www.bkf.com/contact
Task 1 – Basis of Design Memorandum
BKF will prepare a detailed Basis of Design for City Review and approval. This memorandum will include:
1. Review of existing documentation by design team:
a. Topographic survey and base map prepared for concept design. b. Walnut Ave Widening Appraisal Report.
c. CDBG Grant Subrecipient Agreement.
d. School board presentation “Walnut Ave Ped Safety and Traffic Impvt Proj 1-8-2026.”
2. Develop a concept for retaining wall design including a geotechnical study and report.
3. Develop ECR traffic signal modifications concept and signalized mid-block pedestrian crossing concept.
4. Develop a strategy for Caltrans Encroachment Design and Permitting.
5. Consider concurrent work that may be performed “by others” regarding future interchange improvements (Connecting Communities Grant).
It is anticipated that the City will want BKF, as the City Surveyor and not part of this proposal, to prepare the right of way acquisition exhibits and assist in various documentation tasks related to final acquisition.
Task 2 – 65% Plans, Specifications and Estimate
BKF will submit a 65% PDF plan set for City review and comment, along with a preliminary construction cost estimate to confirm the project scope aligns with the available budget.
BKF's structural team will design the retaining wall, prepare structural calculations, and complete the independent design check required by Caltrans. The wall will extend slightly into Caltrans right-of-way.
BKF will retain a utility locating specialist to perform “X” trench potholing at three proposed traffic signal pole locations to verify existing utilities and identify potential conflicts.
Task 3 – 100% Plans, Specifications and Estimate
BKF will submit a PDF plan set incorporating comments from the 65% review process and complete the design to DRAFT 100% and create a design package near ready to be advertised for bidding.
BKF will also prepare a DRAFT project specification to accompany the plan set in the bidding process and provide the DRAFT Engineer’s Bid Estimate to the City for budgetary purposes.
BKF will also submit a Caltrans Encroachment Permit Application to Caltrans for their review. The Caltrans Encroachment Permit Application process is expected to be completed as part of Task 3.
Optional Work
KF will retain a utility locating specialist to perform “X” trench potholing at three proposed traffic signal pole locations to verify the location of existing utilities and identify potential conflicts. Unlike traditional potholing, “X” trenching excavates the full width of the proposed pole foundation in both directions to the full depth of the foundation. This approach provides a comprehensive assessment of potential utility conflicts within the foundation footprint, reducing the risk of unforeseen conflicts during construction. This work could be completed by the contractor during construction, but early identification of utility conflicts is particularly important for long-lead procurement items, such as traffic signal poles, as it helps avoid costly redesigns and schedule delays.
Deliverables
All deliverables will be provided in Adobe Acrobat (PDF) format. Native MS Office files may be available on request • Basis of Design Memorandum
• 65% plans, specifications and estimate submittal package 198
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• 100% draft plans, specifications and estimate submittal package • 100% plans, specifications and estimate submittal package • Estimate for engineering support services during construction • Caltrans Encroachment permit application
• Geotechnical report
Assumptions and Exclusions
The following assumptions were made in preparation of this proposal:
• The conceptual design defines the anticipated project scope/limits; changes may require additional services. • The project drainage will utilize the existing storm drain system that includes the pipe extending under the freeway and exiting on the east side of the freeway just south of Walnut Avenue. • A Caltrans encroachment permit will be required for work within Caltrans right-of-way. • Caltrans' encroachment permit application and review schedule and requirements are beyond BKF's control. • This proposal excludes design associated with negotiated mitigation, relocation, repair, or replacement of the existing school warehouse building if impacted.
• The proposed project results in a net reduction of impervious area between existing and post-construction conditions; therefore, a hydrology report is not warranted and is excluded. • The project disturbance is less than one acre; the contractor will prepare a Water Pollution Control Plan (WPCP). • Construction staging and temporary traffic control plans will be prepared by the contractor and are not included in this scope. These services can be provided through a scope amendment, if requested. • Utility relocations are not anticipated; if required, design support will be provided under a scope amendment.
Compensation
The scope of work described above will be performed on a time and material basis at a not-to-exceed (NTE) fee.
Based on our understanding of the scope of work and project requirements, we have estimated the NTE fee required to provide our services as described above as:
Work Description Cost
Task 1: Basis of Design Memorandum $53,501
− Project Management and Quality Control $3,915
− Geotechnical Study and Report $25,000
− Basis of Design Memorandum $24,586
Task 2: 65% Plans, Specifictions and Estimate Submittal $102,749 − Project Management and Quality Control $6,235
− Retaining Wall Structural Design and Independent Check $26,120 − Utility As-Built Mapping (using utility atlas maps) $7,300 − 65% Plans specifications and Estimate $63,094
Task 3: 100% Plans, Specifictions and Estimate Submittal $75,316 − Project Management and Quality Control $5,655
− Draft 100% Plans, Specifications and Estimate Submittal $33,511 − Caltrans Encroachment Permit Application and Submittal $27,602 − 100% Plans, Specifications and Estimate Submittal $8,848 Reimbursable Expenses and Subconsultant Markup $2,650
TOTAL $234,216
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The costs shown utilize negotiated billing rates with discounts from our 2026 Standard Fee Schedule.
Should we approach the NTE or foresee an exceedance due to scope changes beyond our control, we will bring that to your immediate attention. We have attached our current Standard Fee Schedule for reference.
Optional work for the utility location verification (potholing) is estimated to cost $15,490 for the three locations.
Schedule
Work Description Duration Complete
Notice to Proceed n/a September 10, 2026
Task 1: Basis of Design Memorandum 3 months December 10, 2026 − Geotechnical Study and Report 3 months
− Basis of Design Memorandum 2 months
City Review of Task 1 Deliverables 2 weeks December 24, 2026 Task 2: 65% Plans, Specifictions and Estimate Submittal 3 months March 26, 2027 − Retaining Wall Structural Design and Independent Check 2 months − Utility As-Built Mapping (using utility atlas maps) 3 months − 65% Plans, Specifications and Estimate Submittal 3 months City Review of Task 2 Deliverables 2 weeks April 9, 2027 Task 3: 100% Plans, Specifictions and Estimate Submittal 3 months July 9, 2027 − Draft 100% Plans, Specifications and Estimate Submittal 2 months − Caltrans Encroachment Permit Application and Submittal 1 month − City Review of Draft 100% PS&E Submittal 2 weeks
− 100% Plans, Specifications and Estimate Submittal 1 month Design Complete n/a July 9, 2027
Caltrans Review of Encroachment Permit >2 months TBD
Closing
Thank you for the opportunity to submit this proposal. We look forward to working with the City of Greenfield.
Please feel free to contact me with any questions you may have about our proposal.
Sincerely,
BKF
Shawn Kowalewski, PE
Vice President, Principal Engineer
Attachments:
• BKF Resource Estimate - Walnut Avenue Widening
• BKF Standard Fee Schedule
• Walnut Ave Widening Appraisal Report
• CDBG Grant Subrecipient Agreement
• School Board Presentation - Walnut Ave Ped Safety and Traffic Impvt Proj 1-8-2026 200
1 Subtask and deliverable hours are summarized to task level.
Project Manager
Shawn Kowalewski
Engineering Manager
or
Quality Manager
Project Engineer V
Project Engineer III
Project Engineer I
Designer II
Designer I
2026 Standard Billing Rate $365 $315 $290 $245 $190 $175 $160 Negotiated Billing Rate $334 $290 $256 $220 $180 $169 $155 Task Descriptions1
Task 1: Basis of Design Memorandum 10 4 6 40 40 20 20 $25,000 140 $53,501 Project Management and Quality Control 10 2 12 $3,915
Geotechnical Study and Report $25,000 $25,000
Basis of Design Memorandum 2 6 40 40 20 20 128 $24,586
Task 2: 65% Plans, Specifictions and Estimate Submittal 10 36 44 168 60 60 128 506 $102,749 Project Management and Quality Control 10 10 20 $6,235Retaining Wall Structural Design & Independent Check 12 40 40 20 112 $26,120 Utility As-Built Mapping (using utility atlas maps) 2 8 32 42 $7,30065% Plans 8 4 80 40 60 80 272 $50,654 65% Specifications 2 20 22 $4,98065% Estimate 2 20 16 38 $7,460 Task 3: 100% Plans, Specifictions and Estimate Submittal 10 32 16 128 16 90 80 372 $75,316 Project Management and Quality Control 10 8 18 $5,655
Draft 100% Plans 8 4 36 16 30 60 154 $28,499
Draft 100% Specifications 1 6 7 $1,576
Draft 100% Estimate 1 6 12 19 $3,436Caltrans Encroachment Permit Application & Submittal 14 8 64 44 130 $27,602 100% Plans 2 2 12 16 32 $6,428
100% Specifications 2 2 $440
100% Estimate 2 8 10 $1,680
Total Staff Hours 30 72 66 336 116 170 228
Total Staff Cost $10,005 $20,880 $16,896 $73,920 $20,880 $28,645 $35,340 ODCs and Subconsultant Management Markup (10%) $2,500
TOTALS
BKF Resource Estimate - Walnut Avenue Widening
BKF Engineers TEAM TOTAL
Geotechnical
Study & Report
Estimated Hours by
Task and Deliverable
Estimated Cost by
Task and Deliverable
$206,716 $234,216
BKF Engineers Summary TEAM SUMMARY
$25,000 1,018 $231,566
$150 $2,650
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CITY OF GREENFIELD
AGREEMENT WITH MNS ENGINEERS, INC.
FOR ON-CALL PROFESSIONAL SERVICES
THIS AGREEMENT (“Agreement”) is entered into by and between the City of Greenfield, a general law City and Municipal Corporation of the State of California ("City"), and MNS ENGINEERS, INC. ("Consultant"). This Agreement shall be effective as of January 14, 2026 (“Effective Date”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on January 14, 2026, and shall remain and continue in effect until tasks described herein are completed, but in no event later than January 14, 2029 unless terminated earlier pursuant to the provisions of this Agreement. The Agreement may be extended by mutual written agreement of the parties on an annual basis for up to two (2) additional one-year terms, for a total contract term not to exceed five (5) years.
2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance, additionally set forth in Exhibit A.
