Agenda — Santa Maria City Council, September 16, 2025 (part 2 of 4)

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

APPROVING AN AGREEMENT WITH THE CITY OF GUADALUPE

FOR THE PROVISION OF EMERGENCY DISPATCH, RADIO,

AND IT SERVICES

WHEREAS, since 2018, the City of Guadalupe has contracted with the City of Santa Maria for the performance of law enforcement radio dispatch, 9-1-1 answering, and radio and IT services (“Dispatch, Radio and IT Services”) through the City’s Police Department’s Dispatch Center 24x7, with support from the City of Santa Maria radio and IT staff; and

WHEREAS, the City of Santa Maria is able to provide such services through the Police Department’s Dispatch Center and with radio and IT support staff under the terms and conditions specified within this Agreement; and

WHEREAS, provision of services to the City of Guadalupe is in the public interest because it will not adversely impact delivery of these services in Santa Maria, because coordination of services improves their overall delivery, and because t he City of Santa Maria will be compensated for providing these services in the amount needed to deliver them; and

WHEREAS, the amount to be paid to the City of Santa Maria covers the cost to provide the services described in this agreement.

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

SECTION 1. Approve an agreement with the City of Guadalupe incorporated herein by reference, and authorize the City Manager, or designee, to execute the agreement; and

SECTION 2. Authorize the 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 3. The Chief Deputy City Clerk is hereby authorized to make m inor 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.

Attachment A

Page 2 of 2 ends

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 16th day of September 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

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

Attachment B
Agreement between
the City of Santa Maria and the City of Guadalupe for
the provision of emergency dispatch, radio, and IT
services

THIS AGREEMENT is made and entered into this 31st day of August 2025, by and between the City of Santa Maria Police Department, hereinafter "City of Santa Maria," and the City of Guadalupe, hereinafter "City of Guadalupe", both of which entities may be collectively referred to hereinafter as "Partners."

WHEREAS, the City of Guadalupe desires to contract with the City of Santa Maria for the performance of law enforcement radio dispatch, 9-1-1 answering, and radio and IT services (“Dispatch, Radio and IT Services”) through the City’s Police Department’s Dispatch Center 24x7, with support from the City of Santa Maria radio and IT staff; and

WHEREAS, provision of services to the City of Guadalupe is in the public interest because it will not adversely impact delivery of these services in Santa Maria, because coordination of services improves their overall delivery, and because the City of Santa Maria will be compensated for providing these services in the amount needed to deliver them; and

WHEREAS, the amount to be paid to the City of Santa Maria covers the cost to provide the services described in this agreement.

NOW, THEREFORE, it is agreed:

1. Recitals

The above recitals are true.

2. General

2.1. Prior Agreements
The August 8, 2018 Dispatch Service Agreement between the City of Santa Maria and the City of Guadalupe is hereby terminated as of the effective date of this Agreement.

2.2. Term

The term of this agreement is for three (3) years beginning on September 1, Attachment B
2025. This agreement shall be extended automatically for one-year periods thereafter and shall continue until terminated as provided in this agreement.

2.2 Termination
This agreement may be terminated for breach of its terms or 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.

This agreement may also be terminated for convenience by the City of Guadalupe or the City of Santa Maria by providing at least ninety (90) days' notice in the manner specified for notices in this agreement.

If this agreement is terminated for convenience within the initial term of this agreement, the City of Guadalupe must be prepared to assume responsibility for providing its own dispatch and technical support services and return to the City of Santa Maria all loaned radio equipment listed in Appendix A within fourteen (14) days of service termination. All equipment must be in good working order and the City of Guadalupe will be responsible for all expenses associated with the repair of any returned radio equipment that may be damaged beyond normal wear and tear and the replacement of any lost radio equipment. The City of Santa Maria will provide copies of all expenses / invoices associated with the repair of returned equipment or replacement of lost radio(s) with its final invoice to the City of Guadalupe. The City of Guadalupe shall also pay any and all fees or costs for all services provided by the City of Santa Maria under this agreement on a prorated basis until service termination.

If the City of Guadalupe decides to purchase their own subscriber radios, they will only be charged a monthly core usage fee and not the monthly subscriber fee. The City of Guadalupe must purchase City of Santa Maria radio shop approved radios, as this will ensure compatibility with our radio system. City of Santa Maria radio staff will program these radios for free.

If the City of Guadalupe terminates this agreement after the initial term and after it has purchased new subscriber radios, the City of Guadalupe must permit the City of Santa Maria to reprogram the replacement radios so there is no ability to access the City of Santa Maria's Dispatch Services or participate in the Talk Groups (described in Exhibit "A").

3. Services to be Performed

The City of Santa Maria shall determine the method, details and means of providing dispatch services to the City of Guadalupe's Public Safety Attachment B
Department. More specifically, the City of Santa Maria agrees to perform the specific services listed in Exhibit "A."

3.1. City of Guadalupe's Duties

The City of Guadalupe's duties under this Agreement are to cooperate with the City of Santa Maria in the performance of the agreement and timely pay invoices, as detailed in Exhibits "A" and "B."

3.2. Payment

Payment terms under this Agreement are listed in Exhibit "B."

3.3. Insurance.

Both parties hereto acknowledge that they are self-insured and have excess coverage(s) in acceptable amounts for the purposes of this agreement.

3.4. Exhibits.

Exhibits "A," and "B," are attached and incorporated.

4. Indemnification

To the fullest extent permitted by law, the City of Santa Maria shall indemnify, defend (with independent counsel approved by the City of Guadalupe) and hold harmless the City of Guadalupe, and its agents, 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 City of Santa Maria or the acts or omissions of an employee, agent or subcontractor of the City of Santa Maria. The provisions of this paragraph survive the completion of the services or the termination of this agreement. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

To the fullest extent permitted by law, the City of Guadalupe shall indemnify, defend (with independent counsel approved by the City of Santa Maria) and hold harmless the City of Santa Maria, and its agents, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and Attachment B
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 City of Guadalupe or the acts or omissions of an employee, agent or subcontractor of the City of Guadalupe. The provisions of this paragraph survive the completion of the services or the termination of this agreement. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

5. Miscellaneous

5.1. Notices

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

To City of Guadalupe: Attn:

Guadalupe Public Safety Department 4490 10th Street
Guadalupe, CA 93434

To City of Santa Maria: Attn. Michael Haberkern
Santa Maria Police Department 1111 West Betteravia
Santa Maria, CA 93454

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.

5.2. Compliance With Laws, etc.

The parties shall comply with all laws, including but not limited to City rules and policies, in performing this agreement.

5.3. 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 wilting and signed by the approved representatives of the parties.

Attachment B

5.4. Interpretation

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

5.5. Jurisdiction

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

5.6. Warranty of authority

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

5.7. No Waiver

Failure to enforce with respect to a default shall not be construed as a waiver.

5.8. 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.

5.9. No Agency.

Except as otherwise specified herein, the City of Santa Maria shall not be deemed to be the City of Guadalupe's agent, and the City of Guadalupe shall not be deemed to be the City of Santa Maria's agent.

5.10. Notification

Each party shall give the other prompt notification when it first learns of an incident or occurrence covered, or likely to be covered, under the terms of 'this indemnify provision', as well as prompt notification if a claim is made or suit is brought against a party based on an incident or occurrence covered, or likely to be covered, by the terms hereof.

IN WITNESS WHEREOF, the Parties hereto have executed this Dispatch Service Agreement as of the day of the year written above.

Attachment B

City of Santa Maria:

City of Santa Maria, a California Municipal Corporation

By: ____________________

Name: David W. Rowlands
Title: City Manager

City of Guadalupe:

City of Guadalupe, a California Municipal Corporation

By: ____________________
Name: Todd Bodem
Title: City Administrator

Santa Maria Police Department

By: _____________________
Name: Christopher Williams
Title: Chief of Police

Guadalupe Police Department:

By: _____________________
Name: Michael Cash
Title: Chief of Police

Attachment B

EXHIBIT A

Dispatch, Radio, and IT Services

The City of Santa Maria agrees to provide dispatch services to the City of Guadalupe, subject to the terms and conditions set out below.

1. The City of Guadalupe's Public Safety Department acknowledges that the Santa Maria Police Department ("SMPD") operates on a 700 MHz Digital Trunked Simulcast Radio System and Computer Aided Dispatch ("CAD") and Records Management System ("RMS") system. In addition, the SMPD retained its capability to communicate on conventional UHF Digital/Analog, and the SMFD retained its capability to communicate on conventional Analog VHF to achieve mutual aid interoperability with other regional public safety agencies that have yet to transition to 700MHz.

2. The City of Guadalupe's Public Safety Department agrees to continue to operate on the 700MHz Shared Radio System to conduct all internal radio communications on assigned Talk Groups and to communicate with dispatch on a specifically assigned Talk Group. Talk Group's assignments will be determined once the Dispatch Service Agreement is in effect, and prior to starting dispatching services.

3. For purposes of this agreement and assignment of Talk Groups, the Guadalupe Public Safety Department will be internally divided into a Police Division (hereinafter "GPD") and a Fire Division (hereinafter "GFD") and occasionally referred to as such in this agreement when appropriate. The radios assigned to the Guadalupe Public Safety Department will be programmed with additional Citywide Interoperability Talk Groups; GPD radios will be programmed with Citywide 1-4 Talk Groups, which are designed for Law Enforcement communications and both GPD and GFD radios will be programmed with Citywide Interoperability Talk Groups 5-8, which are assigned for non-LE communications and are primarily used for participation in planned events and direct communications with non-public safety radio users. As required, dispatchers may direct GPD/GFD personnel to switch to other available SMPD/SMFD Talk Groups for a specified period-of-time to facilitate radio communications with each other.

Attachment B
Dispatch Services:

As part of the dispatching services offered to GPD, the City of Santa Maria's Dispatchers will:

a. Provide radio dispatching services for GPD officers on specified 700MHz Talk Groups and conventional UHFNHF Mutual Aid channels. b. Answer calls; create records; and dispatch both 911 and non- emergency calls for service generated from the GPD’s jurisdiction area. c. Contact California Law Enforcement Telecommunications System (CLETS) inquiries by authorized personnel.
d. As requested by the GPD, provide available analytical data, such as call volume, historical data and CAD entry information (if used by the GPD in the future).

Radio and Technical Support Services:

As part of this Service Agreement, the City of Santa Maria's Radio System Administrators and Information Technology staff will provide the following technical support services to the GPD personnel:

a. Provide on-going scheduled and emergency technical support services to reprogram, troubleshoot, and perform level one repair on all City of Santa Maria provided subscriber radio equipment for the duration of this Dispatch Service· Agreement.
b. Should the need for level two repairs be required, the Radio System Administrators will open a trouble ticket with Motorola's support services and ship the equipment for repair. The City of Guadalupe's Public Safety Department agrees to pay for all repair services and shipping costs, and for the replacement of all non-repairable radio subscriber equipment. The City of Santa Maria will include all out-of-service agreement fees in the monthly payment invoice to the City of Guadalupe with a detailed description of services and associated costs. c. Coordinates with the City of Guadalupe to develop a project implementation plan that takes into account available resources and current projects and operational priorities of both parties d. Obtain all necessary licensing on the City of Guadalupe's behalf to implement and support the computer aided dispatch (CAD) system. e. Implement the City of Santa Maria's CAD system on the City of Guadalupe's six (6) mobile data computer (MDCs).
f. Configure the City of Guadalupe's 6 MDCs in the same manner as the City of Santa Maria's MDCs are configured to ensure compatibility, supportability and security.

