVICE PROVIDER shall po$! a copy of lhe appllcable prevailing rates at the Wonc.slte. Puisuant to Labor Code Sei:tion 1775, SERVICE PROVIDER and any Subcontractor shall for1elt to ·clTY .es a penalty up lo two hundred dollars ($200.00) for each calendar day, or portion thereof, foreach"worker paid less than the applic�ble prevailing wage rate. SERVICE PROVIDER shall elso pay each worker the difference between the applicable prevalling wage rate and the amount actually paid to \hat wori<er.

10.3. DIR Registration. CITY wUI not accept a Bid Proposal from or enter Into a contract with a SERVICE PROVIDER., without first receiving proof to the satisfaction of CITVthal SERVICE PROVIDER and lls subcontractol'$ are registered with the California Department or lndustr1al Relations to perform public work under Labor Code Section 1725.5, 1ubject tn limited legal exceptions. Under Labo, Cpde section 1771.4, this Agreement is subject to compliance monitoring and enforcement by the Califomla Department or Industrial Relations.

10.4. compliance with Wage and Hour u,ws: SERVICE PROVIDER, and any �ubconiractor It employ!! to complete work uoder this Agreement, shall comply with all applicable federal, slate and local wage and hour laws. Applicable laws may tnclude, but are nol llmlledto, lhe Federal Falr tabor Standards Act and the Callfomia l:.abor Code.

Final Judgmer1s, Decisions, and Orders: For purposes of this Section, a "final Judgmenl, decision, or 0rdei" refers to one for which all appeals have been exhausted or 1he lime to ap�al has expired. Relevant Investigatory govemment agencies include: lhe federal Department or Labor, the California Division of Lab!>r Standards Enforcement, or �ny other govemmenlal enllly or division tasked with the lnv.esligation and enforcement of wage and hour laws.

Prior Judgments against SERVICE PROVIDER and/or its Subconlraetors: BY SIGNING THIS

AGREEMENT, SERVICE PROVIDER AFFIRMS THAT IT HAS DISCLOSED ANY FINAL fi
llpcnted! July 2011

DocuSign Envelope ID: 1A45C690-2949-4785-9A64-1CE2EC6E1077 DocuSlgn Envelope ID: C1861CB5-580D-4CC2-A9E2-C122C6739336 DocuSign Envelope ID: 604AC02A·CD70--48D8-9F32-BB030SCB9BCE OocUSign Envelope 10; 6109A1 OP-4COO-4OB0•81 0F-C3AAaSA0DA77 JUDGMENTS, DECISIONS OR ORDERS FROM A COUR.T OR INVESTIGATORY GOVERNMENT AGENCY FINDING-IN THE FIVE (5) YEARS PRIOR TO EXECUTING THIS AGREEMENT - THAT SERVICE PROVIDER OR ITS SUBCONTRACTOR($) HAS VIOLATED ANY APPLICABLE WAGE ANO HOUR LAWS. SERVICE PROVIDER FURTHER

AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS SATISFIED AND COMPLIED WITH .. OR HAS REACHED AGREEMENT WITH THE CITY REGARDING THE MANNER IN WHICH ITWILL SATISFY-ANY SUCH JUDGMENTS, DECISIONS OR ORDERS.

Judgmenls or Declsloris During Term of Contract: lf at any time during the term of this Agreement, a court or Investigatory govemment agency Issues a final judgment, decision or orderflndlng that SERVICE PROVIDER or any subcontractor ll employs to perfonn work under lhls Agreement ha, violated any applicable wage and hour law, or SERVICE PROVIDER leams of such a Judgment, decision, or ord1:1r that was not prevlous)y disclosed, SERVICE PROVIDER shan lnfonn the City Attorney, no more lhan fifteen (15) days after the Judgment, decision or order becomes final or of leamlng of the nnal Judgment, declslon or older.

SERVICE PROVIDER and Its subcontredors shall prompUy satisfy and comply with any such Judgment, dec;lslon, or order, and shall provtde the City Attorney with documentary evidence of compliance with the final Judgment, decision or ordef within five (5) days of satisfying the final Judgment, decision or order. CITY reserves the right to ruqulre SERVICE PROVIDER lo enter into an agreement with CITY regarding the manner In which any such final judgment, decision, or order wlll be saUslied.

City's Right lo Withhold Payment: Where SERVICE; PROVIDER or any aubconlractor n employs to perform work under this Agreemenl has been round in violation of any applicable wage and hour law by a final Judgmenl, declslon or order or a court or govemment agency, CITY reserves the right to withhold payment to SERVICE PROVIDER until such judgment, decision or order has been satlslled in fun.

Material B.reach: FaUure t> comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for Immediate tennli'latlon of this Agreement and/or any other remedies avallable under this Agreement and/or law.

Notice to City Related to Wage Theft Prevention: Notice provided to the City Attomey as required under this Section shaft be addressed to: City Attomey, City of Morgan HIR, 17675 J'eak Avenue, Morgan Hill, CA 95037. The Notice provisions of this Section are separate rrom any other notice provisions In this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements In this Section. 11, Independent Contractor. SERVICE PROVIDE� is an Independent contractor and not an agent or employee or CITY.

12. ConfJdenUallty. All data. documents, or other lnformalion received by SERVICE PROVIDER from CITY or prepared In connection wilh SERVICE PROVIDER'S services under this Agreement are deemed confldentlal and atiall not be dlsclosed to any third party by SERVICE PROVIDER without prior written consent by CllY.
13, CopfJlct o9 lnter•st and Reporting. SERVICE PROVIDER shaft at iill times avoid conflict of interest or appea,ance of conflict of Interest in performance of this Agreement. 15 Updated: Jul112018

DocuSign Envelope ID: 1A45C690-2949-4785-9A64-1CE2EC6E1077 DocuSign Envelope ID: C 1861 CB5-580D-4CC2-A9E2-C 122C6739336 DocuSign Envelope ID: 6D4AC02A-CD70-48D8-9F32-BB0305CB9BCE DocuSign Envelope 10: 5109A 1D9·◄COD-4DB0-810F-C3AA85AODA17

14. Notices. All nolioes shall be personally delll,ered or mailed, via firs) class mall to the below listed address. These addresses shall be used for delivery of aer,l� of proc�. Notices �all be ef(ectlve five (5) days after date of malll119, or upon date of personal delivery.

DocuSign Envelope ID: 1A45C690-2949-47B5-9A64-1CE2EC6E1077 OocuSign Envelope ID: C1861CB5•5800-4CC2-A9E2-C122C6739336 DocuSign Envelope ID: 6O4AC02A-CD70-4808·9F32-880305CB9BCE DocuSign Envelope 10: 8109A109-4C00--4DB0·810F-C3M85AODA77 Address of SERVICE PROVIDER Is as follows:

Burr Plumbing end Pumping, Jnc.
1645 Almaden Road
San Jose, CA 95126
Address of CITY is as follows:

Cynthia lwanaga
City of Morgan Hfll
17575 Pe1;1k Avenue
Morgan HII� CA 95037
with a copy to:

City Clerk
Cily of Morgan Hill
17575 Peale Avenue
Morgan HIii, CA 95037
15, ,LIGl!JSH, Perm!!• Q� &Pi, SERVICE PROVIDER shall obtqio a City of Morgan Hill Business Ucense, all pemilts and licenses to the extent required by ordinances, codas and regulattons of \he iederal, state and local govemment.

16. CQfiSULTAffi Ptg�al, Cf apptlcable, this Agreemen\ shall Include CONSULTANT'S proposal or bid whicll Is fncoiporated herein. In the event of any Inconsistency between the terms of the pn:,pcsal aid lhls AgreemenL lhls Agreement shall govem.
17, Maintenance of:Reco�s.

17.1. Malntenanee, SERVIC£ PROVIDER shall prepare, maintain. and preserve all reports and records lhat may be required by federal, slate, and CITY Nies end ordinances related to services provided under this Agreement. SERVICE PROVIOER·shall malntaln records fOf a perl0d of at least 3 years after receipt of final payment under this Agreement. If any lltlgalion, cfafm, ne.9otiatlon, audit �xceptton, or other action relating to lhls Ag"ement Is pending atlhe end of the S-year period, then SERvtCE PROVIDER thal\ re\ain said records unl'tl such action Is resolved.
17 .2. Acceas to entS Audi\ ot Records, CITY shall have the right to examine, monitor and audit all • records, documents. coridltlons, and adivlties of SERVICE PROVIDER and Its subcontractors related Jo services under this Agreement. Pursuant to Govemmenl Code Sec:Uon 8546.7, if thls Agreement Involves the e,cpendlture d public funds in excess of $10,000, the Par1l1s to this Agreement may be subject, at the request of CITY or.as part of any audit of CITY, lo the examination and audit of the State Auditor pertaining to matters eomected wl\h ·the perfcnnance of this Apreement for a period of three yea,._ alter final payment Wider the Agreeme�.

17.3, Ownership of Wons Product, All documents er other lnfonnalion developed or received by SERVICE PROVIDER for work perfonned under lhts Agreement shall be the property of CITY.

SERVlCE PROVIDER Iha\& p�de c,TY w\tl'1 copies of these Hems upon demand or upon termination of lhis AQreemenl.

18. .f1rnMll!ttlt w11h ,O,ofk, By executing lhi.s Agreement. SERVICE PROVIDER represems that: {1) � has Investigated Iha wortc to be performed; (2) It has Investigated the alt.e of the work and Is aware ct all conditions U,ere; and (3) It underslanda the dlffieultles and restrictions d Ule work under lhls Agweement Should SERVICE PROVIDER discover any conditions materially diff,rin9 from those lnhe ,wnt In the work er 8 Upl!Jled: Jult 2011

DocuSign Envelope ID: 1A45C690-2949-4785-9A64-1CE2EC6E1077 OocuSign Envelope ID: C1861CB5-580O-4CC2-A9E2-C122C6739336 0ocuSign Envelope ID: 6D4AC02A·CD70-48DB-9F32-8B0305C89BCE Do cu Sign Envelo� 10: 6109"'109--4C00--4DB0-810F..C3AA8SA00A77 as represenlsd by CITY, it shall Immediately Inform CITY end shall not proceed, except at SERVICE PROVIDER'S risk, unlll written lnstrucUons are received from CITY.

19. nme of E�enc1. Time Is of the essence In the performance of this Agreement.

20. �o AasJgnment. Neither this Agreement nor any portion shall be assigned by SER.VICE PROVIDER, wlthout_prtor written consent of CITY. Any attempted assignment nol first approved by CITY shall be·vQJd and, at CITY'S QPtion, stian teiminate this Agreement effective as or the date or such attempted assignment.

21. &,amQX Fees. In any le,galacllon, dispute or arbitration arising out of or ,elating lo thls-Ag�ment, the prevallfng �rty shall be entttled to an award of Its reasonable attoniey rees, costs and •xpenses tncurred.

22. geiense and lndemnfficaH�Q22.1. DQfianse and IMemJlitlcat!grJ, SERVICE PP..OVIOER shal\. le the ful\es\ exten\ permitted by law, lndemnll'y, defend and hold harmless CITY, Its elected a- appointed offlclals, boan:ls, agef\Cles, officers, agents, employees, and volunteel'$ ("IND.ENJNITEES") from and against ai:IY and all claims, liabllitles. expenses, !lens, or damagas or aoy Mll.lfs, lncludlng lisblllty for bodily injuty, ptoJ)ert)> damage� personal lnJury, a"d lncludlng reasonable attorneys' fees al'ld expenses, that arise out of, pertain to, or relate to lhe perfonnance or this Agreement or the faHi.n to comply With any obllgations contained In this AQreement by SERVICE PROVIDER, and/or ils agel\ts, offiC61"$, employee$, subcontractors, or independent contractors c•ol.AIM'),

22.2. Excepllons, SERVICE PROVIDER Is not required to Indemnify tNDEMNITEES against llabillty for bodily Injury, property damage or personal Injury, or any other loss, damage or t:ixpense arising from the sofe ,,egligence or willful misconduct of CITY.

22.3. liot llm\\ed ·by Insurance. The lndemnlty, defense end hold haJmless provisions of this Agreement apply to ell CLAIMs alleged against an INDEMNITEE, regardless of whether any Insurance policies are applicebte. Polley limits do ncj act' as a nmuation upon the amount of lndermiflcation or defense \o be pn:>'ilded � SERVlCE PROVIDER.

22.4. Right to Offset, CITY shall have the right to offset against any compensation due SERVICE PROVIDER undet" thla AQreemen, any amount due crrv from SERVICE PROVIDER as a result ot SERVICE PROVIDER's fanure to pay CITY promptly ony indemnmcauon atlsiog under lhls Ssction (22) and any amQunt due .CITY from SERVICE PROVIDER arfslng ,hom SERVICE PROVIDER'& fallure either to (i) pav la� on amounts recel11ed ,pursuant � this Agreement or (I\) comply w\\h applicable wor1tera1 compensation laws.

22.S. tntemr.,taUon1 This Section shall constitute an agreement or contract of Indemnity, Incorporating the lnterpietatlons under Callfomla Civil Code Section 2778. It Js expre�ly understood and agreed that the obligation of SERVICE PftOVIDER to lndemntry the INDeMNITEE shall be aa broad and Inclusive as permiltad by the laws of ,he State rl Callfomia and shall survive tennlnatlon af this Agreeme�t.

23. C�m Ba1Pm1ot ModlflRillPni. CJznfllctina P,rmsf9.n1, This Agreement constitutes the entire Agreeme between 1he Pal'tle& and supersedes any pravlous agreements, oral 9r written. lhTs Agreement rnay be modined or provisions waived only by a subsequent mutual written agreement executed by CITV and SERVICE PROVIDER. If the provisions contained In the main body or lhis Agreement conflict wlh any pl'Ol.lislon contained ln an exhib\t to \hil A9N1emen\, lhe provlsions o! 1he main body of \his Agreement shall govem and control over any provision contained in an exhibit to this AgreemenL

DocuSign Envelope ID: 1A45C690-2949-47B5-9A64-1CE2EC6E1077 DocuSign Envelope ID: C1861C85-580D-4CC2-A9E2-C122C6739336 DocuSign Envelope ID: 6D4AC02A-CD70-48D8•9F32-BB0305CB98CE OocuSlgn Envelope ID: 6109A108-4CDO-'IOB0-810F-C3AABSAODA77

24. Governing Law and Vanu&. This Agreement shall be construed In accordance with the laws of the State of Callromla. ·This Agreement was entered into end is to be performed In the County of Santa Clara.

Any action or dispute anslng out of this Agreement &hall only be brought in Santa Clara County.

25. lnt�ceratatlon. Thts Agre�ment ls a negoU�ted doat.1men1 and shaH be deemed to have been dreftea jointly by the Parties, and no rule of construction or lnte,preta&on shall apply against any particular Party baaed on a contention that the Agreement was drafted by one of the Parties Including, but nM limited to, California Clvll Code § 1654, the pr0Vislon11 of which are herebv waived. This Agreement shall be construed and Interpreted in a neutral maMer.
:za. Preservaflog c(Agreement, If any lenn, provision, covenant, or condition of this Asreemenl Is held by a court of competent Jurisdiction to be Invalid or unenforceable, the rest 0f the Agreement shall remain In full force and effect and shall In no way be affected or Invalidated.

27. BJndfng Agreement. Notwithstanding the provisions of Section 20 above, this Agreement shall bind any and all successor$ In interest, lel)al representatlves end/or other pennltted assignees or transferees of SERVICE PROVIDER In the same manner as If those successors In Interest, legal ,epresentalives or other permitted assignee; or t,aosferees !'!ad entered lnlothls Agreement orlg\nally.

II
II
(Sfgnatures on Neltf Page]
10 Updaltd; J� 2018

DocuSign Envelope ID: 1A45C690-2949-4785-9A64-1CE2EC6E1077 DocuSign Envelope ID: C1861CB5-580D-4CC2-A9E2-C122C6739336 DocuSign Envelope ID: 6O4AC02A-CD70-48D8-9F32-BB0305CB9BCE OocuSign Envelope ID: 61O9AiO9-4CDD--4DB0-810F-C3AA85ADDA77

28. Aylbodw to Executi:. Ttlose Individuals who are signing this Agreement on behalf of entitles represent and warrant that they are, respectively, duly authorized to sign on behalf of the entitles end to bind the enlities fully to each and all of lhe obligations set forth In this Agreement. fN WITNESS THEREOF, these Parties have executed this Agreement on \he day and year shown below.

AS SET FORTH tN CA.. CORP, COOE § 3\3, 'TWO SIGNATURES. ARE REQUIRED FOR CALIFORNIA CORPORATIONS:
(1)
(2) SECRETARY, ASSISTANT
�

CHAIRPERSON OF THE BOARD,

SECRETAAV,

PRESIDENT, OR
CHIEF f=INANCIAl. OFFICER
VICE PRESIDENT;�OR ASSlSlANT TREASURER.
(r'.lqiehelle Bl9e1ow
Print Name
Date: 7/) /It
APPROVED AS TO FORM:
�Attomey &ffdi���--
��'V Donald A. Larkin
Print Name
Date:

Contractor's Li�nse Numbar(s) (if applicebl�)
Expiration Oate(s) __ /_2_,/ ...• a_..._1/ .... :z_O_�_O_ Beal;
Cily Marigger'
Christina J. Tumer
Print Name
Date: 7 .... C., - \ '�I
BURR PLUMBIDJ,G1(ND PUMPING, INC.
�/_
Gi2,lC. BUIZ/2, Ort,,,..,{. d:

Print Name and Title of Signer. /
If Corpora\e: Chairman. President or
Date:

Vice !J/Jr'o i/Wl2
By:
'?Per<¢' : #£
Mc1rt- Buep, [4(2� :··({ :1:l:-r11
Print ffame am:rrnie of Signer. .,
If Corporate: Secretary, Assistant
Secretary, Chief Financial Offlcer or
Assistant Treasurer Cate: OlP(o':/(eo11
Cont8Bf:;P.1$,ti��£fc�;£Kc�Pl)}t
J.S/J?
Expiration Dale(s) 0"½£ / 8t1/-£J!f1-6 /< 0 / � l,.J
U!ll.11110! Fo��lliln1"91H111aA1$\Clly �b1Rlallance tl9Nfce i1\5Ntllllnl.Docll 11 IJpdal..S; Jut, :1018

DocuSign Envelope ID: 1A45C690-2949-47B5-9A64-1CE2EC6E1077 DocuSign Envelope ID: C1861C85-580D-4CC2-A9E2-C122C6739336 DocuSign Envelope ID: 6D4AC02A-CD70-48D8-9F32-SB0305CB9BCE DocuSlgn Envelope 10: E109A1D9-4CDO--IOB0-810F-C3AA86AOOA77

E)(HIBITA

SCOPE OF SERVICES
Contractor wlll provide full-service, on-call plumbing maintenance and repair services and admlnlsteg the duties and responslbllltles as stated In this contract, in compliance wllh all appllc:able laws, regulations, policies and procedures.

Services ID be performed Include the fumlshlng of all labor, m;tterlals, toots, equipment, supplies, seNlce:., tasks and Incident.al and customary work necessary to competenUy perform on-call plumbJng maintenance and repair work at various City fac1Ht1es (see Attachment A), The wolf( wHI Include the provision oh total maintenance and repair program consisting of s variety cl tasks Including, but not llmlted to, laying out, Installing, replacing, plplrtg, end testing pl1Mnbing service end plumbing sysiems and comP911ents. Systems Include, but are not llmlled to domestic water, hlfating, cooling, hot water systems, conditioned water si,stems, -pool water systems, sanlt2ry sewer ind storm systems as well as all rel&1led components required for municipal buildings and faclUlle&. Services wlll Include, but not be limited to Installing and repairing piping, fhttures and maintenance for commodes, urJnats, drinking fountains. pools, water spray·features, heating and air condlUonlne systems H w•ll a� addlllonal plumbing rel�ted Issues as they arise and the services necessary to Insure safe, well maintained Influent, effluent an� closed loop systems for City employees and the public. The scope anr:11 number-of projects end tasks are unknown at the time of contract Hecutton.

The Contrector shall leave work areas free of all dirt, litter, lubricants, or other materials utilized to perfonn electrlcal maintenance.

The Contractor shall erect barricades, �rnlng signs, ind any other devJces to prevent unauthorized access by ihe publlc or unauthorized City staff to worl< areas.

The Contractor shall re.spond to all requests for repairs or unscheduled! emergency npalrs as required, 24 hours per day, 365 days per year, Including holidays. All costs for labor and matwials for these calls shall be Included In the proposal. Response time by the Contractor shall be wH"ln four (4) hours of all requests,
The Contractor will be responsible for providing labor, supervision, maiterlals, equipment, transportation, service and the shop facllltlea necessary to perform high quality work. Contiractor wlll also be responsible for discarding all used materlals. 2-1 SCOPE OF SERVICE The Cantractor shall provide full-service on-call plumbing maintenance and repair services to City Facllllles. Contractor shaH retain professional parsonnel who have successfully and competently provided rnunlclpal facility plumbing maintenance and repair urvlces on proJecta of similar scope and compleldty. It shall be lhe Contractor's Nsponslblllty lo effecU11aJy Npalr and malnteln, to the satisfaction of the City repnsentath,e, all espects of plumblna svstems In City defined faclllUes with mlnlmal cfownttme. Al maintenance and repairs shall be provided In accordance wllh lhe hlghcasl standards of the Industry, AIU, woricmanshlp, applicable tract� pracUces, &hall meet warran81es and be In conformance to ... appllcablt laws, codes anal regulations. The successrul Contractor's electrtcal maintenance and n1p1lrs •hell. at • minimum, Include but not be llmited to the speclftcatlons outlined herein. 12 Ullllatw; July 2011

DocuSign Envelope ID: 1A45C690-2949-4785-9A64-1CE2EC6E1077 OocuSign Envelope 10: C1861CBS-580D-4CC2-A9E2-C122C6739336 OocuSign Envelope 10: 604AC02A-CO70-48O8-9F32-8B0305CB9BCE DocuSign Envelope 10; 6109A 109-<4CDD-4OB0-810F-C3M85AOOA'17 2•2 �VICES TO BE PROVIOED H Is the Contractor's responslblllty to provide an appropriate level of staffing and provide approp,late tools and vehlcles neces�ry to support all faclllty plumbing maintenance and repair functions during hours of operation mnd for response after normal workfng hours. Contractor shall maintain thl!I appropriate llcense and wlll comply with all pther Hcense, Insurance and permit requirements of the City, State and Federal governments, as well as a11 other requirements of the law.
2-3 TERM OF SERVICE The tern, oUhe contract wlll be from July 1, 2019 through June 30, 2021, The contract may be canceled or any portion thereof at any time during the term of service and such cancellatlons shall be •ffective upon giving &bity (60) days written notice. The City, at Its option. may renew this contract for up to three, one year periods , beginning on July 1, 2021. This opUon wJII Ile eKerclsed onty If the contractor has demonstrated superlc.r i:,ertonnance In provision ofOn•CalD Plumbing Malntenance znd Repair Se,vlces •o the City.