3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant warrants to the City that it has the qualifications necessary to perform the tasks described herein.
Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. PAYMENT.
a. The City agrees to pay Consultant for services performed under this Agreement on a time-and-materials or other basis as may be agreed to in writing for each specific task assignment. This Agreement is intended to serve as a master on-call agreement, and no work shall be performed unless and until authorized by the City through a written task assignment, work order, or similar authorization. The scope of work, payment rates, compensation structure, and payment terms for each task assignment shall be negotiated on a project-by-project basis and set forth in the applicable task assignment approved by the City.
There is no minimum or guaranteed amount of compensation under this Agreement, and compensation shall be limited to the amounts authorized in each approved task assignment.
Any terms or conditions set forth in Exhibit A that do not specifically describe the authorized work, payment rates, payment terms, or payment schedule for an approved task assignment have not been agreed to by the City and shall not be deemed part of this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager, or his or her designee. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve 202
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additional work not to exceed a cumulative contract total amount of $25,000. Any additional work in excess of this amount shall be approved by the City Council. c. Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
d. Notwithstanding the above provisions, Consultant shall not be paid for any work performed until it has submitted to the City a fully completed and executed Internal Revenue Service Form W-9.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least thirty (30) days prior written notice of termination. City shall not be obligated to explain its reasons for termination. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3.
6. DEFAULT OF CONSULTANT.
a. The Consultant's failure to comply with the provisions of this Agreement shall constitute default. In the event Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his or her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice to cure the default by rendering a satisfactory performance. In the event the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
7. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of 203
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services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, video and sound recordings, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant.
8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, officials, employees, and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of the City.
9. 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, its agents, representatives, or employees.
Consultant agrees to provide insurance in accordance with the requirements set forth in Exhibit C. If Consultant uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, Consultant agrees to amend, supplement or endorse the existing coverage to do so.
10. INDEPENDENT CONTRACTOR.
a. Consultant is, and shall at all times remain as to the City, a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner.
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b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
12. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager, or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any person regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice:
To City: City of Greenfield
599 El Camino Real
Greenfield, California 93927
Attention: Paul Wood, City Manager
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To Consultant: MNS Engineers, Inc.
6 Quail Run Circle, Suite 203
Salinas, CA 93907
Attention: Patrick Dobbins, PE
14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only MNS ENGINEERS, INC. shall perform the services described in this Agreement. MNS ENGINEERS, INC. may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of MNS ENGINEERS, INC from Consultant's employ.
Should he or she leave Consultant's employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.
15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement.
17. LITIGATION. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Greenfield. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
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EXHIBIT A
SCOPE OF SERVICES
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SECTION 3. Scope of Work 30
3 Section 3. Scope of Work
Selection and Scope
We understand the City intends to utilize on-call
consultants selected in this RFQ process for various
Capital Improvement Projects (CIPs). We also
understand, however, for other unique or grant-funded
projects, the selected consultants will be asked to submit proposals or SOQs for these unique projects, or the City may request an interview to determine which consultant
will be asked to perform work in requiring a respective expertise. This RFQ selection process may be used for
local or state funded projects. The City may require
immediate services, and it is also possible that more
than one project could require services at the same
time.
We understand the on-call consultant agreement is for a three-year period with an annual option to renew for up to two years. The City will negotiate with the consultant on the total cost for the consultant services based on
its fixed hourly fee schedule, the scope of work for each project, and the terms of the contract.
We understand multiple consultants will be selected to
receive an on-call contract. Consultants will enter into a master agreement, which will specify the billing rates and personnel to be assigned.
MNS will perform all work and provide all services under this agreement consistent with the requirements and
standards established by applicable federal, state, and county laws, ordinances, regulations, and resolutions.
MNS represents and warrants it will perform its work
in accordance with generally accepted industry
standards and practices for the work required under this agreement that are in effect at the time of performance of this agreement.
MNS is submitting qualifications for all services
listed in the RFQ solicitation, and will perform
directly or by subconsultant all engineering
services requested.
Services provided by MNS will include, but are not limited to development of studies, plans, specifications, itemized cost estimates, engineering support during construction, general consulting in area of expertise, environmental
CEQA/NEPA support services, traffic and transportation
engineering, NPDES support, design services, support
during emergency events, project management, and
other integrated services.
A more detailed list of services proposed to be provided is indicated below and correlates to the requirements
of the RFQ. MNS is a broadly disciplined company with
a full range of engineering services. Some specialty
disciplines will be performed by subconsultants to our
team, specifically in the areas of landscape architecture, geotechnical engineering, SCADA, and electrical
engineering.
Scope of Engineering Services
• Facilities Master Plan Support. MNS offers experienced facilities development and maintenance project
managers who can work with our in-house planners,
environmental specialists, and engineers to oversee
implementation of facilities-related projects
associated with the City’s responsibility.
• Parks Master Plan and Project Development. We have
experienced parks development and maintenance
project managers who can work alongside City staff
or in-house planners, environmental specialists,
and engineers to oversee implementation of
facilities-related projects associated with the City’s
responsibility.
• Civil Design. MNS has extensive experience in water
resources engineering, transportation, and structural
engineering. MNS also has extensive infrastructure
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SECTION 3. Scope of Work 31
design experience in the design and maintenance of
public works facilities.
• Bid Specifications. MNS has extensive experience in
the preparation of specifications and estimates for
CIP projects in all disciplines and is able to prepare
specifications in many formats including CSI, Caltrans, APWA, etc.
• Maintenance Assessment District Engineering
Services. MNS has particular experience in the
formation and maintenance of maintenance special
districts and proposes to include these services in our SOQ. MNS performs these services for several central
coast cities and special districts.
• Review and Write Technical Reports. MNS and its
team of subconsultants can provide engineering
assessments and prepare technical reports for
water resources (including water distribution and
wastewater collection, water and wastewater
treatment), transportation (including traffic), and
transportation structures.
• Review and supervise the maintenance of records and
plans for:
– Streets
– Storm drains
– Sanitary sewers
– Wastewater treatment plants
– Public easements
– Publicly owned facilities
MNS and its team can host archiving and maintaining
public improvement plans and other public
improvement plans, as requested and desired by the
City.
• Attend City Council and Planning Commission
meetings, as deemed necessary. Our experienced staff
has extensive experience in writing and presenting
City staff reports and making presentations to the City Council.
Construction Management and
Inspection Services
• Construction Administration. MNS can fully staff any
CIP project or support City staff in any supplemental or augmenting role in the construction management and
inspection process.
• Capital Improvement Inspection Services. MNS can
fully staff or supplement and augment City staff in any CIP or encroachment permit inspection role.
• Project Management Services. MNS can fully staff or
supplement and augment City staff in any CIP project
management role.
Environmental Services
• MNS offers a full environmental services team to
conduct special studies, prepare CEQA and NEPA
evaluations and documentation, and perform impact
analyses.
• MNS can also assist with environmental permitting
requirements and documentation, compliance, and
management.
Landscape Architect Services
Through our established relationship with BFSLA, our
team can provide:
• Park planning and design
• Sports field design, including lighting
• LLMD evaluation, preparation of PS&E for maintenance, repairs, and rehabilitation
Geotechnical Services
• MNS does not provide geotechnical services directly,
but proposes to use Pacific Crest Engineering, Inc.
(PCE) as a subconsultant, and will manage and
coordinate with the geotechnical engineer and
their testing lab. MNS will review and integrate the
results of geotechnical reports into the design and
specifications.
• PCE's services include coordination of field testing
during construction.
Surveyor Services
• MNS provides high-end municipal City Surveyor
services, with expertise in map review, easements,
monumentation, and R/W services.
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SECTION 3. Scope of Work 32
• MNS has a qualified demographer and is experienced
in census-driven voter-district boundary updates.
• The MNS surveying team can provide technical
Development Map Review in accordance with the Map
Act and professional practice.
• MNS can perform research for boundary
determination, utility mapping, and base-mapping for
all work within the R/W.
Utility Distribution Collection and
Treatment Systems
MNS has the expertise and capability to provide
comprehensive:
• Utility master planning
– For water wells and distribution systems
– Wastewater treatment and collection
– Stormwater management
– Water/wastewater capacity and condition
assessment and engineering of system
improvements
• Plan for maintenance and management services
– Treatment
– Storage
– Distribution systems
• Fats, oils, greases program support
• Implementation of stormwater management plans
• Flood plain management
• Implementation of stormwater run-off management
plans
• Stormwater permit compliance
• Low impact development review
Transportation
MNS has the expertise and capability to provide
comprehensive:
• Safe Routes to School planning
• Implementation or improvements in transportation
design
• Signage and striping design
• Pedestrian improvement design
• Traffic calming
• Pavement rehabilitation improvements
Supplementary Services
MNS has subconsultant support and can provide the
expertise and capability to provide comprehensive:
• SCADA/Telemetry design and support. MNS proposes
to use a familiar and compatible equipment, SCADA
design, and support contractor.
• Electrical Assessment and Design. MNS proposes to
use a local electrical engineer for design and support
as required.
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EXHIBIT C
INSURANCE REQUIREMENTS
The following coverages will be provided by Consultant and maintained on behalf of the City and in accordance with the requirements set forth herein.
Commercial General Liability/Umbrella. Primary insurance shall be at least as broad as ISO-CGL form No. CG 00 01 or equivalent form, as determined by Risk Management staff. Total limits shall be no less than $1,000,000.00 per occurrence for all coverages and $1,000,000.00 general aggregate. City and its employees and agents shall be added as additional insureds using ISO additional insured endorsement form CG 20 10 or equivalent form, as determined by Risk Management staff (in no event will City accept an endorsement form with an edition date later than 1990). Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any employee or agent of City.
Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured.
Umbrella Liability Insurance (if necessary to meet limits requirements) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum, and shall include a "drop down" provision providing primary coverage above a maximum $25,000.00 self-insured retention for liability not covered by primary policies but covered by the umbrella policy.
Coverage shall be following form to any underlying coverage. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. Policies shall have concurrent starting and ending dates.
Business Auto/Umbrella Liability Insurance. Primary coverage shall be at least as broad as ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto). Limits shall be no less than $1,000,000.00 per accident. Starting and ending dates shall be concurrent. If Consultant owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.