Attachment B
g. Configure and provision the City of Santa Maria's CAD system to accommodate the City of Guadalupe's needs.
h. Be the sole maintenance provider for the City of Guadalupe's MDCs.

This is necessary to maintain strict security of the devices and stay compliant with CJIS and CLETS requirements.
i. Perform system updates and patches on the City of Guadalupe's MDCs on the same schedule as those performed on the City of Santa Maria's MDCs.
j. Provide ongoing configuration and support, as required, for the City of Guadalupe's MDCs and CAD system configuration.
k. Provide hardware installation and maintenance at the City of Santa Maria's Police Department.
l. 10) Modify and update the City of Santa Maria's CLETS system diagram to include the appropriate provisions for the City of Guadalupe. m. The agreed upon fixed rate in Exhibit B represents support for six MDC’s listed above (section e) and the 36 subscriber radios listed in Appendix A. Any additional MDC’s or subscriber radios requested by the City of Guadalupe will require an amendment, where a new rate for those devices will be negotiated and documented.

Special Conditions:

a. The City of Guadalupe's Public Safety Department assumes full responsibility for the cost of any repairs and for the repair or full replacement of any damaged subscriber radio that cannot be repaired by the manufacturer, and to immediately replace at its own cost any lost subscriber equipment that belongs to the City of Santa Maria. b. If the City of Guadalupe wishes to use radios owned by the City of Santa Maria, the City of Santa Maria's Radio System Administrator's will assist the GPD in their recovery efforts of a lost or stolen radio shall be limited to the inherent capabilities of the 700 MHz radio system to detect the unauthorized use and possible location of the lost radio; to remotely disable the radio over-the-air to prevent unauthorized users from monitoring radio traffic; and to reactivate the radio once successfully recovered. Under no circumstances will the City of Santa Maria's personnel take any responsibility for the physical search for the lost radio equipment nor make any guarantees that they could successfully identify the location of the lost radio with the management tools provided by the 700 MHz radio system.
c. The City of Guadalupe's Public Safety Department agrees to operate on the City of Santa Maria's Regional Radio System in accordance with standard law enforcement and fire radio communications procedures and to adhere to the Central Regional Interoperable Communications System (CRICS) Governance Charter.

Attachment B

EXHIBIT B

Determination of Costs

See the below cost breakdown:

Payment

In consideration of the dispatch services the City of Santa Maria provides to the City of Guadalupe, the City of Guadalupe shall pay the City of Santa Maria as follows:

1. For the first year of this agreement (FY 2025-26), the City of Guadalupe will pay monthly installments totaling $200,000.00.

2. In Fiscal year 2026-27 (year two of the agreement), the City of Guadalupe will pay monthly installments totaling $279,826.00.

3. In Fiscal year 2027-28 (year three of the agreement), the City of Guadalupe will pay monthly installments totaling $363,642.00.

Dispatch Center Outside Billing Rates Guad PD Guad FD Total Guad Staff Budgeted Qty OBR Annual 3.622% 0.539% Fire Adj. 4.161% Adj. Cost Dispatcher I/II 16.00 142.06$ 4,727,757$ 171,260$ 25,483$ 12,741$ 196,722$ 184,001$ Police Sergeant 1.00 273.98$ 569,878$ 20,643$ 3,072$ 1,536$ 23,713$ 22,179$ Senior Dispatcher 4.00 166.02$ 1,381,286$ 50,036$ 7,445$ 3,723$ 57,475$ 53,759$ Certified Dispatch Aide (LS) * 1.00 ? 35,677$ 1,292$ 192$ 96$ 1,485$ 1,389$ (1035) 6,714,599$ 243,232$ 36,192$ 18,096$ 279,394$ 261,328$ Provisioning CAD/RMS Hours
Senior Dispatcher 15 166.02$ 2,490$ 2,490$ *Annual cost from Finance Personnel Costing Estimates 2024-25 as no OBR is available for this position PD Dispatching Services 261,327.73$
PD Provisioning CAD/RMS 2,490.30$
IT Services/Hardware 72,504
336,322.03$
Less: (200,000)
Remaining to be spread across
contract 136,322.03$
3 year contract Escalator City Subsidy
1st Contract Year (25-26) 200,000 5% 136,322$
2026-27 (Yr 2) 268,161 281,569 54,753$
2027-28 (Yr 3) 349,730 367,217 (30,895)$
Total Cost of Contract 848,786 160,180$
Average Annual Cost 282,929$
FY 24-25
Attachment B

PAYMENT CONDITIONS AND PROCESS

Payment Conditions:

1. The first year of this agreement, the first monthly payment of $16,666.66 for Dispatching Services is due to the City of Santa Maria's Finance Department on the 1st day of the month following the Effective Date of services rendered per this Dispatch Services Agreement. Subsequent monthly payments are due on the 1st day of each month.

2. Year two of this agreement (FY 26-27), the first monthly payment of $23,318.83 is due to the City of Santa Maria’s Finance Department by September 1, 2026. Subsequent monthly payments are due on the 1st day of each month.

3. Year three of this agreement (FY 27-28), the first monthly payment of $30,303.50 is due to the City of Santa Maria’s Finance Department by September 1, 2027. Subsequent monthly payments are due on the 1st day of each month.

Payment Process:

The City of Santa Maria's Finance Department will issue a monthly invoice for the herein-inclusive services to the City of Guadalupe. The monthly invoices will also include any additional authorized expenses incurred by the City of Santa Maria on behalf of the City of Guadalupe's Police or Fire Departments that are outside the scope of the herein agreed services.

Payment is due on or before the 1st of each month. Payment shall be payable to "City of Santa Maria" and include a reference to the invoice number and customer account number, which will be included in the invoice document.

Interest will be charged on any account balance over 30 days at a rate of 10% per annum. Questions regarding the account should be directed to Accounts Receivable at: (805) 925-0951 extension 2448.

Payment shall be mailed to:

City of Santa Maria
110 East Cook Street, Room 6 Santa Maria, CA 93454

Invoices will be mailed to the Guadalupe Police Department at the following address:

Attachment B
City of Guadalupe Police Department
Attention: Michael Cash, Director of Public Safety 4490 10th Street Guadalupe, CA 93434

The City of Guadalupe's contact information regarding payment of invoices is:

The City of Guadalupe is responsible for notifying the City of Santa Maria's Finance Department, in writing, of any changes to the above address and contact information noted above prior to the following invoice date.

When purchasing new subscriber radio equipment, the City of Guadalupe's Public Safety Department agrees to work with the City of Santa Maria's Information Technology Department and Radio System Administrators to ensure that newly acquired equipment is 100% compatible with the City's 700 MHz Radio System's capabilities and features, and to receive the City of Santa Maria's negotiated pricing from the radio system manufacturer.

Attachment B

APPENDIX A

Loaned Subscriber Radios/Equipment List

LOANED SUBSCRIBER RADIOS EQUIPMENT LIST
Asset #
Serial
Number Model Trunkin
g ID Radio Alias Status Owning
Department Location Comments
C000336 655CQM2121 APX 7000 2801 GUA Cash M Deployed Police-Admin Guadalupe Police
C000365 655CQM2150 APX 7000 2802 GUA Alvara R Deployed Police-Admin Guadalupe Police
C000376 655CQP4144 APX 7000 2803 GUA Medina F Deployed Police-Admin Guadalupe Police
C000379 655CQP4147 APX 7000 2804 GUA Curiel S Deployed Police-Admin Guadalupe Police
C000380 655CQP4148 APX 7000 2805 GUA Ruiz E Deployed Police-Admin Guadalupe Police
C000389 655CQP4157 APX 7000 2806 GUA
Kuhbander Deployed Police-Admin Guadalupe
Police
C000390 655CQP4158 APX 7000 2807 GUA Ruiz Deployed Police-Admin Guadalupe Police
C000394 655CQP4162 APX 7000 2808 GUA Ba Deployed Police-Admin Guadalupe Police
C000401 655CQP4169 APX 7000 2809 GUA Negranti
M Deployed Police-Admin Guadalupe
Police
C000405 655CQP4173 APX 7000 2810 GUA Miller H Deployed Police-Admin Guadalupe Police
C000409 655CQP4177 APX 7000 2811 GUA Luis Cast Deployed Police-Admin Guadalupe Police
C000410 655CQP4178 APX 7000 2812 GUA Meraz J Deployed Police-Admin Guadalupe Police
C000414 655CQP4182 APX 7000 2813 GUA Orozco Deployed Police-Admin Guadalupe Police
C000166 656CQM1913 APX 7500 1348 GU-22-01 Deployed Police-Admin Guadalupe Police
Issued to
Guadalupe PD
C000173 656CQM1920 APX 7500 1349 SM GU Chief Deployed Police-Admin Guadalupe Police
Issued to
Guadalupe PD
C000744 656CQD1895 APX 7500 2821 GU 15-03 Deployed Police-Admin Guadalupe Police
C000745 656CQD1896 APX 7500 2822 GU 10-01 Deployed Police-Admin Guadalupe Police
C000746 656CQD1897 APX 7500 2823 GU 19-01 Deployed Police-Admin Guadalupe Police
C000747 656CQD1898 APX 7500 2824 GU 17-01 Deployed Police-Admin Guadalupe Police
Attachment B
C000748 656CQD1899 APX 7500 2825 GU 16-01 Deployed Police-Admin Guadalupe Police
C000181 656CQM1819 APX 7500 2826 GU 15-02 Deployed Police-Admin Guadalupe Police
C000182 656CQM1820 APX 7500 2827 GU 18-01 Deployed Police-Admin Guadalupe Police
C000123
656CQM1864 APX 7500 2828 GU 20-01 Deployed Police-Admin Guadalupe Police
Issued
Guadalupe PD
Replacing
repair radio
C000129 656CQM1870 APX 7500 2829 GU 15-01 Deployed Police-Admin Guadalupe Police
C000183 656CQM1821 APX 7500 2830 GU Spare Inventory Police-Admin PD- Comm Room
SMA.. 681CUD1818 APX 8500 2841 GU 17-02 Deployed Police-Admin Guadalupe Police
No Asset -
SMA Owned
SMA. 579CUD0726 APX 8000 2819 GUA Vacant Deployed Police-Admin Guadalupe Police
No Asset -
SMA Owned
SMA 579CUD0727 APX 8000 2820 GUA Limon C Deployed Police-Admin Guadalupe Police
No Asset -
SMA Owned
C000202 562CQM1382 APX7000XE ID-1501 GUA 1-1 Deployed
SM Fire-Admin
& Operations
Guadalupe
Fire Dept. Console Page list
C000203 562CQM1383 APX7000XE ID-1502 GUA 1-2 Deployed
SM Fire-Admin
& Operations
Guadalupe
Fire Dept. Console Page list
C000204 562CQM1384 APX7000XE ID-1503 GUA 1-3 Deployed
SM Fire-Admin
& Operations
Guadalupe
Fire Dept. Console Page list
C000205 562CQM1385 APX7000XE ID-1504 GUA 1-4 Deployed
SM Fire-Admin
& Operations
Guadalupe
Fire Dept.

