May 24, 2022City Council Meeting Minutes - Unofficial
along with capital campaigns.
PUBLIC HEARINGS
ID#22-280 Substantial Amendments to United States Department of Housing and Urban Development Fiscal Year 2020-2021 Annual Action Plan and Fiscal Year 2021-2022 Annual Action Plan for the Hebbron Family Center CDBG Project Received report from Planning Manager Rod Powell regarding the City’s State grant award of $8.1 for the reconstruction of the Hebbron Family Center. To initiate the process, Library and Community Services and Public Works Departments identified a consultant to assist with construction and program management in an amount of $1.3 million. The departments requested CDBG funding from the Community Development Department (CDD) to offset pre-development costs. Staff has reviewed the request in consultation with HUD and deemed the project as an eligible activity to receive CDBG funds as it is located within the City’s Alisal Neighborhood Revitalization Strategy benefiting a Low Mod Area where 51% of the residents fall within the low and moderate-income categories. The emergence of a new, priority project for CDBG, the Hebbron Family Center, requires the execution of a second amendment to the FY 2020-2021 AAP and a first amendment to FY 2021-2022 AAP. In accordance with the City’s Citizen Participation Plan, a formal Substantial Amendment process is required as the City is proposing to de-obligate and reallocate more than 25% of its CDBG funds from the Sherwood Recreation Center Phase IV (FY 2020-2021) and Chinatown Improvements (FY 2021-2022) projects towards the new Hebbron Family Center project. Funds for Sherwood and Chinatown are proposed to be restored in the FY 2022-2023 Annual Action Plan.
Upon motion by Councilmember Cromeenes, seconded by Councilmember McShane, Resolution authorizing the submission of a Second Substantial Amendment to the United States Department of Housing and Urban Development (HUD) Fiscal Year (FY) 2020-2021 Annual Action Plan (AAP) and a First Substantial Amendment to the United States Department of Housing and Urban Development Fiscal Year 2021-2022 Annual Action Plan; and authorize the allocation of $798,633 in FY 2020-2021 Community Development Block Grant (CDBG) funds and $607,980 in FY 2021-2022 CDBG funds to the Hebbron Family Center project was approved. The motion carried by the following vote:
Ayes: Councilmember Cromeenes, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha and Mayor Craig 6 -
Absent: Councilmember Barrera1 -
Enactment No: RES 22359
CONSENT AGENDA
ID#22-308 Minutes
Upon motion by Councilmember Cromeenes, seconded by Councilmember Gonzalez, minutes of May 10, 2022 and May 17, 2022 were approved. The motion carried by the following vote:
Ayes: Councilmember Cromeenes, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha and Mayor Craig 6 -
Absent: Councilmember Barrera1 -
May 24, 2022City Council Meeting Minutes - Unofficial
ID#22-307 Financial Claims
Upon motion by Councilmember Cromeenes, seconded by Councilmember Gonzalez, the financial claims report was approved. The motion carried by the following vote:
Ayes: Councilmember Cromeenes, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha and Mayor Craig 6 -
Absent: Councilmember Barrera1 -
ID#22-164 Job Order Contracting (JOC) for Miscellaneous “Type B” Building/Building Maintenance Work Contract No. 2016-JOB03 Type B
Upon motion by Councilmember Cromeenes, seconded by Councilmember Gonzalez, Resolution accepting the Job Order Contracting (JOC) for Miscellaneous "Type B" Building/Building Maintenance Work Contract No. 2016-JOB03 Type B with Newton Construction, for maintenance and responsibility was approved. The motion carried by the following vote:
Ayes: Councilmember Cromeenes, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha and Mayor Craig 6 -
Absent: Councilmember Barrera1 -
Enactment No: RES 22360
ID#22-201 Professional Services Agreement with Griffin Structure Upon motion by Councilmember Cromeenes, seconded by Councilmember Gonzalez, Resolution authorizing the City Manager to enter into a Professional Services Agreement between the City of Salinas and Griffin Structures in an amount not to exceed $1,293,710 for Program and Construction Management for the Hebbron Family Center Revitalization Project was approved. The motion carried by the following vote:
Ayes: Councilmember Cromeenes, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha and Mayor Craig 6 -
Absent: Councilmember Barrera1 -
Enactment No: RES 22361
ID#22-224 Regional Funding Agreement for Pedestrian and Bicycle Wayfinding Program Upon motion by Councilmember McShane, seconded by Councilmember Cromeenes, Resolution approving the Regional Funding Agreement for Pedestrian and Bicycle Wayfinding Program between the Transportation Agency for Monterey County
and the City of Salinas was approved. The motion carried by the following vote:
Ayes: Councilmember Cromeenes, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha and Mayor Craig 6 -
Absent: Councilmember Barrera1 -
Enactment No: RES 22362
May 24, 2022City Council Meeting Minutes - Unofficial
ID#22-259 East Laurel Pedestrian Improvements Project, CIP No. 9220 Upon motion by Councilmember Osornio, seconded by Councilmember Cromeenes, Resolution accepting the East Laurel Pedestrian Improvements Project, CIP No. 9220, for maintenance and responsibility was approved. The motion carried by the following vote:
Ayes: Councilmember Cromeenes, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha and Mayor Craig 6 -
Absent: Councilmember Barrera1 -
Enactment No: RES 22363
ID#22-265 Direct Purchase of Structural Firefighting Personal Protective Clothing Upon motion by Councilmember Cromeenes, seconded by Councilmember Gonzalez, Resolution approving the direct purchase of structural firefighting personal protective clothing from JAECO Fire and Safety in the amount of $46,745.53 was approved. The motion carried by the following vote:
Ayes: Councilmember Cromeenes, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha and Mayor Craig 6 -
Absent: Councilmember Barrera1 -
Enactment No: RES 22364
ID#22-273 Five Cities Partnership/Hartnell College Memorandum of Understanding Upon motion by Councilmember Cromeenes, seconded by Councilmember Gonzalez, Resolution authorizing the City Manager to enter into a Memorandum of Understanding with the Hartnell Community College District and the cities of Gonzales, Soledad, Greenfield, and King City to continue support of the Five Cities Partnership was approved. The motion carried by the following vote:
Ayes: Councilmember Cromeenes, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha and Mayor Craig 6 -
Absent: Councilmember Barrera1 -
Enactment No: RES 22365
ID#22-277 Salinas City Center Improvement Association 2021 Annual Report Upon motion by Councilmember Cromeenes, seconded by Councilmember Gonzalez, Resolution accepting and approving the Salinas City Center Improvement Association (SCCIA) 2021 Annual Report was approved. The motion carried by the following vote:
Ayes: Councilmember Cromeenes, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha and Mayor Craig 6 -
Absent: Councilmember Barrera1 -
Enactment No: RES 22366
ID#22-279 Acquisition of Asset Management Software
May 24, 2022City Council Meeting Minutes - Unofficial
Upon motion by Councilmember Cromeenes, seconded by Councilmember Gonzalez, Resolution approving two professional service agreements to install and license CityWorks software was approved. The motion carried by the following vote:
Ayes: Councilmember Cromeenes, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha and Mayor Craig 6 -
Absent: Councilmember Barrera1 -
Enactment No: RES 22367
ID#22-281 Short-Term Pond 3 Industrial Wastewater Effluent Utilization Agreement Upon motion by Councilmember Cromeenes, seconded by Councilmember Gonzalez, Resolution approving a Short-Term Pond 3 Industrial Wastewater Effluent Utilization Agreement with Monterey One Water and the Monterey County Water Resources Agency was approved. The motion carried by the following vote:
Ayes: Councilmember Cromeenes, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha and Mayor Craig 6 -
Absent: Councilmember Barrera1 -
Enactment No: RES 22368
ID#22-284 Service Agreement with McLaughlin Painting and Waterproofing Corporation Upon motion by Councilmember Cromeenes, seconded by Councilmember Gonzalez, Resolution authorizing a Services Agreement in the amount of $58,461 between the City of Salinas and McLaughlin Painting and Waterproofing Corporation for the painting of three (3) Recreation Centers was approved. The motion carried by the following vote:
Ayes: Councilmember Cromeenes, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha and Mayor Craig 6 -
Absent: Councilmember Barrera1 -
Enactment No: RES 22369
ID#22-286 Sublease of 801 Abbott Place
Upon motion by Councilmember Cromeenes, seconded by Councilmember Gonzalez, Resolution authorizing a Sublease Agreement between the City of Salinas and Simplot for the property located at 801 Abbott Place was approved.