Professional Liability Insurance. Coverage shall be written on a policy form that provides professional liability insurance, errors and omissions or equivalent coverage appropriate to the Consultant's occupation or service. The policy limit shall be no less than $1,000,000.00 per claim and in the aggregate.
Consultant and City further agree as follows:
1. This Exhibit supersedes all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit.
2. Nothing contained in this Exhibit is to be construed as affecting or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Exhibit are intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such.
3. All insurance coverage and limits provided pursuant to this agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this 212
Rev 9/15 10
Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
4. Requirements of specific coverage features or limits contained in this Exhibit are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
5. For purposes of insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards, performance of this Agreement.
6. All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement shall not prohibit Consultant, and Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
7. Unless otherwise approved by City, Consultant's insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best's” Insurance Guide rating of “A:VII+.” Self-insurance will not be considered to comply with these insurance specifications.
8. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant.
9. Consultant agrees to provide evidence of the insurance required herein, satisfactory to City, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability and umbrella liability policies (if any) using ISO form CG 20 10or equivalent form, as determined by Risk Management staff. Consultant shall also provide a waiver of subrogation endorsement to Consultant's workers' compensation policy applicable to the City. Certificate(s) are to reflect that the insurer will provide 30-day notice of any cancellation of coverage and all policies must be endorsed accordingly. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation and to delete the word "endeavor" with regard to any notice provisions. Consultant agrees to provide complete copies of policies to City upon request.
10. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
11. Consultant's insurance presented in compliance with these specifications shall not include self-insured retentions or deductibles unless declared to the City and approved by the City Manager. The City may require evidence of financial security if deductibles or self-insured are part of the Consultant's liability program.
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Rev 9/15 11
12. Any actual or alleged failure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement or to inform Consultant of noncompliance with any insurance requirements in no way waives any right or remedy of City or any additional insured, in this or any other regard.
13. Consultant agrees to require all subconsultants or other parties hired for this project to provide general liability insurance naming as additional insureds all parties to this Agreement. Consultant agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. Consultant agrees to require that no contract used by any subconsultant or contracts Consultant enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this agreement. Consultant agrees that upon request all agreements with subconsultants or others with whom Consultant contracts with on behalf of City, will be submitted to City for review. Failure of City to request copies of such agreement will not impose any liability on City, or its employees.
14. If Consultant is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its Managers, Affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.
15. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant that includes City as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
16. It is agreed that insurance provided pursuant to these requirements will not be limited to coverage for the vicarious liability or supervisory role of any additional insured. All insurance coverage and limits provided are intended to apply to the full extent of the policies. Nothing contained in this agreement limits the application of such insurance coverage.
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CONTRACT AMENDMENT-TASK ORDER NO. 2026-03
TO ON-CALL PROFESSIONAL SERVICES AGREEMENT
BKF
Walnut Avenue Widening Design
The City of Greenfield (CITY) and MNS Engineers (CONSULTANT), now doing business as BKF Engineers, entered into an On-Call Professional Services Agreement dated January 14, 2026. The Agreement provides for amendments for CONSULTANT to perform specific tasks and services that arise during the term of the agreement. Now, Therefore, CITY and CONSULTANT agree as follows:
This amendment is entered into between the CITY and CONSULTANT for services under the above-mentioned Agreement. The CITY and CONSULTANT'S rights, duties, and obligations hereunder will be performed in accordance with the terms and conditions of the Agreement between CITY and CONSULTANT which is fully incorporated herein by reference.
1. Scope of Services. This Task Order is for Staff Augmentation services at varying levels of skill and expertise, shall be performed by the appropriate BKF Engineers. BKF Engineers shall perform tasks outlined in the attached proposal, Exhibit 1. The primary scope of work is to provide a design for the Walnut Avenue Widening Project.
2. Schedule- The City has assigned the task of Design of the Walnut Avenue Widening Project, to be completed not later than June 30, 2027.
3. Compensation. In consideration for CONSULTANT providing the services listed on this Task Order, the CITY shall compensate CONSULTANT on an hourly not-to-exceed basis per the proposal in Exhibit 1. The CITY shall make payment for services rendered upon approval of the CONSULTANT'S invoices. The Not-to-Exceed amount of this Task Order is $234,216, and shall expire no later than June 30, 2027.
Any services not specifically provided for under Section 1 above shall be Additional Services. Only if mutually agreed to in writing by CITY and CONSULTANT shall CONSULTANT perform such additional services. All other terms of the original Professional Services Agreement remain in full force and effect.
In witness thereof, the parties hereto have accepted, made and executed this amendment upon the terms, conditions and provisions under the Professional Services Agreement dated January 14, 2026.
BKF ENGINERS City of Greenfield
(Consultant) (City)
By: Date: By: Date:
Paul Wood, City Manager
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EXHIBIT 1
BKF PROPOSAL AND FEE
216
iHf1 BKF ENGINEERS
2026 STANDARD SCHEDULE OF FEES ;..-
PROJECT MANAGEMENT ENGINEERING PLANNING
Principal-in-Charge $395.00 Principal Engineer $335.00 Lead Technical Specialist $310.00 Manager V* $345.00 Engineer V $285.00 Technical Specialist IV $275.00 Manager IV* $325.00 Engineer IV $265.00 Technical Specialist Ill $245.00 Manager Ill* $305.00 Engineer Ill $245.00 Technical Specialist II $225.00 Manager II* $285.00 Engineer II $230.00 Technical Specialist I $210.00 Manager I* $265.00 Engineer I $215.00 Planner/Scientist IV $200.00 Project Coordinator II $220.00 Designer IV $195.00 Planner/Scientist Ill $185.00 Project Coordinator I $165.00 Designer Ill $170.00 Planner/Scientist II $165.00 Project Assistant II $140.00 Designer II $150.00 Planner/Scientist I $140.00 Project Assistant I $120.00 Designer I $130.00 Technician/Field Monitor Ill $140.00
GOVERNMENT
SERVICES
City Engineer
$295.00
Deputy City Engineer $250.00 Principal Surveyor $310.00 CONSTRUCTION MANAGEMENT Plan Check Engineer $205.00 Surveyor V $290.00 Principal Construction Manager $375.00 Permit Engineer $195.00 Surveyor IV $265.00 Construction Manager IV $340.00 Senior City Inspector $215.00 Surveyor Ill $245.00 Construction Manager Ill $305.00 City Inspector $200.00 Surveyor II $215.00 Construction Manager II $265.00 Inspector $185.00 Surveyor I $200.00 Construction Manager I $250.00 Stormwater Specialist Ill $250.00 Survey Technician Ill $210.00 Resident Engineer IV $325.00 Stormwater Specialist II $220.00 Survey Technician II $190.00 Resident Engineer Ill $295.00 Stormwater Specialist I $190.00 Survey Technician I $165.00 Resident Engineer II $265.00 Building Official $285.00 Survey Assistant $145.00 Assistant Resident Engineer $230.00 Senior Building Inspector $220.00 Utility Locator IV $245.00 Structure Representative $295.00 Building Inspector $195.00 Utility Locator Ill $195.00 Construction Inspector II $215.00 Grant Writer IV $225.00 Utility Locator II $180.00 Construction Inspector I $200.00 Grant Writer Ill $200.00 Utility Locator I $170.00 TECHNICAL SUPPORT Grant Writer II $180.00 Survey Party Chief $245.00 BIM Specialist $245.00 Grant Writer I $165.00 Survey Chainperson $180.00 Technician Manager $245.00 ADMINISTAA TIVE SUl>PORT Survey Apprentice II $130.00 Technician IV $230.00 DIRECT EXPENSES Use of outside consultants and vendors as well as copies, blueprints, survey stakes, monuments, computer plots, telephone, travel (out of area) and all similar charges directly connected with the work will be charged at cost plusfifteen percent (15%). Mileage will be charged atthe prevailing IRS mileage reimbursement rate.
PREVAILING WAGE RATES Several categories above are used for field work on projects and subject tofederal orstate prevailing wage law and are subject to increases per DIR.
ANNUAL ESCALATION The rates shown are subject to periodic increases, including January 1st of each year.
OVERTIME for non-exempt employees will be charged at 1.5 times the hourly rate shown above; overtime for exempt employees and other classifications will be charged at 1.0 times the hourly rate shown above.
EXPERT WITNESS rates are available upon request.
*MANAGER CLASSIFICATIONS include Program Manager, Project Manager, and Technical Manager.
April 1, 2026
GraphicsNisualization Specialist $165.00 Survey Apprentice I $100.00 Technician Ill $215.00 Office Administrator $100.00 Technician II $200.00
Technician I $185.00
Assistant Designer $115.00 Technician/Field Monitor II $130.00 SURVEYING Technician/Field Monitor I $115.00
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DATE: August 31, 2026
AGENDA DATE: September 8, 2026
TO: Mayor and City Council
PREPARED BY: Jamie Tugel, Public Works Director
Douglas Pike, P.E. City Engineer
TITLE: APPROVE A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GREENFIELD SUPPLMENTALLY APPROPRIATING
$53,386.86 FOR FY 25/26 AND $66,250.00 FOR FY 26/27 FROM
TAMC RESTRICTED FUNDS AND ACCEPTING THE WALNUT
AVENUE PEDESTRIAN AND BIKEWAY IMPROVEMENTS
PROJECT BETWEEN THIRD STREET AND TWELFTH STREET,
COMPLETED BY ANDERSON PACIFIC ENGINEERING
CONSTRUCTION, INC.
BACKGROUND
On October 22, 2024, The City Council approved a resolution awarding a public works construction contract in the amount of $1,034,166.00 to Anderson Pacific Engineering Construction Inc. for the construction of the Walnut Avenue Pedestrian and Bikeway Improvements between Third Street and Twelfth Street.
This project was designed to address pedestrian and bicycle safety and connectivity along Walnut Avenue by completing missing sidewalk segments, improving bicycle facilities, and implementing safety improvements at the U.S 101 on-ramp. The improvements enhance pedestrian accessibility, close existing sidewalk gaps, and improve bicycle connectivity along a key City corridor. Walnut Avenue also serves as a primary pedestrian route for students traveling to Mary Chapa Academy Elementary School and for residents accessing commercial centers west side of U.S. 101.