Console Page
List
C000143 656CQM1806 APX7500 ID-1544 GUA E81 Deployed
SM Fire-Admin
& Operations
Guadalupe
Fire Dept.

C000144 656CQM1807 APX7500 ID-1545 GUA R81 Deployed
SM Fire-Admin
& Operations
Guadalupe
Fire Dept. Console Page list
C000154 656CQM1817 APX7500 ID-1554 GUA U1/P1 Deployed
SM Fire-Admin
& Operations
Guadalupe
Fire Dept.

C000162 656CQM1930 APX7500 ID-1560 GUA E181 Deployed
SM Fire-Admin
& Operations
Guadalupe
Fire Dept.

C000155 656CQM1937 APX7500 ID-1584 GUA BASE Deployed
SM Fire-Admin
& Operations
Guadalupe
Fire Dept. Console Page list

COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Brett Fulgoni, Director of Public Works

DATE: September 16, 2025

SUBJECT: Adoption of a Resolution Establishing a Proposed No Stopping Zone on Main Street (State Route 166) at the intersection of Depot Street

Description:

The City Council will consider adopting a Resolution approving the establishment of a No Stopping Zone on Main Street (State Route 166) at the intersection with Depot Street to accommodate new bus stops as part of the updated City of Santa Maria Transit service.

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 No Stopping Zone on Main Street (State Route 166) at the intersection of Depot Street.

BACKGROUND:

The Public Works Transit Division is requesting the establishment of new bus stops with corresponding No Stopping Zones on the northwest and southeast corners of Main Street (State Route 166) and Depot Street intersection.

The proposed No Stopping Zones have been designed to provide adequate space for City buses to safely accelerate and merge back into traffic on Main Street (State Route 166).

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 no stopping zones and recommends their establishment. The City Council has the authority to locate, establish, or eliminate no stopping zones within the City.

2 The No Stopping Zone recommended to be established is described as follows:

 North side of Main Street, west of Depot Street, beginning at the eastern curb return of the western driveway on the north side of Main Street, just west of Depot Street, continuing east for a length of 80 linear feet.  South side of Main Street, east of Depot Street, beginning at the eastern curb return of the southeast corner of the intersection of Main Street and Depot Street, continuing east for a length of 80 linear feet.

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 needed as the paint fades over time. Staff estimates the initial installation cost to be approximately $300.

Impact on the Community
Approximately four parking spaces on the north side and four spaces on the south side of Main Street will be removed to accommodate the new bus stops and No Stopping Zone. The change is expected to improve visibility, pedestrian safety, and transit operations at the intersection.

ATTACHMENT(S)

A. Resolution
B. Proposed No Stopping Zone Main Street (SR-166) and Depot Street

Attachment A

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

ESTABLISHING A NO STOPPING ZONE ON MAIN STREET
(STATE ROUTE 166) AT THE INTERSECTION OF DEPOT STREET

WHEREAS, it is in the best interest of the City of Santa Maria to establish a No Stopping Zones at certain locations within the City; and

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

NOW, THEREFORE, IT IS HEREBY RESOLVED that pursuant to Section 7-5.16 of the Santa Maria Municipal Code, No Stopping Zones shall be established on the following street segments, incorporated herein by reference, at the following locations by the City Council of the City of Santa Maria, California, as follows:

 North side of Main Street, west of Depot Street, b eginning at the eastern curb return of the western driveway on the north side of Main Street, just west of Depot Street, continuing east for a length of 80 linear feet.
 South side of Main Street, east of Depot Street, b eginning at the eastern curb return of the southeast corner of the intersection of Main Street and Depot Street, continuing east for a length of 80 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.

SECTION 2. All work is to be accomplished using the standards and methods approved by the Director of Public Works/City Engineer. 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.

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 16th day of September 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

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

COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Brett Fulgoni, Director of Public Works

DATE: September 16, 2025

SUBJECT: Adoption of a Resolution Establishing a Proposed No Stopping Zone on Main Street (State Route 166) at the intersection of Pine Street

Description:

The City Council will consider adopting a Resolution approving the establishment of a No Stopping Zone on Main Street (State Route 166) at the intersection with Pine Street to accommodate new bus stops as part of the updated City of Santa Maria Transit service.

RECOMMENDATION:

Adopt a Resolution establishing a No Stopping Zone on Main Street (State Route 166) at the intersection of Pine Street.

BACKGROUND:

The Public Works Transit Division is requesting the removal of existing midblock bus stops and their associated No Stopping Zones along Main Street (State Route 166) between Curryer Street and Thornburg Street. In their place, new bus stops with the corresponding No Stopping Zones proposed on the northwest and southeast corners of Main Street (State Route 166) and Pine Street intersection.

The relocation of the bus stops to the intersection corners is intended to encourage pedestrians to cross at signalized intersections rather than mid -block, and to provide a more suitable location for buses to accelerate from a complete stop, improving operations and safety compared to midblock stops.

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 No Stopping Zones and recommends their establishment. The City Council has the authority to locate, establish, or eliminate No Stopping Zones within the City. 2 The No Stopping Zone recommended for established is described as follows:

 North side of Main Street, west of Pine Street, beginning at the western curb return of the northwest corner of the intersection of Main Street and Pine Street, continuing west for a length of 80 linear feet.
 South side of Main Street, east of Pine Street, beginning at the eastern curb return of the southeast corner of the intersection of Main Street and Pine Street, continuing east for a length of 80 linear feet.

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 curbs red.

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

Impact on the Community
Approximately four parking spaces on the north side and four spaces on the south side of Main Street will be removed to accommodate the new bus stops and No Stopping Zone. The change is expecte d to improve visibility, pedestrian safety, and transit operations at the intersection.

ATTACHMENT(S)

A. Resolution
B. Proposed No Stopping Zones Main Street (SR-166) and Pine Street

Attachment A

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

ESTABLISHING A NO STOPPING ZONE ON
MAIN STREET (STATE ROUTE 166) AT THE INTERSECTION OF PINE STREET

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 is recommending the establishment of a No Stopping Zone at the locations described below;

 South side of Main Street, east of Pine Street, beginning at the eastern curb return of the southeast corner of the intersection of Main Street and Pine Street, continuing east for a length of 80 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.

SECTION 3. The Chief Deputy Ci ty 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 16th day of September 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

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

COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Brett Fulgoni, Director of Public Works

DATE: September 16, 2025

SUBJECT: Adoption of a Resolution Establishing a Proposed No Stopping Zone on Main Street (State Route 166) at the intersection of Russell Avenue

Description:

The City Council will consider adopting a Resolution approving the establishment of a No Stopping Zone on Main Street (State Route 166) at the intersection with Russell Avenue to accommodate new bus stops as part of the updated City of Santa Maria Transit service.

RECOMMENDATION:

Adopt a Resolution establishing a No Stopping Zone on Main Street (State Route 166) at the intersection of Russell Avenue.

BACKGROUND:

The Public Works Transit Division is requesting the removal of the existing midblock bus stops and their associated “No Stopping Zones” along Main Street (State Route 166) between Blosser Road and Russel Avenue. In their place, new bus stops with corresponding "No Stopping Zones” are proposed on the northwest and southeast corners of the Main Street (State Route 166) and Russel Avenue intersection.

The relocation of the bus stops to the intersection corners is intended to encourage pedestrians to cross safely at intersections rather than midb lock, and to provide a more suitable location for buses to accelerate from a complete stop, improving operations compared to midblock stops.

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 No Stopping Zones and recommends their establishment. The City Council has the authority to locate, establish, or eliminate No Stopping Zones within the City.

2 The No Stopping Zone recommended for establishment is described as follows:
 North side of Main Street, west of Russell Ave nue, beginning at the eastern curb return of the western driveway on the north side of Main Street, continuing east for a length of 115 linear feet.
 South side of Main Street, east of Russell Avenue, beginning at the southern curb return of the southeast c orner of the intersection of Main Street and Russell Avenue, continuing east for a length of 80 linear feet.

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 needed as the paint fades over time. Staff estimates the initial installation cost to be approximately $300.

Impact on the Community
Approximately six parking spaces on the north side and four spaces on the south side of Main Street will be removed to accommodate the new bus stops and No Stopping Zone.

The change is expected to improve visibility, pedestrian safety, and transit operati ons at the intersection.

ATTACHMENT(S)

A. Resolution
B. Proposed No Stopping Zones Main Street (SR-166) and Russell Avenue

Attachment A

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

ESTABLISHING A NO STOPPING ZONE ON
MAIN STREET (STATE ROUTE 166) AT THE INTERSECTION OF

RUSSELL AVENUE

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 is recommending the establishment of No Stopping Zones at the location described below;

 North side of Main Street, west of Russell Avenue , beginning at the eastern curb return of the western driveway on the north side of Main Street, continuing east for a length of 115 linear feet.  South side of Main Street, east of Russell Avenue , beginning at the southern curb return of the southeast corner of the intersection of Main Street and Russell Avenue, continuing east for a length of 80 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.

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 16th day of September 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

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

COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Brett Fulgoni, Director of Public Works

DATE: September 16, 2025

SUBJECT: Adoption of Resolutions to Award Two Professional Services Agreement For On-Call Construction Stormwater Inspection Services

Description:

The City Council will c onsider approving the award of On -Call Construction Stormwater Inspection Services Agreements to Tetra Tech, Inc. and Trihydro.

RECOMMENDATIONS:

1. Adopt a Resolution awarding a Professional Services Agreement to Tetra Tech, Inc. for On-Call Construction Stormwater Inspection Services in the amount of $500,000; and

2. Adopt a Resolution awarding a Professional Services Agreement to Trihydro for On-Call Construction Stormwater Inspection Services in the amount of $500,000; and

3. Authorize City Manager, or designee, to execute agreements.

BACKGROUND:

Stormwater is precipitation that does not absorb into the ground and instead becomes runoff, which flows into waterways or storm drains. When this runoff picks up pollutants, such as automotive fluids, sediment, pesticides, and other contaminants, it can harm local water bodies like the Santa Maria River and the Pacific Ocean.

The City of Santa Maria actively manages stormwater within its limits. While early efforts focused on flood control, more recent State regulations now emphasize the quality of stormwater discharged from the City’s conveyance system.

The Public Works Department enforces State and Federal pollution prevention policies by ensuring required permits and plans are in place before construction begins. Staff assist applicants in identifying requirements and oversee the implementation of pollution controls.

2 Construction projects disturbing over one acre must comply with the California Construction General Permit. Smaller projects may also require coverage if part of a larger development. Projects under one acre that are not part of a common pl an must submit an erosion and sediment control plan.

Applicants must implement stormwater Best Management Practices (BMPs) throughout construction, year -round. Non -compliance may lead to correction notices, permit suspension, use of developer deposits for remediation, or stop work orders.

DISCUSSION:

On March 26, 2025, a Request for Proposal (RFP) was issued and advertised through the City’s e-Procurement Portal, PlanetBids. A total of four proposals were received on April 23, 2025.

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

Firm and Location

1. Tetra Tech, Inc., Santa Maria, CA

2. Trihydro, San Luis Obispo, CA

The proposed Professional Services Agreements will be managed by the Engineering Division. On-Call Construction Stormwater Inspection Services may also be used by other Departments for applicable funded projects.

