Agenda packet — Santa Maria City Council, October 21, 2025 (part 4 of 5)

Attachment A
SECTION 4. The City Manager, or designee, is hereby authorized to appropriate $3,064,027 to expenditure account 002-011-080-52-54, bringing the total project funding to $8,564,027 from Funds 002 and 027; of this total, $5.5 million was previously appropriated in Fiscal Year 2022-23 and does not require reauthorization; and SECTION 5. 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 B
City of Santa Maria
Bid Results for Project WELL 15 EQUIPPING PROJECT (2025-04) Issued on 07/22/2025
Bid Due on September 18, 2025 2:30 PM (PDT)
Line Totals (Unit Price ` Quantity)
Item Num Description
1 Mobilization/Demobilization Pipelines and Well Equipping 2 Environmental Mitigation and Compliance
3 Site Work and Grading - Well Site
4 Class II Base for Entire Site
5 Concrete Well Head, Well Building slab and Discharge Piping slab 6 Furnish and Install 10" DIP Waste Use
Furnish and install 12 -inch Ductile Iron Discharge Piping Header including valves, Fittings, Restraint 7 Fittings, Miscellaneous Appurtenances - ABOVE GROUND PIPING 8 14" buried Water Main Piping, fittings, ARV Piping and appurtenances -DIP 9 Well Pump, Column, Tube Shaft and Motor Assembly per Plans and Specifications 10 Well Enclosure Structure- Furnish and Install
11 Sheeting, Shoring and Bracing
12 Storm Water Pollution Prevention Construction Activities 13 Chain Link Fencing with 2 manual drive Gates and 2 walk -gates 14 Chemical Facilities Building, Chemical Pump, Chem Tanks & Eye Wash 15 Furnish and Install Sand Separator
16 Furnish and Install Bladder Type Surge Tank & piping with Concrete Foundation 17 Drainage/Infiltration Chambers
18 Storm Drain Piping (15 inch & 18 inch) and Well site exterior Grading 19 Trench Stabilization (3/4 compacted gravel 1 ft below and above pipe with Mirafi wrap) 20 Transformer Pad
21 Control Panel
22 Not Used
23 Electrical Main Service Conduit -4 inch Schedule 40 PVC with Pull Boxes 24 Fiber Optic Conduit - 2 inch Schedule 40 PVC and FOC with Pull boxes 25 Electrical Conduit and Wire - Within Well Site
26 Well Main Switchboard & MCC
27 Instrumentation- Equipment, Conduit and Wiring fully terminated and commissioning 28 Automatic Transfer Switch
29 Furnish and Install Generator Slab and Generator
30 Metal Building for Generator and Motor Control Center & Concrete foundation 31 Electrical Testing and Arc Flash Study
Miscellaneous Electrical work Including but not limited to Lights, Switches, Receptacles, Grounding, 32 etc. for complete project
Unit Quantity
LS 1
L5 1
LS 1
CY 300
LS 1
LF 2950
LS 1
LF 2930
EA 1
LS 1
LS 1
LS 1
LF 500
LS 1
EA 1
EA 1
LS 1
LF 320
LF 1000
L5 1
Ls 1
Ls 1
LF 3000
LF 3000
LS 1
L5 1
LS 1
LS 1
LS 1
LS
LS
L5
Hartzell General Engineering Contractor, Inc.

Brough Construction, Inc.

W. M. Lyles Co
The 1. F. Will Company, Inc.

Spiess Construction Co., Inc.

HPS Mechanical, Inc.

Canyon Springs Enterprises
Unit Price
Line Total
Unit Price
Line Total
Unit Price
Line Total
Unit Price
Line Total
Unit Price
Line Total
Unit Price
Line Total
Unit Price
Line Total
$418,000.00
$418,000.00
$82,000.00
$82,000.00
$200,000.00
$200,000.00
$352,935.00
$352,935.00
$299,920.00
$299,920.00
$274,000.00
$274,000.00
$350,000.00
$350,000.00
$23,000.00
$23,000.00
$38,000.00
$38,000.00
$3,270.00
$3,270.00
$126,900.00
$126,900.00
$50,600.00
$50,600.00
$35,000.00
$35,000.00
$30,000.00
$30,000.00
$135,000.00
$135,000.00
$92,000.00
$92,000.00
$52,110.00
$52,110.00
$98,101.00
$98,101.00
$114,425.00
$114,425.00
$375,000.00
$375,000.00
$250,000.00
$250,000.00
$217.00
$65,100.00
$200.00
$60,000.00
$130.00
$39,000.00
$108.13
$32,439.00
$162.53
$48,759.00
$250.00
$75,000.00
$165.00
$49,500.00
$29,000.00
$29,000.00
$34,000.00
$34,000.00
$67,590.00
$67,590.00
$62,020.80
$62,020.80
$78,775.00
$78,775.00
$158,000.00
$158,000.00
$125,000.00
$125,000.00
$145.00
$427,750.00
$260.00
$767,000.00
$200.00
$590,000.00
$211.65
$624,367.50
$273.20
$805,940.00
$322.71
$951,994.50
$269.00
$793,550.00
$215,000.00
$215,000.00
$202,500.00
$202,500.00
$245,930.00
$245,930.00
$287,754.80
$287,754.80
$221,375.00
$221,375.00
$270,000.00
$270,000.00
$240,000.00
$240,000.00
$186.00
$544,980.00
$312.00
$914,160.00
$260.00
$761,800.00
$279.75
$819,667.50
$338.71
$992,420.30
$300.00
$879,000.00
$387.00
$1,133,910.00
$439,000.00
$439,000.00
$475,000.00
$475,000.00
$485,700.00
$485,700.00
$486,490.40
$486,490.40
$532,501.75
$532,501.75
$470,000.00
$470,000.00
$585,000.00
$585,000.00
$70,000.00
$70,000.00
$59,000.00
$59,000.00
$67,970.00
$67,970.00
$40,922.40
$40,922.40
$104,650.00
$104,650.00
$90,000.00
$90,000.00
$95,000.00
$95,000.00
$10,000.00
$10,000.00
$65,000.00
$65,000.00
$8,800.00
$8,800.00
$40,497.60
$40,497.60
$69,000.00
$69,000.00
$15,000.00
$15,000.00
$55,000.00
$55,000.00
$29,000.00
$29,000.00
$16,400.00
$16,400.00
$37,800.00
$37,800.00
$67,604.80
$67,604.80
$40,250.00
$40,250.00
$15,000.00
$15,000.00
$38,000.00
$38,000.00
$110.00
$55,000.00
$105.00
$52,500.00
$210.00
$105,000.00
$183.99
$91,995.00
$96.95
$48,475.00
$100.00
$50,000.00
$167.00
$83,500.00
$163,000.00
$163,000.00
$245,000.00
$245,000.00
$250,200.00
$250,200.00
$198,956.26
$198,956.26
$332,350.00
$332,350.00
$225,000.00
$225,000.00
$350,000.00
$350,000.00
$131,000.00
$131,000.00
$135,000.00
$135,000.00
$150,700.00
$150,700.00
$134,484.60
$134,484.60
$156,400.00
$156,400.00
$185,000.00
$185,000.00
$170,000.00
$170,000.00
$151,000.00
$151,000.00
$164,000.00
$164,000.00
$104,700.00
$104,700.00
$116,666.50
$116,666.50
$218,500.00
$218,500.00
$225,000.00
$225,000.00
$195,000.00
$195,000.00
$32,000.00
$32,000.00
$32,000.00
$32,000.00
$15,200.00
$15,200.00
$23,682.84
$23,682.84
$49,335.00
$49,335.00
$60,000.00
$60,000.00
$150,000.00
$150,000.00
$122.00
$39,040.00
$180.00
$57,600.00
$240.00
$76,800.00
$136.21
$43,587.20
$124.70
$39,904.00
$296.88
$95,001.60
$388.00
$124,160.00
$58.00
$58,000.00
$108.00
$108,000.00
$300.00
$300,000.00
$165.83
$165,830.00
$47.15
$47,150.00
$85.00
$85,000.00
$77.75
$77,750.00
$35,000.00
$35,000.00
$19,000.00
$19,000.00
$56,000.00
$56,000.00
$55,422.00
$55,422.00
$37,720.00
$37,720.00
$45,000.00
$45,000.00
$35,000.00
$35,000.00
$155,000.00
$155,000.00
$9,600.00
$9,600.00
$181,200.00
$181,200.00
$83,265.52
$83,265.52
$96,945.00
$96,945.00
$125,000.00
$125,000.00
$150,000.00
$150,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$20.00
$60,000.00
$47.00
$141,000.00
$41.00
$123,000.00
$16.57
$49,710.00
$42.09
$126,270.00
$75.00
$225,000.00
$64.00
$192,000.00
$32.00
$96,000.00
$37.00
$111,000.00
$42.00
$126,000.00
$12.95
$38,850.00
$43.36
$130,080.00
$75.00
$225,000.00
$69.00
$207,000.00
$154,000.00
$154,000.00
$154,000.00
$154,000.00
$160,900.00
$160,900.00
$44,712.56
$44,712.56
$190,325.00
$190,325.00
$35,000.00
$35,000.00
$225,000.00
$225,000.00
$123,000.00
$123,000.00
$190,000.00
$190,000.00
$143,500.00
$143,500.00
$225,049.60
$225,049.60
$133,400.00
$133,400.00
$250,000.00
$250,000.00
$150,000.00
$150,000.00
$23,000.00
$23,000.00
$50,000.00
$50,000.00
$36,500.00
$36,500.00
$83,331.60
$83,331.60
$196,650.00
$196,650.00
$5,000.00
$5,000.00
$72,000.00
$72,000.00
$24,000.00
$24,000.00
$24,000.00
$24,000.00
$27,300.00
$27,300.00
$69,856.00
$69,856.00
$25,990.00
$25,990.00
$7,500.00
$7,500.00
$30,000.00
$30,000.00
$282,000.00
$282,000.00
$349,000.00
$349,000.00
$311,300.00
$311,300.00
$321,986.60
$321,986.60
$339,135.00
$339,135.00
$335,000.00
$335,000.00
$350,000.00
$350,000.00
$234,000.00
$234,000.00
$253,000.00
$253,000.00
$330,400.00
$330,400.00
$431,943.72
$431,943.72
$315,675.00
$315,675.00
$250,000.00
$250,000.00
$421,000.00
$421,000.00
$30,000.00
$30,000.00
$31,000.00
$31,000.00
$33,500.00
$33,500.00
$15,486.32
$15,486.32
$32,200.00
$32,200.00
$15,000.00
$15,000.00
$35,000.00
$35,000.00
$93,000.00
$93,000.00
$68,000.00
$68,000.00
$98,900.00
$98,900.00
$8,437.00
$8,437.00
$115,000.00
$115,000.00
$18,500.00
$18,500.00
$110,000.00
$110,000.00
Total
$4,343,870.00
Total
$4,998,760.00
Total
$5,191,070.00
Total
$5,242,954.12
Total
$5,990,120.05
Total $6,068,996.10
Total $6,872,370.00

Attachment C

AGREEMENT
THIS AGREEMENT, made and entered into this 21st day of October 2025, by and between Hartzell General Engineering Contractor, 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: Well 15 Equipping Project (PW Bid No. 2025-04), 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 FOUR MILLION, THREE HUNDRED FORTY-THREE THOUSAND, EIGHT HUNDRED SEVENTY DOLLARS.

Contract Price in Figures 54,343,870.00

3. Contractor agrees to complete said work within the contract time of three hundred (300) 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 twelve hundred ($1,200) dollars. Contractor hereby acknowledges that it has reviewed said provisions relating to liquidated damages and the amount thereof and accepts the same as being reasonable under the circumstances and as a material part of the consideration for this contract. Contractor also acknowledges that progress payments made after the scheduled completion date do not constitute a waiver of liquidated damages.

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: Hartzell General OWNER: City of Santa Maria a Engineering Contractor, Inc. Municipal Corporation
David W. Rowlands
Charles Hartzell City Manager
President
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:

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

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

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

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

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

Attachment C
B. Minimum Limits of Insurance
Provider shall maintain limits no less than:

1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

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

3. Workers' Compensation: Statutory limits.

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

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

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

C. Self -insured Retentions
Self -insured retentions must be declared to and approved by the City.

The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.

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

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.

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

COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Brett Fulgoni, Director of Public Works
DATE: October 21, 2025
SUBJECT: Adoption of a Resolution Approving the Award of a Professional Services Agreement to SZS Engineering Access, Inc. for the Americans with Disabilities Act (ADA) Self -Evaluation and Transition Plan Update
Description:

The City Council will consider approving a resolution awarding a Professional Services Agreement to SZS Engineering Access, Inc. for the preparation of the City's Americans with Disabilities Act (ADA) Self -Evaluation and Transition Plan Update.

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

RECOMMENDATION:

1. Adopt a Resolution approving the award of a Professional Services Agreement to SZS Engineering Access, Inc. for the Americans with Disabilities Act Self - Evaluation and Transition Plan Update in the amount of $599,735; and

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

BACKGROUND:

The City of Santa Maria is required under the Americans with Disabilities Act (ADA) to identify and remove barriers that limit access to City facilities, parks, sidewalks, and programs. The City's existing ADA Transition Plan requires updating to reflect current ADA and California Title 24 standards.

A Request for Proposals (RFP) was issued on July 11, 2025, with proposals due on August 14, 2025. The scope of work includes assessments of City -owned facilities, parks, sidewalks, and public rights -of -way; review of policies and procedures; community engagement; and preparation of an updated ADA Transition Plan. The plan will include prioritized recommendations, schedules, and cost estimates for barrier removal. Six qualified firms responded to the RFP.

DISCUSSION:

The selected consultant will conduct field evaluations, facilitate community workshops, and prepare a comprehensive ADA Transition Plan Update. Deliverables include ADA Facility and Park Assessment Reports, a Public Rights -of -Way Assessment Report, a Program and Policy Review, and the final Transition Plan in accessible digital and print formats. Optional services may include staff training and the development of an ADA grievance policy.

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 deliberation, SZS Engineering Access, Inc., was determined to be the most qualified firm to provide the required services.

Alternative(s)
The City Council may approve the award of the contract as recommended. Alternatively, the City Council may reject all proposals and direct staff to reissue the Request for Proposals.

Fiscal Considerations
The project will be funded through the Office of the City Manager and Public Works Department's budget, Measure A account (Alternative Transportation Enhancements).

The Professional Services Agreement will be awarded for a not -to -exceed amount of $599,735. The Measure A account will contribute $249,735 to this project. Currently $175,000 is included in the City Manager's FY 2025-26 budget for this project. The remaining $175,000 is anticipated to come from FY 2025-26 budget savings. Staff will return to City Council at Quarter 3 if a budget transfer is required for this item.

Impact on the Community
Updating the ADA Self -Evaluation and Transition Plan will improve accessibility to City facilities, parks, sidewalks, and programs, ensuring compliance with federal and state requirements while enhancing inclusivity for residents and visitors with disabilities.

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

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

APPROVING THE AWARD OF A PROFESSIONAL SERVICES
AGREEMENT TO SZS ENGINEERING ACCESS, INC. FOR THE

AMERICANS WITH DISABILITIES ACT SELF -EVALUATION AND
TRANSITION PLAN UPDATE IN THE AMOUNT OF $599,735
WHEREAS, the City of Santa Maria is required under the Americans with Disabilities Act (ADA) to evaluate and update its ADA Transition Plan to identify barriers and ensure compliance with accessibility standards; and WHEREAS, on July 11, 2025, the City issued a Request for Proposals (RFP) seeking qualified firms to prepare an ADA Self -Evaluation and Transition Plan Update; and
WHEREAS, six proposals were received and evaluated according to the criteria set forth in the RFP, and staff has determined that the most qualified consultant, SZS Engineering Access, Inc., has the necessary expertise and resources to perform the work; and
WHEREAS, the scope of work includes assessments of City facilities, parks, sidewalks, and public rights -of -way; stakeholder engagement; review of policies and procedures; and preparation of an updated ADA Transition Plan with prioritized recommendations and cost estimates.

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

SECTION 1. The City Council awards a Professional Services Agreement to SZS Engineering Access, Inc. for the Americans with Disabilities Act (ADA) Self -Evaluation and Transition Plan Update in the amount of $599,735.00; and SECTION 2. Authorize the City Manager or designee to execute agreement; 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.

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

Attachment B

AGREEMENT FOR PROFESSIONAL SERVICES
ADA Self -Evaluation and Transition Plan Update Services This Agreement is made on October 21, 2025, by and between SZS Engineering Access 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 fourteen months, 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 ADA Self -Evaluation and Transition Plan Update services. More specifically, Contractor agrees to perform the specific services listed in Exhibit "A."

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

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

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit "C." 1 Atty. Rev. 2021

Attachment B

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 ensure that this Agreement is incorporated by reference into any Agreement 2 Atty. Rev. 2021

Attachment B
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:

SZS Engineering Access Inc.

Attn: Syroun Z. Sanossian
428 J Street, Fl 4
Sacramento, CA 95814
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 B
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.

SZS ENGINEERING ACCESS, INC., a CITY OF SANTA MARIA, a Municipal California Corporation Corporation
By: Syroun Z. Sanossian 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 B
EXHIBIT "A"

SERVICES TO BE PERFORMED
Selected firms will be expected to perform a minimum of the following tasks either within their own forces or by the use of sub -consultants identified in consultant's proposal.

Tasks may include, but are not limited to the following:

Scope of Services
Task 1: Project Management
- Conduct a project kickoff meeting with City staff
- Develop and maintain a detailed project schedule and communications plan - Provide regular progress updates (e.g., biweekly check -ins) - Coordinate with various City departments as needed
Task 2: Public Outreach and Stakeholder Engagement
- Develop and implement a public participation plan
- Conduct at least two public meetings or workshops (in -person and/or virtual) - Develop outreach materials in accessible formats and multiple languages as appropriate
- Solicit and document input from people with disabilities, advocacy groups, and other stakeholders
- Provide summary reports of community engagement efforts Task 3: Facility and Park Barrier Assessments
- Conduct ADA accessibility surveys of City -owned facilities and parks not covered in the 2024 Parks Report
- Assess building entries, parking, routes, restrooms, counters, signage, and amenities - Provide detailed reports with photos, findings, and recommendations for each facility - Use current ADA and California Title 24 standards
Task 4: Public Rights -of -Way (PROW) Assessments
- Survey sidewalks, curb ramps, crosswalks, and pedestrian signals - Document deficiencies with location data, photos, and condition ratings - Use applicable PROWAG guidelines
- Recommend corrective actions and prioritization
Task 5: Program, Policy, and Procedures Review
- Conduct a review of City policies, programs, and practices - Interview staff or conduct surveys to evaluate service delivery and communication methods
- Identify areas needing auxiliary aids/services or modifications - Provide recommendations to improve programmatic access Atty. Rev. 2021

Attachment B
Task 6: Transition Plan Development
- Compile all findings into a comprehensive ADA Transition Plan - Include executive summary, legal overview, self -evaluation findings, barrier removal recommendations, schedule, and cost estimates
- Assign responsible departments and provide a monitoring framework - Format plan for digital and print publication, including accessible PDF Deliverables
- Project schedule and progress reports
- Public outreach summary report and documentation
- ADA Facility and Park Assessment Reports (with GIS-compatible data, photos, cost estimates)
- PROW Assessment Report (with GIS data)
- Programmatic and Policy Evaluation Report
- Final ADA Self -Evaluation and Transition Plan (editable format and accessible PDF) - Presentation to City Council or designated committee (if requested) Optional Services (Include as Separate Line Items)
- Development of an ADA Grievance Policy or update to existing policy - Interactive GIS-based dashboard or online map of barriers and remediation status - Staff training on ADA compliance and plan implementation Atty. Rev. 2021

Attachment B
EXHIBIT "B"

PAYMENT
I. Progress Authorization
Written authorization to proceed from the City authorizes the Consultant to generate the not -to- exceed cost of FIVE HUNDRED NINETY-NINE THOUSAND SEVEN HUNDRED THIRTY-FIVE DOLLARS ($599,735) in fees for all work.

Task 1: Project Management
Task 2: Public Outreach and Stakeholder Engagement
Task 3: Facility and park barrier assesments
task 4: public rights -of -way (prow) assesments
task 5: evaluate city's ict and website
task 6: program, policy, and procedures Review (Self -Evaluation) Task 7: Transition Plan Development
Reimbursables
$ 11,600
$ 12,320
$170,790
$234,285
$ 64,800
$ 21,980
$ 22,960
$ 61,000
Total Not -To -Exceed Cost: $599,735
II. Invoice procedure.

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

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

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

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

Atty. Rev. 2021

Attachment B

FEE SCHEDULE

SZS ENGINEERING - HOURLY RATES
)Prig cipai/SenlorProjectManager
Web Accessibility Specialist
Pol l car & Practice Specialist
Protect Manager
GIS Analyst
Project Coordinator
Field Investigators
Technical Staff
$ 200.910
$ 225.00
$ 180,00
$ 180.00
$ 175.00
$ 160.00
$ 13{7.(1x1
$ 80.00
Fees Indicated below shall be considered not to exceed amounts.

Hourly rate schedule will be far the entire duration of the contract in the proposal TASK 1: PROJECT MANAGEMENT
1: Conduct a project kickoff meeting with
City staff
Princi3aiiSeMex. Project ).tanager
6 $
200.00
$ 1,201100
Project Manager
4 $
:MOO
$ 720.00
2: (Deliverable) Develop and maintain a
detailed project schedule and
communications plan
Project Manager
3 S
180-00
$ 1,440.00
3: Provide regular progress updates (e.g.,
blweeklycheck-insl
Princlpal7`SeniorPra,,tctManager
16 $
200-Q0
$ 3,200,00
Project Manager
16 S
180.00
$ 2,$&0.0[9
4:Coordinate with various City departments
as needed
Project Manager
12 s
180€10
$ 2,130.00
TOTAL NOT TO EXCEED TASK L 62
$ 11,6n00
TASK 2: PUBLIC OUTREACH AND STAKEHOLDER ENGAGE:MLNT
J.: Develop and Implement a public
participation plan
Prirncipa1J5en leo Pro ectManager

1.6 $
201,00
$ 1200,00
JProectManager
8 $
180.00
$ 1,440.00
2: Conduct at leasttwopublic meetings or
workshops tin -person and/or virtual]
Principal/Senior Prole clt Manager
4 5
20000
S 800.00
Project Manager
4 $
180,00
$ 720,970
3: Develop outreach materials inaccessib'e
formats and multiple languages as
appropriate
Technical Staff
8 $
Xoo
S 840.9717
4: Solicit and document input from people
withdisabilities, advocacy groups, arid other
stakeholders
Technical Staff
8 $
811-00
$ E410,0)
5:{De111rtrahlt�Prcvidesummaryr reports of
community engagement efforts
PrntipalfSerilarProil ectManager
12 5
200.00
S 2,400,00
Project Manager
12 $
180.00
$ 2,160,00
Technical Staff
4 $

80.00 $ 3]0.110
TOTAL MOTTO EXCEED TASK 715
$ 12,320,00
TASK 3: FACILITY AND PARK BARRIER ASSESSMENTS
l: Compile necessary documentation and
prepare for field I nve5tigation5fsur4'ets
Project Manager
8 $
180.00
$ 1,440410
Project Coordinator
10 $
1G).40
$ 1,030.03
2: Conduct AC A accessibility surveys of Oty-
awned facilities and parks (Field Surveys}
Freldinvestigators {FACILITIES)
—
875
$
130.00
S 113,750,0]
3- Perform field survey data OA/QC Pro
jectCcaordInatiar
280
$
160.097
$ 44,800,00

4. (Deliverable) Create and prci.dedetailed
reports with photos, findings, and
recommendations f facility {with GIs-
rareathfaetll
camoat' ble data, photos, cost estimates)
Project Manager
30 $

1.80.970
$ 5,4CI3OS3
GIS Analyst
8 $
175.00
$ 1,400,00
Technical Staff
3:)
$
a70.00
$ 2,400.00
TOTAL NOTTU EXCTEP TASK i 3241
$ 1797,790.00
Atty. Rev. 2021

Attachment B
TASK, 4: PUBLIC RIGHT S-i7i-WA1t (PRO ASStr45M'.E tTS _ 1: Compile necessary documentation and
prepare for field investigations/surveys
Project Manager
3 5 180,00
S 1,440.00
Project Coordinator
8 $ lfz0.00
$ 1,280.{0
12: Survey sidewalks, curb ramps, crosswalks
and pedestrian signals and document
deficiencies with loultian data, photos, and
condition ratings {Field Surveys)
Field Investigators {PROW)
1695
$ 130,00
$ 220,350.40
I
3: (Deliverable) Create and provide a
detailed report and recommend corrective
actions and prioritization (with GIS Data)
Project Manager
15 $ 180.00
$ 2,700,OC1
GIS Analyst
45 $ 115.04
$ 7,$75.013
Technical Staff
a
$ 83.00
$ e410.00
TCTAI Nor TO E :Ea rk%4 - 1779 $ 234,255.00
TASK 5: EVALUATE THE;TTY's INFORMATION AND COMMUNICATIiJiN TECHNOLOGIES {ICT) AND WEBSrTE 1:Misc. MeetiigswithITSt7ff
Web Accessibility Specialist
4 $ 2:4,30
$ 900.00
2: Digital accessibility audit for City of Santa
Maria Web site and Report Web
Accessibility Specialist
€0
$ arc, co
$ ia,000. ]0
3: Digital accessibility audit of Oily Public
portal and Report t'r'p $
Web Acvessl bill Specialist
40 225.010
5 9;000.00
4: Digital accessibility audit for City Public
Records Center and Report
Web Accessibtllty Specialist
33 $ 225,00
$ 7,425.00
5: ice -Testing and Report for ail three
Components audited
web Accessibility Specialist
$0
$ 2225,x,
$ b3,Z743.00
6:Accessibility Conformance Report
Ccxmpletion
Web Accessibility Specialist
15 S 225.00
S 3,600,03
7: Technical Support During Renedlatlon
%'eb Accessibility Specialist
$ 225.OD
$ 5,625.007
TOTAL NOT TOESCEED TASK 5 _ $ 64, I,tMI
TASK 6: PROGRAM, POLICY, AND PROCEDURES REVIEV1/ (SELF -EVALUATION} 1: Conduct a review of all City PSA, polices,
procedures, and practices involving people
with disabilities.
(Policy&Practice Specialist
45 $ 150.3
$ $,11710;x010
2: Prepare and distribute staff
questionnaires
Project Manager
4 $ 180,00
$ 720.00
a: Analyze and tabulate results from
questionnaires
Policy & Practice Specialist
16 $ 180.03
$ 2880.03
(Technical Staff
4 $ gp,00
$ 320„00
4; Interview key Oily staff if necessary
Policy A, Practice Specialist
10 $ 150.03
$ 1,800..170
5: (Deliverable) Create and provide a
Programmatic arid Policy Evaluation Report
with recommendations to Improve
programmaticaccess
Principal/Senior-Project Manager
-
26 $ ..DO
$ 3 200.0;7
Policy& Practice Specialist
24 -
$ moo
$ 4,32i100
Technical Staff
a
$ arLoo
$ 640100
TOTAL NOT TO EXCEED TASK 3 - 1.27 5 21,980.00
TASK 7; ADA TRANSITION PLAN DEVELOPMENT
1• (Deliverable) Camplle all findings and
develop and provide the Draft
oomprehensive ADA Self -Evaluation and
Transition Plan Update
Principal/Senior Project Manager I
3D
$ 2100.00
—
$ 6,000.00
Project Manager
S 194.00
$ 1,60000
Technical Starf
16 $ 80.00
S 1,280.00
2 Assign responsible departments and
provide a monitoringframewonk
Project Manager
g
$ 18000 5
1,440.00
3: Format plan for digital and print
publication, indudingacceysihle PDF
Technical Staff
317
$ 90.00
S 2,400.00
4: (Deliverable)'Update, finalize and provide
the comprehensive ADA Self -Evaluation and
Transition. Plan, and PROW and Facility
nepnrts
Project Manager
12 $ l*rJ.OO
$ 2,110,00
GIS Analyst
8 $ 175.00
$ ;,440.40
Technical Staff
30 $ 80.00
$ 2,400.00
5: Presentation to Cats Councilor designated
committee
P nclpal/Senior Project Manager
6 S 200,00
$ 1,2€10.03
PmjectManager
6 S 180.00
S 1,480,00
TOTAL MOT Tt}ti6Clan TASI47 156 $ ?,960.O0
_
REIMFl%JRSABLES
Reimbursabtes
Travel (Gas arid Airfare
a 3,000.03'
Accommodations
5 40;000.00
PerDlem -
$ 18,1itJL7.cii1,
FCT1AL MOTTO EA6CEED REIMUUFSABLES $ 51,000.02 I
GRAND TOTAL 3739 $ 599,.133.011
Atty. Rev. 2021

Attachment B
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:

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 B
monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:

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

3. Workers' Compensation: Statutory limits.

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

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

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

C. Self -insured Retentions
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 B
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 B
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.

Atty. Rev. 2021

Attachment B
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 B
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 B
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

COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Brett Fulgoni, Director of Public Works
DATE: October 21, 2025
SUBJECT: Adoption of a Resolution Amending Professional Services Agreement with Finance DTA for the Growth Mitigation Nexus Fee Update Description:

The City Council will consider approving an amendment to the professional services agreement with Finance DTA.

RECOMMENDATION:

1. Adopt a Resolution amending professional services agreement K-PW-2023-052 with Finance DTA extending the term and approving an additional amount of $30,990 for the Growth Mitigation Nexus Fee Update; and

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

BACKGROUND:

City of Santa Maria awarded a professional services agreement to Finance DTA on January 15, 2024, following a formal request for proposals process. The purpose of the agreement is to update the Growth Mitigation Fee Nexus Study. The study is nearing completion, but additional time and scope is needed due to comments received at public engagement workshops.

DISCUSSION:

The original agreement, K-PW-2023-052, needs to be amended, to extend the term to December 31, 2025. Furthermore, the original not -to -exceed amount of the agreement is $68,890 and needs to be increased by an additional $30,990 in order to perform additional analysis and public engagement that was not included in the original scope of the agreement.

The original agreement contemplated six in -person meetings with City staff and the public. These six meetings have already been held. Additionally, as a result of the meetings, the public has requested additional analysis to calculate the fees on a project list basis. These lists are being refined and will require at least one additional public

engagement session, and a presentation to City Council. Staff anticipates bringing a final document to Council by the end of the year.

Alternative(s'
City Council may direct staff to terminate the contract or re -advertise the request for proposals to complete the study with the consultant chosen through that process. Each of these alternatives would require additional time and funds to complete the fee update.

This would maintain growth mitigation fee rates at the rate adopted in 2019, which have not been updated for inflation, construction cost increases, and the project lists have not been updated.

Fiscal Considerations
The approved budget for this study update was $120,000; these funds have not been reallocated to other projects. Approval of this amendment would still complete the study under the approved $120,000 amount previously budgeted.

Impact on the Community
Completion of the Growth Mitigation Fee Nexus Study will ensure that new development pays its way for capital improvements necessary to maintain existing levels of service as the City grows.

ATTACHMENT(S)
A. Resolution
B. Amended Professional Services Agreement
C. Finance DTA Scope and Fee Proposal
D. Original Professional Services Ag, K-PW-2023-052
2 Attachment A
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AMENDING PROFESSIONAL SERVICES AGREEMENT
K-PW-2023-052 WITH FINANCE DTA EXTENDING THE TERM
AND APPROVING AN ADDITIONAL AMOUNT OF $30,990

FOR THE GROWTH MITIGATION NEXUS FEE UPDATE
WHEREAS, City of Santa Maria and Finance DTA entered into agreement K-PW- 2023-052 on January 15, 2024; and
WHEREAS, the original professional services contract scope and term are nearing completion and additional tasks and time are needed to satisfactorily complete the Growth Mitigation Nexus Fee update; and
WHEREAS, Finance DTA has provided a proposal scope and fee that has been reviewed and approved by the Public Works Department to complete the Growth Mitigation Nexus Fee update.

