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
Attachment A
SECTION 2. The Chief Deputy City Clerk is hereby authorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 4th day of August 2026.
ATTEST:
Chief Deputy City Clerk
Mayor
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
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
WHEREAS, the need exists for the City to obtain prompt professiona l 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 Central Coast Transportation Consulting, Inc. 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 Central Coast Transportation Consulting, Inc., 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
Attachment B
SECTION 2. The Chief Deputy City Clerk is hereby authorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 4th day of August 2026.
ATTEST:
Chief Deputy City Clerk
Mayor
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 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
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 Prof essional 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 DKS Associates 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 DKS Associates , 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
Attachment C
SECTION 2. The Chief Deputy City Clerk is hereby authorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 4th day of August 2026.
ATTEST:
Chief Deputy City Clerk
Mayor
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
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
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 Profe ssional 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 Interwest Consulting Group, Inc 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, a nd 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 Interwest Consulting Group, Inc, 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
Attachment D
SECTION 2. The Chief Deputy City Clerk is hereby authorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 4th day of August 2026.
ATTEST:
Chief Deputy City Clerk
Mayor
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
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
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 TJKM Transportation Consultants 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 exe cute, on behalf of the City, a Professional Services Agreemen t with TJKM Transportation Consultants, for an aggregate not -to-exceed fee of $1,000,000 per fiscal year s 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
Attachment E
SECTION 2. The Chief Deputy City Clerk is hereby authorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 4th day of August 2026.
ATTEST:
Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager
Attachment F
Atty. Rev. 2025
AGREEMENT FOR SERVICES
This Agreement is made on August 4, 2026, by and between Advanced Mobility Group, a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:
WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Consultant to provide manpower to complete the Project; and
WHEREAS, Consultant is registered or licensed in California to perform desired services for the Project.
NOW, THEREFORE, IT IS AGREED:
1. Recitals true. The above recitals are true.
2. General.
2.01. Term and Termination. The term of this contract is until 11:59 p.m. on June 30, 2028, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.
2.02. Services to be Performed. Contractor shall determine the method, details and means of providing on-call traffic engineering services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
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) i s 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 Attachment F
Atty. Rev. 2025
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: To Contractor:
City of Santa Maria – Department of Public Works Advanced Mobility Group Attn: Yoselyn Moreno Attn: Rafat Raie
110 S. Pine Street, Suite 221 3003 Oak Road #100 Santa Maria, CA 93458 Walnut Creek, CA 94597
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 Attachment F
Atty. Rev. 2025
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: Rafat S. Raie By: Brett Fulgoni
Principal Public Works Director
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
Attachment F
Atty. Rev. 2025
EXHIBIT A
Traffic Engineering Professional Services
TYPICAL SERVICES REQUIRED
Understanding and application of the following documents:
• AASHTO “Green Book” A Policy on Geometric Design of Highways and Streets • AASHTO Roadside Design Guide
• TRB Highway Capacity Manual (HCM)
• ITE Trip Generation Manual
• ITE Parking Generation Manual
• California Vehicle Code (CVC)
• California Manual on Uniform Traffic Control Devices (CA MUTCD) • NACTO Urban Street Design Guide
• NACTO Urban Bikeway Design Guide
• NACTO Transit Street Design Guide
• CA Standard Plans and Specifications
• City of Santa Maria General Plan
• City of Santa Maria Zoning Ordinance
• City of Santa Maria Standard Details and Specifications • City of Santa Maria Active Transportation Plan
• City of Santa Maria Local Road Safety Plan
Purpose
The Consultant shall provide on-call traffic engineering, transportation planning, traffic operations, safety, multimodal, signal/ITS, data collection, development review, and related professional services for City projects, development review, grant applications, policy updates, and public works activities.
Traffic Operations and Safety Studies
Prepare and review traffic operations studies, HCM/LOS analyses, queuing and delay analyses, signal warrant analyses, all-way stop warrant analyses, sight-distance evaluations, collision and systemic safety analyses, speed surveys, speed-limit support, AB 43/safe-speed evaluations, corridor studies, and before/after evaluations.
Development Review and CEQA/VMT Support
Review development traffic studies, transportation impact analyses, site access/circulation, frontage improvements, queuing, parking/loading, truck access, construction traffic, school access, mitigation measures, fair-share/proportionate-share calculations, VMT screening and analysis, TDM measures, and transportation-related CEQA documentation.
Traffic Signal, ITS, and Electrical/Communications Design Prepare or review traffic signal, flashing beacon, RRFB, pedestrian hybrid beacon, signing/striping, detection, controller, cabinet, conduit, fiber/communications, CCTV, TSP/EVP, coordination/timing, ATMS, and related ITS design documents. Include plans, specifications, estimates, bid support, and construction support when authorized.
Signal Timing and Coordination
Attachment F
Atty. Rev. 2025
Conduct signal timing studies, time-of-day plans, coordination plans, Synchro/SimTraffic or equivalent modeling, field implementation support, controller database review, special event timing, emergency response/transit priority coordination, and before/after performance reporting.
Data Collection and Modeling
Collect and analyze ADT, turning movement, pedestrian, bicycle, truck, speed, travel time, origin-destination, parking, curb-use, and multimodal data. Use industry-standard modeling and data platforms such as Synchro/SimTraffic, Vistro, Vissim, TransCAD, GIS, and big data platforms where applicable.
Support updates to City traffic models, corridor plans, congestion management analyses, and regional planning deliverables when authorized by task order.
Complete Streets, Active Transportation, and Transit
Plan and design complete streets, traffic calming, bikeways, pedestrian facilities, Safe Routes to School improvements, transit access improvements, curb management, roundabouts, crossing enhancements, and multimodal corridor improvements consistent with applicable City, Caltrans, CA MUTCD, NACTO, AASHTO, ADA/PROWAG, and transit guidance.
Signing, Striping, and Temporary Traffic Control
Prepare signing and striping plans, pavement marking plans, traffic control plans, detour/staging plans, construction impact analyses, and work-zone traffic control recommendations consistent with CA MUTCD and City standards.
Grant, Policy, and Planning Support
Support grant applications and implementation for HSIP, ATP, SS4A, Caltrans, regional, state, and federal funding programs. Prepare technical exhibits, benefit/cost inputs, safety analysis, cost estimates, schedules, and scope narratives. Support transportation master plans, Circulation Element updates, LRSP/Safety Action Plan updates, and City policy/guideline updates.
Public Outreach and Meetings
Prepare technical exhibits, bilingual outreach materials when required, presentations, staff reports, public-meeting support, comment responses, and technical support for Planning Commission, City Council, committees, community workshops, and stakeholder meetings.
Training and Staff Extension
Provide staff training, peer review, development review assistance, field investigations, technical memoranda, and staff-extension support as requested by task order.
Deliverables
Deliverables may include technical memoranda, traffic studies, review comments, traffic model files, count databases, concept plans, PS&E packages, cost estimates, signal timing files, GIS data, grant exhibits, presentation materials, staff training materials, and construction support logs.
Attachment F
Atty. Rev. 2025
REQUIREMENTS
Contractor(s) shall meet the following requirements:
1. Experience: The Contractor must have experience providing traffic engineering services to municipalities of similar size or sufficient experience in transportation planning and traffic engineering. Specifically, experience should include, but not be limited to: safety studies, operational studies, warrant analysis, signal operations, conceptual road designs, data collection and travel modeling.
1. Deadlines: The Contractor must meet the deadlines listed in the various project schedules. The Contractor will have the opportunity to create the schedule, but once finalized must adhere to it.
2. Compliance: Contractors shall comply with all applicable Federal, State, and local laws and ordinances. This includes City insurance and indemnification requirements
3. Reporting: Once per month, the Contractor shall provide the City with an itemized account of all services provided in a format approved by the City.
Attachment F
Atty. Rev. 2025
EXHIBIT B
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate shee t.
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 S ection 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.
Attachment F
Atty. Rev. 2025
EXHIBIT C
Attachment F
Atty. Rev. 2025
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employ ees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
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.
