Agenda packet — Santa Maria City Council, October 21, 2025 (part 3 of 5)

Attachment A
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Maria, California, as follows:

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

SECTION 2. The mayor, or designee, is authorized to enter into the Settlement Agreement for this case by fully executing the Settlement Agreement and all supporting documents necessary to effectuate settlement in the matter of Central Coast Water Authority et al. vs. Santa Barbara County Flood Control District et al. (Case No. 21CV02432). The Mayor's October 6, 2025 signature on the Settlement Agreement is hereby ratified.

SECTION 3. The Chief Deputy City Clerk is directed to place this Resolution and any extension or renewal for reconsideration on the City Council agenda prior to the expiration of this Resolution or any extension or renewal.

SECTION 4. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance with 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 21st day of October 2025.

Mayor
ATTEST:

Chief Deputy City Clerk

Page 2 of 2 ends

APPROVED AS TO FORM:

By:

City Attorney
APPROVED AS TO CONTENT:

By:

Department Director
By:

City Manager

Docusign Envelope ID: 42DB3E12-8C79-45E6-A2B2-BCA6E9A84DE3 Attachment B

SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ("Agreement") is made and entered into by and between Petitioners and Plaintiffs Central Coast Water Authority ("CCWA"), Carpinteria Valley Water District, City of Buellton, City of Guadalupe, City of Santa Barbara, City of Santa Maria, Goleta Water District, Montecito Water District, and Santa Ynez River Water Conservation District, Improvement District No. 1 (collectively "Petitioners"), and Respondents and Defendants Santa Barbara County Flood Control and Water Conservation District (the "District") and the Board of Directors of Santa Barbara County Flood Control and Water Conservation District (collectively "Respondents"). Each party hereto is a "Party" and, together, they are the "Parties." This Agreement is effective as of October 6 , 2025, which is the last date of signature by all Parties hereto (the "Effective Date").

A. This Agreement concerns a legal challenge brought by Petitioners challenging Respondents' rights and obligations under various contracts between the Parties relating to the State Water Project.

B. On or about February 26, 1963, the District entered into a Water Supply Contract with the California Department of Water Resources ("DWR") (the "State Water Supply Contract") with respect to the delivery of 60,000 acre feet per year of water from the State Water Project to Santa Barbara County. In 1965, the District and DWR executed Amendment No. 2 to the State Water Supply Contract whereby this delivery amount was revised to 57,700 acre feet per year of water. Said quantity of water is set forth in "Table A" to the State Water Supply Contract and is referred to as the "Maximum Annual Table A Amount." As permitted by Article 45(e) of the State Water Supply Contract, the District elected to delay construction of the facilities that would be required to permit delivery of the Maximum Annual Table A Amount.

C. In 1981, the District and DWR executed Amendment No. 9 to the State Water Supply Contract whereby the District agreed to reduce its annual deliveries by 12,214 acre feet per year to 45,486 acre feet per year. The balance of the Maximum Annual Table A Amount, which is 12,214 acre feet per year, is referred to herein as the "Suspended Table A" water. Pursuant to the "Stipulation for Settlement and Compromise and Order" dated March 12, 1987 (Judicial Council Coordination Proceeding No. 1879; Santa Barbara Sup. Ct., No. 142195), DWR granted to the District the option to reacquire any amount of the Suspended Table A water which the District relinquished under Amendment No. 9.

D. On various dates between 1985 and 1988, the District entered into a series of agreements, each called a "Water Supply Retention Agreement," with various public water providers and end users of water (each a "Contractor" and collectively, the "Contractors"). Each Water Supply Retention Agreement provided that the District "assign[ed] all rights and obligations under the State Water Contract" with respect to a specified portion of the water supply and conveyance capacity made available by the State Water Supply Contract to the Contractor.

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Docusign Envelope ID: 42DB3E12-8C79-45E6-A2B2-BCA6E9A84DE3 E. On August 1, 1991, eight of the Contractors, each a public agency and public water provider (each, a "Member" and collectively, the "Members") formed CCWA when they each executed a Joint Exercise of Powers Agreement pursuant to Government Code section 6500, et seq. As of the Effective Date, each Member, or its successor -in -interest, remains a member of CCWA and is also a Petitioner.

F. Following its formation, CCWA entered into a series of agreements, each called a "Water Supply Agreement," with 13 of the Contractors, including the Members. Each party to a Water Supply Agreement with CCWA is referred to as a "Participant" and collectively, as the "Participants." Each of the Water Supply Agreements includes a provision that the rights held by each Participant under its Water Supply Retention Agreement with the District were assigned to CCWA, in return for CCWA's delivery of the water made available by those rights to the Participant. The remaining Contractors elected to terminate their participation in the State Water Project and assigned their respective rights under their respective Water Supply Retention Agreements with the District to CCWA. The terminating Contractors have no retained, remaining, or other rights whatsoever under such agreements.

G. On November 12, 1991, CCWA and the District entered into a "Transfer of Financial Responsibility Agreement" under which CCWA agreed, inter alia, to accept responsibility for all financial obligations of the District under the State Water Supply Contract.

H. On June 3, 1993, the District and CCWA entered into an "Assignment Agreement" pursuant to which the District assigned its retained right to 250 acre feet that was not previously transferred or set over pursuant to a Water Supply Retention Agreement to CCWA.

I. In August 1997, CCWA completed construction of the transportation and treatment system by which water under the State Water Supply Contract would be delivered to Santa Barbara County and the first delivery of water pursuant to the State Water Supply Contract was made to CCWA, which in turn delivered the water to the Participants pursuant to the Water Supply Agreements.

J. On April 20, 2021, the District adopted Resolution No. 21-73, which purported to impose certain conditions and limitations on CCWA's alleged rights under the State Water Contract and on the Participants' water supply and water management activities.

K. On June 18, 2021, Petitioners filed a Petition for Writ of Mandamus and Complaint, which, inter alia, challenges Resolution No. 21-73 and Respondents' right and/or authority to impose conditions and limitations on Petitioners' exercise of their rights pursuant to the State Water Supply Contract, in Santa Barbara Superior Court Case No. 21 CV02432 ("Lawsuit"), which is ongoing.

L. Respondents dispute the allegations in the Lawsuit.

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Docusign Envelope ID: 42DB3E12-8C79-45E6-A2B2-BCA6E9A84DE3 M. The Parties now wish to enter into this Agreement with regard to the Lawsuit and with respect to other disputes regarding the State Water Supply Contract to avoid expense, time, effort, and uncertainty of further litigation and to fully and finally compromise and settle and discharge all claims, controversies, demands, actions or causes of action which they may have against each other as raised in the Lawsuit, which could have been raised in the Lawsuit, or which arise from the Lawsuit, and with respect to the State Water Supply Contract, as more specifically set forth herein.

NOW, THEREFORE, in consideration of the mutual promises set forth below and the foregoing recitals, which are incorporated into the operative provisions of this Agreement by this reference, and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Statement of Intent and Purpose. The purpose of this Agreement is to: (1) resolve, compromise, and settle the Parties' disputes, including, but not limited to those contentions alleged or that could have been alleged in the Lawsuit and with respect to the State Water Supply Contract, upon the terms and conditions set forth in this Agreement; and (2) provide for the full and final assignment and transfer of the State Water Supply Contract from the District to CCWA, such that CCWA has all of the rights, title, interests, and obligations under the State Water Supply Contract, and is the party to the State Water Supply Contract in privity with DWR, and such that the District will no longer have any rights, title, interests, or obligations under the State Water Supply Contract, and the District will no longer be the party to the State Water Supply Contract in privity with DWR.

2. Stipulation to Vacate. Within 10 days of the Effective Date, the Parties shall jointly file a stipulation with the Court requesting that all pending deadlines and court dates be vacated and that the Court set a Case Management Conference for the first available date after December 31, 2025. In the event the Assignment Date, as defined in Section 3.3, has not occurred before the date of the next Case Management Conference, the Parties shall jointly request that the Court continue the Case Management Conference to a future date.

3. Assignment of the State Water Supply Contract to CCWA

3.1 Within fourteen days of the District's execution of this Agreement, the District shall consider entering into the "Agreement Regarding Assignment, Assumption, and Release of the State Water Supply Contract for Santa Barbara County" ("Assignment Agreement") attached hereto as Exhibit A. In the event the District approves and executes the Assignment Agreement, the District shall deliver its executed Assignment Agreement to CCWA.

3.2 Upon receipt of the District's executed Assignment Agreement, CCWA shall timely consider entering into the Assignment Agreement. In the event CCWA approves and executes the Assignment Agreement, CCWA shall deliver its executed Assignment Agreement to the District.

3.3 Promptly following CCWA's execution of the Assignment Agreement, the District and CCWA shall jointly deliver the Assignment Agreement to DWR and request that DWR enter into the Assignment Agreement. The District and CCWA shall exercise their best efforts and utmost good faith to secure DWR's execution of the Assignment Agreement at the earliest date

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Docusign Envelope ID: 42DB3E12-8C79-45E6-A2B2-BCA6E9A84DE3 available. The date on which the Assignment Agreement has been executed by the District, CCWA, and DWR is herein referred to as the "Assignment Date." (a) In the event DWR requires any modification(s) to the Assignment Agreement, Petitioners and Respondents shall promptly meet and confer to consider whether said modification(s) is acceptable to the Parties, and if so, the District and CCWA shall each promptly execute the modified Assignment Agreement and the modified Assignment Agreement shall replace Exhibit A.
(b) If DWR declines to approve and execute the Assignment Agreement in a form that is acceptable to the Parties, Petitioners and Respondents shall promptly meet and confer to consider whether this Agreement should be amended, or whether it should be terminated, in which case this Agreement, and all of its terms and provisions, shall become null and void and each of the Parties will take all action necessary to put the other Parties back into the position they would have been had this Agreement never been executed. The Parties acknowledge and agree that DWR's agreement to the Assignment Agreement, as presented in Exhibit A and as may be modified pursuant to Section 3.3, is a material term of this Agreement and a condition subsequent to the effectiveness of this Agreement.

4. Petitioners' Dismissal of Lawsuit. Within fourteen days of the Assignment Date, Petitioners shall file a Request for Dismissal of the Lawsuit with prejudice and provide counsel for Respondents with a copy of the Request for Dismissal and conformed copy of the Entry of Dismissal after it is received from the Court.

5. CCWA's Payment to the District

5.1 Subject to the occurrence of the Assignment Date, CCWA agrees to pay the District $5,800,000.00 in equal installments of $580,000.00 per year over ten years. The year in which the Assignment Date occurs is "year one," the following year is "year two," and so on.

5.2 Within 45 days of the Assignment Date, CCWA will deliver the first annual installment of $580,000.00 to the District. Thereafter, in years two through and including year 10, CCWA shall deliver the annual installment payment to the District no later than July 31. CCWA's installment payments shall be made by wire transfer to the account provided to it by the District.

6. District Option to Purchase Suspended Table A Allocation

6.1 If at any time following the Assignment Date, CCWA (individually or on behalf of any Participant(s)), as the party in privity with DWR to the State Water Supply Contract pursuant to the Assignment Agreement, elects, in its sole and absolute discretion, to purchase any of the Suspended Table A water, the District shall have a one-time option to purchase an allocation of up to 1,700 acre-feet of the Suspended Table A water (the "District Option"). Because the District is not a Participant and not a public water provider, if the District exercises the District Option, as provided in Section 6.2, the District shall identify a Participant that is a public water provider (the "Contracting Participant") that will contract with CCWA to purchase the Suspended Table A water made available by the District Option. In the event the District exercises the District Option, but elects to purchase an allocation less than 1,700 acre-feet of Suspended Table A water, the

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Docusign Envelope ID: 42DB3E12-8C79-45E6-A2B2-BCA6E9A84DE3 District shall not have an additional option to purchase the balance of the allocation and shall permanently surrender such right. The District Option may not be transferred or assigned and CCWA will not recognize any transfer or assignment made in violation of this provision.

6.2 Upon CCWA's election to purchase any Suspended Table A water, CCWA shall promptly give notice of such election to the District. The District shall have 180 days from the date of receipt of CCWA's notice to exercise the District Option, which may be exercised only by delivery of notice to CCWA that includes all of the following: (a) the name of the Contracting Participant, and (b) the quantity of Suspended Table A water, up to 1,700 acre-feet, that the Contracting Participant elects to purchase (the "Option Water"). (a) If the District fails to deliver written notice of its exercise of the District Option to CCWA in accordance with the terms set forth in Section 6.2, the District shall be deemed to have permanently waived the District Option for all time. (b) If the District exercises the District Option in accordance with the terms set forth in Section 6.2, CCWA shall notify DWR of its intention to purchase Suspended Table A water from DWR, including the Option Water, and shall exercise reasonable diligence to effectuate such purchase.

6.3 CCWA and the District acknowledge and agree that the purchase of any Suspended Table A water by CCWA, including the Option Water, will require compliance with the California Environmental Quality Act ("CEQA") and amendment of the State Water Supply Contract to account for the increase in requested deliveries.

6.4 CCWA and the District further acknowledge and agree that the purchase and delivery of the Option Water will require the negotiation and execution of one or more future agreements between CCWA and the Contracting Participant ("Option Agreement(s)") which agreement(s) shall provide, at a minimum, that the Contracting Participant will be responsible for all costs related to the purchase and delivery of the Option Water, including but not limited to: (i) the initial costs associated with the purchase of an allocation of Suspended Table A, as further described in Section 6.4(a); (ii) the annual fixed and variable costs associated with the use of the State Water Project facilities required to deliver the Option Water to the point of delivery; (iii) the annual fixed and variable costs associated with the use of the CCWA facilities required to deliver the Option Water to the point of delivery; (iv) the cost of any modification or upgrade of any affected facilities; and (v) depending on the nature of the delivery capacity requested, may also include reimbursement for the Contracting Participant's pro rata share of the Participants' capital investments in the facilities required to deliver the Option Water to the point of delivery. (a) The Parties reasonably anticipate that the initial costs to purchase an allocation of the Suspended Table A will include, but are not limited to: (i) the purchase price, per acre-foot, of the Suspended Table A allocation, which includes acquisition costs due to both DWR and to CCWA ("Purchase Price"); (ii) CCWA's out-of-pocket costs (including all administrative, consultant, legal, and other transactional costs) associated with the purchase of an allocation of Suspended Table A water; and (iii) any permitting and environmental compliance costs associated with the purchase of an allocation of Suspended Table A water. The District acknowledges and agrees that the Purchase Price cannot be known until such time in the future as the purchase of an

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Docusign Envelope ID: 42DB3E12-8C79-45E6-A2B2-BCA6E9A84DE3 allocation of Suspended Table A water is effectuated and further that the Purchase Price will increase over time.
(b) The District further acknowledges and agrees that nothing in this Agreement, the Assignment Agreement, or any other agreement in existence as of the Effective Date, grants or provides the District with the right to use DWR or CCWA facilities to convey, treat, or deliver the Option Water or any other water. However, should the District exercise the District Option, the Option Agreement(s) will address use of the DWR and CCWA facilities as needed to convey, treat, or deliver the Option Water.

7. Releases

7.1 In consideration for each of the Parties' obligations hereunder, Petitioners, on the one hand, and Respondents, on the other hand (each a "Releasing Party" and together, the "Releasing Parties"), on behalf of themselves and, to the extent they are legally capable of doing so, on behalf of their successors, assigns, agents, employees, officers, directors, managers, and any and all persons or entities which might make any claim on their behalf or in their stead, release the other and each of their successors, assigns, agents, employees, officers, directors, managers, attorneys, and insurers ("Released Parties") from all liabilities, obligations, claims, suits, causes of action, demands, or any other rights or claims, regardless of the nature or cause, known or unknown that were raised in the Lawsuit, could have been raised in the Lawsuit, or arise from the Lawsuit, the Water Supply Retention Agreements, or the Transfer of Financial Responsibility Agreement (collectively, "Claims") to the extent such Claims exist as of the Effective Date (the "Released Matters"). Notwithstanding the foregoing, CCWA shall continue to be liable for all financial obligations under the State Water Supply Contract arising pursuant to the Transfer of Financial Responsibility Agreement and as the successor -in -interest to the Water Supply Retention Agreements.