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

SECTION 1. Approving Contract K-PW-2023-052 as amended to increase the not -to -exceed amount by $30,990 for a total contract amount of $99,880. Contract K-PW- 2023-052 is also amended to extend the term to December 31, 2025; and SECTION 2. Authorize the City Manager or designee to execute amended agreement; 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.

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

Attachment B
AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES
This Amendment No. 1 to that certain Agreement for Professional Services Contract No.

K-PW-2023-052, dated January 15, 2024, by and between the City of Santa Maria and Finance DTA (the "Agreement") is made on, by and between, Finance DTA, 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:

1. WHEREAS, the City of Santa Maria ("City") and Finance DTA ("Contractor") entered into that certain Agreement for Professional Services dated January 15, 2024, for Professional Services to prepare Growth Mitigation Fee Nexus Study (the "Agreement"); and

2. WHEREAS, the City has modified the scope of work for the agreement which requires additional time and tasks; and

3. WHEREAS, the parties desire to amend the Agreement to incorporate the additional scope of work consistent with the objectives, goals, and activities set forth in the Agreement, including the Final Impact Fee Methodology Report deliverable; and

4. WHEREAS, the parties wish to extend the Agreement's term through December 31, 2025, to allow for completion of the additional scope of work; NOW, THEREFORE, IT IS AGREED:

1. The scope of services is expanded to include all work necessary to implement the City's desired changes to reflect the coordination between the City, Contractor, and public engagement with development community, as set forth in the proposal prepared by Contractor and corresponding task authorizations issued by the City.

2. This Agreement shall have a not -to -exceed amount of $30,990 during the extension period, based on the scope and rate identified in Contractor's Proposal dated September 22, 2025.

3. The Agreement's term is hereby extended to expire at 11:59 p.m. on December 31, 2025.

4. All other terms of the Agreement remain unchanged.

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

Atty. Rev. 2022

Attachment B
FINANCE DTA, a California Corporation CITY OF SANTA MARIA, a Municipal Corporation
Kuda Wekwete
Managing Director Brett Fulgoni
Public Works Director
ATTEST:

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

Risk Manager
City Attorney
Atty. Rev. 2022

PROPOSAL
AB 1600 DEVELOPMENT IMPACT

FEE STUDY UPDATE
September 22, 2025

CITY OF SANTA MARIA
SUBMITTED BY:

Kuda Wekwete
Managing Director
18201 Von Karman Avenue, Suite 220
Irvine, CA 92612
(800) 969-4382
[email protected]

Attachment C
dta
www.FinanceDTA.com % 18201 Von Karman Avenue, Suite 220 Irvine, CA 92612

CITY OF SANTA MARIA
AB 1600 DEVELOPMENT IMPACT FEE STUDY UPDATE
SEPTEMBER 22, 2025
Prepared for:

City of Santa Maria
Public Works Department
110 S. Pine Street, Suite 221
Santa Maria, CA 93458
Attention: Mark Mueller, Principal Civil Engineer
Project Contact:

Ruda Wekwete
Managing Director, DTA
18201 Von }Carman Avenue, Suite 220
Irvine, CA 92612
Phone: (800) 969-4DTA x204

Attachment C
TABLE

OF CONTENTS

SECTION PAGE
I SCOPE OF WORK 1
II COST PROPOSAL 3
A Disclaimer 3
B Limitations 4

Attachment C
www.FinanceDTA.com/
dta

I SCOPE OF WORK

SECTION I

SCOPE OF WORK
DTA Public Finance, Inc. ("DTA"), formerly David Taussig Fr Associates, is pleased to submit this proposal to the City of Santa Maria (the "City"). It is our understanding that the City is seeking a proposal to update the previously provided Assembly Bill ("AB") 1600 Development Impact Fee ("DIF") Nexus Study ("Fee Study") by evaluating all departments using a Plan -Based Methodology. This updated study would recommend the appropriate fee justification methodology and fee levels to support specific types of City -selected capital facilities needed to serve new growth. Work products stemming from the work plan described in this section will include a memorandum ("memo") summarizing the fee methodology and rewriting the Nexus Study to accommodate the Plan -Based Methodology.

Task 1- Review Facility/Capital Needs and Levels of Service This task entails the review of the facilities and capital needs required to serve new development pursuant to the City's inventory list provided September 5, 2025 ('Inventory List"). DTA will consider updates to the City's current impact fees related to Police Facilities, Fire Facilities, Library Facilities, Traffic Facilities, Utilities Administration, Park Recreation Facilities, Storm Drain Facilities, Consolidated Corporate Yard, Water Facilities, and Wastewater Facilities.
1A Facilities List: Based on the Inventory List provided by the City, DTA shall prepare a facilities needs list that details the new facilities and equipment to serve new development in the City. 1B Review Cost Estimates: DTA's engineering and technical staff will, as necessary, apply inflation and cost -of -living escalators to the City's inventory to determine future costs, review and/or refine existing cost data, examine major sources of revenue to fund the construction of new public facilities, and provide a proportional estimate between projected costs for new facilities and estimated revenue from mitigation fees and other sources.

Task 2 - Determine Fee Levels
This task entails calculating the fee amounts based upon the dwelling unit and commercial/industrial development projections, facilities needs, and costs determined by applying the Plan -Based Methodology.
2A Calculate Recommended Fee Amounts: DTA shall calculate fees for the City by computing each fee to be levied. This work will be done in a spreadsheet format. DTA will also evaluate this data in comparison to surrounding cities so as to arrive at comparable and palatable fee levels.
2B Document Fee Derivation: DTA shall document the methodology utilized for the fee calculation model in such a way that can be understood by the City and public. DTA shall prepare written statements documenting the validity of the methodology for deriving each of the fees for the City. These statements will be made to meet the requirements of AB 1600 and documented in the Final Report discussed below.

Deliverables: Proposed Fee Levels; Brief Report on Similar Jurisdictions' DIFs, Including a Summary Table City of Santa Maria September 22, 2025
Proposal for AB 1600 Development Impact Fee Study Update 1 Attachment C
dta
www.FinanceDTA.com

SECTION I

SCOPE OF WORK
Task 3 — Prepare Draft and Final Reports
This task entails the preparation of the Draft and Final Reports for consideration by the City Council and City staff.
3A Prepare Draft Report for Comments: DTA will prepare the Draft Report for review and consideration by City staff. The Draft Report will be prepared under the standards of AB 1600 and is expected to include an executive summary, population projections, the facilities and improvements list, fee calculations, recommended fee levels, and the suggested process for keeping fees current.
3B Prepare Final Report: Based on the incorporation of City staff comments and concerns on the Draft Report, DTA will prepare the Final Report for presentation to the City Council and City staff.

Deliverables: Draft and Final Reports
Task 4 - Attend Meetings and Public Outreach
DTA will attend up to two (2) virtual meetings to meet with City staff, two (2) virtual meetings to meet with the development community, and one (1) in -person meeting to meet with the City Council.

City of Santa Maria September 22, 2025
Proposal for AB 1600 Development Impact Fee Study Update 2 Attachment C
dta
www.FinanceDTA.com

II COST PROPOSAL

SECTION II

COST PROPOSAL
Fees for services shall be charged on an hourly basis according to the rates set forth in the fee schedule below, with invoices being submitted to the City monthly. The estimated fee for the Fee Study shall not exceed $28,990 for the Scope of Work, plus $2,000 in out-of-pocket expenses. Fees for services shall be charged according to the professional services fee schedule identified in Table 1.

For your reference, DTA's hourly rate schedule is provided in the table below.

Table 1: DTA's Fee Schedule
Labor Category
Labor Rate
President/Managing Director
$325/Hour
Senior Vice President
$300/Hour
Vice President
$275/Hour
Senior Manager
$230/Hour
Manager
$215/Hour
Senior Associate
$195/Hour
Associate III
$185/Hour
Associate II
$175/Hour
Associate I
$160/Hour
Research Associate II
$150/Hour
Research Associate I
$135/Hour
Out-of-pocket and administrative expenses shall be equal to 3% of DTA's billings for labor, plus travel expenses and any outside vendor payments, not to exceed $2,000. All hourly rates for services apply through June 30, 2026, and are subject to a cost -of -living increase at that time. On or about the first two weeks of each month during which consulting services are rendered hereunder, DTA shall present to the City an invoice covering the current consulting services performed and reimbursable expenses incurred pursuant to this Notice of Authorization. Each invoice submitted for payment shall contain a brief description of the work billed on that invoice, total billed to date, total paid to date, and amount remaining. Invoices shall be paid by the City within 30 days of the date of each invoice. A 1.2% charge may be imposed monthly against accounts that are not paid within 45 days of the date of each invoice. The prevailing party in any legal action brought by one party against the other and arising out of this Consultant Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' fees.

A Disclaimer
While DTA has a fiduciary responsibility as a licensed Municipal Advisor, DTA is not, unless otherwise stipulated, acting as the City's Municipal Advisor. The services discussed herein do not constitute any financial advice or fall under the category of municipal advisory services as defined by the SEC.

City of Santa Maria September 22, 2025
Proposal for AB 1600 Development Impact Fee Study Update 3 Attachment C
dta
www.FinanceDTA.com
B Limitations

SECTION II

COST PROPOSAL
The labor costs in the table above include up to two (2) virtual meetings to meet with City staff, two (2) virtual meetings to meet with the development community, and one (1) in -person meeting to meet with City Council. Attendance at more than one (1) in -person meeting, detailed written responses to resolve disputes, or the preparation of more than one set of major revisions to the Draft Report will be classified as additional work and may require further billing at the hourly rates identified in Table 1 if the maximum fee level has been exceeded. Other examples of additional work shall include:
• Additional analyses based on revised assumptions requested by the City, including possible changes in the needs list, infrastructure costs, population projections, future land uses, and related data once the preparation of the Draft Report has been initiated, as well as adjustments to assumptions once the Draft Report has been approved; • Additional meetings or lengthy negotiations with stakeholders, including representatives of the Building Industry Association ("BIA");
• Tasks related to litigation by stakeholders should it occur once the Fee Study has been completed; • Any work related to litigation or any claim or liability arising out of or incident to the April 12, 2024, U.S. Supreme Court decision in Sheetz vs. County of El Dorado asking the California courts to reevaluate impact fees adopted under the California Mitigation Act to ensure they do not violate the U.S. Constitution's Fifth Amendment Takings Clause, including but not limited to expert witness services; and
• Actual implementation of the fee program(s); and
The maximum fee listed above assumes the review and implementation of the fee program with a schedule between initiation of services and public outreach that is within the proposed time frame according to the City's specifications.

City of Santa Maria September 22, 2025
Proposal for AB 1600 Development Impact Fee Study Update 4 Air
www.FinanceDTA.corn
Attachment C
18201 VON KARMAN AVENUE, SUITE 220
IRVINE, CA 92612
PHONE: (800) 969-4DTA
Public Finance
Public -Private Partnerships
Development Economics
Clean Energy Bonds

Attachment D

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made on January 15, 2024, by and between Finance DTA, a California Corporation ("Consultant"), 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 does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Consultant to provide manpower to complete the Project; and
WHEREAS, Consultant is registered or licensed in California to perform desired 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 thirty weeks, 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. Consultant shall determine the method, details, and means of providing an update to the City of Santa Maria's AB 1600 Development Impact Fee Program. More specifically, Consultant 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 Consultant in the performance of the contract and timely pay invoices.

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

2.05. Insurance. Consultant shall provide insurance as listed in Exhibit "C."

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

3. Consultant's Obligations.

3.01. Minimum Amount of Service. Consultant shall devote sufficient time to perform services under this agreement efficiently and effectively. Consultant may represent, perform services for, and be employed by additional individuals or entities, in Consultant'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, Consultant will supply all tools and equipment necessary to perform this Agreement.

3.03. Status. Consultant (including its employees) is an independent consultant. No employer/employee relationship exists between Consultant and the City.

Consultant'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 Consultant under this agreement.

3.04. Indemnification. To the fullest extent permitted by law, the Consultant 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 Consultant or the acts or omissions of an employee, agent or subcontractor of the Consultant. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

4. Miscellaneous

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

To City:

Attn.: David Beas
110 South Pine Street, Suite 221
Santa Maria, CA 93458
To Consultant:

Attn.: Kuda Wekwete
18201 Von Karman Avenue, Suite 220
Irvine, CA 92612
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. Consultant 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.
2 Atty. Rev. 2021

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

4.09. Submittals. In addition to any other submittals required by this agreement, Consultant 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, Consultant and all SubContractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.

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

CONSULTANT CITY OF SANTA MARIA, a political
subdivision of the State of California
10/tola Welfwete
Kuda Wekwete (Jan 25, 2.024 11:03 PST)
.A.Cc-R70
By: Kuda Wekwete By: Alex Posada
Managing Director Interim City Manager
ATTEST:

Sarah Lahsbuhgh
Sarah Lansburgh (Feb_5. 2024 F:o, PST)
Sarah Lansburgh
Chief Deputy City Clerk 02/15/2024
3 Atty. Rev. 2021
APPROVED AS TO FORM:

Jeffr �,t I (Feb 13, 2024 13:21 PST)
City Attorney
Nteliicytt7 44ccerre- o-
Mcllissa Guerrero (Feb13,2024 13:15 PST)
Risk Manager

EXHIBIT "A"

SERVICES TO BE PERFORMED

PROPOSED SCOPE OF WORK
Work products stemming from the work plan described in this section will include a memorandum ("memo") summarizing the fee methodology options, Draft Study and Ordinance, and Final Study and Ordinance.

Task 1— Development of Project Strategy and Kickoff Meeting DTA staff will meet with City staff in a project kickoff meeting to finalize the details of the project, deliverables, timetables, and tasks, discuss the fee methodologies and best practices, identify needed information (i.e., reports, project/needs lists, stakeholder groups, data, etc.), prepare the final schedule, discuss the public process, and resolve other concerns, as appropriate.

Task 2 — Develop Population and Dwelling Unit Projections DTA will compile and document existing and future population and development estimates for the City. The projections resulting from this task will ultimately calculate fee levels. This task comprises four subtasks.

Subtask 2A— Population Projections
DTA will gather existing information on present and future population for the City from various sources, including City staff, the General Plan, existing Master Plans, the U.S. Census, the Santa Barbara County Association of Governments ("SBCAG"), the State Department of Finance, and from other data sources, including the City's CIP.

Subtask 2B — Conduct Entitlement Research and Projections DTA will coordinate with the City Planning Division to determine existing and future residential and non- residential development within the City over the planning horizon. To complete this subtask, DTA will review the General Plan/CIP and related plans to determine expected development land use patterns in the City, assess City records to identify existing entitlements for dwelling units and commercial/industrial development, work with City staff to evaluate development infill development patterns and projects, and project the number of new dwelling units and commercial/industrial development based on existing entitlements and population projections for the next 20 years, or such other target year as selected by City staff.

Subtask 2C — Review Current City Fee Structure
DTA shall review and summarize the City's current development fee structures, City policies and procedures, and other regulatory requirements affecting potential fee structures and revenue program requirements.

Subtask 2D — Review Prior City Fee Justification Studies DTA shall review the approach and methodology utilized in prior City fee justification studies so they can be evaluated in light of the City's current needs.

EXHIBIT "A"
Atty. Rev. 2021

Task 3 — Review Facility/Capital Needs and Levels of Service This task entails the review of the facilities and capital needs required to serve new development in the study area projected in Task 2. DTA will use existing City materials as base documents and focus our effort on updating this information.

For any fee program to be comprehensive in its scope, it is necessary to complete a thorough identification and review of all the facilities that will be impacted by additional growth, including those already discussed in the General Plan or CIP. This task will require close coordination with all appropriate City departments. DTA will consider updates to the City's current impact fees related to the Consolidated Corporate Yard, City Hall, recreation and parks, police facilities, fire facilities, library facilities, traffic facilities, water facilities, and wastewater facilities.

Subtask 3A—Survey/Interview City Staff
DTA shall survey/interview City staff to review projected facilities in the City, along with major equipment needs, the timing at which improvements will be needed, and any physical data that would assist in developing the costs estimated below in Subtask 3C. Based upon the results of the surveys and interviews, DTA will verify and, if appropriate, expand the list of new facilities found in the General Plan/CIP to be included within the fee program for the City.

Subtask 3B — Facilities List
Based on the information collected in Subtask 3A, DTA shall prepare a facilities needs list that details the new facilities and equipment to serve new development in the City.

Subtask 3C — Review Cost Estimates
DTA's engineering and technical staff will, as necessary, consult with City department heads and/or engineering staff or equivalent to ascertain and understand in-house cost data for existing and projected facilities and equipment, apply inflation and cost -of -living escalators to the list of projected public facilities to determine future costs, review and/or refine existing cost data, examine major sources of revenue to fund the construction of new public facilities, and provide a proportional estimate between projected costs for new facilities and estimated revenue from mitigation fees and other sources.

Subtask 3D — Infrastructure or Facilities Improvement Plan DTA will prepare an Infrastructure or Facilities Improvement Plan that reflects the costs of infrastructure, improvements, real property, financing, other capital and associated appurtenances, equipment, vehicles, furnishings, and other eligible items that are associated with meeting future needs necessary for public services as allowed per State statutes.

Deliverables: Memo Summarizing Infrastructure Needs and Estimated Costs Task 4 — Develop Methodology for Calculating New Fee Amounts This task entails developing the methodology used to establish the fee amount for each fee component to the extent appropriate. There are two critical issues that must be considered in developing a fee program. The fee program must generate revenues in a timely manner and the methodology must meet the nexus or benefit requirements of AB 1600. Since fees of any sort are controversial, it is critical that any fee established be legally defensible.

EXHIBIT "A"
Atty. Rev. 2021

DTA's Fee Study methodology must meet the nexus or benefit requirements of AB 1600, which requires that there be a nexus between the fees imposed, use of the fees, and development projects on which the fees are imposed.

Furthermore, there must be a relationship between the amount of the fee and cost of the improvements. In order to impose a fee as a condition for a development project, the methodology must accomplish the following:
■ Identify the purpose of the fee;
■ Determine the use to which the fee is to be put; if the use is financing public facilities, the facilities must be identified;
■ Establish if there is a reasonable relationship between the fee's use and type of development project on which the fee is imposed; and
■ Ascertain if there is a reasonable relationship between the need for the public facility and type of development project on which the fee is being imposed.

Implicit in these requirements is a stipulation that a public agency cannot impose a fee to cure existing deficiencies in public facilities or improve public facilities beyond what is required based on the specific impacts of new development. The benefit methodology established in this task will be documented in the Final Report.

DTA shall prepare a memo to be submitted to City staff summarizing available methodologies and their respective pros and cons and providing detailed examples of other cities', counties', or agencies' impact fee programs. The memo will also discuss, as applicable, context -sensitive adjustments and "credits" for capital improvements required as part of a project application. DTA will recommend a Fee Expenditure Plan to ensure that projects can be fully funded and implemented within any required time limits for expenditures of such funds, as well as possible flexibility to allow collected fees to be used to provide the City with a match for grant applications. Finally, the memo will include recommendations for methodology and next steps. Upon review and discussion by City staff, a methodology will be selected.

Deliverable: Memo Summarizing the Fee Methodology Options Task 5 — Determine Fee Levels
This task entails calculating the fee amounts based upon the dwelling unit and commercial/industrial development projections completed in Task 2, facilities needs and costs determined in Task 3, and methodology selected in Task

4. Subtask 5A— Calculate Recommended Fee Amounts
DTA shall calculate fees for the City by inputting the data compiled under the preceding tasks and computing each fee to be levied. This work will be done in a spreadsheet format that can be updated annually. DTA will also evaluate this data in comparison to surrounding cities so as to arrive at comparable and palatable fee levels.

Subtask 5B — Document Fee Derivation
DTA shall document the methodology utilized for the fee calculation model in such a way that can be understood by the City and public. DTA shall prepare written statements documenting the validity of the methodology for deriving each of the fees for the City. These statements will be made to meet the requirements of AB 1600 and documented in the Final Report discussed below.

EXHIBIT "A"
Atty. Rev. 2021

Deliverables: Proposed Fee Levels; Brief Report of Similar Jurisdictions' DIFs, Including a Summary Table Task 6 — Prepare Draft and Final Reports
This task entails the preparation of the Draft and Final Reports for consideration by the City Council and City staff.

Subtask 6A— Prepare Draft Report for Comments
Based on the work completed in Tasks 1-5, DTA will prepare the Draft Report for review and consideration by City staff. The Draft Report will be prepared under the standards of AB 1600 and is expected to include an executive summary, population projections, the facilities and improvements list, areas of benefit (if applicable), fee calculations, recommended fee levels, and the suggested process for keeping fees current.

Subtask 6B — Prepare Final Report
Based on the incorporation of City staff comments and concerns on the Draft Report, DTA will prepare the Final Report for presentation to the City Council and City staff.

Deliverables: Draft and Final Reports
Task 7 — Outline Tasks Required for the Implementation and Administration of the Fee Program DTA will prepare a list of tasks required of the City once they have adopted their new fee program. These tasks include the determination of actual fee levels if the City decides not to impose the maximum fee levels allowed under the Fee Study, the implementation of the fee credit program, and other issues the City may face when implementing the fee program. In addition, DTA shall prepare a Draft Ordinance to adopt the fee program, subject to review and approval by the City's legal counsel.

Deliverables: Draft and Final Ordinance
Task 8 — Attend Meetings and Public Outreach
The City's RFP requires the consultant's attendance at numerous meetings/workshops, including the kickoff meeting, with the City Manager (or similar), other City staff, focus groups, stakeholders, advisory bodies, and the City Council to present information regarding the status of the impact fee program update, draft study, and Final Report to obtain input. Seven (7) meetings to meet with City staff, the development community, Planning Commission, and the City Council will be held on -site in Santa Maria, including the kickoff meeting, while the remainder of the meetings shall be conducted virtually via an online meeting software.

Notably, during these meetings, DTA will take into account community and stakeholder input. For this purpose, DTA will develop handouts for these meetings that summarize the findings and analysis from the Public Review Draft. DTA will also prepare and distribute updated information, as necessary, to facilitate discussion in Focus Group Meetings DTA is unable to attend.

EXHIBIT "A"
Atty. Rev. 2021

Attachment D
EXHIBIT "B"

PAYMENT
I. Progress Authorization
Written authorization to proceed from the City authorizes the Consultant to generate the not -to -exceed cost of SIXTY-EIGHT THOUSAND EIGHT HUNDRED AND NINETY DOLLARS ($68,890) in fees for all work.

Task 1: Development of Project Strategy and Kickoff Meeting Task 2: Develop Population and Demographic Projections
Task 3: Review Facility/Capital Needs and Levels of Service Task 4: Develop Methodology for Calculating New Fee Amounts Task 5: Determine Fee Levels and Document Comparative Fees Task 6: Prepare Draft and Final Impact Fee Methodology Reports Task 7: Outline Tasks Required for the Implementation and Administration of the Fee Program
Task 8: Attend Six (6) Additional In -Person and Virtual Meetings and Conduct Public Outreach
Out -of -Pocket Expenses (Maximum):

Total Not -To -Exceed Cost: $68,890
I I . Invoice procedure.

A. Payment shall be monthly of the Project based on the billable charges. $3,860
$4,800
$9,640
$10,000
$7,700
$10,800
$4,720
$14,370
$3,000
B. The Consultant shall present the bill for charges from the previous month.

C. C. The Consultant's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, 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".

IV. Consulant Fee Schedule (continued on next page)
EXHIBIT "B"
Atty. Rev. 2021

Attachment D

PROJECT BUDGET ESTIMATE AND FEE SCHEDULE
Fees for services shall be charged on an hourly basis according to the rates set forth in the fee schedule below, with invoices being submitted to the City monthly. The estimated fee for services is not to exceed $68,890 for the Fee Study, including out-of-pocket expenses. Further work at that point would require additional fees.

Notably, the figures listed in Table 1 for each task are just estimates and the charges assigned to any one task may be transferred to another task, as long as the overall invoices submitted by DTA do not exceed $68,890, including out-of-pocket expenses. Fees for services shall be charged according to the professional services fee schedule identified in Table 2. Please refer to Section IV of the enclosed proposal for a project schedule for the Fee Study.

Table 1: Proposed Budget
Description
Title
Hourly Rate
Est. Hours
Total Cost
Task #1: Development of Project
Strategy and Kickoff Meeting
President/MD
$290
4 $1,160
Senior Vice President
$275
4 $1,100
Vice President
$250
0 $0
Manager
$200
8 $1,600
Associate II
$165
0 $0
Task 1 16
$3,860
Task #2: Develop Population and
Demographic Projections
President/MD
$290 6 $1,740
Senior Vice President
$275 0 $0
Vice President
$250 0 $0
Manager
$200 12 $2,400
Associate II
$165 4 $660
Task 2
22 $4,800
Task #3: Review Facility/Capital Needs
and Levels of Service
President/MD
$290
8 $2,320
Senior Vice President
$275
0 $0
Vice President
$250
8 $2,000
Manager
$200
20 $4,000
Associate II
$165
8 $1,320
Task 3 44
$9,640
Task #4: Develop Methodology for
Calculating New Fee Amounts
President/MD
$290 12 $3,480
Senior Vice President
$275 0 $0
Vice President
$250 8 $2,000
Manager
$200 16 $3,200
Associate II
$165 8 $1,320
Task 4 44 $10,000
Task #5: Determine Fee Levels and
Document Comparative Fees
President/MD
$290
8 $2,320
Senior Vice President
$275
0 $0
Vice President
$250
4 $1,000
Manager
$200
12 $2,400
Associate II
$165
12 $1,980
Task 5
36 $7,700
EXHIBIT "B"
Atty. Rev. 2021

Attachment D
Description
Title
Hourly Rate
Est. Hours
Total Cost
Task #6: Prepare Draft and Final Impact
Fee Methodology Reports
President/MD
$290
12 $3,480
Senior Vice President
$275
0 $0
Vice President
$250
0 $0
Manager
$200
30 $6,000
Associate II
$165
8 $1,320
Task 6 50
$10,800
Task #7: Outline Tasks Required for the
Implementation and Administration of
the Fee Program
President/MD
$290 8 $2,320
Senior Vice President
$275 0 $0
Vice President
$250 0 $0
Manager
$200 12 $2,400
Associate II
$165 0 $0
Task 7 20 $4,720
Task #8: Attend Six (6) Additional In-
Person and Virtual Meetings and
Conduct Public Outreach
President/MD
$290 18 $5,220
Senior Vice President
$275 6 $1,650
Vice President
$250 6 $1,500
Manager
$200 30 $6,000
Associate II
$165 0 $0
Task 8 60 $14,370
Total Not to Exceed
President/MD
$290 76
$22,040
Senior Vice President
$275 10
$2,750
Vice President
$250 26
$6,500
Manager
$200 140
$28,000
Associate II
$165 40
$6,600
Subtotal 292
$65,890
Out -of -Pocket Expenses (Maximum)
$3,000
Total Not to Exceed I $68,890
For your reference, DTA's hourly rate schedule is provided in the table below.

Table 2: DTA's Fee Schedule
Labor Category
Labor Rate
President/Managing Director
$290/Hour
Senior Vice President
$275/Hour
Vice President
$240/Hour
Senior Manager
$220/Hour
Manager
$190/Hour
Senior Associate
$180/Hour
Associate III
$175/Hour
Associate II
$165/Hour
Associate I
$150/Hour
Research Associate II
$140/Hour
Research Associate I
$125/Hour
The City's RFP requires the consultant's attendance at numerous meetings/workshops, including the kickoff meeting, with the City Manager (or similar), other City staff, focus groups, stakeholders, advisory bodies, and the City Council to present information regarding the status of the impact fee program update, draft study, and Final Report to obtain input. Seven (7) meetings to meet with City staff, the development community, Planning Commission, and the City Council will be held on -site in Santa Maria, including the kickoff meeting, while the EXHIBIT "B"
Atty. Rev. 2021

Attachment D
remainder of the meetings shall be conducted virtually via an online meeting software. Attendance at any additional in -person meeting shall be billed on a time and materials basis, not to exceed $3,600.

Out-of-pocket and administrative expenses are included in the maximum budget listed above and shall be equal to 3% of DTA's billings for labor, plus travel expenses and any outside vendor payments, not to exceed $3,000. All hourly rates for services apply through December 31, 2024, and are subject to a cost -of -living increase. On or about the first two weeks of each month during which consulting services are rendered hereunder, DTA shall present to the City an invoice covering the current consulting services performed pursuant to this Notice of Authorization. Invoices shall be paid by the City within 30 days of the date of each invoice. A 1.2% charge may be imposed monthly against accounts that are not paid within 45 days of the date of each invoice. The prevailing party in any legal action brought by one party against the other and arising out of this Consultant Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' fees.

A Limitations
The labor costs in the table above include attendance at a total of seven (7) formal in -person meetings with City staff, the development community, Planning Commission, and the City Council, virtual meetings with City department personnel, and periodic conference calls with City staff. Attendance at more than seven (7) in -person meetings, detailed written responses to resolve disputes, or the preparation of more than one set of major revisions to the Draft Report will be classified as additional work and may require further billing at the hourly rates identified in Table 2 if the maximum fee level has been exceeded. Other examples of additional work shall include:
• Additional analyses based on revised assumptions requested by the City, including possible changes in the needs list, infrastructure costs, population projections, future land uses, and related data once the preparation of the Draft Report has been initiated, as well as adjustments to assumptions once the Draft Report has been approved;
• Additional meetings or lengthy negotiations with stakeholders, including representatives of the BIA; • Tasks related to litigation by stakeholders should it occur once the Fee Study has been completed; • Time expended related to obtaining data assigned to the City under "Information to be Provided by the City";
• Actual implementation of the fee program(s); and
• More than five (5) hardcopies of the Draft or Final Study and Ordinance.

The maximum fee listed above assumes the review and implementation of the fee program with a schedule between initiation of services and public outreach that is within the proposed time frame according to the City's specifications.

EXHIBIT "B"
Atty. Rev. 2021

Attachment D
EXHIBIT "C"

INSURANCE

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 D
monitoring expenses with limits sufficient to respond to these obligations.

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.

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

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

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. 2017

Attachment D
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.

Atty Rev. 2017

Attachment D
K-PW-2023-052_City of Santa Maria_Finance
DTA
Final Audit Report
2024-02-15
Created: 2024-01-15
By: Yoselyn Moreno ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAASr6sPM2Fr1V-mPsi4uX6r8VbIQ7V5hsx "K-PW-2023-052_City of Santa Maria_Finance DTA" History Document created by Yoselyn Moreno ([email protected]) 2024-01-15 - 10:02:08 PM GMT
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TO:

FROM:

DATE:

SUBJECT:

COUNCIL AGENDA REPORT
Mayor and City Council
Brett Fulgoni, Director of Public Works
October 21, 2025
Adoption of a Resolution Authorizing Final Payment and Reaffirmation of Santa Maria Regional Transit Electric Bus Purchase Through State Contracts
Description:

The City Council will consider authorizing final payment and reaffirming to utilize State of California and State of Washington Electric Bus Consortium Contracts to complete the purchase of electric buses for Santa Maria Regional Transit.

RECOMMENDATION:

1. Adopt a Resolution authorizing execution of the final payment and reaffirmation to New Flyer and Gillig for the purchase of electric buses procured under the State of California and State of Washington Electric Bus Consortium Contracts that were active at the time of the original orders; and

2. Authorize the City Manager, or designee, to execute the final payment.

BACKGROUND:

In compliance with State mandates requiring the transition to a 100 percent zero -emission bus (ZEB) fleet, the City's Transit Division ordered electric buses from New Flyer, Proterra and Gillig using valid cooperative purchasing contracts issued by the State of California Department of General Services (DGS) and the State of Washington. While most buses have already been delivered and paid for under the City's 2018 Purchasing Policy, final payment on one New Flyer has been delayed due to subsequent technicalities and changes in the City's 2025 Financial Policies. This delay has created a procedural issue because the DGS contract has since expired, and the City's new 2025 Purchasing Policy includes language that seems to contradict staffs ability to "grandfather -in" the original Purchase Order (PO). As a result, staff's authority to process the final payment for the bus could be called into question. This matter is being brought to the City Council to ensure a resolution that the City can undoubtedly and lawfully issue the final payment.