The motion carried by the following vote:
Ayes: Councilmember Cromeenes, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha and Mayor Craig 6 -
Absent: Councilmember Barrera1 -
Enactment No: RES 22370
ID#22-287 Economic Development Element Target Area K (Ferrasci Business Park
May 24, 2022City Council Meeting Minutes - Unofficial
Specific Plan) Agreements
Upon motion by Councilmember Cromeenes, seconded by Councilmember Gonzalez, Resolutions authorizing the Mayor to execute a Funding Agreement for the Ferrasci Business Center Specific Plan and also authorizing the establishment of a Capital Improvement Project and appropriation of funding related to the Specific Plan was approved. The motion carried by the following vote:
Ayes: Councilmember Cromeenes, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha and Mayor Craig 6 -
Absent: Councilmember Barrera1 -
Enactment No: RES 22371; RES 22372
ID#22-290 Equipment Donation from Transcend Robotics
Upon motion by Councilmember Cromeenes, seconded by Councilmember Gonzalez, Resolution accepting the donation of a Vantage Robot and authorizing the execution of all necessary donation acceptance documents was approved.
The motion carried by the following vote:
Ayes: Councilmember Cromeenes, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha and Mayor Craig 6 -
Absent: Councilmember Barrera1 -
Enactment No: RES 22373
ID#22-297 Agreement for Services for Claims Adjuster
Upon motion by Councilmember Cromeenes, seconded by Councilmember Gonzalez, Resolution authorizing the City Manager to enter into an agreement for services with Carl Warren Company in the initial amount of $148,789.96 for third party adjusting services of liability claims brought against the City of Salinas was approved. The motion carried by the following vote:
Ayes: Councilmember Cromeenes, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha and Mayor Craig 6 -
Absent: Councilmember Barrera1 -
Enactment No: RES 22374
ID#22-300 Extension of Agreement for Services for Workers’ Compensation Third Party Claims Adjuster
Upon motion by Councilmember Cromeenes, seconded by Councilmember Gonzalez, Resolution authorizing the City Manager to enter into an extension of an Agreement for Services with CorVel Enterprise Comp., Inc., in the total amount of $216,651 per year, for third party adjusting services for workers' compensation claims brought against the City of Salinas was approved. The motion carried by the following vote:
Ayes: Councilmember Cromeenes, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha and Mayor Craig 6 -
May 24, 2022City Council Meeting Minutes - Unofficial
Absent: Councilmember Barrera1 -
Enactment No: RES 22375
ID#22-302 A Resolution Affirming Support of Reproductive Freedom Upon motion by Councilmember Gonzalez, seconded by Councilmember Cromeenes, Resolution affirming the City of Salinas’s support of reproductive freedom was approved. The motion carried by the following vote:
Ayes: Councilmember Cromeenes, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha and Mayor Craig 6 -
Absent: Councilmember Barrera1 -
Enactment No: RES 22376
ID#22-304 Display of Commemorative Flag - Progress Pride Flag Upon motion by Councilmember Rocha, seconded by Councilmember Gonzalez, Resolution authorizing the display of commemorative Progress Pride Flag at City Hall from June 1, 2022 thru June 30, 2022 was approved. The motion carried by the following vote:
Ayes: Councilmember Cromeenes, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha and Mayor Craig 6 -
Absent: Councilmember Barrera1 -
Enactment No: RES 22377
COUNCILMEMBERS’ REPORTS, APPOINTMENTS AND FUTURE AGENDA ITEMS McShane requested the city consider and appropriation of $100,000 to supplement the Public Arts Fund. He reported that he participated in the City’s Urban Forest meeting.
Additionally, he requested the City consider an increase in the contract with the City’s state and federal lobbyist in order to leverage funding. Councilmember McShane requested adjourning the meeting in memory of Juan Martinez.
Councilmember Rocha requested a report to Council regarding the inclusionary housing ordinance to include a rental registry ordinance. He specifically requested the ordinance address affordable housing issues in the community. Request was second by Councilmembers Gonzalez and Osornio. Councilmember Rocha requested the meeting adjourn in memory of the victims Robb Elementary School shooting in Uvalde, Texas.
Councilmember Cromeens requested the staff continue to move forward with the Future Growth Area Projects in progress.
Councilmember Gonzalez stated she met with the Salinas Union High School District’s Diversity and Inclusion Coordinator and looks forward continue collaboration with the school district. She commented that the City’s summer programs are free of cost or on a sliding scale and encouraged the residents to participate. She reported that the Health and Safety Days in the area of Las Casitas, Constitution Blvd., Laurel Heights and Creekbridge are ongoing, and the city is making progress in keeping areas clean. She reminded the community that the city is approaching the Health and Safety Days in a more structured and humane way, while working in collaboration with residents and the
May 24, 2022City Council Meeting Minutes - Unofficial
unhoused population.
Councilmember Osornio stated he will be hosting a meeting on June 16 at the Sherwood Hall 940 N. Main Street to discuss housing. He reported that the Amor Salinas Summer Camp is scheduled for June 20- 24. He reported that he attended numerous events in over the weekend, including the 5 de Mayo Soccer Tournament at the Salinas Soccer Complex with representatives from the Mexican Consulate and County Board of Supervisors.
Mayor Craig appointed Christie Cromeeenes as the alternate to the Salinas Police Activities League. She reported that the Salinas Valley Solid Waste Authority, cities and Count yof Monterey continue to work on the relocation of the Sun Street Center Transfer Station to Madison Lane. She reported that the Salinas Soccer Complex Authority had its quarterly meeting and is doing everything it can to complete the project. Mayor Craig also reported that she participated in the Tri-County workforce development forum on behalf of the city. In closing, Mayor Craig adjourned the meeting in memory of Juan Martinez.
ADJOURNMENT
Meeting adjourned at 5:13 p.m.
APPROVED:
__________________________
Mayor/Chair
ATTEST:
__________________________
City Clerk/Secretary
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-349, Version: 1
Financial Claims
Approve Financial Claims Report.
City of Salinas Printed on 6/8/2022Page 1 of 1
powered by Legistar™
Number Date Status
Transaction
Amount
457928 05/24/2022 Open $660.12
457929 05/24/2022 Open $5,490.00
457930 05/24/2022 Open $4,395.00
457931 05/24/2022 Open $27,962.98
457932 05/24/2022 Open $360.00
457933 05/24/2022 Open $395.00
457934 05/24/2022 Open $127.14
457935 05/24/2022 Open $2,709.16
457936 05/24/2022 Open $72.56
457937 05/24/2022 Open $2,181.56
457938 05/24/2022 Open $290.50
457939 05/24/2022 Open $7,200.00
457940 05/24/2022 Open $65.36
457941 05/24/2022 Open $559.72
457942 05/24/2022 Open $3,100.00
457943 05/24/2022 Open $135.47
457944 05/24/2022 Open $87.96
457945 05/24/2022 Open $119.70
457946 05/24/2022 Open $7,575.52
457947 05/24/2022 Open $245.81
457948 05/24/2022 Open $12,331.20
457949 05/24/2022 Open $22,373.07
457950 05/24/2022 Open $199.43
457951 05/24/2022 Open $623.66
457952 05/24/2022 Open $18,609.84
457953 05/24/2022 Open $1,120.52
457954 05/24/2022 Open $350.12
457955 05/24/2022 Open $561.43
457956 05/24/2022 Open $4,475.00
457957 05/24/2022 Open $767.35
457958 05/24/2022 Open $350.00
457959 05/24/2022 Open $781.80
457960 05/24/2022 Open $130.04
457961 05/24/2022 Open $2,400.00
457962 05/24/2022 Open $479.75
457963 05/24/2022 Open $323.18
457964 05/24/2022 Open $9,292.69
457965 05/24/2022 Open $9,821.07
457966 05/24/2022 Open $200.00
457967 05/24/2022 Open $35,558.93
457968 05/24/2022 Open $7,051.38
Cassie McSorley
CDW-G
Central Coast Center For Independent
Canon Solutions America Inc
Cardinalli Realty & Property Management Co. Inc.
Casentini Street Apartments, Llc
California Water Service
California Water Service
California Water Service
Cal Line Equipment Company
California Towing and Transport
California Water Service
Brodart Company
C & R Medical, Inc dba Discount Cardology
Cadence Team, Inc
Bound Tree Medical
Breakout Prison Outreach dba California Youth Outr
Bridgestone Americas, Inc dba Bridgestone America
Bay Area Community Services Inc.
