RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MARIA, CALIFORNIA,
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
WHEREAS, the need exists for the City to obtain prompt, professional Landscape Architecture and Site Design Services to support municipal improvements projects; and
WHEREAS, on May 26, 2026 , the City issued a Request for Proposal (RFP) for On-Call Landscape Architecture and Site Design Professional Services for projects within the City. The RFP was issued and advertised through the City’s e -Procurement Portal, PlanetBids; and
WHEREAS, on June 10, 2026, the City received eight 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 BMLA, Inc. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on-call Landscape Architecture and Site Design 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 BMLA, Inc., 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 Landscape Architecture and Site Design 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
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 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 Landscape Architecture and Site Design Services to support municipal improvements projects; and
WHEREAS, on May 26, 2026, the City issued a Request for Proposal (RFP) for On-Call Landscape Architecture and Site Design Professional Services for projects within the City. The RFP was issued and advertised through the City’s e -Procurement Portal, PlanetBids; and
WHEREAS, on June 10, 2026, the City received eight 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 Community Works Design Group satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on -call Landscape Architecture and Site Design 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 h ave 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 Community Works Design Group, 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 Landscape Architecture and Site Design 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
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 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 Landscape Architecture and Site Design Services to support municipal improvements projects; and
WHEREAS, on May 26, 2026, the City issued a Request for Proposal (RFP) for On-Call Landscape Architecture and Site Design Professional Services for projects within the City. The RFP was issued and advertised through the City’s e -Procurement Portal, PlanetBids; and
WHEREAS, on June 10, 2026, the City received eight 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 David Volz Design Landscape Architects Inc satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on -call Landscape Architecture and Site Design Services; and
WHEREAS, the firms will provide services on an on -call, as-needed, and project specific basis as defined by the City, an d 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 David Volz Design Landscape Architects 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 Landscape Architecture and Site Design 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 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
WHEREAS, the need exists for the City to obtain prompt, professional Landscape Architecture and Site Design Services to support municipal improvements projects; and
WHEREAS, on May 26, 2026, the City issued a Request for Proposal (RFP) for On-Call Landscape Architecture and Site Design Professional Services for projects within the City. Th e RFP was issued and advertised through the City’s e -Procurement Portal, PlanetBids; and
WHEREAS, on June 10, 2026, the City received eight 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 Landscape Architecture and Site Design 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 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 Landscape Architecture and Site Design 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 t he 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
Atty. Rev. 2025
AGREEMENT FOR SERVICES
This Agreement is made on August 4, 2026, by and between BMLA, 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 landscape architecture and site design services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
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 E
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 BMLA, Inc.
Attn: Yoselyn Moreno Attn: Steve Shirrel
110 S. Pine Street, Suite 221 310 N. Joy Street Santa Maria, CA 93458 Corona, CA 92879
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 E
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: Steve Shirrel By: Brett Fulgoni
President Public Works Director
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
Attachment E
Atty. Rev. 2025
EXHIBIT A
SCOPE OF WORK
Landscape Architecture and Site Design
Purpose
The Consultant shall provide on-call landscape architecture and site design services for City public works, recreation and parks, civic facility, streetscape, trail, median, public right-of-way, and other site-improvement projects. Services may include planning, conceptual design, final design, bid support, construction support, and related technical assistance authorized by task order.
Task Order Approach
Each task order shall identify the project limits, scope, schedule, deliverables, assumptions, City furnished information, subconsultants, and not-to-exceed fee. Consultant shall not proceed without written authorization, except emergency verbal authorization confirmed in writing within 24 hours.
Project Initiation and Site Assessment
Conduct site visits, document existing conditions, identify constraints and opportunities, review record drawings, utility information, easements, maintenance access, irrigation sources, tree/planting conditions, accessibility constraints, public safety concerns, and applicable City standards.
Conceptual Design and Planning
Prepare conceptual plans, alternatives, exhibits, renderings, site layouts, cost opinions, phasing concepts, and planning-level recommendations for parks, trails, streetscapes, medians, civic spaces, plazas, playgrounds, public facilities, and right-of-way landscape improvements.
Design Development and PS&E
Prepare plans, specifications, estimates, details, schedules, and technical memoranda for planting, irrigation, hardscape, site furnishings, playground and fitness equipment layouts, shade structures, monumentation, wayfinding/signage, fencing, walls, public art coordination, site lighting coordination, and related site improvements.
Water-Efficient and Sustainable Design
Prepare MWELO documentation, irrigation water budgets, hydrozone plans, water-efficient irrigation designs, recycled-water coordination when applicable, climate-appropriate planting palettes, urban-forestry/shade strategies, low-impact development/stormwater landscape interfaces, and sustainable maintenance recommendations.
Accessibility and Safety
Coordinate design with applicable ADA, PROWAG, California Building Code, and City accessibility requirements. Incorporate inclusive design, accessible routes, site visibility, CPTED/safety considerations, maintenance access, and user comfort into site concepts and construction documents.
Attachment E
Atty. Rev. 2025
Coordination and Subconsultants
Coordinate with City staff, Recreation and Parks, Planning, Utilities, Traffic, Building, Caltrans, County Flood Control, utilities, and other agencies as applicable. Consultant may provide or manage subconsultants for incidental civil engineering, surveying, electrical/lighting, irrigation, structural, arborist, cost estimating, environmental, or other services needed for the landscape/site assignment.
Public Outreach
When authorized, support community engagement, workshops, stakeholder meetings, surveys, visual exhibits, bilingual materials, presentation boards, and presentations to City boards, commissions, and City Council.
Bidding and Construction Support
Provide bid-period clarifications, addenda support, pre-bid/pre-construction meeting support, submittal and RFI review, field observations, punch lists, irrigation and planting establishment review, change-order support, and record drawing/as-built coordination.
Deliverables
Deliverables may include field notes, design criteria, concept alternatives, exhibits/renderings, 30/60/90/final PS&E packages, cost estimates, MWELO documentation, irrigation calculations, specifications, public outreach materials, construction support logs, punch lists, and record documents.
Minimum Qualifications
Key staff should include a California-licensed Landscape Architect experienced with public agency parks, streetscapes, trails, irrigation, public works construction documents, and construction support. Proposers should identify relevant subconsultants and experience with MWELO, accessible site design, public outreach, and municipal maintenance considerations.
Consultant may include subconsultants for incidental civil engineering, surveying, electrical/lighting, irrigation, structural, arborist, or cost-estimating services necessary to complete a landscape/site task order.
Site lighting concepts may be included; electrical design, photometrics, service points, conduit, controls, and construction documents shall be prepared by appropriately licensed electrical subconsultants when required.
REQUIREMENTS
1. Experience: The Contractor must have experience providing landscape architecture and design services to municipalities of similar size or sufficient experience in landscape architecture and design services. Specifically, experience should include, but not be limited to:
Parks, streets, street medians and shoulders, landscape/site improvements associated with drainage, trail, roadway, and bridge-interface projects, etc.
2. 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.
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Atty. Rev. 2025
3. Compliance: Contractors shall comply with all applicable Federal, State, and local laws and ordinances. This includes City insurance and indemnification requirements.
4. Reporting: Once per month, the Contractor shall provide the City with an itemized account of all services provided in a format approved by the City.
Attachment E
Atty. Rev. 2025
EXHIBIT B
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proc eed 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 E
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Attachment E
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EXHIBIT C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of priva te information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
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C. Self-insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance Provisions
The liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City.
All 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 E
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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 E
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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 E
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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 F
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AGREEMENT FOR SERVICES
This Agreement is made on August 4, 2026, by and between Community Works Design Group (CWDG), doing business as RHA Community Works, 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 landscape architecture and site design services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
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 compensati on 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 Attachment F
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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 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 Community Works Design Group Attn: Yoselyn Moreno Attn: Doug Grove
110 S. Pine Street, Suite 221 7111 Indiana Ave, Suite 300 Santa Maria, CA 93458 Riverside, CA 92504
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 Attachment F
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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: Doug Grove By: Brett Fulgoni
Managing Partner Public Works Director
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
Attachment F
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EXHIBIT A
SCOPE OF WORK
Landscape Architecture and Site Design
Purpose
The Consultant shall provide on-call landscape architecture and site design services for City public works, recreation and parks, civic facility, streetscape, trail, median, public right-of-way, and other site-improvement projects. Services may include planning, conceptual design, final design, bid support, construction support, and related technical assistance authorized by task order.
Task Order Approach
Each task order shall identify the project limits, scope, schedule, deliverables, assumptions, City furnished information, subconsultants, and not-to-exceed fee. Consultant shall not proceed without written authorization, except emergency verbal authorization confirmed in writing within 24 hours.
Project Initiation and Site Assessment
Conduct site visits, document existing conditions, identify constraints and opportunities, review record drawings, utility information, easements, maintenance access, irrigation sources, tree/planting conditions, accessibility constraints, public safety concerns, and applicable City standards.
Conceptual Design and Planning
Prepare conceptual plans, alternatives, exhibits, renderings, site layouts, cost opinions, phasing concepts, and planning-level recommendations for parks, trails, streetscapes, medians, civic spaces, plazas, playgrounds, public facilities, and right-of-way landscape improvements.
Design Development and PS&E
Prepare plans, specifications, estimates, details, schedules, and technical memoranda for planting, irrigation, hardscape, site furnishings, playground and fitness equipment layouts, shade structures, monumentation, wayfinding/signage, fencing, walls, public art coordination, site lighting coordination, and related site improvements.
Water-Efficient and Sustainable Design
Prepare MWELO documentation, irrigation water budgets, hydrozone plans, water-efficient irrigation designs, recycled-water coordination when applicable, climate-appropriate planting palettes, urban-forestry/shade strategies, low-impact development/stormwater landscape interfaces, and sustainable maintenance recommendations.
Accessibility and Safety
Coordinate design with applicable ADA, PROWAG, California Building Code, and City accessibility requirements. Incorporate inclusive design, accessible routes, site visibility, CPTED/safety considerations, maintenance access, and user comfort into site concepts and construction documents.
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Coordination and Subconsultants
Coordinate with City staff, Recreation and Parks, Planning, Utilities, Traffic, Building, Caltrans, County Flood Control, utilities, and other agencies as applicable. Consultant may provide or manage subconsultants for incidental civil engineering, surveying, electrical/lighting, irrigation, structural, arborist, cost estimating, environmental, or other services needed for the landscape/site assignment.
Public Outreach
When authorized, support community engagement, workshops, stakeholder meetings, surveys, visual exhibits, bilingual materials, presentation boards, and presentations to City boards, commissions, and City Council.
Bidding and Construction Support
Provide bid-period clarifications, addenda support, pre-bid/pre-construction meeting support, submittal and RFI review, field observations, punch lists, irrigation and planting establishment review, change-order support, and record drawing/as-built coordination.
Deliverables
Deliverables may include field notes, design criteria, concept alternatives, exhibits/renderings, 30/60/90/final PS&E packages, cost estimates, MWELO documentation, irrigation calculations, specifications, public outreach materials, construction support logs, punch lists, and record documents.
Minimum Qualifications
Key staff should include a California-licensed Landscape Architect experienced with public agency parks, streetscapes, trails, irrigation, public works construction documents, and construction support. Proposers should identify relevant subconsultants and experience with MWELO, accessible site design, public outreach, and municipal maintenance considerations.
Consultant may include subconsultants for incidental civil engineering, surveying, electrical/lighting, irrigation, structural, arborist, or cost-estimating services necessary to complete a landscape/site task order.
Site lighting concepts may be included; electrical design, photometrics, service points, conduit, controls, and construction documents shall be prepared by appropriately licensed electrical subconsultants when required.
REQUIREMENTS
1. Experience: The Contractor must have experience providing landscape architecture and design services to municipalities of similar size or sufficient experience in landscape architecture and design services. Specifically, experience should include, but not be limited to:
Parks, streets, street medians and shoulders, landscape/site improvements associated with drainage, trail, roadway, and bridge-interface projects, etc.
2. 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.
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3. Compliance: Contractors shall comply with all applicable Federal, State, and local laws and ordinances. This includes City insurance and indemnification requirements.
4. Reporting: Once per month, the Contractor shall provide the City with an itemized account of all services provided in a format approved by the City.
Attachment F
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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 $75,0 00 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
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Attachment F
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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, representativ es, 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, 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 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 F
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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.
Attachment F
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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.
Attachment G
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AGREEMENT FOR SERVICES
This Agreement is made on August 4, 2026, by and between David Volz Design Landscape Architects Inc, a California S-Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:
WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Consultant to provide manpower to complete the Project; and
WHEREAS, Consultant is registered or licensed in California to perform desired services for the Project.
NOW, THEREFORE, IT IS AGREED:
1. Recitals true. The above recitals are true.
2. General.
2.01. Term and Termination. The term of this contract is until 11:59 p.m. on June 30, 2028, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.
2.02. Services to be Performed. Contractor shall determine the method, details and means of providing on-call landscape architecture and site design services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
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 Attachment G
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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 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 David Volz Design Landscape Architects Inc Attn: Yoselyn Moreno Attn: Eric Sterling
110 S. Pine Street, Suite 221 151 Kalmus Drive, Suite M8 Santa Maria, CA 93458 Costa Mesa, CA 92626
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 Attachment G
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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: Eric Sterling By: Brett Fulgoni
President Public Works Director
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
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EXHIBIT A
SCOPE OF WORK
Landscape Architecture and Site Design
Purpose
The Consultant shall provide on-call landscape architecture and site design services for City public works, recreation and parks, civic facility, streetscape, trail, median, public right-of-way, and other site-improvement projects. Services may include planning, conceptual design, final design, bid support, construction support, and related technical assistance authorized by task order.
Task Order Approach
Each task order shall identify the project limits, scope, schedule, deliverables, assumptions, City furnished information, subconsultants, and not-to-exceed fee. Consultant shall not proceed without written authorization, except emergency verbal authorization confirmed in writing within 24 hours.
Project Initiation and Site Assessment
Conduct site visits, document existing conditions, identify constraints and opportunities, review record drawings, utility information, easements, maintenance access, irrigation sources, tree/planting conditions, accessibility constraints, public safety concerns, and applicable City standards.
Conceptual Design and Planning
Prepare conceptual plans, alternatives, exhibits, renderings, site layouts, cost opinions, phasing concepts, and planning-level recommendations for parks, trails, streetscapes, medians, civic spaces, plazas, playgrounds, public facilities, and right-of-way landscape improvements.
Design Development and PS&E
Prepare plans, specifications, estimates, details, schedules, and technical memoranda for planting, irrigation, hardscape, site furnishings, playground and fitness equipment layouts, shade structures, monumentation, wayfinding/signage, fencing, walls, public art coordination, site lighting coordination, and related site improvements.
Water-Efficient and Sustainable Design
Prepare MWELO documentation, irrigation water budgets, hydrozone plans, water-efficient irrigation designs, recycled-water coordination when applicable, climate-appropriate planting palettes, urban-forestry/shade strategies, low-impact development/stormwater landscape interfaces, and sustainable maintenance recommendations.
Accessibility and Safety
Coordinate design with applicable ADA, PROWAG, California Building Code, and City accessibility requirements. Incorporate inclusive design, accessible routes, site visibility, CPTED/safety considerations, maintenance access, and user comfort into site concepts and construction documents.
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Coordination and Subconsultants
Coordinate with City staff, Recreation and Parks, Planning, Utilities, Traffic, Building, Caltrans, County Flood Control, utilities, and other agencies as applicable. Consultant may provide or manage subconsultants for incidental civil engineering, surveying, electrical/lighting, irrigation, structural, arborist, cost estimating, environmental, or other services needed for the landscape/site assignment.
Public Outreach
When authorized, support community engagement, workshops, stakeholder meetings, surveys, visual exhibits, bilingual materials, presentation boards, and presentations to City boards, commissions, and City Council.
Bidding and Construction Support
Provide bid-period clarifications, addenda support, pre-bid/pre-construction meeting support, submittal and RFI review, field observations, punch lists, irrigation and planting establishment review, change-order support, and record drawing/as-built coordination.
