Agenda — Santa Maria City Council, July 7, 2026 (part 2 of 6)

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,
APPROVING AMENDMENT NO. 1 TO THE AGREEMENT WITH
MOORE & ASSOCIATES, INC. FOR TRANSIT MARKETING,

COMMUNICATIONS, AND OUTREACH SERVICES FOR SANTA

MARIA REGIONAL TRANSIT, APPROVING REVISION TO

SCOPE OF WORK AND CONFIRMING CONTRACT TERM
THROUGH FISCAL YEAR 2028-29

WHEREAS, the City of Santa Maria (“City”) and Moore & Associates, Inc. (“Contractor”) entered into an Agreement for Transit Marketing Services, execute d on March 20, 2019 (“Agreement”), pursuant to which Contractor provides marketing, communications, and outreach services in support of Santa Maria Regional Transit (“SMRT”); and; and

WHEREAS, Section 4 of the Agreement establishes a Maximum Obligation schedule extending through Fiscal Year 2028/29, with an annual maximum of $115,000, reflecting the long-term nature of transit marketing and communications services; and

WHEREAS, Section 3 of the Agreement contains a reference to an eighteen - month complet ion period, which is inconsistent with the multi -year fiscal schedule in Section 4 and represents a clerical error resulting from the use of standard boilerplate contract language; and

WHEREAS, the parties desire to clarify the intended term of the Agree ment and update the Scope of Work to reflect current transit marketing, communications, and outreach service needs; and

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

SECTION 1. The City Co uncil hereby approves Amendment No. 1 to the Agreement with Moore & Associates, Inc. for Transit Marketing, Communications, and Outreach Services, a copy of which is attached hereto and incorporated herein by this reference; and

SECTION 2. The City Manager, or designee, is hereby authorized to execute Amendment No. 1 to the Agreement with Moore & Associates, Inc. on behalf of the City of Santa Maria and to take such other and further actions as may be necessary to carry out the purposes and intent of this Resolution.

SECTION 3. The Chief Deputy City Clerk is hereby authorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent Attachment A

Page 2 of 2 ends

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 7th day of July 2026.

ATTEST:

Chief Deputy City Clerk

Mayor

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

Attachment B
Atty. Rev. 2022

AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES

This Amendment No. 1 to the Agreement for Transit Marketing Services, executed on March 20, 2019 is made on July 7 , 2026, by and between Moore & Associates, Inc., a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

1. The City of Santa Maria (“City”) and Moore & Associates, Inc. (“Contractor”) entered into an Agreement for Transit Marketing Services, executed on March 20, 2019 (“Agreement”), pursuant to which Contractor provides marketing, communications, and outreach services in support of Santa Maria Regional Transit (“SMRT”);

2. Section 4 of the Agreement e stablishes a Maximum Obligation schedule extending through Fiscal Year 2028/29, with an annual maximum of $115,000, reflecting the long -term nature of transit marketing and communications services;

3. Section 3 of the Agreement contains a reference to an eigh teen-month completion period that is inconsistent with the multi-year fiscal schedule in Section 4 and constitutes a clerical error arising from the use of standard boilerplate contract language; the City and Contractor desire to correct this inconsistency and to replace the original Scope of Work with an updated version reflecting the full range of services currently provided.

NOW, THEREFORE, IT IS AGREED:

1. Section 3 (Time Period) of the Agreement is hereby deleted in its entirety and replaced as follows: The Agreement shall remain in full force and effect through the end of Fiscal Year 2028/29 (June 30, 2029), unless terminated earlier in accordance with the provisions of the Agreement. All prior references to an eighteen-month completion period are superseded and rendered null and void;

2. The Scope of Work originally referenced in Section 2 of the Agreement is hereby deleted in its entirety and replaced by the Revised Scope of Work dated April 2026, attached hereto as Exhibit A and incorporated herein by this reference. All services performed by the Contractor shall be governed by the Revised Scope of Work;

3. The maximum annual obligation under the Agreement shall remain unchanged at $115,000 per fiscal year. All other terms and conditions of the Agreement not expressly modified herein shall remain in full force and effect.

4. All other terms of the Agreement remain unchanged

///

Attachment B
Atty. Rev. 2022

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

CONTRACTOR, Moore & Associates, Inc. CITY OF SANTA MARIA

___________________ ____________________ By: By: Brett Fulgoni

APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment B
Atty. Rev. 2022

EXHIBIT A

SANTA MARIA REGIONAL TRANSIT (SMRT)

SCOPE OF WORK

Moore & Associates provides a range of marketing, communications, and outreach services to support the City of Santa Maria’s transit services (SMRT). As a public transit–focused consulting firm, our work is grounded in industry experience and a practical understanding of transit operations, with services delivered through an in-house team to support ridership, community awareness, and public information efforts.

Core Competencies
 Development of visually compelling creative assets, including graphic design and branding;  Strategic copywriting tailored to resonate with target audiences;  Engagement and partnership -building with diverse and underserv ed communities, including provision of translation and interpretation services;
 Coordination with trusted production partners, including printers, photographers, and videographers;  Website design, copywriting, maintenance, and optimization;  Social media strategy, content development, posting, and promotion;  Technical and marketing copywriting, including reports and collateral materials;  Public relations services, including media relations, crisis and emergency communications  Market research services, incl uding customer, community, and stakeholder surveys conducted via online, mail, and in person;
 Bilingual outreach staffing for community events and field engagement;  Full-service video production, including concept development, scripting, casting, filming, editing, distribution, and promotion (live-action and animated);
 Radio advertising and public service announcement (PSA) development, including scriptwriting, recording, and placement;
 Media planning, buying, and placement across print and digital platforms; and  Development of public television announcements, including design and copywriting.

Project Management and Coordination
Moore & Associates employs a structured and collaborative project management approach to ensure timely, efficient, and high -quality delivery of all services. A dedicated project manager will serve as the primary point of contact, coordinating closely with SMRT staff and stakeholders.

Services include:
 Development of work plans, schedules, and deliverable timelines;  Ongoing coordination with City staff and project partners;  Regular status updates and progress reporting; and
 Proactive identification and resolution of potential challenges.

Branding and Messaging Strategy
Moore & Associates develops cohesive branding and messaging platforms that clearly communicate SMRT’s value to the community. We ensure consistency across all communication channels while tailoring messaging to specific target audiences.

Attachment B
Atty. Rev. 2022

Services include:
 Brand positioning and message development;
 Campaign theme and tagline creation;
 Alignment of visual identity and tone across materials; and  Reinforcement of SMRT’s mission, vision, and service benefits.

Public Relations
Moore & Associates implements strategic public relations programs designed to build tru st, enhance credibility, and strengthen relationships with key stakeholders and the broader community. Recognizing that public perception is shaped over time, we emphasize consistent, relevant, and transparent communication to support meaningful connection s between SMRT and the communities it serves.

Services include:
 Development and distribution of media releases, feature articles, newsletters, and briefing materials aligned with SMRT’s brand and messaging;
 Proactive media relations, including maintainin g distribution lists, coordinating interviews, and securing press opportunities to position SMRT as a trusted and authoritative source; and  Community engagement initiatives, such as social media campaigns, speaker’s bureaus, event sponsorships, and participation in community events and tradeshows.

Community Outreach and Engagement
Moore & Associates conducts targeted outreach to engage riders, non-riders, and community stakeholders. Our approach prioritizes inclusivity and equity, ensuring outreach efforts effectively reach diverse and underserved populations.

Services include:
 Planning and implementation of outreach campaigns and events;  Staffing of community meetings, pop-ups, and local events;  Partnerships with community-based organizations;
 Bilingual and culturally responsive engagement strategies; and  Development of accessible and multilingual materials.

System Information Materials
Moore & Associates develops and maintains all system information materials to ensure riders have access to clear, accurate, and user-friendly information. All materials are designed with a focus on clarity, accessibility, and ease of use to enhance the overall rider experience.

Services include:
 Ride Guides, schedules, and route maps;
 Website content and updates;
 Service change materials and rider alerts; and
 Printed and digital collateral supporting system navigation.

Market Research
Attachment B
Atty. Rev. 2022

Moore & Associates conducts comprehensive market research to inform planning and marketing strategies. Our approach uses primary and secondary research to better understand rider behavior, community perceptions, and market opportunities.

Services include:
 Design and implementati on of statistically valid surveys targeting riders, non -riders, and stakeholders using onboard, in -person (intercept), online, and telephone methodologies, achieving a minimum 95 percent confidence level with a ±5 percent margin of error;
 Full-service research management, including survey design, sampling, data collection, data cleaning, and analysis using industry-standard tools;
 Integration of primary and secondary data sources to provide a comprehensive understanding of market conditions and trends; and
 Development of clear, actionable reports and presentations to support data-driven decision-making.

Digital Strategy and Analytics
Moore & Associates integrates digital strategy and performance tracking into all marketing efforts to ensure measurable results and continuous improvement.

Services include:
 Website analytics and performance monitoring;
 Social media analytics and engagement tracking;
 Campaign performance evaluation; and
 Data-driven optimization of marketing strategies.

Media Planning and Buying
Moore & Associates provides strategic media planning and buying services to ensure effective and efficient message delivery.

Services include:
 Evaluation and selection of the most effective media channels based on target audiences, campaign goals, and budget considerations;
 Negotiation of media rates, added value, and optimal ad placements to maximize reach and cost efficiency;  Development and coordination of supporting creative assets that align with campaign messaging and brand standards; and
 Placement and management of advertising across a diverse mix of media channels, including print, digital (Google Ads and display advertising), social media platforms, streaming audio (e.g., Spotify), out -of-home placements (such as billboards, transit adverti sing, and placements in reception areas, restaurants, and bars), and other emerging media opportunities.

Social Media
Attachment B
Atty. Rev. 2022

Moore & Associates provides strategic social media management services to enhance visibility, strengthen community engagement, and ensure consistent, on-brand communication across platforms.

Services include:
 Establishment and optimization of new social media accounts, including platform selection, profile setup, and branding alignment;
 Content planning and development, including creation of content calendars and generation of engaging, relevant post ideas;
 Ongoing account management, including posting, scheduling, and coordination of timely and campaign -specific content;
 Administration support, including management of account access, permissions, and platform governance; and  Monitoring and engagement, including responding to comments and messages, tracking performance, and identifying opportunities to improve reach and interaction.

Performance Measurement and Reporting
Moore & Associa tes establishes key performance indicators (KPIs) to evaluate the success of marketing and outreach efforts. We provide regular reporting to track progress and inform future strategies.

Services include:
 Ridership trends and changes;
 Campaign reach and engagement;
 Website and social media analytics; and
 Public awareness and perception metrics.

Crisis Communications and Issues Management
Moore & Associates provides strategic support for crisis communications and service -related issues. We assist in developing timely, accurate, and transparent messaging during service disruptions or emergencies.

Services include:
 Rapid response communication strategies;
 Media coordination and message development; and
 Support for maintaining public trust during critical situations.