DISCUSSION:

History: Transition to Zero Emission Buses
On December 17, 2018, the California Air Resources Board (GARB) adopted the Innovative Clean Transit (ICT) Rule, which requires all public transit agencies in California to convert to a ZEB fleet by 2040. A "Zero -Emission Bus" is defined as a bus with zero tailpipe emissions. Consequently, vehicles that run on diesel, compressed natural gas, propane, or any other fossil or nonrenewable fuel, including hybrids, do not qualify as ZEBs due to their tailpipe emissions.

In conformity with the ICT requirements, the Santa Maria City Council adopted the recommended Santa Maria ICT Rollout Plan (Resolution No. 2023-82) at the May 16, 2023, meeting. This plan outlines the methods by which the City's Transit Division will comply and fully transition to a ZEB fleet. Since the plan's adoption, the Transit Division has begun the transition by ordering electric vehicles in line with adopted budgets and purchasing policies.
2018 Purchasing Policy
Within the City's 2018 adopted Purchasing Policy, under which the original electric bus purchases were made, it states the following:

Cooperative purchasing is used by municipalities in the purchase of goods and services.

This arrangement offers the participants significant economies of scale. Although one municipality may issue specifications and receive bids, each entity independently executes its own contract, administers the procurement function, and finances the purchase. This is an acceptable practice that allows municipal agencies to "piggy -back" on contracts for services and supplies, issued by a wide range of other governmental agencies. Cooperative purchasing agreements may be entered into with federal, state, city governments, public or quasi -public entities, and non-profit entities. The Purchasing Agent may buy directly from a vendor under the cooperative purchasing program if the public interest and convenience would be best served by utilizing another entity's contract for competitive pricing of goods and/or services
Similar language is found in the City's adopted 2025 Purchasing Policy.

ICT Plan, Cooperative Purchase, California DGS and State of Washington Section 13.4 of the City's adopted ICT plan echoes the value of using a cooperative agreement for the purchase of ZEB's, by which it reads:

13.4 STATE OF CALIFORNIA'S DEPARTMENT OF GOODS AND SERVICES (DGS) The State of California's Department of Goods and Services (DGS) has just completed an extensive Request for Proposals for ZEBs. All public transit agencies will be able to participate from this RFP. Given that this streamlines the acquisition process, helps ensure a vetted product and secures competitive pricing, this will be the likeliest source from which ZEBs are selected for purchase. The CA DGS contract is likely to provide multiple vehicle options for purchase from today's leading ZEB manufacturers. While the City remains agnostic to brands and allows for an open, fair and competitive purchasing 2 processes, early indications show that qualifying participating ZEB manufacturers possibly include: BYD, Gillig, New Flyer and Proterra vehicles. Pricing for these vehicles will be dependent on the State of California's Department of Goods and Service contract.

Most vehicle procurements are expected to take anywhere from 14 to 18 months from the Notice to Proceed to until delivery of the vehicle.

Since 2022, all Transit Division bus purchases have 1) been pursued in compliance of ICT Rules by focusing on ordering ZEBs, 2) daylighted and memorialized in the recommendation to purchase electric buses throughout its various adopted 2 -Year Budget cycles, and 3) purchased by leveraging California and Washington issued consortium contracts, as recommended in the ICT Plan, in order to award the purchase to best possible price, a vetted electric vehicle and in conformity with provisions of the City's piggy -backing Purchasing Policies.

Ambiguity and New Conflict
Within the same 2018 Purchasing Policy, under which the original ZEB purchases were originally made, it reads:

When City Council approves the two-year budget, the schedule of authorized equipment will also be considered approved. This City Council approval allows the departments to follow administrative purchasing procedures (three quotes, etc.) and purchase said equipment without obtaining specific City Council approval for each piece of equipment.

One interpretation of this language is that by virtue of the electric buses being adopted in the Transit Enterprise Funds Budget, no other City Council action is needed as long as the purchasing agent (i.e. Transit Division) follows the Purchasing Policy. In this case, leveraging a State -issued Cooperative Purchase contract with bus manufacturers for the Transit Division to procure the City's electric buses, as approved in the 2 -year budget. No other City Council action was sought under this interpretation after the buses were adopted in the Transit two-year budget.

The Standing Issue
Specifically, the California DGS Cooperative Purchasing contract, which was used to purchase New Flyer electric bus purchases, was issued on December 16, 2019, and expired on December 15, 2024. Although all electric bus orders were originally placed with approved Purchase Order(s) almost two years ago while the DGS contract was active, a new replacement PO must now be issued in the City's new Enterprise Resource Planning (ERP) system, Workday, which went live on July 2, 2025, concurrently with a new 2025 Purchasing Policy.

However, the DGS contract expired before the City could issue payment for the third and final New Flyer electric bus, which was delivered in May 2025. Payment for this bus had been temporarily withheld until the manufacturer resolved outstanding issues, which has since been resolved. The current Purchasing Policy is unclear on whether staff have the authority to "grandfather -in" the original PO to allow for payment now that the DGS contract has expired. This situation could also affect six other electric Gillig buses 3 procured using a similar method of using a state consortium contract before new purchasing policies were put into place.

Further, Resolution 2004-31 in Purchasing Guidelines states:

The Purchasing Agent finds that the public interest and convenience would be best served by utilizing another entity's contract for competitive pricing of goods and services, the Purchasing Agent may buy directly from a vendor if the contract was awarded within the last twelve months and the contract was for identical or for nearly identical goods and/or services.

The existence of this language in the newly adopted 2025 Purchasing Policy, which requires that the cooperative agreement must have been awarded within the last twelve months, adds an additional level of ambiguity for what staff's delegated authority is able to pursue without additional City Council action.

Conclusion
The Transit Division ordered buses in good faith, following the direction of the City Council's adopted ICT Plan and leveraging an approved, valid and in effect cooperative purchasing method. However, a combination of delayed payment, changes in the ERP system, the introduction of a new 2025 Purchasing Policy, the expiration of the DGS contract, and new/ambiguous language has created a situation where staffs delegated authority to issue the final payment could be called into question.

Alternative(s'
This issue requires City Council ratification because the payment for the electric bus is still necessary, but now subject to conflicting purchasing policies. Although the bus was ordered under a valid cooperative agreement, that contract expired before payment could be finalized. For the City to legally complete the transaction and avoid potential scrutiny, the City Council must formally approve the consortium contracts to issue payment, essentially "ratifying" the original commitment despite the new procedural inconsistencies. This action will provide clear authorization for staff to proceed and ensure that the City remains compliant with both ICT regulations, financial regulations and obligations.

Fiscal Considerations
The City of Santa Maria's Transit Division is an Enterprise Fund with its own sources of financial support that have no impact on the City's General Fund. Specifically, buses are bought with a combination of Federal and State funding appropriated specifically for the purchase of electric transit vehicles. As a Federal Transit Administration (FTA) funding recipient, the Transit Division is also subject to their rules. Although prior electric bus purchases have been given a clean bill of health by the FTA's subsequent triennial reviews, this additional City Council action gives greater conformity to purchasing rules for both organizations, regardless of the interpretation of what is or is not actually required in order to exercise a piggy -back purchase option.
4 Impact on the Community
There is no impact on the community. This is only an administrative action to add greater conformity with both federal and local purchasing requirements and to insulate the City for alternative interpretations of the Purchasing Policy.

ATTACHMENT(S)
A. Resolution
B. Gillig Contract
C. New Flyer Contract
5 Attachment A
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA MARIA, CALIFORNIA,

AUTHORIZING EXECUTION OF THE FINAL PAYMENT AND

REAFFIRMATION TO NEW FLYER AND GILLIG FOR THE

PURCHASE OF ELECTRIC BUSES PROCURED UNDER THE

STATE OF CALIFORNIA AND STATE OF WASHINGTON

ELECTRIC BUS CONSORTIUM CONTRACTS THAT WERE

ACTIVE AT THE TIME OF THE ORIGINAL ORDERS
WHEREAS, the California Air Resources Board adopted the Innovative Clean Transit (ICT) Rule, requiring all public transit agencies in California to transition to a 100% zero -emission bus (ZEB) fleet by 2040; and
WHEREAS, in compliance with the ICT requirements, the City Council of the City of Santa Maria adopted the Santa Maria ICT Rollout Plan on May 16, 2023, which outlines the methods for the City's Transit Division to fully transition to a ZEB fleet; and WHEREAS, in good faith and in accordance with the adopted ICT plan and the City's 2018 Purchasing Policy, the Transit Division ordered electric buses from New Flyer, Proterra, and Gillig using valid and active cooperative purchasing contracts with the State of California Department of General Services (DGS) and the State of Washington; and WHEREAS, the electric buses have been delivered, but final payment has been delayed due to subsequent technicalities, changes in the City's Financial Policies, and the expiration of the aforementioned DGS contract, creating a procedural ambiguity regarding the City Manager's delegated authority to process the final payment; and WHEREAS, the issuance of a new Purchase Order for the final payment is required due to the transition to the new Workday Enterprise Resource Planning (ERP) system, and the City's newly adopted 2025 Purchasing Policy contains language that has created an additional level of ambiguity, requiring formal City Council action to authorize the payment; and
WHEREAS, this matter is being brought to the City Council to ensure that the City can legally and lawfully issue the final payment for the electric buses and honor its financial obligations to the vendors, thereby insulating the City from potential scrutiny.

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

SECTION 1. The City Council hereby ratifies and confirms the purchases of the electric buses from New Flyer and Gillig, Inc. made by the City's Transit Division using the cooperative purchasing contracts issued by the State of California Department of General Services (DGS) and the State of Washington; and

Page 1 of 2 ends

Attachment A
SECTION 2. The City Council hereby authorizes and directs the City Manager, or their designee, to execute the final payment and issue a new Purchase Order for the electric buses based on the original orders placed while the cooperative purchasing contracts were active; and
SECTION 3. This Resolution shall take effect immediately upon its adoption; and SECTION 4. 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

Page 2 of 2 ends

APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
City Manager

.•
4 COMMONWEALTH OF VIRGINIA

DIVISION OF PURCHASES AND SUPPLY

STANDARD CONTRACT
1111 East Broad Street
RICHMOND, VA 23219
Contract Number E194- 81688 MA6462
Between

THE COMMONWEALTH OF VIRGINIA
and

GILLIG, LLC
12 Year Low Floor Transit Buses
Batter,- Powered Electric
This contract entered into this 1St day of July, 2019 by Gillig, LLC. called the "Contractor" and the Commonwealth of Virginia, Division of Purchases and Supply, called the "Purchasing Agency"
WITNESSETH that the Contractor and Purchasing Agency, in consideration of the mutual covenants, promises and agreements herein contained, agree as follows:

SCOPE OF CONTRACT: The Contractor shall provide the above goods/services to the Purchasing Agency as set forth in the Contract Documents.

PERIOD OF PERFORMANCE: July 1, 2019 through June 30, 2021 with three one-year renewal options The contract documents shall consist of:

1. This signed form

2. The following portions of the Invitation for Bids #2712 "Electric Transit Buses, Low Floor, 12 Year Type" dated 3/11/19:
a) The Contractor's bid dated 4/15/19 and addenda all of which documents are incorporated herein b) The General Terms and Conditions
c) The Special Terms and Conditions
IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby

GILLIG, LLC

COMMONWEALTH OF VIRGINIA
By: _ 7 70--&-T--i>4,--t-de B _ C,we.%4A- C. --
Name: J SPEH POLICARPIO Name: .2)e- II -4i k _ De n4- /) A.

Printed Printed
Title: VICE PRESIDENT
Date: JUNE 18, 2019
Title: Contract Manager
Date: A) £ 2- el/ Z®/ q
NOTE: This public body does not discriminate against faith -based organizations in accordance with the Code of Virginia. §2 2-4343 1, or against a bidder because of raco, religion, color, sex national origin. age, disability. sexual orientation, gender identity, political affiliation, w veteran status or any other basis prohibited by state law relating to discrimination in employment. ,
Contract # E194- 81688
Gillig Electric Buses
(Page 1 of 14)

1 DATE:
7/1/19
2 CONTRACT PERIOD:
7/1/19 thru 6/30/21
3 PURPOSE:

Contract Award
4 AUTHORIZED USERS:

Ref. Section 2
5 CONTRACTOR'S eVA
VENDOR ID#:

E39326
6 CONTRACTOR:

Gillig, LLC
7 CONTRACTOR CONTACT:

Ref. Section 1
8 PAYMENT TERMS:

Net 30
9 DELIVERY:

F.O.B. Destination
10 MINIMUM ORDER:

No Minimum Order Required
11 CONTRACT PRICES:

Ref. Section 4
12 DPS CONTRACT OFFICER:

Dennis Donahue
Phone: 804-786-5410
[email protected]

ADDITIONAL COPIES OF CONTRACTS AND ANY ASSOCIATED CONTRACT CHANGES ARE AVAILABLE ON THE DPS WEBSITE: www.eva.virginia.cov under the State Contracts webpage.

This contract is the result of a competitive bid program and its use is optional. This contract is a cooperative agreement. Therefore, in addition to Authorized Users referenced above, other government bodies and entities outside of Virginia may use this contract.

Contract # E194- 81688
Gillig Electric Buses
(Page 2 of 14)

TABLE OF CONTENTS

SECTION

DESCRIPTION
1 CONTRACTOR INFORMATION
2 GENERAL INSTRUCTIONS
3 SCOPE OF WORK AND SPECIAL TERMS AND CONDITIONS
4 GOODS & PRICING SCHEDULE, WARRANTY INFORMATION
5 CONTRACTOR SERVICE AND PARTS SUPPORT DATA
6 THIRD PARTY PARTICIPANTS REPORT
7 FEDERAL CERTIFICATIONS
Contract # E194- 81688
Gillig Electric Buses
(Page 3 of 14)

1. CONTRACTOR INFORMATION
Contractor
eVA Vendor
ID#
Location Address
Contact Information
Gillig, LLC
E39326
451 Discovery Drive
Livermore, CA 94551
James Ryan, Sales Manager
Tel.: 510-325-6958
Fax: 510-785-6819
Email: [email protected]
Contract # E194- 81688
Gillig Electric Buses
(Page 4 of 14)

2. GENERAL INFORMATION

1. Orderinc Method: All departments, institutions and agencies of the Commonwealth of Virginia (Commonwealth) using this contract must order items by issuing purchase orders through eVA. The orders will be governed by this agreement and the terms and conditions contained in the separate agreement for participation in eVA executed by the contractor.

2. Purchase Order Information: When placing an eVA catalog order, each line of the requisition must be identified with the correct Contractor Name and Location (eVA Vendor ID#), contract item number, full item description and the contract unit price. The exact Contract Number, as shown on page 1, must be inserted in the Contract Number field for each line item of the eVA requisition. Purchase orders not bearing the correct contract number in the appropriate location will be non -compliant and may not be considered a purchase against this contract.

3. Orderinc Entity Acceptance: Inspection and acceptance upon delivery and approval of contractor's invoice is the responsibility of the receiving entity.

4. Complaints: Any complaint that is due to a violation or breach of the Contract provisions shall be reported on an official DPS "PROCUREMENT COMPLAINT FORM." To facilitate notification, this form shall be completed by the Vircinia ordering entity and sent to the contract vendor, with a copy sent to DPS to the address shown on the form. Contract vendors shall also use this form to initiate complaints concerning Vircinia entities. This form may be downloaded from the internet at the following link http://eva.virginia.gov and clicking on "I Buy for Virginia."

5. Chances: Any changes whether for increases or decreases in pricing, delivery terms or additional options must be approved by the Division of Purchases and Supply in advance of issuance of the purchase order.

Disputes between the ordering agency and the vendor will be resolved in accordance with the terms of the contract and any change orders/renewals unless prior approval was granted by DPS.

6. Authorized Users: Unless otherwise instructed by the Division of Purchases and Supply (DPS), all state agencies, institutions of higher education, and other public bodies and entities are authorized to use the Contract by the Code of Virginia § 2.2-1110.Additionally, those specified by the Code of Virginia §2.2- 1120, to include private institutions of higher education chartered in Virginia and granted tax-exempt status under §501(c)(3) of the Internal Revenue Code.

The Metropolitan Washington Council of Governments (MWCOG) and members of MWCOG shall also be included as Authorized Users of this Contract.

Third party users as referenced herein Section 3-E "Use of Agreement by Third Parties."

7. Copies of Contract -Related Documents shall be recuested directly from the contractor. Such documents may include the solicitation (Invitation for Bids- IFB #2712 dated 3/11/19), contractor's bid response, signed FTA Certificates i.e. Buy America, Compliance w/ Buy America Rolling Stock Requirements and other related documents.

Contract # E194- 81688
Gillig Electric Buses
(Page 5 of 14)

3. SCOPE OF WORK AND SPECIAL TERMS AND CONDITIONS
A. SCOPE OF WORK
Contractor shall provide and deliver 12 year, low floor battery- powered electric transit buses per the specifications described in Section 4 "Goods & Pricing Schedule, Warranty Information" and be compliant with current Federal Transit Administration (FTA) and Fixing Americas Surface Transportation (FAST) Act regulations, upon delivering and invoicing.

All buses shall be powered by an electric propulsion system and be new and unused. Buses shall have a minimum expected life of twelve (12) years or 500,000 miles, whichever comes first.

B. CANCELLATION OF CONTRACT
The purchasing agency reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the contractor. In the event the initial contract period is for more than 12 months, the resulting contract may also be terminated by the contractor, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

C. TERM / RENEWAL OF CONTRACT
The initial period of the contract will be for two (2) years, with three (3) potential one — year renewal periods. Therefore the initial term will be July 1, 2019 through June 30, 2021. This contract may be renewed by the Commonwealth upon written agreement of both parties under the terms of the current contract, and at a reasonable time (approximately 90 days) prior to the expiration.

D. PRICE ESCALATION / DE-ESCALATION: Price adjustments may be permitted for changes in the contractor's cost of materials not to exceed the increase in the following index/indices: Bureau of Labor Statistics "Table 9 -Producer Price Index for Truck and Bus Bodies, Series No. 1413." No price increases will be authorized for 365 calendar days after the effective date of the contract. Price escalation may be permitted only at the end of this period and each 365 days thereafter and only where verified to the satisfaction of the purchasing office. However, "across the board" price decreases are subject to implementation at any time and shall be immediately conveyed to the Commonwealth.

Contractor shall give not less than 60 days advance notice of any price increase to the purchasing office. Any approved price changes will be effective only at the beginning of the calendar month following the end of the full 60 - day notification period. The contractor shall document the amount and proposed effective date of any general change in the price of materials. Documentation shall be supplied with the contractor's request for increase which will: (1) verify that the requested price increase is general in scope and not applicable just to the Commonwealth of Virginia; and (2) verify the amount or percentage of increase which is being passed on to the contractor by the contractor's suppliers.

The purchasing office will notify the using agencies and contractor in writing of the effective date of any increase which it approves. However, the contractor shall fill all purchase orders received prior to the effective date of the price adjustment at the old contract prices. The contractor is further advised that decreases which affect the cost of materials are recuired to be communicated immediately to the purchasing office.

E. USE OF AGREEMENT BY THIRD PARTIES
In accordance with the Code of Virginia § 2.2-4304, entitled "Cooperative Procurement," the intent of this Contract is to allow for such cooperative procurement to the maximum extent possible outside the Commonwealth. Accordingly, any public body or public institution or other FAST Act grantee outside the Commonwealth shall also be deemed an "Authorized User" for purposes of using this Contract and may access and use this Contract, in accordance with the ordering provisions governing this Contract, together with all other Contract terms and conditions herein.

Participation in this cooperative procurement by any Authorized User in Virginia or outside Virginia is optional.

Contract # E194- 81688
Gillig Electric Buses
(Page 6 of 14)

This Contract may be used by Authorized Users to purchase goods and/or services in accordance with prices listed in Section 4 "Goods & Pricing Schedule, Warranty Information" attached hereto and incorporated herein.

This is a master contract and no modification of the Contract or an assignment agreement from Virginia is required for a third party Authorized User to participate.

Copies of Contract -Related Documents shall be requested directly from the contractor. Such documents may include the solicitation (Invitation for Bids- IFB #2712 dated 3/11/19), contractor's bid response, and signed FTA certificates i.e. Buy America, Compliance w/ Buy America Rolling Stock Requirements and other related documents.

Each Authorized User shall accept sole responsibility for placing orders and/or payments directly with the Contractor and will fully and independently administer their use of this Contract to include contractual disputes, and invoicing and payments, without direct involvement from DPS. The Commonwealth and DPS shall have no liability or responsibility for any payment or performance dispute associated with an order, and the Authorized User and Contractor agree that they shall look solely to each other for any relief associated with the Order. In no event shall any dispute or breach regarding one or more orders by Authorized Users be grounds for the Contractor to terminate this Contract or pursue any other sort of relief against the Commonwealth, DPS, or Authorized Users who did not place the order(s) in dispute.

Notwithstanding General Term and Condition "B" ("APPLICABLE LAWS AND COURTS"), with respect to Authorized Users located outside of Virginia, the laws and regulations of the state in which the Authorized User is located, without regard to such state's choice -of -law provisions, will govern this Contract as it applies to orders placed by that Authorized User, and any litigation with respect to that Authorized User's orders shall be brought and maintained only in the appropriate state court of competent jurisdiction of the state in which the Authorized User is located.

Notwithstanding General Term and Condition "A" ("VENDORS MANUAL"), the procedure for filing contractual claims against an Authorized User located outside Virginia shall be the procedure for filing claims against public bodies as specified by the laws of the state in which that Authorized User is located. If the laws of the state in which an Authorized User is located require inclusion of specific terms in contracts of public bodies in that state, then those terms are deemed to be incorporated by reference in this Contract for purposes of orders from that Authorized User, unless such terms impose materially greater burdens on the Contractor and the Contractor notifies the Authorized User of this fact in writing promptly after receiving the order, in which case the order shall be deemed cancelled. The above incorporation of terms applies only if the Authorized User includes in its purchase order a specific reference to the specific statutes or regulations of that state which specify the additional required terms.

The use of the Contract does not preclude any participating Authorized User from using other agreements or competitive processes as their needs may require.

F. AUTHORIZED REPRESENTATIVES
This Contract may be modified in accordance with §2.2-4309 of the Code of Virginia. Such modifications may only be made by the representatives authorized to do so denoted below, or their duly authorized designees. No modifications to this contract shall be effective unless in writing and signed by the duly authorized representative of both parties, delineated below. No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent to breach is in writing.

Authorized Representatives:

COMMONWEALTH OF VIRGINIA
Dennis Donahue, Contract Officer
1111 East Broad Street
Richmond, VA 23219
Tel.: 804-786-5410
Fax: 804-786-5413
Email: [email protected]

GILLIG, LLC
Joseph Policarpio, Vice President
Gillig, LLC
451 Discovery Drive
Livermore, CA 94551
Tel.: 800-735-1500
Fax: 510-785-6819
Email: [email protected]
Contract # E194- 81688
Gillig Electric Buses
(Page 7 of 14)

G. CONTRACTUAL DISPUTES
In accordance with Section 2.2-4363 of the Code of Virginia, Contractual claims, whether from money or other relief, shall be submitted in writing to the purchasing agency no later than 60 calendar days after final payment; however, written notice of the Contractor's intention to file such claim must be given to such agency at the time of the occurrence or beginning of the work upon which the claim is based. Pendency of claims shall not delay payment of amounts agreed due in the final payment. The purchasing agency shall render a final decision in writing within thirty (30) days after its receipt of the Contractor's written claim.

The Contractor may not invoke any available administrative procedure under Section 2.2-4365 of the Code of Virginia nor institute legal action prior to receipt of the purchasing agency's decision on the claim, unless that agency fails to render its decision within thirty (30) days. The decision of the purchasing agency shall be final and conclusive unless the Contractor, within six (6) months of the date of the final decision on the claim, invokes appropriate action under Section 2.2-4364, Code of Virginia, or the administrative procedure authorized by Section 2.2-4365, Code of Virginia.

The Department of General Services, its officers, agents and employees, including without limitation, the Contracting Officers, are executing this Agreement and any Orders issued hereunder, solely in its or their statutory and regulatory capacities as agent of the Commonwealth agency purchasing and receiving the goods or services in question sand need not be joined as a party to any dispute that may arise there under.

In the event of any breach by the Commonwealth, Contractor's remedies shall be limited to claims for damages and Prompt Payment Act interest and, if available and warranted, equitable relief, all such claims to be processed pursuant to this Section. In no event shall Contractor's remedies include the right to terminate any license or support services hereunder.

H. DELIVERY AND PRICING
Base prices for third party customers outside of Virginia, is included in Section 4 "Goods and Pricing Schedule," Part 2, "Net Price." Delivery costs to third party customers outside of Virginia, should not exceed the contractor's actual out-of-pocket cost of shipping to that Authorized User's actual location by the most economical method with no mark- up. Delivery price should be agreed upon by both parties For sales to Virginia entities and ship to locations in Virginia, all vehicles and related equipment shall include delivery - FOB destination unless otherwise stated in the body of the order. Delivery charges for Virginia customers is included in Section 4 "Goods and Pricing Schedule," Part 2, "Total Bid Price. " The Agency shall assume risk of loss of vehicles and related equipment upon acceptance. Prior to acceptance, the Contractor shall assume risk of loss of vehicles and related equipment, including any damages sustained during the delivery regardless of the status of title or any payments related to the bus. If the bus is released back to the Contractor for any reason, then the Contractor assumes risk of loss upon such release. The Contractor shall deliver the buses with an installed, functioning battery or Energy Storage System (ESS) charged with at least 25 kW of usable energy.

Upon delivery, Authorized Users shall inspect buses with qualified Contractor personnel before accepting the bus.

Following acceptance of the bus, the bus shall be put in service by qualified Contractor personnel, who shall provide training for the Authorized User. Training shall include operation and maintenance of the bus, all systems, accessories, operating procedures, and safety requirements. Placing the bus in service shall be held at a date and time to be agreed upon by the Contractor and Authorized User.

I. FINANCIAL WARRANTY
Contractor shall ensure that the prices, discounts, incentives, and other financial terms (collectively, the "financial deal") applicable to purchases under this contract is always at least as favorable to the purchaser as the financial deal that the contractor or its affiliates make available to any public body in Virginia for the same good(s)/service(s) outside this contract. Throughout the term of this contract, if contractor (or any affiliate) makes a better financial deal available to a public body in Virginia for any good(s)/service(s) available under this contract, contractor shall immediately notify DGS of the details and, at DGS's option, sign an amendment to this contract, so that an equivalent financial deal for the affected good(s)/service(s) is also available as an option under this contract. Contractor may request exemption if the better financial deal was for a spot purchase, and DGS shall grant such request if DGS in good faith finds that the Contract # E194- 81688
Gillig Electric Buses
(Page 8 of 14)

spot purchase involved special circumstances affecting cost that would make it unfair to apply an equivalent financial deal outside of that spot purchase. Upon DGS's request (and annually), Contractor shall submit to DGS an affidavit certifying full compliance with this Section. The contractor (and any affiliate) shall waive any contractual or other right that inhibits any public body in Virginia from disclosing to DGS or others the financial terms made available to the public body, and upon request from DGS, contractor shall ensure that a signed confirmation of the waiver is provided to the public body and DGS. As used in this Section, an affiliate is any entity that controls, is controlled by, or is under common control with, the contractor.

J. FIRST AID KITS
Each Bus shall be equipped with a First Aid kit (large size) and a Blood borne Pathogen kit. Price for the kits shall be included in the base bus price.

K. FTA / APTA REQUIREMENTS
For Buses delivered to Authorized Users under this Contract, Contractor shall be in compliance with then -current, requirements established by the Federal Transit Administration (FTA) and the American Public Transportation Association (APTA), and as published on the FTA's and APTA's current website, or any -then current website existing during the term of this Contract.

L. MAINTENANCE MANUALS:

The contractor shall provide with each piece of equipment an operations and maintenance manual, parts list, and a copy of all warranties.

M. EXTRA CHARGES NOT ALLOWED
Bid pricing shall be for complete delivery ready for the Commonwealth's use and shall include all applicable freight and delivery charges; extra charges will not be allowed.

N. eVA BUSINESS -TO -GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS:

To ensure maximum transparency and public access to the Commonwealth's procurement opportunities, and consistent with Code § 2. 2-1110, all Authorized Users in the Commonwealth must submit orders directly with Contractor through the Commonwealth's electronic procurement website, http://www.eva.virginia.gov .

The eVA Internet electronic procurement solution, web site portal www.eVA.virginia.gov , streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e -procurement solution by completing the free eVA Vendor Registration. All bidders must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid being rejected.

This contract will result in multiple purchase order(s) with the applicable eVA vendor transaction fees assessed for each order from Commonwealth users. Vendor transaction fees are determined by the date the original purchase order is issued and the current fees are as follows:

For orders issued July 1, 2014, and after, the Vendor Transaction Fee is:

DSBSD-certified Small Businesses: 1 %, capped at $500 per order.

Businesses that are not DSBSD-certified Small Businesses: 1 %, capped at $1,500 per order.

Contractor shall notify the Commonwealth of Virginia, Division of Purchases and Supply (DPS) in writing by providing DPS a contract sales and usage report for any entities/participants using this Contract - which have been invoiced and paid by the Participating Entity.

O. ORDER CHANGES
Any changes to be made once a purchase order has been provided to the Contractor must be made between the Commonwealth ordering agency and the Contractor. Both parties shall agree in writing to any changes in the scope of work and any increase or decrease in the price that may result as a consequence of the changes. No Order changes may be made verbally. Only the Commonwealth ordering agency has the right to issue a Contract # E194- 81688
Gillig Electric Buses
(Page 9 of 14)

change to any Purchase Order.

P. INVOICES AND PAYMENT
INVOICES:

Contractor shall submit the invoice(s) to the address designated on the Order no later than the 10th of the month following acceptance by the Authorized User of goods and services rendered. No invoice may include any costs other than those identified in the Order referencing the Contract. Invoice(s) shall provide at a minimum:

1. Name of the ordering entity

2. Entity point of contact name

3. Description of the goods and/or services provided

4. Contract number

5. Purchase order number

6. Invoice number

7. Invoice date

8. Invoice amount
PAYMENT:

Payment will be made within thirty (30) days for Commonwealth Agencies and forty-five (45) days for Commonwealth localities of receipt of a valid invoice for all goods and/or services received and accepted.

Payment is anticipated to be made by check or EDI.

Payment for Authorized Users outside the Commonwealth, shall be as agreed upon by contractor and Authorized User.

Q. REPORTING REQUIREMENTS:

Ref. Section 6 "Third Party Participants Report." Contractors shall complete this form, send it to the DPS contract manager for 3rd party participants outside the state of Virginia, from whom Contractor has received a purchase order to begin work. Reports shall be provided quarterly.

R. TERMINATION FOR CONVENIENCE OF THE COMMONWEALTH:

The contract may be terminated for the convenience of the Commonwealth by delivering to the contractor a notice of termination specifying the extent to which performance under the purchase order or contract is terminated, and the date of termination. After receipt of a notice of termination, the contractor must stop all work or deliveries under the purchase order or contract on the date and to the extent specified. There shall be no penalty to the Commonwealth when a contract is terminated for convenience.