7.2 provides:

Each Party hereto acknowledges that Section 1542 of the California Civil Code A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

The Parties specifically waive all rights granted to them by Section 1542 of the California Civil Code and the laws of any jurisdiction of similar import. The Parties further acknowledge that the release herein given shall be and remain in effect as a full and complete general release as to the matters released herein, notwithstanding the subsequent discovery or existence of any such additional or different facts. Each Party acknowledges that the waiver of the protections set forth in Civil Code Section 1542 was independently negotiated and agreed to.

8. Non -Disparagement. With regard to the subject matter of this Agreement, each Releasing Party shall limit any communications in any public statements, or statement likely to become

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Docusign Envelope ID: 42DB3E12-8C79-45E6-A2B2-BCA6E9A84DE3 public, such that such communication(s) does not malign, denigrate or disparage the Released Parties.

9. Integration. The Assignment Agreement does not alter the terms and conditions of this Agreement. This Agreement, together with the Assignment Agreement, contains the entire agreement and understanding between the Parties concerning the matters described herein. Each of the Parties hereto acknowledges that no other Party, nor the agents, nor the attorneys for any Party, has made any promise, representation or warranty whatsoever, express or implied, not contained herein, to induce the execution of this Agreement and acknowledges that this Agreement has not been executed in reliance upon any promise, representation or warranty not contained herein.

10. Cooperation; Defense of Agreement and Assignment Agreement; Invalidity Event

10.1 The District and CCWA agree to support and provide for the full and final assignment and transfer of the State Water Supply Contract from the District to CCWA, as contemplated by this Agreement and as provided in the Assignment Agreement, and to not file on behalf of any third party, fund or otherwise support any third party by providing research, fact- finding, or advising any third party in filing any administrative process or court action opposing or challenging the validity of this Agreement or the Assignment Agreement or any provision thereof.

10.2 If any third party challenges any Party's approval and execution of this Agreement or approval and execution of the Assignment Agreement by the District, CCWA, or DWR, CCWA has the right but not the obligation, in its sole and absolute discretion, to defend any such challenge and appeal any adverse administrative or court decision resulting from such challenge. The District agrees to cooperate in CCWA's defense and appeal of any adverse decision. During the pendency of any such challenge and appeal, this Agreement and the Assignment Agreement, once effective, shall remain in full force and effect.

10.3 Upon a fmal, non -appealable determination or order issued by a court of competent jurisdiction that this Agreement and/or the Assignment Agreement or any material term or provision of this Agreement and/or the Assignment Agreement is void or unenforceable (an "Invalidity Event"), the Parties shall meet and confer to determine whether this Agreement and/or the Assignment Agreement may be modified or amended to address the Invalidity Event, consistent with the intentions, purpose, and directives of this Agreement. If the Parties mutually determine that this Agreement and/or the Assignment Agreement cannot be modified or amended consistent with the intentions, purpose, and directives of this Agreement, this Agreement and the Assignment Agreement shall become null and void. Upon such occurrence, the Parties agree that:
(i) the Parties shall take all actions necessary to put the other Parties back into the position they would have been had this Agreement never been executed, including the return, within 120 days, of any and all money that has been paid by Petitioners to Respondents pursuant to this Agreement; (ii) the releases provided in this Agreement shall become null and void, as if they had never been entered; (iii) the Transfer of Financial Responsibility Agreement and the Water Supply Retention Agreements shall automatically be revived and reinstated as if they had never been terminated; and (iv) nothing in this Agreement or the Assignment Agreement shall waive, bar, or limit any Party's claims or defenses with respect to the interpretation or enforcement of the Water Supply

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Docusign Envelope ID: 42DB3E12-8C79-45E6-A2B2-BCA6E9A84DE3 Retention Agreements, the Transfer of Financial Responsibility Agreement, or the agreement described in Recital H. Further, the Parties will cooperate in good faith with each other and with DWR to address the issues giving rise to the Invalidity Event and to adopt new agreements serving the same purpose as this Agreement and the Assignment Agreement.

11. Fees and Costs. Each Party shall bear its own costs, expert and consultant fees and costs, or attorneys' fees and costs (collectively, "Fees and Costs") related to or arising out of (a) the Lawsuit, (b) the preparation, negotiation, approval, and execution of this Agreement and the Assignment Agreement, as applicable, (c) implementation of this Agreement, and (d) any defense of this Agreement.

12. Notices. All notices required by this Agreement shall be given by CCWA to the District, or by the District to CCWA, as applicable, and shall be in writing and shall be served either by email, overnight delivery service providing evidence of receipt (such as Federal Express), or by registered or certified mail, return receipt requested, and shall be deemed delivered upon actual receipt, and shall be addressed as follows, or at such other address as either Party may from time to time specify to the other Party in writing, provided that no notice of a change of address shall be effective until actual receipt of the notice by the receiving Party:

CCWA: DISTRICT:

Ray Stokes, Executive Director
Central Coast Water Authority
255 Industrial Way
Buellton, CA 93427
(805) 688-2292
[email protected]
with a copy to:

Stephanie Osler Hastings
Brownstein Hyatt Farber Schreck, LLP
1020 State Street
Santa Barbara, California 93101
(805) 882-1415
[email protected]

13. General Provisions:

Chris Sneddon, Public Works Director
County of Santa Barbara
123 East Anapamu
Santa Barbara, CA 93101
(805) 568-3000
[email protected]
with copy to:

Amber Holderness
Santa Barbara County Office of County
Counsel
105 E Anapamu Street
Santa Barbara, CA 93101
(805) 681-4200
[email protected]

13.1 Amendment. This Agreement may only be modified or amended by a writing signed by all of the Parties. Each Party waives its right to assert that this Agreement was affected by oral agreement, course of conduct, waiver or estoppel.

13.2 Assignability. This Agreement shall not be assigned. Any attempted assignment shall be void.

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Docusign Envelope ID: 42DB3E12-8C79-45E6-A2B2-BCA6E9A84DE3

13.3 Authorization. Each signatory represents and warrants that he or she has the appropriate authorization to enter into this Agreement on behalf of the Party for whom he or she signs.

13.4 Counterparts; Electronic Signatures; Delivery by Email. The Agreement may be executed in two or more counterparts, each of which shall be deemed an original, and all of which when taken together shall constitute one and the same document. Counterparts may be delivered via electronic mail (including PDF or any electronic signature complying with the federal Electronic Signatures in Global and National Commerce (ESIGN) Act of 2000 (P.L. 106-229), e.g., www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

13.5 Enforcement; Governing Law; Venue. This Agreement and all matters relating to this Agreement shall be governed by the laws of the State of California. Venue for any disputes under this Agreement shall be in Santa Barbara County, California.

13.6 Good Faith. The Parties shall, at all times, exercise their best efforts and utmost good faith to timely satisfy their respective obligations under the terms of this Agreement, including taking all further actions reasonably necessary to effectuate the letter and the spirit of this Agreement.

13.7 Legal Advice. Each Party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions of this Agreement. Each Party acknowledges that this Agreement in its final form is the result of the combined efforts of counsel for the Parties and, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor or against another Party but rather by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement.

13.8 No Admission of Liability. This Agreement is a compromise of disputed claims, and nothing contained in this Agreement shall be construed to be an admission of fault or liability on the part of any Party hereto.

13.9 No Agency. This Agreement shall not create, nor shall it be construed to create any agency, partnership or similar relationship among the Parties.

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Docusign Envelope ID: 42DB3E12-8C79-45E6-A2B2-BCA6E9A84DE3 IN WITNESS WHEREOF, this Agreement has been entered into by and between the Parties on the dates set forth below.

SANTA BARBARA COUNTY FLOOD

CONTROL AND WATER

CONSERVATION DISTRICT
APPROVED AS TO FORM:
1—DocuSigned by: Signed by:
%mss S .L
By. 7�E1 Eo8B84 G...

Clir Es snecdon
County Public Works Director
Date: 10/6/2025 12:52 PM PDT
By:
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Amber o_cferness
Santa Barbara County Office of County
Counsel
CENTRAL COAST WATER AUTHORITY APPROVED AS TO FORM:

DocuSigned by:
r
SfOLS
By: 880 f89CEF72D114...

Ray Stokes, Executive Director
Date: 10/6/2025 18:15 AM PDT
By:

Signed by:

Sft p(A,cuA,u, 1-stu ikasiivl
dFn0vBEr� ar� 03...

Step iame tYs er Hastings
Brownstein Hyatt Farber Schreck, LLP

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Docusign Envelope ID: 42DB3E12-8C79-45E6-A2B2-BCA6E9A84DE3 CARPINTERIA VALLEY WATER APPROVED AS TO FORM:

DISTRICT
Signed by:

B (, St, Ucun, Mt/14w,
Y se.)A anI- ingerden, President
Date: 10/4/2025 I 4:25 PM PDT
ATTEST:

By:
—DocuSigned by:
isa ifva,giioard Secretary
Date: 10/6/2025 111:02 AM PDT
By:
, DocuSigned by:
\—B042903E59104C3...

James E. Ferero
Myers, Widders, Gibson, Jones, Feingold,
LLP
CITY OF BUELLTON APPROVED AS TO FORM:

Signed by:

BY: "-7BA3 A 3624F
David �va, mayor
Date: 10/6/2025 11:24 PM PDT
ATTEST:

Signed by:

Utabtlea
By: %--34Q5ACBFE90j42O.

Linda Reid, i Clerk
10/6/2025 I 9:38 AM PDT
Date:

By:

Signed by:
b/4LA C 25
Gregorybi Murphy, City Attorney

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Docusign Envelope ID: 42DB3E12-8C79-45E6-A2B2-BCA6E9A84DE3 CITY OF GUADALUPE APPROVED AS TO FORM:

By:

Signed by:
ar'isfotn, jv.tituk.
58ZFE88SS 47
Ariston 'Julian, Mayor
Date: 10/6/2025 11:41 PM PDT
By:
,-DocuSigned by:

PLitip F. Siva
'-7$ .29F QF54B5..

Phiiip smco, City Attorney
CITY OF SANTA BARBARA APPROVED AS TO FORM:

By:

Signed by:
"kb
Kelly K.McAdoo
City Administrator Assistant City Attorney
Sarah J. Knecht, City Attorney
-DocuSigned by:

By:

Daniel S. Hentschke
70082.A0 9 2
Dame entschke
Date: 10/6/2025 18:55 AM PDT
CITY OF SANTA MARIA APPROVED AS TO FORM:

By:

Signed by: / Signed by:

L
Mu- Patit&O
9EE2 ACZI4CF_.

A ice atino, Mayor
Date: 10/6/2025 16:17 PM PDT
ATTEST:

By:

Signed by:

VolAAAA G. Scow n?
nuarUR i 14C U...
onna ciiwartz, Chief Deputy City
Clerk
Date: 10/6/2025 112:28 PM PDT
By:

KAM : wafsolit,
2EF79A880 47
omas Watson, City Attorney

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Docusign Envelope ID: 42DB3E12-8C79-45E6-A2B2-BCA6E9A84DE3 GOLETA WATER DISTRICT APPROVED AS TO FORM:

By:

Signed by:
x&391 F-&?F9ADF4JE._. By: 6E98AFL 45i
Lauren Hanson, President Ancrew Tared
Board of Directors
,—DocuSigned by:

Date: 10/6/2025 17:48 AM PDT
ATTEST:
"—Signed by:

By: Vavu), A&4sotA,
\—FEF.9 2 F 587417
David Matson, Board Secretary
Date: 10/6/2025 111:59 AM PDT
a IA4ti jam),
Colantuono, Highsmith & Watley, P.C.

MONTECITO WATER DISTRICT APPROVED AS TO FORM:

Signed by: ,-Signed by:
1(440.41 e.044/4
By: D12G1C1 6864E7 By:

Kenneth Coates, President
Board of Directors
Date: 10/5/2025 11:36 PM PDT
ATTEST:

By:
.-DocuSigned by:
(dat a.s turtALr
1G9 Turner,
8477
Nicholas 'urner, Secretary
Date: 10/6/2025 15:44 AM PDT
(Pa.(kr f. UktA,d c,(SititA,
D79DEF5DCF4OE...

Walter E. Wendelstein, District Counsel
Wendelstein Law Group PC

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Settlement Agreement And Release
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Docusign Envelope ID: 42DB3E12-8C79-45E6-A2B2-BCA6E9A84DE3

SANTA YNEZ RIVER WATER

CONSERVATION DISTRICT,
IMPROVEMENT DISTRICT NO. 1
atft r f. Goorcia
By:

APPROVED AS TO FORM:

Signed by: Signed by:
r
OOOGOOACOC 441 ..

Paeter E. Garcia, General Manager
Date: 10/6/2025 19:34 AM PDT
By:

FELisaigt&'Esposito
AGfOC'1G30A0400_..

Eisabeth L. Esposito
Brownstein Hyatt Farber Schreck, LLP

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EXHIBIT A

Docusign Envelope ID: 42DB3E12-8C79-45E6-A2B2-BCA6E9A84DE3

AGREEMENT REGARDING

ASSIGNMENT, ASSUMPTION, AND RELEASE

OF THE STATE WATER SUPPLY CONTRACT FOR SANTA BARBARA COUNTY This AGREEMENT REGARDING ASSIGNMENT, ASSUMPTION, AND RELEASE OF THE STATE WATER SUPPLY CONTRACT FOR SANTA BARBARA COUNTY (the "Agreement") is made by and between the Santa Barbara County Flood Control and Water Conservation District (the "District"), the Central Coast Water Authority ("CCWA"), and the California Department of Water Resources ("DWR") (each, a "Party" and collectively, the "Parties"), with reference to the following facts and intentions. This Agreement is effective as of , 2025, which is the last date of signature by all Parties hereto (the "Effective Date").

RECITALS
A. On or about February 23, 1963, the District entered into a Water Supply Contract with DWR (the "State Water Supply Contract") with respect to the delivery of 60,000 acre feet per year of water from the State Water Project to Santa Barbara County. In 1965, the District and DWR executed Amendment No. 2 to the State Water Supply Contract whereby this delivery amount was revised to 57,700 acre feet per year of water. Said quantity of water is set forth in "Table A" to the State Water Supply Contract and is referred to as the "Maximum Annual Table A Amount." As permitted by Article 45(e) of the State Water Supply Contract, the District elected to delay construction of the facilities that would be required to permit delivery of the Maximum Annual Table A Amount.

B. In 1981, the District and DWR executed Amendment No. 9 to the State Water Supply Contract whereby the District agreed to reduce its annual deliveries by 12,214 acre feet per year to 45,486 acre feet per year. The balance of the Maximum Annual Table A Amount, which is 12,214 acre feet per year, is referred to herein as the "Suspended Table A" water. Pursuant to the "Stipulation for Settlement and Compromise and Order" dated March 12, 1987 (Judicial Council Coordination Proceeding No. 1879; Santa Barbara Sup. Ct., No. 142195), DWR granted to the District the option to reacquire any amount of the Suspended Table A water which the District relinquished under Amendment No. 9.

C. On various dates between 1985 and 1988, the District entered into a series of agreements, each called a "Water Supply Retention Agreement," with various public water providers and end users of water (each a "Contractor" and collectively, the "Contractors"). Each Water Supply Retention Agreement provided that the District "assign[ed] all rights and obligations under the State Water Contract" with respect to a specified portion of the water supply and conveyance capacity made available by the State Water Supply Contract to the Contractor.