Alternative(s)
City Council may choose not to award the Professional Services Agreements and instead direct staff to issue Requests for Proposals on a project-by-project basis.

Fiscal Considerations
There are no significant additional financial impacts anticipated from this action. Most stormwater inspection services are driven by land development. Costs incurred for inspections and reporting on each site’s Stormwater Pollution Prevention Plan (SWPPP) or Erosion and Sediment Control Plan (ESCP) are recovered at the time of grading permit issuance.

Capital Improvement Projects may also require services under this agreement. If needed, project budgets will identify funding at the time of award. As this is an “on-call” agreement, there will be no cost to the City if services are not used.

3 Impact on the Community
This agreement enables the Public Works Department to continue providing stormwater inspection services and ensures compliance with State and Federal construction runoff regulations. Continued access to these services is necessary to maintain effective service delivery and environmental protection for the community.

ATTACHMENT(S)

A. Resolution – Tetra Tech, Inc.

B. Resolution - Trihydro
C. Agreement - Tetra Tech, Inc.

D. Agreement - Trihydro

Attachment A

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING A PROFESSIONAL SERVICES AGREEMENT TO
TETRA TECH, INC. FOR ON-CALL CONSTRUCTION STORMWATER
INSPECTION SERVICES IN THE AMOUNT OF $500,000

WHEREAS, the Department of Public Works administers State and Federal pollution prevention policies for stormwater runoff, verifying that appropriate stormwater permits and plans are in place prior to the commencement of construction; and

WHEREAS, throughout the construction process, applicants are required to implement stormwater best management practices (BMPs) as outlined in the plan(s) required for the project, and such BMPs are required year -round in the City of Santa Maria; and

WHEREAS, periodic inspection of construction sites is necessary to ensure compliance, and the volume of inspections requires professional services in addition to existing Public Works Department staff; and

WHEREAS, following a Request for Proposals process, Tetra Tech, Inc. was determined to be responsive and the most qualified firm to provide the required construction stormwater inspection services;.

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

SECTION 1. Authorize City Manager, or designee, to approve and execute, on behalf of the City, a Professional Services Agreement with Tetra Tech, Inc., in the amount of $500,000 for on-call construction stormwater inspection services; and

SECTION 2 . The Chief Deputy City Clerk is hereby authorized to make m inor 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, California, held this 16th day of September 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

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

Attachment B

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING A PROFESSIONAL SERVICES AGREEMENT TO

TRIHYDRO FOR ON-CALL CONSTRUCTION STORMWATER
INSPECTION SERVICES IN THE AMOUNT OF $500,000

WHEREAS, throughout the construction process, applicants are required to implement stormwater best management practices (BMPs) as outlined in the plan(s) required for the project, and s uch BMPs are required year -round in the City of Santa Maria; and

WHEREAS, following a Request for Proposals process, Trihydro was determined to be responsive and the most qualified firm to provide the required construction stormwater inspection services;.

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

SECTION 1. Authorize City Manager, or designee, to approve and execute, on behalf of the City, a Professional Services Agreement with Trihydro, in the amount of $500,000 for on-call construction stormwater inspection services; and

///

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 16th day of September 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

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

Attachment C
1 Atty. Rev. 2021

AGREEMENT FOR PROFESSIONAL SERVICES

ON-CALL CONSTRUCTION STORMWATER INSPECTION SERVICES

This Agreement is made on September 16, 2025, by and between Tetra Tech, 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 Traffic 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.” Attachment C
2 Atty. Rev. 2021

2.06. Exhibits. Exhibits “A,” “B,” “C” and “D” 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 will ful 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 reference into any Agreement Attachment C
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:

Zoe Glick, P.E.

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

Tetra Tech, Inc.

Attn: Anne Simpson
3201 Airpark Drive, Suite 108
Santa Maria, California 93455

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 C
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 determinati on 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. Contractor shall follow the prevailing wage requirements in Exhibit D where work qualifies for prevailing wage.

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

TETRA TECH, INC., a California
Corporation
CITY OF SANTA MARIA, a Municipal
Corporation

___________________________
By: Anne Simpson
Senior Project Manager/Scientist

___________________________
Brett Fulgoni
Public Works Director

ATTEST:

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

______________________
City Attorney

______________________
Risk Manager

Attachment C

Atty. Rev. 2021

EXHIBIT “A”

SERVICES TO BE PERFORMED

The main categories of work will include Land Development Construction Stormwater Inspection (approximately 80% of the time) and Capital Projects Construction (approximately 20%):

 Land Development Construction Stormwater Inspection and Stormwater Pollution Prevention Plan (SWPPP) Compliance
 Perform site inspections on Land Development projects within the City of Santa Maria for compliance with the City’s MS4 permit.
 Prepare inspection reports detailing site conditions, BMP maintenance, and correspondence with site superintendent.
 Perform re-inspections, detailing corrective actions rectified, site conditions, BMP maintenance, and correspondence with site superintendent as necessary.  Rain event inspections and sample collection as necessary.  Review SWPPPs submitted to the city for completeness and compliance with the Construction General Permit and City policy.
 Provide final inspections to confirm that sites are sufficiently stabilized in preparation for termination of SWPPP coverage.
 Provide final inspections to confirm that on-site Post-Construction Requirements (PCRs) have been built per plan.
 Capital Projects Stormwater Inspection and Stormwater Pollution Prevention Plan (SWPPP) Compliance for City of Santa Maria Capital Projects  Perform site inspections on capital projects within the City of Santa Maria for compliance with the City’s MS4 permit.
 Prepare inspection reports detailing site conditions, BMP maintenance, and correspondence with site superintendent.
 Perform re-inspections, detailing corrective actions rectified, site conditions, BMP maintenance, and correspondence with site superintendent as necessary.  Rain event inspections and sample collection as necessary.  File NOI on SMARTS system with SWRCB and upload all inspection reports, sample data, and all other necessary information for upkeep of the WDID for the City’s capital project. Provide guidance to City for process of using SMARTS and providing certification after data has been input. Closeout project with NOT on SMARTS.
 Provide final inspections to confirm that sites are sufficiently stabilized in preparation for termination of SWPPP coverage.
 Provide final inspections to confirm that on-site Post-Construction Requirements (PCRs) have been built per plan.

Attachment C

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 term of the Agreement shall be $500,000.

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 C

Atty. Rev. 2021

Attachment C

Atty. Rev. 2021

Attachment C

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 Servi ces 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 Om issions 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 priva cy 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 Attachment C

Atty. Rev. 2021

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:

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 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 Attachment C

Atty. Rev. 2021

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 C

Atty. Rev. 2021

EXHIBIT “D”

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND

PRECONSTRUCTION PHASES OF CONSTRUCTION, AND INSTALLATIONS

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 Labor 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 other 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 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 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 wages 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 Attachment C

Atty. Rev. 2021

published wage rate and the predetermined wage rate is on file 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 one or more additional expiration dates with additional predetermined 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.

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. k

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 available 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 apprenticeable 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 of its Attachment C

Atty. Rev. 2021

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’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this 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 Contractor 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 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.

Attachment D
1 Atty. Rev. 2021

AGREEMENT FOR PROFESSIONAL SERVICES

ON-CALL CONSTRUCTION STORMWATER INSPECTION SERVICES

This Agreement is made on September 16, 202 5, by and between Trihydro, 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.

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.” Attachment D
2 Atty. Rev. 2021

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

3. Contractor’s Obligations.

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.

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

with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.

4. Miscellaneous

To City:

Zoe Glick, P.E.

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

Trihydro
Attn: Ercan Candan
142 Cross Street, Suite 200
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 p repaid, 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 sign ed 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 D
4 Atty. Rev. 2021

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

TRIHYDRO, a California Corporation CITY OF SANTA MARIA, a Municipal Corporation

___________________________
By: Ercan Candan
Project Director

___________________________
Brett Fulgoni
Public Works Director

ATTEST:

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

______________________
City Attorney

______________________
Risk Manager

Attachment D

Atty. Rev. 2021

EXHIBIT “A”

SERVICES TO BE PERFORMED

The main categories of work will include Land Development Construction Stormwater Inspection (approximately 80% of the time) and Capital Projects Construction (approximately 20%):

Attachment D

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.

The aggregate not -to-exceed fee for all tasks provided during the initial term of the Agreement shall be $500,000.

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

Attachment D

Atty. Rev. 2021

Attachment D

Atty. Rev. 2021

Attachment D

Atty. Rev. 2021

EXHIBIT “C”

INSURANCE REQUIREMENTS

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Servic es 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 Attachment D

Atty. Rev. 2021

monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

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

D. Other Insurance Requirements

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

Atty. Rev. 2021

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 of ficers, 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 polic y 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 grant s 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 wai ver 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 sho wn, 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 o r non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the contract effective date, the Attachment D

Atty. Rev. 2021

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

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 D

Atty. Rev. 2021

EXHIBIT “D”

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND

PRECONSTRUCTION PHASES OF CONSTRUCTION, AND INSTALLATIONS

The terms of this Agreement apply to all public works projects for over $1,000.

Atty. Rev. 2021

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 of its Attachment D

Atty. Rev. 2021

employees. By signing the Agreement, to which this is an exhibit, the Contractor certifies that:

COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Brett Fulgoni, Director of Public Works

DATE: September 16, 2025

SUBJECT: Adoption of Resolutions to Award Four Professional Services Agreements for On -Call Construction Management and Inspection Services

Description:

The City Council will c onsider adopting resolutions approving the award of On -Call Construction Management and Inspection Services to 1) Cannon Corporation, 2) Filippin Engineering, Inc., 3) MNS Engineers, Inc., and 4) Wallace Group. The City has active and pending projects that require technical assistance from firms able to provide Construction Management and Inspection Services. On -Call Construction Management and Inspection Services would also be made available to other Departments for funded projects.

RECOMMENDATIONS:

1. Adopt a Resolution awarding a Professional Services Agreement to Cannon Corporation for On-Call Construction Management and Inspection Services in the amount of $300,000; and

2. Adopt a Resolution awarding a Professional Services Agreement to Filippin Engineering, Inc. for On -Call Construction Management and Inspection Services in the amount of $300,000; and

3. Adopt a Resolution awarding a Professional Servic es Agreement to MNS Engineers, Inc. for On -Call Construction Management and Inspection Services in the amount of $300,000; and

4. Adopt a Resolution awarding a Professional Services Agreement to Wallace Group for On -Call Construction Management and Inspect ion Services in the amount of $300,000; and

5. Authorize City Manager, or designee, to execute agreements.

2 BACKGROUND:

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, necessitating the hiring of outside consultants for these services. Having on-call consultants that can provide these services will allow the City to deliver 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 seven proposals were received on April 07, 2025.

Firm and Location
Cannon Corporation, San Luis Obispo, CA
Filippin Engineering, Inc., San Luis Obispo, CA
MNS Engineers, Inc., Santa Barbara, CA
Wallace Group, San Luis Obispo, CA

The proposed Professional Services Agreements would be managed by the Engineering Division. On-Call Construction Management and Inspection 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, work load 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)
City Council could decide to not award these Construction Management and Inspection 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 Construction Management and Inspection 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.