Contract # E194- 81688
Gillig Electric Buses
(Page 10 of 14)

4. GOODS & PRICING SCHEDULE, WARRANTY INFORMATION
See attached pages
Contract # E194- 81688
Gillig Electric Buses
(Page 11 of 14)

5. CONTRACTOR SERVICE AND PARTS SUPPORT DATA
See attached page
Contract # E194- 81688
Gillig Electric Buses
(Page 12 of 14)

6. THIRD PARTY PARTICIPANTS REPORT
Quarterly Report for Contractors
Contractors shall complete this form, send it to the DPS contract manager for third party participants from whom Contractor has received a purchase order to begin work Contractor:

Participant Name/City/State:

Length of Bus / Model:

Purchase Order Date:

Purchase Order Qty:

Contractor:

Participant Name/City/State:

Length of Bus / Model:

Purchase Order Date:

Purchase Order Qty:

Contractor:

Participant Name/City/State:

Length of Bus / Model:

Purchase Order Date:

Purchase Order Qty:

Contract # E194- 81688
Gillig Electric Buses
(Page 13 of 14)

7. FEDERAL CERTIFICATIONS
See attached pages
Contract # E194- 81688
Gillig Electric Buses
(Page 14 of 14)

GILLIG LLC
APRIL 30, 2019
Manufacturer Name GILLIG
Modell #
Description 35' Battery Electric Bus
Length 35'
LPART 1 BASE BUS. STANDARD FEATURES
A) Model year: 2020
B) Electric propulsion system. Drive motor manufacturer: Cummins Continuous rated power kW: 195 kW C) Horsepower : Peak 350 kW Intermediate Varies
D) Transmission or gearbox manufacturer. Not Applicable Continuous 195kW
Model #
E) Battery or Energy Storage System (ESS) manufacturer: Cummins F) Battery Management System type: Cummins Battery Management Energy consumption wil vary with ambient temperature, driving conditions, grades and other G) Operating efficiency kVV/rnile:features Estimated energy consumption range is 1 9kWh to 2.7kWh per mile. Requires fuel fired heater in low ambient temperatures to achieve estimated energy consumptions Nominal mileage range: NOT APPLICABLE
Operational mileage range: 132-180 (2.0 - 2 7 Kw/Mile) depending on bus configuration, route conditions, driver behavior and HVAC usage.

H) Vehicle curb weight fbs,: 32,860

GILLIG LLC
APRIL 30, 2019
I) Vehicle energy storage - available capacity kY11/ hrs for: 15OkW hrs 200kW hrs (Include other sizes as applicable) 444kWh
J) Charging time (empty to full): Plug in
Depends on charger Depends on charger
capaci y Overhead capacity
K) Re3charge port location on bus: Curbside Rear
L) Brakes manufacturer! braking system: Yleritor/MGM Disc A_ otal Maximum Seating Capacity! Standee Capacity. 31 / 38 N) taoor lacaicons Forward of front axle and forward of rear step transition O) Wheelchair Locations. ( I ) Streetside and (1 ) Curbside P) Average deliver} lead timekmonth$�: I 8 Months
Q) First Aed Kit (large Size) and a Blood Some Pathogen Kit manufacturer/ provider: Cintas PART 2, BASE BUS PRICE (Ali prices are to be in United States dollars) Discount for volume level:

Base Peice:

Less discount
Net Price:

Pe fiver/ Price (flat fecal
!or State of Virpinie custernera
Total ffid Price:

Stale pf VIryinla customers
(add Net Price + Delivery
Prices)
1-5/eacP,
$797,280

5.10/each
$797,280
11-15/each
$797,280
16 /each
$797,280
$797,280 $797,2$0 $797,280 $797,280
$13,500 $13,500
$810,780 $810,780
$13,500 $13,500
$810,780 $810,780
PART 3, ADDITIONAL OPTIONS/ UPGRADES
A. Purc
lase of Battery Charming System (Ch:Ct,e; r,g equipment only No infrastructure / installation prt 'es required ) Use this scenario For dale below' Bus has onl 1 I. ua welt' left - needs to , E,'charr *;d to its hill/100 9! ca acit

GILLIG LLC
APRIL 30, 2019
1) Plan In Aor. F Brand Recharaf Time Recharger Price
$
$
$
$
See attached pricing for chargepoint charging equipment.

For Overhead system, complete specifications for a minimum 150kW size Include higher kIN sizes available for additional overhead systems on lines provided. 2) Overhead. Four,/ Brand kW Recharao T me Recharger Price TBD _ 150kW $}Quote
$
$
While not currently available, GILLIG intends to offer overhead charging during the term of this contract and will provide pricing at that time .

B.. Motors hi her r deabili available: include kW. model, order code, price No options currently available
C. Potimal Drive molars availebk, include kW, model, o der code, price No options currently available

GILLIG LLC
APRIL 30, 2019
D Ulm Purchase (as epkic ,bte1 include klvV, model; order coda, price E. Bolin Lease Options (as applicable) include term, k.)W model, order code, puce Pricing and terms are agency specific. Details available upon Agency request.

Other. (add frequently requested equipment from customers) Customer Supplied Tires
Frame/Transom Windows $3,540
Sportworks DL2 $1,839
Diesel/Electric Coolant Heater $5,125
Adjustable Pedals $1,190
LED Low Beam Headlamps $438
Training Not included in Base Bus Price N/A
Percent discount on above equipment and all other options not listed above? GILLIG does not have standard
list pricing so this does not apply.

PART 4, WARRANTY
Standard Warranter Basic Bus minimum shall be 12 Months or 50.000 miles. whrckiever corners first include coverage description and number of years,
Vehicle: Refer to enclosed warranty documentation
Batteries: Refer to enclosed warranty documentation
Other major systems: Refer to enclosed warranty documentation

GILLIG LLC
APRIL 30, 2019
Extended Warranty and Price Include coverage description, number of years, price For Vehicle, Quote upon request
For Batteries 12 Year/500,000 miles whichever occurs first, subject to warranty terms and conditions: $75 000 For other major systems Quote upon request

GILLIG LLC
APRIL 30, 2019
I) Vehicle energy storage — available capacity kW / hrs for: 150MAi h rs 200kW hrs (Include other sizes as applicable) 444k\ h
Depends on charger Depends on charger
J) Charging time (empty to full): Plug in capacity Overhead _capacaN K Rechare, a port location on bus: Curbside Rear
L Brakes manufacturer / brakin s{em; N'teritor/VIGvI Disc Maximum
38/34
Forward of front axle and forward of rear step transition (1) Streetside and (1) Curbside
lead time
18 months
QJ F rst Aid Kit (large sire) and a Blood Some Pathogen Kit manufacturer/ provider: Cintas PA I T 2, BASE BUS PRICE (All prices are to be in United States dollars) Disc unt ume
bas Price:
di nt
hie* doe:
'ice
$801,480
0 DID
$801,480
$13,500
10/each 11-
$801,480 $801,480
°!e
$801,480
0 $801,480
$13,500 $13,500
$814,980 $814,980
P1RT 3, ADDITIONAL OPTIONSI U RADES
C tljis for data below.
°Ia
ie + /each
$801,480
0 $801,480
$13,500
$814,980 $814,980
,Cnaarging equipment only No infrastructure I installation prices required ) ft to its

GILLIG LLC
APRIL 30, 2019
1) Plum In Ma_r, 1 Brand Recharaeilme
See attached pricing for chargepoint charging equipment.

For Overhead system, complete specifications for a minimum 150kW size.

Include higher kW sizes available for additional overhead systems on lines provided. 1) Overhead
Mgr,1 Brand
TBD
kwl
150kW
i echargg Time
Ft s ch mgr Price
$
$
While not currently available, GILLIG intends to offer overhead charging during the term of this contract and will provide pricing at that time .

F{Gahargor Price
Quote
B.. Motors, higher 4radeabllity available. include kW. model, order code, price No options currently available
C. oatimal Drive motors availetyle: include kW, model, o der code, price No options currently available

GILLIG LLC
APRIL 30, 2019
O. Spare Battery Purch Se td9 art>licable include kM1, model, order code, price Battery Lease Otstmns {as applicable) include term, kiW model, order code. price Pricing and terms are agency specific. Details available upon Agency request.

Other. (add frequently requested equipment from customers4 Customer Supplied Tires
Frame/Transom Windows $1,839
Diesel/Electric Coolant Heater $5,125
Adjustable Pedals $1,190
Sportworks DL2 $1,378
LED Low Beam Headlamps $438
Training Not included in Base Bus Price
Percent discount on above equipment and all other options not listed above N/A GILLIG does not have standard list
pricing so this does not apply
PART 4, WARRANTY
rStandard Warrantn Basic Bus minimum shall be 12 Months or 50.000 ribs. whichever comes first include coverage description and number of years,
Vehicle; Refer to enclosed warranty documentation
Batteries: Refer to enclosed warranty documentation
Other major systems Refer to enclosed warranty documentation

GILLIG LLC
APRIL 30, 2019
Extendod Warranty and Price Include coverage description, number of years, price For Vehicle,
Quote upon request
For Batteries 12 Year/500,000 miles, whichever occurs first, sub.ect to warrant terms and conditions: $75,000 For other major systems Quote upon request

GILLIG LLC

LOW FLOOR TRANSIT COACH

STANDARD LIMITED WARRANTY & EXTENDED COVERAGE FOR

COMMONWEALTH OF VIRGINIA - RICHMOND, VA
IFB# 2712 -APRIL 2019
GILLIG warrants to the ultimate purchaser that registers the vehicle in the state of California (or any other state following the applicable California Air Resources Board regulations), and each subsequent purchaser, that the new vehicle is designed, built and equipped so it conforms at the time of sale to the ultimate purchaser with all applicable regulations adopted by the California Air Resources Board at the time of manufacture and that it is free from defects in materials or workmanship which would cause the vehicle to fail to not meet these regulations within five years, 100,000 miles or 3000 hours of operation, whichever occurs first, as measured from the date the vehicle is placed into service. In no case may this period be less than the basic mechanical warranty provided to the purchaser of the engine.

GILLIG warrants to the ultimate purchaser and each subsequent purchaser that the tires on this vehicle conform at the time of sale to the ultimate purchaser with all U.S federal emissions regulations and all applicable regulations adopted by the California Air Resources Board at the time of manufacture and are free from defects in materials or workmanship which would cause the vehicle to fail to not meet these regulations for a period of 2 years or 24,000 miles, whichever occurs first.

This list of emission control parts may be covered by the Emission Warranty under certai n failure modes.
• Ambient Air Temperature Sensor
• Wire harness circuits connected at both ends to emissions warrantable components • On -Board Diagnostic (OBD) Malfunction Indicator Lamp (MIL) • OBD Connector
NOTES
1) Coverage ceases at the first expiration of the time or distance noted. 2) Full coach warranty includes and applies to electrical, doors, seats, flooring, roof hatches, destination signs, wheelchair ramp, handrails, radio, P.A., etc., but not to IVS systems or special options. 3) Fleet defect coverage is for a maximum of 12 months or 5Q000 miles and includes all warrantable components and assemblies on the vehicle.
4) Basic body structure warranty includes and applies to structural members in the body and undercarriage including the structural members in the suspensions.
5) The corrosion and structural integrity guarantee covers against a significant loss of structural integrity of the assembly or its functional performance, resulting from a pertinent loss of cross-section due to corrosion caused by normal environmental elements but excludes corrosion caused by aggressive road de-icers such as Magnesium Chloride or equivalents, unless GILLIG approved preventative measures are taken (see Service Manual),
6) Extended coverage may not duplicate Standard Limited warranty coverage. Note: Please refer to OEM warranty documents for details.

Standard & Extended Warranty
Revised. 03/2018

Page 4 ends

CILLIC

GILLIG LLC

LOW FLOOR TRANSIT COACH

STANDARD LIMITED WARRANTY & EXTENDED COVERAGE FOR

COMMONWEALTH OF VIRGINIA - RICHMOND, VA
IFB# 2712 -APRIL 2019
GILLIG LLC warrants to the original purchaser, that its transit coaches, save and except for those major component assemblies and other parts described below which are separately warranted by their respective manufacturer's (OEM's), will be FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP UNDER NORMAL USE AND SERVICE, for the distance or time periods specified in the attached, and agrees to REPAIR or REPLACE the defective parts AT NO COST TO THE PURCHASER. This is a limited warranty subject to the provisions stated below and is referred to as GILLIG's Standard Limited Warranty.

This warranty DOES NOT COVER malfunction or failure resulting from the purchaser's or its agents or employees alteration, misuse, abuse, accident, neglect or failure to perform normal preventive maintenance as outlined in GILLIG's Service Manual, nor does it cover components or assemblies not originally provided by GILLIG. Further, this warranty DOES NOT APPLY to normal replacement items such as light bulbs, seals, filters or bushings, nor to consumable items such as belts, tires, brake linings or drums.

PURCHASER'S SOLE REMEDIES FOR LIABILITY OF ANY KIND WITH RESPECT TO THE PRODUCTS FURNISHED UNDER

THIS WARRANTY AND ANY OTHER PERFORMANCE BY GILLIG UNDER OR PURSUANT TO THIS WARRANTY, OR

WITH RESPECT TO PURCHASER'S USE THEREOF, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO THE REMEDIES

PROVIDED IN THIS WARRANTY AND SHALL IN NO EVENT INCLUDE ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, REVENUE OR PROFIT. IN NO EVENT SHALL GILLIG'S LIABILITY FOR

DAMAGES WITH RESPECT TO ANY OF THE PRODUCTS COVERED UNDER THIS WARRANTY EXCEED THE AMOUNT PAID BY THE PURCHASER TO GILLIG FOR SUCH PRODUCTS.

GILLIG DOES NOT WARRANT some major component assemblies (such as the engines, transmissions and air conditioning systems) which are warranted by their respective manufacturers (OEM's) and identified as Category 3 items on page three (3) of this Warranty. Warranty coverage for these items is as defined in those manufacturer's own warranty documents and per theft terms and conditions, and as administered by their own support networks.

GILLIG makes NO OTHER WARRANTIES, except as stated herein, and GILLIG's obligation under this warranty is LIMITED AND FULLY DESCRIBED HEREIN. Determination of warrantable defects is at GILLIG's (or the OEM's) discretion and will require inspection of failed components. Correction or compensation under this warranty for Category 1 and Category 2 items cannot be made unless requested on a GILLIG Application for Warranty Claim form and in accordance with the claim procedure established by GILLIG.

THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTY EXPRESSED OR IMPLIED, but if such has legal status, it CANNOT EXCEED THE DURATIONS STATED HEREIN. This warranty gives the purchaser specific legal rights and some state statutes may include other rights.

This is GILLIG's sole warranty with respect to its transit coaches. GILLIG MAKES NO OTHER WARRANTY OF ANY KIND WHATEVER, EXPRESS OR IMPLIED; AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR

A PARTICULAR PURPOSE WHICH EXCEED THE AFORESAID OBLIGATION ARE HEREBY DISCLAIMED BY GILLIG AND EXCLUDED FROM THIS AGREEMENT.

Standard & Extended Warranty
Revised, 03/2018
Page I of
GILLIG

GILLIG LLC

LOW FLOOR TRANSIT COACH

STANDARD LIMITED WARRANTY & EXTENDED COVERAGE FOR

COMMONWEALTH OF VIRGINIA -RICHMOND, VA
IFS# 2712 - APRIL 2019
GILLIG's Standard Limited Warranty which covers Category 1 and Category 2 parts, components and assemblies, covers the following systems, components or assemblies for the period specified, and includes 100% PARTS AND LABOR to repair or replace the defective components as determined by GILLIG. (See Page 3 for explanation of notes (1)-(7).)
CATEGORY 1
Includes GILLIG manufactured or assembled components and systems as well as some purchased assemblies.

Warranty and warranty claims administration provided by GILLIG.

Coverage Period (1)
Months Miles
FULL COACH WARRANTY (2) (3) (7)
BODY STRUCTURE WARRANTY (4)

CORROSION & STRUCTURAL
INTEGRITY WARRANTY (5)
CATEGORY 2
24 36
50,000
150,000
84 350,000
includes major components purchased and installed by GILLIG. Warranty provided by component OEM's. Warranty claims administration provided by GILLIG.

AXLE
Meritor Front Steering
Meritor Rear Driving

BRAKE SYSTEM
(Excludes Friction Material)
Bendix Valves
Meritor Brakes
Standard & Extended Warranty
Revised: 03/2018

Page 2 of 4 ends

60 300,000
84 350,000
24 100,000
24 100,000
GILLIG

GILLIG LLC

LOW FLOOR TRANSIT COACH

STANDARD LIMITED WARRANTY & EXTENDED COVERAGE FOR

COMMONWEALTH OF VIRGINIA - RICHMOND, VA
IFB# 2712 - APRIL 2019
Major components listed below under "Category 3" are covered by warranties or extended coverages(6), for the miles and/or months indicated, provided by the manufacturer (OEM's) of those components. Purchasers should refer to specific OEM warranty documents for details. Warranty claims are and will be administered by the respective manufacturers (OEM's) and all warranty claims must be made directly to said manufacturers. GILLIG will assist purchasers in dealing with these OEM's and warranty issues that may arise from time to time.

CATEGORY 3
Coverage Period (1)
Months Miles
POWERTRAIN (7)

CUMMINS
Energy Storage

AIR CONDITIONING SYSTEM
Thermo King

WHEELCHAIR RAMP
Lift -U LU18

DOOR SYSTEM
Vapor
Low Floor Transit Coach Emission Warranty
36 72
24 24
12 100,000
300,000
Unlimited
Unlimited
Unlimited
GILLIG warrants to the ultimate purchaser and each subsequent purchaser that the new vehicle is designed, built and equipped so it conforms at the time of sale to the ultimate purchaser with all U.S. federal emissions regulations applicable at the time of manufacture and that it is free from defects in materials or workmanship which would cause the vehicle to fail to not meet these regulations within five years or 100,000 miles of operation, whichever occurs first, as measured from the date the vehicle is placed into service. In no case may this period be less than the Standard Limited Warranty where applicable to emission warrantable parts. If the ultimate purchaser registers the vehicle in the state of California (or any other state following the applicable California Air Resources Board regulations) a separate California Emissions Warranty applies.

Standard & Extended Warranty
Revised: 03/2018

Page 3 ends

CHARGING EQUIPMENT
GILLIG is pleased to submit the following pricing for ChargePoint plug-in charging equipment and associated services for use with your GILLIG Battery Electric buses. This pricing has been assembled in coordination with ChargePoint and represents our proposed equipment options based on the scoping information you have provided to date.

There may be op ortunities to f rther optimize the equipment proposed through modeling your unique op fitio,nal requirenients, peak limitations, facility specifics and future electric bus plans. GILLIG and ChargePbint welcome the opportunity to discuss this proposal in further detail.

Refer to the following pages for additional details regarding this equipment.

Express Depot Solution
Quantity
Unit Price
Hardware
ChargePoint Express Depot Station
I Up to 8 per
Power Block
$10,625
ChargePoint Express Bus Pedestal
1 per Depot
Station
(Optional)
1,700
ChargePoint Express — Power Block
Each
23,375
ChargePoint Express Plus — Power Module
5 per Power
Block
10,625
Express Plus Assure — 1 Year Warranty
Included
Included
Express Plus Assure — 3 Year Warranty
Per Power
Block
27,750
Services
ChargePoint provided labor for preliminary site preparation guidance, site layouts in CAD, sample single line diagrams for charging system etc.

Per Site
10,800
ChargePoint provided Onsite Training & Installation Support Per Site
3 600
ChargePoint provided Site Validation
Per Power
Block
_
1,500
ChargePoint Cloud EVSE Services Plan for 3 year connectivity to Ch. :cPoint Network
Per Depot
Station
2,418
Freight Charges _
Agency Dependent
The warranties on the charging equipment are provided by ChargePoint and are subject to the ChargePoint StandardWarranty, GILLIG V makes no warranty of any kind whatever, express or implied; and all implied warranties of merchantability and liitness fora particular • purpose which exceed the aforesaid obligation are hereby disclaimed by GILLIG and excluded from any agreement.

This price reflects equipment shipped directly to the Agency by ChargePoint and the services described below. No further services are included as part of this GILLIG quote. Payment to GILLIG is due upon shipment of the equipment described herein.

CHARGING EQUIPMENT
Express Plus Product Overview
Express Power Block and Power Modules
The Express Power Block is a steel cased, power conversion unit, connected to a standard three phase AC grid. Express Power Block houses all necessary electrical sub- components and system control for the safe, efficient transmission and transformation of AC input voltage from the grid side equipment into DC output to connected electric vehicles.

Power Block Specification
• AC Input - 480VAC, 3 -phase, 222 -
265A, 50/60Hz
• Contains up to 5 Power Modules
• Maximum Nominal Output - 156kW
• Maximum Current - 390A
• Network Protocol &
Communications - 4G/LTE
communication between gateway
and ChargePoint Cloud Network
(Hosted by Amazon Web Services).
• Ethernet (CAT -VI) connection
between Power Block and each
Depot Station (local, not cloud
communication).
• Power Block Dimensions —
6' 8.9" x 3' 3" x 3' 7.7"
• Power Block Weight (without
Modules) - 900 lb.
• Lifespan — 12+ years
Power Module Specification
• Maximum Nominal Output —

31.25kW
• Maximum Current — 78A
• Nominal Power Efficiency rated at
above 95%
• Nominal Power Factor - .99
• Harmonics — iTHD < 5% (complies
with IEEE 519 requirements)
• Failure of a single module does not
disable the port
• Slot in, field replaceable
• Integrated liquid cooled cold plate
normalizes temperature across all
modules
• Power Module Dimensions —
2'6"x1'5"x 5"
• Power Module Weight - 98 lb
• Lifespan —12+ years

CHARGING EQUIPMENT
Express Depot Station
The Express Depot Station is a steel weather proof enclosure with integrated CCS-1 charging cable that:
• Is designed to operate in high impact, heavy duty
commercial environments.
• Is configurable as a wall or freestanding pedestal mounted device with or without cable management.
• Can be located on frame work above vehicles to be charged and connected to a cable Charging Reel.

The Express Depot Station receives a maximum DC input of 200A from a connected Power Block and, via the integrated charge controller, manages all bi-directional communication to a connected vehicle. The charge controller receives voltage and current commands from the vehicle and then allows power to be dispensed into the vehicle. The Express Depot Station is equipped with an isolation monitor and short circuit protection to ensure safe operation.

Express Depot Station Specification
• Maximum Nominal Output - 156kW (Power Block limited)
• Maximum Current - 200A (connector limited)
• Output Voltage Range - 200 - 1000 VDC
• Up to 8 Depot Stations can be supported per Power Block • Maximum Suggested Distance between PB to DS — 300'
• Charge cable length — up to 25 ft
• Supports up to 2 cable types, including CCS-1 (NA), and CCS-2 (EU). Each unit will be supplied with a maximum of 1 connector.
• Depot Station Dimensions —
3' 3.5" x 2' 2.4" x 1' 2.6"
• Depot Station Weight - 50 lb.
• Lifespan — 12+ years

GILLIG LLC
APRIL 11, 2019
PART 5, CONTRACTOR SERVICE AND PARTS SUPPORT DATA
(for Commonwealth of Virginia customers only)
Location of Technical Service Representative(s)
Name: ROBERT BIRDWELL, EXECUTIVE DIRECTOR FIELD SERVICE & QUALITY ASSURANC Address: 451 DISCOVERY DRIVE, LIVERMORE, CA 94551
Telephone 800-735-1800
Describe technical services readily available from said representative:

REFERENCE OUR ATTACHED INFORMATION.

Location of nearest Parts Distribution Centers
Name: GILLIG PARTS DEPARTMENT
Address: 25972 EDEN LANDING ROAD, HAYWARD, CA 94545
Telephone 510-264-5160
Describe the extent of parts available at said center:

REFERENCE OUR ATTACHED INFORMATION.

Policy for delivery of parts and components to be purchased for service and maintenance' Regular method of shipment: UPS
Cost to Agency: PREPAID

C1LLIG

PARTS SERVICE DEPARTMENT
GILLIG supplies service parts to customers through our Parts Division, located in Hayward, California. All parts are produced to our original vehicle specifications and are either manufactured in-house or purchased to our drawings from OEM's.

GILLIG is proud to advise that all parts (100%) are stocked in the U.S. in our Hayward facility. We do not stock parts in other countries.

All in -stock bus -down orders received by 3:00 p.m. PST are shipped the same day (2nd day air freight at no charge or next day air, at your expense).

All backordered requirements are shipped within 24 hours of receipt from the vendor.

All orders are shipped UPS 2nd day air, freight prepaid at no charge to you (subject to UPS size and weight limitations).

Our current order response is - 92% of all transit bus orders received are shipped within 48 hours and the percentage rises to 96% in an additional 72 hours (excluding weekends) and 99% within 3 working days. We anticipate our performance will be better in our new facility because of the improved efficiency and increased stocking levels. Bar coding of parts and locations is now in place for on-line inventory control and purchasing, GILLIG's simple bus designs, as well as our parts service programs, help you control your parts cost. Common industry parts, flat skirt panels, and American supplied components, such as Meritor/Rockwell axles, help reduce your parts costs. Our increased warehouse stocking levels in Hayward and our second day air shipments at no charge help you reduce your inventory costs as well.

GILLLG

PARTS SERVICE DEPARTMENT
In order to provide the most comprehensive and most economical service possible, GILLIG uses a central warehouse and compensates for distance by shipping second day air.

Consequently, the nearest parts warehouse to supply your service parts needs is:

Central Location:

GILLIG
25972 Eden Landing Road
Hayward, CA 94545
Central Contact: Chuck O'Brien - Vice President, Parts Division Eiji Kinoshita - Director of Sales - Parts Division
Regional Contacts:

Western Region:

Norm Reynolds — Regional Sales Manager
Phone: 510-785-1500
FAX: 510-785-6819
Northeast Region:

Jerry Sheehan — Regional Sales Manager
Phone: 510-329-0320
Central Region:

Jim Ryan - Regional Sales Manager
Phone: 800-410-8614
FAX: 513-336-9345
Midwest Region:

Chad Engel — Regional Sales Manager
Phone: 510-362-6916
Southwest Region:

Joe Saldana — Regional Sales Manager
Phone: 510-303-0202
Southeast Region:

Butch Sibley - Regional Sales Manager
Phone: 510-589-9430
Northwest Region:

Lee Petersen - Regional Sales Manager
Phone: 510-264-3801

GILLIG
PARTS .SERVICE DEPARTMENT
Parts Availability:

Freight Policy:

Over 92% of all regular parts orders are shipped within 48 hours of ordering and almost 97% within 3 days.

Regular parts orders are shipped freight free and normal shipments to Central and Eastern locations are shipped 2nd day air, at no charge.

Availability Life: Replacement parts will be available for a period of twelve (12) years after the date of purchase of your coaches.

CUSTOMER SATISFACTION
The GILLIG Service Parts Division is committed to the same GILLIG mission and goals of customer satisfaction and friendly service with reliable and durable products that are also economical to use.

To justify the district's purchase of GILLIG products and to assist the district in attaining its own goals, the Parts Division has established the following programs and objectives.

Unit Down
Our objective is to expedite these orders and ship them within 24 hours. Unit down orders receive the highest priority throughout our manufacturing, purchasing, and shipping organizations, and can be accepted up to as late as 3:00 p.m. (Pacific time) and shipped same day if in stock. If the customer chooses, these orders can be shipped overnight at customer's cost.
inventory
GILLIG maintains an extensive, continually growing, inventory of genuine GILLIG and OEM parts, in our central warehouse. All locations and parts are bar coded for accuracy and quick response. Computer programs monitor usage and minimum stocking levels in real time so as to maximize parts availabilities. We also stock or can get, common non-GILLIG parts.

Parts Lists
We can prepare, on request, a recommended initial stocking list of expected high usage or long lead-time parts for the vehicles proposed. A detailed price list is also available with the recommended initial stocking list.

GILLIG

PARTS SERVICE DEPARTMENT
Hot Line
GILLIG has a toll -free telephone number to enable customers to contact us at no charge for advice, explanations, recommendations or orders.

Personalized Service
To provide better service, representatives are assigned to specific accounts so that they can provide personal service while also providing account familiarity, history and consistency.

Regional Coverage
Regional Sales Managers are available to visit customers to assist in all facets of this business, including problem solving, introducing new kit and parts availabilities and making recommendations.

Troubleshooting
We also provide a troubleshooting service; if you can't find a part, call your representative and we'll find it for you, if possible, and even stock it in the future if your demand warrants it.

PRE -AWARD BUY AMERICA COMPLIANCE CERTIFICATION
As required by Title 49 of the CFR. Part 663 - Subpart B, Department of Rail &Public Transportation (the recipient) is satisfied that the vehicles to be purchased, R35'and 40' Electric Buses (description of buses) from Gillig LLC (the manufacturer), meet the requirements of 49 U.S.C 5323(j), as amended. The recipient has reviewed documentation provided by the manufacturer, which lists (1) the proposed component and sub -component parts of the buses identified by manufacturer, county of origin, and cost; and (2) the proposed location of the final activity point for the buses, including a description of the activities that will take place at the final assembly point and the cost of final assembly.

Date: May 1 L2019
Recipient Authorized Signature: -RA„: -
Print Name: Neil I. Sherman
Title: Director of Statewide Transit Projects

GILLIG LLC
APRIL 11, 2019

BUS TESTING CERTIFICATION
The undersigned bidder [Contractor/Manufacturer] certifies that the vehicle model or vehicle models offered in this bid submission complies with 49 CFR Part 665.

A copy of the test repot (for each bid ITEM) prepared by the Federal Transit Administration's (FTA) Altoona, Pennsylvania Bus Testing Center is attached to this certification and is a true and correct copy of the test report as prepared by the facility.

The undersigned understands that misrepresenting the testing status cf a vehicle acquired with Federal financial assistance may subject the undersigned to civil penalties es outlined in the U.S. Department of Transportation's regulation on Program Fraud Civil Remedies, 49 CFR Part

31. In addition, the undersigned understands that FTA may suspend or debar a manufacturer under the procedures in 49 CFR Part 29.

GILLIG LLC
Name of Bidder/Company Name

JOSEPH POLICARPIO, VICE PRESIDENT
Type Or print name
•
Signature of authorized representative
Date of Signature: APRIL / 11 / 2019

A COPY OF THE FINAL TEST REPORT WILL BE PROVIDED PRIOR TO FINAL ACCEPTANCE OF THE FIRST VEHICLE.

A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of ALAMEDA
Subscribed and sworn to (or affirmed) before me on this day of APRIL 20 19 , by JOSEPH POLICARPIO
11TH
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

IL G0lQAME2.BFCEAAA
:. COMM. NQ. 2158394
MAXIM 00cNn
•�WWIN EXPAESAM woo
(Seal)
Signature _
M. G'NZAL:; BE

NOTARY PUBLIC
My commission number: 2158394
My commission expires: JULY 19, 2020

DESCRIPTION OF ATTACHED DOCUMENT
Type or Title of Document: BUS TEST CERTIFICATION
Signer's Name: JOSEPH POLICARPIO
Document Date: APRIL 11, 2019

GILLIG LLC
APRIL 11, 2019
CER 8.2 Debarment and Suspension Certification for Prospective Contractor Primary covered transactions must be completed by Proposer for contract value over $25,000.

Choose one alternative:

GILLIG LLC
— The Proposer, P--er lral, certifies to the best of its knowledge and belief that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, dectared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;

2. Have not within a three-year period preceding this Proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain. or performing a public (federal, state or local)lransacticn or Contract under a public transaction; violation of federal or state antitrust statutes or commission or embezzlement, theft, forgery, bribery, falsification or destruction of records. making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in Paragraph 2 of thls certification; and

4. Have not within a three-year period preceding this Proposal had one or more public transactions (federal, state or local) terminated for cause or default.

OR
CJ
- The Proposer is unable to certify to all of the statements in this certification, and attaches its explanation to this certification. (In explanation, certify to those statements that can be certified to and explain those that cannot.)
The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of Title 31 USC § Sections 3801 are applicable thereto.
- Executed in l,r,ar' -)ty =nsl e' -.t -xi. LIVERMORE CA Name: JOSEPH POLICARPIO, VICE PRESIDENT
APRIL 11, 2019
Authorized signature Date

GILLIG

FMVSS CERTIFICATION

FEDERAL MOTOR VEHICLE SAFETY STANDARDS CERTIFICATION
This is to certify that the GILLIG transit bus model(s) proposed, complies (comply) with all applicable Federal Motor Vehicle Safety Standard as required by the F.T.A. and the D.O.T., and described in Title 49 CFR Chapter V, part 571-FMVSS, last revised on October 1, 1998.