C. Self-insured Retentions
Attachment F
Atty. Rev. 2025
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 n otices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage
Consultant shall furnish the Ci ty with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required Attachment F
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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 Attachment F
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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 1½ times the basic rate of pay; and (ii) specify penalties to be imposed on CONTRACTORs and subcontractors of $25 per worker per day for each day the worker works more than 8 hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.
6. Required Provisions for Subcontracts. The CONTRACTOR shall include, at a minimum, a copy of the following provisions in any contract they enter into with a subcontractor: California Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860 and 1861.
7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the CONTRACTOR is required to secure the payment of compensation of its employees.
By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:
“I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
8. Compliance Monitoring and Enforcement. This project is subject to compliance monitoring and enforcement by the DIR. The City must withhold contract payments from the CONTRACTOR as Attachment F
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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 Central Coast Transportation Consulting, 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 traffic engineering services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
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).
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3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor including its 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: To Contractor:
City of Santa Maria – Department of Public Works Central Coast Transportation Consulting, Inc.
Attn: Yoselyn Moreno Attn: Joe Fernandez
110 S. Pine Street, Suite 221 895 Napa Ave Ste A-6 Santa Maria, CA 93458 Morro Bay, CA 93442
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 Attachment G
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and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined and specified are referred to and made a part hereof as though fully set forth herein. 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: Joe Fernandez, PE, AICP By: Brett Fulgoni
Principal Public Works Director
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
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EXHIBIT A
Traffic Engineering Professional Services
TYPICAL SERVICES REQUIRED
Understanding and application of the following documents:
• AASHTO “Green Book” A Policy on Geometric Design of Highways and Streets • AASHTO Roadside Design Guide
• TRB Highway Capacity Manual (HCM)
• ITE Trip Generation Manual
• ITE Parking Generation Manual
• California Vehicle Code (CVC)
• California Manual on Uniform Traffic Control Devices (CA MUTCD) • NACTO Urban Street Design Guide
• NACTO Urban Bikeway Design Guide
• NACTO Transit Street Design Guide
• CA Standard Plans and Specifications
• City of Santa Maria General Plan
• City of Santa Maria Zoning Ordinance
• City of Santa Maria Standard Details and Specifications • City of Santa Maria Active Transportation Plan
• City of Santa Maria Local Road Safety Plan
Purpose
The Consultant shall provide on-call traffic engineering, transportation planning, traffic operations, safety, multimodal, signal/ITS, data collection, development review, and related professional services for City projects, development review, grant applications, policy updates, and public works activities.
Traffic Operations and Safety Studies
Prepare and review traffic operations studies, HCM/LOS analyses, queuing and delay analyses, signal warrant analyses, all-way stop warrant analyses, sight-distance evaluations, collision and systemic safety analyses, speed surveys, speed-limit support, AB 43/safe-speed evaluations, corridor studies, and before/after evaluations.
Development Review and CEQA/VMT Support
Review development traffic studies, transportation impact analyses, site access/circulation, frontage improvements, queuing, parking/loading, truck access, construction traffic, school access, mitigation measures, fair-share/proportionate-share calculations, VMT screening and analysis, TDM measures, and transportation-related CEQA documentation.
Traffic Signal, ITS, and Electrical/Communications Design Prepare or review traffic signal, flashing beacon, RRFB, pedestrian hybrid beacon, signing/striping, detection, controller, cabinet, conduit, fiber/communications, CCTV, TSP/EVP, coordination/timing, ATMS, and related ITS design documents. Include plans, specifications, estimates, bid support, and construction support when authorized.
Signal Timing and Coordination
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Conduct signal timing studies, time-of-day plans, coordination plans, Synchro/SimTraffic or equivalent modeling, field implementation support, controller database review, special event timing, emergency response/transit priority coordination, and before/after performance reporting.
Data Collection and Modeling
Collect and analyze ADT, turning movement, pedestrian, bicycle, truck, speed, travel time, origin-destination, parking, curb-use, and multimodal data. Use industry-standard modeling and data platforms such as Synchro/SimTraffic, Vistro, Vissim, TransCAD, GIS, and big data platforms where applicable.
Support updates to City traffic models, corridor plans, congestion management analyses, and regional planning deliverables when authorized by task order.
Complete Streets, Active Transportation, and Transit
Plan and design complete streets, traffic calming, bikeways, pedestrian facilities, Safe Routes to School improvements, transit access improvements, curb management, roundabouts, crossing enhancements, and multimodal corridor improvements consistent with applicable City, Caltrans, CA MUTCD, NACTO, AASHTO, ADA/PROWAG, and transit guidance.
Signing, Striping, and Temporary Traffic Control
Prepare signing and striping plans, pavement marking plans, traffic control plans, detour/staging plans, construction impact analyses, and work-zone traffic control recommendations consistent with CA MUTCD and City standards.
Grant, Policy, and Planning Support
Support grant applications and implementation for HSIP, ATP, SS4A, Caltrans, regional, state, and federal funding programs. Prepare technical exhibits, benefit/cost inputs, safety analysis, cost estimates, schedules, and scope narratives. Support transportation master plans, Circulation Element updates, LRSP/Safety Action Plan updates, and City policy/guideline updates.
Public Outreach and Meetings
Prepare technical exhibits, bilingual outreach materials when required, presentations, staff reports, public-meeting support, comment responses, and technical support for Planning Commission, City Council, committees, community workshops, and stakeholder meetings.
Training and Staff Extension
Provide staff training, peer review, development review assistance, field investigations, technical memoranda, and staff-extension support as requested by task order.
Deliverables
Deliverables may include technical memoranda, traffic studies, review comments, traffic model files, count databases, concept plans, PS&E packages, cost estimates, signal timing files, GIS data, grant exhibits, presentation materials, staff training materials, and construction support logs.
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REQUIREMENTS
Contractor(s) shall meet the following requirements:
1. Experience: The Contractor must have experience providing traffic engineering services to municipalities of similar size or sufficient experience in transportation planning and traffic engineering. Specifically, experience should include, but not be limited to: safety studies, operational studies, warrant analysis, signal operations, conceptual road designs, data collection and travel modeling.
1. Deadlines: The Contractor must meet the deadlines listed in the various project schedules. The Contractor will have the opportunity to create the schedule, but once finalized must adhere to it.
2. Compliance: Contractors shall comply with all applicable Federal, State, and local laws and ordinances. This includes City insurance and indemnification requirements
3. Reporting: Once per month, the Contractor shall provide the City with an itemized account of all services provided in a format approved by the City.
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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 b e $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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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 privac y 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 v olunteers 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 n otices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure Attachment G
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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 Attachment G
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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 1½ times the basic rate of pay; and (ii) specify penalties to be imposed on CONTRACTORs and subcontractors of $25 per worker per day for each day the worker works more than 8 hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.
6. Required Provisions for Subcontracts. The CONTRACTOR shall include, at a minimum, a copy of the following provisions in any contract they enter into with a subcontractor: California Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860 and 1861.
7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the CONTRACTOR is required to secure the payment of compensation of its employees.
By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:
“I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
8. Compliance Monitoring and Enforcement. This project is subject to compliance monitoring and enforcement by the DIR. The City must withhold contract payments from the CONTRACTOR as Attachment G
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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 DKS Associates, a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:
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 traffic engineering services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
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 Attachment H
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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: To Contractor:
City of Santa Maria – Department of Public Works DKS Associates Attn: Yoselyn Moreno Attn: Jim Damkowitch 110 S. Pine Street, Suite 221 428 J Street, Suite 340 Santa Maria, CA 93458 Sacramento, CA 95814
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.
4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.
4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.
4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.