3 Fiscal Considerations
Fees for On-Call Construction Management and Inspection 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 City is under no obligation to expend any funds under these Professional Services Agreements.

Impact on the Community
The community will benefit by the City being able to supplement City staff when needed to deliver projects to the community in a timely manner resulting in a higher quality of life for residents and visitors to the community.

ATTACHMENT(S)

A. Resolution – Cannon Corporation
B. Resolution – Filippin Engineering, Inc.

C. Resolution – MNS Engineers, Inc.

D. Resolution – Wallace Group
E. Agreement – Cannon Corporation
F. Agreement – Filippin Engineering, Inc.

G. Agreement – MNS Engineers, Inc.

H. Agreement – Wallace Group

Attachment A

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCI

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING PROFESSIONAL SERVICES AGREEMENT

TO CANNON CORPORATION FOR ON-CALL CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES
IN THE AMOUNT OF $300,000

WHEREAS, the need exists for the City to obtain prompt professional Construction Management and Inspection Services to support municipal improvement projects; and

WHEREAS, on March 10, 2025, the City issued a Request for Proposal (RFP) for On-Call Construction Management and Inspection 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 07, 2025, the City received seven 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 Cannon Corporation satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed On-Call Construction Management and Inspection Services; and,

WHEREAS, the firms 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,

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

SECTION 1 . The Professional Services Agreement for On -Call Construction Management and Inspection Services is awarded to Cannon Corp oration for a term ending on June 30, 2026, at 11:59 pm, with an annual fee not to exceed $300,000; and

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.; and

//
Attachment A

Page 2 of 2 ends

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 Dep uty 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 16th day of September 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

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

Attachment B

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING PROFESSIONAL SERVICES AGREEMENT TO
FILIPPIN ENGINEERING, INC.FOR ON-CALL CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES
IN THE AMOUNT OF $300,000

WHEREAS, the need exists for the City to obtain prompt professional Construction Management and Inspection Services to support municipal improvement projects; and

WHEREAS, on April 07, 2025, the City received seven 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 Filippin Engineering, Inc. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed On-Call Construction Management and Inspection Services; and,

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

SECTION 1 . The Professional Services Agreement for On -Call Construction Management and Inspection Services is awarded to Filippin 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. That the City Manager, or designee, is authorized to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal.; and

//
Attachment B

Page 2 of 2 ends

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 Cle rk 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 16th day of September 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

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

Attachment C

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING PROFESSIONAL SERVICES AGREEMENT
TO MNS ENGINEERS, INC. FOR ON-CALL CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES
IN THE AMOUNT OF $300,000

WHEREAS, the need exists for the City to obtain prompt professional Construction Management and Inspection Services to support municipal improvement projects; and

WHEREAS, on April 07, 2025, the City received seven 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 MNS Engineers, Inc. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed On-Call Construction Management and Inspection Services; and,

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

SECTION 1 . The Professional Services Agreement for On -Call Construction Management and Inspection Services is awarded to MNS Enginee rs, 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. That the City Manager, or designee, is authorized to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal.; and

//
Attachment C

Page 2 of 2 ends

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 16th day of September 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

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

Attachment D

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA MARIA, CALIFORNIA

AWARDING PROFESSIONAL SERVICES AGREEMENT

TO WALLACE GROUP FOR ON-CALL CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES
IN THE AMOUNT OF $300,000

WHEREAS, the need exists for the City to obtain prompt professional Construction Management and Inspection Services to support municipal improvement projects; and

WHEREAS, on April 07, 2025, the City received seven 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 Wallace Group satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed On-Call Construction Management and Inspection Services; and,

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

SECTION 1 . The Professional Services Agreement for On -Call Construction Management and Inspection Services is awarded to Wallace Group, for a term ending on June 30, 2026, at 11:59 pm, with an annual fee not to exceed $300,000; and

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.; and

//
Attachment D

Page 2 of 2 ends

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 16th day of September 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

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

Attachment E
1 Atty. Rev. 2021

AGREEMENT FOR PROFESSIONAL SERVICES

ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES

This Agreement is made on September 16, 202 5, by and between Cannon Corporation, 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.

2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing On-Call Construction Management and Inspection 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 E
2 Atty. Rev. 2021

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

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

3. Contractor’s Obligations.

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.

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 E
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

To City:

David Beas, P.E.

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

Cannon Corporation
Attn: Patrick Riddell, P.E.
1050 Southwood Drive
San Luis Obispo, California 93401

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.

4.04. 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 E
4 Atty. Rev. 2021

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 Municipal
Corporation

___________________________
By: Larry Kraemer, P.E.

Director

___________________________
Brett Fulgoni
Public Works Director

ATTEST:

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

______________________
City Attorney

______________________
Risk Manager

Attachment E

Atty. Rev. 2021

EXHIBIT “A”

SCOPE OF WORK

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform CMI services on the projects listed above include, but are not limited to:

• Constructability Review
• Oversight of construction surveying and material testing • Pre-job coordination and administration activities
• Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o AWWA
o City of Santa Maria
o County of Santa Barbara
• Experience in documentation of activities through Daily Inspection Logs • Construction Safety Orders
• Best Management Practices
• Inspection:
o Traffic Control
o Storm Water Prevention Measures
o General Street Construction
o Underground Utility Construction
o Traffic Signal Installation
o Landscaping and Irrigation Installation
o Street Striping
• Ability to work with utilities and public agencies in and adjacent to the City of Santa Maria
• Understanding of environmental regulations relevant to construction activities.

Attachment E

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 Order will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B of the Request for Proposal .

The aggregate not -to-exceed fee for all tasks provided during the initial 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

Attachment E

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Attachment E

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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 show n 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 Liabi lity 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 appropr iate 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 Attachment E

Atty. Rev. 2021

monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

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

D. Other Insurance Requirements

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

Atty. Rev. 2021

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 Attachment E

Atty. Rev. 2021

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

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 E

Atty. Rev. 2021

EXHIBIT “D”

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND

PRECONSTRUCTION PHASES OF CONSTRUCTION, AND INSTALLATIONS

The terms of this Agreement apply to all public works projects for over $1,000.

Atty. Rev. 2021

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 of its Attachment E

Atty. Rev. 2021

employees. By signing the Agreement, to which this is an exhibit, the Contractor certifies that:

Attachment F
1 Atty. Rev. 2021

AGREEMENT FOR PROFESSIONAL SERVICES

ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES

This Agreement is made on September 16, 202 5, by and between Filippin 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.

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 F
2 Atty. Rev. 2021

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

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

3. Contractor’s Obligations.

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.

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 F
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

To City:

David Beas, P.E.

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

Filippin Engineering, Inc.

Attn: Lyle Nemeth, P.E.
354 South Fairview Ave.

Goleta, California 93117

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.

4.04. 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 F
4 Atty. Rev. 2021

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. Contractor shall follow the prevailing wage requirements in Exhibit D where work qualifies for prevailing wage.

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

FILIPPIN ENGINEERING, INC., a
California Corporation
CITY OF SANTA MARIA, a Municipal
Corporation

___________________________
By: Gino Filippin, P.E
President

___________________________
Brett Fulgoni
Public Works Director

ATTEST:

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

______________________
City Attorney

______________________
Risk Manager

Attachment F

Atty. Rev. 2021

EXHIBIT “A”

SCOPE OF WORK

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform CMI services on the projects listed above include, but are not limited to:

Attachment F

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 Order wil l be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B of the Request for Proposal.

The aggregate not -to-exceed fee for all tasks provided during the initial 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

Attachment F

Atty. Rev. 2021

Attachment F

Atty. Rev. 2021

EXHIBIT “C”

INSURANCE REQUIREMENTS

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Office C ommercial 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 liab ility 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 Attachment F

Atty. Rev. 2021

monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

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

D. Other Insurance Requirements

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

Atty. Rev. 2021

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 of ficers, 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 polic y 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 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.

Atty. Rev. 2021

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

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 F

Atty. Rev. 2021

EXHIBIT “D”

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND

PRECONSTRUCTION PHASES OF CONSTRUCTION, AND INSTALLATIONS

The terms of this Agreement apply to all public works projects for over $1,000.

Atty. Rev. 2021

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 of its Attachment F

Atty. Rev. 2021

employees. By signing the Agreement, to which this is an exhibit, the Contractor certifies that:

Attachment G

1 Atty. Rev. 2021

AGREEMENT FOR PROFESSIONAL SERVICES

ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES

This Agreement is made on September 16, 2025, by and between MNS Engineers, 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.

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 G

2 Atty. Rev. 2021

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

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

3. Contractor’s Obligations.

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.

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 G

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

To City:

David Beas, P.E.

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

MNS Engineers, Inc.

Attn: Scott McGolpin, P.E.
201 N. Calle Cesar Chavez, Suite 300
Santa Barbara, CA 93103

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 G

4 Atty. Rev. 2021

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. Contractor shall follow the prevailing wage requirements in Exhibit D where work qualifies for prevailing wage.

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

MNS ENGINEERS, INC., a California
Corporation
CITY OF SANTA MARIA, a Municipal
Corporation

___________________________
By: Jeff Edwards
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 G

Atty. Rev. 2021

EXHIBIT “A”

SCOPE OF WORK

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform CMI services on the projects listed above include, but are not limited to:

Attachment G

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.

The aggregate not -to-exceed fee for all tasks provided during the initial 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

Attachment G

Atty. Rev. 2021

Attachment G

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 mi nimums 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 Ge neral 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 Attachment G

Atty. Rev. 2021

monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

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

D. Other Insurance Requirements

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

Atty. Rev. 2021

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 Attachment G

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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 endorsem ents 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 be ginning 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 G

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EXHIBIT “D”

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND

PRECONSTRUCTION PHASES OF CONSTRUCTION, AND INSTALLATIONS

The terms of this Agreement apply to all public works projects for over $1,000.

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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 of its Attachment G

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employees. By signing the Agreement, to which this is an exhibit, the Contractor certifies that:

Attachment H

1 Atty. Rev. 2021

AGREEMENT FOR PROFESSIONAL SERVICES

ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES

This Agreement is made on September 16, 2025, 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.

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 H

2 Atty. Rev. 2021

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

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

3. Contractor’s Obligations.

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.

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

To City:

David Beas, P.E.

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

Wallace Group
Attn: Jorge Aguilar
612 Clarion Court
San Luis Obispo, CA 93401

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.

4.04. 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 H

4 Atty. Rev. 2021

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 Municipal
Corporation

___________________________
By: Jorge Aguilar
Principal

___________________________
Brett Fulgoni
Public Works Director

ATTEST:

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

______________________
City Attorney

______________________
Risk Manager

Attachment H

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EXHIBIT “A”

SCOPE OF WORK

TYPICAL SERVICES REQUIRED

The required services and abilities required to successfully perform CMI services on the projects listed above include, but are not limited to:

Attachment H

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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 Order will be issued for each task not t o exceed $75,000 per task as indicated in Section 1.1B of the Request for Proposal.

The aggregate not -to-exceed fee for all tasks provided during the initial 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

Attachment H

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EXHIBIT “C”

INSURANCE REQUIREMENTS

Attachment H

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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 re quires 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

Attachment H

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Consultant shall maintain limits no less than:

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 decl ared 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
operations. General liability coverage can be provided in the form or an endor sement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 Attachment H

Atty. Rev. 2021

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 volun teers 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 con firmation 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 provide d 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 purch ase “extended reporting”
coverage for a minimum of five (5) years after
completion of work.