Accessibility and Compliance
Moore & Associates ensures all communications meet accessibility standards and are inclusive of all riders.

Services include:
 ADA-compliant materials and digital content;
 Use of plain language for clarity and comprehension;
 Multilingual communications; and
 Consideration of diverse rider needs in all outreach efforts.

Additional Marketing Services
In addition to the services outlined above, Moore & Associates remains flexible and responsive to emerging needs throughout the duration of the contract. We are prepared to provide additional marketing, public relations and communications support as required.

Attachment B
Atty. Rev. 2022

As-Needed Transit Planning
Moore & Associates provides as -needed transit planning services to support efficien t operations, strategic growth, and responsive service delivery tailored to community needs.

Services include:
 Operational analyses, including line-by-line and systemwide performance evaluations;  Development of Short -Range and Long -Range Transit Plans, supported by needs assessments, market analysis, and demand forecasting;
 Route design and service planning, including schedule development and run-cutting;  Community outreach and engagement to inform planning efforts and ensure stakeholder input;  Mobility management and transportation coordination planning;  Grant preparation, application support, and administration;  Facilities and capital improvement planning; and
 Management, operational, and financial audits, as well as procurement support for transit service operations.

Attachment C

SANTA MARIA REGIONAL TRANSIT (SMRT)

SCOPE OF WORK

Core Competencies
 Development of visually compelling creative assets, including graphic design and branding;  Strategic copywriting tailored to resonate with target audiences;  Engagement and partnership -building with diverse and underserved communities, including provision of translation and interpretation services;
 Coordination with trusted production partners, including printers, photographers, and videographers;
 Website design, copywriting, maintenance, and optimization;  Social media strategy, content development, posting, and promotion;  Technical and marketing copywriting, including reports and collateral materials;  Public relations services, including media relations, crisis and emergency communications  Market research services, including customer, community, and stakeholder surveys conducted via online, mail, and in person;
 Bilingual outreach staffing for community events and field engagement;  Full-service video production, including concept development, scripting, casting, filming, editing, distribution, and promotion (live-action and animated);  Radio advertising and public service announcement (PSA) development, including scriptwriting, recording, and placement;
 Media planning, buying, and placement across print and digital platforms; and  Development of public television announcements, including design and copywriting.

Branding and Messaging Strategy
Moore & Associates develops cohesiv e branding and messaging platforms that clearly communicate SMRT’s value to the community. We ensure consistency across all communication channels while tailoring messaging to specific target audiences.

Services include:
 Brand positioning and message development;
Attachment C

 Campaign theme and tagline creation;
 Alignment of visual identity and tone across materials; and  Reinforcement of SMRT’s mission, vision, and service benefits.

Public Relations
Moore & Associates implements strategic public relations programs designed to build trust, enhance credibility, and strengthen relationships with key stakeholders and the broader community. Recognizing that public perception is shaped over time, we emphasize consistent, relevant, and transparent communication to support meaningful connections between SMRT and the communities it serves.

Services include:
 Development and distribution of media releases, feature articles, newsletters, and briefing materials aligned with SMRT’s brand and messaging;
 Proactive media relations, including maintaining distribution lists, coordinating interviews, and securing press opportunities to position SMRT as a trusted and authoritative source; and  Community engagement initiatives, such as social media campaigns, speaker’s bureaus, event sponsorships, and participation in community events and tradeshows.

Community Outreach and Engagement
Moore & Associates conducts targeted outreach to engage riders, non -riders, and community stakeholders. Our approach prioritizes inclusivity and equity, en suring outreach efforts effectively reach diverse and underserved populations.

System Information Materials
Moore & Associates develops and maintains all system information materials to ensure riders have access to clear, accurate, and user -friendly information. All materials are designed with a focus on clarity, accessibility, and ease of use to enhance the overall rider experience.

Market Research
Moore & Associates conducts comprehensive market research to inform planning and marketing strategies. Our approach uses primary and secondary research to better understand rider behavior, community perceptions, and market opportunities.

Attachment C

Services include:
 Design and implementation of statistically valid surveys targeting riders, non -riders, and stakeholders using onboard, in -person (intercept), online, and telephone methodologies, achieving a minimum 95 percent confidence level with a ±5 percent margin of error;  Full-service research management, including survey design, sampling, data collection, data cleaning, and analysis using industry-standard tools;
 Integration of primary and secondary data sources to provide a comprehensive understanding of market conditions and trends; and
 Development of clear, actionable reports and presentations to support data -driven dec ision- making.

Digital Strategy and Analytics
Moore & Associates integrates digital strategy and performance tracking into all marketing efforts to ensure measurable results and continuous improvement.

Media Planning and Buying
Moore & Associates provides strategic media planning and buying services to ensure effective and efficient message delivery.

Services include:
 Evaluation and selection of the most effective media channels based on target audiences, campaign goals, and budget considerations;
 Negotiation of media rates, added value, and optimal ad placements to maximize reach and cost efficiency;
 Development and coordination of supporting creative assets that align with campaign messaging and brand standards; and
 Placement and management of advertising across a diverse mix of media channels, including print, digital (Google Ads and display advertising), social media platforms, streaming audio (e.g., Spotify), out -of-home placements (such as billboards, transit advertising, and placements in reception areas, restaurants, and bars), and other emerging media opportunities.

Social Media
Moore & Associates provides strategic social media management services to enhance visibility, strengthen community engagement, and ensure consistent, on-brand communication across platforms.

 Administration support, including management of account access, permissions, and platform governance; and
 Monitoring and engagement, including responding to comments and messages, tracking performance, and identifying opportunities to improve reach and interaction.

Performance Measurement and Reporting
Moore & Associates establishes key performance indicators (KPIs) to evaluate the success of marketing and outreach efforts. We provide regular reporting to track progress and inform future strategies.

Services include:
 Ridership trends and changes;
 Campaign reach and engagement;
 Website and social media analytics; and
 Public awareness and perception metrics.

Services include:
 Rapid response communication strategies;
 Media coordination and message development; and
 Support for maintaining public trust during critical situations.

Accessibility and Compliance
Moore & Associates ensures all communications meet acce ssibility standards and are inclusive of all riders.

As-Needed Transit Planning
Moore & Associates provides as-needed transit planning services to support efficient operations, strategic growth, and responsive service delivery tailored to community needs.

 Community outreach and engagement to inform planning efforts and ensure stakeholder input;  Mobility management and transportation coordination planning;  Grant preparation, application support, and administration;  Facilities and capital improvement planning; and
 Management, operational, and financial audits, as well as procurement support for transit service operations.

COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Brett Fulgoni, Director of Public Works

DATE: July 7, 2026

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

Description:

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

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

RECOMMENDATION:

1. Adopt a Resolution awarding a Professional Services Agreement to Bender Rosenthal, Inc. for On-Call Right-of-Way Appraisal Services with an aggregate not- to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement; and

2. Adopt a Resolution awarding a Professional Services Agreement to Curtis - Rosenthal, Inc. for On-Call Right-of-Way Appraisal Services with an aggregate not- to-exceed fee of $1,000,000 per fiscal year ( July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement; and

3. Adopt a Resolution awarding a Professional Services Agreement to Hamner, Jewell & Associates for On -Call Right -of-Way Appraisal Servic es with an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement; and

4. Authorize City Manager or designee to execute agreements.

BACKGROUND:

Right of Way Appraisal Services are necessary for the acquisition of property rights to support City capital improvement projects and other public works-related efforts. Services include appraising properties, preparing appraisal reports, negotia ting with property owners, preparing acquisition documents, assisting with escrow and title work, and providing project management, tracking, and clerical support. 2 DISCUSSION:

On May 26, 2026, a Request for Proposal (RFP) was issued and advertised throug h the City’s e-Procurement Portal, PlanetBids. A total of three proposals were received on June 10, 2026.

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

Firm and Location
Bender Rosenthal, Inc., Sacramento, CA
Curtis-Rosenthal, Inc., Los Angeles, CA
Hamner, Jewell & Associates, San Luis Obispo, CA

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

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

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

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

ATTACHMENT(S)

A. Resolution - Bender Rosenthal, Inc.

B. Resolution - Curtis-Rosenthal, Inc.

C. Resolution - Hamner, Jewell & Associates
D. Agreement - Bender Rosenthal, Inc.

E. Agreement - Curtis-Rosenthal, Inc.

F. Agreement - Hamner, Jewell & Associates

Attachment A

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO BENDER ROSENTHAL, INC. FOR ON-CALL

RIGHT-OF-WAY APPRAISAL SERVICES WITH AN
AGGREGATE NOT-TO-EXCEED FEE OF $1,000,000 PER
FISCAL YEAR (JULY 1 THROUGH JUNE 30), AND A
TOTAL AGGREGATE NOT-TO-EXCEED AMOUNT OF $2,000,000

FOR THE FULL TERM OF THE AGREEMENT

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

WHEREAS, such services include appraising properties, preparing appraisal reports, negotiating with property owners, preparing acquisition documents, assisting with escrow and title work, and providing project management, tracking, and clerical support; and
WHEREAS, on May 26, 2026, the City issued a Request for Proposals for On-Call Right of Way Appraisal Services via the City' s e-Procurement Portal, PlanetBids, with proposals due on June 10, 2026; and

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

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

SECTION 1. Authorize City Manager or designee to execute, on behalf of the City, a Professional Services Agreement with Bender Rosenthal, Inc., for an aggregate not-to- exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement for On-Call Right- of -Way Appraisal Services; and

SECTION 2. The Chief Deputy City Clerk is hereby authorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

///

///
Attachment A

Page 2 of 2 ends

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 7th day of July 2026.

ATTEST:

Chief Deputy City Clerk

Mayor

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

Attachment B

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO CURTIS-ROSENTHAL, INC. FOR ON-CALL

RIGHT-OF-WAY APPRAISAL SERVICES WITH AN AGGREGATE N
OT-TO-EXCEED FEE OF $1,000,000 PER FISCAL YEAR
(JULY 1 THROUGH JUNE 30), AND A TOTAL AGGREGATE
NOT-TO-EXCEED AMOUNT OF $2,000,000 FOR THE FULL

TERM OF THE AGREEMENT

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

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

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

SECTION 1. Authorize City Manager or designee to execute, on behalf of the City, a Professional Services Agreement with Curtis-Rosenthal, Inc., for an aggregate not-to- exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement for On-Call Right- of -Way Appraisal Services; and

///

Attachment B

Page 2 of 2 ends

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 7th day of July 2026.

ATTEST:

Chief Deputy City Clerk

Mayor

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

Attachment C

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING A PROFESSIONAL SERVICES AGREEMENT

TO HAMNER, JEWELL & ASSOCIATES FOR

ON-CALL RIGHT-OF-WAY APPRAISAL SERVICES WITH
AN AGGREGATE NOT-TO-EXCEED FEE OF $1,000,000 PER
FISCAL YEAR (JULY 1 THROUGH JUNE 30), AND A TOTAL
AGGREGATE NOT-TO-EXCEED AMOUNT OF $2,000,000

FOR THE FULL TERM OF THE AGREEMENT

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

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

SECTION 1. Authorize City Manager or designee to execute, on behalf of the City, a Professional Services Agreement with Hamner, Jewell & Associates, for an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement for On- Call Right-of -Way Appraisal Services; and

///

Attachment C

Page 2 of 2 ends

PASSED AND ADOPTED at a regular meeting of the City Council o f the City of Santa Maria, California, held this 7th day of July 2026.

