Agenda packet — San Juan Bautista City Council, September 16, 2025

City of San Juan Bautista
The “City of History”
www.san-juan-bautista.ca.us

CITY COUNCIL

REGULAR MEETING
TUESDAY, SEPTEMBER 16, 2025, 5:00 P.M.

HYBRID MEETING
City Hall, Council Chambers
311 Second Street, San Juan Bautista, California
AGENDA

ZOOM WEBINAR PARTICIPATION
The meeting can also be accessed by the public in the following methods: Through Zoom (https://zoom.us/join) per the instruction stated below, and on Facebook.

Please note: If all Council Members are present in person, public participation by Zoom or viewing on Facebook is for convenience only and is not required by law. If the Zoom or Facebook feed is lost for any reason the meeting may be paused while a fix is attempted but the meeting may continue at the discretion of the presiding officer.

JOIN ZOOM WEBINAR TO PARTICIPATE LIVE
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To participate telephonically:
call 1 (669) 900-6833
Webinar ID: 883 7332 0235

1. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call

2. CLOSED SESSION 5:00 P.M. – 6:00 P.M.

Receive public communication from the audience on Closed Session items. The City Council will recess to closed session pursuant to:
a. Conference with Legal Counsel—Existing Litigation – Orozco v. City of San Juan Bautista, et al. (California Government Code section 54956.9(d)(1)) b. Conference with Legal Counsel—Existing Litigation – Kurasaki v. City of San Juan Bautista, et al. (California Government Code section 54956.9(d)(1)) c. Conference with Legal Counsel—Anticipated Litigation – Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9(e)(2): (Enforcement Action by Regional Water Quality Control Board and an additional matter with facts and circumstances that might result in litigation, which are not yet known to a potential plaintiff.) Page | 2 City Council September 16, 2025

3. PROCLAMATION
A. Childhood Cancer Awareness Month, September 2025 – Jacob’s Heart Children’s Cancer Support Services
B. 26th Annual Binational Health Week, October 2025

4. PRESENTATION
A. AB 1466 Restrictive Covenant Modification, Francisco Diaz, San Benito County ClerkRecorder/Registrar of Voters B. Municipal Service Review Governance Structure Options, Jennifer Stephenson, San Benito Local Agency Formation Commission (LAFCO)
C. Aromas/San Juan Bautista Fiber Deployment Project

5. PUBLIC COMMENT
Public comments generally are limited to three minutes per speaker on items that are not on the agenda and are under the City’s subject matter jurisdiction. The Mayor may further limit the time for public comments depending on the agenda schedule.

6. ADMINISTRATIVE REPORT
A. Treasurer’s Report and Monthly Financial Statements

7. CONSENT
All matters listed under the San Juan Bautista City Council Consent Agenda may be enacted by one motion unless a member of the City Council or the public requests discussion or a separate vote.

A. Approve the Affidavit of Posting Agenda
B. Waive Reading of Resolutions and Ordinances on the Agenda Beyond Title C. Street Closure for Certain Special Events
Recommendation: Approve a RESOLUTION Authorizing Closure of Streets for the Vertigo Movie Showing on September 27; and Dia de los Muertos Event on November 1-2, 2025.

D. Drinking Water Transmission Pipeline Design Services, CIP No. 24-01 Recommendation: Approve a RESOLUTION Awarding a contract to Stantec Consulting Services Inc. for the design of the Drinking Water Transmission Pipeline Project, CIP No. 24-01 in an amount not to exceed $1,290,834; and Authorizing the City Manager to approve a contingency of $129,083 (10%) for unanticipated project needs, for a total project authorization of $1,419,917.

E. Professional Services Agreement with G7ei, Inc. for Project Management Services Related to the Water Transmission Pipeline Design
Recommendation: Approve a Resolution approving a Professional Services Agreement with G7ei Inc. to provide project management services for the Import Water District Pipeline Design Project in an amount not to exceed $61,200, and authorize the City Manager to execute the agreement, including any future extensions as outlined therein.

F. Comprehensive User Fee Study, Development Impact Fee Nexus Study and Fee Schedule Update, and a Cost Allocation Plan, CIP No. 21.10 Recommendation: Approve a Resolution Awarding a contract to Matrix Consulting Group for or consultant services to conduct a Comprehensive User Fee Study, Development Impact Fee Nexus Study and Fee Schedule Update, and a Cost Allocation Plan, CIP No. 21.10, in an amount not to exceed $95,900
Page | 3 City Council September 16, 2025
G. Wastewater System Operator Services Agreement with Cypress Water Services, Inc. (Interim WWTP / Conveyance Compliance & Operations Support) Recommendation: Approve a RESOLUTION Approving the Wastewater System Operator Services Agreement with Cypress Water Services, Inc., authorizing the City Manager to execute the Agreement in a form approved by the City Attorney, and approving a notto-exceed annual amount of $134,700; and authorize the City Manager to make minor, non-substantive amendments as needed to carry out the scope of services.

H. Professional Services Agreement with MNS Engineers Inc., for Program Management Services Drinking Water Transmission Pipeline Project
Recommendation: Approve a RESOLUTION authorizing the City Manager to execute a Task Order with MNS Engineers, Inc. under the City’s existing professional services agreement, for program management services related to the San Juan Bautista Water Transmission Main Project, in an amount not to exceed $58,375, subject to final clarification of scope to ensure separation of responsibilities from G7ei (Project Manager) and Stantec (Design Consultant).

I. Policy for City Sponsored Events
Recommendation: Approve a RESOLUTION establishing a standardized Policy for City-Sponsored Events, providing clear eligibility criteria, application requirements, City support guidelines, and accountability measures to ensure alignment with community goals.

J. Approve the Regular Meeting Minutes of June 17, 2025.

K. Approve the Regular Meeting Minutes of August 19, 2025.

8. ACTION ITEMS
The Recommendation indicates the staff recommendation at the time the agenda was prepared. That recommendation does not limit the City Council's alternative actions on any matter before it.

A. Dia De Los Muertos Celebration, November 1-2, 2025
Recommendation: Approve a RESOLUTION authorizing the City Manager to execute the City’s partnership in the 2025 Día de los Muertos celebration, with support limited to in-kind contributions, permit fee reductions, and staff promotion within available capacity.

9. INFORMATIONAL ITEMS AND REPORTS
A. City Manager’s Report
a. Public Safety Department Update
b. Fire Department Update
c. Sheriff Department Update
B. Reports from City Council Representatives to Regional Organizations and Committees C. City Council and Staff Announcements
This is an opportunity for the Council and staff to share the community calendar and announce upcoming dates of interest to the public.

10. ADJOURNMENT
________________________
Elizabeth Soto, City Clerk
Page | 4 City Council September 16, 2025

AGENDA MATERIAL / ADDENDUM
Any addendums will be posted not later than 72 hours before regular meetings or 24 hours of special meetings unless otherwise allowed under the Brown Act. City Council reports may be viewed at the City of San Juan Bautista City Hall at 311 Second Street San Juan Bautista and are posted on the City website www.san-juan-bautista.ca.us subject to Staff’s ability to post the documents before the meeting, or City Clerk Elizabeth Soto at [email protected] or calling (831) 623-4661 during normal business hours.

In compliance with the Americans with Disabilities Act, and Govt. Code 54953(a), the city will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk, a minimum of 48 hours prior to the meeting at (831) 623-4661.

If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure.

A Closed Session may be called during this meeting pursuant to Government Code §54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City.

PUBLIC COMMENT PROCEDURES
If you wish to make a public comment and are attending in person, please fill out a speaker card. If you are attending via Zoom, join the Zoom Webinar, and use the "Raise Hand" or if joining by telephone, press *9 on your telephone keypad icon.

SUBMISSION OF PUBLIC COMMENTS
Written comments may be submitted via mail to the City Clerk at City Hall (P.O. Box 1420, San Juan Bautista, CA 95045), or emailed to [email protected] no later than 3:00 p.m. on the Monday before the meeting.

Written comments will be read into the record provided that the reading does not exceed three (3) minutes.

PUBLIC NOTIFICATION
This agenda was posted on Thursday, September 11, 2025 on the bulletin board at City Hall, 311 Second Street, the bulletin board at the City Library, 801 Second Street, the bulletin board at the entrance to the United States Post Office, 301 The Alameda, and the City’s website. Meetings are streamed live at https://www.facebook.com/cityofsanjuanbautista/.

San Juan Bautista
California
~ HONORING JACOB’S HEART CHILDREN’S CANCER SUPPORT SERVICES & DECLARING SEPTEMBER 2025 AS CHILDHOOD CANCER AWARENESS MONTH ~ WHEREAS, the character of our community is revealed in how we treat our most vulnerable; and
WHEREAS, each year, 19.2 in every 100,000 children in our community will be diagnosed with cancer; and
WHEREAS, cancer remains the leading cause of death by disease among children— more than asthma, diabetes, cystic fibrosis, congenital anomalies, and AIDS combined; and WHEREAS, Jacob’s Heart has been keeping medically fragile children and families housed, fed, and emotionally supported by steadfastly adhering to the following commitments: 1) Parents of children with cancer and other serious illnesses will be relieved of financial fears and able to focus attention on their children: 2) No child undergoing intensive treatment in our community will be homeless; 3) Families of seriously ill children will not experience food insecurity during and after the pandemic; and 4) No child seriously ill child in our community will ever miss a medical appointment because of a lack of transportation; and
WHEREAS, Jacob’s Heart holds the memories and honors legacies of hundreds of children from our local community who have been lost to cancer, ensuring that their memories will never be forgotten; and
WHEREAS, the oncology department at Lucile Packard Children's Hospital at Stanford has worked closely with Jacob's Heart for the past 27 years as a trusted community partner in providing family-centered care that addresses the emotional, practical, and financial struggles of families of children with cancer in the City of San Juan Bautista; and WHEREAS, it is important for all San Juan Bautista City residents to recognize the impact of pediatric cancer on families within our community and honor the children in our community whose lives have been cut short by cancer.

NOW, THEREFORE, I, Mayor Leslie Q. Jordan, on behalf of the San Juan Bautista City Council, hereby declare SEPTEMBER 2025, as CHILDHOOD CANCER AWARENESS MONTH in the City of San Juan Bautista, and do hereby honor JACOB’S HEART CHILDREN’S CANCER SUPPORT SERVICES for outstanding support to our community and acknowledge the organization’s contributions to Childhood Cancer Awareness Month.

Dated this 16th day of September 2025.
____________________________________
Leslie Q. Jordan, Mayor
San Juan Bautista
California
~ 26th Annual Binational Health Week, October 2025 ~
WHEREAS, according to the United States Census in 2017, this country is home to more than 57 million people of Latino origin; and
WHEREAS, Improving the health of mobile populations requires multiple approaches in service design, delivery, funding priorities, and most fundamentally, requires strong binational commitment; and WHEREAS, since 2001 through 2024, the Health Initiative of the Americas and partnering organizations convened twenty-four Binational Health Weeks, an unprecedented effort overseen by multiagency taskforces, which conducted health promotion and education activities for the underserved Latino population in the United States and over 4 million people have benefited from the health activities; and WHEREAS, Binational Health Week reflects coordinated efforts between the United States, Mexico, Canada, Guatemala, Honduras, Colombia, and Peru to improve the quality of life of underserved populations by expanding their access to health care, increasing their health insurance coverage, and reducing their unmet health needs; and
WHEREAS, the Health Initiative of the Americas, and the consular network in the United States of Mexico, Guatemala, Honduras, Colombia, and Peru, are coordinating the Annual Binational Health Week, and activities throughout the country will be centered in the regions with a high level of community health needs; and
WHEREAS, the State of California, acknowledges the many organizations, including San Benito Health Foundation, and all the volunteers collaborating to provide health fairs and educational health workshops; and
WHEREAS, Binational Health Week provides an opportunity to highlight critical health issues in the State of California and throughout the United States and will serve as the basis for future bilateral efforts;
NOW, THEREFORE, I Mayor Leslie Q. Jordan, on behalf of the San Juan Bautista City Council that in honor of those efforts to improve public health, the month of October 2025 be declared “The 26th Annual Binational Health Week” throughout the city.
.

Dated this 16th day of September 2025.
____________________________________
Leslie Q. Jordan, Mayor
9/11/2025
1 AB 1466 RESTRICTIVE COVENANT MODIFICATION

OFFICE OF FRANCISCO DIAZ, COUNTY CLERK-RECORDER / REGISTRAR OF VOTERS

ILLUSTRATION BY JIM COOKE / LOS ANGELES TIMES
HISTORY • In the U.S., including California, many property deeds dating back to 1934 still contain racially
restrictive language. • The Federal Housing Authority encouraged adding racially restrictive language to property deeds,
claiming it would help “protect” property values. • The racially restrictive covenants made it illegal for people of color to purchase, lease, or rent homes in
white communities.
9/11/2025
2 HISTORY CONTINUED • It wasn’t until The 1948 (Shelley v. Kraemer, 334 U.S. 1, 1948) Supreme Court ruling that all racial
restrictive covenants became unenforceable and
illegal. • The 1968 Civil Rights Act, reinforced protections by prohibiting discrimination in the sale, rental
and financing of housing on the basis of race,
color, national origin, religion, sex, disability or
marital status. • However, many of these restrictive covenants are still found in property deeds across San Benito
County.
“Shall not be occupied by any person not of the Caucasian race, and shall not be occupied by any person of the Mexican race or any person of the American Indian race.”
EXAMPLE FROM SAN BENITO COUNTY : 346 HAYDON STREET
9/11/2025
3 ASSEMBLY BILL 1466- RESTRICTIVE COVENANT MODIFICATIONS LAW • AB 1466 is a California law enacted in 2021 aimed at addressing racially and otherwise discriminatory restrictive covenants found in historic property records. The law requires county recorders to identify, redact, and re-record such unlawful language to remove discriminatory restrictions from public property documents. • Homeowners, title companies, real estate professionals, and county recorders can request modifications through a formal process reviewed by county counsel. The law allows counties to charge a small fee for this service, though many have waived it. • Counties were mandated to implement these programs by mid-2022 and report progress to the state. The goal is to eliminate the legacy of discriminatory language in property records and promote fair housing.

STEP 3
4 STEP

MODIFICATION

PROCESS
STEP 1 Authorized individuals—
such as homeowners,
title, escrow companies,
real estate brokers,
agents, and the county
recorder—may identify and redact restrictive covenants.

STEP 2
The County Recorder reviews and verifies the request before forwarding it to County
Counsel for legal
approval.

STEP 3
County Counsel reviews the restrictive covenants and either approves or denies the re-recording before it is finalized as a public record.

STEP 4
The County Recorder re-records redacted restrictive covenants, once approved by County Counsel,
creating a new public record.
9/11/2025
4 The vision for San Benito County is to proactively identify areas affected by discriminatory or unlawful restrictive covenants and take decisive action to remove such
language from official property records.

As part of this initiative, the County will also develop an interactive map that allows residents and stakeholders to visualize the impacted areas and observe demographic
changes over time.

By implementing this program, San Benito County aims to promote equitable property ownership and ensure all
residents have equal access to housing opportunities,
free from the burden of historical biases embedded in
property records. This effort not only addresses past
injustices but also helps build a more inclusive and just community for future generations.

VISION FOR ADDRESSING RESTRICTIVE COVENANTS IN SAN BENITO COUNTY

SAN BENITO COUNTY RECORDER

RESTRICTIVE COVENANT PROGRAM
$125,000

PROJECTED EXPENSES
9/11/2025
5 THANK YOU
PHONE : (831) 634-4046
E-MAIL : [email protected]
WWW.SANBENITOCOUNTY-CA-CRE.GOV

ANA DE CASTRO MAQUIZ

CHIEF DEPUTY CLERK-RECORDER-ELECTIONS
[email protected]
JAQUELINE H. TAYLOR

SENIOR CLERK DEPUTY CLERK-RECORDER
[email protected]
San Benito LAFCO
Regional Wastewater Services
Municipal Service Review
Governance Structure Options
Policy Consulting Associates, LLC
September 2025
What is a Municipal Service Review (MSR)?
In order to prepare and update spheres of influence in
accordance with Section 56425, the Commission shall conduct a service review of the municipal services provided in the county or other appropriate area designated by the Commission.
- Government Code §56430
The MSR content is predetermined by Government Code §56430, which requires LAFCO to make determinations on service capacity, infrastructure needs, disadvantaged communities, growth, financial ability, shared facilities, governance, and other factors related to efficient service delivery.

Regional Wastewater MSR
v City of Hollister
v City of San Juan Bautista
v San Benito County Water
District
v Sunnyslope County Water
District
v Tres Pinos Water District
Other Providers of Interest
vSan Benito County Service
Area 22 (Cielo Vista Estates)
vSan Benito County Service
Area 45 (Rancho Larios)
MSR Updates per Ad Hoc's Recommendation
The Public Review Draft of the MSR was released on December 6, 2024, for a one-month public review period. No comments were received. Due to turnover in the LAFCO Commission composition, newly appointed Ad Hoc Committee members provided further direction specific to the governance options. v LAFCO Neutrality: Clarify that the presented options do not reflect LAFCO's current or future support;
v Agency-led Decisions: Clarify that consensus and implementation of any option is the responsibility of the affected agencies, not LAFCO; v Further Review Required: Emphasize that all options will require further analysis, including CEQA review to evaluate potential for development and related impacts;
v Options Summary: Add a summary table that outlines each option with associated pros and cons;
v Agency Input: Request feedback from affected agencies on the identified options.

Identification of Key Issues
v Hollister's Out-of-Area Connections: Identifying and recommending alternatives to efficiently and adequately provide wastewater services to Hollister's various out-ofarea services.

Identification of Key Issues, Cont'd
v Hollister Urban Area (HUA) and Hollister Service Area (USA): Terms used interchangeably, causing confusion. USA not used as defined in GC. v City–County Coordination Challenges: Hollister and San Benito County have struggled to agree on wastewater service for nearby development areas. v Lack of Preplanning: There is limited preplanning for wastewater services in areas immediately adjacent to Hollister, particularly multi-jurisdictional planning. v Unadopted Planning Boundaries: San Juan Bautista's 2016 General Plan SOI and Urban Growth Boundary were not adopted by LAFCO.
v Emergency Service Request by CSA #22 (Cielo Vista): Due to a system failure, SCWD took over wastewater conveyance to Hollister's treatment and disposal facilities. The next step is dissolution of the CSA.
v Inactive CSA #45 (Rancho Larios): HOA now handles Rancho Larios wastewater; funding unclear, CSA inactive.

Recommended Governance Structure Options— Multi-Agency
Identified Options
Agencies
Involved Benefits Challenges
Formation of a Regional
Sanitation District
v County
v Hollister
v SJB
v SCWD
v TPCWD
• Increase efficiency across
agencies
• Service level consistency
• Address out-of-area connections
• Eliminates disenfranchisement by
incorporating all extra-territorial
connections into boundaries
• Requires substantial
coordination
• Requires relinquishing
local control
• Asset ownership transfer
• Potential growth impacts
• Further analysis necessary,
particularly CEQA review
Joint Powers Authority
v County
v Hollister
v SJB
v SBCWD
v SCWD
v TPCWD
• Interim and non-drastic option
• Shared resources
• Retain local power
• No LAFCO approval required
• Enhanced multi-jurisdictional
planning
• Requires clear agreements
and coordination
• Identification of the
agencies to be involved
• Does not address
extraterritorial services
Recommended Governance Structure Options— Hollister
Identified Options Benefits Challenges
Establishing a Subsidiary
District
• Retain local powers
• Addresses the out-of-area connections that
are immediate to the City
• Potential connection for proposed
developments within district boundaries
• ≥ 70 % must be within the
City
• Not all out-of-area
connections can participate
Must ensure that new
customers ”pay fair share.”
Retire the Hollister Urban
Service Area
• Ensure consistency with Resolution No.
2003-02 adopted by San Benito LAFCO
which eliminates use of Hollister USA
• Alignment with current LAFCO policy
• Updates to various City
planning documents may be
required
Evaluate/possibly
rename or retire the
Hollister Urban Area
• Avoid confusion with Hollister USA
• Avoids implication that connections will be
allowed outside city limits
• Returns focus to SOI as appropriate urban
planning tool
• Updates to various City
planning documents may be
required
Recommended Governance Structure Options—
Hollister & County Proxy
(San Benito County Water District or County Service Area) Identified Options Benefits Challenges
The County buys a portion of Hollister’s
capacity to provide service to new
developments and out-of-area
connections
AND
SBCWD activates its latent powers to
provide wastewater services and act as
a mechanism for service provision for
the County
OR
Formation of a County Service Area as a
mechanism for service provision for the
County
• Addresses Hollister’s
out-of-area connections
• Revenue for Hollister
• Supports County
development approvals
• Ensures new customers
pay their “fair share”
• Feasibility challenges
• Capacity constraints
• Potentially growth-inducing
• Environmental review
required
Recommended Governance Structure Options— San Juan Bautista Identified Options Benefits Challenges
Propose an updated SOI that
aligns with the City’s planning
documents and seek approval
by LAFCO
• Ensures compliance with
CKH
• Updates to various City
planning documents
may be required
Recommended Governance Structure Options—
Sunnyslope & Tres Pinos
Identified Options Benefits Challenges
Consolidation or
Annexation of Tres Pinos
County Water District to
Sunnyslope County
Water District
• Existing Partnership
• Streamline water and
wastewater services
• Improve consistency of
service levels across utilities
• Improve efficiency
• Address Tres Pinos’ aging
infrastructure and financial
constraints
• Relinquish local control
for Tres Pinos
Recommended Governance Structure Options— CSA #22 (Cielo Vista ) Identified Options Benefits
Dissolution of CSA #22
• Compliance with SB 448
(Wieckowski) which mandates LAFCO to
initiate dissolution of inactive CSAs
Recommended Governance Structure Options— CSA #45
(Rancho Larios)
Identified Options Benefits Challenges
Dissolution of CSA #45
• Compliance with SB 448
(Wieckowski) which mandates
LAFCO to initiate dissolution of
inactive CSAs
• Plan for services may be
required depending on current
service levels by HOA
• Identification of a public
successor agency may be
required
Stakeholder Comments as of September 2025
Any feedback on the options identified?
Agency Feedback Received
City of Hollister ✅ Yes
City of San Juan Bautista ❌ No
San Benito County Water District ❌ No
Sunnyslope County Water District ❌ No
Tres Pinos County Water District ❌ No
CSA #22 (Cielo Vista) ❌ No
CSA #45 (Rancho Larios) ❌ No
9/11/2025
1 City of San Juan Bautista Council Presentation
September 16, 2025
Aromas San Juan
Project Update
LCB Communications • South Valley Internet • Balanced Access • Rotary Club of SJB Background:

Why This Project Matters
• This project will bring affordable, superfast, and future-proof broadband infrastructure to more than 1,100 unserved homes within the Aromas San Juan Unified School District, ensuring families have the connectivity they need today and for generations to come
• The Aromas San Juan Project will ensure that students in our community have access to digital learning from their homes, supporting their education and future success
• This project is bringing the latest in communications technology to the city, providing the tools needed to increase commercial activity and strengthen the local economy
• Imagine not having electricity or running water—that’s the scale of impact when families are left without broadband in today’s world 9/11/2025
2 The Coalition
Mission: Close the digital divide and prepare for the future • Partners: LCB Communications, South Valley Internet,
Balanced Access, San Juan Bautista Rotary Club
• Supported by Granite Rock and other local partners
• In collaboration with Aromas San Juan Unified School
District & CPUC
Technology:

Built for Today & Tomorrow
• Hybrid solution: Fiber + Wireless
• 120+ miles of fiber, 1.7 miles through San Juan Bautista • Wireless live now: families already connected
• Service options will be : 2.5 Gbps, and 8 Gbps
• Future-proof: up to 50 Gbps per home
9/11/2025
3 What We’ve Done So Far
• Secured $29.8M CPUC grant (Resolution T-17812)
• Signed engineering contracts
• Design completed
• Permits requested and approvals coming in
• Finalized fiber route
• Wireless service in SJB live and serving families
• Fiber construction underway
• San Juan portion: completion by end of Q1 2026
What We’ve Done So Far
9/11/2025
4 Full Aromas San Juan
Project Build
• 120+ miles of fiber across Aromas San Juan USD
• Includes 1.7 miles through San Juan Bautista
• Over 1,101 unserved/underserved homes will be
connected
• Future-proof: up to 50 Gbps per home
• Hybrid network: Fiber + Wireless coverage
Fiber run for the
Aromas San Juan Project
9/11/2025
5 Fiber Route in
San Juan Bautista
• 1.7 miles of backbone fiber through San Juan Bautista • First residents online late Q4 2025
• Most other San Juan homes deemed served by state
• Future opportunity: expand with city support
Fiber run for the
Aromas San Juan Project
9/11/2025
6 Future Opportunity
for San Juan Bautista
• Current scope: backbone route only
• Next step: prioritize families with no internet
• With city support, expand beyond backbone
• It takes a village to raise a child — collaboration can make it possible
Rotary’s Commitment
• Coalition partners: LCB, SVI, Balanced Access, Rotary • Supported by Granite Rock and local partners
• Focus: low-income families with students
• Covering broadband charges for 5 years
• It takes a village to raise a child — working together to lift the community
9/11/2025
7 Students & Families Impacted
• Approximately 67% of students in our school district live at or below the poverty line
• Majority lack affordable broadband
• We have a number of low- income families living within our city limits
• The current political landscape is making it hard to get to communicate with the families in need
• Families already signing up
Why This Matters
for Our Community
• Students can complete homework and e-learning, not be left behind
• Parents access jobs, telehealth, community services
• Broadband = better education, stronger families, healthier community
• Leveling the playing field
• Rotary’s mission: Service Above Self
9/11/2025
8 Balanced Access Mission
Mission: Eliminate digital divide for K-12 students &
families
• Nonprofit coalition partner
• Coalition includes LCB, SVI, and the Rotary Club of
San Juan Bautista
• Model for other communities
• It takes a village — San Juan Bautista is showing
what’s possible
Where We Stand
• Southside Project essentially complete = 1 Gbps to
each home
• We connected over 194 residential units and are
providing service to approximately 500 people of which
over 130 are children in the K-12 school system
• Service is free to those living at the Farm Labor Camp, Migrant Camp and Transitional Housing units
• Aromas San Juan Project underway in San Juan Bautista • Balanced Access + Rotary covering broadband costs for 5 years for qualifying families
9/11/2025
9 Looking Ahead
• San Juan portion complete by end of Q1 2026
• Full project complete by end of 2026 (1,101 homes)
• A connected San Juan = better education, stronger
economy, healthier community
• Coalition is a model for other municipalities
Closing & Thank You
• Construction underway in San Juan Bautista
• First residents online late Q4 2025
• Over 1,101 homes across the aromas San Juan Unified
School District connected by end of 2026
• Future opportunity: expand with city support
• It takes a village to raise a child — and a coalition to connect a community
9/11/2025
10 It Takes a Village to Raise a Child
Q&A ?
City of San Juan Bautista
Revenues ~ Budget Vs. Actual
For the One Month Period Ended July 31, 2025
Item #5E
City Council Meeting
September 16, 2025
REVENUES FY25 FY26 Annual YTD
Fund Actuals Actuals Budget Difference 8% Notes
General Fund 210,592 243,332 2,635,525 (1,593,243) 9%
Special Revenue Funds:

Capital Projects Fund 6,895 127,952 3,061,913 (2,703,471) 4% Community Development 7,200 2,288 132,050 (393,098) 2%
COPS 8,333 8,333 100,000 (75,000) 8%
Parking & Restroom Fd 2,919 3,819 28,000 (16,269) 14%
Gas Tax Fund 9,644 8,640 108,000 (76,799) 8%
Valle Vista LLD 1,990 3,257 40,716 (17,919) 8%
Rancho Vista CFD 5,626 5,626 70,043 (49,481) 8%
Copperleaf CFD 1,387 2,486 31,071 (12,240) 8%
Internal Service Funds:

Blg Rehab. & Replace 3,167 3,167 38,000 (28,500) 8%
Vehicle Replacement 5,000 5,000 60,000 (45,000) 8%
Enterprise Funds:

Water
Operations 165,474 172,812 1,801,000 (904,085) 10%
Sewer
Operations 176,001 173,539 2,065,000 (943,950) 8%
TOTAL Funds 604,228 760,251 10,171,318 (6,859,055) 7%
City of San Juan Bautista
Revenues ~ Budget Vs. Actual
For the One Month Period Ended July 31, 2025
Item #5E
City Council Meeting
September 16, 2025
EXPENDITURES FY25 FY26 Annual YTD
Fund Actuals Actuals Budget Variance 8% Note
General Fund 189,630 157,449 2,609,385 (2,451,936) 6%
Special Revenue Funds:

Capital Projects Fund 6,895 127,952 3,061,903 (2,933,951) 4% A Community Development 8,901 19,836 651,487 (631,651) 3% COPS 8,333 8,333 100,000 (91,667) 8%
Gas Tax Fund - 1,669 21,000 (19,331) 8%
Valle Vista LLD 3,342 2,570 38,965 (36,395) 7%
Rancho Vista CFD 2,754 2,649 51,143 (48,494) 5%
Copperleaf CFD 2,850 2,003 29,278 (27,275) 7%
Development Impact Fee Funds
Public/Civic Facility 225 225 2,700 (2,475) 8%
Library 370 370 4,440 (4,070) 8%
Storm Drain 286 286 3,432 (3,146) 8%
Park In-Lieu 25 25 300 (275) 8%
Public Safety 71 71 852 (781) 8%
Traffic 36 36 432 (396) 8%
Enterprise Funds:

Water:

Operations 58,662 45,750 962,796 917,046 5%
Capital 2,500 - 2,178,962 2,178,962 0% A
Sewer
Operations 75,340 112,245 1,234,574 1,122,329 9%
Capital 272,846 8,431 4,115,298 4,106,867 0% A
TOTAL Funds 633,066 489,900 15,066,947 2,073,361 3%
Footnotes:

A ~ Capital fund transfers/costs are budgeted to be incurred by these funds. Since the costs/transfers occur sporadically during the year, they do not always align with the to date percentages, or prior year amounts.

Additionally, some projects have been moved to the next fiscal year.

City of San Juan Batista
Check/Voucher Register - Check Register Current Month
From 7/1/2025 Through 7/31/2025
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
7/10/2025 218566 P G & E 28,558.00
7/10/2025 218567 Primo Brands 43.54
7/10/2025 218568 Regional Government Services 2,161.33
7/10/2025 218569 Ridgeline Municipal Strategies, LLC 20,533.15 7/10/2025 218570 Rincon Consultants 3,750.00
7/10/2025 218571 Rx-Tek 7,912.94
7/10/2025 218572 San Benito County Communications Div. 71,900.91 7/10/2025 218573 San Benito County Sheriff 129,787.98
7/10/2025 218574 Smith & Enright Landscaping 5,540.00
7/10/2025 218575 Sound Design A/V Contractors 164.76
7/10/2025 218576 Stoel Rives 5,643.00
7/10/2025 218577 T-Mobile 730.79
7/10/2025 218578 Hollister True Value 710.93
7/10/2025 218579 Valero Wex Bank 1,024.52
7/10/2025 218580 Veronica Munoz-Noriega 506.95
7/10/2025 218581 Wendy L. Cumming, CPA 10,456.25
7/10/2025 218582 Wright Bros. Industrial Supply 20.33
7/10/2025 218586 4Leaf, Inc. 8,724.59
7/10/2025 218587 AVAYA 250.66
7/11/2025 218582 US Bank 7,008.44
7/11/2025 218592 Shellie Lakel Conley or Richard T. Conley 2,583.16 7/11/2025 218593 ACWA Health Benefits Authority 30,411.02 7/11/2025 218594 Association of Monterey Bay Area Governments 906.22 7/11/2025 218595 Clark Pest Control 124.00
7/11/2025 218596 Filomeno Garza. 150.00
7/11/2025 218597 First Alarm 540.33
7/11/2025 218598 iWorQ Systems 6,000.00
7/11/2025 218599 League of California Cities 300.00
7/11/2025 218600 MuniBilling 475.92
7/11/2025 218601 Pacific Library Partnership 750.00
7/11/2025 218602 Postmaster 1,000.00
7/11/2025 218603 Rojas Communications Group 1,500.00
7/11/2025 218604 Roy Morales 5,249.10
7/11/2025 218605 Rx-Tek 1,000.00
7/11/2025 218606 Sentry Alarm System 477.00
7/11/2025 218607 Leslie Q. Jordan 0.00
7/16/2025 218583 All Clear Water Services 4,100.00
7/16/2025 218584 Gabriela Madrigal 700.00
7/16/2025 218585 State Compensation Insurance Fund 3,505.08 7/25/2025 218608 AFLAC 1,041.46
7/25/2025 218609 at&t 134.76
7/25/2025 218610 att.com 66.92
7/25/2025 218611 AVAYA 250.66
7/25/2025 218612 Baker Supplies and Repairs 364.17
City of San Juan Batista
Check/Voucher Register - Check Register Current Month
From 7/1/2025 Through 7/31/2025
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
7/25/2025 218613 Bernadette Pasillas 700.00
7/25/2025 218614 CALNET 106.28
7/25/2025 218615 Canon Financial Services, Inc 696.90
7/25/2025 218616 CIRA - California Intergovernmental Risk 21,378.66 7/25/2025 218617 City of Hollister 218,060.75 Fire Contract 7/25/2025 218618 Data Ticket Inc. 400.00
7/25/2025 218619 DBA Alarm & Security, Inc. 3,503.00
7/25/2025 218620 Design Line & Granger 656.05
7/25/2025 218621 Eduardo Sanchez 700.00
7/25/2025 218622 Granicus 2,756.25
7/25/2025 218623 Hamner Jewell Associates 1,288.00
7/25/2025 218624 Hurricane Wraps & Desings 218.91
7/25/2025 218625 MNS Engineers, Inc. 45,669.43
7/25/2025 218626 Monterey Bay Air Resources Dist. 1,246.80 7/25/2025 218627 Monterey Bay Analytical Services 2,526.00 7/25/2025 218628 P G & E 23,023.60
7/25/2025 218629 Pacific Highway Rentals, LLC 2,483.75
7/25/2025 218630 Primo Brands 63.58
7/25/2025 218631 Regional Government Services 580.90
7/25/2025 218632 Rivas Quality Painting 7,400.00
7/25/2025 218633 Rx-Tek 250.00
7/25/2025 218634 San Benito County Assessor 2,624.00
7/25/2025 218635 Smith & Enright Landscaping 5,540.00
7/25/2025 218636 Sound Design A/V Contractors 5,895.55
7/25/2025 218637 Stantec Consulting Services Inc. 39,515.69 7/25/2025 218638 Tom's Site Services 2,558.25
7/25/2025 218639 Uline 292.61
7/25/2025 218640 Underground Service Alert of Northern California & Nevada 518.59 7/25/2025 218641 United Rotary Brush Corporation 1,748.13 7/25/2025 218642 Univar Solutions 646.84
7/25/2025 218643 Valero Wex Bank 1,109.41
7/25/2025 218644 Wright Bros. Industrial Supply 17.37
7/25/2025 218645 US Bank 1,621.48
Report Total 762,855.65
Item: 7.A
City Council Meeting
September 16, 2025

AFFIDAVIT OF POSTING
I, Elizabeth Soto, Do Now Declare, Under the Penalties of Perjury That I Am the Acting City Clerk / Administrative Services Manager in the City of San Juan Bautista and That I Posted Three (3) True Copies of the attached City Council Agenda. I Further Declare That I Posted Said Agenda on the 11th day of September 2025, and in the Following Locations in said City of San Juan Bautista, County of San Benito, California.

1. On The Bulletin Board at City Hall, 311 Second Street.

2. On The Bulletin Board at The City Library, 801 Second Street.

3. On The Bulletin Board at The Entrance to The United States Post Office, 301 The Alameda
Signed at San Juan Bautista, County of San Benito, California, on the 11th day of September 2025.
____________________________________________
Elizabeth Soto, CMC, CPMC
City Clerk / Administrative Services Director
Item: 6.B
City Council Meeting
March 18, 2025

WAIVER OF READING

OF ORDINANCES
State law requires that an ordinance be read in its entirety prior to adoption unless the City Council waives reading beyond the title. Reading an entire ordinance at the meeting is extremely time-consuming; reading of the title alone usually gives the audience sufficient understanding of what the Council is considering.

To ensure that this waiver is consistently approved by the Council, Council should make the waiver at each meeting, thus, you should do it at this point on the Consent Agenda. The Council then does not have to worry about making this motion when each ordinance comes up on the agenda.

GC36934
Item No. 7.C
City Council Meeting
September 16, 2025
Page | 1
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA AUTHORIZING CLOSURE OF STREETS FOR CERTAIN SPECIAL EVENTS IN 2025 WHEREAS, The City has received multiple requests for Special Events on September 08, 2025, and authorization for Street Closure are a prerequisite for issuance of such permits for the following events:

Vertigo Movie Showing
California State Parks
September 27, 2025 from 5:00 PM- 10:00 PM
Second St. from Washington to Mariposa St.

Dia De Los Muertos
San Juan Bautista Foundation / In partnership with the City of San Juan Bautista November 1, 2025 – From 5:00 PM- 9:00 PM
Parade / Procession
Washington St. from Second St. to Fourth St.

November 2, 2025- El Teatro Campesino/ In partnership with the City of San Juan Bautista Parade / ProcessionBE IT RESOLVED that the City Council does hereby authorize the referenced entities to close streets on the dates and times referenced herein subject to the following requirements:

1. All conditions and requirements of agencies, including the Fire Marshall, San Benito County Sheriff, Building Official, Public Works Director, San Benito County Health Dept., San Benito County Integrated Waste Management, Community Development Director shall be met prior to, during, and after the event in the manner deemed necessary by the City Manager.

2. Prior to each event, Sponsors shall submit an agreement to reimburse the City in accordance with an invoice duly issued by the City to cover City expenses as deemed necessary by the City Manager to support administrative, material and City staff time associated with the Street Closure.

PASSED AND APPROVED by the San Juan Bautista City Council on this 16th day of September 2025 by the following vote:

AYES:

NOES:

ABSENT:

Item No. 7.C
City Council Meeting
September 16, 2025
Page | 2
ABSTAIN:

APPROVED:
____________________
Leslie Q. Jordan, Mayor

ATTEST:
______________________
Elizabeth Soto, City Clerk

Item No.: 7.D
City Council Meeting
September 16, 2025
Page | 1

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 16, 2025
DEPARTMENT: CITY MANAGER
FROM: ASHLEY COLLICK, CITY MANAGER

TITLE: DRINKING WATER TRANSMISSION PIPELINE DESIGN
SERVICES, CIP NO. 24.01
RECOMMENDED MOTION:

Approve a Resolution Awarding a contract to Stantec Consulting Services Inc. for the design of the Water Transmission Pipeline Project, CIP No. 24-01 in an amount not to exceed $1,290,834; and Authorizing the City Manager to approve a contingency of $129,083 (10%) for unanticipated project needs, for a total project authorization of $1,419,917.

BACKGROUND
The City issued a Request for Proposals (RFP) on March 26, 2025. Proposals were evaluated by a panel composed of representatives from the City of San Juan Bautista, San Benito County Water District, and the City of Hollister. Following the evaluation, Stantec Consulting Services Inc. was identified as the top-ranked proposer based on experience, technical approach, and cost.

This infrastructure project addresses the City’s long-term water reliability and capacity needs.

The design phase is being funded in part by state and federal infrastructure grants. The RFP process resulted in the submission of qualified proposals, which were reviewed for conformance and scored according to published criteria.

The City of San Juan Bautista is a municipality in San Benito County serving approximately 2,100 residents. It is home to a historic Mission and State Park and plays a central role in regional agriculture. The city operates under a Council/Manager form of government and relies on a mix of in-house and contracted services, including engineering and public works support.

The Water Transmission Pipeline Project is the second phase of the City’s strategy to address salinity in its drinking water. This phase involves designing a 12” transmission pipeline to convey treated drinking water from the West Hills Water Treatment Plant operated by the San Benito County Water District, directly to the City’s water system. This infrastructure will enhance reliability and system capacity by supplementing or replacing the City’s aging groundwater wells, which have historically shown elevated levels of nitrate and hardness.