Attachment H

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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 endorsem ents 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 be ginning 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 H

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EXHIBIT “D”

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND

PRECONSTRUCTION PHASES OF CONSTRUCTION, AND INSTALLATIONS

The terms of this Agreement apply to all public works projects for over $1,000.

Atty. Rev. 2021

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 of its Attachment H

Atty. Rev. 2021

employees. By signing the Agreement, to which this is an exhibit, the Contractor certifies that:

COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Brett Fulgoni, Director of Public Works

DATE: September 16, 2025

SUBJECT: Adoption of a Resolution Awarding a Bid to G. Sosa Construction, Inc. and Approving an Agreement for Phase III of the Enos Ranch Project, Bid No. 2025-07

Description:

The City Council will consider adopting a Resolution approving an award of bid to G. Sosa Construction, Inc for the construction of Phase III of the Enos Ranch Project. The City received five bids for this project. Phase III will consist of site improvements for the Enos Ranch Historical House Park, includin g grading, utilities, hardscape features, ADA accessible ramps, parking lot improvements, electrical infrastructure, and the construction of a CMU trash enclosure and decorative entry monument.

Environmental Notice: As required by the California Environme ntal Quality Act, a Notice of Determination was prepared and filed in connection with the Enos Ranchos Specific Plan Amendment (SCH 2007011082), Santa Maria, California. In addition, the original NOD was filed with the Department of Fish and Wildlife payment.

RECOMMENDATION:

1. Adopt a Resolution awarding a n agreement to G. Sosa Construction, Inc. for the construction of Phase III of the Enos Ranch Project, Bid No. 2025-07 in the amount of $1,343,540.80; and

2. Authorize City Manager, or designee, to execute agreement.

BACKGROUND:

Under the direction of the City of Santa Maria Recreation and Parks Department, the project was designed by Tom B. Martinez and Associates Architecture Inc. Phase III improvements include grading, utilities, hardscape features, ADA accessible ramps, parking lot improvements, electrical infrastructure, and the construction of a CMU trash enclosure and decorative entry monument.

DISCUSSION:

The project was publicly advertised, and four bids were received and opened on September 3, 2025. A summary of the bids submitted are as follows:

2 Bidder Grand Total Bid Amounts
G. Sosa Construction, Inc $1,343,540.80
The J. F. Will Company, Inc. $1,362,314.00
R Burke Corporation $1,497,872.30
V. Lopez Jr. & Sons G.E.C., Inc. $1,502,570.60
MD Construction Co., Inc. $1,504,996.49

A detailed tabulation of the bids received is attached (Attachment B). Signed proposals and bid bond forms are available for viewing in the Public Works Office located at 110 South Pine Street, Suite 221, Santa Maria, CA 93458.

G. Sosa Construction Inc has successfully completed similar projects throughout Southern California and the Central Coast. Staff has verified references and determined the firm is qualified to perform the work.

The bid amounts include only the Base Bid. After review of the budget, staff recommends awarding the Base Bid in the amount of $1,343,540.80 to G. Sosa Construction, Inc.

Alternative(s)
The alternative to the recommended action would be to reject all bids.

Environmental Review
The Notice of Determination deemed that the project will have a significant impact on the environment. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. Mitigation measures were made a condition of the approval of the project. A mitigation reporting and monitoring plan was adopted for this project and a statement of Overriding Considerations was adopted for this project. The findings were made pursuant to the provisions of CEQA.

Fiscal Considerations
Sufficient funds for this project have been budgeted in FY 2025/2026 from the account titled “Enos Ranch Park & Cultural Center Construction,” along with HUD funding.

Available Budget Account Amount
7400-FD210-CC1120-SC7300-0
HUD Funding
$ 1,381,773.62
$ 500,000.00
Estimated Expenditures Amount
Award
Contingency (15%)
$ 1,343,540.80
$ 201,531.12
Inspection, Testing, Staff Time $ 134,354.08
Total $ 1,679,426.00

3 Impact on the Community
The project will establish the new Japanese Cultural Center within the Enos Ranch Historical House Park. This facility will serve as a cultural and community hub, provide a venue for events, and honor residents of Japanese heritage, thereby enriching the cultural diversity and historical recognition within the City.

ATTACHMENT(S)

A. Resolution
B. Detailed Bid Results
C. Agreement

Attachment A

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA
AWARDING AN AGREEMENT TO G SOSA CONSTRUCTION INC.

FOR THE CONSTRUCTION OF PHASE III OF THE ENOS RANCH
PROJECT, BID NO. 2025-07 IN THE AMOUNT OF $1,343,540.80

WHEREAS, the City of Santa Maria formally advertised Phase III of the Enos Ranch Project, Bid No. 2025-07 (“Project”); and

WHEREAS, the Notice Inviting Bids was published and posted in compliance with applicable sections of the Public Contract Code; and

WHEREAS, the bids were publicly opened at 2:00 p.m. on September 3, 2025, via Planet Bids; and

WHEREAS, G Sosa Construction Inc., was determined to be the lowest responsive and responsible bidder, submitting all required documentation, bid bonds, and signatures; and

WHEREAS, an Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA and mitigation measures were made a condition of the approval of the project, and the findings were made pursuant to the provisions of CEQA; and

WHEREAS, sufficient funds for this project are budgeted in FY 25/26 in the account titled “Enos Ranch Park & Cultural Center Construction,” along with HUD funding.

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

SECTION 1. The City Manager or designee is hereby authorized and directed to execute, for and on behalf of the City of Santa Maria, a n Agreement with G Sosa Construction Inc., for Phase III of the Enos Ranch Project, Bid No. 2025-07; and

SECTION 2. The award of the bid is conditional upon execution of the Agreement by the successful bidder in the form and terms set forth therein by the City; and

SECTION 3. The City Manager, or designee, is hereby authorized and directed to designate funds from the following identified account: “Enos Ranch Park & Cultural Center Construction” for the approved project in the amount of $1,679,426; and

SECTION 4. The City Manager, or designee, is hereby authorized to approve Contract Change Orders so long as expenditure does not exceed funding approved for the project; and

SECTION 5. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical erro rs, 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 m eeting of the City Council of the City of Santa Maria held this 16th day of September 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

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

City of Santa Maria
Bid Results for Project ENOS HOUSE ‐ PHASE III (2025‐07) Issued on 07/25/2025
Bid Due on September 03, 2025 2:00 PM (PDT)
Line Totals (Unit Price * Quantity)
Item Num Item Code Description Unit Quantity Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total 1B ‐1 CONSTRUCTION COORDINATION LS 1 $24,179.00 $24,179.00 $67,580.00 $67,580.00 $30,000.00 $30,000.00 $41,516.00 $41,516.00 $12,529.44 $12,529.44 2B ‐2 CONSTRUCTION SURVEYING LS 1 $13,202.00 $13,202.00 $12,199.00 $12,199.00 $9,300.00 $9,300.00 $12,035.00 $12,035.00 $11,777.67 $11,777.67 3B ‐3 PROTECT EXISTING UTILITIES LS 1 $2,000.00 $2,000.00 $4,485.00 $4,485.00 $5,000.00 $5,000.00 $4,589.00 $4,589.00 $3,132.36 $3,132.36 4B ‐4 EARTHWORK, AND SUBGRADE PREPARATION LS 1 $68,292.00 $68,292.00 $60,004.00 $60,004.00 $55,000.00 $55,000.00 $65,645.00 $65,645.00 $175,913.34 $175,913.34 5B ‐5 ELECTRICAL LS 1 $229,154.00 $229,154.00 $242,198.00 $242,198.00 $287,616.00 $287,616.00 $308,039.00 $308,039.00 $315,528.89 $315,528.89 6B ‐64 " CONCRETE SF 1900 $12.00 $22,800.00 $16.57 $31,483.00 $22.30 $42,370.00 $30.50 $57,950.00 $12.96 $24,624.00 7B ‐7 NOT USED SF 1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 8B ‐8 CONCRETE STEPS SF 135 $110.00 $14,850.00 $182.88 $24,688.80 $200.00 $27,000.00 $332.00 $44,820.00 $85.20 $11,502.00 9B ‐96 " MOWCURB LF 880 $35.00 $30,800.00 $21.59 $18,999.20 $38.00 $33,440.00 $50.00 $44,000.00 $26.15 $23,012.00 10 B‐10 ADA AND REGULAR STRIPING LS 1 $4,600.00 $4,600.00 $6,534.30 $6,534.30 $15,000.00 $15,000.00 $4,165.00 $4,165.00 $6,878.66 $6,878.66 11 B‐11 TRUCATED DOMES SF 60 $50.00 $3,000.00 $92.31 $5,538.60 $100.00 $6,000.00 $67.00 $4,020.00 $77.68 $4,660.80 12 B‐12 ADA SIGNAGE LS 1 $2,587.00 $2,587.00 $2,848.14 $2,848.14 $5,600.00 $5,600.00 $1,253.00 $1,253.00 $2,819.12 $2,819.12 13 B‐13 NOT USED SF 1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 14 B‐14 2" HMA PAVING IN PARKING LOT SF 27657 $2.40 $66,376.80 $2.59 $71,631.63 $3.90 $107,862.30 $2.80 $77,439.60 $2.88 $79,652.16 15 B‐15 RAMP/STAIR HANDRAILS LF 70 $178.00 $12,460.00 $281.52 $19,706.40 $197.00 $13,790.00 $195.00 $13,650.00 $304.29 $21,300.30 16 B‐16 PARKING WHEEL STOP EA 6 $140.00 $840.00 $167.85 $1,007.10 $250.00 $1,500.00 $142.00 $852.00 $156.62 $939.72 17 B‐17 ADA ACCESSIBLE PARKING STALLS LS 1 $1,690.00 $1,690.00 $10,258.00 $10,258.00 $8,000.00 $8,000.00 $1,365.00 $1,365.00 $7,517.66 $7,517.66 18 B‐ALT‐1 24" CMU WALL WITH STONE VENEER LF 125 $748.00 $93,500.00 $513.34 $64,167.50 $483.00 $60,375.00 $508.50 $63,562.50 $705.17 $88,146.25 19 B‐ALT‐2 30" CMU WALL WITH STONE VENEER LF 60 $844.00 $50,640.00 $614.92 $36,895.20 $605.00 $36,300.00 $589.00 $35,340.00 $936.60 $56,196.00 20 B‐ALT‐34 ' TALL SPLIT RAIL FENCE LF 190 $66.00 $12,540.00 $89.35 $16,976.50 $39.00 $7,410.00 $57.00 $10,830.00 $45.60 $8,664.00 21 B‐ALT‐4 VINEYARD WIRE FENCING LF 270 $41.00 $11,070.00 $26.77 $7,227.90 $79.00 $21,330.00 $75.00 $20,250.00 $72.97 $19,701.90 22 B‐ALT‐5 VINES 5 GALLON EA 62 $52.00 $3,224.00 $70.56 $4,374.72 $63.00 $3,906.00 $69.00 $4,278.00 $63.98 $3,966.76 23 B‐ALT‐63 6 ‐INCH BOX TREES EA 2 $1,050.00 $2,100.00 $1,655.84 $3,311.68 $1,475.00 $2,950.00 $1,651.00 $3,302.00 $1,505.72 $3,011.44 24 B‐ALT‐72 4 ‐INCH BOX TREES EA 62 $480.00 $29,760.00 $465.50 $28,861.00 $455.00 $28,210.00 $475.50 $29,481.00 $464.40 $28,792.80 25 B‐ALT‐81 5 ‐GALLON TREES EA 42 $212.00 $8,904.00 $198.04 $8,317.68 $181.00 $7,602.00 $193.00 $8,106.00 $184.26 $7,738.92 26 B‐ALT‐95 GALLON SHRUBS EA 1654 $51.00 $84,354.00 $33.13 $54,797.02 $33.00 $54,582.00 $34.00 $56,236.00 $33.09 $54,730.86 27 B‐ALT‐10 1 GALLON SHRUBS EA 3092 $17.00 $52,564.00 $14.35 $44,370.20 $14.00 $43,288.00 $15.00 $46,380.00 $14.34 $44,339.28 28 B‐ ALT‐11 1 GALLON GROUNDCOVER EA 930 $17.00 $15,810.00 $15.11 $14,052.30 $14.00 $13,020.00 $15.00 $13,950.00 $14.34 $13,336.20 29 B‐ALT‐12 TURF SOD SF 7850 $1.40 $10,990.00 $2.45 $19,232.50 $2.50 $19,625.00 $2.40 $18,840.00 $2.33 $18,290.50 30 B‐ALT‐13 DECOMPOSED GRANITE SF 1700 $9.00 $15,300.00 $11.03 $18,751.00 $10.00 $17,000.00 $11.00 $18,700.00 $10.48 $17,816.00 31 B‐ALT‐14 TRASH ENCLOSURE LS 1 $38,875.00 $38,875.00 $34,133.15 $34,133.15 $61,000.00 $61,000.00 $45,886.00 $45,886.00 $42,685.13 $42,685.13 32 B‐ALT‐15 ENTRY OVERHEAD MONUMENT LS 1 $35,534.00 $35,534.00 $26,597.20 $26,597.20 $27,000.00 $27,000.00 $5,699.00 $5,699.00 $26,474.14 $26,474.14 33 B‐ALT‐16 4" COLORED CONCRETE SF 5500 $14.50 $79,750.00 $19.69 $108,295.00 $30.00 $165,000.00 $26.00 $143,000.00 $14.17 $77,935.00 34 B‐ALT‐17 IRRIGATION SYSTEM LS 1 $221,400.00 $221,400.00 $189,622.00 $189,622.00 $184,356.00 $184,356.00 $191,429.00 $191,429.00 $188,297.30 $188,297.30 35 B‐ALT‐18 IMPORTED TOPSOIL, SOIL PREPARATION AND MULCHING SF 54150 $1.30 $70,395.00 $1.70 $92,055.00 $1.60 $86,640.00 $1.75 $94,762.50 $1.70 $92,055.00 36 B‐ALT‐19 PLANT ESTABLISHMENT LS 1 $10,000.00 $10,000.00 $11,115.28 $11,115.28 $10,800.00 $10,800.00 $11,200.00 $11,200.00 $11,030.89 $11,030.89 Total $1,343,540.80 Total $1,362,314.00 Total $1,497,872.30 Total $1,502,570.60 Total $1,504,996.49 G Sosa Construction Inc The J. F. Will Company, Inc. R Burke Corporation V. Lopez Jr. & Sons G.E.C., Inc. MD Construction Co., Inc.

