20 City of Santa Maria
Tire -Related Services
SECTION 1 - INSTRUCTIONS AND
CONDITIONS
21 City of Santa Maria
Tire -Related Services
1.1 Project Description
The City of Santa Maria ("City") is currently seeking proposals from qualified contractors ("Proposer" or "Contractor") to provide Tire -Related Services for City vehicles and equipment. The anticipated tasks are included within the scope of services described in this section.
1. Responsibilities — Proposers should provide all necessary labor, equipment, tires, and tools associated with vehicles throughout the City, in accordance with all terms and conditions of this Request for Proposals (RFP). Proposers will not subcontract.
2. Roadside Assistance — Ensuring safety and protection alongside roads is essential to City operations and helps vehicles get back on the road. Proposer would be able to provide immediate help to City employees when a vehicle has a tire -related issue, offering services such as the following:
• Flat tire changes
• Tire issue support (coordination and transport)
• Tire assistance to off -road vehicles
3. Tire Services — Properly functioning tires aid City productivity, especially for vehicles utilized on a regular basis. Proposers should provide inspections, rotations, balancing, mounting, dismounting, and replacement of tires to keep them in optimal condition. Other services include, but are not limited to, the following:
• Tire repair
i. Patching
ii. Sealing
iii. Plugging
iv. Bead repairs
• Tire inflation or deflation for large vehicles or specific needs • On -site mobile tire services
4. 24/7 Availability — Availability of tire service Contractors is essential to ensure driver safety and convenience, especially during unexpected emergencies on the road. Flat tires, blowouts, or other tire -related issues can happen at any time —day or night —and having access to round-the-clock service is crucial.
Contractor should offer on -site assistance, including tire repair, replacement, and inflation, reducing the need for towing or long delays. Prompt responses not only minimize vehicle downtime but also provide peace of mind to drivers, who will know they are never stranded without support.
5. Communication — Effective communication is crucial in tire services and roadside assistance, as it ensures that help is delivered quickly and accurately 5 22
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to those in need. Clear communication between the Contractor and the driver helps pinpoint the issue, location, and necessary tools or parts before arrival, reducing wait times and improving service efficiency. It also builds trust, allowing drivers to feel confident that their concerns are understood and being addressed. Whether through phone calls, apps, or GPS tracking, strong communication enhances coordination, minimizes errors, and leads to faster, more reliable roadside support. Some examples of communication as it relates to these services are given below:
• Dispatching services
i. Hotline
ii. Mobile app
• Real-time updates on service requests (via phone call / text / email) i. Estimated time of arrival
ii. Service status
iii. Completed jobs
6. Equipment and Essentials — The right equipment is essential for safety, efficiency, and reliability. Key tools include hydraulic jacks and impact wrenches to safely lift vehicles and remove lug nuts, air compressors to inflate tires, and tire repair kits to patch punctures on the spot. Mobile diagnostic tools are also vital for broader roadside support. Additionally, service vehicles are typically equipped with spare tires, torque wrenches, lighting for nighttime work, and safety gear, such as cones and reflective vests, to ensure both the technician and the driver remain safe during roadside operations. The Contractor's vehicles that report to the City's needs should contain all necessary items/tools.
1.2 Information
If your company is interested and qualified, please submit an electronic copy of your proposal through PlanetBids and one (1) hard copy of your fee schedule in a sealed envelope to:
City of Santa Maria
Public Works Fleet Services
ATTN: David Giesmann, Fleet Services Supervisor
810 W. Church St.
Santa Maria, CA 93458
Proposals must be submitted by 5:00 p.m. on April 17, 2026, and may not exceed a total of 30 pages single -sided or 15 pages double -sided, including the cover letter and staff resumes. The fee proposal shall be considered a separate submittal.
Unless otherwise directed, all communications regarding this RFP should be directed to David Giesmann, Fleet Services Supervisor, via email at diesmann(u7citvofsantamaria.ore
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1.3 Important Notice
The City will not be responsible for oral interpretations given by any City employee, representative, or others. Proposers are cautioned that any statements made that materially change any portion of the proposal documents shall not be relied upon unless subsequently ratified by a formal written amendment to the proposal document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued, the City will attempt to notify all prospective contractors. However, it will be the responsibility of each prospective Supplier, prior to submitting its proposal, to contact David Giesmann, Fleet Services Supervisor, City of Santa Maria, 810 W. Church St, Santa Maria, CA 93458, (805) 925-0951 ext. 2169, to determine whether addenda were issued and to make such addenda a part of its proposal.
1.4 Definitions
1. "Agency" refers to the City of Santa Maria, an agency established under the laws of the State of California.
2. "Days" refers to the working days of the City when used in context with Agency's bid protest procedures.
3. The terms "file" and "submit" refer to the date of receipt by Agency.
4. "Interested party" includes all bidders on the contract or procurement. The term may also include a subcontractor or vendor at any tier that shows it has a substantial economic interest in a provision of the RFP or of the interpretation of such a provision.
5. "Local" as used herein refers to the City of Santa Maria and the State of California. When used in conjunction with the phrase "laws and regulations," it is construed to mean only those laws or regulations associated with the provision of public mass transportation and the use of public funds. It is not construed to include the purchasing and/or protest procedures used by either of the aforementioned entities.
6. "Request for Proposal" as used herein also includes the term "offer" or "RFP" as used in the context of negotiated procurements.
7. "Administrator" or "Manager" as used herein refers to the project manager of the City.
1.5 Contracting Agency
The City will administer the contract resulting from this RFP. 24 City of Santa Maria
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1.6 Legal Responsibilities
All proposals must be submitted, filed, made, and executed in accordance with State of California and federal laws relating to proposals for contracts of this nature, whether the same or expressly referred to herein or not.
1.7 Business Tax Certificate
Possession of a City of Santa Maria Business Tax Certificate is not required to submit a proposal in response to this invitation. However, Contractor shall be required to possess, at its own expense, a valid and current City of Santa Maria Business License prior to commencing work. For additional information, contact the City at (805) 925-0951 ext. 2422.
1.8 Withdrawal of Proposals
Any proposal may be withdrawn at any time prior to the time fixed in the public notice for the receipt of proposals only by written request filed with the City Project Manager. The request shall be executed by the offeror or their duly authorized representative. The withdrawal of a proposal does not prejudice the right of the offeror to file a new proposal. No proposal may be withdrawn after the time fixed in the public notice for the receipt of proposals.
1.9 Rejection of Proposals
Failure to meet the requirements of the RFP will be cause for rejection of the proposal. The City may reject the proposal if it is incomplete, contains irregularities of any kind, or is offered conditionally. The City reserves the right to reject any and all proposals without cause.
The proposal is to be prepared in such a way as to provide a straightforward, concise delineation of the information requested. Proposals which contain false or misleading statements, or which do not support an attribute or condition claimed by the Proposer, may be rejected. If, in the sole opinion of the City, such information was intended to mislead the City in its evaluation of the proposal, it will be cause for rejection of the proposal.
1.10 Evaluation
Evaluation and selection of the statement of qualifications will be based on the qualifications and evaluation criteria outlined in the RFP request. Brochures or other promotional presentations beyond those which are deemed sufficient to submit a complete and effective proposal are not desired. Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary and will not affect the evaluation process.
The City reserves the right to make the selection of a Proposer based on any or all factors of value, whether quantitatively identifiable or not, including —but not 8 25
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limited to —the anticipated initiative and ability of the Proposer to perform the services set forth herein.
The City reserves the right to reject any or all statements of qualifications; to waive any requirements, both the City's and those proposed by the Proposer; to waive any irregularities or informalities in any proposal or the RFP process when it is in the best interest of the City to do so; to negotiate for the modification of any proposal with mutual consent of the Proposer; to re -advertise for RFP proposals, if desired; to sit and act as sole judge of the merit and qualifications of the service offered; and to evaluate in its absolute discretion the proposal of each Proposer so as to select the Proposer which best serves the requirements of the City, thus providing that the best interest of the City will be served. The Proposer's past performance and the City's assurance that each Proposer will provide the service as proposed will be taken into consideration when statements of qualification are being evaluated.
The City may make such investigation as it deems necessary to determine the ability of a Proposer to furnish the required services, and the Proposer will furnish to the City all such information and data for this purpose as the City may request.
The City reserves the right to reject any proposal if the evidence submitted by or the investigation of such Proposer fails to satisfy the City that such Proposer is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein or the service of any contractor who has previously failed to perform properly, or complete on time, contracts of a similar nature. Any material misrepresentation or material falsification of information provided to the City in the Proposer's submission or at any point in the evaluation process, including any interview conducted, is grounds for rejection of the proposal. In the event that the misrepresentation or falsification is not discovered until after any agreement is awarded, the agreement may be terminated at that time. A determination as to whether a misrepresentation or falsification of the submission is material shall be made solely in the exercise of the City's sole discretion. The City expressly reserves the right to reject the proposal of any contractor that is in default on the payment of taxes, licenses, or other monies due to the City.
The City reserves the right to conduct a background inquiry of each Proposer, which may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories, and reputation in the business community. By submitting a statement of qualifications to the City, the Proposer consents to such an inquiry and agrees to make available to the City such books and records as the City deems necessary to conduct the inquiry.
1.11 Pricing Guidelines
Proposers shall provide proposed fees and cost information in a sealed envelope as a part of this RFP. Fee schedules submitted in response to this RFP shall identify hourly rates and be no higher than the Proposer's standard commercial 9 26
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rates for same services. Fees submitted may be used as a basis for negotiation with the successful contractor.
1.12 Proprietary Information
The proposals received shall become the property of the City and are subject to public disclosure. Proposers are to indicate any restrictions on the use of data contained in their responses. Those parts of a proposal which are defined by the bidder as business or trade secrets, as that term is defined in California Government Code, Section 6254.7, and are reasonably marked as "Trade Secrets," "Confidential," or "Proprietary" shall only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law. Proposers that indiscriminately and without justification identify most or all of their proposal as exempt from disclosure may be deemed non- responsive.
1.13 Tentative Selection Schedule
Issuance of RFP March 12, 2026
Question submission deadline 5:00 p.m., April 06, 2026
Submission deadline 5:00 p.m., April 17, 2026
Award of contract effective July 1, 2026
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SECTION 2 - ANCILLARY REQUIREMENTS
Page II
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ANCILLARY REQUIREMENTS
2.1 Restrictions
We are under no obligation to request, utilize, or employ any certain extent or number of services, nor are we restricted, by reason of this contract, from contracting with other vendors providing the same or similar services for the City's incidental needs.
2.2 Pricing Adjustment Clause
Prices proposed are to be the maximum charged for the period of the contract, including any periods in which the contract is extended. However, you may increase the rates set forth herein in proportion to any statutory increases which may be required by federal, state, or local law commencing upon the effective date of such increase, including any increase which may be necessary due to the passage of any federal or state law mandating benefits for employees. These charges include, but are not restricted to, workers' compensation insurance, FICA, SUI, and FUI increases. Such increases will be limited to the amounts or percentages common to the industry in the Santa Maria area and will not be allowed to the extent your experience rating exceeds the industry average for the City area. You will not increase the quoted prices during the term of the contract without request and approval.
Price adjustments for products governed by this agreement (i.e. retread tires) will be limited to the amounts or percentages indicated by the Consumer Price Index for the Los Angeles Area.
Not less than one hundred twenty (120) calendar days prior to the end of each contracted term, the awarded Contractor may request in writing a price escalation and substantiate this request. No increase of any kind will be allowed without advance written consent.
The City reserves the right to either accept or reject in writing the Contractor's request for a price escalation as part of the City's consideration for the contract extension. In the event that the City rejects the Contractor's request for price escalation, the contract shall automatically be extended at the current rates for an additional ninety (90) days beyond the existing termination date.
2.3 Reports
Contractor to provide reports of services by location, outlining billing, current services, and cost analysis upon request.
2.4 Invoicing
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Invoices will be on Net 30 terms and are to be dated with the ending date of service(s). The awarded Contractor will submit an itemized monthly statement referencing the assigned contract number. Invoices must be electronically submitted to the City of Santa Maria Fleet Services Division via email to [email protected]. The City reserves the right to inspect and audit the Contractor's billing procedures and records. It is the responsibility of the Contractor to train all existing and newly hired accounting staff. Monthly itemizations will include, but are not limited to, the following:
• Cost of service
• Location of service
• Frequency of service
• Any additional fees
2.5 Conduct of Employees
While performing work under this contract, employees of the Contractor will not:
• Remove any City property or personal property, equipment, monies, forms, or any other item from their place
• Engage in horseplay or loud boisterous behavior
• Play amplified sound equipment
• Be under the influence of alcohol or drugs
• Smoke
• Open any desk, file cabinet, storage cabinet, or refrigerator • Engage in long conversations with employees or other individuals • Take photographs of the building or its contents
• Remove from location any documents, records, forms, or papers of any kind
• Engage in any activity which is not in the best interest of the City or is otherwise detrimental to the performance of this contract • Be accompanied by any unauthorized personnel at job site (i.e., relatives, friends, guests, or children)
2.6 Discipline or Discharge of Employees
Any Contractor's employees whose employment or performance is objectionable to the City shall be immediately removed from the contract assignment at the request of the City. A request by the City to remove an employee shall not constitute an order to discipline or discharge the employee for the Contractor's employment. All actions taken by the Contractor regarding employee discipline shall be at the sole discretion of the Contractor. The City shall be held harmless in any disputes the Contractor may have with the Contractor's employees. These shall include, but are not limited to, charges of discrimination, harassment, and discharge without just cause.
2.7 Proposal as Public Record
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All proposals, protests, and information submitted in response to this RFP will become the property of the City. As such, they may be subject to public review.
In the event any information is submitted by a Proposer that is deemed confidential or trade secret, it shall include "CONFIDENTIAL, NOT FOR PUBLIC DISCLOSURE" in the title.
However, marking the material shall be considered only a request to keep the information confidential, and the City provides no assurance that the information will not be disclosed if disclosure is required under California law.
1. Any contract arising from this RFP will be a public record.
2. Submission of any materials in response to this RFP constitutes:
i. Consent to provide City discretion to release such materials under the Public Records Act without notice to the person or entity submitting the materials
ii. Waiver of all claims against the City and/or its elected officials, officers, agents, or employees that the City has violated a Proposer's right to privacy, disclosed trade secrets or confidential information, or caused any damage by allowing the proposal or materials provided under this RFP to be inspected
iii. Agreement to indemnify and hold harmless the City for release of such information under the Public Records Act
iv. Acknowledgment that the City may not assert any privileges that may exist on behalf of the person or entity submitting the materials
3. The City reserves the right to withhold any materials otherwise subject to the Public Records Act during the pendency of negotiations of the contract pursuant to Michaelis, Montanari, & Johnson v. The Superior Court of Los Angeles (2006) 38 Cal. 4th 1065.
MANDATORY RESPONSE REQUIREMENTS
Proposals must include the following information, documents, and materials and must be submitted in the following format, including heading descriptions:
2.8 Cover Letter
On your company letterhead, which includes your company's legal name, address, telephone number, and website, explain why you are submitting a proposal and include the information for your primary point of contact.
Responders may use this letter to provide any other overall background information related to their proposal. The cover letter should not exceed one (1) 14 31
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page in length and must be signed by an individual(s) who is/are authorized to contractually bind the Proposer.
2.9 Company Overview
Provide general information about your company, including the following:
• Description of your company and its legal structure
• Number of years in business and any recent mergers or acquisitions • Office locations and geographical markets served
• Names and titles of key leadership and summaries of their experience • Organizational chart and number of employees on company payroll • Years your company has performed, and count of, similar projects
2.10 Work Philosophy
Provide a synopsis (1,000 words or less) of the work philosophy followed by your company when engaged in Tire -Related Services. Explain how that work philosophy may align with the values of the City.
2.11 Qualifications
Provide a detailed description of your company's qualifications and experience in providing Tire -Related Services similar in scope to this project. Describe any awards or recognitions your company has received related to your prior work.
Specifically, identify any areas of expertise for which your company will rely on services provided by a subcontractor.
2.12 Work History
Provide a list of all projects completed by your company in the past five (5) years as well as any currently underway that are similar in nature and scope to this project. Select one (1) successful project and elaborate on what made the project a success and how the outcome satisfied your client's goals and objectives for the project. Select one (1) challenging project and elaborate on any barriers to success you encountered and how your company addressed the difficulties.
Ideally, the work examples will include similar projects performed for other California counties, other government agencies in the United States, and other large and complex organizations.
2.13 Financial Information
Provide your company's most recent audited or reviewed financial statements.
Describe what these financial statements demonstrate about the viability and stability of your company. If audited or reviewed financial statements are not available, the Proposer must provide an explanation as to why and submit internal balance sheets and income statements for the last three (3) years. 15 32
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2.14 Pricing Sheet: Attachment A
Pricing shall be listed for all services requested in this proposal. Total costs that are quoted by the Proposer on the Pricing Proposal will be considered the best and final offer.
2.15 Requirements Matrix: Attachment B
Provide a detailed response of all aforementioned solution requirements as specified within Section II (Scope of Services and Deliverables). Respond to each item per the instructions on Attachment C. If a requirement is not met, provide comments that explain why.
2.16 References: Attachment C
Provide a minimum of three (3) customer references that previously or are currently contracted with your company. Include brief descriptions of the services provided and the dates that the services were, or are being, performed.
References should be for projects commenced within the last five (5) years.
EVALUATION AND SELECTION
2.17 Initial Screening
Proposals will be screened for responsiveness and responsibility in meeting the requirements of this RFP.
2.18 Proposal Submission Evaluation Criteria
The Evaluation Committee will evaluate and rank proposals. In evaluating each Reply, the City will consider several factors, including but not limited to, the following evaluation criteria:
1. Responsiveness to the RFP (35%) — We will evaluate the requested information included and the thoroughness of your response according to the RFP, as well as our perception of your understanding of our stated needs and specifications, evidenced by your Reply.
2. Cost Estimate (30%) — Pricing is itemized for all services requested. Pricing will remain locked during the term of the initial agreement. Included in this consideration will be services to the different geographic regions in the City.
3. Background of the Company (35%) — The Proposer's company history, staff experience, and references will be assessed. The evaluation will focus on the company's record of successful service and support to accounts of comparable size and environment, evidenced through proposal response. 16 33
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The ability of the Proposer will be evaluated in terms of quality, efficiency, utility, and suitability of services offered.
2.19 Additional Information from Proposers
The Fleet Services Division reserves the right to use any additional criteria it deems to be appropriate in selecting the best proposal and may request information from Proposers beyond that specified in the RFP.
2.20 Intent to Award
A Notification of Intent to Award will be posted on PlanetBids. Award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposer(s) unless an agreement is reached. If contract negotiations cannot be successfully concluded, the City may negotiate with the next highest scoring Proposer or withdraw the RFP.
2.21 Award
Award may be made to the Proposer(s) whose offer is the most advantageous to the City. The City reserves the right to reject any and all proposals; to waive any informalities or irregularities in the proposals; and to accept the proposal(s) that appear(s) to be in the best interest of the City. In determining and evaluating the proposals, costs will not necessarily be controlling. The experience of those who will be providing services; the quality, equality, efficiency, utility, and suitability of the services offered; and the reputation of Proposers will be considered, along with other relevant factors. The City may, in its sole judgment, award the RFP without discussion with the Proposers relative to their proposals.
2.22 Withdrawals
The City reserves the right to withdraw the RFP, in whole or in part, at any time, for any reason. Submission of a proposal confers no rights upon the Proposer nor obligates the City in any manner. The City reserves the right to award no contract and to solicit additional offers/proposals at a later date. 17 34
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Attachment C — Mandatory Reply Form: References
R-1. Company Name
Address
City / State / Zip
Contact Person / Title
Phone
Date Services Began and Ended
Brief Description of Services
R-2. Company Name
Address
City / State / Zip
Contact Person / Title
Phone
Date Services Began and Ended
Brief Description of Services
R-3. Company Name
Address
City / State / Zip
Contact Person / Title
Phone
Date Services Began and Ended
Brief Description of Services
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1. INTRODUCTION
1.1 RFP — The City of Santa Maria through its Fleet Services Division (herein "Procurement" or "City") hereby gives notice of the opportunity to submit replies to this RFP. All RFP replies must be received by the date and time indicated on the Cover Page of the RFP.