GILLIG LLC
By: Forett.;,;

JOSEPH POLICARPIO
Title: VICE PRESIDENT
Date: APRIL 11, 2019

PRE -AWARD FMVSS COMPLIANCE CERTIFICATION
As required by Title 49 of the CFR. Part 663 - Subpart B, Departrcnent of Rail and Public Transportation (the recipient) certifies it received , at the pre -award stage, a copy of Gillig, LLC (manufacturer) self -certification information that the buses 35'and 40' Electric Buses (description of buses), will comply with the relevant Federal Motor Vehicle Safety Standards issued by the National Highway Traffic Safety Administration in Title 49 of the Code of Federal Regulations, Part 571.

Date: May 1.2019
Signature: 1114 -ii
Print Name: Neil I. Sherman
Title: Director of Statewide Transit Programs

GILLIG LLC
APRIL 11, 2019
GOVERNMENT -WIDE DEBARMENT AND SUSPENSION OkiONPROCUREMENT) Instructions for Certification: By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below. (1) it will comply and facilitate compliance with U.S. DOT regulations, "Nonprocurement Suspension and Debarment," 2 CFR part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," 2 CFR part 180,
(2) To the best of its knowledge and belief, that its Principals and Subrecipients at the first tier:
a. Are eligible to participate in covered transactions of any Federal department or agency and are not presently:
(1) Debarred,
(2) Suspended,
(3) Proposed for debarment,
(4) Declared ineligible,
(5) Voluntarily excluded, or
(6) Disqualified,
b. Its management has not within a three-year period preceding its latest application or proposal been convicted of or had a civil judgment rendered against any of them for:
(1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction, or contract under a public transaction,
(2) Violation of any Federal or State antitrust statute, or (3) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making any false statement, or receivingstolen property,
c. it is not presently indicted for, or otherwise criminally or civilly charged bya governmental entity (Federal, State, or local) with commission of any of the offenses listed in the preceding subsection 2.b of this Certification, d. It has not had one or more public transactions (Federal, State, or local) terminated for cause or default within a three-year period preceding this Certification,
e. if, at a later time, it receives any information that contradicts thestatements of subsections 2.a - 2.d above, it will promptly provide that information to FTA,
i

GILLIG LLC
APRIL 11. 2019
GOVERNMENT -WIDE DEBARMENT AND SUSPENSION iNONPROCUREMEND f. It will treat each lower tier contract or lower tier subcontract under its Project as a covered lower tier contract for purposes of 2 CFR part 1200 and 2 CFR part 180 if it:
(1) Equals or exceeds $25,000,
(2) Is for audit services, or
(3) Requires the consent of a Federal official, and
g. It will require that each covered lower tier contractor and subcontractor:
(1) Comply and facilitate compliance with the Federal requirements of 2CFR parts 180 and 1200, and
(2) Assure that each lower tier participant in its Project is not presently declared by any Federal department or agency to be:
a. Debarred from participation in its federally funded Project, b. Suspended from participation in its federally funded Project, c. Proposed for debarment from participation in its federally funded Project,
d. Declared ineligible to participate in its federally funded Project, e. Voluntarily excluded from participation in its federally fundedFroject, or
f. Disqualified from participation in its federally funded Project, and

3. It will provide a written explanation as indicated on a page attached in FTA's TrAMS platform or the Signature Page if it or any of its principals, including any of its first tier Subrecipients or its Third -Party Participants at a lower tier, is unable to certify compliance with the preceding statements in this Certification Group.

Certification
Contractor SEE ATTACHED SIGNED CER 8.2 DEBARMENT AND SUSPENSION CERTIFICATION FOR PROSPECTIVE CONTRACTOR.

Signature of Authorized Official _ Date / / Name
and Title of Contractor's Authorized Official
GILLIG DOES NOT SUBCONTRACT THE MANUFACTURE OF OUR TRANSIT BUSES.

WE MANUFACTURE ALL OUR VEHICLES AT ONE LOCATION ONLY IN CALIFORNIA.

GILLIG LLC
APRIL 11, 2019

PRE- AWARD CERTIFICATION REQUIREMENT FOR PROCUREMENT OF ROLLING STOCK (RECIPIENT) U'y AMERICA REQUIREMENT;:

Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If contractor certifies compliance with Buy America, it shalt submit documentation listing:

A. Component and subcomponent parts of the rolling stock to be purchased Identified by manufacturer of the parts, their country of origin and casts; and B. The location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the Cost of flnalassembly.

C. Solicitation Specification Requirements: Contractor shall submit evidence that It will be capable of meeting the bid specifications.

D, Federal Motor Vehicle Safety Standards (FMVSS): Contractor shall submit ij manufacturer's FMVSS self -certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturers certified statement thet the buses wlli not be subject to FMVSS regulations.

As required by Title 49 of the CFR, Part 663 - SubpartB, NOT APPLICABLE _ _ _ (the recipient) is satisfied that the buses to bepurchased, _ _ (number and description of buses)from _ _
_(the manufsctur©r),
meet the requirements of Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended. The recipient or its appointed analyst
(the analyst not the manufacturer or its agent), has reviewed documentation provided by the manufacturer, which fists (I) the proposed component and subcomponent parts of the buses identified by manufacturer, country or origin, and cost; and (2) the proposed location of the final assembly point for the buses, including a description of the activities that will take place al the final assembly point and the cost of final assembly.

PRE -AWARD PURCHASER'S REQUIREMENTS CERTIFICATION
As required by Title 49 of the CFR, Parl 663 -- Subpart B. NOT APPLICABLE (the recipient) certifies that the buses to be purchased, (number and description of buses)from
(the manufacturer), are the
same product described In the recipient's solicitation specification and that the proposed manufacturer Is a responsible manufacturer with the capability to produce a bus that meets the specifications.

YRE-AWARD FMVSS COMPLIANCE CERTIFIcATIO11I NOT APPLICABLE As required by Title 49 of the CFR, Part 663 —Subpart D, (the recipient) certifies that it received, at the preaward stage, a copy of 's (the manufacturer) self -certification information stating that the buses,_ (number and description of buses), will comply with the relevant Federal Motor Vehicle Safety Standards Issued by tine National Highway Traffic Safety Administration in Title 49 of the Code of Federal Regulations, Part 571.

Date:

Signature:

Title
GILLIG PROVIDES THE REQUIRED PRE -AWARD BUY AMERICA DOCUMENTATION. THE COMMONWEALTH AS THE RECIPIENT MUST AUDIT AND FILL OUT THIS FORM.

GILLIG LLC
APRIL 11, 2019
PRE -AWARD CERTIFICATION FOR PROCUREMENT OF ROLLING STOCK "VE ft3C1fZ 71 R ,41 r7, Mar 2 r, icon, aA anloniferf of 72 FR saw sue:. 2o,, 2007 la FR 302?9, Juno 25,, 209 PRE -AWARD 6UDfl REQUIREMENTS
A recipient purchasing revenue service roiling stock with FTA funds must ensure that a pre -award audit under this part is complete before the recipient enters into a formal contract far the purchase of such rolling stock

DESCRIPTION OF PRE -AWARD AUDIT
A pre -award audit under this part includes— (a) A Buy America certification, (b) A purchaser's requirements certification; and (c) Where appropriate. a manufacturer's Federal Motor Vehicle Safety certification information

PRE -AWARD BULAMERICA CERTIFICATION
For purposes of this part, a pre -award Buy America certification is a certification that the recipient keeps on file That
(a) There Is a letter from FTA which grants a waiver to the rolling stock to be purchased from the Buy America requirements under section 165(b)(1), (b)(2), or (b)(4) of the Surface Transportation Assistance Act of 1982, as amended, or
(b) The recipient is satisfied that the rolling stock to ne purchased meets the requirements of section 165(a) or (b)(3) of the Surface Transportation Assistance Act of 1982, as amended, after having. reviewed itself or through an audit prepared by someone other Than the manufacturer or ita agent documentation provided by the manufacturer which lists:
(1)
The Component and subcomponent parts of the rolling stock that are produced in the United States is more than sixty percent (60°%) of the cost of all components artd subcomponents of the vehicle identified by the manufacturer; and (2) The location of the final assembly must take place in the United States (4g CFR 661.11), • including a description of the activities that will take place at the final assembly point and the cast of final assembly,
PRE-AWARQBARCHASER REQUIREMENTS CERI,FiCA-11Qtt
For purposes of this part, a pre -award purchaser's requirements certification is a certification a recipient keeps on fire that:
(a)
The roiling sleek the recipient is contracting for is the same product described in the purchaser's solicitation specification; and
(b) The proposed manufacturer is a responsible manufacturer with the capability to produce a vehicle that meets the recipient's specification set forth in the recipient's solicitation_ if buses or other rolling stock (including train control. communication, and traction power equipment) are being procured, the appropriate certificate as set forth below shall be completed and submitted by each bidder In accordance with the requirements in 49 CFR 661.13(b) PRE -A VARDJMVSS Cd141PIJAE(CE CEI'.iTIFICATIQN
As required by Title 49 of the CFR, Part 663 - Subpart C. the recipient certifies that it received,, at the pre - award stage, a copy of the manufacturers serf -certification information stating that the buses will comply with the relevant Federal Motor Vehicle Safety Standards issued by the National Highway Traffic Safely Administration in Title 49 of the Coda of rederal Regulations, Part 571.

PRE -AWARD PURCHASER'S REQUIREMENTS CERTIFICATION
As required by Title 49 of the CFR. Part 663 - Subpart B, Department of Rail and Public Transportation (the recipient) certifies that the buses to be purchased, 35' and 40' Electric Buses (description of buses) from Gillig, LLC (the manufacturer), are the same product described in the recipient's solicitation specification and that the proposed manufacturer is a responsible manufacturer with the capability to produce a bus that meets the specifications.

Date: May 1, 2019
Recipient Signature
Print Name: Neil I. Sherman
Title: Director of Statewide Transit Projects

REVISIONS

MANUFACTURED BY GILLIG LLC
LIVERMORE, CALIFORNIA DATE:

GVWR: kg lb
GAWR: FRONT kg lb
WITH
TIRES,
RIMS AT kPa psi COLD SINGLE
GAWR: REAR kg lb

WITH TIRES,
RIMS AT kPa psi COLD DUAL
THIS VEHICLE CONFORMS TO ALL APPLICABLE U.S.

FEDERAL MOTOR VEHICLE SAFETY STANDARDS IN EFFECT
ON THE DATE OF MANUFACTURE SHOWN ABOVE.

VEHICLE I.D. NO.: MODEL:

TYPE OF VEHICLE: BUS
ENGINE NUMBER:

UNLADEN WEIGHT: lb
59-35132-007
MUG u.C

HANARD, CA

View Details - Entity Overview I System for Award Management

Page 1 of 1 ends

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https://sam.gov/SAM/pages/public/entitySearch/entitySearchEntityOverview jsf 5/20/2019

Attachment C

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT
STD 213 (Rev. 03/2019)

AGREEMENT NUMBER
1-19-23-17B

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

PURCHASING AUTHORITY NUMBER (If Applicable)
N/A

CONTRACTING AGENCY NAME
Department of General Services, Procurement Division

CONTRACTOR NAME
New Flyer of America, Inc.

2. The term of this Agreement is:

START DATE
November 1, 2019, or upon DGS approval, whichever is later.

THROUGH END DATE
October 31, 2021, or two (2) years after DGS approval of contract, whichever is later. (The contract may be extended for three (3) additional one (1) year periods or portion thereof.)

3. The maximum amount of this Agreement is:
$0.00 (No guarantee of contract expenditure)

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement

EXHIBITS
TITLE
PAGES
Exhibit A
RFP Event ID 0000010012, Section 3 - Requirements
15 Exhibit B
Cost Worksheet
6 Exhibit C
Contractors final proposal, including BAFO, is hereby incorporated as part of this contract. 465
The entire RFP Event ID 0000010012 is hereby incorporated by reference and made part of this contract. All purchase orders issued under this contract incorporate the terms and conditions set forth in this contract.

Ministerial changes to the contract, such as contract administrator, URL additions, etc., will be handled by Supplement only and must be approved by the Contract Administrator.

Items shown with an asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

These documents can be viewed athtips:// www.dgs.ca.gov/OLS/Resources !N WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME {if other than an individual, state whether a corporation, partnership, etc.) New Flyer of America, Inc.

CONTRACTOR BUSINESS ADDRESS
6200 Glenn Carlson Drive

PRINTED NAME OF PERSON SIGNING
Glenn Asham
CITY
St. Cloud
TITLE
Chief Financial Officer
STATE
MN
ZIP
56301

CONTRACTOR AUT O SIGNATURE

DATE SIGNED
DGE -it3 K (a, ao,cr

Page 1 of 2 ends

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT
STD 213 (Rev. 03/2019)

AGREEMENT NUMBER
1-19-23-17B

STATE OF CALIFORNIA
PURCHASING AUTHORITY NUMBER (If Applicable)
N/A

CONTRACTING AGENCY NAME
Department of General Services, Procurement Division

CONTRACTING AGENCY ADDRESS
707 3rd Street, 2nd Floor
CITY
West Sacramento
STATE
CA
ZIP
95605

PRINTED NAME OF PERSON SIGNING
Rhonda Smith
TITLE
Chief, Acquisitions Branch
CO
RACTING AC, NCY UTL O'RP!ED SIGNATURE
uki
CALIFORN A DEPARTME OF GENER(i
1,

SERVICES APPRO JDEPARTWENT OF CENERAL SERV CE

PROCUREMENT DIVISION

APPROVED
BY41
DATE /

DATE SIG ED
EXEMPTIO (If Appli able)

Page 2 of 2 ends

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT - AMENDMENT
STD 213A (Rev. 4/2020)
n CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED PAGES
SCO ID:

AGREEMENT NUMBER
1-19-23-17B

AMENDMENT NUMBER
1 Purchasing Authority Number

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME
Department of General Services, Procurement Division

CONTRACTOR NAME
New Flyer of America, Inc.

2. The term of this Agreement is:

START DATE
December 16, 2019

THROUGH END DATE
December 15, 2022

3. The maximum amount of this Agreement after this Amendment is:
$0.00

4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:

This Amendment #1 accomplishes the following:

Exercises the option to extend the Agreement for up to one (1) additional year. The contract term is December 16, 2019, through no later than December 15, 2022. The contract may be terminated prior to December 15, 2022 upon thirty (30) days' notice to the Contractor.

Except as affected by this Amendment #1, the terms and conditions of Agreement 1-19-23-17B remain unchanged and in full force and effect.

All other terms and conditions shall remain the same.

IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) New Flyer of America, Inc.

CONTRACTOR BUSINESS ADDRESS
6200 Glenn Carlson Drive
CITY
St. Cloud
STATE
MN
ZIP
56301

PRINTED NAME OF PERSON SIGNING
Jennifer McNeill
TITLE
Vice President, Sales & Marketing

CONTRACTOR AUTHORIZED SIGNATURE
?,110(1.0111
Digitally signed by Jennifer McNeill
Date: 2021.04.06 09:00:23 -05'00'

DATE SIGNED
4/6/2021

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME
Department of General Services, Procurement Division

CONTRACTING AGENCY ADDRESS
707 3rd Street
CITY
West Sacramento
STATE
CA
ZIP
95605

PRINTED NAME OF PERSON SIGNING
Carol Bangs
TITLE
Acquisition Chief

CONTRACTING AGENCY AUTHORIZED SIGNATURE
Carol Bangs
Digitally signed by Carol Bangs
Date: 2021.05.1817:57:26 -07'00'

DATE SIGNED

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL
EXEMPTION (If Applicable)

Page 1 of 1 ends

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES
SCO ID:

STANDARD AGREEMENT - AMENDMENT
STD 213A (Rev. 4/2020)
n CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED PAGES

AGREEMENT NUMBER
1-19-23-17B

AMENDMENT NUMBER
2 Purchasing Authority Number

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME
Department of General Services, Procurement Division

CONTRACTOR NAME
New Flyer of America, Inc.

2. The term of this Agreement is:

START DATE
December 16, 2019

THROUGH END DATE
December 15, 2023

3. The maximum amount of this Agreement after this Amendment is:
$0.00

4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:

This Amendment #2 accomplishes the following:

Exercises the option to extend the Agreement for up to one (1) additional year. The contract term is December 16, 2019, through no later than December 15, 2023. The contract may be terminated prior to December 15, 2023 upon thirty (30) days' notice to the Contractor.

Except as affected by this Amendment #2, the terms and conditions of Agreement 1-19-23-17B remain unchanged and in full force and effect.

All other terms and conditions shall remain the same.

IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) New Flyer of America, Inc.

CONTRACTOR BUSINESS ADDRESS
6200 Glenn Carlson Drive
CITY
St. Cloud
STATE
MN
ZIP
56301

PRINTED NAME OF PERSON SIGNING
TITLE

CONTRACTOR AUTHORIZED SIGNATURE
Digitally signed by Jennifer McNeill
Date: 2022.10.0617:26:16 -05'00'

DATE SIGNED

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME
Department of General Services, Procurement Division

CONTRACTING AGENCY ADDRESS
707 3rd Street
CITY
West Sacramento
STATE
CA
ZIP
95605

PRINTED NAME OF PERSON SIGNING
Christina Nunez
TITLE
Manager, Contracts Management Section

CONTRACTING AGENCY AUTHORIZED SIGNATURE
Christina Nunez
Digitally signed by Christina Nunez
Date: 2022.10.27 15:05:40 -07'00'

DATE SIGNED
10/27/2022

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL
EXEMPTION (If Applicable)

Page 1 of 1 ends

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT - AMENDMENT
STD 213A (Rev. 4/2020)
n CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED PAGES
SCO ID:

AGREEMENT NUMBER
1-19-23-17B

AMENDMENT NUMBER
3 Purchasing Authority Number

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME
Department of General Services, Procurement Division

CONTRACTOR NAME
New Flyer of America, Inc.

2. The term of this Agreement is:

START DATE
December 16, 2019

THROUGH END DATE
December 15, 2024

3. The maximum amount of this Agreement after this Amendment is:
$0.00

4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:

This Amendment #3 accomplishes the following:

Exercises the option to extend the Agreement for up to one (1) additional year. The contract term is December 16, 2019, through no later than December 15, 2024. The contract may be terminated prior to December 15, 2024 upon thirty (30) days' notice to the Contractor.

Except as affected by this Amendment #3, the terms and conditions of Agreement 1-19-23-17B remain unchanged and in full force and effect.

All other terms and conditions shall remain the same.

IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) New Flyer of America, Inc.

CONTRACTOR BUSINESS ADDRESS
6200 Glenn Carlson Drive
CITY
St. Cloud
STATE
MN
ZIP
56301

PRINTED NAME OF PERSON SIGNING
Jennifer McNeill
TITLE
Vice President, Sales & Marketing

CONTRACTOR AUTHORIZED SIGNATURE
?,110(1,411
Digitally signed by Jennifer McNeill
Date: 2023.07.26 0719:30 -05'00'

DATE SIGNED
20 July 2023

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME
Department of General Services, Procurement Division

CONTRACTING AGENCY ADDRESS
707 3rd Street
CITY
West Sacramento
STATE
CA
ZIP
95605

PRINTED NAME OF PERSON SIGNING
Christina Nunez
TITLE
Manager, Contracts Management Section

CONTRACTING AGENCY AUTHORIZED SIGNATURE
Christina Nunez
Digitally signed by Christina Nunez
Date: 2023.07.27 10:50:09 -07'00'

DATE SIGNED
07/27/2023

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL
EXEMPTION (If Applicable)

Page 1 of 1 ends

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 a Job Order Contract Agreement with Newton Construction & Management for the Wastewater Treatment Plant Metal Building Maintenance Project
Description:

The City Council will consider adopting a Resolution authorizing the Director of Public Works to execute a Job Order Contract Agreement with Newton Construction & Management for the Wastewater Treatment Plant Metal Building Maintenance Project in the amount of $449,122.36.

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 approving a Job Order Contract Agreement with Newton Construction & Management for the Wastewater Treatment Plant Metal Building Maintenance Project in the amount of $449,122.36; and

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

BACKGROUND:

The Wastewater Treatment Plant (WWTP) Metal Building Maintenance Project was identified as a necessity in the current budget due to multiple roof and building repairs needed over the past two years. The harsh operating environment at the WWTP has caused rust damage, leading to roof leaks during the rainy season. Without replacement of the roof and associated repairs, further deterioration could occur, potentially damaging water system software and office furnishings. The City of Santa Maria Public Works Department- Engineering Division prepared the project scope of work and specifications.

DISCUSSION:

The City's Public Works Engineering Division utilizes four methods to construct City projects in the most cost-effective and efficient manner possible. The four methods used are: Formal Bidding, Informal Bidding, Job -Order Construction Contracting (JOC), and

construction performed by in-house City crews. Utilizing a JOC has proven to be an effective method and useful tool to construct and implement City projects.

Due to the need for repairs at the WWTP Metal Building, the Public Works Department and Utilities Department recommend utilizing a pre -solicited Sourcewell JOC with Newton Construction & Management. This method streamlines procurement, accelerates delivery, and ensures competitive pricing. Sourcewell contracts are competitively solicited and comply with local, state, and federal procurement requirements, helping municipalities avoid potential legal challenges and protests.

Alternative(s)
City Council may choose to deny entering into a Sourcewell Job Order Contract Agreement with Newton Construction & Management and direct staff to issue a formal in- house bid. This alternative is not recommended, as it would cause delays in repairing the facility before the rainy season, increasing the risk of further damage to existing infrastructure.

Fiscal Considerations
Sufficient funds for this project have been budgeted in the Fiscal Year 2025/2026 adopted budget.

Project Account
Adopted Budget
SC7300 CC0260 FD640
$450,000.00
Total Protect Expenditures
$449,122.36
Impact to the Community
The community will benefit from the WWTP Metal Building Maintenance Project by ensuring the City can continue managing the water system without risk of damage to the software equipment. City employees will benefit from a safe, dry workplace environment, avoiding potential relocation of staff and equipment, which could otherwise result in significant additional costs.

ATTACHMENT'S)
A. Resolution
B. Agreement
C. Sourcewell Contract CA-R7-GB-101723-NCM
D. Sourcewell Contract CA-R7-GB-101723-NCM — Extension
2 Attachment A
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

APPROVING A JOB ORDER CONTRACT AGREEMENT WITH

NEWTON CONSTRUCTION & MANAGEMENT FOR THE

WASTEWATER TREATMENT PLANT METAL BUILDING
MAINTENANCE PROJECT IN THE AMOUNT OF $449,122.36
WHEREAS, the Wastewater Treatment Plant (WWTP) Metal Building Maintenance Project was identified as a necessity in the current budget due to several repairs needed for the building and roof over the past two years; and WHEREAS, the City of Santa Maria Public Works Department --Engineering Division prepared the project scope of work and specifications; and WHEREAS, the harsh environment at WWTP has caused rust damage, leading to roof leaks during the rainy season, potentially damaging the data software equipment used for the water system and office furnishings; and
WHEREAS, the Public Works Department, in coordination with the Utilities Department, determined using a pre -solicited Job -Order Construction Contracting (JOC) with Newton Construction & Management through Sourcewell will be highly beneficial because it streamlines the procurement process, accelerates project delivery, and ensures competitive pricing; and
WHEREAS, Sourcewell contracts are competitively solicited and meet local, state, and federal procurement requirements. Sourcewell helps municipalities stay compliant with regulations, avoiding potential legal challenges and protests; and WHEREAS, sufficient funds for this project have been budgeted in the FY 2025/2026 adopted budget totaling $450,000.

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

SECTION 1. Approving a Job Order Contract Agreement with Newton Construction & Management for the Wastewater Treatment Plan Metal Building Maintenance Project in the amount of $449,122.36; and
SECTION 2. Authorizing the City Manager or designee to execute the Job Order Contract Agreement; and

Page 1 of 2 ends

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

Page 2 of 2 ends

APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
City Manager

Attachment B

SANTA MARIA CITY HALL ROOFING PROJECT
THIS AGREEMENT, made and entered into this 21st day of October 2025, by and between Newton Construction & Management 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. Contractor has entered into an agreement with Sourcewell, Job -Order Construction Contracting (JOC) number CA-R7-GB-101723-NCM, incorporated herein and referred to as the JOC Contract Documents.

2. This Agreement and its terms shall constitute the Purchase Order required by the JOC Contract Documents.

3. Pursuant to the JOC Contract Documents and the Contract Documents of this Purchase Order (as defined in the General Conditions, attached as Exhibit A), Contractor shall complete the work generally described as follows: SANTA MARIA

WASTEWATER TREATMENT PLANT METAL BUILDING MAINTENANCE
PROJECT, in accordance with the Contract Documents therefore, adopted by the City Council, of Owner, as prepared by the City of Santa Maria Public Works Engineering Division.

4. 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 through the JOC Contract Documents and process.

Total Bid of: FOUR HUNDRED FORTY-NINE THOUSAND ONE HUNDRED

TWENTY-TWO AND THIRTY-SIX CENTS
Contract Price in Figures: $449,122.36

5. Contractor agrees to complete said work within the contract time of NINETY WORKING DAYS (90), 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.

6. Time is of the essence on this contract.

7. It is mutually understood and agreed that time is of the essence of this agreement

Attachment B
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.

8. 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.

9. That, in accordance with Section 1774 of the California Labor Code, Contractor will pay, and will require subcontractors to pay, employees on the work 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 this Purchase Order or the Contract Documents.

10. 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.

11. 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.

12. 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.

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

14. That Contractor shall have furnished, prior to execution of the contract, three bonds on a form approved by Owner: (1) the faithful performance bond in the amount of one-

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hundred percent (100°/0) 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.

15. That Contractor, prior to execution of the contract, shall comply with the following Department of Industrial Relations requirements:
• 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 limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
• 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. • This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

16. That Contractor agrees to devote the hours 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.

17. The agreement shall be binding on and shall insure 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.)

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IN WITNESS WHEREOF, said Contractor and the Director of Public Works, thereunto duly authorized, have caused the names of said parties to be affixed hereto, each in duplicate, the day and year first above written.

CONTRACTOR CITY OF SANTA MARIA, a Municipal
Corporation

DARIN TERRAZAS
Project Manager BRETT FULGONI
Director of Public Works
ATTEST:

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

Risk Manager
City Attorney

Attachment B
EXHIBIT "A"

GENERAL CONDITIONS
DOCUMENT 00700

Attachment B
DOCUMENT 00700

GENERAL CONDITIONS
PART 1 DEFINITIONS

1.01 DEFINED TERMS
A. Wherever in these General Conditions and in other Contract Documents the following terms are used, their intent and meaning shall be interpreted as stipulated herein.

1. ADDENDUM: A supplement to any of the contract documents issued in writing prior to the opening of bids.

2. AGREEMENT: The written instrument executed by Contractor and Owner by which Contractor is bound to perform the work within the contract time and Owner is obligated to compensate Contractor therefore at the contract price set forth therein.

3. CHANGE ORDER: A document signed by Owner, Engineer, and Contractor authorizing an addition, deletion, or revision in the work; or an adjustment in the contract price, or the contract time, or both; issued after the date of execution of Document 00500, Agreement.

4. CONTRACT: Agreement.

5. CONTRACT DOCUMENTS: The Notice Inviting Bids; Instructions to Bidders; Bid Forms; Certificates and Affidavits; Agreement and Supplements thereto, including Change Orders; Payment Bond; Performance Bond; General Conditions; Supplementary General Conditions; Special Provisions; and other Specifications; Drawings; and Addenda, if any.

6. CONTRACT PRICE: The moneys payable by Owner to Contractor under the contract documents as stated in the Agreement.

7. CONTRACTOR: The person, firm, or corporation who has entered into the contract with Owner for the performance of the work.

8. DAYS: Unless otherwise designated, days shall be understood to mean calendar days.

9. DEFECTIVE: An adjective when modifying the word "work" refers to work that is unsatisfactory; faulty; deficient; otherwise does not

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conform to the contract documents; does not meet the requirements of any inspection, reference standard, test, or approval referred to in the contract documents; or has been damaged prior to Engineer's recommendation of final payment.
a. Conditions for damage to work covered under partial
acceptance are specified in the Special Provisions.

10. DESIGN ENGINEER: The person, firm, or corporation including its principals, agents, and employees, designated by Owner to prepare drawings and specifications for the work.

11. DRAWINGS: The drawings which show the character and scope of the work to be performed and which have been prepared by Design Engineer, referred to in and part of the contract documents.

12. ENGINEER: The City Engineer of the City of Santa Maria or the City Engineer's designated agent.

13. NOTICE INVITING BIDS: The public announcement inviting bids for the performance of the work.

14. LAWS AND REGULATIONS: LAWS OR REGULATIONS: Laws,
rules, regulations, ordinances, codes, orders.

15. NOTICE -TO -PROCEED: A written directive issued by Owner, authorizing Contractor to start performance of the work.

16. OWNER: City of Santa Maria.

17. PLANS: Drawings.

18. PROJECT: The total construction contemplated by Owner of which the work may be the whole or a part, as described in the contract documents.

19. SPECIFICATIONS: Those portions of the contract documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the work, and certain administrative details applicable thereto.

20. SUBCONTRACTOR: The person, firm, or corporation having a direct contract with Contractor or with any other subcontractor for the performance of the part of the work at the site.

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21. SUPPLEMENTAL AGREEMENT: Written amendment to the
contract documents signed by Owner and Contractor.

22. WORK: The entire completed construction or the various separately identifiable parts thereof required to be furnished under the contract documents.
a. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the contract documents.

PART 2 PRELIMINARY MATTERS

2.01 BONDS
A. Bonds, surety requirements, and delivery are stipulated in Document 00100, Instructions to Bidders.

2.02 CONTRACTOR'S INSURANCE AND INDEMNIFICATION
A. General

1. Contractor shall carry all insurance required by Federal, State, County, and local Laws and Regulations.

2. Neither Contractor nor any subcontractor shall enter the site of the work or commence work under this contract before Owner, relying on Contractor's evidence of insurance, has issued the Notice -to - Proceed.

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

4. Contractor shall secure and maintain, during the contract time and warranty period, certain insurance that shall protect Contractor, Subcontractor, Owner, and Design Engineer in such manner and amounts as set forth hereinafter.

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a. The insurance requirements stipulated herein shall not be construed as limiting Contractor's liability.

5. All loss or damage arising from obstructions or difficulties which may be encountered in the prosecution of the work, from the action of the elements, or from any act or omission on the part of Contractor or any subcontractor, supplier, person, or agent employed by Contractor shall be borne by Contractor.

6. Deductibles and Self -insured Retentions
a. Deductibles and self -insured retentions shall be declared to and approved by Owner.
b. At the option of Owner, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the Owner and Design Engineer, its officers, officials, employees and volunteers or Contractor shall provide a
financial guarantee satisfactory to the Owner guaranteeing payment of losses and related investigations, claims
administration, and defense expenses.

7. Contractor shall include subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor.
a. Coverage's for subcontractors shall be subject to the requirements stipulated herein.

B. Verification of Coverage

1. Contractor shall furnish Owner with original certificate and amendatory endorsements of the applicable policy language effecting coverage required by this clause

2. Endorsements shall be signed by a person authorized by that insurer to bind coverage on its behalf.

3. The endorsements shall be on forms provided by Owner, or on other than Owner's forms, or a separate owner's policy, provided those forms or policies are approved by the Owner and amended to conform to the Owner's requirements.

4. Endorsements shall be received and approved by Owner before work commences. All certificates and endorsements are to be

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received and approved by Owner before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them.

Owner 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

5. Owner has the right to secure from the Contractor certified copies of all required insurance, including endorsements affecting the coverage required by these specifications.

C. 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.

D. Workers Compensation Insurance

1. Contractor shall take out and maintain Workers Compensation Insurance as required by the State of California for all of its employees at the site of the work and Employer's Liability Insurance in the amount of $1,000,000 per accident for bodily injury or disease during the life of this contract.
a. The Contractor's Workers Compensation and Employer's Liability policy shall be endorsed to provide a waiver of subrogation by the carrier to Owner and Design Engineer.

2. Contractor shall require each subcontractor to provide workers Compensation Insurance for its employees unless the Contractor covers such employees.

3. In the event any class of employees engaged in hazardous work under this contract is not protected by the Workers Compensation Statute, Contractor shall provide, and shall cause its subcontractors to provide, special insurance for the protection of such employees not otherwise protected.