Bear Electrical Solutions Inc
Beatriz A Barajas - Petty Cash Custodian
AT&T Mobility
AT&T Mobility
Automotive and Industrial
Arcoiris Records
Asap Alisal Signs And Printing
AT&T Mobility
Anthony Allan Hoover II
Applied Concepts, Inc-Stalker Radar
Aramark Uniform & Career Apparel Group, Inc
Amazon.Com
American Supply Company
Analgesic Services Inc
Advanced Computer Tech Solutions, Inc dba Alliance
Alco Water
Alco Water
A.G. Davi Ltd
ABAG Power Purchasing Pool
Acme Car Wash (William Pierce Inc)
General Account - General Account
Check
72 Hour LLC dba Chevrolet of Watsonville/National
93 North Castro St Towman Llc
City of Salinas
Claim Checks 457928-458556
From Payment Date: 5/18/2022 - To Payment Date: 6/7/2022 Payee Name
Pages: 1 of 16
Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Claim Checks 457928-458556
From Payment Date: 5/18/2022 - To Payment Date: 6/7/2022 Payee Name
457969 05/24/2022 Open $404.00
457970 05/24/2022 Open $29,483.25
457971 05/24/2022 Open $478.49
457972 05/24/2022 Open $6,463.03
457973 05/24/2022 Open $3,030.00
457974 05/24/2022 Open $503.53
457975 05/24/2022 Open $40.54
457976 05/24/2022 Open $2,939.64
457977 05/24/2022 Open $30,308.41
457978 05/24/2022 Open $4,214.87
457979 05/24/2022 Open $13,303.87
457980 05/24/2022 Open $173.65
457981 05/24/2022 Open $888.00
457982 05/24/2022 Open $569.00
457983 05/24/2022 Open $687.00
457984 05/24/2022 Open $520,305.28
457985 05/24/2022 Open $4,969.00
457986 05/24/2022 Open $11,327.36
457987 05/24/2022 Open $3,761.58
457988 05/24/2022 Open $14,274.00
457989 05/24/2022 Open $7,599.38
457990 05/24/2022 Open $5,715.00
457991 05/24/2022 Open $150.00
457992 05/24/2022 Open $712.57
457993 05/24/2022 Open $1,792.81
457994 05/24/2022 Open $9,296.65
457995 05/24/2022 Open $410.71
457996 05/24/2022 Open $1,795.00
457997 05/24/2022 Open $185.63
457998 05/24/2022 Open $583.93
457999 05/24/2022 Open $20,956.18
458000 05/24/2022 Open $12,341.75
458001 05/24/2022 Open $367.08
458002 05/24/2022 Open $676.00
458003 05/24/2022 Open $6,182.00
458004 05/24/2022 Open $2,400.00
458005 05/24/2022 Open $1,713.35
458006 05/24/2022 Open $3,342.00
458007 05/24/2022 Open $2,974.22
458008 05/24/2022 Open $25,390.52
458009 05/24/2022 Open $238.91
Interim Inc
Interstate Battery System Inc
Hero Industries Inc
Housing Authority of the County of Monterey
Ingram Book Company
Ground Zero Analysis, Inc
Harris and Associates
Heather A Hardee dba Hardee Polygraph Services
Golz Construction, Inc.
Granite Construction Company
Granite Rock Co
Gene Stevens dba Ridgeview Apts c/o CAL Property
Golden State Emergency Vehicle Service Inc
Golden State Truck and Trailer Repair
Fire Protection Publications
First Alarm Security & Patrol Inc dba An Allied Un
Gavilan Printers LLC
Eric Phelps
Eric Ruloph
Fastenal Company
East Bay Tire Company
Ecology Action of Santa Cruz
Eden Council for Hope and Opportunity
Don Chapin Inc
Don Chapin Inc
Downtown Streets, Inc
David E. Ramos, MD, Inc
Department Of Justice
Dobbs Heavy Duty Holdings LLC dba Western Truck Pa
Community Products LLC dba Community Playthings
County of Monterey Information Technology Dept
CSC Of Salinas
Coast Counties Truck & Equipment Co dba Coast Coun
Comcast (Business)
Community Human Services Project
CMP-1, Llc dba Boronda Manor
Coast & Valley Properties, Inc
Coast Automotive Warehouse Inc
Chicago Title And Trust
Chrisp Company
Cintas
Pages: 2 of 16
Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Claim Checks 457928-458556
From Payment Date: 5/18/2022 - To Payment Date: 6/7/2022 Payee Name
458010 05/24/2022 Open $7,725.00
458011 05/24/2022 Open $500.00
458012 05/24/2022 Open $3,091.95
458013 05/24/2022 Open $6,057.94
458014 05/24/2022 Open $2,634.23
458015 05/24/2022 Open $91.73
458016 05/24/2022 Open $1,028.33
458017 05/24/2022 Open $2,409.98
458018 05/24/2022 Open $588.00
458019 05/24/2022 Open $7,528.05
458020 05/24/2022 Open $34,314.93
458021 05/24/2022 Open $2,000.00
458022 05/24/2022 Open $34.71
458023 05/24/2022 Open $4,450.00
458024 05/24/2022 Open $3,550.00
458025 05/24/2022 Open $3,550.00
458026 05/24/2022 Open $1,050.00
458027 05/24/2022 Open $33.51
458028 05/24/2022 Open $443.33
458029 05/24/2022 Open $7,322.50
458030 05/24/2022 Open $2,373.58
458031 05/24/2022 Open $300.00
458032 05/24/2022 Open $3,504.00
458033 05/24/2022 Open $1,231.12
458034 05/24/2022 Open $976.00
458035 05/24/2022 Open $133.53
458036 05/24/2022 Open $1,571.02
458037 05/24/2022 Open $15.82
458038 05/24/2022 Open $5,833.33
458039 05/24/2022 Open $303.60
458040 05/24/2022 Open $25.98
458041 05/24/2022 Open $9,200.00
458042 05/24/2022 Open $903.88
458043 05/24/2022 Open $167.44
458044 05/24/2022 Open $2,376.77
458045 05/24/2022 Open $598.41
458046 05/24/2022 Open $1,410.08
458047 05/24/2022 Open $474.54
458048 05/24/2022 Open $303.08
458049 05/24/2022 Open $295.32
458050 05/24/2022 Open $560.92Pacific Gas and Electric Company Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Octo Painting Inc.
Office Depot Business Service Division
Owen Equipment Sales
National Development Council
NUB Playgrounds, Inc dba AAA Sate of Play
O'Reilly Auto Parts
Multifamily Utility Company Inc dba Multifamily
Musson Theatrical Incorporated
My Jeep
MNS Engineers, Inc
Monterey County The Herald
MP 21 Soledad Street, L.P.
Meyers and Nave
Midwest Tape, LLC dba Midwest Tape
MIS CORP
Mangold Property Management, Inc
Maria Avila
MCSI Water Systems Management
Mangold Property Management, Inc
Mangold Property Management, Inc
Mangold Property Management, Inc
LAZ Karp Assoc., LLC dba LAZ Parking California
Leon De Asis
Mackay Motor Parts, Inc dba Napa Auto Parts
Knorr Systems, Inc.