Failure to meet the due date and time may be cause for rejection.
1.2 DEFINITIONS — We will speak with you relatively informally throughout the RFP in order to help the process be a little more human and friendly. Even though the language is informal, we intend to express our expectations clearly, and they are to be legally interpreted to accomplish the outcome summarized in this document.
1.2.1 WE / US / OUR — These terms refer to the City, a duly organized public entity. They may also be used as pronouns for various subsets of City organization, including, as the context will indicate:
Department/s or Office — The City department's or office for which this RFP is prepared and which will be the end user/s of the goods and/or services sought Designee —The City employee assigned as your primary contact for interaction regarding Contract performance
1.2.2 YOU / YOUR — These terms refer to all recipients of this RFP. The term may apply differently to different classes of entities, as the context will indicate. For instance, "you" as a Supplier would have different obligations than "you" as a Vendor or Responder may have. We will be specific whenever it seems warranted.
Vendors— All business entities which may provide the subject goods and/or services Responder— Any business entity submitting a Reply to this RFP. Vendors which may be invited to respond or which express interest in this RFP but which do not submit a Reply have no obligations with respect to the RFP requirements.
Supplier/Contractor—The Responder whose Reply to this RFP is found by Procurement to suit the best interests of the City. Supplier may be selected for conditional award and will enter into an agreement for provision of the goods and/or services described in the RFP.
1.2.3 RESPONSE— Refers to the entire process we're embarking on here. It includes the RFP, the Reply, and any other related activities and documentation completed until the award is consummated.
1.2.4 RFP — Includes the document to which Attachment D is attached and any related attachments or amendments. An RFP may be used to solicit various kinds of information.
The kind of information this RFP seeks is indicated by the title appearing at the top of the Cover Page.
1.2.5 REPLY — The document submitted according to the RFP instructions, plus any written clarifications we may request. The Reply does not include any verbal or documentary interaction you may have with us apart from submittal of a formal Reply or of responses to our written request for clarification.
1.3 QUESTIONS OR REQUESTS — All questions or comments regarding the RFP should be directed to the Buyer listed on the Cover Page of this RFP.
All questions must be in a written format and submitted via PlanetBids. 19 36
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Only written communications responded to by a City representative may be considered valid. Responder may not consider any oral instructions as an official instruction.
Refer to Sections I II and IV of the RFP for other requirements for vendor questions and the questions' submittal deadline.
1.4 RESPONDER RESPONSIBILITY — We expect you to be thoroughly familiar with all specifications and requirements of this RFP. Your failure or omission to examine any relevant form, article, site, or document will not relieve you from any obligation regarding this RFP. By submitting a Reply, you are presumed to concur with all terms, conditions, and specifications of the RFP unless you have stated a deviation in your Reply. Deviations we consider excessive or to affect vital terms may reduce or eliminate your prospects for award. If at any time we discover deviations in your Reply that are not identified as instructed, you will be subject to disqualification from consideration.
1.5 SCHEDULE OF EVENTS — Refer to the RFP Timeline in Section I I I of the RFP for further information.
1.6 COSTS INCURRED IN RESPONDING — All costs and expenses relating to the preparation, production, handling, reproduction, administration, and submission of the Reply are to be borne solely by the Responder. All records, documents, and information collected and/or maintained by others in the course of the preparation of this Reply shall be made accessible to the City for purposes of inspection, reproduction, and audit without restriction. Responders shall agree that the City may audit, examine, and copy any and all books, records, and information relating to the proposed Responder's services at no cost to the City. Also, Responders must maintain all records until a successful Provider has been announced and/or an Agreement has been awarded.
1.7 CONFIDENTIAL & PROPRIETARY DATA — AII material received relative to this Reply will be kept confidential until such time an award is made. It then becomes public information.
Any information, confidential or otherwise, required for the evaluation of the RFP and resulting in any subsequent award to the successful Responder would be public information.
Responders shall safeguard all information and data provided by the City. Further, Responders shall not sell or make available data or mailing lists compiled from data received from the City without the express written approval of the City and without appropriate remuneration to the City.
1.8 AWARD — Award may be made to the Responder(s) whose offer(s) is/are the most advantageous to the City from the standpoint of suitability to purpose, quality, service, previous experience, price, ability to deliver, or any other reason deemed by the City to be in the best interest of the City and, as such, will not be determined by price alone.
The City expressly reserves the right, in its sole judgment, to award the RFP without discussion with the Responders relative to their replies.
The City expressly reserves the right, in its sole judgment, to accept or reject any or all Replies, with or without cause; to modify, alter, or waive any technicalities or provisions; and to accept the Reply(s) which, in its sole judgment, is/are determined to be the best evaluated offer(s) resulting from negotiation, taking into consideration the relative importance of other evaluation factors set forth in the RFP.
1.8.1 REPLY EVALUATION — Our sole purpose in the evaluation process is to determine from among the Replies received which one(s) is/are best suited to meet City needs. Any final analysis does not imply that one Responder is superior to another but simply that, in our judgment, the Supplier(s) selected appear(s) to offer the best overall solution for our current and anticipated needs.
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Submittal of a Reply authorizes us to investigate without limitation the background and current performance of you and your present staff. Discovery of any material misstatement of fact may lead to disqualification of a Responder or to cancellation of any resulting Contract.
Any proposed pricing must be held firm per the terms of this RFP but may be adjusted downward anytime.
The City will evaluate all replies submitted. The City may also work with Consultant(s) who are subject matter experts to assist in the evaluation of replies; however, Consultant(s) will not participate in the scoring of the submitted replies. The City will make the selection of the Responder(s). In evaluating each Reply, the City will consider several factors, including —but not limited to —the following evaluation criteria:
1. Demonstrated understanding of the project and scope of work and creative and innovative approach to the project
2. Work schedule/timeliness
3. Team experience, qualifications, and successful completion of similar projects
4. Fee structure to complete the project
The City reserves the right to withdraw the RFP, in whole or in part, at any time and for any reason. Submission of a Reply confers no rights upon the Responder nor obligates the City in any manner. The City reserves the right to award multiple Agreements or no Agreement, or to solicit additional offers at a later date.
By submitting a Reply, each Responder agrees that if the City accepts its Reply, such Responder will furnish all items and services upon the terms and conditions in this RFP and any possible subsequent Agreement. Responder replies that do not meet the mandatory requirements set forth in this RFP will be considered noncompliant.
Responders may be disqualified and the Reply rejected by the City for any of, but not limited to, the following reasons:
1. Failure to properly complete the Reply
2. Evidence of inappropriate collusion among the Responders submitting the replies
3. Failure to comply with the specification requirements Trade secrets must be clearly marked and identified as such. All such trade secrets will be subject to such disclosure as is required by the California Public Information (Open Records) Act. The Responder agrees at its expense to protect the City from claims involving infringement of patents or copyrights. The City reserves the right to adopt or use for its benefit any concept, plan, or idea contained in any response. The City also reserves the right to inspect the Responder's Agreements with its suppliers before making any award for the purpose of ascertaining whether the Responder has the necessary operational systems in place for performing any possible Agreement. The City may also consult with clients of the Responder during the evaluation of replies. Such consultation is intended to assist the City in making any possible Agreement award which is most advantageous to the City. No Reply shall be marked "Proprietary," "Confidential," or in any other way as to prohibit public record requirements.
1.8.2 COMPETITIVE NEGOTIATION OF REPLIES —The Responder is advised that, under the provisions of this RFP, the City reserves the right to conduct negotiations of the replies received, and the City reserves the right to award an Agreement in whole or in part without negotiations. If such negotiations are conducted, the following conditions shall apply:
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1. Negotiations will only be conducted with potentially acceptable replies. The City reserves the right to limit negotiations to those replies which received the highest rankings during the initial evaluation phase.
2. Terms, conditions, prices, methodology, or other features of a Responder's Reply may be subject to negotiation and subsequent revision. As part of the negotiations, a Responder may be required to submit additional financial information and other data to allow for a detailed evaluation of the feasibility, reasonableness, and acceptability of the Reply.
3. The requirements shown in the Mandatory Response Requirements and Ancillary Requirements (Section 2, both) are not negotiable and will remain unchanged unless the City determines that a change in such requirements is in the best interest of the City.
1.8.3 WITHDRAWAL/MODIFICATION OF REPLIES — Responders may modify their Reply via PlanetBids at any time prior to the Reply due date.
1.9 ACCEPTABILITY — The City reserves the sole right to determine whether or not materials, equipment, or services are acceptable for City use and whether substitutions are of equal or better quality than those specified.
1.10 CONTRACT EXECUTION —This RFP and the Responder's Reply (pertinent sections) will be made part of any resultant Contract and will be incorporated in any possible Contract as set forth, verbatim.
1.10.1 PRECEDENCE — In the event of contradictions or conflicts between the provisions of the documents comprising any possible Contract, they will be resolved by giving precedence in the following order:
1. Provisions of the Contract (as it may be amended)
2. Provisions of the RFP (as it may be supplemented)
3. Provisions of the Responder's Reply (as it may be clarified)
2. PRIMARYSPECIFICATIONS
2.1 SCOPE OF WORK — Please see the Scope of Services and Deliverables (Section II) of the RFP for the full detail.
In developing your response, please be as specific as possible. Responders are invited to include any existing material or material prepared specifically in response to this RFP that they believe may be of interest or use to the City.
2.2 REFERENCES — See the Mandatory Response Requirements of the RFP for requested references. The City reserves the right to contact not only those clients provided by the Responder but any other past or present clients and to utilize this information to assist in determining the acceptability of services when making any possible award.
3. SUPPLIER'S REQUIREMENTS & RESPONSIBILITIES
3.1 See RFP for further information.
4. TERMS & CONDITIONS IN THE EVENT OF ANY POSSIBLE FUTURE CONTRACT 22 39
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4.1 COMPLIANCE WITH PURCHASING TERMS & CONDITIONS — You agree to be bound by the City's terms and conditions for independent contractors in Exhibit C, including the indemnification and insurance requirements included therein.
4.2 NONEXCLUSIVE CONTRACT — Any Contract issued as a result of the Reply will be nonexclusive. The City retains the right to negotiate, make purchases, and enter into contracts with others providing the same or similar goods and/or services as those you provide.
4.3 "NO SURPRISES" — You will notify the City Project Administrator in advance of any changes to contract terms or conditions.
5. REPLY PRESENTATION & REVIEW
5.1 REPLY CONTENT— In order to enable direct comparison of competing Replies, you must submit the Reply in strict conformity to the requirements stated in this RFP. Failure to adhere to all requirements may result in your Reply being disqualified as nonresponsive.
5.1.1 REPLY ASSEMBLY —Each Responder must provide all documentation required. Replies should follow the same numerical sequence and structure as this RFP.
A complete response must be provided per the requirements of the RFP.
Some of the sections may require explanation by the Responder. Please provide exhibits and/or visual aids that clearly reference specific conditions.
5.1.2 FORMS & SCHEDULES — If specified, all forms and schedules must be completed on (or in the identical format of) the forms included with this RFP and according to the instructions provided.
5.1.3 RE -SUBMITTAL CORRECTIONS — Replies should be free of erasures. Errors may be crossed out, with corrections printed in ink or typed adjacent, and must bear the dated initials of person signing the Reply.
5.1.4 SUBMITTAL PACKAGE — Refer to the Mandatory Response Requirements of the RFP for further information.
Replies to this RFP must be submitted via PlanetBids no later than the date and time indicated on the Cover Page for the RFP opening. Submittal by mail, fax, or email is not acceptable.
5.1.5 SUBMITTAL DEADLINE —We must receive your Reply as directed no later than the date and time shown on the Cover Page. Any Reply received after that deadline will not be considered unless you obtain the express consent of all other competing and timely replying Responders. We recommend you set for yourself an earlier deadline.
5.2 RFP OPENING — On the date and time specified on the Cover Page, all Replies will be opened. Within two (2) business days, a bid opening summary will be posted on PlanetBids.
5.3 REPLY CLARIFICATION — We reserve the right to request additional written or oral information from Responders in order to obtain clarification of their Replies.
53.1 REJECTION OR CORRECTION OF REPLIES — We reserve the right to reject any or all Replies. Minor irregularities or informalities in any Reply which are immaterial or inconsequential in nature and are neither affected by law nor at substantial variance with 23 40
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RFP conditions may be waived at our discretion whenever it is determined to be in the City's best interest. In such cases, we may allow a Responder to make minor corrections to any part of their Reply, with the exception of price data that could affect price comparisons between Responders.
6. MANDATORY REPLY FORMS
The mandatory Reply forms listed below are required for inclusion in your Submittal Package as specified in the Mandatory Response Requirements of the RFP. Line -by-line instructions are provided for those items not considered self-evident. Additional instructions may be found on some of the forms and schedules themselves. • Attachment A — Pricing Sheet
• Attachment B — Mandatory Reply Form: Requirements Matrix • Attachment C — Mandatory Reply Form: References
7. ASSIGNMENT
Responders may assign or transfer this Agreement with the express written consent of the City, whose consent will not be unreasonably withheld or unduly delayed. Upon the City's written consent, any such purchaser, assignee, successor, or delegate shall thereupon have all of the rights and responsibilities of the Responder. However, the City may assign any and all of its rights and obligations hereunder without the written consent but upon written notice thereof to the Responder (1) to any Affiliate; (2) pursuant to any sale or transfer of all or substantially all of its business or assets; (3) pursuant to any merger or reorganization; or (4) as part of a bona fide pledge to a third -party lending institution of collateral of the assignor's rights hereunder.
8. MERGERS/ACQUISITIONS
The Responder expressly acknowledges that it is an independent contractor. Nothing in this RFP is intended nor shall be construed to create an agency relationship, an employer/employee relationship, a joint venture relationship, or any other relationship allowing the City to exercise control or direction over the manner or method by which the Responder or its subcontractors perform hereunder.
The services to be performed by the Responder shall not be assigned, sublet, or transferred without prior written approval of the City.
The successful Responder shall be required to notify the City of any potential merger or acquisition of which there is knowledge at the time that a Reply is submitted. Additionally, if the Responder shal I merge or be acquired by another company subsequent to the award of any Agreement resulting from this RFP, the following documents must be submitted to the City:
1 Corporate resolutions prepared by the successful Responder and new entity ratifying acceptance of the original Agreement, terms, conditions, and process
2. New Responder's Federal Identification Number (FEIN) 24 41
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SECTION 3 - AGREEMENTS
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AGREEMENT FOR PROFESSIONAL SERVICES
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Master Services Agreement for Services of Independent Contractor THIS AGREEMENT (Agreement") is made by and between the City of Santa Maria, a political subdivision of the State of California ("CITY'), and {ENTER BUSINESS} ("CONTRACTOR" and together with CITY, collectively, the "Parties" and each a "Party"), whose principal place of business is located at {ENTER ADDRESS}.
WHEREAS, CONTRACTOR represents that it is specially trained, skilled, experienced, and competent to perform the special services required by CITY and is willing to perform such services, and CITY desires to retain the services of CONTRACTOR pursuant to the terms, covenants, and conditions herein set forth; NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Parties agree as follows:
1. DESIGNATED REPRESENTATIVE
ENTER NAME, whose phone number is 805-925-0951 ext. xxxx and whose email address is xxxxacitvofsantamaria.orq is the representative of CITY and will administer this Agreement for and on behalf of CITY (provided, however, that such CITY representative shall not have the authority to approve or execute additional Statements of Work or any other amendment to or of this Agreement). {ENTER CONTRACTOR REPRESENTATIVE}, whose phone number is {ENTER PHONE NUMBER} and whose email address is {ENTER EMAIL}, is the authorized representative of CONTRACTOR who is duly authorized to administer this Agreement for and on behalf of CONTRACTOR. Changes to a Party's designated representative shall be made only after advance written notice to the other Party in accordance with Section 2, below.
z. NOTICES
All notices, claims, waivers, consents, and other communications required or permitted to be given under this Agreement (each a "Notice") shall be in writing and addressed to the receiving Party at the address for such Party set forth below (or to such other address that such receiving Party may designate from time to time in accordance with this Section 2), by personal delivery, facsimile, first-class mail via the United States Postal Service ("USPS"), registered or certified mail, or nationally recognized overnight courier service (in each case, return receipt requested, postage prepaid):
To CITY:
To CONTRACTOR:
Name
Public Works Fleet Services
810 W Church St
Santa Maria, CA 93458
Name
Business Street
City, State, Zip
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If sent by first-class mail, Notices shall be deemed to be received five (5) days following their deposit in the USPS mail. This Notices section shall not be construed as meaning that either Party agrees to service of process except as required by applicable law.
3. SCOPE OF SERVICES
CONTRACTOR shall provide to CITY the services (the "Services") set forth in statements of work to be issued by CITY and accepted by CONTRACTOR (each a "Statement of Work"). The initial Statements of Work are attached hereto as EXHIBITS A-1, A-2, and A-3 and incorporated herein by reference. Additional Statements of Work substantially in the same form as the Statements of Work attached hereto shall be deemed accepted and incorporated into this Agreement during the Term (defined below) only if signed by each Party's duly authorized designated representative. For purposes of this Agreement, the CITY Purchasing Agent is the duly authorized designated representative of CITY who is duly authorized to accept and sign such additional Statements of Work on behalf of CITY.
4. TERM
The term of this Agreement ("Term") shall commence upon the first date that this Agreement is duly executed by all of the Parties hereto ("Effective Date") and shall terminate on June 30, 2029, unless terminated earlier in accordance with the provisions of this Agreement.
5. COMPENSATION OF CONTRACTOR
In full consideration of CONTRACTOR's services, CONTRACTOR shall be paid for performance of the Services under this Agreement in accordance with the terms of EXHIBIT B, attached hereto and incorporated herein by reference. Billing shall be made by invoice, which shall include the contract number assigned by CITY, and delivered to CITY at the address for Notices to CITY set forth in Section 2, above, following completion of the increments identified on EXHIBIT B. Unless otherwise specified on EXHIBIT B, payment shall be net thirty (30) days from delivery of invoice.
6. INDEPENDENT CONTRACTOR
It is mutually understood and agreed that CONTRACTOR (including any and all of its officers, agents, and employees) shall perform all of the Services under this Agreement as an independent contractor as to CITY and not as an officer, agent, servant, employee, joint venturer, partner, or associate of CITY. Furthermore, CITY shall have no right to control, supervise, or direct the manner or method by which CONTRACTOR shall perform its work and function. However, CITY shall retain the right to administer this Agreement so as to verify that CONTRACTOR is performing its obligations hereunder in accordance with the terms and conditions hereof.
CONTRACTOR understands and acknowledges that it shall not be entitled to any of the benefits of a CITY employee, including, but not limited to, vacation, sick leave, administrative leave, health insurance, disability insurance, retirement, unemployment insurance, workers' compensation, and protection of tenure.
CONTRACTOR shall be solely liable and responsible for providing to or on behalf of its employees all legally required employee benefits. In addition, CONTRACTOR shall be solely responsible and save CITY harmless from all matters relating to payment of CONTRACTOR's employees, including compliance with Social Security withholding and all other regulations governing such matters. It is acknowledged that during the 27 44
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Term of this Agreement, CONTRACTOR may be providing services to others unrelated to CITY or to this Agreement. CONTRACTOR has no authority to commit, act for or on behalf of CITY, or bind CITY to any obligation or liability.
7. STANDARD OF PERFORMANCE
CONTRACTOR certifies that it has the skills, the expertise, and all licenses and permits necessary to perform the Services. Accordingly, CONTRACTOR shall perform all such Services in the manner and according to the standards observed by a competent practitioner of the same profession in which CONTRACTOR is engaged.
All products of whatsoever nature, which CONTRACTOR delivers to CITY pursuant to this Agreement, shall be prepared in a first-class and workmanlike manner and shall conform to the highest standards of quality observed by professionals practicing in CONTRACTOR's profession. CONTRACTOR shall correct any errors or omissions in the performance of the Services at CITY'S request without additional compensation.