E. Commercial General liability Insurance

1. Contractor shall procure, and maintain during the life of the contract, coverage in the amount of $2,000,000 per occurrence for bodily injury, personal injury and property damage at least as broad as ISO Commercial General Liability Insurance (Form CG 0001) necessary to protect itself, Owner, Design Engineer, and Subcontractors performing work under this contract, from all claims and legal costs for bodily injury or personal injury, including accidental death and property damage claims arising from operations under this contract,

Attachment B
whether such operations are the Contractor's or the subcontractor's.

2. The policy shall be endorsed to include the following provisions:
a. The Owner and Design Engineer, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or
operations. This can be provided in the form of an
endorsement to the Contractor's insurance or as a separate owner's policy.
b. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the Owner and Design Engineer, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Owner and/or Design Engineer, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. c. This coverage shall not be canceled by either party, except after 30 days prior written notice by certified mail, return receipt requested has been given to the owner and Design Engineer.

3. The minimum limits of the insurance shall be as follows:
a. $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 of $2,000,000 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. A separate general aggregate limit of $2,000,000 will also apply for Products and Completed
Operations.
b. Errors and omissions liability insurance appropriate to the Design Engineer's or other Consultant's profession.

Architects and engineers' coverage is to be endorsed to include contractual liability, $1,000,000 per occurrence or claim, $2,000,000 aggregate, if applicable.

F. Automobile Liability

1. Insurance Services Office Business Auto Coverage Form Number

Attachment B
CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).

2. The policy shall be endorsed to include the following provisions:
a. This coverage shall not be canceled by either party, except after 30 days prior written notice by certified mail, return receipt requested has been given to the owner and Design Engineer.

G. 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

Attachment B
endorsement from the insurer.

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

H. 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 I circumstances.

2.03 CONTRACT DOCUMENTS
A. Copies of Documents

1. The number and time of delivery of copies of contract documents are stipulated in Document 00100, Instructions to Bidders.

B. Intent of Contract Documents

1. The contract documents comprise the entire agreement between Owner and Contractor concerning the work.

2. The contract documents are complementary; what is called for by one is as binding as if called for by all.

3. The contract documents shall be construed in accordance with the laws of the State of California.

4. The intent of the contract documents is to describe a functionally complete work, which Contractor shall construct in accordance with the contract documents.

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a. Work, materials, and equipment that may be inferred
reasonably from the contract documents or from prevailing custom or trade usage as being required to produce the
intended result shall be furnished and performed by
Contractor whether or not specifically called for.
b. References to standard specifications, manuals, or codes of technical societies, organizations or associations, or to Laws and Regulations of a governmental authority, whether such references be specific or implied, shall mean the latest standard specification, manual, code, or Laws and
Regulations in effect at the time the Notice Inviting Bids was issued, except as may be otherwise specifically stated. 1) However, no provision of referenced standard
specifications, manuals, or codes, whether or not such
references be specifically incorporated in the contract documents, shall be effective to:
a) Change the duties and responsibilities of
Owner, Contractor, or Engineer, or any of their
consultants, from those set in the contract
documents.
b) To assign Engineer or any of Engineer's
consultants:
(a) Any duty or authority to supervise or
direct the furnishing or performance of
the work; or
(b) Any duty or authority to undertake
responsibility contrary to the provisions of
the contract documents.

C. Omissions, Conflicts, Errors, or Discrepancies

1. Where, during the performance of the work, Contractor finds omissions, conflicts, errors, or discrepancies in the contract documents, Contractor shall so report to Engineer, in writing, at once; and before proceeding with the work affected thereby shall obtain a written clarification or interpretation from Engineer pursuant to Article

4.02, Clarifications and Interpretations.

2. When Contractor feels that omissions, conflicts, errors, or discrepancies in the contract documents will cause or have caused

Attachment B
Contractor additional costs or delays in the performance of the work, Contractor may make a claim therefore in accordance with Article

5.50, Claims.
a. Accordingly, Contractor shall give Engineer:
1) Written notice of such claim within forty-eight hours after the occurrence of the cost and delay related to
such omissions, conflicts, errors or discrepancies.
2) Statement and supporting data within 7 days after the occurrence of the cost and delay related to such
omissions, conflicts, errors or discrepancies.
b. Except for such claims as are made of record in the manner and within the time stated in this Paragraph C., Contractor shall be deemed to have waived and does hereby waive all claims for damages and for adjustments to the contact time, the contact price, or both, resulting from omissions, conflicts, errors, or discrepancies in the contract documents.
c. The claim will be processed as stipulated in Article 5.05, Claims.

3. The contact documents shall be interpreted applying the following precedence rules:
a) Discrepancies between drawings and the figures written thereon shall be resolved by taking the figures as correct. 1) Figured dimensions shall govern over scaled
dimensions.
2) Full-scale drawings shall govern over reduced size
drawings.
3) Where a dimension necessary for the prosecution of
the work can only be obtained by means of a scaled
dimension, Contractor shall request a determination
from Engineer as provided in the preceding Sub-
paragraph 1, this Paragraph C.
b. The contract document higher in precedence shall control and supersede the contract documents lower in precedence in accordance with the following listing arranged from the highest to the lowest in precedence:

Attachment B
1 )
First: Addenda, if any; Supplemental
Agreements; and Change Orders; the
one dated later having precedence over
another dated earlier.
2) Second: Agreements.
3) Third: Special Provisions.
4) Fourth: Drawings.
5) Fifth: Supplementary General Conditions.
6) Sixth: General Conditions.
7) Seventh Standard Specifications
8) Eighth: Instructions to Bidders.
9) Ninth: Bid Forms.
10) Tenth: Notice Inviting Bids.

D. Amendment to Contract Documents

1. The contract documents may be amended in accordance with PART 5, AMENDMENTS AND CHANGES.

2. In giving clarifications and interpretations pursuant to Article 4.02 Clarifications and Interpretation, Engineer shall have authority to make minor changes in the work, not involving changes to the contract price or to the contract time.

E. Reuse of Documents
1 Neither Contractor nor any subcontractor or supplier or other person or organization performing or furnishing any of the work under a direct or indirect contract with Owner shall have or acquire any title to or ownership rights in any of the drawings, specifications, or other documents, or copies of any thereof, prepared by or bearing the seal of Design Engineer or Engineer, without the written consent of Owner and Design Engineer or Engineer.

2. Neither Contractor nor any subcontractor or supplier or other person or organization performing or furnishing any of the work under a

Attachment B
direct or indirect contract with Owner shall reuse any of the drawings, specifications, or other documents, or copies of any thereof on extensions of the project or any other project, without the written consent of Owner and Design Engineer or Engineer, and specific adaptation by Design Engineer or Engineer.

2.04 COMMENCEMENT OF CONTRACT TIME
A. Owner will issue the Notice -to -proceed not later than 60 days after the contract has been awarded, unless otherwise agreed in writing between Owner and Contractor.

B. Contractor shall commence performance of the work on or before the 10'" day after receiving the Notice -to -proceed, and shall complete the work within the contract time stipulated in Document 00500, Agreement.

C. Before starting construction Contractor shall submit a written work schedule of the work at least 5 days prior to commencement of construction. No work may proceed prior to the date of commencement. The City Engineer will establish this date, and the City Engineer will notify the Contractor in writing.

2.05 SITE OF THE WORK
A. Availability of Lands

1. Owner will furnish, as indicated in the contract documents, the lands upon which the work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for use of Contractor.

2. Easements for permanent structures or for permanent changes in existing facilities will be obtained and paid for by Owner, unless otherwise provided in the contract documents.

3. Contractor shall provide for additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.

4. When Contractor believes that delays in Owner's furnishing lands, rights -of -way, or easements entitles Contractor to an extension of contract time, Contractor may make a claim therefore in accordance with Article 5.50, Claims.

B. Underground Facilities

1. The Owner has endeavored to determine the existence of

Attachment B
underground facilities at the site of the work from the records of owners and operators of known underground facilities in the vicinity of the work.
a. The positions of these underground facilities as derived from such records may be indicated in the contract documents.

Contractor shall contact owners and operators of known
underground facilities to coordinate the work.
b. Service connections to utilities are not indicated in the contract documents.
c. Contractor shall expose and verify the locations and elevations of all existing utilities prior to beginning of all work.

Should unforeseen or unknown interference be encountered which create construction delays, the City shall not be held liable, nor will the Contractor press any claim for such unpredictable interference and delays. Prior to the start of construction, the Contractor shall contact Underground Services Alert (1-800-422-4133), forty-eight (48) hours minimum notice.

2. In addition to requirements of applicable Laws and Regulations, including California Government Code Section 4216, referenced in Article 3.07, Laws and Regulations, Contractor shall make its own investigations, including records searches and exploratory excavations, to determine the locations and type of existing underground facilities, service laterals or appurtenances when their presence can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes on or adjacent to the site of the work.
a. Contractor shall expose shown or inferred service laterals, appurtenances, and other inferred underground facilities, which might interfere with construction of the work, in order to permit survey location of such underground facilities prior to construction.
b. Where Contractor discovers underground facilities not marked by U.S.A., not identified in the contract documents, or in a position different from that indicated by U.S.A. or on the contract documents, Contractor shall immediately notify, in writing, Engineer and the owner or operator of the
underground facility.

3. When necessary to remove, relocate, protect, or temporarily maintain an underground facility because of interference with the work, the work on such underground facility shall be performed and

Attachment B
paid for as follows:
a. When it is necessary to remove, relocate, protect, or temporarily maintain an existing main or trunk line under- ground facility not marked by U.S.A. nor indicated in the contract documents with reasonable accuracy.
1) Owner will compensate Contractor:
a) for the costs of locating;
b) for the costs of repairing damage not due to the
failure of Contractor to exercise reasonable
care;
c) for the costs of removing, relocating, protecting,
or temporarily maintaining such underground
facilities; and
d) for the costs for equipment on the site
necessarily idled during such work.
2) These costs and the work to be done by Contractor in locating, removing, relocating, protecting, or
temporarily maintaining such underground facilities
shall be covered by a change order, in accordance with
Article 5.01, Amendments and Changes to Contract
Documents.
3) Owner may make changes in the alignment and grade
of the work to obviate the necessity to remove,
relocate, protect, or temporarily maintain such
underground facilities or to reduce the costs of the work involved in removing, relocating, protecting, or
temporarily maintaining such underground facilities.
a) Changes in alignment and grade will be covered
by a change order in accordance with Article

5.01, Amendments and Changes to Contract
Documents.
b) When it is necessary to remove, relocated,
protect, or temporarily maintain the
underground facility, the cost of which is not
required to be borne by the owner or operator
thereof, Contractor shall bear all expenses

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incidental to the work on the underground facility
or damage thereto.
4) The work on the underground facility work shall be
done in a manner satisfactory to the owner or operator
thereof; it being understood that the owner or operator of the underground facility has the option of doing such work with its own forces, or permitting the work to be
done by Contractor.
a) No representations are made that the obligation
to remove, relocate, protect, or temporarily
maintain any underground facility and to pay the
cost thereof is or is not required to be borne by
the owner or operator of such under -ground
facility and it shall be the responsibility of
Contractor to investigate and find out whether or
not said cost is required to be borne by the
owner or operator of the underground facility.
5) The stipulations of this Subparagraph b. do not apply to:
a) Existing main or trunk line underground facilities
not indicated in the contract documents with
reasonable accuracy.
b) Existing service laterals or appurtenances when
their presence cannot be inferred from the
presence of other visible facilities, such as
buildings, meters, and junction boxes on or
adjacent to the site of the work.

4. The right is reserved to governmental agencies and to owners and operators of underground facilities to enter, at any time, upon any street, alley, right-of-way, or easement for the purpose of making changes in their property made necessary by the work and for the purposes of maintaining and making repairs to their property.

5. In addition to procedures required by applicable Laws and Regulations, including California Government Code Section 4216 referenced in Article 3.07, Laws and Regulations, Contractor shall notify all owners of underground facilities when the work is in progress and shall make such arrangements as are necessary to make any emergency repair.

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6. Contractor shall not be assessed liquidated damages for delay in the contract time when such delay was caused by the failure of Owner or the owner or operator of the underground facility to provide for removal or relocation of such underground facility.

7. If, as a result of underground facilities interference and relocation, Contractor believes that adjustments to the contract price, the contract times, or both, are not satisfactory, Contractor may make a claim therefore in accordance with Article 5.05, Claims.

C. Lines and Grades

1. Profiles and elevations are indicated on the drawings.

2. Elevations are referred to a datum indicated on the drawings.

3. The Contractor shall pay all costs for the establishment and maintenance of lines and grades for the work.

D. Survey land monuments and property markers shall not be moved or otherwise disturbed by Contractor until an authorized agent of the agency, having jurisdiction over the land monuments or property markers setting, has witnessed or otherwise referenced their location, and only then in accordance with the requirements of the agency having jurisdiction.

PART 3 CONTRACTOR'S RESPONSIBILITIES

3.01 SUPERVISION AND SUPERINTENDENCE
A. Contractor shall supervise and direct the performance of the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the contract documents.

1. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but Contractor shall not be responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence, or procedure of construction which is indicated in and required by the contract documents.
a. When Contractor believes that a work demand is outside the requirements of the contract documents, or when Contractor believes that an action of Engineer is incorrect or unfair, Contractor may make a claim therefore in accordance with Article 5.05, Claims.
1) For such claim, Contractor shall give Engineer:

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a) Written notice of such claim within forty-eight
(48) hours after the occurrence of the cost and
delay related to such work demand or
Engineer's action.
b) Statement and supporting data within 7 days
after the occurrence of the cost and delay
related to such work demand or Engineer's
action.
2) Except for such claims as are made of record in the
manner and within the time stated in this Subparagraph
a., Contractor shall be deemed to have waived and
does hereby waive all claims for damages and for
adjustments to the contract time, the contract price, or both, resulting from work demands and from
Engineer's clarifications, interpretations, and findings. 3) The claim will be processed in accordance with Article

5.05, Claims.

2. When required by the contract documents, Contractor shall follow the sequence of operations set forth therein.

3. Contractor shall be responsible to see that the finished work complies accurately with the contract documents.

B. Contractor's Representative

1. Contractor shall, at all times during working hours, be represented in all matters pertaining to the work by one, and only one, competent and experienced general superintendent.
a. Before work is started at the site, Contractor shall give written notice to Engineer stating who Contractor's superintendent will be, giving this person's home address and telephone number.
1) A statement naming more than one general
superintendent to be in charge simultaneously, making
one or the other responsible depending upon who is
present at the time will not be acceptable.
b. Contractor shall inform Engineer in writing prior to any change of general superintendent.

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2. Communications issued by Engineer to Contractor's superintendent on the work shall be considered as having been given to Contractor.

C. Responsibility for Deviation from Plans
Notwithstanding any other provisions in the contract, to the contrary, it is understood and agreed that the failure of the engineer or any inspector on the project to observe or to notify the Contractor of deviations from the approved Plans and Specifications, whether or not such deviations could have been corrected if such notifications had been given, shall in no way relieve the Contractor of any responsibility or liability for the Contractor's failure to complete, and the Contractor shall be required to repair and complete the work covered by this contract in exact accordance with the approved Plans and Specifications and all applicable laws and regulations; and the Owner shall not be construed or be deemed to have waived its right to insist on exact compliance by the Contractor pursuant to the terms of this contract or the issuance of any inspection reports or any certificates of partial or final completion.

3.02 LABOR, MATERIALS, AND EQUIPMENT
A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the work and to perform construction of the work as required by the contract documents.

1. Contractor shall maintain good discipline and order at the site.

B. Unless otherwise specified in the Special Provisions, Contractor shall furnish, install, and assume responsibility for materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, heat, light, telephone, water, sanitary facilities and other temporary facilities, and all other facilities and incidentals necessary for the furnishing, installation, performance, testing, start-up and completion of the work.

1. Incidentals include, but are not limited to, dust, site drainage, noise, and traffic control measures.

C. Materials and Equipment for the Work

1. Materials and equipment incorporated in the work shall be of good quality and new and subject to review and acceptance by Engineer unless otherwise specified in the Special Provisions.

2. Where materials and equipment are referred in the specifications

Attachment B
followed by the expression "or equal," Engineer will decide the question of equality as stipulated under Article 3.04, Substitute or "Or Equal" Items.

3. Materials and equipment of a general description shall be good, free from defects, and adapted to the use for which provided.

4. The physical characteristics of materials and equipment not particularly specified shall conform, where applicable, to current standards published by the American Society for Testing and Materials (ASTM).

5. Materials and equipment shall be equal to the accepted samples, when samples have been submitted.

6. If the Engineer deems any of Contractor's equipment to be unsuitable, it shall be removed from the site and shall not be returned during this contract.

D. Storage of Materials and Equipment

1. Contractor shall provide proper storage facilities and exercise such measures as shall ensure the preservation of the specified quality and fitness of materials and equipment to be used in the work.

2. Stored materials and equipment shall be located so as to provide reasonable access for observation.

3. In case of suspension of work, Contractor shall store and protect materials and equipment as necessary to maintain the quality, integrity, and availability when performance of the work is resumed.

E. Payment for Labor and Materials

1. Contractor shall pay, when due, all valid charges for labor and material incurred by contractor and used in the construction of the work and shall also be responsible for keeping the job free of liens or "stop payment" notices recorded by or under Contractor or its subcontractors.

2. Nothing contained herein shall be deemed to waive any immunity or other provisions of law preventing imposition of mechanics' liens on public property.

3. When Contractor fails to make payments required under this Paragraph E., or when Contractor fails to keep the work free of

Attachment B
mechanics' liens or stop payment notices incurred by or under Contractor or its subcontractors, Owner may settle such claims and Contractor shall, on demand, reimburse Owner for amounts so paid, or Owner may withhold such amounts from payments due or to become due to Contractor.

3.03 ADJUSTING PROGRESS SCHEDULE
A. Contractor shall prepare and submit adjustments in the progress schedule to reflect the effect thereon of new developments; these shall conform generally to the progress schedule then in effect and additionally shall comply with provisions of the special provisions.

3.04 SUBSTITUTE OR "OR EQUAL" ITEMS
A. Article 1.05 Product Substitution of Document 00100 Instructions to Bidders, includes complementary provisions on materials and equipment listed by brand or trade name in the specifications and drawings.

B. Substitution Requests:

1. Requests for approval of substitute materials or equipment designated in the contract documents by a brand or trade name shall be submitted after award of the contract and not later than the time period stipulated in Article 1.05 referenced in the preceding Paragraph A.

2. Requests shall be made in writing and shall be accompanied by data, satisfactory to Engineer, that support the merits of the proposed substitute material or equipment.

3. The request shall state how the proposed substitute material or equipment compares with or differs from the specified material or equipment in composition, size, strength, arrangement,
performance, serviceability, maintenance, recommended inventory of spare parts, and other relevant characteristics and information; in addition, the request shall be accompanied by documented evidence of equality in price and delivery or evidence of difference in price and delivery.
a. Data on price shall be in the form of certified quotations from suppliers of both the specified and the proposed material or equipment.

C. Materials or equipment accepted for substitution shall meet applicable provisions of the contract documents.

Attachment B

1. Compliance with specific requirements of the contract documents shall be demonstrated and necessary modifications shall be made in order to meet such specific requirements and actual conditions under which the material or equipment will be required to perform.

D. When a substitution is allowed under the provisions of this Article 3.04 and the substitute material or equipment subsequently proves to be defective, Contractor shall, without cost to Owner, and without obligation on the part of Engineer, replace the substitute material or equipment with the material or equipment originally specified.

3.05 CONCERNING SUBCONTRACTORS AND OTHERS
A. Bidders shall list, in Document 00300, Bid Forms, any person making a bid or offer to perform the work, shall, in his or her bid or offer, set forth the name, the location of the place of business, and the California contractor license number of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater.

B. Contractor shall be responsible for the acts and omissions of subcontractors, suppliers, and other persons and organizations performing or furnishing any of the work under a direct or indirect contract with Contractor, just as Contractor shall be responsible for Contractor's own acts and omissions.

C. Nothing in the contract documents shall create any contractual relationship between Owner or Engineer and any such subcontractor, supplier, or third person on or near the project.

D. The divisions and sections of the specifications and the identifications of drawings shall not control Contractor in dividing the work among sub- contractors or others or delineating the work performed by any specific trade.

Attachment B

3.06 PATENT FEES AND ROYALTIES
A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the work or the incorporation in the work of any invention, design, process, product, or device which is the subject of patent rights or copyright held by others.

B. Contractor shall indemnify and save harmless Owner and Engineer from all liabilities, judgments, costs, damages, and expenses which may result from the infringement of any patents, trademarks, and copyrights by reason of the use of any proprietary materials, devices, equipment, or processes incorporated or used in the performance of the work.

3.07 LAWS AND REGULATIONS
A. Contractor shall procure all permits and licenses, give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the work. All permits required by the City of Santa Maria will be obtained through the Building Department of the City of Santa Maria (building permits), or the Public Works Department of the City of Santa Maria (encroachment permits). Contractors are advised all fees normally assessed by the City for permits and inspections, will be waived.

B. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations.

C. Contractor shall defend, indemnify and save harmless Owner and Engineer against claims arising from the violation of any Laws or Regulations, whether by Contractor, any subcontractors, or any suppliers.

D. Some laws and Regulations applicable to the performance of the work are referenced in the following subparagraphs which also contain a brief excerpt; however, no representation is made that all applicable Laws and Regulations are referenced, that the references are current and correct, or that the excerpts are correct and include all the relevant information.

1. Subsurface Installations: California Government Code, Sections 4216 et seq., cover requirements and procedures relating to excavation in areas which are known, or reasonably should be known, to contain subsurface installations; notifications to subsurface installations owners and operators; time required for notices before excavation; and related matters.

2. Requirement of Payment: Pursuant to Section 1771 of the California Labor Code, Contractor and subcontractors shall pay to workmen employed in the performance of the work not less than the general

Attachment B
prevailing rate of per diem wages for work of a similar character in the locality of the work, and no less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in said Labor Code.

3. Specification of Prevailing Wage Rates in Call for Bids: Pursuant to provisions in Section 1773.2 of the California Labor Code, copies of the prevailing rate of per diem wages are on file at Owner's principal office and are available for examination by any interested party on request, during normal business hours.

4. Pursuant to provisions in Section 1773.1 of the California Labor code, Contractor shall make payment for travel and subsistence as required in said Section 1773.1.

5. Forfeiture for Paying Less than Prevailing Rate: Pursuant to Section 1775 of the California Labor Code, Contractor shall comply with the provisions of said Section 1775 and forfeit as a penalty not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for the work or craft corresponding to such worker, whether employed by Contractor or any subcontractor.

6. Payroll Record of Wages Paid: Pursuant to Section 1776 of the California Labor Code, Contractor shall keep an accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor for the performance of the work.
a. A certified copy of payroll records shall be submitted to Owner, and shall be made available for inspection or
furnished upon request to a representative of the California Division of Labor Standards Enforcement and Division of Apprenticeship Standards.
b. In case of noncompliance with said Section 1776 and after a 10 -day period following receipt of written notice, Contractor shall forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker in noncompliance, until compliance is effectuated.
c. Contractor shall be responsible for compliance with said Section 1776.

Attachment B

7. Employment of Apprentices on Public Works: Provisions in Section 1777.5 of the California Labor Code fix responsibility of compliance with that section for all apprenticeable occupations with Contractor. a. Said Section 1777.5 provides that Contractor and every subcontractor shall submit contract award information to the applicable joint apprenticeship committee.
b. Section 1777.7 of said Labor Code provides that Contractor shall forfeit as a civil penalty the sum of one hundred dollars ($100) for each calendar day of noncompliance with
provisions of said Section 1777.5.

8. Hours Constituting Day's Work: In accordance with California Labor Code, Section 1810, eight (8) hours labor constitutes a legal day's work.
a. In accordance with Section 1811 of said Labor Code, the time of service of any workman employed upon the work is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week except as provided in Section 1815 of said Labor Code.

9. Penalty when Worker is Required to Work Excess Hours: In accordance with Section 1813 of the California Labor Code, Contractor shall, as a penalty, forfeit twenty-five dollars ($25) for each worker employed in the execution of the work by Contractor and any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of said Section 1813.
a. In accordance with Section 1815 of said Labor Code,
notwithstanding the preceding provisions, work performed by employees of Contractor in excess of eight (8) hours per day and forty (40) hours during any one week are permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1-1/2 times the basic rate of pay.

10. Digging Trenches or Other Excavations: California Public Contract Code, Section 7104 (first of two), includes procedures when the work involves digging trenches or other excavations that extend deeper than four (4) feet below the surface.
a. Contractor shall promptly, and before the following conditions are disturbed, notify Owner and Engineer, in writing, of any:
1) Material that Contractor believes may be material that

Attachment B
is hazardous waste, as defined in Section 25117 of the
California Health and Safety Code, that is required to
be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
2) Subsurface or latent physical conditions at the site differing from those indicated in the contract
documents.
3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily
encountered and generally recognized as inherent in
work of the character provided for in the contract
documents.
b. Owner will promptly investigate the conditions and where Owner finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the contract price, or in the contract time, or both, a change order will be issued in accordance with Article 5.01,
Amendments and Changes to Contract Documents.
c. In the event a dispute arises between Owner and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contract price, or in the contract time, or both, Contractor shall not be excused from any scheduled completion date provided in the contract documents, but shall proceed with the work. 1) Contractor shall retain any and all rights provided in the contract documents or by law, which pertain to the
resolution of disputes and protests between Contractor
and Owner.

11. Claims of $375,000 or Less: In accordance with Section 20104 through 20104.8 of the California Public Contract Code, Contractor may file claims for time extensions or for payments, in writing and including documentation substantiating the claim, on or before the date of final payment. Procedures, limitations, and provisions for several levels of review are included in said Sections 20104 through 20104.8 and shall supersede conflicting and contrary provisions in the contract documents.
a. Claims shall be as defined in said Section 20104, Subsection (b) (2).

Attachment B

3.08 TAXES, FEES, AND CHARGES
A. Contractor shall pay all sales, consumer, use, and other similar taxes and pay all charges and fees required to be paid by Contractor in accordance with the Laws and Regulations of the place of the project which are applicable during the performance of the work.

B. Contractor shall comply with the provisions of this section to the extent possible under applicable laws and regulations, so that the local 1% share of California's sales and use tax related to this project shall be allocated to the City of Sana Maria.

Contractor shall provide to the City a list of items (materials, fixtures and machinery and equipment) to be used on the project and the cost of the each item. Contractor shall also designate a contact person and provide to the City the contact person's name, title, street address, email address and telephone number.

Contractor shall include in its contracts with all subcontractors a provision stating that it is the City's objective that the local 1% share of California's sales and use tax be allocated to the City of Santa Maria and that subcontractors shall whenever possible cooperate with the City to achieve this objective by how they report the payment of sales and use tax. The contractor shall provide the City with a list of all subcontractors, the nature of the subcontract, the value of the subcontract and contact information (name, title, subcontractor, street address, email address and telephone number) of the person responsible for such efforts with each subcontractor.

The City or its named representative shall contact the contractor and subcontractors when it is determined that certain actions by the contractor and subcontractors may cause the local 1% share of California's sales and use to be allocated to the City. The results of such determinations and actions taken by the contractor and subcontractors shall be evaluated by the City as a performance measurement of the contractor in fulfilling the requirement of the contract with the City.

3.09 USE OF PREMISES
A. Contractor shall confine construction equipment, the storage of materials and equipment, vehicle parking, and the operations of workers to the project site and land and areas identified in and permitted by the contract documents and other land and areas permitted by Laws and Regulations, permits and easements, rights -of -way, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment.

Attachment B
B. Contractor shall assume responsibility for damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the work.

1. Should any claim be made against Owner or Engineer by any such owner or occupant because of the performance of the work, Contractor shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law.

C. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the work or adjacent property to stresses or pressures that will endanger it.

D. Cleaning the Work Site:

1. The Contractor shall remove all old structures and abandoned facilities in the line of work. These shall be removed from the site along with trash, stones, debris, and other obstructions encountered, at no additional cost to the Owner.

2. During the progress of the work, Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the work.

3. At the completion of the work, Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by owner.

E. Contractor shall restore to original condition property not designated for alteration by the contract documents.

F. In case of suspension of work, Contractor shall provide suitable drainage and erect temporary structures as necessary.

3.10 RECORD DOCUMENTS
A. Contractor shall maintain, in a safe place at the site, one record copy of all drawings, specifications, addenda, supplemental agreements, change orders, and engineer's written interpretations and clarifications in good order and annotated to show all changes made during construction.

1. These record documents, together with all approved samples and a counterpart of all approved shop drawings, shall be available to Engineer for reference.

Attachment B
B. Upon completion of the work, the record documents, samples and shop drawings shall be delivered to Owner.

C. Prior to Notice of Completion, Contractor shall retain the services of a City approved draftsman who shall revise the original project plans to reflect all record changes.
3A1 SAFETY AND PROTECTION
A. Precautions and Program

1. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work or the activities of subcontractors, suppliers, and others at the work site.

2. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary supervision, control, and direction to prevent damage, injury, or loss to:
a. All employees on the work or work site and other persons and organizations who may be affected thereby.
b. All the work and materials and equipment to be incorporated therein, whether in storage or on or off the work site. c. All other property at the site.

B. Protection of Work

1. Contractor shall be responsible for the protection of the work until its completion and final acceptance.
a. Contractor shall, at its own expense, replace damaged or lost material or equipment, or repair damaged parts of the work, and Contractor and its sureties shall be liable therefore.

C. Inconvenience to the Public

1. The Contractor shall schedule work between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday. All construction activities shall comply with the City of Santa Maria Municipal Code, Chapter 5-5. The Engineer shall approve scheduled nighttime work hours.

2. Contractor shall comply with Laws and Regulations directed to minimize interference to traffic and inconvenience, discomfort and damage to the public including provision for adequate dust control.

Attachment B

3. The Contractor's operation shall cause no unnecessary inconvenience, and the travel rights of the public shall be maintained at all times. This means that no more than one-half of the roadway may be closed at any one time and the other half shall be maintained to permit passage in both directions.

4. Convenient access to driveways, houses, and buildings along the line of the work shall be maintained and temporary approaches to crossings and street intersections shall be provided and kept in good condition. When the abutting property owner's access across the right-of-way line is to be eliminated, or to be replaced under the contract by other access facilities, the existing access shall not be closed until the replacement access facilities are usable.

5. In order to expedite the passage of public traffic through or around the work, and where ordered by the Engineer, the Contractor shall install signs, lights, flares, barricades, and other facilities, and the cost of providing and stationing such flagmen, all for the convenience and direction of public traffic, will be paid for under the various contract unit prices and no additional compensation will be made.

Dust, which may create a hazard, or a nuisance, shall be abated at all times during the entire progress of the work.

Public and Private Property

1. Contractor shall protect against injury pipes, sewer conduits, electrical conduits, lawns, gardens, shrubbery, trees, fences, and other structures or property, public and private, encountered in the performance of the work except as stipulated elsewhere herein. a. Contractor shall be responsible and liable for injury to such pipes, structures, and property.

2. Contractor shall not trespass upon private property and shall be responsible for all injury or damage to persons or property, directly or indirectly, resulting from Contractor's operations in the performance of the work.

E. Protection of Materials and Equipment

1. Contractor shall be responsible for the protection of materials and equipment stored on and off the site of the work.

2. Owner reserves the right to direct Contractor to provide proper means of protection for materials or equipment when such is deemed advisable by Engineer; however, the exercise of or failure to exercise this right shall not be deemed to relieve Contractor of its responsibility for protecting the material and equipment.

Attachment B

3. Contractor shall provide suitable warehouses or other adequate means of protection for materials and equipment that require special protection during storage.
a. Contractor shall store and care for the materials and equipment in the most suitable manner to protect them from distortion, rain, dust, or other damage.
b. The cost of replacing any material or equipment damaged in storage shall be borne by Contractor, and the fact that material or equipment has been damaged after partial
payment has been made shall not relieve Contractor of its responsibility regarding the protection of materials and equipment.
1) No motor shall be left uncovered or unprotected.

F. Applicable Laws and Regulations

1. Contractor shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection.

2. Contractor shall notify owners of adjacent property and of underground facilities and utility owners when prosecution of the work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property.