Kysmet Security & Patrol
L.N. Curtis & Sons dba Curtis Blue Line
Johnson Associates
Kelly-Moore Paint Company
Kirtley Overhead Doors
Isidoro Medrano
John Allen dba California Hawaiian Mobile Estates
John Allen dba California Hawaiian Mobile Estates
Ishwar Datt
Pages: 3 of 16
Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Claim Checks 457928-458556
From Payment Date: 5/18/2022 - To Payment Date: 6/7/2022 Payee Name
458051 05/24/2022 Open $1,072.18
458052 05/24/2022 Open $536.59
458053 05/24/2022 Open $232.41
458054 05/24/2022 Open $280,632.17
458055 05/24/2022 Open $747.49
458056 05/24/2022 Open $605.38
458057 05/24/2022 Open $508.24
458058 05/24/2022 Open $74.36
458059 05/24/2022 Open $343.52
458060 05/24/2022 Open $148.58
458061 05/24/2022 Open $73.59
458062 05/24/2022 Open $316.28
458063 05/24/2022 Open $240.00
458064 05/24/2022 Open $1,435.00
458065 05/24/2022 Open $994.04
458066 05/24/2022 Open $235.00
458067 05/24/2022 Open $148,477.13
458068 05/24/2022 Open $2,462.00
458069 05/24/2022 Open $6,795.00
458070 05/24/2022 Open $41.08
458071 05/24/2022 Open $29.20
458072 05/24/2022 Open $15,534.72
458073 05/24/2022 Open $5,425.00
458074 05/24/2022 Open $3,673.45
458075 05/24/2022 Open $5,130.00
458076 05/24/2022 Open $4,700.00
458077 05/24/2022 Open $7,122.75
458078 05/24/2022 Open $1,989.00
458079 05/24/2022 Open $111.73
458080 05/24/2022 Open $267.93
458081 05/24/2022 Open $392.71
458082 05/24/2022 Open $572.34
458083 05/24/2022 Open $187.43
458084 05/24/2022 Open $190.02
458085 05/24/2022 Open $100.00
458086 05/24/2022 Open $37.00
458087 05/24/2022 Open $150.00
458088 05/24/2022 Open $1,484.75
458089 05/24/2022 Open $45.00
458090 05/24/2022 Open $7,200.00
458091 05/24/2022 Open $300.00
Same Day Shred
Saul Hernandez
Shane VanderVeen
Robert Asamoto
Russell Auria Pest Control Services
Safeway Sign Company
Republic Services of Salinas
Republic Services of Salinas
Richard Maldonado
Republic Services of Salinas
Republic Services of Salinas
Republic Services of Salinas
Regional Government Services
Renshou Dai
Rent-A-Fence.com, Inc
RDO Equipment Company
Regency Place LLC dba Palm Court Apartments
Regency Place LLC dba Palm Court Apartments
Quinn Company
Rancho Cielo Youth Center
Randall B Bishop dba Randy Bishop Investigations
Pinnacle Medical Group Inc dba Pinnacle Healthcare
Plaza Club Apartments
Quality Water Enterprises
Petsmart
Phillips Seabrook Associates
Phoenix Motorcars Leasing LLC dba Phoenix Electric
Pacific Truck Parts Inc
Pavement Engineering, Inc
Pedro C Estrada Dba Estrada Janitorial Service
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pages: 4 of 16
Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Claim Checks 457928-458556
From Payment Date: 5/18/2022 - To Payment Date: 6/7/2022 Payee Name
458092 05/24/2022 Open $5,103.66
458093 05/24/2022 Open $21,726.00
458094 05/24/2022 Open $100.00
458095 05/24/2022 Open $262.62
458096 05/24/2022 Open $7,160.00
458097 05/24/2022 Open $158.24
458098 05/24/2022 Open $37.04
458099 05/24/2022 Open $5,490.00
458100 05/24/2022 Open $24,985.00
458101 05/24/2022 Open $3,703.69
458102 05/24/2022 Open $390.00
458103 05/24/2022 Open $442.04
458104 05/24/2022 Open $347.69
458105 05/24/2022 Open $977.55
458106 05/24/2022 Open $251.28
458107 05/24/2022 Open $637.50
458108 05/24/2022 Open $16,581.21
458109 05/24/2022 Open $142,014.79
458110 05/24/2022 Open $2,567.80
458111 05/24/2022 Open $1,386.16
458112 05/24/2022 Open $138.73
458113 05/24/2022 Open $73,617.56
458114 05/24/2022 Open $35.53
458115 05/24/2022 Open $115.37
458116 05/24/2022 Open $3,696.00
458117 05/24/2022 Open $562.20
458118 05/24/2022 Open $2,800.00
458119 05/24/2022 Open $8,087.62
458120 05/24/2022 Open $28.43
458121 05/24/2022 Open $13,756.86
458122 05/24/2022 Open $254.50
458123 05/24/2022 Open $25.00
458125 05/24/2022 Open $194.73
458126 05/24/2022 Open $351.07
458127 05/24/2022 Open $63.75
458128 05/24/2022 Open $303.75
458129 05/24/2022 Open $913.83
458130 05/24/2022 Open $351.07
458131 05/24/2022 Open $351.88
458132 05/24/2022 Open $63.75
458133 05/24/2022 Open $50.25
Ichelle Herrera
Jonathan Moore
Eric Sandoval
Francisco Brambila
Hilda Peralta
Beatriz Trujillo
Brianda Palacios
Ciro Barboza
Karen Tierney & Jim Wawter
Steve Agee
Anthony Rocha
Witmer Associates Inc
Worldpac
YWCA of Monterey County
William R Lewis dba Cypress Landing Apartments
William R Price dba Law Offices of William R Price
William W Harder III
Wallace Group A California Corporation
WCAF, LLC dba Watsonville Ford
WCDJR LLC dba Watsonville Chrysler Dodge Jeep Ram
Verizon Wireless
Verizon Wireless
W W Grainger Inc
Tyler Technologies, Inc.
U.S. Bank National Association ND
University Corporation at Monterey Bay
Thomson-West/Barclays
Tomo Books USA
Tri County Fire Protection
Sturdy Oil Company
Target Pest Control
The Collins Group dba CollinsFlags.com
Stephanie Morales-Bravo Petty Cash Custodian
Stephen Belcher
Steven K. Howell dba Steve Howell Termite Control
Snap-On Tools Corporation
South Bay Regional Public Safety
Star Sanitation Services
Shawn Miguel Russell dba Russell Investigations
SHI International Corp
Simon Jimenez
Pages: 5 of 16
Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Claim Checks 457928-458556
From Payment Date: 5/18/2022 - To Payment Date: 6/7/2022 Payee Name
458134 05/24/2022 Open $389.23
458135 05/24/2022 Open $73.83
458136 05/24/2022 Open $434.45
458137 05/24/2022 Open $299.00
458138 05/24/2022 Open $427.76
458139 05/24/2022 Open $343.94
458140 05/24/2022 Open $303.75
458141 05/24/2022 Open $491.84
458142 05/24/2022 Open $50.50
458143 05/24/2022 Open $116.50
458144 05/24/2022 Open $395.00
458145 05/24/2022 Open $395.00
458146 05/24/2022 Open $964.00
458147 05/31/2022 Open $8.89
458148 05/31/2022 Open $20.12
458149 05/31/2022 Open $351.00
458150 05/31/2022 Open $302.50
458151 05/31/2022 Open $351.00
458152 05/31/2022 Open $619.11
458153 05/31/2022 Open $64.81
458154 05/31/2022 Open $199.75
458155 05/31/2022 Open $1,785.00
458156 05/31/2022 Open $480.00
458157 05/31/2022 Open $3,808.00
458158 05/31/2022 Open $7,580.00
458159 05/31/2022 Open $1,895.97
458160 05/31/2022 Open $2,370.44
458161 05/31/2022 Open $3,165.00
458162 05/31/2022 Open $2,000.00
458163 05/31/2022 Open $14,333.99
458164 05/31/2022 Open $627.37
458165 05/31/2022 Open $1,011.60
458166 05/31/2022 Open $195.00
458167 05/31/2022 Open $15,000.00
458168 05/31/2022 Open $2,657.29
458169 05/31/2022 Open $1,591.00
458170 05/31/2022 Open $410.20
458171 05/31/2022 Open $7,050.00
458172 05/31/2022 Open $559.72
458173 05/31/2022 Open $85.65
458174 05/31/2022 Open $11,757.86AT and T
Antonio Campos dba A C Rental
Aramark Uniform & Career Apparel Group, Inc
Asap Alisal Signs And Printing
Amazon.Com
American Supply Company
Ana Rueda De Vidales dba J.A.V. Language Solutions
All Pets Hospital
All Safe Security Alarm
Allan Snowden dba Snowden Properties
Agustin Ruiz
Alco Water
Alhambra and Sierra Spring DS Waters of America LP
Acme Car Wash (William Pierce Inc)
Adele Frese
Advanced Mobility Group
S.B.R.P.S.T.C.
36 North Properties, Inc dba 36 North Property Man
93 North Castro St Towman Llc
Robert Hampson
Roberto Filice
Alliance Career Training Solutions
Jorge Magana
Justin Heckman
Monica Gurmilan
Angeline Sickler
Brian Frus
Gerardo Magana
Alliance Career Training Solutions
Alliance Career Training Solutions
S.B.R.P.S.T.C.