Deliverables
Deliverables may include field notes, design criteria, concept alternatives, exhibits/renderings, 30/60/90/final PS&E packages, cost estimates, MWELO documentation, irrigation calculations, specifications, public outreach materials, construction support logs, punch lists, and record documents.
Minimum Qualifications
Key staff should include a California-licensed Landscape Architect experienced with public agency parks, streetscapes, trails, irrigation, public works construction documents, and construction support. Proposers should identify relevant subconsultants and experience with MWELO, accessible site design, public outreach, and municipal maintenance considerations.
Consultant may include subconsultants for incidental civil engineering, surveying, electrical/lighting, irrigation, structural, arborist, or cost-estimating services necessary to complete a landscape/site task order.
Site lighting concepts may be included; electrical design, photometrics, service points, conduit, controls, and construction documents shall be prepared by appropriately licensed electrical subconsultants when required.
REQUIREMENTS
1. Experience: The Contractor must have experience providing landscape architecture and design services to municipalities of similar size or sufficient experience in landscape architecture and design services. Specifically, experience should include, but not be limited to:
Parks, streets, street medians and shoulders, landscape/site improvements associated with drainage, trail, roadway, and bridge-interface projects, etc.
2. 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.
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3. Compliance: Contractors shall comply with all applicable Federal, State, and local laws and ordinances. This includes City insurance and indemnification requirements.
4. Reporting: Once per month, the 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 $75,0 00 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, represen tatives, 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, i ncluding 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 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 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 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 landscape architecture and site design services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
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 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 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: Jorge Aguilar By: Brett Fulgoni
Principal Public Works Director
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
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EXHIBIT A
SCOPE OF WORK
Landscape Architecture and Site Design
Purpose
The Consultant shall provide on-call landscape architecture and site design services for City public works, recreation and parks, civic facility, streetscape, trail, median, public right-of-way, and other site-improvement projects. Services may include planning, conceptual design, final design, bid support, construction support, and related technical assistance authorized by task order.
Task Order Approach
Each task order shall identify the project limits, scope, schedule, deliverables, assumptions, City furnished information, subconsultants, and not-to-exceed fee. Consultant shall not proceed without written authorization, except emergency verbal authorization confirmed in writing within 24 hours.
Project Initiation and Site Assessment
Conduct site visits, document existing conditions, identify constraints and opportunities, review record drawings, utility information, easements, maintenance access, irrigation sources, tree/planting conditions, accessibility constraints, public safety concerns, and applicable City standards.
Conceptual Design and Planning
Prepare conceptual plans, alternatives, exhibits, renderings, site layouts, cost opinions, phasing concepts, and planning-level recommendations for parks, trails, streetscapes, medians, civic spaces, plazas, playgrounds, public facilities, and right-of-way landscape improvements.
Design Development and PS&E
Prepare plans, specifications, estimates, details, schedules, and technical memoranda for planting, irrigation, hardscape, site furnishings, playground and fitness equipment layouts, shade structures, monumentation, wayfinding/signage, fencing, walls, public art coordination, site lighting coordination, and related site improvements.
Water-Efficient and Sustainable Design
Prepare MWELO documentation, irrigation water budgets, hydrozone plans, water-efficient irrigation designs, recycled-water coordination when applicable, climate-appropriate planting palettes, urban-forestry/shade strategies, low-impact development/stormwater landscape interfaces, and sustainable maintenance recommendations.
Accessibility and Safety
Coordinate design with applicable ADA, PROWAG, California Building Code, and City accessibility requirements. Incorporate inclusive design, accessible routes, site visibility, CPTED/safety considerations, maintenance access, and user comfort into site concepts and construction documents.
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Coordination and Subconsultants
Coordinate with City staff, Recreation and Parks, Planning, Utilities, Traffic, Building, Caltrans, County Flood Control, utilities, and other agencies as applicable. Consultant may provide or manage subconsultants for incidental civil engineering, surveying, electrical/lighting, irrigation, structural, arborist, cost estimating, environmental, or other services needed for the landscape/site assignment.
Public Outreach
When authorized, support community engagement, workshops, stakeholder meetings, surveys, visual exhibits, bilingual materials, presentation boards, and presentations to City boards, commissions, and City Council.
Bidding and Construction Support
Provide bid-period clarifications, addenda support, pre-bid/pre-construction meeting support, submittal and RFI review, field observations, punch lists, irrigation and planting establishment review, change-order support, and record drawing/as-built coordination.
Deliverables
Deliverables may include field notes, design criteria, concept alternatives, exhibits/renderings, 30/60/90/final PS&E packages, cost estimates, MWELO documentation, irrigation calculations, specifications, public outreach materials, construction support logs, punch lists, and record documents.
Minimum Qualifications
Key staff should include a California-licensed Landscape Architect experienced with public agency parks, streetscapes, trails, irrigation, public works construction documents, and construction support. Proposers should identify relevant subconsultants and experience with MWELO, accessible site design, public outreach, and municipal maintenance considerations.
Consultant may include subconsultants for incidental civil engineering, surveying, electrical/lighting, irrigation, structural, arborist, or cost-estimating services necessary to complete a landscape/site task order.
Site lighting concepts may be included; electrical design, photometrics, service points, conduit, controls, and construction documents shall be prepared by appropriately licensed electrical subconsultants when required.
REQUIREMENTS
1. Experience: The Contractor must have experience providing landscape architecture and design services to municipalities of similar size or sufficient experience in landscape architecture and design services. Specifically, experience should include, but not be limited to:
Parks, streets, street medians and shoulders, landscape/site improvements associated with drainage, trail, roadway, and bridge-interface projects, etc.
2. 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.
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3. Compliance: Contractors shall comply with all applicable Federal, State, and local laws and ordinances. This includes City insurance and indemnification requirements.
4. Reporting: Once per month, the 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 Proc eed 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 privacy violations, information theft, damage to or destruction of electronic information, releas e of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
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C. Self-insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance Provisions
The liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City.
All 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 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.
Attachment H
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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.
COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Brett Fulgoni, Director of Public Works
DATE: August 4, 2026
SUBJECT: Adoption of Resolution Establishing a Large Vehicle Parking Restriction on Shepard Drive
Description:
The City Council will consider adopting a Resolution establishing a large vehicle parking restriction on Shepard Drive to discourage recreational vehicles (RVs) and travel trailers from parking along the corridor.
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:
Adopt a Resolution establishing a large vehicle parking restriction on Shepard Drive, from Meehan Street to the cul-de-sac.
BACKGROUND:
City staff received a request to establish a no -parking restriction for vehicles over 6 feet in height on Shepard Drive, from Meehan Street to the cul-de-sac. The request was made in coordination with City Recreation and Parks staff and is intended to discourage RVs and travel trailers from parking along this corridor. These vehicles are not precluded from parking in this area under Santa Maria Munici pal Code section 7 -5.18, which precludes large vehicles from parking in residential districts. "Residential districts” meaning those properties zoned RA, R -1, RSL-1, R-2, R-3, or RMH, or properties in residential use as defined by Section 12-2.123 of the Santa Maria Municipal Code.
DISCUSSION:
Per Section 22507 (a) of the California Vehicle Code, “Local authorities may, by ordinance or resolution, prohibit or restrict the stopping, parking, or standing of vehicles, including, but not limited to, vehicles that are six feet or more in height (including any load thereon) within 100 feet of any intersection, on certain streets or highways, or portions thereof, during all or certain hours of the day.”
Per Section 7-5.17 of the Santa Maria Municipal Code, “The City Council, by order duly entered in the minutes of a regular or adjourned regular meeting thereof, shall designate 2 the particular streets or highways or portions thereof upon which parking by vehicles whose overall length exceeds twenty-two (22) feet is prohibited and shall cause signs to be erected on such streets or highways or portions thereof at a distance of not more than one hundred sixty-five (165) feet apart.”
The large vehicle parking restricted zone recommended to be established is described as follows:
Shepard Drive, beginning at the curb return of the southwest curb ramp of the intersection of Shepard Drive and Meehan Street, extending around the cul -de- sac and terminating at the curb return of the southeast curb ramp of the intersection of Shepard Drive and Meehan Street for a total of approximately 2,000 feet.
The Traffic Committee has reviewed the request to establish these restrictions and recommends the establishment of the restrictions to discourage RVs and travel trailers from parking along this corridor.
Alternative(s)
The City Council may choose not to establish a large vehicle parking restriction on Shepard Drive and continue allowing large vehicles to park along the corridor.
Fiscal Considerations
Establishing the large vehicle parking restricted zone will require labor and materials to install the required signs. Staff estimates installation will cost approximately $2,500.
Future maintenance costs associated with sign replacement due to fading, vandalism, or vehicle collisions will be accommodated within the Public Works Department operating budget.
Impact on the Community
The large vehicle parking restriction will increase on -street parking availability for passenger vehicles. Large vehicles will be required to p ark in areas where parking is permitted, which may shift parking demand to other roadways within the City.
ATTACHMENT(S)
A. Resolution
B. Proposed Large Vehicle Parking Restriction Zones on Shepard Drive
Attachment A
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MARIA, CALIFORNIA,
ESTABLISHING A LARGE VEHICLE PARKING RESTRICTION
ON SHEPARD DRIVE, FROM MEEHAN STREET
TO THE CUL-DE-SAC
WHEREAS, it is in the best interest of the City of Santa Maria to establish parking restrictions at certain locations within the City; and
WHEREAS, the City of Santa Maria Traffic Committee has reviewed the proposed parking restriction and recommends its approval.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. Pursuant to Section 7-5.17 of the Santa Maria Municipal Code and Section 22507(a) of the California Vehicle Code, parking restricti ons prohibiting the parking of vehicles that are six feet or more in height or exceed twenty-two feet in length are hereby established at the following location:
Shepard Drive, beginning at the curb return of the southwest curb ramp at the intersection of Shepard Drive and Meehan Street, extending around the cul-de-sac and terminating at the curb return of the southeast curb ramp at the intersection of Shepard Drive and Meehan Street, for a total distance of approximately 2,000 feet; and
SECTION 2. The foregoing shall constitute traffic regulations pursuant to ordinance; and
SECTION 3. All work shall be accomplished using the standards and methods approved by the Director of Public Works/City Engineer. Such work shall be performed in accordance with standard City specifications and the provisions of this Resolution by erecting signs, painting pavement markings, installing temporary markers and barricades as required, and by using such other indicators or devices as may be provided for under the California Vehicle Code and regulations adopted pursuant thereto; and
SECTION 4. 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.
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Attachment A
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
COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Brett Fulgoni, Director of Public Works
DATE: August 4, 2026
SUBJECT: Adoption of a Resolution Approving a Pipe Line Crossing License Agreement with Santa Maria Valley Railroad, LLC
Description:
The City Council will consider authorizing a Pipe Line Crossing License Agreement with Santa Maria Valley Railroad, LLC, for a sanitary sewer pipeline crossing beneath the railroad right -of-way associated with the Stowell Distribution Warehouse sewer improvements.
Environmental Notice: The project was adequately covered in a previously certified Final Environmental Impact Report for the Stowell Road Package Warehouse Project (SCH# 2025080640) pursuant to California Environmental Quality Act State Guidelines Section 15162. None of the conditions specified i n Section 15162 requiring the preparation of a subsequent EIR have occurred. No further environmental review is required.
RECOMMENDATION:
1. Adopt a Resolution approving a Pipe Line Crossing License Agreement with Santa Maria Valley Railroad, LLC; and
2. Authorize the City Manager, or designee, to execute the agreement.
BACKGROUND:
The City is constructing sanitary sewer improvements that require installation of a 48-inch sanitary sewer pipeline beneath the Santa Maria Valley Railroad right-of-way near Stowell Road. Santa Maria Valley Railroad requires execution of a Pipe Line Crossing Licen se Agreement prior to construction within its property. The agreement grants the City a perpetual license to construct, operate, maintain, repair, replace, and relocate the sewer pipeline crossing, subject to the terms and conditions of the agreement, incl uding payment of a one-time $25,000 license fee.
DISCUSSION:
Santa Maria Valley Railroad requires that the agreement be executed by an authorized representative of the City before construction activities may begin within the railroad right- of-way. Approv al of the proposed Resolution authorizes the Mayor, or designee, to execute the agreement.
2 Execution of the agreement will allow the City to proceed with construction of the sanitary sewer crossing required for the Stowell Distribution Warehouse sewer improvements. The agreement includes standard railroad provisions regarding construction requirements, maintenance obligations, indemnification, insurance, and future relocation of the facility if required by railroad operations.
Alternative(s)
Council may choose not to adopt the Resolution. Without an executed license agreement, the City would be unable to construct the sewer crossing within the railroad right-of-way, delaying completion of the sewer improvements.
Fiscal Considerations
Execution of the Pipe Line Crossing License Agreement requires payment of a one-time license fee of $25,000 to Santa Maria Valley Railroad, LLC, as required under the agreement. In accordance with the conditions of the Stowell Distribution Warehouse development, the developer will be responsible for payment of the license fee and all costs associated with the agreement, including any required railroad review, construction, and related expenses. Therefore, approval of the Resolution will have no fiscal impact on the City's General Fund and does not require an additional budget appropriation. The City will retain ownership and long-term responsibility for the sewer facilities upon acceptance of the public improvements.
Impact on the Community
Approval of the Resolution will allow execution of the Pipe Line Crossing License Agreement, enabling construction of a critical sanitary sewer crossing beneath the Santa Maria Valley Railroad right -of-way. The sewer improvements will support existing and planned development while ensuring co ntinued reliable wastewater infrastructure and uninterrupted railroad operations.
ATTACHMENT(S)
A. Resolution
B. Agreement
Attachment A
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MARIA, CALIFORNIA,
APPROVING A PIPE LINE CROSSING LICENSE AGREEMENT
WITH SANTA MARIA VALLEY RAILROAD, LLC
WHEREAS, the City of Santa Maria requires a Pipe Line Crossing License Agreement with Santa Maria Valley Railroad, LLC, to construct and maintain a sanitary sewer pipeline crossing beneath the railroad right-of-way; and
WHEREAS, Santa Maria Valley Railroad requires the agreement to be executed by an authorized representative of the City prior to construction activities; and
WHEREAS, it is in the best interest of the City to authorize execution of the agreement to facilitate construction of the public sewer improvements.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. Authorizes the City Manager, or designee, to execute the Pipe Line Crossing License Agreement with Santa Maria Valley Railroad, LLC on behalf of the City; and
SECTION 2. The Chief Deputy City Clerk is hereby authorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
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Attachment A
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
Agreement No. 410596
410596.a
PIPE LINE CROSSING LICENSE
THIS LICENSE (“License”) shall be effective on the last date of signature set forth below (the “Effective Date”), by Santa Maria Valley Railroad, LLC (“Licensor”) and City of Santa Ma ria (“Licensee”). Licensor and Licensee may sometimes be referred to as a “Party” or collectively as the “Parties.”
WITNESSETH:
1. TERM:
This License shall take effect as of the Effective Date and, unless sooner terminated per the terms outlined in Section 10 of this License, regardless of any fee having been paid in advance for any period and without regard to any loss or damage incurred by either Party as a result of such termination or cancellation, shall continue in perpetuity. Licensor shall not execute this License until it receives a signed original or an electronic version from Licensee, and in no event is entry under this License permitted until Licensor has executed it.
2. LOCATION:
In consideration of the License Fee or other sums of money Licensee agrees to pay to Licensor, and of the covenants and agreements of Licensee as set forth in this License, Licensor hereby grants a license and permission to Licensee to construct, install, use, maintain, repair, relocate, operate and replace a Pipe Line, as more particularly described in Licensee ’s application, marked Exhibit “A”, attached to this License and made a part of it by this reference, situated on, across, along or over Licensor ’s property at or near the City of Santa Maria, County of Santa Barbara, and State of California (the “Premises”). The term Pipe Line shall be deemed to mean the actual line(s) and any and all appurtenances and that portion of Licensor ’s property, in so far as they relate to said Pipe Line. The location of the Pipe Line is generally described as follows:
One, 48” (inch) diameter, sanitary sewer Pipe Line in a 54” (inch) diameter casing, crossing Licensor’s property at or near Mile Post No. 6.92, Latitude 34.935491, Longitude - 120.467651 as shown on Exhibit “B”.