CONTRACTOR has and shall, at CONTRACTOR's sole cost and expense all times during the Term, maintain in effect all permits, licenses, permissions, authorizations, and consents required by applicable law or otherwise necessary to carry out CONTRACTOR's obligations under this Agreement. CONTRACTOR is in compliance with, and shall at all times during the Term comply with, all applicable laws, regulations, and ordinances.
8. DEBARMENT AND SUSPENSION
CONTRACTOR certifies to CITY that none of it or its employees or principals are debarred, suspended, or otherwise excluded from or ineligible for participation in federal, state, or CITY government contracts. CONTRACTOR certifies that it shall not contract with a subcontractor that is so debarred or suspended.
9. TAXES
CONTRACTOR shall pay all taxes, levies, duties, and assessments of every nature due in connection with any work under this Agreement and shall make any and all payroll deductions required by law. CONTRACTOR is responsible for all CONTRACTOR personnel and for the payment of their compensation, including —if applicable —withholding of income taxes, and the payment and withholding of social security and other payroll taxes, unemployment insurance, workers' compensation insurance payments, and disability benefits. In no event shall CITY pay or be responsible for any taxes imposed on, or with respect to, CONTRACTOR's income, revenues, gross receipts, personnel, real or personal property, or other assets. CITY shall not be responsible for paying any taxes on CONTRACTOR's behalf, and should CITY be required to do so by state, federal, or local taxing agencies, CONTRACTOR agrees to promptly reimburse CITY for the full value of such paid taxes plus interest and penalties, if any. These taxes shall include, but not be limited to, the following: FICA (Social Security), unemployment insurance contributions, income tax, disability insurance, and workers' compensation insurance.
10. CONFLICT OF INTEREST
CONTRACTOR covenants that CONTRACTOR presently has no employment or interest and shall not acquire any employment or interest, direct or indirect, including any interest in any business, property, or source of income, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. CONTRACTOR further covenants that in the performance of this 28 45
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Agreement, no person having any such interest shall be employed by CONTRACTOR.
CONTRACTOR must promptly disclose to CITY, in writing, any potential conflict of interest. CITY retains the right to waive a conflict of interest disclosed by CONTRACTOR if CITY determines it to be immaterial, and such waiver is only effective if provided by CITY to CONTRACTOR in writing.
11. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
CITY shall be the owner of the following items incidental to this Agreement upon production, whether or not completed: all data collected; all documents of any type whatsoever; all photos, designs, sound or audiovisual recordings, software code, inventions, technologies, and other materials; and any material necessary for the practical use of such items, from the time of collection and/or production, whether or not performance under this Agreement is completed or terminated prior to completion.
CONTRACTOR shall not release any of such items to other parties except upon prior written approval of CITY.
Unless otherwise specified in EXHIBIT A, CONTRACTOR hereby assigns to CITY all copyright, patent, and other intellectual property and proprietary rights to all data, documents, reports, photos, designs, sound or audiovisual recordings, software code, inventions, technologies, and other materials prepared or provided by CONTRACTOR pursuant to this Agreement (collectively referred to as "Copyrightable Works and Inventions"). CITY shall have the unrestricted authority to copy, adapt, perform, display, publish, disclose, distribute, create derivative works from, and otherwise use in whole or in part any Copyrightable Works and Inventions.
CONTRACTOR agrees to take such actions and execute and deliver such documents as may be needed to validate, protect, and confirm the rights and assignments provided hereunder. CONTRACTOR warrants that any Copyrightable Works and Inventions and other items provided under this Agreement will not infringe upon any intellectual property or proprietary rights of any third party. CONTRACTOR, at its own expense, shall defend, indemnify, and hold harmless CITY against any claim that any Copyrightable Works or Inventions or other items provided by CONTRACTOR hereunder infringe upon intellectual or other proprietary rights of a third party, and CONTRACTOR shall pay any damages, costs, settlement amounts, and fees (including attorneys' fees) that may be incurred by CITY in connection with any such claims.
This Ownership of Documents and Intellectual Property provision shall survive expiration or termination of this Agreement.
12. NO PUBLICITY OR ENDORSEMENT
CONTRACTOR shall not use CITY's name or logo or any variation of such name or logo in any publicity, advertising, or promotional materials. CONTRACTOR shall not use CITY's name or logo in any manner that would give the appearance that CITY is endorsing CONTRACTOR. CONTRACTOR shall not in any way contract on behalf of or in the name of CITY. CONTRACTOR shall not release any informational pamphlets, notices, press releases, research reports, or similar public notices concerning CITY or its projects without obtaining the prior written approval of CITY in each instance.
13. CITY PROPERTY AND INFORMATION
All of CITY's property, documents, information, and data provided to or accessed by or on behalf of CONTRACTOR in connection with the Services — including, without limitation, all data collected, used, maintained, processed, stored, or generated by or on behalf of CITY in connection with this Agreement ("CITY 29 46
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Property") —and any derivative works of CITY Property shall remain CITY's property, and CONTRACTOR shall return or delete CITY Property whenever requested by CITY and whenever required in accordance with Section 19 of this Agreement.
CONTRACTOR may use CITY Property solely for the purpose of, and only to the extent necessary for, CONTRACTOR's provision of the Services hereunder.
CONTRACTOR shall not disclose, disseminate, publish, or transfer to any third party any CITY Property without CITY's prior written consent.
14. RECORDS, AUDIT, AND REVIEW
CONTRACTOR shall keep such business records pursuant to this Agreement as would be kept by a reasonably prudent practitioner of CONTRACTOR's profession and shall maintain such records for at least four (4) years following the termination of this Agreement. All accounting records shall be kept in accordance with generally accepted accounting principles. CITY shall have the right to audit and review all such documents and records at any time during CONTRACTOR's regular business hours or upon reasonable notice. In addition, if this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be subject to the examination and audit of the California State Auditor, at the request of CITY or as part of any audit of CITY, for a period of three (3) years after final payment under the Agreement (Cal. Govt. Code Section 8546.7). CONTRACTOR shall participate in any audits and reviews, whether by CITY or the state, at no charge to CITY.
If federal, state, or CITY audit exceptions are made relating to this Agreement, CONTRACTOR shall reimburse all costs incurred by federal, state, and/or CITY governments associated with defending against the audit exceptions or performing any audits or follow-up audits, including but not limited to, audit fees, court costs, attorneys' fees based upon a reasonable hourly amount for attorneys in the community, travel costs, penalty assessments, and all other costs of whatever nature. Immediately upon notification from CITY, CONTRACTOR shall reimburse the amount of the audit exceptions and any other related costs directly to CITY as specified by CITY in the notification.
15. INDEMNIFICATION AND INSURANCE
CONTRACTOR agrees to and shall comply with the indemnification and insurance provisions as set forth in EXHIBIT C, attached hereto and incorporated herein by reference.
16. NONDISCRIMINATION
CITY hereby notifies CONTRACTOR that CITY's Unlawful Discrimination Ordinance applies to this Agreement and is incorporated herein by this reference with the same force and effect as if the ordinance were specifically set out herein, and CONTRACTOR agrees to comply with said ordinance.
17. NONEXCLUSIVE AGREEMENT
CONTRACTOR understands that this is not an exclusive Agreement and that CITY shall have the right to negotiate with and enter into contracts with others providing the same or similar services as those provided by CONTRACTOR as CITY desires.
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18. NON -ASSIGNMENT
CONTRACTOR shall not assign, subcontract, delegate, or otherwise transfer, directly or indirectly, whether by operation of law or otherwise ("Transfer"), this Agreement or any of CONTRACTOR's rights or obligations under this Agreement without the prior written consent of CITY. Any attempted or purported Transfer in violation of this Section 18 shall be null and void and without legal effect and shall constitute grounds for termination. No Transfer shall relieve CONTRACTOR of any of its obligations hereunder.
19. TERMINATION
A. By CITY. CITY may, by written notice to CONTRACTOR, terminate this Agreement in whole or in part at any time, whether for CITY's convenience, for nonappropriation of funds, or because of the failure of CONTRACTOR to fulfill its obligations hereunder.
1. For Convenience. CITY may terminate this Agreement in whole or in part upon thirty (30) days written notice. During the thirty (30) day period, CONTRACTOR shall, as directed by CITY, wind down and cease its services as quickly and efficiently as reasonably possible, without performing unnecessary services or activities and while minimizing negative effects on CITY from such winding down and cessation of services.
2. For Nonappropriation of Funds. Notwithstanding any other provision of this Agreement, in the event that no funds or insufficient funds are appropriated or budgeted by federal, state, or CITY governments or sufficient funds are not otherwise available for payments hereunder in the fiscal year(s) covered by the Term of this Agreement, then CITY will notify CONTRACTOR of such occurrence, and CITY may terminate or suspend this Agreement in whole or in part, with or without a prior notice period. Subsequent to termination of this Agreement under this provision, CITY shall have no obligation to make payments with regard to the remainder of the Term.
3. For Cause. Should CONTRACTOR default in the performance of this Agreement or materially breach any of the provisions hereof, CITY may, at CITY's sole option, terminate or suspend this Agreement in whole or in part upon written notice ("Termination Notice"). Upon receipt of such Termination Notice, CONTRACTOR shall immediately discontinue all Services (unless otherwise directed in such Termination Notice) and notify CITY in writing of the status of CONTRACTOR's performance of Services hereunder. The date of termination shall be the date the Termination Notice is received by CONTRACTOR, unless the Termination Notice directs otherwise.
B. By CONTRACTOR. Should CITY fail to pay CONTRACTOR all or any part of the payment set forth in EXHIBIT B, CONTRACTOR may, at CONTRACTOR's option, terminate this Agreement if such failure is not remedied by CITY within thirty (30) days of written Notice to CITY of such late payment.
Upon termination, CONTRACTOR shall deliver to CITY all data, estimates, graphs, summaries, reports, and all other property, records, documents, or 31 48
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papers as may have been accumulated or produced by CONTRACTOR in performing this Agreement, whether completed or in process, except such items as CITY may, by written permission, permit CONTRACTOR to retain. Notwithstanding any other payment provision of this Agreement, CITY shall pay CONTRACTOR for satisfactory Services performed as of the date of termination to include a prorated amount of compensation due hereunder less payments, if any, previously made. In no event shall CONTRACTOR be paid an amount in excess of the Maximum Contract Amount or for profit on unperformed portions of Services. CONTRACTOR shall furnish to CITY such financial information as in the judgment of CITY is necessary to determine the reasonable value of the Services rendered by CONTRACTOR. In the event of a dispute as to the reasonable value of the Services rendered by CONTRACTOR, the decision of CITY shall be final. The foregoing is cumulative and shall not affect any right or remedy which CITY may have in law or equity.
zo. SECTION HEADINGS
The headings of the several sections herein, and any Table of Contents appended hereto, shall be solely for convenience of reference and shall not affect the meaning, construction, or effect hereof.
21. SEVERABILITY
If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal, or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
22. REMEDIES NOT EXCLUSIVE
No remedy herein conferred upon or reserved to CITY is intended to be exclusive of any other remedy or remedies, and each and every such remedy, to the extent permitted by law, shall be cumulative and in addition to any other remedy given hereunder or now or hereafter existing at law or in equity or otherwise.
23. TIME IS OF THE ESSENCE
Time is of the essence in this Agreement, and each covenant and term is a condition herein.
24. NO WAIVER OF DEFAULT
No delay or omission of CITY to exercise any right or power arising upon the occurrence of any event of default shall impair any such right or power or shall be construed to be a waiver of any such default or an acquiescence therein; and every power and remedy given by this Agreement to CITY shall be exercised from time to time and as often as may be deemed expedient in the sole discretion of CITY.
25. ENTIRE AGREEMENT AND AMENDMENT
This Agreement, including all EXHIBITS attached hereto, contains the entire understanding and agreement of the Parties with respect to the subject matter hereof, 32 49
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and there have been no promises, representations, agreements, warranties, or undertakings by any of the Parties, either oral or written, of any character or nature hereafter binding except as set forth herein. This Agreement may be altered, amended, or modified only by an instrument in writing, duly executed by each of the Parties and by no other means. Each Party waives its future right to claim, contest, or assert that this Agreement was modified, canceled, superseded, or changed by any oral agreements, course of conduct, waiver, or estoppel.
26. SUCCESSORS AND ASSIGNS
This Agreement is binding on and inures to the benefit of the Parties and their respective successors and permitted assigns in accordance with Section 18, above.
27. COMPLIANCE WITH LAW
CONTRACTOR shall, at its sole cost and expense, comply with all applicable CITY, state, and federal ordinances and statutes now in force or which may hereafter be in force. The judgment of any court of competent jurisdiction, or the admission of CONTRACTOR in any action or proceeding against CONTRACTOR, whether CITY is a party thereto or not, that CONTRACTOR has violated any such ordinance or statute, shall be conclusive of that fact as between CONTRACTOR and CITY.
28. CALIFORNIA LAW AND JURISDICTION
This Agreement shall be governed by the laws of the State of California. Any litigation regarding this Agreement or its contents shall be filed in CITY, if in state court, or in the federal district court nearest to CITY, if in federal court.
29. EXECUTION OF COUNTERPARTS
This Agreement may be executed in any number of counterparts, and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the Parties shall preserve undestroyed, shall together constitute one and the same instrument.
30. AUTHORITY
All signatories and Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles, and capacities herein stated and on behalf of any entities, persons, or companies represented or purported to be represented by such entity(ies), person(s), or company(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement have been fully complied with.
Furthermore, by entering into this Agreement, CONTRACTOR hereby warrants that it shall not have breached the terms or conditions of any other contract or agreement to which CONTRACTOR is obligated, which breach would have a material effect hereon.
31. SURVIVAL
All provisions of this Agreement which by their nature are intended to survive the termination or expiration of this Agreement shall survive such termination or expiration.
32. ORDER OF PRECEDENCE
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In the event of conflict between the provisions contained in Sections 1 through 33 of this Agreement ("Numbered Sections") and the provisions contained in the EXHIBITS, the provisions contained in the Numbered Sections shall control and prevail over those in the EXHIBITS, other than EXHIBITS C and D, which EXHIBITS C and D shall control and prevail. If any Statement of Work or quotes provided by CONTRACTOR incorporated into a Statement of Work include any standard terms from CONTRACTOR or any hyperlinks to standard terms or other provisions from CONTRACTOR CCONTRACTOR's Terms"), CONTRACTOR agrees that in the event of discrepancy, inconsistency, gap, ambiguity, or conflicting language between the CITY's terms set forth in the Numbered Sections and EXHIBITS B, C, D, and E hereto, on the one hand, and CONTRACTOR's Terms, on the other hand, the City's terms shall take precedence and control, followed by (i) task orders issued by CITY pursuant to a Statement of Work and then (ii) CONTRACTOR's Terms, if any.
IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective as of the Effective Date.
IN WITNESS WHEREOF, this agreement is executed by the Parties on the date first written above.
NAME of COMPANY CITY OF SANTA MARIA, a political
subdivision of the State of California
NAME
TITLE
Brett Fulgoni
Public Works Director
ATTEST:
Donna G. Schwartz, CMC
Chief Deputy City Clerk
34 APPROVED AS TO FORM:
Risk Manager
City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES
Contractor hereby agrees to provide to the City of Santa Maria ("City"), as the scope of services under this Agreement, the services described in City's Request for Proposal for Tire -Related Services dated [insert date] (Exhibit "D"), which outlines the scope of services and work under this contract and the approved Contractor's Proposal dated [insert date] (Exhibit "E").
The City is under no obligation to expend any funds under this Contract unless it determines it is in the City's best interest to do so. The City is under no obligation to utilize the prequalification list for any particular project and may instead seek services for that project pursuant to the City's purchasing guidelines. When work is performed pursuant to the prequalification list established by this RFP and this Agreement, work will be performed on a rotating basis among the prequalified contractors, based on contractors' availability.
A notice to proceed (in the form of a purchase order) will be issued by the City for each task under this Agreement. In case of any conflicting terms, it is the express intent of the Parties hereto that the order of precedence and controlling language shall be as follows:
1) This Agreement
2) The City's Request for Proposal (Exhibit "D")
3) The Contractor's Proposal (Exhibit "E")
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EXHIBIT "B"
PAYMENT
Progress authorization
Written authorization to proceed from the City authorizes the Contractor to generate the not -to- exceed cost of $750,000.
II. Additional tasks will be assigned as new exhibits to this contract, with each new task being numbered sequentially as Exhibit B1, B2, B3, etc.
III. Invoice procedure
A. Payment shall be at the conclusion of the Assigned Task based on the billable charges.
B. The Contractor shall submit the invoice for charges via email to [email protected].
C. The Contractor's bill shall be substantiated by appropriate documentation and include an itemized listing of personnel, subcontractors, and other direct costs incurred.
IV. Maximum billable amounts
Under no circumstance shall the total of all payments to the Contractor exceed ninety percent (90%) of the maximum "not -to -exceed" cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A" or any Assigned Task.
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EXHIBIT "C"
INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor and his/her agents, representatives, or employees. If the Contractor 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 Contractor.
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 and advertising injury.
2. Insurance Services Office Business Auto coverage (form CA 00 01) covering any auto (Code 1) or, if Contractor has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).
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 Contractor's profession.
5. Cyber liability insurance. Coverage shall be sufficiently broad to respond to the duties and obligations as undertaken by Vendor in this agreement and shall include but not be limited to claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses, with limits sufficient to respond to these obligations.
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B. Minimum Limits of Insurance
Contractor 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 another form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile liability: $1,000,000 per accident for bodily injury and property damage.
3. Workers' compensation: Statutory limits.
4. Employer's liability: $1,000,000 per accident for bodily injury or disease.
5. Errors and omissions liability: $1,000,000 per occurrence or claim; $2,000,000 aggregate.
6. Cyber liability: $2,000,000 per occurrence or claim; $2,000,000 aggregate.
C. Self -insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
D. Other Insurance Requirements
The liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City and 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 Contractor, including
materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Contractor's 38 55
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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 Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City and its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City and its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this
Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail,
facsimile with confirmation of receipt, or certified mail with return receipt requested.
4. Contractor hereby grants to the City a waiver of any right to subrogation, which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not 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 Contractor must purchase "extended reporting"
coverage for a minimum of five (5) years after
completion of work.
E. Acceptability of Insurers
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Insurance is to be placed with insurers with a current AM Best's rating of no less than A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage
Contractor 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 Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these
specifications at any time.
G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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SECTION 4 - ATTACHMENTS
58 City of Santa Maria
Tire -Related Services
City of Santa Maria
Tire -Related Services
ATTACHMENT A - SCOPE OF WORK
1. Services include on -site and off -site tire retreading, mounting, dismounting, flat repairs, and roadside services 365 days a year.
2. On -site services are to be performed at the Public Works Fleet Services Facility located at 810 W. Church St., Santa Maria, CA 93458, and at the Santa Maria Regional Landfill Fleet Services Facility at 2065 E. Main St., Santa Maria, CA 93454.
3. Roadside services are to be performed at various locations within and outside City limits, including but not limited to flat tires and blowouts.
4. Live dispatch personnel are required to be available to respond to service calls from the City at all times.
5. Contractor must dispatch sufficient equipment and shall arrive at the service location within thirty (30) minutes of receiving the call for dispatch within City limits and within sixty (60) minutes for dispatch outside City limits.
RATES AND COSTS EXHIBIT
Vendor shall furnish all labor, materials, supplies, and equipment to perform operations necessary to complete the work as required.
Field Road Service: Flat Tires and Blowout Repairs
Hours of Service
Location
Cost per
Mile
Cost per
Hour
Minimum #
of Hours
Mileage
Fee
7:00 a.m. -5:00 p.m.
M —F
Within City
Limits
$
$
$
5:01 p.m. -6:59 a.m.
M —F
Within City
Limits
$
$
$
Weekends/Holidays
Within City
Limits
$
$
$
7:00 a.m. -5:00 p.m.
M —F
Outside City
Limits
$
$
$
5:01 p.m. -6:59 a.m.