Additionally, the project is required by the City’s agreement with Hollister.

Page | 2
Scoring Summary:

The following summarizes the scoring results from the evaluation panel and provides a breakdown by category. Proposals were evaluated on five key criteria: Project Understanding and Approach, Qualifications and Experience, Team Organization, Schedule and Capacity, and Cost Proposal.

The panel included representatives from:
- City of San Juan Bautista
- San Benito County Water District (SBWMD)
- City of Hollister
Each evaluator independently scored proposals, and scores were compiled as follows:

Firm Average Score Total (Max 100)
Stantec Consulting
Services Inc.

19.6 98
MNS Engineers, Inc. 17.2 86
Stantec Consulting Services Inc.

Stantec achieved the following average scores:
- Project Understanding and Approach: 20.0
- Qualifications and Experience: 20.0
- Team Organization and Key Personnel: 20.0
- Schedule and Capacity: 19.0
- Cost Proposal: 19.0
**Total Combined Average: 98 points**
MNS Engineers, Inc.

MNS achieved the following average scores:
- Project Understanding and Approach: 18.0
- Qualifications and Experience: 17.0
- Team Organization and Key Personnel: 17.0
- Schedule and Capacity: 17.0
- Cost Proposal: 17.0
**Total Combined Average: 86 points**
Based on the combined scoring outcomes, Stantec Consulting Services Inc. is the top-ranked firm. Their proposal demonstrates a high degree of readiness, team cohesion, local familiarity, and technical strength. It is recommended that the City proceed with contract negotiations with Stantec as the selected design consultant.

Item No.: 7.D
City Council Meeting
September 16, 2025
Page | 3
Bid Comparison Narrative
As part of the competitive selection process, the City received cost proposals from two qualified firms: Stantec Consulting Services Inc. and MNS Engineers, Inc. Stantec’s original proposed fee totaled $1,198,357, while MNS’s proposal totaled $1,227,764. A detailed bid tabulation was prepared to compare key task-level costs between the two proposals.

Although both proposals reflected comparable scopes of work, Stantec’s pricing was lower overall and more competitive across several key service areas, including project management, final design, and permitting assistance. Stantec’s approach also included a stronger emphasis on early utility coordination and environmental compliance, as reflected in its technical proposal and work plan.

Based on the combined evaluation scores and the original cost proposals, Stantec is both the highest-ranked proposer and the lowest-cost qualified bidder. The recommendation to award the contract to Stantec is therefore justified by both technical merit and best value.

FISCAL IMPACT
The original cost proposal submitted by Stantec in response to the RFP totaled $1,198,357.

During the contract refinement process, the scope of work was expanded to include more detailed environmental permitting, CEQA coordination, utility investigation, transient analysis, and bid evaluation support. These additions are essential to deliver a complete, permit-ready set of design documents that meet both regulatory expectations and constructability requirements.

The total proposed cost for professional design services from Stantec Consulting Services Inc. is $1,290,834. Staff recommends adding a 10% contingency of $129,083 to account for unforeseen scope changes, regulatory coordination needs, or expanded services that may arise during project development. This brings the total recommended project authorization to $1,419,917.

The increased cost reflects these necessary enhancements and is critical to ensuring the project advances without delay or rework.

Task
Proposal
Fees
Estimate
Revised Fee
Estimate
After
Discussion
with City
Summary of Changes

1. Project Management $84,307 $84,307 No change

2. Preliminary Design $581,128 $592,072 Added to subtask 2.6 to include:

Transient analysis of the
transmission pipeline to evaluate the
need for surge relief and determine
flow control valve operation at
Page | 4
connection point to City water
system.

3. Environmental
Constraints and
Permitting
$168,196 $236,145 Added new subtask 3.2 to manage
the biological permit applications
(Section 2081, Section 404, Section
1600, Section 401) for state and
federally listed species that may be
impacted by the pipeline project.

4. Design Development $219,819 $219,819 No change

5. Bid Package $35,160 $35,160 No change

6. Bidding Services $15,756 $29,340 Added new subtask 6.3 to support the City in the bid evaluation and
prepare an evaluation memo.

7. Design Support
Services During
Construction
$93,992 $93,992
No change
Total: $1,198,358 $1,290,834 Increase of the fees estimate by $92,476 for the revised scope noted
above
Funding for this project is available through the City’s adopted Capital Improvement Program (CIP) and is sourced from water enterprise funds. No General Fund resources will be used. The total authorization of $1,419,917 remains within the previously forecasted budget for this project phase.

Staff is also actively pursuing grant funding opportunities to support the project. In addition, Congresswoman Zoe Lofgren, Senator Alex Padilla, and Senator Adam Schiff have independently submitted Federal Community Project Funding requests on behalf of the city; however, those earmark requests have not yet advanced through the federal appropriations process.

Additionally, at the state level, $1 million has been appropriated through AB/SB 102, a 2025 Budget Act trailer bill, with the advocacy of Speaker Robert Rivas and Senator John Laird.

These funds are designated to support the Water Transmission Pipeline Project, subject to allocation and agreement through the standard state funding mechanisms.

ATTACHMENTS

1. Resolution Authorizing Contract Award

2. Draft Agreement

3. Exhibits

4. Bid Tabulation
Proposals are available for review at the City Clerk Office.

Page | 1
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES INC. FOR

DESIGN SERVICES RELATED TO THE WATER TRANSMISSION PIPELINE

PROJECT, INCLUDING A CONTINGENCY AUTHORIZATION
WHEREAS, the City of San Juan Bautista issued a Request for Proposals (RFP) on March 26, 2025, seeking qualified engineering firms to provide professional design services for the Water Transmission Pipeline Project; and
WHEREAS, multiple proposals were received and reviewed by an evaluation panel consisting of representatives from the City of San Juan Bautista, the San Benito County Water District, and the City of Hollister; and
WHEREAS, based on the evaluation criteria outlined in the RFP, including qualifications, understanding of the project, staffing, schedule, and cost, Stantec Consulting Services Inc. was identified as the highest-ranked and most qualified proposer; and WHEREAS, Stantec has demonstrated extensive experience in similar water infrastructure design projects, including prior work with the city, and has proposed a comprehensive scope and cost not to exceed $1,290,834; and WHEREAS, staff recommends a 10% contingency in the amount of $129,083 to cover unanticipated work items or scope refinements that may arise during the project; and WHEREAS, sufficient funding for the project, including contingency, is available through designated capital improvement funding sources: and WHEREAS, the San Juan Bautista City Council reviewed and considered this contract award at its regular meeting on September 16, 2025; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan Bautista as follows:

1. The City Council hereby awards the contract for Water Transmission Pipeline Design Services to Stantec Consulting Services Inc. in the amount of $1,290,834.

2. The City Council further authorizes a contingency of $129,083 (10%) for additional services or scope adjustments as determined necessary by the City Manager.

3. The City Manager is authorized to execute the Professional Services Agreement and any related documents necessary to implement the contract and to approve contract amendments within the total authorization of $1,419,917, subject to final form review by the City Attorney.

Page | 2
PASSED AND APPROVED by the City Council of the City of San Juan Bautista on this 16th day of September, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
____________________
Leslie Q. Jordan, Mayor
ATTEST:
_____________________
Elizabeth Soto, City Clerk
EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.

Guidelines Page 1 of 1

AGREEMENT BETWEEN CITY OF SAN JUAN BAUTISTA
AND
STANTEC CONSULTING SERVICES INC.

FOR PROFESSIONAL SERVICES OF

THE SAN JUAN BAUTISTA WATER TRANSMISSION PIPELINE DESIGN

SERVICES
EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.

TOC Page 1 of 2

AGREEMENT BETWEEN CITY OF SAN JUAN BAUTISTA
AND
STANTEC CONSULTING SERVICES INC.

FOR PROFESSIONAL SERVICES OF

THE SAN JUAN BAUTISTA WATER TRANSMISSION PIPELINE DESIGN

SERVICES

TABLE OF CONTENTS
Page
Article 1— Services Of Engineer ...................................................................................................................1

1.01 Scope ...........................................................................................................................................1 Article 2— Owner’s Responsibilities.............................................................................................................1

2.01 Project Information .....................................................................................................................1

2.02 Owner’s Instructions Regarding Bidding/Proposal and Front-End Construction Contract Documents................................................................................................................................................2

2.03 Owner-Furnished Services...........................................................................................................3

2.04 Owner’s General Responsibilities................................................................................................4

2.05 Payment.......................................................................................................................................5 Article 3— Schedule For Rendering Services................................................................................................6

3.01 Commencement..........................................................................................................................6

3.02 Time for Completion....................................................................................................................6 Article 4— Invoices And Payments...............................................................................................................6

4.01 Invoices........................................................................................................................................6

4.02 Payments.....................................................................................................................................6 Article 5— Opinions Of Cost .........................................................................................................................7

5.01 Opinions of Probable Construction Cost (OPCC).........................................................................7

5.02 Opinions of Total Project Costs...................................................................................................7 Article 6— General Considerations...............................................................................................................7

6.01 Standards of Performance...........................................................................................................7

6.02 Ownership and Use of Documents..............................................................................................9

6.03 Electronic Transmittals..............................................................................................................10

6.04 Insurance ...................................................................................................................................11

6.05 Suspension and Termination.....................................................................................................12

6.06 Successors, Assigns, and Beneficiaries......................................................................................14

6.07 Dispute Resolution ....................................................................................................................14

6.08 Controlling Law; Venue .............................................................................................................15

6.09 Environmental Condition of Site ...............................................................................................15

6.10 Indemnification and Mutual Waiver .........................................................................................16

6.11 Records Retention .....................................................................................................................17

6.12 Miscellaneous Provisions...........................................................................................................17 Article 7— Definitions.................................................................................................................................18

7.01 Defined Terms ...........................................................................................................................18 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.

TOC Page 2 of 2
Article 8— Exhibits And Special Provisions.................................................................................................23

8.01 Exhibits to Agreement...............................................................................................................23

8.02 Total Agreement........................................................................................................................23

8.03 Designated Representatives......................................................................................................23

8.04 Engineer's Certifications............................................................................................................23

8.05 Conflict of Interest.....................................................................................................................24 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.

Page 1 of 25 ends

AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES This is an Agreement between City of San Juan Bautista (Owner) and Stantec Consulting Services Inc. (Engineer). Owner’s Project, of which Engineer’s services under this Agreement are a part, is generally identified as San Juan Bautista Water Transmission Pipeline Design Services (Project). Other terms used in this Agreement are defined in Article 7. Engineer’s services under this Agreement are generally identified as providing engineering services which encompass preliminary and final design of a 6-mile water transmission pipeline system connecting the West Hills Water Treatment Plant to San Juan Bautista's water system, including one trenchless highway crossing, and chemical dosing system. The scope includes environmental permitting, geotechnical analysis, survey and potholing, and project management through design, bidding, and construction phases..

Owner and Engineer further agree as follows:

ARTICLE 1—SERVICES OF ENGINEER

1.01 Scope
A. Engineer shall provide, or cause to be provided, the services set forth herein and in Exhibit A.

B. All phases of service will include Management of Engineering Services as shown in Exhibit A.

ARTICLE 2—OWNER’S RESPONSIBILITIES

2.01 Project Information
A. To the extent Owner has not already provided the following, or has new, additional, or revised information from that previously provided, Owner shall provide Engineer with information and data needed by Engineer in the performance of Basic and Additional Services, including Owner’s:

1. design objectives and constraints;

2. space, capacity, and performance requirements;

3. flexibility and expandability needs;

4. design and construction standards;

5. budgetary limitations; and

6. any other available information pertinent to the Project including reports and data relative to previous designs, construction, or investigation at or adjacent to the Site.

B. Following Engineer’s assessment of initially-available Project information and data and upon Engineer’s request, Owner shall obtain, furnish, or otherwise make available (if necessary through retention of specialists or consultants) such additional Project-related information and data as is reasonably required to enable Engineer to complete its Basic and Additional Services; or, with consent of Engineer, Owner may authorize the Engineer to obtain or provide all or part of such additional information as Additional Services. Such additional information or data may include the following:

1. Property descriptions.

2. Zoning, deed, and other land use restrictions.

EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.

Page 2 of 25 ends

3. Surveys, topographic mapping, and utility documentation.

4. Property, boundary, easement, right-of-way, and other special surveys or data, including establishing relevant reference points.

5. Explorations and tests of subsurface conditions at or adjacent to the Site; geotechnical reports and investigations; drawings of physical conditions relating to existing surface or subsurface structures at the Site; hydrographic surveys, laboratory tests and inspections of samples, materials, and equipment; appropriate professional interpretation of such information or data.

6. Environmental assessments, audits, investigations, and impact statements, and other relevant environmental, historical, or cultural studies relevant to the Project, the Site, and adjacent areas.

7. Data or consultations as required for the Project but not otherwise identified in this Agreement.

C. Owner shall examine all alternative solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer (including obtaining advice of an attorney, risk manager, insurance counselor, financial/municipal advisor, and other advisors or consultants as Owner deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto.

D. Owner shall furnish to Engineer data as to Owner’s anticipated costs for services to be provided to Owner by others (including, but not limited to, accounting, bond and financial, independent cost estimating, insurance counseling, and legal advice) so that Engineer may assist Owner in collating the various cost categories that comprise Total Project Costs.

E. Owner shall advise Engineer if any invention, design, process, product, or device that Owner has requested, required, or recommended for inclusion in the Drawings or Specifications will be subject to payment (whether by Owner or Contractor) of any license fee or royalty to others, as required by patent rights or copyrights.

F. Owner shall inform Engineer as to whether Engineer’s assistance is requested with respect to Owner’s evaluation of the possible use of Project Strategies, Technologies, and Techniques, as defined in Exhibit A.

G. Owner shall inform Engineer as to whether Engineer’s assistance is requested in identifying opportunities for enhancing the sustainability of the Project.

2.02 Owner’s Instructions Regarding Bidding/Proposal and Front-End Construction Contract Documents
A. Owner shall give instructions to Engineer regarding Owner’s procurement of construction services (including instructions regarding advertisements for bids, instructions to bidders, and requests for proposals, as applicable) and Owner’s construction contract practices and requirements, and furnish to Engineer (or give specific directions requesting Engineer to use copies already in Engineer’s possession) the following:

1. Owner’s standard contract forms, general conditions (if other than the current edition of EJCDC® C-700, Standard General Conditions of the Construction Contract), supplementary conditions, text, and related documents and content for Engineer to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.

Page 3 of 25 ends

include in the draft Bidding/Proposal Documents, and in draft Front-End Construction Contract Documents;

2. insurance and bonding requirements;

3. protocols for electronic transmittals during bidding and construction;

4. Owner’s safety and security programs applicable to Contractor and other Constructors;

5. diversity and other social responsibility requirements;

6. bidding and contract requirements of funding, financing, or regulatory entities;

7. other specific conditions applicable to the procurement of construction or contract documents;

8. any other information necessary for Engineer to assist Owner in preparing its Bidding/Proposal Documents and Front-End Construction Contract Documents.

B. Owner shall have responsibility for the final content of (1) such Bidding/Proposal Documents, and (2) such Front-End Construction Contract Documents, other than content furnished by Engineer concerning the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters.

1. Owner shall seek the advice of Owner’s legal counsel, risk managers, and insurance advisors with respect to the drafting and content of such documents.

C. If there will be an advertisement soliciting bids for construction, Owner shall place and pay for such advertisement.

2.03 Owner-Furnished Services
A. Recognizing and acknowledging that Engineer's services and expertise do not include the following services, Owner shall obtain, as required for the Project:

1. Accounting, bond and financial advisory services (including, if applicable, “municipal advisor” services as described in Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) and the municipal advisor registration rules issued by the Securities and Exchange Commission), independent cost estimating, and insurance counseling services.

2. Legal services, including attorney review of proposed Construction Contract Documents, legal services required by Owner, legal services needed as a result of issues raised by Contractor, and Project-related legal services reasonably requested by Engineer.

3. Auditing services, including those needed by Owner to ascertain how or for what purpose Contractor has used money paid to it.

B. Owner shall provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of samples, materials, and equipment required by the Construction Contract Documents (other than those required to be furnished or arranged by Contractor), or to evaluate the performance of materials, equipment, and facilities of Owner, prior to their incorporation into the Work with appropriate professional interpretation thereof. Owner shall provide Engineer with the findings and reports generated by testing laboratories, including findings and reports obtained from or through Contractor.

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C. Owner shall acquire or arrange for acquisition of the Site(s) and any temporary or permanent rights of access, easements, or property rights needed for the Project.

D. With respect to the portions or phases of the Project designed or specified by Engineer, Owner shall provide, obtain, or arrange for:

1. all required reviews, approvals, consents, and permits from governmental authorities having jurisdiction, and

2. such reviews, approvals, and consents from others as may be necessary for completion of each portion or phase of the Project.

E. Owner may delegate to Contractor or others the responsibilities set forth in Paragraphs 2.03.C and D.

2.04 Owner’s General Responsibilities
A. Owner shall inform Engineer of the policies, procedures, and requirements of Owner that are applicable to Engineer's performance of services under this Agreement.

B. Owner shall provide Engineer with Owner’s budget for the Project, including type and source of funding to be used, and will promptly inform Engineer if the budget or funding sources change.

C. Owner shall inform Engineer in writing of any safety or security programs that are applicable to the personnel of Engineer, its Subconsultants, and Engineer’s Subcontractors, as they visit the Site or otherwise perform services under this Agreement.

D. Owner shall arrange for safe access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under this Agreement.

E. Owner shall provide necessary direction and make decisions, including prompt review of Engineer’s submittals, and carry out its other responsibilities in a timely manner so as not to delay Engineer’s performance of its services.

F. Owner shall be responsible for all requirements and instructions that it furnishes to Engineer pursuant to this Agreement, and for the accuracy and completeness of all programs, reports, data, and other information furnished by Owner to Engineer pursuant to this Agreement.

Engineer may use and rely upon such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement, subject to any express limitations or reservations applicable to the furnished items.

G. Owner shall give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of:

1. any development that affects the scope or time of performance of Engineer’s services;

2. the presence at the Site of any Constituent of Concern; or

3. any relevant, material defect or nonconformance in: (a) Engineer’s services, (b) the Work, (c) the performance of any Constructor, or (d) Owner’s performance of its responsibilities under this Agreement.

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including, but not limited to, cost estimating, project peer review, value engineering, and constructability review.

I. If Owner designates a construction manager, site representative, or any individual or entity other than, or in addition to, Engineer to represent Owner at the Site, Owner shall define and set forth as an exhibit to this Agreement the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of Engineer.

J. Owner shall:

1. Attend and participate in the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job-related meetings, and Site visits to determine Substantial Completion and readiness of the completed Work for final payment.

2. Primarily communicate with Engineer’s Subcontractors and Subconsultants through the Engineer.
a. Promptly inform Engineer of the substance of any communications between Owner and Engineer’s Subcontractors or Subconsultants.
b. Refrain from directing the services of Engineer’s Subcontractors or Subconsultants.

3. Authorize Engineer to provide Additional Services as set forth in Article 2 of Exhibit A of the Agreement, as required.

4. Perform or provide the following:
a. Provide as-builts of existing water network and connection point.

2.05 Payment
A. Owner shall pay Engineer as set forth in Article 4 and Exhibit J.

B. Engineer’s compensation is summarized as follows; if there is a conflict between the following summary and the contents of Exhibit J, then Exhibit J will prevail.

Description of Service Amount

1. Basic Services (Article 1 of Exhibit A) $1,290,834.00

2. Resident Project Representative Services $-

4. Additional Services (Article 2 of Exhibit A)
Based on a 10-month continuous construction period.

1. Compensation items and totals based in whole or in part on Hourly Rates, Direct Labor, or Percentage of Construction Cost are estimates only.

2. Lump sum amounts incorporate Engineer’s labor, overhead, profit, and Engineer’s Subcontractor and Subconsultants’ charges.

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ARTICLE 3—SCHEDULE FOR RENDERING SERVICES

3.01 Commencement
A. Engineer is authorized to begin rendering services as of the Effective Date.

3.02 Time for Completion
A. Engineer shall complete its obligations within a reasonable time. Specific periods of time for rendering services, or specific dates by which services are to be completed, are provided in Exhibit B, and are hereby agreed to be reasonable.

B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer’s services is impaired, or Engineer’s services are delayed or suspended, then the time for completion of Engineer’s services, and the rates and amounts of Engineer’s compensation, will be adjusted equitably.

C. If Owner authorizes changes in the scope, extent, or character of the Project or Engineer’s services, then the time for completion of Engineer’s services, and the rates and amounts of Engineer’s compensation, will be adjusted equitably.

D. If Engineer fails, for reasons within control of Engineer, to complete the performance required in this Agreement within the time set forth, as duly adjusted, then Owner shall be entitled, as its sole remedy, to the recovery of direct damages to the extent, if any, resulting from such failure by Engineer.

ARTICLE 4—INVOICES AND PAYMENTS

4.01 Invoices
A. Preparation and Submittal of Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices, the progress reporting and special invoicing requirements (if any) in Exhibit A Paragraph 1.01.A, and the terms of Exhibit J. Engineer shall submit its invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt.

4.02 Payments
A. Application to Interest and Principal: Payment will be credited first to any interest owed to Engineer and then to principal.

B. Disputed Invoices: If Owner disputes an invoice, either as to amount or entitlement, then Owner shall promptly advise Engineer in writing of the specific basis for doing so; may withhold only that portion so disputed; and must pay the undisputed portion, subject to the terms of Paragraph 4.01. After a disputed item has been resolved, Engineer shall include the agreed-upon amount on a new invoice.

C. Failure to Pay: If Owner fails to make any undisputed payment due Engineer within 30 days after receipt of Engineer’s invoice, then:

1. amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day, and

2. Engineer may, after giving 7 days’ written notice to Owner, suspend services under this Agreement until Owner has paid in full amounts due. Owner waives any and all claims against Engineer for any such suspension.

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D. Sales or Use Taxes: If after the Effective Date any governmental entity takes an action that imposes additional sales or use taxes on Engineer’s services or compensation under this Agreement, then Engineer may invoice such additional sales or use taxes for reimbursement by Owner. Owner shall reimburse Engineer for the cost of such invoiced additional sales or use taxes; such reimbursement will be in addition to the compensation to which Engineer is entitled under the terms of Exhibit J.

ARTICLE 5—OPINIONS OF COST

5.01 Opinions of Probable Construction Cost (OPCC)
A. Engineer’s opinions of probable Construction Cost (if any) are to be made on the basis of Engineer’s experience, qualifications, and general familiarity with the construction industry.

However, because Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors’ methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer. If Owner requires greater assurance as to probable Construction Cost, then Owner agrees to obtain an independent cost estimate. Opinions of probable Construction Cost and any revisions thereof must reflect compliance with the Association for the Advancement of Cost Engineering (AACE) recommended practices.

5.02 Opinions of Total Project Costs
A. The services, if any, of Engineer with respect to Total Project Costs will be limited to assisting the Owner in tabulating the various categories that comprise Total Project Costs. Engineer assumes no responsibility for the accuracy of any opinions of Total Project Costs. Opinions of Total Project Costs and any revisions thereof must reflect compliance with the Association for the Advancement of Cost Engineering (AACE) recommended practices.

ARTICLE 6—GENERAL CONSIDERATIONS

6.01 Standards of Performance
A. Standard of Care: The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with any services performed or furnished by Engineer.

B. Technical Accuracy: Owner shall not be responsible for discovering deficiencies in the technical accuracy of Engineer’s services. Engineer shall correct deficiencies in technical accuracy without additional compensation, unless such corrective action is directly attributable to deficiencies in Owner-furnished information.

C. Engineer’s Subcontractors and Subconsultants: Engineer may retain such Engineer’s Subcontractors and Subconsultants as Engineer deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objections by Owner.

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D. Reliance on Others: Subject to the standard of care set forth in Paragraph 6.01.A, Engineer may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards.

E. Compliance with Laws and Regulations, and Policies and Procedures

1. Engineer and Owner shall comply with applicable Laws and Regulations.

2. Engineer shall comply with the policies, procedures, and instructions of Owner that are applicable to Engineer's performance of services under this Agreement and that Owner provides to Engineer in writing, subject to the standard of care set forth in Paragraph 6.01.A, and to the extent compliance is not inconsistent with professional practice requirements.

3. This Agreement is based on Laws and Regulations and Owner-provided written policies and procedures as of the Effective Date. The following may be the basis for modifications to Owner’s responsibilities or to Engineer’s scope of services, times of performance, or compensation:
a. changes after the Effective Date to Laws and Regulations, b. the receipt by Engineer after the Effective Date of Owner-provided written policies and procedures, and
c. changes after the Effective Date to Owner-provided written policies or procedures.

F. General Conditions of Construction Contract: The general conditions for any Construction Contract Documents prepared hereunder are to be the current edition of EJCDC® C-700, Standard General Conditions of the Construction Contract, prepared by the Engineers Joint Contract Documents Committee, unless expressly indicated otherwise.

G. Copies of Drawings and Specifications: If Engineer is required to prepare or furnish Drawings or Specifications under this Agreement, Engineer shall deliver to Owner at least one complete electronic copy of such Drawings and Specifications, signed and sealed according to applicable Laws and Regulations.

H. Engineer shall not be required to sign any document, no matter by whom requested, that would result in Engineer having to certify, guarantee, or warrant conditions whose existence Engineer cannot ascertain within the authorized scope of Engineer’s services. Owner agrees not to make resolution of any dispute with Engineer or payment of any amount due to Engineer in any way contingent upon Engineer signing any such document.

I. Engineer shall not at any time supervise, direct, control, or have authority over any Constructor’s work, nor will Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, or the safety precautions and programs incident thereto, for security or safety at the Site, nor for any failure of a Constructor to comply with Laws and Regulations applicable to that Constructor’s furnishing and performing of its work. Engineer shall not be responsible for the acts or omissions of any Constructor.

J. Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor’s failure to furnish and perform the Work in accordance with the Construction Contract Documents.

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K. Engineer shall not be responsible for any decision made regarding the Construction Contract Documents, or any application, interpretation, clarification, or modification of the Construction Contract Documents, other than those made by Engineer.

L. Engineer is not required to provide and does not have any responsibility for surety bonding or insurance-related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements.

M. Engineer’s services do not include providing legal advice or representation.

N. Engineer’s services do not include (1) serving as a “municipal advisor” for purposes of the registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the Securities and Exchange Commission, or (2) advising Owner, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice with respect to the structure, timing, terms, or other similar matters concerning such products or issuances.

O. While at the Site, Engineer, its Subconsultants, and Engineer’s Subcontractors, and their employees and representatives will comply with the applicable requirements of Contractor's and Owner's safety programs of which Engineer has been informed in writing.

6.02 Ownership and Use of Documents
A. All Documents are instruments of service, and Engineer owns the Documents, including all associated copyrights and the right of reuse at the discretion of the Engineer, subject to the following provisions:

1. Upon receipt by Engineer of full payment due and owing for all services relating to preparation of the Documents and subject to the express exclusions that follow, Engineer and any Subconsultants will grant to Owner the ownership of the Documents, including all associated copyrights and the right of reuse.

2. When requested by Owner, Engineer will perform any clerical or administrative acts reasonably necessary to confirm or record the transfer of Engineer’s interests in the Documents to the Owner, and Owner will reimburse the Engineer for its costs to comply with the transfer request.

3. Engineer shall have and retain the ownership, title, and property rights, including copyright, patent, intellectual property, and common law rights, in any design elements (including but not limited to standard details, drawings, plans, specifications, methodologies, and engineering computations) used in the Documents, but developed by Engineer or its Subconsultants previous to or independent of this Agreement (“Previously/Independently Created Works”). Engineer shall provide appropriate verification of such previous or independent development upon Owner’s request.

4. Upon receipt by Engineer of full payment due and owing for all services relating to preparation of the Documents, Engineer will issue to Owner a royalty-free, nonexclusive and irrevocable license to use such Previously/Independently Created Works on the Project or on any extension of the Project.

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5. Owner acknowledges that the Documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer.

6. Any such use or reuse, or any modification of the Documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner’s sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and Consultants.

7. Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Subconsultants from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from any use, reuse, or modification of the Documents without written verification, completion, or adaptation by Engineer.

8. Such limited license to Owner shall not create any rights in third parties.

9. Nothing herein limits the Engineer’s right of use or reuse of Previously/Independently Created Works or any of Engineer’s non-Document work product.

B. If Engineer at Owner’s request verifies the suitability of the Documents, completes them, or adapts them for extensions of the Project or for any other purpose, then Owner shall compensate Engineer at rates or in an amount to be agreed upon by Owner and Engineer.

C. Engineer shall inform Owner if Engineer is aware of any invention, design, process, product, or device specified in the Drawings, Specifications, or other Documents that is subject to payment (whether by Owner or Contractor) of any license fee or royalty to others, as required by patent rights or copyrights. If Engineer’s good-faith inclusion in the Drawings, Specifications, or other Documents of new, innovative, or non-standard technologies, for the benefit of Owner and the Project, results in third-party claims of infringement or violation of intellectual property rights, then Owner and Engineer shall share equally the costs of defending against, settling, or paying such claims.

D. Engineer will obtain Owner’s consent, which will not be unreasonably withheld, prior to releasing any publicity, including news and press releases, promotional publications, award and prize competition submittals, and other advertising regarding the subject matter of this Agreement. Nothing herein will limit the Engineer’s right to include information in statements of qualifications and proposals to others accurately describing its participation and participation of employees in the Project.

6.03 Electronic Transmittals
A. To the fullest extent practical, Owner and Engineer agree to transmit, and accept, Projectrelated correspondence, Documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, in accordance with Exhibit F, Electronic Documents Protocol (EDP).

1. Compliance with the EDP by Engineer shall be considered a Basic Service and no direct or separate compensation will be paid to Engineer for such compliance, unless provisions for separate compensation are expressly set forth in the EDP.

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2. Engineer’s costs directly attributable to changes in Engineer’s Electronic Documents obligations, after the effective date of this Agreement, necessitated by revisions to Exhibit F, delayed adoption of Exhibit F, or implementation of other Electronic Documents protocols, will be compensated as Additional Services.

B. If this Agreement does not include Exhibit F or otherwise does not establish or include protocols for transmittal of Electronic Documents by Electronic Means, then Owner and Engineer may operate without specific protocols or may jointly develop such protocols at a later date.

C. Except as stated otherwise in Exhibit F (if included in this Agreement), when transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long term compatibility, usability, or readability of the Electronic Documents resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic Documents, or from those established in applicable protocols.

D. This Agreement (including the EDP) is not intended to create obligations for Owner or Engineer with respect to transmittals to or from third parties, except as expressly stated in the EDP.

6.04 Insurance
A. Engineer shall procure and maintain insurance as set forth in Exhibit G.

B. Additional Insureds: The Engineer’s commercial general liability, automobile liability, and umbrella or excess liability policies, must:

1. include and list as additional insureds Owner, and any individuals or entities identified as additional insureds in Exhibit G;

2. include coverage for the respective officers, directors, members, partners, and employees of all such additional insureds;

3. afford primary coverage to these additional insureds for all claims covered thereby (including as applicable those arising from both ongoing and completed operations); and

4. not seek contribution from insurance maintained by the additional insured.

C. Owner shall procure and maintain insurance.

D. Owner shall require Contractor to purchase and maintain policies of insurance covering workers' compensation, general liability, motor vehicle damage and injuries, and other insurance necessary to protect Owner's and Engineer's interests in the Project. Owner shall require Contractor to cause Engineer, its Subconsultants, and Engineer’s Subcontractors to be listed as additional insureds with respect to such liability insurance purchased and maintained by Contractor for the Project. Owner shall give Engineer access to any certificates of insurance and copies of endorsements and policies obtained by Owner from Contractor.

E. Owner and Engineer shall each deliver to the other certificates of insurance evidencing the coverages indicated in Exhibit G. Such certificates must be furnished prior to commencement of Engineer’s services and at renewals thereafter during the life of the Agreement.

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1. Upon request by Owner or any other insured, Engineer shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, documentation of applicable self-insured retentions (if allowed) and deductibles, full disclosure of all relevant exclusions, and evidence of insurance required to be purchased and maintained by Subconsultants and Engineer’s Subcontractors. In any documentation furnished under this provision, Engineer may redact (a) any confidential premium or pricing information and (b) any wording specific to projects or jurisdictions other than those applicable to this Agreement.

F. All construction contracts entered into by Owner with respect to the Project must require builder’s risk or similar property insurance.

G. All policies of property insurance relating to the Project, including but not limited to any builder’s risk or similar policy, must allow for waiver of subrogation rights and contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any insured thereunder or against Engineer, its Subconsultants, or Engineer’s Subcontractors. Owner and Engineer waive all rights against each other, Contractor, Engineer’s Subcontractors and Subconsultants, and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by any such builder’s risk or similar policy and any other property insurance relating to the Project. Owner and Engineer shall take appropriate measures in other Project-related contracts to secure waivers of rights consistent with those set forth in this paragraph.

H. All policies of insurance must contain a provision or endorsement that the coverage afforded will not be canceled, and that renewal will not be refused, until at least 10 days’ prior written notice has been given to the primary insured. Upon receipt of such notice, the primary insured must promptly forward a copy of the notice to the other party to this Agreement and replace the coverage being cancelled or reduced to conform to the requirements of this Agreement.

I. At any time, Owner may request that Engineer, or Engineer’s Subcontractors or Subconsultants, at Owner’s sole expense, provide additional insurance coverage, increased limits, or revised deductibles that are more protective than those specified in Exhibit G. If so requested by Owner, and if commercially available, Engineer shall obtain and shall require Engineer’s Subcontractors or Subconsultants to obtain such additional insurance coverage, different limits, or revised deductibles for such periods of time as requested by Owner, and Exhibit G will be supplemented to incorporate these requirements.

6.05 Suspension and Termination
A. Suspension

1. By Owner: Owner may suspend Engineer’s services for up to 90 days upon 7 days’ written notice to Engineer.

2. By Engineer: Engineer may, after giving 7 days’ written notice to Owner, suspend services under this Agreement:
a. if Owner has failed to pay Engineer for invoiced services and expenses, as set forth in Paragraphs 4.02.B and 4.02.C;
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b. in response to the presence of Constituents of Concern at the Site, as set forth in Paragraph 6.09.D; or
c. if persistent circumstances beyond the control of Engineer have prevented it from performing its obligations under this Agreement.

B. Termination for Cause

1. Either party may terminate the Agreement for cause upon 30 days’ written notice in the event of substantial failure by the other party to perform in accordance with the terms of the Agreement, through no fault of the terminating party. a. Notwithstanding the foregoing, this Agreement will not terminate under Paragraph 6.05.B.1 if the party receiving such notice begins, within 7 days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30-day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein will extend up to, but in no case more than, 60 days after the date of receipt of the notice.

2. In addition to its termination rights in Paragraph 6.05.B.1, Engineer may terminate this Agreement for cause upon 7 days’ written notice:
a. if Owner demands that Engineer furnish or perform services contrary to Engineer’s responsibilities as a licensed professional;
b. if Engineer’s services for the Project are delayed or suspended for more than 90 days for reasons beyond Engineer’s control; or
c. as the result of the presence at or adjacent to the Site of undisclosed Constituents of Concern, as set forth in Paragraph 6.09.E.

3. Engineer will have no liability to Owner on account of any termination by Engineer for cause.

C. Termination for Convenience: Owner may terminate this Agreement for convenience, effective upon Engineer’s receipt of notice from Owner.

D. Extension of Effective Date of Termination: If Owner terminates the Agreement for cause or convenience, Owner may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. Engineer shall be entitled to compensation for such tasks.

E. Payments Upon Termination: In the event of any termination under Paragraph 6.05, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. Upon making such payment, Owner will have the limited right to the use of Documents, at Owner’s sole risk, subject to the provisions of Paragraph 6.02.A.

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1. If Owner has terminated the Agreement for cause and disputes Engineer’s entitlement to compensation for services and reimbursement of expenses, then Engineer’s entitlement to payment and Owner’s rights to the use of the Documents will be resolved in accordance with the dispute resolution provisions of this Agreement or as otherwise agreed in writing.

2. If Owner has terminated the Agreement for convenience, or if Engineer has terminated the Agreement for cause, then Engineer will be entitled, in addition to the payments identified above, to invoice Owner and receive payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer’s Subcontractors or Subconsultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Exhibit J.

6.06 Successors, Assigns, and Beneficiaries
A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 6.06.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement.

B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, claims arising out of this Agreement or money that is due or may become due) in this Agreement without the written consent of the other party, except to the extent that any assignment, subletting, or transfer is mandated by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.

C. Unless expressly provided otherwise in this Agreement:

1. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party.

2. Nothing in this Agreement will be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Constructor, other third-party individual or entity, or to any surety for or employee of any of them.

3. Owner agrees that the substance of the provisions of this Paragraph 6.06.C will appear in the Construction Contract Documents.

6.07 Dispute Resolution
A. Unless otherwise required by Exhibit H, Owner and Engineer shall resolve all disputes in the following manner:

1. Owner and Engineer agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice, prior to invoking mediation.

2. Owner and Engineer agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement or the breach thereof (“Disputes”) to mediation. Owner and EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.

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Engineer agree to participate in the mediation process in good faith. The process will be conducted on a confidential basis, and must be completed within 120 days.

3. If the parties fail to resolve a Dispute through negotiations under Paragraph 6.07.A.1 or mediation under Paragraph 6.07.A.2, then:
a. either or both may invoke the applicable dispute resolution procedures of Exhibit H for final resolution of Disputes.
b. If Exhibit H is not included, or if no final dispute resolution method is specified in Exhibit H, then the parties may exercise their rights at law.

6.08 Controlling Law; Venue

1. A. This Agreement is to be governed by the Laws and Regulations of the state in which the Project is located.

B. Venue for any exercise of rights at law will be the state court having jurisdiction at the location of the Project; or at the choice of either party, and if federal jurisdictional requirements can be met, in federal court in the district in which the Project is located.

6.09 Environmental Condition of Site
A. Owner represents to Engineer that, as of the Effective Date, to the best of Owner’s knowledge, no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site.

B. Undisclosed Constituents of Concern: For purposes of this Paragraph 6.09, the presence at or adjacent to the Site of Constituents of Concern that were not disclosed to Engineer pursuant to Paragraph 6.09.A, in such quantities or circumstances that such Constituents of Concern may present a danger to persons or property exposed to them, will be referred to as “undisclosed” Constituents of Concern.

1. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of this Agreement or the Construction Contract, are not undisclosed Constituents of Concern.

2. Constituents of Concern that are to be located, identified, studied, removed, or remediated as part of the services under this Agreement are not undisclosed Constituents of Concern.

3. Constituents of Concern that are to be located, identified, studied, removed, or remediated as part of the services under another professional services contract for Owner, or as part of the work under a construction or remediation contract, are not undisclosed Constituents of Concern if Engineer has been informed of the general scope of such contract.

C. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate authorities having jurisdiction if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations.

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D. It is acknowledged by both parties that Engineer’s scope of services does not include any services related to undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, or if encountered, uncovered, or revealed Constituents of Concern are present in substantially greater quantities or substantially different locations than disclosed or anticipated, or if investigative or remedial action, or other professional services, are necessary or required by applicable Laws and Regulations with respect to such Constituents of Concern, then Engineer may, at its option and without liability for direct, consequential, or any other damages, suspend performance of services on the portion of the Project adversely affected thereby until such portion of the Project is no longer so affected; and Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action.

E. If the presence at the Site of undisclosed Constituents of Concern, or of Constituents of Concern in substantially greater quantities or in substantially different locations than disclosed or anticipated, adversely affects the performance of Engineer’s services under this Agreement, then:

1. if the adverse effects do not preclude Engineer from completing its Project services in general accordance with this Agreement on unaffected or marginally affected portions of the Project, Engineer may accept an equitable adjustment in its compensation or in the time of completion, or both; and the Agreement will be amended to reflect changes necessitated by the presence of such Constituents of Concern; or

2. if the adverse effects are of such materiality to the overall performance of Engineer that it cannot complete its services without significant changes to the scope of services, time of completion, and compensation, then Engineer may terminate this Agreement for cause on 7 days’ written notice.