ATTEST:

Chief Deputy City Clerk

Mayor

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

Attachment D

Page 1 of 13 ends

AGREEMENT FOR SERVICES

This Agreement is made on July 7, 2026, by and between Bender Rosenthal, 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 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 until 11:59 p.m. on June 30, 2028, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.

2.02. Services to be Performed. Contractor shall determine the method, details and means of providing on-call right of way appraisal professional services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.

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

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

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

2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.

2.07. 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.

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 Attachment D

Page 2 of 13 ends

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 acts or omissions of an employee, agent or subcontractor of the Contractor. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

4. Miscellaneous

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

To City: To Contractor:

City of Santa Maria – Department of Public Works Bender Rosenthal, Inc.

Attn: Yoselyn Moreno Attn: Rebekah Green
110 S. Pine Street, Suite 221 2825 Watt Avenue, Suite 200 Santa Maria, CA 93458 Sacramento, California 95821

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

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

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

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

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

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

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

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

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

4.10 Prevailing Wage. Prevailing Wage. If applicable, Contractor and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination 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 Attachment D

Page 3 of 13 ends

ascertained, determined and specified are referred to and made a part hereof as though fully set forth herein. Further requirements are attached as Exhibit D.

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

CONTRACTOR CITY OF SANTA MARIA

___________________ ____________________
By: Renee Baur By: Brett Fulgoni
CEO Public Works Director

APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment D

Page 4 of 13 ends

EXHIBIT A

SCOPE OF WORK
Purpose
The Consultant shall provide on-call right-of-way appraisal, appraisal review, valuation, and related acquisition support services for City capital projects, public works projects, development-related improvements, easements, temporary construction easements, partial acquisitions, full acquisitions, access rights, and other real property interests.

Standards and Compliance
Services shall comply with applicable USPAP requirements, California public acquisition and eminent-domain requirements, Uniform Relocation Assistance and Real Property Acquisition Policies Act requirements when applicable, Caltrans Right of Way Manual/LAPM requirements for state/federal-aid projects when applicable, City procedures, and task-order-specific requirements.

Appraisal and Valuation Services
Prepare appraisals, appraisal reports, appraisal updates, waiver valuations where appropriate, market data studies, comparable sales analyses, highest and best use analyses, partial acquisition and severance/benefit analyses, easement valuations, temporary construction easement valuations, access impairment analyses, and other real property valuation services.

Appraisal Review
Provide independent appraisal review, review memoranda, compliance reviews, reasonableness checks, and recommendations for approval, revision, or rejection of appraisals prepared by others, where authorized and where no conflict exists.

Acquisition and Negotiation Support
If authorized, prepare and support offer packages, appraisal summary statements, acquisition agreements, deeds/easement documents in coordination with City Attorney and surveyor, owner contact logs, negotiation diaries, administrative settlement analyses, and status reports. Present offers and communicate with property owners only as authorized by the City.

Title, Escrow, and Document Coordination
Coordinate with title companies, escrow officers, surveyors, City Attorney, and City staff regarding preliminary title reports, vesting, liens/encumbrances, legal descriptions, plats, deeds, easements, escrow instructions, closing requirements, and recording status.

Relocation and Specialty Support
Identify potential relocation issues early. If relocation services are included, provide or manage qualified relocation assistance consistent with applicable law. If excluded, coordinate with the City's separate relocation consultant.

Project Management and Tracking
Maintain parcel logs, acquisition schedules, deliverable trackers, negotiation status summaries, risk/issue logs, document control, meeting notes, owner communication logs, and monthly task-order status reports.

Attachment D

Page 5 of 13 ends

Litigation / Expert Support
When authorized, provide condemnation support, expert witness services, deposition/hearing preparation, trial exhibits, valuation consultation, and coordination with City Attorney or outside counsel.

Conflict Management
Disclose actual or potential conflicts. Maintain role separation between appraisal, appraisal review, negotiation, and litigation support where required by law, funding source, professional standards, or City direction.

Deliverables
Deliverables may include appraisal reports, review appraisal reports, waiver valuation memoranda, offer packages, appraisal summary statements, acquisition agreements, deeds/easements in coordination with counsel and surveyor, administrative settlement memos, parcel status logs, title/escrow summaries, meeting materials, and expert support work products.

REQUIREMENTS

Contractor(s) shall meet the following requirements:

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

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

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

Attachment D

Page 6 of 13 ends

EXHIBIT B

PAYMENT

I. Progress Authorization

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

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

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

The aggregate not -to-exceed fee for all tasks provided under this Agreement shall be $1,000,000 per fiscal year (July 1 through June 30), with a total aggregate not -to-exceed amount of $2,000,000 for the full two -year term.

II. Invoice procedure.

A. Payment shall be monthly based on the billable charges.

B. The Contractor shall present the bill for charges from the previous 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.

D. City may withhold payment for disputed work. Payment of fees shall not constitute an acceptance of work.

III. Rates shall be billed according to Contractor’s attached fee schedule, up to the not-to- exceed amount. Work Authorized by Change Order/Amendment shall be b illed at on a time and materials basis according to the attached fee schedule, unless another payment method is agreed to in writing by the City prior to initiation of work.

IV. If Contractor’s response to the City’s RFP or RFQ is attached to this agreement, all terms other than those concerning the Contractor’s billing rates and scope of work are null and void.

Attachment D

Page 7 of 13 ends

Attachment D

Page 8 of 13 ends

Attachment D

Page 9 of 13 ends

EXHIBIT C

INSURANCE REQUIREMENTS

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

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

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

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

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.

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 Provisions

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

Attachment D

Page 10 of 13 ends

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 equ ipment 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 n otices 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 Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

E. Acceptability of Insurers

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

F. Verification of Coverage

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

G. Special Risks or Circumstances

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

Attachment D

Page 11 of 13 ends

EXHIBIT D

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND PRECONSTRUCTION PHASES OF

CONSTRUCTION, AND INSTALLATIONS

The terms of this Exhibit apply to all Public Works projects for over $1,000.

For purposes of this Exhibit, “Public Works” includes any project of a type defined in California Labor Code section 1720 when paid for in whole or in part by public funds. These projects include:
construction, alteration, demolition, installation, or repair work done under contract. For purposes of this definition, "construction" includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including, but not limited to, inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the postconstruction phases of construction, including, but not limited to, all cleanup work at the jobsite. For purposes of this definition, "installation" includes, but is not limited to, the assembly and disassembly of freestanding and affixed modular office systems.

Pursuant to California Labor Code sections 1720 and 1771, construction, alteration, demolition, installation, repair and maintenance work performed under this Agreement is subject to State prevailing wage laws. State prevailing wage laws require certain provisions be included in all contracts for public works. The CONTRACTOR and any subcontractors shall comply with all applicable State prevailing wage laws, whether included in this agreement or inadvertently omitted, including but not limited to the requirements listed below:

1. Compliance with Prevailing Wage Requirements. Pursuant to California Labor Code sections 1720 through 1861, the CONTRACTOR and all subcontractors shall ensure that all workers who perform work under this Agreement are paid not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations (DIR). This includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including but not limited to inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the post- construction phases of construction, including but not limited to all cleanup work at the jobsite.

1.1. Copies of such prevailing rate of per diem wages are on file at the City Public Works Department and are available for inspection to any interested party on request. Copies of the prevailing rate of per diem wages also may be found at
http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. The CONTRACTOR and all subcontractors shall post a copy of the prevailing rate of per diem wages determination at each job site and shall make them available to any interested party upon request.

1.2. The wage rates determined by the DIR refer to expiration dates. If the published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, then the published rate of wage shall be in effect for the life of this Agreement. If the published wage rate refers to a predetermined wage rate to become effective upon expiration of the 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 Attachment D

Page 12 of 13 ends

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.

3. Payroll Records. The CONTRACTOR and all subcontractors shall comply with California Labor Code section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. The CONTRACTOR shall require all subcontractors to also comply with section 1776. The CONTRACTOR and all subcontractors shall furnish records specified in section 1776 on a monthly basis, both to the City and directly to the Labor Commissioner in the manner required by California Labor Code section 1771.4. The CONTRACTOR shall ensure its subcontractors prepare and submit payroll records to the City and the DIR as required by this section. The City may require the CONTRACTOR and its subcontractors to prepare and submit records specified in section 1776 to the City and the Labor Commissioner on a weekly basis, at no additional cost to the City.

4. Apprentices. The CONTRACTOR and all subcontractors shall comply with California Labor Code sections 1777.5, 1777.6 and 1777.7 concerning the employment and wages of apprentices.

The CONTRACTOR is responsible for compliance with this section for all apprenticeable occupations pursuant to California Labor Code section 1777.5(n).

5. Working Hours. The CONTRACTOR and all subcontractors shall comply with California Labor Code sections 1810 through 1815, including but not limited to: (i) restrict working hours on public works contracts to eight hours a day and forty hours a week, unless all hours worked in excess of 8 hours per day are compensated at not less than 1½ times the basic rate of pay; and (ii) specify penalties to be imposed on CONTRACTORs and subcontractors of $25 per worker per day for each day the worker works more than 8 hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.

6. Required Provisions for Subcontracts. The CONTRACTOR shall include, at a minimum, a copy of the following provisions in any contract they enter into with a subcontractor: California Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860 and 1861.

7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the CONTRACTOR is required to secure the payment of compensation of its 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.

Attachment D

Page 13 of 13 ends

9. CONTRACTOR and Subcontractor Registration Requirements. The CONTRACTOR and all subcontractors shall not engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5 CONTRACTOR certifies that the CONTRACTOR has verified that all CONTRACTOR and all subcontractors (if any approved by City) used on this project are registered with the DIR in compliance with California Labor Code sections 1771.1 and 1725.5. The CONTRACTOR shall provide proof of registration for themselves and all listed subcontractors to the City at the time of signature of contract and immediately upon any changes or City’s request.

10. Stop Order. Where a CONTRACTOR or subcontractor engages in the performance of any public work contract without having been registered in violation of California Labor Code sections 1725.5 or 1771.1, the Labor Commissioner must issue and serve a stop order prohibiting the use of the unregistered CONTRACTOR or subcontractor on ALL public works until the unregistered CONTRACTOR or subcontractor is registered. Failure to observe a stop order is a misdemeanor.

Attachment E

Page 1 of 12 ends

AGREEMENT FOR SERVICES

This Agreement is made on July 7, 2026, by and between Curtis-Rosenthal, Inc., a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

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

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

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

2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.

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

3. Contractor’s Obligations.

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

3.03. Status. Contractor (including its employees) is an independent contractor. No employer/employee relationship exi sts 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 unde r this agreement.