D. By letter dated April 2, 1991, certain Contractors, in coordination with the District, formally requested that DWR approve the assignment of rights embodied in the Water Supply Retention Agreements. By letter dated August 13, 1991, DWR expressly approved the Water Supply Retention Agreements insofar as those agreements pertained to the District transferring or

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Docusign Envelope ID: 42DB3E12-8C79-45E6-A2B2-BCA6E9A84DE3 setting over its rights pursuant to the State Water Supply Contract to the Contractors, but DWR declined to release the District from its obligations to DWR pursuant to the State Water Supply Contract.

E. On August 1, 1991, eight of the Contractors, each a public agency and public water provider (each, a "Member" and collectively, the "Members") formed CCWA when they each executed a Joint Exercise of Powers Agreement pursuant to Government Code section 6500, et seq. As of the Effective Date, each Member, or its successor -in -interest, remains a member of CCWA.

F. Following its formation, CCWA entered into a series of agreements, each called a "Water Supply Agreement," with 13 of the Contractors, including the Members. Each party to a Water Supply Agreement with CCWA is referred to as a "Participant" and collectively, as the "Participants." Each of the Water Supply Agreements includes a provision that the rights held by each Participant under its Water Supply Retention Agreement with the District were assigned to CCWA, in return for CCWA's delivery of the water made available by those rights to the Participant. The remaining Contractors elected to terminate their participation in the State Water Project and assigned their respective rights under their Water Supply Retention Agreement with the District to CCWA. The terminating Contractors have no retained, remaining, or other rights whatsoever under such agreements.

H. On June 3, 1993, the District and CCWA entered into an "Assignment Agreement" pursuant to which the District assigned all of its retained right to 250 -acre feet that was not previously transferred or set over pursuant to a Water Supply Retention Agreement to CCWA.

J. On December 12, 2017, the Members amended the 1991 Joint Exercise of Powers Agreement creating CCWA to include the power to "contract with DWR for delivery of water from the State Water Project, along with all necessary and incidental powers as may be required by [CCWA] to carry out [CCWA's] rights and obligations under the State Water Supply Contract, including, but not limited to, the right to levy a tax or assessment on all properties within the jurisdiction of [CCWA] not exempt from taxation, as mandated by the California Water Code and the State Water Supply Contract."

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Docusign Envelope ID: 42DB3E12-8C79-45E6-A2B2-BCA6E9A84DE3 K. In reliance on DWR's consent and release, as set forth below, the Parties enter into this Agreement to assign the District's rights, title, and interest in the State Water Supply Contract, and to effectuate an assumption and release of the District's obligations under the State Water Supply Contract. It is the intention of the Parties that the result of this Agreement shall be that the District shall no longer have any rights or obligations under the State Water Contract and that CCWA shall replace the District as a party to the State Water Contract as if CCWA were the original counterparty with DWR.

1. Assignment. The District hereby assigns, transfers, and sets over to CCWA, without recourse and without representation or warranty of any kind, all of the District's rights, title, and interest in, to, and under the State Water Supply Contract (including, but not limited to, the right to delivery of the Table A water, inclusive of the right to reacquire the Suspended Table A water, and the reimbursement provided for in Amendment No. 9 (Article 45(j)) of the State Water Supply Contract), along with all liabilities and obligations of the District arising from or under the State Water Supply Contract. This assignment is absolute and presently effective.

2. Assumption. CCWA accepts such assignment without recourse and without representation or warranty of any kind, and assumes all of the District's liabilities and obligations arising from or under the State Water Supply Contract, including any and all obligations to make payments, indemnifications or reimbursements thereunder, and agrees to be bound by and to keep, perform and observe the terms, covenants and conditions placed on the District under the State Water Supply Contract. CCWA agrees to be bound by the State Water Supply Contract to the same extent as if it had been an original party to said instrument and accepts and agrees to perform all of the District's obligations therein.

3. CCWA Indemnification and Release.
a. CCWA Indemnifies District. CCWA releases, forever acquits, discharges and indemnifies the District from and against any and all liabilities (at law or in equity), obligations, liens, claims, orders, rulings, losses, damages, assessments, fines, penalties, injuries, demands, actions, judgments, suits, costs, expenses, or disbursements of any kind (including reasonable attorneys' fees and costs) which may at any time on or after the Effective Date be imposed on, incurred by, or asserted against the District by any third party, based on, resulting from, in any way relating to, in connection with, or arising out of the State Water Supply Contract, except to the extent caused by the District's gross negligence or willful misconduct. In the event the District's right to indemnification under this Section is triggered by an administrative proceeding or legal action by a third party seeking to invalidate or otherwise limit the effectiveness of this Agreement, CCWA shall be entitled to appoint the counsel of its choice to represent the District at CCWA's expense and, to the extent CCWA appears in such action, the District consents to such counsel jointly representing the District and CCWA and will agree in writing to waive any

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Docusign Envelope ID: 42DB3E12-8C79-45E6-A2B2-BCA6E9A84DE3 potential legal conflict that might arise as a result of such joint representation, unless impermissible pursuant to the California Rules of Professional Responsibility or as a matter of law, in which case the District shall be entitled to appoint the counsel of its choice to represent the District at the District's expense.
b. CCWA Indemnifies DWR. CCWA agrees to defend and hold DWR, its officers, employees, and agents harmless from any direct or indirect loss, liability, lawsuits, cause of action, judgment or claim, and shall indemnify DWR, its officers, employees, and agents from all lawsuits, costs, damages, judgments, attorney's fees, and liabilities that DWR, its officers, employees and agents incur as a result of this Agreement, except to the extent resulting from the sole negligence or willful misconduct of DWR, its officers, employees and agents.

4. DWR Consent and Release. DWR consents to and approves the assignment, transfer, and assumption of the State Water Supply Contract to and by CCWA, as described in this Agreement, and releases the District from all liabilities and obligations arising from or under the State Water Supply Contract. DWR shall hold CCWA, as the contracting party pursuant to this Agreement, responsible for all liabilities and obligations arising from or under the State Water Supply Contract to the same extent as if CCWA had been an original party to said instrument.

Upon the Effective Date, all references in the State Water Supply Contract to the "Santa Barbara County Flood Control and Water Conservation District," or "District," or "Agency" shall be deemed to refer to CCWA.

5. Termination of Other Agreements
a. Transfer of Financial Responsibility Agreement. Upon the Effective Date, the Transfer of Financial Responsibility Agreement shall automatically terminate and this Agreement shall supersede all provisions of the Transfer of Financial Responsibility Agreement. b. Water Supply Retention Agreements. Upon the Effective Date, the Water Supply Retention Agreements shall automatically terminate and this Agreement shall supersede all provisions of the Water Supply Retention Agreements. c. Contingent Revival of Prior Agreements. (i) If a court of competent jurisdiction determines in a final non -appealable order that this Agreement or the assignment contemplated herein is void, unenforceable, or otherwise fails to take legal effect, or (ii) if DWR determines in its sole discretion that a final non -appealable order from a court of competent jurisdiction issued in connection with litigation arising from this Agreement or the assignment is likely to result in a downgrade of the ratings issued by Moody's Investor Services or S&P Global Ratings for bonds issued under DWR's 1986 General Bond Resolution, as amended or (iii) if within [time period] of the Effective Date of this Agreement Moody's Investor Services or S&P Global Ratings provides a rating (including, if applicable an indicative rating) for bonds issued under DWR's 1986 General Bond Resolution, as amended, that is lower than the last rating issued for such bonds prior to the assignment contemplated herein, which includes a statement or finding that the reduction in rating is, in whole or in substantive part (as determined by DWR), a result of such assignment, then, prior to the revival and reinstatement described in this Section 5.c. below

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Docusign Envelope ID: 42DB3E12-8C79-45E6-A2B2-BCA6E9A84DE3 ("Revival"), the Parties shall have sixty (60) days from the date of such court order, DWR determination following such court order, or such indicative rating to assess, attempt to cure, or otherwise address the matter consistent with the intentions, purpose, and directives of this Agreement. During such sixty (60) day period, the Parties shall confer in good faith and use reasonable best efforts to identify and implement measures to avoid Revival, provided that each Party shall retain sole discretion as to whether any such measures are acceptable. If, following the expiration of such sixty (60) day period or any additional period as may be agreed to by the Parties in writing pursuant to Section 9.a of this Agreement, the matter has not been resolved to the satisfaction of the Parties in their sole discretion, then the Transfer of Financial Responsibility Agreement and the Water Supply Retention Agreements shall automatically be revived and reinstated as if they had never been terminated, effective as of the date of the determination described in clause (i) or (ii) or the indicative rating described in clause (iii) hereof. The sixty (60) day cure period established in this Section may be extended upon the written Agreement of the Parties in accordance with Section 9.a of this Agreement.

6. Representations and Warranties. CCWA represents and warrants that it has the power, authority, ability and intent to fulfill each and every one of its obligations under the State Water Supply Contract upon and after the assignment contemplated by this Agreement including, but not limited to, obligations imposed by Article 15 of the State Water Supply Contract.

7. Further Agreements. As soon as reasonably practical following execution of this Agreement by the Parties, District and CCWA agree to execute an amendment to the State Water Supply Contract in form and substance acceptable to the DWR memorializing the assignment of the State Water Supply Contract to CCWA accomplished by this Agreement. In connection therewith, CCWA agrees to provide the map contemplated by Article 15(c) of the State Water Supply Contract delineating CCWA's boundaries as of the date of this Agreement. Said map shall be included as an exhibit to the amendment.

8. Compliance with the Environmental Quality Act. Each Party shall be responsible for complying with the California Environmental Quality Act ("CEQA"), if applicable, in connection with such Party's approval of this Agreement.

9. General Provisions
a. Amendment. This Agreement may only be modified or amended by a writing signed by all of the Parties. Each Party waives its right to assert that this Agreement was affected by oral agreement, course of conduct, waiver or estoppel. b. Authorization. Each signatory represents and warrants that he or she has the appropriate authorization to enter into this Agreement on behalf of the Party for whom he or she signs.
c. Construction and Interpretation. The Parties agree and acknowledge that the terms of this Agreement have been negotiated by the Parties and the language used in this Agreement shall be deemed to be the language chosen by the Parties to express their mutual intent.

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Docusign Envelope ID: 42DB3E12-8C79-45E6-A2B2-BCA6E9A84DE3 This Agreement shall be construed without regard to any presumption or rule requiring construction against the party causing such instrument to be drafted, or in favor of the party receiving a particular benefit under this Agreement.
d. Counterparts; Electronic Signatures; Delivery by Email. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which when taken together shall constitute one and the same document. Counterparts may be delivered via electronic mail (including PDF or any electronic signature complying with the federal Electronic Signatures in Global and National Commerce (ESIGN) Act of 2000 (P.L. 106-229), e.g., www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. e. Entire Agreement. Other than the Settlement Agreement and Release entered between CCWA and the District on , 2025, this Agreement is the entire understanding of the Parties in respect of the subject matter hereof. There are no other promises, representations, agreements or warranties by any of the Parties. f. Governing Law and Jurisdiction. This Agreement and all matters relating to this Agreement shall be governed by the laws of the State of California. Venue for any disputes under this Agreement shall be in Santa Barbara County, California. g. Notices. All communications or notices in connection with this Agreement shall be in writing and either hand -delivered or sent by U.S. first class mail, postage prepaid, or electronic mail followed by written notice sent by U.S. mail and addressed to the Parties as follows, or at such other address as any Party may from time to time specify to the other Party in writing, provided that no notice of a change of address shall be effective until actual receipt of the notice by the receiving Party:

Santa Barbara County Flood Control and Water Conservation District Matthew Young, Water Agency Manager
130 East Victoria Street, Suite 200
Santa Barbara, CA 93101-2019
Tel: (805) 568-3440
[email protected]
Central Coast Water Authority
Ray Stokes, Executive Director
255 Industrial Way
Buellton, CA 93427-9565
Tel: (805) 697-5214
[email protected]

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Docusign Envelope ID: 42DB3E12-8C79-45E6-A2B2-BCA6E9A84DE3 California Department of Water Resources
John Yarbrough, State Water Project Deputy Director
715 P Street
Sacramento, CA 95814
Tel: (916) 653-5791
[email protected]
h. Waiver. Any waiver or failure to declare a breach as a result of the violation of any term or condition of this Agreement shall not constitute a waiver of that term or condition and shall not provide the basis for a claim of estoppel or waiver by any Party to that term or condition.

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the Effective Date.
—signatures following on next page —

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Docusign Envelope ID: 42DB3E12-8C79-45E6-A2B2-BCA6E9A84DE3 SANTA BARBARA COUNTY FLOOD APPROVED AS TO FORM:

CONTROL AND WATER

CONSERVATION DISTRICT
By: By:

Chris Sneddon Amber Holderness
County Public Works Director Santa Barbara County Office of County Counsel
Date:

CENTRAL COAST WATER AUTHORITY APPROVED AS TO FORM:

By: By:

Ray Stokes, Executive Director Stephanie Osler Hastings Brownstein Hyatt Farber Schreck, LLP
Date:

CALIFORNIA DEPARTMENT OF WATER APPROVED AS TO FORM:

RESOURCES
By: By:

Karla Nemeth, Director Aim K. B. Carroll, General Counsel Department of Water Resources
Date:

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COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Brett Fulgoni, Director of Public Works
DATE: October 21, 2025
SUBJECT: Adoption of Resolutions to Award Five Professional Services Agreement for On -Call Landscape Architecture and Site Design Services
Description:

The City Council will consider approving the award of On -Call Landscape Architecture and Site Design Services Agreements to 1) Firma Consultants Inc., 2) Gates + Associates, 3) Hirsch and Associates Inc., 4) KTUA, and 5) Melton Design Group, Inc.

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.

RECOMMENDATIONS:

1. Adopt a Resolution awarding a Professional Services Agreement to Firma Consultants Inc. for On -Call Landscape Architecture and Site Design Services in the amount of $300,000; and

2. Adopt a Resolution awarding a Professional Services Agreement to Gates + Associates for On -Call Landscape Architecture and Site Design Services in the amount of $300,000; and

3. Adopt a Resolution awarding a Professional Services Agreement to Hirsch and Associates Inc. for On -Call Landscape Architecture and Site Design Services in the amount of $300,000; and

4. Adopt a Resolution awarding a Professional Services Agreement to KTUA for On -Call Landscape Architecture and Site Design Services in the amount of $300,000; and

5. Adopt a Resolution awarding a Professional Services Agreement to Melton Design Group, Inc. for On -Call Landscape Architecture and Site Design Services in the amount of $300,000; and

6. Authorize the City Manager, or designee, to execute all agreements.

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 Landscape Architecture firms. While the City employs Civil Engineers on staff, the City does not have licensed Landscape Architects on staff 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 five proposals were received on April 10, 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 four ranked firms chosen are as follows:

Firm and Location

1. Firma Consultants Inc., San Luis Obispo, CA

2. Gates + Associates, Walnut Creek, CA

3. Hirsch and Associates Inc., Anaheim, CA

4. KTUA, San Diego, CA

5. Melton Design Group, Inc., Chico,CA
The proposed Professional Service Agreements would be managed by the Engineering Division, and On -Call Landscape Architecture and Site Design services would also be made available to other Departments for funded projects.

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

Alternative(s)
The City Council may decide not to award these Landscape Architecture and Site Design Professional Services Agreements and direct staff to issue RFP's for each project individually. However, this alternative is not recommended as there is a significant backlog of funded projects for which outside Landscape Architecture and Site Design 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.
2 Fiscal Considerations
Fees for On -Call Landscape Architecture and Site Design Services will be based on a project -by -project basis and directly charged to individual project budgets. Each project is separately approved and budgeted by City Council. The City is under no obligation to expend any funds under these Professional Services Agreements.

Impact on the Community
Approval of these On -Call Landscape Architecture and Site Design Services Agreements will allow the City to efficiently design and deliver community projects that enhance public spaces, parks, and streetscapes. This will help improve the overall aesthetic, functionality, and livability of Santa Maria's built environment.

ATTACHMENTS;
A. Resolution - Firma Consultants Inc.