3. Damage, injury or loss to any property referred to in this Article 3.11, directly or indirectly, in whole or in part, by Contractor, any subcontractor, supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, shall be remedied by Contractor, except damage or loss attributable to the fault of drawings or specifications or to the acts or omissions of Owner or Engineer or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor.

G. Contractor's duties and responsibilities for the safety and protection of the work shall continue until the work is completed and accepted by Owner.

Attachment B

3.12 EMERGENCIES
A. In emergencies affecting the safety or protection of persons or the work or property at the site or adjacent thereto, Contractor, without special instruction or authorization from Engineer or Owner, shall act to prevent threatened damage, injury or loss.

B. Contractor shall give Engineer prompt written notice when Contractor believes that significant changes in the work or variations from the contract documents have been caused thereby.

C. Where Engineer determines that a change in the contract documents is required because of the action taken in response to an emergency, a change order will be processed as stipulated in PART 5, AMENDMENTS AND CHANGES.

3.13 SHOP DRAWINGS AND SAMPLES
A. Provisions on shop drawings and samples are specified in the special provisions.

3.14 CONTINUING THE WORK
A. In the event of a dispute between the parties as to performance of the work, the interpretation of this contact, or payment, or nonpayment of work performed, parties shall attempt to resolve the dispute.

B. Where the dispute is not resolved, Contractor agrees to continue the work diligently to completion and will neither rescind this contact nor stop the progress of the work, but will submit such controversy to determination in accordance with the terms of the contract documents.

1. However, the preceding does not preclude Contractor from stopping or terminating the work in accordance with Article 8.03, Contractor May Stop work or Terminate.

C. In the event any litigation is commenced with respect to this contract; such litigation shall not serve to suspend Contractor's obligation to continue performance of the work hereunder.

PART 4 ENGINEER'S STATUS DURING CONSTRUCTION

4.01 AUTHORITY OF ENGINEER
A. Engineer will be the initial interpreter of the requirements of the contract documents and will decide questions, which may arise as to the quality and acceptability of the completed work.

Attachment B
B. In observing Contractor's work, Engineer's efforts will be directed towards providing Owner a greater degree of confidence that the completed work will conform to the intent of the contract documents.

C. Neither the authority of Engineer to act under this Article 4.01 or elsewhere in the contract documents, nor any decision made in good faith shall give rise to any duty by Engineer to Contractor or to any other person or organization, including but not limited to, subcontractors, suppliers, insurers, employees, or agents, whether performing work on the site or not.

D. Engineer shall not be responsible for Contractor's means, methods, techniques, sequences, or procedures for construction for the safety precautions and programs incident thereto, or for the safety of persons or property on or about the site of the work.

4.02 CLARIFICATIONS AND INTERPRETATIONS
A. Engineer will issue with reasonable promptness such written clarifications or interpretations of the requirements of the contact document, in the form of drawings or otherwise, as Engineer may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the contract documents.

When Contractor believes that a written clarification or interpretation issued by Engineer justifies a change in the contract price or an extension of the contract time, or both, Contractor may make a claim therefore in accordance with Article 5.05, Claims.

1. For such claim, Contractor shall give Engineer:
a. Written notice of such claim within forty-eight (48) hours after the receipt of such written clarification or interpretation from Engineer.
b. Statement and supporting data within 7 days after the receipt of such written clarification or interpretation from Engineer.

2. Except for such claims of record as are made in the manner and within the time stated in this Paragraph B., Contractor shall be deemed to have waived and does hereby waive all claims for damages and for adjustments to the contract time, the contract price, or both, resulting from written clarifications or interpretations issued by Engineer.

3. The claim will be processed as stipulated in Article 5.05, Claims.

Attachment B

4.03 ROLE IN CLAIMS AND DISPUTES
A. Claims, disputes, and other matters relating to the acceptability of the work or the interpretation of the requirements of the contract documents pertaining to the performance and furnishing and installation of the work and claims for changes in the contract price or contract time shall be submitted initially to Engineer, in writing, with a request for a formal decision, in accordance with Article 5.05, Claims.

B. Engineer will render a decision in writing within a reasonable time.

C. The rendering of a decision by Engineer with respect to any such claim, dispute, or other matter shall be a condition precedent to any exercise by Contractor of such rights or remedies as it may otherwise have under the contract documents or by Laws and Regulations in respect of any such claim, dispute, or other matter.

D. Engineer, upon receipt of Contractor's claim for a work demand outside the requirements of the contract documents, or for an incorrect or unfair clarification, interpretation, or finding by Engineer, will review the work demand, clarification, interpretation or finding object of Contractor's claim and will promptly advise Contractor in writing of Engineer's final decision which shall be binding unless, within 10 days thereafter Contractor shall file with Owner a formal protest against said final decision of Engineer.

E. Within 30 days of receipt of such protest owner will render a decision.

F. When Engineer's and Owner's decisions give rise to a claim as defined in Section 20104 (b) (2) of the California Public Contract Code and does not exceed $375,000, the requirements and procedures set forth in Section 20104.02 of the California Public Contract code shall apply.

4.04 AUTHORIZED VARIATIONS IN WORK
A. Engineer may authorize minor variations in the work from the requirements of the contract documents, which do not involve an adjustment in the contract price or the contract time and are consistent with the overall intent of the contract documents.

B. When Contractor believes that such authorized minor variations justify a change in the contract price or an extension of the contract time and the parties are unable to agree as to the amount or extent thereof, Contractor may make a claim therefore in accordance with Article 5.05, Claims.

Attachment B

4.05 REJECTING DEFECTIVE WORK
A. Engineer will have authority to disapprove or reject work which Engineer believes to be defective, and will also have authority to require special inspection or testing of the work, whether or not the work is fabricated, installed, or completed.

B. Materials and Equipment

1. Materials and equipment found to be defective, whether in place or not, may be rejected.

2. Rejected materials and equipment shall be removed immediately from the site of the work unless otherwise permitted by Engineer. a. Where Contractor fails to remove and replace rejected material or equipment, Owner has authority to do so and to deduct the cost of removal and replacement from any moneys due or to become due Contractor.

3. Rejected material or equipment subsequently corrected and rendered non -defective may be used in the work only upon acceptance by Engineer.

PART 5 AMENDMENTS AND CHANGES

5.01 AMENDMENTS AND CHANGES TO CONTRACT DOCUMENTS
A. Without invalidating the Agreement and without notification of sureties, the contract documents may be amended and changed to provide for additions, deletions, and revisions or to modify terms and conditions, including changes to the work, contract price, and contract time.

B. Amendments and changes to the contract documents will be authorized by a Supplemental Agreement or a Change Order, except that Engineer may authorize changes in the work as stipulated in:

1. Paragraph 2.03 D., Amendment to Contract Documents.

2. Article 4.04, Authorized Variations in Work.

C. Adjustments to Contract Time and Contract Price

1. The contract time and contract price may only be changed by a Change Order or by a Supplemental Agreement.

2. Upon demand of either Contractor or Owner, an equitable

Attachment B
adjustment satisfactory to both parties will be made in the contract price, the contract time, or both.

3. Contractor shall not be entitled to an increase in the contract price or an extension of the contract time with respect to any work performed that is not required by the contract documents as amended, modified, and supplemented; except as follows:
a. In the case of an emergency, in accordance with Article 3.12, Emergencies.
b. In the case of uncovering work, in accordance with Article

6.04, Covering and Uncovering Work.

D. Execution

1. Supplemental Agreements: Owner and Contractor shall execute Supplemental Agreements, and Owner shall promptly furnish Engineer a copy of such Supplemental Agreements.

2. Change Orders: Owner, Contractor, and Engineer shall execute change orders.

3. Upon receipt of any such document, Contractor shall promptly proceed with the work involved, which shall be performed under the applicable conditions of the contract documents or as otherwise specifically provided in such document.

5.02 CHANGE OF CONTRACT PRICE
A. Total Compensation

1. The contract price constitutes the total compensation, subject to authorized adjustments as provided herein, payable to Contractor for performing the work.

2. All duties, responsibilities, and obligations assigned to or undertaken by Contractor shall be at its expense without change in the contract price.

B. The adjustment in contract price will be determined and paid in one of the following ways:

1. By unit prices acceptable to Owner and Contractor.

2. By lump sum prepared by Contractor and found acceptable by Owner.

Attachment B

3. By force account in accordance with Article 5.04, Force Account.

4. Otherwise, as agreed by Owner and Contractor.

C. Upon request by Engineer, Contractor shall submit promptly an itemized cost breakdown together with supporting data, satisfactory to Engineer, substantiating adjustments in contract price.

1. Contractor's expenses for the preparation of supporting data and cost estimates shall not be considered a direct cost payable in the contract price adjustment for an amendment or change.

D. When prices cannot be agreed upon, Owner may take one of the following actions:

1. Partial termination of contract for the items in question:
a. Such partial termination shall not be interpreted as a breach of contract and shall not give rise to Contractor's claim for an adjustment in contract price, contract time, or both.
b. Owner may proceed to have the items in question performed by its own forces or by others.

2. Direct Contractor to proceed with the items in question on a force account basis in accordance with Article 5.04, Force Account. a. Upon receipt of Owners direction to proceed on a force account basis, Contractor shall promptly undertake the
performance of the items in question under the applicable requirements of the contract documents or as otherwise
specifically provided.

5.03 CHANGE OF CONTRACT TIME
A. Time limits stated in the contract documents are of the essence of the Agreement.

1. The provisions under this article shall not exclude recovery for damages including, but not limited to, fees and charges of engineers, architects, attorneys, and other professionals and court and arbitration costs for delay.

B. Weather Related Extension of Time

1. Contractor may be entitled to an extension of contract when the work

Attachment B
has been suspended in whole or in part due to weather conditions which delayed progress; provided that:
a. Such delayed progress is clearly beyond the control of Contractor.
b. Contractor is not at fault.
c. Contractor is not negligent under the terms of the contract documents.

2. Contractor shall submit a claim for a weather -related extension of the contract time so that Engineer receives such claim not later than 10 days following the end of the delay -causing condition. a. Such claim shall be in writing and shall state the reason for and the extent of the requested time extension.

3. Owner will ascertain the facts and the extent of the delay and make a finding of the facts thereon.
a. No extension in contract time will be allowed for the first 20 working days lost due to weather conditions.

4. Owner may grant an extension of time after the expiration of the original contract time as previously extended, and the extension so granted shall be deemed to commence and be effective from the date of such expiration.
a. No other compensation or payment will be allowed for time lost due to weather.

C. Other Delays Beyond Contractor's Control

1. Contractor shall not be assessed liquidated damages for delays in the completion of the work caused by acts of God, acts of criminals, acts of Owner, acts of public utilities, delays covered in Subparagraph 2.05 B.7., fire, floods, epidemics, quarantine restrictions, labor strikes that delay the critical sequence of the work, or delays of subcontractors due to such causes, provided that Contractor shall notify Owner in writing the causes of such delay in accordance with Article 5.05, Claims.

Contractor shall have no claim for any other compensation for any such delay.

D. Limit to Contract Time Extension

Attachment B

1. The contract time will be extended only when and to the extent that the justified causes of delay affect the prosecution of work having a direct effect on the critical sequence of performance (critical path) required to complete the contract within the contract time.

2. Other limitations are stipulated in Paragraph D of Article 6.09, Owner May Correct Defective Work.

5.04 FORCE ACCOUNT
A. When directed by Owner, Contractor should promptly perform changes in the work pursuant to force account procedures.

Under such procedures, Contractor will be compensated for the costs of labor, materials, equipment, overhead, and other concepts as stipulated hereinafter.

2. Change order authorizing force account work.
a. Owner will issue a change order authorizing force account work, and this change order will include a description of the work to be performed and a preliminary cost estimate
prepared by Engineer.
1) The change orders authorizing force account work
shall be signed by Contractor to acknowledge receipt
of Owner's direction but not as an approval of the
preliminary cost estimate.
b. Contractor shall proceed to perform the force account work but shall not exceed the cost set in the change order
authorizing force account work unless by subsequent change order Owner authorizes an additional cost allowance.
c. Upon completion of the force account work, Owner will issue a change order closing the force account work and adjusting the cost figures and contract price as well as adjusting the contract time, when applicable.
1) This change order closing the force account work shall be signed by Contractor to signify Contractor's
acceptance of the adjustments to the contract price
and contract time.

B. For the cost of labor and foremen in direct charge of the specific operations related to the force account work, Contractor will be paid:

1. The cost of wages paid by Contractor at rates not to exceed those

Attachment B
for comparable labor currently employed on the work.

2. The cost of industrial accident or Worker's Compensation Insurance.

3. The cost of social security taxes and unemployment compensation insurance.

4. The amounts paid by Contractor by reason of an employment contract generally applicable to its employees.

5. An amount equal to 25% of the cost of wages and other costs listed before to cover Contractor's overhead and profit.
a. Owner will make no additional payment for subcontractors or others employed by Contractor in the performance of force account work.
b. Contractor shall negotiate with subcontractors and others the appropriate compensation for overhead and profit.

C. Cost of Tools and Equipment

1. For the use of power tools and special or heavy equipment, except small tools and minor items of equipment stipulated below, Contractor will be paid in accordance with the current edition of "Labor Surcharge and Equipment Rental Rates" published by the State of California, Department of Transportation, Caltrans. a. In the event that any of the equipment to be used is not listed in said schedule; the rental rate for such equipment shall be as agreed upon in writing before the force account work is started.
b. No separate payment will be made for the use of small tools and minor items of equipment which cost shall be considered included in the overhead allowance.
1) As used herein, small tools and minor items of
equipment shall be individual tools or items of
equipment having each a replacement value of $200 or
less.

2. To cover Contractor's overhead and profit, 15% shall be added to such rental rates.

D. Cost of Materials and Equipment

1. For the cost of materials and equipment accepted by Engineer and

Attachment B
used or installed in the force account work, Contractor will be paid the actual cost of such material and equipment, including transportation charges, to which cost shall be added a sum equal to 15% thereof to cover Contractor's overhead and profit.

E. Supervision and Overhead

1. No separate payment will be made for general superintendence.

2. The cost of supervision and overhead shall be understood to be included in the 25% added for labor and the 15% added for the other concepts in accordance with the preceding stipulations.

F. Defective Work

1. Contractor shall repair, reconstruct, replace, or otherwise make acceptable work found by Engineer to be defective, and costs incurred by Contractor to make such defective work acceptable shall be considered as included in the 25 and in the 15% overhead and profit allowances stipulated previously.

G. Records

1. At the end of each day, Contractor and Engineer shall compare the records of force account work performed and resolve disagreements.

2. Copies of these records shall be made on suitable forms provided for this purpose and signed by Engineer and Contractor.

3. Invoices for force account work shall be certified by Contractor, and shall be submitted to Engineer not later than the 5th day of the month following that in which the force account work was performed.

5.05 CLAIMS
A. . Claims for a change in the contract price or in the contract time shall be based on written notice sent to the Engineer by registered mail or certified mail, return receipt requested, stating clearly and in detail claimant's objections and reasons for the claim.

1. The notice shall be delivered within the number of days stipulated in each case, and where the number of days is not stipulated, promptly, but in no event later than 10 days after the occurrence of the event giving rise to the claim.

B. The notice shall be followed with a statement delivered to Engineer,

Attachment B
detailing the adjustment to the contract price or contract time, or both, sought by the claimant together with supporting data and a declaration, as set forth in the following:

1. The statement and supporting data shall be delivered within the number of days stipulated in each case, and where the number of days is not stipulated, not later than 20 days after the occurrence of the event giving rise to the claim, unless Engineer allows an additional period of time to ascertain more accurate data in support of the claim.

2. The statement and supporting data shall be accompanied by claimant's written declaration that the amount and time claimed cover all known amounts (direct, indirect, and consequential) and time to which the claimant is entitled as a result of the occurrence of said event.

C. Review of Claims

1. As required by Public Contracts Code Section 9204, a copy of which is attached and incorporated herein, Engineer will review claims within a reasonable time, not to exceed 45 days, and will provide a written statement identifying what portion of the claim is disputed and what portion is undisputed to claimant and to the other party. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. a. If the Engineer needs approval from the City Council to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45 -day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. b. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Engineer issues his or her written statement. If the Engineer fails to issue a written statement, Failure by the Engineer to respond to a claim from a contractor within the time periods described above or to otherwise meet the time requirements set forth herein shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the Engineer's failure to have responded to a claim, or its failure to otherwise meet the time requirements set forth herein, shall not constitute an adverse finding with regard

Attachment B
to the merits of the claim or the responsibility or qualifications of the claimant.

2. If the claimant disputes the Engineer's written response, or if the Engineer fails to respond to a claim within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the Engineer shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to non -binding mediation, with the Engineer and the claimant sharing the associated costs equally. The Engineer and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator, and those mediators shall select a qualified neutral third party to mediate regarding the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
a. For purposes of this section, mediation includes any non- binding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. b. Unless otherwise agreed to by the Engineer and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contracts Code Section 20104.4 to mediate after litigation has been commenced. c. This section does not preclude the Engineer from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program if mediation under this section does not resolve the parties' dispute.

4. Amounts not paid in a timely manner as required herein shall bear interest at 7 percent per annum.

5. If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against the City because privity of contract does not

Attachment B
exist, the contractor may present to the Engineer a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the Engineer shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

6. A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the Engineer may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.

D. Claims for an adjustment in contract price or contract time, or both, will be invalid when not submitted in accordance with this article.

E. Provisions relating to claims are stipulated elsewhere in these General conditions and include:

1. Subparagraph 2.03 C.2.: Claim for omissions, conflicts, errors, or discrepancies in the contract documents.

2. Subparagraph 2.05 A.4.: Claim for Owner's delay in furnishing lands, rights -of -way, or easements.

3. Subparagraph 2.05 B.8.: Claim for interference or relocation of underground facilities.

4. Subparagraph 3.01 A.1.a.: Claims for demands outside the requirements of the contract documents, or for incorrect or unfair actions of Engineer.

5. Paragraph 4.02 B.: Claims for increase in contract price or extension of contract time as a consequence of a clarification or interpretation by Engineer.

6. Article 4.03: Engineer's role in claims and disputes.

7. Paragraph 4.04 B.: Claim for increase of contract price or extension

Attachment B
of contact time as a consequence of a minor variation.

8. Paragraph 6.04 B.: Claims for increase in contract price or extension of contract time or both for uncovering work.

9. Article 6.08: Claims related to acceptance of work that is defective.

10. Paragraph 6.09 C.: Claims related to Owner's correction of defective work.

11. Paragraph 8.01 B.: Contractor's claim for an increase in contract price, an extension of contract time, or both in case of suspension of work by Owner.

PART 6 QUALITY ASSURANCE AND QUALITY CONTROL

6.01 CONTRACTOR'S WARRANTY
A. Contractor warrants and guarantees to Owner and Engineer that the work will be in accordance with the contract documents and will not be defective.

1. Prompt notice of defects observed by Engineer or Owner will be given to Contractor.
a. However, Owner and Engineer are under no obligation to do so and neither Owner nor Engineer shall be held liable
because Owner or Engineer does not discover defective work during the progress of construction.

2. Defective work, whether or not in place, may be rejected, corrected, or accepted as provided in this PART 6, QUALITY ASSURANCE

AND QUALITY CONTROL
The warranty provided herein should not be in lieu of, but shall be in addition to any warranties or other obligations otherwise imposed by the contract document or by law.

1. The remedies provided herein should not be exclusive and Owner shall be entitled to any and all remedies provided by law.

6.02 ACCESS TO WORK
A. Engineer and Engineer's representatives, other representatives of Owner, testing agencies, and governmental agencies with jurisdictional interests shall have access to the work at reasonable times for their observation, inspecting, and testing.

Attachment B
B. Contractor shall provide proper and safe conditions for such access.

6.03 TESTS AND INSPECTIONS
A. Contractor shall give Engineer timely notice of readiness of the work for required inspections, tests, or approvals.

B. The City shall be responsible for arranging and obtaining inspection and tests. City shall pay for all costs associated with the initial test at any location. If the tested material fails the test, the Contractor shall repair, rework, reconstruct, and perform all work necessary to achieve the final condition specified by the contract documents, and shall pay all costs associated with any and all subsequent tests until the material meets or exceeds the test criteria. Contractor shall be responsible for obtaining approvals, and shall submit Contractor's work for inspection, testing, or approval required:

1. Specifically by Laws and Regulations of any public body having jurisdiction over the work or a part thereof.

2. In connection with Owner or Engineer's acceptance of a supplier of materials or equipment proposed to be incorporated in the work.

3. Of materials or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the work.

C. The cost of inspections, tests, and approvals in addition to those stipulated in the preceding Paragraph B, which are required by the contract documents, shall be paid by Owner unless otherwise specified in the specifications.

D. Inspections, tests, or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to Owner.

E. Neither observations by Engineer nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the work in accordance with the contract documents.

6.04 COVERING AND UNCOVERING WORK
A. When work, including work of others, that is to be inspected, tested, or approved is covered without written concurrence of Engineer, it shall, when requested by Engineer, be uncovered for observation.

Attachment B

1. Such uncovering shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice.

B. When work is covered contrary to the written request of Engineer, it shall, when requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense.

C. When Engineer considers it necessary or advisable that covered work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose or otherwise make available for observation, inspection or testing, as Engineer may require, that portion of the work in questions, furnishing all necessary labor, material and equipment.

1. When it is found that such work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the contract price, and, when the parties are unable to agree as to the amount thereof, may make a claim therefore in accordance with Article 5.05, Claims.

2. When, however, such work is not found to be defective, Contractor shall be allowed an increase in the contract price or an extension of the contract time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and, when the parties are unable to agree as to the amount or extent thereof, Contractor may make a claim therefore in accordance with Article 5.50, Claims.

6.05 OWNER MAY STOP THE WORK AND TERMINATE THE CONTRACT A. Stopping the Work by Owner

1. When the work is defective or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the work in such a way that the completed work will conform to the contract documents, Owner may order Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated.

2. However, this right of Owner to stop the work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of

Attachment B
Contractor or any other party.

B. Terminating the Work by Owner

1. Owner may serve written notice upon Contractor and its surety of Owner's intention to terminate the contract, said notice containing the reasons for such intention to terminate the contract, and unless within 10 days after the service of such notice such violations shall cease and satisfactory arrangements for the corrections thereof be made, the contract shall, upon the expiration of said 10 days, cease and terminate.

2. In the event of any such termination, Owner will immediately serve written notice thereof upon the surety. Contractor and the surety shall have the right to take over and perform the contract; provided, however, that when the surety, within 15 days after the serving upon it of a notice of termination, does not give Owner written notice of surety's intention to take over and perform the contract or does not commence performance thereof within 30 days from the date of serving said notice, Owner may take over the work and prosecute the same to completion by contract or by any other method Owner may deem advisable for the account and at the expense of Contractor and its surety, shall be liable to Owner for any excess cost or other damage caused to Owner thereby, and in such event Owner may, without liability for so doing, take possession of and utilize in completing the work such materials, equipment, appliances, plants and other property belonging to Contractor that may be on the site of the work and be necessary therefore.

3. For any portion of such work that Owner elects to complete by furnishing employees, materials, tools and equipment, Owner will be compensated for such in accordance with the schedule of compensation for force account work under the article on payment for changes in the work.

C. The provisions in this Article 6.05 are in addition to and not in limitation of any other rights or remedies available to Owner.

6.06 CORRECTION OR REPLACEMENT OF DEFECTIVE WORK
A. When required by Engineer, Contractor shall promptly, as directed, either correct defective work, whether or not fabricated, installed or completed, or, where the work has been rejected by Engineer, remove it from the site and replace it with non -defective work.

B. Contractor shall bear all direct, indirect and consequential costs of such correction or replacement and removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made

Attachment B
necessary thereby.

6.07 ONE YEAR CORRECTION PERIOD
A. When within one year after the date of Owner's acceptance of the work or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the contract documents or by any specific provisions of the contract documents, any work is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions, either correct such defective work, or, when it has been rejected by Owner, remove it from the site and replace it with non -defective work.

B. Where Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective work corrected or the rejected work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) shall be paid by Contractor.

1. In special circumstances where a particular item of equipment is placed in continuous service before final acceptance of the work by Owner, the correction period for that item may start to run from an earlier date when so provided in the specifications or by Supplemental Agreement.

C. In the event it is necessary for Owner to file suit to enforce any liability of Contractor pursuant to this Article 6.07, Owner shall be entitled to recover from Contractor, in addition to all other amounts found due and owing, costs of suit and expenses including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs arising directly, indirectly or consequential out of any action, legal or equitable, caused by the successful enforcement of Contractor's obligations, all to be taxed as costs and included in any judgement rendered.

D. Contractor shall execute and deliver, to Engineer, a copy of Document 00680, Warranty Form, before Owner's final acceptance of the work.

6.08 ACCEPTANCE OF DEFECTIVE WORK
A. When instead of requiring correction or removal and replacement of defective work, Owner (and, prior to Engineer's recommendation of final payment, also Engineer) prefers to accept it, owner may do so.

Attachment B
B. Contractor shall bear all direct, indirect and consequential costs attributable to Owner's evaluation of and determination to accept such defective work (such costs to be approved by Engineer as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys and other professionals).

C. When any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the contract documents with respect to the work; and Owner shall be entitled to an appropriate decrease in the contract price, and, when the parties are unable to agree as to the amount thereof, Owner may make a claim therefore in accordance with Article 5.05, Claims.

D. When the acceptance occurs after such recommendation, an appropriate amount shall be paid by Contractor to Owner.

6.09 OWNER MAY CORRECT DEFECTIVE WORK
A. When Contractor fails within a reasonable time after written notice of Engineer to proceed to correct and to correct defective work or to remove and replace rejected work as required by Engineer in accordance with provisions stipulated elsewhere in these General Conditions, or when Contractor fails to perform the work in accordance with the contract documents, or when Contractor fails to comply with any other provision of the contract documents, Owner may, after 7 days written notice to Contractor, correct and remedy any such deficiency.

B. In exercising the rights and remedies under this Article 6.09, Owner will proceed expeditiously.

1. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from all or part of the site, take possession of all or part of the work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere.

2. Contractor shall allow owner such access to the site as may be necessary to enable Owner to exercise the rights and remedies under this Article 6.09.

C. All direct, indirect and consequential costs of Owner in exercising such rights and remedies will be charged against Contractor in an amount approved as to reasonableness by Engineer, and a Change Order will be

Attachment B
issued incorporating the necessary revisions in the contract documents with respect to the work; and owner shall be entitled to an appropriate decrease in the contract price, and, when the parties are unable to agree as to the amount thereof, Owner may make a claim therefore in accordance with Article 5.05, Claims.

1. Such direct, indirect and consequential costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective work.

Contractor shall not be allowed an extension of the contract time because of any delay in performance of the work attributable to the exercise by Owner of Owner's rights and remedies under this Article 6.09.

6.10 STORM WATER POLLUTION PREVENTION
A. Summary

1. Requirements for preparation and implementation of the Storm Water Pollution Prevention Plan for the Contractor's construction activities.

B. References

1. United States Code of Federal Regulations (CFR):
a. 40 CFR Part 117.
b. 40 CFR Part 302.

2. State of California, State Water Resources Control Board, Regional Water Quality Control Board (SWRCB).

C. Submittals

1. Storm Water Pollution Prevention Plan:
a. Prepare and submit a Storm Water Pollution Prevention Plan (Plan) in accordance with Section A of the General
Construction Activity Storm Water Permit to the Owner for reference.
b. Prepare and submit a monitoring program and reporting plan in accordance with Section B of the General Construction Activity Storm Water Permit to the Owner for reference.

Attachment B
c. Submit to the Owner for reference a Storm Water Pollution Prevention Plan detailing the placement of physical Best Management Practices (BMPs) required for installation and the methods used to comply with those BMPs directed at
operational procedures, Monitoring Program and Reporting Plan.
d. The plan shall specifically address and detail changes from the alternatives called out in this section. The Contractor's preferred techniques shall show how it will comply with the stated objectives of the program.
e. The plan shall address various project phases and operations, including BMPs specific to earthwork sequencing (demolition, stockpiling, material segregation, etc.).
f. A copy of the Notice of Intent (NOI) must be submitted to the City of Santa Maria as required by the NPDES Phase II
regulation.
g.

All submittals are required prior to issuance of the Notice to Proceed.

Attachment B
D. Contractor's Responsibilities

1. Keep and maintain the Plan at the construction site for the duration of the project.

E. BMP Products

1. General: Those products required to implement the BMPs.

F. Execution — Contractor's Actions

1. Take the proper actions to prevent contaminants and sediments from entering the storm drainage system should any unforeseen circumstance occur.

2. Take immediate action if directed by the City Engineer, or if the Contractor observes contaminants and/or sediments entering the storm drainage system, to prevent further storm water from entering the system.

3. Pay all fines and respond to Notice of Violations.

PART 7 PAYMENTS TO CONTRACTOR AND COMPLETION

7.01 SCHEDULE OF VALUES
A. Basis for Progress Payments

1. The schedule of values established as specified in the special provisions shall serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer.

2. Progress payments on account of unit price work will be based on the number of units completed.

7.02 APPLICATION OF PROGRESS PAYMENT
A. Once each month Owner will process a progress payment on the basis of an Application for Payment approved by Engineer for work completed during the preceding month.

1. The Application for Payment shall be prepared and signed by Contractor who shall submit it to Engineer.

B. The Application for Payment shall cover work performed by Contractor

Attachment B
during the preceding month plus the paid invoice cost of materials and equipment suitably stored at the site of the work.

1. Payment for material and equipment stored shall be based on vendors' paid invoices, which shall be listed by Contractor. a. The first Application for Payment in which payment is requested for material and equipment suitably stored shall include a copy of the paid invoice covering the material and equipment; a warranty that the materials and equipment are free and clear of liens, charges, security interests, and encumbrances; and evidence that the materials and
equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein; all of which will be satisfactory to Owner.
1) Contractor shall prepare and update for each
Application for Payment a list of invoices showing:
a) The total amount of each invoice.
b) The invoice amount that has been incorporated
in the work.
c) The remaining invoice amount that is stored for
which payment is requested that month.
b. Only material and equipment that will become an integral part of the work may be included in the Application for Payment. c. Payments for job site delivered material or equipment shall not reduce Contractor's responsibility for such material or equipment until final acceptance of the work by Owner.

C. Owner will withhold part of the progress payment amount, as follows:

1. Not more than 5% of the progress payment amount until the work is complete.

2. As stipulated in Document 00022, Notice Inviting Bids, Contractor may substitute securities for any monies withheld by Owner. a. Procedures shall be as provided in Section 22300 of the California Public Contract Code.

Attachment B

7.03 CONTRACTOR'S WARRANTY OF TITLE
A. Contractor warrants and guarantees that title to work, materials and equipment covered by an Application for Payment, whether incorporated in the work or not, shall pass to Owner no later than the time of payment free and clear of liens, charges, security interests, and encumbrances.

B. Nothing in the contract shall be construed as vesting in Contractor any right of property in material and equipment used after they have been attached or affixed to the work or the soil and accepted.

1. Such materials and equipment shall become the property of Owner upon being so attached or affixed and accepted.

7.04 PARTIAL ACCEPTANCE
A. Unless otherwise specified in the special provisions, no partial acceptance of the work will be made, and no acceptance other than the final acceptance of the completed work will be made.

B. Acceptance of parts of the work shall not be construed as final acceptance until owner makes final acceptance of the completed work.

7.05 NOTICE OF READINESS AND FINAL OBSERVATION
A. After Contractor has completed the work to the best of its knowledge, including Contractor's inspection, testing and cleanup, Contractor shall notify Engineer by written memorandum that the work has been completed and is ready for final observation by Engineer.

B. In accordance with Paragraph 4.01B, Engineer will perform observation of the work promptly after receipt of Contractor's notification.

1. Items observed by Engineer to be defective will be noted to Contractor.

2. After Contractor has corrected defective items, the procedure shall be the same as stipulated under this Article 7.05 for Contractor's Notice of Readiness and Final Observation.