4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
4.08. Severability. The provisions of this agreement are severable. If any part 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 Attachment H
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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: John Bosket By: Brett Fulgoni
DKS Vice President Public Works Director
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
Attachment H
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EXHIBIT A
Traffic Engineering Professional Services
TYPICAL SERVICES REQUIRED
Understanding and application of the following documents:
• AASHTO “Green Book” A Policy on Geometric Design of Highways and Streets • AASHTO Roadside Design Guide
• TRB Highway Capacity Manual (HCM)
• ITE Trip Generation Manual
• ITE Parking Generation Manual
• California Vehicle Code (CVC)
• California Manual on Uniform Traffic Control Devices (CA MUTCD) • NACTO Urban Street Design Guide
• NACTO Urban Bikeway Design Guide
• NACTO Transit Street Design Guide
• CA Standard Plans and Specifications
• City of Santa Maria General Plan
• City of Santa Maria Zoning Ordinance
• City of Santa Maria Standard Details and Specifications • City of Santa Maria Active Transportation Plan
• City of Santa Maria Local Road Safety Plan
Purpose
The Consultant shall provide on-call traffic engineering, transportation planning, traffic operations, safety, multimodal, signal/ITS, data collection, development review, and related professional services for City projects, development review, grant applications, policy updates, and public works activities.
Traffic Operations and Safety Studies
Prepare and review traffic operations studies, HCM/LOS analyses, queuing and delay analyses, signal warrant analyses, all-way stop warrant analyses, sight-distance evaluations, collision and systemic safety analyses, speed surveys, speed-limit support, AB 43/safe-speed evaluations, corridor studies, and before/after evaluations.
Development Review and CEQA/VMT Support
Review development traffic studies, transportation impact analyses, site access/circulation, frontage improvements, queuing, parking/loading, truck access, construction traffic, school access, mitigation measures, fair-share/proportionate-share calculations, VMT screening and analysis, TDM measures, and transportation-related CEQA documentation.
Traffic Signal, ITS, and Electrical/Communications Design Prepare or review traffic signal, flashing beacon, RRFB, pedestrian hybrid beacon, signing/striping, detection, controller, cabinet, conduit, fiber/communications, CCTV, TSP/EVP, coordination/timing, ATMS, and related ITS design documents. Include plans, specifications, estimates, bid support, and construction support when authorized.
Signal Timing and Coordination
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Conduct signal timing studies, time-of-day plans, coordination plans, Synchro/SimTraffic or equivalent modeling, field implementation support, controller database review, special event timing, emergency response/transit priority coordination, and before/after performance reporting.
Data Collection and Modeling
Collect and analyze ADT, turning movement, pedestrian, bicycle, truck, speed, travel time, origin-destination, parking, curb-use, and multimodal data. Use industry-standard modeling and data platforms such as Synchro/SimTraffic, Vistro, Vissim, TransCAD, GIS, and big data platforms where applicable.
Support updates to City traffic models, corridor plans, congestion management analyses, and regional planning deliverables when authorized by task order.
Complete Streets, Active Transportation, and Transit
Plan and design complete streets, traffic calming, bikeways, pedestrian facilities, Safe Routes to School improvements, transit access improvements, curb management, roundabouts, crossing enhancements, and multimodal corridor improvements consistent with applicable City, Caltrans, CA MUTCD, NACTO, AASHTO, ADA/PROWAG, and transit guidance.
Signing, Striping, and Temporary Traffic Control
Prepare signing and striping plans, pavement marking plans, traffic control plans, detour/staging plans, construction impact analyses, and work-zone traffic control recommendations consistent with CA MUTCD and City standards.
Grant, Policy, and Planning Support
Support grant applications and implementation for HSIP, ATP, SS4A, Caltrans, regional, state, and federal funding programs. Prepare technical exhibits, benefit/cost inputs, safety analysis, cost estimates, schedules, and scope narratives. Support transportation master plans, Circulation Element updates, LRSP/Safety Action Plan updates, and City policy/guideline updates.
Public Outreach and Meetings
Prepare technical exhibits, bilingual outreach materials when required, presentations, staff reports, public-meeting support, comment responses, and technical support for Planning Commission, City Council, committees, community workshops, and stakeholder meetings.
Training and Staff Extension
Provide staff training, peer review, development review assistance, field investigations, technical memoranda, and staff-extension support as requested by task order.
Deliverables
Deliverables may include technical memoranda, traffic studies, review comments, traffic model files, count databases, concept plans, PS&E packages, cost estimates, signal timing files, GIS data, grant exhibits, presentation materials, staff training materials, and construction support logs.
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REQUIREMENTS
Contractor(s) shall meet the following requirements:
1. Experience: The Contractor must have experience providing traffic engineering services to municipalities of similar size or sufficient experience in transportation planning and traffic engineering. Specifically, experience should include, but not be limited to: safety studies, operational studies, warrant analysis, signal operations, conceptual road designs, data collection and travel modeling.
1. Deadlines: The Contractor must meet the deadlines listed in the various project schedules. The Contractor will have the opportunity to create the schedule, but once finalized must adhere to it.
2. Compliance: Contractors shall comply with all applicable Federal, State, and local laws and ordinances. This includes City insurance and indemnification requirements
3. Reporting: Once per month, the Contractor shall provide the City with an itemized account of all services provided in a format approved by the City.
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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 Ci ty 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 t asks 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 sha ll 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 Con tractor’s billing rates and scope of work are null and void.
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Attachment H
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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 a nd 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 privac y 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 v olunteers 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 o perations. 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 co verage shall not be canceled or reduced, except with notice stating the title of this contract to the City.
All n otices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of su brogation, 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 cance led or non -renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, the Con sultant 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 Attachment H
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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 CON TRACTOR and all subcontractors shall post a copy of the prevailing rate of per diem wages determination at each job site and shall make them available to any interested party upon request.
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 Attachment H
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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 1½ times the basic rate of pay; and (ii) specify penalties to be imposed on CONTRACTORs and subcontractors of $25 per worker per day for each day the worker works more than 8 hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.
6. Required Provisions for Subcontracts. The CONTRACTOR shall include, at a minimum, a copy of the following provisions in any contract they enter into with a subcontractor: California Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860 and 1861.
7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the CONTRACTOR is required to secure the payment of compensation of its employees.
By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:
“I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
8. Compliance Monitoring and Enforcement. This project is subject to compliance monitoring and enforcement by the DIR. The City must withhold contract payments from the CONTRACTOR as Attachment H
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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.
Attachment I
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AGREEMENT FOR SERVICES
This Agreement is made on August 4, 2026, by and between Interwest Consulting Group, Inc, a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:
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 traffic engineering services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
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 Attachment I
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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: To Contractor:
City of Santa Maria – Department of Public Works Interwest Consulting Group, Inc Attn: Yoselyn Moreno Attn: Devin Locke
110 S. Pine Street, Suite 221 1 Jenner, Suite 160 Santa Maria, CA 93458 Irvine, CA 92618
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 Attachment I
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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: Matthew K. Causley By: Brett Fulgoni
Chief Operations Officer Public Works Director
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
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EXHIBIT A
Traffic Engineering Professional Services
TYPICAL SERVICES REQUIRED
Understanding and application of the following documents:
• AASHTO “Green Book” A Policy on Geometric Design of Highways and Streets • AASHTO Roadside Design Guide
• TRB Highway Capacity Manual (HCM)
• ITE Trip Generation Manual
• ITE Parking Generation Manual
• California Vehicle Code (CVC)
• California Manual on Uniform Traffic Control Devices (CA MUTCD) • NACTO Urban Street Design Guide
• NACTO Urban Bikeway Design Guide
• NACTO Transit Street Design Guide
• CA Standard Plans and Specifications
• City of Santa Maria General Plan
• City of Santa Maria Zoning Ordinance
• City of Santa Maria Standard Details and Specifications • City of Santa Maria Active Transportation Plan
• City of Santa Maria Local Road Safety Plan
Purpose
The Consultant shall provide on-call traffic engineering, transportation planning, traffic operations, safety, multimodal, signal/ITS, data collection, development review, and related professional services for City projects, development review, grant applications, policy updates, and public works activities.