M —F
Outside City
Limits
$
$
$
Weekends/Holidays
Outside City
Limits
$
$
$
Tire Retread*
Size
Manufacturer
Model
Cost per Tire
315180R22.5 Drive
Bandag
BRM
$
315/80R22.5 Drive
Bandag
BR M3
$
11R22.5 Drive
Bandag
UDR Drive
$
11R22.5 Drive
Bandag
DR 4.3 Drive
$
11R22.5
Bandag
BRSS
$
*Maximum repairs shal
*Include disposal of re -tread
be in accordance with manufacturer specifications.
materials or any other material after work has been completed. 42 59
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Tire MountlDismount
Service Description
Location
Cost per Tire
Mount/Dismount Tires on Vehicle
On -Site
$
Mount/Dismount Ti res Loose
On -Site
$
Mount/Dismount Tires on Vehicle
Vendor Location
$
Mount/Dismount Tires Loose
Vendor Location
$
Repair Services
Service Description
Location
Cost per Tire
Flat Repair
On -Site
$
Flat Repair
Vendor Location
$
Retreading
Product ID
Product Description
Cost per Repair
215684
Repair with Retread SP -8 Radial
$
215379
Repair with Retread LP -10 Radial
$
215786
Repair with Retread B-24
$
215600
Repair with Retread CO -33
$
215601
Repair with Retread CO -35
$
215602
Repair with Retread CO -37
$
215888
Repair with Retread B-40
$
215922
Repair with Retread B-42
$
215956
Repair with Retread B-44
$
215633
Repair with Retread Spot
$
215667
Repair with Retread Radial Bead
$
215718
Repair Only SP -8 Radial
$
215381
Repair Only LP -10 Radial
$
215616
Repair Only B-24
$
215603
Repair Only CO -33
$
215604
Repair Only Ca -35
$
215605
Repair Only CO -37
$
215905
Repair Only B-40
$
215939
Repair Only B-42
$
215973
Repair Only B-44
$
215752
Repair Only Spot
$
Casings
Size
Classification
Cost per Casing
315/80R22.5
Grade A
$
11R22.5
Grade A
$
Tire Disposal
Size
Cost per Tire
Medium
$
Heavy
$
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ATTACHMENT B - PROPOSAL REQUIREMENTS
A. Proposals shall be a maximum of 30 individual pages (i.e., 15 double -sided, 30 single -sided, or a mix thereof for a total of 30 individual pages).
B. All proposals shall include the following minimum information:
a. Cover letter of interest: Please identify the location of the key individuals who will be assigned to work on this agreement. b. Com Dan/ Background: Provide a brief description of your company's history, capabilities, and target markets.
c. Management and Team Members: Provide a description of the team/contractor organization and a work plan that identifies the personnel to be assigned to each task. The organization description should clearly identify who will be the project manager and the day- to-day contact person for the job. Include relevant experience of the team members who will be assigned to the project.
d. Subcontractors: Provide a list of subcontractors to be used, if any, and their expertise as called for in Item 1, above.
e. Scope of Work: Describe the methodology, techniques, and procedures for each of the scope of work items, with an explanation of how the Proposer plans to approach the tasks and the steps that will be taken to complete the task, including analytical methods and tools. Proposers must demonstrate that they understand the magnitude and importance of each individual task. If appropriate, tasks should be organized into phases constituting measurable deliverables.
f. Orcanization Qualifications: Provide an outline of the organization qualifications, indicating relevant background experience and capabilities for this work. A list of major projects, both ongoing and planned, to which the organization is committed during the time frame of this project should also be provided. Include the staff resources devoted to those projects and the status of the projects. g
Project Experience: Describe at least three specific projects that the company and proposed key personnel have worked on within the past five (5) years, including client contact names, telephone numbers, and email addresses. If your company has completed similar projects without the involvement of the proposed key personnel, please note this in your proposal.
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h. Project Management: Provide a description regarding how work is scheduled and prioritized and what structures are in place to ensure your company meets project timelines.
i. References: Provide at least three (3) client references with phone numbers for relevant work. Specify the client, location, contractor company members, participating individuals and their roles on team (manager, supervisor, project lead, etc.), type of work, implementation results or status, examples of work, and other relevant information as needed.
Your proposal should elaborate on all services your company offers, even if not specifically asked for in this RFP. If appropriate, identify the number of staff assigned to each of the service areas and summarize their individual qualifications.
C. Fee Schedule
A fee schedule shall be submitted as a part of this RFP in a separate sealed envelope.
Fee schedules submitted in response to this RFP shall identify rates that are no higher than the Proposer's standard commercial rates for the same services.
Fees submitted may be used as a basis of negotiation with the successful contractor.
Include an hourly rate for each category of employee and fees for applicable direct costs.
No "markup" will be allowed for direct costs.
If applicable, per diem shall be billed at a maximum of the GSA rate, and mileage shall be billed at the IRS mileage rate in place at the time of billing.
No "markup" will be allowed for per diem or mileage. Sub -contractor services are to be billed at cost plus ten percent (10%) maximum. 45 62
COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Brett Fulgoni, Director of Public Works
DATE: August 4, 2026
SUBJECT: Adoption of Resolutions Awarding Seven Professional Services Agreements for On -Call Architectural and Structural Engineering Services
Description:
The City Council will consider adopting Resolutions approving award of On -Call Architecture and Structural Engineering Professional Services Agreements to 4Creeks, Inc.; Andrew Goodwin Designs; BFK Architecture + Planning; Omni Design, Inc.; Roesling Nakamura Terada Architects, Inc.; SGPA Architecture and Planning; and Studio 2G Architects, LLP.
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 4Creeks, Inc. for On -Call Architectural and Structural Engineering Services with an aggregate not -to -exceed fee of $1,000,000 per fiscal years 2026-27 and 2027-28 (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 Andrew Goodwin Designs for On -Call Architectural and Structural Engineering Services with an aggregate not -to -exceed fee of $1,000,000 per fiscal years 2026-27 and 2027-28 (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 BFK Architecture + Planning for On -Call Architectural and Structural Engineering Services with an aggregate not -to -exceed fee of $1,000,000 per fiscal years 2026- 27 and 2027-28 (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 Omni Design, Inc. for On -Call Architectural and Structural Engineering Services with an aggregate not -to -exceed fee of $1,000,000 per fiscal years 2026-27 and 2027-28 (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. Adopt a Resolution awarding a Professional Services Agreement to Roesling Nakamura Terada Architects, Inc. for On -Call Architectural and Structural Engineering Services with an aggregate not -to -exceed fee of $1,000,000 per fiscal years 2026-27 and 2027-28 (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
6. Adopt a Resolution awarding a Professional Services Agreement to SGPA Architecture and Planning for On -Call Architectural and Structural Engineering Services with an aggregate not -to -exceed fee of $1,000,000 per fiscal years 2026- 27 and 2027-28 (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
7. Adopt a Resolution awarding a Professional Services Agreement to Studio 2G Architects, LLP. for On -Call Architectural and Structural Engineering Services with an aggregate not -to -exceed fee of $1,000,000 per fiscal years 2026-27 and 2027- 28 (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
8. Authorize 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 Architecture and Structural Engineering firms. While the City employs Civil Engineers on staff, the City does not have a licensed Architect or Structural Engineer on staff and must hire outside consultants for these services. Having on -call consultants who can provide these services will allow the City to deliver these projects in a timely manner.
DISCUSSION:
On May 26, 2026, a Request for Proposal (RFP) was issued and advertised through the City's e -Procurement Portal, PlanetBids. A total of eleven 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 seven ranked firms chosen are as follows:
Firm and Location
4Creeks, Inc., San Luis Obispo, CA
Andrew Goodwin Designs, San Luis Obispo, CA
BFK Architecture + Planning, Pasadena, CA
Omni Design, Inc., San Luis Obispo, CA
Roesling Nakamura Terada Architects, Inc., San Luis Obispo, CA SGPA Architecture and Planning, San Luis Obispo, CA
Studio 2G Architects, LLP., San Luis Obispo, CA
2 The proposed Professional Services Agreements will be effective for Fiscal Years 2026- 27 and 2027-28. The agreements will be administered by the Public Works Department and may also be utilized by other City departments for approved and funded projects requiring Architecture and Structural Engineering services.
Individual project task orders will be issued based on the firm's expertise, workload capacity, services to be performed, schedule requirements, and hourly rates submitted in their proposal. All task orders will be issued based on an agreed -upon, written scope of work, implementation schedule, and maximum fee arrangement negotiated on a project - by -project basis.
Alternative(s
The City Council may decide not to award these Architecture and Structural Engineering Professional Services Agreements and direct staff to issue RFP's for each project individually. However, this alternative is not recommended as there is a significant backlog of funded projects for which outside Architecture and Structural Engineering Services are required to augment City staff. Further, having pre -approved, on -call, as - needed firms readily available will allow for more efficient and timely delivery of projects as multiple projects can be designed concurrently.
Fiscal Considerations
Fees for On -Call Architecture and Structural Engineering Services will be based on a project -by -project basis and directly charged to individual project budgets. Each project is separately approved and budgeted by City Council. The City is under no obligation to expend any funds under these professional services agreements.
Impact on the Community
Awarding these on -call agreements will enable the City to move forward more efficiently with critical building and facility improvements that directly impact public services and community amenities. Access to qualified architectural and structural engineering professionals will help ensure that projects are well -designed, safe, and responsive to community needs. This approach supports timely project delivery and minimizes service disruptions to residents.
ATTACHMENT(S)
A. Resolution - 4Creeks, Inc.
B. Resolution - Andrew Goodwin Designs
C. Resolution - BFK Architecture + Planning
D. Resolution - Omni Design, Inc.
E. Resolution - Roesling Nakamura Terada Architects, Inc.
F. Resolution - SGPA Architecture and Planning
G. Resolution - Studio 2G Architects, LLP.
H. Agreement - 4Creeks, Inc.
I. Agreement - Andrew Goodwin Designs
J. Agreement - BFK Architecture + Planning
K. Agreement - Omni Design, Inc.
L. Agreement - Roesling Nakamura Terada Architects, Inc M. Agreement - SGPA Architecture and Planning
N. Agreement - Studio 2G Architects, LLP.
3 Attachment A
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MARIA, CALIFORNIA
AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO 4CREEKS, INC. FOR ON -CALL ARCHITECTURAL AND STRUCTURAL
ENGINEERING SERVICES WITH AN AGGREGATE NOT -TO -EXCEED
FEE OF $1,000,000 PER FISCAL YEARS 2026-27 and 2027-28
(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 prompt Architectural and Structural Engineering Professional Services to support municipal facilities, infrastructure improvements, and other City projects; and
WHEREAS, on May 26, 2026, the City issued a Request for Proposal (RFP) for On -Call Construction Management and Inspection Services for projects within the City.
The RFP was issued and advertised through the City's e -Procurement Portal, PlanetBids; and
WHEREAS, on June 10, 2026, the City received eleven proposals from qualified firms interested in providing these services; and
WHEREAS, staff formed a selection committee to independently review and score each firm's proposal based on specific criteria in the RFP; and WHEREAS, following deliberations, the selection committee determined that 4Creeks, Inc. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on -call Architecture and Structural Engineering Services; and WHEREAS, the firm will provide services on an on -call, as -needed, project -specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. Approving a Professional Services Agreement to 4Creeks, Inc. for On -Call Architectural and Structural Engineering Services through June 30, 2028, with an aggregate not -to -exceed fee of $1,000,000 per fiscal years 2026-27 and 2027-28 (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
Attachment A
SECTION 2. The City Manager, or designee, is authorized to execute the Professional Services Agreement on behalf of the City; and SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 4th day of August 2026.
Mayor
ATTEST:
Chief Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT:
Department Director
City Manager
Attachment B
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MARIA, CALIFORNIA,
AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO ANDREW GOODWIN DESIGNS FOR ON -CALL ARCHITECTURAL
AND STRUCTURAL ENGINEERING SERVICES WITH AN AGGREGATE
NOT -TO -EXCEED FEE OF $1,000,000 PER FISCAL YEARS 2026-27 AND 2027-28 (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 prompt Architectural and Structural Engineering Professional Services to support municipal facilities, infrastructure improvements, and other City projects; and
WHEREAS, on May 26, 2026, the City issued a Request for Proposal (RFP) for On -Call Construction Management and Inspection Services for projects within the City. The RFP was issued and advertised through the City's e -Procurement Portal, PlanetBids; and
WHEREAS, on June 10, 2026, the City received eleven proposals from qualified firms interested in providing these services; and
WHEREAS, staff formed a selection committee to independently review and score each firm's proposal based on specific criteria in the RFP; and WHEREAS, following deliberations, the selection committee determined that Andrew Goodwin Designs satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on -call Architecture and Structural Engineering Services; and
WHEREAS, the firm will provide services on an on -call, as -needed, project -specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. A Professional Services Agreement for On -Call Architectural and Structural Engineering Services is awarded to Andrew Goodwin Designs through June 30, 2028, with an aggregate not -to -exceed fee of $1,000,000 per fiscal years 2026-27 and 2027-28 (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
Attachment B
SECTION 2. The City Manager, or designee, is authorized to execute the Professional Services Agreement on behalf of the City; and SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 4th day of August 2026.
Mayor
ATTEST:
Chief Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT:
Department Director
City Manager
Attachment C
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MARIA, CALIFORNIA
AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO BFK ARCHITECTURE + PLANNING FOR ON -CALL
ARCHITECTURAL AND STRUCTURAL ENGINEERING SERVICES
WITH AN AGGREGATE NOT -TO -EXCEED FEE OF $1,000,000
PER FISCAL YEARS 2026-27 AND 2027-28 (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 prompt Architectural and Structural Engineering Professional Services to support municipal facilities, infrastructure improvements, and other City projects; and
WHEREAS, on May 26, 2026, the City issued a Request for Proposal (RFP) for On -Call Construction Management and Inspection Services for projects within the City. The RFP was issued and advertised through the City's e -Procurement Portal, PlanetBids; and
WHEREAS, on June 10, 2026, the City received eleven proposals from qualified firms interested in providing these services; 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 BFK Architecture + Planning satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on -call Architecture and Structural Engineering Services; and WHEREAS, the firm will provide services on an on -call, as -needed, project -specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. A Professional Services Agreement for On -Call Architectural and Structural Engineering Services is awarded to BFK Architecture + Planning through June 30, 2028, with an aggregate not -to -exceed fee of $1,000,000 per fiscal years 2026-27 and 2027-28 (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
Attachment C
SECTION 2. The City Manager or designee is authorized to execute the Professional Services Agreement on behalf of the City; and SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 4th day of August 2026.
Mayor
ATTEST:
Chief Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT:
Department Director
City Manager
Attachment D
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MARIA, CALIFORNIA,
AWARDING A PROFESSIONAL SERVICES AGREEMENT TO
OMNI DESIGN, INC. FOR ON -CALL ARCHITECTURAL AND
STRUCTURAL ENGINEERING SERVICES WITH AN
AGGREGATE NOT -TO -EXCEED FEE OF $1,000,000 PER
FISCAL YEARS 2026-27 AND 2027-28 (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 prompt Architectural and Structural Engineering Professional Services to support municipal facilities, infrastructure improvements, and other City projects; and
WHEREAS, on May 26, 2026, the City issued a Request for Proposal (RFP) for On -Call Construction Management and Inspection Services for projects within the City. The RFP was issued and advertised through the City's e -Procurement Portal, PlanetBids; and
WHEREAS, on June 10, 2026, the City received eleven proposals from qualified firms interested in providing these services; and
WHEREAS, staff formed a selection committee to independently review and score each firm's proposal based on specific criteria in the RFP; and WHEREAS, following deliberations, the selection committee determined that Omni Design, Inc. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on -call Architecture and Structural Engineering Services; and WHEREAS, the firm will provide services on an on -call, as -needed, project -specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. A Professional Services Agreement for On -Call Architectural and Structural Engineering Services is awarded to Omni Design, Inc. through June 30, 2028, with an aggregate not -to -exceed fee of $1,000,000 per fiscal years 2026-27 and 2027-28 (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
Attachment D
SECTION 2. The City Manager, or designee, is authorized to execute the Professional Services Agreement on behalf of the City; and SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 4th day of August 2026.
Mayor
ATTEST:
Chief Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT:
Department Director
City Manager
Attachment E
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MARIA, CALIFORNIA,
AWARDING A PROFESSIONAL SERVICES AGREEMENT TO
ROESLING NAKAMURA TERADA ARCHITECTS, INC. FOR ON -
CALL ARCHITECTURAL AND STRUCTURAL ENGINEERING
SERVICES WITH AN AGGREGATE NOT -TO -EXCEED FEE OF
$1,000,000 PER FISCAL YEARS 2026-27 AND 2027-28 (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 prompt Architectural and Structural Engineering Professional Services to support municipal facilities, infrastructure improvements, and other City projects; and
WHEREAS, on May 26, 2026, the City issued a Request for Proposal (RFP) for On -Call Construction Management and Inspection Services for projects within the City. The RFP was issued and advertised through the City's e -Procurement Portal, PlanetBids; and
WHEREAS, on June 10, 2026, the City received eleven proposals from qualified firms interested in providing these services; and
WHEREAS, staff formed a selection committee to independently review and score each firm's proposal based on specific criteria in the RFP; and WHEREAS, following deliberations, the selection committee determined that Roesling Nakamura Terada Architects, Inc. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on -call Architecture and Structural Engineering Services; and
WHEREAS, the firm will provide services on an on -call, as -needed, project -specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. A Professional Services Agreement for On -Call Architectural and Structural Engineering Services is awarded to Roesling Nakamura Terada Architects, Inc. through June 30, 2028, with an aggregate not -to -exceed fee of $1,000,000 per fiscal years 2026-27 and 2027-28 (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
Attachment E
SECTION 2. The City Manager, or designee, is authorized to execute the Professional Services Agreement on behalf of the City; and SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 4th day of August 2026.
Mayor
ATTEST:
Chief Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT:
Department Director
City Manager
Attachment F
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MARIA, CALIFORNIA,
AWARDING A PROFESSIONAL SERVICES AGREEMENT TO
SGPA ARCHITECTURE AND PLANNING FOR ON -CALL
ARCHITECTURAL AND STRUCTURAL ENGINEERING
SERVICES WITH AN AGGREGATE NOT -TO -EXCEED FEE OF
$1,000,000 PER FISCAL YEARS 2026-27 AND 2027-28 (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 prompt Architectural and Structural Engineering Professional Services to support municipal facilities, infrastructure improvements, and other City projects; and
WHEREAS, on May 26, 2026, the City issued a Request for Proposal (RFP) for On -Call Construction Management and Inspection Services for projects within the City. The RFP was issued and advertised through the City's e -Procurement Portal, PlanetBids; and
WHEREAS, on June 10, 2026, the City received eleven proposals from qualified firms interested in providing these services; 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 SGPA Architecture and Planning satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on -call Architecture and Structural Engineering Services; and
WHEREAS, the firm will provide services on an on -call, as -needed, project -specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. A Professional Services Agreement for On -Call Architectural and Structural Engineering Services is awarded to SGPA Architecture and Planning through June 30, 2028, with an aggregate not -to -exceed fee of $1,000,000 per fiscal years 2026- 27 and 2027-28 (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
Attachment F
SECTION 2. The City Manager, or designee, is authorized to execute the Professional Services Agreement on behalf of the City; and SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 4th day of August 2026.