F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and will not be required to become an "owner," “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s activities under this Agreement.

6.10 Indemnification and Mutual Waiver
A. Indemnification by Engineer: To the fullest extent permitted by Laws and Regulations, Engineer shall indemnify and hold harmless Owner, and Owner’s officers, directors, members, partners, agents, and employees, from losses, damages, and judgments (including reasonable consultants’ and attorneys’ fees and expenses) arising from third-party claims or actions relating to the Project, provided that any such claim, action, loss, damages, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer or Engineer’s officers, directors, members, partners, agents, employees, Subconsultants, or Engineer’s Subcontractors. This indemnification provision is subject to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.

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and limited by the provisions, if any, agreed to by Owner and Engineer in Exhibit I, “Limitations of Liability."
B. Environmental Indemnification: To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Engineer, its Subconsultants, Engineer’s Subcontractors, and their officers, directors, members, partners, agents, employees, and subconsultants from all claims, costs, losses, damages, actions, and judgments (including reasonable consultants’ and attorney’s fees and expenses) caused by, arising out of, relating to, or resulting from a Constituent of Concern at, on, or under the Site, provided that:

1. any such claim, cost, loss, damages, action, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and

2. nothing in this paragraph obligates Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct.

C. No Defense Obligation: The indemnification commitments in this Agreement do not include a defense obligation by the indemnitor unless such obligation is expressly stated.

D. Percentage Share of Negligence: To the fullest extent permitted by Laws and Regulations, a party’s total liability to the other party and anyone claiming by, through, or under the other party for any cost, loss, or damages caused in part by the negligence of the party and in part by the negligence of the other party or any other negligent entity or individual, will not exceed the percentage share that the party’s negligence bears to the total negligence of Owner, Engineer, and all other negligent entities and individuals.

E. Mutual Waiver: To the fullest extent permitted by Laws and Regulations, Owner and Engineer waive against each other, and the other’s officers, directors, members, partners, agents, employees, subconsultants, and insurers, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement or the Project, from any cause or causes. Such excluded damages include but are not limited to loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; and cost of capital.

6.11 Records Retention
A. Engineer shall maintain on file in legible form, for a period of five years following completion or termination of its services, or such other period as required by Laws and Regulations, all Documents, records (including cost records), and design calculations related to Engineer’s services or pertinent to Engineer’s performance under this Agreement. Upon Owner’s request, Engineer shall provide a copy of any such item to Owner at cost.

6.12 Miscellaneous Provisions
A. Notices: Any notice required under this Agreement will be in writing, and delivered: in person (by commercial courier or otherwise); by registered or certified mail; or by e-mail to the recipient, with the words “Formal Notice” or similar in the e-mail’s subject line. All such notices are effective upon the date of receipt.

B. Survival: Subject to applicable Laws and Regulations, all express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason.

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C. Severability: Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Owner and Engineer.

D. No Waiver: A party’s non-enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Agreement.

E. Accrual of Claims: To the fullest extent permitted by Laws and Regulations, all causes of action arising under this Agreement will be deemed to have accrued, and all statutory periods of limitation will commence, no later than the date of Substantial Completion; or, if Engineer’s services do not include Construction Phase services, or the Project is not completed, then no later than the date of Owner’s last payment to Engineer.

ARTICLE 7—DEFINITIONS

7.01 Defined Terms
A. Wherever used in this Agreement (including the exhibits hereto) terms (including the singular and plural forms) printed with initial capital letters have the meanings indicated in the text above, in the exhibits, or in the following definitions:

1. Addenda—Written or graphic instruments issued prior to the opening of bids which clarify, correct, or change the bidding requirements or the proposed Construction Contract Documents.

2. Additional Services—The services to be performed for or furnished to Owner by Engineer in accordance with Article 2 of Exhibit A of this Agreement.

3. Agreement—This written contract for professional services between Owner and Engineer, including all exhibits identified in Paragraph 8.01 and any duly executed amendments.

4. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Construction Contract.

5. Basic Services—The services to be performed for or furnished to Owner by Engineer in accordance with Article 1 of Exhibit A of this Agreement.

6. Bidding/Proposal Documents—Documents related to the selection of the Contractor, including advertisements or invitations to bid; requests for proposals; instructions to bidders or proposers, including any attachments such as lists of available Site-related documents; bid forms; bids; proposal forms; proposals; bidding requirements; and qualifications documents.

7. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Construction Contract Price or the Construction Contract Times, or other revision to the Construction Contract, issued on or after the effective date of the Construction Contract.

8. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth in the Construction Contract, seeking an EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.

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adjustment in Construction Contract Price or Construction Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Construction Contract Documents or the acceptability of Work under the Construction Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Construction Contract.

9. Constituents of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.

10. Construction Contract—The entire and integrated written contract between Owner and Contractor concerning the Work.

11. Construction Contract Documents—Those items designated as “Contract Documents” in the Construction Contract, and which together comprise the Construction Contract.

See also definition of “Front-End Construction Contract Documents” below.

12. Construction Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Construction Contract Documents.

13. Construction Contract Times—The number of days or the dates by which Contractor must: (a) achieve milestones, if any, in the Construction Contract; (b) achieve Substantial Completion; and (c) complete the Work.

14. Construction Cost—The cost to Owner of the construction of those portions of the entire Project designed or specified by or for Engineer under this Agreement, including construction labor, services, materials, equipment, insurance, and bonding costs, and allowances for contingencies. Construction Cost does not include costs of services of Engineer or other design professionals and consultants; cost of land or rights-of-way, or compensation for damages to property; Owner’s costs for legal, accounting, insurance counseling, or auditing services; interest or financing charges incurred in connection with the Project; or the cost of other services to be provided by others to Owner.

Construction Cost is one of the items comprising Total Project Costs.

15. Constructor—Any person or entity (not including the Engineer, its employees, agents, representatives, or Subconsultants, or Engineer’s Subcontractors), performing or supporting construction activities relating to the Project, including but not limited to Contractors, Subcontractors, Suppliers, Owner’s work forces, utility companies, other contractors, construction managers, design-builders, testing firms, shippers, and truckers, and the employees, agents, and representatives of any or all of them.

16. Contractor—The entity or individual with which Owner enters into a Construction Contract.

17. Documents—All documents expressly identified as deliverables in this Agreement, whether in printed or Electronic Document form, required by this Agreement to be provided or furnished by Engineer to Owner. Such specifically required deliverables may include, by way of example, Drawings, Specifications, data, reports, building information models, and civil integrated management models.

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18. Drawings—That part of the Construction Contract Documents that graphically shows the scope, extent, and character of the Work to be performed by Contractor.

19. Effective Date—The date indicated in this Agreement on which it becomes effective, but if no such date is indicated, the date on which this Agreement is signed and delivered by the last of the parties to sign and deliver.

20. Electronic Document—Any Project-related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format.

21. Electronic Means—Electronic mail (e-mail), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Agreement. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents.

22. Engineer—The individual or entity named as such in this Agreement.

23. Engineer’s Subcontractor—An individual, firm, vendor, or other entity having a contract with Engineer to furnish general services, equipment, or materials with respect to the Project as an independent contractor.

24. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Construction Contract Price or the Construction Contract Times.

25. Front-End Construction Contract Documents—Those Construction Contract Documents whose primary purpose is to establish legal and contractual terms and conditions, typically including the Owner-Contractor agreement, bonds, general conditions, and supplementary conditions. The term excludes the Drawings and Specifications, and any Construction Contract Documents delivered or issued after the effective date of the Construction Contract.

26. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

27. Owner—The individual or entity named as such in this Agreement and for which Engineer's services are to be performed. Unless indicated otherwise, this is the same individual or entity that will enter into any Construction Contracts concerning the Project.

28. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the services to be performed or furnished by Engineer under this Agreement are a part.

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29. Record Drawings—Drawings depicting the completed Project, or a specific portion of the completed Project, prepared by Engineer and based on Contractor's record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications, as delivered to Engineer and annotated by Contractor to show changes made during construction.

30. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site during the Construction Phase. As used herein, the term Resident Project Representative (RPR) includes any assistants or field staff of the RPR.

31. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged.

32. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Construction Contract Documents.

33. Site—Lands or areas to be indicated in the Construction Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for the use of Contractor.

34. Specifications—The part of the Construction Contract Documents that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work.

35. Subconsultant—An individual, design firm, consultant, or other entity having a contract with Engineer to furnish professional services with respect to the Project as an independent contractor.

36. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work.

37. Submittal—A written or graphic document, prepared by or for Contractor, which the Construction Contract Documents require Contractor to submit to Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include Shop Drawings and Samples; schedules; product data; Owner-delegated designs; sustainable design information; information on special procedures; testing plans; results of tests and evaluations, source quality-control testing and inspections, and field or Site quality-control testing and inspections; warranties and certifications; Suppliers’ instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Construction Contract Documents. Submittals, whether or not approved or accepted by Engineer, are not Construction Contract Documents. Change Proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not Submittals.

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38. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Construction Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof.

39. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor.

40. Total Project Costs—The total cost of planning, studying, designing, constructing, testing, commissioning, and start-up of the Project, including Construction Cost and all other Project labor, services, materials, equipment, insurance, and bonding costs, allowances for contingencies, and the total costs of services of Engineer or other design professionals and consultants, together with such other Project-related costs that Owner furnishes for inclusion, including but not limited to cost of land, rights-of-way, compensation for damages to properties and private utilities (including relocation if not part of Construction Cost), Owner’s costs for legal, accounting, insurance counseling, and auditing services, interest and financing charges incurred in connection with the Project, and the cost of other services to be provided by others to Owner.

41. Underground Facilities—All active or not-in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

An abandoned facility or system is not an Underground Facility.

42. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Construction Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Construction Contract Documents.

43. Work Change Directive—A written directive to Contractor issued on or after the effective date of the Construction Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work.

44. Agency – The Rural Utilities Service or any designated representative of Rural Utilities Service, including USDA, Rural Development.

45. Contractor’s Certification - A certification submitted by Contractor that, to the best of the Contractor’s knowledge and belief, all Work complies with Domestic Preference requirements.

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46. Domestic Preference – The Build America, Buy America Act (BABA) requirements under Title IX of the Infrastructure Investment and Jobs Act (IIJA), Pub. L. 117-58, §§ 70901- 70953, and in accordance with 2 CFR 184.

47. Manufacturer’s Certification - Documentation provided by the Manufacturer stating that Domestic Preference requirements have been satisfied for all provided items.

B. Terminology

1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight.

ARTICLE 8—EXHIBITS AND SPECIAL PROVISIONS

8.01 Exhibits to Agreement
The following exhibits are incorporated by reference and included as part of this Agreement:

A. Exhibit A, Engineer’s Services.

B. Exhibit B—Not used, Deliverables Schedule.

C. Exhibit C, Amendment to Owner-Engineer Agreement (form).

D. Exhibit D—Not used., Duties, Responsibilities and Limitations of Authority of Resident Project Representative.

E. Exhibit E—Not used., EJCDC® C-626, Notice of Acceptability of Work (form).

F. Exhibit F—Not used., Electronic Documents Protocol (EDP).

G. Exhibit G, Insurance.

H. Exhibit H—Not used., Dispute Resolution.

I. Exhibit I, Limitations of Liability.

J. Exhibit J, Payments to Engineer for Services and Reimbursable Expenses.

8.02 Total Agreement
A. This Agreement (which includes the exhibits listed above) constitutes the entire contractual agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a written instrument duly executed by both parties. Amendments should be based whenever possible on the format of Exhibit C to this Agreement.

8.03 Designated Representatives
A. With the execution of this Agreement, Engineer and Owner shall each designate a specific individual to act as representative under this Agreement. Such an individual must have authority to transmit instructions, receive information, and render decisions with respect to this Agreement on behalf of the party that the individual represents.

8.04 Engineer's Certifications
A. Engineer certifies that it has not engaged in corrupt, fraudulent, or coercive practices in competing for or in executing the Agreement. For the purposes of this Paragraph 8.04:

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1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the selection process or in the Agreement execution;

2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the selection process or the execution of the Agreement to the detriment of Owner, or (b) to deprive Owner of the benefits of free and open competition;

3. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the selection process or affect the execution of the Agreement.

8.05 Conflict of Interest
A. Nothing in this Agreement will be construed to create or impose any duty on the part of Engineer that would be in conflict with Engineer’s paramount obligations to the public health, safety, and welfare under the professional practice requirements governing Engineer, its Subconsultants, and all licensed professionals employed by Engineer or its Subconsultants.

B. If during the term of this Agreement a potential or actual conflict of interest arises or is identified:

1. Engineer and Owner together will make reasonable, good faith efforts to avoid or eliminate the conflict of interest; to mitigate any adverse consequences of the conflict of interest; and, if necessary and feasible, to modify this Agreement to address the conflict of interest and its consequences, such that progress under the Agreement may continue.

2. Such efforts will be governed by applicable Laws and Regulations and by any pertinent Owner’s policies, procedures, and requirements (including any conflict of interest resolution methodologies) provided to Engineer under Paragraph 2.04.A of this Agreement.

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This Agreement’s Effective Date is [insert date].

Owner: Engineer:

Stantec Consulting Services Inc.
(name of organization) (name of organization)
By: By:
(individual’s signature) (individual’s signature)
Date: Date:
(date signed) (date signed)
Name: Name:
(typed or printed) (typed or printed)
Title: Title:
(typed or printed) (typed or printed)
Attach evidence of authority to sign. Attach evidence of authority to sign.

Attest: Attest:
(individual’s signature) (individual’s signature)
Title: Title:
(typed or printed) (typed or printed)
Address for giving notices: Address for giving notices:

Designated Representative: Designated Representative:

Name: Name:
(typed or printed) (typed or printed)
Title: Title:
(typed or printed) (typed or printed)
Address: Address:

Phone: Phone:

Email: Email:

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TOC Page 1 of 1

EXHIBITS TO AGREEMENT BETWEEN OWNER AND ENGINEER

FOR PROFESSIONAL SERVICES

TABLE OF CONTENTS
EXHIBIT A—ENGINEER’S SERVICES
EXHIBIT C—AMENDMENT TO OWNER-ENGINEER AGREEMENT
EXHIBIT G—INSURANCE
EXHIBIT H—DISPUTE RESOLUTION
EXHIBIT I—LIMITATIONS OF LIABILITY
COMPENSATION PACKET BC-2: BASIC SERVICES—STANDARD HOURLY RATES COMPENSATION PACKET AS-1: ADDITIONAL SERVICES—STANDARD HOURLY RATES APPENDIX 1: REIMBURSABLE EXPENSES SCHEDULE
APPENDIX 2: STANDARD HOURLY RATES SCHEDULE
EXHIBIT A—ENGINEER’S SERVICES
Article 1 of the Agreement, Services of Engineer, is supplemented to include the following provisions:

Baseline Information: Owner has furnished information in the Request for Proposal for the SAN JUAN BAUTISTA WATER TRANSMISSION PIPELINE DESIGN SERVICES Proposal Release Date 03/26/2025 to the Engineer as of the Effective Date. Engineer’s scope of services has been developed based on this information. As the Project moves forward, some of the information may change or be refined, and additional information will become known, resulting in the possible need to change, refine, or supplement the scope of services.

Project Background and Description
The San Juan Bautista Water Transmission Pipeline Project (Project) goals are to improve water quality by reducing hardness through blending, enhance reliability with an additional potable water source, and increase capacity for future community growth in the City of San Juan Bautista.

This project stems from the City's challenges with its current groundwater wells, which have experienced high levels of nitrate and hardness (calcium bicarbonate [CaCO₃]), making them an unreliable drinking water source for the community.

The Project involves designing approximately 6-miles of new 12-inch HDPE transmission pipeline, within County roadways and right-of-way, from the San Benito County Water District's (District) West Hills Water Treatment Plant (WTP) to connect with the City's existing water system near the City Well No. 6 treatment system. The pipeline alignment will follow the access road from the West Hills WTP, continue along Union Road, cross State Highway (HWY) 156 using an existing City of Hollister 12” water pipeline, then follow the Old Highway 156 Frontage Road before crossing HWY 156 using trenchless methods and connecting to the City's system via Mission Vineyard Road and San Juan Hollister Road.

The Project criteria includes maintaining pressure between 64.8 psi and 99.0 psi at the City connection point requiring a flow control valve, flow meter, and orthophosphate dosing system near the connection to the City’s system at Mission Vineyard Road.

The surface water, imported from the Central Valley Project (CVP) and treated at the West Hills WTP, and the groundwater from City Well 6 will be blended at a ratio of 85% to 15%, respectively, to achieve a target hardness of 150 mg/L as CaCO₃ as specified in the San Juan Bautista Water Supply MOU. This blending will require a orthophosphate dosing system into the blended water supply to the City system.

This orthophosphate chemical addition will form a protective coating inside the existing cast iron pipes in the City's system, preventing the leaching of heavy metals when the surface water (which has different chemical properties) is blended with the City's groundwater.

The pipeline design will incorporate a horizontal directionally drilled (HDD) trenchless construction technique for a single crossing under State Highway 156. The HDD crossing will be designed to meet Caltrans Encroachment Permit Guidelines and Specifications for Trenchless Projects, including appropriate casing pipe, minimum cover requirements, and necessary geotechnical investigations to facilitate the installation.

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Additionally, the pipeline trench will need to incorporate a conduit for broadband communication in certain sections.

The Project requires environmental analysis and documentation to comply with both CEQA and NEPA requirements due to potential federal grant funding sources. Based on the City’s BODR Update, the project area potentially contains habitat for several special-status species, including the California tiger salamander, California red-legged frog, and San Joaquin kit fox.

Engineer shall provide Basic and Additional Services as set forth below.

ARTICLE 1—BASIC SERVICES
This section provides the Stantec scope of services to be provided for the Project. Table 1 provides a work breakdown structure summary including deliverables. A detailed scope statement is provided, followed by assumptions and deliverables lists pertinent to each subtask.

Table 1 – WORK BREAKDOWN STRUCTURE
TASK
NO.

TASK DESCRIPTION DELIVERABLES
1 Project Management

1.1 Project Controls &
Management
Monthly invoices and progress reports
Initial schedule and schedule updates

1.2 Conduct Meetings Agendas, meeting presentation materials, and meeting minutes and action item logs

1.3 Caltrans, County and City
Coordination
Agendas, meeting presentation materials, and meeting
minutes and action item logs

1.4 QA/QC Review 100% design submittal City’s standard Certification of Peer Review
2 Preliminary Design

2.1 Data Review, Information
Gathering, and Site Visits
Record of existing utilities information, GIS map of 10% alignment

2.2 Surveying and Topographic
Mapping
Digital CADD mapping base (Civil 3D, DWF format) and
Surveyor’s Report

2.3 Geotechnical Field
Investigations and Report
Draft and final Geotechnical Report

2.4 Utility Investigations and
Potholing
Proposed potholes locations exhibit, documentation of
outreach with utility owners

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TASK
NO.

TASK DESCRIPTION DELIVERABLES

2.5 Easement and ROW
Evaluations and Encroachment
Permitting
GIS based map with ROW and easement, plots ownership.

Encroachment permits for Caltrans and County

2.6 Pre-Design Tech Memo, 30%
Plans, Schedule and Cost
Estimate
Draft and final Pre-Design TM: 30% plans, 30% project
schedule, 30% cost estimate
3 Environmental Constraints and
Permitting

3.1 CEQA and NEPA Analysis and
Encroachment Permit Support
Draft, notices, public review, public hearing and Notice of Determination. NEPA compliance documentation

3.2 Biological Permitting Draft and final California Department of Fish and Wildlife Section 2081 Incidental Take Permit or Consistency
Determination application
Draft and final U.S. Army Corps of Engineers Section 404 Nationwide Permit application (if needed)
Draft and final California Department of Fish and Wildlife Section 1600 Streambed Alteration Agreement
Application (if needed)
Draft and final Regional Water Quality Control Board Section 401 Water Quality Certification application (if needed) 4 Design Development

4.1 Plans, Specifications and
Schedule Updates
60% and 100% Plans and Specifications
60% and 100% Project Schedule
30% and 60% Comment Log with Responses
60% and 100% Special provisions with recommended changes using Track Changes in Microsoft Word format.

4.2 Cost Estimates 60% and 100% Cost Estimates

4.3 Stormwater Pollution
Prevention Plan (SWPPP)
60% and 100% SWPPP
5 Bid Package

5.1 Bid Set Plans, Specifications
and Schedule Update
Bid Set Plans, Specifications, Project Schedule
Special provisions with recommended changes using Track Changes in Microsoft Word format.
100% Comment Log with Responses

5.2 Bid Set Cost Estimate Bid Set Cost Estimate

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TASK
NO.

TASK DESCRIPTION DELIVERABLES
6 Bidding Services

6.1 Respond to Bidder RFIs Written Responses

6.2 Addenda Preparation Bid Addenda Documents

6.3 Bid Evaluation Tabulated Bid Evaluation Memo
7 Design Support Services During
Construction

7.1 Construction Meetings Meeting notes

7.2 Technical Support and
Document Review
Requests for Information (RFIs) Reviews, Submittals Reviews, Proposed Contract Change Reviews

7.3 Record Drawings Draft and Final Record Drawings

1.01 Task 1. Project Management and Administration
Task 1 Objective
Monitor and control the deliverables, budget, and schedule goals for the project. Effectively communicate, discuss, and resolve technical and other project challenges.

Subtask 1.1: Project Controls & Management
This subtask includes the tracking of financial performance, preparation of monthly invoices and progress reports. An initial Project schedule will be developed with Microsoft Project scheduling software to establish the sequence of tasks and activities necessary to complete the Project. The schedule will be updated as needed. A project specific Microsoft Teams SharePoint site will be created to store all the project documents in a controlled file system.

Subtask 1.1 Assumptions:
• The duration of the project is 22 months, which includes a 10-month design period, a 2-month bid/award period, and a 10-month construction period.

Subtask 1.1 Deliverables:
• Initial project schedule and schedule updates
• Monthly invoices and progress reports
Subtask 1.2: Conduct Meetings and Coordination with Stakeholders This subtask consists of planning, facilitating, and documenting the following project meetings:
• Kickoff meeting
• Nine monthly progress meetings to be held during the project design phase (Tasks 2 through 4). • Three design milestone review meetings, which will be held following the City’s review of the following design submittals:
o Preliminary design milestone submittal
o 60% design milestone submittal
o 100% design milestone submittal

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• Lessons-learned meeting to be held at a later date.

Stantec will provide a meeting agenda prior to each meeting, develop presentation materials to communicate project status and technical information (when necessary), and prepare meeting minutes. Stantec will maintain a list of action items that will be included with the meeting minutes.

Subtask 1.2 Assumptions:
• The meetings will be limited to those listed above for this subtask. • All meetings will be virtual meetings held via Microsoft Teams.

Subtask 1.2 Deliverables:
• Agendas
• Meeting presentation materials
• Meeting minutes and action item log
Subtask 1.3: Caltrans, County, and City Coordination
This subtask includes Stantec’s time to coordinate with the external stakeholders, Caltrans and the County, as required for coordinating the design of work to be constructed within each party’s right of way. Stantec will also coordinate with City staff related to stakeholder issues.

Subtask 1.3 Assumptions:
• Up to 12 coordination meetings will be held with agencies.

Subtask 1.3 Deliverables:
• Agendas
• Meeting presentation materials
• Meeting minutes and action item logs
Subtask 1.4: QA/QC Review
This subtask includes Stantec’s internal QA/QC reviews focused on accuracy, completeness, and compliance with project requirements. The QA/QC reviews will be performed for the preliminary, 60% and 100% design submittals prior to submittal to the City. For the 100% design submittal, Stantec will provide a formal peer review statement with the City’s standard Certification of Peer Review on a letterhead to document the peer review. The statement and the reviewer’s signature will also be included on the cover sheet of the 100% drawings.

Subtask 1.4 Assumptions:
• QA/QC reviews will be performed for the preliminary (30%), 60% and 100% design submittals.

Subtask 1.4 Deliverables:
• 100% design submittal City’s standard Certification of Peer Review.

1.02 Task 2: Preliminary Design
Task 2 Objective
Develop comprehensive preliminary design documentation, including technical memoranda, field surveys, utility coordination, establish the pipeline horizontal alignment, cost estimate, and project schedule. Evaluate design options, ROW impacts, and geotechnical data to establish the basis for the Design Development task.

Subtask 2.1: Data Review, Information Gathering, and Site Visits Stantec will collect and analyze available existing project data, including as-built drawings, previous studies, planning

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documents, and utility records. This subtask includes conducting up to three site visits to verify existing conditions.

Stantec will assess existing conditions, constraints, and requirements as necessary to complete the preliminary design.

Subtask 2.1 Assumptions:
• The pipeline alignment route will be the Route A alignment recommended in the August 9, 2024, BODR Update enclosed with the RFP; no other alignment route alternatives will be considered. • Up to three site visits are budgeted for in fee proposal. • The pipeline will primarily be located within paved roadway and shoulder of existing roadways and within public right of way (ROW).

Subtask 2.1 Deliverables:
• Record of existing utilities information
• GIS map of 10% alignment in PDF format
Subtask 2.2: Surveying and Topographic Mapping
Stantec will implement a dual-method survey approach for topographic data collection along the alignment:
• Aerial photogrammetry at 1"=40' scale with 1-foot contour intervals will be captured via fixed-wing aircraft and processed to produce high-resolution orthophotos (0.15-foot pixel resolution). • This aerial mapping will be supplemented with conventional ground survey methods to verify critical infrastructure elements including utilities boxes, manholes, and property boundaries.

For the cadastral component, Stantec will combine GIS data integration with targeted field verification of Caltrans ROW monuments at HWY 156 crossings.

All field activities will be executed under professional land surveyor supervision with rigorous quality controls.

Subtask 2.2 Assumptions:
• The width of the mapping corridor will be 200 feet.

Subtask 2.2 Deliverables:
• A digital CADD mapping base (Civil 3D, DWF format) containing integrated cadastral and topographic elements.
• A detailed Surveyor's Report documenting field procedures, calculations, and positional accuracy.

Subtask 2.3: Geotechnical Field Investigations and Report Under this subtask the project Geotechnical Engineer will perform all work necessary to complete the geotechnical field investigations and testing including:
• Obtain encroachment permits from the County and Caltrans to perform the work. • Perform site reconnaissance and utility coordination prior to subsurface exploration. • Perform subsurface exploration with borings along the proposed pipeline alignment at a spacing of approximately every 2,000 to 2,500 feet where open cut construction is proposed and one boring at each end of the proposed trenchless crossing of HWY 156 by Mission Vineyard Road. The borings will be completed in the road shoulder and County roadway right-of-way where possible. • Perform laboratory testing to characterize soil properties.

Stantec will prepare a geotechnical report addressing trench excavation methods, stability considerations, backfill requirements, pipe support needs, groundwater management, thrust restraint design, and specialized recommendations for trenchless crossings. The geotechnical report will provide comprehensive design parameters, construction considerations, and pavement recommendations, accompanied by relevant maps, boring logs, and site plans, to support project implementation.

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Subtask 2.3 Assumptions:
• The pipeline alignment is outside of the Alquist Priolo (AP) zone. • Seismicity (e.g., CBC parameters, liquefaction assessment) will not be addressed. • Borings will be completed within the shoulder to the extent possible. • Traffic control for fieldwork will consist of should closures and temporary single lane closures with flaggers. • Explorations within existing pavement will be backfilled with dyed back concrete; patching the pavement with hot mix asphalt is not included in this scope of work.
• No contaminated soil or groundwater issues are present that would require containment of the drill cuttings; drill cuttings will be spread out on the shoulder.
• The City of San Juan Bautista encroachment fee will be waived. • All permit fees will be paid for by the City.

Subtask 2.3 Deliverables:
• Draft geotechnical report in PDF format.
• Final geotechnical report in PDF format.

Subtask 2.4: Utility Investigations and Potholing
Stantec will perform utility research along the project alignment to Utility Quality Level D per American Society of Civil Engineers (ASCE) Standard 38 following American Public Works Association’s (APWA) utility coordination procedures for “A” plans. This will include:
• Sending preliminary plans to each utility owner identified within the project area as part of a request for their utility record information.
• Maintaining records including each identified utility representative’s contract information, copies of our requests to the representatives, and their responses and records provided. • Loging the utility information.
• Incorporating the data into the drawings.

Upon completion of the utility research work identified in the above bullet points, Stantec will perform up to 40 utility potholes to identify the vertical and horizontal location of existing utilities at key crossing points and parallel runs to the project pipeline. This will include:
• Developing a proposed pothole location exhibit.
• Coordinating with utility owners.
• Documenting all communications.
• Establishment of surface locations for each pothole by a surveyor. • Utility pothole excavations. Detailed data sheets will be prepared to document utility depth, material, size, and location information for each utility that is located. • Updating the project survey files with all pothole findings to the subsurface utility data into the topographic mapping base.
• A utility identification log presenting all pothole data to be included in the predesign technical memorandum.

Subtask 2.4 Assumptions:
• Ground Penetrating Radar Systems (GPRS) services will not be provided as part of this scope of work.

Subtask 2.4 Deliverables:
• Proposed pothole locations exhibit.
• Documentation of outreach with utility owners.

Subtask 2.5: Easement and ROW Evaluations and Encroachment Permitting This subtask includes performing GIS-based research to identify approximate ROW boundaries along the proposed alignment and identify adjacent property ownership. Stantec will prepare exhibits showing ROW controlled by the

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County and Caltrans along the proposed alignment, identify potential encroachments and make preliminary assessments of needed Easement and ROW acquisition. Stantec’s findings and recommendations will be incorporated into the preliminary design memorandum. The project plans will show the approximate GIS-based ROW boundary locations and adjacent property ownership.

Stantec will prepare and submit the standard Caltrans and County encroachment permits for approval under this subtask.

Subtask 2.5 Assumptions:
• Full and comprehensive boundary/ROW surveys are not provided as part of this scope as they were not listed in the RFP. No Agency research, title company research or assistance, field survey, or boundary analysis will be performed.
• Permit fees, including compensatory mitigation costs, are not included in this scope of work.

Subtask 2.5 Deliverables:
• GIS-based map with ROW boundaries, easements, and adjacent property ownership. • Encroachment permits for Caltrans and the County.

Subtask 2.6: Preliminary Design Technical Memorandum, 30% Plans, Schedule and Cost Estimate
This subtask includes the development of a Preliminary Design Technical Memorandum (TM) documenting the project design criteria that will be carried forward in Task 4 – Design Development phase. The Preliminary TM will include:
• Key project design criteria presented in tabular format. • List of Technical Specification Sections to be prepared. • Details and discussion of the chemical stabilization strategy for corrosion control. Stantec will perform an evaluation of chemical stabilization for corrosion control that includes:
o Obtaining water quality data from the City for their groundwater supply and for effluent from the West Hills Water Treatment Plant. Water quality data is to include pH, alkalinity calcium, magnesium, sulfate, iron, manganese, and other water quality constituents necessary to perform corrosion control analysis on the blended water.
o Performing a corrosion control desktop study using Water!Pro™ software to evaluate the impact of blending two water sources with different chemical characteristics on corrosion. The desktop study will help to define constraints on pH adjustment and orthophosphate dosing needed to inhibit leaching of iron and other heavy metals from the pipe scale on existing cast iron pipes in the City’s water distribution system.
o Performing jar tests based on the results of the desktop study and using blended City water from their groundwater supply and effluent from the West Hills Water Treatment Plant to determine the dose of orthophosphate.
o Identifying the location in the proposed along the HDPE pipeline where the chemical injection should occur in order to allow mixing of the chemical to occur prior to reaching existing cast iron pipe.
• Transient analysis of the transmission pipeline including recommendations on the surge relief (if needed) and determine flow control valve operation at connection point to City water system. The hydraulic boundary conditions provided in the 2024 BODR Update will be used for this analysis. • A preliminary project schedule including the estimated bid phase and construction phase. Project schedule will be prepared in Microsoft Project format.
• A preliminary Class 4 Opinion of Probably Construction Cost (OPCC) in accordance with Association for the Advancement of Cost Engineering (AACE) recommended practices. • 30% drawings for the project including:
o Pipeline Plan and profile drawings:
 The drawings will be prepared in AutoCAD using Civil 3D.

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 Plan and profile drawings will be at 1”=40’ horizontal scale and 1”=10’ vertical scale.  The sheet size will be 24”x36”.
 The preliminary horizontal alignment for the pipeline will be based on the recommended Route A in the BODR Update dated August 2, 2024, that was included in the profile.  Profiles will show the existing grade along the alignment; the pipeline will not be shown in the profile.
o Preliminary pipeline details.
o Conceptual traffic control plans (TCPs) including:
 The conceptual traffic control strategy will be a moving work zone method with reversible lane and flaggers to keep a single lane of traffic active during construction. The conceptual TCP will include layout of work zones, merge tapers, and shift tapers. Detailed plans with signing and striping, as required for agency approval prior to construction, will be the Contractor’s responsibility.

Subtask 2.6 Assumptions:
• Owner “soft costs” for engineering, environmental compliance, legal, permitting, and easement acquisition will not be included in the OPCCs.
• The City will provide complete, accurate record drawings for Well No. 6 and the connected pipeline. • The City of Hollister will provide complete, accurate record drawings for the existing connected pipeline that crosses Highway 156.
• Complete, accurate record drawings for the West Hills WTP, including the anticipated tie-in point, will be provided.

Subtask 2.6 Deliverables:
• A draft Preliminary TM in PDF format, including draft 30% drawings, draft 30% project schedule, and draft preliminary OPCC.
• A final Preliminary TM in PDF format, including final 30% drawings, final 30% project schedule, and final preliminary OPCC.

1.03 Task 3: Environmental Constraints and Permitting
Task 3 Objective
Determination of the appropriate CEQA/NEPA compliance documentation levels based on engineering analysis in Task 2, conducting environmental assessments, preparing environmental documents, and obtaining permits from relevant agencies.

Subtask 3.1: CEQA/NEPA Analysis and Encroachment Permit Support This subtask includes management of the CEQA/NEPA compliance process as well as support for the Caltrans encroachment permit process. The Stantec environmental team will perform the following work under this subtask:
• Task 3 Management and Research:
o Hold a kick-off meeting to discuss the project description o Review physical improvement plans and assess potential public controversy o Establish communication protocols
o Confirm the project schedule.
• CEQA/NEPA Compliance:
o Conduct a biological resources analysis to assess potential impacts to waterways identified in the National Wetlands Inventory and evaluate special-status species. The biological assessment will focus on potential impacts to federally and state-protected species including California red-legged frog, California tiger salamander, western spadefoot, San Joaquin kit fox, and northwestern pond turtle. Additional species of concern include bank swallow, burrowing owl, Swainson's hawk,

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tricolored blackbird, American badger, western mastiff bat, western red bat, and various nesting birds and raptors. Plant species of concern include alkali milk-vetch and saline clover. o Prepare a CEQA-Plus Initial Study/Mitigated Negative Declaration addressing required topics for both CEQA and NEPA compliance. This document will include environmental justice and alternatives analyses required by the State Water Resources Control Board (SWRCB) for NEPA compliance. Draft, screen check, and public review versions will be prepared with appropriate review cycles.
o Manage the public participation process, including preparation of required notices (i.e., Notice of Intent and Notice of Completion), assistance with distribution to the State Clearinghouse and applicable agencies and preparation of responses to public comments. o Develop a Mitigation Monitoring and Reporting Program to support implementation of all mitigation measures.
o Attend one public hearing with the City Council to address questions regarding the CEQA and NEPA documentation and prepare the Notice of Determination for posting with the County Clerk and State Clearinghouse.
o Prepare a SWRCB Financial Assistance Application Environmental Package for NEPA compliance.

This scope of work assumes multiple review cycles with Stantec, City staff, and SWRCB will be necessary to prepare a complete final package.
o Prepare the USDA Environmental Report for NEPA compliance. • Tribal Consultation:
o Support the City throughout the tribal consultation process as required by law. o Prepare letters for City review and approval, while attending consultation meetings, as requested by tribes.
o Complete an archaeological resource evaluation pursuant to the requirements of Caltrans. This includes archival research, a pedestrian survey, and preparation of the necessary documentation. • Caltrans Encroachment Permit Support:
o Prepare the following documentation for the encroachment permit:
 Paleontological resources.
 Noise and vibration report.
 Phase I environmental site assessment.

Additional documentation may be required by Caltrans. It will not be known whether any additional documentation will be required until consultation with Caltrans has occurred. This scope of work is limited to the documentation listed above.

Subtask 3.1 Assumptions:
• The pipeline will primarily be located within paved roadway and shoulder of existing roadways. • The time required for the CEQA/NEPA process and agency review is outside of Stantec’s control and may take up to one calendar year.
• Aquatic surveys to be conducted during the rainy season (winter 2026/26) • No more than 10 comments will be received during public review of the CEQA documentation. • No more that one site visit by a regulatory agency will be required. • No historically significant structures will be impacted by this project. • Additional documentation may be required by Caltrans. However, it will not be known whether any additional documentation will be required until consultation with Caltrans has occurred. This scope of work is limited to the documentation listed under Subtask 3.1.

Subtask 3.1 Deliverables:
• Draft notices, public review, public hearing, and Notice of Determination. • NEPA compliance documentation.

Subtask 3.2 Biological Permitting

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This subtask includes management of the biological permit application processes. Depending on the results of the field surveys and project design, permits for impacts to jurisdictional aquatic features may not be required. Based on our knowledge of the project site and habitats present, incidental take permits for state and federally listed species will be required. The Stantec environmental team will perform the following work under this subtask:
• Project Team and Regulatory Agency Coordination
o The Stantec environmental team will coordinate regulatory agency consultation with the city manager and the city engineer to facilitate (and expedite to the extent feasible) the permitting processes.
• Informal Consultation with the U.S. Fish and Wildlife Service o This task includes coordination with the lead federal agency (USDA, EPA or Caltrans) to request consultation with the U.S. Fish and Wildlife Service for take authorization of federally listed species.

Materials provided to the U.S. Fish and Wildlife Service include the Biological Assessment. • California Department of Fish and Wildlife Section 2081 Incidental Take Permit or Consistency Determination
o This task includes preparation of an incidental take permit application package or request for a Consistency Determination, including all required maps, figures, photographs, and other attachments. The permit application will also include the Biological Assessment. Coordination with the engineer will be required to determine temporary and permanent impacts to habitat resulting from the proposed project and to obtain details regarding construction methodology/plans. o Draft document and maps will be produced electronically for review and approval by the city prior to submittal to the California Department of Fish and Wildlife. o Once submitted, the Stantec environmental team will monitor the application process and respond to comments as needed.
• U.S. Army Corps of Engineers Section 404 Nationwide Permit (if needed) o If impacts within ordinary high-water mark or wetland boundaries will occur, a Section 404 Nationwide Permit would be required. This task includes preparation of the Section 404 permit application package, including all required maps, figures, photographs, and other attachments.

Coordination with engineer will be required to determine the area within the ordinary high-water mark and wetland boundaries that may be impacted by the proposed project and to obtain details regarding construction methodology/plans.
o A draft electronic version of the application package will be provided for review and comment. The application package will then be uploaded to the U.S. Army Corps of Engineers electronic permitting system.
• California Department of Fish and Wildlife Section 1600 Streambed Alteration Agreement (if needed) o If impacts to riparian vegetation will occur, a Section 1600 Streambed Alteration Agreement would be required. This task includes preparation of the permit application package, including all required maps, figures, photographs, and other attachments. Coordination with the city engineer will be required to determine the area of riparian vegetation that may be impacted by the proposed project and to obtain details regarding construction methodology/plans. The permit application will also require monitoring and maintenance measures to support the revegetation plan. o A draft electronic version of the application package will be provided for review and comment. • Regional Water Quality Control Board Section 401 Water Quality Certification (if needed) o If impacts within the top of bank of aquatic features will occur, a Section 401 Water Quality Certification would be required. This task includes preparation of the permit application package, including all required maps, figures, photographs, and other attachments. Coordination with the city engineer will be required to determine the area within the top of bank that may be impacted by the proposed project and to obtain details regarding construction methodology/plans. o A draft electronic version of the application package will be provided for review and comment. An electronic application package will then be produced and submitted to the Regional Water Quality Control Board.