3. LICENSE FEE:
A. As condsideration for this License and use of the Premises, Licensee shall pay to Licensor as a “License Fee” the lump sum of twenty five thousand dollars (USD $25,000.00), payable in advance on or prior to the Effective Date of this License. Licensee shall pay to Licensor any and all sales tax, if any and if applicable, which may occur as a result of the payment of the above license or other fees payable under this License.
4. SPECIFICATIONS:
A. The Pipe Line shall be constructed, installed, used, maintained, repaired and operated in strict accordance with any and all current requirements and specifications adopted by the American Railway Engineering and Maintenance of Way Association, and in compl iance with any and all law, statute, regulation or order of any federal, state or municipal governmental body or any agency thereof or created thereby (collectively, “Laws”). Provided however, that all materials and workmanship employed in the construction, installation, use, maintenance, repair and operation of the Pipe Line shall be subject Attachment B
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to the approval of the Licensor’s Chief Engineer or authorized representative.
B. An underground Pipe Line crossing under track(s) at a ninety degree (90°) angle, shall be encased in conduit for a MINIMUM of forty -eight feet (48’), twenty-four feet (24’) on either side measured from the centerline of the track(s) or the full width of Lic ensor’s property if less than forty -eight (48’) feet.
Crossings of a degree substantially greater or less than ninety degrees (90°) shall be encased in conduit for the full width of the track structure. The top of the encasement pipe shall be a MINIMUM o f five and one half (5½’) feet beneath surface of ground at all points within Licensor’s property.
C. Any appurtenance to the Pipe Line shall be constructed and maintained to a MINIMUM clearance of no less than fifteen (15 ’) feet from the centerline of any t rack(s). The side clearance of fifteen (15 ’) feet shall be maintained for a height of twenty-seven feet (27’). All Pipe Line(s) shall be constructed, as nearly as possible to cross under any track(s) at a right angle to said track(s).
D. Licensee shall, except in emergencies, give not less than seventy-two (72) hours prior written notice to Licensor of the day, hour and location that it proposes to undertake any construction, installation, repair, relocation, replacement or maintenance work to the Pipe Line or otherwise on the Premises and in the event of an emergency shall notify Licensor as soon as possible. After completion of construction, relocation, installation or replacement of the Pipe Line, Licensee shall be required to execute Licensor’s standard Right of Entry for any maintenance or repair work on the Pipe Line that requires entry onto Licensor’s property or right-of-way.
E. Licensee shall require each of its contractors and subcontractors to observe and conform to the conditions and requirements specified in this License; and for the purposes of the safety, protective and indemnification provisions of this License, such contractors and subcontractors, their agents, servants and employees, and other persons on the Licensor property at the invitation of the Licensee, its contractors or subcontractors, shall be deemed the agents or employees of the Licensee.
F. Licensee shall, at no expense to Licensor, obtain all permits and approvals required to exercise its rights provided for pursuant to this License and Licensee shall install, maintain and operate its facilities in accordance with all requirements of such permits, approvals, the Law and any lawful public authority.
Licensee shall be responsible for any taxes, assessments and charges made against the Pipe Line and the construction or use of the Pipe Line or other of Licensee ’s facilities on Licensor ’s property or the operation of any of them.
G. Licensor shall have the right, but not the duty, to furnish flagging or other protection or to perform work to support its tracks or otherwise protect its property or facilities at any time, at Licensee’s sole risk and expense.
5. PRESENT OCCUPATIONS:
Licensee shall make appropriate arrangements with any person or entity occupying Licensor’s property which may be affected by the relocation, installation, construction or any maintenance or repair of the Pipe Line.
Licensee’s Pipe Line will not unreasonably interfere with the use of Licensor ’s property, or create any undue hardship on the person or entity occupying said property.
6. RISK, LIABILITY, INDEMNITY:
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A. Licensee acknowledges that persons and property on or near the Premises are in constant danger of injury, death or destruction, incident to the operation of the railroad tracks, whether by Licensor or others; and Licensee accepts this License subject to such dangers.
B.
a. LICENSEE, AS FURTHER CONSIDERATION AND AS A CONDITION WITHOUT WHICH THIS LICENSE
WOULD NOT HAVE BEEN GRANTED, AGREES TO INDEMNIFY , DEFEND, AND SAVE HARMLESS
LICENSOR, ITS PARENTS, OWNERS, AND AFFILIATES, AND THEIR RESPECTIVE PARTNERS,
SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AGENTS, SHAREHOLDERS AND EMPLOYEES (THE “INDEMNITEES”) AND TO
ASSUME ALL RI SK, RESPONSIBILITY AND LIABILITY FOR DEATH OF, OR INJURY TO, ANY
PERSONS, INCLUDING, BUT NOT LIMITED TO, OFFICERS, EMPLOYEES, AGENTS, PATRONS,
INVITEES AND LICENSEES OF THE PARTIES, AND FOR LOSS, DAMAGE OR INJURY TO ANY
PROPERTY, INCLUDING BUT NOT LIMITED TO, THAT BELONGING TO THE PARTIES (TOGETHER WITH ALL LIABILITY FOR ANY EXPENSES, ATTORNEYS ’ FEES AND COSTS INCURRED OR
SUSTAINED BY THE INDEMNITEES, WHETHER IN DEFENSE OF ANY SUCH CLAIMS, DEMANDS,
ACTIONS AND CAUSES OF ACTION OR IN THE ENFORCEMENT OF THE INDEMNIFICATION
RIGHTS CONFERRED BY THIS LICENSE) ARISING FROM, GROWING OUT OF, OR IN ANY MANNER
OR DEGREE DIRECTLY OR INDIRECTLY CAUSED BY, ATTRIBUTABLE TO, OR RESULTING FROM
THE GRANT OF THIS LICENSE OR THE CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL,
ALTERATION, CHANGE, RELOCATION, EXISTENCE, PRESENCE, USE, OPERATION,
REPLACEMENT, OR REMOVAL OF ANY STRUCTURE INCIDENT TO IT, OR FROM ANY ACTIVITY
CONDUCTED ON OR OCCURRENCE ORIGINATING ON THE AREA COVERED BY THE LICENSE,
INCLUDING ANY TEMPORARY USAGE AREA, E XCEPT TO THE EXTENT PROXIMATELY CAUSED
BY THE INTENTIONAL MISCONDUCT OR SOLE GROSS NEGLIGENCE OF THE PARTY SEEKING INDEMNIFICATION.
b. THE RISKS OF INJURY TO OR DEATH OF PERSONS AND LOSS OR DAMAGE TO PROPERTY
ASSUMED BY LICENSEE UNDER THIS LICENSE, SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO,
CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR INVITEES OF EITHER OF THE PARTIES,
AND WHETHER OR NOT SUCH INJURY TO OR DEATH OF PERSONS SHALL ARISE UNDER ANY WORKERS’ COMPENSATION ACT OR FEDERAL EMPLOYERS’ LIABILITY ACT.
c. LICENSEE SHALL, AT ITS SOLE COST AND EXPENSE, JOIN IN OR ASSUME, AT THE ELECTION AND
DEMAND OF LICENSOR, THE DEFENSE OF ANY CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION ARISING UNDER THIS LICENSE. THE WORD “LICENSOR” AS USED IN THIS INDEMNITY
SECTION SHALL INCLUDE THE ASSIGNS OF LICENSOR AND ANY OTHER RAILROAD COMPANY THAT MAY BE OPERATING UPON AND OVER THE TRACKS IN THE VICINITY OF THE PREMISES.
d. AS A PRECONDITION TO LICENSEE ’S INDEMNIFICATION OBLIGATIONS UNDER THIS SECTION, THE INDEMNITEES WILL (i) FULL Y COOPERATE WITH LICENSEE IN ANY INVESTIGATION AND
PROVIDE LICENSEE WITH ALL INFORMATION IN THE POSSESSION OR CONTROL OF THE
INDEMNITEES RELATING TO ANY MATTER FOR WHICH THE INDEMNITEES SEEK INDEMNIFICATION, AND (ii) PROVIDE LICENSEE WITH TIMELY NOTICE OF ANY MATTER OR
INCIDENT FOR WHICH THE INDEMNITEES MAY MAKE A CLAIM FOR INDEMNIFICATION BY LICENSEE.
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7. INSURANCE:
A. Licensee shall purchase and maintain insurance as specified below covering the License, all the work , services, and obligations assumed or performed hereunder, from the Effective Date until termination, unless the duration is stated to be otherwise, with insurance companies assigned a current Financial Strength Rating of at least A and Financial Size Category of X by A. M. Best Company:
i. Commercial General Liability Insurance written on an occurrence basis subject to limit of $1,000,000 each occurrence for bodily injury, property damage, personal injury, libel and/or slander with an annual aggregate limit of no less than $2,000,000. Polic y coverage is to be based on usual Insurance Services Office policy forms to include, but not be limited to: Operations and Premises Liability, Completed Operations and Products Liability, Personal Injury and Advertising Liability, and Contractual Liability Insurance. Completed Operations coverage is to be maintained for a period of not less than three (3) years after the termination or cance llation of this License. General Liability policies procured by Licensee shall be amended to delete all railroad exclusions including exclusions for working on or within fifty feet (50’) of any railroad property, and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing (CG 24 17 endorsement or equivalent).
ii. Workers’ Compensation an d Employers ’ Liability Insurance providing statutory workers’ compensation benefits mandated under applicable state law and Employers’ Liability Insurance subject to a minimum limit of $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for bodily injury by disease, and $1,000,000 policy limit for bodily injury by disease.
If coverage is provided through a monopolistic state fund, a stop gap endorsement on either the Commercial General Liability or Workers ’ Compensation Policy is required to meet the Employers ’ Liability Insurance requirement.
iii. Business Automobile Liability Insurance subject to a minimum limit of $1,000,000 each accident for bodily injury and property damage. Policy coverage shall be based on Insurance Services Office policy forms referred to as Business Automobile Policy to cover motor vehicles owned, leased, rented, hired or used on behalf of Licensee. If applicable to this License and applicable under federal law, Licensee shall provide an MCS 90 endorsement.
iv. Umbrella Liability Insurance written on an occurrence basis subject to a limit of $4,000,000 each occurrence for bodily injury, property damage, personal injury, libel and/or slander. Policy coverage is to be at least as broad as primary coverages. Umbrella coverage is to be maintained for a period of not less than three (3) years after the termination or cancellation of this License . Umbrella Liability shall apply to Commercial General Liability, Employers’ Liability, and Business Automobile Liability Insurances.
The required limits of insurance may be satisfied by a combination of Primary and Umbrella or Excess Liability Insurance.
Pollution Legal Liability Insurance in an amount not less than $5,000,000 per occurrence and in the aggregate for bodily injury, property damage, and contractual liability. Coverage shall include, but not be limited to, defense and clean -up costs for any pollution conditions or damages arisi ng from the work, services, storage, transportation, disposal, or obligations outlined in this License.
B. All insurance required of Licensee with the exception of Workers’ Compensation and Employers’ Liability Attachment B
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shall include Licensor and any subsidiary, o wner, parent or affiliates of Licensor, and their respective partners, successors, assigns, legal representatives, officers, directors, members, managers, agents, shareholders, and employees ( “Required Parties ”) as additional insured and include wording wh ich states that the insurance shall be primary and not excess over or contributory with any insurance carried by Licensor and its affiliates. With respect to Commercial General Liability Insurance, Required Parties shall be included as additional insured for Ongoing Operations and for Completed Operations to the extent permitted by law.
C. All insurance shall provide Licensor a minimum of thirty (30) days ’ advance written notice of insurer ’s intent to cancel or otherwise terminate policy coverage.
D. If Lic ensee cannot obtain an occurrence based policy for any required coverage, the policy may be written on a claims -made basis with a retroactive date on or before the Effective Date of this License.
Licensee shall maintain such policy on a continuous basis. If there is a change in insurance companies or the policy is canceled or not renewed, Licensee shall purchase an extended reporting period of not less than three (3) years after the License termination date.
E. Licensee shall file with Licensor on or before the Effective Date of this License a valid certificate of insurance for all required insurance policies. Each certificate shall identify the Required Parties as additional insured as required and state that L icensor shall receive a minimum of thirty (30) days ’ advance written notice of insurer ’s intent to cancel or otherwise terminate policy coverage. Licensee shall supply updated certificates of insurance that clearly evidence the continuation of all coverage in the same manner, limits of protection, and scope of coverage as required by this License.
F. All insurance policies required of Licensee shall include a waiver of any right of subrogation written in favor of the Required Parties.
G. Notwithstanding the for egoing, Licensee may self -insure for any of the above required in surance coverages subject to the requirements specified in this paragraph. Licensee shall provide Licensor with audited financial statements and Licensor may, at its discretion, which shall not be unreasonably withheld, deem such financial statements acceptable prior to authorizing Licensee to self -insure.
Licensee shall provide a letter of self -insurance to Licensor specifically stating which lines of coverage are self-insured and the amount of self-insurance maintained. The amount of any excess insurance that attaches to self -insurance below the required limits of insurance shall be identified in the letter and evidenced on a certificate of insurance. This letter of self -insurance shall be signed by Licensee ’s Risk Manager or another designated authorized signatory. With respect to Workers’ Compensation, Licensee shall also p rovide state-issued self-insured authorization documents to Licensor , where applicable by state law.
H. Licensee represents that this License has been thoroughly reviewed by Licensee’s insurance agent or broker who have been instructed by Licensee to procure the insurance coverage required by this License.
Upon signature of this License and renewal of insurance, if Licensee fails to maintain or provide evidence to Licensor of any insurance coverage required under this License, Licensor may terminate this License effective immediately.
I. Licensee’s compliance with obtaining the required insurance coverage shall in no way limit the indemnification rights and obligations specified in this License.
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8. WAIVER:
Licensee waives the right to question the validity of this License or any of the terms and provisions of it, or the right or power of Licensor to execute and enforce this License. This License is made without covenant on the part of Licensor to warrant its title to the property involved with the Pipe Line, or to give or to defend Licensee in the peaceful possession of the property an d Licensee shall waive all right to claim damages in the event Licensee shall be evicted, ejected or required to surrender possession of the property by anyone owning or claiming title to or any interest in the property, or by reason of failure of title of Licensor, or for any other cause whatsoever. Licensee further agrees to indemnify and save harmless Licensor and to assume all risk, responsibility and liability (including any expenses, attorneys’ fees and costs incurred or sustained by Licensor) arising from, growing out of, or in any manner or degree directly or indirectly attributable to or resulting from any deficiency or insufficiency of Licensor’s title affecting the right of Licensor to make this grant.
9. REPAIRS AND RELOCATION:
A. Licensee will at all times maintain the Pipe Line in a safe and secure manner and in a condition satisfactory to Licensor. Licensor may request Licensee to change the location of the Pipe Line, or any part of it, or to make reasonable repairs or changes as the judgment of Licensor deems necessary in order to avoid interference with or danger in the use or operation of Licensor ’s railroad, or any of its present or future appurtenances. In the event it is desired by Licensor to use its property or any portion of it, occupied or impacted by the Pipe Line, then Licensee shall, at its sole expense, and within ninety (90) days after notice from Licensor to do so, (or on shorter notice in case of an emergency), make changes to the Pipe Line as required or remove the Pipe Line, or as much of the Pipe Line as is located upon the portion of the property as required by Licensor.