Sophia Rome
Susan Rosales-Nava
Victor Cortina
Philip Gagnon
Rod Powell
Scott Sutton
Megan Hunter
Michael Gomez
Michael Muscutt
Kimbley Craig
Pages: 6 of 16
Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Claim Checks 457928-458556
From Payment Date: 5/18/2022 - To Payment Date: 6/7/2022 Payee Name
458175 05/31/2022 Open $38.00
458176 05/31/2022 Open $2,370.44
458177 05/31/2022 Open $375.00
458178 05/31/2022 Open $3,277.05
458179 05/31/2022 Open $997.71
458180 05/31/2022 Open $7,834.46
458181 05/31/2022 Open $11,192.99
458182 05/31/2022 Open $13,000.00
458183 05/31/2022 Open $12,349.00
458184 05/31/2022 Open $96.00
458185 05/31/2022 Open $2,512.56
458186 05/31/2022 Open $154.65
458187 05/31/2022 Open $83.66
458188 05/31/2022 Open $145.60
458189 05/31/2022 Open $288.63
458190 05/31/2022 Open $270.30
458191 05/31/2022 Open $115.00
458192 05/31/2022 Open $595.00
458193 05/31/2022 Open $2,880.00
458194 05/31/2022 Open $19,309.95
458195 05/31/2022 Open $42,948.91
458196 05/31/2022 Open $4,721.06
458197 05/31/2022 Open $1,329.58
458198 05/31/2022 Open $2,400.00
458199 05/31/2022 Open $3,900.00
458200 05/31/2022 Open $2,199.00
458201 05/31/2022 Open $2,487.46
458202 05/31/2022 Open $4,845.00
458203 05/31/2022 Open $4,500.00
458204 05/31/2022 Open $4,690.00
458205 05/31/2022 Open $10,344.16
458206 05/31/2022 Open $22,710.59
458207 05/31/2022 Open $6,450.00
458208 05/31/2022 Open $184.45
458209 05/31/2022 Open $925.20
458210 05/31/2022 Open $7,183.00
458211 05/31/2022 Open $19.15
458212 05/31/2022 Open $175.57
458213 05/31/2022 Open $29.85
458214 05/31/2022 Open $73,874.30
458215 05/31/2022 Open $2,433.18
Comcast (Residential)
Community Homeless Solutions
Cristina Schlough
Collins Electrical Company
Comcast
Comcast (Business)
Coast & Valley Properties, Inc
Coast Automotive Warehouse Inc
Colantuono, Highsmith & Whatley, PC
ClientFirst Consulting Group, LLC dba ClientFirst
CMP-1 Llc dba The Pointe at Northridge
CMP-1, LLC dba Cambridge Court Apartments Homes
Cintas
City Data Services
CivicPlus, Inc dba Icon Enterprises Inc, ePowered
Cesareo Perez dba Mexico Lindo Deli Inc
Charles D Cryder
Chris Lane
Casentini Street Apartments, Llc
CDW-G
CEB
Candido Martinez Dba Welders Fabrication and Desig
Cardinalli Realty & Property Management Co. Inc.
Cardinalli Realty & Property Management Co. Inc.
California Water Service
California Water Service
California Water Service
California Water Service
California Water Service
California Water Service
CALIFA Group
California Water Environment Association
California Water Service
Brockhage Corporation dba lockpicks.com
Burton's Fire Inc
C & S Engineers, Inc.
Bear Electrical Solutions Inc
Bridgestone Americas, Inc dba Bridgestone America
BrightView Landscape Services, Inc
AT&T Mobility
Baron Augustine
Pages: 7 of 16
Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Claim Checks 457928-458556
From Payment Date: 5/18/2022 - To Payment Date: 6/7/2022 Payee Name
458216 05/31/2022 Open $125.93
458217 05/31/2022 Open $24,921.00
458218 05/31/2022 Open $1,725.00
458219 05/31/2022 Open $10,956.00
458220 05/31/2022 Open $218.92
458221 05/31/2022 Open $54.00
458222 05/31/2022 Open $54.00
458223 05/31/2022 Open $54.00
458224 05/31/2022 Open $29,561.17
458225 05/31/2022 Open $6,852.96
458226 05/31/2022 Open $2,584.99
458227 05/31/2022 Open $1,871.68
458228 05/31/2022 Open $27.15
458229 05/31/2022 Open $3,780.00
458230 05/31/2022 Open $935.84
458231 05/31/2022 Open $2,622.63
458232 05/31/2022 Open $9,300.00
458233 05/31/2022 Open $670.60
458234 05/31/2022 Open $670.60
458235 05/31/2022 Open $605.40
458236 05/31/2022 Open $584.60
458237 05/31/2022 Open $1,000.00
458238 05/31/2022 Open $4,241.90
458239 05/31/2022 Open $695.73
458240 05/31/2022 Open $16,002.81
458241 05/31/2022 Open $21,826.74
458242 05/31/2022 Open $2,301.71
458243 05/31/2022 Open $5,745.00
458244 05/31/2022 Open $1,620.00
458245 05/31/2022 Open $850.00
458246 05/31/2022 Open $1,800.00
458247 05/31/2022 Open $360.00
458248 05/31/2022 Open $521.98
458249 05/31/2022 Open $1,213.65
458250 05/31/2022 Open $325.32
458251 05/31/2022 Open $240.15
458252 05/31/2022 Open $4,402.04
458253 05/31/2022 Open $2,370.44
458254 05/31/2022 Open $7,515.24
458255 05/31/2022 Open $1,170.05
458256 05/31/2022 Open $2,604.62
Hydro Turf
Ines Mendoza
Hebbron Apts LLC dba C/O CAL Property Management
Hector Cortez
Home Depot Credit Services
Granite Rock Co
Green Valley Industrial Supply
HD Supply White Cap Construction Supply
Gilbert Kenneth Klinger
Glasswork by Design
Golden State Truck and Trailer Repair
Gene Kofman
Gerald Dudley dba c/o Backus Properties
Gerardo Martinez dba Germar the Magician
First Alarm Security & Patrol Inc dba An Allied Un
Franciscan Workers Of Junipero Serra
Gabriel Carvey
FAST Services
Fastenal Company
Ferguson US Hodings, Inc dba Ferguson Enterprises
Extra Space Management Inc
Extra Space Management Inc
Extra Space Management Inc
Emergency Vehicle Specialists, Inc.
Environmental Systems, Inc of Northern California
Extra Space Management Inc
Edges Electrical Group, LLC
EJ Williams Property Management dba Santa Lucia
Elizabeth Roberts
East Bay Tire Company
Ed Limbo
Eda Herrera
DMV
DMV
Downtown Streets, Inc
Dilbeck And Sons
Discount School Supply
DMV
CSC Of Salinas
CSG Consultants
Dana Cornelison
Pages: 8 of 16
Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Claim Checks 457928-458556
From Payment Date: 5/18/2022 - To Payment Date: 6/7/2022 Payee Name
458257 05/31/2022 Open $631.52
458258 05/31/2022 Open $1,326.00
458259 05/31/2022 Open $37.85
458260 05/31/2022 Open $230.00
458261 05/31/2022 Open $23,377.86
458262 05/31/2022 Open $13,392.00
458263 05/31/2022 Open $5,000.00
458264 05/31/2022 Open $177.67
458265 05/31/2022 Open $5,897.05
458266 05/31/2022 Open $228.00
458267 05/31/2022 Open $98.33
458268 05/31/2022 Open $500.00
458269 05/31/2022 Open $1,953.91
458270 05/31/2022 Open $7,323.83
458271 05/31/2022 Open $2,260.00
458272 05/31/2022 Open $2,199.00
458273 05/31/2022 Open $908.83
458274 05/31/2022 Open $2,370.44
458275 05/31/2022 Open $2,387.50
458276 05/31/2022 Open $2,935.63
458277 05/31/2022 Open $15,563.66
458278 05/31/2022 Open $3,800.00
458279 05/31/2022 Open $5,010.00
458280 05/31/2022 Open $803.64
458281 05/31/2022 Open $150.00
458282 05/31/2022 Open $935.84
458283 05/31/2022 Open $815.11
458284 05/31/2022 Open $2,000.00
458285 05/31/2022 Open $23.55
458286 05/31/2022 Open $1,260.75
458287 05/31/2022 Open $6,820.00
458288 05/31/2022 Open $5,250.00
458289 05/31/2022 Open $1,898.00
458290 05/31/2022 Open $2,900.00
458291 05/31/2022 Open $3,170.00
458292 05/31/2022 Open $1,639.65
458293 05/31/2022 Open $2,604.62
458294 05/31/2022 Open $2,370.44
458295 05/31/2022 Open $878.00
458296 05/31/2022 Open $6,750.00
458297 05/31/2022 Open $1,871.68Michael Elliott
Matthew Maldonado
Medtech Forensics Inc
Merelyn Sprenkle
Mariner Village Group Limited
Mary Ellison
Matt N. Pressey
Mangold Property Management, Inc
Maria Guadalupe Moreno Vega
Maria Luisa Alcala
Mackay Motor Parts, Inc dba Napa Auto Parts
Mangold Property Management, Inc
Mangold Property Management, Inc
Linda Knowles
Long Valley Leasing
Lula Fielden
Liebert Cassidy Whitmore
Life Assist
LiftOff, LLC
L.C. Action
L.N. Curtis & Sons dba Curtis Blue Line
Leisure West Camper Shells, Inc.