Page 2 of 12 ends

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 acts or omissions of an employee, agent or subcontractor of the Contractor. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

4. Miscellaneous

To City: To Contractor:

City of Santa Maria – Department of Public Works Curtis-Rosenthal, Inc.

Attn: Yoselyn Moreno Attn: David Rosenthal
110 S. Pine Street, Suite 221 5901 W. Century Blvd., Suite 1230 Santa Maria, CA 93458 Los Angeles, CA 90045

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

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

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

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

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

Attachment E

Page 3 of 12 ends

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

CONTRACTOR CITY OF SANTA MARIA

___________________ ____________________
By: David Rosenthal By: Brett Fulgoni
President/CEO Public Works Director

APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment E

Page 4 of 12 ends

EXHIBIT A

SCOPE OF WORK

Purpose
The Consultant shall provide on-call right-of-way appraisal, appraisal review, valuation, and related acquisition support services for City capital projects, public works projects, development-related improvements, easements, temporary construction easements, partial acquisitions, full acquisitions, access rights, and other real property interests.

Page 5 of 12 ends

and monthly task-order status reports.

REQUIREMENTS

Contractor(s) shall meet the following requirements:

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

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

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

Attachment E

Page 6 of 12 ends

EXHIBIT B

PAYMENT

I. Progress Authorization

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

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

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

The aggregat e not -to-exceed fee for all tasks provided under this Agreement shall be $1,000,000 per fiscal year (July 1 through June 30), with a total aggregate not -to-exceed amount of $2,000,000 for the full two -year term.

II. Invoice procedure.

A. Payment shall be monthly based on the billable charges.

B. The Contractor shall present the bill for charges from the previous 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.

D. City may withhold payment for disputed work. Payment of fees shall not constitute an acceptance of work.

III. Rates shall be billed according to Contractor’s attached fee schedule, up to the not-to- exceed amount. Work Authorized by Change Order/Amendment shall be billed at on a time and materials basis according to the attached fee schedule, unless another payment method is agreed to in writing by the City prior to initiation of work.

IV. If Contractor’s response to the City’s RFP or RFQ is attached to this agreement, all terms other than those concerning the Contractor’s billing rates and scope of work are null and void.

Attachment E

Page 7 of 12 ends

Attachment E

Page 8 of 12 ends

EXHIBIT C

INSURANCE REQUIREMENTS

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

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

3. Workers’ Compensation: Statutory limits.

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

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

C. Self-insured Retentions

D. Other Insurance Provisions

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

Page 9 of 12 ends

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).

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.

E. Acceptability of Insurers

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

F. Verification of Coverage

G. Special Risks or Circumstances

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

Attachment E

Page 10 of 12 ends

EXHIBIT D

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND PRECONSTRUCTION PHASES OF

CONSTRUCTION, AND INSTALLATIONS

The terms of this Exhibit apply to all Public Works projects for over $1,000.

Page 11 of 12 ends

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.

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).

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 employees.

By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:

Attachment E

Page 12 of 12 ends

Attachment F

Page 1 of 15 ends

AGREEMENT FOR SERVICES

This Agreement is made on July 7, 2026, by and between Hamner, Jewell & Associates, a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

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

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

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

2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.

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

3. Contractor’s Obligations.

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

Page 2 of 15 ends

4. Miscellaneous

To City: To Contractor:

City of Santa Maria – Department of Public Works Hamner, Jewell & Associates Attn: Yoselyn Moreno Attn: J.T. Katavich
110 S. Pine Street, Suite 221 3183 Duncan Road, Suite E Santa Maria, CA 93458 San Luis Obispo, CA 93401

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

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

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

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

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

Page 3 of 15 ends

ascertained, determined and specified are referred to and made a part hereof as though fully set forth herein. Further requirements are attached as Exhibit D.

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

CONTRACTOR CITY OF SANTA MARIA

___________________ ____________________
By: J.T. Katavich By: Brett Fulgoni
Senior Associate Director of Public Works

APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment F

Page 4 of 15 ends

EXHIBIT A

SCOPE OF WORK

Page 5 of 15 ends

and monthly task-order status reports.

REQUIREMENTS

Contractor(s) shall meet the following requirements:

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

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

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

Attachment F

Page 6 of 15 ends

EXHIBIT B

PAYMENT

I. Progress Authorization

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

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

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

II. Invoice procedure.

A. Payment shall be monthly based on the billable charges.

B. The Contractor shall present the bill for charges from the previous 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.

D. City may withhold payment for disputed work. Payment of fees shall not constitute an acceptance of work.

III. Rates shall be billed according to Contractor’s attached fee schedule, up to the not-to- exceed amount. Work Authorized by Change Order/Amendment shall be billed at on a time and materials basis according to the attached fee schedule, unless another payment method is agreed to in writing by the City prior to initiation of work.

IV. If Contractor’s response to the City’s RFP or RFQ is attached to this agreement, all terms other than those concerning the Contractor’s billing rates and scope of work are null and void.

Attachment F

Page 7 of 15 ends

Attachment F

Page 8 of 15 ends

Attachment F

Page 9 of 15 ends

Attachment F

Page 10 of 15 ends

Attachment F

Page 11 of 15 ends

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 maint ains 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.

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.

C. Self-insured Retentions

D. Other Insurance Provisions

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

Page 12 of 15 ends

by or on behalf of the Consultant including materials, parts or equ ipment 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).

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.

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

G. Special Risks or Circumstances

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

Attachment F

Page 13 of 15 ends

EXHIBIT D

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND PRECONSTRUCTION PHASES OF

CONSTRUCTION, AND INSTALLATIONS

The terms of this Exhibit apply to all Public Works projects for over $1,000.

Page 14 of 15 ends

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.

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).

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 employees.

By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:

Attachment F

Page 15 of 15 ends

COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Brett Fulgoni, Director of Public Works

DATE: July 7, 2026

SUBJECT: Adoption of a Resolution Retroactively Authorizing the Emergency Procurement of Two Replacement HVAC Units in The Amount Of $28,099 For Fire Administration and Fire Station 5

Description:

The City Council will consider adopting a Resolution retroactively authorizing the emergency procurement of two replacement HVAC units in the amount of $28,099 for Fire Administration and Fire Station 5.

Environmental Notice: The Project qualifies for a Class 2 Categorical Exemption pursuant to Section 15302 (Replacement or Reconstruction) of t he California Environmental Quality Act State Guidelines.

RECOMMENDATION:

1. Adopt a Resolution retroactively authorizing the replacement of two HVAC units in the amount of $28,099 for Fire Administration and Fire Station 5; and

2. Authorize the City Manager or designee to execute emergency procurements for staff safety purposes using the adopted Unforeseen Facility Repairs account provided such procurements are within the scope of the definition of emergency procurements and are within the adopted budgeted account.

BACKGROUND:

During the FY 2025-26, two HVAC units serving Fire Administration and Fire Station 5 experienced critical failures. Evaluation by HVAC contractors determined that the units had reached the end of their usef ul lives and utilized R -22 (Freon) refrigerant. Due to federal and state environmental regulations, including CARB compliance requirements, R-22 refrigerant is no longer manufactured for use in new equipment, making repairs impractical and cost-prohibitive.

The failures affected the ability of the facilities to maintain appropriate indoor environmental conditions and required prompt action to support continued operations.

Staff proceeded with the emergency replacement of the units using available funding within the adopted Unforeseen Facility Repairs budget.

The City’s purchasing policies allow s for the City Manager to authorize emergency procurements when immediate action is necessary to protect public health, safety, 2 welfare, or City property. Staff determined that replacement of the failed units was necessary and in the best interest of the City.

DISCUSSION:

The replacement of the HVAC units at Fire Administration and Fire Station 5 was necessary to maintain safe working conditions and support uninterrupted fire department operations. Delaying the procurement process could have exposed employees to unsafe indoor temperatures, adversely affected workplace conditions, and potentially disrupted essential public safety services.

To improve the City’s ability to respond to similar facility-related emergencies in the future, staff recommend authorizing the City, or their designee, to execute emergency procurements for staff safety -related facility repairs when such purchas es meet the definition of an emergency procurement and are funded within the adopted Unforeseen Facility Repairs account. This authorization would allow staff to respond promptly to urgent facility failures while maintaining compliance with budgetary controls and reporting requirements.

The proposed authorization is intended to address unforeseen facility conditions that require immediate corrective action to protect employee safety, preserve City assets, and maintain operational continuity. Staff will con tinue to bring significant emergency expenditures to the City Council for ratification as required by City policy and applicable regulations.

Alternative(s)
The City Council could choose not to authorize staff to make emergency procurements for facility repairs; however, this is not recommended to ensure safety compliance.

Fiscal Considerations
Staff is not requesting additional funding for this procurement. The emergency purchase of two HVAC units in the amount of $28,099 was funded though the FY 2025-26 adopted budget in the Unforeseen Facility Repairs account 6200|FD100|CC1150|SC3610.

Impact on the Community
The emergency procurement of the two HVAC Unit s for Fire Administration and Fire Station 5 was required to comply with Cal OSHA heat illness prevention and air quality compliance laws.

ATTACHMENT(S)

A. Resolution

Attachment A

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

RETROACTIVELY AUTHORIZING THE REPLACEMENT
OF TWO HVAC UNITS IN THE AMOUNT OF $28,099
FOR FIRE ADMINISTRATION AND FIRE STATION 5

WHEREAS, during FY 25-26, two HVAC units serving Fire Administration and Fire Station 5 have experienced critical failures and were determined by HVAC contractors to have reached the end of their useful lives; and

WHEREAS, the failed units utilized R-22 (Freon) refrig erant, which is no longer manufactured for use in new equipment due to federal and state environmental regulations, including CARB compliance requirements, making repairs impractical and cost-prohibitive; and

WHEREAS, the failures impaired the facilities' ability to maintain appropriate indoor environmental conditions and required prompt corrective action to maintain operational continuity and preserve City property, and staff proceeded with the replacement of the units using available funding within the adopted budget; and.

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 retroactively authorizes the emergency replacement of two HVAC units made during FY 25 -26 serving Fire Administration and Fire Station 5 in the amount of $28,099 and finds that the emergency procurement was necessary to protect public health, safety, welfare and City Operations; and

SECTION 2. the City Manager or designee is authorized to exec ute emergency procurements for staff safety purposes using the adopted Unforeseen Facility Repairs account provided such procurements are within the scope of the definition of emergency procurements and are within the adopted budgeted account; and

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

///

Attachment A

Page 2 of 2 ends

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 7th day of July 2026.

ATTEST:

Chief Deputy City Clerk

Mayor

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

COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Brett Fulgoni, Director of Public Works

DATE: July 7, 2026

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

Description:

The City Council will consider approving the award of On -Call Construction Stormwater Inspection Services Agreements to Omni Design, Inc., Tetra Tech, Inc., Trihydro, and Wallace Group.