B. Resolution - Gates + Associates
C. Resolution - Hirsch and Associates Inc.

D. Resolution - KTUA
E. Resolution - Melton Design Group, Inc.

F. Agreement - Firma Consultants Inc.

G. Agreement - Gates + Associates
H. Agreement - Hirsch and Associates Inc.

I. Agreement - KTUA
J. Agreement - Melton Design Group, Inc.
3 Attachment A
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO FIRMA CONSULTANTS INC. FOR ON -CALL LANDSCAPE

ARCHITECTURE AND SITE DESIGN SERVICES
IN THE AMOUNT OF $300,000
WHEREAS, the need exists for the City to obtain prompt, professional Landscape Architecture and Site Design Services to support municipal improvement projects; and WHEREAS, on March 13, 2025, the City issued a Request for Proposal (RFP) for On -Call Landscape Architecture and Site Design Professional Services for projects within the City. The RFP was issued and advertised through the City's e -Procurement Portal, PlanetBids; and
WHEREAS, on April 10, 2025, the City received five 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 Firma Consultants Inc., satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed On -Call Landscape Architecture and Site Design Professional Services; and,
WHEREAS, the firm will provide services on an on -call, as -needed, project -specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and,
WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
///

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

SECTION 1. A Professional Services Agreement for On -Call Landscape Architecture and Site Design is awarded to Firma Consultants Inc., for a term ending June 30, 2026, in an amount not to exceed $300,000; and SECTION 2. The City Manager, or designee, is authorized to execute the Professional Services Agreement upon receipt of the information required by the RFP; and
SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 21st day of October 2025.

Mayor
ATTEST:

Chief Deputy City Clerk
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
City Manager

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Attachment B
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING A PROFESSIONAL SERVICES AGREEMENT TO
GATES + ASSOCIATES FOR ON -CALL LANDSCAPE ARCHITECTURE
AND SITE DESIGN SERVICES IN THE AMOUNT OF $300,000
WHEREAS, the need exists for the City to obtain prompt, professional Landscape Architecture and Site Design Services to support municipal improvement projects; and WHEREAS, on March 13, 2025, the City issued a Request for Proposal (RFP) for on -call Landscape Architecture and Site Design Professional Services for projects within the City. The RFP was issued and advertised through the City's e -Procurement Portal, PlanetBids; and
WHEREAS, on April 10, 2025, the City received five 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 Gates + Associates, satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on -call Landscape Architecture and Site Design Professional Services; and,
WHEREAS, the firm will provide services on an on -call, as -needed, project -specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and,
WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
///

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

SECTION 1. A Professional Services Agreement for on -call Landscape Architecture and Site Design is awarded to Gates + Associates, for a term ending June 30, 2026, in an amount not to exceed $300,000; and
SECTION 2. The City Manager, or designee, is authorized to execute the Professional Services Agreement upon receipt of the information required by the RFP; and
SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 21st day of October 2025.

Mayor
ATTEST:

Chief Deputy City Clerk
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
City Manager

Page 2 of 2 ends

Attachment C
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO HIRSCH AND ASSOCIATES INC. FOR ON -CALL LANDSCAPE

ARCHITECTURE AND SITE DESIGN SERVICES
IN THE AMOUNT OF $300,000
WHEREAS, the need exists for the City to obtain prompt, professional Landscape Architecture and Site Design Services to support municipal improvement projects; and WHEREAS, on March 13, 2025, the City issued a Request for Proposal (RFP) for on -call Landscape Architecture and Site Design Professional Services for projects within the City. The RFP was issued and advertised through the City's e -Procurement Portal, PlanetBids; and
WHEREAS, on April 10, 2025, the City received five 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 Hirsch and Associates Inc., satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on -call Landscape Architecture and Site Design Professional Services; and,
WHEREAS, the firm will provide services on an on -call, as -needed, project -specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and,
WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
///

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

SECTION 1. A Professional Services Agreement for on -call Landscape Architecture and Site Design is awarded to Hirsch and Associates Inc., for a term ending June 30, 2026, in an amount not to exceed $300,000; and SECTION 2. The City Manager, or designee, is authorized to execute the Professional Services Agreement upon receipt of the information required by the RFP; and
SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 21st day of October 2025.

Mayor
ATTEST:

Chief Deputy City Clerk
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
City Manager

Page 2 of 2 ends

Attachment D
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING A PROFESSIONAL SERVICES AGREEMENT

TO KTUA FOR ON -CALL LANDSCAPE ARCHITECTURE AND
SITE DESIGN SERVICES IN THE AMOUNT OF $300,000
WHEREAS, the need exists for the City to obtain prompt, professional Landscape Architecture and Site Design Services to support municipal improvement projects; and WHEREAS, on March 13, 2025, the City issued a Request for Proposal (RFP) for on -call Landscape Architecture and Site Design Professional Services for projects within the City. The RFP was issued and advertised through the City's e -Procurement Portal, PlanetBids; and
WHEREAS, on April 10, 2025, the City received five 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 KTUA, satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on -call Landscape Architecture and Site Design Professional Services; and, WHEREAS, the firm will provide services on an on -call, as -needed, project -specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and,
WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

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

Page 1 of 2 ends

Attachment D
SECTION 1. A Professional Services Agreement for on -call Landscape Architecture and Site Design is awarded to KTUA, for a term ending June 30, 2026, in an amount not to exceed $300,000; and
SECTION 2. The City Manager, or designee, is authorized to execute the Professional Services Agreement upon receipt of the information required by the RFP; and
SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 21st day of October 2025.

Mayor
ATTEST:

Chief Deputy City Clerk
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
City Manager

Page 2 ends

Attachment E
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO MELTON DESIGN GROUP, INC. FOR ON -CALL LANDSCAPE

ARCHITECTURE AND SITE DESIGN SERVICES
IN THE AMOUNT OF $300,000
WHEREAS, the need exists for the City to obtain prompt, professional Landscape Architecture and Site Design Services to support municipal improvement projects; and WHEREAS, on March 13, 2025, the City issued a Request for Proposal (RFP) for on -call Landscape Architecture and Site Design Professional Services for projects within the City. The RFP was issued and advertised through the City's e -Procurement Portal, PlanetBids; and
WHEREAS, on April 10, 2025, the City received five 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 Melton Design Group, Inc., satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on -call Landscape Architecture and Site Design Professional Services; and,
WHEREAS, the firm will provide services on an on -call, as -needed, project -specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and,
WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

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

Page 1 of 2 ends

Attachment E
SECTION 1. A Professional Services Agreement for on -call Landscape Architecture and Site Design is awarded to Melton Design Group, Inc., for a term ending June 30, 2026, in an amount not to exceed $300,000; and SECTION 2. The City Manager, or designee, is authorized to execute the Professional Services Agreement upon receipt of the information required by the RFP; and
SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 21st day of October 2025.

Mayor
ATTEST:

Chief Deputy City Clerk
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
City Manager

Page 2 of 2 ends

Attachment F

AGREEMENT FOR PROFESSIONAL SERVICES
On -Call Landscape Architecture and Site Design Services This Agreement is made on October 21, 2025, by and between Firma Consultants 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 Landscape Architecture and Site Design 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." 1 Atty. Rev. 2021

Attachment F

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.

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

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

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

No employer/employee relationship exists between Contractor and the City.

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

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

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

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

CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTOR. CONTACTOR shall 2 Atty. Rev. 2021

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

4. Miscellaneous

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

To City:

David Beas, P.E.

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

Firma Consultants Inc.

Attn: Lindsay Corica
PO BOX 4404
San Luis Obispo, CA 93403
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

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

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

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

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

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

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

4.08. Severability. The provisions of this agreement are severable. If any part 3 Atty. Rev. 2021

Attachment F
of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

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

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

FIRMA CONSULTANTS INC., a CITY OF SANTA MARIA, a Municipal California Corporation Corporation
By: Lindsay Corica Brett Fulgoni
Principal Landscape Architect Public Works Director
ATTEST:

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

City Attorney
Risk Manager
4 Atty. Rev. 2021

Attachment F
EXHIBIT "A"

SCOPE OF WORK

TYPICAL SERVICES REQUIRED
Below are the anticipated required services and abilities required to successfully perform landscape architecture and design services on City projects, but are not limited to:
• Developing preliminary plans and working drawings
• Preparing cost estimates and work schedules
• Preparation of specifications and construction support • The landscape architectural consultant must have specific design expertise with landscape designed for USGBC, LEED building projects, and shall have a LEED accredited professional as a part of the project staff. • The landscape architecture firm will also facilitate discipline coordination, coordination between the City and any regulatory agencies ad required. • Site feasibility and yield studies
• High performance site planning
• Land development approvals
• Park and playground design
• Landscape planting and irrigation design
• Landscape restoration design
• Rooftop garden design
• Site lighting design
• Water feature design
• Community outreach
• 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
The City recognizes that there will be need for Civil Engineering and Surveying Services. We encourage consultant's to list and include subconsultants who are able to provide the following surveying services:
• Design surveys
• Topographic surveys
• Grading plans
• ADA Curb Ramp design
• Complete streets, streetscape design, and traffic calming • Stormwater Management and Drainage Design
Atty. Rev. 2021

Attachment F
• BMP Systems Design
• Erosion and Sedimentation Control Plans
• Hydraulic/Hydrologic Studies
• Construction Administration (CA) Services
• Construction staking
• Quality assurance of contractor staking
• Monument control
• Record and title research
• Plat and legal description for property acquisitions
• ROW certifications (Caltrans)
• Map Checking
• Corner Record
• Property and Easement Descriptions

REQUIREMENTS

1. Experience: The Consultant must have experience providing landscape architecture and design services to municipalities of similar size or sufficient experience in landscape architecture and design services. Specifically, experience should include, but not be limited to: Parks, streets, street medians and shoulders, storm drain and bridge construction, etc.

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.

Atty. Rev. 2021

Attachment F
EXHIBIT "B"

PAYMENT
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 of the RFP.

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

II. Invoice procedure.

A. Payment shall be monthly based on billable charges for each Project.

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.

I I I . 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".

Atty. Rev. 2021

Attachment F
PROPOSED HOURLY RATES;
Firma Consultans, Inc. (Prime Consultant)
Principal Landscape Architect $135
Assistant Landscape Architect $115
Assitent Environmental Planner $115
Firma Draftsperson / Computer Technician $90
Firrna Clerical Staff $95
Reiss Design Studio, Architect Subconsultant l P025 Hour'y Rates Principal Architect - $200
Project Architect - $170
Architectural Designer $150
Architectural Drafter - $140
Ashley 84 Vance, Engineering Subcans.ultants 12025 Hourly Rates Principal $265
Senior Engineer $225
Project Engineer $185
Design Engineer $155
Reimbursable Expenses: delivery expenses, mileage, repraductioin expenses including base sheets, prints, scans, reductions, and postage will be billed at cost, Reimbursement expenses for in-house plots are as follows:
11x17 color $3-00
$.5 x 11 color $2.00
Date: April I0, 2025
Preparedby: Firma Consultants, [At
L ind5ely Corice
Prepared far: City of'Sanla Marta
Atty. Rev. 2021

Page 1 ends

Attachment F
EXHIBIT "C"

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

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

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

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

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

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

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit Atty. Rev. 2021

Attachment F
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:

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

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

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to 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.

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 Atty. Rev. 2021

Attachment F
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 experience, insurer, coverage, or other special circumstances.

Atty. Rev. 2021

Attachment F
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 Depai tiuent 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 Atty. Rev. 2021

Attachment F
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 11/2 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 Atty. Rev. 2021

Attachment F
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.

Atty. Rev. 2021

Attachment G

AGREEMENT FOR PROFESSIONAL SERVICES
On -Call Landscape Architecture and Site Design Services This Agreement is made on October 21, 2025, by and between Gates + Associates, 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:

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." 1 Atty. Rev. 2021

Attachment G

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 2 Atty. Rev. 2021

Attachment G
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:

Gates + Associates
Attn: Casey Case
1655 N. Main Street, Suite 365
Walnut Creek, CA 94596
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 3 Atty. Rev. 2021

Attachment G
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.

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

GATES + ASSOCIATES, a California CITY OF SANTA MARIA, a Municipal Corporation Corporation
By: Casey Case Brett Fulgoni
President Public Works Director
ATTEST:

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

City Attorney
Risk Manager
4 Atty. Rev. 2021

Attachment G
EXHIBIT "A"

SCOPE OF WORK

Attachment G
• BMP Systems Design
• Erosion and Sedimentation Control Plans
• Hydraulic/Hydrologic Studies
• Construction Administration (CA) Services
• Construction staking
• Quality assurance of contractor staking
• Monument control
• Record and title research
• Plat and legal description for property acquisitions
• ROW certifications (Caltrans)
• Map Checking
• Corner Record
• Property and Easement Descriptions

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.

Atty. Rev. 2021

Attachment G
EXHIBIT "B"

PAYMENT
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 two-year term of the Agreement shall be $300,000.

II. Invoice procedure.

A. Payment shall be monthly based on billable charges for each Project.

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.

Atty. Rev. 2021

Attachment G

RATE SCHEDULE
EFFECTIVE THROUGH DECEMBER 2025
I. HOURLY FEES
HOURLY FEES FOR SERVICES OF:

Partner
Principal
Associate Principal
Senior Associate
Job Captain
Planner
Sr.. Irrigation Designer
Community Outreach Facilitator
Production
Marketing Coordinator
Administrative/Drafter
II. EXPENSES (REIMBURSABLES)
RATE PER HOUR:
$235.00 - $250.00
$220.00 - $235.00
$205.00 - $220.00
$185.00 -$205.00
$105.00 -$185.00
$165.00 -$185.00
$200.00 - $210.00
$185.00 -$205.00
$155.00 -$175.00
$135.00 -$195.00
$135.00 -$155.00
k Consultants at approximately the same rates indicated above or on consultant fee schedules.

B. Other direct expenses at cost which may include:

1. Printing and reproduction assts_

2. Mileage and travel costs.

3. Miscellaneous
Hourly rates may be adjusted annually and shall apply for any services rendered after that date.

These adjustments are not limited to the rate per hour ranges listed above, and will not affect the total amount of compensation for services_

MP GATES

WE STUDIO
Atty. Rev. 2021

Attachment G

RATE SCHEDULE
EFFECTIVE THR.OUGH DECEMBER. 2_02'5
I. HOURLY FEES
HOURLY FEES FOR SERVICES OF:

Partner
Principal
Associate Principal
Senior Associate
Jab Captain
Planner
Sr. Irrigation Designer
Community Outreach Facilitator
Marketing Coordinator
Administrative/Drafter
H. EXPENSES (REINIBURSABLES)
RATE PER HOUR:
$240.00 - $255.00
$225.00 - $24100
$210.00 - $225.00
$190.00 - $210.00
$170.00 - $111_(10
$170.00 - $190.00
$205.00 - $215.00
$190.00 - $210.00
$140.00 - $200..00
$140.00 - $164100
k Consultants at approximately the same rates indicated above or on consultant fee schedules_ B. Other direct expenses atcostwhich may, include:
i, Printing and reproduction casts.

2. Mileage and travel costs.

3. Miscellaneous
Hourly rates may be adjusted annually and shall apply for any services rendered after that date.

These adjustments are not limited to the rate per hour ranges listed above, and +Mir not affect the total amount of compensation for services_
Atty. Rev. 2021

Attachment G
EXHIBIT "C"

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

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.

Attachment G
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.

D. Other Insurance Requirements
The liability policies are to contain, or be endorsed to contain, the following provisions:

Attachment G
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).

Attachment G
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.

Atty. Rev. 2021

Attachment G
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.

Attachment G
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.

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 Atty. Rev. 2021

Attachment G
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."