Subtask 3.2 Assumptions:
• The required permit fees will be submitted directly to the agencies by the City of San Juan Bautista at the time of application submittal.
o California Department of Fish and Wildlife Section 1600 Streambed Alteration Agreement: the 2025 permit fee is $6,698.00 for a standard agreement when the overall project cost is $350,000 or more.
o California Department of Fish and Wildlife Section 2081 Incidental Take Permit or Consistency Determination: the 2025 permit fee is $40,296.50 for an Incidental Take Permit without mitigation at a California Department of Fish and Wildlife-Approved bank when the overall project cost is greater than $500,000. The 2025 permit fee is $10,074.25 for a Consistency Determination without

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mitigation at a California Department of Fish and Wildlife-Approved bank. Fees are less if compensatory mitigation is purchased at a California Department of Fish and Wildlife-Approved bank.
o Regional Water Quality Control Board Section 401 Water Quality Certification: permit fees are dependent on the amount of dredge and fill proposed. 2024-25 fees are $4,212 for the application plus $37,544 per acre.
• Permits will be obtained within twelve months of authorization; if the permitting process is extended beyond this time period, a contract amendment may be necessary. • A federal agency (USDA, EPA or Caltrans) will request consultation with the U.S. Fish and Wildlife Service for impacts to federally-listed species. Formal consultation and preparation of a Habitat Conservation Plan is not anticipated.

Subtask 3.2 Deliverables:
• Draft and final California Department of Fish and Wildlife Section 2081 Incidental Take Permit or Consistency Determination application
• Draft and final U.S. Army Corps of Engineers Section 404 Nationwide Permit application (if needed) • Draft and final California Department of Fish and Wildlife Section 1600 Streambed Alteration Agreement • Application (if needed)
• Draft and final Regional Water Quality Control Board Section 401 Water Quality Certification application (if needed)

1.04 Task 4: Design Development
Task 4 Objective
Building upon the criteria, preliminary design, and data obtained in Task 2, Task 4 will advance the design to the 60% and 100% design levels, ready for the Bid Package preparation in Task 5.

Subtask 4.1: Plans, Specifications & Schedule Updates
This subtask includes preparation of the 60% and 100% complete documents including plans, specifications and anticipated project schedule through construction completion. The Stantec design team will perform the following work under this subtask:
• 60% Complete Design Phase:
o Prepare a plan set that includes the level of detail that is consistent with 60% design milestone drawings.
o Prepare a review comment tracking log that includes comments received from the City on the 30% design, provide responses to those comments, and address all issues identified during the City’s review of the 30% design.
o Incorporate subcontracted work elements, including pothole information and environmental constraints, into the design.
o Prepare technical specifications in accordance with the Construction Specification Institute (CSI) MasterFormat 2020 system of construction specifications. o Prepare estimated project schedule through construction in Microsoft Project o Edit the City’s standard special provisions document in Microsoft Word using Track Changes to include bid item descriptions, required submittals, information for bidders, table of required material testing and associated responsibility, and table of warranty requirements. o Resolve utility conflicts or establish a timeline for resolution. • 100% Complete Design Phase:
o Continue development of the 60% drawings to prepare a plan set that includes the level of detail that is consistent with 100% design milestone drawings. o Maintain the review comment tracking log by adding comments received from the City on the 60% design and providing responses to those review comments. o Address all remaining issues and comments identified during the City’s review of the 30% design, address all comments identified during the City’s review of the 60% design, and provide responses to all review comments.

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o Prepare estimated project schedule through construction in Microsoft Project o Complete the technical specifications in accordance with the Construction Specification Institute (CSI) MasterFormat 2020 system of construction specifications. • Internal Stantec staff QA/QC peer reviews of the drawings, technical specifications, and special provisions will be completed for the 60% and 100% design milestones as part of Subtask 1.4.

Table 2 shows the List of Drawings identified for the design of the Project. This list of drawings is the basis for this subtasks’ scope of work for the 60% and 100% drawings.

TABLE 2 – LIST OF DRAWINGS
NO. SHEET
NO.

DRAWING TITLE
General
1 G-1 Cover Sheet
2 G-2 List of Drawings, Symbols, and Abbreviations
3 G-3 General Notes, Pipeline Notes
4 G-4 Environmental Notes
5 G-5 Erosion and Sediment Control
6 G-6 Overall Key Plan, Survey Control and Pothole Log
Civil
7 GC-1 Civil Details – I
8 GC-2 Civil Details – II
9 GC-3 Civil Details – III
10-53 C-1 to
C-44
SJBW Pipeline Plan and Profiles (1:40 scale):
• Assumes 32,000 LF @ 800 LF/ sheet
• Includes HDD Plan and Profile
Mechanical
54 Chemical Dosing Details – I
55-56 Chemical Dosing Drawings
Traffic Control Plans
57 T-1 Traffic Control Notes
58 T-2 Conceptual Traffic Control Plan – I
59 T-3 Conceptual Traffic Control Plan – II
60 T-3 Conceptual Traffic Control Plan – III
Subtask 4.1 Assumptions:
• The 60% and 100% design submittals will be reviewed by the City Engineer, and three weeks will be allowed for their review of each submittal.

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• No utility relocation drawings are included. Any utility relocations will be addressed via notes included on the plan and profile drawings.
• No street improvement or striping plan drawings will be prepared. Trench resurfacing requirements will be covered by the technical specifications and the County’s standard details. • Stantec will utilize specifications from Stantec’s master specification library to the extent practical when preparing the technical specifications. Stantec will modify these specifications to incorporate applicable requirements of the County standard specifications and to meet project-specific requirements. • Traffic Control Plans will be a conceptual traffic control strategy of moving work zone method with reversible lane and flaggers to keep a single lane of traffic active during construction. The conceptual traffic control plans will include layout of work zones, merge tapers, and shift tapers. Detailed plans with signing and striping, as required for agency approval prior to construction, will be the Contractor’s responsibility. • The City’s standard special provisions will be used and will be provided to Stantec is Microsoft Word format. • The City’s standard front-end bidding documents will be used.

Subtask 4.1 Deliverables:
• 60% Design Phase:
o Comment tracking log with responses to the City’s 30% design review comments in PDF format. o 60% drawings in PDF format.
o 60% technical specifications in PDF format.
o Estimated project schedule through construction in PDF format o Special provisions with recommended changes using Track Changes in Microsoft Word format. • 100% Design Phase:
o Comment tracking log with responses to the City’s 60% design review comments in PDF format. o 100% drawings in PDF format.
o 100% technical specifications in PDF format.
o Estimated project schedule through construction in PDF format o Special provisions with recommended changes using Track Changes in Microsoft Word format.

Subtask 4.2: Cost Estimates
For the 60% design phase, Stantec will prepare a Class 3 OPCC for in accordance with AACE recommended practices. For the 100% design phase, Stantec will prepare a Class 2 OPCC in accordance with AACE recommended practices. The OPCCs for the 60% and 100% design phases will be in the form of the bid schedule line items.

Subtask 4.2 Assumptions:
• Owner “soft costs” for engineering, environmental compliance, legal, permitting, and easement acquisition will not be included in the OPCCs.
• The City understands that Stantec has no control over costs of labor, materials, competitive bidding environments and procedures, unidentified field conditions, financial and/or market conditions, or other factors likely to affect the probable costs of the construction of the proposed facilities.

Subtask 4.2 Deliverables:
• 60% Design Class 3 OPCC in PDF format.
• 100% Design Class 2 OPCC in PDF format.

Subtask 4.3: SWPPP Documentation
Stantec will prepare Storm Water Pollution Prevention Plan (SWPPP) documentation in compliance with California State Water Resources Control Board (SWRCB) requirements for the project. The SWPPP documentation will include the appropriate erosion and sediment control measures specifically tailored to the project site conditions and construction activities. Additionally, the documentation will provide Best Management Practices (BMPs) for all phases of construction to minimize environmental impacts and maintain water quality standards.

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Stantec will prepare the California Construction Stormwater General Permit (CGP 2022-057-DWG) registration documents for submission. The Contractor will be responsible for submitting and maintaining the SWPPP on the Stormwater Multiple Application and Report Tracking System (SMARTS) during construction.

Subtask 4.3 Assumptions:
• SWPPP documentation prepared by Stantec will be included as an appendix to the project specifications to establish a basis of bid for SWPPP during construction. During construction, management, implementation, and updating the SWPPP will be the responsibility of the General Contractor.

Subtask 4.3 Deliverables:
• SWPPP documentation in PDF format provided at the 60% and 100% design phases.

1.05 Task 5: Bid Package
Task 5 Objective
Task 5 will verify all construction documents are properly finalized, certified, and ready for the bidding process.

Subtask 5.1: Bid Set Plans, Specifications and Schedule Update This subtask includes preparation of a complete bid package upon incorporation of the City’s final comments from the 100% submittal. Stantec will:
• Prepare the Issued for Bid plans with each sheet stamped and signed by the appropriate Engineer of Record for the discipline.
• Prepare the Issued for Bid technical specifications with a cover sheet stamped and signed by the Engineer of Record for each discipline.
• Prepare the Issued for Bid special provisions.
• Prepare a project schedule that details anticipated timelines for construction activities.

Subtask 5.1 Assumptions:
• Hard copies of the documents prepared during this task will not be required.

Subtask 5.1 Deliverables:
• Comment tracking log with responses to the City’s 100% design review comments in PDF format. • Issued for bid drawings in PDF format.
• Issued for bid technical specifications in PDF format. • Special provisions with recommended changes using Track Changes in Microsoft Word format.

Subtask 5.2: Bid Set Cost Estimate
Stantec will update the 100% design cost estimate and finalize as the Final Bid Set Class 2 OPCC in accordance with AACE recommended practices.

Subtask 5.2 Assumptions:
• Owner “soft costs” for engineering, environmental compliance, legal, permitting, and easement acquisition will not be included in the OPCCs.
• The City understands that Stantec has no control over costs of labor, materials, competitive bidding environments and procedures, unidentified field conditions, financial and/or market conditions, or other factors likely to affect the probable costs of the construction of the proposed facilities.

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Subtask 5.2 Deliverables:
• Bid Set Class 2 OPCC in PDF format.

1.06 Task 6: Bidding Services
Task 6 Objective
Provide support to the City during the Project bid phase and procurement process. Support the City’s communication with prospective bidders while adhering to the City's procurement protocols.

Subtask 6.1: Respond to Bidders RFI’s
During bid phase, Stantec will review requests for information from bidders and prepare draft responses for City approval. Bidder questions will be directed to Stantec by City staff and Stantec RFI responses will be provided to the City. All bidder communications will be led and directed by the City's Purchasing Officer.

Subtask 6.1 Assumptions:
• The City will be responsible for advertising the project for bid; receiving requests for information from bidders and issuing request for information responses; issuing addenda; and receiving, reviewing, and assessing bids.
• Stantec will respond to up to eight requests for information during bidding.

Subtask 6.1 Deliverables:
• Written responses to requests for information received during bidding.

Subtask 6.2: Addenda Preparation
During bid phase, Stantec will prepare bid addenda addressing bidder questions, City revisions, or design modifications. Stantec will submit draft addenda to the City for review and approval prior to issuing addenda to bidders. All bidder communications will be led and directed by the City's Purchasing Officer.

Subtask 6.2 Assumptions:
• The City will be responsible for advertising the project for bid; receiving requests for information from bidders and issuing request for information responses; issuing addenda; and receiving, reviewing, and assessing bids.
• Stantec will prepare up to two addenda during bidding.

Subtask 6.2 Deliverables:
• Documents for addenda to be issued during bidding.

Subtask 6.3: Bid Evaluation
Stantec will evaluate and summarize the project bids and prepare a tabulated memo for the City to assist the decision on the Award of the construction contract. The evaluation will summarize the requirements for bidders identified in the Contract Documents and identify any issues with bidders’ compliance with the requirements.

Subtask 6.2 Assumptions:
• The City will be responsible for communicating directly with bidders. Stantec’s bid evaluation summary will be for the City’s use.

Subtask 6.2 Deliverables:
• Tabulated Bid Evaluation Memo

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1.07 Task 7: Design Support Services During Construction Task 7 Objective
Provide technical support to the City’s construction management team during the construction phase to maintain design integrity.

Subtask 7.1: Construction Meetings
This subtask includes Stantec’s participation in six key meetings during the construction phase. The specific six meetings Stantec will attend are as follows:
• Internal handoff meeting between the design team and construction management, highlighting potential construction challenges, critical design elements, and special considerations. • Pre-construction meeting to address contractor questions regarding design intent. • Attend and participate in up to three construction progress meetings to provide design context and technical support.
• Punchlist meeting.

Subtask 7.1 Assumptions:
• The City’s construction manager will organize and lead all construction meetings and will prepare and distribute all agendas, minutes, and other meeting documents for the construction meetings. • Stantec’s attendance to construction phase meetings will be remotely on Microsoft Teams not in person. • Stantec assumes a 10 month construction duration for this scope of work.

Subtask 7.1 Deliverables:
• Meeting notes provided to City Construction Manager.

Subtask 7.2: Technical Support and Document Review
This subtask includes Stantec’s review and response to Contractor documents for compliance with the design and contract documents. The following reviews will be conducted:
• Contractor’s requests for information (RFI’s)
• Contractor submittals and shop drawings
• Contractor’s proposed material or equipment substitutions, other contract changes, including Request for Quotations and Contract Change Orders.

Stantec will review these documents and prepare draft responses for City construction manager review and approval.

All assignments and document reviews will be directed to Stantec by the City construction manager and Stantec responses will be returned to the City construction manager for coordination with the Contractor. Stantec is not responsible for direct communication or direction to the Contractor.

Subtask 7.2 Assumptions:
• Up to 25 RFI’s will be reviewed by Stantec.
• Up to 60 submittals, including revised submittals, will be reviewed by Stantec. • Up to 4 proposed contract changes will be reviewed by Stantec. • The City’s construction manager will issue all formal responses to the contractor. • Stantec assumes a 10 month construction duration for this scope of work.

Subtask 7.2 Deliverables:
• Written responses to requests for information
• Written responses to submittals.

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• Written responses to proposed contract changes.

Subtask 7.3: Record Drawing Preparation
This subtask includes the preparation of the Project’s record drawings in AutoCAD. All revisions made to the final record drawings will be based on the contractor-provided as-built “redlines” with all changes indicated in red and clouded. The Contractor’s as-builts will be reviewed and approved by the City’s construction manager prior to Stantec’s preparation of the record drawings. The record drawings will include a "Record Drawings" stamp that includes the Engineer of Record, Company Name, date of update, and standard disclaimer.

Subtask 7.3 Assumptions:
• The contractor will maintain complete and accurate as-built redline drawings during construction. • The City’s construction management will review the contractor-provided redline drawings documenting asbuilt conditions for completeness and clarity before submitting to Stantec.

Subtask 7.3 Deliverables:
• Draft record drawings in PDF format.
• Final record Drawings in both PDF and native CAD formats.

1.08 - San Juan Bautista Water Transmission Pipeline Design Services Level of Effort and Fee Estimate Senior Principal
Advisor, QA/QC
Principal Prof. III
Principal-In-Charge
Principal Prof. III
Project Manager
Supervising Prof. I
Project Engineer
Senior Prof. II
Civil/Utilities
Principal Prof. I
Trenchless Engineer
Principal Prof. II
Treatment Engineer
Principal Prof. I
Transient Analysis
Senior Prof. I
Mechanical
Supervising Prof. II
Scientist
Principal Prof. I
Cost Estimating
Principal Prof. III
Constructability
Principal Prof. I
Survey Lead
Senior Surveyor
Survey Coordinator
1 - Person Survey Crew
2 - Person Survey Crew
Senior Admin
Project Direct Costs

EMC - CEQA/NEPA
VMC - Aerial Topographic
Mapping
T2 - Potholes
Crawford - Geotechnical
Services
BEN-EN - Traffic Control
Plans
Name Aronow, Gabe Talaat, Khalid Carpenter, Matthew Spalding, John Vakulchik, Alex Ruiz, Albert Shawwa, Ayman Georgalas, Michael Morales, Heather O'Connor, Adam Polla, Don Chavez, Stephen Cuomo, Anthony Carr, Rick Tidd, Cat Kintz, Deborah Project Billing Rate (T&M) $296 $290 $290 $228 $217 $254 $280 $228 $206 $240 $254 $290 $254 $183 $177 $240 $365 $217 Total Hours (T&M) 40 128 204 561 997 217 139 48 100 80 88 26 84 72 26 27 278 48 Fee (T&M) $11,840 $37,120 $59,160 $127,908 $216,349 $55,118 $38,920 $10,944 $20,600 $19,200 $22,352 $7,540 $21,336 $13,176 $4,602 $6,480 $101,470 $10,416 $10,775 $217,745 $21,340 $66,440 $169,840 $20,163 Task
No. Task Name Hours Labour Expense Subs Total
1 Project Management 40 86 68 9 21 33 5 0 0 0 0 0 0 0 0 0 0 48 $1,000 310 $83,307 $1,000 $84,307

1.1 Project Controls & Management 60 20 48 128 $33,616 $33,616

1.2 Conduct Meetings 14 14 9 5 5 5 52 $13,927 $13,9271.3 Caltrans, County and City Coordination 12 34 16 4 $1,000 66 $17,828 $1,000 $18,828

1.4 QA/QC Review 40 24 64 $17,936 $17,936
2 Preliminary Design 24 46 140 280 64 70 48 28 0 24 8 84 72 26 27 278 $7,775 $21,340 $66,440 $169,840 $5,649 1,219 $321,028 $7,775 $263,269 $592,072

2.1 Data Review and Information Gathering 12 20 32 76 8 26 8 $2,250 182 $44,028 $2,250 $46,278

2.2 Surveying and Topographic Mapping 4 48 74 64 24 23 230 $5,225 $21,340 431 $128,034 $5,225 $21,340 $154,599

2.3 Geotechnical Field Investigations and Report 4 2 16 8 16 $169,840 46 $11,188 $169,840 $181,028

2.4 Utility Investigations and Potholing 4 8 24 24 10 8 2 4 48 $300 $66,440 132 $36,998 $300 $66,440 $103,738

2.5 Easement and ROW Evaluations, Permitting 24 24 4 16 68 $15,096 $15,096

2.6 Pre-Design Tech Memo, 30% Plans, Schedule and Cost Estimate 16 40 140 40 40 48 4 24 8 $5,649 360 $85,684 $5,649 $91,333 3 Environmental Constraints and Permitting 8 24 40 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $217,745 72 $18,400 $217,745 $236,145

3.1 CEQA and NEPA Analysis 8 24 40 $217,745 72 $18,400 $217,745 $236,145 4 Design Development 0 80 240 800 120 96 0 144 80 48 32 0 0 0 0 0 0 $14,515 884 $205,304 $14,515 $219,819

4.1 Plans, Specifications and Schedule Updates 40 120 400 60 48 72 16 $14,515 756 $173,912 $14,515 $188,427

4.2 Cost Estimates 48 48 $12,192 $12,1924.3 SWPPP 80 80 $19,200 $19,200 5 Bid Package 2 8 44 60 16 0 0 0 0 16 2 0 0 0 0 0 0 $500 148 $34,660 $500 $35,160

5.1 Bid Set Plans, Specifications and Schedule Update 2 4 40 60 16 2 $500 124 $28,524 $500 $29,024

5.2 Bid Set Cost Estimate 4 4 16 24 $6,136 $6,136
6 Bidding Services 8 8 56 32 4 0 0 0 0 0 0 0 0 0 0 0 0 $500 124 $28,840 $500 $29,340

6.1 Respond to Bidder RFI's 16 16 4 36 $8,136 $8,136

6.2 Addenda Preparation 16 16 $500 32 $7,120 $500 $7,6206.3 Bid Evaluation 8 8 24 56 $13,584 $13,584 7 Design Support Services During Construction 0 10 152 188 40 16 0 0 0 0 0 0 0 0 0 0 0 $1,000 406 $92,992 $1,000 $93,992

7.1 Construction Meetings 6 4 10 $2,652 $2,6527.2 Technical Support and Document 4 140 160 40 16 $1,000 360 $82,440 $1,000 $83,440

7.3 Record Drawings 8 28 36 $7,900 $7,900
TOTAL $784,531 $10,775 $495,528 $1,290,834 3,163
Incudes 10% Markup
Hours

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ARTICLE 2—ADDITIONAL SERVICES

2.01 Additional Services Not Requiring Owner’s Written Authorization A. Engineer shall advise Owner that Engineer is commencing to perform or furnish the Additional Services of the types listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice to cease from Owner. These services are not included as part of Basic Services and will be paid for by Owner as indicated in Exhibit J.

1. Substantive design and other technical services in connection with Work Change Directives, Change Proposals, and Change Orders to reflect changes requested by Owner.

2. Services essential to the orderly progress of the Bidding/Proposal and Construction Phases and not wholly quantifiable prior to those Phases or otherwise dependent on the actions of prospective individual bidders or contractors and including:
a. making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than “or equal” items; b. evaluation and determination of an excessive number of proposed "or equals" or substitutions, whether proposed before or after award of the Construction Contract; and
c. providing to the Contractor or Owner additional or new information not previously prepared or developed by the Engineer for their use in applying for or obtaining required permits and licenses, in responding to agency comments on such applications, or in the administration of any such permits or licenses.

3. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages.

4. Additional or extended services arising from (a) the presence at the Site of any Constituent of Concern or items of historical or cultural significance, (b) emergencies or acts of God endangering the Work, (c) damage to the Work by fire or other causes during construction, (d) a significant amount of defective, neglected, or delayed Work, (e) acceleration of the progress schedule involving services beyond normal working hours, or (f) default by Contractor.

5. Implement coordination of Engineer’s services with other parts of the Project that are not planned or designed by Engineer or its Subconsultants, unless Owner furnished to Engineer substantive information about such other parts of the Project prior to the parties’ entry into this Agreement, in the Baseline Information section of this Exhibit A, or otherwise in Exhibit A; if such substantive information has been so provided, coordination of Engineer’s services will be part of Basic Services.

6. Implement the specific parts of an Underground Facilities Procedure that are assigned to Engineer, or above-ground utilities tasks that are assigned to Engineer as the Project progresses (but not including the design-related services already assigned to Engineer as a Basic Service).

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7. Services (other than Basic Services during the Post-Construction Phase) in connection with any partial utilization of the Work by Owner prior to Substantial Completion.

8. Evaluating unreasonable or frivolous requests for interpretation or information (RFIs), Change Proposals, or other demands from Contractor or others in connection with the Work, or an excessive number of RFIs, Change Proposals, or demands.

9. Reviewing a Shop Drawing or other Contractor submittal more than three times, as a result of repeated inadequate submissions by Contractor.

10. While at the Site, compliance by Engineer and its staff with those terms of Owner's or Contractor's safety program provided to Engineer subsequent to the Effective Date that exceed those normally required of engineering personnel by federal, State, or local safety authorities for similar construction sites.

11. To the extent the Project is subject to Laws and Regulations governing public or government records disclosure or non-disclosure, Engineer will comply with provisions applicable to Engineer, and Owner will compensate Engineer as Additional Services for Engineer’s costs to comply with any disclosure or non-disclosure obligations beyond those identified in the Basic Services.

12. Services directly attributable to changes in Engineer’s Electronic Documents obligations after the effective date of the Agreement.

2.02 Additional Services Requiring Owner’s Written Authorization A. If authorized in writing by Owner, Engineer shall provide Additional Services of the types listed below. These services are not included as part of Basic Services and will be paid for by Owner as indicated in Exhibit J.

1. Obtain or provide specified additional Project-related information and data to enable Engineer to complete its Basic and Additional Services.

2. Preparation of special and customized reporting, invoicing, and related support documentation in addition to that identified to be provided under Basic Services.

3. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project.

4. Services to make measured drawings of existing conditions or facilities, to conduct tests or investigations of existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others.

5. Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by Engineer, or the Project’s design requirements, including, but not limited to, changes in size, complexity, Owner’s schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Construction Contract Documents when such revisions are required by changes in Laws and Regulations

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enacted subsequent to the Effective Date or are due to any other causes beyond Engineer’s control.

6. Services resulting from Owner’s request to evaluate additional Study and Report Phase alternative solutions beyond those agreed to in Exhibit A Article 1.

7. Services required as a result of Owner’s providing incomplete or incorrect Project information to Engineer.

8. Providing renderings or models for Owner’s use, including development, management, and other services in support of building information modeling or civil integrated management.

9. Undertaking investigations and studies including, but not limited to:
a. All-hazards risk assessments and other studies to evaluate the feasibility of enhancing the resiliency of the design;
b. detailed consideration of operations, maintenance, and overhead expenses; c. the preparation of feasibility studies (such as those that include projections of output capacity, utility project rates, project market demand, or project revenues) and cash flow analyses, provided that such services are based on the engineering and technical aspects of the Project, and do not include rendering advice regarding municipal financial products or the issuance of municipal securities; d. preparation of appraisals;
e. with respect to proprietary systems or processes requiring licensing, providing services necessary to assist Owner in obtaining such licensing. f. detailed quantity surveys of materials, equipment, and labor; and g. audits or inventories required in connection with construction performed or furnished by Owner.

10. Furnishing services of Subconsultants or Engineer’s Subcontractors for other than Basic Services.

11. Providing data or services of the types described in Article 2, when Owner retains Engineer to provide such data or services instead of Owner furnishing the same.

12. Providing the following services:
a. Services attributable to more prime construction contracts than specified in Exhibit A Paragraph 1.04.A.1.
b. Services to arrange for performance of construction services for Owner by contractors other than the principal prime Contractor, and administering Owner’s contract for such services.

13. Services during out-of-town travel required of Engineer, other than for visits to the Site or Owner’s office as required in Basic Services (Article 1 of Exhibit A).

14. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructability review requested by Owner; and performing or furnishing services required to revise studies,

Page 23 of 27 ends

reports, Drawings, Specifications, or other documents as a result of such review processes.

15. Preparing additional bidding-related documents (or requests for proposals or other construction procurement documents); preparing pre-qualification procedures and documents, and participating in pre-qualifying prospective Bidders; and preparing Construction Contract Documents for alternate bids.

16. Assistance in connection with bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services.

17. Preparing conformed Construction Contract Documents that incorporate and integrate the content of all addenda and any amendments negotiated by Owner and Contractor.

18. Services to assist Owner in developing or modifying protocols for transmittal of Electronic Documents by Electronic Means after the effective date of this Agreement, either by revising or adapting Exhibit F to the Project or implementing other Electronic Documents protocols among Project participants.

19. Any services by Engineer in connection with Owner or Engineer providing a Document to a Requesting Party under Exhibit F Paragraph 1.01.D (see Exhibit F, Electronic Documents Protocol), or any other distribution of a Document to a third party. Such services may include but are not limited to preparing the data contained in the requested Document in a manner deemed appropriate by Engineer; creating or otherwise preparing and distributing the Document in a format necessary to respond to Owner’s direction or decision to provide the Document to a requesting party, including Contractor, in a format other than that required for deliverables from Engineer to Owner; and services in connection with obtaining required releases from the third parties to which the Documents will be distributed. Compensation for these Additional Services is not contingent upon Owner’s reimbursement from the requesting party.

20. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor, but only if such services increase the total quantity of services to be performed in the Construction Phase, rather than merely shifting performance of such services to a later date.

21. Supplementing Record Drawings with information regarding the completed Project, Site, and immediately adjacent areas obtained from field observations, Owner, utility companies, and other reliable sources.

22. Conducting surveys, investigations, and field measurements to verify the accuracy of Record Drawing content obtained from Contractor, Owner, utility companies, and other sources; revise and supplement Record Drawings as needed.

23. Preparation of operation, maintenance, and staffing manuals.

24. Protracted or extensive assistance in refining and adjusting of Project equipment and systems (such as initial startup, testing, and balancing).

25. Assistance to Owner in training Owner’s staff to operate and maintain Project equipment and systems.

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26. Assistance to Owner in developing systems and procedures for (a) control of the operation and maintenance of Project equipment and systems, and (b) related recordkeeping.

27. Preparing to serve or serving as a consultant or witness for, or producing documents for or on behalf of, Owner in any litigation, arbitration, mediation, lien or bond claim, or other legal or administrative proceeding involving the Project (but not including disputes between Owner and Engineer).

28. Overtime work requiring higher than regular rates.

29. Providing construction surveys and staking to enable Contractor to perform its work other than as required under Exhibit A Paragraph 1.06.B.9; any type of property surveys or related engineering services needed for the transfer of interests in real property; providing construction and property surveys to replace reference points or property monuments lost or destroyed during construction; and providing other special field surveys.

30. Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner.

31. Extensive services required during any correction period, or with respect to monitoring Contractor’s compliance with warranties and guarantees called for in the Construction Contract (except as agreed to under Basic Services).

32. Other additional services performed or furnished by Engineer not otherwise provided for in this Agreement.

33. Optional Task 1: Department of Drinking Water (DDW) Coordination As an optional service, we will coordinate directly with the SWRCB's DDW to help ensure compliance with drinking water standards. We will prepare comprehensive documentation for DDW submittal, initiating coordination at the 60% design stage to allow sufficient time for review and approval. Our team will seek concurrence on any proposed design exceptions, obtain the DDW letter of acceptance prior to the 100% submittal, and incorporate all DDW requirements into the final design documents. This coordination allows for regulatory compliance and minimizes the risk of costly changes during construction. Deliverable: DDW letter of acceptance

34. Optional Task 2: One Hard Copy of the Full-Sized Bid Package We have also included an optional service in our fee proposal to provide one hard copy of the full-sized plans as requested in the RFP. Deliverable: One hard copy of the full-sized Bid Package

35. Optional Task 3: Additional Potholes
Current scope of work includes performing 40 utility potholes to verify existing underground utilities. This optional task provides pricing for additional potholes in increments of five, as this represents the most cost-effective approach for the City.

Mobilizing equipment and crews for fewer than five potholes will result in higher perpothole costs. Each additional set of five potholes includes all necessary labor, equipment, traffic control, backfill, surface restoration, and documentation to

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complete the work efficiently and provide the required utility location data.

Deliverable: Pothole Data Sheets

36. Optional Task 4: Subsurface Utility Engineering (SUE) Our partner, T2, will complete a Quality Level B (QLB) investigation following CI/ASCE Standard 38-22. This investigation includes utility stakeholder research by T2, surveygrade location of visible utility features by Stantec, and survey-grade locations of underground utilities detected through various geophysical methods (direct connection, passive induction, rodding cables, sondes, GPR, etc.). All data will be compiled into Civil 3D .DWG files and integrated into the project deliverables. T2 will also produce a PDF plan set of utility infrastructure, prepared under the direction of and stamped by a California-licensed Civil Engineer. Deliverable: CADD and PDF of utility mapping base, (Civil 3D, .DWF file and PDF)

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San Juan Bautista Water Transmission Pipeline Design Services Optional Tasks Fee Estimate
Additional potholes and data processing (increment of 5 potholes), if needed $14,950 Optional Task 5 Subsurface Utility Engineering (geospatial methods e.g. GPR survey), if needed $280,000 Optional Task 4
Proposed
Amount
$9,120
Optional Task 3
Optional Task No.

Hard copy full-sized Bid Package, if needed and as requested $500 Task Name
(See details in proposals section 5 - Work Plan & Approach) Optional Task 2 Department of Drinking Water (DDW) Letter of Acceptance, if needed

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San Juan Bautista Water Transmission Pipeline Design Service Billing Rate Table
Classification Billing Rate
Senior Principal $296
Principal Professional III $290
Principal Professional II $280
Principal Professional I $254
Supervising Professional II $240
Supervising Professional I $228
Senior Professional II $217
Senior Professional I $206
Associate Professional II $190
Associate Professional I $183
Senior Admin $217
Senior Surveyor $183
Survey Coordinator $177
1 - Person Survey Crew $240
2 - Person Survey Crew $365
Subcontract Markup - Labor and Reimbursable Expenses are markedup with 10% ODC Markup - Other Direct Costs are billed at actual cost without markup Vehicle Mileage - Reimbursable Expense are billed at actual cost without markup Annual Rate escalation, adjusted January 1st each year
Exhibit C—Amendment to Owner-Engineer Agreement.

Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.

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EXHIBIT C—AMENDMENT TO OWNER-ENGINEER AGREEMENT

AMENDMENT TO OWNER-ENGINEER AGREEMENT
Amendment No. [Enter Amendment Number]
Owner: [Name of Owner]
Engineer: [Name of Engineer]
Project: [Name of Project]
Effective Date of Owner-Engineer Agreement: [Effective Date of Agreement] Nature of Amendment: (Check those that apply)
☐ Additional Services to be performed by Engineer
☐ Modifications to services of Engineer
☐ Modifications to responsibilities of Owner
☐ Modifications of payment to Engineer
☐ Modifications to time(s) for rendering services
☐ Modifications to other terms and conditions of the Agreement Description of Modifications:
[Here describe the modifications, in as much specificity and detail as needed. Use an attachment if necessary. Include cost breakdown and documentation, if applicable.] Agreement Summary:

Original agreement amount: $
Net change for prior amendments: $
This amendment amount: $
Adjusted Agreement amount: $
Change in time for services (days or date, as applicable):

Owner and Engineer hereby agree to modify the above-referenced Agreement as set forth in this Amendment. The Effective Date of the Amendment is [Enter Effective Date of Amendment].

Owner Engineer
(typed or printed name of organization) (typed or printed name of organization) By: By:
(individual’s signature) (individual’s signature)
(Attach evidence of authority to sign.) (Attach evidence of authority to sign.) Date: Date:
(date signed) (date signed)
Name: Name:
(typed or printed) (typed or printed)
Title: Title:
(typed or printed) (typed or printed)
Exhibit G—Insurance.

Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.

Page 1 of 2 ends

EXHIBIT G—INSURANCE
ARTICLE 1—INSURANCE
Paragraph 6.04 of the Agreement, Insurance, is supplemented to include the following Exhibit G Paragraphs 1.01 and 1.02:

1.01 Insurance Policies and Limits
A. In accordance with Paragraph 6.04.A of the Agreement, the insurance that Engineer must procure and maintain, and the policy limits of such insurance, are as follows:

Coverage Policy limits of not less
than:

Workers’ Compensation
State Statutory
Employer’s Liability
Each accident $1,000,000
Each employee $1,000,000
Policy limit $1,000,000
Commercial General Liability
General Aggregate $4,000,000
Personal and Advertising Injury $2,000,000
Bodily Injury and Property Damage—Each Occurrence $2,000,000 Automobile Liability
Bodily Injury
Each Person $1,000,000
Each Accident $1,000,000
Property Damage
Each Accident $1,000,000
Or
Combined Single Limit
Combined Single Limit (Bodily Injury and Property Damage) $1,000,000 Excess or Umbrella Liability
Each Occurrence $5,000,000
General Aggregate $5,000,000
Professional Liability
Each Claim $3,000,000
Annual Aggregate $3,000,000
Unmanned Aerial Vehicle Liability Insurance
Each Claim $1,000,000
General Aggregate $1,000,000
Other Insurance [Specify]
Each Claim $-
General Aggregate $-
Exhibit G—Insurance.

Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.

Page 2 of 2 ends

1.02 Additional Insureds
A. Owner shall cause Engineer, its Subconsultants, and its Engineer's Subcontractors to be listed as additional insureds on any of Owner's general liability policies that are applicable to the Project. The following individuals or entities are to be listed on Owner's general liability policies of insurance (and on Contractor's policies required under Paragraph 6.04.D of the Agreement) as additional insureds:

Name of Additional Insured Address
Stantec Consulting Services Inc. 3301 C Street, Suite 1900, Sacramento, CA 95816 EMC Planning Group 601 Abrego St, Monterey, CA 93940
Crawford and Associates 4701 Freeport Boulevard, Sacramento, CA 95822 Bennett Engineering Services
(BEN|EN)
1082 Sunrise Avenue, Suite 100, Roseville, CA 95661
B. During the term of this Agreement the Engineer shall notify Owner of any other Subconsultant or Engineer's Subcontractor to be listed as an additional insured on Owner's and applicable Contractor's general liability policies of insurance.

C. The Owner must be listed on Engineer's general liability policy as provided in Paragraph 6.04.B.

D. For applicable Contractor's general liability policies of insurance, the additional insured endorsements will include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together). If Contractor demonstrates to Owner that the specified ISO endorsements are not commercially available, then Contractor may satisfy this requirement by providing equivalent endorsements.

E. For applicable Contractor's general liability policies of insurance, Contractor shall provide ISO Endorsement CG 20 32 07 04, "Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent for Engineer, Subconsultants, and other design professional additional insureds.

Exhibit H—Dispute Resolution.

Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.

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EXHIBIT H—DISPUTE RESOLUTION
ARTICLE 1—DISPUTE RESOLUTION METHOD
Paragraph 6.07 of the Agreement, Dispute Resolution, is supplemented to include the following Exhibit H Paragraph 1.01:

1.01 Arbitration
A. Method for Resolution of Disputes: All Disputes between Owner and Engineer that have not been resolved by negotiations or mediation will be settled by arbitration administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules (subject to the conditions and limitations of this Exhibit H Paragraph 1.01). This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction.

B. Arbitration Provisions

1. Notice of the demand for arbitration must be filed in writing with the other party to the Agreement and with the selected arbitration administrator. The demand must be made within a reasonable time after the Dispute has arisen. In no event may the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such Dispute would be barred by the applicable statute of limitations.

2. The arbitrator(s) must be licensed engineers, architects, contractors, attorneys, or construction managers. Hearings will take place pursuant to the standard procedures of the Construction Arbitration Rules that contemplate in-person hearings. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute or the Agreement. Any award in an arbitration initiated under this clause will be limited to monetary damages and include no injunction or direction to any party other than the direction to pay a monetary amount.

3. If the applicable arbitration rules require a preliminary mediation, but the parties have already participated in mediation with respect to the Dispute, then the second mediation is not required.

4. The rules of any arbitration must be supplemented to include the following: The award rendered by the arbitrators must be in writing, and include (a) a precise breakdown of the award, and (b) a written explanation of the award specifically citing the Agreement provisions deemed applicable and relied on in making the award.

5. The award rendered by the arbitrators will be consistent with this Agreement and final, and judgment may be entered upon it in any court having jurisdiction thereof, and will not be subject to appeal or modification.

6. The arbitrators will have the authority to allocate the costs of the arbitration process among the parties, but will only have the authority to allocate attorneys' fees if a specific Law or Regulation or this Agreement expressly permits them to do so.

7. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges will constitute a waiver Exhibit H—Dispute Resolution.

Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.

Page 2 of 2 ends

by that party of the right to present evidence or cross-examine witness. In such event, the other party will be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver will not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.

8. Except as may be required by Laws or Regulations, neither party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties, with the exception of any disclosure required by Laws and Regulations or the Agreement. To the extent any disclosure is allowed pursuant to the exception, the disclosure must be strictly and narrowly limited to maintain confidentiality to the extent possible.

9. If a Dispute in question between Owner and Engineer involves the work of a Contractor, Subcontractor, or consultants to the Owner, Subconsultants to the Engineer, or Engineer's Subcontractors (each a "Joinable Party"), and such Joinable Party has agreed contractually or otherwise to participate in a consolidated arbitration concerning this Project, then either Owner or Engineer may join such Joinable Party as a party to the arbitration between Owner and Engineer hereunder. Nothing in this Exhibit H Paragraph 1.01 nor in the provision of such contract consenting to joinder will create any claim, right, or cause of action in favor of the Joinable Party and against Owner or Engineer that does not otherwise exist.

Exhibit I—Limitation of Liability.

Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.

Page 1 of 1 ends

EXHIBIT I—LIMITATIONS OF LIABILITY
ARTICLE 1—LIMITATIONS OF LIABILITY
Paragraph 6.10 of the Agreement is supplemented to include Exhibit I Paragraph(s) 1.01, Mutual Indemnification; and 1.02, Limitation of Engineer's Liability:

1.01 Mutual Indemnification
A. Indemnification by Owner: To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Subconsultants, and Engineer's Subcontractors, from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Owner or Owner's officers, directors, members, partners, agents, employees, or others retained by or under contract to the Owner with respect to this Agreement or to the Project.