Pricing apply to the period of July 1, 2019 to June 30, 2021. If the contract Is renewed, a 3o/o cost escalation wtll automatically be applled for each "'bsequent year beglnnll"!S on July 1, 2021. 24 WORK HOURS Scheduled maintenance and repairs shall typlcally occur during noffllal business hours. Facility business hours are:
• Aquallcs Canter Is open weekda� from 5:00 a.m. to 8:00 p. m., Saturdays from 7:0D a.m. lo 12:00 p.m. (summer sea�on to 6:30 p.m.J, and Sundays 11:30 run. to 6;30 p.m. (summer season only).

Centennlal Recreation Center Is an aclive facHlty on Weekdays from 5:00 a.m. to 10:00 p.m., Saturdays from 6:30 a.m. to 8:00 p.m., and on Sundays from a:oo a.m. to 6:00 p.m.

City Hall ls open Monday-fnday 8:00 a.m. - 5 p.tn.

Chambers Bu11dlng is open Monday.Friday 8:00 1.m. - 5 p.m.

The CommuniJy a.nd CulturaJ Center Js open Monday..f'ri4ay a:oo a.m. - 5 p.m.

El Toro Youth Center Is open Monday-Friday 2:00 p.m. --6:00 p,m.

The Friendly Inn Is open Monday-Sat11rd1y 8:00 a.m. to 10:00 p.m. • The Outdoor Sports CompleJt • coordinate hours with Project ll/lanager, Dale Dapp • The Pollce Department Is open Monday-Friday I a.m. - 5:30 p.m.

The Public Works Corporation Yard Is open Monday-Thursday 6:3D a.m. -4:00 p.m. and Fr1dlays from l:SO a.m. -3:00 p,nJ.

The Villas are open Monday..fl'.iday 8:00 1.m. - 5 p.m, Community Park Restrooms are open seven days • week 61.m. to 10 P·"'· • Gah:,an Park Restroom are open sevefl days a week & e.m. to 10 p.m. 2•5 SERVICE AVAILABILITY lbe Contractor shall have trouble.call service avabable on a twenty. four hours ai day, seven days a week basis with a response time not to exceed the foJlowlng:

EMERGENCBES ............................ two hour respon,e Ume NON-EMERGENCIES ..................... four hour response time Tim• to respond shall atart when the City calls the problem Into Contractor's designated emergenty phone ,number. Addltlonally, the Contractor shall provide the ablllty to respond lmmedlately lo situations lnvoMng ttle health and safety of employees andlor the public and th• comfort and operaUon1tl capability of any pubic meeting space. Routine repairs, service nquests or other nonur9ent tasks &hal be completed by Journey level staff within one (1) working day from the daie Qf nquest by Cfty Repnsentatlve,

DocuSign Envelope ID: 1A45C690-2949-4785-9A64-1CE2EC6E1077 OocuSign Envelope ID: C1861CB5-5800-4CC2-A9E2-C122C6739336 OocuSign Envelope 10: 604AC02A-C070-4808-9F32-BB0305CB9BCE OocuSign Envelope ID: i 109A 1 �CDO--IDB0-810F-C3AA135AOOA77 -2•6 TROUBLE-CALUREPAIR SERVICE Sbould the City request the Contractor to make unscheduled, emergency•electrfcal system repairs, the City shall be responslble for labor and travel costs associated therewith. These costs, as llsted In lhe proposal, wlll be a critical part of the bid evaluation fn determining the lowest responsive and responslble contractor. Rates shall .,e firm for the term of the contract. The City reserves the right to contr•ct with others for trouble calls and reparrs.
2■7 BILLABLE WORK The Contractor shaH not blll for unnecessa,y repairs, for repairs th- were not completed satisfactorily, for repairs that did not fix an ldenHRed problem, or for faclllty visits that are made by staff unquanfted to complete needed repairs. 2-8 STAFFING, WORKMANSHIP AND QUALITY LEVEL The Cantrador shall provide a staffing level to pelfonn on•call plumbing maintenance and repair services at deslgnaled City facilllles In a thorough encl professlonal manner, ao &hat the City is provided with reliable and hlgt, quallty electrlcal mal ntenance at all times. The Contractor shall pOfisess and malntaln a C•36 Plumbing license by the Btate of ·Callfomla C0ntraclo11 Licensing Board through the tenn of the contract.. All personnel performing work under this Contract shall possess and maintain a state Journeyman cer1Ificatlon and be directly employed and supervised by the Contractor. Any assigned apprentice shall work directly under the supervision of a quallfled Joumev,nan. The Contractor shall provide management and technical supervision through competent supervisors as required. The Contractor shall be responsible .for the skills, methods and acUons of all employees, subcontractors and for all workdo,ae.
2■9 MAINTENANCE AND RePAIR LOCATIONS See Attachment A
2-10 TOOLS AND EQUIPMENT The Coniractor shall furnish and maintain ell equfpmeni necessary for property servicing and malntmlnlng plumblng systems In City bulldlngs. The City of Mor_gan HID reserves the right to Inspect equipment ao be used to perform services under this contract. Any equipment determined to be In poor condition must be replaced lmmedlatellt', at the contractor's expinse. Failure to provide sultable equipment for carrying out all requirements of this .ccmtract mar be grounds for termination.
2■11 PARTS AND MATERIALS The Contractor shmll fumlshaH parts and mattrlals necessary for properly maintaining and rtpai;Jng plumbing systems In City bulldlngs. Mark-up on parts and materials may not e:itceed 10% of Contr�ctor's costi IAY6Ices must ldentJfy the work performed, cost of labor, p2rts/nlat,rlals used. partslmaterlals cost. and parts/materlals mark-up cost. 2-12 INSPl:CT10NS AND REMEDIES So as to ensure consistenl quallty of the work being performed, lhe City Representative will perfonn periodic lnspecllons of plumbing systems to ensure compliance w11h the contract specifications. Inspections may be made �y the City at any Ume to confirm that work perfonned meets speclffcatlons. If comcOve work Is required, the City wm provldt a written list cif Items and the Contractor shall comact dellclencles as directed, If deftctenc1es are not corrected In a tlmely manner, the City mav perform the wol1< usln.1 others and deduct the cost frQm the Contractor!s payment.
2-13 DAMAGES The Contractor will be responlilble for 1111 damages to the facllltv or contents caused by Contractor. their ataff qr 1ubconlractors during the performance of their duties. 2•14 SAfETY & &eCURJTY The Contractor and staff shall follow all establlshed smfety proceduves and shall take 11pec111I eare not to endanger the publh; In any way. The Contractor Is responsible for 'the security of all doors zt the concluslon of wortc In each room. Al •Jttertor doon should remain

DocuSign Envelope ID: 1A45C690-2949-47B5-9A64-1CE2EC6E1077 OocuSign Envelope ID: C1861CBS-580D-4CC2-A9E2-C122C6739336 DocuSlgn Envelope ID: 604AC02A-C070-4808·9F32-BB0305CB9BCE OocuS1gn En�etope ID: 6109A1 D9-4COD-4080-B1 OF-C3AA85AODA77 locked st all tlme&. Interior doors that are found open or unlocked shall be left In th& s,ame �oalllonfcondltlon In which they were found.
2•15 EMERGENCY S111JATJONS For medical or public safety emergencies occurrrng at Che Facllllles call 9-1•1. For all bulldlng malnlenance emer;encles (waler leaks, etc.) conlacttht Malnlanance Manager or daslgnaled st;ff to repo,t the Issue Immediately (24-hours/day).

ATTACHMENT A

MUNICIPAL FACILITIES LOCATIONS
PWMBING SYSTEMS TO BE MAiNTA1NED AT lHESE LOCATIONS
BUILDING/FACILITY ADDflESS SQUARE FOOTAGE
Aquatics Center (office area) 16200 Condit Road 5,294
Centennlail Recreation Center 17t West Edmundson Avenue 25,135 City Hall 11575 Peak Avenue 13,900
Community and Cultural Center and Playhouse 17000 Montere1 Road 20,500; 51000 Future Community Garden Railroad Avenue
Chambars Bulldlng 11555 P•* A'linua 12,104
El Toro Youth Center 17120 Crest Avenue 3,800
Boys and Glrls Club 176811 Crest Avenue 3,168
Outdoor Sports Center 1&500 Condit Road 2,800
Pal\ce Department 16200 Vineyard Boulevard 43,286
Publlo Works Corporation Yard 100 Edes Court 4,588
The ViNms 535 Alkire Avenue 4,500
Dunne HIii FJre Station 2100 East Dunne Avenue
El Toro Fire StaUon 18300 Old Monterey Road
All other parks and City•owned properties

DocuSign Envelope ID: 1A45C690-2949-47B5-9A64-1CE2EC6E1077 DocuSign Envelope ID: C1861CB5-580D-4CC2-A9E2-C122C6739336 DocuSign Envelope ID: 604AC02A-C070--4808-9F32-8B0305CB9BCE OocuSign Envelope 10: 6109A109-4COD-40B0·810F-C3AA85AOOA77

EXHIBITS
SCHEDULE OF COMPE.tfSATION AAlES
Shop Rate for Plumblng Services (Apprenuce): $145 per hour Shop Rate aor Plumbing Services (Journeyman): $185 per hour .Over11me Rate for Prumblng Services (Apprentice): $210 per hour Ovl;!rtlme Raie for Plumbing Servlc:es. (Journeymen): $2&0 per hour Saturday, Sunday·and Holiday Rate {Appren\111:•): $210 per hour Saturday, Sunday and Hollday Rale (Joumeyman): $260 par hour

DocuSign Envelope ID: 1A45C690-2949-4785-9A64-1CE2EC6E1077 DocuSlgn Envelope ID: C1861CB5-580D-4CC2-A9E2-C122C6739336 DocuSign Envelope ID: 604AC02A-CD70-48D8-9F32-8B0305CB9BCE DocuSlgn Envelope 10: 61 D9A1O9--4CID-4D80-81 0F-C3AA86AOOA7i EXHIB\TC

GCHEOULE OF PERFORMANCE
Services to be scheduled on an on-caH basis with City Maintenance Staff 17 Uod11td: July Z018

4 CITY COUNCIL STAFF REPORT
MEETING DATE: June 18, 2025
PREPARED BY:

Yat Cho, Senior Project Manager
APPROVED BY: City Manager

APPROVE CONSULTANT AGREEMENTS WITH ACHIEVEMENT
ENGINEERING CORPORATION AND TWINING, INC., IN THE AMOUNT OF $750,000 EACH FOR ON-CALL GENERAL COMPACTION TESTING AND

SPECIAL INSPECTION SERVICES FOR VARIOUS CAPITAL IMPROVEMENT

PROGRAM PROJECTS

RECOMMENDATION(S)
Approve and authorize the City Manager to execute and administer agreements to provide oncall general compaction testing and special inspection services for various Capital Improvement Program Projects with Achievement Engineering Corporation and Twining, Inc. in the amount of $750,000 each for three year terms.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
2024-2025 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
Morgan Hill 2035 General Plan
Public Safety Master Plan
Storm Drain Master Plan
Water System Master Plan
Wastewater System Master Plan
REPORT NARRATIVE:

On June 19, 2024, the City Council adopted the FY2024-25 through 2029-30 Capital Improvement Program (CIP) Budget. Most of these CIP projects will require on-call compaction testing and/or special inspection to ensure construction standards are met, and proper oversight is provided throughout the project's duration. The City has numerous capital projects planned over the next three years within the City's Capital Improvement Program, including some very large utility projects, which will necessitate support from consultants in this area. The current on-call agreements for compaction testing and special inspection will

4 expire by June 30, 2025 and staff are requesting the approval of these agreements for a threeyear term starting from July 1, 2025 through June 30, 2028.

In April, staff sent out a Request for Proposal (RFP) to provide compaction testing services and special inspection on an as-needed basis for the City's CIP projects. Eight proposals were received by May 9, 2025. The proposals were evaluated by a two-member selection committee through the following evaluation criteria: firm's qualifications, understanding and meeting the RFP's Objectives, and other factors such as proximity to the City of Morgan Hill and familiarity with the City of Morgan Hill.

Out of the eight proposals, three proposals were originally selected based on their expertise in the field of compaction testing and special inspection to handle the various Capital Improvement Program Projects. City staff has prepared consultant agreements for approval with two of the three firms selected (Achievement Engineering Corporation and Twining, Inc.).

The third firm selected, Engeo, Inc., is in discussion with the City Attorney's office on contract requirements. Should the issue with the contractor requirements be resolved, City staff may return to Council with a recommendation to execute a contract with Engeo, Inc. The scores for the eight proposals are as listed below:

Twining,
Inc.

Achievement
Engineering
Corp
Engeo,
Inc.

Ninyo
&
Moore
SmithEmeryConstruction
Testing
Services
Intertek
Professional
Services
Industries,
Inc.

Apex Testing
Laboratories,
Inc.

Firm
Qualifications
(10 Points)

9.5 9 9 9 8.5 8.5 6.5 6
Understanding
and Meeting
RFP Objective
(10 Points)
9 9.5 8.5 9 8 8 7.5 6
Other Factors
(10 Points)

9.5 9 9.5 8.5 9 8.5 7.5 7
Total Max
Points (30
Points)
28 27.5 27 26.5 25.5 25 21.5 19
Staff recommends the approval of a consultant agreement with Achievement Engineering Corporation in the amount of $750,000, and Twining, Inc. in the amount of $750,000 for threeyear terms starting July 1, 2025 through June 30, 2028.

COMMUNITY ENGAGEMENT:

Compaction testing and special inspections for various Capital Improvement Program Projects are a necessary part of any construction project for oversight and compliance. Each individual Capital Improvement Project that affects businesses and residents will be notified through media, social media, and City website.

4 ALTERNATIVE ACTIONS:

City Council may limit the approval of these agreements or direct staff to perform another RFP for this service.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On June 19, 2024, the City Council adopted the FY2024-25 through 2029-30 Capital Improvement Program Budget.

FISCAL AND RESOURCE IMPACT:

Funding for these agreements will be from various Capital Improvement Projects as included in the adopted Capital Improvement Program Budget.

CEQA (California Environmental Quality Act):

Not a Project
The agreements are not considered projects and any individual projects in the Capital Improvement Program shall be reviewed under CEQA.

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CONSULTANT AGREEMENT FOR DESIGN PROFESSIONALS

ACHIEVEMENT ENGINEERING CORPORATION
THIS AGREEMENT is entered into and becomes effective on _______________ (Effective Date), by and between the CITY OF MORGAN HILL, a municipal corporation, ("CITY"), and ACHIEVEMENT ENGINEERING CORPORATION a California corporation ("CONSULTANT") hereinafter referred to collectively as “Parties.” In consideration of the promises and the mutual covenants contained in this Agreement, the Parties agree as follows:

1. City Authority. This Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on _____________, ____, 20___.

2. Term of Agreement. This Agreement shall cover services rendered from the Effective Date of this Agreement until June 30, 2028 at which time CONSULTANT’S services shall be completed. The City Manager is authorized to extend the term of this Agreement provided the compensation does not exceed the City Manager's authority pursuant to Chapter 3.04 of the Morgan Hill Municipal Code, unless otherwise authorized by City Council. Any such extension shall be in writing and signed by both Parties to this Agreement.

3. Scope of Service. The services to be performed by CONSULTANT shall be on-call compaction testing and special inspection for various Capital Improvement Program (CIP) Projects as further described in Exhibit A.

4. Compensation. CONSULTANT shall be compensated as follows:

4.1. Amount. $750,000.00. Total compensation to CONSULTANT under this Agreement during its initial term set forth in Section 2 above shall not exceed Seven-Hundred-FiftyThousand-Dollars and shall be billed based on the rate and basis set forth in Exhibit B. If the City Manager extends the term of this Agreement pursuant to the provisions of Section 2 above, the City Manager shall have the authority to increase the maximum compensation allowed to be paid to CONSULTANT, so long as City Council has appropriated sufficient funds therefor, the Parties mutually agree to such amount in a writing signed by both Parties to this Agreement, and provided further that in no event shall such maximum compensation allowed for the term exceed the City Manager's authority pursuant to Chapter 3.04 of the Morgan Hill Municipal Code, unless otherwise authorized by City Council.

4.2. Billing. CONSULTANT shall provide CITY with an invoice containing the dated, detailed, and itemized descriptions of all services performed and expenses incurred (if such expenses are reimbursable pursuant to Exhibit B) by CONSULTANT on a monthly basis unless otherwise specified in Exhibit B. All invoices shall be sent to the CITY addressed to the department head or project manager identified below in Section 13 Notices. Any rate charged shall be prorated where services are interrupted or not provided for any rate period (for example, any monthly rate charge should be prorated when services were interrupted or provided for only part of the month). For services billed on an hourly rate, the minimum unit of billed time shall not exceed one tenth of one hour. CITY shall pay for services and expenses (if so provided in Exhibit B) up to the limit of compensation set forth above, that in the CITY’S judgment were necessary and reasonable. Services for work performed and expenses incurred in excess of the total compensation set forth in paragraph 4.1 above shall be at no cost to CITY.

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5. Termination. CITY or CONSULTANT shall have the right to terminate this Agreement, without cause, by giving thirty (30) days' written notice or less under urgent circumstances. Upon such termination, CONSULTANT shall submit to CITY an itemized statement of services performed for which compensation has not been paid. CITY may require CONSULTANT to complete certain work product or documents and CONSULTANT shall deliver to CITY all documents in its possession without additional compensation to CONSULTANT. The City Manager of CITY is authorized to terminate this Agreement, in whole or in part, on behalf of CITY.

5.1. Non-Appropriations. Notwithstanding anything contained in this Agreement to the contrary, if insufficient funds are appropriated, or funds are otherwise unavailable in the budget for CITY for any reason whatsoever in any fiscal year, for payments due under this Agreement, CITY will immediately notify CONSULTANT of such occurrence, and this Agreement shall terminate after the last day during the fiscal year for which appropriations shall have been budgeted for CITY or are otherwise available for payments.

6. Performance of Work. CONSULTANT represents that it is qualified by virtue of experience, training, education, and expertise to accomplish these services. Services shall be performed by CONSULTANT in accordance with professional practices in a manner consistent with a level of care, competence and skill exercised by qualified members of the CONSULTANT’S profession. By delivery of completed work, CONSULTANT certifies that the work conforms to the requirements of this Agreement and all applicable federal, state, and local laws. CONSULTANT shall perform all work and services under this Agreement in conformance with the time schedule set forth on Exhibit C, "Schedule of Performance," attached hereto and incorporated herein by this reference. CITY'S City Manager is authorized on behalf of CITY to modify the timeframes set forth on the Schedule of Performance within the term of this Agreement. If CONSULTANT desires to leave or store any of CONSULTANT’S equipment at a CITY site while CONSULTANT is performing work or service pursuant to this Agreement, CONSULTANT will first obtain the consent of CITY'S City Manager, or his/her delegate, to do so, and any such storage shall occur only in the manner and location allowed by such CITY official and entirely at CONSULTANT’S sole risk.

7. Insurance Requirements. CONSULTANT shall procure and provide proof of the insurance coverage required by this section in the form of certificates and endorsements. The required insurance must cover the activities of CONSULTANT, including its subcontractors, employees, and agents, relating to, or arising from, the performance of any work or service under this Agreement, and must remain in full force and effect at all times during the period covered by this Agreement. The coverages may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or “umbrella” policies, provided each such policy complies with the requirements set forth herein. Any deductibles or self-insured retentions must be declared to and approved by City. CONSULTANT further understands that the CITY reserves the right to modify the insurance requirements set forth herein, with thirty (30) days’ notice provided to CONSULTANT, at any time as deemed necessary to protect the interests of the CITY.

7.1. Insurance Types and Amounts.

7.1.1. Commercial General Liability (CGL). CONSULTANT shall maintain CGL against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) one million dollars ($1,000,000.00) combined single limit for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S

3 Updated August 2024
combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

7.1.2. Automobile Liability. CONSULTANT shall maintain Automobile Liability covering all owned, non-owned and hired automobiles (if CONSULTANT does not own automobiles, then CONSULTANT shall maintain Hired/Non-owned Automobile Liability) against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) one million dollars ($1,000,000.00) combined single limit for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

7.1.3. Workers’ Compensation Insurance and Employer’s Liability. CONSULTANT shall maintain Workers Compensation coverage, as required by law, in the minimum amount of: (i) one million dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater. If CONSULTANT is selfinsured, CONSULTANT shall provide its Certificate of Permission to Self-Insure, duly authorized by the Department of Industrial Relations.

7.1.4. Pollution (Environmental) Liability. If the performance of CONSULTANT’S work or service under this Agreement involves hazardous materials, contaminated soil disposal, and/or a risk of accidental release of fuel oil, chemicals or other toxic gases or hazardous materials, CONSULTANT shall procure and maintain Pollution Liability covering the CONSULTANT’S liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs arising out of the work or services to be performed under this Agreement.

Coverage shall be provided for both work performed on site, as well as during the transport of hazardous materials. Such coverage shall be in the minimum amount of: (i) one million dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

7.1.5. Professional Liability.

7.1.5.1. If the performance of CONSULTANT’S work or service under this Agreement involves professional and/or technical services (examples include, but are not limited to, architects, engineers, land surveyors, and appraisers), CONSULTANT shall procure and maintain either a claims made or occurrence Errors and Omission liability insurance in the minimum amount of: (i) one million dollars ($1,000,000.00) each claim, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater. Further, if CONSULTANT maintains a claims-made policy, CONSULTANT shall provide written evidence of such insurance to the CITY for at least five (5) years after the completion of work performed under this Agreement.