Atty. Rev. 2021

Attachment H

AGREEMENT FOR PROFESSIONAL SERVICES
On -Call Landscape Architecture and Site Design Services This Agreement is made on October 21, 2025, by and between Hirsch and Associates 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:

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." 1 Atty. Rev. 2021

Attachment H

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 2 Atty. Rev. 2021

Attachment H
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:

Hirsch and Associates Inc.

Attn: Mark Hirsch
2221 E. Winston Rd. Ste -A
Anaheim, CA 92806
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

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

4.04. 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 3 Atty. Rev. 2021

Attachment H
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.

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

HIRSCH AND ASSOCIATES INC., a CITY OF SANTA MARIA, a Municipal California Corporation Corporation
By: Mark Hirsch Brett Fulgoni
Vice President Public Works Director
ATTEST:

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

City Attorney
Risk Manager
4 Atty. Rev. 2021

Attachment H
EXHIBIT "A"

SCOPE OF WORK

Attachment H
• BMP Systems Design
• Erosion and Sedimentation Control Plans
• Hydraulic/Hydrologic Studies
• Construction Administration (CA) Services
• Construction staking
• Quality assurance of contractor staking
• Monument control
• Record and title research
• Plat and legal description for property acquisitions
• ROW certifications (Caltrans)
• Map Checking
• Corner Record
• Property and Easement Descriptions

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.

Atty. Rev. 2021

Attachment H
EXHIBIT "B"

PAYMENT
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 two-year term of the Agreement shall be $300,000.

II. Invoice procedure.

A. Payment shall be monthly based on billable charges for each Project.

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.

Atty. Rev. 2021

Attachment H
HIRSCH & ASSOCIATES, INC.

LANOSCAPE ARCHITECTURE & PLANNING
Professional Fees
Professional fees for services stated are based upon the scope of work and include all
costs for general overhead, profit, telephone, clerical, travel and incidental expenses. Fees shall be valid for the life of the contract.

Reimbursement Expenses
All printing, blueprinting, computer plotting, computer scans, photographic reproductions and special overnight deliveries, other than US Postal Service, requested by the City shall be paid as a direct reimbursable expense plus 10% to Hirsch & Associates.

HAI
Principal Landscape Architect
Landscape Architect
S. Project Manager
Designer
Clerical
Public Meetings
Construction Meetings
Reproduction / Printing
Blue Peak
Civil Engineer
Design Engineer
Drafter
$185
$155
$125
$95
$75
$950/ea
$950/ea
Cost Plus 10%
$225/hr
$190/hr
$90/hr
Survey, CEQA and Geotechnical fees are lump sum
2221 EAST WINSTON ROAD, SUITE A, ANAHEIM, CALIFORNIA 921306 PHONE 714-776-4340 FAX 714-776-4395 WWW.HAI LANDARCH.COM LA#1710 Atty. Rev. 2021

Attachment H
EXHIBIT "C"

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

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.

Attachment H
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.

D. Other Insurance Requirements
The liability policies are to contain, or be endorsed to contain, the following provisions:

Attachment H
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).

Attachment H
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.

Atty. Rev. 2021

Attachment H
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.

Attachment H
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.

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 Atty. Rev. 2021

Attachment H
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."

Atty. Rev. 2021

Attachment I

AGREEMENT FOR PROFESSIONAL SERVICES
On -Call Landscape Architecture and Site Design Services This Agreement is made on October 21, 2025, by and between KTUA, 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:

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." 1 Atty. Rev. 2021

Attachment I

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 2 Atty. Rev. 2021

Attachment I
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:

KTUA
Attn: David Jamesson
3916 Normal Street
San Diego, CA 92103
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 3 Atty. Rev. 2021

Attachment I
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.

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

KTUA, a California Corporation CITY OF SANTA MARIA, a Municipal Corporation
By: Brooke Whalen Brett Fulgoni
Principal Public Works Director
ATTEST:

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

City Attorney
Risk Manager
4 Atty. Rev. 2021

Attachment I
EXHIBIT "A"

SCOPE OF WORK

Attachment I
• BMP Systems Design
• Erosion and Sedimentation Control Plans
• Hydraulic/Hydrologic Studies
• Construction Administration (CA) Services
• Construction staking
• Quality assurance of contractor staking
• Monument control
• Record and title research
• Plat and legal description for property acquisitions
• ROW certifications (Caltrans)
• Map Checking
• Corner Record
• Property and Easement Descriptions

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.

Atty. Rev. 2021

Attachment I
EXHIBIT "B"

PAYMENT
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 two-year term of the Agreement shall be $300,000.

II. Invoice procedure.

A. Payment shall be monthly based on billable charges for each Project.

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.

Atty. Rev. 2021

Attachment I

FEE SCHEDULE
KTUA
IIOURLY RAT=
Principal
5215
Senior Associate II
$190
Senior Associa e I
$175
Associate II
$159
AMsodate I
5149
Senior DesigrrerJPlanner III
$139
I
Senior Designer/Planner II
$128
Senior Designer/Planner I
S110
Desiyner'Planner
$113
Administration
$85

THQMA ELECTRIC

HOURLY RATE
Professional Electrical Engineer
5237
Electrical EngitieerJDesigner
$208
Electrical Design Assistant
5149
Electrical Cost Estimator
$157
Field Techrticianl[tectridan
$152
Computer Aided Design+Drafter
5132
Secretarial
$113
T5 SPRUCTURAL

HOURLY RATE
Principal S.F,
$295
Principal P.E
$270
Assoc. Principal
$250
Project Manager
$230
Senior Engineer VI
$200
Senior Engineer l
$1e0
Project Engineer III
$170
Project Engineer IIrBIMFSr. CAD Specialist
$160
Project Engineer I/CAD Technician
$150
Staff Engineer
$130
Administrative
$110

CANNON CORPORATION

HOURLY RATE
Principal Engineer
$204-$290
Project Designer
$425- $179
Project Engineer
$153
• $205
Resident Engineer
$195
- $220
Sr. Associate Engineer
$180
- S265
Sr. Plan Check Engineer
$175
• $228
Sr. Principal Designer
$145
- $225
Sr. Principal Engineer,' - ll
$225
- 5320
Sr. Project Designer
$135
- $200
St, Project Engineer
$165
- $225
Sr. Resident Engineer
$205
- $244
Land Surveyor
$195
- $220
Survey Crew On -Person Feld
$210
- $233
Survey Crew Two .Person Field
$290
- $310
Survey Crew Three Person Field
$394
- $410
Survey Assistant
$115
- $145
Surrey Tedinidan f - V
$143
- $218

CUMMING GROUP

HOURLY RATE
Managing DlreclorlDirecctodRegional Director
$335
Associate Director
$260
Senior Cost Manager
$225
Cost Manager
$200
Assistant Cost Manager/
Estirrrating Technic anlln.tem
$140
EARTi1 SYSTE1,is

HOURLY RATE
Principal Professional
$245
Associate Professional
$230
Senior Professional
$215
Project Professional
$190
Staff Professional
$160
Field Services Supervisor
$160
Teelanlcal Assistant
$130
Special Inspector
$125
Technician
$115
Administrative
$100
CITY OF SANTA MARIA I ON -CALL LANDSCAPE ARCHITECTURE &. SITE DESIGN PROFESSIONAL SERVICES I 1 Atty. Rev. 2021

Attachment I
EXHIBIT "C"

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

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.

Attachment I
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.

D. Other Insurance Requirements
The liability policies are to contain, or be endorsed to contain, the following provisions:

Attachment I
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).

Attachment I
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.

Atty. Rev. 2021

Attachment I
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.

Attachment I
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.

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 Atty. Rev. 2021

Attachment I
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."

Atty. Rev. 2021

Attachment J

AGREEMENT FOR PROFESSIONAL SERVICES
On -Call Landscape Architecture and Site Design Services This Agreement is made on October 21, 2025, by and between Melton Design Group, 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:

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." 1 Atty. Rev. 2021

Attachment J

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 2 Atty. Rev. 2021

Attachment J
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:

Melton Design Group, Inc.

Attn: Greg Melton
820 Broadway Street
Chico, CA 95928
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 3 Atty. Rev. 2021

Attachment J
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.

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

MELTON DESIGN GROUP, INC., a CITY OF SANTA MARIA, a Municipal California Corporation Corporation
By: Greg Melton Brett Fulgoni
Principal/CEO Public Works Director
ATTEST:

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

City Attorney
Risk Manager
4 Atty. Rev. 2021

Attachment J
EXHIBIT "A"

SCOPE OF WORK

Attachment J
• BMP Systems Design
• Erosion and Sedimentation Control Plans
• Hydraulic/Hydrologic Studies
• Construction Administration (CA) Services
• Construction staking
• Quality assurance of contractor staking
• Monument control
• Record and title research
• Plat and legal description for property acquisitions
• ROW certifications (Caltrans)
• Map Checking
• Corner Record
• Property and Easement Descriptions

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.

Atty. Rev. 2021

Attachment J
EXHIBIT "B"

PAYMENT
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 two-year term of the Agreement shall be $300,000.

II. Invoice procedure.

A. Payment shall be monthly based on billable charges for each Project.

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.

Atty. Rev. 2021

Attachment J
Worth Every Penny

SCHEDULE OF RATES

MDG PERSONNEL
Principal Landscape Architect
Senior Project Manager
Project Manager
Irrigation Specialist
Senior Production Specialist
Production Specialist
Administration
Drone Pilot Technician

REIMBURSABLE EXPENSES
B & W Copies 8.5 x 11
B & W Copies 11 x 17
Color Copies 8.5 x 11
Color Copies 11 x 17
Binding Covers 8.5 x 11
Binding Covers 11 x 17
B & W 24 x 36 Print
B & W 30 x 42 Print
Color 24 x 36 Print
Color 30 x 42 Print
Premium Color Glossy Plan Print
Foam Core 24 x 36
Foam Core 30 x 42
Flash Drive
Overnight Mail
Courier
Photography
Soils Analysis
Travel / Automobile
: Rates subject to change after one year of proposal
Atty. Rev. 2021
$225.00 / hour
$205.00 / hour
$180.00 / hour
$165.00 / hour
$150.00 / hour
$125.00 / hour
$105.00 / hour
$195.00 / hour
$ .42 each
$ .68 each
$ 1.65 each
$ 3.05 each
$ 3.70 each
$ 7.10 each
$ 6.85 each
$10.00 each
$35.30 each
$51.45 each
$76.65 each
$15.75 each
$18.65 each
$11.55 each
Cost Plus 15%
Cost Plus 15%
Cost Plus 15%
Cost Plus 15%
$ .75 per mile
MDG
M ELTON DESIGNGROUP.,wt

Attachment J
I HOG
"MELTQNDE5 C NGRO'41',iri
2026 SCHEDULE OF RATES

MDG PERSONNEL
Principal Landscape Architect $240.00 / hour
Senior Project Manager $215.00/ hour
Project Manager $190.00/ hour
Irrigation Specialist $165.00 / hour
Senior Production Specialist $170.00 / hour
Production Specialist $135.00/ hour
Administration $110.00 J hour
Drone Pilot Technician $205.00 f hour

REIMBURSABLE EXPENSES
B& W Copies 8.5x11 .45 each
B& Copies11x17 .70 each
Color Copies 8.5 x 11 $ 1.70 each
Color Copies 11 x 17 $ 3.20 each
Binding Covers 8.5 x 11 $ 3.90 each
Binding Covers 11 x 17 $ 7.50 each
B&W 24x 36 Print .$ 7.20 each
B & W 30 x 42 Print $10.50 each
Color 24 x 36 Print $37.00 each
Color 30 x 42 Print $54.00 each
Foam Core 24 x 36 $16.40 each
Foam Core 30 x42 $19.60 each
Flash Drive $12.25 each
Overnight Mail Cast Plus 15%
Courier Cost Plus 15%
Photography Cost Plus 159
Soils Analysis Cost Plus 15%
Travel / Automobile $ .80 per mile
Atty. Rev. 2021

Attachment J
EXHIBIT "C"

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

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.

Attachment J
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.

D. Other Insurance Requirements
The liability policies are to contain, or be endorsed to contain, the following provisions:

Attachment J
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).

Attachment J
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.

Atty. Rev. 2021

Attachment J
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.

Attachment J
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.

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 Atty. Rev. 2021

Attachment J
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."

Atty. Rev. 2021

COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Brett Fulgoni, Director of Public Works
DATE: October 21, 2025
SUBJECT: Adoption of a Resolution Approving the Donation of a Surplus Toro Small Ride -On Mower
Description:

The City Council will consider declaring a 2012 Toro GM3280-D Small Ride -On Mower, Asset ID Number BA -0003052 (F438-12) (serial number 312000153), as surplus property and approving its donation to the Orcutt Youth Softball Association.

RECOMMENDATION:

Adopt a Resolution declaring a 2012 Toro GM3280-D Small Ride -On Mower, Asset ID Number (BA -0003052) (F438-12) (serial number 312000153), as surplus property and approving its donation to the Orcutt Youth Softball Association.

BACKGROUND:

The City of Santa Maria (City) has previously donated surplus property and equipment to agencies, schools, community groups, and non-profit organizations for the benefit of the public. The 2012 Toro GM3280-D Small Ride -On Mower was decommissioned on June 6, 2023, reaching the end of its useful life. It was replaced with a new 2023 Toro GM3300 Small Ride -On Mower, Asset ID Number (BA -0003345) (F438-23) in June 2023.

DISCUSSION:

Orcutt Youth Softball Association (OYSA) is a 501(c)3 non-profit youth organization administered by volunteers. Its mission is to instill the values of character, integrity, and teamwork while teaching the game of softball. The Toro GM3280-D Small Ride -On Mower will support OYSA by enabling more efficient maintenance of the outfield grass, improving field safety and quality. A well -maintained field can reduce the risk of injuries and improve the overall gameplay experience for the youth players.

Alternatives)
The alternative would be to not donate the Toro Small Ride -On Mower and instead use City resources to auction it through GovDeals.com.

Fiscal Considerations
The surplus value of the Toro GM3280-D Small Ride -On Mower is estimated at $3,000.

Impact on the Community
Donation of the mower will not reduce City service levels. Instead, it will provide a community non-profit with the ability to improve recreational facilities, supporting youth sports while serving as an act of goodwill by the city.

ATTACHMENT(S)
A. Resolution
2 Attachment A
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA
DECLARING A 2012 TORO GM3280-D SMALL RIDE -ON MOWER,
ASSET ID #BA -0003052 (F438-12)
(SERIAL NUMBER 312000153), AS SURPLUS PROPERTY

AND APPROVING ITS DONATION TO THE

ORCUTT YOUTH SOFTBALL ASSOCIATION
WHEREAS, The City of Santa Maria Fleet Services Division has determined a 2012 Toro GM3280-D Small Ride -On Mower to be surplus property; and WHEREAS, the donation of the 2012 Toro GM3280-D Small Ride -On Mower will allow the Orcutt Youth Softball Association to maintain youth league fields within the City; and
WHEREAS, the Orcutt Youth Softball Association and community would benefit from the use of such equipment.

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

SECTION 1. One 2012 Toro GM3280-D Small Ride -On Mower is hereby declared as surplus property and said surplus property is authorized to be donated to the Orcutt Youth Softball Association for use in the community; and SECTION 2. 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.

Page 1 of 2 ends

Attachment A
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 21st day of October 2025.

ATTEST:

Chief Deputy City Clerk
Mayor

Page 2 of 2 ends

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: October 21, 2025
SUBJECT: Adoption of a Resolution Authorizing a Lease Agreement with Central Coast Community Energy for Installation of Electric Vehicle Charging Stations at 418 South McClelland Street
Description:

The City Council will consider adopting a Resolution authorizing a lease agreement with Central Coast Community Energy for the installation of electric vehicle charging stations at 418 South McClelland Street.

Environmental Notice: The project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 — Existing facilities (operation, repair, maintenance, leasing, etc.) of the California Environmental Quality Act State Guidelines because the scope of work to be conducted is an existing public facility with negligible expansion of the existing uses.