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 awarding a Professional Services Agreement to Omni Design, Inc. for On -Call Construction Stormwater Inspection Services with an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not -to-exceed amount of $2,000,000 for the full term of the Agreement; and

2. Adopt a Resolution awarding a Professional Services Agreement to Tetra Tech, Inc. for On -Call Construction Stormwater Inspection Services with an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not -to-exceed amount of $2,000,000 for the full term of the Agreement; and

3. Adopt a Resolution awarding a Professional Services Agreement to Trihydro for On-Call Construction Stormwater Inspection Services with an aggregate not -to- exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement; and

4. Adopt a Resolution awarding a Professional Services Agreement to Wallace Group for On-Call Construction Stormwater Inspection Services with an aggregate not - to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement; and

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

2 BACKGROUND:

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

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

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

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

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

DISCUSSION:

On May 26, 2026, a Request for Proposal (RFP) was issued and advertised through the City’s e-Procurement Portal, PlanetBids. A total of seven proposals were received on June 10, 2026.

Firm and Location
Omni Design, Inc., San Luis Obispo, CA
Tetra Tech, Inc., Santa Maria, CA
Trihydro, San Luis Obispo, CA
Wallace Group, San Luis Obispo, CA

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

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

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

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

ATTACHMENT(S)

A. Resolution- Omni Design, Inc.

B. Resolution - Tetra Tech, Inc.

C. Resolution - Trihydro
D. Resolution - Wallace Group
E. Agreement - Omni Design, Inc.

F. Agreement - Tetra Tech, Inc.

G. Agreement - Trihydro
H. Agreement - Wallace Group

Attachment A

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,

AWARDING A PROFESSIONAL SERVICES AGREEMENT TO
OMNI DESIGN, INC. FOR ON-CALL CONSTRUCTION

STORMWATER INSPECTION SERVICES WITH AN AGGREGATE
NOT-TO-EXCEED FEE OF $1,000,000 PER FISCAL YEAR (JULY
1 THROUGH JUNE 30), AND A TOTAL AGGREGATE NOT-TO-
EXCEED AMOUNT OF $2,000,000 FOR THE FULL TERM OF THE

AGREEMENT

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

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

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

WHEREAS, on May 26, 2026, the City issued a Request for Proposals for On-Call Construction Stormwater Inspection via the City's e-Procurement Portal, PlanetBids, with proposals due on June 10, 2026; and

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

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

SECTION 1. Authorize City Manager , or designee, to execute, on behalf of the City, a Professional Services Agreement with Omni Design, Inc., for an aggregate not-to- exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement for On-Call Construction Stormwater Inspection Services; and

Attachment A

Page 2 of 2 ends

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 7th day of July 2026.

ATTEST:

Chief Deputy City Clerk

Mayor

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

Attachment B

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,

AWARDING A PROFESSIONAL SERVICES AGREEMENT TO
TETRA TECH, INC. FOR ON-CALL CONSTRUCTION

AGREEMENT

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

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

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

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

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

SECTION 1. Authorize City Manager , or designee, to execute, on behalf of the City, a Professional Services Agreement with Tetra Tech, Inc. for an aggregate not -to- exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full ter m of the Agreement for On-Call Construction Stormwater Inspection Services; and

Attachment B

Page 2 of 2 ends

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 7th day of July 2026.

ATTEST:

Chief Deputy City Clerk

Mayor

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

Attachment C

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,

AWARDING A PROFESSIONAL SERVICES AGREEMENT TO

TRIHYDRO FOR ON-CALL CONSTRUCTION STORMWATER

INSPECTION SERVICES WITH AN AGGREGATE NOT-TO-
EXCEED FEE OF $1,000,000 PER FISCAL YEAR (JULY 1
THROUGH JUNE 30), AND A TOTAL AGGREGATE NOT-TO-
EXCEED AMOUNT OF $2,000,000 FOR THE FULL TERM OF THE

AGREEMENT

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

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

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

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

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

SECTION 1. Authorize City Manager , or designee, to execute, on behalf of the City, a Professional Services Agreement with Trihydro, for an aggregate not -to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not -to- exceed amount of $2,000,000 for the full term of the Agreement for On-Call Construction Stormwater Inspection Services; and

Attachment C

Page 2 of 2 ends

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 7th day of July 2026.

ATTEST:

Chief Deputy City Clerk

Mayor

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

Attachment D

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,

AWARDING A PROFESSIONAL SERVICES AGREEMENT TO

WALLACE GROUP FOR ON-CALL CONSTRUCTION

AGREEMENT

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

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

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

WHEREAS, following a Request for Proposals process, Wallace Group was determined to be responsive and the most qualified firm to p rovide the required construction stormwater inspection services.

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

SECTION 1. Authorize City Manager , or designee, to execute, on behalf of the City, a Professional Services Agreement with Wallace Group, for an aggregate not -to- exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement for On-Call Construction Stormwater Inspection Services; and

Attachment D

Page 2 of 2 ends

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 7th day of July 2026.

ATTEST:

Chief Deputy City Clerk

Mayor

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

Attachment E
Atty. Rev. 2025

AGREEMENT FOR SERVICES

This Agreement is made on July 7 , by and between Omni Design , 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 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 until 11:59 p.m. on June 30, 2028, beginning on the date first written above. This contract may be extended by mutual consent of the parti es. This contract may be termin ated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.

2.02. Services to be Performed. Contractor shall determine the method, details and means of providing on-call construction stormwater inspection services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.

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

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

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

2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.

2.07. 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 additiona l 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.

3.04. 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, an d judgments, associated investigation and administrative Attachment E
Atty. Rev. 2025

4. Miscellaneous

4.01. Notices. All communication relating to the day -to-day activities of this Agreement shall be exchanged betwee n 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: To Contractor:

City of Santa Maria – Department of Public Works Omni Design, Inc.

Attn: Yoselyn Moreno Attn: Juan Pablo Cal y Mayor 110 S. Pine Street, Suite 221 1326 Chorro Street Santa Maria, CA 93458 San Luis Obispo, CA 93401

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

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

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

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

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

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

determined and specified are referred to and made a part hereof as though fully set forth herein. Further requirements are attached as Exhibit D.

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

CONTRACTOR CITY OF SANTA MARIA

___________________ ____________________
By: Juan Pablo Cal y Mayor By: Brett Fulgoni
CEO Director of Public Works

APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment E
Atty. Rev. 2025

EXHIBIT A

SCOPE OF WORK
Purpose
The Consultant shall provide on-call construction stormwater inspection, SWPPP/WPCP review, compliance documentation, sampling, SMARTS support, and technical assistance for land development and City capital projects within the City of Santa Maria.

Task Order Approach
Services shall be authorized by written task order identifying project, site, permit coverage, inspection frequency, deliverables, schedule, and fee. Emergency verbal authorization shall be documented in writing within 24 hours.

Land Development Construction Stormwater Inspection
Perform routine, complaint-based, pre-rain, rain-event, post-rain, and follow-up inspections of private land development projects for compliance with the City's MS4 permit, applicable Construction General Permit requirements, approved SWPPP/WPCP documents, City standards, and required BMP implementation.

City Capital Project Compliance
Provide QSD/QSP support for City capital projects, including SWPPP/WPCP review and implementation assistance, NOI/NOT support, WDID/SMARTS coordination, rain event action plan support where applicable, inspection documentation, sampling coordination, and closeout assistance.

SWPPP/WPCP Review
Review SWPPPs, WPCPs, site maps, BMP plans, inspection schedules, risk-level documentation, dewatering/pollutant control measures, and amendments for completeness and consistency with applicable permit requirements and City expectations.

Inspection Documentation
Prepare inspection reports with photographs, weather conditions, BMP status, deficiencies, corrective actions, responsible parties, deadlines, reinspection results, communications with site superintendent/contractor, and recommended escalation when deficiencies are not corrected.

Sampling and Rain Event Support
Conduct or coordinate required sampling and field measurements when applicable, document sampling events, coordinate laboratory analysis when authorized, and support reporting of results and corrective actions.

Post-Construction Requirements / PCR Verification
Verify installation and function of post-construction BMPs and stormwater control measures before closeout, including treatment controls, infiltration/retention areas, bioretention, hydromodification features where applicable, maintenance access, as-built consistency, and punch-list correction.

Attachment E
Atty. Rev. 2025

PCR verification shall include photo documentation, as-built/field verification notes, punch list of deficiencies, and confirmation of maintenance/access features needed for City acceptance or project closeout.

SMARTS and Permit Closeout
Assist with SMARTS uploads, NOI/NOT filings, annual reports or other permit documentation when authorized, and provide City staff with documentation needed for certification or closeout. City retains responsibility for final certifications unless otherwise authorized.

Compliance Support and Escalation
Support City enforcement through corrective-action notices, reinspection documentation, escalation recommendations, meeting attendance, contractor/developer communication, and technical support for resolving repeated or significant noncompliance.

Templates, Training, and Program Support
Assist with City stormwater inspection checklists, SOPs, SWPPP review templates, staff training, contractor/developer guidance, and updates to standard conditions or documentation procedures.

Deliverables
Deliverables may include inspection reports, photo logs, SWPPP/WPCP review comments, correction notices, rain-event documentation, sampling records, SMARTS documentation, monthly status reports, PCR verification forms, final stabilization/closeout recommendations, and training materials.

Minimum Qualifications
Lead staff shall maintain active QSD certification and field inspectors shall maintain active QSP certification. Proposers should demonstrate experience with municipal MS4 compliance, California Construction General Permit implementation, CASQA BMP guidance, Caltrans stormwater requirements when applicable, SMARTS, inspection documentation, and public agency coordination.

Attachment E
Atty. Rev. 2025

EXHIBIT B

PAYMENT

I. Progress Authorization

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

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

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

II. Invoice procedure.

A. Payment shall be monthly based on the billable charges.

B. The Contractor shall present the bill for charges from the previous 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.

D. City may withhold payment for disputed work. Payment of fees shall not constitute an acceptance of work.

III. Rates shall be billed according to Contractor’s attached fee schedule, up to the not-to-exceed amount. Work Authorized by Change Order/Amendment shall be billed at on a time and materials basis according to the attached fee schedule, unless another payment method is agreed to in writing by the City prior to initiation of work.

IV. If Contractor’s response to the City’s RFP or RFQ is attached to this agreement, all terms other than those concerning the Contractor’s billing rates and scope of work are null and void.

Attachment E
Atty. Rev. 2025

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 employ ees. 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.

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.

C. Self-insured Retentions

D. Other Insurance Provisions

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

Attachment E
Atty. Rev. 2025

1. The City, its officers, officials, employees and volunteers are to be covered as addition al insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the 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).

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.

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

G. Special Risks or Circumstances

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

Attachment E
Atty. Rev. 2025

EXHIBIT D

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND PRECONSTRUCTION PHASES OF

CONSTRUCTION, AND INSTALLATIONS

The terms of this Exhibit 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 repa ir 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, "inst allation" 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 subco ntractors shall comply with all applicable State prevailing wage laws, whether included in this agreement or inadvertently omitted, including but not limited to the requirements listed below:

1. Compliance with Prevailing Wage Requirements. Pursuant to California Labor Code sections 1720 through 1861, the CONTRACTOR and all subcontractors shall ensure that all workers who perform work under this Agreement are paid not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations (DIR). This includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including but not limited to inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the post - construction phases of construction, including but not limited to all cleanup work at the jobsite.