Attachment B
Attachment C

AGREEMENT

THIS AGREEMENT, made and entered into on this 16th day of September 2025, by and between G. Sosa Construction, Inc., hereinafter referred to as "Contractor," and the City of Santa Maria in the County of Santa Barbara, California, hereinafter referred to as "Owner."

WITNESSETH:

That for and in consideration of the promises and agreements hereinafter made and exchanged, Owner and Contractor agree as follows:

1. That Contractor shall complete the work generally described as follows: Enos Ranch, Phase III (PW 2025-07), in accordance with th e Contract Documents th erefore, adopted by the City Council, of Owner, as prepared by City of Santa Maria.

2. That Owner will pay Contractor progress payments and the final payment, in accordance with the provisions of the contract documents, with warrants drawn on the appropriate fund or funds as required, at the prices bid on the proposal form accepted by Owner and set forth in this agreement.

Total Bid of One Million Three Hundred Forty-Three Thousand Five Hundred Forty Dollars And Eighty Cents.

Contract Price in Figures $1,343,540.80

3. Contractor agrees to complete said work within the contract time of three (3) months, from the day following the issuance of the Notice to Proceed, and approved extensions thereof, to the satisfaction of Owner before final payment is made.

4. Time is of the essence on this contract.

5. It is mutually understood and agreed that time is of the essence of this agreement and that it is difficult to ascertain the amount of damages required to properly compensate Owner for failure by Contractor to comply with all the contract requirements within the time fixed in the agreement.

In accordance with California Government Code, Section 53069.85, the amount of liquidated damages to be paid to Owner for each day completion is delayed beyond the time for completion, shall be one thousand two hundred ($1,200) dollars .

Contractor hereby acknowledges that it has reviewed said provisions relating to liquidated damages and the amount thereof and accepts the same as being reasonable under the circumstances and as a material part of the consideration for this contract. Contractor also acknowledges that progress payments made after the scheduled completion date do not constitute a waiver of liquidated damages.

6. That, in accordance with Section 1774 of the California Labor Code, Contractor will Attachment C

pay, and will require subcontractors to pay, employees on the project a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, contained in or referenced in the contract documents.

7. That, in accordance with Section 1775 of the California Labor Code, Contractor shall forfeit to Owner, as a penalty, not more than two hundred dollars ($200) for each day, or portion thereof, for each worker paid, either by Contractor or any subcontractor, less than the prevailing rates as determined by the Director of the California Department of Industrial Relations for the work.

8. That, in accordance with Section 1777.5 of the Labor Code, this agreement fixes the responsibility of compliance with s aid Section 1777.5 for all apprenticeable occupations with the prime Contractor.

9. That, except as provided in Section 1815 of the California Labor Code, in the performance of the work not more than eight (8) hours shall constitute a day's work, and not more than forty (40) hours shall constitute a week's work; that Contractor shall not require more than eight (8) hours of labor in a day nor more than forty (40) hours of labor in a week from any person employed by Contractor or any subcontractor; that Contractor shall conform to Division 2, Part 7, Chapter 1, Article 3 (Section 1810, et seq.) of the California Labor Code; and that Contractor shall forfeit to Owner, as a penalty, the sum of twenty-five dollars ($25) for each worker employed in the execution of the work by Contractor or any subcontractor for each day during which any worker is required or permitted to labor more than eight (8) hours in violation of said Article 3.

10. That Contractor shall carry workers' compensation insurance and require subcontractors to carry workers' compensation insurance as required by the California Labor Code.

11. That Contractor shall have furnished, prior to execution of the contract, three bonds approved by Owner: (1) the faithful performance bond in the amount of one-hundred percent (100%) of the contract price, to guarantee the faithful performance of the work; (2) the labor and material bond in the amount of one-hundred percent (100%) of the contract price, to guarantee payment of all claims for labor and materials furnished; and (3) the guarantee and defective material bond in the amount of ten percent (10%) of the contract price, to guarantee the one year maintenance of public improvements.

This contract shall not become effective until such bonds are supplied to and approved by Owner.

12. That Contractor, prior to execution of the contract shall comply with the following Department of Industrial Relations requirements.

1. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with Attachment C

limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

2. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

3. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

13. That this agreement, by reference, includes the contract documents defined in Document 00700, General Conditions.

14. That Contractor agrees to devote the time necessary to perform the services set forth in this agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional in dividuals 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.

15. The agreement shall be binding on and shall ensure to the benefi t of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this section shall be construed as consent by City to any assignment of this agreement or any interest in this agreement.

(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.)
Attachment C

IN WITNESS WHEREOF, said Contractor and the City Mangager of Santa Maria, by Resolution No. of the City Council, of Owner thereunto duly authorized, have caused the names of said parties to be affixed hereto, each in triplicate, the day and year first above written.

CONTRACTOR:

___________________________
Gregory Sosa
Owner

OWNER:

David W. Rowlands
City Manager

ATTEST:

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

_______________________________
Risk Manager
_______________________________
City Attorney

Attachment C

EXHIBIT “A”

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 Provid er 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 Offi ce 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 copyrigh t, 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.

Attachment C

B. Minimum Limits of Insurance

Provider shall maintain limits no less than:

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 includ ing materials, parts or equipment furnished in connection with such work or
operations. General liability coverage can be provided in the Attachment C

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 grant s 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 sh own, 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

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.

Attachment C

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 en dorsements 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, insure r, coverage, or other special circumstances.

COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Brett Fulgoni, Director of Public Works

DATE: September 16, 2025

SUBJECT: Adoption of Resolutions Awarding Professional Services Agreements for On-Call Right of Way Appraisal Services

Description:

The City Council will consider approving the award of On -Call Right-of-Way Appraisal Services Agreements to BBG, Inc. and Hamner, Jewell & Associates.

RECOMMENDATIONS:

1. Adopt a Resolution awarding a Professional Services Agreement to BBG, Inc. for On- Call Right-of-Way Appraisal Services in the amount of $300,000; and

2. Adopt a Resolution awarding a Professional Services Agreement to Hamner, Jewell & Associates for On-Call Right-of-Way Appraisal Services in the amount of $300,000; and

3. Authorize City Manager or designee to execute agreements.

BACKGROUND:

Right of Way Appraisal Services are necessary for the acquisition of property rights to support City capital improvement projects and other public works-related efforts. Services include appraising properties, preparing appraisal reports, negotiating with property owners, preparing acquisition documents, assisting with escrow and title work, and providing project management, tracking, and clerical support.

DISCUSSION:

On March 26, 2025, a Request for Proposal (RFP) was issued and advertised through the City’s e -Procurement Portal, PlanetBids. A total of two proposals were received on April 23, 2025.

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

Firm and Location

1. BBG, Inc., Detroit MI

2. Hamner, Jewell & Associates, San Luis Obispo, CA

The proposed Professional Services Agreements will be managed by the Engineering Division. On -Call Right -of-Way Appraisal Services may also be used by other Departments for applicable funded projects.

Alternative(s)
City Council may choose not to award the Professional Services Agreements and instead direct staff to issue Requests for Proposals on a project-by-project basis.

Fiscal Considerations
There are no significant additional fiscal impacts anticipated. Funding for services will be identified in the budgets of the respective projects at the time of task order issuance. No costs will be incurred unless services are used.

Impact on the Community
These agreements will enable the City to efficiently acquire property rights necessary for capital and public works projects, minimizing project delays and ensuring timely completion of improvements that benefit the community.