Traffic Operations and Safety Studies
Prepare and review traffic operations studies, HCM/LOS analyses, queuing and delay analyses, signal warrant analyses, all-way stop warrant analyses, sight-distance evaluations, collision and systemic safety analyses, speed surveys, speed-limit support, AB 43/safe-speed evaluations, corridor studies, and before/after evaluations.
Development Review and CEQA/VMT Support
Review development traffic studies, transportation impact analyses, site access/circulation, frontage improvements, queuing, parking/loading, truck access, construction traffic, school access, mitigation measures, fair-share/proportionate-share calculations, VMT screening and analysis, TDM measures, and transportation-related CEQA documentation.
Traffic Signal, ITS, and Electrical/Communications Design Prepare or review traffic signal, flashing beacon, RRFB, pedestrian hybrid beacon, signing/striping, detection, controller, cabinet, conduit, fiber/communications, CCTV, TSP/EVP, coordination/timing, ATMS, and related ITS design documents. Include plans, specifications, estimates, bid support, and construction support when authorized.
Signal Timing and Coordination
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Conduct signal timing studies, time-of-day plans, coordination plans, Synchro/SimTraffic or equivalent modeling, field implementation support, controller database review, special event timing, emergency response/transit priority coordination, and before/after performance reporting.
Data Collection and Modeling
Collect and analyze ADT, turning movement, pedestrian, bicycle, truck, speed, travel time, origin-destination, parking, curb-use, and multimodal data. Use industry-standard modeling and data platforms such as Synchro/SimTraffic, Vistro, Vissim, TransCAD, GIS, and big data platforms where applicable.
Support updates to City traffic models, corridor plans, congestion management analyses, and regional planning deliverables when authorized by task order.
Complete Streets, Active Transportation, and Transit
Plan and design complete streets, traffic calming, bikeways, pedestrian facilities, Safe Routes to School improvements, transit access improvements, curb management, roundabouts, crossing enhancements, and multimodal corridor improvements consistent with applicable City, Caltrans, CA MUTCD, NACTO, AASHTO, ADA/PROWAG, and transit guidance.
Signing, Striping, and Temporary Traffic Control
Prepare signing and striping plans, pavement marking plans, traffic control plans, detour/staging plans, construction impact analyses, and work-zone traffic control recommendations consistent with CA MUTCD and City standards.
Grant, Policy, and Planning Support
Support grant applications and implementation for HSIP, ATP, SS4A, Caltrans, regional, state, and federal funding programs. Prepare technical exhibits, benefit/cost inputs, safety analysis, cost estimates, schedules, and scope narratives. Support transportation master plans, Circulation Element updates, LRSP/Safety Action Plan updates, and City policy/guideline updates.
Public Outreach and Meetings
Prepare technical exhibits, bilingual outreach materials when required, presentations, staff reports, public-meeting support, comment responses, and technical support for Planning Commission, City Council, committees, community workshops, and stakeholder meetings.
Training and Staff Extension
Provide staff training, peer review, development review assistance, field investigations, technical memoranda, and staff-extension support as requested by task order.
Deliverables
Deliverables may include technical memoranda, traffic studies, review comments, traffic model files, count databases, concept plans, PS&E packages, cost estimates, signal timing files, GIS data, grant exhibits, presentation materials, staff training materials, and construction support logs.
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REQUIREMENTS
Contractor(s) shall meet the following requirements:
1. Experience: The Contractor must have experience providing traffic engineering services to municipalities of similar size or sufficient experience in transportation planning and traffic engineering. Specifically, experience should include, but not be limited to: safety studies, operational studies, warrant analysis, signal operations, conceptual road designs, data collection and travel modeling.
1. Deadlines: The Contractor must meet the deadlines listed in the various project schedules. The Contractor will have the opportunity to create the schedule, but once finalized must adhere to it.
2. Compliance: Contractors shall comply with all applicable Federal, State, and local laws and ordinances. This includes City insurance and indemnification requirements
3. Reporting: Once per month, the Contractor shall provide the City with an itemized account of all services provided in a format approved by the City.
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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 shee t.
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 S ection 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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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, representative s, 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 b y 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, of ficials, 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 n otices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of thi s Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
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 langua ge effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure Attachment I
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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 Attachment I
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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 1½ times the basic rate of pay; and (ii) specify penalties to be imposed on CONTRACTORs and subcontractors of $25 per worker per day for each day the worker works more than 8 hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.
6. Required Provisions for Subcontracts. The CONTRACTOR shall include, at a minimum, a copy of the following provisions in any contract they enter into with a subcontractor: California Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860 and 1861.
7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the CONTRACTOR is required to secure the payment of compensation of its employees.
By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:
“I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
8. Compliance Monitoring and Enforcement. This project is subject to compliance monitoring and enforcement by the DIR. The City must withhold contract payments from the CONTRACTOR as Attachment I
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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 TJKM Transportation Consultants, 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 traffic engineering services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
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 Attachment J
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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: To Contractor:
City of Santa Maria – Department of Public Works TJKM Transportation Consultants Attn: Yoselyn Moreno Attn: Ruta Jariwala
110 S. Pine Street, Suite 221 4305 Hacienda Drive, Suite 550 Santa Maria, CA 93458 Pleasanton, CA 94588
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 Attachment J
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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: Nayan Amin By: Brett Fulgoni
President Public Works Director
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
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EXHIBIT A
Traffic Engineering Professional Services
TYPICAL SERVICES REQUIRED
Understanding and application of the following documents:
• AASHTO “Green Book” A Policy on Geometric Design of Highways and Streets • AASHTO Roadside Design Guide
• TRB Highway Capacity Manual (HCM)
• ITE Trip Generation Manual
• ITE Parking Generation Manual
• California Vehicle Code (CVC)
• California Manual on Uniform Traffic Control Devices (CA MUTCD) • NACTO Urban Street Design Guide
• NACTO Urban Bikeway Design Guide
• NACTO Transit Street Design Guide
• CA Standard Plans and Specifications
• City of Santa Maria General Plan
• City of Santa Maria Zoning Ordinance
• City of Santa Maria Standard Details and Specifications • City of Santa Maria Active Transportation Plan
• City of Santa Maria Local Road Safety Plan
Purpose
The Consultant shall provide on-call traffic engineering, transportation planning, traffic operations, safety, multimodal, signal/ITS, data collection, development review, and related professional services for City projects, development review, grant applications, policy updates, and public works activities.
Traffic Operations and Safety Studies
Prepare and review traffic operations studies, HCM/LOS analyses, queuing and delay analyses, signal warrant analyses, all-way stop warrant analyses, sight-distance evaluations, collision and systemic safety analyses, speed surveys, speed-limit support, AB 43/safe-speed evaluations, corridor studies, and before/after evaluations.
Development Review and CEQA/VMT Support
Review development traffic studies, transportation impact analyses, site access/circulation, frontage improvements, queuing, parking/loading, truck access, construction traffic, school access, mitigation measures, fair-share/proportionate-share calculations, VMT screening and analysis, TDM measures, and transportation-related CEQA documentation.
Traffic Signal, ITS, and Electrical/Communications Design Prepare or review traffic signal, flashing beacon, RRFB, pedestrian hybrid beacon, signing/striping, detection, controller, cabinet, conduit, fiber/communications, CCTV, TSP/EVP, coordination/timing, ATMS, and related ITS design documents. Include plans, specifications, estimates, bid support, and construction support when authorized.
Signal Timing and Coordination
Attachment J
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Conduct signal timing studies, time-of-day plans, coordination plans, Synchro/SimTraffic or equivalent modeling, field implementation support, controller database review, special event timing, emergency response/transit priority coordination, and before/after performance reporting.
Data Collection and Modeling
Collect and analyze ADT, turning movement, pedestrian, bicycle, truck, speed, travel time, origin-destination, parking, curb-use, and multimodal data. Use industry-standard modeling and data platforms such as Synchro/SimTraffic, Vistro, Vissim, TransCAD, GIS, and big data platforms where applicable.
Support updates to City traffic models, corridor plans, congestion management analyses, and regional planning deliverables when authorized by task order.