RECOMMENDATION:

1. Adopt a Resolution authorizing a lease agreement with Central Coast Community Energy for the installation of electric vehicle charging stations at 418 South McClelland Street with the condition that the charging stations provide free, unrestricted public access twenty-four hours per day, seven days per week, year- round; and

2. Authorizing the City Manager, or designee, to execute agreement.

BACKGROUND:

The City of Santa Maria and Central Coast Community Energy (3CE) are collaborating on a pilot program to expand public EV charging infrastructure within the City. Under the proposed lease agreement, 3CE would install, own, and operate 9 -port EV charging stations at no cost in designated City -owned street parking spaces at 418 South McClelland Street.

In 2017 local communities established 3CE to source clean and renewable electricity for customers throughout Monterey, San Benito, San Luis Obispo, Santa Cruz, and Santa Barbara counties. 3CE is locally controlled and governed by board members who represent each community served by the agency.

With no investors or shareholders, revenue generated by 3CE stays local. It helps keep electricity rates fair for all customers while also funding innovative energy programs designed to lower greenhouse gas emissions and stimulate community investment.

DISCUSSION:

The proposed lease agreement has a ten-year term with no rental fee, and 3CE is solely responsible for installation, operation, and maintenance of the charging stations. Council should note that while the stations provide a public benefit, the City retains the current obligations for general street and parking lot maintenance and compliance with local parking laws. Additionally, 3CE will be responsible for installation of appropriate signage at the EV charging stations located at 418 South McClelland Street, listing hours of operation for community usage.

Alternative(s`
City Council may choose not to enter into the lease agreement with Central Coast Community Energy for the installation of EV charging stations.

Fiscal Considerations
There is no direct cost to the City for the installation or operation of the EV charging stations. 3CE will cover all costs associated with construction, installation of signage, utilities, maintenance, and equipment, while the City will continue to provide routine street and parking lot upkeep as part of its normal operations.

Impact on the Community
The addition of public EV charging stations supports the community's transition to cleaner transportation options and aligns with statewide sustainability goals. These stations will provide convenient charging access for residents, commuters, and visitors, encouraging EV adoption while reinforcing the City's commitment to reducing greenhouse gas emissions.

ATTACHMENT(S)
A. Resolution
B. Agreement
2 Attachment A
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AUTHORIZING A LEASE AGREEMENT WITH

CENTRAL COAST COMMUNITY ENERGY FOR

THE INSTALLATION OF ELECTRIC VEHICLE CHARGING
STATIONS AT 418 SOUTH MCCLELLAND STREET, WITH

THE CONDITION THAT THE CHARGING STATIONS PROVIDE

FREE, UNRESTRICTED PUBLIC ACCESS TWENTY-FOUR

HOURS PER DAY, SEVEN DAYS PER WEEK, YEAR-ROUND
WHEREAS, in 2017 local communities established Central Coast Community Energy (3CE) to source clean and renewable electricity for customers throughout Monterey, San Benito, San Luis Obispo, Santa Cruz, and Santa Barbara counties. 3CE is locally controlled and governed by board members who represent each community served by the agency; and
WHEREAS, the City of Santa Maria and 3CE are collaborating on a pilot program to expand public EV charging infrastructure within the City; and WHEREAS, the lease agreement is for a ten-year term with no rental fee, and 3CE is solely responsible for installation, operation, and maintenance of the charging stations located at 418 South McClelland Street; and
WHEREAS, 3CE will be responsible for installation of appropriate signage at the EV charging stations located at 418 South McClelland Street, listing hours of operation for community usage; and
WHEREAS, there is no direct cost to the City for the installation or operation of the EV charging stations. 3CE will cover all costs associated with construction, installation of signage, utilities, maintenance, and equipment, while the City will continue to provide routine street and parking lot upkeep as part of its normal operations.

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

SECTION 1. Approving a lease agreement with Central Coast Community Energy for the installation of electric vehicle charging stations at 418 South McClelland Street with the condition that the charging stations provide free, unrestricted public access twenty-four hours per day, seven days per week, year-round; and SECTION 2. Authorize City Manager or designee to execute agreement. ///

Attachment A
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, California, held this 21st day of October 2025.

ATTEST:

Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
City Manager

Attachment B

CHARGING STATION SITE LICENSE AGREEMENT
This CHARGING STATION SITE LICENSE AGREEMENT, (the "Agreement"), including all attached Exhibits, and dated as of the last signature date below (the "Effective Date"), is by and between City of Santa Maria, a municipality ("Lessor") and Central Coast Community Energy ("Lessee"), a Joint Powers Authority. Lessor and Lessee may individually be referred to as a "Party" and collectively as the "Parties".

RECITALS
A. Lessor owns that certain real property located at South McClelland Street in City of Santa Maria, CA , and legally described in Exhibit "A" (the "Property").

B. Lessee wishes to install one or more electric vehicle charging stations on the Property and sell EV charging services to Central Coast Community Energy customers as well as members of the public.

C. Lessor wishes to license Lessee the Property for the purposes of offering members of the public access to EV charging stations at the property.

D. Lessor and Lessee desire to enter into this Agreement to provide the terms and conditions pursuant to which Lessor leases certain portions of the Property to Lessee.

NOW, THEREFORE, Lessor and Lessee hereby agree to the following terms and conditions.

AGREEMENT

1. Basic Provisions
a. Premises. Lessor hereby leases to Lessee a portion of the Property consisting of approximately 1,250 square feet, in order to build, own, operate, and maintain electric vehicle charging stations (singularly, a "Charging Station" or collectively the "Charging Stations"), along with approximately 900 square feet of landscaped or paved space for equipment (the "Premises"), together with ingress and egress to the Premises across the Property.
b. Term. The term ("Term") of this Agreement shall commence on the Effective Date and end on the date that is ten (10) years from the Commercial Operation Date, unless renewed or earlier terminated as set forth herein. The "Commercial Operation Date" for purposes of this Agreement, shall mean the date on which all Charging Stations that are to be installed and are first operational.
c. Fee. Lessee agrees to pay Lessor a rental fee equal to $0 per Charging Station per year, starting on the Commencement Date (as defined below) and continuing until the Expiration Date.

2. Installation and Construction

Attachment B
a. Installation. Upon the Effective Date, Lessor shall deliver possession of the Premises to Lessee. Lessee shall, at its sole cost and expense, construct the Charging Stations. Lessee, at any time and for any reason during the term of this Agreement, may elect to upgrade, revise, alter, or remove any Charging Station installed on the Premises. b. Grant of License: Lessor is the fee simple owner of the real property identified in Exhibit A ("Property"). Subject to the terms of this Agreement, Lessor grants to Lessee and its contractors and vendors for the Term of this Agreement for the sole purposes of performing Lessee's obligations and enforcing Lessee's right under the Agreement: (1) an exclusive and irrevocable, except as specifically set forth herein, license to evaluate, use and occupy a portion of the Property, including designated parking spaces for charging electric vehicles; (2) necessary easements, or rights for installation, maintenance, operation, access and utilities, as described herein for the purpose (including, but not limited to, any rights necessary for PG&E to interconnect the stalls); and (3) the right for Lessee to issue a sublicense to its contractors and vendors that is up to, but no more than, coextensive with the license that Lessor grants to Lessee herein.
c. Construction. Lessee is solely responsible for supervising the construction and installation of the Charging Stations, which may include but not be limited to hiring and coordinating all vendors and contractors; installing electrical equipment, utility lines, hardware, and software; site preparation; trenching; repaving and landscaping. Lessor shall allow Lessee and Lessee's contractors to stage equipment in reasonable proximity to the Premises to facilitate Lessee's construction at the Property; provided such staging shall not unreasonably interfere with Lessor's use of the Property. After obtaining written permission from Lessor, Lessee shall be permitted to reconfigure the existing parking spaces to accommodate the Charging Stations. For the avoidance of doubt, reconfiguring of parking spaces shall include, among other things, the right to reduce the number of striped parking spaces, if necessary, to promote the efficient and legal use of the Charging Stations.
d. Permits. Lessee and/or its contractors will, at its sole cost and expense, obtain all licenses, permits, or other approvals required to install the Charging Stations, and Lessor will reasonably cooperate upon request with Lessee's efforts to do so. Lessor will provide staffing support to meet with Lessee at the Premises as needed, and cooperate generally with Lessee during the planning, permitting, and construction of the Charging Stations. Lessee shall comply with all permits issued for the planning, permitting, and construction of the Charging Stations.
e. Ownership by Lessee. The Charging Station equipment shall remain the sole property of the Lessee at all times, and Lessee shall have the right to remove all or a portion of any Charging Station at any time during the term of this Agreement, whether or not the Charging Station is considered a fixture and attached to the Premises under applicable laws. If a Charging Station becomes inoperable Lessee will have one (1) month to fix the inoperable Charging Station.
f. Right to Tow. Lessee retains the right to remove any vehicle from the

Attachment B
Premises at any time and for any reason at Lessee's sole cost, in accordance with applicable law.

3. Operation and Maintenance. Except as otherwise provided in this Agreement, Lessee will, at its sole cost and expense make all necessary maintenance, repairs, and replacements to the Charging Stations.

4. Access. Members of the public shall have free, access to the Premises during posted regular parking hours as determined by the City Council. Lessee and its employees, contractors, and/or vendors may, at any time during the Term, access the Premises to maintain and inspect the Charging Stations
Members of the public shall have free, unrestricted access to the Premises twenty-four (24) hours per day, seven (7) days per week, and 365 days per year. Lessee and its employees, contractors, and/or vendors may, at any time during the Term, access the Premises to maintain, inspect, repair or replace any portion of the Charging Station pursuant to its obligations under this Agreement.

The Lessee shall install and maintain clear, visible signage indicating that the designated parking stalls are reserved exclusively for actively charging electric vehicles. Such signage shall comply with the requirements set forth under California Vehicle Code Section 22511, including paragraph (2) of subdivision (d).

Pursuant to California Vehicle Code Section 22511, if a vehicle is parked in a designated EV charging stall without being actively connected for electric charging purposes, the local authority, after notifying the police or sheriff's department, may cause the removal of such a vehicle to the nearest garage, as defined in Section 340, that is owned, leased, or approved for use by a public agency. For avoidance of doubt, Lessee shall not be responsible for any costs or fees associated with towing vehicles or enforcement of local parking restrictions.

Lessee shall install appropriate signage.

5. Right to Relocate
a. Cost. At Lessor's sole cost and expense reimbursable to Lessee, Lessor may require Lessee to relocate to other premises ("New Premises") within the Property; provided however, Lessor shall have no right to relocate Lessee for the purpose of leasing or licensing the Premises to a tenant that will operate as an electric vehicle charging station; provided, however, that Lessor may operate on its own or through a third -party an adjacent electric vehicle charging station on the Premises. The New Premises will be reasonably comparable in location, proximity to the main entrance to the facility, size, visibility, and layout to the Premises as of the date of Lessor's Notice (hereinafter defined). Lessor will reimburse Lessee all reasonable costs Lessee incurs to move Lessee's fixtures and equipment to the New Premises as well as costs incurred to secure power at the New Premises. If Lessor elects to exercise the right of relocation, Lessor shall deliver written notice to Lessee identifying the location of the proposed New Premises at least one hundred twenty (120) days prior to the date that Lessee is required to relocate to the New Premises ("Lessor's Notice"). Lessee shall have no obligation to

Attachment B
vacate the Premises until the New Premises is commissioned, permitted, and fully operational.
b. Right of First Refusal: Notwithstanding the above provision, LESSOR shall have the right to construct and operate a private EV charging station on the Property adjacent to the premises, however LESSOR shall provide LESSEE a right of first refusal ("ROFR"). If LESSOR receives an offer from a third party to construct and operate an EV charger station on the Property, and the LESSOR desires to accept, the LESSOR shall provide written notice to LESSEE. The Offer Notice shall provide the LESSEE a copy of the offer, including proposed terms and conditions. The LESSEE shall have (15) business days from receipt to exercise the ROFR by delivering notice to LESSOR. If the LESSEE fails to exercise its ROFR within this period, the LESSOR may proceed with the construction and operation of the EV charger station with the third party.

6. Signage. Lessee may paint, place, erect, or construct signage, marks, or advertising devices in, on, or about the Property as Lessee shall deem necessary, in a mutually agreed upon location. Lessee shall be responsible at its own cost and expense to obtain all permits necessary for the installation of its signs. All signage shall be in accordance with all laws, rules and ordinances.

7. Lessor Obligations Regarding Property/Premises. Lessor shall, at its sole cost and expense, take all actions necessary to maintain the Premises in a clean, safe, and orderly condition, to at least the same standard as it customarily maintains the common areas at the Property, including, without limitation, parking lot sweeping, parking lot repaving and restriping, including federal and state accessibility compliance, and maintenance and repair of curbs, gutters and landscaping features at the Property. Lessor shall also be responsible, at its sole cost and expense, to comply with all state and local parking laws, ordinances, requirements and rules, including, but not limited to, those relating to parking density should the same be impacted by the installation of electric vehicle parking spaces as contemplated herein. Lessor shall not be liable for any damage caused to the Premises, including each Charging Station, unless directly caused by Lessor, its employees, agents, or contractors. Lessor shall not be responsible for any vandalism or graffiti to Charging Stations; provided, however, that to the extent Lessor has actual knowledge of vandalism, Lessor shall promptly notify Lessee. Lessee is responsible for promptly repairing any damages or vandalism to the Charging Stations after notice from Lessor.

For the avoidance of doubt, Lessor shall be under no obligation to maintain the Charging Stations, signage or any other equipment installed by Lessee within the Premises.

However, if Lessor restripes the parking lot, inclusive of the Premises, Lessor shall restripe the Premises in a manner identical to Lessee's striping scheme in effect immediately prior to the restriping.

Attachment B

8. EV Charging. Lessee will provide Charging Station access to customers ("EV Charging Customers"), which will include members of the public. EV Charging Customers shall have access to each Site during posted regular parking hours as determined by the City Council.
a. Customer Access. Lessor will identify Customer EV Charging Stations with specified signage pursuant to the City Parking Ordinance Section 7-5.14, a, b and c. as stated in number 4. of this agreement.

9. Utility Availability. Lessee shall supply all electricity to the Charging Stations.

Lessee may charge its end users for electrical usage. Lessor shall cooperate with Lessee to obtain any other utilities necessary to operate the Charging Station, including by granting appropriate easements to local utility providers; provided, however, that Lessor is not required to pay money to satisfy the requirements of the utility provider or Lessee associated with the provision of such utilities. Neither Lessor nor Lessee has any responsibility or liability for interruption, curtailment, failure, or defect in the supply or character of utilities furnished to facilities or equipment located at the Premises, unless the cause of the interruption is covered by such Party's indemnity provided for below.

10. Taxes. Lessee is solely responsible for personal property taxes imposed on the Charging Stations, and any other equipment installed by it on the Premises. All other real or personal property taxes related to the Premises, including any increase in real estate taxes on the Property of which the Premises is a part which arise from Lessee's improvements and/or Lessee's use of the Premises, are the sole obligation of Lessor.

11. Ownership of Drawings and Other Documents. All documents prepared by or under the direction of Lessee pursuant to this Agreement, including, without limitation, drawings, plans, and specifications, including those in electronic format, are solely and exclusively owned by Lessee. The Parties agree that Lessee has and retains ownership of all of such Lessee's Intellectual Property rights therein, and Lessor has no right, and shall not obtain any right, in any Lessee Intellectual Property.

As used in this Agreement, "Intellectual Property" means all copyrights, patents, trademarks and service marks, names, logos, designs, domain names, charger station equipment names, all registrations for copyrights, patents, trademarks and service marks/names, domain names, trade secrets, know-how, and all unique concepts, information, data and knowledge that is eligible for legal protection under applicable laws as intellectual property, whether protected through confidentiality, registration or pending registration, regardless of form, whether disclosed in writing, electronically, orally or through visual means, whether learned or obtained orally, through observation, through the discharge of responsibilities under this Agreement, or through analysis of that information, data or knowledge.