Mayor
ATTEST:
Chief Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT:
Department Director
City Manager
Attachment G
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MARIA, CALIFORNIA,
AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO STUDIO 2G ARCHITECTS, LLP. FOR ON -CALL ARCHITECTURAL
AND STRUCTURAL ENGINEERING SERVICES WITH AN AGGREGATE
NOT -TO -EXCEED FEE OF $1,000,000 PER FISCAL YEARS 2026-27 AND 2027-28 (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 prompt Architectural and Structural Engineering Professional Services to support municipal facilities, infrastructure improvements, and other City projects; and
WHEREAS, on May 26, 2026, the City issued a Request for Proposal (RFP) for On -Call Construction Management and Inspection Services for projects within the City. The RFP was issued and advertised through the City's e -Procurement Portal, PlanetBids; and
WHEREAS, on June 10, 2026, the City received eleven proposals from qualified firms interested in providing these services; and
WHEREAS, staff formed a selection committee to independently review and score each firm's proposal based on specific criteria in the RFP; and WHEREAS, following deliberations, the selection committee determined that Studio 2G Architects, LLP. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on -call Architecture and Structural Engineering Services; and
WHEREAS, the firm will provide services on an on -call, as -needed, project -specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. A Professional Services Agreement for On -Call Architectural and Structural Engineering Services is awarded to Studio 2G Architects, LLP. through June 30, 2028, with an aggregate not -to -exceed fee of $1,000,000 per fiscal years 2026-27 and 2027-28 (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
Attachment G
SECTION 2. The City Manager, or designee, is authorized to execute the Professional Services Agreement on behalf of the City; and SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 4th day of August 2026.
Mayor
ATTEST:
Chief Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT:
Department Director
City Manager
Attachment H
AGREEMENT FOR SERVICES
This Agreement is made on August 4, 2026 by and between 4Creeks, 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 architecture and structural engineering services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City's Duties. City's duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
2.06. 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. Contractor (as a business entity, including its employees) is a "design professional" as defined by California Civil Code section 2782.8(c)(3).
3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and Atty. Rev. 2025
Attachment H
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
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:
City of Santa Maria — Department of Public Works
Attn: Yoselyn Moreno
110 S. Pine Street, Suite 221
Santa Maria, CA 93458
To Contractor:
4Creeks, Inc.
Attn: Will Ruoff
324 S. Santa Fe Street
Visalia, CA 93292
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.
4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.
4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.
4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.
4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
4.08. Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
4.09. Submittals. In addition to any other submittals required by this agreement, Contractor 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 Atty. Rev. 2025
Attachment H
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: Will Ruoff By: Brett Fulgoni
Director of Architecture Public Works Director
APPROVED AS TO FORM:
City Attorney
Risk Manager
Atty. Rev. 2025
Attachment H
EXHIBIT A
Architectural and Structural Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform architectural and structural engineering professional services on the project types listed above include but are not limited to:
1. Building Design: Professional and efficient development of new construction or renovation plans that successfully resolve a client's space planning and design requirements.
2. Facility/Building Analysis/Existing Conditions Report: Evaluation of an existing building including components such as walls, windows, roofs, floor plans, room layouts, building science audits and equipment resulting in a summary report of the findings.
3. Code Analysis: Project -specific review of applicable codes including building codes, accessibility standards, energy standards, local zoning ordinances, land use plans, and other regulations.
4. Energy -Efficiency Assessments: Review of building components, insulation levels, heating and lighting systems, and operational features to assess current performance levels and opportunities for energy savings.
5. Feasibility Study with Cost Estimating: A report outlining options and associated costs for potential solutions to a stated project goal, for example, change of use for an existing structure.
Often includes basic drawings or sketches explaining the solutions.
6. Space Planning: Graphic study showing arrangement of spaces, room layouts, and activities making up a floor plan. Studies will show room dimensions, shapes, number and types of spaces, and relationships (adjacencies) for all desired spaces. Multiple arrangements can be developed and evaluated for efficiency and functional success.
7. Site Planning: Development of site plan options showing boundary lines, potential development boundaries, building location(s), pedestrian access, sidewalks, parking, landscaping, lighting, surrounding context and other features.
8. Permitting: Production of drawings and permit applications necessary to submit for zoning or building permits. May include formal presentations to review boards or informal negotiation with regulators, zoning/planning administrators, fire marshals, and other officials.
Atty. Rev. 2025
Attachment H
9. Contractor Selection/Construction Administration Assistance: Professional and experienced assistance with the selection of qualified General Contractors or Construction Managers. This may include the preparation of competitive bid packages, review of bids, recommendations for award of bids, preparing owner -contractor agreements, and construction administration.
10. Creative, Artistic & Technological Design: Imaginative, functional and aesthetic solutions to a client's stated needs. Assistance with envisioning new, creative solutions to problems that have been difficult to solve.
Atty. Rev. 2025
Attachment H
Other services provided by architects:
• Historic preservation research, evaluation and design • Existing building measurement; preparation of existing building drawings • As -Built record drawings documenting existing or recently completed work • Master planning research and analysis
• Cost estimating related to design options
• Project information surveys
• Design team and process/integration management
• Conceptual design and regional/cultural context
• Sustainability and energy use/production analysis and design • Water and wastewater use analysis and design
• Project programming, pre -design planning
• Rating system (LEED, WELL, Passive House, etc.) coordination and management • Space utilization, functionality, economic and pre -design analysis • Indoor air quality and interior analysis
• Interior design
• Accessibility reviews and design
• Site selection, studies and design
• Land use analysis and design
• Landscape design
• Specifications writing, bid package preparation
• Contractor coordination and management
• Construction administration, time, cost and quality management • Public hearing and data collection assistance
• Contractor bidding, negotiation, contract and process assistance to the owner • Project -related public agency coordination and management • Illustration rendering and 3D design modeling
Atty. Rev. 2025
Attachment H
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 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 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.
Atty. Rev. 2025
Attachment H
Fee Proposal
PfecriueJutyl, 2028
4Creeks, Inc. Fee Schedule - Professional
Feces are based an the median hoiirtyr pay rote dor employees in each ciossifacatiart. 4CREEKS
plus; indirect costs, overhead,. and profit. These rates ore etre:s.!�.e for one year from the contract execution date. Design n
Ariandtrd 3%ywr-usxer-yew Inchon se is red treated far !his multi -year contract, increasing beginning July1, 2027, Classification
Charges Per
Hour
Classification
Charges Per
Hour
Architectural ServCpas
Peening Services
Associate. Architect
$1111
Assistant Planner
$712
Architect
SIC
Associate Planner
$1&3
SenistArahitect
$120
Planner
iib4
Pikeipal Architect
S1I0
Serf„r Planner
$1111
Principal Planner
$!
CAW Pn$lniering Service*
AssistantEngteer
$114
Prefectl4enager
Associate Engineer
$170
$'12!'
As' SeOci it PI{J6ti.tManager
Engineer
$lib
Associate Prsaject t.Vceraager - Design
SIVA
Senior Engineer
$222
Pfoje Murxlger
SIVA
Preraipatl Engineer
12110
Project Manager - Design
SW
y Engineer
$222
Senior Prajieet Mettvtaet
$202
Principe! Pk
$214
GIS Cervices
Pub& Oudesch Cacrd rtatlan
GIS Technician
$111
I Associate {lutrecichCoordinator
$112
GIS Analyst/De, eloper
$111
Outreach Coordinator
$133
GIS Walloper
$114
Deane Pilot
$1I1
Software hngitter'inp Saserkee
it sistant Software Engineer
Ise
Bent Witness
Associate Software Engineer
$117
Expert Witness
SEIM
Solheare Engineer
S14i
Senior Software Engineer
$TTI
Land Strew kg Zemke*
Structural 1nglrtesrG►g Services
Assistant Steveyor
$1I
Associate Structural Engineer
SIM.i
Associate Surveyor
$114
Slrructural Engineer
$i7I
Lrerrtl Slimei+ar
Sell
Senior Structural Engineer
$202
Senior Surveyor
1201
Principal Struriural Engineer
$221
Prirwtipal Land Surveyor
$2.47
Senior Survey Mareager
$170
TetMictilServices
1 -Alan, Survey Crew +
$III
Project Technician I
$111
2 -titan, Sunray Crew •
S277
Project Technician II
$117
3-Flan,Survey Crew .
$773.
Project Technician In
ST44
Project. Technician IV
$141
1 -Afar, Survey Crew -FreirtofrrlaretTuolt.r'rvui
11I
1-Meon,Survey Crew -KernfKinge
$1117
Utilitpbcaig tvirYlcie
Associate Utility Designer
$174
2-AiartSurvey Crew -FreinolTrlartiffuolui-me
$411
UtilityISesijreerr
$163
2 -Afar! Survey Crew a Kern f Kings
*IIi.
Senior Utility Designer
$146
s-tlan, Survey Crew - Freer of Tulare f fuolurrsne
SIM
WhewCeroneulling Services
3-Aian, Survey Crime = Kerrt/Kings
$Ibi.
Associate Water Consultant
$121
Water Consultant
$146
Swim Water Consultant
$161
Principal Water ConsuItarti
5223
Direct Charger
At cost pins fifteen percent 0596):
• Transportation and per -diem expenses (auto rndeage current IRS rate; off -rood ciharges $5Q.00/day) • Printing and reproduction. $0.03 per b/w copy, $0.12 per onion copy, 50.80 per sq. ft. large printing • Equipment rental's, subcontractors. ttaboratary analyses *Prevailing wade rates are su'blect to change boxed an the DIP updates.
Atty. Rev. 2025
Attachment H
EXHIBIT C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
Atty. Rev. 2025
Attachment H
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:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 0413 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City.
All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return -receipt requested.
4. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims -made coverage:
a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, the 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 Atty. Rev. 2025
Attachment H
to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Atty. Rev. 2025
Attachment H
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.qov/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 Atty. Rev. 2025
Attachment H
shall apply to this Agreement on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rates expires during the life of this Agreement, such wage rate shall apply to the balance of the Agreement.
2. Penalties for Violations. The CONTRACTOR and all subcontractors shall comply with California Labor Code section 1775 in the event a worker is paid less than the prevailing wage rate for the work or craft in which the worker is employed. This shall be in addition to any other applicable penalties allowed under California Labor Code sections 1720 through 1861.
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 1'/z 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 Atty. Rev. 2025
Attachment H
directed by the DIR, pursuant to California Labor Code section 1727.
9. CONTRACTOR and Subcontractor Registration Requirements. The CONTRACTOR and all subcontractors shall not engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5 CONTRACTOR certifies that the CONTRACTOR has verified that all CONTRACTOR and all subcontractors (if any approved by City) used on this project are registered with the DIR in compliance with California Labor Code sections 1771.1 and 1725.5. The CONTRACTOR shall provide proof of registration for themselves and all listed subcontractors to the City at the time of signature of contract and immediately upon any changes or City's request.
10. Stop Order. Where a CONTRACTOR or subcontractor engages in the performance of any public work contract without having been registered in violation of California Labor Code sections 1725.5 or 1771.1, the Labor Commissioner must issue and serve a stop order prohibiting the use of the unregistered CONTRACTOR or subcontractor on ALL public works until the unregistered CONTRACTOR or subcontractor is registered. Failure to observe a stop order is a misdemeanor.
Atty. Rev. 2025
Attachment I
AGREEMENT FOR SERVICES
This Agreement is made on August 4, 2026, by and between Andrew Goodwin, 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 architecture and structural engineering services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City's Duties. City's duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
2.06. 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. Contractor (as a business entity, including its employees) is a "design professional" as defined by California Civil Code section 2782.8(c)(3).
3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and Atty. Rev. 2025
Attachment I
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
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:
City of Santa Maria — Department of Public Works
Attn: Yoselyn Moreno
110 S. Pine Street, Suite 221
Santa Maria, CA 93458
To Contractor:
Andrew Goodwin Designs
Attn: Andrew Goodwin
1238 Monterey Street
San Luis Obispo, CA 93401
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.
4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.
4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.
4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.
4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
4.08. Severability. The provisions of this agreement are severable. If any part 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 Atty. Rev. 2025
Attachment I
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: Andrew Goodwin By: Brett Fulgoni
Owner Public Works Director
APPROVED AS TO FORM:
City Attorney
Risk Manager
Atty. Rev. 2025
Attachment I
EXHIBIT A
Architectural and Structural Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform architectural and structural engineering professional services on the project types listed above include but are not limited to:
1. Building Design: Professional and efficient development of new construction or renovation plans that successfully resolve a client's space planning and design requirements.
2. Facility/Building Analysis/Existing Conditions Report: Evaluation of an existing building including components such as walls, windows, roofs, floor plans, room layouts, building science audits and equipment resulting in a summary report of the findings.
3. Code Analysis: Project -specific review of applicable codes including building codes, accessibility standards, energy standards, local zoning ordinances, land use plans, and other regulations.
4. Energy -Efficiency Assessments: Review of building components, insulation levels, heating and lighting systems, and operational features to assess current performance levels and opportunities for energy savings.
5. Feasibility Study with Cost Estimating: A report outlining options and associated costs for potential solutions to a stated project goal, for example, change of use for an existing structure.
Often includes basic drawings or sketches explaining the solutions.
6. Space Planning: Graphic study showing arrangement of spaces, room layouts, and activities making up a floor plan. Studies will show room dimensions, shapes, number and types of spaces, and relationships (adjacencies) for all desired spaces. Multiple arrangements can be developed and evaluated for efficiency and functional success.
7. Site Planning: Development of site plan options showing boundary lines, potential development boundaries, building location(s), pedestrian access, sidewalks, parking, landscaping, lighting, surrounding context and other features.
8. Permitting: Production of drawings and permit applications necessary to submit for zoning or building permits. May include formal presentations to review boards or informal negotiation with regulators, zoning/planning administrators, fire marshals, and other officials.
Atty. Rev. 2025
Attachment I
9. Contractor Selection/Construction Administration Assistance: Professional and experienced assistance with the selection of qualified General Contractors or Construction Managers. This may include the preparation of competitive bid packages, review of bids, recommendations for award of bids, preparing owner -contractor agreements, and construction administration.
10. Creative, Artistic & Technological Design: Imaginative, functional and aesthetic solutions to a client's stated needs. Assistance with envisioning new, creative solutions to problems that have been difficult to solve.
Atty. Rev. 2025
Attachment I
Other services provided by architects:
• Historic preservation research, evaluation and design • Existing building measurement; preparation of existing building drawings • As -Built record drawings documenting existing or recently completed work • Master planning research and analysis
• Cost estimating related to design options
• Project information surveys
• Design team and process/integration management
• Conceptual design and regional/cultural context
• Sustainability and energy use/production analysis and design • Water and wastewater use analysis and design
• Project programming, pre -design planning
• Rating system (LEED, WELL, Passive House, etc.) coordination and management • Space utilization, functionality, economic and pre -design analysis • Indoor air quality and interior analysis
• Interior design
• Accessibility reviews and design
• Site selection, studies and design
• Land use analysis and design
• Landscape design
• Specifications writing, bid package preparation
• Contractor coordination and management
• Construction administration, time, cost and quality management • Public hearing and data collection assistance
• Contractor bidding, negotiation, contract and process assistance to the owner • Project -related public agency coordination and management • Illustration rendering and 3D design modeling
Atty. Rev. 2025
Attachment I
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 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 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.
Atty. Rev. 2025
Attachment I
AGD
ARCHITECTURE I DESIGN
ANDREW OOD I DESIGNS
DESIGN V ARCHITECTURE I PLANNING
RATE SCHEDULE SHEET— 2026
OFFICE RATES AND BILLING PROCEEDURES
(Far Additional Work beyond Efforts as Described in Project's Scope OfWork] Effective 01/01/2026
_CYEE
ES t1/2 hour min
Principal Architect
Senior Architect
Architect
Project Manager/Senior Designer
Senior Jab Captain
Job Captain
Design Professional
Rendering and Visualization
Clerical
Accountant
:$245.00
$x-00
$175.00
$170.00
$160.00
$150_[10
:$125.00
$125.00
$110.00
$110.00
MILEAGE RATE Current Federal Rate
EPPOD JC`
CONS
f aN COS''
Reproduction/Copies $ 1.00 (8'4x11-12x'I8M
Larger Format Printing Actual Invoice plus 1
ANT FEES
The fees charged by all consultants used by our company will be charged al the actual coast plus. 15% to cover overhead and [rdminislrative expenses.
BILLING AND PAYMENTS
Billing will be made on a monthly boasts unless arranged otherwise. Payments are due and payable on presentation_ interest payments at Ihe rate ,of 2% per month wip be charged on balances which are more Phan 30 days post due.
RATE SCH EDULE 11
Atty. Rev. zuL5
Attachment I
EXHIBIT A
Standard Billing Rates
Engineering, Design & Support Services:
Assistant Designer{Technician. _. ..... _$133
DesignerfTechnician I -IV. _._ _________.__ .._._....x.___$137/$147/$157/$167 Senior Des ignerftechnician I III $178/$185/$192
GIS Technical Specialist_ $172
Senior GIS Tech nica I Specialist._ $184
Associate Engineer I - III._ _._._._.............._.__._._._._._._._...._._._._._._.___._._....._._._._._._._._ $145/$155/$165 Engineer I - IV .............k_. W�._��._,_._._.._...
Senior Engineer I
Director._._.__.
Principal (Engineer/Consulting Engineer...............s Principal $290
Surveying Services:
Party ChieiG...._. .........
Party Chief (*Prevailing Wage)._._._.,
Instrument Person -.-•-•-.-.-.-•--------- -----.
$184/$189/5194/$199
$217/$22.5/5232
$236
$197
$250
$138
Instrument Person (*Prevailing Wage) ......................._ $150 Associate Survey Technician _ $130
Survey Technician I - I' ._ $145/S150/$16a/S165
Land Surveyor I - IIL_._._.__ dddd.._..___d ._ e_ ._.___.$176./S186/ 196 Senior Land Surveyor I -III
Principal Surveyor..._. d _d _.$264
Principal._.._.__ _._._.___,__._...........................__._.._._._..._,__. $290 Landscape Architecture Services:
Associate Landscape Designer I - II ..
Designer I - I ..................... d_._,_..............
Landscape Architect I IV.°ee_. _.__
Senior Landscape A rch itect I - I I I .......
Director._._._.____._._
Principal Landscape Architect.
Principal
$114/S124
$129/$134/$139/$144
e___._._.$174/S179/$184
$202
$222
$290
Support Services:
Office Assistant ................. ...... ............. 8125 Project Assistant I III .................................................. $135/$14(}/$150( MilelMil
mgA
1WALLACE CROUP..
*Prevailing Wage:
State established prevailing wage rates will apply to some services based on state law, prevailing wage rates are subject to charge over time and geographic location.
Atty. Ri
RATE SCHEDULE I 2
Attachment I
Fees for expert witness preparation, testimony, court appearances, or depositions will be billed at the rate of $400 an hour. If required to meet schedule requests, overtime on a project will be billed at 1.5 times the employee's typical hourly rate.
Direct Expenses:
Direct expenses wi�Ll be invoiced to the client and a handling charge of 15% may be added.
Sample direct expenses include, but are not limited to the following:
• travel expenses
• delivery/copy services
• sub -consultant services • agency fees
• mileage (per IRS rates) • other direct expenses
Invoicing and Interest Charges:
Invoices are submitted monthly on an accrued cost basis. A finance charge of 1,5% per month may be assessed on all balances that are thirty days past due.
Atty. R(
Attachment I
&v
ATTACHMENT FEE SCHEDULE
Hourly Rates
As of January 1, 2026, rates for Structrral Engineering services in the San Luis Obispo office shall be:
Hourly Billing Rates
PrincipaI Engineer
$265
Senior Engineer
$225
Project Engineer
S185
Design Engineer
S160
Engineering Tech
S110
Office/Clerical
$110
Deposition/Trial Testimony
$585
Billing
All invoices are billed on a monthly basis, due and payable upon receipt. A 1 % monthly finance charge may be
assessed for payments greater than 30 days past due.
Ashley & Vance Engineering„ Inc. may suspend services
until account is brought current.
CITY OF SANTA MARIA Can -Call Professional Services
Atty. Rev. 2025
Expense Reimbursement Rates
Reproduction, Packing,
& Shipping
t Cost.
Commercial Travel
At Cost
Automobile Travel
Published IRS
Rate
Ac omodations/Suixsistence
Published GSA
Rate
8ubcansu ltants
Coat + 10%
Insurance
Ashley & Vance Engineering, Inc. carries professional, auto, workers compensation, and general [lability insurance.
Certificates will be issued upon request.
RATE SCHEDULE I 4•
Attachment I
EXHIBIT C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
Atty. Rev. 2025
Attachment I
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:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 0413 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City.
