Cities Index.
Agenda

Santa Maria City Council
June 17, 2025

Document
Agenda
Meeting
June 17, 2025
Body
Santa Maria City Council
Pages
127
Original file
21.4 MB
Text extracted from the city's file for reading and search. Open the original on pub-santamaria.escribemeetings.com. That file is the official record.

every 2 years, to reflect the development of new infrastructure and homes, and following major emergencies as needed. SBC OEM will provide support and coordination for maintaining and updating data that is applicable countywide. Types of data including but not limited to:
 Pre-identified evacuation critical facilities
 Critical infrastructure (e.g., shelters, hospitals)
 Traffic control points
 Zone-specific information, such as “Commonly Known As” information, zone boundary descriptions, and “Special Considerations”
 New residential or commercial development considerations Initials: ___________

5. Technological Management

Technological evaluation of the Genasys EVAC solution by County IT was conducted during the Request for Proposal (RFP) process to determine compatibility with the County’s existing computing environment. The County has taken an assertive technological posture to mitigate cybersecurity and privacy ri sks. However, Santa Maria is responsible for conducting due diligence to determine if the Genasys EVAC solution is compatible with their existing technological environment. Santa Maria is responsible for coordinating with its IT personnel to gather user account information, identify permission and role controls, and support County required security measures (i.e. password controls).

Initials: ___________

6. Data Integrity and Security

Santa Maria recognizes that the County of Santa Barbara’s instance of the Genasys EVAC system is populated with hyper-local data that includes the locations of critical facilities and vulnerable populations. This i ncludes sensitive locations that are not publicly disclosed for safety and security purposes, such as shelters for domestic violence and human trafficking survivors. No personally identifiable information (PII) will be stored within Genasys EVAC. Santa Maria is responsible for taking reasonable measures to protect the security of the Genasys EVAC system and any data accessed or input ted into the system. This includes preventing unauthorized access, data loss, or alteration.

Initials: ___________

7. Procurement and Maintenance of Hardware and Devices

Santa Maria is responsible for maintaining the necessary hardware and devices required by Santa Maria to utilize the Genasys EVAC system, including computers, mobile devices, and any associated equipment needed for operational use.

Initials: ___________

Docusign Envelope ID: E25DAD90-7109-42E3-919A-0E7C2C0CA1A5

Memorandum of Agreement between Santa Barbara County Office of Emergency Management and the City of Santa Maria Regarding Activation of the ReadySBC Alerts System and Access to and Use of Emergency Zone Mapping Solution

Page 12 of 15 ends

8. Security Breach Reporting

Santa Maria is required to report to the County POC any suspected or known security breaches to hardware with user accounts or to user accounts as soon as possible, and no later than 24 hours. Santa Maria agrees to cooperate with the County on any follow-up steps to ensure security is maintained.

Initials: ___________

Management & Users of System

9. Genasys EVAC Internal User Role Permissions

Santa Maria will be granted access to use the following internal user role permission options in the Genasys EVAC system. Santa Maria’s Assigned POC is responsible for assigning role permissions to their internal users based on internal policies and protocols for the coordination and execution of eme rgency protective actions within their jurisdiction.

 Viewer:
o View all zones and zone-specific data.
o View critical evacuation facilities; sheltering, traffic control, road closure locations; and wildfire-related monitoring tools (e.g., Red Flag Warning area, heat detection data).
o View and download PDF zone pre-plans.
o View available custom layers integrated by Santa Barbara County users. o NOTE: Viewers cannot modify any zone data, split/merge zones, or make any information visible in the public-facing emergency zone map.

 Editor: All Viewer permissions plus:
o Use the Internal Status Notification feature to internally change the status of a zone. This feature sends an internal email notification to agency leads and designated alerters with the requested zone changes.
o Split and merge any pre-existing zones.
o Modify zone-based data, critical evacuation facilities data, shelter, traffic control, and road closure data.
o Make sheltering, traffic control point, and road closure locations visible in the public-facing emergency zone map.
o Add custom layers and make them visible to all Santa Barbara County users.
o NOTE: Editors will be able to split/merge zones and modify data in the system for all of Santa Barbara County. There is not currently a way to restrict access by jurisdiction, but Editors are only authorized to make changes within their jurisdiction.

 Editor Plus: All Viewer and Editor permissions plus:
o Can make zone status changes directly visible in the public-facing emergency zones map.

Docusign Envelope ID: E25DAD90-7109-42E3-919A-0E7C2C0CA1A5

Memorandum of Agreement between Santa Barbara County Office of Emergency Management and the City of Santa Maria Regarding Activation of the ReadySBC Alerts System and Access to and Use of Emergency Zone Mapping Solution

Page 13 of 15 ends

o Making zone status changes visible in the public-facing emergency zones map DOES NOT result in automatic dissemination of public emergency alerts.
o NOTE: Editor Plus will be able to change public-facing zone status in the system for all of Santa Barbara County. There is not currently a way to restrict access by jurisdiction, but Editor Plus are only authorized to make changes within their jurisdiction.

 Administrator: All Viewer, Editor, and Editor Plus permissions plus:
o Adding/removing users and assigning roles

Initials: ___________

10. Data Changes Made by Agency Internal Users

Santa Maria acknowledges that internal users will be able to view data inputted by all other Santa Barbara County agencies and jurisdictions utilizing Genasys EVAC.

Based on their role permissions, Editors and Editor Plus will have the ability to make data changes, submit Internal Status Notifications, or make zone status changes live on the public -facing emergency zones map for all Santa B arbara County zones.

Santa Maria will ensure that their internal users:
 Do not make changes to areas outside their own jurisdiction’s data and zones unless specifically requested by the outside jurisdiction, such as during an incident when in Unified Command.
 Do not make changes to Santa Maria’s data and zones outside of emergencies (aka “blue skies”) unless expressly authorized to do so by Santa Maria’s leadership and/or Santa Maria’s Genasys EVAC POC.
 If they make any temporary changes to Santa Maria’s data and zones in the course of an emergency, internal users are responsible for restoring the data and zones to original settings.

Initials: ___________

11. Management of Internal Users

Santa Maria is responsible for managing its own internal users within the Genasys EVAC system, including:
 Maintaining a roster of current internal users and their role permissions.  Coordinating with the SBC OEM Alerting Administrator to add and remove internal users and update role permissions for internal users. o This includes timely notification to terminate internal user access as needed. Timely notification means advance notification of the internal user’s separation date from the agency whenever possible, but no later than 24 hours after a user’s separation.
o If there are any concerns about potential unauthorized or inappropriate access and use by a current internal user, Santa Maria will contact the SBC OEM Duty Officer immediately to request the user’s account be disabled.

Docusign Envelope ID: E25DAD90-7109-42E3-919A-0E7C2C0CA1A5

Memorandum of Agreement between Santa Barbara County Office of Emergency Management and the City of Santa Maria Regarding Activation of the ReadySBC Alerts System and Access to and Use of Emergency Zone Mapping Solution

Page 14 of 15 ends

 Assigning appropriate roles based on internal user responsibilities and functions.
 Providing any technological devices or internet service capabilities to internal users in order to access the Genasys EVAC when performing duties in the field or assigned work locations.
 Ensuring its internal users sign a County-provided User Agreement and complete the required training prior to access to the system.  Ensuring its internal users are authorized to use Genasys EVAC on behalf of Santa Maria in accordance with assigned duties.

Initials: ___________

12. Agency Policy and Job Aids

Santa Maria will create agency-specific internal policies, job aids, SOPs, or supporting documents on alerting coordination and Genasys EVAC utilization addresses the following minimum element:
 Agency personnel positions that will have access to the Genasys EVAC and at what role permission
 Agency personnel positions that are authorized to request activa tion of the ReadySBC Alerts system (or their own alert system)
 Protocols for protective action decision-making
 Who is the authority to approve protective actions
 English and non -English languages information will be disseminated in accordance with AB 1638 requirements and/or established agency language accessibility policies and plans.

Agency-specific documents will be consistent with the County Alert and Warning Policy, SBC OEM will provide job aid templates and other support resources as developed. SBC OEM provided j ob aids address step-by-step instructions for requesting activation of the Ready SBC Alerts system and utilizing Genasys EVAC.

Santa Maria is responsible for distributing printed and digital copies of the most current job aids to agency perso nnel. SBC OEM will provide final digital copies via a shared web-based file system that can be accessed by the POC and designated Santa Maria representatives only. Santa Maria will coordinate with the SBC OEM Alerting Administrator on any updates to job aids periodically and as needed.

Initials: ___________

13. Training Requirements

Santa Maria is responsible for managing and tracking internal user completion of required training, including but not limited to:
 System navigation,
 Data entry and preservation protocols,
 Security and safety considerations for the system,
 User roles and responsibilities, as well as capabilities,  Activation and management of emergency alerts and emergency zone map changes.

Docusign Envelope ID: E25DAD90-7109-42E3-919A-0E7C2C0CA1A5

Memorandum of Agreement between Santa Barbara County Office of Emergency Management and the City of Santa Maria Regarding Activation of the ReadySBC Alerts System and Access to and Use of Emergency Zone Mapping Solution

Page 15 of 15 ends

Initial hands-on training and super user training will be provided by Genasys and SBC OEM as part of implementation. Following implementation, Santa Maria is responsible for providing hands-on training to new users, refreshers to existing users, and ensuring their internal users understand their role and responsibilities within the Genasys EVAC system and requesting processes for ReadySBC Alerts . These training courses will be in alignment with SBC OEM provided training materials and policies. SBC OEM may elect to provide additional hands -on training on a period ic basis to Santa Maria and other county agencies and jurisdictions.

Initials: ___________

14. Genasys Internal User Agreements

Santa Maria is responsible for collecting and managing signed Genasys Internal User Agreement from all internal users. This document is an acknowledgement of their responsibilities regarding the use of the system and compliance with all applicable policies. The County will provide an online file repository for Santa Maria to store and organize completed Genasys Internal User Agreements. Any internal users who violate this agreement will immediately have their access disabled by the SBC OEM.

Initials: ___________

15. Requesting ReadySBC Alerts and Publishing Zone Status Changes, Shelter Locations, and Traffic Control Points on Public-Facing Genasys Emergency Zones Map

Santa Maria retains all responsibility to determine protective actions and to inform their residents appropriately within agreed upon protocols and policies, including how Genasys is utilized for this purpose and coordination of emergency alerts with the County.

Santa Maria is responsible for publishing any incident specific sheltering locations, traffic control points, and road closures directly on the public-facing emergency zones map.

Santa Maria is responsible for initiating and analyzing any hazard simulation features and data in Genasys EVAC in accordance with their emergency response protocols.

Initials: ___________

Full Name: ___________________________

Signature: ____________________________

Date: ________________________________
Docusign Envelope ID: E25DAD90-7109-42E3-919A-0E7C2C0CA1A5 David Rowlands
6/3/2025 | 1:17 PM PDT

COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Brett Fulgoni, Director of Public Works

DATE: June 17, 2025

SUBJECT: Adoption of a Resolution Establishing a No Stopping Zone on Centerpointe Parkway

Description:

The City Council will consider approving the establishment of a No Stopping Zone on Centerpointe Parkway, in front of 2125 Centerpointe Parkway, to improve visibility for vehicles exiting the parking lot.

Environmental Notice: The activity is not a “Project” as defined under S ection 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

RECOMMENDATION:

Adopt a Resolution establishing a No Stopping Zone on Centerpointe Parkway.

BACKGROUND:

Santa Barbara County has requested the establishment of a No Stopping Zone on Centerpointe Parkway in front of the County Government Center. Vehicles are currently parking near the driveway entrance, obstructing visibility for drivers exiting the lot.

To address this concern, the County has requested red curb installation near the driveway to restrict stopping and parking, thereby ensuring a clear line of sight for exiting vehicles.

DISCUSSION:

Per City Council Resolution No. 2061 and CAM 63 -15, a Traffic Committee was formed to “be responsible for the review, approval or denial, and recommendations to City Council on all matters and requests relating to traffic circulation and safety within the public right-of-way”. The Traffic Committee has reviewed the request for the No Stopping Zone and recommends its establishment. The City Council has the authority to locate, establish, or eliminate No Stopping Zones within the City.

The recommended No Stopping Zone is described as follows:

 2125 Centerpointe Parkway: Beginning at the northern curb return of the northeastern driveway, continuing east for a length of 20 linear feet. 2 Alternative(s)
The alternative to the recommended action would be to not approve the establishment of the No Stopping Zone.

Fiscal Considerations
Installation of the No Stopping Zone will require labor and materials to paint the curb red.

Periodic maintenance will be n eeded as the paint fades over time. Staff estimates the initial installation cost to be approximately $300.

Impact to the Community
Approximately one parking space will be removed to improve visibility between vehicles exiting the County parking lot and vehicles traveling along Centerpointe Parkway.

ATTACHMENT(S)

A. Resolution
B. Proposed No Stopping Zone 2125 Centerpointe Parkway

Attachment A
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,

ESTABLISHING A NO STOPPING ZONE ON

CENTERPOINTE PARKWAY

WHEREAS, it is in the best interest of the City of Santa Maria to establish no stopping zones at certain locations within the City; and

WHEREAS, the City of Santa Maria Traffic Committee has reviewed and recommends the establishment of a No Stopping Zone at the location described below; and

NOW, THEREFORE, IT IS HEREBY RESOLVED that pursuant to Section 7-5.14 of the Santa Maria Municipal Code, a No Stopping Zone shall be established at the following location:

 2125 Centerpointe Parkway: Beginning at the northern curb return of the northeastern driveway, continuing east for a length of 20 linear feet.

BE IT FURTHER RESOLVED by the City Council of the City of Santa Maria, California, as follows:

SECTION 1. The foregoing shall constitute traffic regulations pursuant to ordinance; and

SECTION 2. All work is to be accomplished using the standards and methods approved by the Director of Public Works. This shall be in accordance with standard City specifications, and the provisions of this resolution are to be carried out by erecting signs, painting marks and temporary markers and barricades required, and by such other indicators or devices as may be under provisions of the Vehicle Code of the State of California and regulations adopted pursuant thereto, and

SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 17th day of June 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Attachment B

COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Brett Fulgoni, Director of Public Works

DATE: June 17, 2025

SUBJECT: Adoption of a Resolution Establishing a Multi-Way Stop Control at the Intersection of South Pine Street and West Park Avenue

Description:

The City Council will consider approving the establishment of a multi-way stop control at the intersection of South Pine Street and West Park Avenue to improve pedestrian safety.

Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

RECOMMENDATION:

Adopt a Resolution establishing a multi-way stop control at the intersection of South Pine Street and West Park Avenue.

BACKGROUND:

City staff conducted vehicle and pedestrian traffic observations near Santa Maria High School during peak periods on May 13 and 14. Between 8:00 AM and 8:15 AM, a high volume of pedestrian activity was observed, with many students walking to campus and crossing at the intersection of South Pine Street and West Park Avenue.

Currently, the intersection is stop -controlled on South Pine Street, while West Pa rk Avenue remains uncontrolled. As a result, vehicles traveling on West Park Avenue are not required to stop, creating potential conflicts with pedestrians crossing the roadway.

To enhance pedestrian safety, staff recommends converting the intersection to a multi- way stop and installing marked crosswalks.

DISCUSSION:

Pursuant to Section 2B.07 of the California Manual on Uniform Traffic Control Devices, one of the acceptable criteria for installing multi -way stop controls is to address vehicle - pedestrian conflicts near areas with high pedestrian activity.

Pursuant to City Council Resolution No. 2061 and CAM 63 -15, a Traffic Committee was formed to “be responsible for the review, approval or denial, and recommendations to City 2 Council on all matters and re quests relating to traffic circulation and safety within the public right-of-way”. The Traffic Committee has reviewed this request and recommends establishing a multi-way stop control at the intersection. The City Council has the authority to locate, establish, or eliminate stop controls within the City.

Alternative(s)
The City Council can decide not to establish a multi-way stop control at the intersection of South Pine Street and West Park Avenue and continue to permit pedestrian crossings at the uncontrolled intersection using unmarked crosswalks.

Fiscal Considerations
The initial installation of stop signs and pavement markings will cost approximately $125 per stop sign, plus labor and ongoing maintenance.

Impact to the Community
Drivers traveling east or west on West Park Avenue will experience a minor delay, as they will be required to make a complete stop at the intersection.

ATTACHMENT(S)

A. Resolution
B. Proposed Multi-Way Stop South Pine Street and West Park Avenue

Attachment A
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,

ESTABLISHING A MULTI-WAY STOP CONTROL

AT THE INTERSECTION OF SOUTH PINE STREET

AND WEST PARK AVENUE

WHEREAS, it is in the best interest of the City of Santa Maria to establish stop sign control at certain locations within the City; and

WHEREAS, the City of Santa Maria Traffic Committee has reviewed and recommended establishment of a multi-way stop at the location described below.

NOW, THEREFORE, IT IS RESOLVED that pursuant to Section 7 -5.20 of the Santa Maria Municipal Code, a multi-way stop shall be established at the intersection of South Pine Street and West Park Avenue . Westbound and eastbound traffic on West Park Avenue shall be required to stop at the intersection at South Pine Street.

BE IT FURTHER RESOLVED by the City Council of the City of Santa Maria, California, as follows:

SECTION 1. The foregoing shall constitute traff ic regulations pursuant to ordinance; and

SECTION 2. All work is to be accomplished using the standards and methods approved by the Public Works Director. This shall be in accordance with standard City specifications, and the provisions of this resolution are to be carried out by erecting signs, painting marks and temporary markers and barricades required, and by such other indicators or devices as may be under provisions of the Vehicle Code of the State of California and regulations adopted pursuant thereto; and

SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 17th day of June 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Zoe Glick

PROPOSED MULTI-WAY STOP

SOUTH PINE STREET AND WEST PARK AVENUE
Title
Drawing No.Scale:Sheet:

City of Santa Maria
Department of Public Works
110 South Pine Street
Santa Maria, CA 93458
Drawn By:Approved By:

NTS1 of 1
N
David Beas
Attachment A
TC25-16
Attachment B

COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Brett Fulgoni, Director of Public Works

DATE: June 17, 2025

SUBJECT: Adoption of Resolutions to Award Seven Professional Services Agreements for On -Call Architecture and Structural Engineering Services

Description:

The City Council will consider approving the award of Architecture and Structural Engineering Professional Services Agreements to seven consultants: 1) 4Creeks, Inc.; 2) Andrew Goodwin Designs; 3) Hunter Smith & Associates, Inc.; 4) Omni Design, Inc.; 5) Reiss Design Studio, PC; 6) Roesling Nakamura Terada Architects, Inc.; and 7) Studio 2G Architects, LLP.

Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Env ironmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

RECOMMENDATIONS:

1. Adopt a Resolution awarding a Professional Services Agreement to 4Creeks, Inc. in the amount of $300,000 for On-Call Architecture and Structural Engineering Services; and

2. Adopt a Resolution awarding a Professional Services Agreement to Andrew Goodwin Designs in the amount of $300,000 for On -Call Architecture and Structural Engineering Services; an

3. Adopt a Resolution awarding a Professional Services Agreement to Hunter Smith & Associates, Inc. in the amount of $300,000 for On -Call Architecture and Structural Engineering Services; and

4. Adopt a Resolution awarding a Professional Services Agreement to Omni Design, Inc. in the amount of $300,000 for On -Call Architecture and Structural Engineering Services; and

5. Adopt a Resolution awarding a Professional Services Agreement to Reiss Design Studio, PC in the amount of $300,000 for On-Call Architecture and Structural Engineering Services; and

2 6. Adopt a Resolution awarding a Professional Services Agreement to Roesling Nakamura Terada Architects, Inc. in the amount of $300,000 for On-Call Architecture and Structural Engineering Services; and

7. Adopt a Resolution awarding a Professional Services Agreement to Roesling Nakamura Terada Architects, Inc. in the amount of $300,000 for On-Call Architecture and Structural Engineering Services; and

BACKGROUND:

The City owns, operates, and maintains municipal infrastructure, structures, and facilities throughout the City. The City has active and pending projects that require technical assistance from Architecture and Structural Engineering firms. While the City employs Civil Engineers on staff, the City does not have a licensed Architect or Structural Engineer on staff and must hire outside consultants for these services. Having on -call consultants who can provide these services will allow the City to deliver these projects in a timely manner.

DISCUSSION:

On March 10, 2025, a Request for Proposal (RFP) was issued and advertised through the City’s e -Procurement Portal, PlanetBids. A total of ten proposals were received on April 14, 2025.

Selection of the best-qualified firms was made in accor dance with the City’s Purchasing Guidelines. A selection committee, consisting of Engineering Division staff, independently evaluated and ranked the proposals. After deliberations, the top seven ranked firms chosen are as follows:

Firm and Location

1. 4Creeks, Inc., San Luis Obispo, CA

2. Andrew Goodwin Designs, San Luis Obispo, CA

3. Hunter Smith & Associates, Inc., San Luis Obispo, CA

4. Omni Design, Inc., San Luis Obispo, CA

5. Reiss Design Studio, PC, San Luis Obispo, CA

6. Roesling Nakamura Terada Architects, Inc., San Luis Obispo, CA

7. Studio 2G Architects, LLP., San Luis Obispo, CA

The proposed Professional Services Agreements would be managed by the Engineering Division, and on-call architecture and structural engineering services would also be made available to other Departments for funded projects.

3 Individual project task orders will be issued based on the firm ’s expertise, workload capacity, services to be performed, schedule requirements, and hourly rates submitted in their proposal. All task orders will be issued based on an agreed -upon, written scope of work, implementation schedule, and maximum fee arrangement negotiated on a project- by-project basis.

Alternative(s)
The City Council may decide not to award these Architecture and Structural Engineering Professional Services Agreements and direct staff to issue RFP’s for each project individually. However, th is alternative is not recommended as there is a significant backlog of funded projects for which outside Architecture and Structural Engineering Services are required to augment City staff. Further, having pre -approved, on-call, as- needed firms readily available will allow for more efficient and timely delivery of projects as multiple projects can be designed concurrently.

Fiscal Considerations
Fees for On -Call Architecture and Structural Engineering Services will be based on a project-by-project basis and directly charged to individual project budgets. Each project is separately approved and budgeted by City Council. The City is under no obligation to expend any funds under these professional services agreements.

Impact to the Community
Awarding these on-call agreements will enable the City to move forward more efficiently with critical building and facility improvements that directly impact public services and community amenities. Access to qualified architectural and structural engineering professionals will help ensure that projects are well -designed, safe, and responsive to community needs. This approach supports timely project delivery and minimizes service disruptions to residents.

ATTACHMENT(S)

A. Resolution - 4Creeks, Inc.

B. Resolution - Andrew Goodwin Designs
C. Resolution - Hunter Smith & Associates, Inc.

D. Resolution - Omni Design, Inc.

E. Resolution - Reiss Design Studio, PC
F. Resolution - Roesling Nakamura Terada Architects, Inc.

G. Resolution - Studio 2G Architects, LLP.

H. Agreement - 4Creeks, Inc.

I. IAgreement - Andrew Goodwin Designs
J. Agreement - Hunter Smith & Associates, Inc.

K. Agreement - Omni Design, Inc.

L. Agreement - Reiss Design Studio, PC
M. Agreement - Roesling Nakamura Terada Architects, Inc N. Agreement - Studio 2G Architects, LLP.

Attachment A

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,

AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO 4CREEKS, INC. IN THE AMOUNT OF $300,000 FOR ON-CALL

ARCHITECTURE AND STRUCTURAL ENGINEERING SERVICES

WHEREAS, the need exists for the City to obtain prompt professional Architecture and Structural Engineering Services to support municipal improvement projects; and

WHEREAS, on March 10, 2025, the City issued a Request for Proposal (RFP) for on-call Architecture and Structural Engineering Professional Services for projects within the City and notified firms that specialize in this work; including those firms who had expressed interest, as well as those who had previously completed work for the City; and

WHEREAS, on April 14, 2025, the city received ten proposals from firms that perform this work; and

WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and

WHEREAS, following deliberations, the selection committee determined that 4Creeks, Inc. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on-call Architecture and Structural Engineering Services; and,

WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the city, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and

WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

SECTION 1. A Professional Service s Agreement for on-call Architecture and Structural Engineering Services is awarded to 4Creeks, Inc., for a term that ends on June 30, 2026, at 11:59 pm, with an annual fee not to exceed $300,000; and

SECTION 2. The City Manager, or designee , is authorized to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal; and

SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 17th day of June 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Attachment B

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,

AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO ANDREW GOODWIN DESIGNS IN THE AMOUNT OF $300,000

FOR ON-CALL ARCHITECTURE AND STRUCTURAL ENGINEERING SERVICES

WHEREAS, the need exists for the City to obtain prompt professional Architecture and Structural Engineering Services to support municipal improvement projects; and

WHEREAS, on March 10, 2025, the City issued a Request for Proposal (RFP) for on-call Architecture and Structural Engineering Professional Services for projects within the City and notified firms that specialize in this work; including those firms who had expressed interest, as well as those who had previously completed work for the City; and

WHEREAS, on April 14, 2025, the city received ten proposals from firms that perform this work; and

WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and

WHEREAS, following deliberations, the selection committee determined that Andrew Goodwin Designs satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on-call Architecture and Structural Engineering Services; and

WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the city, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and

WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

SECTION 1. A Professional Service s Agreement for on-call Architecture and Structural Engineering Services is awarded to Andrew Goodwin Designs for a term that ends on June 30, 2026, at 11:59 pm, with an annual fee not to exceed $300,000; and

SECTION 2. The City Manager, or designee , is authorized to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal; and

SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 17th day of June 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Attachment C

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,

AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO HUNTER SMITH & ASSOCIATES, INC.