Complete Streets, Active Transportation, and Transit
Plan and design complete streets, traffic calming, bikeways, pedestrian facilities, Safe Routes to School improvements, transit access improvements, curb management, roundabouts, crossing enhancements, and multimodal corridor improvements consistent with applicable City, Caltrans, CA MUTCD, NACTO, AASHTO, ADA/PROWAG, and transit guidance.
Signing, Striping, and Temporary Traffic Control
Prepare signing and striping plans, pavement marking plans, traffic control plans, detour/staging plans, construction impact analyses, and work-zone traffic control recommendations consistent with CA MUTCD and City standards.
Grant, Policy, and Planning Support
Support grant applications and implementation for HSIP, ATP, SS4A, Caltrans, regional, state, and federal funding programs. Prepare technical exhibits, benefit/cost inputs, safety analysis, cost estimates, schedules, and scope narratives. Support transportation master plans, Circulation Element updates, LRSP/Safety Action Plan updates, and City policy/guideline updates.
Public Outreach and Meetings
Prepare technical exhibits, bilingual outreach materials when required, presentations, staff reports, public-meeting support, comment responses, and technical support for Planning Commission, City Council, committees, community workshops, and stakeholder meetings.
Training and Staff Extension
Provide staff training, peer review, development review assistance, field investigations, technical memoranda, and staff-extension support as requested by task order.
Deliverables
Deliverables may include technical memoranda, traffic studies, review comments, traffic model files, count databases, concept plans, PS&E packages, cost estimates, signal timing files, GIS data, grant exhibits, presentation materials, staff training materials, and construction support logs.
Attachment J
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REQUIREMENTS
Contractor(s) shall meet the following requirements:
1. Experience: The Contractor must have experience providing traffic engineering services to municipalities of similar size or sufficient experience in transportation planning and traffic engineering. Specifically, experience should include, but not be limited to: safety studies, operational studies, warrant analysis, signal operations, conceptual road designs, data collection and travel modeling.
1. Deadlines: The Contractor must meet the deadlines listed in the various project schedules. The Contractor will have the opportunity to create the schedule, but once finalized must adhere to it.
2. Compliance: Contractors shall comply with all applicable Federal, State, and local laws and ordinances. This includes City insurance and indemnification requirements
3. Reporting: Once per month, the Contractor shall provide the City with an itemized account of all services provided in a format approved by the City.
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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 shee t.
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 S ection 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 J
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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 employ ees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
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.
Attachment J
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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 n otices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of thi s Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
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 Attachment J
Atty. Rev. 2025
to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Attachment J
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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 Attachment J
Atty. Rev. 2025
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 1½ times the basic rate of pay; and (ii) specify penalties to be imposed on CONTRACTORs and subcontractors of $25 per worker per day for each day the worker works more than 8 hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.
6. Required Provisions for Subcontracts. The CONTRACTOR shall include, at a minimum, a copy of the following provisions in any contract they enter into with a subcontractor: California Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860 and 1861.
7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the CONTRACTOR is required to secure the payment of compensation of its employees.
By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:
“I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
8. Compliance Monitoring and Enforcement. This project is subject to compliance monitoring and enforcement by the DIR. The City must withhold contract payments from the CONTRACTOR as Attachment J
Atty. Rev. 2025
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.
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 Construction Management and Inspection Services
Description:
The City Council will consider adopting Resolutions approving the award of On -Call Construction Management and Inspection Services to Cannon Corporation; Filippin Engineering, Inc.; Vanir Construction Management, Inc.; Wallace Group; and Water Systems Consulting, Inc.
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
RECOMMENDATION:
1. Adopt a Resolution awarding a Professional Services Agreement to Cannon Corporation for On -Call Construction Management and Inspection 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 Filippin Engineering, Inc. for On -Call Construction Management and Inspection 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 Vanir Construction Management, Inc. for On -Call Construction Management and Inspection 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 Wallace Group for On-Call Construction Management and Inspection 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 5. Adopt a Resolution awarding a Professional Servi ces Agreement to Water Systems Consulting, Inc. for On -Call Construction Management and Inspection 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 municipal infrastructure, structures, and facilities throughout the City. The City has active and pending projects that require technical assistance from firms able to provide Construction Management and Inspection Services.
While the City employs Civil Engineers on staff, these buildings and facilities require professional engineering beyond the capabilities of the existing staff and fall outside the normal workloads; therefore, necessitating the hiring of outside consultants for these services. Having on-call consultants that can provide these services will allow the City to deliver projects in a timely manner.
DISCUSSION:
On 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 15, 2026.
Selection of the best-qualified firms was made in accordance with the City’s Purchasing Guidelines. A selection committee, consisting of Engineering Division staff, independently evaluated and ranked the proposals. After deliberations, the top ranked firms chosen are as follows:
Firm and Location
Cannon Corporation, San Luis Obispo, CA
Filippin Engineering, Inc., San Luis Obispo, CA
Vanir Construction Management, Inc., Fresno, CA
Wallace Group, San Luis Obispo, CA
Water Systems Consulting, Inc., San Luis Obispo, 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 Construction Management and Inspection 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 b e issued based on an agreed -upon, written scope of work, implementation schedule, and maximum fee arrangement negotiated on a project- by-project basis.
3 Alternative(s)
City Council could decide to not award these Construction Management and Inspection Services Agreements and direct staff to issue Requests for Proposals for each project individually. However, this alternative is not recommended as there is a significant backlog of funded projects for which outside Construction Management and Inspection Services are required to augment City staff. Further, having pre -approved, on-call, as- needed firms readily available will allow for more efficient and timely delivery of projects as multiple projects can be designed concurrently.
Fiscal Considerations
Fees for On-Call Construction Management and Inspection Services will be based on a project-by-project basis and directly charged to individual project budgets. Each project is separately approved and budgeted by the City Council. The City is under no obligation to expend any funds under these Professional Services Agreements.
Impact on the Community
The community will benefit by the City being able to supplement City staff when needed to deliver projects to the community in a timely manner resulting in a higher quality of life for residents and visitors to the community.
ATTACHMENT(S)
A. Resolution - Cannon Corporation
B. Resolution - Filippin Engineering, Inc.
C. Resolution - Vanir Construction Management, Inc.
D. Resolution - Wallace Group
E. Resolution - Water Systems Consulting, Inc.
F. Agreement - Cannon Corporation
G. Agreement - Filippin Engineering, Inc.
H. Agreement - Vanir Construction Management, Inc.
I. Agreement - Wallace Group
J. Agreement - Water Systems Consulting, Inc.
Attachment A
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MARIA, CALIFORNIA,
AWARDING A PROFESSIONAL SERVICES AGREEMENT TO
CANNON CORPORATION FOR ON-CALL CONSTRUCTION
MANAGEMENT AND INSPECTION 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 Construction Management and Inspection Services to support municipal improvement 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 15, 2026, the City received ten proposals from firms that perform this work; and
WHEREAS, staff formed a selection committee to independently review and score each firm's proposal based on specific criteria in the RFP; and
WHEREAS, following deliberations, the selection committee determined that Cannon Corporation satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed On-Call Construction Management and Inspection Services; and
WHEREAS, the firms will provide services on an on-call, as -needed, project -specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. Authorize City Manager, or designee, to approve and execute, on behalf of the City, a Professional Services Agreement with Cannon Corporation, 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 Construction Management and Inspection Services; and
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Attachment A
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SECTION 2. The Chief Deputy City Cle rk is hereby authorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 4th day of August 2026.
ATTEST:
Chief Deputy City Clerk
Mayor
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
FILIPPIN ENGINEERING, INC. FOR ON-CALL CONSTRUCTION
MANAGEMENT AND INSPECTION 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 Construction Management and Inspection Services to support municipal improvement 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 15, 2026, the City received ten proposals from firms that perform this work; and
WHEREAS, staff formed a selection committee to independently review and score each firm's proposal based on specific criteria in the RFP; and
WHEREAS, following deliberations, the selection committee determined that Filippin Engineering, Inc. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed On-Call Construction Management and Inspection Services; and
WHEREAS, the firms will provide services on an on-call, as -needed, project -specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. Authorize City Manager , or designee, to approve and execute, on behalf of the City, a Professional Services Agreement with Filippin Engineering, Inc., 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 Construction Management and Inspection Services; and
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Attachment B
SECTION 2. The Chief Deputy City Clerk is hereby authorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 4th day of August 2026.