1.02 Limitation of Engineer's Liability
A. Engineer's Liability Limited to Amount of Engineer's Compensation: To the fullest extent permitted by Laws and Regulations, and notwithstanding any other provision of this Agreement, the total liability, in the aggregate, of Engineer and Engineer's officers, directors, members, partners, agents, employees, Subconsultants, and Engineer's Subcontractors, to Owner and anyone claiming by, through, or under Owner for any and all claims, losses, costs, or damages whatsoever (including but not limited to direct, indirect, special, incidental, punitive, exemplary, or consequential damages) arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract, indemnity obligations, or warranty express or implied of Engineer or Engineer's officers, directors, members, partners, agents, employees, Subconsultants, or Engineer's Subcontractors, will not exceed the total compensation received by Engineer under this Agreement.

Exhibit J—Payments to Engineer for Services and Reimbursable Expenses.

Compensation Packet BC-2: Basic Services—Standard Hourly Rates.

Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.

Page 1 of 3 ends

EXHIBIT J—PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES COMPENSATION PACKET BC-2: BASIC SERVICES—STANDARD HOURLY RATES ARTICLE 1—COMPENSATION PACKET BC-2: BASIC SERVICES—STANDARD HOURLY RATES Article 2 of the Agreement is supplemented to include the following Exhibit J Paragraphs 1.01, 1.02, and

1.03:

1.01 Compensation for Basic Services (other than Resident Project Representative)—Standard Hourly Rates Method of Payment A. Owner shall pay Engineer for Basic Services set forth in Exhibit A (except for Resident Project Representative services, if any) as follows:

1. An amount equal to the cumulative hours charged to the Project by Engineer's personnel times Standard Hourly Rates for the applicable billing class, plus Reimbursable Expenses, plus Engineer's Subcontractors' and Subconsultants' charges, if any.

2. The Standard Hourly Rates charged by Engineer constitute full and complete compensation for Engineer's services, including labor costs, overhead, and profit; the Standard Hourly Rates do not include Reimbursable Expenses or Engineer's Subcontractor's and Subconsultants' charges.

3. Engineer's Reimbursable Expenses Schedule and Standard Hourly Rates are attached to this Exhibit J as Appendices 1 and 2.

4. The total compensation for such services is estimated to be $1,290,834.00 based on the following estimated distribution of compensation:
a. Project Management $84,307
b. Preliminary Design $592,072
c. Environmental Constraints and Permitting $236,145
d. Design Development $219,819
e. Bid Package $35,160
f. Bidding Services $29,340
g. Design Support Services During Construction $93,992

5. Engineer may alter the distribution of compensation between individual phases of the work noted herein to be consistent with services actually rendered, but compensation will not exceed the total estimated compensation amount unless approved in writing by Owner. See also Exhibit J Paragraph 1.03.C.2 below.

6. The total estimated compensation for Engineer's services included in the breakdown by phases incorporates all labor, overhead, profit, Reimbursable Expenses, and Engineer's Subcontractor's and Subconsultants' charges.

7. The amounts billed for Engineer's services under Exhibit J Paragraph 1.01 will be based on the cumulative hours charged to the Project during the billing period by Engineer's Exhibit J—Payments to Engineer for Services and Reimbursable Expenses.

Compensation Packet BC-2: Basic Services—Standard Hourly Rates.

Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.

Page 2 of 3 ends

employees times Standard Hourly Rates for the applicable billing class, plus Reimbursable Expenses and Engineer's Subcontractor's and Subconsultants' charges.

1.02 Compensation for Reimbursable Expenses
A. Owner shall reimburse Engineer for Reimbursable Expenses directly related to the provision of Basic Services, using the rates set forth in Appendix 1 to this Exhibit J when applicable.

B. Reimbursable Expenses include the expenses identified in Appendix 1 and the following:
transportation (including mileage), lodging, and subsistence incidental thereto; providing and maintaining field office facilities including furnishings and utilities; toll telephone calls, mobile phone charges, and courier charges; reproduction of reports, Drawings, Specifications, bidding-related or other procurement documents, Construction Contract Documents, and similar Project-related items. In addition, if authorized in advance by Owner, Reimbursable Expenses will also include expenses incurred for the use of highly specialized equipment.

C. The amounts payable to Engineer for Reimbursable Expenses will be the Project-related internal expenses actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to the Project, the latter multiplied by a factor of 0%.

1.03 Other Provisions Concerning Payment
A. Whenever Engineer is entitled to compensation for the charges of Engineer's Subcontractors and Subconsultants, such compensation will be the amounts billed to Engineer by Engineer's Subconsultants times a factor of 10%.

B. Factors: The external Reimbursable Expenses and Engineer's Subcontractors' and Subconsultants' factors include Engineer's overhead and profit associated with Engineer's responsibility for the administration of such services and costs.

C. Estimated Compensation Amounts

1. Engineer's estimate of the amounts that will become payable for specified services are only estimates for planning purposes, are not binding on the parties, and are not the minimum or maximum amounts payable to Engineer under the Agreement.

2. When estimated compensation amounts have been stated herein and it subsequently becomes apparent to Engineer that the total compensation amount thus estimated will be exceeded, Engineer shall give Owner written notice thereof, allowing Owner to consider its options, including suspension or termination of Engineer's services for Owner's convenience. Upon notice, Owner and Engineer will promptly review the matter of services remaining to be performed and compensation for such services.

Owner shall either exercise its right to suspend or terminate Engineer's services for Owner's convenience, agree to such compensation exceeding said estimated amount, or agree to a reduction in the remaining services to be rendered by Engineer, so that total compensation for such services will not exceed said estimated amount when such services are completed. If Owner decides not to suspend the Engineer's services during the negotiations and Engineer exceeds the estimated amount before Owner and Engineer have agreed to an increase in the compensation due Engineer or a reduction in the remaining services, then Engineer will be paid for all services rendered hereunder.

Exhibit J—Payments to Engineer for Services and Reimbursable Expenses.

Compensation Packet BC-2: Basic Services—Standard Hourly Rates.

Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.

Page 3 of 3 ends

D. The Standard Hourly Rates and Reimbursable Expenses Schedule will be adjusted annually (as of January 1st) to reflect equitable changes in the compensation payable to Engineer.

Changes will not be effective unless and until concurred in by the Owner.

E. To the extent necessary to verify Engineer's charges and upon Owner's timely request, Engineer shall make copies of such records available to Owner at cost.

Exhibit J—Payments to Engineer for Services and Reimbursable Expenses.

Compensation Packet AS-1: Additional Services—Standard Hourly Rates.

Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.

Page 1 of 2 ends

EXHIBIT J—PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES COMPENSATION PACKET AS-1: ADDITIONAL SERVICES—STANDARD HOURLY RATES ARTICLE 2—COMPENSATION PACKET AS-1: ADDITIONAL SERVICES—STANDARD HOURLY RATES Article 2 of the Agreement is supplemented to include the following Exhibit J Paragraph 3.01:

2.01 Compensation for Additional Services—Standard Hourly Rates Method of Payment
A. Owner shall pay Engineer for Additional Services, if any, as follows:

1. For services of Engineer's personnel engaged directly on the Project pursuant to Exhibit A Paragraph 2.01 or 2.02, except for services as a consultant or witness under Exhibit A Paragraph 2.02.A.28 (which if needed will be separately negotiated based on the nature of the required consultation or testimony), an amount equal to the cumulative hours charged by each class of Engineer's personnel providing such Additional Services times Standard Hourly Rates for each applicable billing class, plus Additional Services-related Reimbursable Expenses and Additional Services-related Engineer's Subcontractors' and Subconsultants' charges, if any.

B. Compensation for Reimbursable Expenses

1. For those Reimbursable Expenses that are directly related to the provision of Additional Services, and are not already accounted for in the compensation for Basic Services or RPR-related services, Owner shall reimburse Engineer, using the rates set forth in Appendix 1 to this Exhibit J when applicable.

2. Such Reimbursable Expenses include, to the extent Additional Services-related, the expenses identified in Appendix 1 and the following categories: transportation (including mileage), lodging, and subsistence incidental thereto; providing and maintaining field office facilities including furnishings and utilities; toll telephone calls, mobile phone charges, and courier charges; reproduction of reports, Drawings, Specifications, bidding-related or other procurement documents, Construction Contract Documents, and similar items. In addition, if authorized in advance by Owner, Reimbursable Expenses will also include expenses incurred for the use of highly specialized equipment.

3. The amounts payable to Engineer for Reimbursable Expenses, if any, will be the Additional Services-related internal expenses actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to such Additional Services, the latter multiplied by a factor of 0%.

C. Other Provisions Concerning Payment for Additional Services

1. Whenever Engineer is entitled to compensation for the charges of Engineer's Subcontractors and Subconsultants, such compensation will be the amounts billed by Engineer's Subcontractors and Subconsultants to Engineer times a factor of 10%.

Exhibit J—Payments to Engineer for Services and Reimbursable Expenses.

Compensation Packet AS-1: Additional Services—Standard Hourly Rates.

Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.

Page 2 of 2 ends

2. Factors: The external Reimbursable Expenses and Engineer's Subcontractors' and Subconsultants' factors include Engineer's overhead and profit associated with Engineer's responsibility for the administration of such services and costs.

3. The Standard Hourly Rates and the Reimbursable Expenses Schedule will be adjusted annually (as of January 1st) to reflect equitable changes in the compensation payable to Engineer for Additional Services-related services and expenses. Changes will not be effective unless and until concurred in by the Owner.

4. To the extent necessary to verify Engineer's charges and upon Owner's timely request, Engineer shall make copies of such records available to Owner at cost.

Exhibit J—Payments to Engineer for Services and Reimbursable Expenses.

Appendix 1: Reimbursable Expenses Schedule.

Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.

Page 1 of 1 ends

EXHIBIT J—PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES APPENDIX 1: REIMBURSABLE EXPENSES SCHEDULE
Reimbursable Expenses are subject to review and adjustment per Exhibit J. Rates and charges for Reimbursable Expenses as of the date of the Agreement are:
8"x11" Copies/Impressions at cost
Copies of Drawings at cost
Mileage (auto) federal IRS rate
Air Transportation at cost
Laboratory Testing at cost
Health and Safety Level D at cost
Health and Safety Level C at cost
Meals and Lodging at cost
Exhibit J—Payments to Engineer for Services and Reimbursable Expenses.

Appendix 2: Standard Hourly Rates Schedule.

Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.

Page 1 of 1 ends

EXHIBIT J—PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES APPENDIX 2: STANDARD HOURLY RATES SCHEDULE
A. Standard Hourly Rates

1. Standard Hourly Rates are set forth in this Appendix 2 to this Exhibit J and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non-project operating costs, and operating margin or profit.

2. The Standard Hourly Rates apply only as specified in Exhibit J.

B. Schedule: Hourly rates for services performed on or after the date of the Agreement are:

Classification Billing Rate
Senior Principal $296
Principal Professional III $290
Principal Professional II $280
Principal Professional I $254
Supervising Professional II $240
Supervising Professional I $228
Senior Professional II $217
Senior Professional I $206
Associate Professional II $190
Associate Professional I $183
Senior Admin $217
Senior Surveyor $183
Survey Coordinator $177
1 - Person Survey Crew $240
2 - Person Survey Crew $365

Item: 9.B
City Council Meeting
June 17, 2025
Page | 1

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 16, 2025
DEPARTMENT: CITY MANAGER / ADMINISTRATION
FROM: ASHLEY COLLICK, CITY MANAGER
TITLE: PROFESSIONAL SERVICES AGREEMENT WITH G7EI INC.

FOR PROJECT MANAGEMENT SERVICES RELATED TO THE

WATER TRANSMISSION PIPELINE DESIGN
RECOMMENDED MOTION:

Approve a Resolution approving a Professional Services Agreement with G7ei Inc. to provide project management services for the Import Water District Pipeline Design Project in an amount not to exceed $61,200, and authorize the City Manager to execute the agreement, including any future extensions as outlined therein.

BACKGROUND:

The City of San Juan Bautista is proceeding with the Water Transmission Pipeline Design Project. Due to the complexity of this infrastructure project, City staff recommends securing outside expertise to assist with project oversight and coordination.

On May 8, 2025, G7ei Inc. submitted a proposal to provide project management services to support the city in administering the project and coordinating with consultants, agencies, and finance staff.

Proposed Details:

G7ei Inc. proposes to work directly with the City Manager to perform the following services:
 Weekly meetings with the design consultant to monitor project status  Preparation of staff reports and project documentation  Monitoring of the project schedule and budget
 Inter-agency coordination and support for finance staff  Other professional services as assigned by the City Manager The initial contract term is for twelve (12) months, with a not-to-exceed amount of $61,200 based on an estimated 20 hours of work per month at $255/hour.

To provide flexibility in the event of design schedule delays or extended project needs, the Professional Services Agreement includes an option for the City to extend the contract for up to two (2) additional one-year terms, subject to written approval by the City Manager. This Page | 2
provision helps ensure continuity of project management support if design or implementation timelines shift.

Staff has reviewed the proposal and finds it responsive and aligned with the City’s needs. A formal Professional Services Agreement has been drafted to reflect standard terms including insurance, indemnification, and optional term extensions.

FISCAL IMPACT:

The $61,200 contract amount will be paid from the water capital improvement project budget.

Any future extension of the contract would be subject to available funding and approval at that time.

ATTACHMENTS:

1. Resolution

2. Draft Professional Services Agreement

3. Proposal for Project Management Services
Page | 1
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH G7EI INC. FOR

PROJECT MANAGEMENT SERVICES RELATED TO THE WATER TRANSMISSION

PIPELINE DESIGN PROJECT
WHEREAS, the City of San Juan Bautista is undertaking the Water Transmission Pipeline Design Project, a critical infrastructure effort requiring professional project management oversight; and
WHEREAS, the City Manager has recommended retaining the services of G7ei Inc., a qualified project management consulting firm, to assist with coordination, budgeting, scheduling, and reporting for this project; and
WHEREAS, G7ei Inc. has submitted a proposal dated May 8, 2025, to provide such services for an amount not to exceed $61,200 over a 12-month period; and WHEREAS, the City has prepared a Professional Services Agreement that includes standard municipal provisions for insurance, indemnity, and contract compliance; and WHEREAS, the City Council finds it in the best interest of the City to enter into said Agreement with G7ei Inc.;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan Bautista as follows:

1. The City Council hereby approves the Professional Services Agreement with G7ei Inc. for project management services related to the Import Water District Pipeline Design Project, in an amount not to exceed $61,200.

2. The City Manager is authorized to execute the Agreement and any related documents, subject to any final non-substantive modifications approved by the City Attorney.

3. This resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED by the City Council of the City of San Juan Bautista at a regular meeting held on the 16th day of September, 2025, by the following vote:

AYES:

NOES:

ABSENT:

Page | 2
ABSTAIN:

APPROVED:
__________________________
Leslie Q. Jordan, Mayor
ATTEST:
__________________________
Elizabeth Soto, City Clerk

PROFESSIONAL SERVICES AGREEMENT

THE CITY OF SAN JUAN BAUTISTA
AND
G7EI INC.

This Agreement is made and entered into as of September 16, 2025, by and between the City of San Juan Bautista, a municipal corporation (“City”), and G7ei Inc., a California corporation (“Consultant”).

RECITALS
A. The City of San Juan Bautista is implementing the Water Transmission Pipeline Design Project; and
B. The City requires project management services to support oversight, coordination, and timely delivery of the project; and
C. G7ei Inc. has submitted a proposal dated May 8, 2025, to provide such services at an amount not to exceed $61,200 over 12 months; and
D. The City desires to engage a consultant to render services outlined in this agreement, as the Council finds it in the public interest to engage G7ei Inc. to perform said services

AGREEMENT

1. Scope of Services
Consultant shall perform project management services as set forth in the proposal dated May 8, 2025, which is attached hereto as Exhibit A and incorporated herein by reference. Services include, but are not limited to:
• Weekly coordination meetings with the design consultant; • Preparation of staff reports on project progress;
• Monitoring project budget and schedule;
• Coordination with agencies and City finance staff;
• Other professional services as directed by the City Manager.

2. Term of Agreement
The term of this Agreement shall commence upon full execution by both parties and shall remain in effect for a period of twelve (12) months, or until completion of the Scope of Work, whichever occurs first.

This Agreement may be extended for up to two (2) additional one-year terms, subject to the City’s written approval, to accommodate delays in the design team’s delivery schedule or the continued need for services. Extensions shall not take effect automatically and must be authorized in writing by the City Manager prior to expiration of the then-current term.

This Agreement may be terminated earlier as provided in Section 7.

3. Compensation
City agrees to pay Consultant for services rendered under this Agreement at the hourly rates specified in Exhibit B (Fee Schedule), not to exceed Sixty-One Thousand Two Hundred Dollars ($61,200) without prior written authorization.

Consultant shall submit monthly invoices describing services performed. City shall pay approved invoices within 30 days of receipt.

4. Independent Contractor
Consultant is an independent contractor and not an employee or agent of the City.

5. Insurance
Consultant shall procure and maintain, at its sole cost and for the duration of this Agreement, insurance coverage in forms and amounts satisfactory to the City and consistent with standard requirements for California municipal contracts. The required coverage shall include, but not be limited to:
• Commercial General Liability insurance with minimum limits of $1,000,000 per occurrence;
• Professional Liability (Errors and Omissions) insurance with minimum limits of $1,000,000 per claim;
• Workers’ Compensation insurance meeting all statutory requirements of the State of California; and
• Automobile Liability insurance, if applicable, covering all vehicles used in connection with the performance of services under this Agreement.

Prior to commencement of work, Consultant shall provide the City with certificates of insurance evidencing the above coverage, along with endorsements naming the City of San Juan Bautista as an additional insured where appropriate. All policies shall be maintained in full force and effect for the term of this Agreement.

6. Indemnification
Consultant shall indemnify, defend, and hold harmless the City, its officers, officials, employees, and agents from and against any and all claims, damages, or liability arising from Consultant’s negligent acts, errors, or omissions in the performance of this Agreement.

7. Termination
Either party may terminate this Agreement by giving thirty (30) days’ written notice to the other party.

8. Miscellaneous
• This Agreement shall be governed by the laws of the State of California. • Any amendments to this Agreement must be in writing and signed by both parties.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

CITY OF SAN JUAN BAUTISTA
By: _____________________________
Ashley Collick
City Manager
Date: _______________________
CONSULTANT: G7ei Inc.

By: _____________________________
Paul H. Greenway
President
Date: _______________________
Attachments:
• Exhibit A: G7ei Inc. Proposal (May 8, 2025)
• Exhibit B: Fee Schedule (2025 Hourly Rates)
May 8, 2025
Ashley Collick
Interim City Manager
San Juan Bautista
311 Second Street
San Juan Bautista CA 95045
Subject: Proposal for Project Management Services for Import Water District Pipeline Design Project
Dear Ms. Collick:

G7ei Inc., a small business, appreciates the opportunity to submit this Proposal for Project Management Services for Import Water District Pipeline Design Project.

It is our understanding that the City of San Juan Bautista is seeking consultant services to assist with the project management of Import Water District Pipeline Design Project. G7 is pleased to respond to the opportunity by proposing Project Management Services or other professional services as needed by the City Manager or Interim City Manager. It is our understanding this may be a multiple phase opportunity of project management with the multiple phases of Project Management.

For this phase of the work, G7 proposes working to assist the City with project management services for Import Water District Pipeline Design Project or other professional services as directed by the City Manager or Interim City Manager. These services may include but not limited to weekly meetings with the design consultant to review the status of the project design, prepare draft staff reports on the status of the project, monitor the project budget, monitor the project schedule, coordination with other agencies, coordination with finance personnel, and other tasks assigned by the City Manager or Interim City Manager.

The exact level of work and duration of work may be dynamic under this proposal and as such the budget for work estimated and average of 20 hours per month at $255/hour for the duration 12 months for a total amount of $61,200. Attached is G7 fee schedule.

Although the project design and professional services will likely exceed 12 months, G7 will not exceed this total amount without authorization from the City Manager or Interim City Manager.

Thank you for the opportunity to submit this Proposal. Please feel free to contact me with any questions at 831-400-8964 or [email protected] Staff Augmentation
Project Management
Construction Management
www.G7ei.com
Sincerely,
G7ei Inc.

Paul H. Greenway
President
G7ei Inc.

Accepted By:
___________________________________ _____________
Ashley Collick, Interim City Manager Date
www.G7Inspections.com
Fee Schedule
2025 Hourly Rates
Senior Project Manager $255
Senior Construction Engineer $235
Senior Bridge Engineer $245
Senior Construction Manager $215
Project Manager III $225
Project Manager II $205
Project Manager I $185
Senior Civil Engineer $225
Senior Construction Inspector $175
Construction Inspector $155
Senior Environmental Compliance $175
Environmental Compliance $165
Senior AutoCAD Drafter $155
AutoCAD Drafter $145
Engineering Intern $120
Blueprint fees, copy fees, subconsultants or other direct costs not listed above are reimbursed at cost plus 10% Hourly Rates effective January 1, 2025. Each subsequent year in January rate adjusted for inflation of 3.5%.

Overtime is billed at 1.5 x hourly rate. Second Shift is billed at 1.10 x hourly rate.

Item No. #7.F
City Council Meeting
September 16, 2025
Page | 1

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 16, 2025
DEPARTMENT: CITY MANAGER’S OFFICE
FROM: ASHLEY COLLICK, CITY MANAGER
BY: MIA ATENCIO, SENIOR ADVISOR, REGIONAL GOVERNMENT

SERVICES (RGS)
TITLE: COMPREHENSIVE USER FEE STUDY, NEXUS STUDY FOR

DEVELOPMENT IMPACT AND FEE SCHEDULE UPDATE, AND
COST ALLOCATION PLAN, CIP NO. 21.10
RECOMMENDED MOTION:

Approve a Resolution Awarding a contract to Matrix Consulting Group for or consultant services to conduct a Comprehensive User Fee Study, Development Impact Fee Nexus Study and Fee Schedule Update, and a Cost Allocation Plan, CIP No. 21.10, in an amount not to exceed $95,900.

RECOMMENDATION:

Staff recommends that the City Council review and approve a consultant services contract with Matrix Consulting Group for a Comprehensive Fee Study, Nexus Study for Development Impact and Fee Schedule Update, and Cost Allocation Plan.

EXECUTIVE SUMMARY:

The City Council approved a Resolution on February 18, 2025, authorizing Staff to publish a Request for Proposals (RFP) for the solicitation of proposals to conduct a Comprehensive User Fee Study, Nexus Study for Development Impact and Fee Schedule Update, and Cost Allocation Plan. The City received a proposal from the Matrix Consulting Group to conduct all three (3) Studies for a not-to-exceed contract amount of $95,900.

BACKGROUND:

City Staff issued the RFP on February 28, 2025, with a deadline for submitting proposals on March 27, 2025. The City sent out the RFP notice to numerous consultants specializing in fee studies, as well as posted it on our website. The City received one (1) proposal and, consequently, decided to extend the proposal deadline to April 30, 2025. There was one (1) Item No. #7.F
City Council Meeting
September 16, 2025
Page | 2
request for more information during the proposal deadline extension. The City received one (1) proposal from Matrix Consulting Group (Matrix).

A panel of City Staff evaluated the Matrix proposal and determined that it is responsive to the required scope of services and demonstrates their ability to meet the desired outcome to deliver reports that will be used to establish User Fees and allocate percentage rates that will support the full cost recovery of services, conduct a nexus study of Development Impact Fees to assist in mitigating city-wide impacts on public improvements, public services, and community amenities, and a prepare a Cost Allocation Plan to calculate the full cost of providing each City service, all of which must be compliant to existing laws, regulations, and mandates.

As part of the City’s due diligence, the proposal was evaluated by various City Staff using standard evaluation criteria, a proposal review with Matrix, and reference checks of various cities that have contracted with Matrix for the three (3) fee studies. Staff determined that the Matrix proposal is responsive to the RFP scope and requirements and the proposed Matrix team is qualified and able to perform the scope of services and requirements in the contract.

FISCAL IMPACT:

The not-to-exceed contract amount of $95,900 will be paid from the Capital improvement budget under studies.

ATTACHMENTS:

1. Resolution

2. Matrix Agreement with Exhibits
Page | 1
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH

MATRIX CONSULTING GROUP FOR A COMPREHENSIVE USER FEE STUDY,

DEVELOPMENT IMPACT FEE NEXUS STUDY AND FEE SCHEDULE UPDATE,

AND COST ALLOCATION PLAN
WHEREAS, on February 18, 2025, the City Council authorized staff to issue a Request for Proposals (RFP) for consultant services to conduct a Comprehensive User Fee Study, Development Impact Fee Nexus Study and Fee Schedule Update, and a Cost Allocation Plan; and
WHEREAS, the City issued the RFP on February 28, 2025, with an extended deadline to April 30, 2025, and received a proposal from Matrix Consulting Group; and WHEREAS, a panel of City staff reviewed and evaluated the proposal in accordance with the RFP criteria and determined that Matrix Consulting Group is qualified and capable of providing the required services; and
WHEREAS, Matrix Consulting Group has extensive experience preparing cost allocation plans, user fee studies, and impact fee nexus studies for cities throughout California, and demonstrated the ability to complete the work consistent with California Government Code, the Mitigation Fee Act (AB1600 and AB602), and Propositions 218 and 26; and WHEREAS, the proposed contract amount of $95,900 is within the Capital Improvement Budget under studies; and
WHEREAS, the contract and scope of work (attached hereto as Exhibits A and B) provide that Matrix Consulting Group will prepare reports and models necessary for the City to establish legally defensible fees, allocate costs fairly across departments, and update its development impact fee program to mitigate citywide impacts from new growth; and WHEREAS, sufficient funding for the project, including contingency, is available through designated capital improvement funding sources: and WHEREAS, the San Juan Bautista City Council reviewed and considered this contract award at its regular meeting on September 16, 2025; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Juan Bautista hereby:

1. Approves the award of a Professional Services Agreement to Matrix Consulting Group for a not-to-exceed amount of $95,900 to conduct a Comprehensive User Fee Study, Development Impact Fee Nexus Study and Fee Schedule Update, and a Cost Allocation Plan.

Page | 2

2. Authorizes the City Manager to execute the Agreement, in substantially the form attached as Exhibit A, and to take all necessary administrative actions to carry out the intent of this Resolution.

PASSED AND APPROVED by the City Council of the City of San Juan Bautista on this 16th day of September, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
___________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________
Elizabeth Soto, City Clerk
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CITY OF SAN JUAN BAUTISTA

AGREEMENT FOR CONSULTANT SERVICES

THIS AGREEMENT is made and entered into on September _______, 2025, by and between the City of San Juan Bautista, a California general law city, hereinafter referred to as the "City," and Matrix Consulting Group, Ltd., a California corporation, hereinafter referred to as the "Contractor." City and Contractor are sometimes individually referred to as "party" and collectively as "parties" in this Agreement.

Recitals

WHEREAS, the City of San Juan Bautista ("City") desires to update its service fees and development impact fees, and establish a cost allocation plan to ensure financial transparency, cost recovery, and legal compliance; and
WHEREAS, the City seeks to undertake three integrated studies: a Comprehensive User Fee Study to evaluate and document the full cost of service delivery; a Development Impact Fee Nexus Study to update and ensure the legality of development-related fees; and a Full Cost Allocation Plan to support appropriate overhead recovery and indirect cost allocation; and WHEREAS, the Development Impact Fee Nexus Study will be conducted in accordance with the Mitigation Fee Act (Government Code § 66000 et seq.), and recent statutory requirements including Assembly Bill 602, to ensure a reasonable relationship between development impacts and fee amounts; and
WHEREAS, the Comprehensive User Fee Study and Cost Allocation Plan will support compliance with Proposition 26 and other applicable laws by ensuring that the fees charged by the City do not exceed the estimated reasonable cost of providing the service for which the fee is imposed; and
WHEREAS, the results of the Project will help the City identify appropriate cost recovery targets, implement defensible fee structures, and establish fair and equitable methods of allocating costs across departments and programs; and
WHEREAS, Matrix Consulting Group, Ltd., a California corporation ("Contractor"), is duly qualified and experienced in providing local government financial consulting services, including cost of service studies, impact fee analyses, and cost allocation plans; and WHEREAS, the Contractor has proposed to perform these services in accordance with the terms set forth in this Agreement and its proposal dated March 27, 2025; and WHEREAS, the City wishes to retain Contractor and Contractor agrees to provide the services described herein under the terms and conditions set forth in this Agreement; Page | 2
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

Terms and Conditions

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and in consideration of the mutual promises contained herein, City and Contractor agree to the following terms and conditions:

1. Scope of Work.

(a) Contractor is hereby hired and retained by the City to work cooperatively with the City to fully and adequately perform those services outlined in Exhibit “A” attached hereto (“Scope of Work”) and by this reference made a part hereof. With prior written notice to Contractor, City may elect to delete certain tasks of the Scope of Work at its sole discretion.

(b) Contractor shall perform all such work with skill and diligence and pursuant to generally accepted standards of practice in effect at the time of performance. Contractor shall provide corrective services without charge to the City for work which fails to meet these standards and which is reported to Contractor in writing within sixty days of discovery. Should Contractor fail or refuse to perform promptly its obligations under this Agreement, the City may render or undertake the performance thereof and the Contractor shall be liable for any expenses thereby incurred.

(c) If services under this Agreement are to be performed by a design professional, as that term is defined in California Civil Code §2782.8(b)(2), design professional certifies that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Section 1(a). By delivery of completed work, design professional certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws, and the professional standard of care in California.

(d) Contractor is responsible for making an independent evaluation and judgment of all relevant conditions affecting performance of the work, including without limitation site conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state and local laws and regulations and all other contingencies or considerations.

(e) City shall cooperate with Contractor and will furnish all information data, records and reports existing and available to City to enable Contractor to carry out work outlined in Exhibit “A." Contractor shall be entitled to reasonably rely on information, data, records and reports furnished by the City, however, the City makes no warranty as to the accuracy or completeness Page | 3
of any such information, data, records or reports available to it and provided to Contractor which were furnished to the City by a third party. Contractor shall have a duty to bring to the City's attention any deficiency or error it may discover in any information provided to the Contractor by the City or a third party.

2. Term of Agreement & Commencement of Work.

(a) Unless otherwise provided, the term of this Agreement shall begin on the date of its full execution and shall expire twelve (12) months from the date of full execution or upon completion of the Project, whichever occurs first, unless extended by amendment or terminated earlier as provided herein. The date of full execution is defined as the date when all of the following events have occurred:

(i) This Agreement has been approved by the City's Council or by the board, officer, or employee authorized to give such approval; and

(ii) The office of the City Attorney has indicated in writing its approval of this Agreement as to form; and

(iii) This Agreement has been signed on behalf of Contractor by the person or persons authorized to bind the Contractor hereto; and.

(iv) This Agreement has been signed on behalf of the City by the person designated to so sign by the City's Council or by the officer or employee authorized to enter into this Contract and is attested to by the San Juan Bautista City Clerk.

(b) Contractor shall commence work on the Project on or by September xx, 2025, or when all the contract requirements for full execution are fulfilled by both parties. This Agreement may be extended upon the written agreement of both parties. Contractor may be required to prepare a written schedule for the work to be performed, which schedule shall be approved by the City and made a part of Exhibit A, and to perform the work in accordance with the approved schedule.

3. Compensation.

(a) City liability for compensation to Contractor under this Agreement shall only be to the extent of the present appropriation to fund this Agreement. For services to be provided under this Agreement, City shall compensate Contractor in an amount not to exceed Ninety-five Thousand, Nine Hundred Dollars ($95,900.00) in accordance with the provisions of this Section and the Fee Schedule attached hereto as Exhibit B and incorporated herein by this reference.

(b) Invoice(s) in a format and on a schedule acceptable to the City shall be submitted to and be reviewed and verified by the Project Administrator (see Section 5(a)) and forwarded to the Page | 4
City's Finance Department for payment. City shall notify Contractor of exceptions or disputed items and their dollar value within fifteen days of receipt. Payment of the undisputed amount of the invoice will typically be made approximately thirty days after the invoice is submitted to the Finance Department.

(c) Contractor will maintain clearly identifiable, complete and accurate records with respect to all costs incurred under this Agreement on an industry recognized accounting basis.

Contractor shall make available to the representative of City all such books and records related to this Agreement, and the right to examine, copy and audit the same during regular business hours upon 24-hour's notice for a period of four years from the date of final payment under this Agreement.

(d) Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by the City to be necessary for the proper completion of the Project but which is not included within the Scope of Work and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B.

(e) Expenses not otherwise addressed in the Scope of Services or the Fee Schedule incurred by Contractor in performing services under this Agreement shall be reviewed and approved in advance by the Project Administrator (Section 5(a)), be charged at cost and reimbursed to Contractor.
(f) There shall be no charge for transportation, lodging, or any travel related expenses within San Benito, Monterey, and Santa Cruz Counties required for the performance of the services under this Agreement.
(g) Services shall be invoiced and payments shall be paid upon completion of each task.

Project-wide tasks shall be deemed complete when all “sub-tasks” for all three (3) fee studies are completed. The final payment shall be made after all three (3) fee studies have been presented to the City Council for adoption.

4. Termination or Suspension.

(a) This Agreement may be terminated in whole or in part in writing by either party in the event of a substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given (1) not less than ten days written notice of intent to terminate, and (2) provided an opportunity for consultation with the terminating party prior to termination.

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(b) If termination for default is affected by the City, an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If after the termination for failure of Contractor to fulfill its contractual obligations, it is determined that the Contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the City.

(c) The City may terminate or suspend this Agreement at any time for its convenience upon not less than thirty days prior written notice to Contractor. Not later than the effective date of such termination or suspension, Contractor shall discontinue all affected work and deliver all work product and other documents, whether completed or in progress, to the City.

(d) If termination for default is affected by the Contractor or if termination for convenience is affected by the City, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by Contractor relating to written commitments that were executed prior to the termination.

5. Project Administrator, Project Manager & Key Personnel.

(a) The City designates as its Project Administrator, Ashley Collick, City Manager, who shall have the authority to act for the City under this Agreement. The Project Administrator or his/her authorized representative shall represent the City in all matters pertaining to the work to be performed pursuant to this Agreement.

(b) Contractor designates Khushboo Ingle as its Project Manager who shall coordinate all phases of the Project. The Project manager shall be available to City at all reasonable times during the Agreement term.

(c) Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Contractor has represented to City that certain key personnel will perform and coordinate the work under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of the City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.

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The key personnel for performance of this Agreement are as follows:

Courtney Ramos, Principal
Madison Dixson, Analyst
Jaymee Westover, Analyst
Anna Barnett, Analyst

6. Delegation of Work.

(a) If Contractor utilizes any subcontractors, consultants, persons, employees or firms having applicable expertise to assist Contractor in performing the services under this Agreement, Contractor shall obtain City's prior written approval to such employment. Contractor's contract with any subcontractor shall contain a provision making the subcontract subject to all provisions of this Agreement. Contractor will be fully responsible and liable for the administration, completion, presentation, and quality of all work performed. If such persons are utilized, they shall be charged at cost. City reserves its right to employ other contractors in connection with this Project.

(b) If the work hereunder is performed by a design professional, design professional shall be directly involved with performing the work or shall work through his, her or its employees. The design professional's responsibilities under this Agreement shall not be delegated. The design professional shall be responsible to the City for acts, errors or omissions of his, her or its subcontractors. Negligence of subcontractors or agents retained by the design professional is conclusively deemed to be the negligence of the design professional if not adequately corrected by the design professional. Use of the term subcontractor in any other provision of this Agreement shall not be construed to imply authorization for a design professional to use subcontractors for performance of any professional service under this Agreement.

(c) The City is an intended beneficiary of any work performed by a subcontractor for purposes of establishing a duty of care between the subcontractor and the City.

7. Skill of Employees. Contractor shall ensure that any employees or agents providing services under this Agreement possess the requisite skill, training and experience to properly perform such services.

Confidential and Proprietary Information. In the course of performing services under this Agreement Contractor may obtain, receive, and review confidential or proprietary documents, information or materials that are and shall remain the exclusive property of the City. Should Contractor undertake the work on behalf of other agencies, entities, firms or persons relating to the matters described in the Scope of Work, it is expressly agreed by Contractor that any such confidential or proprietary information or materials shall not be provided or disclosed in any manner to any of Contractor’s other clients, or to any other third party, without the City’s prior express written consent.

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8. Ownership of Data. Unless otherwise provided for herein, all documents, material, data, drawings, plans, specifications, computer data files, basis for design calculations, engineering notes, and reports originated and prepared by Contractor, or any subcontractor of any tier, under this Agreement shall be and remain the property of the City for its use in any manner it deems appropriate. Contractor agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or intellectual property rights in favor of the City. Contractor shall provide two (2) sets of reproducible of the above-cited items, except for the computer data files which shall consist of one (1) set. Contractor shall use all reasonable efforts to ensure that any electronic files provided to the City will be compatible with the City's computer hardware and software. Contractor makes no representation as to long-term compatibility, usability or readability of the format resulting from the use of software application packages, operating systems or computer hardware differing from those in use by the city at the commencement of this Agreement. Contractor shall be permitted to maintain copies of all such data for its files. City acknowledges that its use of the work product is limited to the purposes contemplated by the Scope of Work and, should City use these products or data in connection with additions to the work required under this Agreement or for new work without consultation with and without additional compensation to Contractor, Contractor makes no representation as to the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Work and shall have no liability or responsibility whatsoever in connection with such use which shall be at the City's sole risk. Any and all liability arising out of changes made by the City to Contractor's deliverables is waived against Contractor unless City has given Contractor prior written notice of the changes and has received Contractor's written consent to such changes.

9. Conflict of Interest.

(a) Contractor covenants that neither it, nor any officer or principal of its firm has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of the City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of the city in the performance of this Agreement.
(b) City understands and acknowledges that Contractor may be, as of the date of commencement of services under this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Contractor is unaware of any stated position of the city relative to such projects. Any future position of the city on such projects may result in a conflict of interest for purposes of this section. (c) No official or employee of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making accepting or Page | 8
approving this contract, shall become directly or indirectly interested in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or similar function in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof.

10. Disclosure. Contractor may be subject to the appropriate disclosure requirements of the California Fair Political Practices Act, as determined by the City Manager.

11. Non-Discrimination.

(a) During the performance of this Agreement the Contractor shall comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California and the City. In performing this Agreement, Contractor shall not discriminate, harass, or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), medical condition (including cancer), age, marital status, denial of family and medical care leave and denial of pregnancy disability leave. Contractor shall give written notice of its obligations under this clause to labor organizations with which it has a collective bargaining or other agreement.

(b) Contractor shall include the nondiscrimination and compliance provisions of this Section in all subcontracts.

12. Indemnification.

(a) Other than in the performance of professional services by a design professional, which shall be solely as addressed by subsection (b) below, and to the full extent permitted by law, Contractor shall (1) immediately defend (with independent counsel reasonably acceptable to the City) and (2) indemnify the City, its Council, boards, commissions, employees, officials and agents ("Indemnified Parties" or in the singular "Indemnified Party") from and against all liabilities regardless of nature or type arising out of or resulting from Contractor’s performance of services under this contract, or any negligent or wrongful act or omission of the Contractor or Contractor’s officers, employees, agents or subcontractors. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines and judgments, associated investigation and administrative expenses; defense costs including but not limited to reasonable attorney’s fees; court costs; expert witness fees; and costs of alternate dispute resolution (“Liabilities”). The Contractor’s obligation to indemnify applies unless it is adjudicated that its liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an Indemnified Party, the Contractor’s Page | 9
indemnification obligation shall be reduced in proportion to the established comparative liability of the Indemnified Party.