IN THE AMOUNT OF $300,000 FOR ON-CALL

ARCHITECTURE AND STRUCTURAL ENGINEERING SERVICES

WHEREAS, the need exists for the City to obtain prompt professional Architecture and Structural Engineering Services to support municipal improvement projects; and

WHEREAS, on March 10, 2025, the City issued a Request for Proposal (RFP) for on-call Architecture and Structural Engineering Professional Services for projects within the City and notified firms that specialize in this work; including those firms who had expressed interest, as well as those who had previously completed work for the City; and

WHEREAS, on April 14, 2025, the city received ten proposals from firms that perform this work; and

WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and

WHEREAS, following deliberations, the selection committee determined that Hunter Smith & Associates, Inc. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on-call Architecture and Structural Engineering Services; and

WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the city, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and

WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

SECTION 1. A Professional Service s Agreement for on-call Architecture and Structural Engineering Services is awarded to Hunter Smith & Associates, Inc., for a term that ends on June 30, 2026, at 11:59 pm, with an annual fee not to exceed $300,000; and

SECTION 2. The City Manager, or designee , is authorized to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal; and

SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 17th day of June 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Attachment D

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,

AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO OMNI DESIGN, INC. IN THE AMOUNT OF $300,000 FOR

ON-CALL ARCHITECTURE AND STRUCTURAL ENGINEERING SERVICES

WHEREAS, the need exists for the City to obtain prompt professional Architecture and Structural Engineering Services to support municipal improvement projects; and

WHEREAS, on March 10, 2025, the City issued a Request for Proposal (RFP) for on-call Architecture and Structural Engineering Professional Services for projects within the City and notified firms that specialize in this work; including those firms who had expressed interest, as well as those who had previously completed work for the City; and

WHEREAS, on April 14, 2025, the city received ten proposals from firms that perform this work; and

WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and

WHEREAS, following deliberations, the selection committee determined that Omni Design, Inc. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on-call Architecture and Structural Engineering Services; and

WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the city, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and

WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)( CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

SECTION 1. A Professional Service s Agreement for on-call Architecture and Structural Engineering Services is awarded to Omni Design, Inc., for a term that ends on June 30, 2026, at 11:59 pm, with an annual fee not to exceed $300,000; and

SECTION 2. The City Manager, or designee , is authorized to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal; and

SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 17th day of June 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Attachment E
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,

AWARDING A PROFESSIONAL SERVICES AGREEMENT TO
REISS DESIGN STUDIO, PC IN THE AMOUNT OF $300,000 FOR

ON-CALL ARCHITECTURE AND STRUCTURAL ENGINEERING SERVICES

WHEREAS, the need exists for the City to obtain prompt professional Architecture and Structural Engineering Services to support municipal improvement projects; and

WHEREAS, on March 10, 2025, the City issued a Request for Proposal (RFP) for on-call Architecture and Structural Engineering Professional Services for projects within the City and notified firms that specialize in this work; including those firms who had expressed interest, as well as those who had previously completed work for the City; and

WHEREAS, on April 14, 2025, the city received ten proposals from firms that perform this work; and

WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and

WHEREAS, following deliberations, the selection committee determined that Reiss Design Studio, PC satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on-call Architecture and Structural Engineering Services; and

WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the city, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and

WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

SECTION 1. A Professional Service s Agreement for on-call Architecture and Structural Engineering Services is awarded to Reiss Design Studio, PC, for a term that ends on June 30, 2026, at 11:59 pm, with an annual fee not to exceed $300,000; and

SECTION 2. The City Manager, or designee, is authorized to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal; and

SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 17th day of June 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Attachment F
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,

AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO ROESLING NAKAMURA TERADA ARCHITECTS, INC.

IN THE AMOUNT OF $300,000 FOR ON-CALL

ARCHITECTURE AND STRUCTURAL ENGINEERING SERVICES

WHEREAS, the need exists for the City to obtain prompt professional Architecture and Structural Engineering Services to support municipal improvement projects; and

WHEREAS, on March 10, 2025, the City issued a Request for Proposal (RFP) for on-call Architecture and Structural Engineering Professional Services for projects within the City and notified firms that specialize in this work; including those firms who had expressed interest, as well as those who had previously completed work for the City; and

WHEREAS, on April 14, 2025, the city received ten proposals from firms that perform this work; and

WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and

WHEREAS, following deliberations, the selection committee determined that Roesling Nakamura Terada Architects, Inc. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on -call Architecture and Structural Engineering Services; and

WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the city, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and

WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

SECTION 1. A Professional Service s Agreement for on-call Architecture and Structural Engineering Services is awarded to Roesling Nakamura Terada Architects, Inc., for a term that ends on June 30, 2026, at 11:59 pm , with an annual fee not to exceed $300,000; and

SECTION 2. The City Manager, or designee , is authorized to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal; and

SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 17th day of June 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Attachment G
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,

AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO STUDIO 2G ARCHITECTS, LLP
IN THE AMOUNT OF $300,000 FOR ON-CALL

ARCHITECTURE AND STRUCTURAL ENGINEERING SERVICES

WHEREAS, the need exists for the City to obtain prompt professional Architecture and Structural Engineering Services to support municipal improvement projects; and

WHEREAS, on March 10, 2025, the City issued a Request for Proposal (RFP) for on-call Architecture and Structural Engineering Professional Services for projects within the City and notified firms that specialize in this work; including those firms who had expressed interest, as well as those who had previously completed work for the City; and

WHEREAS, on April 14, 2025, the city received ten proposals from firms that perform this work; and

WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and

WHEREAS, following deliberations, the selection committee determined that Studio 2G Architects, LLP. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on-call Architecture and Structural Engineering Services; and

WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the city, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and

WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

SECTION 1. A Professional Service s Agreement for on-call Architecture and Structural Engineering Services is awarded to Studio 2G Architects, LLP., for a term that ends on June 30, 2026, at 11:59 pm, with an annual fee not to exceed $300,000; and

SECTION 2. The City Manager, or designee , is authorized to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal; and

SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 17th day of June 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Attachment H
1 Atty. Rev. 2021

AGREEMENT FOR PROFESSIONAL SERVICES

On-Call Architecture and Structural Engineering Services

This Agreement is made on June 17, 2025, by and between 4Creeks, Incorporated, a California Corporation (“Contractor”), and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and

WHEREAS, City has determined the Project involves the performance of engineering services of a temporary nature; and

WHEREAS, City does not have available employees to perform the services for the Project; and

WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and

WHEREAS, Contractor is registered or licensed in California to perform construction services for the Project.

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.01. Term and Termination.

The term of this contract is until 11:59 p.m. on June 30, 2026, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.

2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing On-Call Architecture and Structural Engineering services. More specifically, Contractor agrees to perform the specific services listed in Exhibit “A.”

2.03. City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit “B.”

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit “C.”

2.06. Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.

3. Contractor’s Obligations.

3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.

3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.

3.03. Status. Contractor (including its employees) is an independent contractor.

No employer/employee relati onship exists between Contractor and the City.

Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contrac tor under this agreement. Contractor (as a business entity, including its employees) is a “design professional” as defined by California Civil Code section 2782.8(c)(3).

3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgm ents, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor including its agents, subcontractors and employees. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRACTOR’s Response to Request for Proposals and whose rate sheets h ave been included in this Agreement.

Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.

CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTOR. CONTACTOR shall Attachment H
3 Atty. Rev. 2021

ensure that this Agreement is incorporated by reference into any Agreement with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.

4. Miscellaneous

4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:

To City:

David Beas, P.E.

Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:
4Creeks, Inc.

Attn: Will Ruoff
324 S. Santa Fe Street
Visalia, California 93292

If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.

4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.

4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.

4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.

4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.

4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

4.08. Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

4.09. Submittals. In addition to any other submittals required by this agreement, Contractor sha ll submit copies of its current business license and current certificate of workers’ compensation coverage to the City before beginning work on this project.

4.10. Prevailing Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors are required t o pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file a nd open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.

IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.

4CREEKS, INC., A California
Corporation
CITY OF SANTA MARIA, a California
Municipal Corporation.

___________________________
By: Will Ruoff
Principal Architect

___________________________
Brett Fulgoni
Public Works Director

ATTEST:

___________________________
Donna G. Schwartz, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment H

Atty. Rev. 2021

EXHIBIT “A”

SERVICES TO BE PERFORMED

1. Building Design : Professional and efficient development of new construction or renovation plans that successfully resolve a client’s space planning and design requirements.

2. Facility/Building Analysis/Existing Conditions Report : Evaluation of an existing building including components s uch as walls, windows, roofs, floor plans, room layouts, building science audits and equipment resulting in a summary report of the findings.

3. Code Analysis : Project -specific review of applicable codes including building codes, accessibility standards, ener gy standards, local zoning ordinances, land use plans, and other regulations.

4. Energy-Efficiency Assessments: Review of building components, insulation levels, heating and lighting systems, and operational features to assess current performance levels and opportunities for energy savings.

5. Feasibility Study with Cost Estimating : A report outlining options and associated costs for potential solutions to a stated project goal, for example, change of use for an existing structure. Often includes basic drawings or sketches explaining the solutions.

6. Space Planning: Graphic study showing arrangement of spaces, room layouts, and activities making up a floor plan. Studies will show room dimensions, shapes, number and types of spaces, and relationships (adjacencies) for all desired spaces. Multiple arrangements can be developed and evaluated for efficiency and functional success.

7. Site Planning: Development of site plan options showing boundary lines, potential development boundaries, building location(s), pedestrian access, sidewalks, parking, landscaping, lighting, surrounding context and other features.

8. Permitting: Production of drawings and permit applications necessary to submit for zoning or building permits. May include formal presentations to review boards or informal negotiation with regulators, zoning/planning administrators, fire marshals, and other officials.

9. Contractor Selection/Construction Administration Assistance: Professional and experienced assistance with the selection of qualified General Contractors or Construction Managers. This may include the preparation o f competitive bid packages, review of bids, recommendations for award of bids, preparing owner - contractor agreements, and construction administration.

10. Creative, Artistic & Technological Design : Imaginative , functional and aesthetic solutions to a client’s stated needs. Assistance with envisioning new, creative solutions to problems that have been difficult to solve.

Other services provided by architects:

 Historic preservation research, evaluation and design  Existing building measurement; preparation of existing building drawings  As-Built record drawings documenting existing or recently completed work  Master planning research and analysis
 Cost estimating related to design options
 Project information surveys
 Design team and process/integration management
 Conceptual design and regional/cultural context
 Sustainability and energy use/production analysis and design  Water and wastewater use analysis and design
 Project programming, pre-design planning
 Rating system (LEED, WELL, Passive House, etc.) coordination and management  Space utilization, functionality, economic and pre-design analysis  Indoor air quality and interior analysis
 Interior design
 Accessibility reviews and design
 Site selection, studies and design
 Land use analysis and design
 Landscape design
 Specifications writing, bid package preparation
 Consultant coordination and management
 Construction administration, time, cost and quality management  Public hearing and data collection assistance
 Contractor bidding, negotiation, contract and process assistance to the owner  Project-related public agency coordination and management  Illustration rendering and 3D design modeling

Attachment H

Atty. Rev. 2021

EXHIBIT “B”

PAYMENT

I. Progress Authorization

This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.

Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.

During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.

The aggregate not-to-exceed fee for all tasks provided during the initial two -year term of the Agreement shall be $300,000.

II. Invoice procedure.

A. Payment shall be at the conclusion of the Project based on the billable charges.

B. The Consultant shall present the bill for charges by the second day of the month.

C. The Consultant's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subconsultants, and other direct costs incurred.

III. Maximum billable amounts

Under no circumstance shall the total of all payments to the Consultant exceed ninety percent (90%) of the maximum not-to-exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".

Attachment H

Atty. Rev. 2021

EXHIBIT “C”

INSURANCE REQUIREMENTS

Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of in tellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

1. General Liability - $2,000,000 per occurrence for 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/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Statutory limits.

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

6. Cyber Liability - $2,000,000 per occurrence or claim, $2,000,000 aggregate.

C. Self-insured Retentions

Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.

D. Other Insurance Requirements

The liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or
Attachment H

Atty. Rev. 2021

operations. General liability coverage can be provided in the form or an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, official s, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this
Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.

4. Consultant here by grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation
endorsement from the insurer.

5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date mus t be shown, and must be
before the date of the contract or the beginning of
contract work.
b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years
after completion of the contract of work.
c. If coverage is ca nceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting”
coverage for a minimum of five (5) years after
completion of work.

E. Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

F. Verification of Coverage

Consultant shall furnish the City with original ce rtificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the requi red documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage requ ired by these specifications at any time.

G. Special Risks or Circumstances

The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Attachment I

1 Atty. Rev. 2021

AGREEMENT FOR PROFESSIONAL SERVICES

On-Call Architecture and Structural Engineering Services

This Agreement is made on June 17, 202 5, by and between Andrew Goodwin Designs, a California Corporation (“Contractor”), and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and

WHEREAS, City has determined the Project involves the performance of engineering services of a temporary nature; and

WHEREAS, City does not have available employees to perform the services for the Project; and

WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and

WHEREAS, Contractor is registered or licensed in California to perform construction services for the Project.

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.01. Term and Termination.

The term of this contract is until 11:59 p.m. on June 30, 2026, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.

2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing On-Call Architecture and Structural Engineering services. More specifically, Contractor agrees to perform the specific services listed in Exhibit “A.”

2.03. City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit “B.”

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit “C.”

2.06. Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.

3. Contractor’s Obligations.

3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.

3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.

3.03. Status. Contractor (including its employees) is an independent contractor.

No employer/employee relati onship exists between Contractor and the City.

Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contrac tor under this agreement. Contractor (as a business entity, including its employees) is a “design professional” as defined by California Civil Code section 2782.8(c)(3).

3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgm ents, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor including its agents, subcontractors and employees. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRACTOR’s Response to Request for Proposals and whose rate sheets h ave been included in this Agreement.

Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.

CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTOR. CONTACTOR shall Attachment I

3 Atty. Rev. 2021

ensure that this Agreement is incorporated by reference into any Agreement with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.

4. Miscellaneous

4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:

To City:

David Beas, P.E.

Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:

Andrew Goodwin Designs
Attn: Andrew Goodwin
1238 Monterey Street
San Luis Obispo, California 93401

If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.

4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to t he subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.

4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.

4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.

4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.

4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

4.08. Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers’ compensation coverage to the City before beginning work on this project.

4.10. Prevailing Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determi nation is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.

IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.

ANDREW GOODWIN DESIGN, a
California Corporation
CITY OF SANTA MARIA, a California
Municipal Corporation

___________________________
By: Andrew Goodwin
Architect, Owner

___________________________
Brett Fulgoni
Public Works Director

ATTEST:

___________________________
Donna G. Schwartz, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment I

Atty. Rev. 2021

EXHIBIT “A”

SERVICES TO BE PERFORMED

1. Building Design : Professional and efficient development of new construction or renovation plans that successfully resolve a client’s space planning and design requirements.

2. Facility/Building Analysis/Existing Conditions Report : Evaluation of an existing building including components s uch as walls, windows, roofs, floor plans, room layouts, building science audits and equipment resulting in a summary report of the findings.

3. Code Analysis : Project -specific review of applicable codes including building codes, accessibility standards, ener gy standards, local zoning ordinances, land use plans, and other regulations.

4. Energy-Efficiency Assessments: Review of building components, insulation levels, heating and lighting systems, and operational features to assess current performance levels and opportunities for energy savings.

5. Feasibility Study with Cost Estimating : A report outlining options and associated costs for potential solutions to a stated project goal, for example, change of use for an existing structure. Often includes basic drawings or sketches explaining the solutions.

6. Space Planning: Graphic study showing arrangement of spaces, room layouts, and activities making up a floor plan. Studies will show room dimensions, shapes, number and types of spaces, and relationships (adjacencies) for all desired spaces. Multiple arrangements can be developed and evaluated for efficiency and functional success.

7. Site Planning: Development of site plan options showing boundary lines, potential development boundaries, building location(s), pedestrian access, sidewalks, parking, landscaping, lighting, surrounding context and other features.

8. Permitting: Production of drawings and permit applications necessary to submit for zoning or building permits. May include formal presentations to review boards or informal negotiation with regulators, zoning/planning administrators, fire marshals, and other officials.

9. Contractor Selection/Construction Administration Assistance: Professional and experienced assistance with the selection of qualified General Contractors or Construction Managers. This may include the preparation o f competitive bid packages, review of bids, recommendations for award of bids, preparing owner - contractor agreements, and construction administration.

10. Creative, Artistic & Technological Design : Imaginative , functional and aesthetic solutions to a client’s stated needs. Assistance with envisioning new, creative solutions to problems that have been difficult to solve.

Other services provided by architects:

 Historic preservation research, evaluation and design  Existing building measurement; preparation of existing building drawings  As-Built record drawings documenting existing or recently completed work  Master planning research and analysis
 Cost estimating related to design options
 Project information surveys
 Design team and process/integration management
 Conceptual design and regional/cultural context
 Sustainability and energy use/production analysis and design  Water and wastewater use analysis and design
 Project programming, pre-design planning
 Rating system (LEED, WELL, Passive House, etc.) coordination and management  Space utilization, functionality, economic and pre-design analysis  Indoor air quality and interior analysis
 Interior design
 Accessibility reviews and design
 Site selection, studies and design
 Land use analysis and design
 Landscape design
 Specifications writing, bid package preparation
 Consultant coordination and management
 Construction administration, time, cost and quality management  Public hearing and data collection assistance
 Contractor bidding, negotiation, contract and process assistance to the owner  Project-related public agency coordination and management  Illustration rendering and 3D design modeling

Attachment I

Atty. Rev. 2021

EXHIBIT “B”

PAYMENT

I. Progress Authorization

This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.

Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.

During the duration of this Master Agreement the City will identif y individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.

The aggregate not-to-exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.

II. Invoice procedure.

A. Payment shall be at the conclusion of the Project based on the billable charges.

B. The Consultant shall present the bill for charges by the second day of the month.

C. The Consultant's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subconsultants, and other direct costs incurred.

III. Maximum billable amounts

Under no circumstance shall the total of all payments to the Consultant exceed ninety percent (90%) of the maximum not-to-exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".

Attachment I

Atty. Rev. 2021

EXHIBIT “C”

INSURANCE REQUIREMENTS

Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limite d to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network secur ity. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

1. General Liability - $2,000,000 per occurrence for 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/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Statutory limits.

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

6. Cyber Liability - $2,000,000 per occurrence or claim, $2,000,000 aggregate.

C. Self-insured Retentions

Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.

D. Other Insurance Requirements

The liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such wor k or
Attachment I

Atty. Rev. 2021

operations. General liability coverage can be provided in the form or an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this
Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.

4. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any
endorsement that may be necessary to aff ect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation
endorsement from the insurer.

5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be
before the date of the contract or the beginning of
contract work.
b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years
after completion of the contract of work.
c. If coverage i s canceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting”
coverage for a minimum of five (5) years after
completion of work.

E. Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

F. Verification of Coverage

Consultant shall furnish the City with origina l certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the r equired documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

G. Special Risks or Circumstances

The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Attachment J

1 Atty. Rev. 2021

AGREEMENT FOR PROFESSIONAL SERVICES

On-Call Architecture and Structural Engineering Services

This Agreement is made on June 17, 202 5, by and between Hunter Smith & Associates, Incorporated, a California Corporation (“Contractor”) , and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and

WHEREAS, City has determined the Project involves the performance of engineering services of a temporary nature; and

WHEREAS, City does not have available employees to perform the services for the Project; and

WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and

WHEREAS, Contractor is registered or licensed in California to perform construction services for the Project.

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.01. Term and Termination.

The term of this contract is until 11:59 p.m. on June 30, 2026, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.

2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing On-Call Architecture and Structural Engineering services. More specifically, Contractor agrees to perform the specific services listed in Exhibit “A.”

2.03. City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit “B.”

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit “C.”

2.06. Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.

3. Contractor’s Obligations.

3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.

3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.

3.03. Status. Contractor (including its employees) is an independent contractor.

No employer/employee relati onship exists between Contractor and the City.

Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contrac tor under this agreement. Contractor (as a business entity, including its employees) is a “design professional” as defined by California Civil Code section 2782.8(c)(3).

3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgm ents, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor including its agents, subcontractors and employees. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRACTOR’s Response to Request for Proposals and whose rate sheets h ave been included in this Agreement.

Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.

CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTOR. CONTACTOR shall Attachment J

3 Atty. Rev. 2021

ensure that this Agreement is incorporated by reference into any Agreement with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.

4. Miscellaneous

4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:

To City:

David Beas, P.E.

Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:

Hunter Smith & Associates, Inc.

Attn: Logan Hunter
860 Walnut Street, Suite B
San Luis Obispo, CA 93401

If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.

4.03. Integration. This agreement constitutes the entire agreement of the parties with resp ect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.

4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.

4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.

4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.

4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

4.08. Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers’ compensation coverage to the City before beginning work on this project.

4.10. Prevailing Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's de termination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.

IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.

HUNTER SMITH & ASSOCIATES,
INC., A California Corporation
CITY OF SANTA MARIA, a California
Municipal Corporation

___________________________
By: Logan Hunter
Vice President

___________________________
Brett Fulgoni
Public Works Director

ATTEST:

___________________________
Donna G. Schwartz, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment J

Atty. Rev. 2021

EXHIBIT “A”

SERVICES TO BE PERFORMED

1. Building Design : Professional and efficient development of new construction or renovation plans that successfully resolve a client’s space planning and design requirements.

2. Facility/Building Analysis/Existing Conditions Report : Evaluation of an existing building including components s uch as walls, windows, roofs, floor plans, room layouts, building science audits and equipment resulting in a summary report of the findings.

3. Code Analysis : Project -specific review of applicable codes including building codes, accessibility standards, ener gy standards, local zoning ordinances, land use plans, and other regulations.

4. Energy-Efficiency Assessments: Review of building components, insulation levels, heating and lighting systems, and operational features to assess current performance levels and opportunities for energy savings.

5. Feasibility Study with Cost Estimating : A report outlining options and associated costs for potential solutions to a stated project goal, for example, change of use for an existing structure. Often includes basic drawings or sketches explaining the solutions.

6. Space Planning: Graphic study showing arrangement of spaces, room layouts, and activities making up a floor plan. Studies will show room dimensions, shapes, number and types of spaces, and relationships (adjacencies) for all desired spaces. Multiple arrangements can be developed and evaluated for efficiency and functional success.

7. Site Planning: Development of site plan options showing boundary lines, potential development boundaries, building location(s), pedestrian access, sidewalks, parking, landscaping, lighting, surrounding context and other features.

8. Permitting: Production of drawings and permit applications necessary to submit for zoning or building permits. May include formal presentations to review boards or informal negotiation with regulators, zoning/planning administrators, fire marshals, and other officials.

9. Contractor Selection/Construction Administration Assistance: Professional and experienced assistance with the selection of qualified General Contractors or Construction Managers. This may include the preparation o f competitive bid packages, review of bids, recommendations for award of bids, preparing owner - contractor agreements, and construction administration.

10. Creative, Artistic & Technological Design : Imaginative , functional and aesthetic solutions to a client’s stated needs. Assistance with envisioning new, creative solutions to problems that have been difficult to solve.

Other services provided by architects:

 Historic preservation research, evaluation and design  Existing building measurement; preparation of existing building drawings  As-Built record drawings documenting existing or recently completed work  Master planning research and analysis
 Cost estimating related to design options
 Project information surveys
 Design team and process/integration management
 Conceptual design and regional/cultural context
 Sustainability and energy use/production analysis and design  Water and wastewater use analysis and design
 Project programming, pre-design planning
 Rating system (LEED, WELL, Passive House, etc.) coordination and management  Space utilization, functionality, economic and pre-design analysis  Indoor air quality and interior analysis
 Interior design
 Accessibility reviews and design
 Site selection, studies and design
 Land use analysis and design
 Landscape design
 Specifications writing, bid package preparation
 Consultant coordination and management
 Construction administration, time, cost and quality management  Public hearing and data collection assistance
 Contractor bidding, negotiation, contract and process assistance to the owner  Project-related public agency coordination and management  Illustration rendering and 3D design modeling

Attachment J

Atty. Rev. 2021

EXHIBIT “B”

PAYMENT

I. Progress Authorization

This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.

Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.

During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.

The aggregate not-to-exceed fee for all tasks provided during the initial two -year term of the Agreement shall be $300,000.

II. Invoice procedure.

A. Payment shall be at the conclusion of the Project based on the billable charges.

B. The Consultant shall present the bill for charges by the second day of the month.

C. The Consultant's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subconsultants, and other direct costs incurred.

III. Maximum billable amounts

Under no circumstance shall the total of all payments to the Consultant exceed ninety percent (90%) of the maximum not-to-exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".

Attachment J

Atty. Rev. 2021

EXHIBIT “C”

INSURANCE REQUIREMENTS

Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage , bodily injury and personal & advertising injury.

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

1. General Liability - $2,000,000 per occurrence for 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/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Statutory limits.

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

6. Cyber Liability - $2,000,000 per occurrence or claim, $2,000,000 aggregate.

C. Self-insured Retentions

Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.