4 Updated August 2024

7.1.5.2. If the performance of CONSULTANT’S work or service under this Agreement relates to Information Technology or related services (examples include, but are not limited to computer programmers, software designers, hardware engineers, or other systems consultants), CONSULTANT shall procure and maintain a claims made Errors and Omission liability insurance, including Cyber Liability and Data Breach, in the minimum amount of: (i) one million dollars ($1,000,000.00) each claim, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

7.1.6. Sexual Abuse/Molestation Liability (SML): If the performance of CONSULTANT’S work or service under this Agreement involves contact with minors, CONSULTANT shall procure and maintain Sexual Abuse and Molestation insurance in the minimum amount of: (i) two hundred thousand dollars ($200,000.00) each claim, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

7.2. Endorsements. CONSULTANT shall provide proof of the following endorsements, listed for each policy for which endorsements are required, as outlined below:

7.2.1. General Liability and pollution liability (when pollution liability applies).

7.2.1.1. “Additionally Insured” - The City of Morgan Hill, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers are named as additional insureds on a form at least as broad as ISO Form CG 20 10 for ongoing operations.

7.2.1.2. “Waiver of Rights of Subrogation” - The insurer waives the right of subrogation against the City of Morgan Hill and CITY’S elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers; and

7.2.1.3. “Primary and Non-Contributing” - Insurance shall be endorsed to be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20

01. 7.2.2. Workers Compensation.

If the performance of CONSULTANT’S work or service under this Agreement involves access to or activity on any property or premises owned or occupied by the CITY, including, but not limited to, CONSULTANT’S presence during site visits and meetings, then insurer waives the right of subrogation against the City of Morgan Hill and the CITY’S elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers.

7.3. Qualification of Insurers. All insurance required pursuant to this Agreement must be issued by a company licensed and admitted, or otherwise legally authorized to carry out insurance business in the State of California, and each insurer must have a current A.M.

Best's financial strength rating of “A” or better and a financial size rating of “VII” or better.

5 Updated August 2024

7.4. Certificates. CONSULTANT shall furnish CITY of Morgan Hill with copies of all certificates as outlined herein, whether new or modified, promptly upon receipt. In the event of a claim or legal action, CONSULTANT shall promptly furnish CITY of Morgan Hill with copies of all policies outlined herein. No policy subject to the CONSULTANT’S agreement with the CITY shall be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY. A "material change" is a change that results in noncompliance with any insurance requirements in this section 7. Certificates, including renewal certificates, may be mailed electronically to [email protected] or delivered to the Certificate Holder address provided herein.

Certificate Holder address:

City of Morgan Hill
Attn: Risk Management
17575 Peak Avenue
Morgan Hill, CA 95037

8. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable for any default or liability under this Agreement.

9. Compliance with Law.

9.1. CONSULTANT and its officers, employees, agents, and subcontractors shall comply with all applicable laws, ordinances, administrative regulations, and permitting requirements in carrying out their obligations under this Agreement. CONSULTANT and its officers, employees, agents, and subcontractors covenant there shall be no discrimination based upon any basis prohibited by State or Federal law, including but not limited to, race, color, creed, religion, gender, marital status, age, sexual orientation, national origin, mental disability, physical disability, medical condition, or ancestry, in any activity pursuant to this Agreement.

9.2. Compliance with Wage and Hour Laws: Consultant, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state, and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act and the California Labor Code.

Final Judgments, Decisions, and Orders: For purposes of this Section, a “final judgment, decision, or order” refers to one for which all appeals have been exhausted or the time to appeal has expired. Relevant investigatory government agencies include: the federal Department of Labor, the California Division of Labor Standards Enforcement, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.

Prior Judgments against CONSULTANT and/or its Subcontractors: BY SIGNING THIS

AGREEMENT, CONSULTANT AFFIRMS THAT IT HAS DISCLOSED ANY FINAL

JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY FINDING – IN THE FIVE (5) YEARS PRIOR TO EXECUTING THIS AGREEMENT – THAT CONSULTANT OR ITS SUBCONTRACTOR(S) HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONSULTANT FURTHER

AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS SATISFIED AND COMPLIED WITH – OR HAS REACHED AGREEMENT WITH THE CITY REGARDING THE

6 Updated August 2024
MANNER IN WHICH IT WILL SATISFY – ANY SUCH JUDGMENTS, DECISIONS OR ORDERS.

Judgments or Decisions During Term of Contract: If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that CONSULTANT or an subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or CONSULTANT learns of such a judgment, decision, or order that was not previously disclosed, CONSULTANT shall inform the City Attorney, no more than fifteen (15) days after the judgment, decision or order becomes final or of learning of the final judgment, decision, or order.

CONSULTANT and its subcontractors shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the City Attorney with documentary evidence of compliance with the final judgment, decision, or order within five (5) days of satisfying the final judgment, decision, or order. The City reserves the right to require CONSULTANT to enter into an agreement with the City regarding the manner in which any such final judgment, decision, or order will be satisfied.

City’s Right to Withhold Payment: Where CONSULTANT or any subcontractor it employs to perform work under this Agreement has been found in violation of any applicable wage and hour law by a final judgment, decision or order of a court or government agency, the City reserves the right to withhold payment to CONSULTANT until such judgment, decision or order has been satisfied in full.

Material Breach: Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.

Notice to City Related to Wage Theft Prevention: Notice provided to the City Attorney as required under this Section shall be addressed to: City Attorney, City of Morgan Hill, 17575 Peak Avenue, Morgan Hill, CA 95037. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.

10. Independent Contractor. CONSULTANT is an independent contractor and not an agent or employee of CITY.

11. Confidentiality. All data, documents, or other information received by CONSULTANT from CITY or prepared in connection with CONSULTANT’S services under this Agreement are deemed confidential and shall not be disclosed to any third party by CONSULTANT without prior written consent by CITY.

12. Conflict of Interest and Reporting. CONSULTANT shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement including, without limitation, complying with California Government Code section 1090 et seq., the California Political Reform Act (California Government Code section 87100 et seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et seq.). CONSULTANT will further comply, and will ensure that its agents and its subcontractors comply, with California Government Code section 84308 (“Levine Act”) and the applicable regulations of the Fair Political Practices Commission concerning campaign disclosure (2 California Code of Regulations sections 18438.1 – 18438.8).

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13. Notices. All notices shall be personally delivered or mailed, via first class mail to the below listed address. These addresses shall be used for delivery of service of process. Notices shall be effective five (5) days after date of mailing, or upon date of personal delivery.

Address of CONSULTANT is as follows:

ACHIEVEMENT ENGINEERING CORPORATION
1145 S. Third Street
San Jose, CA 95112
Address of CITY is as follows:

Yat Cho
Senior Project Manager
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
with a copy to:

City Clerk
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037

14. Licenses, Permits and Fees. CONSULTANT shall obtain a City of Morgan Hill Business License, all permits and licenses to the extent required by ordinances, codes, and regulations of the federal, state, and local government.

15. Consultant's Proposal. If applicable, this Agreement shall include CONSULTANT'S proposal or bid which is incorporated herein. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

16. Maintenance of Records.

16.1. Maintenance. CONSULTANT shall prepare, maintain, and preserve all reports and records that may be required by federal, state, and CITY rules and ordinances related to services provided under this Agreement. CONSULTANT shall maintain records for a period of at least 3 years after receipt of final payment under this Agreement. If any litigation, claim, negotiation, audit exception, or other action relating to this Agreement is pending at the end of the 3-year period, then CONSULTANT shall retain said records until such action is resolved.

16.2. Access to and Audit of Records. The CITY shall have the right to examine, monitor and audit all records, documents, conditions, and activities of the CONSULTANT and its subcontractors related to services under this Agreement. Pursuant to Government Code Section 8546.7, if this Agreement involves the expenditure of public funds in excess of $10,000, the Parties to this Agreement may be subject, at the request of the CITY or as part of any audit of the CITY, to the examination and audit of the State Auditor pertaining to matters connected with the performance of this Agreement for a period of three years after final payment under the Agreement.

16.3. Ownership of Work Product. All documents or other information developed or received by CONSULTANT for work performed under this Agreement shall be the property of CITY. CONSULTANT shall provide CITY with copies of these items upon demand or upon termination of this Agreement.

17. Familiarity with Work. By executing this Agreement, CONSULTANT represents that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all

8 Updated August 2024
conditions there; and (3) it understands the difficulties and restrictions of the work under this Agreement.

Should CONSULTANT discover any conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY and shall not proceed, except at CONSULTANT'S risk, until written instructions are received from CITY.

18. Time of Essence. Time is of the essence in the performance of this Agreement.

19. No Assignment. Neither this Agreement nor any portion shall be assigned by CONSULTANT, without prior written consent of CITY. Any attempted assignment not first approved by CITY shall be void and, at CITY'S option, shall terminate this Agreement effective as of the date of such attempted assignment.

20. Attorney Fees. In any legal action, dispute or arbitration arising out of or relating to this Agreement, the prevailing party shall be entitled to an award of its reasonable attorney fees, costs and expenses incurred.

21. Defense and Indemnification.

21.1. Defense and Indemnification for Design Professional Services. Consistent with California Civil Code Section 2782.8, for design professional services to be performed under this agreement by a design professional, as that term is defined under said Section 2782.8, CONSULTANT shall, to the fullest extent permitted by law, indemnify, defend and hold harmless CITY, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers (“INDEMNITEES”) from and against any and all claims, liabilities, expenses, liens, or damages of any nature, including liability for bodily injury, property damage or personal injury, and including reasonable attorneys' fees and expenses, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, and/or its agents, officers, employees, subcontractors, or independent contractors in performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement (“CLAIM”) to the extent of CONSULTANT’S proportionate percentage of fault.

21.2. Defense and Indemnification for Non-Design Professional Services. For all services performed under this agreement not covered by Section 21.1 above, CONSULTANT shall, to the fullest extent permitted by law, indemnify, defend and hold harmless CITY, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers (“INDEMNITEES”) from and against any and all claims, liabilities, expenses, liens, or damages of any nature, including liability for bodily injury, property damage or personal injury, and including reasonable attorneys' fees and expenses, that arise out of, pertain to, or relate to the performance of this Agreement or the failure to comply with any obligations contained in this Agreement by CONSULTANT, and/or its agents, officers, employees, subcontractors, or independent contractors (“CLAIM”).

21.3. Exceptions. CONSULTANT is not required to indemnify INDEMNITEES against liability for bodily injury, property damage or personal injury, or any other loss, damage or expense arising from the sole negligence, active negligence, or willful misconduct of the CITY.

21.4. Not limited by insurance. The indemnity, defense and hold harmless provisions of this Agreement apply to all CLAIMS alleged against an INDEMNITEE, regardless of whether

9 Updated August 2024
any insurance policies are applicable. Policy limits do not act as a limitation upon the amount of indemnification or defense to be provided by CONSULTANT.

21.5. Right to Offset. CITY shall have the right to offset against any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’S failure to pay CITY promptly any indemnification arising under this Section (21) and any amount due CITY from CONSULTANT arising from CONSULTANT’S failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.

21.6. Interpretation. This Section shall constitute an agreement or contract of indemnity, incorporating the interpretations under California Civil Code Section 2778. It is expressly understood and agreed that the obligation of the CONSULTANT to indemnify the INDEMNITEE shall be as broad and inclusive as permitted by the laws of the State of California and shall survive termination of this Agreement.

22. Entire Agreement; Modification; Conflicting Provisions. This Agreement constitutes the entire Agreement between the Parties and supersedes any previous agreements, oral or written. This Agreement may be modified, or provisions waived, only by a subsequent mutual written agreement executed by CITY and CONSULTANT. If the provisions contained in the main body of this Agreement conflict with any provision contained in an exhibit to this Agreement, the provisions of the main body of this Agreement shall govern and control over any provision contained in an exhibit to this Agreement.

23. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California. This Agreement was entered into and is to be performed in the County of Santa Clara. Any action or dispute arising out of this Agreement shall only be brought in Santa Clara County.

24. Interpretation. This Agreement is a negotiated document and shall be deemed to have been drafted jointly by the Parties, and no rule of construction or interpretation shall apply against any particular Party based on a contention that the Agreement was drafted by one of the Parties including, but not limited to, California Civil Code § 1654, the provisions of which are hereby waived. This Agreement shall be construed and interpreted in a neutral manner.

25. Notice of Security and/or Privacy Incident. If CONSULTANT, or its subconsultant, suspect, discover or are notified of a data security incident or potential breach of security and/or privacy relating to CITY PII, PHI and/or PCI, CONSULTANT shall immediately, but in no event later than forty-eight (48) hours from suspicion, discovery or notification of the incident or potential breach, notify CITY of such incident or potential breach. CONSULTANT shall, upon CITY’s request, investigate such incident or potential breach, inform the CITY of the results of any such investigation, and assist the CITY in maintaining the confidentiality of such information. In addition to the foregoing, CONSULTANT shall provide CITY with any assistance necessary to comply with any state and/or federal laws requiring the provision of notice of any privacy incident or security breach with respect to any CITY PII, PHI and/or PCI to the affected or impacted individuals and/or organizations, in addition to any notification to applicable state and federal agencies. CONSULTANT agrees that it shall reimburse CITY for all expenses, costs, attorneys’ fees, and resulting fines, penalties, and damages associated with such incident, breach, investigation and/or notification.

26. Preservation of Agreement. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.

10 Updated August 2024

27. Binding Agreement. Notwithstanding the provisions of Section 19 above, this Agreement shall bind any and all successors in interest, legal representatives and/or other permitted assignees or transferees of CONSULTANT in the same manner as if those successors in interest, legal representatives or other permitted assignees or transferees had entered into this Agreement originally.

28. ☐ Data Sharing. This Agreement requires access by CONSULTANT to CITY’S Geographic Information System (GIS) DATA for CONSULTANT to perform the work. CITY agrees to provide the GIS DATA to CONSULTANT solely for the purpose of performance of contracted work with the CITY upon the terms and conditions specified in Exhibit D, incorporated herein by this reference.

29. Electronic Signatures. Unless otherwise prohibited by law or CITY policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the CITY.

30. Counterpart Signatures. This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. ///
///
[Signatures on Next Page]

11 Updated August 2024

31. Authority to Execute. Those individuals who are signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

IN WITNESS THEREOF, these Parties have executed this Agreement on the day and year shown below.

AS SET FORTH IN CA. CORP. CODE § 313, TWO SIGNATURES ARE REQUIRED FOR CALIFORNIA CORPORATIONS:
(1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER.

ATTEST: CITY OF MORGAN HILL
City Clerk/Deputy City Clerk City Manager
Michelle Bigelow Christina J. Turner
Print Name Print Name
Date: Date:

APPROVED AS TO FORM: ACHIEVEMENT ENGINEERING

CORPORATION
Donald A. Larkin
City Attorney By:

Print Name
Date:

Print Name and Title of Signer.

If Corporate: Chairman, President or Vice
President
Date:

By:

Date:

Print Name and Title of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer
U:\Legal Forms\Consultant Agreements\City Services Agreement For Design Professionals.Docx 05/30/2025
Arash Firouzjaei - President
Arash Firouzjaei - President
05/30/2025

12 Updated August 2024

EXHIBIT A

SCOPE OF SERVICES
On-Call Compaction Testing and Special Inspection for various Capital Improvement Program (CIP) Projects

RFP GENERAL CONSTRUCTION TESTING SERVICES
APRIL 2025
13 Updated August 2024

EXHIBIT B

SCHEDULE OF COMPENSATION RATES
A. Response Time and Job Presence:

The consultant shall provide construction testing services within 48 hours of request by the City Project Manager or designated representatives. Technicians will be expected to remain at the jobsite for as long as needed to perform the testing or as directed by City Project Manager.

B. List of Tasks and Special Inspection Services:

Allservicesshown below for the Contract Inspectorshall provide fully typed reports (2 copies minimum) verifying and detailing results of inspections and/or tests.

Inspection including compaction testing A/C and Soil/Sampling, A/C Placement $ 98 /HR
Steel Inspection $ 98 /HR
Concrete Inspection $ 98 HR
Welding Inspection $ 98 HR
Moisture Density Curve per ASTM $ 250 EA
Sieve Analysis $ 180 EA
R Value $ 500 EA
A/C Unit Wt. $ 280 EA
Concrete Cylinders/Compression Test $ 175 EA Set

FEE SCHEDULE
Item# Price Unit
POS1 $275 /hour
POS2 $275 /hour
POS3 $275 /hour
POS4 $275 /hour
POS5 $231 /hour
POS6 $198 /hour
POS7 $176 /hour
POS8 $132 /hour
POS9 $105 /hour
POS11 $193 /hour
POS12 $231 /letter
POS13 $693 /letter
POS14 $1,155 /letter
POS15 $1,760 /letter
POS16 $341 /each
POS17 $770 /each
POS18 $165 /hour
POS19 $132 /hour
Price Unit
INS1 $149 /hour
INS2 $131 /hour
INS3 $131 /hour
INS4 $131 /hour
INS5 $131 /hour
INS6 $138 /hour
INS7 $162 /hour
INS8 $131 /hour
INS9 $162 /hour
INS10 $131 /hour
INS11 $171 /hour
INS12 $162 /hour
INS13 $220 /hour
INS14 $105 /hour
INS15 $138 /hour
INS16 $220 /hour
INS17 $341 /hour
INS18 $147 /hour
Price Unit
EQP1 $11 /hour
EQP2 $11 /hour
EQP3 $35 /hour
EQP5 $44 /hour
EQP6 $44 /hour
EQP7 $44 /hour
EQP8 $31 /hour
EQP9 $22 /hour
EQP10 $83 /hour
EQP11 $17 /hour
EQP12 $17 /hour
EQP13 $77 /hour
EQP14 $33 /hour
EQP15 $33 /hour
EQP16 $25 /hour
EQP17 $83 /each
EQP19 $110 /hour
EQP20 $47 /hour
EQP21 $33 /hour
ASTM AASHTO CTM Price Unit
CONC1 C39 T22 521 $55 /each
CONC2 C42 T24 - $66 /each
CONC3 C138 T121 518 $61 /each
Staff Engineer
Drafting
Administrative
Review of Welding Documents (WPS)
Field Inspection Review & Preparation of Letter (up to 3 visits) Final Inspection Affidavit (up to 20 visits)
Professional & Office Staff
Project Principal
Geotechnical Engineer (G.E.)
Certified Engineer Geologist (C.E.G.)
Registered Professional Engineer
Project Manager
Principal Engineer
Inspections
Field Supervisor - Site Visit
Special Inspection (Concrete, Post Tension, Masonry, Fireproofing) Special Inspection (Retrofit Epoxy, Expansion Bolt, Proof Load Test) Special Inspection (Soil, Segmental Retaining Wall, Asphalt) Special Inspection (Structural Steel and High-Strength Bolting) ICC Final Inspection Affidavit (up to 50 visits)
Final Inspection Affidavit (up to 100 visits)
Concrete / Shotcrete / Grout Mixed Design Review – Calculations Only Welder Qualification (each position)
Laboratory Supervisor
Laboratory Technician
NDT Level ΙΙ (UT, MT, PT)
NDT Level ΙΙΙ
Pickup & Delivery of Samples
Structural Steel Material Verification
CASp/ADA Inspection
Concrete Core Drilling (Two-man Crew)
Special Inspection (Structural Steel Welding) AWS and ICC Special Inspection (Structural Wood, Shear Wall Nailing) Concrete Slump & Sampling
Special Inspection (DSA Masonry - DSA Shotcrete)
Material Sampling from Field
NACE Level II
MT
PT
Nuclear Gauge
Sand-cone
Core Drilling Machine
Torvane
SI - CalGreen
Exploratory & Field Testing Equipment
Schmidt Hammer
Torque Test
Pull Test
UT
Skidmore
High-Strength Bolts Torque Wrench
Laboratory Tests Description
Concrete
Concrete Compressive Strength Test
Concrete Drilled Core Compressive Strength Test with Preparation Pocket Penetration
Concrete Scanning
Spray Fireproofing
Paint Intumescent Device
Moisture Measurement for Slab per Kit
I-Pile Integrity Tester
Fire Protection Coat
Unit Weight of Concrete
1145 S. Third St., San Jose, CA 95112
Ph: (408) 217-9174 | Fax: (408) 217-9632 | www.achieveng.com B-13c