Construction Dates
218
The City issued the contractor a Notice to Proceed on January 10, 2025, and construction commenced on January 21, 2025. The original contract performance period was 90 working days.
During construction and field verification of existing conditions in May 2025, it was determined that modifications to the barrier rail at the Walnut Avenue/U.S. 101 on-ramp were necessary to accommodate the new sidewalk and guardrail while addressing the existing steep slope within the Caltrans right-of-way. The resulting change order work required additional time to for Caltrans approval and to complete the project and added 239 working days to the contract.
Final Construction Budget Accounting:
The project was completed within the approved and appropriated budget authorized by the Council on October 22, 2024 and March 24, 2026. The total authorized budget for construction and construction management and inspection was $1,313,666.00.
Contractor Construction Costs:
Original Contract Amount: $ 1,034,166.00
Approved Contract Change Orders: $ 159,705.81
Total Final Contract Amount: $ 1,193,871.81
Construction Management and Inspection Costs:
Construction management and inspection services were provided by the City Engineer, BKF Engineers. Prior to the change order work, construction management and inspection costs were estimated at $72,000. Due to the contract extensions associated with the change order work, the final cost for these services was $95,123.68.
The total cost for project construction and construction management and inspection was therefore $1,289,165.49, calculated as follows:
• Final Construction Contract: $1,193,871.81
• Construction Management and Inspection: $95,293.68
• Total Project Cost: $1,289,165.49
The final project cost is within the approved and appropriated budget of $1,313,666.00.
The supplemental appropriations for FY 25/26 and FY 26/27 are to rectify the TAMC budget funds that were not carried over into the appropriate fiscal years through previous supplemental appropriations or the budgetary process.
ACCEPTANCE OF PUBLIC IMPROVEMENTS
The contractor has provided as-built plans for the project. The completed improvements are subject to a one-year maintenance and warranty period commencing upon acceptance of these improvements.
The City Engineer has inspected the completed improvements and is satisfied that the work has been completed in a professional manner and in accordance with the project requirements. Staff recommends that the City Council accept the Walnut Avenue Pedestrian and Bikeway 219
Improvements, and authorize the release of the construction bond(s), as appropriate, and authorize the release of retention and payment of the contractor’s final invoice.
BUDGET AND FINANCIAL IMPACT:
Supplemental Appropriation from Restricted TAMC Revenue Fund, allocated accounts and fiscal years as journal entries below:
FY 25/26
Fund 218 Explanation DEBIT ($) CREDIT ($)
218-390-95600 Transfer out – to fund
390
53,386.86
Fund 390 Explanation DEBIT ($) CREDIT ($)
390-390-83141 Walnut Ave.
Pedestrian and Bicycle
project
53,386.86
390-49600 Transfer in – from
fund 218
53,386.86 53,386.86
FY 26/27
Fund 218 Explanation DEBIT ($) CREDIT ($)
218-390-95600 Transfer out – to fund
390
66,250.00
Fund 390 Explanation DEBIT ($) CREDIT ($)
390-390-83141 Walnut Ave.
Pedestrian and Bicycle
project
66,250.00
390-49600 Transfer in – from
fund 218
66,250.00
The project was funded through the following sources:
Item Budget Funding Source and Notes
Exiting CIP Budget $854,498.00 Includes $590,000 from RSTP Grant CIP Budget Transfer $286,073.36 Transfer of unspent budget funds remaining from the 12th St. CIP Project
(390-390-83146)
Supplemental Appropriation $73,094.64 Appropriate from Traffic Impact Fees TAMC mid-cycle grant $100,000.00 TAMC Grant
Total Construction Budget $1,313,666.00
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The final combined cost of construction and construction management and inspection was $1,289,165.49, resulting in approximately $24,500.41 in remaining budget.
REVIEWED AND RECOMMENDED:
Staff has reviewed the project and recommends acceptance of the completed improvements. The City Manager and Public Works Director recommend that the City Council:
1. Approve supplemental appropriations from the TAMC Restricted Fund as spelled out in the staff report;
2. Accept the Walnut Avenue Pedestrian and Bikeway Improvements Between Third Street and Twelfth Street;
3. Authorize the release of the construction bond(s), as appropriate;
4. Authorize the release of construction retention; and
5. Authorize payment of the contractor’s final invoice.
PROPOSED MOTION
I MOVE TO APPROVE RESOLUTION No. 2026-86, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF GREENFIELD SUPPLMENTALLY APPROPRIATING $53,386.86 FOR FY 25/26 AND $66,250.00 FOR FY 26/27 FROM TAMC RESTRICTED
FUNDS AND ACCEPTING THE WALNUT AVENUE PEDESTRIAN AND BIKEWAY
IMPROVEMENTS PROJECT BETWEEN THIRD STREET AND TWELFTH STREET, COMPLETED BY ANDERSON PACIFIC ENGINEERING CONSTRUCTION, INC. 221
RESOLUTION NO. 2026-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD SUPPLMENTALLY APPROPRIATING $53,386.86 FOR FISCAL YEAR 2025-2026 AND $66,250.00 FOR FISCAL YEAR 2026-2027 FROM TRANSPORATION AGENCY FOR
MONTEREY COUNTY (TAMC) RESTRICTED FUNDS AND ACCEPTING THE
WALNUT AVENUE PEDESTRIAN AND BIKEWAY IMPROVEMENTS PROJECT
BETWEEN THIRD STREET AND TWELFTH STREET, COMPLETED BY ANDERSON PACIFIC ENGINEERING CONSTRUCTION, INC.
WHEREAS, the City of Greenfield has funds budgeted and allocated for the Walnut Avenue Pedestrian and Bikeway Improvements between Third Street and Twelfth Street, Completed By Anderson Pacific Engineering Construction Inc. to be funded by RSTP Grant ($590,000), unspent budget funds remaining from the 12th Street CIP Project ($286,073.36), and a TAMC mid-cycle Grant ($100,000), and the balance from Traffic Impact Fees, and the CIP Budget; and
WHEREAS, the City contracted with Anderson Pacific Engineering Construction Inc. for construction of the Pedestrian and Bikeway Improvements; and WHEREAS, the work was contracted for and completed in compliance with the State Public Contract Code, and the City’s procurement procedures set forth in section 3.12.053 of the municipal code; and
WHEREAS, all work as authorized in the Contract and subsequent change orders was inspected, corrections made as necessary and completed within the requirements of the plans and specifications of the contract; and
WHEREAS, staff requests approval to supplementally appropriate funds from the TAMC Restricted Fund to rectify said funds that were not carried over into the appropriate fiscal years through previous supplemental appropriations or the budgetary process; and WHEREAS, City Staff recommend the City Council accept the improvements constructed by Anderson Pacific Engineering Construction Inc.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Greenfield that:
1. The City Council hereby approves to supplementally appropriate $53,386.86 for FY 25/26 and $66,250.00 for FY 26/27 from TAMC Restricted Funds; and
2. The City Council hereby accepts the improvements constructed by Anderson Pacific Engineering Construction Inc., and
3. The City Manager is authorized to approve the final invoice and release of 5% retention withheld from previous invoices submitted by Anderson Pacific Engineering Construction Inc.; and
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4. The City Manager is authorized to release any portion of the construction bond(s) as appropriate upon satisfaction of the Contractor’s legally responsibility.
PASSED AND ADOPTED by the City Council of the City of Greenfield, at a regularly scheduled meeting of the City Council held on the 8th day of September, 2026, by the following vote:
AYES, and all in favor, therefore, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
_______________________________
Robert White, Mayor
Attest:
___________________________
Ann F. Rathbun, City Clerk
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224
225
226
City of Greenfield
PO Box 127 / 599 El Camino Real
Greenfield, CA 93927
831-674-5591 831-674-3149
www.ci.greenfield.ca.us
March 21, 2022
DATE: August 27, 2026
AGENDA DATE: September 8, 2026
TO: Mayor and City Council
FROM: Jesus Perez, Parks and Recreation Director
TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GREENFIELD AUTHORIZING SUBMITTAL OF AN
APPLICATION TO THE CALIFORNIA STRATEGIC GROWTH
COUNCIL COMMUNITY RESILIENCE CENTERS PROGRAM
ROUND 2 IMPLEMENTATION GRANT FOR THE GREENFIELD
RESILIENCE AND RECREATION PROJECT
BACKGROUND
The California Strategic Growth Council Community Resilience Centers Program Round 2 allocates approximately $55 million to create and upgrade local facilities that serve as physical shelters during climate disasters. The program aims to strengthen community resilience by providing emergency infrastructure, such as cooling zones and clean air spaces, alongside yearround services like food distribution and workforce training.
The core purpose of the grant is to ensure vulnerable, under-resourced, rural, and Tribal populations have equitable access to emergency safety networks and long-term social cohesion.
By supporting both physical infrastructure and local leadership, the program enables neighborhoods to build local self-reliance and recover quickly from environmental crises.
The City of Greenfield will apply for the maximum $10 million in grant funding for our current recreation center and park project. If funded, the project would expand the community-designed recreation center to include a Community Resilience Center with features that strengthen emergency preparedness and response and provide year-round services and programming for the community through a collaborative governance model.
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BUDGET AND FINANCIAL IMPACT
NA: no minimum match requirement of the total project cost.