D. Other Insurance Requirements

The liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed Attachment J

Atty. Rev. 2021

by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or
operations. General liability coverage can be provided in the form or an endorsement to the Consultant’s insurance (at least as broad as IS O Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to thi s
Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.

4. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation
endorsement from the insurer.

5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be
before the date of the contract or the beginning of
contract work.
b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years
after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting”
coverage for a minimum of five (5) y ears after
completion of work.

E. Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

F. Verification of Coverage

Consultant shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

G. Special Risks or Circumstances

The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experienc e, insurer, coverage, or other special circumstances.

Attachment K
1 Atty. Rev. 2021

AGREEMENT FOR PROFESSIONAL SERVICES

On-Call Architecture and Structural Engineering Services

This Agreement is made on June 17, 202 5, by and between Omni Design Incorporated, a California Corporation (“Contractor”) , and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and

WHEREAS, City has determined the Project involves the performance of engineering services of a temporary nature; and

WHEREAS, City does not have available employees to perform the services for the Project; and

WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and

WHEREAS, Contractor is registered or licensed in California to perform construction services for the Project.

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.01. Term and Termination.

The term of this contract is until 11:59 p.m. on June 30, 2026, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.

2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing On-Call Architecture and Structural Engineering services. More specifically, Contractor agrees to perform the specific services listed in Exhibit “A.”

2.03. City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit “B.”

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit “C.”

2.06. Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.

3. Contractor’s Obligations.

3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.

3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.

3.03. Status. Contractor (including its employees) is an independent contractor.

No employer/employee relati onship exists between Contractor and the City.

Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contrac tor under this agreement. Contractor (as a business entity, including its employees) is a “design professional” as defined by California Civil Code section 2782.8(c)(3).

3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgm ents, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor including its agents, subcontractors and employees. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRACTOR’s Response to Request for Proposals and whose rate sheets h ave been included in this Agreement.

Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.

CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTOR. CONTACTOR shall Attachment K
3 Atty. Rev. 2021

ensure that this Agreement is incorporated by reference into any Agreement with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.

4. Miscellaneous

4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:

To City:

David Beas, P.E.

Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:

Omni Design Incorporated
Attn: Juan Pablo Cal y Mayor
1326 Chorro Street
San Luis Obispo, CA 93401

If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.

4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to t he subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.

4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.

4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.

4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.

4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

4.08. Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers’ compensation coverage to the City before beginning work on this project.

4.10. Prevailing Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determi nation is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.

IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.

OMNI DESIGN, A California Corporation CITY OF SANTA MARIA, a California Municipal Corporation.

___________________________
By: Juan Pablo Cal y Mayor
CEO

___________________________
Brett Fulgoni
Public Works Director

ATTEST:

___________________________
Donna G. Schwartz, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment K

Atty. Rev. 2021

EXHIBIT “A”

SERVICES TO BE PERFORMED

1. Building Design : Professional and efficient development of new construction or renovation plans that successfully resolve a client’s space planning and design requirements.

2. Facility/Building Analysis/Existing Conditions Report : Evaluation of an existing building including components s uch as walls, windows, roofs, floor plans, room layouts, building science audits and equipment resulting in a summary report of the findings.

3. Code Analysis : Project -specific review of applicable codes including building codes, accessibility standards, ener gy standards, local zoning ordinances, land use plans, and other regulations.

4. Energy-Efficiency Assessments: Review of building components, insulation levels, heating and lighting systems, and operational features to assess current performance levels and opportunities for energy savings.

5. Feasibility Study with Cost Estimating : A report outlining options and associated costs for potential solutions to a stated project goal, for example, change of use for an existing structure. Often includes basic drawings or sketches explaining the solutions.

6. Space Planning: Graphic study showing arrangement of spaces, room layouts, and activities making up a floor plan. Studies will show room dimensions, shapes, number and types of spaces, and relationships (adjacencies) for all desired spaces. Multiple arrangements can be developed and evaluated for efficiency and functional success.

7. Site Planning: Development of site plan options showing boundary lines, potential development boundaries, building location(s), pedestrian access, sidewalks, parking, landscaping, lighting, surrounding context and other features.

8. Permitting: Production of drawings and permit applications necessary to submit for zoning or building permits. May include formal presentations to review boards or informal negotiation with regulators, zoning/planning administrators, fire marshals, and other officials.

9. Contractor Selection/Construction Administration Assistance: Professional and experienced assistance with the selection of qualified General Contractors or Construction Managers. This may include the preparation o f competitive bid packages, review of bids, recommendations for award of bids, preparing owner - contractor agreements, and construction administration.

10. Creative, Artistic & Technological Design : Imaginative , functional and aesthetic solutions to a client’s stated needs. Assistance with envisioning new, creative solutions to problems that have been difficult to solve.

Other services provided by architects:

 Historic preservation research, evaluation and design  Existing building measurement; preparation of existing building drawings  As-Built record drawings documenting existing or recently completed work  Master planning research and analysis
 Cost estimating related to design options
 Project information surveys
 Design team and process/integration management
 Conceptual design and regional/cultural context
 Sustainability and energy use/production analysis and design  Water and wastewater use analysis and design
 Project programming, pre-design planning
 Rating system (LEED, WELL, Passive House, etc.) coordination and management  Space utilization, functionality, economic and pre-design analysis  Indoor air quality and interior analysis
 Interior design
 Accessibility reviews and design
 Site selection, studies and design
 Land use analysis and design
 Landscape design
 Specifications writing, bid package preparation
 Consultant coordination and management
 Construction administration, time, cost and quality management  Public hearing and data collection assistance
 Contractor bidding, negotiation, contract and process assistance to the owner  Project-related public agency coordination and management  Illustration rendering and 3D design modeling

Attachment K

Atty. Rev. 2021

EXHIBIT “B”

PAYMENT

I. Progress Authorization

This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.

Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.

During the duration of this Master Agreement the City will identif y individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.

The aggregate not-to-exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.

II. Invoice procedure.

A. Payment shall be at the conclusion of the Project based on the billable charges.

B. The Consultant shall present the bill for charges by the second day of the month.

C. The Consultant's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subconsultants, and other direct costs incurred.

III. Maximum billable amounts

Under no circumstance shall the total of all payments to the Consultant exceed ninety percent (90%) of the maximum not-to-exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".

Attachment K

Atty. Rev. 2021

EXHIBIT “C”

INSURANCE REQUIREMENTS

Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limit ed to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network secu rity. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

1. General Liability - $2,000,000 per occurrence for 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/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Statutory limits.

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

6. Cyber Liability - $2,000,000 per occurrence or claim, $2,000,000 aggregate.

C. Self-insured Retentions

Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.

D. Other Insurance Requirements

The liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or
Attachment K

Atty. Rev. 2021

operations. General liability coverage can be provided in the form or an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, official s, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this
Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.

4. Consultant here by grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation
endorsement from the insurer.

5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be
before the date of the contract or the beginning of
contract work.
b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years
after completion of the contract of work.
c. If coverage is ca nceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting”
coverage for a minimum of five (5) years after
completion of work.

E. Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

F. Verification of Coverage

Consultant shall furnish the City with original ce rtificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the requi red documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

G. Special Risks or Circumstances

The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Attachment L
1 Atty. Rev. 2021

AGREEMENT FOR PROFESSIONAL SERVICES

On-Call Architecture and Structural Engineering Services

This Agreement is made on June 17, 2025, by and between Reiss Design Studio, PC, a California Corporation (“Contractor”) , and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and

WHEREAS, City has determined the Project involves the performance of engineering services of a temporary nature; and

WHEREAS, City does not have available employees to perform the services for the Project; and

WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and

WHEREAS, Contractor is registered or licensed in California to perform construction services for the Project.

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.01. Term and Termination.

The term of this contract is until 11:59 p.m. on June 30, 2026, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.

2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing On-Call Architecture and Structural Engineering services. More specifically, Contractor agrees to perform the specific services listed in Exhibit “A.”

2.03. City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit “B.”

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit “C.”

2.06. Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.

3. Contractor’s Obligations.

3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.

3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.

3.03. Status. Contractor (including its employees) is an independent contractor.

No employer/employee relati onship exists between Contractor and the City.

Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contrac tor under this agreement. Contractor (as a business entity, including its employees) is a “design professional” as defined by California Civil Code section 2782.8(c)(3).

3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgm ents, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor including its agents, subcontractors and employees. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRACTOR’s Response to Request for Proposals and whose rate sheets h ave been included in this Agreement.

Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.

CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTOR. CONTACTOR shall Attachment L
3 Atty. Rev. 2021

ensure that this Agreement is incorporated by reference into any Agreement with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.

4. Miscellaneous

4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:

To City:

David Beas, P.E.

Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:

Reiss Design Studio, PC
Attn: Shana Reiss
735 Tank Farm Road, Suite 150
San Luis Obispo, CA93401

If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.

4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.

4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.

4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.

4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.

4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

4.08. Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current busines s license and current certificate of workers’ compensation coverage to the City before beginning work on this project.

4.10. Prevailing Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.

IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.

REISS DESIGN STUDIO, PC, A
California Corporation
CITY OF SANTA MARIA, a California
Municipal Corporation

___________________________
By: Shana Reiss
President

___________________________
Brett Fulgoni
Public Works Director

ATTEST:

___________________________
Donna G. Schwartz, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment L

Atty. Rev. 2021

EXHIBIT “A”

SERVICES TO BE PERFORMED

1. Building Design : Professional and efficient development of new construction or renovation plans that successfully resolve a client’s space planning and design requirements.

2. Facility/Building Analysis/Existing Conditions Report : Evaluation of an existing building including components s uch as walls, windows, roofs, floor plans, room layouts, building science audits and equipment resulting in a summary report of the findings.

3. Code Analysis : Project -specific review of applicable codes including building codes, accessibility standards, ener gy standards, local zoning ordinances, land use plans, and other regulations.

4. Energy-Efficiency Assessments: Review of building components, insulation levels, heating and lighting systems, and operational features to assess current performance levels and opportunities for energy savings.

5. Feasibility Study with Cost Estimating : A report outlining options and associated costs for potential solutions to a stated project goal, for example, change of use for an existing structure. Often includes basic drawings or sketches explaining the solutions.

6. Space Planning: Graphic study showing arrangement of spaces, room layouts, and activities making up a floor plan. Studies will show room dimensions, shapes, number and types of spaces, and relationships (adjacencies) for all desired spaces. Multiple arrangements can be developed and evaluated for efficiency and functional success.

7. Site Planning: Development of site plan options showing boundary lines, potential development boundaries, building location(s), pedestrian access, sidewalks, parking, landscaping, lighting, surrounding context and other features.

8. Permitting: Production of drawings and permit applications necessary to submit for zoning or building permits. May include formal presentations to review boards or informal negotiation with regulators, zoning/planning administrators, fire marshals, and other officials.

9. Contractor Selection/Construction Administration Assistance: Professional and experienced assistance with the selection of qualified General Contractors or Construction Managers. This may include the preparation o f competitive bid packages, review of bids, recommendations for award of bids, preparing owner - contractor agreements, and construction administration.

10. Creative, Artistic & Technological Design : Imaginative , functional and aesthetic solutions to a client’s stated needs. Assistance with envisioning new, creative solutions to problems that have been difficult to solve.

Other services provided by architects:

 Historic preservation research, evaluation and design  Existing building measurement; preparation of existing building drawings  As-Built record drawings documenting existing or recently completed work  Master planning research and analysis
 Cost estimating related to design options
 Project information surveys
 Design team and process/integration management
 Conceptual design and regional/cultural context
 Sustainability and energy use/production analysis and design  Water and wastewater use analysis and design
 Project programming, pre-design planning
 Rating system (LEED, WELL, Passive House, etc.) coordination and management  Space utilization, functionality, economic and pre-design analysis  Indoor air quality and interior analysis
 Interior design
 Accessibility reviews and design
 Site selection, studies and design
 Land use analysis and design
 Landscape design
 Specifications writing, bid package preparation
 Consultant coordination and management
 Construction administration, time, cost and quality management  Public hearing and data collection assistance
 Contractor bidding, negotiation, contract and process assistance to the owner  Project-related public agency coordination and management  Illustration rendering and 3D design modeling

Attachment L

Atty. Rev. 2021

EXHIBIT “B”

PAYMENT

I. Progress Authorization

This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.

Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.

During the duration of this Master Agreement the City will identif y individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.

The aggregate not-to-exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.

II. Invoice procedure.

A. Payment shall be at the conclusion of the Project based on the billable charges.

B. The Consultant shall present the bill for charges by the second day of the month.

C. The Consultant's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subconsultants, and other direct costs incurred.

III. Maximum billable amounts

Under no circumstance shall the total of all payments to the Consultant exceed ninety percent (90%) of the maximum not-to-exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".

Attachment L

Atty. Rev. 2021

EXHIBIT “C”

INSURANCE REQUIREMENTS

Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion a nd network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

1. General Liability - $2,000,000 per occurrence for 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/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Statutory limits.

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

6. Cyber L iability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

C. Self-insured Retentions

Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.

D. Other Insurance Requirements

The liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed Attachment L

Atty. Rev. 2021

by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or
operations. General liability coverage can be provided in the form or an endorsement to the Consultant’s insurance (at least as broad as IS O Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this
Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this A greement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.

4. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation
endorsement from the insurer.

5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be
before the date of the contract or the beginning of
contract work.
b. In surance must be maintained and evidence of
insurance must be provided for at least five (5) years
after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting”
coverage for a minimum of five (5) years after
completion of work.

E. Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Be st's rating of no less than A:VII, unless otherwise acceptable to the City.

F. Verification of Coverage

Consultant shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

G. Special Risks or Circumstances

The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experienc e, insurer, coverage, or other special circumstances.

Attachment M
1 Atty. Rev. 2021

AGREEMENT FOR PROFESSIONAL SERVICES

On-Call Architecture and Structural Engineering Services

This Agreement is made on June 17, 2025, by and between Roesling Nakamura Terada Architects, Incorporated, a California Corporation (“Contractor”) , and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and

WHEREAS, City has determined the Project involves the performance of engineering services of a temporary nature; and

WHEREAS, City does not have available employees to perform the services for the Project; and

WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and

WHEREAS, Contractor is registered or licensed in California to perform construction services for the Project.

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.01. Term and Termination.

The term of this contract is until 11:59 p.m. on June 30, 2026, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.

2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing On-Call Architecture and Structural Engineering services. More specifically, Contractor agrees to perform the specific services listed in Exhibit “A.”

2.03. City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit “B.”

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit “C.”

2.06. Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.

3. Contractor’s Obligations.

3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.

3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.

3.03. Status. Contractor (including its employees) is an independent contractor.

No employer/employee relati onship exists between Contractor and the City.

Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contrac tor under this agreement. Contractor (as a business entity, including its employees) is a “design professional” as defined by California Civil Code section 2782.8(c)(3).

3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgm ents, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor including its agents, subcontractors and employees. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRACTOR’s Response to Request for Proposals and whose rate sheets h ave been included in this Agreement.

Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.

CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTOR. CONTACTOR shall Attachment M
3 Atty. Rev. 2021

ensure that this Agreement is incorporated by reference into any Agreement with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.

4. Miscellaneous

4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:

To City:

David Beas, P.E.

Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:

Roesling Nakamura Terada Architects, Inc
Attn: Chris Bradbury
285 N Ventura Avenue
Ventura, California 93001

If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.

4.03. Integration. This agreement constitutes the entire agreement of the parties with resp ect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.

4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.

4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.

4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.

4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

4.08. Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers’ compensation coverage to the City before beginning work on this project.

4.10. Prevailing Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.

IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.

ROESLING NAKAMURA TERADA
ARCHITECTS, INC, A California
Corporation
CITY OF SANTA MARIA, a California
Municipal Corporation

___________________________
By: Chris Bradbury, AIA, NCARB,

LEED AP
Principle

___________________________
Brett Fulgoni
Public Works Director

ATTEST:

___________________________
Donna G. Schwartz, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager
Attachment M

Atty. Rev. 2021

EXHIBIT “A”

SERVICES TO BE PERFORMED

1. Building Design : Professional and efficient development of new construction or renovation plans that successfully resolve a client’s space planning and design requirements.

2. Facility/Building Analysis/Existing Conditions Report : Evaluation of an existing building including components s uch as walls, windows, roofs, floor plans, room layouts, building science audits and equipment resulting in a summary report of the findings.

3. Code Analysis : Project -specific review of applicable codes including building codes, accessibility standards, ener gy standards, local zoning ordinances, land use plans, and other regulations.

4. Energy-Efficiency Assessments: Review of building components, insulation levels, heating and lighting systems, and operational features to assess current performance levels and opportunities for energy savings.

5. Feasibility Study with Cost Estimating : A report outlining options and associated costs for potential solutions to a stated project goal, for example, change of use for an existing structure. Often includes basic drawings or sketches explaining the solutions.

6. Space Planning: Graphic study showing arrangement of spaces, room layouts, and activities making up a floor plan. Studies will show room dimensions, shapes, number and types of spaces, and relationships (adjacencies) f or all desired spaces. Multiple arrangements can be developed and evaluated for efficiency and functional success.

7. Site Planning: Development of site plan options showing boundary lines, potential development boundaries, building location(s), pedestrian a ccess, sidewalks, parking, landscaping, lighting, surrounding context and other features.

8. Permitting: Production of drawings and permit applications necessary to submit for zoning or building permits. May include formal presentations to review boards or informal negotiation with regulators, zoning/planning administrators, fire marshals, and other officials.

9. Contractor Selection/Construction Administration Assistance: Professional and experienced assistance with the selection of qualified General Contractors or Construction Managers. This may include the preparation of competitive bid packages, review of bids, recomme ndations for award of bids, preparing owner - contractor agreements, and construction administration.

10. Creative, Artistic & Technological Design : Imaginative , functional and aesthetic solutions to a client’s stated needs. Assistance with envisioning new, crea tive solutions to problems that have been difficult to solve.

Other services provided by architects:

 Historic preservation research, evaluation and design  Existing building measurement; preparation of existing building drawings  As-Built record drawings documenting existing or recently completed work  Master planning research and analysis
 Cost estimating related to design options
 Project information surveys
 Design team and process/integration management
 Conceptual design and regional/cultural context
 Sustainability and energy use/production analysis and design  Water and wastewater use analysis and design
 Project programming, pre-design planning
 Rating system (LEED, WELL, Passive House, etc.) coordination and management  Space utilization, functionality, economic and pre-design analysis  Indoor air quality and interior analysis
 Interior design
 Accessibility reviews and design
 Site selection, studies and design
 Land use analysis and design
 Landscape design
 Specifications writing, bid package preparation
 Consultant coordination and management
 Construction administration, time, cost and quality management  Public hearing and data collection assistance
 Contractor bidding, negotiation, contract and process assistance to the owner  Project-related public agency coordination and management  Illustration rendering and 3D design modeling

Attachment M

Atty. Rev. 2021

EXHIBIT “B”

PAYMENT

I. Progress Authorization

This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.

Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.

During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedu le, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.

The aggregate not-to-exceed fee for all tasks provided during the initial two -year term of the Agreement shall be $300,000.

II. Invoice procedure.

A. Payment shall be at the conclusion of the Project based on the billable charges.

B. The Consultant shall present the bill for charges by the second day of the month.

C. The Consultant's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subconsultants, and other direct costs incurred.

III. Maximum billable amounts

Under no circumstance shall the total of all payments to the Consultant exceed ninety percent (90%) of the maximum not-to-exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".

Attachment M

Atty. Rev. 2021

EXHIBIT “C”

INSURANCE REQUIREMENTS

Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trad e dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for bre ach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

1. General Liability - $2,000,000 per occurrence for 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/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Statutory limits.

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

6. Cyber Liability - $2,000,000 per occurrence or claim, $2,000,000 aggregate.

C. Self-insured Retentions

Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.

D. Other Insurance Requirements

The liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed Attachment M

Atty. Rev. 2021

by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or
operations. General liability coverage can be provided in the form or an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, official s, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

3. Each insurance policy required by th is clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this
Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.

4. Consultant hereby grants to City a waiver of any ri ght to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation
endorsement from the insurer.

5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be
before the d ate of the contract or the beginning of
contract work.
b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years
after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting”
coverage for a minimum of five (5) years after
completion of work.

E. Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

F. Verification of Coverage

Consultant shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

G. Special Risks or Circumstances

The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experienc e, insurer, coverage, or other special circumstances.

Attachment N

1 Atty. Rev. 2021

AGREEMENT FOR PROFESSIONAL SERVICES

On-Call Architecture and Structural Engineering Services

This Agreement is made on June 17, 2025, by and between Studio 2G Architects, LLP., a California Corporation (“Contractor”) , and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and

WHEREAS, City has determined the Project involves the performance of engineering services of a temporary nature; and

WHEREAS, City does not have available employees to perform the services for the Project; and

WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and

WHEREAS, Contractor is registered or licensed in California to perform construction services for the Project.

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.01. Term and Termination.

The term of this contract is until 11:59 p.m. on June 30, 2026, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.

2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing On-Call Architecture and Structural Engineering services. More specifically, Contractor agrees to perform the specific services listed in Exhibit “A.”

2.03. City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit “B.”

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit “C.”

2.06. Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.

3. Contractor’s Obligations.

3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.

3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.

3.03. Status. Contractor (including its employees) is an independent contractor.

No employer/employee relati onship exists between Contractor and the City.

Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contrac tor under this agreement. Contractor (as a business entity, including its employees) is a “design professional” as defined by California Civil Code section 2782.8(c)(3).

3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgm ents, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor including its agents, subcontractors and employees. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRACTOR’s Response to Request for Proposals and whose rate sheets h ave been included in this Agreement.

Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.

CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTOR. CONTACTOR shall Attachment N

3 Atty. Rev. 2021

ensure that this Agreement is incorporated by reference into any Agreement with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.

4. Miscellaneous

4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:

To City:

David Beas, P.E.

Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:

Studio 2G Architects, LLP.

Attn: Laura Gough
811 Palm Street
San Luis Obispo, CA, 93405

If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.

4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.

4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.

4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.

4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.

4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

4.08. Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers’ compensation coverage to the City before beginning work on this project.

4.10. Prevailing Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination i s on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.

IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.

STUDIO 2G ARCHITECTS, LLP., A
California Corporation
CITY OF SANTA MARIA, a California
Municipal Corporation

___________________________
By: Laura Gough
Partner

___________________________
Brett Fulgoni
Public Works Director

ATTEST:

___________________________
Donna G. Schwartz, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

EXHIBIT “A”
Attachment N

Atty. Rev. 2021

SERVICES TO BE PERFORMED

1. Building Design : Professional and efficient development of new construction or renovation plans that successfully resolve a client’s space planning and design requirements.

2. Facility/Building Analysis/Existing Conditions Report : Evaluation of an existing building including components s uch as walls, windows, roofs, floor plans, room layouts, building science audits and equipment resulting in a summary report of the findings.

3. Code Analysis : Project -specific review of applicable codes including building codes, accessibility standards, ener gy standards, local zoning ordinances, land use plans, and other regulations.

4. Energy-Efficiency Assessments: Review of building components, insulation levels, heating and lighting systems, and operational features to assess current performance levels and opportunities for energy savings.

5. Feasibility Study with Cost Estimating : A report outlining options and associated costs for potential solutions to a stated project goal, for example, change of use for an existing structure. Often includes basic drawings or sketches explaining the solutions.

6. Space Planning: Graphic study showing arrangement of spaces, room layouts, and activities making up a floor plan. Studies will show room dimensions, shapes, number and types of spaces, and relationships (adjacencies) for all desired spaces. Multiple arrangements can be developed and evaluated for efficiency and functional success.

7. Site Planning: Development of site plan options showing boundary lines, potential development boundaries, building location(s), pedestrian access, sidewalks, parking, landscaping, lighting, surrounding context and other features.

8. Permitting: Production of drawings and permit applications necessary to submit for zoning or building permits. May include formal presentations to review boards or informal negotiation with regulators, zoning/planning administrators, fire marshals, and other officials.

9. Contractor Selection/Construction Administration Assistance: Professional and experienced assistance with the selection of qualified General Contractors or Construction Managers. This may include the preparation of competitive bid packages, review of bids, recommendations for award of bids, preparing owner - contractor agreements, and construction administration.

10. Creative, Artistic & Technological Design : Imaginative , functional and aesthetic solutions to a client’s stated needs. Assistance with envisioning new, creative solutions to problems that have been difficult to solve.

Other services provided by architects:

 Historic preservation research, evaluation and design  Existing building measurement; preparation of existing building drawings  As-Built record drawings documenting existing or recently completed work  Master planning research and analysis
 Cost estimating related to design options
 Project information surveys
 Design team and process/integration management
 Conceptual design and regional/cultural context
 Sustainability and energy use/production analysis and design  Water and wastewater use analysis and design
 Project programming, pre-design planning
 Rating system (LEED, WELL, Passive House, etc.) coordination and management  Space utilization, functionality, economic and pre-design analysis  Indoor air quality and interior analysis
 Interior design
 Accessibility reviews and design
 Site selection, studies and design
 Land use analysis and design
 Landscape design
 Specifications writing, bid package preparation
 Consultant coordination and management
 Construction administration, time, cost and quality management  Public hearing and data collection assistance
 Contractor bidding, negotiation, contract and process assistance to the owner  Project-related public agency coordination and management  Illustration rendering and 3D design modeling

Attachment N

Atty. Rev. 2021

EXHIBIT “B”

PAYMENT

I. Progress Authorization

This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.

Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.

During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.

The aggregate not-to-exceed fee for all tasks provided during the initial two -year term of the Agreement shall be $300,000.

II. Invoice procedure.

A. Payment shall be at the conclusion of the Project based on the billable charges.

B. The Consultant shall present the bill for charges by the second day of the month.

C. The Consultant's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subconsultants, and other direct costs incurred.

III. Maximum billable amounts

Under no circumstance shall the total of all payments to the Consultant exceed ninety percent (90%) of the maximum not-to-exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".

Attachment N

Atty. Rev. 2021

EXHIBIT “C”

INSURANCE REQUIREMENTS

Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage , bodily injury and personal & advertising injury.

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

1. General Liability - $2,000,000 per occurrence for 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/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Statutory limits.

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

6. Cyber Liability - $2,000,000 per occurrence or claim, $2,000,000 aggregate.

C. Self-insured Retentions

Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.

D. Other Insurance Requirements

The liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed Attachment N

Atty. Rev. 2021

by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or
operations. General liability coverage can be provided in the form or an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to thi s
Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt r equested.

4. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation
endorsement from the insurer.

5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be
before the date of the contract or the beginning of
contract work.
b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years
after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting”
coverage for a minimum of five (5) y ears after
completion of work.

E. Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

F. Verification of Coverage

Consultant shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

G. Special Risks or Circumstances

The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experienc e, insurer, coverage, or other special circumstances.

COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Brett Fulgoni, Director of Public Works

DATE: June 17, 2025

SUBJECT: Adoption of Resolutions to Award Eight Professional Services Agreements for On-Call Civil Engineering and Surveying Services

Description:

The City Council will c onsider approving the award of Architecture and Structural Engineering Services to 5 consultants: 1) Bengal Engineering, Inc.; 2) Bethel Engineering, Inc. ; 3) Cannon Corporation; 4) Nichols Consulting Engineers; 5) Omni Design Inc.; 6) Psomas; 7) Wallace Group 8) Water Systems Consulting, Inc.

Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pur suant to State Guidelines Section 15060(c)(3) no environmental review is required.

RECOMMENDATIONS:

1. Adopt a Resolution awarding a Professional Services Agreement to Bengal Engineering, Inc. in the amount of $300,000 for On -Call Architecture and Structural Engineering Services; and

2. Adopt a Resolution awarding a Professional Services Agreement to Bethel Engineering in the amount of $300,000 for On -Call Architecture and Structural Engineering Services; and

3. Adopt a Resolution awarding a Profess ional Services Agreement to Cannon Corporation in the amount of $300,000 for On -Call Architecture and Structural Engineering Services; and

4. Adopt a Resolution awarding a Professional Services Agreement to Nichols Consulting Engineers in the amount of $300,000 for On-Call Architecture and Structural Engineering Services; and

5. Adopt a Resolution awarding a Professional Services Agreement to Omni Design Inc.in the amount of $300,000 for On -Call Architecture and Structural Engineering Services; and

6. Adopt a Resolution awarding a Professional Services Agreement to Psomas in the amount of $300,000 for On-Call Architecture and Structural Engineering Services; and 2 7. Adopt a Resolution awarding a Professional Services Agreement to Wallace Group in the amoun t of $300,000 for On -Call Architecture and Structural Engineering Professional Services; and

8. Adopt a Resolution awarding a Professional Services Agreement to Water Systems Consulting, Inc. in the amount of $300,000 for On -Call Architecture and Structural Engineering Services; and

BACKGROUND:

The City owns, operates, and maintains municipal infrastructure, structures, and facilities throughout the City. The City has active and pending projects that require technical assistance from Civil Engi neering firms and Professional Surveyors. While the City employs Civil Engineers on staff, these buildings and facilities require professional engineering beyond the capabilities of the existing staff and fall outside the normal workloads; therefore, nece ssitating the hiring of outside consultants for these services.

Having on-call consultants who can provide these services will allow the City to deliver projects in a timely manner.

DISCUSSION:

On March 13, 2025, a Request for Proposal was issued and advertised through the City website. In addition, notification emails were sent to firms who expressed interest in providing Civil Engineering and Surveying Services to the City.

Selection of the best-qualified firms was made in accordance with the City’s Purchasing Guidelines. Thirteen proposals were received on April 10, 2025. A selection committee consisting of Engineering Division staff independently evaluated and ranked the proposals. After deliberations, the top five ranked firms chosen are as follows:

Firm and Location
Bengal Engineering, Inc., Santa Barbara, CA
Bethel Engineering, Santa Maria, CA
Cannon Corporation, San Luis Obispo, CA
Nichols Consulting Engineers, Anaheim, CA
Omni Design Inc., San Luis Obispo, CA
Psomas, Roseville, CA
Wallace Group, San Luis Obispo, CA
Water Systems Consulting, Inc.

The proposed Professional Services Agreements would be managed by the Engineering Division. On-Call Civil Engineering and Surveying services would also be made available to other Departments for funded projects.

Individual project task orders will be issued based on the firm’s expertise, workload capacity, services to be performed, schedule requirements, and hourly rates submitted in their proposal. All task orders will be issued based on an agreed -upon, written scope of 3 work, implementation schedule, and maximum fee arrangement negotiated on a project- by-project basis.

Alternative(s)
The City Council may decide not to award these Civil Engin eering and Surveying Professional Services Agreements and direct staff to issue Requests for Proposals for each project individually. However, this alternative is not recommended as there is a significant backlog of funded projects for which outside Civil Engineering and Surveying Services are required to augment City staff. Further, having pre -approved, on-call, as- needed firms readily available will allow for more efficient and timely delivery of projects as multiple projects can be designed concurrently.

Fiscal Considerations
Fees for On-Call Civil Engineering and Surveying Services will be based on a project-by- project basis and directly charged to individual project budgets. Each project is separately approved and budgeted by the City Council. The Ci ty is under no obligation to expend any funds under these Professional Services Agreements.

Impact to the Community
Awarding these on -call agreements will enhance the City's ability to efficiently deliver critical infrastructure and facility improvements that benefit residents and businesses. By leveraging the expertise of qualified consultants, the City can address a backlog of funded projects more quickly, minimizing delays and disruptions. This proactive approach supports public safety, mobility, and overall community quality of life.

ATTACHMENT(S)

A. Resolution – Bengal Engineering, Inc
B. Resolution – Bethel Engineering
C. Resolution – Cannon Corporation
D. Resolution – Nichols Consulting Engineers
E. Resolution – Omni Design Inc.

F. Resolution – Psomas
G. Resolution – Wallace Group
H. Resolution – Water Systems Consulting, Inc.

I. Agreement - Bengal Engineering
J. Agreement - Bethel Engineering
K. Agreement - Cannon Corporation
L. Agreement - Nichols Consulting Engineers
M. Agreement – Omni Design Inc.

N. Agreement – Psomas
O. Agreement – Wallace Group
P. Agreement – Water Systems Consulting, Inc.

Attachment A
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,

AWARDING A PROFESSIONAL SERVICES
AGREEMENT TO BENGAL ENGINEERING, INC.

IN THE AMOUNT OF $300,000 FOR ON-CALL

CIVIL ENGINEERING AND SURVEYING SERVICES

WHEREAS, the need exists for the City to obtain prompt professional Civil Engineering and Surveying Services to support municipal improvement projects; and

WHEREAS, on March 13, 2025, the City issued a Request for Proposal (RFP) for on-call Civil Engineering and Surveying Professional Services for projects within the City and notified firms that specialize in this work, including those firms who had expressed interest, as well as those who had previously completed work for the City; and

WHEREAS, on April 10, 2025, the City received 13 proposals from firms that perform this work; and

WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and

WHEREAS, following deliberations, the selection committee determined that Bengal Engineering, Inc. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on-call Civil Engineering and Surveying services; and

WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and

WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

//
2 SECTION 1. A Professional Services Agreement for on-call Civil Engineering and Surveying Services is awarded to Bengal Engineering, Inc. for a term ending on June 30, 2026, at 11:59 pm with an annual fee not to exceed $300,000; and

SECTION 2. The City Manager, or designee, is authorized to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal; and

SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 17th day of June 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Attachment B
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,

AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO BETHEL ENGINEERING IN THE AMOUNT OF $300,000

FOR ON-CALL CIVIL ENGINEERING AND SURVEYING SERVICES

WHEREAS, the need exists for the City to obtain prompt professional Civil Engineering and Surveying Services to support municipal improvement projects; and

WHEREAS, on March 13, 2025, the City issued a Request for Proposal (RFP) for on-call Civil Engineering and Surveying Professional Services for projects within the City and notified firms that specialize in this work, including those firms who had expressed interest, as well as those who had previously completed work for the City; and

WHEREAS, on April 10, 2025, the City received 13 proposals from firms that perform this work; and

WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and

WHEREAS, following deliberations, the selection committee determined that Bethel Engineering satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on-call Civil Engineering and Surveying services; and

WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and

WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

SECTION 1. A Professional Services Agreement for on-call Civil Engineering and Surveying Services is awarded to Bethel Engineering for a term ending on June 30, 2026, at 11:59 pm with an annual fee not to exceed $300,000; and 2 SECTION 2. The City Manager, or designee, is authorized to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal; and

SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 17th day of June 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Attachment C

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,

AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO CANNON CORPORATION IN THE AMOUNT OF $300,000 FOR

ON-CALL CIVIL ENGINEERING AND SURVEYING SERVICES

WHEREAS, the need exists for the City to obtain prompt professional Civil Engineering and Surveying Services to support municipal improvement projects; and

WHEREAS, on March 13, 2025, the City issued a Request for Proposal (RFP) for on-call Civil Engineering and Surveying Professional Services for projects within the City and notified firms that specialize in this work, including those firms who had expressed interest, as well as those who had previously completed work for the City; and

WHEREAS, on April 10, 2025, the City received 13 proposals from firms that perform this work; and

WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and

WHEREAS, following deliberations, the se lection committee determined that Cannon Corporation satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on-call Civil Engineering and Surveying services; and

WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and

WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

SECTION 1. A Professional Services Agreement for on-call Civil Engineering and Surveying Services is awarded to Cannon Corporation for a term ending on June 30, 2026 at 11:59 pm with an annual fee not to exceed $300,000; and

2 SECTION 2. The City Manager, or designee, is authorized to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal (RFP).

SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 17th day of June 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Attachment D

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,

AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO NICHOLS CONSULTING ENGINEERS IN THE AMOUNT OF $300,000

FOR ON-CALL CIVIL ENGINEERING AND SURVEYING SERVICES

WHEREAS, the need exists for the City to obtain prompt professional Civil Engineering and Surveying Services to support municipal improvement projects; and

WHEREAS, on March 13, 2025, the City issued a Request for Proposal (RFP) for on-call Civil Engineering and Surveying Professional Services for projects within the City and notified firms that specialize in this work, including those firms who had expressed interest, as well as those who had previously completed work for the City; and

WHEREAS, on April 10, 2025, the City received 13 proposals from firms that perform this work; and

WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and

WHEREAS, following deliberations, the selection committee determined that Nichols Consulting Engineers satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on-call Civil Engineering and Surveying services; and

WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and

WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

SECTION 1. A Professional Services Agreement for on-call Civil Engineering and Surveying Services is awarded to Nichols Consulting Engineers for a term ending on June 30, 2026, at 11:59 pm with an annual fee not to exceed $300,000; and

2 SECTION 2. The City Manager, or designee, is authorized to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal (RFP).

SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 17th day of June 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Attachment E
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,

AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO OMNI DESIGN INC. IN THE AMOUNT OF $300,000 FOR

ON-CALL CIVIL ENGINEERING AND SURVEYING SERVICES

WHEREAS, the need exists for the City to obtain prompt professional Civil Engineering and Surveying Services to support municipal improvement projects; and

WHEREAS, on March 13, 2025, the City issued a Request for Proposal (RFP) for on-call Civil Engineering and Surveying Professional Services for projects within the City and notified firms that specialize in this work, including those firms who had expressed interest, as well as those who had previously completed work for the City; and

WHEREAS, on April 10, 2025, the City received 13 proposals from firms that perform this work; and

WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and

WHEREAS, following deliberations, the selection committee determined that Omni Design Inc. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on-call Civil Engineering and Surveying services; and

WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and,

WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

SECTION 1. That a Professional Services Agreement for on-call Civil Engineering and Surveying Services is awarded to Omni Design Inc. for a term ending on June 30, 2026 at 11:59pm with an annual fee not to exceed $300,000; and 2 SECTION 2. That the City Manager, or designee, is authorized to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal (RFP).

SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 17th day of June 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Attachment F
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,

AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO PSOMAS IN THE AMOUNT OF $300,000 FOR

ON-CALL CIVIL ENGINEERING AND SURVEYING SERVICES

WHEREAS, the need exists for the City to obtain prompt professional Civil Engineering and Surveying Services to support municipal improvement projects; and

WHEREAS, on March 13, 2025, the City issued a Request for Proposal (RFP) for on-call Civil Engineering and Surveying Professional Services for projects within the City and notified firms that specialize in this work, including those firms who had expressed interest, as well as those who had previously completed work for the City; and

WHEREAS, on April 10, 2025, the City received 13 proposals from firms that perform this work; and

WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and

WHEREAS, following deliberations, the selection co mmittee determined that Psomas satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on-call Civil Engineering and Surveying services; and

WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and

WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

SECTION 1. A Professional Services Agreement for on-call Civil Engineering and Surveying Services is awarded to Psomas for a term ending on June 30, 2026, at 11:59 pm with an annual fee not to exceed $300,000; and
2 SECTION 2. The City Manager, or designee, is authorized to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal; and

SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 17th day of June 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Attachment G
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,

AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO WALLACE GROUP IN THE AMOUNT OF $300,000 FOR

ON-CALL CIVIL ENGINEERING AND SURVEYING SERVICES

WHEREAS, the need exists for the City to obtain prompt professional Civil Engineering and Surveying Services to support municipal improvement projects; and

WHEREAS, on March 13, 2025, the City issued a Request for Proposal (RFP) for on-call Civil Engineering and Surveying Professional Services for projects within the City and notified firms that specialize in this work, including those firms who had expressed interest, as well as those who had previously completed work for the City; and

WHEREAS, on April 10, 2025, the City received 13 proposals from firms that perform this work; and

WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and

WHEREAS, following deliberations, the selection co mmittee determined that Wallace Group satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on-call Civil Engineering and Surveying services; and

WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and

WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

SECTION 1. A Professional Services Agreement for on-call Civil Engineering and Surveying Services is awarded to Wallace Group for a term ending on June 30, 2026 at 11:59pm with an annual fee not to exceed $300,000; and
2 SECTION 2. The City Manager, or designee, is authorized to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal (RFP).

SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 17th day of June 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Attachment H

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,

AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO WATER SYSTEMS CONSULTING, INC.

IN THE AMOUNT OF $300,000 FOR ON-CALL

CIVIL ENGINEERING AND SURVEYING SERVICES

WHEREAS, the need exists for the City to obtain prompt professional Civil Engineering and Surveying Services to support municipal improvement projects; and

WHEREAS, on March 13, 2025, the City issued a Request for Proposal (RFP) for on-call Civil Engineering and Surveying Professional Services for projects within the City and notified firms that specialize in this work, including those firms who had expressed interest, as well as those who had previously completed work for the City; and

WHEREAS, on April 10, 2025, the City received 13 proposals from firms that perform this work; and

WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and

WHEREAS, following deliberations, the selection committee determined that Water Systems Consulting, Inc. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on-call Civil Engineering and Surveying services; and

WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and

WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

//

2 SECTION 1. A Professional Services Agreement for on-call Civil Engineering and Surveying Services is awarded to Water Systems Consulting, Inc. for a term ending on June 30, 2026, at 11:59 pm with an annual fee not to exceed $300,000; and

SECTION 2. The City Manager, or designee, is authorized to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal (RFP).

SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 17th day of June 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Attachment I
1 Atty. Rev. 2021

AGREEMENT FOR PROFESSIONAL SERVICES

On-Call Civil Engineering and Surveying Services

This Agreement is made on June 17, 2025, by and between Bengal Engineering, Inc., a California Corporation (“Contractor”) , and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and

WHEREAS, City has determined the Project involves the performance of engineering services of a temporary nature; and

WHEREAS, City does not have available employees to perform the services for the Project; and

WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and

WHEREAS, Contractor is registered or licensed in California to perform construction services for the Project.

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.01. Term and Termination.

The term of this contract is until 11:59 p.m. on June 30, 2026, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.

2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing On-Call Civil Engineering and Surveying services.

More specifically, Contractor agrees to perform the specific services listed in Exhibit “A.”

2.03. City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit “B.”

Attachment I
2 Atty. Rev. 2021

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit “C.”

2.06. Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.

3. Contractor’s Obligations.

3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.

3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.

3.03. Status. Contractor (including its employees) is an independent contractor.

No employer/employee relationship exists between Contractor and the City.

Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement. Contractor (as a business entity, including its employees) is a “design professional” as defined by California Civil Code section 2782.8(c)(3).

3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor including its agents, subcontractors and employees. The provisions of this paragraph survive completion of the se rvices or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CON TRACTOR’s Response to Request for Proposals and whose rate sheets have been included in this Agreement.

Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.

CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTOR. CONTACTOR shall ensure that this Agreement is incorporated by reference into any Agreement Attachment I
3 Atty. Rev. 2021

with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.

4. Miscellaneous

4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:

To City:

David Beas, P.E.,
Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:

Bengal Engineering, Inc.

Attn.: Scott Onishuk, P.E.
360 S. Hope Ave., Suite C-110
Santa Barbara, CA 93105

If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.

4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.

4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.

4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.

4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.

4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

4.08. Severability. The provisions of this agreement are severable. If any part Attachment I
4 Atty. Rev. 2021

of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers’ compensation coverage to the City before beginning work on this project.

4.10. Prevailing Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.

IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.

BENGAL ENGINEERING, INC., A
California Corporation
CITY OF SANTA MARIA, a California
Municipal Corporation

___________________________
By: Scott Onishuk, P.E.

Project Manager

___________________________
By: BRETT FULGONI
Public Works Director
ATTEST:

___________________________
Donna G. Schwartz, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment I

Atty. Rev. 2021

EXHIBIT “A”

SERVICES TO BE PERFORMED

Basic services shall be to perform various engineering/surveying tasks typical of a municipal agency.

Tasks may include, but are not limited to the following:

Project Management Services

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform project manag ement services on the project types listed above include, but are not limited to:

 Continuous interface with City staff regarding projects  Attend project meetings and prepare meeting agendas and action items  Follow up to ensure action items are compiled with
 Coordination with engineering consultants
 Coordination with other agencies
 Provide technical review and comment on consultant deliverables  Development/maintenance of project schedules
 Prepare bid packages
 Track and monitor project costs
 Track and monitor all funding
 Prepare grant funding claims as required
 Prepare grant applications
 Prepare RFPs for professional services, as required to continue progress of projects.

Civil Engineering Services

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform engineering design services on the project types listed above include, but are not limited to:

 Preparation of plans, specifications and estimates
 Plan check/Peer review
 Preparation of project drawings in CAD
 Constructability Review
 Understanding and application of standard details and specifications from:
 City of Santa Maria
 Caltrans
 Greenbook
 APWA
 AWWA
 County of Santa Barbara
 Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects.  Best Management Practices.
 Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
 Understanding of environmental regulations relevant to construction activities.

Attachment I

Atty. Rev. 2021

 Consultant is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
 Consultant and its sub-consultants shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State and local laws.

Surveying Services

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform structural engineering services on the project types listed above include, but are not limited to:

 Design surveys
 Topographic surveys
 Construction staking
 Quality assurance of contractor staking
 Monument control
 Record and title research
 Plat and legal description for property acquisitions
 ROW certifications (Caltrans)
 Map Checking
 Corner Record
 Property and Easement Descriptions

Attachment I

Atty. Rev. 2021

EXHIBIT “B”

PAYMENT

I. Progress Authorization

This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.

Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.

During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.

The aggregate not-to-exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.00.

II. Invoice procedure.

A. Payment shall be at the conclusion of the Project based on the billable charges.

B. The Contractor shall present the bill for charges by the second day of the month.

C. The Contractor’s bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.

III. Maximum billable amounts

Under no circumstance shall the total of all payments to the Contractor exceed ninety percent (90%) of the maximum not-to-exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".

Attachment I

Atty. Rev. 2021

Attachment I

Atty. Rev. 2021

EXHIBIT “C”

INSURANCE

INSURANCE REQUIREMENTS

Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Provider, his/her agents, representatives, or employees. If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Provider.

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, b odily injury and personal & advertising injury.

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion a nd network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit Attachment I

Atty. Rev. 2021

monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Provider shall maintain limits no less than:

1. General Liability - $2,000,000 per occurrence for 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/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Statutory limits.

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

C. Self-insured Retentions

Self-insured retentions must be declared to and approved by the City.

The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.

D. Other Insurance Requirements

The liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as addition al insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or Attachment I

Atty. Rev. 2021

equipment furnished in connection with such work or
operations. General liability coverage can be provided in the form or an endorsement to the Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

2. For any claims related to this project, the Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.

4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may ac quire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be
before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the contract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

E. Acceptability of Insurers

Attachment I

Atty. Rev. 2021

Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

F. Verification of Coverage

Provider shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work b eginning shall not waive the Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

G. Special Risks or Circumstances

The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Attachment J
1 Atty. Rev. 2021

AGREEMENT FOR PROFESSIONAL SERVICES

On-Call Civil Engineering and Surveying Services

This Agreement is made on June 17, 2025, by and between Bethel Engineering, a California Corporation (“Contractor”), and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and

WHEREAS, City has determined the Project involves the performance of engineering services of a temporary nature; and

WHEREAS, City does not have available employees to perform the services for the Project; and

WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and

WHEREAS, Contractor is registered or licensed in California to perform construction services for the Project.

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.01. Term and Termination.

The term of this contract is until 11:59 p.m. on June 30, 2026, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.

2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing On-Call Civil Engineering and Surveying services.

More specifically, Contractor agrees to perform the specific services listed in Exhibit “A.”

2.03. City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit “B.”

Attachment J
2 Atty. Rev. 2021

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit “C.”

2.06. Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.

3. Contractor’s Obligations.

3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.

3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.

3.03. Status. Contractor (including its employees) is an independent contractor.

No employer/employee relationship exists between Contractor and the City.

Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement. Contractor (as a business entity, including its employees) is a “design professional” as defined by California Civil Code section 2782.8(c)(3).

3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor including its agents, subcontractors and employees. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRACTOR’s Response to Request for Proposals and whose rate sheets have been included in this Agreement.

Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.

CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CO NTACTOR. CONTACTOR shall ensure that this Agreement is incorporated by reference into any Agreement Attachment J
3 Atty. Rev. 2021

with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.

4. Miscellaneous

4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:

To City:

David Beas, P.E.,
Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:

Bethel Engineering
Attn.: Russell Garrison
2624 Airpark Dr
Santa Maria, CA 93455

If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.

4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.

4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.

4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.

4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.

4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

4.08. Severability. The provisions of this agreement are severable. If any part Attachment J
4 Atty. Rev. 2021

of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers’ compensation coverage to the City before beginning work on this project.

4.10. Prevailing Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rate s therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.

IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.

BETHEL ENGINEERING, A California
Corporation
CITY OF SANTA MARIA, a California
Municipal Corporation

___________________________
By: Russell J. Garrison P.E.

President

___________________________
By: BRETT FULGONI
Public Works Director
ATTEST:

___________________________
Donna G. Schwartz, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment J

Atty. Rev. 2021

EXHIBIT “A”

SERVICES TO BE PERFORMED

Basic services shall be to perform various engineering/surveying tasks typical of a municipal agency.

Tasks may include, but are not limited to the following:

Project Management Services

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform project management services on the project types listed above include, but are not limited to:

 Continuous interface with City staff regarding projects  Attend project meetings and prepare meeting agendas and action items  Follow up to ensure action items are compiled with
 Coordination with engineering consultants
 Coordination with other agencies
 Provide technical review and comment on consultant deliverables  Development/maintenance of project schedules
 Prepare bid packages
 Track and monitor project costs
 Track and monitor all funding
 Prepare grant funding claims as required
 Prepare grant applications
 Prepare RFPs for professional services, as required to continue progress of projects.

Civil Engineering Services

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform engineering design services on the project types listed above include, but are not limited to:

 Preparation of plans, specifications and estimates
 Plan check/Peer review
 Preparation of project drawings in CAD
 Constructability Review
 Understanding and application of standard details and specifications from:
 City of Santa Maria
 Caltrans
 Greenbook
 APWA
 AWWA
 County of Santa Barbara
 Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects.  Best Management Practices.
 Ability to work wi th utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
 Understanding of environmental regulations relevant to construction activities.

Attachment J

Atty. Rev. 2021

 Consultant is responsible for keeping City regularly informed with regard to is sues related to cost, schedule, contract or legal issues among others.
 Consultant and its sub-consultants shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State and local laws.

Surveying Services

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform structural engineering services on the project types listed above include, but are not limited to:

 Design surveys
 Topographic surveys
 Construction staking
 Quality assurance of contractor staking
 Monument control
 Record and title research
 Plat and legal description for property acquisitions
 ROW certifications (Caltrans)
 Map Checking
 Corner Record
 Property and Easement Descriptions

Attachment J

Atty. Rev. 2021

EXHIBIT “B”

PAYMENT

I. Progress Authorization

This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.

Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.

During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.

The aggregate not-to-exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.00.

II. Invoice procedure.

A. Payment shall be at the conclusion of the Project based on the billable charges.

B. The Contractor shall present the bill for charges by the second day of the month.

C. The Contractor’s bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.

III. Maximum billable amounts

Under no circumstance shall the total of all payments to the Contractor exceed ninety percent (90%) of the maximum not-to-exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".

Attachment J

Atty. Rev. 2021

Attachment J

Atty. Rev. 2021

EXHIBIT “C”

INSURANCE

INSURANCE REQUIREMENTS

Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Provider, his/her agents, representatives, or employees. If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Provider.

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion a nd network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit Attachment J

Atty. Rev. 2021

monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Provider shall maintain limits no less than:

1. General Liability - $2,000,000 per occurrence for 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/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Statutory limits.

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

C. Self-insured Retentions

Self-insured retentions must be declared to and approved by the City.

The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.

D. Other Insurance Requirements

The liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider includin g materials, parts or Attachment J

Atty. Rev. 2021

equipment furnished in connection with such work or
operations. General liability coverage can be provided in the form or an endorsement to the Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

2. For any claims related to this project, the Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.

4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be
before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the contract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

E. Acceptability of Insurers

Attachment J

Atty. Rev. 2021

Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

F. Verification of Coverage

Provider shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

G. Special Risks or Circumstances

The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Attachment K
1 Atty. Rev. 2021

AGREEMENT FOR PROFESSIONAL SERVICES

On-Call Civil Engineering and Surveying Services

This Agreement is made on June 17, 2025, by and between Cannon Corporation, Inc., a California Corporation (“Contractor”) , and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and

WHEREAS, City has determined the Project involves the performance of engineering services of a temporary nature; and

WHEREAS, City does not have available employees to perform the services for the Project; and

WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and

WHEREAS, Contractor is registered or licensed in California to perform construction services for the Project.

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.01. Term and Termination.

The term of this contract is until 11:59 p.m. on June 30, 2026, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.

2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing On-Call Civil Engineering and Surveying services.

More specifically, Contractor agrees to perform the specific services listed in Exhibit “A.”

2.03. City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit “B.”

Attachment K
2 Atty. Rev. 2021

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit “C.”

2.06. Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.

3. Contractor’s Obligations.

3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.

3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.

3.03. Status. Contractor (including its employees) is an independent contractor.

No employer/employee relationship exists between Contractor and the City.

Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement. Contractor (as a business entity, including its employees) is a “design professional” as defined by California Civil Code section 2782.8(c)(3).

3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor including its agents, subcontractors and employees. The provisions of this paragraph survive completion of the se rvices or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CON TRACTOR’s Response to Request for Proposals and whose rate sheets have been included in this Agreement.

Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.

CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTOR. CONTACTOR shall ensure that this Agreement is incorporated by reference into any Agreement Attachment K
3 Atty. Rev. 2021

with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.

4. Miscellaneous

4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:

To City:

David Beas, P.E.,
Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:

Cannon Corporation
Attn.: Larry Kraemer, P.E.
1050 Southwood Dr.

San Luis Obispo, CA 93401

If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.

4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to t he subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.

4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.

4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.

4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.

4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

4.08. Severability. The provisions of this agreement are severable. If any part Attachment K
4 Atty. Rev. 2021

of this agreement is held invali d by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers’ compensation coverage to the City before beginning work on this project.

4.10. Prevailing Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.

IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.

CANNON CORPORATION, A California
Corporation
CITY OF SANTA MARIA, a California
Municipal Corporation

___________________________
By: Larry Kraemer, P.E.

Director

___________________________
By: BRETT FULGONI
Public Works Director
ATTEST:

___________________________
Donna G. Schwartz, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment K

Atty. Rev. 2021

EXHIBIT “A”

SERVICES TO BE PERFORMED

Basic services shall be to perform various engineering/surveying tasks typical of a municipal agency.

Tasks may include, but are not limited to the following:

Project Management Services

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform project management services on the project types listed above include, but are not limited to:

 Continuous interface with City staff regarding projects  Attend project meetings and prepare meeting agendas and action items  Follow up to ensure action items are compiled with
 Coordination with engineering consultants
 Coordination with other agencies
 Provide technical review and comment on consultant deliverables  Development/maintenance of project schedules
 Prepare bid packages
 Track and monitor project costs
 Track and monitor all funding
 Prepare grant funding claims as required
 Prepare grant applications
 Prepare RFPs for professional services, as required to continue progress of projects.

Civil Engineering Services

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform engineering design services on the project types listed above include, but are not limited to:

 Preparation of plans, specifications and estimates
 Plan check/Peer review
 Preparation of project drawings in CAD
 Constructability Review
 Understanding and application of standard details and specifications from:
 City of Santa Maria
 Caltrans
 Greenbook
 APWA
 AWWA
 County of Santa Barbara
 Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects.  Best Management Practices.
 Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
 Understanding of environmental regulations relevant to construction activities.

Attachment K

Atty. Rev. 2021

 Consultant is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
 Consultant and its sub-consultants shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State and local laws.

Surveying Services

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform structural engineering services on the project types listed above include, but are not limited to:

 Design surveys
 Topographic surveys
 Construction staking
 Quality assurance of contractor staking
 Monument control
 Record and title research
 Plat and legal description for property acquisitions
 ROW certifications (Caltrans)
 Map Checking
 Corner Record
 Property and Easement Descriptions

Attachment K

Atty. Rev. 2021

EXHIBIT “B”

PAYMENT

I. Progress Authorization

This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.

Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.

During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.

The aggregate not-to-exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.00.

II. Invoice procedure.

A. Payment shall be at the conclusion of the Project based on the billable charges.

B. The Contractor shall present the bill for charges by the second day of the month.

C. The Contractor’s bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.

III. Maximum billable amounts

Under no circumstance shall the total of all payments to the Contractor exceed ninety percent (90%) of the maximum not-to-exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".

Attachment K

Atty. Rev. 2021

Attachment K

Atty. Rev. 2021

EXHIBIT “C”

INSURANCE

INSURANCE REQUIREMENTS

Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Provider, his/her agents, representatives, or employees. If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Provider.

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion a nd network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit Attachment K

Atty. Rev. 2021

monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Provider shall maintain limits no less than:

1. General Liability - $2,000,000 per occurrence for 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/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Statutory limits.

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

C. Self-insured Retentions

Self-insured retentions must be declared to and approved by the City.

The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.

D. Other Insurance Requirements

The liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as addition al insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or Attachment K

Atty. Rev. 2021

equipment furnished in connection with such work or
operations. General liability coverage can be provided in the form or an endorsement to the Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

2. For any claims related to this project, the Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insurance maintained by the City, its off icers, officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.

4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be
before the date of the contract or the beginning of contract work. b. Insurance must be maintain ed and evidence of
insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the c ontract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

E. Acceptability of Insurers

Attachment K

Atty. Rev. 2021

Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

F. Verification of Coverage

Provider shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work b eginning shall not waive the Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

G. Special Risks or Circumstances

The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Attachment L
1 Atty. Rev. 2021

AGREEMENT FOR PROFESSIONAL SERVICES

On-Call Civil Engineering and Surveying Services

This Agreement is made on June 17, 202 5, by and between Nichols Consulting Engineers, a California Corporation (“Contractor”) , and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and

WHEREAS, City has determined the Project involves the performance of engineering services of a temporary nature; and

WHEREAS, City does not have available employees to perform the services for the Project; and

WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and

WHEREAS, Contractor is registered or licensed in California to perform construction services for the Project.

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.01. Term and Termination.

The term of this contract is until 11:59 p.m. on June 30, 2026, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.

2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing On-Call Civil Engineering and Surveying services.

More specifically, Contractor agrees to perform the specific services listed in Exhibit “A.”

2.03. City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit “B.”

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2 Atty. Rev. 2021

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit “C.”

2.06. Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.

3. Contractor’s Obligations.

3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.

3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.

3.03. Status. Contractor (including its employees) is an independent contractor.

No employer/employee relationship exists between Contractor and the City.

Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement. Contractor (as a business entity, including its employees) is a “design professional” as defined by California Civil Code section 2782.8(c)(3).

3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor including its agents, subcontractors and employees. The provisions of this paragraph survive completion of the se rvices or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CON TRACTOR’s Response to Request for Proposals and whose rate sheets have been included in this Agreement.

Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.

CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTOR. CONTACTOR shall ensure that this Agreement is incorporated by reference into any Agreement Attachment L
3 Atty. Rev. 2021

with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.

4. Miscellaneous

4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:

To City:

David Beas, P.E.,
Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:

Nichols Consulting Engineers
Attn.: Vivek Jha, M.S., P.E.
2300 E. Katella Ave.

Anaheim, CA 92806

If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.

4.03. Integration. This agreement constitutes the entire agreement of the parties with resp ect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.

4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.

4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.

4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.

4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

4.08. Severability. The provisions of this agreement are severable. If any part Attachment L
4 Atty. Rev. 2021

of this agreement is hel d invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers’ compensation coverage to the City before beginning work on this project.

4.10. Prevailing Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's deter mination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.

IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.

NICHOLS CONSULTING ENGINEERS,
A California Corporation
CITY OF SANTA MARIA, a California
Municipal Corporation

___________________________
By: Vivek Jha, M.S., P.E.

Principal

___________________________
By: BRETT FULGONI
Public Works Director
ATTEST:

___________________________
Donna G. Schwartz, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment L

Atty. Rev. 2021

EXHIBIT “A”

SERVICES TO BE PERFORMED

Basic services shall be to perform various engineering/surveying tasks typical of a municipal agency.

Tasks may include, but are not limited to the following:

Project Management Services

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform project management services on the project types listed above include, but are not limited to:

 Continuous interface with City staff regarding projects  Attend project meetings and prepare meeting agendas and action items  Follow up to ensure action items are compiled with
 Coordination with engineering consultants
 Coordination with other agencies
 Provide technical review and comment on consultant deliverables  Development/maintenance of project schedules
 Prepare bid packages
 Track and monitor project costs
 Track and monitor all funding
 Prepare grant funding claims as required
 Prepare grant applications
 Prepare RFPs for professional services, as required to continue progress of projects.

Civil Engineering Services

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform engineering design services on the project types listed above include, but are not limited to:

 Preparation of plans, specifications and estimates
 Plan check/Peer review
 Preparation of project drawings in CAD
 Constructability Review
 Understanding and application of standard details and specifications from:
 City of Santa Maria
 Caltrans
 Greenbook
 APWA
 AWWA
 County of Santa Barbara
 Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects.  Best Management Practices.
 Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
 Understanding of environmental regulations relevant to construction activities.

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 Consultant is responsibl e for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
 Consultant and its sub-consultants shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State and local laws.

Surveying Services

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform structural engineering services on the project types listed above include, but are not limited to:

 Design surveys
 Topographic surveys
 Construction staking
 Quality assurance of contractor staking
 Monument control
 Record and title research
 Plat and legal description for property acquisitions
 ROW certifications (Caltrans)
 Map Checking
 Corner Record
 Property and Easement Descriptions

Attachment L

Atty. Rev. 2021

EXHIBIT “B”

PAYMENT

I. Progress Authorization

This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.

Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.

During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.

The aggregate not-to-exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.00.

II. Invoice procedure.

A. Payment shall be at the conclusion of the Project based on the billable charges.

B. The Contractor shall present the bill for charges by the second day of the month.

C. The Contractor’s bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.

III. Maximum billable amounts

Under no circumstance shall the total of all payments to the Contractor exceed ninety percent (90%) of the maximum not-to-exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".

Attachment L

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Attachment L

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EXHIBIT “C”

INSURANCE

INSURANCE REQUIREMENTS

Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Provider, his/her agents, representatives, or employee s. If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Provider.

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion a nd network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit Attachment L

Atty. Rev. 2021

monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Provider shall maintain limits no less than:

1. General Liability - $2,000,000 per occurrence for 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/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Statutory limits.

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

C. Self-insured Retentions

Self-insured retentions must be declared to and approved by the City.

The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.

D. Other Insurance Requirements

The liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as addition al insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or Attachment L

Atty. Rev. 2021

equipment furnished in connection with such work or
operations. General liability coverage can be provided in the form or an endorsement to the Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

2. For any claims related to this project, the Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insurance maintained by the City, its off icers, officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.

4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be
before the date of the contract or the beginning of contract work. b. Insurance must be maintain ed and evidence of
insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the c ontract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

E. Acceptability of Insurers

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Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

F. Verification of Coverage

Provider shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work b eginning shall not waive the Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

G. Special Risks or Circumstances

The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Attachment M
1 Atty. Rev. 2021

AGREEMENT FOR PROFESSIONAL SERVICES

On-Call Civil Engineering and Surveying Services

This Agreement is made on June 17, 202 5, by and between Omni Design Incorporated, a California Corporation (“Contractor”) , and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and

WHEREAS, City has determined the Project involves the performance of engineering services of a temporary nature; and

WHEREAS, City does not have available employees to perform the services for the Project; and

WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and

WHEREAS, Contractor is registered or licensed in California to perform construction services for the Project.

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.01. Term and Termination.

The term of this contract is until 11:59 p.m. on June 30, 2026, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.

2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing On-Call Civil Engineering and Surveying services.

More specifically, Contractor agrees to perform the specific services listed in Exhibit “A.”

2.03. City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit “B.”

Attachment M
2 Atty. Rev. 2021

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit “C.”

2.06. Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.

3. Contractor’s Obligations.

3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively.

Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.

3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.

3.03. Status. Contractor (including its employees) is an independent contractor.

No employer/employee relationship exists between Contractor and the City.

Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement. Contractor (as a business entity, including its employees) is a “design professional” as defined by California Civil Code section 2782.8(c)(3).

3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limi tation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor including its agents, subcontractors and employees. The provisions of this paragraph survive completion of the servic es or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRAC TOR’s Response to Request for Proposals and whose rate sheets have been included in this Agreement.

Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.

CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTOR. CONTACTOR shall ensure that this Agreement is incorporated by reference into any Agreement Attachment M
3 Atty. Rev. 2021

with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.

4. Miscellaneous

4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:

To City:

David Beas, P.E.,
Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:

Omni Design Incorporated
Attn.: Juan Pablo Cal y Mayor
1326 Chorro Street
San Luis Obispo, CA 93401

If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.

4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.

4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.

4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.

4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.

4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

4.08. Severability. The provisions of this agreement are severable. If any part Attachment M
4 Atty. Rev. 2021

of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers’ compensation coverage to the City before beginning work on this project.

4.10. Prevailing Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director 's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.

IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.

OMNI DESIGN INCORPORATED, A
California Corporation
CITY OF SANTA MARIA, a California
Municipal Corporation

___________________________
By: Juan Pablo Cal y Mayor
CEO

___________________________
By: BRETT FULGONI
Public Works Director
ATTEST:

___________________________
Donna G. Schwartz, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment M

Atty. Rev. 2021

EXHIBIT “A”

SERVICES TO BE PERFORMED

Basic services shall be to perform various engineering/surveying tasks typical of a municipal agency.

Tasks may include, but are not limited to the following:

Project Management Services

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform project management services on the project types listed above include, but are not limited to:

 Continuous interface with City staff regarding projects  Attend project meetings and prepare meeting agendas and action items  Follow up to ensure action items are compiled with
 Coordination with engineering consultants
 Coordination with other agencies
 Provide technical review and comment on consultant deliverables  Development/maintenance of project schedules
 Prepare bid packages
 Track and monitor project costs
 Track and monitor all funding
 Prepare grant funding claims as required
 Prepare grant applications
 Prepare RFPs for professional services, as required to continue progress of projects.

Civil Engineering Services

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform engineering design services on the project types listed above include, but are not limited to:

 Preparation of plans, specifications and estimates
 Plan check/Peer review
 Preparation of project drawings in CAD
 Constructability Review
 Understanding and application of standard details and specifications from:
 City of Santa Maria
 Caltrans
 Greenbook
 APWA
 AWWA
 County of Santa Barbara
 Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects.  Best Management Practices.
 Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
 Understanding of environmental regulations relevant to construction activities.

Attachment M

Atty. Rev. 2021

 Consultant is responsibl e for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
 Consultant and its sub-consultants shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State and local laws.

Surveying Services

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform structural engineering services on the project types listed above include, but are not limited to:

 Design surveys
 Topographic surveys
 Construction staking
 Quality assurance of contractor staking
 Monument control
 Record and title research
 Plat and legal description for property acquisitions
 ROW certifications (Caltrans)
 Map Checking
 Corner Record
 Property and Easement Descriptions

Attachment M

Atty. Rev. 2021

EXHIBIT “B”

PAYMENT

I. Progress Authorization

This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.

Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.

During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.

The aggregate not-to-exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.00.

II. Invoice procedure.

A. Payment shall be at the conclusion of the Project based on the billable charges.

B. The Contractor shall present the bill for charges by the second day of the month.

C. The Contractor’s bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.

III. Maximum billable amounts

Under no circumstance shall the total of all payments to the Contractor exceed ninety percent (90%) of the maximum not-to-exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".

Attachment M

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Attachment M

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EXHIBIT “C”

INSURANCE

INSURANCE REQUIREMENTS

Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Provider, his/her agents, representatives, or employee s. If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Provider.

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion a nd network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit Attachment M

Atty. Rev. 2021

monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Provider shall maintain limits no less than:

1. General Liability - $2,000,000 per occurrence for 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/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Statutory limits.

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

C. Self-insured Retentions

Self-insured retentions must be declared to and approved by the City.

The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.

D. Other Insurance Requirements

The liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as addition al insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or Attachment M

Atty. Rev. 2021

equipment furnished in connection with such work or
operations. General liability coverage can be provided in the form or an endorsement to the Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

2. For any claims related to this project, the Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insurance maintained by the City, its off icers, officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.

4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be
before the date of the contract or the beginning of contract work. b. Insurance must be maintain ed and evidence of
insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the c ontract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

E. Acceptability of Insurers

Attachment M

Atty. Rev. 2021

Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

F. Verification of Coverage

Provider shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work b eginning shall not waive the Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

G. Special Risks or Circumstances

The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Attachment N
1 Atty. Rev. 2021

AGREEMENT FOR PROFESSIONAL SERVICES

On-Call Civil Engineering and Surveying Services

This Agreement is made on June 17, 2025, by and between Psomas, a California Corporation (“Contractor”), and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and

WHEREAS, City has determined the Project involves the performance of engineering services of a temporary nature; and

WHEREAS, City does not have available employees to perform the services for the Project; and

WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and

WHEREAS, Contractor is registered or licensed in California to perform construction services for the Project.

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.01. Term and Termination.

The term of this contract is until 11:59 p.m. on June 30, 2026, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.

2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing On-Call Civil Engineering and Surveying services.

More specifically, Contractor agrees to perform the specific services listed in Exhibit “A.”

2.03. City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit “B.”

Attachment N
2 Atty. Rev. 2021

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit “C.”

2.06. Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.

3. Contractor’s Obligations.

3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively.

Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.

3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.

3.03. Status. Contractor (including its employees) is an independent contractor.

No employer/employee relationship exists between Contractor and the City.

Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement. Contractor (as a business entity, including its employees) is a “design professional” as defined by California Civil Code section 2782.8(c)(3).

3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investi gation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor including its agents, subcontractors and employees. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRACTOR’s Response to Request for Proposals and whose rate sheets have been included in thi s Agreement.

Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.

CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances re quired of CONTACTOR. CONTACTOR shall ensure that this Agreement is incorporated by reference into any Agreement Attachment N
3 Atty. Rev. 2021

with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.

4. Miscellaneous

4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:

To City:

David Beas, P.E.,
Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:

Psomas
Attn.: Tim Hayes
1410 Rocky Ridge Drive, Suite 300
Roseville, CA 95661

If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.

4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in wr iting and signed by the appropriate representatives of the parties.

4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.

4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.

4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.

4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

4.08. Severability. The provisions of this agreement are severable. If any part Attachment N
4 Atty. Rev. 2021

of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and eff ect unless amended or modified by mutual written consent of the parties.

4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers’ compensation coverage to the City before beginning work on this project.

4.10. Prevailing Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; th e wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.

IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.

PSOMAS, A California Corporation CITY OF SANTA MARIA, a California Municipal Corporation

___________________________
By: Paul Gervacio, PE, ENV SP
Regional Office Manager

___________________________
By: BRETT FULGONI
Public Works Director
ATTEST:

___________________________
Donna G. Schwartz, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment N

Atty. Rev. 2021

EXHIBIT “A”

SERVICES TO BE PERFORMED

Basic services shall be to perform various engineering/surveying tasks typical of a municipal agency.

Tasks may include, but are not limited to the following:

Project Management Services

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform project management services on the project types listed above include, but are not limited to:

 Continuous interface with City staff regarding projects  Attend project meetings and prepare meeting agendas and action items  Follow up to ensure action items are compiled with
 Coordination with engineering consultants
 Coordination with other agencies
 Provide technical review and comment on consultant deliverables  Development/maintenance of project schedules
 Prepare bid packages
 Track and monitor project costs
 Track and monitor all funding
 Prepare grant funding claims as required
 Prepare grant applications
 Prepare RFPs for professional services, as required to continue progress of projects.

Civil Engineering Services

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform engineering design services on the project types listed above include, but are not limited to:

 Preparation of plans, specifications and estimates
 Plan check/Peer review
 Preparation of project drawings in CAD
 Constructability Review
 Understanding and application of standard details and specifications from:
 City of Santa Maria
 Caltrans
 Greenbook
 APWA
 AWWA
 County of Santa Barbara
 Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects.  Best Management Practices.
 Ability to work with utilities, special districts, and public agencies in and adjacent t o the City of Santa Maria.
 Understanding of environmental regulations relevant to construction activities.

Attachment N

Atty. Rev. 2021

 Consultant is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
 Consultant and its sub-consultants shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State and local laws.

Surveying Services

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform structural engineering services on the project types listed above include, but are not limited to:

 Design surveys
 Topographic surveys
 Construction staking
 Quality assurance of contractor staking
 Monument control
 Record and title research
 Plat and legal description for property acquisitions
 ROW certifications (Caltrans)
 Map Checking
 Corner Record
 Property and Easement Descriptions

Attachment N

Atty. Rev. 2021

EXHIBIT “B”

PAYMENT

I. Progress Authorization

This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.

Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.

During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.

The aggregate not-to-exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.00.

II. Invoice procedure.

A. Payment shall be at the conclusion of the Project based on the billable charges.

B. The Contractor shall present the bill for charges by the second day of the month.

C. The Contractor’s bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.

III. Maximum billable amounts

Under no circumstance shall the total of all payments to the Contractor exceed ninety percent (90%) of the maximum not-to-exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".

Attachment N

Atty. Rev. 2021

Attachment N

Atty. Rev. 2021

EXHIBIT “C”

INSURANCE

INSURANCE REQUIREMENTS

Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Provider, his/her agents, representatives, or employees. If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Provider.

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion a nd network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit Attachment N

Atty. Rev. 2021

monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Provider shall maintain limits no less than:

1. General Liability - $2,000,000 per occurrence for 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/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Statutory limits.

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

C. Self-insured Retentions

Self-insured retentions must be declared to and approved by the City.

The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.

D. Other Insurance Requirements

The liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as addition al insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or Attachment N

Atty. Rev. 2021

equipment furnished in connection with such work or
operations. General liability coverage can be provided in the form or an endorsement to the Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

2. For any claims related to this project, the Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.

4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may ac quire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be
before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the contract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

E. Acceptability of Insurers

Attachment N

Atty. Rev. 2021

Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

F. Verification of Coverage

Provider shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work b eginning shall not waive the Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

G. Special Risks or Circumstances

The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Attachment O
1 Atty. Rev. 2021

AGREEMENT FOR PROFESSIONAL SERVICES

On-Call Civil Engineering and Surveying Services

This Agreement is made on June 17, 202 5, by and between Wallace Group, a California Corporation (“Contractor”), and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and

WHEREAS, City has determined the Project involves the performance of engineering services of a temporary nature; and

WHEREAS, City does not have available employees to perform the services for the Project; and

WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and

WHEREAS, Contractor is registered or licensed in California to perform construction services for the Project.

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.01. Term and Termination.

The term of this contract is until 11:59 p.m. on June 30, 2026, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.

2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing On-Call Civil Engineering and Surveying services.

More specifically, Contractor agrees to perform the specific services listed in Exhibit “A.”

2.03. City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit “B.”

Attachment O
2 Atty. Rev. 2021

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit “C.”

2.06. Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.

3. Contractor’s Obligations.

3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.

3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.

3.03. Status. Contractor (including its employees) is an independent contractor.

No employer/employee relationship exists between Contractor and the City.

Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement. Contractor (as a business entity, including its employees) is a “design professional” as defined by California Civil Code section 2782.8(c)(3).

3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or wil lful misconduct of the Contractor including its agents, subcontractors and employees. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRACTOR’s Response to Request for Proposals and whose rate sheets have been included in this Agreement.

Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.

CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTOR. CONTACTOR shall ensure that this Agreement is incorporated by refer ence into any Agreement Attachment O
3 Atty. Rev. 2021

with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.

4. Miscellaneous

4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a desig nated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:

To City:

David Beas, P.E.,
Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:

Wallace Group
Attn.:Jorge Aguilar
Principal
612 Clarion Court
San Luis Obispo, CA 93401

If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.