1.1. Copies of such prevailing rate of per diem wages are on file at th e 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 publishe d wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on 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 Attachment E
Atty. Rev. 2025

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 A greement, such wage rate shall apply to the balance of the Agreement.

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 1 776. 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).

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 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.”

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 CONTRACTO R 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.

Attachment F
Atty. Rev. 2025

AGREEMENT FOR SERVICES

This Agreement is made on July 7 , by and between Tetra Tech, Inc. , a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City 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 until 11:59 p.m. on June 30, 2028, beginning on the date first written above. This contract may be extended by mutual consent of the parti es. This contract may be termin ated 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.

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

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

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

2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.

2.07. 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 additiona l 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.

3.04. 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, an d judgments, associated investigation and administrative Attachment F
Atty. Rev. 2025

4. Miscellaneous

4.01. Notices. All communication relating to the day -to-day activities of this Agreement shall be exchanged betwee n 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: To Contractor:

City of Santa Maria – Department of Public Works Tetra Tech, Inc.

Attn: Yoselyn Moreno Attn: Anne Simpson
110 S. Pine Street, Suite 221 3201 Airpark Drive, Suite 108 Santa Maria, CA 93458 Santa Maria, CA 93455

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

4.04. 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.

determined and specified are referred to and made a part hereof as though fully set forth herein. Further requirements are attached as Exhibit D.

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

CONTRACTOR CITY OF SANTA MARIA

___________________ ____________________
By: Tim Tringali By: Brett Fulgoni
Vice President Director of Public Works

APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment F
Atty. Rev. 2025

EXHIBIT A

Attachment F
Atty. Rev. 2025

EXHIBIT B

PAYMENT

I. Progress Authorization

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

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

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

II. Invoice procedure.

A. Payment shall be monthly based on the billable charges.

B. The Contractor shall present the bill for charges from the previous 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.

D. City may withhold payment for disputed work. Payment of fees shall not constitute an acceptance of work.

III. Rates shall be billed according to Contractor’s attached fee schedule, up to the not-to-exceed amount. Work Authorized by Change Order/Amendment shall be billed at on a time and materials basis according to the attached f ee schedule, unless another payment method is agreed to in writing by the City prior to initiation of work.

IV. If Contractor’s response to the City’s RFP or RFQ is attached to this agreement, all terms other than those concerning the Contractor’s billing rates and scope of work are null and void.

Attachment F
Atty. Rev. 2025

EXHIBIT C

INSURANCE REQUIREMENTS

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

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

3. Workers’ Compensation: Statutory limits.

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

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

C. Self-insured Retentions

D. Other Insurance Provisions

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

Attachment F
Atty. Rev. 2025

1. The City, its officers, officials, employees and volunteers are to be covered as addition al insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the 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).

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.

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

G. Special Risks or Circumstances

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

Attachment F
Atty. Rev. 2025

EXHIBIT D

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND PRECONSTRUCTION PHASES OF

CONSTRUCTION, AND INSTALLATIONS

The terms of this Exhibit 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 repa ir 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, "inst allation" 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 subco ntractors shall comply with all applicable State prevailing wage laws, whether included in this agreement or inadvertently omitted, including but not limited to the requirements listed below:

1. Compliance with Prevailing Wage Requirements. Pursuant to California Labor Code sections 1720 through 1861, the CONTRACTOR and all subcontractors shall ensure that all workers who perform work under this Agreement are paid not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations (DIR). This includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including but not limited to inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the post - construction phases of construction, including but not limited to all cleanup work at the jobsite.

1.1. Copies of such prevailing rate of per diem wages are on file at th e 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 publishe d wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on 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 Attachment F
Atty. Rev. 2025

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 1 776. 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.

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 wo rked in excess of 8 hours per day are compensated at not less than 1½ times the basic rate of pay; and (ii) specify penalties to be imposed on CONTRACTORs and subcontractors of $25 per worker per day for each day the worker works more than 8 hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.

“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.”

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 C alifornia 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 section s 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.

Attachment G
Atty. Rev. 2025

AGREEMENT FOR SERVICES

This Agreement is made on July 7, by and between Trihydro, a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City does not have available employees to perform the services for the Project; and WHEREAS, City ha s 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 until 11:59 p.m. on June 30, 2028, beginning on the date first written above. This contract may be extended by mutual consent of the parti es. This contract may be terminated for bre ach 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 dete rmine the method, details and means of providing on-call construction stormwater inspection services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.

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

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

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

2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.

2.07. 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 additiona l 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.

3.04. 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, an d judgments, associated investigation and administrative Attachment G
Atty. Rev. 2025

4. Miscellaneous

4.01. Notices. All communication relating to the day -to-day activities of this Agreement shall be exchanged betwee n 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: To Contractor:

City of Santa Maria – Department of Public Works Trihydro Attn: Yoselyn Moreno Attn: Margaret Caligaris 110 S. Pine Street, Suite 221 142 Cross Street, Suite 200 Santa Maria, CA 93458 San Luis Obispo, CA 93401

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

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

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

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

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

determined and specified are referred to and made a part hereof as though fully set forth herein. Further requirements are attached as Exhibit D.

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

CONTRACTOR CITY OF SANTA MARIA

___________________ ____________________
By: Ercan Candan By: Brett Fulgoni
Project Director Director of Public Works

APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment G
Atty. Rev. 2025

EXHIBIT A

Attachment G
Atty. Rev. 2025

EXHIBIT B

PAYMENT

I. Progress Authorization

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

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

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

II. Invoice procedure.

A. Payment shall be monthly based on the billable charges.

B. The Contractor shall present the bill for charges from the previous 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.

D. City may withhold payment for disputed work. Payment of fees shall not constitute an acceptance of work.

III. Rates shall be billed according to Contractor’s attached fee schedule, up to the not-to-exceed amount. Work Authorized by Change Order/Amendment shall be billed at on a time and materials basis according to the attached f ee schedule, unless another payment method is agreed to in writing by the City prior to initiation of work.

IV. If Contractor’s response to the City’s RFP or RFQ is attached to this agreement, all terms other than those concerning the Contractor’s billing rates and scope of work are null and void.

Attachment G
Atty. Rev. 2025

EXHIBIT C

INSURANCE REQUIREMENTS

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

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

3. Workers’ Compensation: Statutory limits.

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

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

C. Self-insured Retentions

D. Other Insurance Provisions

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

Attachment G
Atty. Rev. 2025

1. The City, its officers, officials, employees and volunteers are to be covered as addition al insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the 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).

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.

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

G. Special Risks or Circumstances

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

Attachment G
Atty. Rev. 2025

EXHIBIT D

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND PRECONSTRUCTION PHASES OF

CONSTRUCTION, AND INSTALLATIONS

The terms of this Exhibit 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 repa ir 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, "inst allation" 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 subco ntractors shall comply with all applicable State prevailing wage laws, whether included in this agreement or inadvertently omitted, including but not limited to the requirements listed below:

1. Compliance with Prevailing Wage Requirements. Pursuant to California Labor Code sections 1720 through 1861, the CONTRACTOR and all subcontractors shall ensure that all workers who perform work under this Agreement are paid not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations (DIR). This includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including but not limited to inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the post - construction phases of construction, including but not limited to all cleanup work at the jobsite.

1.1. Copies of such prevailing rate of per diem wages are on file at th e 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 publishe d wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on 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 Attachment G
Atty. Rev. 2025

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 1 776. 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.

“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.”

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 CONTRACTO R 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.

Attachment G
Atty. Rev. 2025

AGREEMENT FOR SERVICES

This Agreement is made on July 7 , by and between Wallace Group , a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City 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 until 11:59 p.m. on June 30, 2028, beginning on the date first written above. This contract may be extended by mutual consent of the parti es. This contract may be terminated f or 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.

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

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

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

2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.

2.07. 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 additiona l 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.

3.04. 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, an d judgments, associated investigation and administrative Attachment G
Atty. Rev. 2025

4. Miscellaneous

4.01. Notices. All communication relating to the day -to-day activities of this Agreement shall be exchanged betwee n 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: To Contractor:

City of Santa Maria – Department of Public Works Wallace Group Attn: Yoselyn Moreno Attn: Jorge Aguilar
110 S. Pine Street, Suite 221 612 Clarion Court Santa Maria, CA 93458 San Luis Obispo, CA 93401

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

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

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

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

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

determined and specified are referred to and made a part hereof as though fully set forth herein. Further requirements are attached as Exhibit D.

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

CONTRACTOR CITY OF SANTA MARIA

___________________ ____________________
By: Jorge Aguilar By: Brett Fulgoni
Principal Director of Public Works

APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment G
Atty. Rev. 2025

EXHIBIT A

Attachment G
Atty. Rev. 2025

EXHIBIT B

PAYMENT

I. Progress Authorization

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

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

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

II. Invoice procedure.

A. Payment shall be monthly based on the billable charges.

B. The Contractor shall present the bill for charges from the previous 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.

D. City may withhold payment for disputed work. Payment of fees shall not constitute an acceptance of work.

III. Rates shall be billed according to Contractor’s attached fee schedule, up to the not-to-exceed amount. Work Authorized by Change Order/Amendment shall be billed at on a time and materials basis according to the attached f ee schedule, unless another payment method is agreed to in writing by the City prior to initiation of work.

IV. If Contractor’s response to the City’s RFP or RFQ is attached to this agreement, all terms other than those concerning the Contractor’s billing rates and scope of work are null and void.

Attachment G
Atty. Rev. 2025

EXHIBIT C

INSURANCE REQUIREMENTS

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

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

3. Workers’ Compensation: Statutory limits.

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

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

C. Self-insured Retentions

D. Other Insurance Provisions

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

Attachment G
Atty. Rev. 2025

1. The City, its officers, officials, employees and volunteers are to be covered as addition al insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the 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).

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.

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

G. Special Risks or Circumstances

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

Attachment G
Atty. Rev. 2025

EXHIBIT D

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND PRECONSTRUCTION PHASES OF

CONSTRUCTION, AND INSTALLATIONS

The terms of this Exhibit 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 repa ir 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, "inst allation" 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 maintenan ce 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 Sta te 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, t he CONTRACTOR and all subcontractors shall ensure that all workers who perform work under this Agreement are paid not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations (DIR). This includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including but not limited to inspection and land surveying work, regardless of whether any further construction work is co nducted, 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 availab le 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 CON TRACTOR 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.

Agreement on the date following the expiration date o f 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.

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 CO NTRACTOR 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.

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 wo rked in excess of 8 hours per day are compensated at not less than 1½ times the basic rate of pay; and (ii) specify penalties to be imposed on CONTRACTORs and subcontractors of $25 per worker per day for each day the worker works more than 8 hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.