FEE SCHEDULE
CONC4 C78 - 523 $77 /each
CONC5 C1140 - - $77 /each
CONC6 C94 - - Quote /each
CONC7 - - - $55 /each
CONC11 Coring / Evaluation of Pre-Constructions Panel (3 cores; Rebar # 3 to 7) - - - $1,430 /panel CONC12 - - - Quote /panel
CONC13 Quote /panel
MASN1 C140 - - $1,430 /set
MASN2 C109 T106 - $55 /each
MASN3 C780 - 515 $55 /each
MASN4 C1019 - - $55 /each
MASN5 C1314 - - $308 /each
MASN8 Title 24 - - $101 /each
MASN9 Title 24 - - $152 /each
SOIL1 D6913 T88 202 $154 /each
SOIL2 D6913 T88 202 $242 /each
SOIL3 D7928 T99 216 $253 /each
SOIL5 D1557 T180 216 $341 /each
SOIL6 D1557 T180 216 $407 /each
SOIL7 D1140 T11 - $101 /each
SOIL8 D2844 T190 301 $385 /each
SOIL9 D2435 T216 219 $583 /each
SOIL10 D2216 T265 226 $44 /each
SOIL11 D4829 T190 - $506 /each
SOIL12 D4318 T87 - T89 - T90 204 $297 /each
SOIL14 D2487 - - $495 /each
SOIL15 D7263 T99 - T180 - $50 /each
SOIL19 D2166 T208 - $80 /each
SOIL20 D1633 T38 - $80 /each
SOIL21 D1633 - - $224 /each
SOIL22 D2850 T296 230 $171 /each
SOIL23 D2850 T296 230 $286 /each
SOIL24 D4767 T297 230 $308 /each
SOIL25 D4767 T297 230 $605 /each
SOIL27 D1883 T193 - $670 /each
SOIL30 D4327 - 417 $132 /each
SOIL34 - - 643 $231 /each
SOIL35 D4972 T289 643 $58 /each
SOIL37 D2974 T267 - $138 /each
ASTM AASHTO CTM Price Unit
ASPH2 D4643 T329 370 $325 /each
ASPH3 D1188/D2726 T275 308 $66 /each
ASPH4 D2041 T209 309 $253 /each
ASPH5 D6307 - 382 $429 /each
ASPH6 D6307 - 382 $429 /each
ASPH7 D5160 - 366 $530 /each
ASPH9 D5444 - - $248 /each
ASTM AASHTO CTM Price Unit
AGG1 C136 T27 202 $341 /each
AGG2 C136 T27 202 $286 /each
AGG3 C126 T27 202 $528 /each
AGG4 C128 T84 208 $264 /each
AGG5 C117 - - $297 /each
AGG6 C566 T255 226 $50 /each
AGG7 C40 T21 213 $182 /each
AGG8 C88 104 214 $220 /each
AGG9 - - 227 $220 /each
AGG10 - - - $242 /each
AGG14 D2419 T176 217 $160 /each
AGG15 D3744 - 229 $264 /each
AGG16 D5821 T335 205 $264 /each
Coring / Evaluation of Pre-Constructions Panel (3 cores; Rebar above #11) Masonry
CMU Strength, Unit Weight, Absorption, Moisture content Compression Test, 2" Cube Non-Shrink Grout or Mortar
Compression Test, Mortar Cylinder (2" x 4")
Compression Test, Grout Prism (3" x 3" x 6")
Flexural Test per Beam
Shotcrete Panel Test Coring with Sample Preparation
Concrete Trial Batches
Storage Concrete Beyond 28 days
Coring / Evaluation of Pre-Constructions Panel (3 cores; Rebar # 8 to 11) Particle - Size Gradation of Fine - Grained Soils with Hydrometer Modified Proctor Compaction - 4" mold
Modified Proctor Compaction - 6" mold
No. 200 Mesh Wash Particle Size Analysis
Resistance R-Value & Expansion Pressure of Compacted Soils Consolidation Test
Compression Test, Masonry Prism
Shear Test, Masonry Core
Compression/Shear Test, Masonry Core
Soils
Full Sieve Particle Size Analysis with Wash
Full Sieve Analysis with Wash - Bulk Sieve (if gravely or > 10 lb.) Soil Cement
Soil Cement with Cast In Lab
Isotropic Triaxial Compression - UU (per point)
Isotropic Triaxial Compression - UU in Saturated Conditions (per point) Isotropic Triaxial Compression - CU (per point)
Isotropic Triaxial Compression - CU (per point) - pore pressure measurements Moisture Content
Expansion Index
Plasticity Index
Unified Soil Classification System
Moisture Content & Unit Weight (2.0" to 2.5" dia.)
Unconfined Compressive Strength
Moisture Content of Asphalt Mixture
Bulk Specific Gravity and Density of Compacted
Theoretical Maximum Specific Gravity & Density HMA (Rice) Asphalt Content by Ignition Method
Asphalt Content by Ignition Method - Correction Factor
ASPH7: Stabilometer Value (ASTM D1560 / CT 366)
California Bearing Ratio (CBR) - without Compaction Curve Chloride, Sulfate Ion Concentration
Minimum Resistivity of Soil
pH of Soils
Organic Content
Asphalt
No. 200 Mesh Wash Particle Size Analysis
Moisture Content
Organic Impurities in Fine Aggregate
Aggregate Soundness (Magnesium or Sodium Sulfate Soundness) Evaluating Cleanness of Coarse Aggregate 1" x #4
Los Angeles Abrasion 1.5" x 3/4"
Sieve Analysis of Extracted Aggregate
Aggregate
Gradation - Coarse Aggregate
Gradation - Fine Aggregate
Gradation - Combined Coarse and Fine
Specific Gravity, Absorption (Fine Aggregate)
Sand Equivalent
Aggregate Durability Index
Fractured Particles (Coarse Aggregate Angularity)
1145 S. Third St., San Jose, CA 95112
Ph: (408) 217-9174 | Fax: (408) 217-9632 | www.achieveng.com B-13c

FEE SCHEDULE
AGG18 D4791 - 235 $286 /each
AGG19 C1252 T304 234 $231 /each
AGG20 D4791 - 235 $286 /each
ASTM AASHTO CTM Price Unit
STL1 A370 - 670 $77 /each
STL2 A370 - 670 $99 /each
STL3 A370 - 670 $286 /each
STL4 A370 - 670 $77 /each
STL5 A370 - 670 $99 /each
STL6 A370 - 670 $286 /each
STL7 A370 - 670 $116 /each
STL8 A370 - 670 $242 /each
STL9 A370 - 670 $275 /each
STL10 A370 - 670 $429 /each
STL11 A1034 - 670 $385 /each
STL12 - - - $99 /hour
STL13 - - - $88 /each
STL14 A370 - - $66 /each
STL15 A370 - - $99 /each
STL16 A370 - 670 $61 /each
STL17 A370 - 670 $99 /each
STL18 A970 - - $99 /each
STL19 A970 - 670 $149 /each
STL20 - - 687 $303 /each
STL21 - - - $6 /each
ASTM AASHTO CTM Price Unit
MISC1 E605 - - $55 /each
MISC2
MISC3
MISC4 $187 /day
MISC5 $25 /each
MISC6 $50 /each
MISC7 $66 /hour
MISC8 $0.72 /mile
Rebar Tensile Test Up to #8
Rebar Tensile Test #9 to #11
Rebar Tensile Test #14
Rebar Bend Test Up to #8
Rebar Bend Test #9 to #11
Rebar Bend Test #14
Percentage of Flat & Elongated Particles in Coarse Aggregate Uncompacted Void Content of Fine Aggregates
Steel
Percentage of crushed particles
High-Strength Bolt, Nut & Washer for ASTM A325, A490 Skidmore Test AWS D1.1 - 3/8" Plate per Position (Tensile)
AWS D1.1 - 1" Plate per Position (Tensile)
AWS D1.1 - 3/8" Plate per Position (Bend)
AWS D1.1 - 1" Plate per Position (Bend)
Headed Bars Up to #8
Resistance Butt Welds Splices Up to #9
Resistance Butt Welds Splices #11 to #14
Mechanical Splices Up to #8
Mechanical Splices #9 to #14
7 Wires Strands
Sample Preparation
Mileage
At Cost + 20%
Outside Services At Cost + 20%
Per Diem (or at cost, if higher)
Notarized Doc Processing
Travel Time
Headed Bars #9 to #11
Headed Bars #14
Enviro-Recycling Fee
Miscellaneous
Spray-Applied Fireproof Density
Contract Labor
For Each Notary Stamp
1145 S. Third St., San Jose, CA 95112
Ph: (408) 217-9174 | Fax: (408) 217-9632 | www.achieveng.com B-13c

GENERAL CHARGES

1. 2.
-
-

3. -
-
-

4. 5.

6. -
-
-

7. 8.

9. 10.

11. 12.

13. ACHIEVENG requires two (2) business days' notice for scheduling inspectors and/or technicians.

Inspection charges start at the scheduled show-up time at the job site. All inspection hours will be billed in the following increments:

These rates and general charges are valid for one (1) calendar year from the date of receipt or for the duration of the agreement, whichever occurs the latest.

Mileage for travel outside of a thirty (30)-mile radius from the ACHIEVENG office will be charged per the rate in "Appendix B" considering the distance from the ACHIEVENG office to the job site.

There will be a minimum of a four (4)-hour charge for any ACHIEVENG employee present onsite. Therefore, any work time that is less than four (4) hours, will be billed as four (4) hours.

After the initial four (4) hours, for any time that an ACHIEVENG employee is still needed at a worksite, the work will be charged hour-by-hour up to a maximum of eight (8) hours.

Any work performed during the following windows will be billed at 1.5 times the unit rate:

Outside of the normal workday hours, 8:00 a.m. to 4:30 p.m. (Monday – Friday).

In excess of eight (8) hours per day during weekdays (Monday – Friday).

Up to eight (8) hours on Saturdays.

Work performed on Sundays, recognized holidays, or more than eight (8) hours on Saturdays will be billed at two (2) times the unit rate.

Charges are per inspection - NOT the number of inspectors at the site; the same qualified inspector may perform numerous inspections during their visit at the job site. CLIENT will be billed per inspection, as detailed in Item 2.

When the estimated quantities in the cost sheet are exceeded, the following will be charged:

Principal Engineer inspection hours will be billed at the rate of 3% of total billed hours.

Project Manager inspection hours will be billed at the rate of 8% of total billed hours.

Administration will be billed at the rate of 16% of total billed hours.

A 50% (fifty percent) surcharge will be applied for laboratory tests performed on Saturdays or Sundays.

Requests made by CLIENT for management attendance at meetings at the project site will be charged at standard rate.

Attending any meeting - such as Pre-construction Meetings, Progress Meetings, Hearing & Presentation Meetings - will be charged per attendee’s position rate as stated in "Appendix B" If the inspection has a discrepancy (failure), extra time has to be charged for Project Manager, Administrative, Special Inspector, or other position for communication and review of the correction. The minimum charges is a sequence of 30 minutes. Minimum of three (3) business days are required to review any received supplemental documents related to discrepancy.

In the case of a "No-Show" (when CLIENT or the representative is not at the site at the agreed scheduled date and time), a "No-Show" fee, per Item 2, will be applied.
1145 S Third St., San Jose, CA 95112
Ph: (408) 217-9174 | Fax: (408) 217-9632 | www.achieveng.com B-13c

14 Updated August 2024

EXHIBIT C

SCHEDULE OF PERFORMANCE
As needed Basis from July 1, 2025 to June 30, 2028

1 Updated August 2024

CONSULTANT AGREEMENT FOR DESIGN PROFESSIONALS
TWINING, INC.

THIS AGREEMENT is entered into and becomes effective on _______________ (Effective Date), by and between the CITY OF MORGAN HILL, a municipal corporation, ("CITY"), and TWINING, INC. a California corporation ("CONSULTANT") hereinafter referred to collectively as “Parties.” In consideration of the promises and the mutual covenants contained in this Agreement, the Parties agree as follows:

1. City Authority. This Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on _____________, ____, 20___.

2. Term of Agreement. This Agreement shall cover services rendered from the Effective Date of this Agreement until June 30, 2028 at which time CONSULTANT’S services shall be completed. The City Manager is authorized to extend the term of this Agreement provided the compensation does not exceed the City Manager's authority pursuant to Chapter 3.04 of the Morgan Hill Municipal Code, unless otherwise authorized by City Council. Any such extension shall be in writing and signed by both Parties to this Agreement.

3. Scope of Service. The services to be performed by CONSULTANT shall be on-call compaction testing and special inspection for various Capital Improvement Program (CIP) Projects as further described in Exhibit A.

4. Compensation. CONSULTANT shall be compensated as follows:

4.1. Amount. $750,000.00. Total compensation to CONSULTANT under this Agreement during its initial term set forth in Section 2 above shall not exceed Seven-Hundred-FiftyThousand-Dollars and shall be billed based on the rate and basis set forth in Exhibit B. If the City Manager extends the term of this Agreement pursuant to the provisions of Section 2 above, the City Manager shall have the authority to increase the maximum compensation allowed to be paid to CONSULTANT, so long as City Council has appropriated sufficient funds therefor, the Parties mutually agree to such amount in a writing signed by both Parties to this Agreement, and provided further that in no event shall such maximum compensation allowed for the term exceed the City Manager's authority pursuant to Chapter 3.04 of the Morgan Hill Municipal Code, unless otherwise authorized by City Council.

4.2. Billing. CONSULTANT shall provide CITY with an invoice containing the dated, detailed, and itemized descriptions of all services performed and expenses incurred (if such expenses are reimbursable pursuant to Exhibit B) by CONSULTANT on a monthly basis unless otherwise specified in Exhibit B. All invoices shall be sent to the CITY addressed to the department head or project manager identified below in Section 13 Notices. Any rate charged shall be prorated where services are interrupted or not provided for any rate period (for example, any monthly rate charge should be prorated when services were interrupted or provided for only part of the month). For services billed on an hourly rate, the minimum unit of billed time shall not exceed one tenth of one hour. CITY shall pay for services and expenses (if so provided in Exhibit B) up to the limit of compensation set forth above, that in the CITY’S judgment were necessary and reasonable. Services for work performed and expenses incurred in excess of the total compensation set forth in paragraph 4.1 above shall be at no cost to CITY.

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5. Termination. CITY or CONSULTANT shall have the right to terminate this Agreement, without cause, by giving thirty (30) days' written notice or less under urgent circumstances. Upon such termination, CONSULTANT shall submit to CITY an itemized statement of services performed for which compensation has not been paid. CITY may require CONSULTANT to complete certain work product or documents and CONSULTANT shall deliver to CITY all documents in its possession without additional compensation to CONSULTANT. The City Manager of CITY is authorized to terminate this Agreement, in whole or in part, on behalf of CITY.

5.1. Non-Appropriations. Notwithstanding anything contained in this Agreement to the contrary, if insufficient funds are appropriated, or funds are otherwise unavailable in the budget for CITY for any reason whatsoever in any fiscal year, for payments due under this Agreement, CITY will immediately notify CONSULTANT of such occurrence, and this Agreement shall terminate after the last day during the fiscal year for which appropriations shall have been budgeted for CITY or are otherwise available for payments.

6. Performance of Work. CONSULTANT represents that it is qualified by virtue of experience, training, education, and expertise to accomplish these services. Services shall be performed by CONSULTANT in accordance with professional practices in a manner consistent with a level of care, competence and skill exercised by qualified members of the CONSULTANT’S profession. By delivery of completed work, CONSULTANT certifies that the work conforms to the requirements of this Agreement and all applicable federal, state, and local laws. CONSULTANT shall perform all work and services under this Agreement in conformance with the time schedule set forth on Exhibit C, "Schedule of Performance," attached hereto and incorporated herein by this reference. CITY'S City Manager is authorized on behalf of CITY to modify the timeframes set forth on the Schedule of Performance within the term of this Agreement. If CONSULTANT desires to leave or store any of CONSULTANT’S equipment at a CITY site while CONSULTANT is performing work or service pursuant to this Agreement, CONSULTANT will first obtain the consent of CITY'S City Manager, or his/her delegate, to do so, and any such storage shall occur only in the manner and location allowed by such CITY official and entirely at CONSULTANT’S sole risk.

7. Insurance Requirements. CONSULTANT shall procure and provide proof of the insurance coverage required by this section in the form of certificates and endorsements. The required insurance must cover the activities of CONSULTANT, including its subcontractors, employees, and agents, relating to, or arising from, the performance of any work or service under this Agreement, and must remain in full force and effect at all times during the period covered by this Agreement. The coverages may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or “umbrella” policies, provided each such policy complies with the requirements set forth herein. Any deductibles or self-insured retentions must be declared to and approved by City. CONSULTANT further understands that the CITY reserves the right to modify the insurance requirements set forth herein, with thirty (30) days’ notice provided to CONSULTANT, at any time as deemed necessary to protect the interests of the CITY.

7.1. Insurance Types and Amounts.

7.1.1. Commercial General Liability (CGL). CONSULTANT shall maintain CGL against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) one million dollars ($1,000,000.00) combined single limit for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S

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combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

7.1.2. Automobile Liability. CONSULTANT shall maintain Automobile Liability covering all owned, non-owned and hired automobiles (if CONSULTANT does not own automobiles, then CONSULTANT shall maintain Hired/Non-owned Automobile Liability) against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) one million dollars ($1,000,000.00) combined single limit for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

7.1.3. Workers’ Compensation Insurance and Employer’s Liability. CONSULTANT shall maintain Workers Compensation coverage, as required by law, in the minimum amount of: (i) one million dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater. If CONSULTANT is selfinsured, CONSULTANT shall provide its Certificate of Permission to Self-Insure, duly authorized by the Department of Industrial Relations.

7.1.4. Pollution (Environmental) Liability. If the performance of CONSULTANT’S work or service under this Agreement involves hazardous materials, contaminated soil disposal, and/or a risk of accidental release of fuel oil, chemicals or other toxic gases or hazardous materials, CONSULTANT shall procure and maintain Pollution Liability covering the CONSULTANT’S liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs arising out of the work or services to be performed under this Agreement.

Coverage shall be provided for both work performed on site, as well as during the transport of hazardous materials. Such coverage shall be in the minimum amount of: (i) one million dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

7.1.5. Professional Liability.

7.1.5.1. If the performance of CONSULTANT’S work or service under this Agreement involves professional and/or technical services (examples include, but are not limited to, architects, engineers, land surveyors, and appraisers), CONSULTANT shall procure and maintain either a claims made or occurrence Errors and Omission liability insurance in the minimum amount of: (i) one million dollars ($1,000,000.00) each claim, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater. Further, if CONSULTANT maintains a claims-made policy, CONSULTANT shall provide written evidence of such insurance to the CITY for at least five (5) years after the completion of work performed under this Agreement.

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7.1.5.2. If the performance of CONSULTANT’S work or service under this Agreement relates to Information Technology or related services (examples include, but are not limited to computer programmers, software designers, hardware engineers, or other systems consultants), CONSULTANT shall procure and maintain a claims made Errors and Omission liability insurance, including Cyber Liability and Data Breach, in the minimum amount of: (i) one million dollars ($1,000,000.00) each claim, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

7.1.6. Sexual Abuse/Molestation Liability (SML): If the performance of CONSULTANT’S work or service under this Agreement involves contact with minors, CONSULTANT shall procure and maintain Sexual Abuse and Molestation insurance in the minimum amount of: (i) two hundred thousand dollars ($200,000.00) each claim, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

7.2. Endorsements. CONSULTANT shall provide proof of the following endorsements, listed for each policy for which endorsements are required, as outlined below:

7.2.1. General Liability and pollution liability (when pollution liability applies).

7.2.1.1. “Additionally Insured” - The City of Morgan Hill, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers are named as additional insureds on a form at least as broad as ISO Form CG 20 10 for ongoing operations.

7.2.1.2. “Waiver of Rights of Subrogation” - The insurer waives the right of subrogation against the City of Morgan Hill and CITY’S elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers; and

7.2.1.3. “Primary and Non-Contributing” - Insurance shall be endorsed to be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20

01. 7.2.2. Workers Compensation.

If the performance of CONSULTANT’S work or service under this Agreement involves access to or activity on any property or premises owned or occupied by the CITY, including, but not limited to, CONSULTANT’S presence during site visits and meetings, then insurer waives the right of subrogation against the City of Morgan Hill and the CITY’S elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers.

7.3. Qualification of Insurers. All insurance required pursuant to this Agreement must be issued by a company licensed and admitted, or otherwise legally authorized to carry out insurance business in the State of California, and each insurer must have a current A.M.

Best's financial strength rating of “A” or better and a financial size rating of “VII” or better.

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7.4. Certificates. CONSULTANT shall furnish CITY of Morgan Hill with copies of all certificates as outlined herein, whether new or modified, promptly upon receipt. In the event of a claim or legal action, CONSULTANT shall promptly furnish CITY of Morgan Hill with copies of all policies outlined herein. No policy subject to the CONSULTANT’S agreement with the CITY shall be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY. A "material change" is a change that results in noncompliance with any insurance requirements in this section 7. Certificates, including renewal certificates, may be mailed electronically to [email protected] or delivered to the Certificate Holder address provided herein.

Certificate Holder address:

City of Morgan Hill
Attn: Risk Management
17575 Peak Avenue
Morgan Hill, CA 95037

8. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable for any default or liability under this Agreement.

9. Compliance with Law.

9.1. CONSULTANT and its officers, employees, agents, and subcontractors shall comply with all applicable laws, ordinances, administrative regulations, and permitting requirements in carrying out their obligations under this Agreement. CONSULTANT and its officers, employees, agents, and subcontractors covenant there shall be no discrimination based upon any basis prohibited by State or Federal law, including but not limited to, race, color, creed, religion, gender, marital status, age, sexual orientation, national origin, mental disability, physical disability, medical condition, or ancestry, in any activity pursuant to this Agreement.

9.2. Compliance with Wage and Hour Laws: Consultant, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state, and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act and the California Labor Code.

Final Judgments, Decisions, and Orders: For purposes of this Section, a “final judgment, decision, or order” refers to one for which all appeals have been exhausted or the time to appeal has expired. Relevant investigatory government agencies include: the federal Department of Labor, the California Division of Labor Standards Enforcement, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.

Prior Judgments against CONSULTANT and/or its Subcontractors: BY SIGNING THIS

AGREEMENT, CONSULTANT AFFIRMS THAT IT HAS DISCLOSED ANY FINAL

JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY FINDING – IN THE FIVE (5) YEARS PRIOR TO EXECUTING THIS AGREEMENT – THAT CONSULTANT OR ITS SUBCONTRACTOR(S) HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONSULTANT FURTHER

AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS SATISFIED AND COMPLIED WITH – OR HAS REACHED AGREEMENT WITH THE CITY REGARDING THE

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MANNER IN WHICH IT WILL SATISFY – ANY SUCH JUDGMENTS, DECISIONS OR ORDERS.

Judgments or Decisions During Term of Contract: If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that CONSULTANT or an subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or CONSULTANT learns of such a judgment, decision, or order that was not previously disclosed, CONSULTANT shall inform the City Attorney, no more than fifteen (15) days after the judgment, decision or order becomes final or of learning of the final judgment, decision, or order.

CONSULTANT and its subcontractors shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the City Attorney with documentary evidence of compliance with the final judgment, decision, or order within five (5) days of satisfying the final judgment, decision, or order. The City reserves the right to require CONSULTANT to enter into an agreement with the City regarding the manner in which any such final judgment, decision, or order will be satisfied.

City’s Right to Withhold Payment: Where CONSULTANT or any subcontractor it employs to perform work under this Agreement has been found in violation of any applicable wage and hour law by a final judgment, decision or order of a court or government agency, the City reserves the right to withhold payment to CONSULTANT until such judgment, decision or order has been satisfied in full.

Material Breach: Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.

Notice to City Related to Wage Theft Prevention: Notice provided to the City Attorney as required under this Section shall be addressed to: City Attorney, City of Morgan Hill, 17575 Peak Avenue, Morgan Hill, CA 95037. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.

10. Independent Contractor. CONSULTANT is an independent contractor and not an agent or employee of CITY.

11. Confidentiality. All data, documents, or other information received by CONSULTANT from CITY or prepared in connection with CONSULTANT’S services under this Agreement are deemed confidential and shall not be disclosed to any third party by CONSULTANT without prior written consent by CITY.

12. Conflict of Interest and Reporting. CONSULTANT shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement including, without limitation, complying with California Government Code section 1090 et seq., the California Political Reform Act (California Government Code section 87100 et seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et seq.). CONSULTANT will further comply, and will ensure that its agents and its subcontractors comply, with California Government Code section 84308 (“Levine Act”) and the applicable regulations of the Fair Political Practices Commission concerning campaign disclosure (2 California Code of Regulations sections 18438.1 – 18438.8).

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13. Notices. All notices shall be personally delivered or mailed, via first class mail to the below listed address. These addresses shall be used for delivery of service of process. Notices shall be effective five (5) days after date of mailing, or upon date of personal delivery.