12. Publicity. Neither Party will use the other Party's name, trademark or logo without such other Party's prior written consent. If mutually agreed in writing, the Parties may

Attachment B
make general press releases and statements, hold press conferences, both through traditional and electronic media, including websites created by Lessee or other third parties, regarding the existence of the Charging Stations and the status of the activities contemplated by this Agreement.

13. Representations and Warranties. Lessor and Lessee each hereby represent and warrant to the other as of the Effective Date that: (a) it has all necessary power and authority to execute, deliver, and perform its obligations hereunder; (b) the execution, delivery, and performance of this Agreement have been duly authorized by all necessary action and do not violate any of the terms or conditions of its governing documents, any contract to which it is a party, or any law, rule, regulation, order, judgment, or other legal or regulatory determination applicable to it; (c) there is no pending or, to its knowledge, threatened litigation or administrative proceeding that may materially adversely affect its ability to perform this Agreement; (d) it is duly organized and validly existing under the laws of the jurisdiction of its organization or incorporation and, if relevant under such laws, in good standing; (e) this Agreement constitutes a legal, valid and binding obligation of such Party, except as the enforceability of this Agreement may be limited by the effect of any applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors' rights generally and by general principles of equity; and (f) at all times during the Term, it will comply with all federal, state, and local laws, rules, regulations (including, without limitation, all zoning ordinances and building codes) in performing its obligations under this Agreement.

14. Additional Lessor Covenant. Lessor covenants that it shall not take any action that would interrupt the use of the Premises or the Charging Station. However, this covenant shall not preclude the Lessor from temporarily restricting access to the Premises or Charging Station in the event of:
a. Maintenance Activities — Necessary maintenance, repairs, or improvements to the roadways, utilities, or other infrastructure serving the Premises, provided that the Lessor shall use commercially reasonable efforts to minimize disruption and provide advance notice to the Lessee whenever possible.
b. Emergency Situations — Any actions required to respond to emergency situations, including but not limited to natural disasters, accidents, public safety requirements, or compliance with orders issued by relevant authorities. c. The Lessor shall make reasonable efforts to promptly restore access to the Premises and Charging Station once the maintenance or emergency situation has been resolved.

15. Lessee Insurance.

During the Term of this Agreement, Lessee shall maintain in full force and effect, at its cost and expense, the following coverages and amounts of insurance or self-insurance:

Attachment B
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

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.

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.

Attachment B
D. Other Insurance Provisions
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 endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

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

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

4. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to 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.

Attachment B
c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work.

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

F. Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause.

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

16. Lessor Insurance.
a. Lessor has no obligation to maintain insurance under this Agreement.

17. Casualty and Condemnation.
a. Damage. If the Premises, any portion of the Charging Stations or any portion of the Property that adversely affects the use of the Charging Stations is damaged by fire or other casualty, then either Lessor or Lessee may, within thirty (30) days of the date of such fire or other casualty elect to terminate the Agreement by written notice to the other Party. If Lessee elects to repair its property, it shall restore, rebuild, or replace those portions of the Charging Stations and any other property damaged as a result of such fire or other casualty to their prior or better condition as necessary, and all property insurance proceeds of Lessor applicable to the Premises shall be made available to Lessee in connection with such repair and restoration. If Lessee elects to terminate the Agreement, it shall remove all of Lessee's property from the Premises in accordance with this Agreement. Any repair and restoration required by Lessee under this Section shall commence within sixty (60) days of the date Lessee elects to repair and restore the Premises and shall be completed no later than 120 days thereafter, if reasonably possible. b. Condemnation/Taking. If any portion of the Premises or Property is condemned or taken in any manner for a public or quasi -public use that could adversely affect the use of the Charging Stations, then Lessee may elect to terminate this Agreement effective as of the date title to the condemned portion of the Property is transferred to the condemning authority. If Lessee does not elect to terminate, the Parties

Attachment B
will use commercially reasonable efforts to find an alternate location for the Charging Stations on the Property. The costs of the relocation of the Charging Station shall be paid by Lessor. Lessee may file a separate claim to the condemning authority for any relocation award made as a result of such condemnation; provided, however, in no event shall such claim reduce the Lessor's award related to the condemnation or taking. c. Suspension of Term. During any time that the Charging Station or any portion of the Premises is under repair or being relocated pursuant to a casualty or condemnation, the Term shall be temporarily suspended on a day -for -day basis.

18. Hold Harmless. Each Party shall indemnify and hold harmless the other Party, and their respective affiliates, representatives, agents, board members, officers, directors, managers, members, contractors or employees, from and against all third party claims, demands, causes of action, liabilities, costs, damages, losses, penalties, fines, judgments or expenses, including reasonable attorneys' fees and costs of collection (collectively "Losses") that arise out of or result from (1) any willful misconduct or negligence of the indemnifying Party in connection with this Agreement; (2) any breach by the indemnifying Party of its obligations, representations, or warranties under this Agreement, or (3) the indemnifying Party's operation of each Site or Property, except to the extent arising out of or resulting from any willful misconduct or negligence of the indemnified Party. The obligations of the Parties under this Section shall survive the expiration, cancellation, or termination of this Agreement and Term.

19. Limitation of Lessor and Lessee Liability. In no event shall either Party be liable (in contract or in tort, including negligence and strict liability) to such other Party or to such other Party's affiliates or their respective representatives, agents, officers, directors, shareholders, partners or employees for any special, indirect or consequential damages relating to this Agreement.

20. Termination. This Agreement may be terminated in its entirety:
a. By either Party if the other Party breaches or fails to perform any of its obligations in any material respect, and such breach or failure continues uncured for fifteen (15) business days after receipt of written notice; provided that if such breach or failure reasonably requires more than fifteen (15) days to cure, this provisions shall not be triggered if such breaching Party commences to cure within such period and diligently proceeds to complete such cure; or
b. By either Party, if the other Party becomes insolvent or proceedings are instituted by or against it under any provision of any federal or state bankruptcy or insolvency laws or;

Attachment B
c. by either Party, pursuant to Section 17 of this Agreement or upon expiration of the Term of this Agreement.
d. Post -Termination Removal. Upon expiration or termination of this Agreement, Lessee shall, at its sole cost and expense, remove all Charging Stations and related EVSE equipment from the Premises and restore the area to a condition reasonably consistent with its original state, normal wear and tear excepted, unless otherwise agreed in writing by the Parties.

21. Remedies. Each Party shall have all remedies available at law or in equity if the other Party is in default under the terms of this Agreement.

22. Notice. Any notice provided or permitted to be given under this Agreement must be in writing and be served either by (i) deposit in the mail, addressed to the Party to be notified, postage prepaid, and registered or certified, with a return receipt requested, or (ii) deposit with an internationally recognized overnight delivery carrier, with notice of delivery to the recipient Party or by electronic mail with a return notice requested. Notice given by registered or certified mail, overnight carrier or electronic mail shall be deemed delivered and effective on the date of delivery shown on the return receipt or proof of receipt. For purposes of notice the addresses of the parties shall be as follows:

If to Lessee:

Central Coast Community Energy
70 Garden Court, Suite 300
Monterey, CA
If to Lessor:

Department of Public Works
110 South Pine Street, Suite 101
Santa Maria, CA 93458

Attachment B
With a copy to (which shall not constitute notice): [email protected] Each Party may change its address for notice by giving notice thereof to the other Party.

23. Assignment. This Agreement is binding on and inures to the benefit of the parties and their respective heirs, successors, assigns, and personal representatives. Neither Party may assign its rights and obligations in and under this Agreement without first obtaining prior written consent of the other Party, which may be withheld in such Party's sole discretion; provided, however, that either Party may assign its rights and obligations in and under the Agreement to an affiliate, subsidiary or successor by merger or acquisition or successor to all or substantially all of the assets of such Party at any time and without consent.

24. Miscellaneous.
a. Force Majeure. Neither Party is responsible for any delay or failure in performance of any part of this Agreement to the extent that delay or failure is caused by fire, flood, explosion, war, embargo, pandemic, government requirement, civil or military authority, act of God, act or omission of carriers or other similar causes beyond the Party's control.
b. Amendment. This Agreement may be amended or modified only by an instrument in writing signed by Lessor and Lessee.
c. Construction of Agreement. Lessor and Lessee agree that each party has fully participated in the review and revision of this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendment to this Agreement.
d. Governing Law. This Agreement shall be governed by and interpreted in accordance with the internal laws of the State of California without giving effect to conflict of law rules. In the event a legal dispute concerning the subjects of this Agreement, the Parties agree that the exclusive venue is the Superior Court for the County of Santa Barbara.
e. Headings. The headings used in this Agreement are for the convenience and reference only and do not constitute a part of this Agreement and will not be deemed to limit, characterize or in any way affect any provision of this Agreement, and all provisions of this Agreement will be enforced and construed as if no caption had been used.

Attachment B
f. Attorneys' Fees. If either Party institutes a suit against the other for violation of or to enforce any covenant, term or condition of this Agreement, the prevailing Party shall be entitled to reimbursement of all of its costs and expenses, including, without limitation, reasonable attorneys' fees.
g. Non -Binding Mediation. If a dispute arises out of or relates to this Agreement, or its breach, and the Parties have not been successful in resolving such dispute through negotiation, the parties agree to attempt to resolve the dispute through non -binding mediation by submitting the dispute to a sole mediator selected by the Parties or, at the option of a Party, to mediation. If such dispute is not resolved by such non -binding mediation, the Parties shall have the right to resort to any remedies permitted by law. All defenses based on passage of time shall be tolled during the mediation.
h. No Waiver. The failure of a Party to insist on strict performance of any provision of the Agreement does not constitute a waiver of, or estoppel against asserting, the right to require performance in the future. A waiver or estoppel given in any one instance does not constitute a waiver or estoppel with respect to a later obligation or breach.

No Third -Party Beneficiaries. This Agreement does not confer any rights or remedies on any person other than the parties and their respective successors and permitted assigns.
j. Remedies. The rights and remedies provided by this Agreement are cumulative, and the use of any right or remedy by any Party does not preclude or waive its right to use any or all other remedies. These rights and remedies are given in addition to any other rights a Party may have under applicable law, in equity or otherwise. k. Severability. If any term of this Agreement is held by any court of competent jurisdiction to contravene, or to be invalid under, the laws of any political body having jurisdiction over this subject matter, that contravention or invalidity shall not invalidate the entire Agreement. Instead, this Agreement shall be construed as reformed to the extent necessary to render valid the particular provision or provisions held to be invalid, consistent with the original intent of that provision and the rights and obligations of the parties shall be construed and enforced accordingly, and this Agreement shall remain in full force and effect as reformed.

Integration; Amendments. It is agreed and understood that this Agreement contains all Agreements, promises and understandings between the parties, and that there are no verbal or oral agreements, promises or understandings between the parties.

Any amendment, modification or other change to this Agreement shall be ineffective

Attachment B
unless made in a writing signed by the parties hereto.
m. Counterpart/Electronic Execution and Transmittal. This Agreement may be executed in any number of counterparts with the same effect as if all the Parties had signed the same document; all counterparts shall be construed together and shall constitute one and the same instrument. The Parties may sign such counterparts by electronic signature and delivery of an executed counterpart to this Agreement by electronic means (including via email) shall be as effective as the delivery of a manually executed counterpart.
n. Time is of the Essence. Time is of the essence in this Agreement.

Attachment B
In witness whereof, the Parties execute this Agreement as of the date last below written.

CENTRAL COAST COMMUNITY
ENERGY
a Joint Powers Authority

CITY OF SANTA MARIA,
a Municipal Corporation
Robert M. Shaw Brett Fulgoni
Chief Executive Officer Director of Public Works

CENTRAL COAST COMMUNITY
ENERGY
Approved as to Form
Deputy General Counsel
ATTEST:

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

Risk Manager
City Attorney

Attachment B

EXHIBIT A

PROPERTY
X
25030 Sheet Set 060625
PCF-4A MB
McCLELLAND AVENUE
1 ENLARGED SITE PLAN
o„P

TO:

FROM:

DATE:

SUBJECT:

COUNCIL AGENDA REPORT
Mayor and City Council
Brett Fulgoni, Director of Public Works
October 21, 2025
Adoption of a Resolution Approving an Award of Bid to J.F. Will Company Inc. for the Pine Street Sewer Upgrades Project, Bid No. 2025-05, in the amount of $783,720.47 and Approving Agreement for Construction of said Project
Description:

The City Council will consider approving an agreement and the award of Bid No. 2025- 05 to The J.F. Will Company, Inc. for the construction of the Pine Street Sewer Upgrades Project. The project consists of installing approximately 462 feet of new 12 -inch PVC gravity sewer along South Pine Street, replacing the existing 6 -inch line, and crossing under the Santa Maria Valley Railroad tracks within a 20 -inch steel casing. A new manhole will be constructed at West Boone Street, and the existing one will be abandoned. To maintain sanitary separation, the existing 10 -inch ACP water main at West Boone Street will be replaced with a 10 -inch ductile iron main, enabling installation of a new 60 -inch diameter manhole at the intersection.

RECOMMENDATION:

1. Adopt a Resolution awarding a bid to The J.F. Will Company, Inc., for the construction of the Pine Street Sewer Upgrades Project, Bid No. 2025-05 in the amount of $783,720.47; and

2. Authorize City Manager, or designee, to execute agreement and approve Contract Change Orders so long as expenditures do not exceed funding approved for the project.

BACKGROUND:

Under the direction of the City of Santa Maria Public Works Engineering Department, the project was designed by the Wallace Group. The project will provide approximately 462 linear feet of new 12 -inch PVC gravity sewer along South Pine Street between West Jones and West Boone Streets, replacing the existing 6 -inch line. At West Boone Street, the sewer will cross under the Santa Maria Valley Railroad tracks within a 20 -inch steel casing, with installation of a new manhole and abandonment of the existing one. In

addition, the 10 -inch ACP water main at West Boone Street will be replaced with a 10 - inch ductile iron main to maintain sanitary separation. This work will allow for the installation of the new 60 -inch diameter manhole at the intersection.

DISCUSSION:

The project was extensively advertised for bids. The City received five bids, which were opened on September 11, 2025. A summary of the bids submitted are as follows:

Bidder
Bid Amount
The J. F. Will Company, Inc.
$783,720.47
Main Line Engineering
$900,200.00
R Baker Inc.
$904,240.00
Tierra Contracting
$975,080.00
V. Lopez Jr. & Sons G.E.C., Inc.
$1,153,802.00
A detailed tabulation of the bids received is attached (Attachment A). Signed proposals and bid bond forms are available for viewing in the office of the Director of Public Works located at 110 South Pine Street, Suite 221, Santa Maria, CA 93458.

The lowest responsive, responsible bid was submitted by The J.F. Will Company, Inc., in the amount of $783,720.47.

The J.F. Will Company, Inc., from Santa Maria, CA has performed and successfully completed similar work for many cities throughout the Central Coast. In addition, they have submitted references for their work history. City staff has checked the firm's references and are comfortable with the ability of the contractor to perform the work successfully. Therefore, the recommended action is to award the bid to The J.F. Will Company, Inc. in the amount of $783,720.47.

Alternative(s)
The alternative to the recommended action would be to reject all bids. 2 Fiscal Considerations
Funding for this project is provided by the Utilities Division, Wastewater Fund. This project will require additional support funding. The Utilities Department seeks the consideration of the City Council for an additional appropriation of $556,138.97.

Available Budget Account
Amount
SC7445ICC0260IFD640IPPRJ-00000201
$ 400,000.00
Estimated Expenditures
Amount
Award
Contingency (20%)
$ 783,720.47
$ 156,744.09
Inspection, Testing, Staff Time (10%)
S 78,372.00
Total
$ 956,138.97
Impact to the Community
This project will improve sewer system reliability, enhance sanitary conditions, and support future capacity needs along South Pine Street. Replacing the deteriorated sewer and upgrading the water main will reduce the risk of service disruptions, benefiting nearby residents, businesses, and rail operations at West Boone Street.