All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return -receipt requested.
4. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims -made coverage:
a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, the 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 Atty. Rev. 2025
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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.
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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 Atty. Rev. 2025
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shall apply to this Agreement on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rates expires during the life of this Agreement, such wage rate shall apply to the balance of the Agreement.
2. Penalties for Violations. The CONTRACTOR and all subcontractors shall comply with California Labor Code section 1775 in the event a worker is paid less than the prevailing wage rate for the work or craft in which the worker is employed. This shall be in addition to any other applicable penalties allowed under California Labor Code sections 1720 through 1861.
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 1'/z 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 Atty. Rev. 2025
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directed by the DIR, pursuant to California Labor Code section 1727.
9. CONTRACTOR and Subcontractor Registration Requirements. The CONTRACTOR and all subcontractors shall not engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5 CONTRACTOR certifies that the CONTRACTOR has verified that all CONTRACTOR and all subcontractors (if any approved by City) used on this project are registered with the DIR in compliance with California Labor Code sections 1771.1 and 1725.5. The CONTRACTOR shall provide proof of registration for themselves and all listed subcontractors to the City at the time of signature of contract and immediately upon any changes or City's request.
10. Stop Order. Where a CONTRACTOR or subcontractor engages in the performance of any public work contract without having been registered in violation of California Labor Code sections 1725.5 or 1771.1, the Labor Commissioner must issue and serve a stop order prohibiting the use of the unregistered CONTRACTOR or subcontractor on ALL public works until the unregistered CONTRACTOR or subcontractor is registered. Failure to observe a stop order is a misdemeanor.
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AGREEMENT FOR SERVICES
This Agreement is made on August 4, 2026, by and between BFK Architecture + Planning, a California S -Corporation ("Contractor") and the City of Santa Maria, a California Municipal Corporation and charter city ("City"), in Santa Maria, California, based on the following recitals:
WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City 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 architecture and structural engineering services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City's Duties. City's duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
2.06. 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. Contractor (as a business entity, including its employees) is a "design professional" as defined by California Civil Code section 2782.8(c)(3).
3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and Atty. Rev. 2025
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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
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:
City of Santa Maria — Department of Public Works
Attn: Yoselyn Moreno
110 S. Pine Street, Suite 221
Santa Maria, CA 93458
To Contractor:
BFK Architecture + Planning
Attn: Brian F. Knight
1337 Lida Street
Pasadena, CA 91103
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 Atty. Rev. 2025
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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: Brian Knight By: Brett Fulgoni
President/CEO Public Works Director
APPROVED AS TO FORM:
City Attorney
Risk Manager
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EXHIBIT A
Architectural and Structural Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform architectural and structural engineering professional services on the project types listed above include but are not limited to:
1. Building Design: Professional and efficient development of new construction or renovation plans that successfully resolve a client's space planning and design requirements.
2. Facility/Building Analysis/Existing Conditions Report: Evaluation of an existing building including components such as walls, windows, roofs, floor plans, room layouts, building science audits and equipment resulting in a summary report of the findings.
3. Code Analysis: Project -specific review of applicable codes including building codes, accessibility standards, energy standards, local zoning ordinances, land use plans, and other regulations.
4. Energy -Efficiency Assessments: Review of building components, insulation levels, heating and lighting systems, and operational features to assess current performance levels and opportunities for energy savings.
5. Feasibility Study with Cost Estimating: A report outlining options and associated costs for potential solutions to a stated project goal, for example, change of use for an existing structure.
Often includes basic drawings or sketches explaining the solutions.
6. Space Planning: Graphic study showing arrangement of spaces, room layouts, and activities making up a floor plan. Studies will show room dimensions, shapes, number and types of spaces, and relationships (adjacencies) for all desired spaces. Multiple arrangements can be developed and evaluated for efficiency and functional success.
7. Site Planning: Development of site plan options showing boundary lines, potential development boundaries, building location(s), pedestrian access, sidewalks, parking, landscaping, lighting, surrounding context and other features.
8. Permitting: Production of drawings and permit applications necessary to submit for zoning or building permits. May include formal presentations to review boards or informal negotiation with regulators, zoning/planning administrators, fire marshals, and other officials.
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9. Contractor Selection/Construction Administration Assistance: Professional and experienced assistance with the selection of qualified General Contractors or Construction Managers. This may include the preparation of competitive bid packages, review of bids, recommendations for award of bids, preparing owner -contractor agreements, and construction administration.
10. Creative, Artistic & Technological Design: Imaginative, functional and aesthetic solutions to a client's stated needs. Assistance with envisioning new, creative solutions to problems that have been difficult to solve.
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Other services provided by architects:
• Historic preservation research, evaluation and design • Existing building measurement; preparation of existing building drawings • As -Built record drawings documenting existing or recently completed work • Master planning research and analysis
• Cost estimating related to design options
• Project information surveys
• Design team and process/integration management
• Conceptual design and regional/cultural context
• Sustainability and energy use/production analysis and design • Water and wastewater use analysis and design
• Project programming, pre -design planning
• Rating system (LEED, WELL, Passive House, etc.) coordination and management • Space utilization, functionality, economic and pre -design analysis • Indoor air quality and interior analysis
• Interior design
• Accessibility reviews and design
• Site selection, studies and design
• Land use analysis and design
• Landscape design
• Specifications writing, bid package preparation
• Contractor coordination and management
• Construction administration, time, cost and quality management • Public hearing and data collection assistance
• Contractor bidding, negotiation, contract and process assistance to the owner • Project -related public agency coordination and management • Illustration rendering and 3D design modeling
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EXHIBIT B
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Order will be issued for each task not 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.
II I. 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.
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BFK
AR-CMITECTURE + PLANNING
tMALL fUsIKE55 €N TEAOItls
COST PROPSP
ON -CALL ARCHITECTURAL & STRUCTURAL ENGINEERING SERVICES
CITY OF SANTA MARIA
COST PROPOSAL
BFK Architecture + Planning has structured its fee proposal to reflect the on•call, task -order nature of this contract Hourly billing rates presented herein are inclusive of all overhead, profit, and general and administrative costs_ No additional markups will be applied to subconsultant fees beyond the rate schedule provided_ For each task order issued by the City, BFK will prepare a letter proposal identifying the specific scope, personnel, estimated hours by classification, and any anticipated reimbursable or subconsultant costs, all subject to the City's written authorization prior to commencement of work_ BFK is committed to delivering maximum value within the City's budget constraints and will work collaboratively with City staff to scope each task efficiently and transparently_ BFK Architecture + Planning: Architect of Record
Principal/Project Management ........ ..... ... ............... ...... ............ .._._._._._.._._.._............ .... _._._.$25D per hour Project Architect_.._.._...._._._._:_......................_._._._.._._.._.._.._......_....-.-.-•---._.._.._.._.._.._._.._._._.$220 per hour Project 13esigner._.._......._._._._._............ ......... _._._._._._.._................ _._._._._._.._.._.._.._...._._._._.$20D per hour IMEG: Structural, Civil S MEP Engineering
Principal ._._.._._....._._.._...._._._._.._....................._ $325 per hour Associate Principal _._._._._._ ._._.._._.._.._.._._._._.___.._._____....____....................•----...____._.$280 per hour Project Manager..............._._._._._.._.._._....._...._._._._..,...._.........._.............._........_.._......._....$26D per hour Senior Project Engineer .._._.._..................._._._.__...._____....____....____..._..____._..____...._____...$24S per hour Project Engineer _.._.._.._._._._._._._ .................._ $220 per hour Design Engineer _ .... ... ........-_.---..... ....... .... . ....... ...... ...... ....... .$184 per hour REVIT/CAD Manager ._._._.._.....___..__...._.._._._.____.._._____._..____...._--_.._.._---....____..._______.$225 per hour Rider Lovett Bucknall: Cost Estimating
Associate_._._......._.........._._._._...................._..._._._._:_._.............._..._._._._._...._._.........._.._._._.$23D per hour Senior Cost Manager._._._._._._.__._._.._....._.._._._._._._._.._._..__.__.._._._._._._._.._.._.._.__._._._._._.$20D per hour CostManager ........ ......... _._._._._._................. _._._._._._._.._................ _._._._._._.._...... ..__._._._._._.$17S per hour Cost Estimator/Assistant._._._._................_._._._._._._.._.._.._._.__.._._._._._._._.._.._.._..__._._._._._.$125 per hour Earth Sys G.eotechnlcal Engineering
Associate Professional
Project Professional_.
F7€I{ ARCHITECTURE * PLANNING .1337 LIDA. `;TPEET. P'ASA13ENA. CA `311:73 • (626) 423-DISQ Atty. Rev. 2025
$24D per hour
$2DD per hour
2 Attachment J
EXHIBIT C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
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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:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City.
All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return -receipt requested.
4. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
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 Atty. Rev. 2025
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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.
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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
htto:// 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 Atty. Rev. 2025
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expiration dates occur during the life of this Agreement, each successive predetermined wage rate shall apply to this Agreement on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rates expires during the life of this Agreement, such wage rate shall apply to the balance of the Agreement.
2. Penalties for Violations. The CONTRACTOR and all subcontractors shall comply with California Labor Code section 1775 in the event a worker is paid less than the prevailing wage rate for the work or craft in which the worker is employed. This shall be in addition to any other applicable penalties allowed under California Labor Code sections 1720 through 1861.
3. Payroll Records. The CONTRACTOR and all subcontractors shall comply with California Labor Code section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. The CONTRACTOR shall require all subcontractors to also comply with section 1776. The CONTRACTOR and all subcontractors shall furnish records specified in section 1776 on a monthly basis, both to the City and directly to the Labor Commissioner in the manner required by California Labor Code section 1771.4. The CONTRACTOR shall ensure its subcontractors prepare and submit payroll records to the City and the DIR as required by this section. The City may require the CONTRACTOR and its subcontractors to prepare and submit records specified in section 1776 to the City and the Labor Commissioner on a weekly basis, at no additional cost to the City.
4. Apprentices. The CONTRACTOR and all subcontractors shall comply with California Labor Code sections 1777.5, 1777.6 and 1777.7 concerning the employment and wages of apprentices.
The CONTRACTOR is responsible for compliance with this section for all apprenticeable occupations pursuant to California Labor Code section 1777.5(n).
5. Working Hours. The CONTRACTOR and all subcontractors shall comply with California Labor Code sections 1810 through 1815, including but not limited to: (i) restrict working hours on public works contracts to eight hours a day and forty hours a week, unless all hours worked in excess of 8 hours per day are compensated at not less than 11/2 times the basic rate of pay; and (ii) specify penalties to be imposed on CONTRACTORs and subcontractors of $25 per worker per day for each day the worker works more than 8 hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.
6. Required Provisions for Subcontracts. The CONTRACTOR shall include, at a minimum, a copy of the following provisions in any contract they enter into with a subcontractor: California Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860 and 1861.
7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the CONTRACTOR is required to secure the payment of compensation of its 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 Atty. Rev. 2025
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enforcement by the DIR. The City must withhold contract payments from the CONTRACTOR as directed by the DIR, pursuant to California Labor Code section 1727.
9. CONTRACTOR and Subcontractor Registration Requirements. The CONTRACTOR and all subcontractors shall not engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5 CONTRACTOR certifies that the CONTRACTOR has verified that all CONTRACTOR and all subcontractors (if any approved by City) used on this project are registered with the DIR in compliance with California Labor Code sections 1771.1 and 1725.5. The CONTRACTOR shall provide proof of registration for themselves and all listed subcontractors to the City at the time of signature of contract and immediately upon any changes or City's request.
10.Stop Order. Where a CONTRACTOR or subcontractor engages in the performance of any public work contract without having been registered in violation of California Labor Code sections 1725.5 or 1771.1, the Labor Commissioner must issue and serve a stop order prohibiting the use of the unregistered CONTRACTOR or subcontractor on ALL public works until the unregistered CONTRACTOR or subcontractor is registered. Failure to observe a stop order is a misdemeanor.
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Attachment K
AGREEMENT FOR SERVICES
This Agreement is made on August 4, 2026, 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 parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.
2.02. Services to be Performed. Contractor shall determine the method, details and means of providing on -call architecture and structural engineering services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City's Duties. City's duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
2.06. 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. Contractor (as a business entity, including its employees) is a "design professional" as defined by California Civil Code section 2782.8(c)(3).
3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and Atty. Rev. 2025
Attachment K
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
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:
City of Santa Maria — Department of Public Works
Attn: Yoselyn Moreno
110 S. Pine Street, Suite 221
Santa Maria, CA 93458
To Contractor:
Omni Design, Inc.
Attn: Juan Pablo Cal y Mayor
1326 Chorro Street
San Luis Obispo, CA 93401
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.
4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.
4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.
4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.
4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
4.08. Severability. The provisions of this agreement are severable. If any part 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 Atty. Rev. 2025
Attachment K
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: Juan Pablo Cal y Mayor By: Brett Fulgoni
CEO Public Works Director
APPROVED AS TO FORM:
City Attorney
Risk Manager
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Attachment K
EXHIBIT A
Architectural and Structural Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform architectural and structural engineering professional services on the project types listed above include but are not limited to:
1. Building Design: Professional and efficient development of new construction or renovation plans that successfully resolve a client's space planning and design requirements.
2. Facility/Building Analysis/Existing Conditions Report: Evaluation of an existing building including components such as walls, windows, roofs, floor plans, room layouts, building science audits and equipment resulting in a summary report of the findings.
3. Code Analysis: Project -specific review of applicable codes including building codes, accessibility standards, energy standards, local zoning ordinances, land use plans, and other regulations.
4. Energy -Efficiency Assessments: Review of building components, insulation levels, heating and lighting systems, and operational features to assess current performance levels and opportunities for energy savings.
5. Feasibility Study with Cost Estimating: A report outlining options and associated costs for potential solutions to a stated project goal, for example, change of use for an existing structure.
Often includes basic drawings or sketches explaining the solutions.
6. Space Planning: Graphic study showing arrangement of spaces, room layouts, and activities making up a floor plan. Studies will show room dimensions, shapes, number and types of spaces, and relationships (adjacencies) for all desired spaces. Multiple arrangements can be developed and evaluated for efficiency and functional success.
7. Site Planning: Development of site plan options showing boundary lines, potential development boundaries, building location(s), pedestrian access, sidewalks, parking, landscaping, lighting, surrounding context and other features.
8. Permitting: Production of drawings and permit applications necessary to submit for zoning or building permits. May include formal presentations to review boards or informal negotiation with regulators, zoning/planning administrators, fire marshals, and other officials.
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Attachment K
9. Contractor Selection/Construction Administration Assistance: Professional and experienced assistance with the selection of qualified General Contractors or Construction Managers. This may include the preparation of competitive bid packages, review of bids, recommendations for award of bids, preparing owner -contractor agreements, and construction administration.
10. Creative, Artistic & Technological Design: Imaginative, functional and aesthetic solutions to a client's stated needs. Assistance with envisioning new, creative solutions to problems that have been difficult to solve.
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Attachment K
Other services provided by architects:
• Historic preservation research, evaluation and design • Existing building measurement; preparation of existing building drawings • As -Built record drawings documenting existing or recently completed work • Master planning research and analysis
• Cost estimating related to design options
• Project information surveys
• Design team and process/integration management
• Conceptual design and regional/cultural context
• Sustainability and energy use/production analysis and design • Water and wastewater use analysis and design
• Project programming, pre -design planning
• Rating system (LEED, WELL, Passive House, etc.) coordination and management • Space utilization, functionality, economic and pre -design analysis • Indoor air quality and interior analysis
• Interior design
• Accessibility reviews and design
• Site selection, studies and design
• Land use analysis and design
• Landscape design
• Specifications writing, bid package preparation
• Contractor coordination and management
• Construction administration, time, cost and quality management • Public hearing and data collection assistance
• Contractor bidding, negotiation, contract and process assistance to the owner • Project -related public agency coordination and management • Illustration rendering and 3D design modeling
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Attachment K
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 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 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.
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Attachment K
ODI
2026 FEE SCHEDULE
PROFESSIONAL ADMINISTRATIVE SERVICES
Principal Architect/Engineer/Surveyor
Project Manager Engineering
Project Manager Architecture/Surveyor
Architect/Engineer/Surveyor Level III
Architect/Engineer/Surveyor Level II
Archltect/Engineer/Surveyor Level I
Clerical
CAD
Draftsman
FIELD/ SITE SERVICES
QS P StormVs/ater Inspection
Field Monitoring Services
1 Person SurveyCrew - Party Chief
2 Person Survey/GP5/Field Survey Crew
1 -Person Prevailing Wage Survey/GPS/Field Survey Crew
2 -Person PrevaiIngWage Survey/GPS/Field Survey Crew
• Minimum Field survey lime shall be four (4) hours_
• Standard Mileage rate k 0.82 per business mile.
PER HOUR
$231
$189
$179
$147
$136
$126
5 $126
$180
$180
1,168
$295
$245
$425
OMNI DESIGN
Ardiiit+eCtUre . Engineering . Surveying
PRINTING CHARGES/UNIT COST EACH
24X36 Bond Plots -$5.00, 30x42 Bond Plats -$7.50, 8.5x1 1 Copies -$0.25,11 x17 Copies -$0.50, Mylar Plot -$10.0[1 All bilk are due aril payable upon receipt, past due alter (30) days from the date of invoicing. A finance charge of 1.5 per month (18 annum) will be assessed on all balances that are thirty days past due. 285 Souith Street, Suite l San Luis Obspo, CA 93401
`nfoPomnidesign.us +1 (B05) 5449700
www_omriidesign.us
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Attachment K
EXHIBIT C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
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Attachment K
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:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 0413 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City.
All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return -receipt requested.
4. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims -made coverage:
a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, the 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 Atty. Rev. 2025
Attachment K
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.
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Attachment K
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.qov/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 Atty. Rev. 2025
Attachment K
shall apply to this Agreement on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rates expires during the life of this Agreement, such wage rate shall apply to the balance of the Agreement.
2. Penalties for Violations. The CONTRACTOR and all subcontractors shall comply with California Labor Code section 1775 in the event a worker is paid less than the prevailing wage rate for the work or craft in which the worker is employed. This shall be in addition to any other applicable penalties allowed under California Labor Code sections 1720 through 1861.
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 1'/z 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 Atty. Rev. 2025
Attachment K
directed by the DIR, pursuant to California Labor Code section 1727.
9. CONTRACTOR and Subcontractor Registration Requirements. The CONTRACTOR and all subcontractors shall not engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5 CONTRACTOR certifies that the CONTRACTOR has verified that all CONTRACTOR and all subcontractors (if any approved by City) used on this project are registered with the DIR in compliance with California Labor Code sections 1771.1 and 1725.5. The CONTRACTOR shall provide proof of registration for themselves and all listed subcontractors to the City at the time of signature of contract and immediately upon any changes or City's request.
10. Stop Order. Where a CONTRACTOR or subcontractor engages in the performance of any public work contract without having been registered in violation of California Labor Code sections 1725.5 or 1771.1, the Labor Commissioner must issue and serve a stop order prohibiting the use of the unregistered CONTRACTOR or subcontractor on ALL public works until the unregistered CONTRACTOR or subcontractor is registered. Failure to observe a stop order is a misdemeanor.
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Attachment L
AGREEMENT FOR SERVICES
This Agreement is made on August 4, 2026, by and between Roesling Nakamura Terada Architects, 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 architecture and structural engineering services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City's Duties. City's duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
2.06. 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. Contractor (as a business entity, including its employees) is a "design professional" as defined by California Civil Code section 2782.8(c)(3).
3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and Atty. Rev. 2025
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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
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:
City of Santa Maria — Department of Public Works
Attn: Yoselyn Moreno
110 S. Pine Street, Suite 221
Santa Maria, CA 93458
To Contractor:
Roesling Nakamura Terada Architects, Inc.