Address of CONSULTANT is as follows:

Twining, Inc.
5027 Commercial Circle Suite G
Concord, CA 94520
Address of CITY is as follows:

Yat Cho
Senior Project Manager
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
with a copy to:

City Clerk
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037

14. Licenses, Permits and Fees. CONSULTANT shall obtain a City of Morgan Hill Business License, all permits and licenses to the extent required by ordinances, codes, and regulations of the federal, state, and local government.

15. Consultant's Proposal. If applicable, this Agreement shall include CONSULTANT'S proposal or bid which is incorporated herein. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

16. Maintenance of Records.

16.1. Maintenance. CONSULTANT shall prepare, maintain, and preserve all reports and records that may be required by federal, state, and CITY rules and ordinances related to services provided under this Agreement. CONSULTANT shall maintain records for a period of at least 3 years after receipt of final payment under this Agreement. If any litigation, claim, negotiation, audit exception, or other action relating to this Agreement is pending at the end of the 3-year period, then CONSULTANT shall retain said records until such action is resolved.

16.2. Access to and Audit of Records. The CITY shall have the right to examine, monitor and audit all records, documents, conditions, and activities of the CONSULTANT and its subcontractors related to services under this Agreement. Pursuant to Government Code Section 8546.7, if this Agreement involves the expenditure of public funds in excess of $10,000, the Parties to this Agreement may be subject, at the request of the CITY or as part of any audit of the CITY, to the examination and audit of the State Auditor pertaining to matters connected with the performance of this Agreement for a period of three years after final payment under the Agreement.

16.3. Ownership of Work Product. All documents or other information developed or received by CONSULTANT for work performed under this Agreement shall be the property of CITY. CONSULTANT shall provide CITY with copies of these items upon demand or upon termination of this Agreement.

17. Familiarity with Work. By executing this Agreement, CONSULTANT represents that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all

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conditions there; and (3) it understands the difficulties and restrictions of the work under this Agreement.

Should CONSULTANT discover any conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY and shall not proceed, except at CONSULTANT'S risk, until written instructions are received from CITY.

18. Time of Essence. Time is of the essence in the performance of this Agreement.

19. No Assignment. Neither this Agreement nor any portion shall be assigned by CONSULTANT, without prior written consent of CITY. Any attempted assignment not first approved by CITY shall be void and, at CITY'S option, shall terminate this Agreement effective as of the date of such attempted assignment.

20. Attorney Fees. In any legal action, dispute or arbitration arising out of or relating to this Agreement, the prevailing party shall be entitled to an award of its reasonable attorney fees, costs and expenses incurred.

21. Defense and Indemnification.

21.1. Defense and Indemnification for Design Professional Services. Consistent with California Civil Code Section 2782.8, for design professional services to be performed under this agreement by a design professional, as that term is defined under said Section 2782.8, CONSULTANT shall, to the fullest extent permitted by law, indemnify, defend and hold harmless CITY, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers (“INDEMNITEES”) from and against any and all claims, liabilities, expenses, liens, or damages of any nature, including liability for bodily injury, property damage or personal injury, and including reasonable attorneys' fees and expenses, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, and/or its agents, officers, employees, subcontractors, or independent contractors in performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement (“CLAIM”) to the extent of CONSULTANT’S proportionate percentage of fault.

21.2. Defense and Indemnification for Non-Design Professional Services. For all services performed under this agreement not covered by Section 21.1 above, CONSULTANT shall, to the fullest extent permitted by law, indemnify, defend and hold harmless CITY, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers (“INDEMNITEES”) from and against any and all claims, liabilities, expenses, liens, or damages of any nature, including liability for bodily injury, property damage or personal injury, and including reasonable attorneys' fees and expenses, that arise out of, pertain to, or relate to the performance of this Agreement or the failure to comply with any obligations contained in this Agreement by CONSULTANT, and/or its agents, officers, employees, subcontractors, or independent contractors (“CLAIM”).

21.3. Exceptions. CONSULTANT is not required to indemnify INDEMNITEES against liability for bodily injury, property damage or personal injury, or any other loss, damage or expense arising from the sole negligence, active negligence, or willful misconduct of the CITY.

21.4. Not limited by insurance. The indemnity, defense and hold harmless provisions of this Agreement apply to all CLAIMS alleged against an INDEMNITEE, regardless of whether

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any insurance policies are applicable. Policy limits do not act as a limitation upon the amount of indemnification or defense to be provided by CONSULTANT.

21.5. Right to Offset. CITY shall have the right to offset against any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’S failure to pay CITY promptly any indemnification arising under this Section (21) and any amount due CITY from CONSULTANT arising from CONSULTANT’S failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.

21.6. Interpretation. This Section shall constitute an agreement or contract of indemnity, incorporating the interpretations under California Civil Code Section 2778. It is expressly understood and agreed that the obligation of the CONSULTANT to indemnify the INDEMNITEE shall be as broad and inclusive as permitted by the laws of the State of California and shall survive termination of this Agreement.

22. Entire Agreement; Modification; Conflicting Provisions. This Agreement constitutes the entire Agreement between the Parties and supersedes any previous agreements, oral or written. This Agreement may be modified, or provisions waived, only by a subsequent mutual written agreement executed by CITY and CONSULTANT. If the provisions contained in the main body of this Agreement conflict with any provision contained in an exhibit to this Agreement, the provisions of the main body of this Agreement shall govern and control over any provision contained in an exhibit to this Agreement.

23. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California. This Agreement was entered into and is to be performed in the County of Santa Clara. Any action or dispute arising out of this Agreement shall only be brought in Santa Clara County.

24. Interpretation. This Agreement is a negotiated document and shall be deemed to have been drafted jointly by the Parties, and no rule of construction or interpretation shall apply against any particular Party based on a contention that the Agreement was drafted by one of the Parties including, but not limited to, California Civil Code § 1654, the provisions of which are hereby waived. This Agreement shall be construed and interpreted in a neutral manner.

25. Notice of Security and/or Privacy Incident. If CONSULTANT, or its subconsultant, suspect, discover or are notified of a data security incident or potential breach of security and/or privacy relating to CITY PII, PHI and/or PCI, CONSULTANT shall immediately, but in no event later than forty-eight (48) hours from suspicion, discovery or notification of the incident or potential breach, notify CITY of such incident or potential breach. CONSULTANT shall, upon CITY’s request, investigate such incident or potential breach, inform the CITY of the results of any such investigation, and assist the CITY in maintaining the confidentiality of such information. In addition to the foregoing, CONSULTANT shall provide CITY with any assistance necessary to comply with any state and/or federal laws requiring the provision of notice of any privacy incident or security breach with respect to any CITY PII, PHI and/or PCI to the affected or impacted individuals and/or organizations, in addition to any notification to applicable state and federal agencies. CONSULTANT agrees that it shall reimburse CITY for all expenses, costs, attorneys’ fees, and resulting fines, penalties, and damages associated with such incident, breach, investigation and/or notification.

26. Preservation of Agreement. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.

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27. Binding Agreement. Notwithstanding the provisions of Section 19 above, this Agreement shall bind any and all successors in interest, legal representatives and/or other permitted assignees or transferees of CONSULTANT in the same manner as if those successors in interest, legal representatives or other permitted assignees or transferees had entered into this Agreement originally.

28. ☐ Data Sharing. This Agreement requires access by CONSULTANT to CITY’S Geographic Information System (GIS) DATA for CONSULTANT to perform the work. CITY agrees to provide the GIS DATA to CONSULTANT solely for the purpose of performance of contracted work with the CITY upon the terms and conditions specified in Exhibit D, incorporated herein by this reference.

29. Electronic Signatures. Unless otherwise prohibited by law or CITY policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the CITY.

30. Counterpart Signatures. This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. ///
///
[Signatures on Next Page]

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31. Authority to Execute. Those individuals who are signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

IN WITNESS THEREOF, these Parties have executed this Agreement on the day and year shown below.

AS SET FORTH IN CA. CORP. CODE § 313, TWO SIGNATURES ARE REQUIRED FOR CALIFORNIA CORPORATIONS:
(1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER.

ATTEST: CITY OF MORGAN HILL
City Clerk/Deputy City Clerk City Manager
Michelle Bigelow Christina J. Turner
Print Name Print Name
Date: Date:

APPROVED AS TO FORM: TWINING, INC.

Donald A. Larkin
City Attorney By:

Print Name
Date:

Print Name and Title of Signer.

If Corporate: Chairman, President or Vice
President
Date:

By:

Date:

Print Name and Title of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer
U:\Legal Forms\Consultant Agreements\City Services Agreement For Design Professionals.Docx Linas Vitkus, President and COO
Amy Owens, Secretary
6/5/2025
6/6/2025

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EXHIBIT A

SCOPE OF SERVICES
On-Call Compaction Testing and Special Inspection for various Capital Improvement Program (CIP) Projects

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EXHIBIT B

SCHEDULE OF COMPENSATION RATES

Schedule Of Fees 2024-2025
NOTE: Rates will be adjusted annually each July 1st to reflect increased costs.

Personnel Rates: Per Hour Unless Otherwise Noted
Equipment Usage (Daily Unless Otherwise Noted),
Engineering And Consulting Personnel Rate Continued Rate Senior Principal Advisor/Consultant $ 390.00 Air Meter $ 37.00 Principal Engineer/Geologist $ 280.00 Unit Weight Bucket $ 28.00 Metallurgical Engineer $ 390.00 Field Concrete Scale $ 37.00 Registered Geotechnical Engineer $ 280.00 2" x 2" x 2" Mold $ 26.00 Technical Advisor $ 260.00 Nuclear Gauge (Per Hour) $ 13.00 Material Scientist, Welding/NDT Consultant $ 275.00 Sand Cone Density Test Equipment $ 60.00 Registered Geologist/Certified Engineering Geologist $ 275.00 Pull Test Equipment $ 74.00 Senior Engineer/Geologist $ 250.00 Concrete/Asphalt Coring Equipment $ 720.00 Registered Civil Engineer $ 240.00 Floor Flatness (Dipstick) $ 63.00 Roofing/Waterproofing Consultant $ 265.00 Schmidt Hammer $ 48.00 Project Engineer/Manager $ 235.00 Vapor Emission Test Kits $ 58.00 Quality Control Manager $ 235.00 Relative Humidity Probe $ 90.00 Senior Staff Engineer/Geologist $ 220.00 UPV (Ultrasonic Pulse Velocity) Meter $ 420.00 Staff Engineer/Geologist $ 205.00 Fireproofing Adhesion/Cohesion (Per Test) $ 42.00 Quality Control Administrator $ 205.00 A Scan Ultrasonic Equipment And Consumables $ 100.00 Metallurgical Technician $ 175.00 Magnetic Particle Equipment And Consumables $ 53.00 CADD Operator/Draftsperson $ 160.00 Liquid Penetrant Consumables $ 48.00 Administrative Support $ 105.00 Phased Array Ultrasonic Equipment (Per Hour) $ 105.00 Field Supervisor $ 195.00 Ground Penetrating Radar $ 399.00 Safety Supervisor $ 195.00 Impact Echo $ 405.00
Laboratory Manager $ 180.00 Ultrasonic Tomography $ 525.00 Laboratory Technician $ 155.00 Inertial Profiler (Per Hour) Quotation Expert Witness Testimony $ 630.00 Borescope $ 315.00
Qualified SWPPP Developer $ 220.00 Infrared Camera $ 105.00 Qualified SWPPP Practitioner $ 205.00 Project Dedicated Vehicle $ 189.00 Vibration Engineer $ 240.00 Roller Compacted Concrete Vibrating Hammer/Tamping Plate $ 84.00 Half-Cell Potential Equipment Set $ 405.00
Concrete Electrical Resistivity Meter $ 189.00
Field Inspection Personnel Rate Field Hardness (Steel) $ 116.00 Concrete/Reinforced Steel Inspector $ 130.00 Coating Thickness Gauge $ 116.00 Prestressed/Post Tensioned Inspector $ 145.00 Curing Box (Not Temperature Controlled, One-Time Fee/ $ 788.00 Concrete ICC Inspector $ 130.00 Per Box)
Drilled-In-Anchor Inspector $ 145.00 Temperature Control Curing Box (Per Month) $ 525.00 Gunite/Shotcrete Inspector $ 145.00 Temperature Matching Curing Box (Per Month) $ 599.00 Masonry Inspector $ 145.00
Structural Steel/Welding Inspector $ 140.00
AWS Certified Welding Inspector $ 145.00 Specimen Pick-Up Rate Fireproofing Inspector $ 145.00 Soil/Aggregate Sample (Each) $ 55.00 Lead Inspector $ 148.00 Standard Sample: Concrete Cylinders (Each) $ 33.00 Firestop Special Inspector - IFC Premier $ 205.00 Standard Sample: Mortar/Grout Cubes And Cores, $ 33.00 Firestop Special Inspector - IQP $ 225.00 Fireproofing, Rebar, And Epoxy Prisms (Each) Asphalt Field and Plant Inspector/Technician $ 130.00 Oversize Sample: Masonry Prisms And Shotcrete Panels (Each) $ 77.00 Pile Driving Inspector $ 145.00 Oversize Sample: Flexural Beams (Each) Soils Technician $ 130.00 Technician For Specimen Pick-Up Not Listed Above $ 132.00 Concrete Quality Control (ACI/Caltrans Technician) $ 145.00 (Per Hour, 2-Hour Minimum) Wood Framing Inspector $ 145.00 Technician For Specimen Pick-Up Before 5:00 a.m. $ 143.00 Roofing/Waterproofing Inspector Quotation Or After 5:00 p.m. Monday Thru Friday, Or All Day Saturday Public Works Inspector Quotation (Per Hour, 2-Hour Minimum Plus Mileage) Mechanical Inspector $ 195.00
Electrical Inspector $ 195.00
Plumbing Inspector $ 195.00 Jobsite Trailer, Mobile Or On-site Laboratory Rate Building Inspector $ 195.00 Portable Or Mobile Laboratory Unit Quotation Vibration Monitoring Technician $ 165.00 Jobsite Trailer, Conex, Or Equipment Storage Box Quotation Field Engineering Technician $ 145.00
Concrete Tests (Field Made Specimens) Rate
Shop Inspection Personnel Rate 6" x 12" Cylinder Compression Strength (ASTM C39) $ 54.00 Structural Steel Fabrication Inspector $ 147.00 4" x 8" Cylinder Compression Strength (ASTM C39) $ 37.00 Batch Plant Quality Control Technician/Inspector $ 147.00 Density Of Structural Lightweight Concrete Equilibrium $ 107.00 Glue-Laminated Fabrication Inspector Quotation Oven Dry Method (ASTM C567) Pre-Cast Concrete/Pipe Fabrication Inspector $ 147.00 Core Compression Including Trimming (ASTM C42) $ 91.00 6" x 6" x 18" Flexural Beams Not Exceeding Referenced $ 118.00 Size (ASTM C78, C293 or CTM 523)
Nondestructive Testing Personnel Rate Splitting Tensile Strength (ASTM C496) $ 118.00 NDE Ultrasonic Testing Technician $ 150.00 Modulus Of Elasticity Test (ASTM C469) $ 348.00 NDE Magnetic Particle Testing Technician $ 150.00 Rapid Chloride Permeability Test: Cylinders Or Cores $ 626.00 NDE Dye Penetrant Testing Technician $ 150.00 (ASTM C1202) Combination NDE Technician/Welding Inspector $ 150.00 Density, Absorption, And Voids In Hardened Concrete $ 632.00 Radiographic Testing (Crew Of 2) Quotation (ASTM C642)
NDE Engineer $ 255.00 Flexural Toughness (ASTM C1609, Formerly ASTM C1018) $ 1,017.00 Double Punch Strength Of Fiber Reinforced Concrete $ 642.00 Coefficient Of Thermal Expansion Of Concrete $ 642.00
Equipment Usage (Daily Unless Otherwise Noted) Rate (CRD 39, AASHTO T336) Skidmore $ 51.00 Bulk Electrical Resistivity (One Age Of Testing, ASTM C1876) $ 161.00 Torque Wrench, Small $ 21.00 Flexural Tensile Strength Of Metallic Fiber Reinforced Concrete $ 1,124.00 Torque Wrench, Large $ 32.00 Beam (EN 14651)
Torque Multiplier $ 48.00
95343
70107
10403
Task
Code
80006
10405
91030
90005
10111
95362
95352
10201
10203
10207
Task
Code
10401
95323
Task
Code
95318
95309
40006
40009
80013
95300
10026
10001
10017
95322
20209
10325
10328 20205
20207
20211
80003
Task Code
Code
10301 20202
10309 20203
20201
20000
98000
20100
Task
Code
91000
10103
10105
95357
Task
95364
Code
95367
10101
95349
10005
95341
10003
10009 95336
95347
95345
95351
90001
10109
95372
95370
95371
95373
91010
Task
Code
30001
95368
10019 95303
Task
70101
10107
60001
10113
10122
20102
10117
20107
75001
20109
70103
Task
Code
10115
10501
20101
20103
10500
20104
95356
95369
95324
95321
95333
95348
95319
60003
70003
10013
30000
70000
95339
95103
95306
95307
10010
10011
95330
10007
95342
10015
95374
95360
40005
40012
10515
30002
10523
50003
10519
10521
95315
10305
10409
10020
95312
1

Concrete Specimen Preparation Rate Qualification Of Cements Rate Sawing Of Specimens (Each) $ 49.00 Chemical Analysis Of Portland Cement Per Standard $ 803.00 Coring Of Specimens In Lab (Each) $ 49.00 Requirements (ASTM C150) Grinding Of Concrete Below 6000 psi Strength (Each) $ 70.00 Physical Testing Of Portland Cement Per Standard $ 803.00 Grinding Of Concrete 6000 psi Strength And Above (Each) $ 105.00 Requirements (ASTM C150) Physical Testing Of Type K Cement, Mortar Expansion $ 803.00 Laboratory Trial Batch: Concrete, Cement (ASTM C806)
And Mortar Rate Physical Testing And Chemical Analysis Of Portland Cement $ 1,498.00 Compression Test 4" x 8" Cylinders Made And Tested In $ 67.00 Per Standard Requirements (ASTM C150) Laboratory (ASTM C192, C35) Partial Analysis Or Specific Physical Tests Quotation Compression Test 6" x 12" Cylinders Made And Tested In $ 80.00 Sulfates Resistance Of Hydraulic Cement (ASTM C1012), $ 3,210.00 Laboratory (ASTM C192, C35) 6 Months
6" x 6" x 18" Flexural Beams Made And Tested in Laboratory $ 124.00 Sulfates Resistance Of Hydraulic Cement (ASTM C1012), $ 3,531.00 (ASTM C192, C78) 12 months
Splitting Tensile Strength Cylinders Made And Tested In $ 140.00 Type 1L Cement (ASTM C595; Excludes Special Properties) $ 1,498.00 Laboratory (ASTM C192, C496) Clinker Microscopy, Per Sample $ 910.00 Modulus of Elasticity Test Cylinders Made And Tested In $ 364.00 Laboratory (ASTM C192, C469) Physical Testing Of Chemical Admixtures For Density Of Structural Lightweight Concrete Made In $ 129.00 Concrete Rate Laboratory, Equilibrium or Oven Dry Method (ASTM C567) Qualification Of Admixture (ASTM C494) Quotation Bulk Electrical Resistivity (ASTM C1876) $ 188.00
Laboratory Trial Batch (ASTM C192/Lab Procedure Performance) $ 626.00 Concrete Mixture Design For Preconstruction Evaluation And $ 295.00 Evaluation Of Pozzolans And Slag Cement Rate Backup Data Development Chemical Analysis Of Fly Ash Per Standard Requirements $ 803.00 Drying Shrinkage Up To 28 Days, Three 3" x 3" Or 4" x 4" Bars, $ 610.00 (ASTM C618) Five Readings Up To 28 Dry Days (ASTM C157) Physical Testing Of Fly Ash Per Standard Requirements $ 803.00 Additional Reading, Per Set Of Three Bars $ 63.00 (ASTM C618) Storage Over Ninety (90) Days, Per Set Of $ 49.00 Partial Analysis Or Specific Physical Tests Quotation Three Bars, Per Month Chemical Analysis And Physical Testing Of Fly Ash Per $ 1,498.00 Setting Time Up To 7 Hours (ASTM C403) $ 193.00 Standard Requirements (ASTM C1618) Bleeding (ASTM C232) $ 193.00 Qualification Of Silica Fume Per Standard Requirements $ 1,498.00 Concrete Restrained Expansion (ASTM C878) $ 696.00 (ASTM C1240) Mix, Make and Test Mortar or Grout Specimens for Compressive $ 642.00 Qualification Of Slag Cement Per Standard Requirements $ 1,498.00 Strength: Set of 6 (ASTM C878) (ASTM C989)
Non-Shrink Grout: Height Change After Final Set (ASTM C1090) $ 626.00 Effectiveness Of Pozzolans & Slag Cement In Mitigating $ 1,498.00 Non-Shrink Grout: Height Change At Early Age (ASTM C827) $ 1,017.00 Expansion Due To ASR (ASTM C441) Cracking Resistance, Set Of Three Rings, Laboratory Trial $ 6,634.00 Batching, Test Until Cracking Or Up To 28 Days (ASTM 1581) Evaluation Of Pre-Packaged Masonry Mortars (ASTM C270) $ 1,391.00 Mass Concrete - Engineering And Testing Services Rate Creep (ASTM C512) (One Age Of Loading, 12 Months $ 10,005.00 Thermal Control Plan (Without Cooling Pipes) Per A Unique $ 9,000.00 Duration Of Testing) Type Of Placement Of Similar Group Of Placements, Each Plan Laboratory Development of Strength-Maturity Curve Without $ 3,424.00 Thermal Control Plan (With Cooling Pipes), Per A Unique $ 10,500.00 Establishing Datum Temperature (Up To 5 Testing Ages, Type Of Placement Of Similar Group Of Placements, Each Plan ASTM C1074) Performance Based Maximum Temperature Difference $ 6,000.00 Laboratory Development Of Strength-Maturity Curve With $ 5,564.00 Laboratory & Analytical Studies, One Concrete Mixture Design Establishing Datum Temperature (Up to 5 Testing Ages,
ASTM C1074) Rock And Concrete Aggregates - Petrographic Examination & Special USACE & CRD Tests Rate
Rock Type Description, Per Sample (Rock Core Or Rock $ 1,000.00 Evaluation of Mixing Water for Concrete Rate Chunk)
Evaluation of Mixing Water For Concrete Per The Requirements $ 1,070.00 Rock Type Description + XRD Including Clay Analysis, $ 1,500.00 Of ASTM C1602, Table 1 (Physical Properties Of Mortar), Per Per Sample Sample Natural Aggregates - Petrographic Examination (Gravel And $ 2,750.00 Evaluation Of Mixing Water For Concrete Per The Requirements $ 1,284.00 Natural Sand Consisting Of Single Rock Type ASTM C295) Of Caltrans, Section 90, Per Sample Each, One Sample
Crushed Aggregates - Petrographic Examination (Crushed $ 27,520.00 Concrete - Chemical Analysis, Transport Properties, Rock And Manufactured Sand Consisting Of Single Rock Type Service Life Modeling, Petrographic Examination Rate ASTM C295), Each, One Sample Acid-Soluble Chloride Analysis (ASTM C1152) $ 321.00 Coarse Aggregate Certification For Deleterious Materials Per $ 6,500.00 Includes Sample Prep) Specifications Of USACE, Materials Coarser Than 0.75-Inch Water-Soluble Chloride Analysis (ASTM C1218) $ 204.00 Each, One Sample, 200 lb. (Includes Sample Prep) Coarse Aggregate Certification For Deleterious Materials Per $ 5,500.00 Chloride Diffusion Coefficient Of Cementitious Mixtures By $ 3,103.00 Specifications Of USACE, 0.75-Inch And Finer Material, Each, Bulk Diffusion (ASTM C1556) One Sample, 25 lb.