ATTACHMENT(S)
A. Resolution
B. Detailed Bid Results
C. Agreement
3 Attachment A
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA MARIA, CALIFORNIA,
AWARDING A BID TO THE J.F. WILL COMPANY, INC., FOR THE

CONSTRUCTION OF THE PINE STREET SEWER UPGRADES
PROJECT, BID NO. 2025-05 IN THE AMOUNT OF $783,720.47
WHEREAS, the City of Santa Maria formally advertised Pine Street Sewer Upgrades Project, Bid No. 2025-05 ("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 on September 11, 2025, via Planet Bids; and
WHEREAS, the J.F. Will Company, Inc., was determined to be the lowest responsive, responsible bidder who included all required documentation, bid bonds, and signatures; and
WHEREAS, project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301.

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

SECTION 1. Award of bid to J.F. Will Company, Inc. for the Pine Street Sewer Upgrades Project, Bid No. 2025-05 in the amount of $783,720.47; 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. Approve agreement with J.F. Will Company, Inc. for the construction of the Pine Street Sewer Upgrades Project; and
SECTION 4. Authorize City Manager or designee to designate $400,000 from the Wastewater Fund and appropriate an additional $556,138.97 from the Wastewater Fund for the approved project in the amount of $956,138.97; and SECTION 5. Authorize City Manager or designee to execute agreement and approve Contract Change Orders so long as expenditures do not exceed funding approved for the project; and
///

Attachment A
SECTION 6. 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, California, held this 21st day of October 2025.

ATTEST:

Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
City Manager

Attachment B
City of Santa Maria
Bid Results for Project PINE STREET SEWER UPGRADE PROJECT (2025-05) Issued on 08/14/2025
Bid Due on September 11, 2025 2:00 PM (PDT)
Line Totals (Unit Price • Quantity)
Item Description Unit Quantity
1 Mobilization and Demobilization L5 1
2 Construction Survey LS 1
3 Traffic Control LS 1
4 Sheeting, Shoring and Bracing LS 1
5 Storm Water Compliance LS 1
6 Potholing LS 1
7 Sanitary Sewer Bypassing L5 1
8 12" SDR 35 PVC Gravity Sewer - Open Trench Installation LF 462 9 6" SDR 35 PVC Gravity Sewer - Open Trench Installation - "West Lei' IF 20 10 6" SDR 35 PVC Gravity Sewer - Open Trench Installation - "East Leg" LF 20 11 Connect Existing 4" Sewer Lateral to New Sewer Main EA 2 12 Jacked Casing with 12" Gravity Sewer at SMVRR RR Tracks IF 40 13 60" Polymer Concrete Drop Manhole EA 1
14 48" Polymer Concrete Manhole EA 3
15 Line Interior of Existing Gravity Sewer Manhole at W. Boone Street LS 1 16 10" Water Main Relocation at Jones Street Manhole LS 1 17 Abandonment of Existing Sewer LS 1
18 Hot Mix Asphalt Ton 80
19 Aggregate Base CY 70
20 Restore Concrete Valley Gutter CV 5
21 Remove Existing 48" Sanitary Sewer Manhole EA 1
The J. F. Will Company, Inc.

Main line Engineering
R Baker Inc.

Tierra Contracting
V. Lopez Jr. & Sons G.E.C., Inc.

Unit Price
Line Total
Unit Price
Line Total
Unit Price
Line Total
Unit Price
Line Total
Unit Price
Line Total
$84,737.25
$84,737.25
$15,000.00
$15,000.00
$56,000.00
$56,000.00
$50,000.00
$50,000.00
$6,468.00
$6,468.00
$12,940.20
$12,940.20
$12,000.00
$12,000.00
$17,000.00
$17,000.00
$32,600.00
$32,600.00
$23,234.00
$23,234.00
$29,343.60
$29,343.60
$25,000.00
$25,000.00
$36,000.00
$36,000.00
$15,000.00
$15,000.00
$77,494.00
$77,494.00
$33,786.09
$33,786.09
$30,000.00
$30,000.00
$54,000.00
$54,000.00
$28,000.00
$28,000.00
$23,178.00
$23,178.00
$8,618.67
$8,618.67
$10,000.00
$10,000.00
$13,000.00
$13,000.00
$2,500.00
$2,500.00
$4,955.00
$4,955.00
$10,083.84
$10,083.84
$11,000.00
$11,000.00
$22,500.00
$22,500.00
$25,000.00
$25,000.00
$17,335.00
$17,335.00
$25,225.20
$25,225.20
$12,000.00
$12,000.00
$10,000.00
$10,000.00
$3,500.00
$3,500.00
$50,518.00
$50,518.00
$150.98
$69,752.76
$750.00
$346,500.00
$420.00
$194,040.00
$695.00
$321,090.00
$681.00
$314,622.00
$1,034.69
$20,693.80
$450.00
$9,000.00
$940.00
$18,800.00
$325.00
$6,500.00
$1,146.00
$22,920.00
$1,037.61
$20,752.20
$450.00
$9,000.00
$940.00
$18,800.00
$325.00
$6,500.00
$1,146.00
$22,920.00
$24,488.10
$48,976.20
$850.00
$1,700.00
$9,500.00
$19,000.00
$15,000.00
$30,000.00
$3,115.00
$6,230.00
$1,051.59
$74,063.20
$2,250.00
$90,000.00
$3,100.00
$124,000.00
$3,250.00
$130,000.00
$5,164.00
$206,560.00
$46,250.10
$46,250.10
$45,000.00
$45,000.00
$51,000.00
$51,000.00
$44,250.00
$44,250.00
$68,493.00
$68,493.00
$42,350.10
$127,050.30
$40,000.00
$120,000.00
$38,000.00
$114,000.00
$37,250.00
$111,750.00
$41,569.00
$124,707.00
$10,614.24
$10,614.24
$30,000.00
$30,000.00
$20,000.00
$20,000.00
$7,565.00
$7,565.00
$10,604.00
$10,604.00
$39,244.14
$39,244.14
$40,000.00
$40,000.00
$32,500.00
$32,500.00
$51,500.00
$51,500.00
$36,886.00
$36,886.00
$27,129.96
$27,129.96
$8,000.00
$8,000.00
$5,600.00
$5,600.00
$5,000.00
$5,000.00
$21,328.00
$21,328.00
$602.55
$48,204.00
$480.00
$38,400.00
$720.00
$57,600.00
$850.00
$68,000.00
$627.00
$50,160.00
$298.65
$20,905.50
$180.00
$12,600.00
$220.00
$15,400.00
$181.00
$12,950.00
$477.00
$33,390.00
$3,163.68
$15,818.40
$1,000.00
$5,000.00
$3,200.00
$16,000.00
$3,175.00
$15,875.00
$2,800.00
$14,000.00
$9,530.82
$9,530.82
$30,000.00
$30,000.00
$9,000.00
$9,000.00
$7,500.00
$7,500.00
$17,800.00
$17,800.00
Total
$783,720.47
Total $900,200.00
Total $904,240.00
Tote
$975,080.00
Total
$1,153,802.00

Attachment C

AGREEMENT
THIS AGREEMENT, made and entered into this 21st day of October 2025, by and between The J.F. Will Company, 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: Pine Street Sewer Upgrades Project (PW Bid No. 2025-05), in accordance with the Contract Documents therefore, 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 SEVEN HUNDRED EIGHTY-THREE THOUSAND, SEVEN HUNDRED TWENTY-EIGHT DOLLARS AND FORTY-SEVEN CENTS.

Contract Price in Figures S783,720.47

3. Contractor agrees to complete said work within the contract time of one hundred and twenty (120) working days, 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 five hundred ($500) 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.

Attachment C

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

15. The agreement shall be binding on and shall inure to the benefit 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 Mayor 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: The J.F. WiII Company, OWNER: City of Santa Maria a Inc. Municipal Corporation
John Will
President
Brett Fulgoni
Public Works Director
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 Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Provider.

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

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

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

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

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:

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

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

E. Acceptability of Insurers
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 endorsements effecting the coverage required by these specifications at any time.

TO:

FROM:

DATE:

SUBJECT:

COUNCIL AGENDA REPORT
Mayor and City Council
Brett Fulgoni, Director of Public Works
October 21, 2025
Adoption of a Resolution Awarding a Bid to Hartzell General Engineering Contractor, Inc. and Approving an Agreement for Construction of Well 15 Equipping Project, Bid No. 2025-04 Description:

The City Council will consider approving the award of Bid No. 2025-04 to Hartzell General Engineering Contractor, Inc. for the construction of the Well 15 Equipping Project. The work to be performed under this contract consists of furnishing the necessary labor, materials, equipment, tools, and guarantees thereof to construct and equip Santa Maria Water Supply Well No. 15.

Environmental Notice: Environmental Review for this project was completed through the preparation of an Initial Study/Mitigated Negative Declaration for the City of Santa Maria Well 15 Special Project (SCH# 2024061097) pursuant to the California Environmental Quality Act State Guidelines.

RECOMMENDATION:

1. Adopt a Resolution awarding a bid to Hartzell General Engineering Contractor, Inc., and approving an agreement for the construction of the Well 15 Equipping Project, Bid No. 2025-04, in the amount of $4,343,870; and

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

BACKGROUND:

The 2012 Utilities Capacity Study identified a critical need to increase water production capacity to meet future Maximum Day Demand (MDD) projections and to improve system resiliency in the event of an interruption to the State Water Project supply. To address this need, the City Utilities Department commissioned Cannon Corporation (the "Design Engineer") to design a new municipal water supply well, Well 15.

The new well is sited within an easement obtained from the Santa Maria Airport District.

This project involves drilling and equipping a new ±1,600 -foot deep well, located approximately 1,800 feet southeast of the City's existing Well 14. Once completed, Well 15 will connect to the City's existing header line west of the airport and convey water to the Blending & Disinfection Facility, improving both the reliability and quality of the City's water supply.

The Well 15 project includes two primary construction contracts, one to drill the well and the other to equip it. The construction contract to drill Well 15 was awarded at the July 1, 2025, City Council Meeting. Equipping the well includes construction of the well facility, related appurtenances, pipelines, valves, pump -to -waste discharge infrastructure, surge protection, sand separation equipment, pump and motor assemblies, automated control systems (SCADA), emergency power, and an access roadway. Well 15 is designed to deliver a minimum of 2,000 gallons per minute (gpm) and will be equipped with related appurtenances, pipelines, valves, pump -to -waste discharge infrastructure, surge protection, sand separation equipment, pump and motor assemblies, automated control systems (SCADA), and emergency power.

The Design Engineer has prepared the equipping design, which includes civil site development (grading and drainage), structural (building, equipment pads, and ancillary structures), mechanical, electrical, SCADA systems, along with detailed construction drawings and specifications.

Once completed, Well 15 will be connected to the existing header line that serves the City's water wells west of the airport. The water extracted will be conveyed to the City's Blending & Disinfection Facility, ensuring continued reliability and water quality for the community.

DISCUSSION:

The project was issued and advertised through the City's e -Procurement Portal, PlanetBids. The City received seven bids, which were opened on September 18, 2025. A summary of the bids submitted are as follows:

Bidder
Bid Amount
Hartzell General Engineering Contractor, Inc.
$4,343,870.00
Brough Construction, Inc.
$4,998,760.00
W. M. Lyles Co
$5,191,070.00
The J. F. Will Company, Inc.
$5,242,954.12
Spiess Construction Co., Inc.
$5,990,120.05
HPS Mechanical, Inc.
$6,068,996.10
Canyon Springs Enterprises
$6,872,370.00
A detailed tabulation of the bids received is attached (Attachment B). Signed proposals and bid bond forms are available for viewing in the office of the Director of Public Works located at 110 South Pine Street, Suite 221, Santa Maria, CA 93458.

The lowest responsive, responsible bid was submitted by Hartzell General Engineering Contractor, Inc., in the amount of $4,343,870.00.

Hartzell General Engineering Contractor, Inc. from Cayucos, CA has performed and successfully completed similar work for many cities throughout the Central Coast. In addition, they have submitted references for their work history. City staff have checked the firm's references and are comfortable with the ability of the contractor to perform the 2 work successfully. Therefore, the recommended action is to award the bid to Hartzell General Engineering Contractor, Inc., in the amount of $4,343,870, along with a 10% contingency.

Alternative(s)
The alternative to the recommended action would be to reject all bids. However, doing so would likely delay the project and increase costs.

Fiscal Considerations
Contract Award Funding: Staff are requesting appropriation of $3,064,028 from the Water Fund to support the construction contract award and related equipping costs. The additional appropriation will be fully funded through existing water rates and growth mitigation fees. There is no impact on the General Fund.

Project Budget Overview: The original budget authorized in FY 2022-23 for the Well 15 project was $5,500,000, funded through growth mitigation and water funds. Based on current cost estimates, the budget is insufficient to complete the project, including construction and contingency; construction management and inspection; and environmental services. Upon approval of the additional appropriation requested above, total project funding will increase to $8,564,027, ensuring all necessary work can be completed to bring the Well 15 project to completion. A detailed breakdown of project costs is provided below.

Approved Project Budget FY 22/23 1
Expenditures To -Date
Reserved - Well 15 Drilling Project (Underway)
Amount
5,500,000
(370,703)
(2,697,355)
Current Available Budget $ 2,431,942
Construction Award
Amount
4,343,870
Construction Award - Contingency 10%
434,387
Contract Administration & Inspection
627,465
Contract Administration & Inspection - Contingency 10%
62,747
Environmental Services
25,000
Environmental Services - Contingency 10%
2,500
Projected Well 15 Equipping Project Costs
$ 5,495,969
Projected Well 15 Equipping Project Costs
Remaining Authorized Budget
(10/21/2025 Request) Additional Appropriation 2
Total Project Cost (1+2)
Amount
5,495,969
(2,431,942;
$ 3,064,027
$ 8,564,027
3 Impact on the Community
Construction of Well 15 will support the City's ability to meet current water demand needs, particularly during periods of high demand or emergency conditions, including decreased State Water allocations or deliveries.

ATTACHMENT(S)
A. Resolution
B. Detailed Bid Results
C. Agreement
4 Attachment A
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING A BID TO HARTZELL GENERAL
ENGINEERING CONTRACTOR, INC.,

AND APPROVING AN AGREEMENT FOR THE
CONSTRUCTION OF WELL 15 EQUIPPING PROJECT,
BID NO. 2025-04, IN THE AMOUNT OF $4,778,257
WHEREAS, the City of Santa Maria formally advertised Well 15 Equipping Project, Bid No. 2025-04 ("Project"); and
WHEREAS, the Notice Inviting Bids was published and posted in compliance with applicable sections of the Public Contract Code; and
WHEREAS, the bid was issued and advertised through the City's e -Procurement Portal, PlanetBids, and publicly opened at 2:30 p.m. on September 18, 2025; and WHEREAS, Hartzell General Engineering Contractor, Inc., was determined to be the lowest responsive, responsible bidder who included all required documentation, bid bonds, and signatures; and
WHEREAS, an Environmental Review for this project was completed through the preparation of an Initial Study/Mitigated Negative Declaration for the City of Santa Maria Well 15 Drilling Special Project (SCH# 2024061097) pursuant to the California Environmental Quality Act State Guidelines.

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 to execute, agreement with Hartzell General Engineering Contractor, Inc., for the Well 15 Equipping Project, Bid No. 2025-04, for the amount of $4,343,870 and contingency of $434,387, for a total award of $4,778,257; 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 to approve Contract Change Orders so long as expenditures do not exceed funding approved for the project; and
///

Page 1 of 2 ends

Santa Maria City CouncilOctober 21, 2025

Santa Maria City Council
October 21, 2025