“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.”

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 C alifornia 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 section s 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.

COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Brett Fulgoni, Director of Public Works

DATE: July 7, 2026

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

Description:

The City Council will consider adopting Resolutions approving the award of On -Call Geotechnical Engineering and Materials Testing Services Agreements to Achievement Engineering Corp., Earth Systems Pacific, and ENGEO Incorporated.

RECOMMENDATION:

1. Adopt a Resolution awarding a Professional Services Agreement to Achievement Engineering Corp. for On -Call Geotechnical Engineering and Materials Testing Services with an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not -to-exceed amount of $2,000,000 for the full term of the Agreement; and

2. Adopt a Resolution awarding a Professional Services Agreement to Earth Systems Pacific for On-Call Geotechnical Engineering and Materials Testing Services with an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement; and

3. Adopt a Resolution awarding a Professional Services Agreement to ENGEO Incorporated for On-Call Geotechnical Engineering and Materials Testing Services with an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not -to-exceed amount of $2,000,000 for the full term of the Agreement; and

4. Authorize the City Manager or designee to execute agreements.

BACKGROUND:

The City owns, operates, and maintains municipal infrastructure, structures, and facilities throughout the city. The City has active and pending projects that require technical assistance from Geotechnical Engineering firms. While the City employs Civil Engineers on staff, the City does not have a Geotechnical Engineers on staff or is able to perform 2 materials testing and mu st hire outside consultants for these services. Having on -call consultants that can provide these services will allow the City to deliver these projects in a timely manner.

DISCUSSION:

On May 26, 2026, a Request for Proposal (RFP) was issued and advertis ed through the City’s e-Procurement Portal, PlanetBids. A total of five proposals were received on June 10, 2026.

Firm, Location
Achievement Engineering Corp., San Jose, CA
Earth Systems Pacific, Santa Maria, CA
ENGEO Incorporated, Santa Maria, CA

The proposed Professional Services Agreements would be managed by the Engineering Division, and Geotechnical Engineering and Materials Testing services would also be made available to use Departments for funded projects.

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

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

Fiscal Considerations
Fees for Geotechnical Engineering and Materials Testing Services will be based on a project-by-project and basis directly charged to individual project budgets. Each project is separately approved and budgeted by City Counc il. The City is under no obligation to expend any funds under these Professional Services Agreements.

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

A. Resolution - Achievement Engineering Corp.

B. Resolution - Earth Systems Pacific
C. Resolution - ENGEO Incorporated
D. Agreement - Achievement Engineering Corp.

E. Agreement - Earth Systems Pacific
F. Agreement - ENGEO Incorporated

Attachment A

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING A PROFESSIONAL SERVICES AGREEMENT TO
ACHIEVEMENT ENGINEERING CORP. FOR ON-CALL

GEOTECHNICAL ENGINEERING AND MATERIALS TESTING

SERVICES WITH AN AGGREGATE NOT-TO-EXCEED FEE OF
$1,000,000 PER FISCAL YEAR (JULY 1 THROUGH JUNE 30),

AND A TOTAL AGGREGATE NOT-TO-EXCEED AMOUNT OF
$2,000,000 FOR THE FULL TERM OF THE AGREEMENT

WHEREAS, the need exists for the City to obtain professional Geotechnical Engineering and Materials Testing to support municipal improvement projects; and

WHEREAS, on May 26, 2026, the City issued a Request for Proposal (RFP) for On-Call Geotechnical Engineering and Materials Testing Professional Services for projects within the City and notified firms that specialize in this work, including those firms who had expressed interest, as well as those who had previously completed work for the City; and

WHEREAS, on June 10, 2026, the City received five proposals from firms that perform this work; and,

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

WHEREAS, following deliberations, the selection committee determined that Achievement Engineering Corp. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed On -Call Geotechnical Engineering and Materials Testing services; and

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

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

SECTION 1. Authorize City Manager or designee to approve and execute, on behalf of the City, a Professional Services Agreement with Achievement Engineering Corp., for an aggregate not -to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not -to-exceed amount of $2,000,000 for the full term of the Agreement for On-Call Construction Stormwater Inspection Services; and

Attachment A

Page 2 of 2 ends

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 7th day of July 2026.

ATTEST:

Chief Deputy City Clerk

Mayor

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

Attachment B

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING A PROFESSIONAL SERVICES AGREEMENT TO

EARTH SYSTEMS PACIFIC FOR ON-CALL GEOTECHNICAL

ENGINEERING AND MATERIALS TESTING SERVICES WITH AN
AGGREGATE NOT-TO-EXCEED FEE OF $1,000,000 PER
FISCAL YEAR (JULY 1 THROUGH JUNE 30), AND A TOTAL
AGGREGATE NOT-TO-EXCEED AMOUNT OF $2,000,000 FOR

THE FULL TERM OF THE AGREEMENT

WHEREAS, the need exists for the City to obtain professional Geotechnical Engineering and Materials Testing to support municipal improvement projects; and

WHEREAS, on June 10, 2026, the City received five proposals from firms that perform this work; and,

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

WHEREAS, following deliberations, the selection committee determined that Earth Systems Pacific satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed On-Call Geotechnical Engineering and Materials Testing services; and

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

SECTION 1. Authorize City Manager or designee to approve and execute, on behalf of the City, a Professional Services Agreement with Earth Systems Pacific, for an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement for On-Call Construction Stormwater Inspection Services; and

Attachment B

Page 2 of 2 ends

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 7th day of July 2026.

ATTEST:

Chief Deputy City Clerk

Mayor

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

Attachment C

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING A PROFESSIONAL SERVICES AGREEMENT TO

ENGEO INCORPORATED FOR ON-CALL GEOTECHNICAL

ENGINEERING AND MATERIALS TESTING SERVICES WITH AN
AGGREGATE NOT-TO-EXCEED FEE OF $1,000,000 PER
FISCAL YEAR (JULY 1 THROUGH JUNE 30), AND A TOTAL
AGGREGATE NOT-TO-EXCEED AMOUNT OF $2,000,000 FOR

THE FULL TERM OF THE AGREEMENT

WHEREAS, the need exists for the City to obtain professional Geotechnical Engineering and Materials Testing to support municipal improvement projects; and

WHEREAS, on June 10, 2026, the City received five proposals from firms that perform this work; and,

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

WHEREAS, following deliberations, the selection committee determined that ENGEO Incorporated satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed On -Call Geotechnical Engineering and Materials Testing services; and

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

SECTION 1. Authorize City Manager or designee to approve and execute, on behalf of the City, a Professional Services Agreement with ENGEO Incorporated, for an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through Jun e 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement for On-Call Construction Stormwater Inspection Services; and

Attachment C

Page 2 of 2 ends

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 7th day of July 2026.

ATTEST:

Chief Deputy City Clerk

Mayor

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

Attachment D
Atty. Rev. 2025

AGREEMENT FOR SERVICES

This Agreement is made on July 7, 2026, by and between Achievement Engineering Corp., a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.02. Services to be Performed. Contractor shall determine the method, details and means of providing on-call geotechnical engineering and materials testing services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.

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

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

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

2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.

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

3. Contractor’s Obligations.

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

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 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.

4. Miscellaneous

To City: To Contractor:

City of Santa Maria – Department of Public Works Achievement Engineering Corp.

Attn: Yoselyn Moreno Attn: Josh Fournier
110 S. Pine Street, Suite 221 2311 Skyway Dr., Unit 11 Santa Maria, CA 93458 Santa Maria CA, 93454

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

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

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

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

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

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. Further requirements are attached as Exhibit D.

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

CONTRACTOR CITY OF SANTA MARIA

___________________ ____________________
By: Arash Firouzjaei By: Brett Fulgoni
President Public Works Director

APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment D
Atty. Rev. 2025

EXHIBIT A

SCOPE OF WORK

Typical Services Required

The required services and abilities required to successfully perform geotechnical engineering and testing services on the project types listed above include but are not limited to:
 Constructability Review and Plan Check
 Understanding and application of standard details and specifications from:
o City of Santa Maria
o Caltrans
o Greenbook
o APWA
o AWWA
o County of Santa Barbara
 Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects.  Best Management Practices
 Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
 Understanding of environmental regulations relevant to construction activities.  Contractor is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
 Contractor and its sub-contractors shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State, and local laws.

The Contractor will be expected to provide written reports, technical memorandums, calculations, and other documentation as necessary, and provide engineering and field support during construction activities. The Contractor shall provide geotechnical engineering support services including, but not limited to the following:

 Geotechnical engineering investigations
 Geotechnical feasibility studies
 Failure investigations of foundations, retaining walls, slopes, and pavement  Engineering analysis of settlement-reduction methods
 Geologic evaluations, slope stability studies, and fault location studies  Development of criteria for earth retention structures  Groundwater monitoring and sampling
 Laboratory analysis of soil and groundwater samples
 Monitoring well installation and development
 Geophysical exploration
 Liquefaction and seismicity studies
 Seismic refraction/rippability studies
 Document and drawing review
 Field inspections and data collection
 Cost estimating
Attachment D
Atty. Rev. 2025

 Meeting attendance
 Design calculations and/or calculation review
 Design drawings or details
 Design requirements or recommendations
 Coordination with other contractors

The field and laboratory data will be expected to be reviewed by a Registered Geotechnical Engineer, and evaluated with respect to development of geotechnical criteria for site preparation, grading, utility trenches, foundations, slabs-on-grade and exterior pedestrian flatwork, retaining walls, pavement sections, drainage around improvements, and observation and testing. The following items will be addressed:

 Soil and groundwater conditions encountered
 Preparation of the building area prior to construction  Grading criteria
 Types and depths of foundations
 Slab-on-grade design criteria
 Maximum allowable bearing capacities
 California Building Code (CBC) seismic criteria for use in foundation design  Liquefaction potential
 Estimated total and differential settlement
 Resistance to lateral loads
 Retaining wall design criteria
 Pavement design criteria
 Drainage around improvements
 Observation and testing

During construction, contractor may be asked to provide construction observation, special inspection, and materials testing. These may include, but limited to the following:

 Geotechnical observation and field testing of soils
 Geotechnical certification of grading
 Geotechnical inspection of deep foundation systems
 Reinforced concrete special inspection
 Post-tensioned concrete special inspection
 Masonry special inspection
 Asphalt concrete placement inspection
 Spray-applied fireproofing special inspection and testing  Shop and field welding special inspection
 Special inspection of high strength bolting and shear studs  Shotcrete special inspection
 Inspection of shot pins and expansion anchors
 Inspection of reflected ceiling bracing and support
 DR-Meter (pachometer) testing of reinforced masonry and concrete  Mobile asphalt laboratory testing
 Welder certification
Attachment D
Atty. Rev. 2025

 Concrete sampling and testing, including slump, air content, casting test cylinders, and compression testing
 Masonry sampling and testing, including block units, prisms, block shrinkage, mortar strength, grout strength and cores of completed
 Shotcrete sampling and testing, including slump, casting test panels, and compression testing  Sampling and testing of reinforcing steel, torque testing, bolt tension testing, bolt torque testing  Asphalt, concrete, and grout mix designs and review of contractor submittals

Soil samples will be tested in the laboratory to determine various engineering properties. The following types of tests are anticipated:

 Unit weight and moisture
 Expansion index
 Maximum density vs. optimum moisture
 Angle of internal friction and cohesion
 One dimensional consolidation
 R-value
Attachment D
Atty. Rev. 2025

EXHIBIT B

PAYMENT

I. Progress Authorization

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

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

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

The aggregate not -to-exceed f ee for all tasks provided under this Agreement shall be $1,000,000 per fiscal year (July 1 through June 30), with a total aggregate not -to-exceed amount of $2,000,000 for the full two -year term.