STAFF RECOMMENDATION
ADOPT RESOLUTION #2026-87 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GREENFIELD AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE
CALIFORNIA STRATEGIC GROWTH COUNCIL COMMUNITY RESILIENCE CENTERS PROGRAM ROUND 2 IMPLEMENTATION GRANT FOR THE
GREENFIELD RESILIENCE AND RECREATION PROJECT, AND AUTHORIZING
ACCEPTANCE OF AN AWARD AND COMMITMENT TO ALL PROGRAM
REQUIREMENTS IF FUNDED
228
RESOLUTION NO. 2026-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD
AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA
STRATEGIC GROWTH COUNCIL COMMUNITY RESILIENCE CENTERS PROGRAM ROUND 2 IMPLEMENTATION GRANT FOR THE GREENFIELD RESILIENCE AND
RECREATION PROJECT, AND AUTHORIZING ACCEPTANCE OF AN AWARD AND
COMMITMENT TO ALL PROGRAM REQUIREMENTS IF FUNDED
WHEREAS, the California voters approved the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024, commonly known as the Climate Bond or Proposition 4, which provides funding for community resilience investments; and WHEREAS, the California Strategic Growth Council (SGC) administers the Community Resilience Centers (CRC) Program and, by Notice of Funding Availability dated May 29, 2026, announced the availability of approximately $55 million for Round 2 of the CRC Program, of which approximately $50 million is available for Implementation Grant awards ranging from $1 million to $10 million each, with Implementation Grant applications closing September 25, 2026; and WHEREAS, the CRC Program funds neighborhood level resilience centers that provide shelter and resources during climate and other emergencies and that offer year-round services and ongoing programming to the surrounding community; and
WHEREAS, the City of Greenfield is an eligible Lead Applicant under Section 3.1 of the CRC Round 2 Final Guidelines adopted April 29, 2026; and
WHEREAS, the City owns the real property located at Apple Avenue and 12th Street, Greenfield, California, Assessor's Parcel Number 109-232-006, acquired by Grant Deed recorded March 7, 2024, as Instrument No. 2024007809 in the Official Records of Monterey County, which is the proposed site of the Greenfield Resilience and Recreation Project, also known as the Community Park and Recreation Center Project [the Project]; and
WHEREAS, the City proposes to develop the site with a Community Resilience Center, including a recreation center with a gymnasium capable of activation as an emergency cooling and clean air refuge, together with related capital improvements, campus amenities, programs, and services; and
WHEREAS, the proposed CRC Facility is located within a disadvantaged community as identified by the Climate Bond Mapping Tool, and the project is intended to provide meaningful and direct benefits to residents of Census Tracts 06053011204 and 06053011202; and WHEREAS, Section 5.4 of the CRC Round 2 Final Guidelines requires that a CRC Facility remain dedicated to serve as a Community Resilience Center for a minimum of 15 years after project implementation is complete, and further requires the Lead Grantee to provide a recorded deed restriction, a Memorandum of Unrecorded Grant Agreement, or a Notice of Unrecorded Grant Agreement for each site acquired or improved with CRC funding by the end of the second year of the grant term; and
WHEREAS, Section 7.5 of the CRC Round 2 Final Guidelines requires the Lead Applicant and at least two Partners to sign a Collaborative Governance Agreement Worksheet at the time of 229
application, and requires awarded applicants to execute a full Collaborative Governance Agreement during the Pre-Development Phase; and
WHEREAS, the City Council finds that the Project will reduce heat related health risks, expand access to recreation and cooling resources for residents who currently have none within walking or rolling distance, and advance the long-term resilience of the Greenfield community; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Greenfield hereby:
1. Approves and authorizes the submittal of an application to the California Strategic Growth Council for a Community Resilience Centers Program Round 2 Implementation Grant for the Greenfield Community Park and Recreation Center Project in an amount not to exceed $10 million and authorizes the acceptance of any grant award made pursuant to that application.
2. Certifies that the City has reviewed, understands, and agrees to the Community Resilience Centers Round 2 Final Guidelines dated April 29, 2026, the Notice of Funding Availability dated May 29, 2026, and the terms and conditions of the Grant Agreement to be entered into with the California Strategic Growth Council, and agrees to comply with all applicable program requirements.
3. Commits to the dedicated use of the CRC Facility as a community serving Community Resilience Center for a minimum of 15 years after project implementation is complete and further commits that the facility will be open and accessible to the public and will offer programs and services year-round.
4. Authorizes the City Manager, or the City Manager's designee, to execute and cause to be recorded a deed restriction, a Memorandum of Unrecorded Grant Agreement, or a Notice of Unrecorded Grant Agreement encumbering Assessor's Parcel Number 109-232-006, or such other affected parcels, as required by the Community Resilience Centers Program to evidence the 15-year dedicated use commitment, subject to review and approval by the City Attorney.
5. Authorizes the City Manager, or the City Manager's designee, to negotiate, execute, and submit a Collaborative Governance Agreement Worksheet, a Collaborative Governance Agreement, Letters of Commitment, Memoranda of Understanding, subrecipient or partnership agreements, and any other instruments necessary to establish and maintain the Collaborative Governance Structure required by the Community Resilience Centers Program, subject to review and approval by the City Attorney.
6. Certifies that the environmental review required by the California Environmental Quality Act for the Project has been completed, as evidenced by Resolution No. 2021-79 and the Notice of Determination filed October 27, 2021, and directs staff to provide such documentation as the California Strategic Growth Council may require.
7. Certifies that the City has or will secure sufficient leverage funding, together with the requested grant funds, to complete the project, and commits to closing any remaining funding gap consistent with the requirements of the CRC Program.
8. Commits to the long-term operation and maintenance of the CRC Facility and campus amenities beyond the grant term.
230
9. Agrees to comply with State prevailing wage law as set forth in Labor Code section 1720 et seq., and with all other applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines.
10. Appoints the City Manager as agent of the City to conduct all negotiations and to execute and submit all documents that may be necessary for the completion of the aforementioned project and the administration of any grant awarded.
PASSED AND ADOPTED by the City Council of the City of Greenfield at a regularly scheduled meeting held on the 8th day of September, 2026, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
____________________________________
Robert White, Mayor, City of Greenfield
Attest:
______________________________________
Ann F. Rathbun, City Clerk, City of Greenfield
APPROVED AS TO FORM:
____________________________________
City Attorney, City of Greenfield
231
DATE: September 1, 2026
AGENDA DATE: September 8, 2026
TO: Mayor and City Council
PREPARED BY: Ann F. Rathbun, CMC, City Clerk
TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GREENFIELD APPOINTING THE VOTING
DELEGATE AND ALTERNATE TO THE LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE
BACKGROUND:
The League’s 2026 Annual Conference is scheduled for September 23-25, 2026 in Anaheim. An important part of the Annual Conference is the Annual Business Meeting on Friday, September 25, 2026 at the Anaheim Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy.
In order to vote at the Annual Business Meeting, the City Council must designate a voting delegate as well as an alternate delegate in the event that the designated voting delegate is unable to serve in that capacity.
RECOMMENDATION ACTION:
STAFF RECOMMENDS THAT THE CITY COUNCIL APPOINT THE VOTING DELEGATE AND ALTERNATE DELEGATE FOR THE 2026 LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE AND ADOPT RESOLUTION #2026-88, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GREENFIELD APPOINTING THE VOTING DELEGATE AND ALTERNATE TO THE
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE
City Council Memorandum
599 El Camino Real Greenfield CA 93937 831-674-5591
232
RESOLUTION #2026-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD
APPOINTING THE VOTING DELEGATE AND ALTERNATE TO THE
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE
WHEREAS, the League of California Cities Annual Conference is September 23-25, 2026; and
WHEREAS, it is an important part of the Annual Conference to attend the Annual Business Meeting scheduled for Friday, September 25, 2026 at the Anaheim Convention Center in Anaheim, California, and have a designated voting delegate.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Greenfield hereby appoints ____________, as the designated voting delegate and _______________, the alternate voting delegates to the 2026 League of California Cities Annual Conference.
PASSED AND ADOPTED by the City Council of the City of Greenfield at a regular meeting duly held on the 8th day of September 2026 by following vote:
AYES, and all in favor, thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
_____________________
Robert White, Mayor
Attest:
______________________
Ann F. Rathbun, City Clerk
233
MEMORANDUM: September 3, 2026
AGENDA DATE: September 8, 2026
TO: Mayor and City Council
FROM: Paul Wood, CPA – City Manager
TITLE: A RESOLUTION OF THE CITY OF GREENFIELD APPROVING
AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES
WITH LOZANO SMITH, LLP AND REVISED CITY ATTORNEY
RATES
BACKGROUND
The City of Greenfield contracts with Lozano Smith, LLP for City Attorney and related municipal legal services. The City Attorney provides general counsel to the City Council, City Manager, City departments, Planning Commission, and other City boards and bodies. Services include attendance at public meetings, preparation and review of ordinances, resolutions and contracts, advice regarding municipal law and City operations, and representation of the City in litigation and other specialized legal matters.
Lozano Smith has submitted a new Agreement for Professional Legal Services that would become effective August 1, 2026. The proposed agreement establishes revised hourly billing rates for both general and special legal services and provides a schedule for future rate adjustments.
DISCUSSION
Under the proposed agreement, legal services are divided into two primary categories: General Legal Services and Special Legal Services.
City Council Memorandum
599 El Camino Real Greenfield CA 93927 (831) 674-5591
www.ci.greenfield.ca.us
234
General Legal Services include routine municipal legal services such as advising the City Council, commissions and City officials; attending City Council and Planning Commission meetings; providing legal advice to the City Manager; preparing and reviewing ordinances, resolutions and contracts; advising the City regarding changes in state and federal law; and providing routine legal assistance regarding land use, property acquisition, public improvements and related matters.
Special Legal Services include personnel and labor relations matters, administrative hearings and arbitrations, litigation, successor agency matters, specialized finance matters, code enforcement, complex land use and CEQA matters, water law, major contract negotiations, and other matters requiring specialized expertise.
The proposed hourly rate schedule is as follows:
Service Effective 8/1/26 Beginning 7/1/27 Beginning 7/1/28 General Legal – Attorney $250/hr $275/hr $300/hr
General Legal – Law Clerk/Paralegal $200/hr $210/hr $225/hr Special Legal – Attorney $285/hr $305/hr $335/hr
Special Legal – Law Clerk/Paralegal $225/hr $230/hr $245/hr Beginning July 1, 2029, and each July 1 thereafter, each rate category would increase by 4% annually, rounded to the nearest whole dollar.
The agreement also provides that certain costs will continue to be billed separately, including copying at $0.25 per page, postage at actual cost, legal research at cost, and mileage at the IRS standard rate. Other necessary costs, such as messenger services, meals and lodging, may be charged based upon actual costs.
The proposed agreement continues the City's ability to manage its legal expenditures. Legal services may only be authorized by the City Council or City Manager, and the City Attorney is required to manage the delivery of legal services in a competent, professional and cost-effective manner. Monthly invoices are also required to identify the attorney performing the work, hours worked, applicable hourly rate, a description of the work performed, and costs charged.