Bulk Resistivity (ASTM C1876) And Formation Factor $ 696.00 Fine Aggregate Certification For Deleterious Materials Per $ 2,750.00 Chloride Binding Isotherm $ 910.00 Specifications Of USACE, Each, One Sample Analytical And Experimental (ASTM C1556) Modeling Of Service $ 8,560.00 Aggregate, Scratch Hardness (CRD-C 130), Each, One Sample, $ 500.00 Life Of Concrete Per Life-365 Model, Per Mixture Design 25 lb.

Analytical And Experimental (NordTest) Modeling Of Service $ 8,560.00 Life Of Concrete Per FIB Model Code 34, Per Mixture Design Non-Steady State Chloride Migration Coefficient, NordTest 492 $ 669.00 Soils And Aggregate Tests Rate Petrographic Examination Of Hardened Concrete, Level I $ 1,750.00 Abrasion: LA Rattler (ASTM C131) $ 248.00 (ASTM C856) (Excludes Thin Section), Per Sample Abrasion: LA Rattler (ASTM C535) $ 258.00 Petrographic Examination Of Hardened Concrete, Level II $ 2,250.00 Atterberg Limits/Plasticity Index (ASTM D4318, CTM 204) $ 206.00 (ASTM C856) Includes Thin Section, Per Sample California Bearing Ratio Excluding Maximum Density $ 670.00 Petrographic Examination Of Hardened Concrete, Level III $ 3,500.00 (ASTM D1883) Soil (ASTM C856/C1723) (Thin Section And SEM/EDX), Per Sample California Bearing Ratio Excluding Maximum Density $ 824.00 W/CM Determination (NordTest Build 361) $ 1,338.00 (ASTM D1883) Cement-Treated Soil Examination Of Volumetric Proportions Of Hardened Concrete $ 535.00 Cement-Treated Soil/Base Mix Design: Includes Three Trial $ 4,223.00 (ASTM C457), Per Sample Cement Contents With Three Unconfined Compressive Air Void Analysis Of Hardened Concrete (ASTM C457), $ 750.00 Strength Specimens Per Cement Content Per Sample Chloride And Sulfate Content (CTM 417, CTM 422) $ 230.00 Electron Microscopy (ASTM C1723) $ 803.00 Clay Lumps And Friable Particles (ASTM C142) $ 260.00 Paste Carbonation Analysis, Per Sample $ 268.00 Cleanness Value 1" x #4 (CTM 227) $ 220.00 Insoluble Residue Analysis (ASTM C1324) Quotation Cleanness Value 1.5" x .75" (CTM 227) $ 340.00 Alkali-Silica - Damage Rating Index (DRI), Per Sample $ 1,338.00 Collapse Potential/Index (ASTM D5333) $ 279.00 30219
30232
30207
30209
80100
30230
80103
30225
Code
80143
80146
70305
Task
Code
80140
80126
30203
30227
30229
20263
Code
80240
Task
Task
Code
70301
70303
70304
80210
80212
Code
80262
80263
80266
80193
Code
80268
80248
80272
30201
30211
80198
80149
80151
Task
80254
80194
Task
Code
80196
80250
Code
80256
80258
80195
80147
30205
30237
30234
Task
20265
30231
30233
80232
80252
80106
80110
80111
Task
80159
Task
80206
80129
80204
20151
20157
20159
20160
30217
30216
Task
Code
30223
80238
80123
80234
80246
80276
30403
70393
70344
30322
80260
30503
30505
80208
80199
Task
Code
80274
30321
80270
80218
80222
80224
80228
2

Soils And Aggregate Tests, Continued Rate Asphalt Concrete Tests, Continued Rate Compressive Strength Of Molded Soil-Cement Cylinders $ 129.00 Emulsion Residue, Evaporation (ASTM D244) $ 195.00 (ASTM D1633) Extraction % Bitumen (ASTM D6307, CTM 382) $ 195.00 Consolidation Test Full Cycle (ASTM 2435, CTM 219) $ 235.00 Extraction % Bitumen And Gradation (ASTM D5444, D6307, $ 270.00 Consolidation Test Time Rate Per Load Increment $ 62.00 CTM 202, 382) (ASTM D2435, CTM 219) Extraction % Bitumen, Correction Factor (ASTM D6307, $ 440.00 Corrosivity Series Sulfate, CI, pH, Resistivity (CTM 643, $ 309.00 CTM 382) 417, and 422) Chemical Extraction % Bitumen And Sieve Analysis $ 305.00 Crushed/Fractured Particles (ASTM D5821, CTM 205) $ 225.00 (ASTM D2172 Method A or B, ASTM D5444) Direct Shear Test Remolded And/Or Residual (ASTM D3080) $ 300.00 Lab Tested Maximum Density Hveem, 3 Briquettes $ 270.00 Direct Shear Test Undisturbed - Slow [CD] (ASTM D3080) $ 280.00 (ASTM D1561, D1188, CTM 304, 308) Direct Shear Test Undisturbed - Fast [CU] (ASTM D3080) $ 235.00 Hveem Stabilometer Test, Premixed, 3 Briquettes $ 270.00 Durability Index Per Method - A,B,C, or D (ASTM D3744, $ 260.00 (ASTM D1560, D1561, CTM 304, 366) CTM 229) Lab Tested Maximum Density Marshall, 3 Briquettes $ 260.00 Expansion Index (ASTM D4829, UBC 18-2) $ 225.00 (ASTM D6926, D2726) Fine Aggregate Angularity (ASTM C1252, CTM 234, $ 205.00 Lab Tested Maximum Density Marshall 6'' Specimen, $ 270.00 AASHTO T304) 3 Briquettes (ASTM D5581, D2726)
Flat And Elongated Particle (ASTM D4791) $ 280.00 Lab Tested Maximum Density Superpave Gyratory Compacted $ 115.00 Flat Or Elongated Particle (ASTM D4791) $ 260.00 Briquette, SSD, 1 Briquette (ASTM D6925, D2726) Maximum Density Methods A/B/C (ASTM D1557, $ 220.00 Lab Tested Maximum Density Superpave Gyratory Compacted $ 115.00 D698, CTM 216) Briquette, Paraffin, 1 Briquette (ASTM D1188, D6925) Maximum Density Check Point (ASTM D1557, D698) $ 90.00 Maximum Theoretical Specific Gravity [RICE] (ASTM D2041, $ 200.00 Maximum Density AASHTO C [Modified] (AASHTO T-180) $ 235.00 CTM 309) Maximum Index Density Vibratory Table (ASTM D4253) $ 435.00 Marshall Stability And Flow, Cored Sample, Each $ 100.00 Moisture Content (ASTM D2216, CTM 226) $ 40.00 ASTM D6927) Moisture and Density Ring Sample (ASTM D2937) $ 45.00 Marshall Stability And Flow, Premixed, 3 Briquettes $ 280.00 Moisture and Density Shelby Tube Sample (ASTM D2937) $ 50.00 (ASTM D6926, D6927) Moisture-Density Relations Of Soil-Cement Mixtures $ 340.00 Marshall Stability And Flow, Gyratory Compacted Specimen $ 290.00 Premixed In The Field (ASTM D558) Pre-Mixed, 3 Briquettes (ASTM D5581, D6925) Moisture-Density Relations Of Soil-Cement Mixtures $ 340.00 Marshall Stability And Flow 6'' Specimen, Premixed, $ 290.00 Mixed In The Lab (ASTM D558) 3 Briquettes (ASTM D5581)
pH Of Soils (ASTM D4972) $ 65.00 Moisture Content (CTM 370) $ 110.00 Organic Content Of Soils (ASTM D2974, Method A Only) $ 95.00 Wet Track Abrasion Test (ASTM D3910) $ 205.00 Organic Impurities (ASTM C40, CTM 213) $ 115.00 Hveem Mix Design (Excluding Aggregate Quality Tests) $ 5,740.00 Permeability (ASTM D5084) Quotation Hveem Mix Design, With RAP (Excluding Aggregate Quality $ 6,230.00 Potential Reactivity Chemical Method (ASTM C289 - $ 685.00 Tests, RAP Qualification) Discontinued Method) $ 1,035.00 Hveem Mix Design, With Lime (Excluding Aggregate Quality $ 6,590.00 Potential Reactivity Mortar Bar Expansion Method, $ 1,092.00 Tests) 14-Day Exposure (ASTM C1260) Hveem Mix Design Caltrans Untreated Mix (Including $ 6,850.00 Potential Reactivity Mortar Bar Expansion Method, $ 3,345.00 Aggregate Quality Tests) 28-Day Exposure (ASTM C1260) Hveem Mix Design Caltrans Lime Treated Mix (Including $ 7,830.00 Potential Reactivity Concrete Bar Expansion Method $ 3,640.00 Aggregate Quality Tests) (ASTM C1293), 12 month Marshall Mix Design (Excluding Aggregate Quality Tests) $ 5,740.00 Potential Reactivity Concrete Bar Expansion Method $ 1,285.00 Marshall Mix Design With RAP (Excluding Aggregate Quality $ 6,230.00 (ASTM C1293), 24 month Tests)
Potential Reactivity of Aggregate Combination, Non-Standard $ 1,285.00 Marshall Mix Design With Lime (Excluding Aggregate Quality $ 6,840.00 Method; 14-Day Exposure, Mortar (After ASTM C1567) Tests) Potential Reactivity Of Aggregate Combination, Non-Standard $ 1,240.00 Open Grade Asphalt Concrete Mix Design (ASTM D7064, $ 3,310.00 Method; 28-Day Exposure, Mortar (After ASTM C1567) CTM 368) R-Value Soil (ASTM 2844, CTM 301) $ 530.00 Superpave Mix Design (Excluding Aggregate Quality Tests) $ 11,695.00 R-Value Aggregate Base (ASTM D2844, CTM 301) $ 588.00 Superpave Mix Design, With RAP (Excluding Aggregate $ 12,355.00 Sand Equivalent (ASTM D2419, CTM 217) $ 160.00 Quality Tests) Sieve #200 Wash Only (ASTM D1140, CTM 202) $ 114.00 Superpave Mix Design With Rubber (Excluding Aggregate $ 12,355.00 Sieve With Hydrometer 3/4" Gravel To Clay (ASTM D422, $ 309.00 Quality Tests) D7928, CTM 203) Superpave Mix Design With Additives (Excluding Aggregate $ 12,690.00 Sieve With Hydrometer Sand To Clay (ASTM D422, $ 294.00 Quality Tests) D7928, CTM 203) Effect Of Moisture On Asphalt Paving Mixtures, Pre-Mixed $ 1,235.00 Sieve Analysis Including Wash (ASTM C136, CTM 202) $ 175.00 (ASTM D4867, AASHTO T283) Sieve Analysis Without Wash (ASTM C136, CTM 202) $ 155.00 Hamburg Wheel Track Test, 20,000 Passes, 4 Briquettes $ 1,340.00 Sieve Analysis Split Sieve (ASTM C136, CTM 202) $ 295.00 (AASHTO T324) Sieve Analysis Without Wash With Cobbles (ASTM C136, $ 290.00 Raveling Test Of Cold Mixed Emulsified Asphalt (ASTM D7196) $ 250.00 CTM 202) Marshall Stability, Wet Set, 3 Replicates (AASHTO T245) $ 440.00 Soundness Sodium Or Magnesium Sulfate, 5 Cycles $ 232.00 Marshall Stability, Dry Set, 3 Replicates (AASHTO T245) $ 376.00 (ASTM C88) Cold Recycled Asphalt Mix Design 2 Gradings Each, $ 11,590.00 Specific Gravity And Absorption Coarse (ASTM C127, $ 125.00 3 Emulsion Content (Caltrans LP-8) CTM 206)
Specific Gravity and Absorption Fine (ASTM C128, $ 206.00 CTM 207) Mortar And Stucco - Petrographic Examination Rate Swell/Settlement Potential One Dimensional (ASTM D4546) $ 186.00 Stucco, One-Coat (ASTM C856), Includes Thin Section), $ 2,250.00 Triaxial Quotation Per Sample
Unconfined Compression (ASTM D2166, CTM 221) $ 237.00 Stucco, Two-Coat (ASTM C856), Includes Thin Section), $ 2,500.00 Unit Weight Per Cubic Foot (ASTM C29, CTM 212) $ 185.00 Per Sample Voids In Aggregate With Known Specific Gravity (ASTM C29, $ 160.00 Stucco, Three-Coat (ASTM C856), Includes Thin Section), $ 3,000.00 CTM 212) Per Sample
Lightweight Particles Coarse, with Two Solutions (ASTM C123) $ 519.00 Mortar (ASTM C1324, Petrographic Examination And Chemical $ 3,250.00 Lightweight Particles Fine, with One Solution (ASTM C123) $ 258.00 Analysis), Per Sample Method of Test for Relative Mortar Strength of Portland $ 1,400.00 Cement Concrete Sand (CT 515)
Brick Masonry Tests, ASTM C67 Rate
Modulus Of Rupture Flexural $ 118.00
Asphalt Concrete Tests Rate Compression Strength $ 81.00 HMA Mixing And Preparation $ 160.00 Absorption 5 Hour or 24 Hour $ 86.00 HMA Mixing And Preparation With Aggregate Treatment $ 232.00 Absorption (Boil) 1, 2 Or 5 Hours $ 118.00 Bulk Specific Gravity Of Compacted Sample Or Core SSD $ 73.00 Initial Rate Of Absorption $ 75.00 (ASTM D2726, CTM 308C) Efflorescence $ 91.00
Bulk Specific Gravity Of Compacted Sample Or Core Paraffin $ 103.00 Cores Compression $ 97.00 Coated (ASTM D1188 and CTM 308A) Shear Test On Brick Cores 2 Faces $ 118.00 70373
30317
70341
70319
70321
70378
70349
70347
70353
75106
Task
75095
20309
20311
20313
70336
30508
70331
70335
70317
75049
75051
75052
75084
75087
75113
75107
75063
75069
75024
75027
75039
75028
75066
75109
75114
75070
75099
75090
75005
75093
75096
70391
70309
70313
70339
70340
70342
70328
70330
30401
70343
75036
70363
75040
20315
75083
75068
75067
75111
70360
70361
75031
75032
30412
20807
20307
70371
30319
30411
Task
Code
70351
80001
70394
Task
Task
Code
80282
80286
80294
80290
75030
75042
75050
75048
75057
Code
Task
75115
20305
20303
75075
75094
Code
20301
70398
70397
70392
70345
70355
70357
70359
Code
75033
70399
70337
70315
70325
30507
70333
70311
75004
70396
70365
70367
70369
3

Concrete Block, ASTM C140 Rate Metal and Steel Testing, Continued Rate Compression $ 102.00 Hardness Test (ASTM E18) $ 107.00
Absorption/Moisture Content/Oven Dry Density $ 102.00 Bolt Axial Tensile Test (Up To 7/8" Diameter) $ 70.00 Linear Shrinkage (ASTM C426) $ 295.00 Bolt Wedge Tensile Test (Up To 7/8" Diameter) $ 86.00 Web And Face Shell Measurements $ 59.00 Bolt Axial Tensile Test (Greater Than 7/8" Up To 1" diameter) $ 91.00 Tension Test $ 188.00 Bolt Wedge Tensile Test (Greater Than 7/8" Up To 1" Diameter) $ 118.00 Core Compression $ 97.00 Bolt Axial Tensile Test (Greater Than 1" Diameter) $ 140.00 Shear Test Of Masonry Cores 2 Faces $ 118.00 Bolt Wedge Tensile Test (Greater Than 1" Diameter) $ 150.00 Efflorescence Tests $ 91.00 Bolt Proof Load Test (Up To 7/8") $ 107.00 Bolt Proof Load Test (Greater Than 7/8" Up To 1" Diameter) $ 129.00 Bolt Proof Load Test (Greater Than 1") $ 145.00
Masonry Prisms, ASTM C1314 Rate Nut Proof Load Test (Up To 7/8") $ 75.00 Compression Test, Composite Masonry Prisms Up To 8" x 16" $ 241.00 Nut Proof Load Test (Greater Than 7/8" Up To 1" Diameter) $ 102.00 Compression Test, Composite Masonry Prisms > 8" x 16" $ 321.00 Nut Proof Load Test (Greater Than 1") $ 113.00 Prism Cord Modulus of Elasticity $ 685.00
Prism Cord Modulus Of Elasticity With Transverse Strain $ 846.00 (For Double-Wythe Specimen) Chemical Testing Of Metal And Steel Rate Steel Chemical Analysis $ 209.00
Weight Of Galvanized Coating (ASTM A90) $ 107.00
Mortar And Grout Rate Epoxy Coating Thickness $ 107.00
Compression 2" x 4" Mortar Cylinders (ASTM C780) $ 70.00 Coating Thickness $ 107.00 Compression 3" x 3" x 6" Grout Prisms, Includes Trimming $ 59.00 (ASTM C1019) Machining And Preparation Of Tensile And Bend Compression 2" Cubes (ASTM C109) $ 75.00 Sample: Carbon Steel Rate Compression Cores Includes Trimming (ASTM C42) $ 86.00 Machinist Initial Preparation From Mock-Up, Etc. (Per Hour) $ 156.00 Sawcut To Overall Width (Per 0.5" Thickness Or Fraction $ 70.00 Thereof)
Masonry Specimen Preparation Rate Machine To Test Configuration Milled Specimens $ 102.00 Cutting Of Cubes Or Prisms $ 91.00 Machine To Test Configuration Turned Specimens (Per 0.5" $ 182.00 Thickness Or Fraction Thereof)
Prepare Subsize Specimens (Per 0.5" Thickness Or Fraction $ 124.00 Fireproofing Tests Rate Thereof)
Oven Dry Density (ASTM E605) $ 86.00
Charpy Impact Rate
Charpy Impact Ambient Temperature $ 113.00
Gunite And Shotcrete Tests Rate Charpy Impact Reduced Temperature $ 150.00 Core Compression Including Trimming (ASTM C42) $ 86.00
Compression Cubes (Includes Saw Cutting) $ 113.00
Machining Of Charpy Samples: Carbon Steel Rate
Concrete Roof Fill: Gypsum, Vermiculite, Perlite, Cutting And Milling (Per 0.5" Or Fraction Thereof) $ 102.00 Lightweight Insulating Concrete, Etc. Rate Final Machining To Sample Configuration $ 124.00 Compression Test (ASTM C495 and C472) $ 81.00
Air Dry Density (ASTM C472) $ 59.00
Oven Dry Density (ASTM C495) $ 86.00 Prestressing Wires And Tendons, (ASTM A416) Rate Stress-Strain Analysis Wire Or Strands (Including Chart And $ 273.00 Percent Offset)
Reinforcing Steel, ASTM A615, A706 Rate Tensile Test Only $ 204.00 Tensile Test #11 Or Smaller $ 81.00 Tendons Quotation
Bend Test #11 Or Smaller $ 75.00
Bend Test #14 Or #18 $ 428.00
Tensile Test #14 $ 321.00 Polymer Matrix Composite Materials (Fiberwrap) Rate Tensile Test #18 $ 423.00 Tensile Strength – Set of 5 Specimens/Batch/Direction $ 1,712.00 (ASTM D3039)
Tensile Strength – Additional Specimens (ASTM D3039) $ 321.00 Reinforcing Steel - Welded Or Coupled Specimens Rate (ASTM D3039) Tensile Test Welded/Coupled #11 And Smaller $ 91.00 Heating Chamber Time – Per 24 Hr. Period $ 134.00 Tensile Test Welded/Coupled #14 $ 311.00
Tensile Test Welded/Coupled #18 $ 471.00
Weld Macroetch $ 102.00 Calibration Services And Universal Machine Usage Rate Slippage Test - Caltrans (CTM 670) $ 257.00 Calibration/Verification Services Quotation Tensile Test Welded Hoops #11 And Smaller $ 188.00 Universal Test Machine Usage (Per Hour) $ 482.00 Specialty Testing
Metal and Steel Testing Rate - Cylic And Fatigue Testing Programs On Special Products/Parts Tensile Strength Up To 100K Pounds (Each) $ 91.00 - Engineering And Technical Supports/Design Of Prototypes And Special Test Set-Up Tensile Strength Up To 200K Pounds (Each) $ 102.00 - Fastener/Coupling Full Testing Program Per New Regulations: Tension, Tension/Bend, Tensile Strength Up To 300K Pounds (Each) $ 129.00 Shear, Double Shear, 8 Compressions Tensile Strength Up To 400K Pounds (Each) $ 188.00 - Fiberglass/Composite Materials Field Testing Program (ASTM D1143 D1242, Tensile Strength 400K To 600K Pounds (Each) $ 428.00 D2584, D4065, D4476, D4923, D7901, D7921, and D732) Tensile Strength Stress-Strain Percent Offset $ 268.00 - Field Testing Of Structures And Structural Elements Weld Macroetch $ 102.00 - In-Place Shear Testing
Weld Fracture $ 54.00 - Materials And/Or Product Evaluation Per Specifications Bend Test $ 81.00 - Structural Dynamic Testing And Durability Analysis Flattening Test $ 91.00
General Conditions
NOTE: Field inspection work conditions are established by contract with Operating Engineers, Local 3.

NOTE: A minimum of 24 hours notice is required for testing and inspection services.