ATTACHMENT(S)

A. Resolution - BBG, Inc.

B. Resolution - Hamner, Jewell and Associates
C. Agreement - BBG, Inc.

D. Agreement - Hamner, Jewell and Associates

Attachment A

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING A PROFESSIONAL SERVICES AGREEMENT TO
BBG, INC., FOR ON-CALL RIGHT-OF-WAY APPRAISAL
SERVICES IN THE AMOUNT OF $300,000

WHEREAS, the Department of Public Works requires Right of Way Appraisal Services to support the acquisition of property rights necessary for various capital improvement projects and other public works-related efforts within the City; and

WHEREAS, such services include appraising properties, preparing appraisal reports, negotiating with property owners, preparing acquisition documents, assisting with escrow and title work, and providing project management, tracking, an d clerical support; and

WHEREAS, on March 26, 2025, the City issued a Request for Proposals for On - Call Right of Way Appraisal Services via the City’s e-Procurement Portal, PlanetBids, with proposals due on April 23, 2025; and

WHEREAS, following a Request for Proposals process, BBG, Inc. was determined to be responsive and the most qualified firm to provide the required Right of Way Appraisal Services;.

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

SECTION 1. Authorize City Manager, or designee , to approve and execute, on behalf of the City, a Professional Services Agreement with BBG, Inc., in the amount of $300,000 for On-Call Right-of-Way Appraisal; and

SECTION 2 . The C hief Deputy City Clerk is hereby authorized to make m inor 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, California, held this 16th day of September 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

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

Attachment B

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING A PROFESSIONAL SERVICES AGREEMENT TO

HAMNER, JEWELL & ASSOCIATES IN THE AMOUNT OF
$300,000 FOR ON-CALL RIGHT-OF-WAY APPRAISAL

SERVICES

WHEREAS, following a Request for Proposals process, Hamner, Jewell & Associates was determined to be responsive and the most qualified firm to provide the required Right of Way Appraisal Services;.

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

SECTION 1. Authorize City Manager, or designee, to approve and execute, on behalf of the City, a Professional Services Agreement with Hamner, Jewell & Associates, in the amount of $300,000 for On-Call Right-of-Way Appraisal; and

SECTION 2. The Chief Deputy City Clerk is hereby authorized to make m inor 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, California, held this 16th day of September 2025.

ATTEST:

Chief Deputy City Clerk

Mayor

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

Attachment C
1 Atty. Rev. 2021

AGREEMENT FOR PROFESSIONAL SERVICES

ON-CALL RIGHT-OF-WAY APPRAISAL SERVICES

This Agreement is made on September 16, 2025, by and between BBG, Inc ., a Michigan 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.

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.” Attachment C
2 Atty. Rev. 2021

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

3. Contractor’s Obligations.

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.

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 limit ed 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, subc ontractors 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.

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 incorporate d by reference into any Agreement Attachment C
3 Atty. Rev. 2021

with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.

4. Miscellaneous

To City:

David Beas, P.E.

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

BBG, Inc.

Attn: Marc Nassif
42 Watson Street, Suite C
Detroit, Michigan 48201

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.

4.04. 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 C
4 Atty. Rev. 2021

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

BBG, Inc., a Michigan Corporation CITY OF SANTA MARIA, a Municipal Corporation

___________________________
By: Marc Nassif
Senior Managing Director

___________________________
Brett Fulgoni
Public Works Director

ATTEST:

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

______________________
City Attorney

______________________
Risk Manager

Attachment C

Atty. Rev. 2021

EXHIBIT “A”

SERVICES TO BE PERFORMED

The required services and abilities required to successfully perform right-of-way services include but are not limited to:
 Appraisal
o Appraise Properties
o Prepare Appraisal Report
 Negotiation
o Negotiate for the purchase of partial/full properties o Prepare all letters and documents required for the proposed acquisitions including but not limited to the following:
 Offer Letter
 Appraisal Summary Statement
 Agreement for purchase
 Deeds
 Other documents as required
o Present the offer in person and handle all discussion with owners o Keep the City advised as to the status of negotiations.  Escrow and Title Coordination
o Assist the City in handling the escrow and title work  Project Management
o Attend meetings, provide general consultations or right-of-way matters pertaining to the project.
 Project Tracking and Clerical
o Provide the necessary tracking and clerical work for the right-of-way acquisition work for the project.

REQUIREMENTS
Consultant(s) shall meet the following requirements:

1. Experience: The Consultant must have experience providing traffic engineering services to municipalities of similar size or sufficient experience in transportation planning and traffic engineering. Specifically, experience should include, but not be limited to: safety studies, operational studies, warrant analysis, signal operations, conceptual road designs, data collection and travel modeling.

2. Deadlines: The Consultant must meet the deadlines listed in the various project schedules. The Consultant will have the opportunity to create the schedule, but once finalized must adhere to it.

3. Compliance: Consultants shall comply with all applicable Federal, State, and local laws and ordinances. This includes City insurance and indemnification requirements.

4. Reporting: Once per month, the Consultant shall provide the City with an itemized account of all services provided in a format approved by the City.

Attachment C

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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 w ill 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 tas ks provided during the initial 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

Attachment C

Atty. Rev. 2021

Attachment C

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EXHIBIT “C”

INSURANCE REQUIREMENTS

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 Attachment C

Atty. Rev. 2021

monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

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

D. Other Insurance Requirements

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

Atty. Rev. 2021

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 an y
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.

Atty. Rev. 2021

Consultant must purchase “extended reporting”
coverage for a minimu m 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

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 C

Atty. Rev. 2021

EXHIBIT “D”

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND

PRECONSTRUCTION PHASES OF CONSTRUCTION, AND INSTALLATIONS

The terms of this Agreement apply to all public works projects for over $1,000.

Atty. Rev. 2021

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 of its Attachment C

Atty. Rev. 2021

employees. By signing the Agreement, to which this is an exhibit, the Contractor certifies that:

Attachment D
1 Atty. Rev. 2021

AGREEMENT FOR PROFESSIONAL SERVICES

ON-CALL RIGHT-OF-WAY APPRAISAL SERVICES

This Agreement is made on September 16, 202 5, by and between Beacon Integrated Professional Resources Inc., DBA Hamner, Jewell & Associates , a California S-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.

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 D
2 Atty. Rev. 2021

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

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

3. Contractor’s Obligations.

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.

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 D
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

To City:

David Beas, P.E.

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

BBG, Inc.

Attn: Marc Nassif
42 Watson Street, Suite C
Detroit, Michigan 48201

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.

4.04. 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 D
4 Atty. Rev. 2021

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

Beacon Integrated Professional
Resources Inc., DBA Hamner, Jewell
& Associates, a California S-
Corporation
CITY OF SANTA MARIA, a Municipal
Corporation

___________________________
By: Lillian D. Jewell
President

___________________________
Brett Fulgoni
Public Works Director

ATTEST:

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

______________________
City Attorney

______________________
Risk Manager
Attachment D

Atty. Rev. 2021

Attachment D

Atty. Rev. 2021

EXHIBIT “A”

SERVICES TO BE PERFORMED

REQUIREMENTS
Consultant(s) shall meet the following requirements:

2. Deadlines: The Consultant must meet the deadlines listed in the various project schedules. The Consultant will have the opportunity to create the schedule, but once finalized must adhere to it.

3. Compliance: Consultants shall comply with all applicable Federal, State, and local laws and ordinances. This includes City insurance and indemnification requirements.

4. Reporting: Once per month, the Consultant shall provide the City with an itemized account of all services provided in a format approved by the City.

Attachment D

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.

The aggregate not -to-exceed fee for all tasks provided during the initial 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

Attachment D

Atty. Rev. 2021

Attachment D

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EXHIBIT “C”

INSURANCE REQUIREMENTS

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 Attachment D

Atty. Rev. 2021

monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

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

D. Other Insurance Requirements

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

Atty. Rev. 2021

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 an y
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.

Atty. Rev. 2021

Consultant must purchase “extended reporting”
coverage for a minimu m 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

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 D

Atty. Rev. 2021

EXHIBIT “D”

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND

PRECONSTRUCTION PHASES OF CONSTRUCTION, AND INSTALLATIONS

The terms of this Agreement apply to all public works projects for over $1,000.

Atty. Rev. 2021

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 of its Attachment D

Atty. Rev. 2021

employees. By signing the Agreement, to which this is an exhibit, the Contractor certifies that:

COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Brett Fulgoni, Director of Public Works

DATE: September 16, 2025

SUBJECT: Adoption of Resolutions to Award Four Professional Services Agreement for On -Call Geotechnical Engineering and Materials Testing Services

Description:

The City Council will c onsider adopting Resolutions approving the award of On -Call Geotechnical Engineering and Materials Testing Services Agreements to 1) Achievement Engineering Corp., 2) Earth Systems Pacific, 3) EnGeo, and 4) Krazan and Associates.

RECOMMENDATIONS:

1. Adopt a Resolution awarding a Professional Services Agreement to Achievement Engineering Corp. for On-Call Geotechnical Engineering and Materials Testing Services in the amount of $300,000; and

2. Adopt a Resolution awarding a Professional Services Agreement to Earth Systems Pacific for On -Call Geotechnical Engineering and Materials Testing Services in the amount of $300,000; and

3. Adopt a Resolution awarding a Professional Services Agreement to EnGeo for On- Call Geotechnical Engineering and Materials Testing Services in the amount of $300,000; and

4. Adopt a Resolution awarding a Professional Services Agreement to Krazan and Associates for On-Call Geotechnical Engineering and Materials Testing Services in the amount of $300,000; and

5. Authorize City Manager, or designee, to execute agreements.

2 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 Geotechnical Engineering firms. While the City employs Civil Engineers on staff, the City does not have a Geotechnical Engineers on staff or is able to perform materials testing and must hire outside consultants for these services. Having on -call consultants that can provide these services will allow the City to deliver these projects in a timely manner.

DISCUSSION:

On March 13, 2025, a Request for Proposal (RFP) was issued and advertised through the City’s e-Procurement Portal, PlanetBids. A total of four proposals were received on April 14, 2025.

Firm, Location
Achievement Engineering Corp., San Jose, CA
Earth System, Santa Maria, CA
EnGeo, Santa Maria, CA
Krazan and Associates, San Luis Obispo, CA

The proposed Professional Services Agreements would be managed by the Engineering Division, and Geotechnical Engineering and Materials Testing services would also be made available to use 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 work, implementation schedule, and maximum fee arrangement negotiated on a project- by-project basis.

Alternative(s)
City Council may choose not to award the Professional Services Agreements and instead direct staff to issue Requests for Proposals on a project-by-project basis.

Fiscal Considerations
Fees for Geotechnical Engineering and Materials Testing Services will be based on a project-by-project and basis 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.

3 Impact on the Community
Awarding these Professional Services Agreements will allow the City to move forward with infrastructure and facility projects more efficiently by ensuring timely access to specialized geotechnical engineerin g and materials testing expertise. This will help maintain the safety, reliability, and quality of public infrastructure while reducing project delays and costs. Ultimately, the community benefits from improved streets, utilities, and facilities that support a higher quality of life and sustainable growth.

ATTACHMENT(S)

A. Resolution – Achievement Engineering Corp
B. Resolution – Earth System
C. Resolution – EnGeo
D. Resolution – Krazan and Associates
E. Agreement – Achievement Engineering Corp
F. Agreement – Earth System
G. Agreement – EnGeo
H. Agreement – Krazan and Associates

Attachment A

Page 1 of 2 ends

Santa Maria City CouncilSeptember 16, 2025

Santa Maria City Council
September 16, 2025