(b) To the fullest extent permitted by law (including without limitation California Civil Code Sections 2782.8 as in effect at any given time), when the services to be provided under this Agreement by Contractor are design professional services to be performed by a design professional, as that term is defined under said section 2782.8, the design professional shall (1) immediately defend (with independent counsel reasonably acceptable to the City) and (2) indemnify the City and any Indemnified Party for all Liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of design professional, or the acts or omissions of an officer, employee, agent or subcontractor of the design professional. The design professional’s obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an Indemnified Party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an Indemnified Party, then design professional’s indemnification obligation shall be reduced in proportion to the established comparative liability of the Indemnified Party.
(c) All obligations under this section are to be paid by Contractor as incurred by City. The provisions of this Section are not limited by the provisions of sections relating to insurance including provisions of any worker's compensation act or similar act. Contractor expressly waives its statutory immunity under such statues or laws as to City, its employees and officials.

An allegation or determination of comparative active negligence or willful misconduct by an Indemnified Party does not relieve the Contractor from its separate and distinct obligation to defend the City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
(d) If any action or proceeding is brought against any Indemnified Party by reason of any of the matters against which the Contractor has agreed to defend the Indemnified Party, as provided above, Contractor, upon notice from the City, shall immediately defend any Indemnified Party at Contractor's expense by counsel reasonably acceptable to the City. An Indemnified Party need not have first paid for any of the matters to which it is entitled to indemnification in order to be so defended.
(e) The review, acceptance or approval of the Contractor’s work or work product by any Indemnified Party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This obligation to indemnify and defend City, as set forth herein, is binding on the Page | 10
successors, assigns, or heirs of Contractor and shall survive the completion of the services or the termination of this Agreement or this Section.

13. Insurance.

(a) As a condition precedent to the effectiveness of this Agreement and without limiting Contractor's indemnification of the City, Contractor agrees to obtain and maintain in full force and effect at its own expense the insurance policies set forth in Exhibit “C” “Insurance” attached hereto and made a part hereof. Contractor shall furnish the City with original certificates of insurance, manually autographed in ink by a person authorized by that insurer to bind coverage on its behalf, along with copies of all required endorsements. All certificates and endorsements must be received and approved by the city before any work commences. All insurance policies shall be subject to approval by the City Attorney and Risk Manager as to form and content.

Specifically, such insurance shall: (1) protect City as an additional insured for commercial general and business auto liability; (2) provide City at least thirty days written notice of cancellation, material reduction in coverage or reduction in limits and ten days written notice for nonpayment of premium; and (3) be primary with respect to City's insurance program.

Contractor's insurance is not expected to respond to claims that may arise from the acts or omissions of the City.

(b) City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required herein by giving Contractor ninety days advance written notice of such change. If such change should result in substantial additional cost of the Contractor, City agrees to negotiate additional compensation proportional to the increased benefit to City.

(c) All required insurance must be submitted and approved by the City Attorney and Risk Manager prior to the inception of any operations by Contractor. (d) The required coverage and limits are subject to availability on the open market at reasonable cost as determined by the City. Non availability or non affordability must be documented by a letter from Contractor's insurance broker or agency indicating a good faith effort to place the required insurance and showing as a minimum the names of the insurance carriers and the declinations or quotations received from each. Within the foregoing constraints, Contractor's failure to procure or maintain required insurance during the entire term of this Agreement shall constitute a material breach of this Agreement under which City may immediately suspend or terminate this Agreement or, at its discretion, procure or renew such insurance to protect City's interests and pay any and all premium in connection therewith and recover all monies so paid from Contractor.
(e) By signing this Agreement, Contractor hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the Page | 11
provision of that Code, and that it will comply with such provisions at all such times as they may apply during the performance of the work pursuant to this Contract. Unless otherwise agreed, a waiver of subrogation in favor of the city is required.

14. Independent Contractor. The parties agree that Contractor, its officers, employees and agents, if any, shall be independent contractors with regard to the providing of services under this Agreement, and that Contractor's employees or agents shall not be considered to be employees or agents of the City for any purpose and will not be entitled to any of the benefits City provides for its employees. City shall make no deductions for payroll taxes or Social Security from amounts due Contractor for work or services provided under this Agreement.

15. Claims for Labor and Materials. Contractor shall promptly pay when due all amounts payable for labor and materials furnished in the performance of this Agreement, so as to prevent any lien or other claim under any provision of law from arising against any City property (including reports, documents, and other tangible matter produced by the Contractor hereunder), against the Contractor's rights to payments hereunder, or against the City, and shall pay all amounts due under the Unemployment Insurance Act with respect to such labor.

16. Discounts. Contractor agrees to offer the City any discount terms that are offered to its best customers for the goods and services to be provided herein, and apply such discounts to payment made under this Agreement which meet the discount terms.

17. Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

18. Dispute Resolution. If any dispute arises between the parties as to proper interpretation or application of this Agreement, the parties shall first meet and confer in a good faith attempt to resolve the matter between themselves. If the dispute is not resolved by meeting and conferring, the matter shall be submitted for formal mediation to a mediator selected mutually by the parties.

The expenses of such mediation shall be shared equally between the parties. If the dispute is not or cannot be resolved by mediation, the parties may mutually agree (but only as to those issues of the matter not resolved by mediation) to submit their dispute to arbitration. Before commencement of the arbitration, the parties may elect to have the arbitration proceed on an informal basis; however, if the parties are unable so to agree, then the arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be binding, unless within thirty days after issuance of the arbitrator’s written decision, any party files an action in court. Venue and jurisdiction for any such action between the parties shall lie in the Superior Court for the County of Monterey.

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19. Compliance with Laws.

(a) Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California and the City including but not limited to laws regarding health and safety, labor and employment, wage and hours and licensing laws which affect employees. This Agreement shall be governed by, enforced and interpreted under the laws of the State of California. Contractor shall comply with new, amended or revised laws, regulations or procedures that apply to the performance of this Agreement.

(b) If the Project is a "public work," or prevailing wages are otherwise required, Contractor shall comply with all provision of California Labor Code section 1720 et seq., as applicable, and laws dealing with prevailing wages, apprentices and hours of work.

(c) Contractor represents that it has obtained and presently holds all permits and licenses necessary for performance hereunder, including a Business License required by the City's Business License Ordinance. For the term covered by this Agreement, the Contractor shall maintain or obtain as necessary, such permits and licenses and shall not allow them to lapse, be revoked or suspended.

20. Assignment or Transfer. This Agreement or any interest herein may not be assigned, hypothecated or transferred, either directly or by operation of law, without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

21. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, sent by facsimile ("fax") or certified mail, postage prepaid with return receipt requested, addressed as follows:

To City: Ashley, Collick, City Manager
City of San Juan Bautista
311 Second Street
San Juan Bautista, CA 95045
Fax: (831) 623-4093

To Contractor: Alan Pennington, President
1875 S Grant Street, Suite 960
San Mateo, CA 94402
Phone (650) 858-0507

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Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three days after deposit in the custody of the U.S. Postal Service. A copy of any notice sent as provided herein shall also be delivered to the Project Administrator and Project Manager.

22. Amendments, Changes or Modifications. This Agreement is not subject to amendment, change or modification except by a writing signed by the authorized representatives of City and Contractor.

23. Force Majeure. Notwithstanding any other provisions hereof, neither Contractor nor City shall be held responsible or liable for failure to meet their respective obligations under this Agreement if such failure shall be due to causes beyond Contractor's or the City's control. Such causes include but are not limited to: strike, fire, flood, civil disorder, act of God or of the public enemy, act of the federal government, or any unit of state of local government in either sovereign or contractual capacity, epidemic, quarantine restriction, or delay in transportation to the extent that they are not caused by the party's willful or negligent acts or omissions, and to the extent that they are beyond the party's reasonable control.

24. Attorney's Fees. In the event of any controversy, claim or dispute relating to this Agreement, or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs.

25. Successors and Assigns. All of the terms, conditions and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this paragraph is intended to affect the limitation on assignment

26. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective party.

27. Waiver. A waiver of a default of any term of this Agreement shall not be construed as a waiver of any succeeding default or as a waiver of the provision itself. A party's performance after the other party's default shall not be construed as a waiver of that default.

28. Severability. Should any portion of this Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Agreement will continue as modified.

29. Construction, References, Captions. Since the parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any party. Any term referencing time, days or period for performance shall be deemed calendar days and not work Page | 14
days. The captions of the various sections are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, content or intent of this Agreement.

30. Advice of Counsel. The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the parties hereto. This Agreement shall not be construed in favor or against either party by reason of the extent to which each party participated in the drafting of this Agreement.

31. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

32. Time. Time is of the essence in this contract.

33. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters as set forth in this Agreement, and no other agreement, statement or promise made by or to any party or by or to any employee, officer or agent of any party, which is not contained in this Agreement shall be binding or valid.

IN WITNESS WHEREOF, Contractor and the City by their duly authorized representatives, have executed this Agreement, on the date first set forth above, at San Juan Bautista, California.

CITY OF SAN JUAN BAUTISTA CONTRACTOR

By: By: ___________________
Name: Name: _________________
Its: Its: ___________________
Date: _______________________ Date: ___________________

ATTEST:
(Pursuant to Reso: 20 - _____)

By:

Elizabeth Soto, City Clerk

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Approved as to form:

By:

Jon R. Giffen, City Attorney
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INSERT EXHIBIT A

SCOPE OF WORK
Project Title: Comprehensive User Fee Study, Development Impact Fee Nexus Study & Cost Allocation Plan
Objective: The Consultant shall provide professional services to the City of San Juan Bautista to conduct a comprehensive review and update of its user fees, development impact fees, and cost allocation methods. The goal is to ensure cost recovery, legal defensibility, transparency, and alignment with the City's financial and service delivery objectives.

1. Project Initiation and Data Collection
• Conduct a kick-off meeting with City staff to review project goals, confirm the scope, and establish communication protocols.
• Develop a detailed data request list for all relevant City services, programs, costs, and staffing levels.
• Review existing fee schedules, budgets, prior studies, and cost allocation methodologies. • Establish baseline understanding of service levels and City’s organizational structure.

2. Comprehensive User Fee Study
• Evaluate all current user fees for regulatory and discretionary services (e.g., planning, building, public works, police, administrative).
• Calculate the full cost of providing each service using time-driven or activity-based costing.
• Compare current fees to cost recovery levels and benchmark against comparable jurisdictions.
• Provide recommendations for updated fee levels, cost recovery policies, and subsidization options.
• Deliver a draft User Fee Study report and meet with staff for review and revisions.

3. Development Impact Fee Nexus Study
• Conduct legally defensible nexus analysis in compliance with the California Mitigation Fee Act (Government Code §66000 et seq.).
• Identify infrastructure and facility needs attributable to new development. • Develop a capital improvement plan summary and cost projections (in consultation with City).

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• Calculate updated impact fee schedules for applicable categories (e.g., parks, public safety, admin facilities).
• Provide clear methodology documentation, assumptions, and allocation strategies. • Present draft Development Impact Fee Study and facilitate City review.

4. Cost Allocation Plan
• Develop a model to allocate indirect and overhead costs across departments, programs, and services.
• Identify administrative functions and cost centers, and evaluate current allocation practices.
• Recommend allocation formulas (e.g., FTEs, square footage, usage rates) and test for reasonableness.
• Deliver a Cost Allocation Plan with documentation to support internal budgeting and fee recovery.

5. Engagement & Adoption Support
• Participate in:
• meetings with City Council (study session and adoption hearing), • public workshop (optional, if requested),
• meetings with City staff to review draft and final deliverables. • Provide all deliverables in editable formats (Word, Excel, PowerPoint). • Prepare final report(s) for each component (User Fee Study, Impact Fee Study, Cost Allocation Plan).
• Assist with preparation of staff reports, resolutions, and implementation schedules as needed.

6. Project Timeline
• Project commencement: September xx, 2025
• Anticipated completion: No later than September 30, 2026 • A detailed timeline with milestones and draft/final deliverable due dates will be submitted within 2 weeks of contract execution.

7. City Responsibilities
• Provide timely access to requested data, staff, and documents. • Designate a Project Administrator as liaison for contract and project oversight. • Review and respond to draft deliverables within 10 business days.

Page | 18

8. Standards of Practice: All services shall be performed in accordance with generally accepted professional standards for municipal financial consulting and in compliance with applicable federal, state, and local laws.

9. Incorporation of Proposal: This Scope of Work includes and incorporates by reference the Contractor’s proposal entitled "Proposal to Provide Financial Consulting Services for a Comprehensive User Fee Study, Development Impact Fee Nexus Study, and Cost Allocation Plan," dated March 27, 2025, which is attached hereto as Exhibit A-1. In the event of a conflict between the terms of this Agreement and the attached proposal, the terms of this Agreement shall govern.

10. Optional Services (Not Included Unless Authorized)
• Additional workshops or council presentations beyond those listed. • Development of a Five-Year Capital Improvement Plan (CIP). • Ongoing implementation support beyond adoption (e.g., database updates, annual fee escalators).

Page | 19

INSERT EXHIBIT B

FEE SCHEDULE
Services shall be invoiced and payments shall be paid upon completion of each task. Projectwide tasks shall be deemed complete when all “sub-tasks” for all three (3) fee studies are completed. The final payment shall be made after all three (3) fee studies have been presented to the City Council for adoption.

Page | 20

EXHIBIT D

INSURANCE
Contractor agrees to provide insurance in accordance with the requirements set forth herein. If Contractor uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor shall furnish the City with original certificates of insurance, manually autographed in ink by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the city before any work commences. The City reserves its right to require complete, certified copies of all required insurance policies at any time. The following coverage will be provided by Contractor and maintained on behalf of the City and in accordance with the requirements set forth herein.

Commercial General Liability (primary). Commercial general liability insurance covering Contractor's operations (and products where applicable) is required whenever the City is at risk of third-party claims which may arise out of Contractor's work or presence on City premises.

Contractual liability coverage is a required inclusion in this insurance.

General liability insurance coverage shall be at least as broad as ISO form CG 00 01 10 01 and approved in advance by the City Attorney and Risk Manager. Total limits shall be no less than one million dollars ($1,000,000) combined single limit per occurrence for general liability, bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project or the general aggregate limit shall be two million dollars ($2,000,000).

Contractor must give written notice to the city of any pending claim, action or lawsuit which has or may diminish the aggregate. If any such claim or lawsuit exists, Contractor shall be required, prior to commencing work under this Agreement, to restore the impaired aggregate or prove it has replacement insurance protection to the satisfaction of the City Attorney and Risk Manager.

City, its Council, boards and commissions, officers, employees, agents and volunteers shall be added as additional insured, and the policy shall be endorsed with a form equivalent to ISO form CG 20 10 10 93, that contains the provisions required by this contract. Coverage shall apply on a primary, non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the City or any agent of City. Coverage is not expected to respond to the claims which may arise from the acts or omissions of the city. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices.

Umbrella Liability Insurance. Umbrella liability insurance (over primary) shall apply to bodily Page | 21
injury/property damage, personal injury/advertising injury, at a minimum, and shall include a “drop down” provision providing primary coverage above a maximum $25,000.00 self-insured retention for liability not covered by primary policies but covered by the umbrella policy.

Coverage shall be following form to any underlying coverage.

Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy
Page | 22
limits. There shall be no cross-liability exclusion and no contractor's limitation endorsement.

Policies limits shall be not less than one million dollars ($1,000,000) per occurrence and in the aggregate, above any
limits required in the underlying policies shall have starting and ending dates concurrent with the underlying coverage.

Business Auto. Automobile liability insurance is required where vehicles are used in performing the work under this Agreement or where vehicles are driven off-road on City premises, it is not required for simple commuting unless City is paying mileage. However, compliance with California law requiring auto liability insurance is a contractual requirement.

If automobile insurance is required for work under this Agreement coverage shall be at least as broad as ISO form CG 00 01 10 01 including symbol 1 (Any Auto) approved by the City Attorney and Risk Manager. Coverage shall be endorsed to stated that the City, its Council, boards and commissions, officers, employees, agents and volunteers shall be added as additional insured with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible with a form equivalent to ISO form CG 20 10 10 93. Limits shall be no less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. Starting and ending dates shall be concurrent. If Contractor owns no autos, a non-owned auto endorsement to the commercial general liability policy described above is acceptable.

Workers’ Compensation/Employers’ Liability. Workers' Compensation and Employer's Liability insurance are not required for single-person contractors. However, under California law these coverages (or a copy of the State's Consent to Self-Insure) must be provided if Contractor has any employees at any time during the period of this Agreement. Policy(s) shall be written on a policy form providing workers’ compensation statutory benefits as required by law. Employers’ liability limits shall be no less than one million dollars ($1,000,000) per accident or disease and shall be scheduled under any umbrella policy described above. Unless otherwise agreed, policy(s) shall be endorsed to waive any right of subrogation as respects the City, its Council, boards and commissions, officers, employees, agents and volunteers.

Property Insurance. Property insurance, in a form and amount approved by the City Attorney and Risk Manager, is required for Contractors having exclusive use of premises or equipment owned or controlled by the City. City is to be named a Loss Payee “As Its Interest May Appear” in property insurance in which the City has an interest, e.g., as a lien holder. Fire damage legal liability is required for persons occupying a portion of City premises.

Errors and Omissions/Professional Liability. Errors and Omissions or professional liability coverage appropriate to Contractor's profession, in a form and amount approved by the City Page | 23
Attorney and Risk Manager, will be specified on a project-by-project basis if Contractor is working as a licensed professional. Contractor shall maintain such insurance for a period of five years following completion of the project. Such insurance shall be in an amount of not less than one million dollars ($1,000,000) per claim and in annual aggregate. Design professionals shall maintain such insurance in place until the expiration of the warranty period of the Project.

Contractor and City further agree as follows:
a) This Exhibit supersedes all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. b) Nothing contained in this Exhibit is to be construed as affecting or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Exhibit are intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such.
c) All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
d) Requirements of specific coverage features, or limits contained in this Exhibit are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
e) For purposes of insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or toward performance of this Agreement. f) All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit Contractor, Contractor’s employees, or agents from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against the City. g) Contractor’s insurance shall be written by an acceptable insurance provided, as determined by the City, which satisfies the following minimum requirements: An insurance carried authorized and admitted to do business in the State of California and maintaining an agent for service of process within the state. Such insurance carrier shall maintain a current “A.M. Best” rating classification of “A- “or better and a financial size of $10 million to $24 million (Class V) or better, or a Lloyds of London program provided by syndicates of Lloyds of London and other London insurance carriers, providing all participants are qualified to do Page | 24
business in California and the policy provides for an agent for process in the state. Selfinsurance will not be considered to comply with these insurance specifications. Workers Compensation and Employer’s Liability shall be provided by an A-V rated carrier or by the California State Compensation Fund. If provided by a carrier other than California State Compensation Fund, Contractor shall provide proof of the carrier’s A-V rating to the City. h) In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor.
i) Contractor agrees to provide evidence of the insurance required herein, satisfactory to City Attorney and Risk Manager, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional endorsement to Contractor’s general liability and umbrella liability policies.

Certificate(s) are to reflect that the insurer will provide at least thirty days written notice of cancellation, material reduction in coverage or reduction in limits and ten days written notice for non-payment of premium. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions. Contractor agrees to provide complete copies of policies to City within ten days of City's request for said copies.
j) Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
k) Any actual or alleged failure on the part of the City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of City or any additional insured, in this or any other regard. l) Contractor agrees to require all subcontractors or other parties hired for this Project to provide workers' compensation insurance as required herein and general liability insurance naming as additional insureds all parties to this Agreement. Contractor agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. Contractor agrees to require that no contract used by any subcontractor, or contracts Contractor enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this Agreement. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor contracts with on behalf of City will be submitted to City for review. Contractor acknowledges that such contracts or agreements may require modification if the insurance requirements do not reflect the Page | 25
requirements herein. Failure of City to request copies of such agreements will not impose any liability on City, its Council, boards and commissions, officers, employees, agents and volunteers.
m) If Contractor is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its Managers, Affiliates, employees, agents and other persons necessary or incidental to its operation are insureds. n) Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City.
o) Coverage will not be limited to the specific location or individual entity designated as the address of the Project. Contractor agrees to have its coverage endorsed so that all coverage limits required pursuant to this requirement are available separately for each and every location at which Contractor conducts operations of any type on behalf of City. Contractor warrants that these limits will not be reduced or exhausted except for losses attributable to those specific locations and not by losses attributable to any other operations of Contractor. p) Contractor agrees not to attempt to avoid its defense and indemnity obligations to City, its Council, boards and commissions, officers, employees, agents and volunteers by using as a defense Contractor's statutory immunity under workers' compensation or similar statutes. r) Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and that there will be no cross-liability exclusions that preclude coverage for suits between Contractor and City or between City and any other insured or Named Insured under the policy, or between City and any party associated with City or its employees.
s) Contractor shall maintain commercial general liability, and if necessary, commercial umbrella liability insurance, with a limit of not less than one million dollars ($1,000,000) each occurrence for at least three years following substantial completion of the work.

PROPOSAL TO CONDUCT A COMPREHENSIVE FEE AND RATE STUDY

PROPOSAL TO PROVIDE A

COMPREHENSIVE FEE STUDY, A

NEXUS STUDY FOR

DEVELOPMENT IMPACT AND FEE

SCHEDULE UPDATE

SAN JUAN BAUTISTA, CALIFORNIA
MARCH 27, 2025

MATRIX CONSULTING GROUP
1875 S Grant Street, Suite 960
San Mateo, CA 94402
(650) 858-0507
Ilse Lopez-Narvaez, RFP Coordinator
City of San Juan Bautista
311 Second Street
San Juan Bautista, CA 95045
Matrix Consulting Group is pleased to submit our proposal to conduct a comprehensive fee study, nexus study for development impact, and fee schedule update for the City of San Juan Bautista. Our proposal is based on our review and understanding of San Juan Bautista’s Request for Proposals and will demonstrate the exceptional skills and experience required to meet the City’s needs. It will also establish the additional value of choosing our firm. We will comply with the procedures identified in the RFP.

We have conducted over 300 cost of service studies and have provided this service to our clients for over 22 years. Our experience providing similar services and understanding of the impact and implementation issues comes from working with clients across California, including Cupertino, Dublin, Elk Grove, Millbrae, Mill Valley, Redwood City, San Ramon, San Mateo, South San Francisco, and West Sacramento.

At Matrix Consulting Group, we distinguish ourselves from our competitors through our commitment to delivering unparalleled value. Our staff possess a deep understanding of service and process assumptions behind the cost of service. This dual expertise allows us to provide comprehensive insights and solutions that optimize efficiency and maximize our clients' value.

This proposal remains valid for 90 days from the submission date. Matrix Consulting Group and its proposed project team are free of any conflict of interest with the City of San Juan Bautista.

I am the firm's President, authorized to represent the firm contractually. Courtney Ramos, a senior vice president and financial services practice leader, can provide any additional information you may need during the evaluation period. We can be reached at the address and phone number below or via email at [email protected] and [email protected].

ALAN D. PENNINGTON
President, Matrix Consulting Group, Ltd.
650-858-0507

MATRIX CONSULTING GROUP
LETTER OF TRANSMITTAL 1
EXECUTIVE SUMMARY 2
COMPANY INFORMATION 4
COMPANY BACKGROUND 6
STATEMENT OF QUALIFICATIONS 8

IMPLEMENTATION AND DEVELOPMENT
APPROACH 13
TRAINING 34
ONGOING SUPPORT 35
REFERENCES 36
PRICING 37
PROPOSED LEGAL AGREEMENT 39
ADDITIONAL INFORMATION 40

TABLE OF CONTENTS
SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 2
The City of San Juan Bautista seeks the preparation of a Comprehensive Fee Study, a Nexus Study for Development Impact Fees, and a Cost Allocation Plan. These scopes can be summarized as follows:
• Cost Allocation Plans – will help the City establish a full cost allocation methodology for recovering administrative overhead and an OMB-t methodology for recovering indirect costs associated with grant funding.
• Comprehensive User Fee Study – will document the direct and indirect costs of fee-based services.

The study will also identify services currently provided for which fees could be assessed and facilitate an understanding of how services and fees compare within the region. • Development Impact Fee Study – will confirm proportional impacts of future development based on City growth projections and infrastructure needs.

Key steps in each study will include defining project goals, conducting staff interviews, reviewing existing documentation, recommending fee adjustments, and proposing cost recovery strategies. Interim and final deliverables will consist of fee modification plans, draft and final reports, and supporting worksheets in editable formats. Our project team will also support staff in the presentation of findings and train them on update options and model specifics to facilitate future updates. The results of this study will ensure that resulting project documents align with the City’s needs and develop strategies that maximize cost recovery.

We propose using a highly experienced cross-trained project team led by our Financial Services practice leader, who has worked with local government clients for more than 19 years developing cost of service solutions. Our proposed project manager has worked with local government for over 14 years to identify operational and staffing efficiencies, direct and indirect service costs, and develop real-world solutions that achieve client goals.

We believe a project of this nature will take approximately six (6) months to complete. Assuming the project can begin no later than May 1, 2025, the fee and nexus study results could be implemented on January 1, 2026.

Matrix Consulting Group is unique in that our experience not only encompasses cost accounting and allocation, but also process audits, and best practices. The following points highlight key distinguishing features of our experience and approach to providing cost allocation plans and indirect cost rate services.
• Expert Management Insight: Our team applies best management practices and industry standards, using expertise in staff interviews to refine services, fees, and time estimates. • Versatile Consultants: With deep experience in cost allocation and administrative functions, we ensure all allocable areas are identified, and metrics accurately reflect services.

EXECUTIVE SUMMARY
SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 3
• Tailored Reports & Templates: We customize reports and worksheets for seamless integration into City documents and systems.
• Continued Support: Beyond project completion, we offer ongoing technical support, model reviews, and metric discussions – at no extra cost.

Our mission is to provide our clients with data-driven results that meet current needs while setting them up for future success. The above points outline the added value of choosing a firm like Matrix Consulting Group.

We distinguish ourselves from our competitors through our commitment to delivering unparalleled value.

Our staff possess a deep understanding of service and process assumptions behind the cost of service.

This dual expertise allows us to provide comprehensive insights and solutions that optimize efficiency and maximize our clients' value.

SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 4
The following table provides basic information about Matrix Consulting Group, including our FEIN, form of business, address, headquarters location, number of employees, and use of subcontractors.

Requested Information Firm Response
Legal Entity Name Matrix Consulting Group, LTD
Federal Employer Identification Number (FEIN) 05-0545979 Form of Business Corporation
Subsidiary Matrix Consulting Group is not a subsidiary of any other company
Primary Contact
Alan D. Pennington, President
1875 S. Grant Street, Suite 960
San Mateo, CA 94402
(650) 858-0507
[email protected]
Headquarters Location 1875 S. Grant Street, Suite 960
San Mateo, CA 94402
Support Offices
Along with staff located in our Headquarters,
additional project team members are in our
Irivine (CA) and Charlotte (SC) offices.

Employee Count We have 30 full time employees and 7 parttime employees.

Dedicated Project Employees We have included five (5) full time employees as part of our project team.

Subcontractors We will not be using any subcontractors for this effort.

COMPANY INFORMATION
SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 5
Requested Information Firm Response
San Juan Bautista Business License Number
We do not currently have a San Juan Bautista
business license. If awarded this project we
could apply for one.

Pending Litigation Matrix Consulting Group does not have any pending litigation.

Bankruptcy or Insolvency Filings Matrix Consulting Group has never filed for bankruptcy or insolvency.

Mergers, Acquisitions, or Sales Matrix Consulting Group has never been merged, acquired, or sold.

SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 6
The following sections provide further information regarding our company background, services provided, and financial standing.

COMPANY OVERVIEW
Matrix Consulting Group, Ltd. is a consulting firm that provides quality financial and management analytical assistance to local and state governments. Since our founding in 2003, we have worked with over 1,800 government agencies, conducting cost of service and management studies and providing recommendations on operations, improvements, and cost recovery. The following outlines the core services provided by our firm:

City / Countywide Administrative Community
Development Public Works
• Organizational
assessments
• Strategic planning
• Staffing analysis
• Management analysis
• Customer service
• Shared services
• Housing Authority
• Performance
management
• Shared services analysis
• Compliance audits
• Information technology
• Process improvement
• Strategic planning
• Permit streamlining
• Organization and staffing
• Housing & Neighborhood
• Programs
• Customer service
• Asset Management
• Staffing Analysis
• Infrastructure
assessments
• Preventive maintenance
needs
• Facilities management
• Sustainability
Parks, Recreation and
Libraries Fleet Management Financial Services Corrections and Justice • Master and strategic
planning
• Staffing and program
analysis
• Customer service
• Park condition
assessments
• Utilization reviews
• Fleet replacement
planning
• Fleet asset management
• Maintenance operations
• Sustainability
• Technology
• Staffing
• Full cost allocation plans
• OMB cost plans
• Cost of services
• User fees
• Development impact /
Nexus
• Billable/hourly rates
• Internal controls audits
• Operational analysis
• Staffing analysis
• Needs assessments
• Community corrections
Emergency
Communications Law Enforcement Fire and EMS
• Staffing analysis
• Operations analysis
• Consolidation feasibility
• Implementation
assistance
• Staffing analysis
• Patrol scheduling and
deployment
• Patrol beat redesign
• Community policing
• Consolidation feasibility
• Contract compliance
audits
• Overtime audits
• Projections and growth
impact
• Master and strategic
plans
• Station location planning
• Staffing analysis
• Scheduling and
deployment
• Standard of coverage
• Consolidation feasibility
• Management studies
• Contract compliance
audits

COMPANY BACKGROUND
SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 7
No other firm better understands how public agencies operate or how to help them thrive.

FINANCIAL STANDING
The Matrix Consulting Group has been financially sound since its inception in 2003. Our financial strength is demonstrated by:
• We have been profitable or have broken even every year, including during the Great Recession and the Covid-19 pandemic.
• We are debt-free, holding only a line of credit principally used for year-end transition. • We compensate staff well, with the firm paying the entire premiums for employees and dependents.

There are also year-end bonuses and retirement contributions.

As a small firm, we are not required to develop audited financial statements, but our accounting firm provides counsel and oversight and develops our annual tax documents. Below is a summary profit and loss statement for the last three complete calendar years. Our 2024 results are still being reviewed by our accountant.
2021 2022 2023
Total Income $ 3,940,509 $ 5,644,602 $ 6,502,334
Expenses
Administration $ 556,186 $ 985,404 $ 1,092,748
Client Travel $ 57,858 $ 104,423 $ 103,376
Non-Client Travel $ 27,239 $ 85,410 $ 121,503
Personnel $ 3,449,403 $ 4,450,261 $ 5,166,419
Total Expenses $ 4,090,686 $ 4,450, 261 $ 6,484,046
Net Income $ (152,183) $ 19,104 $ 18,288
These results align with our approach to financial management, where we carefully allocate resources and manage cash flows to support operational stability and long-term sustainability.

SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 8
The market and service focus of Matrix Consulting Group has always been financial, management, staffing, and operations analysis of local government. The following outlines the core financial services provided by our firm:

Full Cost Plans User Fee Studies
OMB 2 CFR Part 200 Cost Plans Development Impact Fee Studies Indirect Cost Rate Proposals Fully Burdened Hourly Rates Internal Service Fund Analyses Revenue Projections
The following sections outline our experience providing cost plans, user fees, and impact fee studies to local government clients.

COST ALLOCATION PLAN EXPERIENCE
Our firm has over 22 years of experience developing Full Cost Allocation Plans and Indirect Cost Rate Proposals for various municipal organizations across the United States. Our goal is to document and define the services being provided and allocate costs to all beneficiaries. The following points highlight our experience developing cost allocation plans and metrics:
• Administrative Functions: Our firm has extensive experience evaluating processes and functions associated with Finance, Human Resources, and Purchasing, from basic tasks and responsibilities to process improvement and oversight controls. Our project teams understand the core services related to administrative functions and the time related to process completion. They are adept at helping staff determine the daily, weekly, monthly, or annual time spent on a task. • Governmental Functions: Matrix Consulting Group has worked with and participated in hundreds of management studies. Additionally, we have extensive experience working with and presenting to various boards, councils, subcommittees, and the public. Our understanding of the multiple types of services provided allows our project teams to assess the best allocation of services. Our team understands how these costs can and should be treated in both a Full Cost Plan and OMB compliant plan, including making staff aware of standard practices and aggressive allocation options. • Internal Services: Matrix Consulting Group has significant experience evaluating services and functions associated with facilities maintenance, fleet services, and information technology. While these services can be part of the general fund or internal services, their allocation is important when understanding the indirect costs associated with any fund, department, or program. • Indirect Cost Rate Proposals: Our firm’s experience with indirect cost rate proposals ranges from developing citywide proposals to departmental and divisional proposals. We look at all indirect costs related to the service and program area, determine if they are allowable, and then set up the indirect cost rate calculation. We are versed in provisional, fixed final, and fixed carry-forward rates based on

STATEMENT OF QUALIFICATIONS
SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 9
the jurisdiction's rate methodology. We work with our clients to review rates, outline appropriate applications, and customize templates based on cognizant agency guidelines.

Our project team members are well versed in Office of Management and Budget (OMB) guidelines for cost allocation, Generally Accepted Accounting Principles (GAAP), and best management practices outlined by the Government Finance Officers Association (GFOA) relating to cost allocation and cost recovery. We are committed to ensuring that all allocated cost centers comply with state and local laws, use fair and equitable allocation metrics, and are documented and defensible.

RECENT COST ALLOCATION PLAN CLIENTS
The following table provides a sampling of California jurisdictions for whom we have provided similar services within the last five (5) years, including the types of services provided to each jurisdiction relevant to the requested scope of services:

Jurisdiction Full Cost OMB Indirect Rates Annual Plan
Adelanto, CA X
Citrus Heights, CA X X
Cupertino, CA X X
Daly City, CA X
Dixon, CA X X
Downey, CA X X
Elk Grove, CA X X X
Fairfield, CA X X
Hercules, CA X X
Livermore, CA X X X
Manhattan Beach, CA X X X
Millbrae, CA X X
Pacific Grove, CA X X
Port of Long Beach, CA X X
Redwood City, CA X X
Sacramento Regional Transit, CA X X X
San Mateo, CA X X X
Santa Clara, CA X X X
South San Francisco, CA X X
Sunnyvale, CA X X X
We are happy to provide additional project details upon request.

FEE STUDY EXPERIENCE
Our firm has extensive experience conducting comprehensive user fee studies for a variety of municipal organizations and departments. When conducting comprehensive user fee studies, the focus is often on Community Development (building, planning, and engineering) and Parks and Recreation services. The following points highlight our experience in these areas:
• Community Development: Our firm has extensive experience evaluating development review permitting functions for Building, Planning, Engineering, and Fire Prevention. From the basic process steps for submitting, reviewing, inspecting, and approving applications and permits to the SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 10
development of processes, procedures, and cost recovery goals, our project teams can address topics such as:
– The best metrics for assessing fees are building valuation, square footage, construction estimate, or the number of fixtures.
– Appropriate deposit amounts, guidelines, and processes to ensure actual cost recovery is achieved.
– Setting fees at levels that both recover costs but are not cost-prohibitive. – Cost recovery and implementation options for support services, including General Plan Updates, Technology Fees, GIS, etc.

Beyond understanding processes and assessing time estimates, our project teams are aware of the cross-departmental support associated with application and permit services. These costs are included in the full cost calculation and can be expressed separately as part of the established fees. • Parks and Recreation: Matrix Consulting Group has worked with every type of recreation function, including traditional parks and recreation, libraries, and open space preserves. Our experience spans master and strategic planning, park condition assessments, program staffing, and cost recovery. Our project teams are well versed in the areas that most impact cost recovery, including:
– The best use of a tiered recovery approach, such as resident versus non-resident, or profit versus non-profit.
– Setting fees according to the cost recovery pyramid to ensure that premium services have a higher cost recovery.

The goal of reviewing parks and recreation costs for service is to ensure that fees and rates are set at a level that allows the City to continue serving the community in a manner consistent with current goals and commitments.

Our firm also has extensive experience calculating the cost of services for administrative functions such as Finance and City Clerk, as well as public safety services related to Police, Fire Prevention, and EMS. All our cost of service and user fee studies are developed in compliance with California State regulations, including Propositions 218 and 26, as well as government codes 66014 and 66016, which stipulate that user fees charged by local agencies “…may not exceed the estimated reasonable cost of providing the service for which the fee is charged”.

RECENT FEE STUDY CLIENTS
The following table includes a sampling of California clients over the last five (5) years for whom we have provided similar scopes of service:

SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 11
Jurisdiction
Planning
Fees
Building
Fees
Engineering
Fees
Fire
Fees
Admin
Fees
Police
Fees
Recreation
Fees
Adelanto, CA X X X X
Capitola, CA X X X X
Citrus Heights, CA X X X X X X
Cupertino, CA X X X X
Dixon, CA X X X X X X
Downey, CA X X X X X X X
Elk Grove, CA X X X
Glendale, CA X X X X X X X
Livermore, CA X X X X
Los Altos Hills, CA X X X X
Manhattan Beach, CA X X X X X X X
Menifee, CA X X X X X X X
Millbrae, CA X X X X X
Mill Valley, CA X X X X X
Montebello, CA X X X X X X X
Orange, CA X X X X X X X
Pacific Grove, CA X X X X X
Redlands, CA X X X X X X
Redwood City, CA X X X X X X X
San Mateo, CA X X X
San Ramon, CA X X X X X
Santa Clara, CA X X X X X X X
South Pasadena, CA X X X X X X
So. San Francisco, CA X X X X X X X
Stockton, CA X X X X
Vacaville, CA X X X X X X
Winters, CA X X X X X X
Details about any project above are available upon request.

DEVELOPMENT IMPACT FEE EXPERIENCE
Matrix Consulting Group has experience conducting a variety of cost of service and nexus-based analyses. An Impact Fee Study's primary focus is to ensure a nexus between the fee being assessed and the impact being observed. Additionally, the fee must comply with AB1600, the Mitigation Fee Act, and the newly enacted AB602. The following points highlight some of our key qualifications as it relates to Impact Fee Studies:
• AB 1600 / AB 602 Technical Expertise: The proposed project team has received training from the Government Finance Officers Association (GFOA) regarding Best Management Practices for Impact Fees. The project team has also conducted comprehensive impact fee studies for police, fire, public works, parks, libraries, and community center-specific and citywide impact Fees to ensure compliance with AB1600 and AB602 requirements.
• Industry Standards: Matrix Consulting Group is aware of the industry standards as they relate to the development and implementation of impact fees, including the creation of two separate fee SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 12
components (cost + admin) as well as the utilization of different cost factors (e.g., sq.ft. vs. equivalent dwelling units).
• Policy Development and Reporting Requirements: The firm has worked with clients to develop specific policies related to impact fees. These policies include the option to update the fees annually using the Construction Cost Index (CCI). They also include the reporting requirements for collecting impact fees in a separate fund and disbursing impact fee funds.

As the points above highlight, the Matrix Consulting Group is familiar with public sector and local government impact fee programs. Our familiarity ranges from conducting the cost analysis to developing and evaluating the policies and procedures behind the impact fee program.

RECENT CALIFORNIA CLIENTS
The table below includes a sampling of California clients over the last five (5) years for whom we have provided similar scopes of service:

Jurisdiction Gen. Govt. Fire Police Parks & Rec TIF Library Other Blythe X
Burlingame X X X X X
Downey X
Los Altos X X X X
Los Altos Hills X
Menifee X X X X X X X
Novato FPD X
Orange X X X X
San Mateo X X X
So. San Francisco X X X X X X
Walnut X
Details about any project above are available upon request.

SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 13
This section of our proposal introduces our project team, its organizational structure, their qualifications, and our approach to each study component, including specific task plans and a proposed project schedule.

PROJECT TEAM
Our proposed project team is comprised of full-time staff of the firm and includes no subcontractors.

Our Principal-in-Charge has been with our firm for nearly twenty years, while our proposed project manager has been with our firm for over ten years. They have been working together as a team on financial services projects for nearly a decade. The following chart outlines the project team structure.

The following points provide an overview of the roles of each of our team members:
• Principal-in-Charge: Will provide general project oversight and technical expertise and oversee client expectations.
• Project Manager: Will lead interviews, financial analysis, policy discussion and development, and provide expertise in reviewing drafts and presenting results. • Analysts: Will facilitate the coordination of data collection, support staff in data development, and populate analytical models.