ATTEST:
Chief Deputy City Clerk
Mayor
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 VANIR CONSTRUCTION MANAGEMENT, INC. FOR ON-CALL
CONSTRUCTION MANAGEMENT AND INSPECTION 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 Construction Management and Inspection Services to support municipal improvement 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 15, 2026, the City received ten 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 Vanir Construction Management, Inc. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed On-Call Construction Management and Inspection Services; and
WHEREAS, the firms will provide services on an on-call, as -needed, project -specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. Authorize City Manager , or designee, to approve and execute, on behalf of the City, a Professional Services Agreement with Vanir Construction Management, Inc. , 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 Construction Management and Inspection Services; and
Attachment C
SECTION 2. The Chief Deputy City Clerk is hereby authorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 4th day of August 2026.
ATTEST:
Chief Deputy City Clerk
Mayor
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 WALLACE GROUP FOR ON-CALL CONSTRUCTION MANAGEMENT
AND INSPECTION 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 Construction Management and Inspection Services to support municipal improvement 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 15, 2026, the City received ten proposals from firms that perform this work; and
WHEREAS, staff formed a selection committee to independently review and score each firm's proposal based on specific criteria in the RFP; and
WHEREAS, following deliberations, the selection committee determined that Wallace Group satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed On-Call Construction Management and Inspection Services; and
WHEREAS, the firms will provide services on an on-call, as -needed, project -specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. Authorize City Manager, or designee, to approve and execute, on behalf of the City, a Professional Services Agreement with Wallace Group , for an aggregate not-to-exceed fee of $1,000,000 per fiscal 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 Construction Management and Inspection Services; and
///
Attachment D
SECTION 2. The Chief Deputy City Clerk is hereby a uthorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 4th day of August 2026.
ATTEST:
Chief Deputy City Clerk
Mayor
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 WATER SYSTEMS CONSULTING, INC. FOR ON-CALL
CONSTRUCTION MANAGEMENT AND INSPECTION 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 Construction Management and Inspection Services to support municipal improvement 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 15, 2026, the City received ten 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 Water Systems Consulting, Inc. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed On-Call Construction Management and Inspection Services; and
WHEREAS, the firms will provide services on an on-call, as -needed, project - specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. Authorize City Manager, or designee, to approve and execute, on behalf of the City, a Professional Services Agreement with Water Systems Consulting, Inc., 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 Construction Management and Inspection Services; and
Attachment E
///
SECTION 2. The Chief Deputy City Clerk is hereby authorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 4th day of August 2026.
ATTEST:
Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager
Attachment F
Atty. Rev. 2025
AGREEMENT FOR SERVICES
This Agreement is made on August 4, 2026, by and between Cannon Corporation, a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:
WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City 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 construction management and inspection services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.
2.07. Exhibits. Exhibits “A, B, C, and D are attached and incorporated.
3. Contractor’s Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.
3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor. No employer/employee relationship exists between Contractor and the City. Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement.
3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all Attachment F
Atty. Rev. 2025
claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor or the acts or omissions of an employee, agent or subcontractor of the Contractor. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.
4. Miscellaneous
4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City: To Contractor:
City of Santa Maria – Department of Public Works Cannon Corporation Attn: Yoselyn Moreno Attn: Patrick Riddell 110 S. Pine Street, Suite 221 1050 Southwood Drive Santa Maria, CA 93458 San Luis Obispo, CA 93401
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into 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 Attachment F
Atty. Rev. 2025
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: Larry Kraemer, P.E. By: Brett Fulgoni
Director Public Works Director
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
Attachment F
Atty. Rev. 2025
EXHIBIT A
SCOPE OF WORK
Basic services shall be to perform construction management, resident engineering, inspection, and construction administration tasks.
Selected firms will be expected to perform a minimum of the following tasks either within their own forces or by the use of sub-contractors identified in contractor’s proposal.
Tasks may include, but are not limited to the following:
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform CM/inspection services on the projects listed above include, but are not limited to:
Constructability Review
Oversight of construction surveying and material testing Pre-job coordination and administration activities
Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o AWWA
o City of Santa Maria
o County of Santa Barbara
Experience in documentation of activities through Daily Inspection Logs Construction Safety Orders
Best Management Practices
Inspection:
o Traffic Control
o Storm Water Prevention Measures
o General Street Construction
o Underground Utility Construction
o Traffic Signal Installation
o Landscaping and Irrigation Installation
o Street Striping
Ability to work with utilities and public agencies in and adjacent to the City of Santa Maria Understanding of environmental regulations relevant to construction activities. Deliverables shall include, but are not limited to: daily inspection reports, photo logs, quantity tracking sheets, RFI log, submittal log, change order documentation and recommendations, progress payment recommendations, meeting minutes, punch lists, and project closeout and record/as-built documentation.
Attachment F
Atty. Rev. 2025
EXHIBIT B
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City w ill identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Order will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.
The aggregate not -to-exceed fee for all tasks provided under this Agreement shall be $1,000,000 per fiscal year (July 1 through June 30), with a total aggregate not -to-exceed amount of $2,000,000 for the full two -year term.
II. Invoice procedure.
A. Payment shall be monthly based on the billable charges.
B. The Contractor shall present the bill for charges from the previous month.
C. The Contractor's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.
D. City may withhold payment for disputed work. Payment of fees shall not constitute an acceptance of work.
III. Rates shall be billed according to Contractor’s attached fee schedule, up to the not-to- exceed amount. Work Authorized by Change Order/Amendment shall be billed at on a time and materials basis according to the attached fee schedule, unless another payment method is agreed to in writing by the City prior to initiation of work.
IV. If Contractor’s response to the City’s RFP or RFQ is attached to this agreement, all terms other than those concerning the Contractor’s billing rates and scope of work are null and void.
Attachment F
Atty. Rev. 2025
Attachment F
Atty. Rev. 2025
EXHIBIT C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or 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 cov ering 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 v iolations, 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.
Attachment F
Atty. Rev. 2025
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, of ficials, 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 n otices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of thi s Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
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 languag e effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure Attachment F
Atty. Rev. 2025
to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Attachment F
Atty. Rev. 2025
EXHIBIT D
PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND PRECONSTRUCTION PHASES OF
CONSTRUCTION, AND INSTALLATIONS
The terms of this Exhibit apply to all Public Works projects for over $1,000.
For purposes of this Exhibit, “Public Works” includes any project of a type defined in California Labor Code section 1720 when paid for in whole or in part by public funds. These projects include:
construction, alteration, demolition, installation, or 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 Attachment F
Atty. Rev. 2025
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 1½ times the basic rate of pay; and (ii) specify penalties to be imposed on CONTRACTORs and subcontractors of $25 per worker per day for each day the worker works more than 8 hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.
6. Required Provisions for Subcontracts. The CONTRACTOR shall include, at a minimum, a copy of the following provisions in any contract they enter into with a subcontractor: California Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860 and 1861.
7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the CONTRACTOR is required to secure the payment of compensation of its employees.
By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:
“I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
8. Compliance Monitoring and Enforcement. This project is subject to compliance monitoring and enforcement by the DIR. The City must withhold contract payments from the CONTRACTOR as Attachment F
Atty. Rev. 2025
directed by the DIR, pursuant to California Labor Code section 1727.
9. CONTRACTOR and Subcontractor Registration Requirements. The CONTRACTOR and all subcontractors shall not engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5 CONTRACTOR certifies that the CONTRACTOR has verified that all CONTRACTOR and all subcontractors (if any approved by City) used on this project are registered with the DIR in compliance with California Labor Code sections 1771.1 and 1725.5. The CONTRACTOR shall provide proof of registration for themselves and all listed subcontractors to the City at the time of signature of contract and immediately upon any changes or City’s request.