B. If Licensee shall fail to perform any of its obligations contained in this License as to the maintenance of safe conditions in and about the Pipe Line or to make any necessary repairs, or to relocate the Pipe Line, then Licensor may cause such condition to be made safe, or change of location to be made, or repairs to be made, or Pipe Line to be removed from Licensor ’s property. Licensor acting as the agent of Licensee, may perform such work as is necessary in the judgment of Licensor, and Licensee shall, on demand, promptly reimburse Licensor the cost of the work, plus fifteen percent (15%) of the cost as a charge for the supervision, accounting, and use of tools; or Licensor may terminate this License by giving Licensee not less than ten (10) days advance written notice of its intention to do so.
C. In case Licensor shall at any time, or from time to time, require the removal of only a portion of the Pipe Line, this License shall continue in force and be applicable to the portion or portions of the Pipe Line remaining from time to time until the entire Pipe Line has been removed and the License Fees or other fees payable under this License shall be adjusted accordingly.
10. TERMINATION:
If Licensee fails to keep or perform any of Licensee’s covenants contained in this License, upon ninety (90) days written notice to Licensee and an opportunity to cure with such cure being completed within such ninety (90) day period or if such cure cannot be completed within ninety (90) days, in such time as necessary so long as Licensee is diligently pursuing such cure and in no event longer than one hundred eighty (180) days, Licensor shall have the right to terminate this License.
In addition to the foregoing, Licensor shall have the right to terminate this License and the rights granted Attachment B
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hereunder, after delivering to Licensee written notice of such termination no less than ninety (90) days prior to each anniversary of the effective date thereof, upon the occurrence of any of the following events:
a. If Licensee shall permanently discontinue the use of operations of the Pipe Line; or b. If Licensor shall be required by any change in applicable Federal law after the Effective Date to remove, relocate, reconstruct, or discontinue operation of Licensor’s railroad and any such removal, relocation, reconstruction, or discontinuance of operation of Licensor’s railroad cannot be accomplished without removal of the Pipe Line; or
c. If Licensor determines and substantiates to Licensee that the Pipe Line endangers or threatens Licensor’s employees or the safe operation or maintenance of the railroad.
11. RESTORATION:
Upon termination of this License, whether in accordance with the provisions of Section 1, 9 or 10 of this License, or otherwise, Licensee shall promptly remove the Pipe Line from Licensor ’s property, and restore the property to its prior condition, or a condition satisfactory to Licensor. If Licensee fails to remove the Pipe Line within thirty days (30) after termination of this License, Licensor may remove same, and charge the expense of such removal to the Licensee on the basis provided in Section 9.B of this License.
12. MISCELLANEOUS:
A. This License is executed by all Parties under current interpretation of any and all applicable Laws.
Further, each and every separate division (paragraph, clause, item, term, condition, covenant or agreement) contained in this License shall have independent and severable status from each other separate division, or combination of them, for the determin ation of legality, so that if any separate division is determined to be unconstitutional, illegal, violative of trade or commerce, in contravention of public policy, void, voidable, invalid or unenforceable for any reason, that separate division shall be treated as a nullity, but such holding or determination shall have no effect upon the validity or enforceability of each and every other separate division or any other combination of them.
B. In the event this License is part of a package of agreements for Licensee, this License and all other such documents shall be read as compatible parts of the package and not in contradiction to each other, such that in the event of apparent conflict in any duties under this License or the package of agreements, Licensor shall designate which clause(s) shall survive or control any others.
C. Except as otherwise specified in this License, any notice or other communication required or permitted by this License shall be in writing and (i) delivered by first class mail, postage prepaid, or (ii) deposited into the custody of a nationally recognized overnight delivery service, as follows:
If to Licensor: If to Licensee:
Santa Maria Valley Railroad, LLC City of Santa Maria
ATTN: Real Estate
252 Clayton Street, 4th Floor
Denver, CO 80206
ATTN:
110 East Cook St., Santa Maria, CA 93454
Santa Maria, CA 93454
WITH A COPY TO:
Phone: 805-310-1774
ATTN: General Counsel
252 Clayton Street, 4th Floor
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Denver, CO 80206
D. No oral promises, oral agreements, or oral warranties shall be deemed a part of this License, nor shall any alteration, amendment, supplement or waiver of any of the provisions of this License be binding upon either Party, unless same be supplemented, altered, changed or amended by an instrument in writing, signed by Licensor and Licensee.
E. This License is made subject to the rights previously or simultaneously granted by or through Licensor for any surface, sub -surface or aerial uses antedating this License, including but not limited to, the construction, maintenance, operation, renewal and/or relocation of fences, pipelines, communication lines, power lines, railroad tracks and signals, and any and all appurtenances applicable to them.
Licensor excepts and reserves the right to grant additional uses of the same or similar nature subsequent to the execution of this License, without payment of any sum for damages, so long as such use does not unreasonably interfere with the use of Pipe Line by Licensee.
F. This License and all of the provisions c ontained in it shall be binding upon the Parties, their heirs, executors, administrators, successors and assigns, and Licensee agrees to supply notice in writing to Licensor of any name changes. Notwithstanding the forgoing, Licensee agrees not to assign this License or any rights or privileges granted under it, without the prior written consent of Licensor, which it may give at its sole discretion, and any and every attempted assignment without prior written consent shall be void and of no effect. This covenant shall also apply whether any of the foregoing is made voluntarily by Licensee or involuntarily in any proceeding at law or in equity to which Licensee may be a party, whereby any of the rights, duties and obligations of License may be sold, transfe rred, conveyed, encumbered, abrogated or in any manner altered without the prior notice to and consent of Licensor.
Notwithstanding the foregoing, Licensee shall remain liable to Licensor as a guarantor of Licensee ’s successor in interest to this License.
G. Nothing in this License shall be construed to place any responsibility on Licensor for the quality of the construction, maintenance or other work performed on behalf of Licensee hereunder or for the condition of any Licensee’s facilities.
H. Any approval g iven or supervision exercised by Licensor under this License, or failure of Licensor to object to any work done, material used or method of construction, reconstruction or maintenance, shall not be construed to relieve Licensee of its obligations under this License.
I. The failure of the Licensor to seek redress for any violation of or to insist upon the strict performance of any of the terms, covenants or conditions of this License or any of the rules and regulations from time to time issued by the Licensor, shall not prevent a subsequent act, which would have originally constituted a violation, from having all of the force and effect of an original violation.
J. Licensee further indemnifies Licensor against any and all liens that may be placed against Licensor ’s property in the course of construction of this crossing, and agrees to immediately satisfy any liens so placed.
K. In the event that Licensor shall incur any costs or expenses, including attorneys ’ fees and costs, in enforcing Licensee’s covenants and agr eements under this License, Licensee shall reimburse Licensor for all such costs, expenses and legal fees as an additional fee under this License.
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L. This License shall be governed under the laws of the State of California, and venue shall be proper in the federal or state courts of the State of California for any action arising under the terms of this License or performance of it. The section headings of this License have been inserted for convenience of reference only and they shall not be referred to in the interpretation of this License. This License shall be read with all changes of gender and number required by the context. Time shall be of the essence in this License and each of the provisions of it.
M. Licensor’s remedies under this L icense shall be cumulative, and the exercise of any remedy shall not preclude the exercise of any other remedy.
N. All of the obligations, representations and warranties of the Licensee accruing under this License during the existence of this License or any renewal or extension of it shall survive the termination or expiration of the Term.
O. Licensor shall not be responsible for any loss, damage, delay or non -performance caused by accidents, labor difficulties, acts of God, governmental action or by any other cause which is unavoidable or beyond its reasonable control.
P. Licensee agrees that it shall not register this License or any notice or reference in respect of this License against title.
Q. All exhibits attached to this License are incorporated by reference as if fully set forth in this License.
IN WITNESS WHEREOF, the Parties have executed this License as of the last date of execution set forth below:
Licensor: Santa Maria Valley Railroad, LLC Licensee: City of Santa Maria
By: \s2\
By: \s1\
Name: \Nate Brown Name: David W. Rowlands
Title: \ CSO Title: \ City Manager
Date: Date: \d1\
006Jx00000mMJ6qIAG
001Jx00001IS5WaI
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Exhibit A
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Attachment B
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EXHIBIT B
COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Brett Fulgoni, Director of public Works
DATE: August 4, 2026
SUBJECT: Adoption of Resolutions Awarding Eight Professional Services Agreements for On-Call Civil Engineering and Surveying Services
Description:
The City Council will consider adopting Resolutions approving the award of On-Call Civil Engineering and Surveying Services to Bethel Engineering; Cannon Corporation; Filippin Engineering, Inc.; Nichols Consulting Engineers; Omni Design, Inc.; Psomas; Tetra Tech, Inc.; and Wallace Group.
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (CEQA) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3), no environmental review is required.
RECOMMENDATION:
1. Adopt a Resolution awarding a Professional Services Agreement to Bethel Engineering for On -Call Civil Engineering and Surveying 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 Cannon Corporation for On -Call Civil Engineering and Surveying Services with an aggregate not-to-exceed fee of $1,000,000 per fiscal years 2026 -27 and 2027-28 (July 1 throu gh 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 Filippin Engineering, Inc. for On -Call Civil Engineering and Surveying Services w ith 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 Serv ices Agreement to Nichols Consulting Engineers for On -Call Civil Engineering and Surveying Services with an aggregate not-to-exceed fee of $1,000,000 per fiscal years 2026-27 and 2027- 28 (July 1 through June 30), and a total aggregate not -to-exceed amount of $2,000,000 for the full term of the Agreement; and
5. Adopt a Resolution awarding a Professional Services Agreement to Omni Design, Inc. for On-Call Civil Engineering and Surveying Services with an aggregate not - to-exceed fee of $1,000,000 per fiscal years 2026-27 and 2027-28 (July 1 through 2 June 30), and a total aggregate not -to-exceed amount of $2,000,000 for the full term of the Agreement; and
6. Adopt a Resolution awarding a Professional Services Agreement to Psomas for On-Call Civil Engineering and Surveying Services with an aggregate not-to-exceed fee of $1,000,000 per fiscal years 2026-27 and 2027-28 (July 1 through June 30), and a total aggregate not -to-exceed amount of $2,000,000 for the full term of the Agreement; and
7. Adopt a Resolution awarding a Pro fessional Services Agreement to Tetra Tech, Inc. for On-Call Civil Engineering and Surveying Services with an aggregate not - to-exceed fee of $1,000,000 per fiscal years 2026-27 and 2027-28 (July 1 through June 30), and a total aggregate not -to-exceed amount of $2,000,000 for the full term of the Agreement; and
8. Adopt a Resolution awarding a Professional Services Agreement to Wallace Group for On-Call Civil Engineering and Surveying Services with an aggregate not -to- exceed fee of $1,000,000 per fiscal years 2 026-27 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
9. 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 Civil Engineering firms and Professional Surveyors. 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 w ho 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 fifteen proposal s 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 eight ranked firms chosen are as follows:
Firm and Location
Bethel Engineering, Santa Maria, CA
Cannon Corporation, San Luis Obispo, CA
Filippin Engineering, Inc., Goleta, CA
Nichols Consulting Engineers, Anaheim, CA
Omni Design, Inc., San Luis Obispo, CA
Psomas, Roseville, CA
3 Tetra Tech, Inc., San Luis Obispo, CA
Wallace Group, San Luis Obispo, CA
The proposed Professional Services Agreements would be managed by the Engineering Division. On-Call Civil Engineering and Surveying services would also be made available to other Departments for funded projects.
Individual project task orders will be issued based on the firm’s expertise, workload capacity, services to be performed, schedule requirements, and hourly rates submitted in their proposal. All task orders will be issued based on an agreed -upon, written scope of work, implementation schedule, and maximum fee arrangement negotiated on a project- by-project basis.
Alternative(s)
The City Council may decide not to award these Civil Engineering and Surveying Professional 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 Civil Engineering and Surveying 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 Civil Engineering and Surveying 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. Th e City is under no obligation to expend any funds under these Professional Services Agreements.
Impact on the Community
Awarding these on -call agreements will enhance the City's ability to efficiently deliver critical infrastructure and facility improvements that benefit residents and businesses. By leveraging the expertise of qualified consultants, the City can address a backlog of funded projects more quickly, minimizing delays and disruptions. This proactive approach supports public safety, mobility, and overall community quality of life.
ATTACHMENT(S)