4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.

4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.

4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.

4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.

4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

Attachment O
4 Atty. Rev. 2021

4.08. Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers’ compensation coverage to the City before beginning work on this project.

4.10. Prevailing Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.

IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.

WALLACE GROUP, A California
Corporation
CITY OF SANTA MARIA, a California
Municipal Corporation

___________________________
By: JORGE AQUILAR
Principal

___________________________
By: BRETT FULGONI
Public Works Director
ATTEST:

___________________________
Donna G. Schwartz, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment O

Atty. Rev. 2021

EXHIBIT “A”

SERVICES TO BE PERFORMED

Basic services shall be to perform various engineering/surveying tasks typical of a municipal agency.

Tasks may include, but are not limited to the following:

Project Management Services

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform project management services on the project types listed above include, but are not limited to:

 Continuous interface with City staff regarding projects  Attend project meetings and prepare meeting agendas and action items  Follow up to ensure action items are compiled with
 Coordination with engineering consultants
 Coordination with other agencies
 Provide technical review and comment on consultant deliverables  Development/maintenance of project schedules
 Prepare bid packages
 Track and monitor project costs
 Track and monitor all funding
 Prepare grant funding claims as required
 Prepare grant applications
 Prepare RFPs for professional services, as required to continue progress of projects.

Civil Engineering Services

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform engineering design services on the project types listed above include, but are not limited to:

 Preparation of plans, specifications and estimates
 Plan check/Peer review
 Preparation of project drawings in CAD
 Constructability Review
 Understanding and application of standard details and specifications from:
 City of Santa Maria
 Caltrans
 Greenbook
 APWA
 AWWA
 County of Santa Barbara
 Knowledge and underst anding of the use of and requirements of federal documentation for design associated with federally-funded construction projects.  Best Management Practices.
 Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
 Understanding of environmental regulations relevant to construction activities.

Attachment O

Atty. Rev. 2021

 Consultant is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
 Consultant and its sub-consultants shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State and local laws.

Surveying Services

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform structural engineering services on the project types listed above include, but are not limited to:

 Design surveys
 Topographic surveys
 Construction staking
 Quality assurance of contractor staking
 Monument control
 Record and title research
 Plat and legal description for property acquisitions
 ROW certifications (Caltrans)
 Map Checking
 Corner Record
 Property and Easement Descriptions

Attachment O

Atty. Rev. 2021

EXHIBIT “B”

PAYMENT

I. Progress Authorization

This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.

Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.

During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.

The aggregate not-to-exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.00.

II. Invoice procedure.

A. Payment shall be at the conclusion of the Project based on the billable charges.

B. The Contractor shall present the bill for charges by the second day of the month.

C. The Contractor’s bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.

III. Maximum billable amounts

Under no circumstance shall the total of all payments to the Contractor exceed ninety percent (90%) of the maximum not-to-exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".

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EXHIBIT “C”

INSURANCE

INSURANCE REQUIREMENTS

Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Provider, his/her agents, representatives, or employees. If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Provider.

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion a nd network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit Attachment O

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monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Provider shall maintain limits no less than:

1. General Liability - $2,000,000 per occurrence for 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/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Statutory limits.

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

C. Self-insured Retentions

Self-insured retentions must be declared to and approved by the City.

The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.

D. Other Insurance Requirements

The liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as addition al insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or Attachment O

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equipment furnished in connection with such work or
operations. General liability coverage can be provided in the form or an endorsement to the Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

2. For any claims related to this project, the Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insurance maintained by the City, its off icers, officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.

4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be
before the date of the contract or the beginning of contract work. b. Insurance must be maintain ed and evidence of
insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the c ontract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

E. Acceptability of Insurers

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Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

F. Verification of Coverage

Provider shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work b eginning shall not waive the Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

G. Special Risks or Circumstances

The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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AGREEMENT FOR PROFESSIONAL SERVICES

On-Call Civil Engineering and Surveying Services

This Agreement is made on June 17, 202 5, by and between Water Systems Consulting, Incorporated, a California Corporation (“Contractor”) , and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and

WHEREAS, City has determined the Project involves the performance of engineering services of a temporary nature; and

WHEREAS, City does not have available employees to perform the services for the Project; and

WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and

WHEREAS, Contractor is registered or licensed in California to perform construction services for the Project.

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.01. Term and Termination.

The term of this contract is until 11:59 p.m. on June 30, 2026, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.

2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing On-Call Civil Engineering and Surveying services.

More specifically, Contractor agrees to perform the specific services listed in Exhibit “A.”

2.03. City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit “B.”

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2.05. Insurance. Contractor shall provide insurance as listed in Exhibit “C.”

2.06. Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.

3. Contractor’s Obligations.

3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.

3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.

3.03. Status. Contractor (including its employees) is an independent contractor.

No employer/employee relat ionship exists between Contractor and the City.

Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contra ctor under this agreement. Contractor (as a business entity, including its employees) is a “design professional” as defined by California Civil Code section 2782.8(c)(3).

3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor including its agents, subcontractors and employees. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRACTOR’s Response to Request for Proposals and whose rate sheets have been included in this Agreement.

Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.

CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTOR. CONTACTOR shall ensure that this Agreement is incorporated by refer ence into any Agreement Attachment P
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with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.

4. Miscellaneous

4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a desig nated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:

To City:

David Beas, P.E.,
Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:

Water Systems Consulting, Inc.

Attn: Justin Pickard
805 Aerovista Place, Suite 201
San Luis Obispo, CA 93401

If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Represent ative, or upon confirmation of receipt of delivery if another notification process is used.

4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.

4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.

4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.

4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, S tate of California.

4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.

4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

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of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers’ compensation coverage to the City before beginning work on this project.

4.10. Prevailing Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.

IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.

WATER SYSTEMS CONSULTING,
INC., A California Corporation
CITY OF SANTA MARIA, a California
Municipal Corporation

___________________________
By: JUSTIN PICKARD
Vice President

___________________________
By: BRETT FULGONI
Public Works Director
ATTEST:

___________________________
Donna G. Schwartz, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

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EXHIBIT “A”

SERVICES TO BE PERFORMED

Basic services shall be to perform various engineering/surveying tasks typical of a municipal agency.

Tasks may include, but are not limited to the following:

Project Management Services

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform project management services on the project types listed above include, but are not limited to:

 Continuous interface with City staff regarding projects  Attend project meetings and prepare meeting agendas and action items  Follow up to ensure action items are compiled with
 Coordination with engineering consultants
 Coordination with other agencies
 Provide technical review and comment on consultant deliverables  Development/maintenance of project schedules
 Prepare bid packages
 Track and monitor project costs
 Track and monitor all funding
 Prepare grant funding claims as required
 Prepare grant applications
 Prepare RFPs for professional services, as required to continue progress of projects.

Civil Engineering Services

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform engineering design services on the project types listed above include, but are not limited to:

 Preparation of plans, specifications and estimates
 Plan check/Peer review
 Preparation of project drawings in CAD
 Constructability Review
 Understanding and application of standard details and specifications from:
 City of Santa Maria
 Caltrans
 Greenbook
 APWA
 AWWA
 County of Santa Barbara
 Knowledge a nd understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects.  Best Management Practices.
 Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
 Understanding of environmental regulations relevant to construction activities.

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 Consultant is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
 Consultant and its sub-consultants shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State and local laws.

Surveying Services

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform structural engineering services on the project types listed above include, but are not limited to:

 Design surveys
 Topographic surveys
 Construction staking
 Quality assurance of contractor staking
 Monument control
 Record and title research
 Plat and legal description for property acquisitions
 ROW certifications (Caltrans)
 Map Checking
 Corner Record
 Property and Easement Descriptions

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EXHIBIT “B”

PAYMENT

I. Progress Authorization

This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.

Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.

During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.

The aggregate not-to-exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.00.

II. Invoice procedure.

A. Payment shall be at the conclusion of the Project based on the billable charges.

B. The Contractor shall present the bill for charges by the second day of the month.

C. The Contractor’s bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.

III. Maximum billable amounts

Under no circumstance shall the total of all payments to the Contractor exceed ninety percent (90%) of the maximum not-to-exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".

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EXHIBIT “C”

INSURANCE

INSURANCE REQUIREMENTS

Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Provider, his/her agents, representatives, or employees. If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Provider.

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasi on of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response co sts as well as regulatory fines and penalties as well as credit Attachment P

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monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Provider shall maintain limits no less than:

1. General Liability - $2,000,000 per occurrence for 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/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Statutory limits.

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

C. Self-insured Retentions

Self-insured retentions must be declared to and approved by the City.

The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.

D. Other Insurance Requirements

The liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or Attachment P

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equipment furnished in connection with such work or
operations. General liability coverage can be provided in the form or an endorsement to the Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

2. For any claims related to this project, the Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or s elf-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.

4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not t he City has received a waiver of subrogation endorsement from the insurer.

5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be
before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the contract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

E. Acceptability of Insurers

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Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

F. Verification of Coverage

Provider shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Pr ovider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

G. Special Risks or Circumstances

The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Alex Posada, Recreation and Parks Director

DATE: June 17, 2025

SUBJECT: Adoption of a Resolution Approving a Professional Services Agreement with J.D. Humann, Inc. for Citywide Landscape Maintenance Services

Description:

The City Council will consider approving a 36-month Professional Services Agreement to J.D. Humann, Inc. for Citywide landscape maintenance work.

Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

RECOMMENDATION:

Adopt a Resolution approving a Professional Services Agreement with JD Humann, Inc. for Citywide Landscape Maintenance Services in alignment with the City’s Purchasing Guidelines.

BACKGROUND
On April 22, 2025, the City issued a Notice Inviting Sealed Requests for Proposals (RFP) for Citywide Landscape Maintenance Services. The basis of the RFP is to provide results- based landscape care for streetside landscaping, retention basins, parks, and plazas that are managed by the Parks Operations Division of the Recreation and Parks Department.

The RFP was posted on the Bids and Proposals page of the Public Works section of the City of Santa Maria’s website and published in the Santa Maria Times on April 22, 2025, and April 24, 2025.

DISCUSSION
The current City of Santa Maria Landscape Maintenance Services contract expires on June 30, 2025. After review of the forecasted budget, changing economic climate, and the continued need to care for landscaping throughout Santa Maria, the city determined that it would be in the best interest of the City to seek out new service proposals. The 2025 RFP for Citywide landscape maintenance includes Landscape Maintenance Districts, Special Benefit Zones, retention basins, plazas, and parks.

The provision of landscape maintenance service is a dynamic service that requires the contractor to be accurate, flexible, and reactive to the customers of the Landscape Maintenance Districts, Special Benefit Zones, retention basins, plazas, and parks. The 2 RFP pro cess allows proposers to present their company’s best cost and practices to deliver services being requested by the City. Several factors in the proposal are considered, weighted, and evaluated, taking into account the City’s collective knowledge of services required, then a recommendation is made. Therefore, it is not necessarily the lowest proposal that is awarded the contract. The contractor considered for award is the one that presents the most cost-effective, concise, and complete information as part of their initial response packet. In this case, the city received four inquiries and four completed responses to the RFP. All were considered, as their proposal formats acceptably followed the RFP guidelines: The responses to the RFP are on file in the Department of Finance.

The evaluation team consisted of Scott Christian, Special Districts Supervisor, Neville Smeda, Business Manager, and Angela Oslund, Assistant Director of the Recreation and Parks Department. This rating team considered the information submitted by the contractors and ranked the proponents in the following areas: overall cost associated with the contract, landscape maintenance knowledge and experience, reference checks, staffing levels to perform the scope of services, and compliance with the bid instructions.

The team independently rated each proposer’s package for all evaluation criteria other than reference checks, and the average of the three was taken to be the final score.

Reference checks were conducted, and the top scores for each contractor were scored based on the reference’s ranking and added to the average score. The team reconvened to analyze the ranking against the known factors and presented the findings to Alex Posada, the Director of the Recreation and Parks Department, wh o then made the final decision on the recommendation.

Each proposal was evaluated using a point formula and scored based on response to the RFP. The maximum rating scale was 100 points; the results are listed below. The annual cost comparison shown is based on the award of three of the four Landscape Maintenance Districts and their Special Benefit Zones.

Firm Name Overall Rating Cost per SF Annual Cost
JD Humann Landscaping, Inc. 84.35 $0.2100 $1,083,148.29 AllWeather Landscape Inc. 75.21 $0.1800 $928,412.82
Brightview Landscape Services, Inc. 71.60 $0.2211 $1,140,400.41 EMTS, Inc. (Elite) 56.84 $0.2510 $1,294,620.10

J.D. Humann Landscaping, Inc. scored the highest overall ratings. Although AllWeather Landscape Inc. presented the lowest overall square footage cost, J.D. Humann Landscaping, Inc. provided the most advantageous proposal to the city. J.D. Humann Landscaping, Inc. provided a comprehensive Quality Assurance/Quality Control Plan, identified all of their office and field staff by name and position to meet the level of service identified in the contract, provided a detailed staffing plan, and provided lower “Extra Services” costs on all items than AllWeather Landscape Inc.

3 Staff recommends the City enter into a three (3) year contract agreement with J.D.

Humann Landscaping, Inc. based on the proposed costs and an annual CPI index review of appropriations, expenses, and mutual consent of both parties to renew for up to three (3) additional one (1) year terms.

The total contract award includes the Northwest Landscape District, Northeast Landscape District, Southwest Landscape District, and Extra Services up to $350,000.

TOTAL CONTRACT AWARD = $1,083,148.29 + $350,000.00 = $1,433,148.29

J.D. Humann Landscaping, Inc. , a California corporation, located in Santa Maria, has been in business for over 35 years, and has served the Santa Maria area since 1982.

J.D. Humann Landscaping, Inc. is the City’s current contractor and performs landscape maintenance services for the City’s Landscape Maintenance Districts and Special Benefit Zones. The City’s relationship with J.D. Humann Landscaping, Inc. has been excellent over the years, and their quality of work has met the level of service standards identifie d in the scope of work of their contract.

ALTERNATIVE
The City Council may choose not to approve this professional services agreement. If so, the city would have to reprioritize City staff to provide reduce d level of service at City parks, sports fields, and other public spaces in order to maintain services at Landscape Maintenance Districts and Special Benefit Zones.

FISCAL CONSIDERATION
The recommendation would authorize staff to work with J.D. Humann Landscaping, Inc. to provide landscape maintenance services at Landscape Maintenance Districts, Special Benefit Zones, retention basins, plazas, and parks for the amount of $1,433,148.29.

The city is authorized to levy and collect assessments for the purposes of maintaining the public landscaping at par ks for the 4 Landscape Maintenance Districts and 20 Special Benefit Zones under the Landscaping and Lighting Act of 1972. There is sufficient funding in the anticipated revenues in both the Landscape Maintenance District/Special Benefit Zone funds and in the General Fund for the FY 2025-26 to award this contract.

IMPACT TO THE COMMUNITY
Regularly scheduled landscape maintenance work keeps the city’s rights of way, street medians, parks, and open spaces thriving, reduces liability exposure, and helps keep the City looking its best for residents and visitors. Landscape turf, plants, shrubs, and trees provide the generation of oxygen, absorb CO 2 in the atmosphere, and help to mitigate urban flooding by storing rainwater.

ATTACHMENT(S)
A. Resolution- JD Humann Contract
B. Agreement for Professional Services Citywide Landscape Maintenance Services Attachment A
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA MARIA, CALIFORNIA,

APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH
J.D. HUMANN, INC. FOR CITYWIDE LANDSCAPE MAINTENANCE SERVICES

WHEREAS, the City of Santa Maria is in need of securing professional Citywide landscape maintenance services; and

WHEREAS, on April 22, 2025, the City issued a Notice Inviting Sealed Request for Proposals (RFP) for the provision and service of landscape maintenance (RFP RP-2025- 01); and

WHEREAS, four companies submitted proposals and four proposals complied with the bid instructions, allowing them to proceed to the review; and

WHEREAS, City’s Purchasing Guidelines competitive proposals following the “Best Value” procedure, and Santa Maria Municipal Code §3-4 were followed; and

WHEREAS, J.D. Humann , Inc. submitted a Proposal the City has deemed acceptable, and has provided a staffing plan that has been deemed acceptable, has extensive knowledge, and is qualified to provide the needed services, and is willing to provide those services on mutually agreeable terms; and

WHEREAS, a recommendation to award the contract to J.D. Humann Landscaping, Inc. is made by the Director of Recreation and Parks.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California as follows:

SECTION 1. The above recitals are true and correct; and

SECTION 2. J.D. Humann, Inc. is awarded a Professional Services Agreement to perform landscape maintenance services Citywide; and

SECTION 3. The terms of the agreement is for three years; and

SECTION 4. The City Council authorizes and directs the Director of Recreation and Parks to execute the agreement on the City’s behalf.

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Attachment A

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria on this 17th day of June 2025.

Mayor

ATTEST:

Chief Deputy City Clerk

APPROVED AS TO FORM:

By:

City Attorney

APPROVED AS TO CONTENT:

By:

Department Director

By:

City Manager

Attachment B

AGREEMENT FOR PROFESSIONAL SERVICES
(Citywide Landscape Maintenance Services)

THIS AGREEMENT is made on June 17, 2025, by and between J.D. Humann Landscaping Inc. and the City of Santa Maria, a California Municipal Corporation and charter City (“City” ), in the Santa Maria, California, based on the following recitals:

1. The City is involved in the maintenance of certain public right -of-way areas in connection with the Landscape Maintenance Districts , Special Benefit Zones , retention basins, plazas, and parks throughout the City of Santa Maria; and

2. The City requires a duly qualified landscape contractor with experience in providing professional landscape maintenance services throughout the City of Santa Maria; and

3. J.D. Humann Landscaping Inc. is a firm having the necessary experience and qualifications to provide the landscape maintenance; and

4. The City has funds for the provisions and services of landscape maintenance; and

5. On April 22, 2025, the City issued a Notice Inviting Sealed Reque st for Proposals for provision and service of landscape maintenance (RP-2025-01); and

6. J.D. Humann Landscaping Inc. has submitted a Proposal that the City has deemed acceptable, has provided a staffing plan that has been deemed acceptable, has extensive knowledge and is qualified to provide the needed services, and is willing to provide those services on mutually agreeable terms; and

NOW, THEREFORE, IT IS AGREED:

1. Recitals True. The above recitals are true.

2. General.

2.01 Term and Termination. The term of this contract is three years, beginning on the date first written above. This contract may be extended by the mutual consent of the parties for up to three consecutive one -year periods . This contract may be terminated for breach of its terms and conditions, or because of the discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice, as specified in this Agreement.

2.02 Services to be Performed. The “Scope of Work” is hereby attached as Exhibit “A”. J.D. Humann Landscaping Inc.’s proposal, dated May 16, 2025, and consisting of a price quote, and an insurance certification, is attached hereto as Exhibit “B”.

J.D. Humann Landscaping Inc. shall determine the method, details and means of providing service and delivery of landscape maintenance in the Landscape Maintenance Districts , Special Benefit Zones , and other City landscaped areas .

More specifically, J.D. Humann Landscaping Inc. agrees to perform the specific services set forth in Exhibits “A”, “B”, “C”, D”, and “E”. In its sole discretion, City may reduce or increase the scope of work upon 30 days written notice to Contractor.

Price shall be reduced or increased in proportion to the reduced or increased scope Attachment B
of work on a time and materials or unit basis and shall be documented in a change order to this Agreement.

2.03 City’s Duties. City’s duties under this Agreement are to cooperate with J.D.

Humann Landscaping Inc. in the performance of the Agreement and timely pay ment of invoices.

2.04 Payment and Liquidated Damages. City shall pay J.D. Humann Landscaping Inc. for the services provided under this Agreement in accordance with the prices quoted in Exhibit “B”. Payment terms under this Agreement are listed in Exhibit “ C”.

Repairs to correct irrigation problems shall be performed within 24 hours of being notified either in writing or verbally of an irrigation problem. Special Requests for Weed Abatement, Trash Removal, Trimming, Mowing, and any other service contemplated in th is agreement shall be performed within the timeline allocated to the Contractor by the City’s Authorized Representative . If repairs are not made within the time period specified by the City’s Authorized Representative , the City’s Authorized Representative may, i) self- perform all or part of the work to resolve the issue and any restoration resulting from delays with City of Santa Maria Employees, and/or ii) outsource the repair, service, and restoration, etc. to another Licensed Contractor, and deduct the amount paid for labor and materials, plus penalties, and a 15% Administrative Expense from the monthly billing.

2.05 Insurance. J.D. Humann Landscaping Inc. shall provide insurance as set forth in Exhibit “D”.

3. Contractor’s Obligations.

3.01 Mi nimum Amount of Service . J.D. Humann Landscaping Inc. shall devote sufficient time to perform services under this Agreement efficiently and effectively.

J.D. Humann Landscaping Inc. may represent, perform services for, and be employed by additional individuals o r entities at J.D. Humann Landscaping Inc. sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City’s business.

3.02 Schedules. J.D. Humann Landscaping Inc. shall provide a wo rk schedule specifically outlining the days of the week specific tasks listed in the scope of services will be performed. For example: litter pick-up, mowing, pruning, general maintenance, irrigation check, etc. This schedule must be app roved by the City’s Authorized Representative. All work performed shall be completed on the days indicated on the approved work schedule and can be changed only with the approval of the City’s Authorized Representative.

3.03 Tools and Equipment . Except as otherwise stat ed in this Agreement, J.D.

Humann Landscaping Inc. will supply all tools and equipment necessary to perform this Agreement. All J.D. Humann Landscaping Inc. vehicles shall be easily identified by the public with a magnetic sign attached to each vehicle wi th the name of the company, phone number and a statement to the effect that the crew is under contract with the City of Santa Maria Landscape Maintenance Districts.

3.04 Status. J.D. Humann Landscaping Inc. (including its employees) is an independent co ntractor. No employer/employee relationship exists between J.D.

Humann Landscaping Inc. and the City. J.D. Humann Landscaping Inc. assigned Attachment B
personnel shall not be entitled to any benefits payable to employees of the City. The city is not required to make any deductions or withholdings from the compensation payable to J.D. Humann Landscaping Inc. under this agreement.

3.05 License. J.D. Humann Landscaping Inc. must have a State of California C -27 Landscape Contractor License.

3.06 Indemnification. To the fullest extent allowed by law, J.D. Humann Landscaping Inc. shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liab ilities (including witho ut limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative costs of alternative dispute resolution) regardless of nature or type that arises out of, pertain to, or relate to the negligence, reckl ess, or willful misconduct of J.D. Humann Landscaping Inc. or the acts or omissions of an employee, agent or subcontractor of J.D. Humann Landscaping Inc.. The provisions of this paragraph survive completion of the services or the termination of this cont ract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

4. Miscellaneous

4.01. Notices . All communication relating to the day -to-day activities of this Agreement shall be exchanged between a designated rep resentative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:

To City: To Contractor:

Attn. Alex Posada, Director Attn. John D. Humann, President 615 S. McClelland 201 W. Broadway, Suite 122 Santa Maria, CA 93454 Santa Maria, CA 93457

If the designated Representative or address of either party changes during the term of this Agreement, a written notice shall be given to the oth er party prior to the effective date of change. Any written notices required under this Agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this Agreement.

4.03. Integration. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties.

4.04. Interpretation. This Agreement shall be interpreted in ac cordance with the laws of the State of California.

4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this Agreement shall be in the County of Northern Santa Barbara, State of California.

Attachment B

4.06. Warranty of Authority. Each person signing this Agreement on behalf of a party warrants that he or she has authority to do so.

4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

4.08. Severability. The provisions of this Agreement are sev erable. If any part of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

4.09. Submittals. In addition to any other submittals required by this Agreement, Contractor shall submit copies of its current business license and current certificate of workers compensation coverage to the City before beginning work on this project.

4.10 Prevailing Wage. Pre vailing Wage. If applicable, Contractor and all subcontractors are required to pay the State prevailing wage rates with certified payroll Pursuant to CA Labor Code Section 1771 et seq., http:www.dir.ca.gov/PWD/index.htm The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined and specified are referred to and made a part hereof as though fully set forth herein. Obtain the project D.I.R. numbe r from the Recreation and Parks Special District Supervisor . Contractor shall follow all applicable requirements in Exhibit “E”.

IN WITNESS WHEREOF, this Agreement is executed by the parties on the date first written above.

CONTRACTOR

J.D. HUMANN LANDSCAPING INC.,
a California Corporation

By: ___________________________
John D. Humann, President
President

By: ___________________________
Daniel Wiggins
General Manager
CITY

CITY OF SANTA MARIA, a California Municipal
Corporation

By:

Alex Posada
Director of Recreation and Parks

ATTEST:

By: _____________________________
Donna G. Schwartz
Chief Deputy City Clerk

Attachment B

EXHIBIT “A”

SCOPE OF WORK

Description
The landscape main tenance preserves and sustains the quality of the landscape. Landscapes are generally designed with a given style, formal or informal. Proper maintenance maintains the intended design concept.

Work Included
J.D. Humann Landscaping Inc. must have a worki ng knowledge of the maintenance of turf areas, mowing requirem ents and operations, plant identification and pruning requirements, irrigation systems and repair, drainage systems and debris removal, post and pre -emergent application, fertilizer application, and other related work. J.D. Humann Landscaping Inc. shall keep City representative informed of areas needing any renovation including replenishing bark, dead or dying plant material or missing plant material.