Our proposed project team will be available to the City throughout the entire engagement. The following table provides summaries of the team's experience, including the types and years of experience, recent clients, and project roles.

Courtney Ramos
Senior Vice President
Principal-in-Charge
Khushboo Ingle
Vice President
Project Manager
Madison Dixson
Senior Consultant
Analyst
Jaymee Westover
Senior Consultant
Analyst
Anna Barnett
Consultant
Analyst

KEY STAFFING, DEVELOPMENT, AND

IMPLEMENTATION APPROACH
SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 14
Courtney Ramos
Senior Vice President
Ms. Ramos is a Senior Vice President and our Financial Services Practice Leader who oversees cost allocation plans, user fees, development impact fees, and cost of service engagements. Courtney's 19 years of experience include analysis focused on the development and documentation of direct and indirect costs, fair and equitable allocation methodologies, and expertise in the development of fiscal policies and procedures relating to cost of service and cost recovery.

Courtney has completed over 300 cost of service studies. Recent California clients include Courtney has completed over 300 cost of service studies, including California clients Cupertino, Daly City, Orange, Menifee, Redwood City, San Bruno, San Mateo, San Ramon, Saratoga, South San Francisco, and Walnut.

She received A.A. degrees in Administration of Justice and Sociology from Santa Barbara City College. She has a Revenue Enhancement Best Practices certification.

Her role on this project would be to serve as the Principal-in-Charge, ensuring timely project deliverables, quality control, and presentation to stakeholders.

Khushboo Ingle
Vice President
Ms. Ingle is a Vice President with 13 years of experience who manages cost allocation plans, user fees, development impact fees, and cost of service engagements. Her experience with the firm includes participation in operational audit engagements focusing on organization, staffing, and internal processes.

Khushboo has completed over 200 cost of service studies. Ms. Ingle has served as the project manager for California clients including Burlingame, Downey, Elk Grove, Menifee, Los Altos, and Los Altos Hills, San Mateo, South San Francisco, Walnut, and West Sacramento.

Khushboo received a B.A. in International Economics and an M.A. in International Affairs from the University of California – San Diego and is certified in Revenue Enhancement Best Practices.

Her role on this project would be to serve as the Project Manager, involved in leading meetings, developing draft results, and reviewing results.

SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 15
Madison Dixon
Senior Consultant
Ms. Dixson is an analyst who assists our senior staff with cost allocation plans, user fees, development impact fees, and cost of service engagements. Madison has participated in numerous cost allocation and cost of service studies.

Madison has been with the firm for three years. California clients include Burlingame, Daly City, Elk Grove, Los Altos Hills, Millbrae, Milpitas, Orange, Menifee, Redwood City, San Mateo, San Ramon, Saratoga, South San Francisco, Sunnyvale, and Walnut.

Madison has a B.A. in Anthropology from the University of California – Irvine. She is also certified in Revenue Enhancement Best Practices.

Her role on this project would be to serve as Senior Analyst, involved in attending meetings, data input, and developing models.

Jaymee Westover
Senior Consultant
Ms. Westover is an analyst who has recently joined our firm and assists our senior staff on cost allocation plans, user fees, development impact fees, and cost of service engagements.

Before working at Matrix Consulting Group, she worked as a Financial Analyst for the City of Knoxville, TN. She has three years of relevant experience, and during her tenure with the firm, she has assisted with fee studies in California for Agoura Hills, Butte County, Malibu, and Paradise.

Jaymee received a B.A. in Political Science and Spanish and an MPPA in Public Policy and Administration from the University of Tennessee, Knoxville.

Her role on this project would be to serve as an Analyst, involved in attending meetings, data input, and developing models.

SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 16
Anna Barnett
Consultant
Ms. Barnett is an analyst who has recently joined our firm to assist our staff on cost-of-service engagements, including cost allocation plans, user fees, and development impact fee studies.

Anna has one year of experience and has recently assisted with projects in Malibu, Thousand Oaks, Rolling Hills Estates, and Burlingame.

Anna has a B.A. in Mathematics with a concentration in Data Science and a BS in Economics from Wofford College in Spartanburg, South Carolina.

Her role on this project would be to serve as an Analyst, involved in attending meetings, data input, and model development.

The full resumes of our proposed principal-in-charge and project manager are on the following pages.

APPROACH
Matrix Consulting Group works with a wide range of clients – over 1,800 counties and cities in over 45 states across the U.S. and Canada. Every project is unique but is managed according to the following essential project approach:

The approach chosen for completing this project allows us to deliberately review and categorize the allowability of indirect costs as well as determine the best and most tangible metrics for allocation.

Understanding City-specific financial data.

Working with staff through meetings and workshops.

Applying industry standards, best management practices, and technical expertise.

Calculating defensible results with buy-in from internal and external stakeholders.

Providing recommendations and transferring knowledge and work products to City staff for successful implementation.

SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 17

QUALITY CONTROL
We believe very strongly in the science of our craft, especially as it relates to cost allocation and cost of service studies. As such, our firm utilizes quality control techniques, which include:
• Project Management: Ensuring our projects meet the needs and timelines of our clients are accomplished through the following:
- The project manager and lead analyst develop general and project-specific data collection plans and interview guides.
- All project work activities are defined in advance and tied to each project team member, as well as deliverables, schedule, and budget.
- We have frequent client review meetings, during which we discuss the quality and direction of the project through interim deliverables and draft documents. • Quantitative Results: Financial analyses are used to develop budgets and projections and often are subject to public oversight and review. For this reason, our firm ensures data-determined quality control through the following:
- Expenditure data entered into cost models are tied to budget documents. - Workload information is tied to published revenue reports/data outputs and used as a crosscheck for time estimation.

These project management approaches have resulted in our projects' high quality, on-time, and withinbudget delivery.

WORK PLAN AND IMPLEMENTATION
The City of San Juan Bautista has a history of evaluating its fees for service and impact fees on a somewhat regular basis, having reviewed Building permits in 2018, a comprehensive fee study and nexus study in 2019, and looking at Planning fees in 2021. The City is now looking to take a comprehensive look at its cost to provide services internally through a cost allocation plan and externally through both a comprehensive user fee study and a development impact fee study. The following outlines the objectives of each of these scopes.

SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 18
Scope of Work STUDY OBJECTIVES
Full Cost Allocation
Plan
Help the City establish a full cost allocation methodology for administrative overhead costs that will properly reimburse the General Fund and estimate anticipated reimbursements.

User Fee Study
Conduct a comprehensive review of the City’s existing fees. Compare service costs with existing recovery levels. Recommend appropriate fees and charges.

Nexus Study for
Development Impact
Fees
Develop a comprehensive nexus study for development impact fees in alignment with state regulations to mitigate impacts to public infrastructure.

The results of this engagement will provide the City with documentation outlining the direct and indirect costs associated with providing services internally and externally and outline options for recovering costs through fees or other mechanisms.

The following subsections outline our proposed project tasks and deliverables associated with developing a cost allocation plan and conducting both a user fee and nexus studies.

PROJECT-WIDE TASKS
Four (4) key tasks would initiate and close out this project. The following tasks are related to both the cost plan and user fee study scopes of work.

TASK 1: DATA COLLECTION
Before any initial meetings, Matrix Consulting Group will provide the City with a list of initial data requirements for the study. This will allow our project team to review this information thoroughly in preparation for initial discussions with staff. A typical list of data collection items includes:
• Budgeted expenditures on a fund, department, and line-item basis. • Copy of any prior studies
• List of all budgeted personnel by fund, department, and division. • Most recently completed Fiscal Year revenue reports
• A list of all current fees being charged will be included in the analysis.

SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 19
• A list of comparative jurisdictions is to be included in the analysis.

The above list is just a sampling of the type of information that will be requested. Providing these items allows our project team to familiarize themselves with the City's structure and current financial practices.

TASK 2: STUDY OBJECTIVES AND PROJECT SCHEDULE
Once the data has been collected, the project team will meet with City staff to discuss issues identified by the project team and to clarify any concerns the City holds regarding the current fee study methodology. Discussions will include:
• Review the City’s specific needs and critical issues surrounding the development and implementation of the cost plan and fee studies.
• Discuss concerns or issues that should be addressed during the development of the study. • Discussions will be held regarding the current fee structure and any potential changes. • Review and identify existing cost recovery policies or established subsidies.

At the conclusion of the meeting, the project team and the designated City staff will better understand the overall approach and methodology the team will use to conduct the Cost Plan and Comprehensive Fee study.

TASK 3: PRESENTATION OF RESULTS
The presentation of results to City officials and/or stakeholders is critical to the success of the overall engagement. Because the study's product is often controversial, this final step aims to present a succinct summary that provides decision-makers with key information.

We will attend and present the study at least three (3) meetings, including those of the City Council, appropriate subcommittees, or outside stakeholders.

TASK RESULT
We will provide the City a data collection list.

TASK RESULT
We will present the City with a project schedule.

TASK RESULT
We will attend City Council and Sub-Committee meetings and present the study to stakeholders.

SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 20
TASK 4: EXCEL-BASED MODEL AND TRAINING
The City wishes to be able to update the final version of the study, including adding, revising, or removing costs or service types. Our technical model would allow the City to adapt and continuously update the study yearly as the organization changes.

While the models are structured in Excel, the technical models are proprietary and for internal use by City staff only. By having our model based on Excel, the requirements for software training, new software products, updates, licensing, or other support would be minimized.

After the final draft of the cost allocation study is approved, the project team will meet with and train designated City employees on how to use the model.

COST ALLOCATION PLAN TASKS
The City seeks to develop a Cost Allocation Plan to capture the indirect costs associated with direct programs and services and an OMB-compliant plan. The results of these plans will provide the city with the direct and indirect costs related to the operations of its services, facilitate the development of fully burdened hourly rates by staff positions, and provide indirect rates that can be used to recover costs associated with state and federal grants.

TASK 1: INTERVIEW STAFF AND GATHER ALLOCATION METRICS
The project team would review San Juan Bautista’s budget and financial structure to identify City departments and services to be allocated. To structure a custom cost allocation model, our project team would perform the following:
• Review and discuss the accounting (fund and organizational levels) structure based on the budgeted expenditures to identify any anomalies from previous years. • Identify and meet specific central services departments to develop allocation bases and ensure that the plan reflects the following aspects:
• All current services the City provides are identified and documented within the Cost Allocation Plan. • The allocation bases discussed for use reflect the current level of effort and are most relatable to the service being performed.

The following is a sample flowchart visually representing the discussion outcome; the first level is the central services department, the second level is the identified service category, and the third level is the basis by which costs will be allocated:

TASK RESULT
Model, backup documentation, and user guide.

SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 21
• Discuss alternative allocations, including outcomes and potential impacts.

The points above provide examples of detailed and in-depth discussions that the project team will have with City departments involved in the cost allocation process. At this point, the team would contact each department and ask for specific allocation metrics, such as purchase orders, invoices, and sq. ft. per facility.

TASK 2: REVIEW OF DRAFT COST ALLOCATION PLAN METRICS
Based on the units of service identified in Task 1 and the allocation metrics collected, the project team would put together allocation statistic workbooks for review with specific central service departments.

The purpose of these workbooks is to review the initial results of the allocation metrics gathered by the project team. The following graphic shows an example of the allocation workbook:

Fund Dept Desc
# of AR Transactions per
Fund/Dept Allocation %
1 10 City Manager 3 0.87%
1 16 Human Resources 30 8.75%
1 20 City Attorney 30 8.75%
1 30 Police 68 19.83%
1 35 Fire 1 0.29%
1 40 Development Services 7 2.04%
1 50 Public Works Streets 5 1.46%
1 50 Public Works Facilities 1 0.29%
1 50 Community Services 185 53.94%
10 Water 1 0.29%
14 Sewer 8 2.33%
29 Self-Insured Liability Fund 4 1.17%
TOTAL 343 100.00%
Finance
Payroll
# of Employees
per Division
Accounts
Payable
# of Invoices
per Division
Financial
Reporting
Actual
Expenses per
Division

TASK RESULT
Allocation metric requests from support departments.

SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 22
In the sample graphic provided, based on the number of AR Transactions per fund/department, the primary support is for Community Services (54%) for all the Parks and Recreation transactions, followed by Police (20%). Based on the results of this sample, the project team would verify with Finance that the statistics were allocated to the appropriate fund/department, and that the resulting percentage reflects the support being provided by the Accounts Receivable staff and function.

This type of detailed review is critical for developing a defensible cost allocation plan. It also ensures that departmental and San Juan Bautista staff are comfortable using the allocation metrics and the support they represent.

TASK 3: STRUCTURE AND PREPARE A DRAFT FULL COST ALLOCATION PLAN Once the central service departments and administrative functional areas have agreed upon the appropriate allocation metrics for services and allowable administrative or other indirect costs, they are allocated to each benefiting department, operating unit, or fund.

At this point the project team would begin customizing the Cost Plan to ensure methodologies and assumptions comply with Federal regulations and general accounting principles.

During the development of the cost allocation plan, the project team will ensure that any expenses included in the plan are vetted and reviewed with Finance staff and incorporate any direct reimbursements. The draft cost allocation plan results will be provided to staff in numerical format in Excel before developing a draft report.

TASK 4: FINALIZE COST ALLOCATION PLAN
The project team will finalize the Cost Allocation Plan and report upon review and approval of the draft cost plan by central service departments and the Finance Department. The final deliverables associated with the Cost Allocation Plan will be:
• Cost allocation plan report: This report includes all detailed allocation schedules, cost schedules, summary schedules, and narrative information regarding the central services included. • Excel summary schedule: The full cost allocation plan results are in Excel format for ease of calculation, incorporation into city documents, and staff review.

TASK RESULT
Draft cost allocation (Excel results).

TASK RESULT
Draft allocation workbooks.

SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 23
This type of final work product ensures that information is available in various formats for City staff. The detailed report serves as backup documentation, whereas the Excel results can be input into budget documents.

TASK 5: STRUCTURE AND PREPARE DRAFT OMB COMPLIANT ALLOCATION PLAN Once the Full Cost Allocation Plan has been completed, the project team will begin developing and customizing the OMB Cost Plan to ensure methodologies and assumptions comply with Federal regulations and general accounting principles.

The OMB Compliant Cost Allocation Plan has the following key requirements:
• Expenditures Allocated: The OMB 2 CFR Part 200 must be based upon the most recent fiscal year’s audited actual spending.
• Types of Services Included: Services such as lobbying, legislative costs, and certain Treasurer costs cannot be included in the OMB 2 CFR Part 200 plan.

The draft 2 CFR Part 200 Cost Allocation Plan will provide clear documentation regarding the basis for allocations and the methodologies applied to achieve the plan’s final result. The Draft OMB Cost Allocation Plan will be discussed and reviewed with each participating department and Fremont staff to ensure appropriate metrics and expenditures have been included.

TASK 6: FINALIZE OMB PLAN
Any revisions or edits from the draft cost allocation study would be incorporated into the Final Cost Allocation study report, which would be presented to the City as deemed appropriate.

TASK RESULT
Final cost allocation report.

TASK RESULT
Draft OMB cost allocation (Excel results).

TASK RESULT
Final OMB cost allocation report.

SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 24

COMPREHENSIVE USER FEE STUDY TASKS
The City seeks a comprehensive fee study to align fees with current services and costs and ensure compliance with existing state rules and regulations. The following tasks provide an overview of the level of detail utilized in the study.

TASK 1: DEVELOP A SCHEDULE OF CURRENT AND POTENTIAL FEES FOR SERVICE The scope of this effort will be all user fees charged by the City. Current and potential fees and charges will be identified and documented. The project team will work with staff to go through current fee schedules in line-item by line-item detail. This meeting is critical in ensuring staff can incorporate any updates or changes to the fee study based on code, regulation, staffing, process, or technological changes. The focus of this meeting will be the following:
• Renaming fees: Rewording or renaming fees to identify services more clearly. • Eliminating fees: Removing any outdated services or fees. • Adding new fees: Capturing any new services or breaking out existing fee categories to identify all the services being provided and potential fees for services that could be provided. • Recategorization of fees: Collapsing or expanding multiple fee ranges to capture better the services being provided.

It is important to note that this meeting occurs first to ensure that any major proposed structural changes are captured before collecting time estimate information or developing draft fee results.

However, adjustments can be made.

TASK 2: CONDUCT TIME DATA GATHERING WORKSHOPS
The project team will conduct workshops to gather time estimates for each service included in the study, interview key fire personnel, and analyze the various activities being performed. The flowchart shows an example of the steps involved in permit processing and the time associated with each step.

Intake
Permit Tech:
15 mins
Routing
Permit Tech:
10 mins
Initial Review
Plan Checker:
1 hour
Final Review
Plan Checker:
30 mins
Issue Permit
Permit Tech:
15 mins

TASK RESULT
Our team will develop a proposed fee structure.

SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 25
As the flowchart shows, the application/permit processing steps will be documented in detail. The project team will minimize staff impacts by incorporating assumptions from prior studies. Staff will be provided time to edit or comment on time estimate information.

TASK 3: DEVELOP FULLY BURDENED HOURLY RATES
Based on the City's staffing and budget information, the project team will calculate fully burdened hourly rates, including direct and indirect costs. The following points highlight the cost components and factors included in fully burdened rates:
• Direct costs: This component accounts for the salary and benefits associated with each employee or position and is reflected in City staffing and salary reports. • Indirect costs—departmental: This component accounts for administrative and management support provided to line-level staff, operational services, and supplies used to execute job duties. It is developed through staff interviews and budget analysis. • Indirect costs—citywide: This component accounts for districtwide support, such as Finance and HR support provided by other departments or staff. If no indirect rate is available, the project team will calculate one.

Once the cost components have been documented and developed, the project team will review MOUs and discuss them with staff to determine appropriate productive hour calculations. Focusing on available hours will ensure that fully burdened hourly rates account for leave accruals (holiday, vacation, and sick) and any meetings or training. The project team will utilize the results of this task and Task 4 to calculate the full cost of services.

TASK 4: PERFORM A TOTAL COST ANALYSIS
Matrix Consulting Group's costing model is built based on the City's operations, budget detail and intended uses for the results. This method is a customized approach specific to each jurisdiction for cost analysis of user fee services. It is a "bottom-up" approach, the most defensible methodology for calculating user fees. The methodology incorporates the time estimate information and fully burdened hourly rate information. The following graphic shows the cost calculation:

TASK RESULT
We will create time estimate workbooks.

TASK RESULT
Calculated fully burdened hourly rates.

SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 26
This costing method uses time and annual activity data to establish the cost of providing services on a unit and annual basis. Once the time spent on a fee activity is determined for each individual or position, the team uses its fee and rate software to apply the fully burdened hourly rates from the previous task.

The resulting costs are presented on a unit and annual level and compared to the existing fee schedule and revenue reports. The City will obtain detailed information regarding cost recovery surpluses and deficits on both a detailed (per unit) and global (annualized) level, as well as an understanding of cost components for each service.

TASK 5: CONDUCT A MARKET RATE SURVEY OF SIMILAR JURISDICTIONS The project team will work with the City to identify other cities in central coast counties or other regionally appropriate jurisdictions. This comparative survey activity will be conducted utilizing the following:
• Developing fee scenarios for the City to be compared to other jurisdictions. • Graphing the results of the fee analysis for easy visual comparison purposes. • Collecting contextual information such as population size, budget, staffing, last time fee study was done, and last fee schedule update.

As market surveys do not provide adequate or objective information about the relationship between a jurisdiction's costs and fees, these steps ensure we provide the City with the most information possible.

TASK 5: REVIEW/REVISE FEE STUDY RESULTS
Because the analysis of service fees is based on estimates and information provided by City staff, all participants must be comfortable with our methodology and the data they have provided. Once the department agrees that the analysis reflects the reasonable service costs, City management can review the results.

Time
Estimate
Fully
Burdened
Rate
Full Cost
Fee

TASK RESULT
Per unit and annual fee study results.

TASK RESULT
Comparative graphs included in the draft report.

SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 27
At this point, the project team will provide City staff with Recommended Fee Workbooks. The Recommended Fee Workbooks will provide departments/divisions with the fee study results in Excel.

The following shows an example of the workbook:

Current - Per Unit Results
Fee Title Current Fee Total Cost
Surplus/(Deficit)
Per Unit
Cost Recovery
%
Lot Line Adjustment $900 $1,557 ($657) 58%
Temporary Use Permit $40 $325 ($285) 12%
Recommended Fee
Fee Title
Recommended
Fee
$ Change to
Recommended
Fee
% Change to
Recommended
Fee
Recommende
d Fee Cost
Recovery %
Lot Line Adjustment $1,200 $300 33% 77%
Temporary Use Permit $100 $60 150% 31%
Recommended Fee Annual
Fee Title Workload
Revenue at
Current Fee
Revenue at
Recommended
Fee
Potential
Change in
Revenue
Lot Line Adjustment 4 $3,600 $4,800 $1,200
Temporary Use Permit 60 $2,400 $6,000 $3,600
TOTAL $6,000 $10,800 $4,800
As the chart indicates, the recommended fee workbook allows the City to input information into the Recommended Fee column and see its impacts, such as the dollar increase, percentage increase, and what percentage of their current costs they will recover. Additionally, the workbook allows the City to calculate potential increases or declines in revenue because of the recommended fees.

TASK 6: PREPARE A DRAFT FEE STUDY REPORT
Upon conclusion of the fee study, we will prepare a detailed report summarizing the results of each of the previous work tasks described above. This report will include:
• A succinct executive summary discussing the study, methodology, and the results. • A narrative describing the services included in the study. • A section on proposed modifications to the current fee schedule, including removal or addition of new fees for service.
• The analysis includes a section on each fee's per-unit and annual results and where workload data is available.

TASK RESULT
Recommended fee workbooks.

SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 28
• A comparative survey section outlines key fees and compares them to those of other local jurisdictions. The section also provides contextual information regarding budget, staffing, and the date the jurisdiction last conducted fee studies.

The draft report will be provided to City staff for review and comments.

TASK 7: FINALIZE FEE STUDY REPORT
Any edits or revisions to the draft user fee study report will be incorporated into the finalized report. This finalized report will include all the draft fee study report elements and any additional cost recovery and policy considerations.

NEXUS STUDY FOR DEVELOPMENT IMPACT FEES
The City is looking to re-evaluate its Development Impact Fees to ensure compliance with the Mitigation Fee Act (AB1600 and AB602) and appropriately account for impacts on City infrastructure. The following tasks describe our project team's approach, along with a brief narrative and expected deliverables associated with each task.

TASK 1: REVIEW OF IMPACT FEES
This task aims to understand the City’s proposed impact fee structure, projected growth levels, and any future developments that will impact that population growth. During this phase, the project team will document the following:
• Name of Impact Fee
• Municipal Ordinance / Resolution authorizing the fee
• Capital or Master Plan to support the fee
• Purpose of the fee

TASK RESULT
The draft report will be provided to City staff for comments.

TASK RESULT
We will develop a final fee study report.

SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 29
This documentation will be critical to ensuring that any updates to the Impact fee program comply with AB1600 and AB602. It will also be the basis for the project team’s discussion with city staff on the next steps for evaluating impact fees.

TASK 2: PROJECTED POPULATION GROWTH AND FACILITY NEEDS
The key component of any impact fee analysis is determining the proportionality and nexus based on projected development. During this task, the project team will conduct research based on City and regional growth projections.

The project team would review the City’s current infrastructure inventory and determine if additional equipment or new facilities are needed based on future population projections. The team will also meet with staff to identify master plans during the creation/development of impact fees. This will require meeting with relevant City department staff to review all equipment and identify these items' quantity and cost estimates.

Impact fees cannot enhance existing service levels; they can only maintain current service levels. During this task, the project team will ensure that any new facilities or equipment identified are directly correlated to population increases for defensibility purposes.

TASK 3: DRAFT IMPACT FEE ANALYSIS
The most significant proportion of the impact fee analysis is the growth and facilities projection. Once that task is completed and a nexus can be established that is based on the City's adopted master plans, the project team will work on calculating the draft impact fees. There are two components to calculating impact fees: the total cost of facilities and their cost basis. The following points describe these components:
• Total Cost of the Facilities/Infrastructure: There are three different sub-components that comprise the maximum cost of the facilities that can be used for the calculation of impact fees:
cost of facilities/infrastructure, administrative cost, and offsetting credits/revenues. • Cost Basis: Several cost bases, such as population, housing units, and workload, can be used to calculate impact fees.

TASK RESULT
We will develop a current impact fees memo.

TASK RESULT
We will create an infrastructure spreadsheet by service area.

SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 30
The project team will calculate the draft impact fees based on data provided by the City, appropriate and preferred cost bases, and State law. The team will then meet with City staff to review these draft impact fees based on land use type and demonstrate compliance with all legal regulations (AB1600 and AB602).

TASK 4: COMPARATIVE IMPACT FEE SURVEY
The project team will compare the current and total cost of impact fees in cities in the central coast. This comparison will be conducted based on construction project types (e.g., new single-family homes, new hotels, new multi-families, etc.). The use of construction scenarios provides City staff with a clearer comparison of the impact of the fee on future development.

TASK 5: DRAFT IMPACT FEE REPORT
The draft impact fee results and comparative survey will be incorporated into a draft impact fee report, which will have the following components:
• Executive Summary: Provide a brief overview of the background of the scope, the overall methodology, the results of the analysis, and the implementation guidelines (including future fee increases).
• Legal Framework: This will outline the current legal requirements for impact fees and how the proposed impact fee will meet these requirements.
• Growth Projections: This section of the report outlines the growth projections. • Impact Fee Analysis: This section demonstrates the calculation used to derive the total cost of the impact fees.
• Comparative Survey: This section outlines how the City’s calculated and recommended fees compare to other jurisdictions.

These components will result in a consolidated draft report distributed to City staff for review. It will be required to be reviewed by all departments to ensure that assumptions are presented accurately.

TASK RESULT
We will provide draft impact fee per unit results.

TASK RESULT
We will review and present comparative survey results.

TASK RESULT
We will prepare a draft impact fee report.

SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 31
TASK 6: FINAL IMPACT FEE REPORT
Based on the City staff's comments, the project team will revise the final report to ensure all comments and concerns are captured. This final report will be the basis for presentations to internal and external stakeholders.

TASK 7: DELIVERY OF IMPACT FEE BACKUP DOCUMENTATION
Unlike other cost of services analyses, the components of an impact fee should not be updated annually, as it is primarily based upon population projections and timeframes associated with the replacement of existing facility and equipment inventory and/or acquiring new facilities or inventory.

When discussing the draft impact fee results with staff, the project team will share the initial Excel workbook showing calculations. At the conclusion of the study, the project team will provide the City with a backup workbook showing all calculations. In this workbook, the project team would also set up a template allowing the City to update its impact fees based on a cost factor. The industry standard for updating impact fees is based on the construction cost index (CCI). This standard is used as the costs for impact fees are based upon infrastructure rather than labor or material costs.

TIMELINE
Studies of this nature typically take approximately six (6) months (24 weeks) to complete. The following table outlines our proposed project schedule on a task-by-task basis for each scope of work.

Tasks 1 2 3 4 5 6 6+
Project-Wide
Data Collection
Study Objectives/Schedule
Stakeholder Presentations
Excel-Model and Training

TASK RESULT
We will create the final report.

TASK RESULT
We will provide all backup documentation, including Excel workbooks.

SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 32
Tasks 1 2 3 4 5 6 6+
Cost Allocation Plan
Interview Staff/Gather Metrics
Review Draft Metrics
Structure/Prepare Draft CAP
Finalize Cost Allocation Plan
Draft OMB Plan
Final OMB Plan
User Fee Study
Current and Potential Fees
Data Gathering Workshops
Fully Burdened Hr. Rates
Total Cost Analysis
Comparative Survey
Review/Revise Results
Draft Report
Final Report
Nexus Study for Development Impact Fees
Review Impact Fees
Projected Growth and Needs
Draft Impact Fee Analysis
Comparative Survey
Draft Impact Fee Report
Final Impact Fee Report
Backup Documentation
If the City’s goal is to implement fees beginning January 1, 2026, the project would need to start no later than May 1, 2025, to allow for the above project schedule and appropriate noticing requirements.

CITY STAFF SUPPORT
We envision a close working relationship with the City throughout the project. We place a strong emphasis on transparency and robust communication. Meticulously reviewing all information and SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 33
metrics is our standard practice, primarily focusing on verifying inputs before arriving at any final decisions. While we will do our best to minimize impacts on City staff, for example, by taking responsibility for data gathering and cleanup, we are committed to reviewing and verifying the data outcomes. This commitment to precision establishes a foundation of data integrity and trust. This approach ensures that our joint efforts consistently yield effective results and outcomes that will benefit the City.

To ensure these effective outcomes, we will set up bi-weekly (every 2 weeks) updates with the City.

These updates can be in the form of a brief meeting or a summary status email that outlines the work completed to date, the current tasks being performed, and any future tasks. These communications allow us to keep the City informed of any hurdles in completing the project and allow staff to provide input on any key findings from the fee study analysis.

SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 34
Matrix Consulting Group believes in a collaborative process and bringing city staff along the way in the development of the fee study. Our process begins at project kickoff, continues through the interview and draft results phase, and includes post-project support. The following points highlight how we will work with city staff to help educate them about the study process, understanding of results, and implementation options:
v Project Kickoff: We will provide staff with an overview of why conducting the study is important (cost plan, user fee, or nexus), the project timeline, and expectations regarding staff time and resources.
v Staff Interviews: we will work with staff to break down processes associated with services provided, including reviews, inspections, or other transactional procedures. This will ensure that accurate service and time assumptions are developed and facilitate staff understanding of the processes and services associated with each function, permit, or application. v Draft Results: once draft results have been developed, the project team will work with staff to understand each costing component included (i.e., direct salaries and benefits, departmental overhead, and citywide overhead), allocation assumption, and how time assumptions impact overall costs.
v Presentation of Results: the project team will work with staff to help educate internal and external stakeholders regarding the study results, the methodologies used, and any legal restrictions that need to be adhered to.
v Implementation Options: the project team will work with staff to develop options for implementing council-approved fees, including the development of annual update factors.

While the above support is provided during the project, our team will remain available to the City staff well after project completion to answer questions about the study, provide guidance on annual updates, or help new staff get acquainted with the study.

TRAINING
SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 35
Matrix Consulting Group is committed to helping our clients develop accurate and defensible cost-ofservice methodologies and ensure that they can appropriately implement the results of these studies.

Our project team will work with City staff to facilitate an understanding of the results and how to incorporate them into final materials.

Our client support continues after a final report has been issued. We understand that questions can arise well after project completion and are committed to working with our clients to answer any questions about methodologies and applications of results. This support is provided to our clients at no extra cost.

ONGOING SUPPORT
SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 36
The following chart provides information for three recent clients for whom we have provided similar services.

Client Study Type(s) Contact Information
San Mateo, CA
FY23 – FY24
Full Cost Allocation Plan
Dev. Services Fee Study
Impact Fee Study
Christina Horrisberger
Community Development Director
(650) 522-7209
[email protected]
South San
Francisco, CA
FY20 and FY23
Cost Allocation Plan
OMB Compliant Cost Plan
User Fee Study
Impact Fee Study
Jason Wong
Deputy Director of Finance
(650) 877-8505
[email protected]
Menifee, CA
FY21-FY22
Full Cost Allocation Plan
Impact Fee Study
Citywide User Fee Study
Margarita Cornejo
Financial Services Manager
(951) 723-3716
[email protected]
We would be happy to provide additional references upon request.

REFERENCES
SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 37
Matrix Consulting Group proposes to conduct a Full Cost plan, User Fee study, and Development Impact Fee study for the City of San Juan Bautista for a fixed fee of $95,900. The following table provides our proposed cost to conduct the study, listing the time allocations and hourly rate for each staff category:

Task
Principle in
Charge
Project
Manager
Analysts
(3)
Total
Cost
Project-wide
Data Collection 0 2 4 $1,100
Study Objectives/Schedule 4 4 0 $2,200
Stakeholder Presentations 8 10 0 $4,900
Excel-Model and Training 0 8 12 $3,800
Subtotal Project Wide 12 24 16 $12,000
Cost Allocation Plan
Interview Staff/Gather Metrics 0 4 6 $1,900
Review Draft Metrics 0 6 8 $2,700
Structure/Prepare Draft CAP 0 2 16 $2,900
Finalize Full Cost Plan 2 2 4 $1,700
Draft OMB Plan 0 4 12 $2,800
Final OMB Plan 2 2 6 $2,000
Subtotal Cost Plans 4 20 52 $14,000
User Fee Study
Current and Potential Fees 0 4 8 $2,200
Data Gathering Workshops 0 8 16 $4,400
Fully Burdened Hr. Rates 0 6 12 $3,300
Total Cost Analysis 2 8 20 $5,600
Comparative Survey 0 2 16 $2,900
Review/Revise Results 0 8 24 $5,600
Draft Report 2 4 18 $4,300
Final Report 2 2 10 $2,600
Subtotal User Fee Study 6 42 124 $30,900

PRICING
SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 38
Task
Principle in
Charge
Project
Manager
Analysts
(3)
Total
Cost
Development Impact Fees
Review of Impact Fees 2 4 12 $3,400
Projected Growth and Needs 4 10 16 $6,100
Draft Fee Analysis 4 12 24 $7,800
Comparative Survey 0 2 16 $2,900
Draft Report 10 16 30 $11,500
Final report 4 8 16 $5,600
Backup Documentation 0 2 8 $1,700
Subtotal Impact Fees 24 54 122 $39,000
Total Hours 46 140 314
Hourly Rate $300 $250 $150
Total Professional Fees $13,800 $35,000 $47,100 $95,900 Project Expenses $0
Total Project Cost $95,900
This cost is all-inclusive and is a fixed fee for any costs that may occur. Our typical practice is to bill for hours worked monthly up to the contract amount.

Q&A BUDGET ACKNOWLEDGEMENT
We acknowledge the City’s stated project budget range of $50,000 to $70,000 as noted in the recently released Q&A. While our proposed fee of $95,900 exceeds this range, we believe it reflects the level of effort, expertise, and resources needed to deliver a thorough, accurate, and actionable study that meets the City’s objectives. However, we are open to discussing the scope and approach with the City to explore potential adjustments that align more closely with the available budget, while still ensuring a meaningful outcome.

SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 39
We have reviewed the City’s standard contract, which is included in Section 6 of the RFP. We do not take any exceptions to the standard contract.

PROPOSED LEGAL AGREEMENT
SAN JUAN BAUTISTA – PROPOSAL FOR COMPREHENSIVE FEE STUDY, NEXUS STUDY, AND FEE SCHEDULE UPDATE MATRIX CONSULTING GROUP 40

DEVELOPMENT IMPACT FEE SAMPLE
The following link provides a copy of a recent Nexus report provided to the City of Menifee. https://drive.google.com/file/d/1m_f9bf7FB9w-aZJ_sDiEifd1PWZ-ovmy/view?usp=sharing

ONGOING TRAINING MATERIALS
Our clients receive ongoing support through phone calls, emails, and video conferencing, which allows us to provide practical support rather than templated materials that may not address their needs.

COMPLEMENTARY SERVICES
As noted in the Company Background section of our proposal, our firm provides a wide variety of services to local governments. Of the services we provide, the most complementary would be our operational, process, and staffing assessments relating to development services. Cost of service (user fee) studies determine how and where to set fees to recover costs associated with current service levels; they do not evaluate whether current service levels are appropriate for the community or aligned with City Council goals.

We have worked with several clients to conduct an operational analysis and a cost-of-service study. This allows us to highlight areas where our clients can improve service, adjust staffing, and implement process improvements, all of which can impact the cost of service. Once these improvements have been developed, our project team will be able to highlight cost differentials between current service levels and processes and proposed levels, sometimes resulting in reduced costs for applicants.

We would be happy to discuss our experience further, including how these services could benefit the City of San Juan Batista.

ADDITIONAL INFORMATION
Item No. 7.G
City Council Meeting
September 16, 2025
Page | 1

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 16, 2025
DEPARTMENT: PUBLIC WORKS/ENGINEERING
FROM: ASHLEY COLLICK, CITY MANAGER
BY: JERRY SANGUINETTI, CITY ENGINEER
TITLE: WASTEWATER SYSTEM OPERATOR SERVICES AGREEMENT
WITH CYPRESS WATER SERVICES, INC. (INTERIM WWTP /

CONVEYANCE COMPLIANCE & OPERATIONS SUPPORT)
RECOMMENDED MOTION:

Approve a Resolution Approving the Interim Wastewater System Operator Services Agreement with Cypress Water Services, Inc., authorizing the City Manager to execute the Agreement in a form approved by the City Attorney, and approving a not-to-exceed annual amount of $134,700; and authorize the City Manager to make minor, non-substantive amendments as needed to carry out the scope of services.

EXECUTIVE SUMMARY:

The City has taken its wastewater treatment plant (WWTP) offline and is currently conveying wastewater to the City of Hollister for treatment and disposal. Until the City's NPDES permit is formally terminated by the Regional Water Quality Control Board, the City must maintain an Operator of Record, ensure regulatory reporting, and keep the offline WWTP and pump station in a state of operational readiness. The proposed Agreement with Cypress Water Services, Inc. establishes interim operations, compliance oversight, pump station operations, and emergency response, for a 12‑month term, not‑to‑exceed $134,700.

BACKGROUND:

In 2019 inspections by U.S. EPA and the Regional Water Board documented multiple Clean Water Act violations at the City’s wastewater treatment plant (WWTP), leading to an EPA settlement in 2020 for effluent exceedances (primarily chlorides/sodium) and related O&M issues.

In 2022, the Central Coast Water Board issued an administrative civil liability order/settlement of $870,000 covering 327 alleged violations, with funding directed toward the City’s conveyance solution.

Item No. 7.G
City Council Meeting
September 16, 2025
Page | 2
The City’s selected long-term remedy is to decommission the existing SBR pond plant (retain as emergency storage), construct a new pump station, and convey wastewater via a ~10-inch HDPE force main to the Hollister WWTP for treatment and disposal, as described in the City’s USDA Letter of Conditions and project materials. While transition work proceeds, the facility remains under NPDES Permit CA0047902, so compliance and reporting obligations continue until the Regional Board formally terminates the permit.

USDA financing conditions require the City to have core system policies/O&M provisions in place and to finalize a sewage treatment contract (with Hollister) prior to advertising or closing; USDA Letters of Conditions commonly also require evidence that a certified operator will be available before the system becomes operational. In parallel, California law prohibits operating a wastewater treatment plant without a State-certified operator.

Accordingly, an interim Operator Services Agreement ensures the City maintains an Operator of Record to meet ongoing NPDES reporting/readiness, operate the new pump station and force main, coordinate with Hollister, and remain prepared for any emergency reactivation until permit closure.

DISCUSSION:

Scope of Services. Under the Agreement, Cypress Water Services, Inc. will:
 Serve as Certified Operator of Record and maintain permit compliance, including regulatory reports (MMRs/SMRs), CIWQS uploads, and sampling if the WWTP is temporarily reactivated;
 Provide oversight and facility readiness for the offline WWTP, maintaining operational readiness of critical equipment;
 Operate and maintain the City's new forcemain pump station, including inspections, preventive maintenance, and emergency response;
 Assist with Sanitary Sewer Management Plan (SSMP) implementation and reporting under State Water Resources Control Board requirements;  Provide industrial user oversight, including inspections, review of self‑monitoring reports, sampling coordination, and enforcement support;  Monitor compliance with conveyance agreements with the City of Hollister and advise on risks or compliance issues;
 Provide 24/7 emergency response for spills, pump station failures, or unexpected WWTP reactivation;
Item No. 7.G
City Council Meeting
September 16, 2025
Page | 3
 Serve as regulatory interface and provide monthly oversight and compliance reports to the City.

Term & Compensation.

The Agreement commences September 1, 2025, for twelve (12) months, with option to extend by mutual agreement. Compensation is a fixed annual not‑to‑exceed amount of $134,700. The Agreement includes standard insurance, indemnification, independent contractor status, recordkeeping/audit access, and termination for convenience (30 days) or cause.