C. When, upon observing the work, Engineer finds no defective work, materials, or equipment, and Engineer finds the work to be in compliance with the contract documents, Engineer will notify Owner promptly that the work has been completed.

Attachment B

7.06 FINAL PAYMENT AND FINAL ACCEPTANCE
A. For and in consideration of the performance of the work, Owner will pay Contractor the amount earned as computed from the actual quantities of work performed under the contract and will make such payment in the manner and at the times stipulated. Not withstanding any other language in this agreement, withholding and payment shall comply with Public Contract Code, Section 7107.

B. Within 30 days after final acceptance of the work, Engineer will render to Owner and to Contractor a final estimate which will show the amounts due Contractor.

C. Within 40 days after the final acceptance of the work, Owner will pay to Contractor the amounts due under the contract, except that before the final payment will be made, Contractor shall:

1. Satisfy Owner by affidavit that all bills for labor and materials incorporated in the work have been paid.

2. Complete and submit, to Engineer, a Certification relinquishing any and all claims or right of lien under, in connection with, or as a result of the work.

D. The date upon which the work will be considered as complete shall be the date upon which Owner accepts the work.

E. This section shall not prohibit a public entity from placing in a public works contract and enforcing a contract provision which provides that payment of undisputed contact amounts is contingent upon the Contractor furnishing the public entity with a release of all claims against the public entity arising by virtue of the public works contract related to those amounts. Disputed contract claims in stated amounts may be specifically excluded by the Contractor from the operation of the release.

7.07 CONTRACTOR'S CONTINUING OBLIGATION
A. Contractor's obligation to perform and complete the work in accordance with the contract documents shall be absolute.

B. Neither recommendation of any progress or final payment by engineer, nor the issuance of a certificate of final completion, nor any payment by Owner to Contractor under the contract documents, nor any use or occupancy of the work or any part thereof by Owner, nor any act of acceptance by Owner nor any failure to do so, nor any review and approval of a shop drawing or sample submission, nor the issuance of a notice of acceptability by Engineer, nor any correction of defective work by Owner shall constitute an acceptance of work not in accordance with the contract documents or a

Attachment B
release of Contractor's obligation to perform the work in accordance with the contract documents.

PART 8 SUSPENSION OF WORK AND TERMINATION

8.01 OWNER MAY SUSPEND WORK
A. Owner may, at any time and without cause, suspend the work or any portion thereof for a period of not more than 90 days by notice in writing to Contractor and Engineer.

1. In the notice, Owner will fix the date on which work will be resumed.

2. Contractor shall resume the work on the date so fixed.

B. Contractor will be allowed an increase in the contract price or an extension of the contract time, or both, directly attributable to any suspension when Contractor makes an approved claim therefore in accordance with Article

5.05, Claims.

8.02 OWNER MAY TERMINATE
A. Upon 7 days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the work and terminate the agreement.

1. In such case, Contractor shall be paid for all work executed and any expense sustained plus reasonable termination expenses, which will include, but not be limited to, direct, indirect and consequential costs (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs).

8.03 CONTRACTOR MAY STOP WORK OR TERMINATE
A. When, through no act or fault of Contractor, the work is suspended for a period of more than 90 days by Owner or under an order of court or other public authority, or Engineer fails to act on any application for payment within 30 days after it is submitted, or Owner fails for 60 days to pay Contractor any sum finally determined to be due, then Contractor may, upon 7 days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the agreement and recover from owner payment on the same terms as provided in Article 8.02, Owner May Terminate.

1. In lieu of terminating the agreement and without prejudice to any other right or remedy when Engineer has failed to act on an application for payment within 30 days after it is submitted, or Owner

Attachment B
has failed for 60 days to pay Contractor any sum finally determined to be due, Contractor may, upon 7 days written notice to Owner and Engineer, stop the work until payment of all such amounts due Contractor including interest.

B. The provisions of this Article 8.03 are not intended to preclude Contractor from making claim under Article 5.02, Change of Contract Price and Article

5.03, Change of Contract Time.

Attachment B
PART 9 PUBLIC CONTRACT CODE SECTION 9204
U oRNIA
'tiTEO
:r ,'-
State of California

PUBLIC CONTRACT CODE
Section 9204
9204. (a) The Legislature finds and declares that it is in the hest interests of the state and its citizens to ensure that all constnaction lousiness perkined on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner,
(b) Notwithstanding any other law, including, but not limited to. Article 7.1 (commencing with Section 10240) of Chapter I of Part 2, Chapter 10 (con anaencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter I of' Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(I) "Claire" means a separate den Laud by a contractor sent by registered imul or certified mail with return receipt requested. for one or more of the I ,l lowing:
(A) A time extensic.nr. including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works proj ect.
(B) Payment by the public entity of anoney or damages arising from work done by. or on behalf of. the contractor pursuarn to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity. (2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. t3) 4 A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency. department. office, division, bureau, board. or commission, the California State Clniyersity. the University of California, a city. including a charter city, county, including a charter county, city and county. including, a charter city and county, district. special district. public authority. political subdivision. public corporation. or nonprofit transit corporation wholly owned by a public agency and formed to can -y out the purposes (lithe public agency. (B) "Public entity" shall nut 111C ude the following:
(i) The Department of Water Resources as to any project under the_ jurisdiction 0l' that department.
(ii) The Department of Transportation as to any project under the sjurisdicticna c.of that department.

Attachment B
(Ili) Hie Department of Parks and Recreation as to any project under the jurisclic:ticrrr of that deparlrrtent.
"I he Department tment of Corrections and Rehabilitation with respect to any project i'-; jurisdiction pursuant to Chapter 11 (on rintend rig with Section 7000) ol'Title r' of Part 3 of the festal Code.
(v) The Military Departrnerrl as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects. (vii) The High -Speed Rail A ullaority,
(4) "Public works project- nteans the erection, construction, alteration, repair-, or improvement of any public structure. building, road, or other public improvement of any kind.
(5.) -Subcontractor" means any type of contractor within the meaning of'Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor oris a lower tier subcontractor. (d) (I) (A) Upon receipt of a claim pursuant to this section. the public entity to which the claim applies shall conduct a reasonable review of the ckiirn and, within a period nut to exceed 45 days. shall provide the claimant a wr tterr statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim. a public entity
a rid a contractor may. by mutual agreement. extend the F time period prop ided in this subdi ision.
(B) The cl°ainttant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval From its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does riot meet within the 45 days or within the mutually agreed to extension of time following receipt ofa claim sent by registered retail or certified mail, return receipt requested. the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45 -day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If die public entity fails to issue a written statement. paragraph l3) shall apply. (2) (A) lithe chi cia in rant disputes the pulalic entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed. the c laimant may demand in writing an informal conference to street and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail. return receipt requested. the public entity shall schedule a meet and confer conference within 30 days test- settlement of the dispute.
(B) Within I0 business days following the conclusion of the meet and confer conference. if the claim or any portion ol'the claim remains in dispute, the public. entity shall provide the claimant a written statement identifying the portion of the claim that rent{sins in dispute and the portion that is undisputed. Any payment due on

Attachment B
an undisputed portion of the claim shall be processed and made within 60 days :.,..I the public entity issues its written statement. Any disputed portion of the chill . as identified by the contractor in writing. shall be submitted to nonbinding mediation. with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall 11tututally agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shaII select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection 1,31i ill the selection of the neutral mediator. If mediation is unsuccessful, the parts of the CI dint remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall coni'orm to the timefranaes in this section.
)U) Unless otherwise agreed to by the public entity and the contractor in ritn the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to iitediate after litigation has been con iii Fenced, )E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute. (3) failure ti\ lie public entity to respond to a claim from a contractor within the time periods do i i bed in this subdivision or to otherwise meet the time requirements of'this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a cl'aaint. or its fail tire to otherwise meet the lime requirements of this section. shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant,
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per T1 MIL
) I f a subcontractor or a lower tier subcontractor lacks legal standing to assert a cla int against a public entity because privity of contract does not exist. the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor. that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the c lain be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request., the contractor shall notify the subcontractor in writing as to whether the contractor presented the claaint to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for nut having done so.

Attachment B
(e) The text of this section or a sumrraar' of it shall be set firrtli in 111 plans or specifications for any public works project that may give rise to a claim under this section.
(t) A waiver of the rights gained by this section is void arrcl contrary to public policy, provided, however, that ( I) upon receipt old Claim, the parties ntay mutually agree to waive, in xvriling. mediation acrd pr.rceed directly to the comnaerrcentent of a civil action or binding arbitration. us appicable; and (2)a public entity rimy prescribe reasonable change order, claim. and dispute resolution procedures and recluirenterrts in addition to the provisions e11'this sec:lion. so long; as the contra ctua1 provisions do not conflict with or otherwise impair the tinrefrarrres and procedures set forth in this section.
(g) I his section dpplies icr corardcts oilcred into on orafter`Januar " 1, 2017. (ii) Nothing in this section shall impose liability upon a public entity that rr1akes loans or grants 'ia ailable through a competitive application process, fire the failure of arr awardeL: to meet its contractual obligations,
(i) '1 laic section shall remain in ef'te:ct c,rrl > tanl l Juii carry I, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January I, 2020. deletes or extends that date.

Added by ',Lat . 20I6, Ch. r I10, Ser. 1. (AB626) EffcctkcJanuary I. 2)I7. Repealed as of January . 2.020. by i i . "h. l l stiroS' is ion s.

PART 10 MISCELLANEOUS

10.01 ASSIGNMENT OF PAYMENTS
A. No assignment by Contractor of the whole or any part of the contract, or of funds to be received there under by Contractor, will be recognized by Owner unless such assignment has had prior consent of Owner, and Contractor's surety has been given due notice of such assignment in writing and has consented thereto in writing.

10.02 ASSIGNMENT TO AWARDING BODY
A. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to Owner all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to this contract or the subcontract.

B. This assignment shall be made and become effective at the time Owner tenders final payment to Contractor, without further acknowledgement by

Attachment B
the parties.

10.03 RESPONSIBILITY FOR INDEBTEDNESS
A. Indebtedness incurred for any cause in connection with the work shall be paid by Contractor, and Owner is hereby relieved at all times from any indebtedness or claim other than payments under terms of the contract or under applicable Laws and Regulations.

10.04 PROVISIONS REQUIRED BY LAW
A. Each and every provision of law and clause required by Laws and Regulations to be inserted in the contract shall be deemed to be inserted herein, and the contract shall be read and enforced as though each such provision of law and clause were included herein.

B. When through mistake or otherwise any such provision of law and clause is not inserted or is not correctly inserted, then upon the application of either party, the contract shall forthwith be physically amended to make such insertion.

10.05 NOTICE AND SERVICE THEREOF
A. Any notice to Contractor from Owner relative to any part of the contract shall be in writing and considered delivered and the service thereof completed when said notice is posted, by registered mail, to Contractor at its last given address, or delivered in person to Contractor or its representative on the work.

10.06 RIGHT-OF-WAY DELAYS
A. Contractor shall contact all utility companies, and others, who have facilities and predicate his schedule for the work upon the anticipated time of clearance. The City shall not be held either responsible or liable for any delay in the proceeding of the work, and any reference to "Right -of -Way Delays" in the standard specifications shall not apply to any portion of this work. Such delays, if substantiated to the satisfaction of the Engineer, may be the basis for an extension of time for completing the project.

PART 11 INTEGRATION

11.01 ORAL MODIFICATIONS INEFFECTIVE
A. No oral order, objection, claim or notice by any party to the other shall effect or modify any of the terms or obligations contained in any of the contract documents and one of the provisions of the contract documents shall b held

Attachment B
to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver of modification.

B. The waiver by Owner of any breach of any term or obligation in the contact documents shall not be deemed a waiver of such term or obligation, or any subsequent breach of the same or any other term or obligation contained in the contract documents.

11.02 CONTRACT DOCUMENTS REPRESENT ENTIRE AGREEMENT
A. The contract documents represent the entire understanding of the Owner and Contractor as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered by the contract documents.

11.03 EXISTING LAWS
Where these contract documents conflict with existing California or local laws, the existing laws shall have precedence.
*** END OF DOCUMENT 00700 ***
ATTY Rev 2013

Attachment B
EXHIBIT "B"

SCOPE OF SERVICES
ROOFING:
• Work to be completed during regular hours on public works wages. • Work areas to be clear for removal and replacement of metal panels. • Material placement will be to distribute weight loads throughout the entire roof area
• Demo and remove existing metal roof and trims and dispose. • Install standing seam Roofing with three inch bat insulation.

SCREW REPLACEMENT:
• Remove screws on the outside of the building and replaced with stainless steel self-sealing screws.

PAINTING:
• Work to be completed during regular hours on public works wages. • Exterior metal siding, Ridge vents, doors, and door frames will be inspected for rust, healing pain, or other issues, cleared with power washing to remove all dirt, oil and grease.
• Loose paint and rust will be removed by scraping, wire brushing, or sanding. • After surface preparation, one coat of Carboline RustBond primer will be applied followed by 1 intermediate coat of Carboline 890 and finished with Carboline 3359. • Exclusions include interior painting, window frames, roof, gutters and downspouts.

DOORS AND FRAMES:
• Work to be completed during regular hours on public works wages. • Furnish and install 4 hollow metal doors, 1 hollow metal frame, vision lite, louver, and all hardware for doors.
• Doors to be 3' -7', 1-3.4" thick, fire label and 18 GA. • Frame Includes hinge, closer, and strike reinforcements. • Vision Lite frame 24"x 30" and glass 23"x29-1/4".
• Louver is to be 24"x56" metal gray.
• Hardware to include hinges, entry lock, keying, door closure, threshold, door sweep, gasket, and framing anchors.

FLASHING:
• Work to be completed during regular hours on public works wages. • Remove metal flashing at 2 exterior vents and replace with metal flashing custom fit to each vent.
• All seams shall be sealed with exterior grade, UV -resistant sealant and color to match building exterior.

Attachment B
Subject to the terms and conditions of ezIQC Contract CA-R7-GB-101723-NCM.

Attachment B
GORDIAN`
Work Order Signature Document
X
EZIQC Contract No.: CA-R7-GE3-101723-NCM
New Work Order ri Modify an Existing Work Order
Work Order Number.; 143430.00
Work Order Date: 4$f13f2O25
Work Order Title Wastewater Treatment Plant Roaring Project Owner Name: City of Santa Maya
Contact Sam Angulo
Phone:

Contractor Name: Newton Construction & Management
Conte; Darin Terrazas
885.925-0951
Phone: 805 5.4.5553
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached end as per the terms and condl lone of Sourceweil EZIOC Contrail. No CA -R/ -GB 101723-NCM.

Brief Work Order i)escriotion;
Tima of Performance Estimated Start Date:

Estimated Cornp:etion Bate:

Liquidated Damages Wit apply;
Work Order Firm Fixed Prize: 5449,12236
Owner' Pu chase Order Number:

Approvals
itv of Santa Mane
+f'o'al not amply
Z2 r' t a 8-21-25
Newton Construction & Maria4emerd []ate

Attachment B
Sour well
Detailed Scope of Work
G%PDIAN"
To: Darin Terrazars
Newton Conshuotkcn & Management

7.43e. Bayed St
San Luis Obispo. CA93401
80,5-544-5553
Oate Printed: August 13, 2 25
Work Order Number: 143eSO
Wcrk Order TII1e; Wastravater Treehnarrt Plant Roolirag Proied Brief Scope:

Front: Sam Angulo
City of Santa Maria
11n E. Cook Sheet
Santa Marta, CA 93454
805-225-D951
P. reIirninary ri Revised n Final
Ma Tot !Owing Hems derail ale scope °T work as discussed at the site. All requvernents fleGeSSIlly DOCOMPliSil the items set forth below shalt be considered earl 01 this =Pe of work.

ROOFING
Original Roofing Scope of Work. Demo and remove existing metal roof/trims and dispose. Tr. rill iia ding seam metal rntofing with 3" ban insulation- Clarifications: Work to be r„trrnpteted dlit ir: ; rag :recurs on PW wages. Work areas to he clear for removal and replacement ofinetal. panels.

SCREW REPLACEMENT
Original Screw Replacement Vie: Remove screws on the outside oldie building and replace with stainless steel self-sealing screws, Anything not noted above and Overtime.

PAINTING
Painting Scope of Work Exterior metal siding, Ridge Vents., doors, and doorframes will be inspected for rust, Feel 'Jig paint, or other issues, cleared with power washing to remove all din, oil, and grease„ and loose paint and rust will be removed by scraping, vire brushing, or sanding. After surface preparation, use coat of CarlboIine RustBoud primer will be applied followed by cite intermediate ate coat of Carbolioe $40 and finished with Carholine 3359, Clantications, Work to be comp feted during reg hours on PW wages. Exclusions; Interior painting, window frames, roof, and gutters and tkaa °nspouts—

DOORS AND FRAMES
Original Painting Scope of Work: Furnish and install four (4) hollow metal doors, one (1) hollow mil frame, vision line, louver', and all hardware for doors. Dears to be 3'-7', I-3,4" thick, fire label, and 18 GA. France includes hinge closer, and strike reinforcements, Vision lite frame 24"x341" and glass 23"x29 -1f4°: LiAnvCr is to be 24"x5..' metal gay. Hardware to include hinges, entry lock, keying, dour closer, threshold, door sweep, gasket, and frame anchors. Clarifications: Virerk to be completed during reg'tout's nn 1"44'' wages.

FLASHING
Original Painting Scope of Wot'k: Remove metal flashing at two (2) exterior vents and replace with metal flashing. custom -ht to each vent All seams shall be sealed with exterior grade, UV -resistant cesalant and color to match building exterior. Clarifications: Work to be completed during reg hours on PW wages.

Scope vlvu«k
Rage t or
art 5

Attachment B
Detailed Scope of Work Continues..

Work Order Mornrrrir: 14343O00
Work Ord terTitto: AlasiewaterTroatmmtPiantRoofingPr[ e

EXCLUSIONS
• Permit Fees
• Abatement or testing
• Design or engineering
▪ Anything not listed above as included in scope
Sibject to thw terms aId mid Lars c ezJQC Co1ract CA-ft 1017Z1-NCMI. f as -
Contract)!
&•21.25
Date
I 20z 5
Date
6cepeo+fWork Ptioe 2_i2

Attachment B
EXHIBIT "C"

PAYMENT
I. Progress Authorization
Written authorization to proceed from the City authorizes the Contractor to generate the not -to- exceed cost of FOUR HUNDRED FORTY-NINE THOUSAND ONE HUNDRED TWENTY-TWO AND THIRTY-SIX CENTS in fees for all work.

Task 1: Bond
Task 2: Doors
Task 3: Painting
Task 4: Roof
Task 5: Screw Replacement
Task 6: Skylights
Total Not -To -Exceed Cost:
$ 9,667.99
$ 15,545.73
$ 87,592.29
$ 310,304.52
$ 26, 011.83
$ 0.00
S 449,122.36
II. Invoice procedure.

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

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

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

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

Attachment B
Contractor's Price Proposal - Summary
Date: August 13. 2025
Re:

IQC Master Contract >t CA-it7-o9-101723- CU
Work Oilier #. $4343000
Owner PO #.

Title: IAYOlwrisor "r.ssrw1 Piarht Rocires Protect
Contractor: WOW Coretrucdrn & kierapewnerrt
Pro Kraal Vale: $442,12232
Bond
$9,687.92
Doors
515,545.73
Painting
$87,592.29
Roof
$310,304.52
Screw Replacement $26,011.83
Skylights $0.00
Proposal Total
ins spa reprpR.nd the owned WWI 1cr 91na prucosal Mr durepercy betweep I Ile Dews sup totals iDd 1ho p-apcsaI sots; is. due W :dirt
The Percentage of NPP on this Proposal: 74
$449,122.36

Attachment B
Contractor's Price Proposal - Detail
watt: Awtgust 13, 3025
Iac Cc+^.1ntGl dr'
Work Order :

Owner PO 0`,
Trtta:

GantrAcldr
Prr0p0&21 Value;
$act item
�Mtr�
Cam, -FIT 9-161723,P4CM
143430.4x1
Warekovaler mammon! Flom nootin= Prefect
Newton Const ue-1km & AYanQparrrenl
$443,122,20
VOA Drmra;.ptlnn
Laker Equip. lrmarlal tavelrrdea}
flood
f 01 22 10 Oa 70.2
FA RairroursolooFeeskenh.rsadaFeesrrllIlespaidtratheowdroclnrfare`.p Ie mot as drained oy Clymer heart lea naleoFelek cotd@y fa E111iat the hose eo itt1Ore ado kolrcursa a F. If IWOa re. rluJ 1 elFnt re001.'Fes% him* ono aererolo one.. odd al [afrWr4WFI0I in 1Ae Vie` black r Idrool. the Relreberaabie roe to g. eidewelk r.oeure, road alt, varietal manila, wended w ereli r, IdoOdibire eloping cot`, etc it A copy of each rer al, tnv , elf prod of pgrrrn er. r,'na In neirolliel mei the Price 'Pavan'.

Quantity Urif Rico Fedor Troll
3,61,7:99
Inr:lalla n •
H.7e-) ue " 1.06 x. 1.10191
2% Boma fee
$0,007.98
Subtotal for Dot11i 59,667.99
Marti
2 de (75 13 nil Pang
EA Fora 6 To C BF. Faciary Installed ^s0 Gaups Ga7virnreeei1 Sleet Frame 9WIIP 318" Modell P eete For '0 ion. Gllaes le (1 4r, Add
Q+ianuty Uril Price rector
irulm11ea4n 3.06 x 364.18 x 1.2230
Wldpa Me 0x dare
3 ud 12 la 13 00e
EA 8 x 1T'- '71voul, C High, C.0M Deep, 16 O i je, Knock Down liplrr 18tbM Mat Frame
Quantity Li1CF4ice Fatllur
I SO 1.4 Y •
1 1,411.$5 a 1.2254
rout rem earn De re Iin* Rem r edOdrframe

51.312.92^
$1 F2241
4 Tag 12 13 130006 0061
MOO For A .eJllov, Fray Frolnicoomoorol For Phases, Add Ousetity UrWI Nee
InttalledOl i,co a 179.p6 x
3 33 12 18 1801160 0674 kiCD Far Yielded Fromm. Add
Quantity
1,00
lottardlea
LJNI Pok*
21425
Factor
nee •
Fader

1.2200
Mai
217:47
Total
347.16
$217.97
8347.=
6 06 13 13 1301440 EA Tara 14RI',1 d Gaga, Ler1l 2 Hirer !Only, Harley OMs Helm Meth Door
In ate lie
oasrrdty
lo0
Moat reereeenlBlive 1ne *am fordk+lr
Unit Price
015.22
x
Factor
12204
T.ate1
3,03I 07
33,051:.07
7 08 13. 13 10 [,049 0100 idan For 2e kends Flee PaLed Elder, Add 5134.&7 IreAdhirtlPl
Gamely
coo x
41,1 Prye

27.80 Fodor

1.2201
Total
k�l.d3
3 01 71 11 00 0029
PR 6' x b' tieevy-Dtrty, fill Morass, P1a■i bearing, 9r4sedargnay. Seen Gnrorrle Finish Hhiye
lledity UritFoca Faclpt WO
Iretellston &OD x 203.62 x hurts 1.-091.98
Tdial of 12 Irlrises, 3 hinges per doter 4 doors
31,401.08
Cgrrlrin ke P ICs Pio io l-DO1e11
Pepsi of 6
Ett134025

Attachment B
Contractors Price Proposal Detail Gantinue5„
Work Orthia hitirnoer: 14 34.00
work Order T Wo: WaslowaterTreatrnent Plant Roofing Project Doors
1 ' 1 1 A Salmw W0Ylop F34 lama iL kBotLac ted with key °skim mid !halls loot 10196.

If 4IIN 3fr
4rri iodr 404 per Coor
pypr5ty MIL Price
4,®lr a 1,119.85 x
Plug
12200
05 72 43 050011
ff 10191 13 090237
LF 8' 4VWltk. 414' Haight, Await," Suddlr Tlrrearela lFemlao 272A1 aural/ era Prima Fader
1rra1x4aGbrs •

12.03 x 42.14 a 1.2250
3 If par dt[rra 4 i144rs
TOI11
5,45993
dataI
718.22
LF 1 Coat Primo, On aerR4oIwWrk, Pam Exterior Metal Door Frortalima Trim Quanttq UrFLPflo3
InBtEIlB kN1 U8.r3 it 1.11
1711 par Woos x 4lames
LF 2 Coils POAit. ElltetiFfoler Wait Paint E3riortow Metrrl Dog Rom !And Trim Quimby UM Pricy Factor Total
indeeptiNt 0900 x 2,38 '' 1.22011 = 199.,07

1.7 H ago frame x 4 frame
factor
12280
Tai

92.09 97'1982
29222
12 O! 91 13 0411738
15106-27
03 03 91 13 000241
EA 1 fled Farm*, Ohk MRoier Work, Peer [ rtencr Meter Door0rof frorr lauarlliry tMIL Pride Facer Toil
Installation COO x 561 x 12230 2TS9$
I mime 0044 it rrala l d core
$273.02
14 09 91 13 000243
F.A. 2 Cora Peha, 0rutdriRdr Work, Pant Ede ror Metal D00reno loom Cum** Ur91 Pilot FmtIor To141
k11tpAN✓FP+h 400' x 10339 r 1.22150 3 50x 01
1 I thwrnerlrera ccrei eraO 1 WA coat on doom
$ut0to1*I for DOOM

1.50431
$15,545.73
Pbfiilin�
f.5 01 22 23 03 99162
l6 01 71 13 005002
WK 30' Eleatic, &Maar Planar r Lit 51.174.44
Irr4la1L40m 1110
used for pivoting and Mat 0eeimerrk reaps
8=1L First 25 lain, Eq iPrrarl DaYvaac Pickup. lac iIFMiartAr'nd ll7w oblkcotloa L2ar3 A Rollback Rabid TrurkErCIWar Icemng, Ite-4lONO of soup rnordt. dummy al04UAer$nt, oil Ieooingon BR O. Ik9171ri, allm 1wtlkl9. k irk for motto and Ira operlin4 army_ for oquiprrwra 4utll 48 lr0ridWeri. 0k111 -alder 1ooMars [hotfoot!). Inds worehoxaa fraldllh, ***Wien. Pk11lorm Iflt, DV. id90m; rid rrlic Lialaa bcrc*N moo role roll up to •W boom loos Mrs. rdo
Ctuandlw
tali Price
041.08
7r
Fouler
12200
kmuallalmo
2 miaow Iift5
Tpi0.
1,174.81
flaenmy UrlkPrkc4 relief Tolllr
1,00 X 47+1.31 R 122041 • 570.56
376.55
17 OB 01 90 52 6015
SF How Scrarrlp.Md %Win#, NEW Sartrat. Sodom Frogma o11 Chan* UI1i1 Palm Factor
InamYelirrr c
1,788.00 x 3.03 x 1.2200
For rust armor, on Imador2

1.337.38
$19157.35
10 05 f!1 90 820020
SF 2930 TO 5,0003 PSI Preasua Wash. Mgr! &miseec, 9alace Pre,parallcel fa arittflr UeiE Price
k tarlaf7wL 7395,00 x 0.57
For Ire 0 PO minus to roil, aromatic! isr pint
x
Factor
12200 r
Teel
4,913159
*4,913 d4
r°e@n1'.rm 1r "a Prgm.! Proposal - f?ele4 Place 2 015
81791202'5

Attachment B
Cfoi11.r'ctor's Price PrannsRI - Detail Continw.5r„
Work Orc:Ier l',..kiminner. 143430 00
Work Oirtlei Title' W081eIvaNhrTreatmenl Plant Roof rig Prt1,~I"ct Painting
rri :9 C1 91] 52 nom 033,R MOD For -5,000 To 10,030, Deduct Ounrillry tlnlliPrice Ritter reisi
Installation 7,88.04 S -0,4t1 12204 .251k.58
20 09 47 13 23 0104
SF Sway7ype 2 &rural Steel 2 Ail Prime And Two ei bra Nigh SItA1 eparr Watch Omen
Qirnrhtlty Un1PIRx Faelor Total
intimation 71496.0 K 3.71 4 1.2200 31,4r7Nt1
Used to apj1YPinner. eilarm4eaIA 45#l, and fikeini Snot S31,977.60
2} 3+f OE 43 009W4
SF Fla &exam Soo Patntingisicludes1coat epixynrelinhibiting priaeren42 togs epoxy pailrL'li3MIelr.
ouuanay bolt Pane Faller 3brarl
Installation 704.06 x 55.03 4 12240 - 47,y1$.62
Rtal Iraa1lSent and innlintof x14428 e. crow !aecaiiorta and Ion and bottom edg•'ee or building 347340 02
Subtotal for Pakiling $417,59229
Roof
22 tat 77 73 cinc 10
Mb 81y Engine Pa ans& Te1e .r, irry Ilona Mail Lill With mown iluanuly I1 iLlPrce Farior Tole',
Irietaliandri x r 5,4.71.4(1
244 3.5€6.31 t 2100
-id Wtw+xlmra to *Will tear, theitneed to Install Iron, 2Wmfad 1 Idle. Ea. 59,21.40
23 01 22 23 0 WOA2
24 01 22 23 001'2.22
wit. au' Elestrlc, Scissor Plelfrxm uS S1,174.54
Merrily Ural Paw Feeler
ireytilea9PJn 1.54 K 641.®0 ar 12200 r:

Ore *deco I'M per penan, L1 people wanking al the soma terse to insect ire icelen Tool
t174 44
10000Le. capacity, Telescopic Scorn, Pk-I:Wool, Rattail Terrell ConsGvchon Fond* Won Ft1I=Tirne Op rats
4usntity Llrot Prc3n Fedloe
IYra;ellonon 1.50 6 7,03140
Usad irlren eMelarra%duringdemo Rand aiRrah'wawa%(coca rebuild TaLsr

13.097.343
$12,888.38
7,5 O1 71 I5 000002
EA Poi 25 Wee, Equipment Delivery, Pickup, Slionsennon Ana Uri m ln8an Using APoWIbadc Flelbed trsir)ranoeedes reeling, iheAd es o1 eamilulreret delivery cif er1.iginrent, oLT Ioad'7g on ISo, rigging, dl9i1w ltlrg7, loading Terr radon Arad Transporting sway. Fier equipment such as trarctara. aki&ntaee Maderaphohc t Indurate] woolicosororkill% swoop scissorpiatkurm as, levee hag and articulating Won min IIIIt Mir iota 40' boom 'maths, era.
trsstnilai ion
cruemilLy
100 4
Uric POGO
474,31
Fader

1.2244
Total
578.68
24 01 71 13 000004
EA A Mrs' 26 Mlles, Equipment melleary, Pickup, Materelien And kDneerisEiGtelllxt wimp ATractr Trailer Wort up To 63' eedlydudes loading, tie -down m taw relent. deikenry er equipment art loaning on &is, rglging. tliernmrid ng.

Wading rcr main and Marmaarerng. away. For ocrial ilia] Scums a6 b lidosare, mks drppbn firtndeaellc excavators, gra.Olte, read graders, Icaaer-b . heavy-duty oansilrooden kinder, [motors, pawn, roeala bridge arts+ ens, etraglikmast Camiurr4ron o*I ta,teleaaopinpboom rough le —r N erxrslrudVon ionises, taieemplrepawe meml rr9.boamrnan Lxiiirnlanglhs. etc.

Cenallj unit Rice Factor Total
ininenation 3.00 x i107.O7 12200 = LL519e6
Reach it end 2 boom Ms.
$[.,515.08
27 01 74 10 04 0014
EA 20 04` ooapater (3 Ton) `Cceeiructier Dearielinciudes diii+'.i— id nurripelei. reels oeei, pick-up cost, hauling, died dips* fee, liari.bereitio le rnelariet amity UM Pace F„actpr TMW
Iriettrainien 404 >t 7p438 x. t 2240 2,048.00
Used f¢ therm Won debris and project related carre'epctlon dst 52,1#96-g9
Convectors Price Memel - Phil l

Page 3 ends

Santa Maria City CouncilOctober 21, 2025

Santa Maria City Council
October 21, 2025