Kelly-Moore Paint Company
Kevin Skinner
Kimley Horn And Assoc Inc
K-Log, Inc
Kaki Cheung
Keith Emery
Jose Daniel Barrera dba Signa Signs & Graphics
Jose Reyes dba The Tint Shop
Joseph Albertoni
Jesse And Evan Inc dba La Plaza Bakery
John Allen dba California Hawaiian Mobile Estates
Johnson Electronics
Iteris Inc
Jayson F. Cardinalli dba Clean Brothers
Jeni Duran
Institute of Transportation Engineers, Inc.
Interstate Battery System Inc
ISA
Ingram Book Company
Pages: 9 of 16
Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Claim Checks 457928-458556
From Payment Date: 5/18/2022 - To Payment Date: 6/7/2022 Payee Name
458298 05/31/2022 Open $9,000.00
458299 05/31/2022 Open $300.00
458300 05/31/2022 Open $292.63
458301 05/31/2022 Open $140,557.00
458302 05/31/2022 Open $77.92
458303 05/31/2022 Open $189.62
458304 05/31/2022 Open $103,746.63
458305 05/31/2022 Open $86.50
458306 05/31/2022 Open $2,340.30
458307 05/31/2022 Open $2,250.00
458308 05/31/2022 Open $4,725.00
458309 05/31/2022 Open $706.07
458310 05/31/2022 Open $1,780.08
458311 05/31/2022 Open $24.00
458312 05/31/2022 Open $173.63
458313 05/31/2022 Open $528.75
458314 05/31/2022 Open $205.60
458315 05/31/2022 Open $357.31
458316 05/31/2022 Open $231.74
458317 05/31/2022 Open $265.77
458318 05/31/2022 Open $440.77
458319 05/31/2022 Open $624.61
458320 05/31/2022 Open $1,240.82
458321 05/31/2022 Open $124.78
458322 05/31/2022 Open $250.06
458323 05/31/2022 Open $597.12
458324 05/31/2022 Open $427.56
458325 05/31/2022 Open $751.35
458326 05/31/2022 Open $148.64
458327 05/31/2022 Open $48.06
458328 05/31/2022 Open $481.12
458329 05/31/2022 Open $2,366.80
458330 05/31/2022 Open $105.28
458331 05/31/2022 Open $2,199.00
458332 05/31/2022 Open $20,341.36
458333 05/31/2022 Open $6,665.00
458334 05/31/2022 Open $7,284.86
458335 05/31/2022 Open $191.00
458336 05/31/2022 Open $14.25
458337 05/31/2022 Open $146.08
458338 05/31/2022 Open $197.32
Pure Water
Quality Water Enterprises
Refrigeration Supplies Distributor
Plaza Grande LP
Precision Civil Engineering, Inc.
Preferred Alliance Inc.
Pacific Truck Parts Inc
Patrick Haney
Place Works Inc
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
O'Reilly Auto Parts
Office Depot Business Service Division
Oriental Trading Company Inc
MUVZ, Inc dba TrafficSafetyStore.com
Nitro Software, Inc.
NPI Capital Partners LP dba Northridge Park Apartm
Monterey One Water
Monterey Pen Engineering
Monterey Transfer and Storage Inc
Mobile Audio and Cellular
Monterey County Health Department
Monterey One Water
Midwest Tape, LLC dba Midwest Tape
MIS CORP
Pages: 10 of 16
Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Claim Checks 457928-458556
From Payment Date: 5/18/2022 - To Payment Date: 6/7/2022 Payee Name
458339 05/31/2022 Open $125.89
458340 05/31/2022 Open $164.67
458341 05/31/2022 Open $84.46
458342 05/31/2022 Open $377.56
458343 05/31/2022 Open $125.89
458344 05/31/2022 Open $3,577.94
458345 05/31/2022 Open $2,361.25
458346 05/31/2022 Open $3,040.00
458347 05/31/2022 Open $3,736.00
458348 05/31/2022 Open $22.94
458349 05/31/2022 Open $195.00
458350 05/31/2022 Open $4,578.98
458351 05/31/2022 Open $281.60
458352 05/31/2022 Open $29,293.42
458353 05/31/2022 Open $29,293.42
458354 05/31/2022 Open $139.95
458355 05/31/2022 Open $6,627.14
458356 05/31/2022 Open $785.06
458357 05/31/2022 Open $151.76
458358 05/31/2022 Open $2,925.00
458359 05/31/2022 Open $1,107.00
458360 05/31/2022 Open $12,900.00
458361 05/31/2022 Open $4,167.16
458362 05/31/2022 Open $7,000.00
458363 05/31/2022 Open $378.76
458364 05/31/2022 Open $139.00
458365 05/31/2022 Open $264.08
458366 05/31/2022 Open $3,670.63
458367 05/31/2022 Open $935.84
458368 05/31/2022 Open $965.00
458369 05/31/2022 Open $2,115.46
458370 05/31/2022 Open $375.32
458371 05/31/2022 Open $9,937.53
458372 05/31/2022 Open $30,168.07
458373 05/31/2022 Open $36.00
458374 05/31/2022 Open $7,747.54
458375 05/31/2022 Open $1,726.85
458376 05/31/2022 Open $91.00
458377 05/31/2022 Open $940.27
458378 05/31/2022 Open $2,574.30
458379 05/31/2022 Open $1,500.00
W&M Marketing Group Inc dba B-Impressed Branding
Wald, Ruhnke & Dost Architects, LLP
Vals Plumbing and Heating Inc
Verizon Wireless
W W Grainger Inc
U.S. Bank National Association ND
United Parcel Service
Valley Saw Shop
Timothy James Simpson
Tri County Fire Protection
Tuscany Enterprises, Inc dba Everclear Hydro-jetti
Summit Uniform
Sylvia Garcia
Target Pest Control
Sport Supply Group Inc dba BSN Sports
Stephanie Morales-Bravo Petty Cash Custodian
Stommel Inc dba Lehr
Shen's Management & Sales Inc
Smith and Enright Landscaping
Spay Neuter Imperative Project California
San Lorenzo Lumber
Santa Clara Valley Medical
Sentry Alarm System
Salinas Valley Ford Inc
San Benito County
San Jose Motosport, Inc dba San Jose BMW
Salinas Toyota
Salinas Toyota
Salinas Toyota
Ruth Maria Milla-Leon dba Andersen's Lock & Safe
Ryan Macoubrie
Salinas Californian
Rincon Consultants, Inc.
Roberto Salazar dba R & R's Investments
Rogge Road Apartments, LLC
Republic Services of Salinas
Republic Services of Salinas
Rhythm Engineering, LLC
Republic Services of Salinas
Republic Services of Salinas
Republic Services of Salinas
Pages: 11 of 16
Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Claim Checks 457928-458556
From Payment Date: 5/18/2022 - To Payment Date: 6/7/2022 Payee Name
458380 05/31/2022 Open $896.00
458381 05/31/2022 Open $5,187.60
458382 05/31/2022 Open $983.28
458383 05/31/2022 Open $2,603.58
458384 05/31/2022 Open $2,271.23
458385 05/31/2022 Open $2,800.00
458386 05/31/2022 Open $2,432.00
458387 05/31/2022 Open $9,225.40
458388 05/31/2022 Open $1,980.80
458389 05/31/2022 Open $6,000.00
458390 05/31/2022 Open $375.00
458391 05/31/2022 Open $3,831.61
458392 05/31/2022 Open $32,006.80
458393 06/02/2022 Open $23.00
458394 06/02/2022 Open $3,184.00
458395 06/07/2022 Open $130.00
458396 06/07/2022 Open $10,760.00
458397 06/07/2022 Open $501.50
458398 06/07/2022 Open $28.15
458399 06/07/2022 Open $6,155.35
458400 06/07/2022 Open $2,166.75
458401 06/07/2022 Open $11,105.56
458402 06/07/2022 Open $286.53
458403 06/07/2022 Open $421.41
458404 06/07/2022 Open $2,749.15
458405 06/07/2022 Open $170.00
458406 06/07/2022 Open $100.00
458407 06/07/2022 Open $7,938.00
458408 06/07/2022 Open $559.72
458409 06/07/2022 Open $460.42
458410 06/07/2022 Open $3,578.48
458411 06/07/2022 Open $8,101.52
458412 06/07/2022 Open $78.66
458413 06/07/2022 Open $2,593.77
458414 06/07/2022 Open $100.00
458415 06/07/2022 Open $100.00
458416 06/07/2022 Open $7,355.05
458417 06/07/2022 Open $150.00
458418 06/07/2022 Open $15,797.10
458419 06/07/2022 Open $2,744.54
458420 06/07/2022 Open $100.00Candi Swinscoe
California Law Enforcement Assoc of Records Superv
California Towing and Transport
California Water Service
Brent DeBorde
Bruce Bush
California Coast Uniform Company Inc
Bay Area Community Services Inc.