Attn: Ansgar Killing
285 N. Ventura Avenue
Ventura, CA 93001
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.03. Integration. This agreement constitutes the entire agreement of the parties with 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 Atty. Rev. 2025
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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: Chris Bradbury By: Brett Fulgoni
Principal Public Works Director
APPROVED AS TO FORM:
City Attorney
Risk Manager
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EXHIBIT A
Architectural and Structural Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform architectural and structural engineering professional services on the project types listed above include but are not limited to:
1. Building Design: Professional and efficient development of new construction or renovation plans that successfully resolve a client's space planning and design requirements.
2. Facility/Building Analysis/Existing Conditions Report: Evaluation of an existing building including components such as walls, windows, roofs, floor plans, room layouts, building science audits and equipment resulting in a summary report of the findings.
3. Code Analysis: Project -specific review of applicable codes including building codes, accessibility standards, energy standards, local zoning ordinances, land use plans, and other regulations.
4. Energy -Efficiency Assessments: Review of building components, insulation levels, heating and lighting systems, and operational features to assess current performance levels and opportunities for energy savings.
5. Feasibility Study with Cost Estimating: A report outlining options and associated costs for potential solutions to a stated project goal, for example, change of use for an existing structure.
Often includes basic drawings or sketches explaining the solutions.
6. Space Planning: Graphic study showing arrangement of spaces, room layouts, and activities making up a floor plan. Studies will show room dimensions, shapes, number and types of spaces, and relationships (adjacencies) for all desired spaces. Multiple arrangements can be developed and evaluated for efficiency and functional success.
7. Site Planning: Development of site plan options showing boundary lines, potential development boundaries, building location(s), pedestrian access, sidewalks, parking, landscaping, lighting, surrounding context and other features.
8. Permitting: Production of drawings and permit applications necessary to submit for zoning or building permits. May include formal presentations to review boards or informal negotiation with regulators, zoning/planning administrators, fire marshals, and other officials.
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9. Contractor Selection/Construction Administration Assistance: Professional and experienced assistance with the selection of qualified General Contractors or Construction Managers. This may include the preparation of competitive bid packages, review of bids, recommendations for award of bids, preparing owner -contractor agreements, and construction administration.
10. Creative, Artistic & Technological Design: Imaginative, functional and aesthetic solutions to a client's stated needs. Assistance with envisioning new, creative solutions to problems that have been difficult to solve.
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Other services provided by architects:
• Historic preservation research, evaluation and design • Existing building measurement; preparation of existing building drawings • As -Built record drawings documenting existing or recently completed work • Master planning research and analysis
• Cost estimating related to design options
• Project information surveys
• Design team and process/integration management
• Conceptual design and regional/cultural context
• Sustainability and energy use/production analysis and design • Water and wastewater use analysis and design
• Project programming, pre -design planning
• Rating system (LEED, WELL, Passive House, etc.) coordination and management • Space utilization, functionality, economic and pre -design analysis • Indoor air quality and interior analysis
• Interior design
• Accessibility reviews and design
• Site selection, studies and design
• Land use analysis and design
• Landscape design
• Specifications writing, bid package preparation
• Contractor coordination and management
• Construction administration, time, cost and quality management • Public hearing and data collection assistance
• Contractor bidding, negotiation, contract and process assistance to the owner • Project -related public agency coordination and management • Illustration rendering and 3D design modeling
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EXHIBIT B
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Order will be issued for each task not 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.
II I. 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.
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Roesling Nakamura Terada Architects, Inc. (RNT)
Standard Hourly Billing Rates 2026
Roesling Nakamura Terada Architects, Inc. (RNT)
Per Hour
Principal
Project Manager
Project Architect
Interior Designer/Designer
Draftsperson
Jr. Draftsperson
Administration
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5285
5 245
5210
$190
$160
$140
$100
FOESLING NF.k APAURA TERADAMEFITECTS
Attachment L
Sale O'Brien
2026 Customer Hourly Rates
The following are our standard billing rates for additional services, change orders, and time and materials agreements:
Principal
Associate Supervising Engineer
Commissioning Engineer
Project Engineer
Project Manager
Senior Designer
Designer
Commissioning Specialist
BIM 1 Revit Drafting
CAD Drafting
Clerical / Administration
$ 295
$ 240
$230
$ 220
$ 200
$ 190
$ 170
$ 160
$ 140
$ 130
$ 110
3220 Executive Ridge #210 1760) 560-0140
Vista, CA 92081 www.SaiasOBrien.cam
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Ashley & Vance Engineering 12026 Hourly Rates
Principal Engineer
$265
Senior Engineer
5225
Project Engineer
6185
Design Engineer
6160
Engineering Tech
5110
OfficefCIerica l
61D5
Deposition/Trial Testimony
Sour
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Pacific Coast Land Design.Inc..
lacin Dpi. . Fiorvw.
411 kW Marl 1'706". verg,.AY'LA iX l 615 wwveDC .co.
June 9, 2026
RATE SCHEDULE
Listed below is the current schedule of hourly rates for work to be carried out under the On - Coll Services agreement. This rate schedule provides for arid includes all staff positions to cornplete the services under this agreement or ariy task order issued thereunder. The listed hourly rates are defined by staff classification level labor rates and include rill direct and indirect expensesand fees_
Principal $200.00/ hr
Senior Associate {Project Manager] .$1 T5.00/hr
Associate ................. $140.00}hr
Landscape Designer ............ :........ ....:..:-....__.._.... ._...-_:- ,._..__._ $14{t_07/Iv Administrative $80.00/hr
RATE ESCALATION
PCLD will increase fees on an annual basis based on the ENR Building Cost Index averaged over the previous year_ This increase shall not exceed 3% annually in hourly rate or line -item cost_
PROJECT RELATED REIMBURSABLE EXPENSES
Listed below are expenses PCLD typically bills to a project if incurred during the course of a project that is initiated from the On -Call Services agreement. PCLD will provide estimates or reimbursable expenses as part of the proposed scope of work for a given project.
Reimbursable project costs will not be accrued until authorizers by the City contract eadministrator.
• Reproduction of all documents, including postage and shipping charges shall be paid for at cost plus 15% for processing and handling.
• Special tests required due to site conditions..
• Sub -consultant services for work which the landscape architect is not licensed to provide.
CLD OFFICE RATES -Santa mania On-Cbl'I2o26:tkocx
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Hunter Pacific Group Rate Sheet
2026
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HUNTER
PACIFIC
GROUP
2026 Hourly Rates
SeniorCost Estimator,........ .......................... ..... ,...........................................,...... $229.04 / [Our Project Cost Estimator ..,
$17107 f hour
CostEstimator..................................,.....................................,........._................... $124.04 / hour Senior Scheduler............................................................................................ $245.16 / hour Additional Services:
The consultant may incur expenses and costs which are not included in the basic fee for services.
1. Inclusion of weekly and/or monthly meeting* attendance.
2. Changes to the Basic Services as outlined in scope of work.
3. Revisions to drawings, specifications, or other documents, which are inconsistent with previously supplied project scope.
4. Business travel expenses at cost.
*Virtue, Meeting Attendonce
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EXHIBIT C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
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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:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City.
All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return -receipt requested.
4. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
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 Atty. Rev. 2025
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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.
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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 Atty. Rev. 2025
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shall apply to this Agreement on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rates expires during the life of this Agreement, such wage rate shall apply to the balance of the Agreement.
2. Penalties for Violations. The CONTRACTOR and all subcontractors shall comply with California Labor Code section 1775 in the event a worker is paid less than the prevailing wage rate for the work or craft in which the worker is employed. This shall be in addition to any other applicable penalties allowed under California Labor Code sections 1720 through 1861.
3. Payroll Records. The CONTRACTOR and all subcontractors shall comply with California Labor Code section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. The CONTRACTOR shall require all subcontractors to also comply with section 1776. The CONTRACTOR and all subcontractors shall furnish records specified in section 1776 on a monthly basis, both to the City and directly to the Labor Commissioner in the manner required by California Labor Code section 1771.4. The CONTRACTOR shall ensure its subcontractors prepare and submit payroll records to the City and the DIR as required by this section. The City may require the CONTRACTOR and its subcontractors to prepare and submit records specified in section 1776 to the City and the Labor Commissioner on a weekly basis, at no additional cost to the City.
4. Apprentices. The CONTRACTOR and all subcontractors shall comply with California Labor Code sections 1777.5, 1777.6 and 1777.7 concerning the employment and wages of apprentices.
The CONTRACTOR is responsible for compliance with this section for all apprenticeable occupations pursuant to California Labor Code section 1777.5(n).
5. Working Hours. The CONTRACTOR and all subcontractors shall comply with California Labor Code sections 1810 through 1815, including but not limited to: (i) restrict working hours on public works contracts to eight hours a day and forty hours a week, unless all hours worked in excess of 8 hours per day are compensated at not less than 11/2 times the basic rate of pay; and (ii) specify penalties to be imposed on CONTRACTORs and subcontractors of $25 per worker per day for each day the worker works more than 8 hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.
6. Required Provisions for Subcontracts. The CONTRACTOR shall include, at a minimum, a copy of the following provisions in any contract they enter into with a subcontractor: California Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860 and 1861.
7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the CONTRACTOR is required to secure the payment of compensation of its 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 Atty. Rev. 2025
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directed by the DIR, pursuant to California Labor Code section 1727.
9. CONTRACTOR and Subcontractor Registration Requirements. The CONTRACTOR and all subcontractors shall not engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5 CONTRACTOR certifies that the CONTRACTOR has verified that all CONTRACTOR and all subcontractors (if any approved by City) used on this project are registered with the DIR in compliance with California Labor Code sections 1771.1 and 1725.5. The CONTRACTOR shall provide proof of registration for themselves and all listed subcontractors to the City at the time of signature of contract and immediately upon any changes or City's request.
10.Stop Order. Where a CONTRACTOR or subcontractor engages in the performance of any public work contract without having been registered in violation of California Labor Code sections 1725.5 or 1771.1, the Labor Commissioner must issue and serve a stop order prohibiting the use of the unregistered CONTRACTOR or subcontractor on ALL public works until the unregistered CONTRACTOR or subcontractor is registered. Failure to observe a stop order is a misdemeanor.
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Attachment M
AGREEMENT FOR SERVICES
This Agreement is made on August 4, 2026, by and between SGPA Architecture and Planning, 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 architecture and structural engineering services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City's Duties. City's duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
2.06. 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. Contractor (as a business entity, including its employees) is a "design professional" as defined by California Civil Code section 2782.8(c)(3).
3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and Atty. Rev. 2025
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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
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:
City of Santa Maria — Department of Public Works
Attn: Yoselyn Moreno
110 S. Pine Street, Suite 221
Santa Maria, CA 93458
To Contractor:
SGPA Architecture and Planning
Attn: Victoria Gray
3599 Sueldo Street, Suite 110
San Luis Obispo, CA 93401
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.
4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.
4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.
4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.
4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
4.08. Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement sha II 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 Atty. Rev. 2025
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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: Stephanie Antl By: Brett Fulgoni
Vice President Public Works Director
APPROVED AS TO FORM:
City Attorney
Risk Manager
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EXHIBIT A
Architectural and Structural Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform architectural and structural engineering professional services on the project types listed above include but are not limited to:
1. Building Design: Professional and efficient development of new construction or renovation plans that successfully resolve a client's space planning and design requirements.
2. Facility/Building Analysis/Existing Conditions Report: Evaluation of an existing building including components such as walls, windows, roofs, floor plans, room layouts, building science audits and equipment resulting in a summary report of the findings.
3. Code Analysis: Project -specific review of applicable codes including building codes, accessibility standards, energy standards, local zoning ordinances, land use plans, and other regulations.
4. Energy -Efficiency Assessments: Review of building components, insulation levels, heating and lighting systems, and operational features to assess current performance levels and opportunities for energy savings.
5. Feasibility Study with Cost Estimating: A report outlining options and associated costs for potential solutions to a stated project goal, for example, change of use for an existing structure.
Often includes basic drawings or sketches explaining the solutions.
6. Space Planning: Graphic study showing arrangement of spaces, room layouts, and activities making up a floor plan. Studies will show room dimensions, shapes, number and types of spaces, and relationships (adjacencies) for all desired spaces. Multiple arrangements can be developed and evaluated for efficiency and functional success.
7. Site Planning: Development of site plan options showing boundary lines, potential development boundaries, building location(s), pedestrian access, sidewalks, parking, landscaping, lighting, surrounding context and other features.
8. Permitting: Production of drawings and permit applications necessary to submit for zoning or building permits. May include formal presentations to review boards or informal negotiation with regulators, zoning/planning administrators, fire marshals, and other officials.
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9. Contractor Selection/Construction Administration Assistance: Professional and experienced assistance with the selection of qualified General Contractors or Construction Managers. This may include the preparation of competitive bid packages, review of bids, recommendations for award of bids, preparing owner -contractor agreements, and construction administration.
10. Creative, Artistic & Technological Design: Imaginative, functional and aesthetic solutions to a client's stated needs. Assistance with envisioning new, creative solutions to problems that have been difficult to solve.
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Other services provided by architects:
• Historic preservation research, evaluation and design • Existing building measurement; preparation of existing building drawings • As -Built record drawings documenting existing or recently completed work • Master planning research and analysis
• Cost estimating related to design options
• Project information surveys
• Design team and process/integration management
• Conceptual design and regional/cultural context
• Sustainability and energy use/production analysis and design • Water and wastewater use analysis and design
• Project programming, pre -design planning
• Rating system (LEED, WELL, Passive House, etc.) coordination and management • Space utilization, functionality, economic and pre -design analysis • Indoor air quality and interior analysis
• Interior design
• Accessibility reviews and design
• Site selection, studies and design
• Land use analysis and design
• Landscape design
• Specifications writing, bid package preparation
• Contractor coordination and management
• Construction administration, time, cost and quality management • Public hearing and data collection assistance
• Contractor bidding, negotiation, contract and process assistance to the owner • Project -related public agency coordination and management • Illustration rendering and 3D design modeling
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EXHIBIT B
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Order will be issued for each task not 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.
II I. 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.
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Fee Schedule
HOURLY RATES
The following hourly rate schedule is prowled for basic services rendered on an hourly basis. Professionalst_i-- ..ill be charged at the following rates
SGPA Architecture and Planning
JOE, I I I LEW
HOURLY RATE
Principal
$250-$275
Associate Prindpal/Director
$220-$245
Senior Designer
$200-$240
Senior Project Manager
$200-$230
Project Maier
$170-$195
Senior Architect
$190-$210
Architect III
$115-$200
Architect II
$155-$150
Architect I
$13C-$150
Project Designer
$110-$190
Architectural Staff III
$145-$165
Architectural Staff II
$125-$15O
Architectural Staff I
$110-$130
Architectural Staff
$100-$120
Architectural Intern
$90-i110
Administrative
$90-$110
PROPOSED REIMBURSABLE EXPENSES
Outside engineering, models, renderings, reproduction, plotting, delivery, and travel are reimbursable at 1.15 times Architect's cost Billing and payment shall be on a monthly basis. Amount of proposed reimbursement is dependent on the awarded projects scope and complexity. On average, our reimbursement costs for a project range between $54U—$1,50CM.
Dated: June 10 2026
PA A PI AJINIIG
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City of Santa Maria On -Call RFP Ij i
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EXHIBIT C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
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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:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City.
All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return -receipt requested.
4. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
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 Atty. Rev. 2025
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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.
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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 Atty. Rev. 2025
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shall apply to this Agreement on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rates expires during the life of this Agreement, such wage rate shall apply to the balance of the Agreement.
2. Penalties for Violations. The CONTRACTOR and all subcontractors shall comply with California Labor Code section 1775 in the event a worker is paid less than the prevailing wage rate for the work or craft in which the worker is employed. This shall be in addition to any other applicable penalties allowed under California Labor Code sections 1720 through 1861.
3. Payroll Records. The CONTRACTOR and all subcontractors shall comply with California Labor Code section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. The CONTRACTOR shall require all subcontractors to also comply with section 1776. The CONTRACTOR and all subcontractors shall furnish records specified in section 1776 on a monthly basis, both to the City and directly to the Labor Commissioner in the manner required by California Labor Code section 1771.4. The CONTRACTOR shall ensure its subcontractors prepare and submit payroll records to the City and the DIR as required by this section. The City may require the CONTRACTOR and its subcontractors to prepare and submit records specified in section 1776 to the City and the Labor Commissioner on a weekly basis, at no additional cost to the City.
4. Apprentices. The CONTRACTOR and all subcontractors shall comply with California Labor Code sections 1777.5, 1777.6 and 1777.7 concerning the employment and wages of apprentices.
The CONTRACTOR is responsible for compliance with this section for all apprenticeable occupations pursuant to California Labor Code section 1777.5(n).
5. Working Hours. The CONTRACTOR and all subcontractors shall comply with California Labor Code sections 1810 through 1815, including but not limited to: (i) restrict working hours on public works contracts to eight hours a day and forty hours a week, unless all hours worked in excess of 8 hours per day are compensated at not less than 11/2 times the basic rate of pay; and (ii) specify penalties to be imposed on CONTRACTORs and subcontractors of $25 per worker per day for each day the worker works more than 8 hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.
6. Required Provisions for Subcontracts. The CONTRACTOR shall include, at a minimum, a copy of the following provisions in any contract they enter into with a subcontractor: California Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860 and 1861.
7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the CONTRACTOR is required to secure the payment of compensation of its 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 Atty. Rev. 2025
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directed by the DIR, pursuant to California Labor Code section 1727.
9. CONTRACTOR and Subcontractor Registration Requirements. The CONTRACTOR and all subcontractors shall not engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5 CONTRACTOR certifies that the CONTRACTOR has verified that all CONTRACTOR and all subcontractors (if any approved by City) used on this project are registered with the DIR in compliance with California Labor Code sections 1771.1 and 1725.5. The CONTRACTOR shall provide proof of registration for themselves and all listed subcontractors to the City at the time of signature of contract and immediately upon any changes or City's request.
10.Stop Order. Where a CONTRACTOR or subcontractor engages in the performance of any public work contract without having been registered in violation of California Labor Code sections 1725.5 or 1771.1, the Labor Commissioner must issue and serve a stop order prohibiting the use of the unregistered CONTRACTOR or subcontractor on ALL public works until the unregistered CONTRACTOR or subcontractor is registered. Failure to observe a stop order is a misdemeanor.
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AGREEMENT FOR SERVICES
This Agreement is made on August 4, 2026, by and between Studio 2G Architects, LLP, a California Corporation ("Contractor") and the City of Santa Maria, a California Municipal Corporation and charter city ("City"), in Santa Maria, California, based on the following recitals:
WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City 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 architecture and structural engineering services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City's Duties. City's duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
2.06. 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. Contractor (as a business entity, including its employees) is a "design professional" as defined by California Civil Code section 2782.8(c)(3).
3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and Atty. Rev. 2025
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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
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:
City of Santa Maria — Department of Public Works
Attn: Yoselyn Moreno
110 S. Pine Street, Suite 221
Santa Maria, CA 93458
To Contractor:
Studio 2G Architects, LLP
Attn: Ashley Mayou
811 Palm Street
San Luis Obispo, CA 93405
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.
4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.
4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.
4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.
4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
4.08. Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers compensation coverage to the City before beginning work on this project.
4.10 Prevailing Wage. Prevailing Wage. If applicable, Contractor and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to Atty. Rev. 2025
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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: Ashley Mayou By: Brett Fulgoni
Partner Public Works Director
APPROVED AS TO FORM:
City Attorney
Risk Manager
Atty. Rev. 2025
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EXHIBIT A
Architectural and Structural Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform architectural and structural engineering professional services on the project types listed above include but are not limited to:
1. Building Design: Professional and efficient development of new construction or renovation plans that successfully resolve a client's space planning and design requirements.
2. Facility/Building Analysis/Existing Conditions Report: Evaluation of an existing building including components such as walls, windows, roofs, floor plans, room layouts, building science audits and equipment resulting in a summary report of the findings.
3. Code Analysis: Project -specific review of applicable codes including building codes, accessibility standards, energy standards, local zoning ordinances, land use plans, and other regulations.
4. Energy -Efficiency Assessments: Review of building components, insulation levels, heating and lighting systems, and operational features to assess current performance levels and opportunities for energy savings.