A. Resolution – Bethel Engineering
B. Resolution – Cannon Corporation
C. Resolution – Filippin Engineering, Inc.
D. Resolution – Nichols Consulting Engineers
E. Resolution – Omni Design, Inc.
F. Resolution – Psomas
G. Resolution – Tetra Tech, Inc.
H. Resolution – Wallace Group
I. Agreement – Bethel Engineering
J. Agreement – Cannon Corporation
K. Agreement – Filippin Engineering, Inc.
L. Agreement – Nichols Consulting Engineers
M. Agreement – Omni Design, Inc.
4 N. Agreement – Psomas
O. Agreement – Tetra Tech, Inc.
P. Agreement – Wallace Group
Attachment A
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MARIA, CALIFORNIA,
AWARDING A PROFESSIONAL SERVICES AGREEMENT TO
BETHEL ENGINEERING FOR ON-CALL CIVIL ENGINEERING
AND SURVEYING 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 obtai n prompt Civil Engineering and Surveying Professional Services to support municipal improvement projects; and
WHEREAS, on May 26, 2026, the City issued a Request for Proposal (RFP) for On-Call Civil Engineering and Surveying Services for projects within t he City. The RFP was issued and advertised through the City’s e-Procurement Portal, PlanetBids; and
WHEREAS, on June 15, 2026, the City received fifteen proposals from qualified firms interested in providing these services; and
WHEREAS, staff formed a se lection committee to independently review and evaluate each proposal based on criteria identified in the RFP; and
WHEREAS, following review and evaluation, the selection committee determined that Bethel Engineering satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on-call Civil Engineering and Surveying Services; and
WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. Approving a Professional Services Agreement to Bethel Engineering for On -Call Civil Engineering and Surveying Services through June 30, 2028, with an aggregate not-to-exceed fee of $1,000,000 per fiscal years 2026-27 and 2027-28 (July 1 through June 30), and a total aggregate not -to-exceed amount of $2,000,000 for the full term of the Agreement; and
Attachment A
SECTION 2. Authorize the City Manager, or designee, to execute the Professional Services Agreement on behalf of the City; and
SECTION 3. The Chief Deputy City Clerk is hereby authorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
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
CANNON CORPORATION FOR ON-CALL CIVIL ENGINEERING
AND SURVEYING 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 Civil Engineering and Surveying Professional Services to support municipal improvement projects; and
WHEREAS, on May 26, 2026, the City issued a Request for Proposal (RFP) for On-Call Civil Engineering and Surveying Services for projects within th e City. The RFP was issued and advertised through the City’s e-Procurement Portal, PlanetBids; and
WHEREAS, on June 15, 2026, the City received fifteen proposals from qualified firms interested in providing these services; and
WHEREAS, staff formed a selection committee to independently review and evaluate each proposal based on criteria identified in the RFP; and
WHEREAS, following review and evaluation, 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 Civil Engineering and Surveying Services; and
WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. Approving a Professional Services Agreement to Cannon Corporation for On-Call Civil Engineering and Surveying Services through June 30, 2028, with an aggregate not-to-exceed fee of $1,000,000 per fiscal years 2026-27 and 2027-28 (July 1 through June 30), and a total aggregate not -to-exceed amount of $2,000,000 for the full term of the Agreement; and
///
Attachment B
SECTION 2. Authorize the City Manager, or designee, to execute the Professional Services Agreement on behalf of the City; and
SECTION 3. The Chief Deputy City Clerk is hereby authorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
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
FILIPPIN ENGINEERING, INC. FOR ON-CALL CIVIL
ENGINEERING AND SURVEYING 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 Civil Engineering and Surveying Professional Services to support municipal improvement projects; and
WHEREAS, on May 26, 2026, the City issued a Request for Proposal (RFP) for On-Call Civil Engineering and Surveying Services for projects within th e City. The RFP was issued and advertised through the City’s e-Procurement Portal, PlanetBids; and
WHEREAS, on June 15, 2026, the City received fifteen proposals from qualified firms interested in providing these services; and
WHEREAS, staff formed a selection committee to independently review and evaluate each proposal based on criteria identified in the RFP; and
WHEREAS, following review and evaluation, 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 Civil Engineering and Surveying Services; and
WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. Approving a Professional Services Agreement to Filippin Engineering, Inc. for On-Call Civil Engineering and Surveying Services through June 30, 2028, with an aggregate not -to-exceed fee of $1,000,000 per fiscal years 2026 -27 and 2027-28 (July 1 through June 30), and a total aggregate not -to-exceed amount of $2,000,000 for the full term of the Agreement; and
///
Attachment C
SECTION 2. Authorize the City Manager, or designee, to execute the Professional Services Agreement on behalf of the City; and
SECTION 3. The Chief Deputy City Clerk is hereby authorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of t he 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
NICHOLS CONSULTING ENGINEERS FOR ON-CALL CIVIL
ENGINEERING AND SURVEYING 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 Civil Engineering and Surveying Professional Services to support municipal improvement projects; and
WHEREAS, on May 26, 2026, the City issued a Request for Proposal (RFP) for On-Call Civil Engineering and Surveying Services for projects within th e City. The RFP was issued and advertised through the City’s e-Procurement Portal, PlanetBids; and
WHEREAS, on June 15, 2026, the City received fifteen proposals from qualified firms interested in providing these services; and
WHEREAS, staff formed a selection committee to independently review and evaluate each proposal based on criteria identified in the RFP; and
WHEREAS, following review and evaluation, the selection committee determined that Nichols Consulting Engineers satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on-call Civil Engineering and Surveying Services ; and
WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. Approving a Professional Services Agreement to Nichols Consulting Engineers for On-Call Civil Engineering and Surveying Services through June 30, 2028, with an aggregate not-to-exceed fee of $1,000,000 per fiscal years 2026-27 and 2027-28 (July 1 through June 30), and a total aggregate not -to-exceed amount of $2,000,000 for the full term of the Agreement; and
///
Attachment D
SECTION 2. Authorize the City Manager, or designee, to execute the Professional Services Agreement on behalf of the City; and
SECTION 3. The Chief Deputy City Clerk is hereby authorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of t he 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
OMNI DESIGN, INC. FOR ON-CALL CIVIL ENGINEERING AND
SURVEYING 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 Civil Engineering and Surveying Professional Services to support municipal improvement projects; and
WHEREAS, on May 26, 2026, the City issued a Request for Proposal (RFP) for On-Call Civil Engineering and Surveying Services for projects within th e City. The RFP was issued and advertised through the City’s e-Procurement Portal, PlanetBids; and
WHEREAS, on June 15, 2026, the City received fifteen proposals from qualified firms interested in providing these services; and
WHEREAS, staff formed a selection committee to independently review and evaluate each proposal based on criteria identified in the RFP; and
WHEREAS, following review and evaluation, the selection committee determined that Omni Design, Inc. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on-call Civil Engineering and Surveying Services; and
WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. Approving a Professional Services Agreement to Omni Design, Inc. for On -Call Civil Engineering and Surveying Services through June 30, 2028, with an aggregate not-to-exceed fee of $1,000,000 per fiscal years 2026-27 and 2027-28 (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement; and
///
Attachment E
SECTION 2. Authorize the City Manager, or designee, to execute the Professional Services Agreement on behalf of the City; and
SECTION 3. The Chief Deputy City Clerk is hereby authorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
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
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MARIA, CALIFORNIA
AWARDING A PROFESSIONAL SERVICES AGREEMENT TO
PSOMAS FOR ON-CALL CIVIL ENGINEERING AND SURVEYING
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 obtai n prompt Civil Engineering and Surveying Professional Services to support municipal improvement projects; and
WHEREAS, on May 26, 2026, the City issued a Request for Proposal (RFP) for On-Call Civil Engineering and Surveying Services for projects within t he City. The RFP was issued and advertised through the City’s e-Procurement Portal, PlanetBids; and
WHEREAS, on June 15, 2026, the City received fifteen proposals from qualified firms interested in providing these services; and
WHEREAS, staff formed a selection committee to independently review and evaluate each proposal based on criteria identified in the RFP; and
WHEREAS, following review and evaluation, the selection committee determined that Psomas satisfied the requirements of the RFP and was deem ed a qualified firm to provide the needed on-call Civil Engineering and Surveying Services; and
WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. Approving a Pro fessional Services Agreement to Psomas for On- Call Civil Engineering and Surveying Services through June 30, 2028, with an aggregate not-to-exceed fee of $1,000,000 per fiscal years 2026 -27 and 2027 -28 (July 1 through June 30), and a total aggregate not -to-exceed amount of $2,000,000 for the full term of the Agreement; and
///
Attachment F
SECTION 2. Authorize the City Manager, or designee, to execute the Professional Services Agreement on behalf of the City; and
SECTION 3. The Chief Deputy City Clerk is hereby authorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
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 G
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MARIA, CALIFORNIA
AWARDING A PROFESSIONAL SERVICES AGREEMENT TO
TETRA TECH, INC. FOR ON-CALL CIVIL ENGINEERING AND
SURVEYING 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 Civil Engineering and Surveying Professional Services to support municipal improvement projects; and
WHEREAS, on May 26, 2026, the City issued a Request for Proposal (RFP) for On-Call Civil Engineering and Surveying Services for projects within th e City. The RFP was issued and advertised through the City’s e-Procurement Portal, PlanetBids; and
WHEREAS, on June 15, 2026, the City received fifteen proposals from qualified firms interested in providing these services; and
WHEREAS, staff formed a selection committee to independently review and evaluate each proposal based on criteria identified in the RFP; and
WHEREAS, following review and evaluation, the selection committee determined that Tetra Tech, Inc. satisfied the requirements of the RFP an d was deemed a qualified firm to provide the needed on-call Civil Engineering and Surveying Services; and
WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. Approving a Professional Services Agreement to Tetra Tech, Inc. for On-Call Civil Engineering and Surveying Services through June 30, 2028, with an aggregate not-to-exceed fee of $1,000,000 per fiscal years 2026-27 and 2027-28 (July 1 through June 30), and a total aggregate not -to-exceed amount of $2,000,000 for the full term of the Agreement; and
///
Attachment G
SECTION 2. Authorize the City Manager, or designee, to execute the Professional Services Agreement on behalf of the City; and
SECTION 3. The Chief Deputy City Clerk is hereby authorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
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 H
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 CIVIL ENGINEERING AND
SURVEYING 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 Civil Engineering and Surveying Professional Services to support municipal improvement projects; and
WHEREAS, on May 26, 2026, the City issued a Request for Proposal (RFP) for On-Call Civil Engineering and Surveying Services for projects within th e City. The RFP was issued and advertised through the City’s e-Procurement Portal, PlanetBids; and
WHEREAS, on June 15, 2026, the City received fifteen proposals from qualified firms interested in providing these services; and
WHEREAS, staff formed a selection committee to independently review and evaluate each proposal based on criteria identified in the RFP; and
WHEREAS, following review and evaluation, the selection committee determined that Wallace Group satisfied the requirements of the RFP and w as deemed a qualified firm to provide the needed on-call Civil Engineering and Surveying Services; and
WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. Approving a Professional Services Agreement to Wallace Group for On-Call Civil Engineering and Surveying Services through June 30, 2028, with an aggregate not-to-exceed fee of $1,000,000 per fiscal years 2026-27 and 2027-28 (July 1 through June 30), and a total ag gregate not-to-exceed amount of $2,000,000 for the full term of the Agreement; and
SECTION 2. The City Manager, or designee, is authorized to execute the Professional Services Agreement on behalf of the City; and
SECTION 3. The Chief Deputy City Clerk is hereby authorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent Attachment H
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 I
Atty. Rev. 2025
AGREEMENT FOR SERVICES
This Agreement is made on August 4, 2026, by and between Bethel Engineering, 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 civil engineering and surveying professional services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.
2.07. Exhibits. Exhibits “A, B, C, and D are attached and incorporated.
3. Contractor’s Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.
3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor. No employer/employee relationship exists between Contractor and the City. Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement. 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
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 Bethel Engineering Attn: Yoselyn Moreno Attn: Russell Garrison 110 S. Pine Street, Suite 221 2624 Airpark Dr Santa Maria, CA 93458 Santa Maria, CA 93455
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
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: Russell Garrison By: Brett Fulgoni
President Public Works Director
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
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EXHIBIT A
Services listed represent the full range of disciplines the City may engage under this contract. Traffic engineering, structural engineering, geotechnical engineering, and right -of-way/appraisal services listed herein are intended as incidental or supplemental support only and are not intended to replace the City's separate on -call contracts for those disciplines. The City reserves the right to assign such services under this contract or the applicable dedicated on-call contract at its discretion.
Basic services shall be to perform various engineering/surveying tasks typical of a municipal agency.
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:
Project Management Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform project management services on the project types listed above include, but are not limited to:
Continuous interface with City staff regarding projects Attend project meetings and prepare meeting agendas and action items Follow up to ensure action items are completed
Coordination with engineering contractors
Coordination with other agencies
Provide technical review and comment on contractor deliverables Development/maintenance of project schedules
Prepare bid packages
Track and monitor project costs
Track and monitor all funding
Prepare grant funding claims as required
Prepare grant applications
Prepare RFPs for professional services, as required to continue progress of projects.
Civil Engineering Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform engineering design services on the project types listed above include, but are not limited to:
Preparation of plans, specifications and estimates
Plan check/Peer review
Preparation of project drawings in CAD
Constructability Review
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Understanding and application of standard details and specifications from:
City of Santa Maria
Caltrans
Greenbook
APWA
AWWA
County of Santa Barbara
Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects. Best Management Practices.
Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
Understanding of environmental regulations relevant to construction activities. Contractor is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
Contractor and its sub -contractors shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State and local laws.
Surveying Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform land surveying services on the project types listed above include, but are not limited to:
Design surveys
Topographic surveys
Construction staking
Quality assurance of contractor staking
Monument control
Record and title research
Plat and legal description for property acquisitions
ROW certifications (Caltrans)
Map Checking
Corner Record
Property and Easement Descriptions
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Land Development Review
TYPICAL SERVICES RE QUIRED
The required services and abilities required to successfully perform Development Review services on the project types listed above include, but are not limited to:
Application of state and local laws and ordinances and the City’s Municipal Code. Application of the Subdivision Map Act
Attend internal and external meetings with staff, applicants, and other review bodies Review Traffic analyses
Review Drainage studies
Application of Regional Water Quality Control Board requirements Review of project plans in relation to public impacts/improvements and conformance with City Planning documents such as:
o General Plan
o Specific Plans
o Bikeway Master Plan
o Active Transportation Plan
o Utility Capacity Study
Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o Institute of Transportation Engineers (ITE) Trip Generation Manuals o City of Santa Maria
o County of Santa Barbara
Ability to work with the Utilities Department, special districts, and public agencies in and adjacent to the City of Santa Maria
Traffic/Transportation Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform traffic and transportation engineering services on the project types listed above include but are not limited to:
Traffic and parking studies including warrant analysis as applicable. Transportation demand management programs
Signal timing and coordination plans, and recommendations on signal maintenance and upgrades
Planning and conceptual designs of traffic diversion and calming plans including roundabouts. Planning and conceptual designs of complete streets in light of established standards and guidelines as well as assessment of potential operational impacts (such as the impacts on automobile traffic that could result from a road diet to provide bike lanes) Planning and establishment of safe routes to schools.
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Development and updates of transportation related policies and guidelines such as transportation master plans.
Grant writing for federal, state, and regional funding programs for traffic studies and improvement projects.
Review of the traffic and parking aspects of City capital improvement projects Multi-modal travel modeling and traffic volume forecasts Establishment and updates of transportation related fees such as traffic impact fees Respond to public inquiries and requests for traffic control device installations and modifications such as stop signs, crosswalks, traffic channelization, speed zones, etc. Traffic and parking management and control plans.
Data collection including multi-modal traffic volumes, traffic speeds, origin -destination surveys, travel time and delays, and parking utilization
Sign and pavement marking retroreflectivity assessment and data processing Present projects and programs in project meetings, community workshops, and public hearings as needed.
Structural Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform structural engineering services on the project types listed above include, but are not limited to:
General structural engineering services
Inspection and testing services
Computer-aided structural design and drafting of bridges, retaining wall and other structures Plan checking services
Provide structural engineering services on existing or potential construction of bridges, overpasses, building foundations, and retaining walls. Design of repairs, retrofits, or modifications to existing bridges and structures
Seismic analysis of existing bridges and other structures Load rating of existing bridges
Provide structural engineering services for potentially hazardous situations such as seismic activity.
Design temporary shoring for structures damaged during a disaster or seismic activity. Provide a Structural report including site plan, results of investigation, conclusions, and Structural recommendations for design of the proposed facility or remodel. Provide structural engineering services on building permits for new construction and/or remodels. Provide technical support to staff on structural related matters during bidding and construction. This includes but is not limited to responding to bidder questions, providing addenda and written clarifications when necessary, responding to contractor Requests for Information (RFI), reviewing contractor submittals to assure
conformance with the construction specifications and drawings, attending project related meetings, and addressing structural problems and deficiencies.
Provide general structural consulting services such as interpreting code requirements, identifying and selecting design alternatives, assisting with cost estimates, and providing peer reviews. The Contractor will be expected to provide written reports, tec hnical memorandums, calculations, or Attachment I
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other documentation as necessary, and have the capability to develop biddable design documents and provide engineering support during construction.
Other structural engineering services as needed.
Right-of-Way Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform right -of-way services include but are not limited to:
Appraisal
o Appraise Properties
o Prepare Appraisal Report
Negotiation
o Negotiate for the purchase of partial/full properties o Prepare all letters and documents required for the proposed acquisitions including but not limited to the following:
Offer Letter
Appraisal Summary Statement
Agreement for purchase
Deeds
Other documents as required
o Present the offer in person and handle all discussion with owners o Keep the City advised as to the status of negotiations. Escrow and Title Coordination
o Assist the City in handling the escrow and title work Project Management
o Attend meetings, provide general consultations o r right-of-way matters pertaining to the project.
Project Tracking and Clerical
o Provide the necessary tracking and clerical work for the right-of-way acquisition work for the project.
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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 durat ion 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 ag gregate 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 Ci ty’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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EXHIBIT C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employees. If the Consultant maint ains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
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 Bus iness 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 copyrigh t, 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 tha n:
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, it s 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 furni shed 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 cla use 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 i n 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 pr ovision 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 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 ame ndatory 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 CO NTRACTOR 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 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 civil engineering and surveying professional services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.
2.07. Exhibits. Exhibits “A, B, C, and D are attached and incorporated.
3. Contractor’s Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.
3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor. No employer/employee relationship exists between Contract or 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 Cannon Corporation Attn: Yoselyn Moreno Attn: Anthony Severy 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 wo rkers 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: Gary Solsona, PE, QSD By: Brett Fulgoni
Director Public Works Director
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
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EXHIBIT A
Services listed represent the full range of disciplines the City may engage under this contract. Traffic engineering, structural engineering, geotechnical engineering, and right-of-way/appraisal services listed herein are intended as incidental or supplemental support only and are not intended to replace the City's separate on -call contracts for those disciplines. The City reserves the right to assign such services under this contract or the applicable dedicated on-call contract at its discretion.
Basic services shall be to perform various engineering/surveying tasks typical of a municipal agency.
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:
Project Management Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform project management services on the project types listed above include, but are not limited to:
Continuous interface with City staff regarding projects Attend project meetings and prepare meeting agendas and action items Follow up to ensure action items are completed
Coordination with engineering contractors
Coordination with other agencies
Provide technical review and comment on contractor deliverables Development/maintenance of project schedules
Prepare bid packages
Track and monitor project costs
Track and monitor all funding
Prepare grant funding claims as required
Prepare grant applications
Prepare RFPs for professional services, as required to continue progress of projects.