Bearing Engineering Company
Book Depot Inc
Aramark Uniform & Career Apparel Group, Inc
Arrowhead Forensics
B & H Foto & Electronics Corp
Ana Rueda De Vidales dba J.A.V. Language Solutions
Andrew McLaughlin
Applied Concepts, Inc-Stalker Radar
Alco Water
Alhambra and Sierra Spring DS Waters of America LP
Amazon.Com
Acme Rotary Broom Service
ACTION Council of Monterey County, Inc.
Alco Water
2NDNATURE, LLC
72 Hour LLC dba Chevrolet of Watsonville/National
Ace Hardware
DMV Investigations Division
FEMA
Brianda Palacios
Yvonne St Pierre dba Design Path Studio
YWCA of Monterey County
Laucia Valencia
Witmer Associates Inc
Worldpac
Yesenia Galvan Juarez
WCDJR LLC dba Watsonville Chrysler Dodge Jeep Ram
William W Harder III
Williams Ranch Housing Partners, LP
Walmart Community BRC
Wayne Lagger dba LPS Tactical & Personal Security
WCAF, LLC dba Watsonville Ford
Wallace Group A California Corporation
Pages: 12 of 16
Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Claim Checks 457928-458556
From Payment Date: 5/18/2022 - To Payment Date: 6/7/2022 Payee Name
458421 06/07/2022 Open $100.00
458422 06/07/2022 Open $10,148.95
458423 06/07/2022 Open $8,784.82
458424 06/07/2022 Open $100.00
458425 06/07/2022 Open $16,279.00
458426 06/07/2022 Open $9,356.90
458427 06/07/2022 Open $28,011.89
458428 06/07/2022 Open $6,864.80
458429 06/07/2022 Open $10,277.90
458430 06/07/2022 Open $4,875.81
458431 06/07/2022 Open $163.24
458432 06/07/2022 Open $54.07
458433 06/07/2022 Open $253.42
458434 06/07/2022 Open $4.59
458435 06/07/2022 Open $100.00
458436 06/07/2022 Open $18,218.30
458437 06/07/2022 Open $100.00
458438 06/07/2022 Open $100.00
458439 06/07/2022 Open $1,532.55
458440 06/07/2022 Open $460.00
458441 06/07/2022 Open $21.83
458442 06/07/2022 Open $29,365.00
458443 06/07/2022 Open $100.00
458444 06/07/2022 Open $3,510.45
458445 06/07/2022 Open $100.00
458446 06/07/2022 Open $415.92
458447 06/07/2022 Open $3,516.03
458448 06/07/2022 Open $262.50
458449 06/07/2022 Open $5,130.64
458450 06/07/2022 Open $111.61
458451 06/07/2022 Open $4,566.66
458452 06/07/2022 Open $100.00
458453 06/07/2022 Open $6,825.00
458454 06/07/2022 Open $100.00
458455 06/07/2022 Open $11,954.36
458456 06/07/2022 Open $4,210.12
458457 06/07/2022 Open $1,469.88
458458 06/07/2022 Open $230.00
458459 06/07/2022 Open $100.00
458460 06/07/2022 Open $12,960.00
458461 06/07/2022 Open $100.00
Jacqueline Pacelli
Jayson F. Cardinalli dba Clean Brothers
Jeff Gibson
Hydro Turf
Ingram Book Company
ISA
Hemi's Landscaping and Concrete Inc
Henry Gomez
Hinderliter De Llamas and Associates
Green Valley Industrial Supply
Harris Corporation - PSPC
Heath Johnson
Glasswork by Design
Global Water Technology, Inc
Golden State Truck and Trailer Repair
First Alarm Security & Patrol Inc dba An Allied Un
Gabriel Hernandez
Gavilan Printers LLC
Elani Trejo Petty Cash
Environmental Systems, Inc of Northern California
Ernesto Sanchez
David L Crabill
Demco
Dilbeck And Sons
Daniel David Green
Dataflow Business Systems Inc
Dave Shaw
Comcast (Business)
Comcast (Business)
CSC Of Salinas
CMP-1 Llc dba The Pointe at Westlake
CMP-1, LLC dba Cambridge Court Apartments Homes
Coast Automotive Warehouse Inc
CMP-1 Llc dba The Pointe at Harden Ranch
CMP-1 Llc dba The Pointe at Northridge
CMP-1 Llc dba The Pointe at Northridge
Central Coast Center For Independent
Chris Swinscoe
Clark Pest Control
Cassie McSorley
CDW-G
Pages: 13 of 16
Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Claim Checks 457928-458556
From Payment Date: 5/18/2022 - To Payment Date: 6/7/2022 Payee Name
458462 06/07/2022 Open $100.00
458463 06/07/2022 Open $26,845.46
458464 06/07/2022 Open $100.00
458465 06/07/2022 Open $72.78
458466 06/07/2022 Open $55.01
458467 06/07/2022 Open $6,360.00
458468 06/07/2022 Open $861.60
458469 06/07/2022 Open $2,900.00
458470 06/07/2022 Open $3,681.02
458471 06/07/2022 Open $100.00
458472 06/07/2022 Open $2,200.00
458473 06/07/2022 Open $181.00
458474 06/07/2022 Open $16,409.32
458475 06/07/2022 Open $17,206.24
458476 06/07/2022 Open $9,575.38
458477 06/07/2022 Open $100.00
458478 06/07/2022 Open $100.00
458479 06/07/2022 Open $3,000.00
458480 06/07/2022 Open $100.00
458481 06/07/2022 Open $246.46
458482 06/07/2022 Open $1,167.00
458483 06/07/2022 Open $4,052.43
458484 06/07/2022 Open $385.00
458485 06/07/2022 Open $11,159.07
458486 06/07/2022 Open $3,681.44
458487 06/07/2022 Open $3,000.00
458488 06/07/2022 Open $126.00
458489 06/07/2022 Open $8,356.53
458490 06/07/2022 Open $2,065.06
458491 06/07/2022 Open $636.05
458492 06/07/2022 Open $636.75
458493 06/07/2022 Open $16,425.26
458494 06/07/2022 Open $856.75
458495 06/07/2022 Open $39.20
458496 06/07/2022 Open $99.81
458497 06/07/2022 Open $2,025.00
458498 06/07/2022 Open $70.00
458499 06/07/2022 Open $902.97
458500 06/07/2022 Open $24,883.88
458501 06/07/2022 Open $146.58
458502 06/07/2022 Open $160.00
Protel Communications, Inc dba Protelesis Corporat
Quality Water Enterprises
Pinnacle Medical Group Inc dba Pinnacle Healthcare
Pinnacle Peak Holding Corp. dba Setcom Corp.
Professional Police Supply, Inc dba Adamson Police
Pacific Truck Parts Inc
Patricia Meraz
Pedro C Estrada Dba Estrada Janitorial Service
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Other World Computing, Inc
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Office Depot Business Service Division
OIN Investments Inc dba Real Property Management
Operation Freedom Paws
Mobile Audio and Cellular
Monterey Rotoco, Inc
Munico Corp dba Traffic Safety Warehouse
Michael Groves
Midwest Tape, LLC dba Midwest Tape
Mission Communications, LLC
Mark Freedman
Martin Persijn
MGT Of America Inc
Long Valley Leasing
Long Valley Leasing
Long Valley Leasing
Lance Miraco
Landset Engineers Inc
Law Offices of Roy C Gunter III
Kirtley Overhead Doors
KRM Apartment Rentals LLC dba KRM Enterprises
L.C. Action
Kanco Inc. / Mighty Auto Parts
Kelly-Moore Paint Company
Kimley Horn And Assoc Inc
Jesse Pinon
Johnson Electronics
Jonathan Barnes
Pages: 14 of 16
Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Claim Checks 457928-458556
From Payment Date: 5/18/2022 - To Payment Date: 6/7/2022 Payee Name
458503 06/07/2022 Open $524.32
458504 06/07/2022 Open $376.02
458505 06/07/2022 Open $100.00
458506 06/07/2022 Open $100.00
458507 06/07/2022 Open $4,969.25
458508 06/07/2022 Open $124.57
458509 06/07/2022 Open $576.79
458510 06/07/2022 Open $320.00
458511 06/07/2022 Open $1,504.00
458512 06/07/2022 Open $2,447.44
458513 06/07/2022 Open $5,826.00
458514 06/07/2022 Open $100.00
458515 06/07/2022 Open $385.00
458516 06/07/2022 Open $100.00
458517 06/07/2022 Open $1,154.00
458518 06/07/2022 Open $100.00
458519 06/07/2022 Open $71.90
458520 06/07/2022 Open $777.95
458521 06/07/2022 Open $100.00
458522 06/07/2022 Open $1,834.61
458523 06/07/2022 Open $8,225.29
458524 06/07/2022 Open $100.00
458525 06/07/2022 Open $6,187.38
458526 06/07/2022 Open $21,879.06
458527 06/07/2022 Open $50.00
458528 06/07/2022 Open $100.00
458529 06/07/2022 Open $1,200.00
458530 06/07/2022 Open $100.00
458531 06/07/2022 Open $129.98
458532 06/07/2022 Open $100.00
458533 06/07/2022 Open $89.28
458534 06/07/2022 Open $9,248.98
458535 06/07/2022 Open $1,054.05
458536 06/07/2022 Open $209,904.07
458537 06/07/2022 Open $411.03
458538 06/07/2022 Open $20,000.00
458539 06/07/2022 Open $141.69
458540 06/07/2022 Open $2,752.88
458541 06/07/2022 Open $1,006.15
458542 06/07/2022 Open $1,603.26
458543 06/07/2022 Open $2,287.06Voyager
Verizon Wireless
Verizon Wireless
Verizon Wireless
Vals Plumbing and Heating Inc
Vantagepoint Transfer Agents/457 c/o M&T Bank
Veritiv Operating Company Formerly xpedx
U.S. Bank National Association ND
Uline, Inc
University Corporation at Monterey Bay
The Ed Jones Company, Incorporated
Todd Swinscoe
Tri County Fire Protection
Ted Koch
Tehama Golf Club LLC
Terry Gerhardstein
Symbol Arts
Tactical Medical Solutions Inc
Target Pest Control
Stommel Inc dba Lehr
Sturdy Oil Company
Suzanne Cottle-Gavalla
Smart and Final Iris
Snow Signs, Inc
Stanley Cooper
Sheldon Bryan
Sherwood Village, L.P.