10. Stop Order. Where a CONTRACTOR or subcontractor engages in the performance of any public work contract without having been registered in violation of California Labor Code sections 1725.5 or 1771.1, the Labor Commissioner must issue and serve a stop order prohibiting the use of the unregistered CONTRACTOR or subcontractor on ALL public works until the unregistered CONTRACTOR or subcontractor is registered. Failure to observe a stop order is a misdemeanor.
Attachment G
Atty. Rev. 2025
AGREEMENT FOR SERVICES
This Agreement is made on August 4, 2026, by and between Filippin Engineering, Inc., a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:
WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City 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 construction management and inspection services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.
2.07. Exhibits. Exhibits “A, B, C, and D are attached and incorporated.
3. Contractor’s Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.
3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor. No employer/employee relationship exists between Contractor and the City. Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement.
3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all Attachment G
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claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor or the acts or omissions of an employee, agent or subcontractor of the Contractor. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.
4. Miscellaneous
4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City: To Contractor:
City of Santa Maria – Department of Public Works Filippin Engineering, Inc.
Attn: Yoselyn Moreno Attn: Lyle Nemeth
110 S. Pine Street, Suite 221 354 South Fairview Avenue Santa Maria, CA 93458 Goleta, CA 93117
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 Attachment G
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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: Lyle Nemeth, P.E. By: Brett Fulgoni
CFO Public Works Director
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
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EXHIBIT A
SCOPE OF WORK
Basic services shall be to perform construction management, resident engineering, inspection, and construction administration tasks.
Selected firms will be expected to perform a minimum of the following tasks either within their own forces or by the use of sub-contractors identified in contractor’s proposal.
Tasks may include, but are not limited to the following:
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform CM/inspection services on the projects listed above include, but are not limited to:
Constructability Review
Oversight of construction surveying and material testing Pre-job coordination and administration activities
Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o AWWA
o City of Santa Maria
o County of Santa Barbara
Experience in documentation of activities through Daily Inspection Logs Construction Safety Orders
Best Management Practices
Inspection:
o Traffic Control
o Storm Water Prevention Measures
o General Street Construction
o Underground Utility Construction
o Traffic Signal Installation
o Landscaping and Irrigation Installation
o Street Striping
Ability to work with utilities and public agencies in and adjacent to the City of Santa Maria Understanding of environmental regulations relevant to construction activities. Deliverables shall include, but are not limited to: daily inspection reports, photo logs, quantity tracking sheets, RFI log, submittal log, change order documentation and recommendations, progress payment recommendations, meeting minutes, punch lists, and project closeout and record/as-built documentation.
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EXHIBIT B
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City w ill identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase 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 G
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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
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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 cov ering 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 v iolations, 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.
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
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The liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, of ficials, 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 n otices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of thi s Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
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 languag e effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
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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 Attachment G
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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 1½ times the basic rate of pay; and (ii) specify penalties to be imposed on CONTRACTORs and subcontractors of $25 per worker per day for each day the worker works more than 8 hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.
6. Required Provisions for Subcontracts. The CONTRACTOR shall include, at a minimum, a copy of the following provisions in any contract they enter into with a subcontractor: California Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860 and 1861.
7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the CONTRACTOR is required to secure the payment of compensation of its employees.
By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:
“I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
8. Compliance Monitoring and Enforcement. This project is subject to compliance monitoring and enforcement by the DIR. The City must withhold contract payments from the CONTRACTOR as Attachment G
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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.
Attachment H
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AGREEMENT FOR SERVICES
This Agreement is made on August 4, 2026, by and between Vanir Construction Management, 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 construction management and inspection services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.
2.07. Exhibits. Exhibits “A, B, C, and D are attached and incorporated.
3. Contractor’s Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.
3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor. No employer/employee relationship exists between Contractor and the City. Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement.
3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all Attachment H
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claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor or the acts or omissions of an employee, agent or subcontractor of the Contractor. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.
4. Miscellaneous
4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City: To Contractor:
City of Santa Maria – Department of Public Works Vanir Construction Management, Inc.
Attn: Yoselyn Moreno Attn: Scott Murphy
110 S. Pine Street, Suite 221 2444 Main Street, Suite 130 Santa Maria, CA 93458 Fresno, CA 93721
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 Attachment H
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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: Jerry Avalos By: Brett Fulgoni
President Public Works Director
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
Attachment H
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EXHIBIT A
SCOPE OF WORK
Basic services shall be to perform construction management, resident engineering, inspection, and construction administration tasks.
Selected firms will be expected to perform a minimum of the following tasks either within their own forces or by the use of sub-contractors identified in contractor’s proposal.
Tasks may include, but are not limited to the following:
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform CM/inspection services on the projects listed above include, but are not limited to:
Constructability Review
Oversight of construction surveying and material testing Pre-job coordination and administration activities
Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o AWWA
o City of Santa Maria
o County of Santa Barbara
Experience in documentation of activities through Daily Inspection Logs Construction Safety Orders
Best Management Practices
Inspection:
o Traffic Control
o Storm Water Prevention Measures
o General Street Construction
o Underground Utility Construction
o Traffic Signal Installation
o Landscaping and Irrigation Installation
o Street Striping
Ability to work with utilities and public agencies in and adjacent to the City of Santa Maria Understanding of environmental regulations relevant to construction activities. Deliverables shall include, but are not limited to: daily inspection reports, photo logs, quantity tracking sheets, RFI log, submittal log, change order documentation and recommendations, progress payment recommendations, meeting minutes, punch lists, and project closeout and record/as-built documentation.
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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.
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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 t he 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, re lease 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 equ ipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City.
All n otices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage
Consultant shall furnish the City with original certificat es and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure Attachment H
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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 Attachment H
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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 1½ times the basic rate of pay; and (ii) specify penalties to be imposed on CONTRACTORs and subcontractors of $25 per worker per day for each day the worker works more than 8 hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.
6. Required Provisions for Subcontracts. The CONTRACTOR shall include, at a minimum, a copy of the following provisions in any contract they enter into with a subcontractor: California Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860 and 1861.
7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the CONTRACTOR is required to secure the payment of compensation of its employees.
By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:
“I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
8. Compliance Monitoring and Enforcement. This project is subject to compliance monitoring and enforcement by the DIR. The City must withhold contract payments from the CONTRACTOR as Attachment H
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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 Wallace Group, a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:
WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Consultant to provide manpower to complete the Project; and
WHEREAS, Consultant is registered or licensed in California to perform desired services for the Project.
NOW, THEREFORE, IT IS AGREED:
1. Recitals true. The above recitals are true.
2. General.
2.01. Term and Termination. The term of this contract is until 11:59 p.m. on June 30, 2028, beginning on the date first written above. This contract may be extended by mutual consent of the 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 construction management and inspection services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.
2.07. Exhibits. Exhibits “A, B, C, and D are attached and incorporated.
3. Contractor’s Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.
3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor. No employer/employee relationship exists between Contractor and the City. Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement.
3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all Attachment I
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claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor or the acts or omissions of an employee, agent or subcontractor of the Contractor. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.
4. Miscellaneous
4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City: To Contractor:
City of Santa Maria – Department of Public Works Wallace Group Attn: Yoselyn Moreno Attn: Jorge Aguilar
110 S. Pine Street, Suite 221 612 Clarion Court Santa Maria, CA 93458 San Luis Obispo, CA 93401
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 Attachment I
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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: Jorge Aguilar, P.E. By: Brett Fulgoni
Principal Public Works Director
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
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EXHIBIT A
SCOPE OF WORK
Basic services shall be to perform construction management, resident engineering, inspection, and construction administration tasks.
Selected firms will be expected to perform a minimum of the following tasks either within their own forces or by the use of sub-contractors identified in contractor’s proposal.