Staff recommends approval of the revised agreement to maintain continuity of legal representation and provide the City with ongoing access to municipal and specialized legal expertise. The agreement remains terminable by the City at any time, while Lozano Smith may withdraw from representation upon at least 30 days' written notice, subject to applicable law and professional conduct requirements.
FISCAL/FINANCIAL IMPACT
Approval of the agreement will increase the City's cost for legal services based upon the number and type of legal service hours utilized.
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Beginning August 1, 2026, the City will be charged $250 per hour for general attorney services and $285 per hour for special attorney services. These rates increase to $275 and $305, respectively, on July 1, 2027, and to $300 and $335 on July 1, 2028. Beginning July 1, 2029, all rate categories will increase by 4% annually.
Actual annual expenditures will depend upon the City's legal needs, including the volume of general municipal work, labor and employment matters, land use and development matters, litigation, and other specialized legal services.
Staff will monitor legal expenditures within the adopted budget and return to the City Council if additional appropriations become necessary.
CONCLUSION
Lozano Smith provides the City with general municipal counsel as well as specialized legal services in areas including labor and employment, litigation, land use, CEQA, code enforcement, water law, and complex contract negotiations. The proposed agreement establishes the City's legal-service rates through June 30, 2029, followed by annual 4% adjustments beginning July 1, 2029.
Staff recommends that the City Council approve the Agreement for Professional Legal Services with Lozano Smith, LLP, effective August 1, 2026, and authorize the City Manager to execute the agreement.
RECOMMENDATION
Staff recommend that the City Council approve this agreement. The language of the motion might be as follows:
I MOVE TO APPROVE/DENY RESOLUTION #2026-89, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF GREENFIELD APPROVING AN AGREEMENT
FOR PROFESSIONAL LEGAL SERVICES WITH LOZANO SMITH, LLP, FOR CITY
ATTORNEY AND RELATED LEGAL SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT EFFECTIVE AUGUST 1, 2026, 236
RESOLUTION NO. 2026-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD
APPROVING AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH
LOZANO SMITH, LLP FOR CITY ATTORNEY AND RELATED LEGAL
SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT
WHEREAS, the City of Greenfield (“City”) requires professional legal services to advise and represent the City Council, City Manager, City departments, commissions, boards, and other City bodies in matters relating to municipal government and City operations; and WHEREAS, the City has utilized Lozano Smith, LLP to provide City Attorney and related professional legal services; and
WHEREAS, Lozano Smith, LLP provides a broad range of municipal legal services to the City, including general municipal law, preparation and review of ordinances, resolutions and contracts, land use, labor and employment, litigation, code enforcement, water law, finance, and other specialized legal matters; and
WHEREAS, the City and Lozano Smith, LLP desire to enter into a new Agreement for Professional Legal Services, effective August 1, 2026, which establishes the scope of services, responsibilities of the parties, billing practices, and compensation for legal services; and WHEREAS, pursuant to the proposed Agreement, effective August 1, 2026, the hourly rates for General Legal Services will be $250 per hour for attorneys and $200 per hour for law clerks/paralegals, and the hourly rates for Special Legal Services will be $285 per hour for attorneys and $225 per hour for law clerks/paralegals; and
WHEREAS, beginning July 1, 2027, the hourly rates will increase to $275 per hour for attorneys and $210 per hour for law clerks/paralegals for General Legal Services, and $305 per hour for attorneys and $230 per hour for law clerks/paralegals for Special Legal Services; and WHEREAS, beginning July 1, 2028, the hourly rates will increase to $300 per hour for attorneys and $225 per hour for law clerks/paralegals for General Legal Services, and $335 per hour for attorneys and $245 per hour for law clerks/paralegals for Special Legal Services; and WHEREAS, beginning July 1, 2029, and annually each July 1 thereafter, each rate category will increase by four percent (4%), rounded to the nearest whole dollar; and WHEREAS, the Agreement provides that legal services may be authorized only by the City Council or City Manager and requires the City Attorney to manage and control the delivery of legal services in a competent, professional, and cost-effective manner; and WHEREAS, the Agreement will continue in effect until terminated, with the City retaining the right to discharge the Attorney at any time and the Attorney permitted to withdraw upon at least thirty (30) days' written notice, subject to applicable law and the Rules of Professional Conduct; and 237
WHEREAS, the new Agreement supersedes all prior agreements and amendments between the City and Lozano Smith, LLP for legal services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Greenfield as follows:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council hereby approves the Agreement for Professional Legal Services between the City of Greenfield and Lozano Smith, LLP, effective August 1, 2026, substantially in the form presented to the City Council and attached hereto as Exhibit “A.” SECTION 3. The City Council hereby approves the hourly billing rates and scheduled rate adjustments contained in the Agreement, including the four percent (4%) annual adjustment beginning July 1, 2029.
SECTION 4. The City Manager is hereby authorized and directed to execute the Agreement on behalf of the City and to take such other administrative actions as may be reasonably necessary to implement the Agreement.
SECTION 5. Expenditures pursuant to the Agreement shall be charged to the appropriate City accounts and shall remain subject to funds appropriated through the City's adopted budget and any subsequent budget amendments approved by the City Council.
SECTION 6. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Greenfield at a regular meeting held on the 8th day of September 2026, by the following vote:
AYES, and all in favor, thereof, Councilmembers:
NOES, Councilmembers:
ABSTAIN, Councilmembers:
ABSENT, Councilmembers:
__________________________
Robert White, Mayor
Attest:
________________________
Ann F. Rathbun, City Clerk
APPROVED AS TO FORM:
________________________
LOZANO SMITH, LLP
City Attorney
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1 CITY OF GREENFIELD
AGREEMENT FOR
PROFESSIONAL LEGAL SERVICES
AS CITY ATTORNEY
THIS AGREEMENT is made and entered into as of August 1, 2026, between the CITY OF GREENFIELD, a municipal corporation (hereinafter referred to as “City”) and LOZANO SMITH, a limited liability partnership (hereinafter referred to as "Attorney"). The term "City" shall also include all boards, commissions, and other bodies of the City.
1. SCOPE OF WORK AND DUTIES
The City Council hires Lozano Smith to provide City Attorney legal services and render such legal services as are customarily rendered by a City Attorney, including attending meetings of the City Council, Planning Commission, and other boards and bodies of the City, and its affiliated agencies, as directed by the City. Representation shall include, but not necessarily be limited to, drafting and reviewing ordinances, resolutions and City agreements, and consulting with and advising City staff on legal issues that arise within their areas of operation, and generally advising the City Council and City staff concerning the legal affairs of the City.
Attorney, as a full-service law firm, is prepared to, and will, provide representation to City in all of its legal affairs, including, but not limited to, municipal law, tort defense, labor representation, criminal prosecution, redevelopment dissolution, land use, finance, franchising, contract representation and other matters, except where conflicts exist or where the City Council may otherwise direct. Attorney shall represent the City in initiating and defending all litigation unless otherwise directed by the City Council.
All of these duties shall be performed, as directed by the City Council, and Attorney will keep the City Council and the City Manager informed as to the progress and status of all pending matters. All legal services can be authorized only by the City Council or the City Manager.
Attorney will manage and control the delivery of legal services in a competent, professional, and cost-effective manner. Where appropriate, Attorney may from time to time recommend the use of special counsel. In that event, Attorney shall coordinate the work of special counsel.
Notwithstanding the foregoing, it is expressly understood that Attorney shall not be responsible for any pending litigation matter(s) until Attorney has specifically appeared in the matter as attorneys of record on behalf of City.
The scope of work and duties under this Agreement shall not include representation of the City as Bond Counsel. In the event City desires that Attorney act as Bond Counsel, and Attorney so agrees, City and Attorney shall enter into a separate Bond Counsel Agreement setting forth Attorney’s duties and compensation for such Bond Counsel services. City and Attorney may agree that such compensation shall be on a contingent fee basis.
EXHIBIT "A"
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2 2. CITY DUTIES
City agrees to provide such information, assistance, cooperation, and access to books, records, and other information, as is necessary for Attorney to effectively render its professional services under this Agreement. City further agrees to abide by this Agreement, and to pay in a timely manner for Attorney’s bills for fees, costs, and expenses.
3. LEGAL FEES, BILLING PRACTICES, AND PERSONNEL
City shall compensate Attorney for legal services provided within the scope of work and duties as follows:
Effective - 08/01/2026 Beginning 07/01/2027 Beginning 07/01/2028 General Legal Services Attorneys $250 per hour
Law Clerk/Paralegal $200 per hour
Attorneys $275 per hour
Law Clerk/Paralegal $210 per hour
Attorneys $300 per hour
Law Clerk/Paralegal $225 per hour
Special Legal Services
including Ligitation
Attorneys $285 per hour
Law Clerk/Paralegal $225 per hour
Attorneys $305 per hour
Law Clerk/Paralegal $230 per hour
Attorneys $335 per hour
Law Clerk/Paralegal $245 per hour
In-office copying/electron
communication printing
$ 0.25 per page
Facsimile No Charge
Postage Actual Usage
Legal Research At Cost
Mileage IRS Standard Rate
Beginning 07/01/2029 and annually each July 1 thereafter each rate category shall increase by
4.0% rounded to the nearest whole dollar.
Other costs, such as messenger, meals, and lodging shall be charged on an actual and necessary basis.
• General Legal Services
o Advise the City Council, Commissions, and City officials on legal matters pertaining to municipal government, including the Brown Act and parliamentary procedures for running meetings.
o Attend all City Council and Planning meetings, and other meetings as requested.
o On a monthly basis, provide a written status report of assigned projects, requests and litigation in order to keep the City Council informed of important legal issues and to facilitate the City Council's periodic evaluation of the City Attorney.
o Provide legal advice as requested by the City Manager. o Provide and/or review all ordinances, resolutions, municipal contracts, joint powers agreements, and other agreements and contracts entered into by the City.
o Alert the City in a timely manner on new State or Federal legislation or judicial decisions that may impact the City and propose appropriate action(s) to assure compliance.
o Routine legal work pertaining to land use issues pertaining to property acquisitions, property disposals, public improvements and easements. 240
3 o Attend staff meetings at the request of the City Manager and provide designated office hours or times of availability at City Hall as requested by the City.
o Promptly respond to calls, e-mails, and correspondence from the City Council, City Manager, and staff.
o Review current documents, policies, and forms to ensure compliance to current laws.
o General inquiries and discussion without the need for substantive research or formal opinion letters.
o Provide up-to-date information on water law, utilities, rates, and distribution issues.