5. Feasibility Study with Cost Estimating: A report outlining options and associated costs for potential solutions to a stated project goal, for example, change of use for an existing structure.
Often includes basic drawings or sketches explaining the solutions.
6. Space Planning: Graphic study showing arrangement of spaces, room layouts, and activities making up a floor plan. Studies will show room dimensions, shapes, number and types of spaces, and relationships (adjacencies) for all desired spaces. Multiple arrangements can be developed and evaluated for efficiency and functional success.
7. Site Planning: Development of site plan options showing boundary lines, potential development boundaries, building location(s), pedestrian access, sidewalks, parking, landscaping, lighting, surrounding context and other features.
8. Permitting: Production of drawings and permit applications necessary to submit for zoning or building permits. May include formal presentations to review boards or informal negotiation with regulators, zoning/planning administrators, fire marshals, and other officials.
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9. Contractor Selection/Construction Administration Assistance: Professional and experienced assistance with the selection of qualified General Contractors or Construction Managers. This may include the preparation of competitive bid packages, review of bids, recommendations for award of bids, preparing owner -contractor agreements, and construction administration.
10. Creative, Artistic & Technological Design: Imaginative, functional and aesthetic solutions to a client's stated needs. Assistance with envisioning new, creative solutions to problems that have been difficult to solve.
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Other services provided by architects:
• Historic preservation research, evaluation and design • Existing building measurement; preparation of existing building drawings • As -Built record drawings documenting existing or recently completed work • Master planning research and analysis
• Cost estimating related to design options
• Project information surveys
• Design team and process/integration management
• Conceptual design and regional/cultural context
• Sustainability and energy use/production analysis and design • Water and wastewater use analysis and design
• Project programming, pre -design planning
• Rating system (LEED, WELL, Passive House, etc.) coordination and management • Space utilization, functionality, economic and pre -design analysis • Indoor air quality and interior analysis
• Interior design
• Accessibility reviews and design
• Site selection, studies and design
• Land use analysis and design
• Landscape design
• Specifications writing, bid package preparation
• Contractor coordination and management
• Construction administration, time, cost and quality management • Public hearing and data collection assistance
• Contractor bidding, negotiation, contract and process assistance to the owner • Project -related public agency coordination and management • Illustration rendering and 3D design modeling
Atty. Rev. 2025
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EXHIBIT B
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Order will be issued for each task not 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 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.
Atty. Rev. 2025
Attachment N
a
EXHIBFT B-2026 HOURLY FEE SCHEDULE AND REIMBU'RSAL,LL
EXPENSES - EXHIBIT B
DATE Effective as of March 12026
The foIIowtng Fee schedule Is for services rendered on on hourly arrangement.
PC'S rr ION HOURLY BATE
managing Principal
Sr. Project Architect
$255,30 - $321.591 Hour
$178.49 - $186.131 Hour
Project Architect $171.26 - $174.381 Hour
Sr. Project Manager .$179.34 -$181.77 /E-kaw
Project Manager $174.38 - $176.431 Flour
Jr. Project h,Aanoger $172.32 f i1 ar
Job Captain $152.3,6 $1x61.92/ Flour
Jr. Job Captain
Arch Associate 2
Arch Associate 1
$ i 45.34 I Hour
$138.83 - $142.551 Hour
$,133.25 - $137.431 Hour
CAD Technician $120.60/ Hoax
Administration $7O20 ,r kl our
605.594.47II ell Pau S1.5onkii Obisrxi. CA. Y+wei.s'ludi4.24 corn 3 Atty. Rev. 2025
Attachment N
piepmr
arch l S
Hourly Rates
V
ATTACHMENT FEE SCHEDULE
As of January 1, 2026, rates for Structural Engineering services in the San Luis Obispo of e e shall be:
Hourly Eliding Rates
Principal Engineer
S265
Senior Engineer
S225
Project Engineer
S195
Design Engineer
S160
Engineering Tech
S 110
Officer -Clerical
S 110
Depositionffrial Testimony
$686
Billing
All invoices are billed on a monthly basis, due and payable upon receipt. A 11.4% monthly finance charge rney be
assessed for payrnerrts greater than 30 days past due.
Ashley & Vance Engoreering, Inc. may suspend services
until account is brought current.
Espertse Rs' rnburserriCAI Rates
Reproduction, Packing,,
& Shipping
At Coat
Commercial Travel
AI Cost
Automobile Travel
Published IRS
Rate
Accomodationsr'Suosietence
Published GSA
Rate
Subconsultants
Cost + 10%
insurance
Ashley & Vary Engineering, Inc. carries professional, auto, workers compensation and general liability insurance.
Certificates will be issued upon request.
.944.0771 811 Rein SI..Sem kis Obispo. CA.. ww+a'.S1Utdio.2Q n1 Atty. Rev. 2025
Attachment N
ar h teas
Exhibit B
Hourly Billing Rate Schedule
ENGINEERING
Expert Witness
Principal Engineer
Project Manager
See Exhibit R i
$290.00
$134.00-220-00
MECHANICAL
Senior Designer
Designer I II
Designer II
Designer I
Specialist Ili
Specialist II
Specialist I
$140.00 - $215.00
$130.00 - $185.00
$120.00 - $175.00
$110-00 - $145.00
$110.00 - $150.00
$100.00 - $120.00
$100.00 - $110.00
PLUl'10iNG
Senior Designer
Designer I II
Designer II
Designer I
Specialist I I I
Specialist II
Specialist I
$140.00 - $115.00
$1130.00 - $170.00
$120.00 - $154.00
$110-00 - $145-00
$100.00 - 5134-00
$100.00 - $120-00
$100.00 - 5110.00
FIRE SPRINKLER
Senior Designer
Des;gner II
Designer I
cialist II
Specialist I
$130.00 - $2.25-00
$110.00-$145.00
$100-00 - 5134-00
$100-00 - $124-00
$100.00-$114-00
ENERGY
Senior Analyst
Analyst I I I
Analyst II
Analyst I
Specialist it
Specialist I
$150.00 - $215-00
$140-00 - $174-00
$130.00 - $155.00
$120.00 - 5150.00
$110.00 - $130-00
$100.00 - $12400
BMA Meclhanical+
COMMISSIONING
Principal Cx Agent
Senior Cx Agent
Cx Agent II
Cx Agent I
Specialist. II
Specialist I
$240.00
$140.00 - $165.00
$130.00 - $170.00
$120.00 - $155.00
$100.00 - $130.04
$100.00 - $120.00
ADMINISTRATION
Project Administrator
Marketing Specialist
Administrative Generalist
$100.00 - $140.00
$95.00 - $140.00
$100.00 - $140.100
REIMBURSABLES
Mileage
Travel & Lodging
Per Diem
Printing; Reprographics
Miscellaneous
NOT
Prevailing IRS rate/mule
At cost
Per GSA schedule
by arealregaon
Cost + 15%
At cost
1. Overtime rates area 150% premium on the
rates listed
1 Travel time is billed at 20% discounted rates
805..5940Th
Atty. Rev. 2025
811 Palm SI. S©n Us Obispo. CA. I vivre audio-24.com
5 Attachment N
architects
cc
20.26 PROFESSIONAL RATES
1I LE HOURLY RATE
EXECUTIVE LEVEL Principal
DIRECTOR LEVEL
SERVICES:
Senior Director
Director
Associate Director
MANAGEMENT:
Senior Cost Manager
Cost Manager
SENIOR Senior Estimator
PROFESSIONAL: Senior Risk Analyst
6 Atty. Rev. 2025
PROFESSIONAL:
Rates are valid through gi December 2026_
805.$94,0771 811 Pollen Sl. Son k s Ctkiipo, CA. v w.si lic.-2g.crtm Cost Estimator ti
Cost Estimator
Economist
Risk Analyst
$300
$280
$240
$225
$205
$275
$190
$175
$240
$240
Attachment N
rAm
oichtfic $
45dB Acoustics
45dB Acoustics, LLC
www.45da.eom
California I Colorado
2022-2024 Professional Rate Sheet
Labor Category
Hourly Rate
Field -Technician
$I2[1
Senior Engineer:'Consultant
$210
Pro ect Principal. Consultant
$230
905,594,0771 8Y1 P#„ 51. Sonk4SO'b . CA. www,ovdiv-24-com Atty. Rev. 2025
7 Attachment N
arch ec s
Exhibit A
Standard Billing Rates
Engineering, Design 9t Support Services.
Assistant Designer/Technician $128
Designer/Technician I - IV $1321$142f$1521$1;52
Senior Designer/Technician I - III---._ $1721$179f$18fi GIS Technical Specialist - 5187
Senior GIS Technical Specialist $178
Associate Engineer I - III ._..__._................. ------------.... .__.._ $1401$.150f$16D EngineerI -IY $17915183f$1891$193
Senior Engineer I - II I . $21D1$218/$225
Director $229
Principal Engineer/Consulting Engineer - $255
Principal $290
Surveying Services:
Party Chief $190
Party Chief `Prevailing WageM $250
Instrument Person $133
Instrument Person {'Prevaihing Wage) $150
Associate Survey Technician $125
Survey Technician I - IV $1401$1451$1551$160
Land Surveyor I - III $17D1$19Df $19D
Senior Land Surveyor I - I II $1991$203/$209
Director .__._ $229
Principal Surveyor _._W__ ....... ....... $255
Principal $29D
Planning Services.
Associate Planner I - II 51151$125
Rawer I - IV $14D1$15Df$16O!$17O
Senior Planner I • III $1751$.1601$195
Director $21D
Principal Planner.__ $225
Principal $290
Landscape Architecture Services:
Associate Landscape Designer I - II 511D/512D
DesignerI -IY $1251$13D1$1351$14D
Landscape Architect I - IV $1491$.153/$159!$153
Senior Landscape Architect I - III $1691$173/$17®
Director 5145
Principal Landscape Architect $215
Principal $29D
8 Atty. Rev. 2025
805.594;4771 8 I 1 Ptirn 5L 5 rr bra# obisp . CA, 4t dib-22,C fl1
Attachment N
Oi
orchlrec s
Construction/Program Management and inspectian Services:
Constrarct'On Office Tech 1.111 $1251$1351$145
Construction Inspector I•IV $150/$15515160/5165
Senior Construction Inspector ._.... $170
Corustructicrn Inspector rPrevailirtg Wage) $155
Assistant Construction/ Program Manager I II $15515170
Construction/ Program Manager I -III $1751$18Of $185
Senior Construction/ Program Manager I • II $1951$200
Assistant Resident Engineer I • II $175/5180
Resident Engineer Mil $105/$19O/$145
Senior Resident Engineer ill $205/$210
Director $228
Principal caratruction Manager ..............: $253
Principal $280
Public Works Administration Services:
Project Analyst I • IV $1251$135/$1451$155
Senior Project Analyst I • III $16015165/ S170
Senior Environmental Compliance Specialist I • III $1751$18Of5155 Support Services:
Office Assistant $120
Project Assistant I - III $130/$13515145
`Prevailing Wage:
State established prevailing wage rates will apply to some services based on state law, prevailing wage rates are subject to change over time and geographic location.
Right to Revisions:
Wallace Group reserves the right to revise our standard trilling rates on an annual basis, personnel classifications may be added as necessary_
Additional IProfessianaI. Services:
Fees for expert witness preparation, testimony, court appearances, or depositions will he billed at the rate of $4.00 an hour. If required to meet schedule requests, overtime on a project will he billed at 1.5 times the employee's typical hourly rate.
Direct Expenses:
Direct expenses will be invoiced to the client and a handling charge of 15% may he added, Sample direct expenses include, but are not limited to the fallowing:
• travel expense's
• deliverylcopy services
• sub -consultant services • agency fees
• mileage ilper IRS rabeSI • other direct expenses
Invoicing and Interest Charges:
Invokes are submitted monthly can an accrued cost basis. A finance charge of 1.5% per month may be assessed on all balances that are thirty days past due.
Ii05,5P4.0771 Jill Point. 51. SOYA iii Qb O -O.. CA, v.v+r w,xiutlio-20.eom Atty. Rev. 2025
9 Attachment N
*DAC
arch fec s
ELECTRICAL ENGINEERING
LIGHTING DESIGN
CA REGISTRATION NO E1311i13
627 OLIVE E STREET
SANTA BARBARA CA 93101
(.805) 569.9216
nm]oneyr(Onpe.net
wvim_fmpe-net
Schedule of Honrlr Rates and Fees
Electrical Engineer, Lu_hting Designer
Electrical Designer, Associate
CAD Drafting
Clerical
Specifications
Cost Estimating
Blueprints
Copies
Telephone Calls
Faxes
Mileage
!parking
Postage
*
*
*Included in hourly rate structure
$20O.00 per hour
$I6t .00 per hour
$140.00 per hour
S-10.00 per hour
S90.00 per hour
$I120.00 per hour
845,594.0771 8I1 PtionSI- Sariki$ QbaP&, CA. www,x1 ,diO-20 corn Atty. Rev. 2025
Attachment N
PAIkm
architects
Principal Engineer:
Senior Engineer:
Staff Engineer:
CAD/Drafting Services:
Administratio n+Clerical:
Ot
icr:
Reproduction:
Special Travel & Subsistence:
Automobile Mileage:
Effective January l., 2026
2026 BILLING: RATES
$255.00 per hour
$205.00 per hour
5175.00 per hour
S 130.00 per hour
S99.00 per hour
Cost
Cost.
Current IRS Standard
SOS.914,077 511 iParm SI. San kis . CA. I woowstucito.20.corn 11 Atty. Rev. 2025
Attachment N
EXHIBIT C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
Atty. Rev. 2025
Attachment N
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:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 0413 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City.
All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return -receipt requested.
4. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims -made coverage:
a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, the 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 Atty. Rev. 2025
Attachment N
to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Atty. Rev. 2025
Attachment N
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.qov/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 Atty. Rev. 2025
Attachment N
shall apply to this Agreement on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rates expires during the life of this Agreement, such wage rate shall apply to the balance of the Agreement.
2. Penalties for Violations. The CONTRACTOR and all subcontractors shall comply with California Labor Code section 1775 in the event a worker is paid less than the prevailing wage rate for the work or craft in which the worker is employed. This shall be in addition to any other applicable penalties allowed under California Labor Code sections 1720 through 1861.
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 1'/z 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 Atty. Rev. 2025
Attachment N
directed by the DIR, pursuant to California Labor Code section 1727.
9. CONTRACTOR and Subcontractor Registration Requirements. The CONTRACTOR and all subcontractors shall not engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5 CONTRACTOR certifies that the CONTRACTOR has verified that all CONTRACTOR and all subcontractors (if any approved by City) used on this project are registered with the DIR in compliance with California Labor Code sections 1771.1 and 1725.5. The CONTRACTOR shall provide proof of registration for themselves and all listed subcontractors to the City at the time of signature of contract and immediately upon any changes or City's request.
10. Stop Order. Where a CONTRACTOR or subcontractor engages in the performance of any public work contract without having been registered in violation of California Labor Code sections 1725.5 or 1771.1, the Labor Commissioner must issue and serve a stop order prohibiting the use of the unregistered CONTRACTOR or subcontractor on ALL public works until the unregistered CONTRACTOR or subcontractor is registered. Failure to observe a stop order is a misdemeanor.
Atty. Rev. 2025
COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Brett Fulgoni, Director of Public Works
DATE: August 4, 2026
SUBJECT: Adoption of Resolutions Awarding Five Professional Services Agreements for On -Call Traffic Engineering Services
Description:
The City Council will consider adopting Resolutions approving the award of On -Call Traffic Engineering Professional Services Agreements to Advanced Mobility Group; Central Coast Transportation Consulting, Inc.; DKS Associates; Interwest Consulting Group, Inc; and TJKM Transportation Consultants.
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 Advanced Mobility Group for On -Call Traffic Engineering Services with an aggregate not -to - exceed fee of $1,000,000 per fiscal years 2026-27 and 2027-28 (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 Central Coast Transportation Consulting, Inc. for On -Call Traffic Engineering Services with an aggregate not -to -exceed fee of $1,000,000 per fiscal years 2026-27 and 2027-28 (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 DKS Associates for On -Call Traffic Engineering Services with an aggregate not -to - exceed fee of $1,000,000 per fiscal years 2026-27 and 2027-28 (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 Interwest Consulting Group, Inc for On -Call Traffic Engineering Services with an aggregate not -to -exceed fee of $1,000,000 per fiscal years 2026-27 and 2027-28 (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. Adopt a Resolution awarding a Professional Services Agreement to TJKM Transportation Consultants for On -Call Traffic Engineering Services with an
aggregate not -to -exceed fee of $1,000,000 per fiscal years 2026-27 and 2027-28 (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
6. Authorize City Manager, or designee, to execute agreements.
BACKGROUND:
The City owns, operates, and maintains roadways, traffic signals, and facilities throughout the City. The City has active and pending projects that require technical assistance from Traffic Engineering firms. While the City of Santa Maria has Civil Engineers on staff, the City must hire outside consultants for these services. Having on -call consultants that can provide these services will allow the City to deliver projects in a more timely manner.
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 nine 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 five ranked firms chosen are as follows:
Firm and Location
Advanced Mobility Group, Walnut Creek, CA
Central Coast Transportation Consulting, Inc., Morro Bay, CA DKS Associates, Sacramento, CA
Interwest Consulting Group, Inc, Elk Grove, CA
TJKM Transportation Consultants, Pleasanton, CA
The proposed Professional Services Agreements will be effective for Fiscal Years 2026- 27 and 2027-28. The agreements will be administered by the Public Works Department and may also be utilized by other City departments for approved and funded projects requiring Traffic Engineering services.
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.
Alternatives)
The City Council may decide to not award these Traffic Engineering Professional Services Agreements and direct staff to issue RFP's for each project individually. However, this alternative is not recommended as there is a significant backlog of projects for which outside Traffic Engineering Services are required to augment City staff. Further, having 2 pre -approved, on -call firms readily available allows for more efficient and timely delivery of projects as multiple projects can be designed concurrently.
Fiscal Considerations
Fees for on -call Traffic Engineering Services will be based on a project -by -project basis and directly charged to individual project budgets. Each project is separately approved and budgeted by the City Council. The City is under no obligation to expend any funds under these Professional Services Agreements.
Impact on the Community
Awarding these on -call Traffic Engineering Professional Services Agreements will support the timely planning and delivery of transportation -related projects that enhance roadway safety, reduce traffic congestion, and improve overall mobility throughout the City. These services will help ensure that infrastructure improvements are efficiently designed and implemented, benefiting residents, businesses, and visitors alike.
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Resolution -
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Agreement
Agreement
Agreement
Agreement
Agreement
Advanced Mobility Group
Central Coast Transportation Consulting, Inc.
DKS Associates
Interwest Consulting Group, Inc
TJKM Transportation Consultants
- Advanced Mobility Group
- Central Coast Transportation Consulting, Inc.
- DKS Associates
- Interwest Consulting Group, Inc
- TJKM Transportation Consultants
3 Attachment A
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MARIA, CALIFORNIA,
AWARDING A PROFESSIONAL SERVICES AGREEMENT TO
ADVANCED MOBILITY GROUP FOR ON -CALL TRAFFIC
ENGINEERING SERVICES WITH AN AGGREGATE NOT -TO -
EXCEED FEE OF $1,000,000 PER FISCAL YEARS 2026-27 AND
2027-28 (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 prompt professional Traffic Engineering Services to support municipal traffic improvement projects; and WHEREAS, on May 26, 2026, the City issued a Request for Proposal (RFP) for on -call Traffic Engineering Professional Services for projects within the City. The RFP was issued and advertised through the City's e -Procurement Portal, PlanetBids; and WHEREAS, on June 10, 2026, the City received nine 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 Advanced Mobility Group satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on -call Traffic Engineering Services; and WHEREAS, the firms will provide services on an on -call, as -needed, and project specific basis as defined by the city, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. Authorize City Manager, or designee, to approve and execute, on behalf of the City, a Professional Services Agreement with Advanced Mobility Group, for an aggregate not -to -exceed fee of $1,000,000 per fiscal years 2026-27 and 2027-28 (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 Traffic Engineering Services; and