Tasks may include, but are not limited to the following:
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform CM/inspection services on the projects listed above include, but are not limited to:
Constructability Review
Oversight of construction surveying and material testing Pre-job coordination and administration activities
Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o AWWA
o City of Santa Maria
o County of Santa Barbara
Experience in documentation of activities through Daily Inspection Logs Construction Safety Orders
Best Management Practices
Inspection:
o Traffic Control
o Storm Water Prevention Measures
o General Street Construction
o Underground Utility Construction
o Traffic Signal Installation
o Landscaping and Irrigation Installation
o Street Striping
Ability to work with utilities and public agencies in and adjacent to the City of Santa Maria Understanding of environmental regulations relevant to construction activities. Deliverables shall include, but are not limited to: daily inspection reports, photo logs, quantity tracking sheets, RFI log, submittal log, change order documentation and recommendations, progress payment recommendations, meeting minutes, punch lists, and project closeout and record/as-built documentation.
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EXHIBIT B
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City w ill identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase 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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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 pr ivacy 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 equ ipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City.
All n otices provided pursuant to this Agreement shall be giv en 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 furn ish 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 Attachment I
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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 Attachment I
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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 1½ times the basic rate of pay; and (ii) specify penalties to be imposed on CONTRACTORs and subcontractors of $25 per worker per day for each day the worker works more than 8 hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.
6. Required Provisions for Subcontracts. The CONTRACTOR shall include, at a minimum, a copy of the following provisions in any contract they enter into with a subcontractor: California Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860 and 1861.
7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the CONTRACTOR is required to secure the payment of compensation of its employees.
By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:
“I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
8. Compliance Monitoring and Enforcement. This project is subject to compliance monitoring and enforcement by the DIR. The City must withhold contract payments from the CONTRACTOR as Attachment I
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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 Water Systems Consulting, 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 construction management and inspection services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.
2.07. Exhibits. Exhibits “A, B, C, and D are attached and incorporated.
3. Contractor’s Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.
3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor. No employer/employee relationship exists between Contractor and the City. Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement.
3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all Attachment J
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claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor or the acts or omissions of an employee, agent or subcontractor of the Contractor. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.
4. Miscellaneous
4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City: To Contractor:
City of Santa Maria – Department of Public Works Water Systems Consulting, Inc.
Attn: Yoselyn Moreno Attn: Justin Pickard 110 S. Pine Street, Suite 221 805 Aerovista Place, Suite 201 Santa Maria, CA 93458 San Luis Obispo, CA 93401
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into 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 la ws 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 Attachment J
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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: Justin Pickard, P.E. By: Brett Fulgoni
Vice President Public Works Director
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
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EXHIBIT A
SCOPE OF WORK
Basic services shall be to perform construction management, resident engineering, inspection, and construction administration tasks.
Selected firms will be expected to perform a minimum of the following tasks either within their own forces or by the use of sub-contractors identified in contractor’s proposal.
Tasks may include, but are not limited to the following:
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform CM/inspection services on the projects listed above include, but are not limited to:
Constructability Review
Oversight of construction surveying and material testing Pre-job coordination and administration activities
Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o AWWA
o City of Santa Maria
o County of Santa Barbara
Experience in documentation of activities through Daily Inspection Logs Construction Safety Orders
Best Management Practices
Inspection:
o Traffic Control
o Storm Water Prevention Measures
o General Street Construction
o Underground Utility Construction
o Traffic Signal Installation
o Landscaping and Irrigation Installation
o Street Striping
Ability to work with utilities and public agencies in and adjacent to the City of Santa Maria Understanding of environmental regulations relevant to construction activities. Deliverables shall include, but are not limited to: daily inspection reports, photo logs, quantity tracking sheets, RFI log, submittal log, change order documentation and recommendations, progress payment recommendations, meeting minutes, punch lists, and project closeout and record/as-built documentation.
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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 task s 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 J
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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 pr ivacy 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 equ ipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City.
All n otices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is cance led 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 Attachment J
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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 Attachment J
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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 1½ times the basic rate of pay; and (ii) specify penalties to be imposed on CONTRACTORs and subcontractors of $25 per worker per day for each day the worker works more than 8 hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.
6. Required Provisions for Subcontracts. The CONTRACTOR shall include, at a minimum, a copy of the following provisions in any contract they enter into with a subcontractor: California Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860 and 1861.
7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the CONTRACTOR is required to secure the payment of compensation of its employees.
By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:
“I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
8. Compliance Monitoring and Enforcement. This project is subject to compliance monitoring and enforcement by the DIR. The City must withhold contract payments from the CONTRACTOR as Attachment J
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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.
COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Brett Fulgoni, Director of Public Works
DATE: August 4, 2026
SUBJECT: Adoption of Resolutions to Award Four Professional Services Agreement for On -Call Landscape Architecture and Site Design Services
Description:
The City Council will consider approving the award of On -Call Landscape Architecture and Site Design Services Agreements to BMLA, Inc., Community Works Design Group, David Volz Design Landscape Architects Inc, and Wallace Group.
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
RECOMMENDATION:
1. Adopt a Resolution awarding a Professional Services Agreement to BMLA, Inc. for On-Call Landscape Architecture and Site Design 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 Community Works Design Group for On-Call Landscape Architecture and Site Design Services with an aggregate not -to-exceed fee of $1,000,000 per fiscal year s 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 David Volz Design Landscape Architects Inc for On -Call Landscape Architecture and Site Design 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 aggre gate not- to-exceed amount of $2,000,000 for the full term of the Agreement; and
4. Adopt a Resolution awarding a Professional Services Agreement to Wallace Group for On-Call Landscape Architecture and Site Design Services with an aggregate not-to-exceed fee o f $1,000,000 per fiscal year s 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. Authorize City Manager, or designee, to execute agreements.
2 BACKGROUND:
The City owns, operates, and maintains municipal infrastructure, structures, and facilities throughout the City. The City has active and pending projects that require technical assistance from Landscape Architecture firms. While the City employs Civil Engineers on staff, the City does not have licensed Landscape Architects on staff and must hire outside consultants for these services. Having on-call consultants that can provide these services will allow the City to deliver these projects in a timely manner.
DISCUSSION:
On May 26, 2026, a Request for Proposal (RFP) was issued and advertised through the City’s e-Procurement Portal, PlanetBids. A total of eight proposals were received on June 10, 2026.
Selection of the best-qualified firms was made in accordan ce with the City’s Purchasing Guidelines. A selection committee, consisting of Engineering Division staff, independently evaluated and ranked the proposals. After deliberations, the top four ranked firms chosen are as follows:
Firm and Location
BMLA, Inc., Corona, CA
Community Works Design Group, Riverside, CA
David Volz Design Landscape Architects Inc, Costa Mesa, CA Wallace Group, San Luis Obispo, 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 Landscape Architecture and Site Design 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 Landscape Architecture and Site Design Professional Services Agreements and direct staff to issue RFP’s for each project individually. However, this alternative is not recommended as there is a significant backlog of funded projects for which outside Landscape Architecture and Site Design Services are required to augment City staff. Further, having pre -approved, on-call, as- needed firms readily available will allow for more efficient and timely delivery of projects as multiple projects can be designed concurrently.
3 Fiscal Considerations
Fees for On -Call Landscape Architecture and Site Design Services will be based on a project-by-project basis and directly charged to individual project budgets. Each project is separately approved and budgeted by City Council. The City is under no obligation to expend any funds under these Professional Services Agreements.
Impact on the Community
Approval of these On-Call Landscape Architecture and Site Design Services Agreements will allow the City to efficiently design and deliver community projects that enhance public spaces, parks, and streetscapes. This will help improve the overall aesthetic, functionality, and livability of Santa Maria’s built environment.
ATTACHMENT(S)
A. Resolution - BMLA, Inc.
B. Resolution - Community Works Design Group
C. Resolution - David Volz Design Landscape Architects Inc D. Resolution - Wallace Group
E. Agreement - BMLA, Inc.
F. Agreement - Community Works Design Group
G. Agreement - David Volz Design Landscape Architects Inc H. Agreement - Wallace Group
Attachment A