USDA/CWEA Certification
Consistent with USDA requirements for the City's project financing, the Chief Plant Operator or designated Supervisor overseeing the force main and collection system must possess and maintain a valid CWEA Collection System Maintenance Certification at the appropriate grade level. Proof of certification will be required before contract execution or staff assignment.

FISCAL IMPACT:

Item Amount
Annual Not-to-Exceed (NTE) $134,700.00
Estimated Monthly Equivalent
(informational)
$11,225.00
Funding Source Wastewater Enterprise Fund 46
Budgeted Yes
Total Authorization Requested $134,700.00
ATTACHMENTS:

1. Resolution

2. Services Agreement
Page | 1
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA

APPROVING THE INTERIM WASTEWATER SYSTEM OPERATOR SERVICES AGREEMENT WITH CYPRESS WATER SERVICES, INC., AUTHORIZING EXECUTION OF THE AGREEMENT, AND APPROVING A NOT‑TO‑EXCEED ANNUAL AMOUNT OF $134,700
WHEREAS, the City of San Juan Bautista has taken its wastewater treatment plant (WWTP) offline and is conveying wastewater to the City of Hollister for treatment and disposal; and
WHEREAS, the City remains obligated under its NPDES permit until the permit is formally terminated by the Regional Water Quality Control Board, requiring an Operator of Record, ongoing reporting, and operational readiness; and WHEREAS, the City requires interim professional services to provide compliance oversight, pump station operations, SSMP support, industrial user oversight, emergency response, and regulatory interface; and
WHEREAS, the United States Department of Agriculture requires that operations personnel responsible for collection system maintenance hold a valid CWEA Collection System Maintenance Certification, which requirement is incorporated into the Agreement; and WHEREAS, Cypress Water Services, Inc. is qualified and willing to provide such services, and the City Council desires to approve the Agreement for a term commencing September 1, 2025;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Juan Bautista approves the Interim Wastewater System Operator Services Agreement with Cypress Water Services, Inc., for a twelve (12) month term commencing September 1, 2025, in a not‑to‑exceed annual amount of $134,700; authorizes the City Manager to execute the Agreement in a form approved by the City Attorney and to make minor, non‑substantive amendments; and directs staff to implement the Agreement, including verification of required certifications and insurance.

1. That the recitals in this Resolution and accompanying staff report are true and correct and are hereby made a part of this Resolution.

2. Authorizes the City Manager to make minor changes that may be necessary to implement the intent of this Resolution and to execute the necessary Agreement(s) with Cypress Water Services, Inc. for a term of at least one year.

PASSED AND APPROVED by the City Council of the City of San Juan Bautista at a regular meeting held on the 16th day of September 2025, by the following vote:

AYES:

Page | 2
NOES:

ABSENT:

ABSTAIN:

APPROVED:
___________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________
Elizabeth Soto, City Clerk
Page | 1 Wastewater System Operator Services Agreement

WASTEWATER SYSTEM OPERATOR SERVICES AGREEMENT
City of San Juan Bautista & Cypress Water Services, Inc.

1. Parties
This Interim Wastewater System Operator Services Agreement (“Agreement”) is entered into on September 1, 2025, by and between the City of San Juan Bautista (“City”) and Cypress Water Services, Inc. (“Contractor”).

2. Purpose
The City of San Juan Bautista has taken its wastewater treatment plant (“WWTP”) offline and is currently conveying wastewater to the City of Hollister for treatment and disposal. The City remains obligated under its NPDES permit until the permit is formally terminated by the Regional Water Quality Control Board.

The purpose of this Agreement is to establish the scope of interim operations, compliance oversight, and support services to be provided by Contractor to ensure continued regulatory compliance, facility oversight, and emergency preparedness until the NPDES permit is closed.

3. Term
This Agreement shall commence on September 1, 2025, and remain in effect for twelve (12) months, unless earlier terminated in accordance with Section 10. The Agreement may be extended by mutual written agreement.

4. Scope of Services
A. Permit Compliance - Serve as Certified Operator of Record until the NPDES permit is formally closed. Perform all compliance sampling if the WWTP is temporarily reactivated. Generate and submit all required regulatory reports (MMRs, SMRs, CIWQS uploads, etc.).

B. Oversight & Facility Readiness - Conduct routine inspections of the offline WWTP facility to ensure environmental and operational integrity. Maintain operational readiness of critical equipment in case emergency reactivation is required.

C. Pump Station Operations - Operate and maintain the City’s new forcemain pump station, including inspections, preventive maintenance, and emergency response.

D. Sanitary Sewer Management Plan (SSMP) - Assist the City in the creation, implementation, and operation of SSMPs, as required under the State Water Resources Control Board’s General Waste Discharge Requirements. Support ongoing audits, updates, and reporting obligations.

E. Industrial User Oversight - Oversee interface and compliance of the City’s industrial users under the NPDES permit and pretreatment program. Conduct inspections, review self-monitoring reports, coordinate sampling, and support enforcement actions.

Page | 2 Wastewater System Operator Services Agreement
F. Conveyance Agreement Compliance - Work closely with the City of Hollister to ensure compliance with all agreements governing wastewater conveyance. Monitor operational and reporting obligations under interagency agreements. Advise the City of San Juan Bautista of risks or compliance issues.

G. Emergency Response - Provide 24/7 emergency coverage for spills, pump station failures, or unexpected WWTP reactivation.

H. Regulatory Interface - Serve as point of contact with regulatory agencies. Attend inspections, coordinate with City staff, and advise on closure milestones.

I. Reporting - Provide monthly oversight and compliance reports to the City. Submit additional updates as requested by City staff or regulators. Continue to maintain NPDES reporting requirements until directed by the State Water Resources Control Board or other regulatory agency.

5. Compensation
The City shall pay Contractor a fixed annual fee not to exceed $134,700 for the services described herein.

6. Insurance
Contractor shall maintain general liability, auto liability, workers’ compensation, and professional liability insurance in amounts acceptable to the City and provide certificates of insurance upon request.

7. Indemnification
Contractor shall indemnify, defend, and hold harmless the City, its officers, employees, and agents from and against any claims, damages, or liabilities arising from Contractor’s negligent acts, errors, or omissions in the performance of this Agreement.

8. Independent Contractor
Contractor is an independent contractor and not an employee of the City. Contractor shall be solely responsible for wages, benefits, and supervision of its employees.

9. Technical Certifications -USDA Requirement
The United States Department of Agriculture (USDA) requires that operations personnel responsible for collection system maintenance hold a valid Collection System Maintenance Certification issued by the California Water Environment Association (CWEA).

To comply with this federal requirement and satisfy the USDA loan closing conditions, the City of San Juan Bautista requires that the Chief Plant Operator (CPO) or designated Supervisor responsible for oversight of the wastewater force main and collection system possess and maintain a valid CWEA Collection System Maintenance Certification at the appropriate grade level for the facilities and duties assigned.

Page | 3 Wastewater System Operator Services Agreement
Proof of certification shall be provided to the City before contract execution or staff assignment, and updated upon renewal or personnel changes.

10. Records & Audits
Contractor shall maintain records relating to services performed and make such records available to the City upon request.

11. Termination
Either party may terminate this Agreement with thirty (30) days’ written notice. The City may terminate immediately for material breach or loss of required certifications/insurance. Contractor shall be compensated for services performed up to the effective termination date.

12. Entire Agreement
This Agreement constitutes the entire understanding between the parties regarding interim WWTP operator services and supersedes any prior agreements, except as otherwise noted herein.

CITY OF SAN JUAN BAUTISTA

By: ___________________________
Name: Ashley Collick
Title: City Manager
Date:_________________________
By: ___________________________
City Clerk
Approved as to form:

By: ___________________________
City Attorney
CYPRESS WATER SERVICES, INC.

By: ___________________________
Name: Miles C. Farmer
Its: President/Chief Plant Operator
9/1/2025
Date:_________________________
Item No. #7.H
City Council Meeting
September 16, 2025
Page | 1

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 16, 2025
DEPARTMENT: CITY MANAGER’S OFFICE
FROM: ASHLEY COLLICK, CITY MANAGER
TITLE: PROFESSIONAL SERVICES AGREEMENT WITH MNS
ENGINEERS, INC. FOR PROGRAM MANAGEMENT SERVICES

DRINKING WATER TRANSMISSION PIPELINE PROJECT
RECOMMENDED MOTION:

Approve a Resolution authorizing the City Manager to execute a Task Order with MNS Engineers, Inc. under the City’s existing professional services agreement, for program management services related to the San Juan Bautista Water Transmission Main Project, in an amount not to exceed $58,375, subject to final clarification of scope to ensure separation of responsibilities from G7ei (Project Manager) and Stantec (Design Consultant).

RECOMMENDATION:

Staff recommends that the City Council adopt the attached resolution, authorizing the City Manager to execute a Task Order with MNS Engineers, Inc., for program management services in an amount not to exceed $58,375, subject to final scope clarification.

EXECUTIVE SUMMARY:

The City has engaged Stantec as the Design Consultant for the Water Transmission Main Project and G7ei, Inc. as the City’s Project Manager overseeing day-to-day design activities. MNS Engineers, Inc. has submitted a proposal to serve as the Program Manager, providing oversight, regulatory compliance support, and independent quality assurance/constructability review. To avoid overlap, staff has requested that MNS revise their scope to distinguish their role from that of G7ei and Stantec.

Staff recommends approval of a Task Order with MNS, subject to scope clarification, to allow the City to proceed with program-level oversight of this critical water infrastructure project.

BACKGROUND:

The City of San Juan Bautista is undertaking the design and delivery of a new 12-inch potable water transmission pipeline to convey treated water from the San Benito County Water District’s Item No. #7.H
City Council Meeting
September 16, 2025
Page | 2
West Hills Water Treatment Plant to the City’s water system. This critical project will provide a new imported supply source to improve water reliability, resiliency, and capacity.

To support the delivery of this project, the City has engaged:
• Stantec as the Design Consultant, responsible for the preparation of plans, specifications, and estimates.
• G7ei, Inc. as the City’s Project Manager, coordinating directly with Stantec on day-today project execution, schedule, and budget.

In addition, the City seeks to engage MNS Engineers, Inc. to serve as Program Manager. Their role will provide oversight at the program level, focusing on independent technical review, regulatory compliance, and direct advisory support to the City Manager and Council.

DISCUSSION
MNS Engineers submitted a revised proposal dated September 11, 2025, for program management services in an amount not to exceed $58,375. Their proposed scope of work includes:
• Independent QA/QC and constructability reviews of Stantec’s design deliverables. • Preparation and submission of the Potable Water System Permit Amendment Request to the State (Division of Drinking Water), including supporting sampling and monitoring plans.
• Coordination with County and State regulatory agencies, including up to three rounds of comments and potential variance requests.
• Program-level reporting to City staff and Council, including council-ready summaries for meetings.
• Leading milestone review meetings (Kick-Off, 30%, 60%, 90%, and 100% design).

This refined scope clarifies that MNS will serve as the City’s program-level advisor, distinct from G7ei’s project management role with Stantec.

MNS has confirmed readiness to begin work on or before September 22, 2025.

FISCAL IMPACT:

The proposed Task Order with MNS Engineers, Inc. is for a not-to-exceed amount of $58,375.

This includes 229 hours of professional services allocated across program management, design review, constructability, and permitting support. Funding for this Task Order will be drawn from the Water Enterprise Fund.

ATTACHMENTS:

1. Proposal

2. Resolution

3. Task Order
Page | 1
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA

AUTHORIZING THE CITY MANAGER TO EXECUTE A TASK ORDER WITH MNS ENGINEERS, INC. UNDER THE EXISTING PROFESSIONAL SERVICES

AGREEMENT FOR PROGRAM MANAGEMENT SERVICES RELATED TO THE

DRINKING WATER TRANSMISSION PIPELINE PROJECT
WHEREAS, the City of San Juan Bautista is undertaking the design and delivery of a new 12-inch potable water transmission pipeline to improve the City’s water supply reliability, resiliency, and capacity; and
WHEREAS, the City has engaged Stantec as the Design Consultant, responsible for the preparation of plans, specifications, and estimates; and WHEREAS, the City has engaged G7ei, Inc. as the Project Manager, coordinating directly with Stantec on day-to-day project execution, schedule, and budget; and WHEREAS, MNS Engineers, Inc. has submitted a revised proposal dated September 11, 2025, to provide program management services to the City, including independent QA/QC, constructability review, regulatory compliance support, and program-level reporting to City staff and Council; and
WHEREAS, the City has requested that MNS clarify its scope of work to ensure its role as Program Manager is clearly distinguished from the roles of G7ei (Project Manager) and Stantec (Design Consultant); and
WHEREAS, the proposed Task Order with MNS Engineers, Inc. is for a not-to-exceed amount of $58,375, to be funded from the City’s Water Enterprise Fund; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Bautista hereby authorizes the City Manager to execute a Task Order with MNS Engineers, Inc., under the City’s existing professional services agreement, for program management services related to the Water Transmission Main Project, in an amount not to exceed $58,375, subject to final scope clarification.

PASSED AND APPROVED by the City Council of the City of San Juan Bautista on this 16th day of September, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Page | 2
APPROVED:
______________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________
Elizabeth Soto, City Clerk

CITY OF SAN JUAN BAUTISTA

PROPOSAL FOR PROGRAM MANAGEMENT SERVICES

FOR WATER TRANSMISSION MAIN PROJECT
P A G E 1
September 11, 2025
City of San Juan Bautista
Attention: Ashley Collick, City Manager
311 Second Street, P.O. Box 1420
San Juan Bautista, CA 95045
SUBJECT: Proposal for Program Management of Water Supply Transmission Main Dear Ms. Collick,
MNS Engineers (MNS) appreciates the opportunity to provide this proposal for program management services to the City of San Juan Bautista (City). The scope of work is based on our understanding of the San Juan Bautista Water Transmission Pipeline (Project) per the design Request for Proposals, dated 03/26/2025.

Project Understanding
A new 12-inch potable water transmission pipeline from the San Benito County Water District’s (District) West Hills Water Treatment Plant (WHWTP) is proposed to be constructed along the existing Highway 156 (Future County Frontage Road) to convey potable water to the City’s water system near the Well No. 6 treatment system. The goal of this transmission pipeline is to provide a new imported source of supply which will improve water reliability, system resiliency, and provide additional capacity for the City system. MNS is pleased to offer our expertise in a program management role, providing the leadership and oversight needed to ensure a streamlined, efficient, and successful design process.

Approach
MNS will serve as Program Manager, providing oversight of the design team and coordinating with the various Project stakeholders to ensure the detailed design documents are fully coordinated and complete, and meet the Project goals and requirements. In this role, MNS will manage the efforts of the City’s consultant and provide technical and constructability reviews of Project deliverables.

Through dedicated project management, MNS will drive Project progress to meet submittal requirements and support delivery of a cohesive, high-quality final product.

Scope of Work
MNS will actively manage individual Project tasks, minimizing the City’s effort to move the Project forward. We propose to perform the following work tasks:

Task 1 – Program Management
Task 1.1 – Project Management
Jordyn Arreola, PE, Senior Project Engineer, will serve as the Project Manager for the Project. The Project Manager, with support from the Principal-in-Charge, Nick Panofsky, PE, will provide ongoing coordination of the Project team including the City, the District, and the consultant team. She will also serve as the main point of contact with the City. The Project Manager will submit monthly invoices with supporting documentation in a format acceptable to the City.

The Project Manager will be responsible for ensuring MNS deadlines are met, internal reviews are completed, and the final products meet the expectations of the City.

MNS will establish and manage document control for each Project submittal on the MNS cloud-based server platform. Access to the MNS server will be provided for City staff.

The MNS Project Manager will also provide council-ready summaries for City Council meetings on an as-needed basis.

Task 1.2 – Coordination with City and Project Stakeholders Over the duration of the Project, the Project Manager will lead Virtual Coordination Meetings with the City, the District, and other Project stakeholders to discuss requests for information from the design team, collect data, and coordinate discussion, clarifications,

MNS DETAILS

LEGAL NAME
MNS Engineers, Inc.

FIRM OWNERSHIP TYPE
C-Corporation

YEAR FIRM ESTABLISHED
1962

CALIFORNIA DEPARTMENT

OF INDUSTRIAL RELATIONS
DIR No. 1000003564

CORPORATE OFFICE
201 N. Calle Cesar Chavez,
Suite 300
Santa Barbara, CA 93103
805.692.6921 Office/Fax
mnsengineers.com

LOCAL OFFICE
811 El Capitan Way, Suite 130
San Luis Obispo, CA 93401
805.787.0326

PROJECT CONTACT AND

AUTHORIZED SIGNATORY
Nick Panofsky, PE, QSD
Vice President – Water
805.722.2734 Mobile
[email protected]

CITY OF SAN JUAN BAUTISTA

PROGRAM MANAGEMENT SERVICES FOR WATER TRANSMISSION MAIN PROJECT P A G E 2
and direction for the design team to maintain continual forward progress. The MNS Project Manager will distribute notes following each meeting.

The MNS Project Manager will also provide ongoing coordination with City staff, the City’s funding consultant, the District, and provide presentations to the City Council on an as-needed basis.

For budgetary purposes, we have assumed 30 hours for the Program Manager, and 8 hours for the Principal-in-Charge for coordination efforts described in this task.

Subtask 1.3 – Design Review
The MNS team will conduct comprehensive reviews of work performed by the Project design team and their subconsultants, ensuring work by disciplines is effectively integrated. Jordyn, a MNS California-licensed engineer, will serve as the Program Manager, responsible for leading the review of reports, plans, and specifications for the proposed 12-inch potable water transmission pipeline, and coordinating with, and compiling comments from, Project stakeholders.

At each milestone, MNS will provide a design review letter and will coordinate and conduct quality assurance reviews of the design teams plans, Project narratives, calculations, and specifications, to confirm conformance with the latest City standards.

Task 1.4 – Design Meetings
At Project initiation, monthly, and following each deliverable review, MNS will lead meetings to discuss Project progress, and comments with the Project design team, the City, and other Project stakeholders, as appropriate. The scope anticipates a Project Kick-Off Meeting and four (4) virtual Design Review Meetings. For the 30%, 60%, 90%, and 100% design milestones.

The Project Manager will attend budgeted meetings. We assume all meetings will be held virtually.

Task 1.5 – Constructability Review
At the 90% design submittal stage, MNS will perform a constructability review of the City’s design consultant’s plans and specifications to evaluate the feasibility of the proposed design from a construction perspective. This review will identify potential conflicts, sequencing issues, or cost and schedule risks, with the goal of improving biddability, minimizing change orders, and ensuring smooth transition from design to construction. The findings of the constructability review will be documented in a technical memorandum to the City, including comments on the 90% design deliverables.

Task 1.6 – Water System Permit Amendment
MNS will prepare and submit a Potable Water System Permit Amendment Request to the State of California. MNS will coordinate with the County, and DDW to review design documents. We will address up to three rounds of comments from these agencies. MNS will prepare Waiver variances where compliance with DDW separation requirements is not feasible, with design details provided by the City’s design consultant. We assume Optional Task 2: Department of Drinking Water (DDW) Coordination, included in the design consultants proposal, will be awarded.

MNS will prepare an Operations and Distribution Sampling Plan to accompany the Potable Water System Permit Amendment Request including:
• Bacteriological Monitoring Plan (BSSP)
• Chemical Monitoring Plan
• Disinfectant Byproduct (DBP) Monitoring Plan
• Lead and Copper Monitoring Plan
Task 1 Deliverables:
• Design Review Letters with Consolidated Comments
• Constructability Review Technical Memorandum
• Water System Permit Amendment Application and Supporting Documentation Project Team
MNS has assembled a qualified team with the skills and expertise to bring this Project to successful completion. Our team will be led Jordyn Arreola, PE, as Project Manager. Jordyn will be supported by Principal-in-charge, Nick Panofsky, PE, to ensure reviews are comprehensive and resources are appropriately allocated. The constructability Review will be completed by Megan Panofsky, PE,

CITY OF SAN JUAN BAUTISTA

PROGRAM MANAGEMENT SERVICES FOR WATER TRANSMISSION MAIN PROJECT P A G E 3
CCM. Preparation of the Potable Water System Permit Amendment and supporting documents will be prepared by Beth Reineke.

Additional MNS staff will be utilized as needed to complete the work.

Schedule
MNS is committed to meeting the schedule requirements for this Project. We are prepared to begin work on or before September 22, 2025. We are committed to working with the City and City’s design consultant to maintain continual forward progress on the Project.

Compensation
MNS proposes to perform the services described herein for a not-to-exceed fee estimate of $58,375. A detailed fee proposal spreadsheet is provided as an attachment. All fees are in accordance with the MNS 2025 Standard Fee Schedule, also included as an attachment.

Closing
Thank you for the opportunity to submit this proposal. We are excited and look forward to continuing work with the City. Please feel free to contact me with any questions you may have at 805.722.2274 or [email protected]. Thank you for your consideration.

Sincerely,
MNS Engineers, Inc.

Nick Panofsky, PE
Vice President – Water
Attachments:
• MNS 2025 Rate Schedule
• Detailed Fee Spreadsheet
_________________________________________________________________________________________________________ Accepted by:

X__________________________________________________ _____________________________________ Ashley Collick, City Manager Date
City of San Juan Bautista
Program Management of Water Supply Transmission Main
Principal-in-Charge - NEP
Senior Project Engineer - JA
Assistant Engineer - HL
Senior Management Analyst - BR
Senior Construction Manager - MP
1 - Program Management Task 1

1.1 Project Management Task 1.1 4 40 44 $11,3001.2 Coordination with City and Project Stakeholders Task 1.2 8 30 38 $10,3501.3 Design Review Task 1.3 10 48 16 74 $18,4701.4 Design Meetings (1+4) Task 1.4 5 10 15 $4,3251.5 Constructibility Review Task 1.5 4 12 16 $4,7001.6 Water System Permit Amendment Task 1.6 2 8 8 24 42 $9,230 Task 1 Subtotal 29 140 24 24 12 229 $58,375
Hours 29 140 24 24 12
Cost $10,875 $34,300 $4,440 $5,040 $3,720
Sub-Total

ENGINEERINGPM
2025 Rate $375 $185 $310$210$245
229 58,375$
Total Resource Hours
Total Hours*Rates
9/11/2025
Item No.: 7.I
City Council Meeting
September 16, 2025
Page | 1

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 16, 2025
DEPARTMENT: ADMINISTRATION
FROM: ASHLEY COLLICK, CITY MANAGER
BY: ROY MORALES, ASSISTANT TO THE CITY MANAGER
TITLE: POLICY FOR CITY SPONSORED EVENTS
RECOMMENDED MOTION:

Approve a Resolution establishing a standardized Policy for City-Sponsored Events, providing clear eligibility criteria, application requirements, City support guidelines, and accountability measures to ensure alignment with community goals.

RECOMMENDATION
Staff recommends that the City Council approve a Resolution establishing a standardized policy for City-sponsored events conducted by or in partnership with nonprofit organizations.

BACKGROUND:

The City of San Juan Bautista has long partnered with nonprofit organizations to host community events that enhance cultural heritage, promote economic vitality, and strengthen community engagement. Until now, however, there has been no standardized framework guiding eligibility, application procedures, City support, and post-event accountability.

This policy provides clarity, transparency, and consistency in the City’s role as a co-sponsor. It ensures that collaborations:
 Serve a public purpose
 Deliver measurable benefits to residents and visitors  Align with the City’s goals for cultural, educational, environmental, and economic vitality
The policy also clarifies the scope of eligibility by explicitly excluding events such as private fundraisers or those held outside City limits, and by defining how religious or politically affiliated nonprofits may qualify under neutrality standards.

Page | 2
Policy Summary
The resolution establishes the following framework:

1. Definitions – Clarifies “City-co-sponsored event,” “Nonprofit organization,” and “Inkind support.”

2. Eligibility – To be eligible, nonprofit organizations must demonstrate alignment with at least two measurable City goals (e.g., cultural preservation, economic vitality, environmental stewardship, wellness, arts and culture, equitable access), and may not be primarily religious, political, or private fundraising entities.

3. City Support – May include permit fee waivers, facility use, in-kind services, and promotion, based on staff capacity and budget.

4. Application Process – Applications due at least 60 days in advance (120 days if support exceeds $5,000). Required: request form, special event permit, proof of nonprofit status, insurance, and budget. Applications will be reviewed through a fair and transparent process, which may include staff evaluation using a rubric or Council committee review, depending on the level of support requested.

5. Post-Event Reporting – Due within 30 days, including attendance, finances, impact summary, and photos. Failure to comply will result in progressive penalties designed to ensure accountability: a first offense will result in a warning, a second offense will result in a one-year suspension of eligibility, and repeated offenses will result in permanent ineligibility.

6. Limitations – Sponsorship does not imply endorsement, is subject to staff/budget, and requires County approval when applicable. Council-approved allocations for sponsorship shall expire at the close of each fiscal year and will not roll over unless specifically authorized by Council.

7. Standard Conditions – Includes compliance with permits, ADA accessibility, waste management, security, traffic control, public notification, indemnification, and revocation rights. All City-sponsored events must also demonstrate inclusivity and accessibility beyond ADA compliance, including equitable pricing and bilingual outreach where appropriate.

CEQA CONSIDERATION:

This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15378(b)(5), as it constitutes an organizational or administrative activity of government that will not result in direct or indirect physical changes to the environment.

Item No.: 7.I
City Council Meeting
September 16, 2025
Page | 3
FISCAL IMPACT:

Fiscal impacts will vary depending on the level of City support requested. Any requests exceeding $5,000 will require Council review and approval to ensure budget availability. Based on historical practice, the City anticipates that typical annual support may include waived permit fees, in-kind staff contributions, and promotion, which together represent a modest but variable cost that will be managed within existing budget allocations unless otherwise authorized by Council.

ATTACHMENTS

1. Resolution

2. Draft Policy
Page | 1
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA

ADOPTING A POLICY FOR CITY-SPONSORED EVENTS
WHEREAS, the City of San Juan Bautista has historically partnered with nonprofit organizations to host community events that enhance cultural heritage, promote economic vitality, and strengthen community engagement; and
WHEREAS, the City Council desires to establish a standardized policy to provide clarity, transparency, and consistency in the City’s role as a co-sponsor of community events; and WHEREAS, the Policy for City-Sponsored Events defines eligibility criteria, application procedures, City support guidelines, accountability measures, and standard conditions to ensure that collaborations:
• Serve a clear public purpose,
• Deliver measurable benefits to residents and visitors, and • Align with the City’s goals for cultural, educational, economic, environmental, and social vitality, while ensuring inclusivity, equity, accessibility, and sustainability; and WHEREAS, the Policy ensures nonprofit events are reviewed through a transparent application process, require measurable outcomes, and establish progressive accountability measures for noncompliance; and
WHEREAS, the Policy requires inclusivity beyond ADA compliance, bilingual outreach where appropriate, and sustainable practices such as recycling and waste diversion; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Bautista as follows:

1. The City Council hereby adopts the Policy for City-Sponsored Events, attached hereto as Exhibit A and incorporated herein by reference.

2. The Policy shall apply to all nonprofit organizations seeking City co-sponsorship of community events, whether conducted independently or in partnership with the City.

3. The City Manager, or designee, is authorized to administer the Policy, evaluate applications using established criteria, and enforce accountability measures, subject to Council oversight for requests exceeding $5,000.

4. Any prior practices or understandings regarding City sponsorship of events inconsistent with this Policy are hereby rescinded.

Page | 2
PASSED AND APPROVED by the City Council of the City of San Juan Bautista on this 16th day of September 2025, by the City Council of the City of San Juan Bautista.

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
____________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________
Elizabeth Soto, City Clerk
Page | 1 Policy for City Sponsored Events

POLICY FOR CITY-SPONSORED EVENTS
SECTION 1. PURPOSE AND INTENT
The purpose of this policy is to establish a clear and consistent policy that enables nonprofit organizations to partner with the City of San Juan Bautista in producing or participating in Citysponsored events. This policy ensures such collaborations serve a public purpose, promote community engagement, and contribute to the cultural, educational, economic, and environmental vitality of the City. This policy also seeks to ensure that City-sponsored events are inclusive, equitable, and accessible to all residents and visitors.

SECTION 2. DEFINITIONS
City-Sponsored Event: Any event that is organized, co-organized, or officially supported by the City of San Juan Bautista, including through funding, in-kind services, or use of City facilities.

Nonprofit Organization: Any 501(c)(3), 501(c)(6), or other IRS-recognized tax-exempt organization that operates within or provides services to the residents of San Juan Bautista and is in good standing under California state law.

In-Kind Support: City services provided without charge, including but not limited to public works labor, traffic safety control, and city facility use.

SECTION 3. ELIGIBILITY FOR CITY-SPONSORED EVENTS
Nonprofit organizations may request City sponsorship of events provided they meet two or more of the following City Goals and Measurable Indicators for Public Benefit. Private fundraisers, events held outside City limits, or events primarily religious or political in nature are not eligible for City sponsorship.

Applicants must also identify in advance the methods they will use to track attendance, economic impact, and community benefits. The City may establish a cap on the number of sponsored events per nonprofit per year.
 Cultural Heritage Preservation: Emphasis on local history, missions, or traditions  Economic Vitality: Attendance ≥ 100; 5+ local vendor partnerships; Draws tourism to the town
 Environmental Stewardship: Zero-waste plan; Composting; Environmental education booths
 Community Wellness and Safety: Public health and safety activities  Public Education & Engagement: Free workshops, civic resources, volunteer-run elements, collaboration
 Arts and Culture: Local performances, exhibits by local artists and schools Page | 2 Policy for City Sponsored Events
 Inclusive & Equitable Access: ADA access; Multilingual materials; Free admission SECTION 4. CITY SUPPORT FOR NONPROFIT-SPONSORED EVENTS
City support may include, but is not limited to permit fee waivers, use of City-provided safety equipment, access to City-owned facilities, in-kind services such as traffic control or sanitation, promotion through City communication platforms, assistance with interagency coordination, inclusion in City calendars, and temporary signage approvals. Support is discretionary, subject to staff capacity, budget, and annual Council appropriations. All City in-kind contributions must be documented and reported annually to Council.

SECTION 5. APPLICATION PROCESS
Applications must include: City-Sponsored Event Request Form, Special Event Permit Application, proof of nonprofit status, certificate of insurance, and a budget overview.

Incomplete applications may delay review. The City Manager or designee will review applications and notify applicants in writing of approval, denial, or required modifications within 30 days of submission.

Applications will be evaluated using a transparent process, which may include first-come, firstserved review or a staff rubric, depending on the level of support requested. Multiple nonprofits may co-apply for the same event.

Requests exceeding $5,000 in City support shall be submitted at least 120 days in advance and require City Council review and approval.

SECTION 6. POST-EVENT REPORTING
Within 30 days of the last day of the event, nonprofits must submit a report including attendance, finances, event summary, identified goals met, documentation of public impact, and photos.

Failure to comply will result in progressive penalties: first offense—warning; second offense— one-year suspension; repeated offenses—permanent ineligibility. Reports must use the same format as the application for comparability.

SECTION 7. LIMITATIONS
City sponsorship does not constitute endorsement of any viewpoint or guarantee of future support. Approvals are subject to budget, staff capacity, and compliance with this policy. Events spanning both City and County jurisdictions require prior County authorization. Proof of County approval must be provided.

SECTION 8. SEVERIBILITY
If any part of this policy is found invalid, the remainder shall remain in effect.

Page | 3 Policy for City Sponsored Events
SECTION 9. EFFECTIVE DATE
This policy shall take effect immediately upon adoption by the City Council.

SECTION 10. STANDARD CONDITIONS OF APPROVAL
Events must comply with all City permits and regulations, including alcohol control, sound, parking, and safety. Applicants must provide approved traffic control plans if closures are required, and emergency access must be maintained.

Events shall be fully ADA accessible, including pathways, restrooms, and signage.

Applicants may be required to hire security or coordinate with law enforcement, at their expense, based on attendance. A safety and evacuation plan must be included with the application.

Applicants must notify all residents and businesses within 300 feet (or larger radius as determined by the City for larger events) at least 10 days in advance. Applicants are responsible for associated costs.

Events must not interfere with City functions, emergency services, or school activities.

Applicants are responsible for cleanup and site restoration immediately after the event.

Temporary signage, structures, and debris must be removed. Applicants shall incorporate sustainability practices such as recycling and composting where feasible.

Applicants shall indemnify and hold harmless the City, its officers, and employees. Significant City-supported events may be subject to audit of financial records related to City contributions.

The City reserves the right to revoke sponsorship if conditions are violated or if the event poses risks to public safety.

7. Consent
Minutes
J. Approve the Regular Meeting Minutes of June 17, 2025.

K. Approve the Regular Meeting Minutes of August 19, 2025.

Item: 8.A
City Council Meeting
September 16, 2025
Page | 1

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 16, 2025
DEPARTMENT: CITY MANAGER / ADMINISTRATION
FROM: ASHLEY COLLICK, CITY MANAGER
BY: ROY MORALES, ASSISTANT TO THE CITY MANAGER
TITLE: DIA DE LOS MUERTOS CELEBRATION NOVEMBER 1-2, 2025 RECOMMENDED MOTION:

Approve a resolution authorizing the City Manager to execute the City’s partnership in the 2025 Día de los Muertos celebration, with support limited to in-kind contributions, permit fee reductions, and staff promotion within available capacity.

RECOMMENDATION:

That the City Council approve the City’s partnership in the Dia De Los Muertos celebration in San Juan Bautista, with City support provided based on staff capacity and demonstrated public benefit.

Approval of City partnership for Día De Los Muertos affirms the City’s role in supporting cultural traditions that align with San Juan Bautista’s history and values. The event will provide an opportunity for the community to reflect, gather, and celebrate life through remembrance.

BACKGROUND:

This celebration is especially meaningful in San Juan Bautista, where many local families maintain cultural traditions that connect directly to Día de los Muertos observances.

Día De Los Muertos (Day of the Dead) is a tradition with origins reaching back more than 3,000 years to the Aztecs and other indigenous peoples of Mesoamerica. These early civilizations honored the cycle of life and death through festivals of remembrance.

With Spanish colonization, these customs intertwined with Catholic observances of All Saints’ Day and All Souls’ Day, becoming established on the Mexican calendar as a three-day observance from October 31 through November 2.

Page | 2
DISCUSSION:

The event also supports the City’s tourism and economic development goals by drawing regional visitors, increasing downtown activity, and supporting local businesses. San Juan Bautista, La Ciudad de la Historia, provides a natural setting for Día de los Muertos. The city’s historic streets and sandstone walls remind us that memory is an enduring part of our identity.

Central to the observance is the ofrenda, or altar of remembrance. These are adorned with marigolds (cempazúchitl), candles, food, drink, and photographs of departed loved ones. The offerings are not acts of worship, but symbols of love and memory. In San Juan Bautista, they serve as public expressions of connection to family, ancestors, and community builders.

The festival is both solemn and celebratory. It is a time of prayer and reflection, but also one of music, dancing, laughter, and food. As playwright Luis Valdez has often said, “to honor our history is to honor those who came before us.” In this spirit, Día de los Muertos in San Juan Bautista stands not merely as a festivity, but as a living bridge—connecting past and present, the living and the dead, memory and celebration.

In addition to its cultural and historical significance, the Día de los Muertos celebration contributes to the City’s broader goals of community vitality and economic development. The event attracts regional visitors, supports local businesses, and creates opportunities for crosscultural exchange that strengthen civic identity. By providing a free and inclusive space, the celebration ensures participation across generations and income levels, reinforcing San Juan Bautista’s values of equity and accessibility. Event organizers will also coordinate with City staff on sustainability measures such as waste reduction, traffic management, and public safety planning. Together, these elements highlight the event’s role not only as a cultural tradition but also as a driver of community well-being and economic benefit.

CITY PARTNERSHIP:

As a community partnership event, City support may include, based on capacity and demonstrated public benefit- the following:

1. Promotion via City platforms (low cost, high visibility)

2. Waiver or reduction of permit fees (moderate impact)

3. Use of public facilities (case-by-case approval)

4. In-kind services (limited by staff availability)
This partnership reflects the City’s commitment to supporting cultural events that strengthen community identity, honor tradition, and enhance civic engagement. All partnership support will be coordinated in advance with event organizers to ensure clarity of roles and responsibilities FISCAL IMPACT:

Potential costs include foregone permit revenues estimated at $500–$1,000, staff time estimated at 20–30 total hours across administration, public works, and permitting, and limited use of Item: 8.A
City Council Meeting
September 16, 2025
Page | 3
facilities. These will be absorbed within existing departmental budgets, subject to capacity. No direct cash contribution is proposed.

ATTACHMENTS:

1. Resolution

2. Event Map

3. Event Flyer
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA APPROVING A CITY PARTNERSHIP IN THE 2025 DÍA DE LOS

MUERTOS CELEBRATION
WHEREAS, The City of San Juan Bautista recognizes the cultural and historical importance of Día de los Muertos, a tradition with origins more than 3,000 years ago, honoring the cycle of life and remembrance of ancestors; and
WHEREAS, the celebration of Día de los Muertos reflects the City’s values of history, heritage, and community, and provides an opportunity for residents and visitors to gather, reflect, and celebrate through remembrance; and
WHEREAS, the event contributes to community vitality by supporting local businesses, attracting regional visitors, and strengthening civic identity through cultural expression; and WHEREAS, the City Council affirms that public partnership in community events may include in-kind support, promotion, and use of facilities, subject to staff capacity and demonstrated public benefit; and
WHEREAS, the Día de los Muertos celebration will be inclusive and accessible, promoting participation across generations and cultural backgrounds, and will be coordinated with City staff to ensure sustainability, safety, and effective event management; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan Bautista:

1. The City hereby approves its partnership in the 2025 Día de los Muertos celebration.

2. City support may include, based on capacity and demonstrated public benefit:
o Waiver or reduction of permit fees;
o Use of public facilities;
o In-kind staff services;
o Promotion of the event via City platforms.

3. No direct cash contribution shall be made by the City; costs will be limited to foregone permit revenues, in-kind staff time, and use of existing facilities within departmental budgets.

4. City staff are directed to coordinate with event organizers to formalize responsibilities through a partnership agreement or memorandum of understanding (MOU).

PASSED AND ADOPTED by the City Council of the City of San Juan Bautista at a regular meeting held on September 16, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN: ______________________
Leslie Q. Jordan, Mayor
ATTEST:
___________________________
Elizabeth Soto, CMC, CPMC,
City Clerk
Prepared by: Jerry Sanguinetti, City Engineer

9/11/2025
1 City of San Juan Bautista
September 2025 Monthly
Report Created by Roy Morales 9/01/2025 1
Roy Morales- Assistant to the City Manager
Law & Fire monthly summary
SHERIFF’S OFFICE
August
• 1- Domestic Violence call
• DUI Hit & Run arrest- at 156 @ The Alameda
• 1- Drug arrest during a traffic stop
• 5150 behavior on the 200 block of The
Alameda. Male subject on parole, his agent
was notified
• 1- Traffic Collision at HWY 156 @ The
Alameda
Report Created by Roy Morales 9/01/2025 2
FIRE
August
• 4- Fire’s including 1 vehicle fire (all
in the county)
• 23- Medical
• 12- Vehicle Accidents (2 in the City)
• Special Event- Los Padrinos
• 2- Inspections
• The Hideaway
• Posada Inn- sprinklers
9/11/2025
2 Code Enforcement Update
• 0- No stop work orders
• 6- Parking violations: fire lane, RV parked on street, cars parked over 72 hours
• Investigated illegal garbage fire at resident on 3rd
• Working on municipal code violations pertaining to downtown • Outside seating
• Signs
Report Created by Roy Morales 9/01/2025 3
Projects
• Coordinated response with County Environmental Health- street vendors • Code Enforcement patrol on Saturday
• Working with local market on Fire safety rules and regulations • Ongoing issue
• City co-sponsorship events: meetings with El Teatro Campesino and Dan Devries for first annual Dia De Los Muertos
• Contacted Salinas Parole Office regarding a local parolee acting strange Sheriff’s Office has also been made aware
• Received appraisal for our Fire Station
Report Created Roy Morales 9/01/2025 4

San Juan Bautista City CouncilSeptember 16, 2025

San Juan Bautista City Council
September 16, 2025