• Special Legal Services
o Guidance on personnel, labor relations, and employment matters and related hearings, including PERB hearings, arbitrations, fact-finding hearings, disciplinary hearings and grievances hearings.
o All litigation matters.
o Successor agency matters.
o Bond counsel and specialized finance or tax services. o Enforce City codes, zoning regulations and building standards through administrative and judicial actions. Commence and prosecute criminal actions necessary to enforce municipal ordinances.
o Coordinate and monitor the work of special legal counsel as needed and directed by the City Council or City Manager, including matters covered by the City's participation in the California Joint Powers Insurance Authority. o Complex land use, land acquisition, CEQA, and environmental matters. o Water law matters including rates distribution, environmental and procedural issues.
o Major contract negotiations.
o Other matters requiring special expertise and mutual agreed upon with the City.
In addition to paying legal fees, City shall reimburse Attorney for customary and reasonable costs and expenses incurred by Attorney in the course of providing legal services to City. Costs will include, but are not limited to, all third party expenses, mileage for travel, duplicating, long distance telephone, postage charges, delivery charges, computerized legal research, facsimile charges, and filing fees. Attorney shall not, however, charge City for mileage to and from its offices to City.
Attorney shall render to City a statement for fees for services and costs incurred every calendar month. City shall pay Attorney’s statement within thirty (30) days after issuance of each statement. Each statement shall clearly indicate the basis of the fees, including the working attorney, hours worked, hourly rate (or flat meeting rate) and a brief description of the work performed, and a description of costs charged.
The City Attorney will exercise discretion to use whichever attorneys, paralegals and staff that he determines best suited to the rendering of legal services in a competent and economically efficient manner.
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4 4. THIRD PARTY COSTS AND EXPENSES
Attorney may determine it necessary or appropriate to use one or more outside investigators, consultants, or experts in rendering the legal services required (particularly if a matter goes into litigation). Upon advance City Manager approval and proper documentation, City shall pay directly or reimburse Attorney for directly incurred out-of-pocket disbursements, costs, and expenses of providing said services.
5. INDEPENDENT CONTRACTOR/LAWFUL PERFORMANCE
Attorney shall perform all legal services required under this Agreement as an independent contractor. Attorney shall fully comply with the provisions of law regarding performance of this Agreement, including but not limited to, laws regarding licensure, professional canons of ethics and conflict of interest statutes, rules and regulations. Attorney must certify and comply with the following: (1) that Attorney has no ethical or legal conflicts which would in general disqualify Attorney from representing the City; (2) that Attorney will refrain from initiating any legal action against City (or their respective officers, agents and employees in their official capacity as such) by way of complaint or cross-complaint during the term of this Agreement or any services rendered pursuant thereto, whichever later occurs; and (3) that Attorney will promptly disclose upon knowledge or discovery of any specific facts which would or could potentially disqualify Attorney from representing City pursuant to this Agreement.
6. HOLD HARMLESS
Attorney agrees to protect indemnify and save harmless against all claims, demands and causes of action by Attorney’s employees or third parties on account of personal injuries or death or on account of property damages arising out of the work to be performed by Attorney hereunder and resulting from the negligent acts or omissions of Attorney, Attorney’s agents, employees or subcontractors.
7. INSURANCE
Attorney shall procure and maintain, at his sole cost and expense, comprehensive general liability and property damage insurance, including automobile and excess liability insurance, and professional liability insurance against all claims for injuries against persons or damages to property resulting from Attorney’s negligent acts or omissions rising out of or related to Attorney’s performance under this Agreement. The minimum amount of such insurance shall be $1,000,000. Attorney shall also carry Workers’ Compensation Insurance in accordance with applicable laws of the State of California. Such coverage shall be maintained in effect during the term of this Agreement and shall not be subject to reduction in coverage below the limits established, nor shall the insurance be canceled or terminated without thirty (30) days, prior written notice to the City. A certificate evidencing the foregoing, and naming the City as an additional insured, shall be delivered to and approved by the City prior to commencement of services pursuant to this Agreement.
8. TERM, DISCHARGE, AND WITHDRAWAL
This Agreement shall continue in effect until terminated by discharge or withdrawal. City may discharge Attorney at any time. Attorney may withdraw from City’s representation at 242
5 any time, to the extent permitted by law, and the rules of Professional Conduct, upon at least thirty (30) days written notice. Upon notice of discharge or withdrawal, Attorney shall deliver all documents and records of the City to the City and assist to the fullest extent possible in the orderly transition of all pending matters to City’s new counsel.
9. NOTICE
Any notice required by law or by this Agreement shall be deemed delivered upon personal delivery or when deposited in the United States Mail, postage prepaid, and addressed as described below or to any subsequently noticed change or address, whichever applies:
City Council Executive Director
CITY OF GREENFIELD LOZANO SMITH
599 El Camino Real 7404 North Spalding Avenue
Greenfield, CA 93927 Fresno, CA 93720
10. EFFECTIVE DATE
This Agreement shall be effective August 1, 2026.
11. ASSIGNMENT
This Agreement shall not be assigned by Attorney without prior written consent of the City.
12. CONSENT TO ELECTRONIC COMMUNICATIONS
In order to maximize efficiency, Attorney intends to use technology to facilitate its representation of City. Such technology may include, but is not limited to, email, document transfers by computer, cellular telephones, and use of mobile computing devices. The use of such technology may place City confidences and privileges at risk. While Attorney has reasonable safeguards in place to guard against any breach of confidentiality, Attorney cannot guarantee that such information will not be accessed by persons not entitled to access such information and there is a risk of accidental disclosure. Knowing the foregoing, City nevertheless consents to the use of technology.
13. SUPERSESSION
This Agreement supersedes any and all prior agreements or amendments thereto entered into for legal services between City and Attorney.
CITY
CITY OF GREENFIELD
By:
Date: ____________________________
ATTORNEY
LOZANO SMITH, LLP
By:
Karen M. Rezendes, Managing Partner
Date: ____________________________ June 29, 2026
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MEMORANDUM: September 3, 2026
AGENDA DATE: September 8, 2026
TO: Mayor and City Council
FROM: Paul Wood, CPA – City Manager
TITLE: A DISCUSSION OF A CITYWIDE BANNER DISPLAY POLICY
AND PROGRAM
BACKGROUND
The City currently sponsors the raising of banners in the public right-of-way for the annual Harvest Festival in October, winter holidays, and Independence Day. The City also allows the South Monterey County Joint Union High School District (Greenfield High School) to display photographs and names of graduating seniors in May and June, and permits the local American Legion post to display veteran banners during the weeks surrounding Memorial Day and Veterans Day. The graduation and Memorial Day programs overlap during late May, and the Veterans Day, Harvest Festival, and winter holiday programs create a compressed fall changeout schedule.
The absence of a comprehensive policy guiding these banner-raising makes it difficult to allocate limited pole space, forecast labor and equipment costs, apply consistent design and eligibility standards, address controversial or inaccurate individual-honoree submissions, and distinguish civic sponsorship from commercial advertising. City staff would like to discuss the issues and get direction from the City Council as to how to move forward with standardizing the banner program via a banner policy. The proposed policy should preserve successful existing programs while establishing a predictable structure for new community initiatives.
City Council Memorandum
599 El Camino Real Greenfield CA 93927 (831) 674-5591
www.ci.greenfield.ca.us
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DISCUSSION
Purpose and findings
Banner locations are scarce City assets intended to advance identified civic purposes: community identity, civic events, education, public service, historical or cultural recognition, youth achievement, military service, and seasonal observances. Findings should recognize traffic safety, structural capacity, staff workload, visual coherence, and the need to avoid public subsidy of private programs.
This discussion is intended to provide guidance to staff and the public in the following areas:
Program ownership and decision authority
The City Council is the policy-making body, the City Manager or designee is the program administrator, and Public Works is the exclusive installer. Currently, the City reserves final authority over themes, text, images, design, selection, location, duration, and removal.
Eligible applicants and sponsorship
A proper policy might allow banner raising by public agencies, schools, qualifying nonprofit or civic organizations, and businesses sponsoring an approved civic program. A business sponsor may receive restrained acknowledgment—such as a name or logo in a prescribed size and location—but the banner’s dominant purpose must remain civic. Prohibit prices, product claims, calls to purchase, contact solicitations, QR codes, and other commercial advertising. Sponsorship should never confer message-selection rights inconsistent with the chosen legal model.
Content and design standards
• Standard dimensions, double-sided construction, wind slits if required, approved fabrics, colorfast inks, minimum type size, maximum text, photograph resolution, and compatible mounting hardware;
• No traffic-control symbols, misleading directional information, flashing or reflective elements, attachments, or designs that impair driver or pedestrian visibility; • No campaign advocacy, candidate promotion, ballot-measure advocacy, commercial advertising, obscenity, unlawful threats, defamation, copyright or trademark infringement, or content that falsely implies endorsement by a person or organization; • A uniform sponsor-recognition treatment, if allowed, that is subordinate to the civic message; and • A City identification mark and program statement appropriate to the selected legal model.
Individual-honoree programs
Programs displaying names or photographs of individuals require particular care because a banner can reasonably be perceived as an honor, not merely a factual directory. The policy should define what the recognition means and establish criteria before applications are submitted. Staff recommends the following safeguards:
• Written eligibility tied to the program’s purpose—for example, verified graduation status or qualifying military service—rather than open-ended judgments about whether a person is ‘worthy’;
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• Written consent from a living honoree, or authorization from a legally appropriate family representative for a deceased honoree, together with permission to use the submitted name and image;
• A sponsor certification that all information is accurate, that the sponsor holds necessary image rights, and that required disclosures have been made;
• Any disqualification standard must be specific, prospectively adopted, reasonably related to the honor being conferred, and reviewed by the City Attorney. Council should avoid ad hoc background screening or a vague ‘good character’ test;
• Authority to delay or remove a banner for materially false eligibility information, lack of consent, legal violation, imminent safety concern, or failure to satisfy an expressly adopted criterion; • Notice to the applicant, a short opportunity to provide correcting information, written reasons for denial or removal, and prompt administrative reconsideration by the City Manager or a designated hearing officer; and
• A clear statement that sponsor fees purchase program costs, not a guaranteed display right, and that the City may relocate or temporarily remove banners for emergencies, construction, safety, or overriding municipal needs.