Severability of Tasks
The City reserves the right of severability; any clause or task within these specif ications may be deleted at the discretion of the Recreation and Parks Department. Adjustments to the contract costs will be made accordingly.

Quality Assurance
J.D. Humann Landscaping Inc. and/or employees must be properly licensed and registered to perform pest control work described below.

Site Conditions
Existing Conditions. J.D. Humann Landscaping Inc. shall inspect the entire site and be familiar with the requirements and growth habits of all existing plant material. INITIAL

Environmental Conditions. J.D. Humann Landscaping Inc. shall immediately advise the Recreation and Parks Department of disease or pest problems and any other conditions, which may be detrimental to the condition of the landscape or fixtures therein. INITIAL

Scheduling
Maintenance services shall be provided on a weekly basis, Monday through Saturday, between the hours of 7:00 a.m. and 6:00 p.m. J.D. Humann Landscaping Inc. shall provide to the City’s Authorized Representative for approval, a work schedule specifically o utlining on which days of the week specific tasks of the Agreement will be performed, for example: litter pick -up, mowing, pruning, general maintenance, irrigation check, etc. All work performe d within the Agreement area shall be completed on the days indicated and can only be changed with the acknowledgement and approval of the Recreation and Parks Department representative.

J.D. Humann Landscaping Inc. shall submit a monthly report that indicates all the work that was performed within the contracted are a, such as litter pick -up, mowing and edging , irrigation inspections, pesticide a nd herbicide applications , disease and pest control (as referenced in the RFP), to the City’s Authorized Representative

Warranty
Attachment B
J.D. Humann Landscaping Inc. shall furnish all supervision, labor, materials, and equipment necessary for the complete maintenance of all landscaped areas.

Plant materials shall be maintained in a healthy and vigorous condition and allowe d to grow and develop natural growth habits without being clipped into balled or boxed forms.

Irrigation and drainage systems shall be kept in good working order, and the general site kept clean, and free of litter, debris, or graffiti. This includes all drainage swales, inlets and outlets.

J.D. Humann Landscaping Inc. shall restore or replace any trees, shrubs, ground covers, lawn, perennials, annuals, or irrigation components damaged by J.D. Humann Landscaping Inc. action or lack of action. This includes lack of water or over-watering. Please note that these conditions should be noted when irrigation checks are performed.

J.D. Humann Landscaping Inc. is obligated to notify the City’s Authorized Representative of any dead or dying plant material including vines, shrubs, groundcover or trees. J.D. Humann Landscaping Inc. shall be responsible for replacing any dead or dying plant material that was previously well - established with appropriate plant size (5 gallon plants/24” box trees).

J.D. Humann Lan dscaping Inc. shall not be responsible for the following, unle ss specifically agreed upon:

Replacement of plant material damaged or destroyed by storms, or other causes beyond J.D.

Humann Landscaping Inc. control.

Equipment
J.D. Humann Landscaping Inc. shall provide and maintain all equipment necessary to properly complete the maintenance work. Equipment shall be safe, proper, efficient, and suited to and for, the job. All cutting blades shall be kept properly sharpened. All equipment must have all re quired safety devices in place and fully operational.

PRODUCTS
Pesticides
Whenever possible, integrated pest management (IPM) should be used with the intent of minimizing the use of pesticides . All pesticides MUST be registered in the State of Californi a and conform to all requirements of the California Food and Agriculture Code.

Herbicides
Least toxic products shall be considered. All herbicides MUST be registered in the State of California and conform to all requirements of the California Food and Agriculture Code.

EXECUTION
Trees
All tree maintenance/trimm ing shall be provided by the City of Santa Maria. No string trimmers or mowers are to be allowed closer than two feet from the trunk of trees. Herbicides, hand pulling and mulching are to be used to suppress weeds and grass as needed within the two foot radius.

Shrubs and Vines
Pruning
Attachment B
The general objectives for pruning shrubs and vines are to maintain growth within space limitations, to maintain a natural appearance, to eliminate diseased or d amaged growth, and to select and develop permanent branches.

General pruning may be done at any time, but major pruning should be done no more than once a year.

Shrubs shall be pruned to conform to the design concept of the landscape.

Individual shrubs shall not be clipped into balled or boxed forms but allowed to exhibit their natural growth habits. Plants shall be pruned to conform to their natural growth characteristics whenever possible, except with the 50-foot site view triangles at road intersections, where a 36-inch height must be maintained.

Vines shall be pruned to control growth and direction and shall be kept “in-bounds” and not allowed to grow over walls, doors, gates, or other structural facilities. Vines shall be trimmed to within two blocks of the top of the walls. Ground vines shall not be allowed to cover the crowns of shrubs or grow up tree trunks.

To prevent leggedness (sparse lower branches), shrubs shall be maintained with the lower foliage wider than the upper foliage.

Ground Covers
Edging
Ground covers shall be edged up to four times a year, maximum growth will be six inches over adjacent concrete, and maximum pruning back will be to the edge of concrete.

Lawns
Mowing
Lawns shall be mowed weekl y in season to provide a neat ap pearance. Abandoned lawn shall be kept trimmed and edged as needed without a specific schedule.

As a general rule, warm-season grasses are mowed shorter than cool-season grasses. Begin mowing at two and a half inches in the spring, and adjust to three inches by late summer and early fall. Avoid scalping during the growing season.

Edging/Weed-eating
All lawn edges shall be edged every two weeks throughout the year.

Obstacles within the lawn areas shall be edged to maintain a grass -free clear space of t wo inches in width.

Lawn sprinkler heads shall only be edged to allow for proper distribution of water.

Aerate lawns four times and dethatch one time each year in lieu of mowing as turf growth rate allows.

Irrigation Systems
General
The frequency and du ration of irrigation shall be determined and monitored by the City’s Authorized Representative. It is J.D. Humann Landscaping Inc. responsibility to inform the City’s Authorized Representative of any dry areas or wet areas in a timely fashion.

Attachment B

All irrigation controllers should be programmed to run between the hours of 10:00 p.m. and 6:00 a.m. by the City’s Authorized Representative.

J.D. Humann Landscaping Inc. shall perform inspections and notify the City’s Authorized Representative of any irrigation problems.

System Maintenance
All replacement heads or parts sha ll be of the same manufacturer, type, and application rates as approved by the Recreation and Parks Department.

J.D. Humann Landscaping Inc. shall be required to make repairs to correct irrigat ion problems within 24 hours of being notified of an irrigation problem. If repairs are not made within the specified time period, the City’s Authorized Representative shall outsource the repair and deduct the amount paid for labor and materials, plus penalties, from J.D. Humann Landscaping Inc. monthly billing.

J.D. Humann Landscaping Inc. shall be responsible for making repairs on all irrigation system lateral lines one inch or less in size. Any additional repairs larger than just stated shall be at th e agreed upon irrigation rate which includes the cost of material plus 15 percent. A copy of the material invoice must accompany all billing invoices. This includes vandalism, accidents, and acts of God.

The irrigation system shall be flushed as needed if the irrigation checks demonstrate that a problem exists. The flushing shall be coordinated with the City’s Authorized Representative. Irrigation checks must be noted on the monthly inspection sheets that are turned in to the Recreation and Parks Department. Random quality checks will be done throughout the year as referenced by the RFP.

Drainage Systems
Drainage systems must be routinely checked for blockage which could cause ponding, flooding, and excessive saturation of the soil and plant root zones.

Surface drainage swales and/or gutters shall be kept free of leaves, debris, and sediment accumulations.

Disease and Pest Control
All chemicals MUST be applied under the strict supervision of a California Department of Pesticide Regulation licensed and qualified pest control applicator, per the manufacturers’ recommended label application procedures, and the laws regulating pesticide application. Integrated pest management (IPM) shall be used whenever possible and least toxic materials used.

Plants and lawns shall be maintained in healthy condition such that th ey are able to withstand minor disease and insect damage without controls. Routine applications of pesticides are not permitted, as this practice destroys natural, predator-prey relationships in the environment.

In general, incidence of serious disease and insect problems shall be minimized by proper fertilization and irrigation practices. Where unusually high infections or infestations occur, an accurate identification of the disease or insec t shall be made and the control product selected with care, pr ior to application.

Insecticidal soaps shall be utilized wherever possible.

Attachment B
Rodents such as gophers, mice, ground squirrels and rabbits shall be trapped or controlled with approved baits.

J.D. Humann Landscaping Inc. shall use PPE (Personal Protection Equipment) at all times when applying pesticides.

Weed Control
Use of Herbicides – Herbicides may be used to control and inhibit weed growth, but must be selected with extreme care. Pre -emergent, contact, and translocation herbicides are available. Some herbicides can cause damage to plant material. Herbicides must be applied in strict accordance with manufacturers’ label application procedures. The name, quantities and location of all herbic ides applied, shall be given to the City’s Authorized Representative.

Shrub and Ground Cover Areas – Shrub and ground cover areas shall be maintained free of weeds and grasses. Herbicides may be used to control weed growth. Careful consideration shall b e given to the choice of materials used, since certain herbici des can cause damage to turf grass and some ground covers.

Lawns
Weed infestations shall be discouraged by proper maintenance, including but not limited to proper mowing, proper watering, and proper fertilization.

Any and all deficient practices shall be corrected.

Before selecting and applying herbicides to lawns, the type of weed shall be carefully identified.

Herbicides shall be used as little as possible. Only when necessary shall herbic ides be used as a means of swinging the weed-grass competition in favor of the turf grass.

Other Weed Control – Weeds shall not be allowed to grow in paved areas such as driveways, curbs, walks, and paths. Weeds can be removed manually, or herbicides may be used for control. The use of weed oil, diesel fuel, or other staining or damaging materials is not allowed. Dead weeds shall be removed from all pavements.

J.D. Humann Landscaping Inc. shall use PPE (Personal Protection Equipment) at all times when applying herbicides.

Debris Removal
Litter and trash includin g but not limited to leaves, rubbish, papers, bottles, cans, and other debris shall be removed from all areas of the sit e one time per week on Monday or Tuesday. This shall include emptying of all trash cans and waste cans at doggie bag stations.

Doggie bags shall be replaced in their appropriate containers. The bags shall be supplied by the City’s Authorized Representative.

J.D. Humann Landscaping Inc. shall remove all unapproved signage, such as “For Sale”, “For Rent” and “Garage Sale” signs, etc. w hen observed within all public easement areas. Do not remove any political signage.

Attachment B
Graffiti removal from play equipment. Specification for removal shall be provided by the City’s Authorized Representative. Graffiti other than on play equipment along with shopping carts shall be immediately reported via phone to (805) 925-0951, extension 2667.

Homeless encampments shall be immediately reported to the City’s Authorized Representative.

All refuse from the maintenance operation shall be disposed of properly.

Additional
J.D. Humann Landscaping Inc. shall provide to the City’s Authorized Representative the name and phone number of the individual responsible for this Agreement between the hours of 7:00 a.m. and 6:30 p.m.

All work that is considered to be an extra and/or addition to the original Agreement including the replacement of any dead or dying plant material must be clearly described in writing through a Task Order and approved by the City’s Authorized Representative, prior to performing the work in o rder to receive payment. At no time shall J.D. Humann Landscaping Inc. engage in any work that is considered beyond the scope of the original Agreement without written approval. All additional work shall include the cost of materials, hourly rate, time required to perform the repair and total, charges will follow rates provided on Exhibit “B.”

J.D. Humann Landscaping Inc. shall provide a 24-hour emergency phone number and name of two (2) contact individuals. These individuals shall be able to be reached in the event of an emergency between 6:30 p.m. and 7:00 a.m. Should the phone number or contact persons change during the course of the Agreement, those changes must be provided to the City’s Authorized Representative.

EMERGENCY CONTACTS:

Name: Daniel Wiggins, General Manager, [email protected]

Phone Number: 805-878-9808

Name: Armando Reyes

Phone Number: 805-260-4851

Name: Jorge (Angel) Hererra

Phone Number: 805-310-1314
Attachment B
EXHIBIT “B”
Price Quote and Insurance Certification

1. Contractor’s Price Quote

2. Contractor’s Proof of insurance

Attachment B

EXHIBIT “B” (CONTINUED)

Attachment B

EXHIBIT “B” (CONTINUED)

Attachment B

EXHIBIT “B” (CONTINUED)

Attachment B

EXHIBIT “B” (CONTINUED)

Attachment B

EXHIBIT “B” (CONTINUED)

Attachment B
EXHIBIT “B” (CONTINUED)

Extra’s Price List

Unit cost for the complete purchase and installation of the items listed below. Truck and personnel rates will be used for projects that the unit pricing does not cover.

1 gallon plant installed $15.00

5 gallon plant installed $28.00

15 gallon tree installed $165.00

24” box tree with staking installed $385.00

Flat of Gazania ground cover installed $45.00

I cubic yard of died wood chip ‘bark’ installed $105.00

Support truck per hour $15.00

Crew member per hour $45.00

Foreman/Specialist per hour $55.00

This list will qualify Contractor for small repair and maintenance projects without the need for bid proposals.

Attachment B

EXHIBIT “B” (CONTINUED)

Attachment B
EXHIBIT “C”

PAYMENT TERMS

J.D. Humann Landscaping Inc . fees and compensation: amount, how, and when payable. J.D.

Humann Landscaping Inc. agrees that for all work and services, including supplies and equipment, pertaining to th e Landscape Maintenance Services and required to be furnished by J.D. Humann Landscaping Inc. to the City, that City agrees to pay to J.D. Humann Landscaping Inc., and J.D. Humann Landscaping Inc. agrees to accept and receive as payment in full the fees as set forth below:

AREA UNIT COST UNITS NOT TO EXCEED
Northwest District $0.21/SF 731,318 SF $153,576.78
Northeast District $0.21/SF 1,316,582 SF $276,482.22
Southwest District $0.21/SF 3,109,949 SF $653,089.29
Extra Services See “Extra” Pricing - $350,000.00
SF = Square Feet

TOTAL CONTRACT VALUE = $1,433,148.29

Extra Services All work that is considered to be an extra and/or addition to the original Agreement including the replacement of any dead or dying plant material must be clearly described in w riting through a Task Order and approved by the City’s Authorized Representative, prior to performing the work in order to receive payment.

Monthly Progress Billing. J.D. Humann Landscaping Inc. shall furnish City with an itemized monthly progress billin g for all services rendered. Such progress payments shall be due and payable by the City to J.D. Humann Landscaping Inc. within thirty (30) days after presentation of the approved invoices, expect one week for approval.

Separate billing sheets shall be submitted for each individual Landscape Maintenance District and Special Benefit Zone. Do not combine any special Benefit Zone even if they are within the same Landscape Maintenance District. Payment of any individual billing sheet may be delayed until completion of any unmet scheduling commitments.

J.D. Humann Lan dscaping Inc. agrees to pay penalties automatically deducted from monthly billing as detailed in Section 2.04

J.D. Humann Landscaping Inc. has the right to dispute penalties imposed by the Special District Supervisor or his/her representative, by written response to the notification of said penalties within five (5) working days from the date of notification.

Attachment B

EXHIBIT “D”

INSURANCE REQUIREMENTS

J.D. Humann Landscaping Inc. shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by J.D. Humann Landscaping Inc., his/her agents, representatives, or employees. If J.D. Humann Landscaping Inc. maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.

Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001), including products and completed operations, property damage, bodily injury and personal &advertising injury.

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

Minimum Limits of Insurance

J.D. Humann Landscaping Inc. shall maintain limits no less than:

1. General Liability: $2,000,000 per occurrence for 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/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Worker’s Compensation: Statutory limits.

4. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability-$1,000,000 per occurrence or claim, $2,000,000 aggregate

Self-insured Retentions
Attachment B

Self-insured retentions must be declared to and approved by the City. The City may require the J.D. Humann Landscaping Inc. to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.

Other Insurance Provisions

The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of J.D. Humann Landscaping Inc. including materials, parts or equipment furnish ed in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to J.D. Humann Landscaping Inc. insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

2. For any claims related to this project, J.D. Humann Landscaping Inc. insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return - receipt requested.

4. J.D. Humann Landscaping Inc. hereby grants to City a waiver of any right to subrogation which any insurer of said J.D. Humann Landscaping Inc. may acquire against the City by virtue of the payment of any loss under such insurance. J.D. Humann Landscaping Inc. agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. If any of the required policies provide claims-made coverage:

a. The Retroactive Date must be shown and must be before the date of the cont ract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, J.D. Humann Landscaping Inc. must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless Attachment B
otherwise acceptable to the City.

Verification of Coverage

J.D. Humann Landscaping Inc. shall furn ish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the wo rk b eginning shall not waive J.D.

Humann Landscaping Inc. obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, includin g endorsements effecting the coverage required by these specifications at any time.

Special Risks or Circumstances

The city reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Attachment B
EXHIBIT “E”

PREVAILING WAGE

The terms of this Agreement apply to all public works projects for over $1,000.

For purposes of this Exhibit, “Public Works” includes any project of a type defined in California L abor Code section 1720 when paid for in whole or in part by public funds. These projects include:
construction, alteration, demolition, installation, or repair work done under contract. For purposes of this definition, "construction" includes work performed during the design, site assessment, feasibility study, and o ther preconstruction phases of construction, including, but not limited to, inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the postconstruction phases of construction, including, but not limited to, all cleanup work at the jobsite. For purposes of this definition, "installation" includes, but is not limited to, the assembly and disassembly of freestanding and affixed modular office systems.

Pursuant to California Labor Code sections 1720 and 1771, construction, alteration, demolition, installation, repair and maintenance work performed under this Agreement is subject to State prevailing wage laws. State prevailing wage laws require certain provisions be included in all contracts for public works. The Contractor and any subcontractors shall comply with all applicable State prevailing wage laws, whether included in this agreement or inadvertently omitted, including but not limited to the requirements listed below:

1. Compliance with Prevailing Wage Requirements. Pursuant to California Labor Code sections 1720 through 1861, the Contractor and all subcontractors shall ensure that all workers who perform work under this Agreement are paid not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations (DIR). This includes work performed during the design, site assessment, feasibility study, and other preco nstruction phases of construction, including but not limited t o inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the post - construction phases of construction, including but not limited to all cleanup work at the jobsite.

1.1. Copies of such prevailing rate of per diem wages are on file at the City Public Works Department and are available for inspection to any interested party on request. Copies of the prevailing rate of per diem wag es also may be found at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. The Contractor and all subcontractors shall post a copy of the prevailing rate of per diem wages determination at each job site and shall make them available to any interested party upon request.

1.2. The wage rates determined by the DIR refer to expiration dates. If the published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, then the published rate of wage shall be in effect for the life of this Agreement. If the published wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on fi le with the DIR, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to this Agreement in the same manner as if it had been published in said publication. If the predetermined wage rate refers to on e or more additional expiration dates with additional predeter mined wage rates, which expiration dates occur during the life of this Agreement, each successive predetermined wage rate shall apply to this Agreement on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rates expires during the life of this Agreement, such wage rate shall apply to the balance of the Agreement.

Attachment B

2. Penalties for Violations. The Contractor and all subcontractors shall comply with California Labor Code section 1775 in the event a worker is paid less than the prevailing wage rate for the work or craft in which the worker is employed. This shall be in addition to any other applicable penalties allowed under California Labor Code sections 1720 through 1861.

3. Payroll Records. The Contractor and all subcontractors shall comply with California Labor Code section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them avai lable for inspection. The Contractor shall require all subcontractors to also comply with section 1776. The Contractor and all subcontractors shall furnish records specified in section 1776 on a monthly basis, both to the City and directly to the Labor Commissioner in the manner required by California Labor Code section 1771.4. The Contractor shall ensure its subcontractors prepare and submit payroll records to the City and the DIR as required by this section. The City may require the Contractor and its subcontractors to prepare and submit records specified in section 1776 to the City and the Labor Commissioner on a weekly basis, at no additional cost to the City.

4. Apprentices. The Contractor and all subcontractors shall comply with California Labor Code sections 1777.5, 1777.6 and 1777.7 concerning the employment and wages of apprentices. The Contractor is responsible for compliance with this section for all apprentice able occupations pursuant to California Labor Code section 1777.5(n).

5. Working Hours. The Contractor and all subcontractors shall comply with California Labor Code sections 1810 through 1815, including but not limited to: (i) restrict working hours on public works contracts to eight hours a day and forty hours a week, unless all hours worked in excess of 8 hours per day are compensated at not less than 1½ times the basic rate of pay; and (ii) specify penalties to be imposed on contractors and subcontractors of $25 per worker per day for each day the worker works more than 8 hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.

6. Required Provisions for Subcontracts. The Contractor shall include, at a minimum, a copy of the following provisions in any contract they enter into with a subcontractor: California Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860 and 1861.

7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the Contractor is required to secure the payment of compensation o f its employees. By signing the Agreement, to which this is an exhibit, the Contractor certifies that:

“I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ com pensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”

8. Compliance Monitoring and Enforcement. This project is subject to compliance monitoring and enforcement by the DIR. The City must withhold contract payments from the Contractor as directed by the DIR, pursuant to California Labor Code section 1727.

9. Contractor and Subcontractor Registration Requirements. The Contrac tor and all subcontractors shall not engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5 Contractor certifies that the Contractor has verified that all Contractor and all subcontractors (if any approved by City) used on this project are registered with the DIR in compliance with California Attachment B
Labor Code sections 1771.1 and 1725.5. The Contractor shall provide proof of registration for themselves and all listed subcontractors to the City at the time of signature of contract and immediately upon any changes or City’s request.

10. Stop Order. Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of California Labor Code sections 1725.5 or 1771.1, the Labor Commissioner must issue and serve a stop order prohibiting the use of the unregistered contractor or subcontractor on ALL public works until the unregistered contractor or subcontractor is registered. Failure to observe a stop order is a misdemeanor.

COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Shad S. Springer, Director of Utilities

DATE: June 17, 2025

SUBJECT: Adoption of a Resolution A pproving a Professional Services Agreement with C lean Earth Environmental Solutions, Inc. for Household Hazardous Waste Collection Services at the Santa Maria Regional Landfill and Authorizing City Manager to Execute Agreement.

Description:

The City Council will consider adopting a Resolution authorizing an agreement with Clean Earth Environme ntal Solutions, Inc. for household hazardous waste collection and processing services at the Santa Maria Regional Landfill.

Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

RECOMMENDATION:

Adopt a Resolution Approving a Professional Services Agreement with Clean Earth Environmental Solutions, Inc. to Provide Household Hazardous Waste Collection Services at the Santa Maria Regional Landfill and Authorize City Manager or Designee to Execute Agreement.

BACKGROUND:

The Santa Maria Regional Landfill (SMRL) is a Class III disposal facility owned and operated by the City of Santa Maria (City). The landfill serves both residential and commercial customers. As part of landfill operations, the city operates an on -premises permanent household hazardous waste collection facility (PHHWCF), which has been in operation since 1992.

The PHHWCF is currently permitted by the Santa Barbara County Public Health Department. The permit allows operating hours on Wednesdays from 10:00 a.m. to 1:00 p.m. and Saturdays from 9:00 a.m. to 3:00 p. m. Additionally, local businesses that generate small quantities of household hazardous waste may use the facility by appointment only on Wednesdays from 8:00 a.m. to 10:00 a.m.

Due to the part-time nature of the facility's operation and the specialized certifications and training required for handling these waste streams, staffing the facility with contract labor 2 is more efficient. Full -time City staff remain responsible for permit reporting, oversight, and operational direction.

The city encourages proper disposal of household hazardous waste by residential and small businesses within the community. This is a service offered free of charge, which is an industry standard for landfill operations. The operation helps to divert hazardous material from being disposed of in the landfill and facilitates potential recycling and reuse.

DISCUSSION:

The City’s current contract for these services is set to expire on June 30, 2025. City staff advertised a request for proposals (RFP) on the Planet Bids portal on Apr il 3, 2025.

Notifications were sent to 25 companies on the City’s vendor list and to an additional 250 vendors outside the list. Seven firms expressed interest by downloading the RFP, but only two proposals were submitted by the deadline. City staff also conducted a site walk of the PHHWCF on April 23, 2025.

Proposals were evaluated by a selection committee based on criteria including expertise, experience, project approach, and cost. Following the evaluation and interviews, Clean Earth Environmental Solu tions, Inc. was the unanimous selection of the scoring team.

Subsequently, City staff negotiated contract terms with Clean Earth Environmental Solutions, Inc.

The draft proposed agreement (Attachment “B”) is for an initial term of three years, with two optional one-year extensions. The cost is estimated to be $300,000 for the first year, with cost adjustments in subsequent years based on the Producer Price Index (PPI) to account for inflation. The rates for labor and disposal services are based on estimat ed waste volumes from previous years using historical data and anticipated demand, ensuring cost projections are as accurate as possible.

If authorized by City Council, the Utilities Department will work with Clean Earth Environmental Solutions, Inc. to finalize and execute the agreement in substantial conformance with the attached draft agreement, subject to City Attorney approval.

Alternatives:

The City Council may:
(1) Decline to authorize the agreement, reject all proposals, and direct City staff to reissue the RFP. This will require extending the current contract until a new procurement process is completed.
(2) Decline to authorize the agreement and direct staff to discontinue PHHWCF operations. This will leave the community without convenient options for proper household hazardous waste disposal and increase the risk of landfill contamination.
(3) Decline to authorize the agreement and require City landfill staff to operate the facility. This will necessitate obtaining all necessary certifications and training, increasing costs and liability to the City.