Civil Engineering Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform engineering design services on the project types listed above include, but are not limited to:
Preparation of plans, specifications and estimates
Plan check/Peer review
Preparation of project drawings in CAD
Constructability Review
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Understanding and application of standard details and specifications from:
City of Santa Maria
Caltrans
Greenbook
APWA
AWWA
County of Santa Barbara
Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects. Best Management Practices.
Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
Understanding of environmental regulations relevant to construction activities. Contractor is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
Contractor and its sub -contractors shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State and local laws.
Surveying Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform land surveying services on the project types listed above include, but are not limited to:
Design surveys
Topographic surveys
Construction staking
Quality assurance of contractor staking
Monument control
Record and title research
Plat and legal description for property acquisitions
ROW certifications (Caltrans)
Map Checking
Corner Record
Property and Easement Descriptions
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Land Development Review
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform Development Review services on the project types listed above include, but are not limited to:
Application of state and local laws and ordinances and the City’s Municipal Code. Application of the Subdivision Map Act
Attend internal and external meetings with staff, applicants, and other review bodies Review Traffic analyses
Review Drainage studies
Application of Regional Water Quality Control Board requirements Review of project plans in relation to public impacts/improvements and conformance with City Planning documents such as:
o General Plan
o Specific Plans
o Bikeway Master Plan
o Active Transportation Plan
o Utility Capacity Study
Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o Institute of Transportation Engineers (ITE) Trip Generation Manuals o City of Santa Maria
o County of Santa Barbara
Ability to work with the Utilities Department, special districts, and public agencies in and adjacent to the City of Santa Maria
Traffic/Transportation Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform traffic and transportation engineering services on the project types listed above include but are not limited to:
Traffic and parking studies including warrant analysis as applicable. Transportation demand management programs
Signal timing and coordination plans, and recommendations on signal maintenance and upgrades
Planning and conceptual designs of traffic diversion and calming plans including roundabouts. Planning and conceptual designs of complete streets in light of established standards and guidelines as well as assessment of potential operational impacts (such as the impacts on automobile traffic that could result from a road diet to provide bike lanes) Planning and establishment of safe routes to schools.
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Development and updates of transportation related policies and guidelines such as transportation master plans.
Grant writing for federal, state, and regional funding programs for traffic studies and improvement projects.
Review of the traffic and parking aspects of City capital improvement projects Multi-modal travel modeling and traffic volume forecasts Establishment and updates of transportation related fees such as traffic impact fees Respond to public inquiries and requests for traffic control device installations and modifications such as stop signs, crosswalks, traffic channelization, speed zones, etc. Traffic and parking management and control plans.
Data collection including multi-modal traffic volumes, traffic speeds, origin-destination surveys, travel time and delays, and parking utilization
Sign and pavement marking retroreflectivity assessment and data processing Present projects and programs in project meetings, community workshops, and public hearings as needed.
Structural Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform structural engineering services on the project types listed above include, but are not limited to:
General structural engineering services
Inspection and testing services
Computer-aided structural design and drafting of bridges, retaining wall and other structures Plan checking services
Provide structural engineering services on existing or potential construction of bridges, overpasses, building foundations, and retaining walls. Design of repairs, retrofits, or modifications to existing bridges and structures
Seismic analysis of existing bridges and other structures Load rating of existing bridges
Provide structural engineering services for potentially hazardous situations such as seismic activity.
Design temporary shoring for structures damaged during a disaster or seismic activity. Provide a Structural report including site plan, results of investigation, conclusions, and Structural recommendations for design of the proposed facility or remodel. Provide structural engineering services on building permits for new construction and/or remodels. Provide technical support to staff on structural related matters during bidding and construction. This includes but is not limited to responding to bidder questions, providing addenda and written clarifications when necessary, responding to contractor Requests for Information (RFI), reviewing contractor submittals to assure
conformance with the construction specifications and drawings, attending project related meetings, and addressing structural problems and deficiencies.
Provide general structural consulting services such as interpreting code requirements, identifying and selecting design alternatives, assisting with cost estimates, and providing peer reviews. The Contractor will be expected to provide written reports, technical memorandums, calculations, or Attachment J
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other documentation as necessary, and have the capability to develop biddable design documents and provide engineering support during construction.
Other structural engineering services as needed.
Right-of-Way Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform right -of-way services include but are not limited to:
Appraisal
o Appraise Properties
o Prepare Appraisal Report
Negotiation
o Negotiate for the purchase of partial/full properties o Prepare all letters and documents required for the proposed acquisitions including but not limited to the following:
Offer Letter
Appraisal Summary Statement
Agreement for purchase
Deeds
Other documents as required
o Present the offer in person and handle all discussion with owners o Keep the City advised as to the status of negotiations. Escrow and Title Coordination
o Assist the City in handling the escrow and title work Project Management
o Attend meetings, provide general consultations o r right-of-way matters pertaining to the project.
Project Tracking and Clerical
o Provide the necessary tracking and clerical work for the right-of-way acquisition work for the project.
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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 durat ion 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 ag gregate 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 maint ains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
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 copyrigh t, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
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C. Self-insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance Provisions
The liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment fur nished 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.
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AGREEMENT FOR SERVICES
This Agreement is made on August 4, 2026, by and between Filippin Engineering, Inc., a California S- Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:
WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Consultant to provide manpower to complete the Project; and
WHEREAS, Consultant is registered or licensed in California to perform desired services for the Project.
NOW, THEREFORE, IT IS AGREED:
1. Recitals true. The above recitals are true.
2. General.
2.01. Term and Termination. The term of this contract is until 11:59 p.m. on June 30, 2028, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.
2.02. Services to be Performed. Contractor shall determine the method, details and means of providing on-call civil engineering and surveying professional services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.
2.07. Exhibits. Exhibits “A, B, C, and D are attached and incorporated.
3. Contractor’s Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.
3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor. No employer/employee relationship exists between Contractor and the City. Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement. 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 K
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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 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 K
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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: Gino Filippin By: Brett Fulgoni
President Public Works Director
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
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EXHIBIT A
Services listed represent the full range of disciplines the City may engage under this contract. Traffic engineering, structural engineering, geotechnical engineering, and right -of-way/appraisal services listed herein are intended as incidental or supplemental support only and are not intended to replace the City's separate on -call contracts for those disciplines. The City reserves the right to assign such services under this contract or the applicable dedicated on-call contract at its discretion.
Basic services shall be to perform various engineering/surveying tasks typical of a municipal agency.
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:
Project Management Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform project management services on the project types listed above include, but are not limited to:
Continuous interface with City staff regarding projects Attend project meetings and prepare meeting agendas and action items Follow up to ensure action items are completed
Coordination with engineering contractors
Coordination with other agencies
Provide technical review and comment on contractor deliverables Development/maintenance of project schedules
Prepare bid packages
Track and monitor project costs
Track and monitor all funding
Prepare grant funding claims as required
Prepare grant applications
Prepare RFPs for professional services, as required to continue progress of projects.
Civil Engineering Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform engineering design services on the project types listed above include, but are not limited to:
Preparation of plans, specifications and estimates
Plan check/Peer review
Preparation of project drawings in CAD
Constructability Review
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Understanding and application of standard details and specifications from:
City of Santa Maria
Caltrans
Greenbook
APWA
AWWA
County of Santa Barbara
Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects. Best Management Practices.
Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
Understanding of environmental regulations relevant to construction activities. Contractor is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
Contractor and its sub -contractors shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State and local laws.
Surveying Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform land surveying services on the project types listed above include, but are not limited to:
Design surveys
Topographic surveys
Construction staking
Quality assurance of contractor staking
Monument control
Record and title research
Plat and legal description for property acquisitions
ROW certifications (Caltrans)
Map Checking
Corner Record
Property and Easement Descriptions
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Land Development Review
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform Development Review services on the project types listed above include, but are not limited to:
Application of state and local laws and ordinances and the City’s Municipal Code. Application of the Subdivision Map Act
Attend internal and external meetings with staff, applicants, and other review bodies Review Traffic analyses
Review Drainage studies
Application of Regional Water Quality Control Board requirements Review of project plans in relation to public impacts/improvements and conformance with City Planning documents such as:
o General Plan
o Specific Plans
o Bikeway Master Plan
o Active Transportation Plan
o Utility Capacity Study
Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o Institute of Transportation Engineers (ITE) Trip Generation Manuals o City of Santa Maria
o County of Santa Barbara
Ability to work with the Utilities Department, special districts, and public agencies in and adjacent to the City of Santa Maria
Traffic/Transportation Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform traffic and transportation engineering services on the project types listed above include but are not limited to:
Traffic and parking studies including warrant analysis as applicable. Transportation demand management programs
Signal timing and coordination plans, and recommendations on signal maintenance and upgrades
Planning and conceptual designs of traffic diversion and calming plans including roundabouts. Planning and conceptual designs of complete streets in light of established standards and guidelines as well as assessment of potential operational impacts (such as the impacts on automobile traffic that could result from a road diet to provide bike lanes) Planning and establishment of safe routes to schools.
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Development and updates of transportation related policies and guidelines such as transportation master plans.
Grant writing for federal, state, and r egional funding programs for traffic studies and improvement projects.
Review of the traffic and parking aspects of City capital improvement projects Multi-modal travel modeling and traffic volume forecasts Establishment and updates of transportation related fees such as traffic impact fees Respond to public inquiries and requests for traffic control device installations and modifications such as stop signs, crosswalks, traffic channelization, speed zones, etc. Traffic and parking management and control plans.
Data collection including multi-modal traffic volumes, traffic speeds, origin -destination surveys, travel time and delays, and parking utilization
Sign and pavement marking retroreflectivity assessment and data processing Present projects and programs in project meetings, community workshops, and public hearings as needed.
Structural Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform structural engineering services on the project types listed above include, but are not limited to:
General structural engineering services
Inspection and testing services
Computer-aided structural design and drafting of bridges, retaining wall and other structures Plan checking services
Provide structural engineering services on existing or potential construction of bridges, overpasses, building foundations, and retaining walls. Design of repairs, retrofits, or modifications to existing bridges and structures
Seismic analysis of existing bridges and other structures Load rating of existing bridges
Provide structural engineering services for potentially hazardous situations such as seismic activity.
Design temporary shoring for structures damaged during a disaster or seismic activity. Provide a Structural report including site plan, results of investigation, conclusions, and Structural recommendations for design of the proposed facility or remodel. Provide structural engineering services on building permits for new construction and/or remodels. Provide technical support to staff on structural related matters during bidding and construction. This includes but is not limited to responding to bidder questions, providing addenda and written clarifications when necessary, responding to contractor Requests for Information (RFI), reviewing contractor submittals to assure
conformance with the construction specifications and drawings, attending project related meetings, and addressing structural problems and deficiencies.
Provide general structural consulting services such as interpreting code requirements, identifying and selecting design alternatives, assisting with cost estimates, and providing peer reviews. The Contractor will be expected to provide written reports, technical memorandums, calculations, or Attachment K
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other documentation as necessary, and have the capability to develop biddable design documents and provide engineering support during construction.
Other structural engineering services as needed.
Right-of-Way Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform right -of-way services include but are not limited to:
Appraisal
o Appraise Properties
o Prepare Appraisal Report
Negotiation
o Negotiate for the purchase of partial/full properties o Prepare all letters and documents required for the proposed acquisitions including but not limited to the following:
Offer Letter
Appraisal Summary Statement
Agreement for purchase
Deeds
Other documents as required
o Present the offer in person and handle all discussion with owners o Keep the City advised as to the status of negotiations. Escrow and Title Coordination
o Assist the City in handling the escrow and title work Project Management
o Attend meetings, provide general consultations or right -of-way matters pertaining to the project.
Project Tracking and Clerical
o Provide the necessary tracking and clerical work for the right-of-way acquisition work for the project.
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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 identi fy 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 bille d 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 a ny 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, inva sion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
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C. Self-insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance Provisions
The liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City.
All n otices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall speci fy 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 orig inal 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 K
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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 K
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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 K
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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 Nichols Consulting Engineers, 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 civil engineering and surveying professional services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.
2.07. Exhibits. Exhibits “A, B, C, and D are attached and incorporated.
3. Contractor’s Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.
3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor. No employer/employee relationship exists between Contractor and the City. Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement. Contractor (as a business entity, including its employ ees) 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 L
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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 Nichols Consulting Engineers Attn: Yoselyn Moreno Attn: Jim Bui
110 S. Pine Street, Suite 221 2300 E Katella Ave, Suite 125 Santa Maria, CA 93458 Anaheim, California 92806
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.03. 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 certifi cate 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 L
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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: Vivek Jha, MS, PE By: Brett Fulgoni
Principal/Client Manager Public Works Director
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
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EXHIBIT A
Services listed represent the full range of disciplines the City may engage under this contract. Traffic engineering, structural engineering, geotechnical engineering, and right -of-way/appraisal services listed herein are intended as incidental or supplemental support only and are not intended to replace the City's separate on-call contracts for those disciplines. The City reserves the right to assign such services under this contract or the applicable dedicated on-call contract at its discretion.
Basic services shall be to perform various engineering/surveying tasks typical of a municipal agency.
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:
Project Management Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform project management services on the project types listed above include, but are not limited to:
Continuous interface with City staff regarding projects Attend project meetings and prepare meeting agendas and action items Follow up to ensure action items are completed
Coordination with engineering contractors
Coordination with other agencies
Provide technical review and comment on contractor deliverables Development/maintenance of project schedules
Prepare bid packages
Track and monitor project costs
Track and monitor all funding
Prepare grant funding claims as required
Prepare grant applications
Prepare RFPs for professional services, as required to continue progress of projects.
Civil Engineering Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform engineering design services on the project types listed above include, but are not limited to:
Preparation of plans, specifications and estimates
Plan check/Peer review
Preparation of project drawings in CAD
Constructability Review
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Understanding and application of standard details and specifications from:
City of Santa Maria
Caltrans
Greenbook
APWA
AWWA
County of Santa Barbara
Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects. Best Management Practices.
Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
Understanding of environmental regulations relevant to construction activities. Contractor is responsible for keeping City regularly informed with regard to issues related t o cost, schedule, contract or legal issues among others.
Contractor and its sub -contractors shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State and local laws.
Surveying Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform land surveying services on the project types listed above include, but are not limited to:
Design surveys
Topographic surveys
Construction staking
Quality assurance of contractor staking
Monument control
Record and title research
Plat and legal description for property acquisitions
ROW certifications (Caltrans)
Map Checking
Corner Record
Property and Easement Descriptions
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Land Development Review
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform Development Review services on the project types listed above include, but are not limited to:
Application of state and local laws and ordinances and the City’s Municipal Code. Application of the Subdivision Map Act
Attend internal and external meetings with staff, applicants, and other review bodies Review Traffic analyses
Review Drainage studies
Application of Regional Water Quality Control Board requirements Review of project plans in relation to public impacts/improvements and conformance with City Planning documents such as:
o General Plan
o Specific Plans
o Bikeway Master Plan
o Active Transportation Plan
o Utility Capacity Study
Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o Institute of Transportation Engineers (ITE) Trip Generation Manuals o City of Santa Maria
o County of Santa Barbara
Ability to work with the Utilities Department, special districts, and public agencies in and adjacent to the City of Santa Maria
Traffic/Transportation Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform traffic and transportation engineering services on the project types listed above include but are not limited to:
Traffic and parking studies including warrant analysis as applicable. Transportation demand management programs
Signal timing and coordination plans, and recommendations on signal maintenance and upgrades
Planning and conceptual designs of traffic diversion and calming plans including roundabouts. Planning and conceptual designs of complete streets in light of established standards and guidelines as well as assessment of potential operational impacts (such as the impacts on automobile traffic that could result from a road diet to provide bike lanes) Planning and establishment of safe routes to schools.
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Development and updates of transportation related policies and guidelines such as transportation master plans.
Grant writing for federal, state, and regional funding programs for traffic studies and improvement projects.