NOTE: For projects subject to a Project Labor Agreement (PLA), if terms/conditions of the PLA are more restrictive those terms/conditions will apply.

NOTE: Rates will be adjusted annually each July 1st to reflect increased costs.

Administrative Fees
All administrative fees, except as noted below, including report distribution and Twining Construction Hive system are billed at the following percentage of the monthly invoice total:

Task
20632
Code
20801
Task
Task
Code
20706
20753
20607
Task
Code
20361
Task
80176
20619
80173
Code
Task
20523
20531
20504
20505
Task
Code
Code
Code
80170
20641
20640
Task
20637
20638
20617
20603
20605
20532
20634
20630
20347
Code
20701
20621
20545
20611
20365
20501
20503
20525
20615
20707
20803
20751
20708
Task
20705
20703
Task
20623
Task
Code
20780
20783
20639
20636
20635
Task
Code
20633
20631
20341
20331
20321
20327
20329
20333
20339
Task
Task
20335
5%
Task
Code
Task
Code
20155
Task
20521
Task
80177
20547
20609
Code
20601
20529
20757
20759
Code
20755
20507
20353
20323
20343
20346
Code
20351
Code
20401
20357
20371
20373
20379
Code
Code
20355
4

General Conditions, Continued
Note that hard copies of reports will be sent only to governing jurisdictions that mandate them. All other parties will receive reports electronically. The administrative fee above will receive reports electronically. The administrative fee above will be increased by 1% if additional hard copies of reports are requested. Submittal of project specific forms or resumes will be billed hourly at the Administrative Support Rate.

Minimum Charges (Inspection and Technician Personnel Only - Other Personnel Charged on Portal to Portal Basis) 2-Hour Minimum: Inspector arrives at jobsite, no work to perform. 4-Hour Minimum: 1 to 4 hours of inspection
8-Hour Minimum: Over 4 to 8 hours of inspection
8-Hour Minimum: Night Work
Regular Time (All Types of Inspection and also All Non-Exempt Employees) The first 8 hours worked Monday through Friday between 4:00 a.m. and 2:00 p.m. except as noted otherwise below.

Premium (All Types of Inspection and also All Non-Exempt Employees) Work performed in excess of eight (8) hours in any one working day or forty (40) hours in any one week shall be paid for at one and one-half (1-1/2) times the regular rate of pay. Premium shall be reckoned by the hour and half-hour. Work performed in excess of twelve (12) hours in any one (1) working day shall be paid at two (2) times the regular rate of pay.

Saturday and Sunday Work (All Types of Inspection and also All Non-Exempt Employees) Work performed on Saturday as defined below shall be paid for at one and one-half (1-1/2) times the regular rate of pay for the first eight (8) hours of work and at two (2) times the regular rate of pay for all hours worked in excess of eight (8). Work performed on Sunday as defined below shall be paid for at two (2) times the regular rate of pay for all hours worked. A shift, which commences on or after 1:00 a.m. on Saturday morning and before 1:00 a.m. on Sunday morning shall be deemed Saturday work for the entire shift. A shift, which commences on or after 1:00 a.m. on Sunday morning and before 1:00 a.m. on Monday morning shall be deemed Sunday work for the entire shift.

Night Shifts
When work is performed on a night shift the rate will be $9.00 greater than the applicable rate. A night shift is a shift, which commences after 2:00 p.m. or before 4:00 a.m. during any twenty-four (24) hour period commencing at 12:01 a.m.

Disruptive Shift Pay
Provides a minimum of eight (8) hours of night shift pay when the night shift precludes the Employee from working the day following the night shift, excluding weekends and holidays.

Holidays
The following shall be considered as holidays under this Agreement and when work is performed on these days, an Employee shall be paid at two times his or her regular straight-time rate of pay: New Year's Day, President's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, the day after Thanksgiving Day and Christmas Day. Should any of these holidays fall on Sunday, the following Monday shall be considered a holiday. When a holiday falls on Saturday the Friday before shall be considered the holiday.

Meal Period
When personnel are required by their duties to work more than five consecutive hours without a one-half hour uninterrupted meal period, one half hour at double time rate will be charged in addition to any applicable overtime for actual hours worked.

Travel Time and Mileage
For projects outside a 50-mile radius from the nearest Twining facility, per excess mile to and from the project will be charged for inspectors and technicians. Other than small tools, whenever project related equipment is required to be transported to and from the project site, time and mileage for inspectors and field technicians will be billed on a portal to portal basis.

For all projects, current IRS mileage rate per mile and applicable travel time will be charged portal to portal for engineers, consultants, supervisors, and laboratory technicians from the laboratory to the project site and return.

For work locations located 100 miles or more from Twining, travel time will be charged at the relevant rate for inspectors and technicians in addition to a subsistence allowance as detailed below.

Weekend Sample Pick-Ups
In order to be in conformance with testing standards, it may be required that weekend pick-ups be performed (e.g. concrete specimens cast on Friday must be picked up on weekend in order to be in conformance with ASTM C31 requiring specimens to be moved to their final curing location within 48 hours of casting.) Applicable charges for weekend work will apply when this is required. Should these charges not be authorized, Twining will not be liable for any negative consequences.

Reimbursable Expenses
Parking, air fare, car rental, food, lodging and project specific software/applications (e.g. PlanGrid, Procore, etc.) will be charged at cost plus 20% per processed invoice, unless provided by client.

Project Specific Documents
Costs presented assume that client will provide project specific documents (plans, specifications, submittals, RFIs, etc.) for all inspection personnel. Should project specific documents be provided electronically through a "for fee" service, the client will be responsible for providing access and paying any fees for the service.

Project Site Facilities
Prices quoted assume that initial curing facilities for test samples that comply with relevant test standards and project requirements are provided by others. In addition, prices quoted assume that work/desk space for inspection staff are provided by others. Additional costs, provided by quotation, will apply should Twining be required to provide such facilities.

Subsistence
Subsistence on remote jobs will be charged per quotation.

Laboratory Testing Hours and Expedited Testing
Please note that laboratory testing will be billed on an hourly basis for non-standard tests. If testing is required to be performed on Saturdays, Sundays, holidays, or before 5:30 a.m. or after 4:00 p.m. on weekdays, an additional hourly charge, at the applicable regular, overtime or double time rate, with a minimum of one hour will be applied for the laboratory technician. For rush testing a 50% surcharge in addition to the regular test rate will apply.

Cost plus 20%
Cost plus 20%
Cost plus 20%
Charges for Subcontracted Services
Material sent to outside laboratory for testing:

Material sent to outside fabricator or machine shop:

Glu-Lam beam inspection:

Other subcontractors:

Project exclusive equipment purchase:

Additional Insurance Coverage
Any requirements for additional insurance policies or coverage beyond our normal policies/limits (e.g. SML coverage) may be provided at an additional fee and will be quoted on a per project requirements basis.

Cost plus 20%
Cost plus 20%
5

General Conditions, Continued
Certified Payroll
Certified payroll will be provided, upon request, at an additional charge of $150.00/month. Fee applies to every month that certified payroll must be submitted regardless of whether or not services were provided for any given month.

Final Reports Required by Jurisdiction
If a final report or affidavit is required, we must first review all inspection and testing reports and clear up any unresolved issues on these reports. These issues will typically require approval by the engineer or architect of record. This process can take several weeks or just a day, depending on the number and complexity of the issues. Cost for final reports will be billed hourly.

Terms of Payment
Fees charged are for professional and technical services and are due upon presentation. If not paid within 30 days from date of invoice, they are considered past due and the maximum legal finance charge will be added to the unpaid balance.

In addition, should the client require that invoices be submitted through a web based or electronic system, the client will be responsible for all costs associated with the use of the system.

A 3% fee will be applied for payments processed by credit card.

All invoice errors or necessary corrections shall be brought to the attention of Twining within 15 days of receipt of invoice. Thereafter, customer acknowledges invoices are correct and valid. Twining reserves the right to terminate its services to a customer without notice if all invoices are not current. Upon such termination of services, the entire amount accrued for all services performed shall immediately become due and payable. Customer waives any and all claims against Twining, its subsidiaries, affiliates, servants, and agents for termination of work on account of these terms.

In the event of any litigation arising from or related to any agreement to provide services whether verbal or written, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorney's fees and all other related expenses in such litigation. Additionally, in the event of a non-adjudicative settlement of litigation between the parties or a resolution of dispute by arbitration, that same process shall determine the prevailing party.

Hold Specimens
All "hold" specimens are charged at the applicable test rate whether tested or not.

Specimen Sampling and Disposal
Twining samples materials used in construction in accordance with standard practices, methods, codes, and relevant project requirements. Representativeness of sampling and accuracy of testing are subject to the same probabilistic and precision limitations as governing standards, codes and project technical provisions.

Should samples be provided by others Twining cannot warrant or guarantee that material is representative of material that is or will be used in actual construction of the project.

Specimens will be discarded after testing unless Twining has been notified prior to testing that the customer wishes to retrieve the specimens or storage arrangements are made. Costs for storage will be by quotation.

Oversize Specimens
An extra charge will be made when test specimens require more than one person to handle because of size or weight.

Elevated Work Platforms
In the event an elevated work platform is required to safely complete our work, the client must provide safe access for Twining personnel for all required inspection, testing, sampling, etc. including a trained and certified operator or qualified inspector as applicable. Twining will not be responsible for signing waivers associated with providing such access. Should Twining be required to supply an elevated work platform, we will contract with a qualified vendor and the markups shown above will apply. 6

14 Updated August 2024

EXHIBIT C

SCHEDULE OF PERFORMANCE
As needed Basis from July 1, 2025 to June 30, 2028

City Council
Meeting Minutes
Mark Turner - Mayor
Yvonne Martínez Beltrán - Mayor Pro Tem
Soraida Iwanaga - Council Member
Marilyn Librers - Council Member
Miriam Vega - Council Member
Wednesday, June 4, 2025
Special meeting at 5:00 p.m. for a Closed Session at the address below:

City Hall, Grand Conference Room
17575 Peak Avenue, Morgan Hill, CA 95037
Regular meeting at 6:00 p.m. at the address below:

Council Chamber Building, West Conference Room
17555 Peak Avenue, Morgan Hill, CA 95037

SPECIAL/REGULAR MEETING
A special meeting of the City Council is called at 5:00 p.m. for the purpose of conducting a closed session.

SPECIAL MEETING
5:00 p.m. Closed Session

CALL TO ORDER
Mayor Turner called the Special City Council meeting to order at 5:00 p.m.

ROLL CALL ATTENDANCE
City Clerk Michelle Bigelow called the roll.

PRESENT Mark Turner, Yvonne Martinez Beltran, Soraida Iwanaga, Marilyn Librers, Miriam Vega
ABSENT None
Council Member Vega participated via Zoom.

June 4, 2025
2 DECLARATION OF POSTING AGENDA
City Clerk Michelle Bigelow declared the posting of the agenda.

CLOSED SESSION
City Attorney Donald Larkin announced the closed session items.

CONFERENCE WITH LABOR NEGOTIATORS
Authority: Pursuant to Government Code Section 54957.6
City Negotiators: Christina Turner, City Manager; Donald Larkin, City Attorney; Michael Horta, Human Resources Director; Dat Nguyen, Finance Director; Chris Ghione, Assistant City Manager, Public Services
Employee Organization: Morgan Hill Police Officers Association; AFSCME Local 101 Morgan Hill; Community Service Officers Association; Employees Covered under Management Resolution #21-050

CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Significant Exposure to Litigation § 54956.9(b)
(Unknown Number of Cases)
Potential Builders' Remedy Litigation

OPPORTUNITY FOR PUBLIC COMMENT
Public comment opened at 5:02 p.m. There being no requests to speak, public comment closed.

ADJOURN TO CLOSED SESSION
The meeting adjourned to closed session at 5:02 p.m.

REGULAR MEETING
6:00 p.m.

The regular meeting convened at 6:00 p.m.

SILENT INVOCATION

PLEDGE OF ALLEGIANCE

PROCLAMATION
LGBTQ+ Pride Month

June 4, 2025
3 RECOGNITIONS
MH Pony Baseball - Toros 12U
Jeff Dixon

CITY COUNCIL REPORTS
Council Member Librers shared that she was recently appointed to the Recycle Waste Reduction Commission for a six-year term. She mentioned that they are currently focused on food waste from restaurants, schools and other institutions.

June 4, 2025
4 CITY MANAGER'S REPORT
City Manager Christina Turner shared the following updates:

Business Support Services Program Launch
• A successful Open House was held in partnership with MHUSD and the Renaissance Entrepreneurship Center.
• Over 30 attendees, the majority of whom were Spanish speakers, requested translated materials.
• The first cohort (Spanish only) begins on June 5 at the Community Adult School. • First virtual bilingual workshop on June 11.

Public Art Master Plan Workshop
• A workshop was held at the Council Chamber, with vision and goals displayed in the lobby.
• LCAC gathered ~300 community inputs, including youth feedback from schools. • Upcoming interactive chalk wall installation to gather feedback, installation coming to CCC in June and library in July.

Police Department Hiring
• Recruiting for Explorers (16–21), Cadets (18–21), MSOs (21+), and Officers. • Visit the City website for details and to apply or share with others.

Butterfield Fire Station Ribbon Cutting
• Ceremony this Saturday, June 7, at 9:00 a.m.
• Celebrates the new fire station at 17285 Butterfield Blvd. • Parking is available in the adjacent VTA lot.

National Night Out
• Scheduled for Tuesday, August 5, 5:00–8:00 p.m. at Civic Center Plaza.

CITY ATTORNEY'S REPORT
City Attorney Donald Larkin reported that there was no reportable action from the first closed session, which took place earlier in the evening, and the second closed session was continued after the regular meeting.

June 4, 2025
5 OTHER REPORTS
Mayor Pro Tem Martinez Beltran shared updates on recent events and activities. She participated in the U.S. 101/State Route 25 interchange groundbreaking ceremony and attended the Memorial Day Ceremony in downtown Morgan Hill on May 26. On May 27, she celebrated the grand opening of Chick-fil-A, followed by the “Here I Am” interfaith event hosted by Congregation Emeth and Advent Lutheran Church on May 28. On May 29, she welcomed representatives from Silicon Valley Clean Energy for a tour of the new fire station and the battery storage facility at the CRC. She also attended the Latino Leadership Alliance meeting this past Friday.

Council Member Iwanaga shared that she and Council Member Vega attended the graduation ceremony for the Northern California Carpenters Union. She noted it was inspiring to hear the graduates’ stories. She also attended the Wednesday night Antisemitism Education Night and commended the speakers for doing a phenomenal job.

Mayor Turner attended the Farm Tech groundbreaking at Sobrato High School, the Antisemitism Education Night, and volunteered at the Mushroom Festival over two days, calling it a great community event. He also participated in the groundbreaking for the U.S. 101/State Route 25 interchange and attended the 100th anniversary celebration of Guglielmo Winery.

Council Member Vega also attended the Antisemitism Education Night and expressed appreciation to Chris for the tour of the water facilities.

PUBLIC COMMENT
Public comment opened at 6:23 p.m. There being no requests to speak, public comment closed.

ADOPTION OF AGENDA
MOTION:

Adopting the agenda as posted.

RESULT: Passed
MOVER: Mayor Pro Tem Martinez Beltran
SECONDER: Council Member Librers
AYES: Mayor Turner, Mayor Pro Tem Martinez Beltran, Council Member Iwanaga, Council Member Librers, Council Member Vega
NAYS: None
ABSTAIN: None
ABSENT: None

June 4, 2025
6 CONSENT CALENDAR
Items appearing on the Consent Calendar are considered routine and may be approved by one motion. Pursuant to City Council Policies and Procedures (CP 97-01), any member of the Council or public may request to have an item removed from the Consent Calendar for comment and action.

MOTION:

Approving consent calendar items 1–5, 8, and 9.

RESULT: Passed
MOVER: Mayor Pro Tem Martinez Beltran
SECONDER: Council Member Librers
AYES: Mayor Turner, Mayor Pro Tem Martinez Beltran, Council Member Iwanaga, Council Member Librers, Council Member Vega
NAYS: None
ABSTAIN: None
ABSENT: None

1. ACCEPTANCE OF 2024 PAVEMENT REHABILITATION PROJECT IN THE AMOUNT OF $3,220,947
Recommendation:

1. Accept as complete the 2024 Pavement Rehabilitation Project;

2. Authorize the City Engineer to sign the Notice of Completion; and

3. Direct the City Clerk to file said Notice of Completion with the County Recorder's Office.

2. ADOPT ORDINANCE NO. 2364, NEW SERIES, UPDATING AND

DESIGNATING FIRE HAZARD SEVERITY ZONES IN LOCAL

RESPONSIBILITY AREAS
Recommendation:

Waive the reading, adopt Ordinance No. 2364, New Series, and declare that said title, which appears on the agenda, shall be determined to have been read by title and further reading waived.

3. ADOPT ORDINANCE NO. 2365, NEW SERIES, AMENDING SECTIONS

3.04.240 (CONSULTANT CONTRACTS) AND 3.04.250 (REQUEST FOR PROPOSALS) OF CHAPTER 3.04 (PURCHASING) OF TITLE 3 (REVENUE

June 4, 2025
7 AND FINANCE) OF THE MUNICIPAL CODE OF THE CITY OF MORGAN HILL

REGARDING PROCUREMENT OF ARCHITECTURAL, LANDSCAPE

ARCHITECTURAL, ENGINEERING, ENVIRONMENTAL, LAND SURVEYING,

AND CONSTRUCTION PROJECT MANAGEMENT SERVICES PURSUANT

TO ARTICLE XXII OF THE CALIFORNIA CONSTITUTION AND
GOVERNMENT CODE § 4529.10 ET SEQ.

Recommendation:

Waive the reading, adopt Ordinance No. 2365, New Series, and declare that said title, which appears on the agenda, shall be determined to have been read by title and further reading waived.

4. ADOPT ORDINANCE NO. 2366, NEW SERIES AMENDING CHAPTER 5.32 (MASSAGE ESTABLISHMENTS AND MASSAGE PROFESSIONALS PERMIT REQUIREMENTS) OF TITLE 5 (BUSINESS LICENSES GENERALLY) OF THE

MUNICIPAL CODE OF THE CITY OF MORGAN HILL MODIFYING THE

PERMITTING PROCEDURE FOR MASSAGE THERAPY ESTABLISHMENTS

AND SERVICES
Recommendation:

Waive the reading, adopt Ordinance No. 2366, New Series, and declare that said title, which appears on the agenda, shall be determined to have been read by title and further reading waived.

5. APPROVE COUNTY OF SANTA CLARA FISCAL AGENT SERVICE

AGREEMENT
Recommendation:

1. Approve the FY 25-26 Fiscal Agent Service Agreement with the County of Santa Clara in the amount of $399,543; and

2. Authorize the City Manager to execute and administer the Fiscal Agent Service Agreement with the County of Santa Clara, with the option to extend the contract for up to four additional one-year terms in amounts to be approved by the County of Santa Clara Recycling and Waste Reduction Commission as part of their annual budget approval process.

8. APPROVE THE MAY 21, 2025 CITY COUNCIL MEETING MINUTES Recommendation:

Approve minutes.

9. AWARD OF 2025 MORGAN HILL WATER MAIN REPLACEMENT PROJECT TO DPI, INC.

Recommendation:

1. Approve the 2025 Morgan Hill Water Main Replacement Project Plans and

June 4, 2025
8 Specifications;

2. Award 2025 Morgan Hill Water Main Replacement Project to DPI, Inc. in the amount of $537,800;

3. Authorize the expenditure of contingency in the amount of $107,560; and

4. Authorize the City Manager to execute and administer the construction contract with DPI, Inc.

ITEMS PULLED FOR DISCUSSION

6. APPROVE THE 2024 ANNUAL MILITARY EQUIPMENT USE REPORT Recommendation:

1. Approve the 2024 Annual Military Equipment Use Report and the continued use of the controlled equipment contained in the report; and

2. Authorize the purchase of controlled equipment for approximately $32,581.

City Manager Christina Turner provided a report. Police Chief Shane Palsgrove answered questions.

Public comment opened at 6:29 p.m. There being no requests to speak, public comment closed.

MOTION:

Approving the recommended action.

RESULT: Passed
MOVER: Mayor Pro Tem Martinez Beltran
SECONDER: Council Member Iwanaga
AYES: Mayor Turner, Mayor Pro Tem Martinez Beltran, Council Member Iwanaga, Council Member Librers, Council Member Vega
NAYS: None
ABSTAIN: None
ABSENT: None

7. APPROVE CITY COUNCIL ASSIGNMENT UPDATE TO SILICON VALLEY CLEAN ENERGY (SVCE) FOR 2025
Recommendation:

1. Approve the appointment of Mayor Mark Turner as the alternate representative to the Silicon Valley Clean Energy Authority (SVCE),

June 4, 2025
9 replacing outgoing staff member Tanya Carothers; and

2. Direct the City Clerk to notify SVCE of the updated assignment and update the Form 806 as necessary.

City Manager Christina Turner provided a report.

Public comment opened at 6:35 p.m. There being no requests to speak, public comment closed.

MOTION:

Approving the recommended action.

RESULT: Passed
MOVER: Council Member Librers
SECONDER: Council Member Vega
AYES: Mayor Turner, Mayor Pro Tem Martinez Beltran, Council Member Iwanaga, Council Member Librers, Council Member Vega
NAYS: None
ABSTAIN: None
ABSENT: None

10. RATIFY CITY POSITION ON PENDING LEGISLATION
Recommendation:

Ratify the City’s position opposing pending legislation, Senate Bill 16 (Blakespear) Homeless Housing, Assistance, and Prevention program: housing element.

City Manager Christina Turner provided a report.

Public comment opened at 6:39 p.m. There being no requests to speak, public comment closed.

MOTION:

Approving the recommended action.

RESULT: Passed
MOVER: Mayor Pro Tem Martinez Beltran
SECONDER: Council Member Librers
AYES: Mayor Turner, Mayor Pro Tem Martinez Beltran, Council Member Iwanaga, Council Member Librers, Council Member Vega
NAYS: None

June 4, 2025
10 ABSTAIN: None
ABSENT: None

11. RECEIVE MONTHLY BUDGET UPDATE AND APRIL 2025 FINANCIAL AND

INVESTMENT REPORTS
Recommendation:

Receive and file reports
City Manager Christina Turner provided a report. Finance Director Dat Nguyen answered questions.

Public comment opened at 6:42 p.m. There being no requests to speak, public comment closed.

MOTION:

Approving the recommended action.