3 Fiscal Considerations
The agreement is estimated to be $300,000 in the first year, based on historic quantities and unit pricing. Funding is available within the approved Solid Waste Disposal Fund 010 (Enterprise Fund) budget.

Impact to the Community:

Continuing the uninterrupted operation of the PHHWCF will allow City residents and small businesses to dispose of household hazardous waste properly and free of charge. In 2024, approximately 2,000 households and small businesses participated in the program, resulting in the safe collection of about 140 tons of hazardous waste.

Impact to the City
Finalizing and executing the agreement will allow household hazardous waste collection and processing services to be provided uninterrupted to the community.

Attachment(s)
A. Resolution
B. Draft Agreement

Attachment A
1 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,

APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH
CLEAN EARTH ENVIRONMENTAL SOLUTIONS, INC. TO PROVIDE

HOUSEHOLD HAZARDOUS WASTE COLLECTION

SERVICES AT THE SANTA MARIA REGIONAL LANDFILL

AND AUTHORIZE CITY MANAGER OR DESGINEE TO EXECUTE AGREEMENT

WHEREAS, the City of Santa Maria (City) owns and operates the Santa Maria Regional Landfill (SMRL), a Class III disposal facility; and

WHEREAS, the City operates a permanent household hazardous waste collection facility (PHHWCF) at the SMRL; and

WHEREAS, the PHHWCF, which is permitted for operations two days a week, is more efficiently run by contract staffing with the necessary certifications and training for managing the operation; and

WHEREAS, the current contract for household hazardous waste collection and processing services expires on June 30, 2025; and

WHEREAS, on April 3, 2025, the Utilities Department released a Request for Proposals (RFP) to solicit proposals from qualified firms to provide household hazardous waste collection and processing services; and

WHEREAS, Clean Earth Environmental Solutions, Inc. submitted the most responsive proposal to provide the services requested by the City.

NOW, THEREFORE, IT I S HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

SECTION 1. Authorize City Manager, or designee, to finalize the agreement with Clean Earth Environmental Solutions, Inc., in substantial conformance with the draft agreement incorporated herein by reference; and
SECTION 2. Authorize City Manager , or designee , to enter into that finalized agreement, in a form to be approved by the City Attorney, for household hazardous waste collection and processing services at the Santa Maria Regional Landfill with Clean Earth Environmental Solutions, Inc.; and
SECTION 3. Authorize City Manager, or designee, to enter into extensions and modifications consistent with the terms of the agreement, or to cancel the agreement, as determined to be in the best interest of the City of Santa Maria; and

SECTION 4. Authorize the Chief Deputy City Clerk to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held on the 17th day of June 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:

_______________________________
City Attorney

APPROVED AS TO CONTENT:

_______________________________
Department Director

_______________________________
City Manager

Atty. rev. 2025; Risk rev. 2025 Page 1 of 13

AGREEMENT FOR PROFESSIONAL SERVICES

HOUSEHOLD HAZARDOUS WASTE COLLECTION

AND PROCESSING SERVICES

This Agreement is made on June 17, 2025 by and between Clean Earth Environmental S olutions, Inc., a Delaware Corporation with a regional office in Pomona, California (“Contractor”), and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

WHEREAS, the City has determined that Household Hazardous Waste Collection and Processing Services involves performance of services of a temporary nature (the “Project”); and

WHEREAS, the City does not have available employees to perform the services for the Project; and

WHEREAS, the City released a Request for Proposals (“RFP”) on April 3, 2025 for household hazardous waste collection and processing services; and

WHEREAS, the Contractor submitted a proposal in response to the City’s RFP before the submission deadline; and

WHEREAS, the City selected the Contractor based on their proposal dated May 8, 2025, as well as the Contractor’s qualifications to perform the Project, including their demonstrated ability to provide all services requested in the RFP; and

WHEREAS, the City has determined Contractor’s rates were fair and reasonable compared to other firms performing similar services; and

WHEREAS, the City has requested Contractor perform the services for the Project; and

WHEREAS, the Contractor is registered or licensed in California to perform the services for the Project.

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.01 Term and Termination. The term of this Agreement begins on the first date written above and ends at 11:59 p.m. on June 30, 2028. This Agreement may be extended by mutual consent of the parties for two additional one-year terms.

2.01.1 Termination Due To Breach. This Agreement may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state, or federal law. Termination is effective fourteen (14) days after deposit of notice as specified in this Agreement.

ATTACHMENT "B"
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2.01.2 Termination Without Cause . Either party may terminate this Agreement without cause by providing written notice to the other party. Such termination shall become effective one hundred twenty (120) days after the date the notice is delivered in accordance with the notice provisions of this Agreement.

2.02Services to be Performed. The C ontractor shall determine the method, details, and means of providing services for the Project. Specifically, the Contractor agrees to carry out the services set forth in Exhibit “in accordance with and subject to the terms of the City’s Request for Proposals (RFP) dated April 3, 2025, and the Contractor’s Proposal dated May 8, 2025, all of which are incorporated herein by reference.

2.03 City’s Duties. The City’s duties under this Agreement are to cooperate with the Contractor in the performance of the Agreement and timely pay invoices.

2.04 Payment. Payment terms under this Agreement are listed in Exhibit “B.”

2.05 Insurance. The Contractor shall provide insurance as listed in Exhibit “C.”

2.06 Exhibits. Exhibits “A”, “B”, and “C” are attached and incorporated.

3. Contractor’s Obligations.

3.01 Minimum Amount of Service. The Contractor shall devote sufficient time to perform services under this Agreement efficiently and effectively. The Contractor may represent, perform services for and be employed by additional individuals or entities, in the Contractor’s sole discretion, as long as the performance of these extracontractual services does not interfere with or present a conflict with the City's business.

3.02 Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.

3.03 Status. The Contractor (including its employees) is an independent contractor. No employer/employee relationship exists between the Contractor and the City. The Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to the Contractor under this Agreement.

3.04 Indemnification. To the fullest extent permitted by law, Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of , pertain to, or relate to the negligence, reckless or willful misconduct of Contractor, or the acts or omissions of an employee, agent or subcontractor of Contractor. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this section are not limited by the provisions of the section relating to insurance.

4. Miscellaneous

4.01 Notices. All communication relating to the day -to-day activities of this Agreement shall be exchanged between a designated representative of City and a representative of Contractor, listed below. All notices shall be addressed as follows unless a written change is filed with the City:

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City: Contractor:

Attn: Shad Springer Attn: Legal
City of Santa Maria Clean Earth Environmental Solutions, Inc.

Utilities Department 933 First Avenue, Ste.200
2065 East Main Street King of Prussia, PA 19406
Santa Maria, CA 93454 Copy to: [email protected]

If the designated Representative or address of either party changes during the term of this Agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this Agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

4.02 Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this Agreement.

4.03 Integration. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties.

4.04 Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.

4.05 Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.

4.06 Warranty of authority. Each person signing this Agreement on behalf of a party warrants that he or she has authority to do so.

4.07 No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

4.08 Severability. The provisions of this Agreement are severable. If any part of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

4.09 Submittals. In addition to any other submittals required by this Agreement, Contractor shall submit copies of its current business license and current certificate of workers compensation coverage to the City before beginning work on this Project.

4.10 Prevailing Wage. If applicable, Contractor and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.

///

///

///

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IN WITNESS WHEREOF , this Agreement is executed by the parties on the date first written above.

“Contractor” “City”

CLEAN EARTH ENVIRONMENTAL
SOLUTIONS, INC.
a Maryland Corporation

CITY OF SANTA MARIA
a political subdivision
of the State of California

By: By:

BRIAN SWANSON SHAD S. SPRINGER, P.E., MPA
Vice President
Commercial Program Development
Director of Utilities

ATTEST

By:

DONNA SCHWARTZ
Chief Deputy City Clerk

APPROVED AS TO FORM

Risk Manager

City Attorney

Atty. rev. 2025; Risk rev. 2025 Page 5 of 13

EXHIBIT “A”

SERVICES TO BE PROVIDED

PROJECT UNDERSTANDING
The Contractor shall provide all labor, equipment, and materials necessary to operate the City’s permanent household hazardous waste collection facility ( PHHWCF). This includes but is not limited to the collection, organization, segregation, handling, consolidation (bulking), and disposal of all household hazardous waste ( HHW) received. The Contractor shall ensure full compliance with all regulatory requirements related to HHW including inspections, reporting documentation, and best housekeeping practices at the PHHWCF site.

SCOPE OF WORK
The Contractor shall provide all labor, equipment, and materials necessary to operate a comprehensive Household Hazardous Waste (HHW) program for the City during operating hours, utilizing the existing Permanent Household Hazardous Waste Collection Facility (PHHWCF) and relate d equipment, as described in the City’s Request for Proposals (RFP) dated April 3, 2025, and generally consistent with the Contractor’s proposal dated May 8, 2025.

In the event of any conflict or inconsistency among the RFP, the Proposal, and this Exhibit “A”, the order of precedence shall be: (1) this Exhibit “A”, (2) the Contractor’s Proposal dated May 8, 2025, and (3) the City’s RFP dated April 3, 2025, all of which are incorporated herein by reference.

TASK 1: STAFF AND OPERATE ON-SITE FACILITY
The Contractor is responsible for providing appropriate staffing to operate the PHHWCF, which includes HHW collection, facility inspections, meeting regulatory requirements, and housekeeping.

1.1. Facility Operations and Compliance

1.1.1. The Contractor shall ensure all waste is appropriately packaged, labeled, loaded, and transported offsite, or stored in compliance with permits governing PHHWCF operations by the end of each operational day.

1.1.2. The Contractor shall provide all labor, materials, tools, supplies, testing kits, transportation documentation, instrumentation, equipment, vehicles, personnel protective equipment (PPE), and disposal services necessary to perform the Scope of Work.

1.1.3. The Contractor shall perform the PHHWCF services in accordance with the existing operational floor plan as shown in the schematic Site Map (Attachment “A”), unless otherwise approved by the City.

1.1.4. The Contractor shall comply will all federal, state, and local laws and regulations, including the HHW Permit -by-Rule (PBR) and Stormwater requirements, during the performance of the work.

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1.2. Personal Protective Equipment (PPE)

1.2.1. The Contractor shall supply and ensure proper use of PPE by its employees. The minimum PPE required includes Level C protection, with additional gear such as poly-coated Tyvek or similar chemical resistance coveralls, air -purifying respirators (full or half face), chemical -resistant steel toe shoes with metatarsal guards, chemica l-resistant boots or shoe covers, chemical -resistant gloves, safety glasses, face shield, and hard hats (if required).

1.3. Accepted Waste Types

1.3.1. The Contractor must accept all HHW, except for radioactive materials, halogenated solvents, reactive materials, controlled substances (waste medications), explosive devices and materials (including ammunition and fireworks), and medical or infectious waste (other than home -generated sharps as allowed per HSC Section 118286).

1.3.2. In the event that any restricted waste is brought to the site, the Contractor shall, if it is safe to do so, provide education to the individual delivering the waste and direct them to the appropriate disposal authorities.

1.3.3. If the restricted waste poses any hazards, the Contractor shall secure the area, notify the proper authorities immediately, and follow all applicable safety protocols and procedures.

1.4. Waste Management Method Specifications / Waste Screening and Packaging

1.4.1. The Contractor shall efficiently and effectively identify HHWs by reviewing container labels, information from participants, and general waste characteristics (e.g., container type, weight). Waste must be sorted and packaged according to the Department of Transportation (DOT) regulations using the most economical option for disposal.

1.4.2. For unknown HHWs, field -testing methods and other equipment based on best practices shall be used. The Contractor shall implement safety measures, including PPE, when identifying or confirming the contents of unknown or unmarked substances. The Contractor shall be responsible to c ategorize unknown materials using HAZCAT techniques and properly handle for final disposition.

1.5. PaintCare Collection Site

1.5.1. Under the PaintCare Product Stewardship Program, the Contractor will carry out the collection, packaging, transportation, and recycling/disposal services for architectural paints at the PHHWCF on behalf of the City.

TASK 2: DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE
The Contractor is responsible for identifying, segregating, cataloging, testing, consolidating/bulking, packaging (including PaintCare-provided materials), labeling, storing (as necessary), and recycling or disposing of all HHW received.

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2.1. Disposal Methods

2.1.1. The City’s policy is to prioritize recycling and reuse as disposal options when multiple disposal methods are authorized by regulation for a particular type of waste. The Contractor must adhere to this policy and prioritize disposal methods as follows:

2.1.1.1. Recycling/Reuse (treatment may be required to make waste recyclable)

2.1.1.2. Alternative Fuel

2.1.1.3. Treatment (includes treatment for acceptable sewer discharge)

2.1.1.4. Bioremediation

2.1.1.5. Destructive Incineration

2.1.1.6. Class I Landfill Disposal

2.1.2. The City must approve the disposal method for each waste type in advance. If any changes to the method are necessary, the contractor must request approval in writing at least thirty (30) business days prior to the change. The City will not be responsible for disposal costs incurred from unauthorized disposal methods, and the Contractor will be liable for any associated costs. If the City pays for unauthorized disposal costs, the contractor must promptly reimburse the City.

2.1.3. The City reserves the right to divert certain waste categories (e.g., used oil, oil filters, antifreeze, lead acid batteries, compressed gas cylinders) to alternate facilities as determined by the City or its designee and t he Contractor shall transport the waste to these alternate facilities if directed by the City.

2.1.3.1. Costs for transportation and disposal will be negotiated and agreed upon by all parties.

2.1.4. If bulk oil or antifreeze becomes contaminated due to the contractor’s activities, the contractor will be responsible for covering the cost difference between the disposal of the contaminated and uncontaminated materials.

2.2. Disposal Data and Shipping Manifests

2.2.1. The Contractor shall manifest all waste to be collected and transported, ensuring compliance with California EPA, U. S. Department of Transportation, U.S. EPA, and the permitted disposal facilities. The City will sign all manifests prior to shipment.

2.2.2. The Contractor shall provide the City with paper copies of all manifests, disposal data, and backup information monthly with the invoice for services. The data shall include the quantity of each waste type in pounds, and the corresponding disposal method.

2.2.3. The City maintains permits and is responsible for permit -required reporting, including but not limited to California Environmental Reporting System (CERS) and Form 303.

2.2.4. The City will utilize the Contractor’s invoice and disposal method information to complete the following required reports and documentation activities:

Atty. rev. 2025; Risk rev. 2025 Page 8 of 13

2.2.4.1. CalRecycle Form 303 Reports

2.2.4.2. DTSC Electronic Verification Questionnaire

2.2.4.3. Online Used Oil Payment Program Annual Report

2.2.4.4. Recordkeeping of waste disposal documentation

2.3. Shipping Schedule & Waste Transportation

2.3.1. The Contractor is to schedule shi pments to ensure the most cost -effective disposal while maintaining safety and compliance with shipping and storage requirements.

2.3.2. Any waste pickups, or activities requiring City staff facilitation, must be scheduled in advance and occur Monday – Friday between 7:00 a.m. and 4:00 p.m.

2.3.3. The Contractor is responsible for ensuring proper placarding and adhering to vehicle weight limits during transportation of all waste hauled on behalf of the City.

Atty. rev. 2025; Risk rev. 2025 Page 9 of 13
EXHIBIT “B”

PAYMENT
I. PROGRESS AUTHORIZATION
Written authorization to proceed from the City authorizes the Contractor to incur costs based on actual monthly labor rates and disposal rates (includes processing and disposal), based on the rate schedules shown in Section III.

Rate Adjustments
Beginning in Year 2 of the Agreement, the unit pricing for labor and disposal rates may be adjusted on an annual basis. Such adjustments shall be based on the U.S. Bureau of Labor Statistics (BLS) Producer Price Index (PPI) for Solid Waste Collection Services (Series ID: PCU5621115621112, not seasonally adjusted), or a comparable index as determined by mutual agreement of the par ties should the specified index become unavailable.

BLS Data Viewer: http://data.bls.gov/dataViewer/view/timeseries/PCU5621115621112 The annual adjustment to be in effect each July 1st shall be calculated using the lesser of the following two metrics:

1. The percentage change in the PPI from March of the previous year to March of the current year; or

2. The five-year average percentage change in the PPI over the five most recent fiscal years.

The City reserves the right to withhold any amount if unsatisfied with the service the Contractor provides.

II. INVOICE PROCEDURE
The Contractor's monthly bills shall be substantiated by appropriate documentation on a form as agreed to by the City that is consistent with the rate schedules in Section III.

The Contractor must also include an itemized listing of personnel, subcontractors, and other direct costs incurred.

Atty. rev. 2025; Risk rev. 2025 Page 10 of 13 III. RATE SCHEDULE: MONTHLY LABOR AND PROCESSING & DISPOSAL RATES

MONTHLY LABOR RATE
Monthly Hourly Subtotal Labor

0.00 58.00 58.00

0.00 101.72 101.72
159.72

PROCESSING AND DISPOSAL RATES BY ITEM
Description Process1 Unit of
Measure2
Monthly
Quantity Rate Subtotal
Item Cost
Poisons/toxic liquids 55DM 0.00 320.85 -
Poisons/toxic solids CY 0.00 925.35 -
Flammable liquids 55DM 0.00 164.65 -
Lighters LB 0.00 1.99 -
Aerosols CY 0.00 725.00 -
Paint related material (PRM) 4 CY 0.00 775.00 - Fire Extinguishers EA 0.00 22.25 -
1 lb. Propane Cylinder EA 0.00 8.46 -
Propane Cylinder, <5 gal.5 EA 0.00 8.46 -
Propane Cylinder, =5 gal.5 EA 0.00 19.00 -
Propane Cylinder, >5 gal.5 EA 0.00 19.00 -
Helium Tanks EA 0.00 34.94 -
Oxygen Tanks EA 0.00 35.00 -
lnorg acid/base 55DM 0.00 261.14 -
<10% inorg/base - Bulk 55DM 0.00 348.89 -
Oxidizers 55DM 0.00 1,250.00 -
Alkaline batteries LB 0.00 0.97 -
Lithium batteries LB 0.00 6.51 -
Lithium ion batteries LB 0.00 0.66 -
Ni-cad batteries LB 0.00 1.15 -
Fluorescent Tubes LF 0.00 0.21 -
Compact Fluor. Lamp (CFL) EA 0.00 3.34 -
Med Waste (sharps) BIN 0.00 160.20 -
Antifreeze5 GAL 0.00 2.98 -
Used Motor Oil5 GAL 0.00 2.98 -
Oil Filters - drained5 55DM 0.00 282.98 -
Lead Acid Batteries (vehicle)5 LB 0.00 - - -
Classification
Technician
Project Manager
Total Monthly Labor Amount:
4 PRM: Pricing is only for HHW Paints not accepted by the PaintCare Program. PaintCare HHW accepted paint is at no cost. 5 Pricing is only for recycling/disposal by Contractor. The City reserves the right to recycle or dispose of antifreeze, used motor oil/oil filters, vehicle batteries, and compressed gas cylinders. The Contractor is still responsible for the receipt handling of these wastes and should include in labor rates. 1 Process: RC=Recycle, FI=Fuel Incineration, DI=Destructive Incineration, S=Stabilization, NT=Neutralization/Treatment Total Monthly Processing and Disposal Amount:
2 Unit of Meas.: CYB=Cubic Yard Box, 55DM=55 gal. drum, LF=Liner foot, EA=Each, GAL - gallon, 5DM=5 gal. drum, BIN=~38-43 gal. bin 3 Reserved
Atty. rev. 2025; Risk rev. 2025 Page 11 of 13 EXHIBIT “C”

INSURANCE

Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, or employees. If Contractor maintains broader coverage and/or higher limits than the minimums shown below, City requires and shall be entitled to the broader coverage and/or higher limits maintained by Contractor.

1) Minimum Scope of Insurance
a) Coverage shall be at least as broad as:
i) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
ii) Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1); or if Contractor has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).
iii) Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
iv) Errors and Omissions liability insurance appropriate to the Contractor's profession.

Architects' and engineers' coverage is to be endorsed to include contractual liability. v) Contractor’s Pollution liability insurance applicable to the work being performed.

2) Minimum Limits of Insurance
a) Contractor shall maintain limits no less than:
i) General Liability: $2,000,000 per occurrence for 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/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
ii) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. iii) Workers’ Compensation: Statutory limits.
iv) Employer's Liability: $1,000,000 per accident for bodily injury or disease. v) Errors and Omissions Liability: $1,000,000 per occurrence or claim, $2,000,000 aggregate.
vi) Contractors Pollution Liability : $2,000,000 per occurrence or claim, $2,000,000 aggregate.

3) Self-insured Retentions
Self-insured retentions must be declared to and approved by City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.

4) Other Insurance Provisions
a) The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

Atty. rev. 2025; Risk rev. 2025 Page 12 of 13 i) The City of Santa Maria, its officers, officials, employees, and volunteers are to be covered as additional insureds on the policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used). ii) For any claims related to this project, Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects City, its officers, officials, employees, and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Contractor's insurance and shall not contribute with it. iii) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled or reduced, except with notice stating the title of this Agreement to the City . All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested. iv) Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer.
v) If any of the required policies provide claims-made coverage:
(1) The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
(2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. (3) If coverage is cancelled or non -renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the Agreement effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

5) Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

6) Verification of Coverage
a) Contractor shall furnish City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. b) All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications, at any time.

Atty. rev. 2025; Risk rev. 2025 Page 13 of 13 7) Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Alex Posada, Recreation and Parks Director

DATE: June 17, 2025

Subject: Introduction of an Ordinance Amending the Santa Maria Municipal Code Title 2 “Administration,” Chapter 2 -14 “Recreation and Parks Commission,” Section 2-14.06 “Recommendations to Council: Powers Generally” and Title 10 “Recreation and Parks,” Chapter 10-1 “

Description:

The City Council will consider approving an Ordinance amending Sections 2 -14.06 and Section 10-10-1.02 relating to the Recreation and Parks Commission and authorizing the Commission to approve fees for recreation programs as defined herein.

Environmental Notice: The activity is not a “Project” as de fined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

RECOMMENDATION:

1. Waive first reading and introduce an Ordinance amending the Santa Maria Municipal Code Title 2 “Administration,” Chapter 2 -14 “Recreation and Parks Commission,” Section 2-14.06 “Recommendations to Council: Powers Generally” and Title 10 “Recreation and Parks,” Chapter 10-1 “Administration,” Section 10 -

1.02 “Adoption of Regulations”; and

2. Set adoption of said ordinance at the next regular City Council meeting.

BACKGROUND:

Over the years, when the city adjusts the citywide schedule of fees, Recreation and Park Department fees have typically been removed from these general fee adjustments due to the fluid nature of the recreation programs offered. The number of special interest classes and programs that need to be considered by the City Council proved to be disruptive to the public hearing process. There were so many recreation fees, ranging from ballet classes to adult softball, it was decided to handle them separately, however , no formal process to establish these fees was ever set . Over the years, recreation program fees have fallen far behind ideal levels of cost recovery. Now that the City Council has adopted the Recreation and Parks Fee Study and given directions on fee priorities, this is an opportunity to make this recommendation. The purpose of this recommendation is to establish a process where the Recreation and Parks Commission assumes the role of approving recommended fees for recreation programs and services. Recreation program fees have b een found to be a sensitive issue to those residents who participate in 2 recreation programs, providing residents an opportunity to voice their concerns to the Recreation and Parks Commission is in keeping with the Commission’s authority to conduct public hearings and conduct surveys. SMMC Section 2-14.06 provides the City Council with the flexibility to assign the Recreation and Parks Commission with additional authority “as are granted by motion of the City Council”. To grant this authority, section 2-

14.06 of the SMMC would need to be revised as shown in Attachment A. Providing the additional authority to consider and adopt new fees, would allow for a more flexible and responsive process to setting fees for programs and services.

Also proposed are revisions to SMMC Section 10-1.02 Adoption of regulations, shown in Attachment A, provide that new fees are subject to review by the City Council . Any Commission actions on fees would come to the City Council via the consent calendar for review. This change would allow the department to be more responsive to special interest programs that present themselves between the City Council’s citywide fee updates.

DISCUSSION:

As mentioned above, the lack of a formal process to set fees requires the department to go through the City Council agenda process for fees as minor as the addition of a new yoga or karate class. The recommendation could follow a process similar to the following:

 Recreation and Parks Department staff would develop new programs and services offered to city residents and calculate the fee recovery level appropriate to the new approved fee structure.
 The next step would be to bring the new program and the associated fee to a meeting of the Recreation and Parks Commission for consideration.  Set the date for a public hearing to consider the fee(s).  Following the public hearing, the Commission may approve, change or deny the fee, program, or service.
 If approved, the program or service would be offered by the department and the approved fee would be set and sent to the City Council for review.

Alternative(s)

 The City Council can choose not to approve this recommendation and keep the duty to set fees for all recreation programs and services.  Direct the Recreation and Park Commission and department to return with other recommendations to address the recreation fee issue.

3 Fiscal Considerations
The recommendation would authorize a more efficient and effective way to keep recreation fees up to date and responsive to the program needs of our residents. Using the new fee schedule as a guide, recreation program fee s will gradually increase the amount of revenue raised to offset General Fund impacts.

Impact to the Community
Allow the department to be more responsive to changes in our community’s recreational interests, provide the agility needed to meet customer nee ds, and reduce the City Council’s investment of time to consider minor fee adjustments.

ATTACHMENT(S)

A. Ordinance

Attachment A

Page 1 of 3 ends
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