If Council wants the City to exclude honorees based on specified criminal convictions or registration status, that direction should be stated expressly and referred to the City Attorney to develop narrow, legally defensible criteria. The criteria should address whether they apply to all recognition programs or only a particular honor, what records may be used, who verifies them, whether time limits or rehabilitation matter, and what process is afforded before denial or removal.
Capacity, priority, and conflict resolution
A complete inventory of every eligible pole should be made and assigned a numbered location and one of several zones. We should reserve a minimum number of locations for City emergency or public-service use. We should publish an annual calendar and application deadlines. When requests compete, use a priority sequence rather than informal negotiation:
• Emergency and time-sensitive public safety messages;
• City-sponsored programs and recurring civic events;
• Programs required or approved through an existing intergovernmental agreement; • Recurring community programs in good standing; and
• New eligible programs, allocated by a published rotation or lottery when capacity is insufficient.
No applicant should obtain a permanent entitlement or automatic annual renewal. Council may protect continuity by giving successful recurring programs an application window, but all displays remain subject to capacity, payment, safety, and the adopted annual calendar.
Application, approval, and appeal
Require applications six to nine months before display, with final artwork and payment due at least 60 days before installation. The application should identify the applicant, civic purpose, requested dates, number of banners, honorees if any, sponsor acknowledgments, rights clearances, and a responsible contact. Staff should issue a written approval, conditional approval, or denial by a fixed deadline. A short-written reconsideration process should be completed 246
before fabrication whenever possible. Council should not hear routine design or eligibility appeals unless it deliberately chooses that role.
Ownership, storage, and disposition
Specify whether banners become City property upon acceptance or remain sponsor property placed in City custody. Full cost recovery should include labeling, inventory, storage, inspection, and disposal. Establish a useful-life standard and authorize disposal of unsafe, faded, obsolete, or unclaimed banners after notice. The City should not guarantee against fading, theft, vandalism, weather, or incidental damage.
3. Funding and Fee Structure
Outside programs should pay full cost before fabrication or installation. The fee should be established by Council resolution and updated periodically based on the City’s adopted fully burdened labor and equipment rates. City-sponsored banners should be budgeted in the responsible department or event budget so their true cost remains visible.
Cost component Recommended treatment
Application and design review Flat administrative fee based on average staff time; nonrefundable after review begins.
Fabrication and replacement Paid directly by sponsor to an approved vendor or deposited with the City; includes proofs, shipping, and replacement stock.
Installation and removal Actual or scheduled-zone fee using fully burdened Public Works labor, vehicle, lift/equipment, traffic control, and supervision costs.
Storage and inventory Annual per-banner or per-program fee covering labeling, inspection, storage space, and records.
Repairs and emergency callouts Deposit or actual-cost reimbursement; emergency removal may be charged to the sponsor unless caused solely by City operations.
Contingency A reasonable percentage or minimum deposit for damaged hardware, repeat mobilization, or vendor price changes; reconcile after completion.
Recommended fee formula: Total program charge = administrative review + fabrication/replacement + (crew hours × fully burdened hourly rate) + equipment/vehicle rate + traffic-control cost + storage/inventory + contingency. Shared mobilization costs may be allocated among concurrent programs by banner count, pole count, crew time, or another consistently applied cost driver.
Any waiver or subsidy should require an express Council-approved public-purpose finding and an identified budget appropriation. Full cost recovery reduces gift-of-public-funds concerns, avoids an implicit subsidy for private recognition or promotion, and prevents the General Fund from absorbing a growing program without Council review.
4. Risk and Liability Controls
Risk Policy and administrative control
Physical injury/property
damage
City installation only; engineered/approved hardware; pole-owner authorization; wind-load and clearance standards; scheduled inspections; immediate-removal authority; traffic control and trained crews.
Indemnity/insurance
Sponsor agreement with defense and indemnity provisions to the extent permitted by law; insurance requirements calibrated to risk; additional-insured endorsement when appropriate. Do not treat these terms as substitutes for safe City operations.
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Risk Policy and administrative control
Privacy/publicity rights Written consent and image authorization; special process for minors; limited retention of personal information; no publication of unnecessary sensitive data.
Intellectual property Sponsor warranties and licenses for names, photographs, logos, artwork, trademarks, and fonts; right to reject unverified submissions.
Defamation/false information Factual verification, sponsor certification, correction/removal procedure, and no unsubstantiated accusations or claims.
Election law/public resources Prohibit candidate and ballot advocacy; review issue-related governmental communications during election periods; separate neutral civic information from campaign activity.
Employment and operations Public Works work plans, lift and traffic-control protocols, weather limits, two-person operations where required, and documented inspection/removal logs.
Asset and financial risk Deposits, advance payment, cancellation deadlines, no guaranteed duration, damage allocation, inventory controls, and annual fee updates.
Reputational/equity concerns Published purposes and criteria, consistent treatment, accessible application materials, sponsor rotation when space is limited, written reasons, and periodic Council review.
5. Proposed Consolidated Annual Calendar
The following calendar uses predetermined zones so overlapping programs can be installed during the same mobilization. Dates are planning targets; staff should publish exact dates annually after considering the school calendar, event dates, weather, staffing, and pole capacity.
Mobilization Target window Display installed or removed Operating approach 1 — Spring
installation Late April
Graduating seniors in the Education/Youth Zone;
Memorial Day veteran banners in the
Civic/Heritage Zone
Install both sets in one operation. Maintain through
approximately June 15. Predetermined pole
allocations resolve the May conflict.
2 — Summer
change-out June 16–25 Remove spring recognition banners; install Independence Day / summer civic banners Keep summer patriotic banners through August to
avoid a separate post-July removal trip.
3 — Harvest
change-out
Late August / early
September
Remove summer banners; install Harvest Festival
banners
Maintain through October 31 or the first safe workday
thereafter.
4 — Fall/winter
change-out
Late October /
early November
Install Veterans Day banners in the Civic/Heritage
Zone and winter holiday banners in the Seasonal
Zone
Install concurrent sets. If desired, remove the Veterans subset after November using a small partial crew or a
scheduled maintenance route; otherwise adopt a
broader late-fall recognition period.
5 — Winter
removal
First full
workweek after
January 6
Remove winter and any remaining late-fall
banners
Inspect, inventory, repair, dispose, and store banners
during one operation. Corridor remains open for
maintenance until spring.
If pole capacity does not support concurrent zones, Council must choose one of three tradeoffs:
add approved banner locations, shorten one program, or accept additional mobilization expense.
Staff should not resolve recurring conflicts through ad hoc priority decisions after banners have already been fabricated.
6. Proposed Banner Zones
After a field inventory, staff should map and number locations. A workable allocation concept is:
• Civic/Heritage Zone — veterans, public history, civic anniversaries, and other approved recognition; • Education/Youth Zone — graduating seniors and approved youth achievement programs; 248
• Seasonal/Event Zone — Harvest Festival, Independence Day, winter holidays, and major City events;
• Public Service Reserve — emergency notices, safety campaigns, and urgent City communications; and
• Rotating Community Zone — new approved programs, where capacity allows.
Zones should be based on visibility, hardware, traffic conditions, and the number of banners available—not on the perceived prestige of an organization or honoree. The map should be incorporated into an administrative manual that can be updated without reopening the entire policy, provided Council’s allocation principles are preserved.
POLICY ALTERNATIVES FOR COUNCIL DIRECTION
Alternative Description Principal consequence
A — Limited
public forum
Qualifying outside organizations display their own civic messages under objective, viewpoint-neutral rules.
Broader community access; City must tolerate
eligible viewpoints it may dislike and minimize
subjective discretion.
B — City
programs only
End outside applications; City alone designs, funds, and displays banners, while accepting donations without donor message rights.
Lowest forum-management complexity but less
community participation and greater City cost.
C — Status quo Continue case-by-case approvals without comprehensive rules. Not recommended; preserves scheduling, cost, consistency, and liability problems.
KEY QUESTIONS FOR COUNCIL
1. Which civic purposes and applicant categories should receive access, and should any pole capacity remain reserved for new programs?
2. Is restrained business sponsor acknowledgment acceptable, and what maximum size or placement should be allowed?
3. What does an individual-honoree banner signify, and does Council want narrowly defined disqualification criteria beyond basic program eligibility and consent?
4. Should spring and fall conflicts be resolved through concurrent geographic zones, and is Council willing to accept additional cost if capacity is insufficient?
5. Should recurring programs receive priority windows, or should all non-City programs rotate when demand exceeds capacity?
6. Should the City Manager decide routine applications and reconsiderations, with Council setting policy but not adjudicating individual cases?
CONCLUSION
Main Street banners are prominent uses of public property. They can strengthen civic identity, recognize community milestones, support recurring events, and invite community organizations to develop worthwhile programs. They can also create reputational, operational, safety, and financial risks if the City does not clearly define what may be displayed, who pays, and how competing requests are resolved.
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Staff proposes full cost recovery for outside programs, City installation and removal only, standardized hardware and design specifications, predetermined corridor zones, objective priority rules, a limited reconsideration process, and a consolidated annual change-out calendar.
The calendar could reduce the program to approximately five principal Public Works mobilizations each year, subject to field conditions and the final number of banner locations.
RECOMMENDATION
It is recommended that the City Council receive this report, discuss the policy alternatives, and provide direction on the following matters:
• Whether to authorize commercial businesses to sponsor approved civic programs while prohibiting commercial advertising and product promotion; • Whether to permit banners honoring named individuals only under written eligibility, consent, verification, removal, and appeal standards;
• Whether all non-City programs should pay the City’s full direct and indirect costs; and • Whether to direct the City Attorney and staff to return with a resolution, final policy, fee schedule, application, sponsor agreement, and annual banner calendar consistent with Council direction.
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