RESULT: Passed
MOVER: Mayor Pro Tem Martinez Beltran
SECONDER: Council Member Iwanaga
AYES: Mayor Turner, Mayor Pro Tem Martinez Beltran, Council Member Iwanaga, Council Member Librers, Council Member Vega
NAYS: None
ABSTAIN: None
ABSENT: None

PUBLIC HEARINGS

12. RECEIVE A REPORT ON CITY OF MORGAN HILL VACANCIES, AND

RECRUITMENT AND RETENTION EFFORTS
Recommendation:

Receive the informational report on City of Morgan Hill Vacancies, and Recruitment and Retention Efforts Pursuant to Government Code Section 3502.3 (AB 2561).

Human Resources Director Michal Horta provided a presentation and report.

The public hearing opened at 6:55 p.m. There being no requests to speak, the public hearing closed.

Report Received.

The meeting recessed at 6:56 p.m. and reconvened at 7:04 p.m.

June 4, 2025
11 OTHER BUSINESS

13. ADOPT OR DO NOT ADOPT A RESOLUTION AUTHORIZING THE DISPLAY

OF THE JUNETEENTH FLAG
Recommendation:

Adopt or do not adopt a resolution authorizing the display of the Juneteenth Flag for the week of June 16-20, 2025.

City Clerk Michelle Bigelow provided a report. City Attorney Donald Larkin answered questions.

Public comment opened at 7:18 p.m. The following people were called to speak:

Robert Frank Aguirre
Terry Hernandez
There being no further requests to speak, public comment closed.

MOTION:

Adopting a resolution authorizing the display of the Juneteenth flag for the week of June 16-20, 2025, at City Hall.

RESULT: Passed
MOVER: Mayor Turner
SECONDER: Council Member Iwanaga
AYES: Mayor Turner, Mayor Pro Tem Martinez Beltran, Council Member Iwanaga, Council Member Librers, Council Member Vega
NAYS: None
ABSTAIN: None
ABSENT: None

14. ADOPT FISCAL YEARS (FY) 2024-25 AND 2025-26 MID-CYCLE BUDGET AMENDMENTS; APPROVE THE FY 2025-26 COMMUNITY FUNDING;

AUTHORIZE THE CITY MANAGER TO ENTER INTO THE AGREEMENTS

WITH THE COUNTY OF SANTA CLARA FOR ANIMAL SHELTERING
SERVICES AND EMERGENCY MEDICAL DISPATCH SERVICES; AMEND

THE FISCAL POLICY TO ELIMINATE THE ALLOCATION OF GENERAL FUND BUDGET SAVINGS TO THE OPEB SECTION 115 TRUST; DELEGATE

THE AUTHORITY TO THE CITY MANAGER TO RENEW SOFTWARE
LICENSES IF THEY ARE INCLUDED IN THE ADOPTED BUDGET; AND

REVIEW POTENTIAL BUDGET ACTIONS AND DIRECT STAFF TO

CONTINUE COMMUNITY ENGAGEMENT EFFORTS FOCUSED ON SERVICE

PRIORITIZATION AND OR A REVENUE ENHANCEMENT MEASURE
Recommendation:

1. Adopt a resolution amending the Adopted Fiscal Year (FY) 2024-25 and

June 4, 2025
12 2025–26 budgets;

2. Approve the FY 2025-26 Community Funding;

3. Authorize the City Manager to enter into agreements with the County of Santa Clara for Animal Sheltering Services and Emergency Medical Dispatch Services;

4. Amend the Fiscal Policy to eliminate the allocation of General Fund Budget Savings to the OPEB Section 115 Trust;

5. Delegate the authority to the City Manager to renew software licenses if they are included in the Adopted Budget; and

6. Review potential Budget actions and direct staff to continue Community Engagement efforts focused on service prioritization and/or a Revenue Enhancement Measure.

Finance Director Dat Nguyen provided a presentation and report.

Public comment opened at 8:26 p.m. The following people were called to speak:

Nick Gaich
Peter Mandel
Mattie Scariot
Matthew Stein (Zoom)
Kathy Sullivan
There being no further requests to speak, public comment closed.

Community Funding - Item 2
MOTION:

Approving option two and directing staff to bring the item back at the June 18, 2025, council meeting for further discussion.

RESULT: Passed
MOVER: Mayor Pro Tem Martinez Beltran
SECONDER: Council Member Vega
AYES: Mayor Turner, Mayor Pro Tem Martinez Beltran, Council Member Iwanaga, Council Member Librers, Council Member Vega
NAYS: None
ABSTAIN: None
ABSENT: None
MOTION:

Approving the recommended actions for items 1 and 3-5.

RESULT: Passed
MOVER: Mayor Pro Tem Martinez Beltran

June 4, 2025
13 SECONDER: Council Member Vega
AYES: Mayor Turner, Mayor Pro Tem Martinez Beltran, Council Member Iwanaga, Council Member Librers, Council Member Vega
NAYS: None
ABSTAIN: None
ABSENT: None
MOTION:

Continuing item 6 to the June 18, 2025, City Council meeting.

RESULT: Passed
MOVER: Mayor Pro Tem Martinez Beltran
SECONDER: Council Member Vega
AYES: Mayor Turner, Mayor Pro Tem Martinez Beltran, Council Member Iwanaga, Council Member Librers, Council Member Vega
NAYS: None
ABSTAIN: None
ABSENT: None

15. PROVIDE DIRECTION TO STAFF ON PROPOSED FUTURE COUNCIL

INITIATED AGENDA ITEM
Recommendation:

Determine if the majority of the City Council wants the following item agendized at a future meeting for discussion:

Create a policy on the regularity of City Council meetings.

City Manager Christina Turner provided the report.

Public comment opened at 9:32 p.m. There being no requests to speak, public comment closed.

MOTION:

Directing staff to bring the council meeting policy discussion forward at a future meeting.

RESULT: Failed
MOVER: Council Member Librers
SECONDER: Mayor Pro Tem Martinez Beltran

June 4, 2025
14 AYES: Mayor Pro Tem Martinez Beltran, Council Member Librers NAYS: Mayor Turner, Council Member Iwanaga, Council Member Vega ABSTAIN: None
ABSENT: None

FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Vega requested a discussion on the flag-raising policy and the order in which flags are displayed.

Council Member Librers requested a policy requiring community funding applications to come before the council within 6 weeks of receipt.

Mayor Pro Tem Martinez Beltran requested an item to explore establishing a standard for fire response.

Mayor Pro Tem Martinez Beltran requested to discuss gathering consent from the council before sending a letter of support between council meetings.

Council Member Iwanaga requested an item to discuss a vacant business tax.

ADJOURNMENT
The meeting adjourned to closed session at 9:36 p.m.

City Attorney Donald Larin announced that there was no reportable action from the closed session.

There being no further business, Mayor Turner adjourned the meeting at 10:42 p.m.

Minutes Prepared by:

Michelle Bigelow, City Clerk

6 CITY COUNCIL STAFF REPORT
MEETING DATE: June 18, 2025
PREPARED BY:

Inga Alonzo, Management Analyst
APPROVED BY: City Manager
APPROVE THE PURCHASE OF A 150KW TRAILER-MOUNTED
PORTABLE DIESEL GENERATOR IN THE AMOUNT OF $169,150

FROM ECB SOLUTIONS, LLC

RECOMMENDATION(S)
Approve and authorize the City Manager to execute a purchase order to ECB Solutions, LLC in the amount of $169,150 for the purchase of a 150kw trailer-mounted portable diesel generator for the Utilities Division.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
2024-2025 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Water System Master Plan
Wastewater System Master Plan
REPORT NARRATIVE:

REPORT NARRATIVE:

Generators are required to provide back-up power to water and wastewater facilities as well as City facilities in the event of a power outage and are necessary to provide essential utility services to the community. Portable generators have a service life of approximately 15 years and therefore need to be replaced periodically. Generators may also be replaced when they no longer meet air quality requirements. The proposed new generator will replace a 2009 (City ID W09023) portable generator which is past its 15- year service life.

Staff issued an Invitation to Bid for the purchase of one 150kW Trailer-Mounted Diesel Portable Generator, with bids due by May 15, 2025. The bid was posted to the City website, Santa Clara Builders Exchange, San Francisco Builders Exchange, and was published in the Morgan Hill Times. Specifications for the generator were designed to comply with ARB "Tier 4 Final" standards. Tier 4 refers to a set of emission

6 requirements established by the EPA and enforced by the California Air Resources Board (CARB) to reduce emissions of particulate matter and air toxics from new, nonroad diesel engines. The Tier 4 Final rating ensures the longest possible air quality regulatory compliance window and therefore the longest service life of the generator.

The specifications required each bidder to indicate their capability to fulfill 71 different requirements and to identify any design deviations. Five bids were received for the generator, but two were deemed nonresponsive to the bid specifications. The ECB Solutions bid offered the lowest price and met the general specifications.

Generator Bid Summary
Tier 4
Company Price Final
Collicutt Energy $184,771.46 Yes
ECB Solutions $169,150.00 Yes
Leete Generators $187,927.00 Yes
COMMUNITY ENGAGEMENT:

Not Applicable
The purchase of vehicles and equipment for the operations within the Utilities Division is a necessary function to support the operations of the City and therefore no community engagement was performed.

ALTERNATIVE ACTIONS:

The City Council could choose to reject the bid and not approve the purchase of this generator. This is not recommended as the current generator is a Tier 3 and needs to be replaced to comply with federal EPA and state CARB regulations, and is also a necessary piece of critical equipment to ensure we can operate our utility systems during extended power outages.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The last portable generator purchase was approved by the Council on October 23, 2019, for two portable 150kw trailer-mounted generators at a cost of $84,776 each.

FISCAL AND RESOURCE IMPACT:

The cost of the generator is significantly higher than anticipated, due to inflationary factors for this type of equipment. City staff do not recommend delaying this purchase as we believe continued cost increases in the near term are extremely likely. There is $85,000 in the replacement fund budgeted for this purchase. The rest of the funds, totaling $84,150, would be funded from savings in the Water (50%) and Sewer Operations (50%) budget in Fiscal Year 2024/25.

CEQA (California Environmental Quality Act):

Categorical Exemption
The planned maintenance and management of city facilities falls within the CEQA

6 categorical exemption of Class 1, Existing Facilities.

May 14, 2025
City of Morgan Hill
Inga Alonzo
[email protected]
Greetings,
We are pleased to submit a REVISED response to the City of Morgan Hill for the following bid:

UD-BID-2025-45
150kW Trailer Mounted Diesel Generator
Due May 15, 2025 3:00 PM Local Time
*equipment specifications on the following pages
ECB Solutions’ mission is to develop a cost-effective and comprehensive solution to your power distribution and transmission system needs. We along with our OEM partners stand ready to provide world-class products, service, and support.

We thank you for the opportunity to present our proposal and appreciate your consideration. If you have any questions, please do not hesitate to contact us.

Sincerely,
ECB Solutions, LLC
Ellis Bledsoe, Principal Owner

PUBLIC SERVICES DEPARTMENT
100 EDES COURT
MORGANHILL, CA 95037
GENERAL: (408) 776-7333
WWW.MORGANHILL.CA.GOV
ADDENDUM NO. 1
DATE: May 9, 2025
TO: Prospective Bidders for a 150kW Trailer Mounted Diesel Generator FROM: Inga Alonzo, Administrative Analyst
SUBJECT: Questions and Answers
Question from prospective bidder:

Concern with the project:

1. Reference: Page 3, Part 2, Paragraph 2.7.K, Circuit Breaker Rating a. Specification calls for generator main line circuit breaker to be rated 225A @ 480VAC, 3 Phase.

2. Reference Page 5, Part 2, Paragraph 2.11, Crouse-Hinds Connector Rating a. Specification calls for generator output (protected by 225A main line circuit breaker) to be terminated to a connector with a rating of 200A @ 480VAC, 3 Phase.

Concern is, unless provisions have been approved otherwise, all downstream components & cabling fed by the generator output, must be rated equal to, or greater than the circuit protective device in the circuit.

The Crouse-Hinds connector is rated only 200A.

Please advise any further data available.

Answer:

Specification 2.7, Letter K. is updated to “Molded-case line, 200-amp main line UL listed circuit breaker”.

Bidders can either use the updated page attached or cross out and correct on the original document.

ADDENDUM ACKNOWLEDGMENT
Bidder acknowledgesreceipt of this addendum, which shall be attached to the proposal.

Contractor’s Representative Date

THIS DOCUMENT SHALL BECOME PART OF THE PROJECTS SPECIFICATION Ellis Bledsoe, Owner/Principal 5/14/2025

CITY OF MORGAN HILL

UTILITIES DIVISION - INVITATION TO BID
150 kW TRAILER MOUNTED DIESEL GENERATOR

THIS FORM MUST BE USED WHEN SUBMITTING BID
“Proprietary”, the City will provide Contractors who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. The City will not be responsible for any legal or other costs incurred by Contractors seeking to shield a portion of their bid from public disclosure.

Incurred Costs. The City is not liable for any costs incurred by any company responding to this Bid.

PART 1. GENERAL SPECIFICATIONS

1.1 The intent and purpose of this bid is to secure one trailer mounted 150 kW diesel generator set of the latest commercial type and design for use as emergency power for 150 hp pump motor code G with reduced voltage auto transformer starting at 65% tap. Any additions, deletions or deviations from the following specifications must be clearly noted in the “DEVIATION” column or the bid will be disqualified. One copy of the manufacturer’s published specifications shall be included with the bid.

1.2 The diesel engine set shall be a product of a company regularly engaged in the production of generator sets for a minimum of ten years. The generator sets shall be new, unused, and suitable for the intended use.

1.3 Rating of the generator set shall be based on operation of the set when equipped with all necessary operating accessories at an altitude of less than 3,000 ft and an ambient temperature of less than 120 F degrees.

The generator set for the well pump shall be rated 150 kW continuous standby, 277/480, 3 phase, 4 wire, 60 Hz,

0.8 power factor at 1,800 rpm.

1.4 Generator must be capable of regenerating exhaust automatically and be able to run continuous under all load conditions: no-load, intermittent load, and continuous load.

1.5 All initial permitting and license requirements for use of the generator and the trailer, such as DMV, Bay Area Air Quality, DOORS, Air Resources Board (PERP) shall be obtained by the vendor on behalf of the City of Morgan Hill provided to the City upon delivery.

1.6 Delivery of a completed generator shall be made within 6 months of the awarded bid.

COMPANY NAME:____________________________________
PART 2. PRODUCTS YES/NO DEVIATION

2.1 ENGINE
A. Diesel powered domestically manufactured
B. 8.1L, 6 cylinder, 4 cycle, turbocharged/aftercooled
C. CARB Certified Tier 4
D. Max. hp at rated rpm: hp
E. Electronic isochronous governor with a 0.5%
frequency regulation
ECB Solutions, LLC
Yes
Yes
Yes
237 Yes
Yes

CITY OF MORGAN HILL

UTILITIES DIVISION - INVITATION TO BID
150 kW TRAILER MOUNTED DIESEL GENERATOR

THIS FORM MUST BE USED WHEN SUBMITTING BID
PART 2. PRODUCTS YES/NO DEVIATION
F. Dry Element replaceable air cleaner
G. Solenoid activated starter motor
H. State manufacturer of engine

2.2 LUBRICATING SYSTEM
A. 28 qt. oil pan capacity
B. Full flow/by-pass type filter
C. Oil cooler
D. Oil drain extension

2.3 FUEL SYSTEM
A. Engine rated for #2 diesel fuel
B. Fuel filter to 10 microns with replaceable element
C. Tank to be UL listed with secondary containment
and leak detector
D. Fuel tank size 150 gal. min. 200 gal. max. with leak detection, low fuel alarms
E. Fuel lines shall be flexible construction

2.4 COOLING SYSTEMS
A. Pressurized closed recovery system with radiator
and guarded fan
B. Centrifugal-type water pump to be pre-lubed and
self-sealing
C. 9.6 gal. min. capacity and filled with 50/50
antifreeze/water mixture
D. External Block heater with thermostat-120V 2000W
max with shutoff valves
E. Radiator drain extension

2.5 EXHAUST SYSTEM
A. Critical exhaust silencer
B. Tail pipe and rain cap
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes

CITY OF MORGAN HILL

UTILITIES DIVISION - INVITATION TO BID
150 kW TRAILER MOUNTED DIESEL GENERATOR

THIS FORM MUST BE USED WHEN SUBMITTING BID
PART 2. PRODUCTS YES/NO DEVIATION

2.6 ENGINE ELECTRICAL SYSTEM
A. Two batteries with sufficient capacity for cranking
the engine for 40 sec. at firing speed
B. Cyclic cranking with crank limiter
C. Batteries shall be rack mounted and include all
cables
D. A suitable battery charging alternator
E. An appropriate automatic trickle charger
F. One 50 ft. 12 AWG extension cord with two duplex
receptacle convenience outlets (120v) mounted
inside generator enclosure to power both trickle
charger and block heater

2.7 GENERATOR
A. Domestically manufactured
B. The alternator shall be of the 4-pole revolving field, 12 lead, re-connectable, single bearing, brushless
type
C. Flexible disc coupling
D. 1% voltage regulation
E. Solid state voltage regulator
F. Frequency regulation 5% steady state no load to
steady state rated load
G. System shall accept 100% of rated load at rated
power factor
H. Voltage dip shall not exceed 15% of rated and
recover within 2 1/2 sec at max load.

I. Self-ventilated, drip-proof construction
J. Sustain short circuit current at 300% of rated current up to 10 sec.

K. Molded-case line, 200- amp main line UL listed
circuit breaker
Yes
Yes
Yes
Yes
Yes
No
standard 5-Wire Terminal Board
(L1, L2, L3, Neutral, Ground)
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes

CITY OF MORGAN HILL

UTILITIES DIVISION - INVITATION TO BID
150 kW TRAILER MOUNTED DIESEL GENERATOR

THIS FORM MUST BE USED WHEN SUBMITTING BID
PART 2. PRODUCTS YES/NO DEVIATION

2.8 CONTROLLER
A. NEMA 1 control panel with rubber isolator mounts
B. Manual off-auto switch with indicator lamp
C. Volts, amps and frequency meters
D. Meter phase selector switch
E. Elapsed time meter
F. Lamp test switch
G. Front mounted voltage adjusting rheostat
H. Engine cool-down timer
I. Indicator lamps for:

1. High engine temp safety shut down

2. Not in auto

3. Low oil pressure safety shut down

4. Overspeed safety shut down

5. Over-crank safety shut down

6. Emergency stop

7. Low fuel

8. Low battery

2.9 TRAILER
A. 14,000 lb. rated, dual axle flat bed, pintel hitch, steel welded trailer equipped with electric brakes seven
round pin connector SAE J560B meeting DOT
regulations-submit specs
B. Trailer shall include a welded tongue jackstand, leaf springs, rear stabilizer jacks, IC lighting
C. Skid mounted generator set shall be secured
attached to trailer frame
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes

CITY OF MORGAN HILL

UTILITIES DIVISION - INVITATION TO BID
150 kW TRAILER MOUNTED DIESEL GENERATOR

THIS FORM MUST BE USED WHEN SUBMITTING BID
PART 2. PRODUCTS YES/NO DEVIATION
D. Fuel tank shall be mounted within trailer frame
E. 3 ft safety chains

2.10 CHASSIS
A. Sound attenuated (maximum 68 dBA @ 23 ft. at full
load) weatherproof outdoor enclosure constructed
by the manufacturer of the generator
B. Protective housing shall have lockable doors and
painted with rust proof primer and appropriate
exterior coat

2.11 CABLE
50 ft. of 4-5 wire 4/0 power cable with strain relief
connector hardwired to generator circuit breaker
terminating into a 3ph 4w 600v 200a male CrouseHinds Cat. # AP204512 S22 or equal with dust cap and threaded retainer ring.

2.12 MANUALS
Provide two complete operating and maintenance
manuals for generator and chassis.

2.13 WARRANTY
The diesel generator shall be covered by the
manufacturer’s standard warranty (state terms) for
at least one year
Please specify warranty for make/model bid:

Yes
Yes
No 71 dBA @ 23'
Yes
No
Installed by the customer or
contractor in the field.

Yes
Yes
12 months from date of initial startup, or after 2,000 hours of use whichever comes first.

CITY OF MORGAN HILL

UTILITIES DIVISION - INVITATION TO BID
150 kW TRAILER MOUNTED DIESEL GENERATOR

THIS FORM MUST BE USED WHEN SUBMITTING BID
PART 2. PRODUCTS YES/NO DEVIATION

2.14 JOB SITE DELIVERY
Field start-up services, verify engine safety
shutdowns and building load transfer, without
alarms from generator control panel.

Generator shall be delivered with fuel tank filled to
½ capacity, including DEF tank filled to ½ capacity.

Unloading provided by vendor. ____________
____________
____________ Yes
Yes
Yes

CITY OF MORGAN HILL

UTILITIES DIVISION - INVITATION TO BID
150 kW TRAILER MOUNTED DIESEL GENERATOR

THIS FORM MUST BE USED WHEN SUBMITTING BID
City of Morgan Hill
BID
150Kw Trailer Mounted Diesel Generator
______________________________________________________ (“Contractor”) hereby submits this Bid to the City of Morgan Hill (“City”) for a 150Kw Trailer Mounted Diesel Generator (“Project”) in response to the Invitation for Bids and in accordance with the documents referenced therein.

1. Bid Proposal. Contractor proposes and will provide, if awarded, one 150kW Trailer Mounted Deisel Generator per the specifications laid out in the Invitation for Bid documents herein.

2. Addenda. Contractor acknowledges receipt of the following addenda:

Addendum: Date Received:
#01 _____________
#02 _____________
#03 _____________

3. Bid Warranties. By signing and submitting this Bid, Contractor warrants the following:

3.1 Contractor has thoroughly examined the Bid Documents, and represents that, to the best of Contractor’s knowledge there are no errors, omissions, or discrepancies in the Bid Documents.

3.2 Contractor is fully qualified to perform the Work.

3.3 Contractor has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions contained in their completed Proposal.

This Bid is hereby submitted on _______________________________, 20_______________: ____________________________________________________________________________ Company Name Contact Phone Contact Email ____________________________________________________________________________ Address City State Zip ____________________________________________________________________________ Authorized Signature Name and Title [print] ECB Solutions, LLC
May 7 25
ECB Solutions, LLC 205-215-4347 [email protected] 669 Centerpointe CV Oxford MS 38655
Ellis Bledsoe, Owner/Principal
5/12/2025
May 14