II. Invoice procedure.

A. Payment shall be monthly based on the billable charges.

B. The Contractor shall present the bill for charges from the previous 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.

D. City may withhold payment for disputed work. Payment of fees shall not constitute an acceptance of work.

III. Rates shall be billed according to Contractor’s attached fee schedule, up to the not-to- exceed amount. Work Authorized by Change Order/Amendment shall be billed at on a time and materials basis according to the attached fee schedule, unless another payment method is agreed to in writing by the City prior to initiation of work.

IV. If Contractor’s response to the City’s RFP or RFQ is attached to this agreement, all terms other than those concerning the Contractor’s billing rates and scope of work are null and void.

Attachment D
Atty. Rev. 2025

EXHIBIT C

INSURANCE REQUIREMENTS

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

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

3. Workers’ Compensation: Statutory limits.

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

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

C. Self-insured Retentions

D. Other Insurance Provisions

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

Attachment D
Atty. Rev. 2025

1. The City, its officers, officials, employees and volunteers are to be covered as addition al insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the 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).

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 n otices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of thi s Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.

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

G. Special Risks or Circumstances

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

Attachment D
Atty. Rev. 2025

EXHIBIT D

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND PRECONSTRUCTION PHASES OF

CONSTRUCTION, AND INSTALLATIONS

The terms of this Exhibit apply to all Public Works projects for over $1,000.

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.

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).

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 employees.

By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:

directed by the DIR, pursuant to California Labor Code section 1727.

Attachment E
Atty. Rev. 2025

AGREEMENT FOR SERVICES

This Agreement is made on July 7, 2026, by and between Earth Systems Pacific, a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

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

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

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

2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.

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

3. Contractor’s Obligations.

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

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

To City: To Contractor:

City of Santa Maria – Department of Public Works Earth Systems Pacific Attn: Yoselyn Moreno Attn: Robert Down
110 S. Pine Street, Suite 221 2049 Preisker Lane, Suite E Santa Maria, CA 93458 Santa Maria, CA 93454

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

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

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

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

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

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

CONTRACTOR CITY OF SANTA MARIA

___________________ ____________________
By: Robert Down By: Brett Fulgoni
Senior Vice President Public Works Director

APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment E
Atty. Rev. 2025

EXHIBIT A

SCOPE OF WORK

Typical Services Required

 Meeting attendance
 Design calculations and/or calculation review
 Design drawings or details
 Design requirements or recommendations
 Coordination with other contractors

During construction, contractor may be asked to provide construction observation, special inspection, and materials testing. These may include, but limited to the following:

Soil samples will be tested in the laboratory to determine various engineering properties. The following types of tests are anticipated:

EXHIBIT B

PAYMENT

I. Progress Authorization

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

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

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

The aggregate not -to-exceed f ee for all tasks provided under this Agreement shall be $1,000,000 per fiscal year (July 1 through June 30), with a total aggregate not -to-exceed amount of $2,000,000 for the full two -year term.

II. Invoice procedure.

A. Payment shall be monthly based on the billable charges.

B. The Contractor shall present the bill for charges from the previous 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.

D. City may withhold payment for disputed work. Payment of fees shall not constitute an acceptance of work.

III. Rates shall be billed according to Contractor’s attached fee schedule, up to the not-to- exceed amount. Work Authorized by Change Order/Amendment shall be billed at on a time and materials basis according to the attached fee schedule, unless another payment method is agreed to in writing by the City prior to initiation of work.

IV. If Contractor’s response to the City’s RFP or RFQ is attached to this agreement, all terms other than those concerning the Contractor’s billing rates and scope of work are null and void.

Attachment E
Atty. Rev. 2025

EXHIBIT C

INSURANCE REQUIREMENTS

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

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

3. Workers’ Compensation: Statutory limits.

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

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

C. Self-insured Retentions

D. Other Insurance Provisions

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

Attachment E
Atty. Rev. 2025

1. The City, its officers, officials, employees and volunteers are to be covered as addition al insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the 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).

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.

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

G. Special Risks or Circumstances

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

Attachment E
Atty. Rev. 2025

EXHIBIT D

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND PRECONSTRUCTION PHASES OF

CONSTRUCTION, AND INSTALLATIONS

The terms of this Exhibit apply to all Public Works projects for over $1,000.

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).

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 employees.

By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:

directed by the DIR, pursuant to California Labor Code section 1727.

Attachment F
Atty. Rev. 2025

AGREEMENT FOR SERVICES

This Agreement is made on July 7, 2026, by and between ENGEO Incorporated, a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

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

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

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

2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.

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

3. Contractor’s Obligations.

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

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

To City: To Contractor:

City of Santa Maria – Department of Public Works ENGEO Incorporated Attn: Yoselyn Moreno Attn: Randy Hildebrant 110 S. Pine Street, Suite 221 2646 Santa Maria Way, Suite 107 Santa Maria, CA 93458 Santa Maria, CA 93455

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

4.04. 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.

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

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

CONTRACTOR CITY OF SANTA MARIA

___________________ ____________________
By: Joe Tootle By: Brett Fulgoni
Principal Public Works Director

APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment F
Atty. Rev. 2025

EXHIBIT A

SCOPE OF WORK

Typical Services Required

 Meeting attendance
 Design calculations and/or calculation review
 Design drawings or details
 Design requirements or recommendations
 Coordination with other contractors

During construction, contractor may be asked to provide construction observation, special inspection, and materials testing. These may include, but limited to the following:

Soil samples will be tested in the laboratory to determine various engineering properties. The following types of tests are anticipated:

EXHIBIT B

PAYMENT

I. Progress Authorization

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

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

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

The aggregate not -to-exceed f ee for all tasks provided under this Agreement shall be $1,000,000 per fiscal year (July 1 through June 30), with a total aggregate not -to-exceed amount of $2,000,000 for the full two -year term.

II. Invoice procedure.

A. Payment shall be monthly based on the billable charges.

B. The Contractor shall present the bill for charges from the previous 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.

D. City may withhold payment for disputed work. Payment of fees shall not constitute an acceptance of work.

III. Rates shall be billed according to Contractor’s attached fee schedule, up to the not-to- exceed amount. Work Authorized by Change Order/Amendment shall be billed at on a time and materials basis according to the attached fee schedule, unless another payment method is agreed to in writing by the City prior to initiation of work.

IV. If Contractor’s response to the City’s RFP or RFQ is attached to this agreement, all terms other than those concerning the Contractor’s billing rates and scope of work are null and void.

Attachment F
Atty. Rev. 2025

EXHIBIT C

INSURANCE REQUIREMENTS

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

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

3. Workers’ Compensation: Statutory limits.

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

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

C. Self-insured Retentions

D. Other Insurance Provisions

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

Attachment F
Atty. Rev. 2025

1. The City, its officers, officials, employees and volunteers are to be covered as addition al insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the 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).

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.

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

G. Special Risks or Circumstances

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

Attachment F
Atty. Rev. 2025

EXHIBIT D

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND PRECONSTRUCTION PHASES OF

CONSTRUCTION, AND INSTALLATIONS

The terms of this Exhibit apply to all Public Works projects for over $1,000.

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).

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 employees.

By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:

directed by the DIR, pursuant to California Labor Code section 1727.

COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Michelle Ruiz, Interim Director of Utilities

DATE: July 7, 2026

SUBJECT: Adoption of a Resolution Retroactively Approving Amendments to Agreement with Water Systems Consulting, Inc. for Hydraulic Model Updates

Description:

The City Council will consider adopting a Resolution retroactively approving an agreement for professional services and subsequent amendments with Water Systems Consulting, Inc. for hydraulic model updates.

RECOMMENDATION:

1. Adopt a Resolution retroactively approving a mendments to Professional Services Agreement with Water Systems Consulting, Inc. for Hydraulic Model Updates; and

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

BACKGROUND:

The City of Santa Maria (City) entered into an agreement with Water Systems Consulting, Inc. (WSC) on June 26, 2023 , concerning hydraulic model updates (Agreement - Attachment B). That contract was subsequently extended twice, once on June 30, 2024 (Amendment No. 1 - Attachment C) and again on February 24, 2025 (Amendment No. 2 - Attachment D), to extend the term of the contract and to authorize additional work related to the original scope. The term of the contract is further proposed to be extended to December 31, 2026 (Amendment No. 3 - Attachment E).

The work performed includes updating the City’s water and sewer hydraulic models using the most current geographic information system (GIS) data, water consumption records, wastewater influent flow data, and field monitoring. This update work was required on a compressed schedule to support the analyses for the City’s General Plan Update.

Because WSC developed and maintained the City’s original hydraulic models, their continued involvement was cost-effective and ensured consistency, allowing the City to meet the necessary timelines without delay.

2 DISCUSSION:

Although the agreement received administrative approval from the City Manager, Finance Director, and City Attorney, the total cost exceeds the purchasing threshold permitted for administrative award. Timely authorization is important because the hydraulic model updates were required on an accelerated schedule to meet deadlines associated with the City’s General Plan Update.

WSC originally devel oped the City’s water and sewer hydraulic models and has maintained them since, making them uniquely positioned to perform the updates efficiently and without disrupting established methodologies. Their continued involvement ensured the work could proceed without delay, supporting the City’s broader planning timelines.

At the request of the Finance Department, the agreement is being presented to the City Council for retroactive approval to ensure full compliance with the City’s purchasing guidelines.

Alternative(s)
None.

Fiscal Considerations
The total contract cost is approximately $239,000, funded by the Water and Wastewater Enterprise Funds.

Impact on the Community
The updated hydraulic models provide essential data for the City’s General Plan Update, ensuring future growth is supported by reliable water and wastewater infrastructure.

Keeping these models current helps the City plan responsibly for housing, economic development, and long‑ term community needs.

ATTACHMENT(S)
A. Resolution
B. WSC Agreement dated 6/26/23 Signed
C. WSC Amendment No. 1 dated 6/30/24 Signed
D. WSC Amendment No. 2 dated 2/24/25 Signed
E. WSC Amendment No. 3 dated 12/31/25 Proposed
Attachment A

Page 1 of 2 ends

Santa Maria City CouncilJuly 7, 2026

Santa Maria City Council
July 7, 2026