Review of the traffic and parking aspects of City capital improvement projects Multi-modal travel modeling and traffic volume forecasts Establishment and updates of transportation related fees such as traffic impact fees Respond to public inquiries and requests for traffic control device installations and modifications such as stop signs, crosswalks, traffic channelization, speed zones, etc. Traffic and parking management and control plans.
Data collection including multi-modal traffic volumes, traffic speeds, origin -destination surveys, travel time and delays, and parking utilization
Sign and pavement marking retroreflectivity assessment and data processing Present projects and programs in project meetings, community workshops, and public hearings as needed.
Structural Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform structural engineering services on the project types listed above include, but are not limited to:
General structural engineering services
Inspection and testing services
Computer-aided structural design and drafting of bridges, retaining wall and other structures Plan checking services
Provide structural engineering services on existing or potential construction of bridges, overpasses, building foundations, and retaining walls. Design of repairs, retrofits, or modifications to existing bridges and structures
Seismic analysis of existing bridges and other structures Load rating of existing bridges
Provide structural engineering services for potentially hazardous situations such as seismic activity.
Design temporary shoring for structures damaged during a disaster or seismic activity. Provide a Structural report including site plan, results of investigation, conclusions, and Structural recommendations for design of the proposed facility or remodel. Provide structural engineering services on building permits for new construction and/or remodels. Provide technical support to staff on structural related matters during bidding and construction. This includes but is not limited to responding to bidder questions, providing addenda and written clarifications when necessary, responding to contractor Requests for Information (RFI), reviewing contractor submittals to assure
conformance with the construction specifications and drawings, attending project related meetings, and addressing structural problems and deficiencies.
Provide general structural consulting services such as interpreting code requirements, identifying and selecting design alternatives, assisting with cost estimates, and providing peer reviews. The Contractor will be expected to provide written reports, technical memorandums, calculations, or Attachment L
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other documentation as necessary, and have the capability to develop biddable design documents and provide engineering support during construction.
Other structural engineering services as needed.
Right-of-Way Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform right -of-way services include but are not limited to:
Appraisal
o Appraise Properties
o Prepare Appraisal Report
Negotiation
o Negotiate for the purchase of partial/full properties o Prepare all letters and documents required for the proposed acquisitions including but not limited to the following:
Offer Letter
Appraisal Summary Statement
Agreement for purchase
Deeds
Other documents as required
o Present the offer in person and handle all discussion with owners o Keep the City advised as to the status of negotiations. Escrow and Title Coordination
o Assist the City in handling the escrow and title work Project Management
o Attend meetings, provide general consultations o r right-of-way matters pertaining to the project.
Project Tracking and Clerical
o Provide the necessary tracking and clerical work for the right-of-way acquisition work for the project.
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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 durat ion 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 ag gregate 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 Cons ultant 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 Em ployer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
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C. Self-insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance Provisions
The liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City.
All n otices provided pursuant to this Agreement shall be given to the City representative listed for not ice 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
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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 L
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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 L
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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 Omni Design, Inc., a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:
WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Consultant to provide manpower to complete the Project; and
WHEREAS, Consultant is registered or licensed in California to perform desired services for the Project.
NOW, THEREFORE, IT IS AGREED:
1. Recitals true. The above recitals are true.
2. General.
2.01. Term and Termination. The term of this contract is until 11:59 p.m. on June 30, 2028, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.
2.02. Services to be Performed. Contractor shall determine the method, details and means of providing on-call civil engineering and surveying professional services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.
2.07. Exhibits. Exhibits “A, B, C, and D are attached and incorporated.
3. Contractor’s Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.
3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor. No employer/employee relationship exists between Contractor and the City. Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement. 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 M
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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 Omni Design, Inc.
Attn: Yoselyn Moreno Attn: Juan Pablo Cal y Mayor 110 S. Pine Street, Suite 221 285 South Street, Suite P 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 M
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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: Juan Pablo Cal y Mayor By: Brett Fulgoni
CEO Public Works Director
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
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EXHIBIT A
Services listed represent the full range of disciplines the City may engage under this contract. Traffic engineering, structural engineering, geotechnical engineering, and right -of-way/appraisal services listed herein are intended as incidental or supplemental support only and are not intended to replace the City's separate on -call contracts for those disciplines. The City reserves the right to assign such services under this contract or the applicable dedicated on-call contract at its discretion.
Basic services shall be to perform various engineering/surveying tasks typical of a municipal agency.
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:
Project Management Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform project management services on the project types listed above include, but are not limited to:
Continuous interface with City staff regarding projects Attend project meetings and prepare meeting agendas and action items Follow up to ensure action items are completed
Coordination with engineering contractors
Coordination with other agencies
Provide technical review and comment on contractor deliverables Development/maintenance of project schedules
Prepare bid packages
Track and monitor project costs
Track and monitor all funding
Prepare grant funding claims as required
Prepare grant applications
Prepare RFPs for professional services, as required to continue progress of projects.
Civil Engineering Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform engineering design services on the project types listed above include, but are not limited to:
Preparation of plans, specifications and estimates
Plan check/Peer review
Preparation of project drawings in CAD
Constructability Review
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Understanding and application of standard details and specifications from:
City of Santa Maria
Caltrans
Greenbook
APWA
AWWA
County of Santa Barbara
Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects. Best Management Practices.
Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
Understanding of environmental regulations relevant to construction activities. Contractor is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
Contractor and its sub -contractors shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State and local laws.
Surveying Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform land surveying services on the project types listed above include, but are not limited to:
Design surveys
Topographic surveys
Construction staking
Quality assurance of contractor staking
Monument control
Record and title research
Plat and legal description for property acquisitions
ROW certifications (Caltrans)
Map Checking
Corner Record
Property and Easement Descriptions
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Land Development Review
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform Development Review services on the project types listed above include, but are not limited to:
Application of state and local laws and ordinances and the City’s Municipal Code. Application of the Subdivision Map Act
Attend internal and external meetings with staff, applicants, and other review bodies Review Traffic analyses
Review Drainage studies
Application of Regional Water Quality Control Board requirements Review of project plans in relation to public impacts/improvements and conformance with City Planning documents such as:
o General Plan
o Specific Plans
o Bikeway Master Plan
o Active Transportation Plan
o Utility Capacity Study
Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o Institute of Transportation Engineers (ITE) Trip Generation Manuals o City of Santa Maria
o County of Santa Barbara
Ability to work with the Utilities Department, special districts, and public agencies in and adjacent to the City of Santa Maria
Traffic/Transportation Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform traffic and transportation engineering services on the project types listed above include but are not limited to:
Traffic and parking studies including warrant analysis as applicable. Transportation demand management programs
Signal timing and coordination plans, and recommendations on signal maintenance and upgrades
Planning and conceptual designs of traffic diversion and calming plans including roundabouts. Planning and conceptual designs of complete streets in light of established standards and guidelines as well as assessment of potential operational impacts (such as the impacts on automobile traffic that could result from a road diet to provide bike lanes) Planning and establishment of safe routes to schools.
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Development and updates of transportation related policies and guidelines such as transportation master plans.
Grant writing for federal, state, and r egional funding programs for traffic studies and improvement projects.
Review of the traffic and parking aspects of City capital improvement projects Multi-modal travel modeling and traffic volume forecasts Establishment and updates of transportation related fees such as traffic impact fees Respond to public inquiries and requests for traffic control device installations and modifications such as stop signs, crosswalks, traffic channelization, speed zones, etc. Traffic and parking management and control plans.
Data collection including multi-modal traffic volumes, traffic speeds, origin -destination surveys, travel time and delays, and parking utilization
Sign and pavement marking retroreflectivity assessment and data processing Present projects and programs in project meetings, community workshops, and public hearings as needed.
Structural Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform structural engineering services on the project types listed above include, but are not limited to:
General structural engineering services
Inspection and testing services
Computer-aided structural design and drafting of bridges, retaining wall and other structures Plan checking services
Provide structural engineering services on existing or potential construction of bridges, overpasses, building foundations, and retaining walls. Design of repairs, retrofits, or modifications to existing bridges and structures
Seismic analysis of existing bridges and other structures Load rating of existing bridges
Provide structural engineering services for potentially hazardous situations such as seismic activity.
Design temporary shoring for structures damaged during a disaster or seismic activity. Provide a Structural report including site plan, results of investigation, conclusions, and Structural recommendations for design of the proposed facility or remodel. Provide structural engineering services on building permits for new construction and/or remodels. Provide technical support to staff on structural related matters during bidding and construction. This includes but is not limited to responding to bidder questions, providing addenda and written clarifications when necessary, responding to contractor Requests for Information (RFI), reviewing contractor submittals to assure
conformance with the construction specifications and drawings, attending project related meetings, and addressing structural problems and deficiencies.
Provide general structural consulting services such as interpreting code requirements, identifying and selecting design alternatives, assisting with cost estimates, and providing peer reviews. The Contractor will be expected to provide written reports, technical memorandums, calculations, or Attachment M
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other documentation as necessary, and have the capability to develop biddable design documents and provide engineering support during construction.
Other structural engineering services as needed.
Right-of-Way Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform right -of-way services include but are not limited to:
Appraisal
o Appraise Properties
o Prepare Appraisal Report
Negotiation
o Negotiate for the purchase of partial/full properties o Prepare all letters and documents required for the proposed acquisitions including but not limited to the following:
Offer Letter
Appraisal Summary Statement
Agreement for purchase
Deeds
Other documents as required
o Present the offer in person and handle all discussion with owners o Keep the City advised as to the status of negotiations. Escrow and Title Coordination
o Assist the City in handling the escrow and title work Project Management
o Attend meetings, provide general consultations or right -of-way matters pertaining to the project.
Project Tracking and Clerical
o Provide the necessary tracking and clerical work for the right-of-way acquisition work for the project.
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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 identi fy 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 bille d 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 privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
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C. Self-insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance Provisions
The liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and 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 M
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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 o f 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 M
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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 M
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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 Psomas, 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 civil engineering and surveying professional services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.
2.07. Exhibits. Exhibits “A, B, C, and D are attached and incorporated.
3. Contractor’s Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.
3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor. No employer/employee relationship exists between Contractor and the City. Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement. 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 N
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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 Psomas Attn: Yoselyn Moreno Attn: Brian Wright
110 S. Pine Street, Suite 221 1410 Rocky Ridge Drive, Suite 300 Santa Maria, CA 93458 Roseville, CA 95661
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 N
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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: Tim Hayes, PE By: Brett Fulgoni
Vice President/Principal Public Works Director
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
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EXHIBIT A
Services listed represent the full range of disciplines the City may engage under this contract. Traffic engineering, structural engineering, geotechnical engineering, and right -of-way/appraisal services listed herein are intended as incidental or suppleme ntal support only and are not intended to replace the City's separate on -call contracts for those disciplines. The City reserves the right to assign such services under this contract or the applicable dedicated on-call contract at its discretion.
Basic services shall be to perform various engineering/surveying tasks typical of a municipal agency.
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:
Project Management Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform project management services on the project types listed above include, but are not limited to:
Continuous interface with City staff regarding projects Attend project meetings and prepare meeting agendas and action items Follow up to ensure action items are completed
Coordination with engineering contractors
Coordination with other agencies
Provide technical review and comment on contractor deliverables Development/maintenance of project schedules
Prepare bid packages
Track and monitor project costs
Track and monitor all funding
Prepare grant funding claims as required
Prepare grant applications
Prepare RFPs for professional services, as required to continue progress of projects.
Civil Engineering Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform engineering design services on the project types listed above include, but are not limited to:
Preparation of plans, specifications and estimates
Plan check/Peer review
Preparation of project drawings in CAD
Constructability Review
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Understanding and application of standard details and specifications from:
City of Santa Maria
Caltrans
Greenbook
APWA
AWWA
County of Santa Barbara
Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects. Best Management Practices.
Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
Understanding of environmental regulations relevant to construction activities. Contractor is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
Contractor and its sub -contractors shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State and local laws.
Surveying Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform land surveying services on the project types listed above include, but are not limited to:
Design surveys
Topographic surveys
Construction staking
Quality assurance of contractor staking
Monument control
Record and title research
Plat and legal description for property acquisitions
ROW certifications (Caltrans)
Map Checking
Corner Record
Property and Easement Descriptions
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Land Development Review
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform Development Review services on the project types listed above include, but are not limited to:
Application of state and local laws and ordinances and the City’s Municipal Code. Application of the Subdivision Map Act
Attend internal and external meetings with staff, applicants, and other review bodies Review Traffic analyses
Review Drainage studies
Application of Regional Water Quality Control Board requirements Review of project plans in relation to public impacts/improvements and conformance with City Planning documents such as:
o General Plan
o Specific Plans
o Bikeway Master Plan
o Active Transportation Plan
o Utility Capacity Study
Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o Institute of Transportation Engineers (ITE) Trip Generation Manuals o City of Santa Maria
o County of Santa Barbara
Ability to work with the Utilities Department, special districts, and public agencies in and adjacent to the City of Santa Maria
Traffic/Transportation Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform traffic and transportation engineering services on the project types listed above include but are not limited to:
Traffic and parking studies including warrant analysis as applicable. Transportation demand management programs
Signal timing and coordination plans, an d recommendations on signal maintenance and upgrades
Planning and conceptual designs of traffic diversion and calming plans including roundabouts. Planning and conceptual designs of complete streets in light of established standards and guidelines as well as assessment of potential operational impacts (such as the impacts on automobile traffic that could result from a road diet to provide bike lanes) Planning and establishment of safe routes to schools.
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Development and updates of transportation related poli cies and guidelines such as transportation master plans.
Grant writing for federal, state, and regional funding programs for traffic studies and improvement projects.
Review of the traffic and parking aspects of City capital improvement projects Multi-modal travel modeling and traffic volume forecasts Establishment and updates of transportation related fees such as traffic impact fees Respond to public inquiries and requests for traffic control device installations and modifications such as stop signs, crosswalks, traffic channelization, speed zones, etc. Traffic and parking management and control plans.
Data collection including multi-modal traffic volumes, traffic speeds, origin -destination surveys, travel time and delays, and parking utilization
Sign and pavement marking retroreflectivity assessment and data processing Present projects and programs in project meetings, community workshops, and public hearings as needed.
Structural Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform structural engineering services on the project types listed above include, but are not limited to:
General structural engineering services
Inspection and testing services
Computer-aided structural design and drafting of bridges, retaining wall and other structures Plan checking services
Provide structural engineering services on existing or potential construction of bridges, overpasses, building foundations, and retaining walls. Design of repairs, retrofits, or modifications to existing bridges and structures
Seismic analysis of existing bridges and other structures Load rating of existing bridges
Provide structural engineering services for potentially hazardous situations such as seismic activity.
Design temporary shoring for structures damaged during a disaster or seismic activity. Provide a Structural report including site plan, results of investigation, conclusions, and Structural recommendations for design of the proposed facility or remodel. Provide structural engineering services on building permits for new construction and/or remodels. Provide technical support to staff on structural related matters during bidding and construction. This includes but is not limited to responding to bidder questions, providing addenda and written clarifications when necessary, responding to contractor Requests for Information (RFI), reviewing contractor submittals to assure
conformance with the construction specifications and drawings, attending project related meetings, and addressing structural problems and deficiencies.
Provide general structural consulting services such as interpreting code requirements, identifying and selecting design alternatives, assisting with cost estimates, and providing peer reviews. The Contractor will be expected to provide written reports, technical memorandums, calculations, or Attachment N
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other documentation as necessary, and have the capability to develop biddable design documents and provide engineering support during construction.
Other structural engineering services as needed.
Right-of-Way Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform right -of-way services include but are not limited to:
Appraisal
o Appraise Properties
o Prepare Appraisal Report
Negotiation
o Negotiate for the purchase of partial/full properties o Prepare all letters and documents required for the proposed acquisitions including but not limited to the following:
Offer Letter
Appraisal Summary Statement
Agreement for purchase
Deeds
Other documents as required
o Present the offer in person and handle all discussion with owners o Keep the City advised as to the status of negotiations. Escrow and Title Coordination
o Assist the City in handling the escrow and title work Project Management
o Attend meetings, provide general consultations or right -of-way matters pertaining to the project.
Project Tracking and Clerical
o Provide the necessary tracking and clerical work for the right-of-way acquisition work for the project.
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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 ful l 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, represe ntatives, 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 requir ed 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, includin g but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
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C. Self-insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance Provisions
The liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City.
All 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 N
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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 c omplete, 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 N
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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 N
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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 Tetra Tech, Inc., a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:
WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Consultant to provide manpower to complete the Project; and
WHEREAS, Consultant is registered or licensed in California to perform desired services for the Project.
NOW, THEREFORE, IT IS AGREED:
1. Recitals true. The above recitals are true.
2. General.
2.01. Term and Termination. The term of this contract is until 11:59 p.m. on June 30, 2028, beginning on the date first written above. This contract may be extended by mutual consent of the 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 civil engineering and surveying professional services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.
2.07. Exhibits. Exhibits “A, B, C, and D are attached and incorporated.
3. Contractor’s Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.
3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor. No employer/employee relationship exists between Contractor and the City. Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement. 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 O
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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 Tetra Tech, Inc.
Attn: Yoselyn Moreno Attn: Craig Ziel
110 S. Pine Street, Suite 221 711 Tank Farm Road, Suite 110 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 O
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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: Dan Helt, PE, PLS By: Brett Fulgoni
Vice President Public Works Director
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
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EXHIBIT A
Services listed represent the full range of disciplines the City may engage under this contract. Traffic engineering, structural engineering, geotechnical engineering, and right -of-way/appraisal services listed herein are intended as incidental or supplemental supp ort only and are not intended to replace the City's separate on -call contracts for those disciplines. The City reserves the right to assign such services under this contract or the applicable dedicated on-call contract at its discretion.
Basic services shall be to perform various engineering/surveying tasks typical of a municipal agency.
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:
Project Management Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform project management services on the project types listed above include, but are not limited to:
Continuous interface with City staff regarding projects Attend project meetings and prepare meeting agendas and action items Follow up to ensure action items are completed
Coordination with engineering contractors
Coordination with other agencies
Provide technical review and comment on contractor deliverables Development/maintenance of project schedules
Prepare bid packages
Track and monitor project costs
Track and monitor all funding
Prepare grant funding claims as required
Prepare grant applications
Prepare RFPs for professional services, as required to continue progress of projects.
Civil Engineering Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform engineering design services on the project types listed above include, but are not limited to:
Preparation of plans, specifications and estimates
Plan check/Peer review
Preparation of project drawings in CAD
Constructability Review
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Understanding and application of standard details and specifications from:
City of Santa Maria
Caltrans
Greenbook
APWA
AWWA
County of Santa Barbara
Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects. Best Management Practices.
Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
Understanding of environmental regulations relevant to construction activities. Contractor is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
Contractor and its sub -contractors shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State and local laws.
Surveying Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform land surveying services on the project types listed above include, but are not limited to:
Design surveys
Topographic surveys
Construction staking
Quality assurance of contractor staking
Monument control
Record and title research
Plat and legal description for property acquisitions
ROW certifications (Caltrans)
Map Checking
Corner Record
Property and Easement Descriptions
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Land Development Review
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform Development Review services on the project types listed above include, but are not limited to:
Application of state and local laws and ordinances and the City’s Municipal Code. Application of the Subdivision Map Act
Attend internal and external meetings with staff, applicants, and other review bodies Review Traffic analyses
Review Drainage studies
Application of Regional Water Quality Control Board requirements Review of project plans in relation to public impacts/improvements and conformance with City Planning documents such as:
o General Plan
o Specific Plans
o Bikeway Master Plan
o Active Transportation Plan
o Utility Capacity Study
Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o Institute of Transportation Engineers (ITE) Trip Generation Manuals o City of Santa Maria
o County of Santa Barbara
Ability to work with the Utilities Department, special districts, and public agencies in and adjacent to the City of Santa Maria
Traffic/Transportation Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform traffic and transportation engineering services on the project types listed above include but are not limited to:
Traffic and parking studies including warrant analysis as applicable. Transportation demand management programs
Signal timing and coordination plans, an d recommendations on signal maintenance and upgrades
Planning and conceptual designs of traffic diversion and calming plans including roundabouts. Planning and conceptual designs of complete streets in light of established standards and guidelines as well as assessment of potential operational impacts (such as the impacts on automobile traffic that could result from a road diet to provide bike lanes) Planning and establishment of safe routes to schools.
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Development and updates of transportation related poli cies and guidelines such as transportation master plans.
Grant writing for federal, state, and regional funding programs for traffic studies and improvement projects.
Review of the traffic and parking aspects of City capital improvement projects Multi-modal travel modeling and traffic volume forecasts Establishment and updates of transportation related fees such as traffic impact fees Respond to public inquiries and requests for traffic control device installations and modifications such as stop signs, crosswalks, traffic channelization, speed zones, etc. Traffic and parking management and control plans.
Data collection including multi-modal traffic volumes, traffic speeds, origin -destination surveys, travel time and delays, and parking utilization
Sign and pavement marking retroreflectivity assessment and data processing Present projects and programs in project meetings, community workshops, and public hearings as needed.
Structural Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform structural engineering services on the project types listed above include, but are not limited to:
General structural engineering services
Inspection and testing services
Computer-aided structural design and drafting of bridges, retaining wall and other structures Plan checking services
Provide structural engineering services on existing or potential construction of bridges, overpasses, building foundations, and retaining walls. Design of repairs, retrofits, or modifications to existing bridges and structures
Seismic analysis of existing bridges and other structures Load rating of existing bridges
Provide structural engineering services for potentially hazardous situations such as seismic activity.
Design temporary shoring for structures damaged during a disaster or seismic activity. Provide a Structural report including site plan, results of investigation, conclusions, and Structural recommendations for design of the proposed facility or remodel. Provide structural engineering services on building permits for new construction and/or remodels. Provide technical support to staff on structural related matters during bidding and construction. This includes but is not limited to responding to bidder questions, providing addenda and written clarifications when necessary, responding to contractor Requests for Information (RFI), reviewing contractor submittals to assure
conformance with the construction specifications and drawings, attending project related meetings, and addressing structural problems and deficiencies.
Provide general structural consulting services such as interpreting code requirements, identifying and selecting design alternatives, assisting with cost estimates, and providing peer reviews. The Contractor will be expected to provide written reports, technical memorandums, calculations, or Attachment O
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other documentation as necessary, and have the capability to develop biddable design documents and provide engineering support during construction.
Other structural engineering services as needed.
Right-of-Way Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform right -of-way services include but are not limited to:
Appraisal
o Appraise Properties
o Prepare Appraisal Report
Negotiation
o Negotiate for the purchase of partial/full properties o Prepare all letters and documents required for the proposed acquisitions including but not limited to the following:
Offer Letter
Appraisal Summary Statement
Agreement for purchase
Deeds
Other documents as required
o Present the offer in person and handle all discussion with owners o Keep the City advised as to the status of negotiations. Escrow and Title Coordination
o Assist the City in handling the escrow and title work Project Management
o Attend meetings, provide general consultations o r right-of-way matters pertaining to the project.
Project Tracking and Clerical
o Provide the necessary tracking and clerical work for the right-of-way acquisition work for the project.
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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 durat ion 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 ag gregate 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 maint ains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
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 copyrigh t, 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, it s 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 furni shed 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 i n 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 pr ovision 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 ame ndatory 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 O
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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 O
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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 O
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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 civil engineering and surveying professional services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.
2.07. Exhibits. Exhibits “A, B, C, and D are attached and incorporated.
3. Contractor’s Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.
3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor. No employer/employee relationship exists between Contractor and the City. Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement. 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 P
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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 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 worker s 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 P
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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, PE By: Brett Fulgoni
Principal Public Works Director
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
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EXHIBIT A
Services listed represent the full range of disciplines the City may engage under this contract. Traffic engineering, structural engineering, geotechnical engineering, and right -of-way/appraisal services listed herein are intended as incidental or supplemental support only and are not intended to replace the City's separate on -call contracts for those disciplines. The City reserves the right to assign such services under this contract or the applicable dedicated on-call contract at its discretion.
Basic services shall be to perform various engineering/surveying tasks typical of a municipal agency.
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:
Project Management Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform project management services on the project types listed above include, but are not limited to:
Continuous interface with City staff regarding projects Attend project meetings and prepare meeting agendas and action items Follow up to ensure action items are completed
Coordination with engineering contractors
Coordination with other agencies
Provide technical review and comment on contractor deliverables Development/maintenance of project schedules
Prepare bid packages
Track and monitor project costs
Track and monitor all funding
Prepare grant funding claims as required
Prepare grant applications
Prepare RFPs for professional services, as required to continue progress of projects.
Civil Engineering Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform engineering design services on the project types listed above include, but are not limited to:
Preparation of plans, specifications and estimates
Plan check/Peer review
Preparation of project drawings in CAD
Constructability Review
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Understanding and application of standard details and specifications from:
City of Santa Maria
Caltrans
Greenbook
APWA
AWWA
County of Santa Barbara
Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects. Best Management Practices.
Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
Understanding of environmental regulations relevant to construction activities. Contractor is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
Contractor and its sub -contractors shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State and local laws.
Surveying Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform land surveying services on the project types listed above include, but are not limited to:
Design surveys
Topographic surveys
Construction staking
Quality assurance of contractor staking
Monument control
Record and title research
Plat and legal description for property acquisitions
ROW certifications (Caltrans)
Map Checking
Corner Record
Property and Easement Descriptions
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Land Development Review
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform Development Review services on the project types listed above include, but are not limited to:
Application of state and local laws and ordinances and the City’s Municipal Code. Application of the Subdivision Map Act
Attend internal and external meetings with staff, applicants, and other review bodies Review Traffic analyses
Review Drainage studies
Application of Regional Water Quality Control Board requirements Review of project plans in relation to public impacts/improvements and conformance with City Planning documents such as:
o General Plan
o Specific Plans
o Bikeway Master Plan
o Active Transportation Plan
o Utility Capacity Study
Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o Institute of Transportation Engineers (ITE) Trip Generation Manuals o City of Santa Maria
o County of Santa Barbara
Ability to work with the Utilities Department, special districts, and public agencies in and adjacent to the City of Santa Maria
Traffic/Transportation Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform traffic and transportation engineering services on the project types listed above include but are not limited to:
Traffic and parking studies including warrant analysis as applicable. Transportation demand management programs
Signal timing and coordination plans, and recommendations on signal maintenance and upgrades
Planning and conceptual designs of traffic diversion and calming plans including roundabouts. Planning and conceptual designs of complete streets in light of established standards and guidelines as well as assessment of potential operational impacts (such as the impacts on automobile traffic that could result from a road diet to provide bike lanes) Planning and establishment of safe routes to schools.
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Development and updates of transportation related policies and guidelines such as transportation master plans.
Grant writing for federal, state, and regional funding programs for traffic studies and improvement projects.
Review of the traffic and parking aspects of City capital improvement projects Multi-modal travel modeling and traffic volume forecasts Establishment and updates of transportation related fees such as traffic impact fees Respond to public inquiries and requests for traffic control device installations and modifications such as stop signs, crosswalks, traffic channelization, speed zones, etc. Traffic and parking management and control plans.
Data collection including multi-modal traffic volumes, traffic speeds, origin -destination surveys, travel time and delays, and parking utilization
Sign and pavement marking retroreflectivity assessment and data processing Present projects and programs in project meetings, community workshops, and public hearings as needed.
Structural Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform structural engineering services on the project types listed above include, but are not limited to:
General structural engineering services
Inspection and testing services
Computer-aided structural design and drafting of bridges, retaining wall and other structures Plan checking services
Provide structural engineering services on existing or potential construction of bridges, overpasses, building foundations, and retaining walls. Design of repairs, retrofits, or modifications to existing bridges and structures
Seismic analysis of existing bridges and other structures Load rating of existing bridges
Provide structural engineering services for potentially hazardous situations such as seismic activity.
Design temporary shoring for structures damaged during a disaster or seismic activity. Provide a Structural report including site plan, results of investigation, conclusions, and Structural recommendations for design of the proposed facility or remodel. Provide structural engineering services on building permits for new construction and/or remodels. Provide technical support to staff on structural related matters during bidding and construction. This includes but is not limited to responding to bidder questions, providing addenda and written clarifications when necessary, responding to contractor Requests for Information (RFI), reviewing contractor submittals to assure
conformance with the construction specifications and drawings, attending project related meetings, and addressing structural problems and deficiencies.
Provide general structural consulting services such as interpreting code requirements, identifying and selecting design alternatives, assisting with cost estimates, and providing peer reviews. The Contractor will be expected to provide written reports, technical memorandums, calculations, or Attachment P
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other documentation as necessary, and have the capability to develop biddable design documents and provide engineering support during construction.
Other structural engineering services as needed.
Right-of-Way Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform right -of-way services include but are not limited to:
Appraisal
o Appraise Properties
o Prepare Appraisal Report
Negotiation
o Negotiate for the purchase of partial/full properties o Prepare all letters and documents required for the proposed acquisitions including but not limited to the following:
Offer Letter
Appraisal Summary Statement
Agreement for purchase
Deeds
Other documents as required
o Present the offer in person and handle all discussion with owners o Keep the City advised as to the status of negotiations. Escrow and Title Coordination
o Assist the City in handling the escrow and title work Project Management
o Attend meetings, provide general consultations o r right-of-way matters pertaining to the project.
Project Tracking and Clerical
o Provide the necessary tracking and clerical work for the right-of-way acquisition work for the project.
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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 durat ion 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 ag gregate 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 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.
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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 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
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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 P
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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 P
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 Resolution Approving a Proposed Establishment of Limited Time Parking Zones on Industrial Parkway
Description:
The City Council will consider adopting a Resolution establishing a limited time parking zone on Industrial Parkway.
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:
Adopt a Resolution establishing a limited time parking zone on Industrial Parkway.
BACKGROUND:
A request was received from businesses on Industrial Parkway who are experiencing ongoing unauthorized overnight camping along the street, including RVs, travel trailers, automobiles, and tents. This request stems from public safety concerns associated wit h vehicles parking for an extended period of time. The proposed measure entails an overnight parking restriction, aimed at prompting vehicle owners to seek alternative overnight parking arrangements.
DISCUSSION:
Per City Council Resolution No. 2061 and C AM 63-15, a Traffic Committee was formed to "be responsible for the review, approval or denial, and recommendations to City Council on all matters and requests relating to traffic circulation and safety within the public right-of-way." The Traffic Committee has reviewed the request for the limited time parking zone and recommends the establishment of the limited time parking zone to address safety concerns for the adjacent businesses. The City Council has the authority to locate, establish, or eliminate limited time parking zones within the City.
The limited time parking zone recommended to be established is described as follows:
Industrial Parkway, 7 days a week, from 12:00 AM to 4:00 AM, along the westerly curb face, beginning at the curb return of the driveway located approximately 500 feet north of the northerly curb ramp at the intersection of Skyway Drive and 2 Industrial Parkway, and continuing approximately 4,000 feet northerly to the point where Industrial Parkway transitions into Fairway Drive.
Alternative(s)
The City Council may choose not to establish the limited time parking zone and continue to permit parking under the existing regulations.
Fiscal Considerations
Establishing the l imited time parking zone will require labor and materials to i nstall the required signs. Staff estimates installation will cost approximately $ 4,500. Future maintenance costs associated with sign replacement due to fading, vandalism, or vehicle collisions will be accommodated within the Public Works Department operating budget.
Impact on the Community
Approximately 200 parking spaces will be limited during overnight hours. This parking restriction may cause any illegal camping and large vehicle parking to occur in another area of the City.
ATTACHMENT(S)
A. Resolution
B. Proposed the Limited Time Parking Zone on Industrial Parkway
Attachment A