Simon Jimenez
Santa Clara Valley Medical
Scott Tyler
Shaw HR Consulting Inc
Safety-Kleen Systems, Inc.
Salinas Pointe 2019 LP
San Lorenzo Lumber
Rincon Consultants, Inc.
Ruth Maria Milla-Leon dba Andersen's Lock & Safe
S and S Worldwide
Republic Services of Salinas
Richard Maldonado
Ricky Williams
RDO Equipment Company
Pages: 15 of 16
Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Claim Checks 457928-458556
From Payment Date: 5/18/2022 - To Payment Date: 6/7/2022 Payee Name
458544 06/07/2022 Open $888.84
458545 06/07/2022 Open $1,648.75
458546 06/07/2022 Open $20,207.50
458547 06/07/2022 Open $515.39
458548 06/07/2022 Open $983.28
458549 06/07/2022 Open $100.00
458550 06/07/2022 Open $711.12
458551 06/07/2022 Open $750.00
458552 06/07/2022 Open $15,530.28
458553 06/07/2022 Open $782.00
458554 06/07/2022 Open $348.08
458555 06/07/2022 Open $343.55
458556 06/07/2022 Open $2,318.92
$3,954,417.88
General Account - General Account Totals
RW Construction and Contracting Inc
Salinas Valley Memorial Healthcare System
Type Check Totals:
Witmer Associates Inc
Worldpac
Maribel Hernandez
Wayne Vance
WCAF, LLC dba Watsonville Ford
Willdan Financial Services
Wallace Group A California Corporation
Walmart Community BRC
Wayne Lagger dba LPS Tactical & Personal Security
W W Grainger Inc
Wald, Ruhnke & Dost Architects, LLP
Pages: 16 of 16
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-276, Version: 1
Integrated Pest Management (IPM) Policy
Approve a Resolution adopting an Integrated Pest Management (IPM) Policy for the City of Salinas.
City of Salinas Printed on 6/8/2022Page 1 of 1
powered by Legistar™
Page | 1
CITY OF SALINAS
COUNCIL STAFF REPORT
NPDES2021
DATE: JUNE 14, 2022
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, P.E., L.S. - PUBLIC WORKS DIRECTOR BY: HEIDI NIGGEMEYER - STORMWATER PROGRAM MANAGER
TITLE: INTEGRATED PEST MANAGEMENT (IPM) POLICY
RECOMMENDED MOTION:
A motion to approve a Resolution adopting an Integrated Pest Management (IPM) Policy for the City of Salinas.
RECOMMENDATION:
It is recommended that City Council approve a resolution to adopt an IPM policy for the application of pesticides, herbicides, and fertilizers (PHFs) throughout the City of Salinas.
EXECUTIVE SUMMARY:
The City’s current NPDES Permit, adopted in September 2019, requires the City to adopt and implement an Integrated Pest Management (IPM) policy requiring the minimization of pesticide, herbicide, and fertilizer (PHF) use and requiring the use of IPM at City-owned or operated facilities and activities. The City is also required, once t he IPM policy is adopted, to develop a Pesticide Reduction Plan that includes quantifiable targets for the reduction in use of pesticides, herbicides, and fertilizers. Additionally, as the proposed policy addresses, all City staff and contractors who apply PHFs within the City must be trained in IPM practices, as well as the IPM policy. The proposed IPM policy and the eventual Pesticide Reduction Plan address the requirements indicated in the City’s NPDES permit.
BACKGROUND:
Integrated Pest Management (IPM) is a pest management strategy that focuses on pest prevention strategies with minimum impact on human health, the environment, and nontarget organisms. For the past 50 years, pest management has relied heavily on synthetic chemical pesticides, herbicides, and fertilizers. Chemical runoff into local waterways can cause severe problems for species in the aquatic environment . Reliance on pesticide use has cause several issues in pest management, including damaging non -pest populations, and increase in the nu mber of pests resistant to Page | 2
pesticides, and new organisms becoming pests. The purpose of an IPM policy is to provide a systematic, transparent, and environmentally responsible approach for implementing pest control measures. For this report, the term “pesticide” encompasses pesticides, herbicides, and fertilizers and the term “pesticide” and PHF can be used synonymously to refer to these chemical -based treatments.
The City of Salinas was issued its current stormwater NPDES permit from the California Regional Water Quality Control Board - Central Coast Region (Water Board) on October 1, 2019, Order R3-2019-0073, NPDES No. CA0049981 . Section M, Municipal Maintenance, outlines various requirements for the management and use of pesticides, herbicides, and fertilizers (PHF) at City facilities. The NPDES permit requires the implementation of IPM procedures to reduce the City’s application of pesticides, minimize the use of toxic chemicals that may discharge into waterways, and the adoption/implementation of an IPM Policy . Procedures established within the proposed IPM Policy will set the framework for pest management within the City. Once adopted, an all - encompassing Pesticide Reduction Plan will be developed to address specific pests and establish quantifiable reduction goals. The adoption of this policy will establish specific plans that reduce chemical pesticide use and evaluate the use of “green” alternatives , thereby protecting public health and the environment.
The City is establishing an IPM Policy to move towards a more holistic and less environmentally toxic approach to pest management. An IPM approach will only use pesticides when alternative controls are not feasible or are ineffective. Salinas’ policy includes the following goals:
Create awareness among City staff and the local community to IPM benefits and techniques Ensure all City staff and contractors that utilize pesticides in their duties are trained in IPM practices and have reviewed the proposed IPM Policy and procedures before pesticides are applied
Conduct effective pest management that minimizes public health and environmental risk by limiting or eliminating pesticides application at City maintained facilities. Establish and maintain standardized record keeping and reporting for PHF use at City maintained facilities
Increase transparency around pesticide use and areas treated for the public and City staff Produce an annual report showing pesticide use and evaluate progress in achieving PHF reductions
A primary outcome of the IPM Policy is an overall reduction in pesticide application at all City- owned or operated facilities. Once the IPM Policy is adopted by the City Council, a Pesticide Reduction Plan will be developed including procedures for implementation of the IPM Policy, the application of pesticides throughout the City , the evaluation of “green” alternatives, and quantifiable milestones for reduction in City pesticide use.
CEQA CONSIDERATION:
Not a Project . The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
Page | 3
STRATEGIC PLAN INITIATIVE:
Adoption of the IPM Policy addresses the City Council’s goal of Infrastructure and Environmental Sustainability.
DEPARTMENTAL COORDINATION:
Overall execution of the IPM policy and Pesticide Reduction Plan will rely on coordination between Public Works ( Wastewater, Streets, Assessments Districts, Airport, and NPDES Divisions) and Parks and Community Services.
FISCAL AND SUSTAINABILITY IMPACT:
The presentation of the IPM Policy is a NPDES requirement and has no fiscal impact.
ATTACHMENTS:
Resolution
Draft IPM Policy
Page | 1
RESOLUTION NO. (N.C.S.)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SALINAS ADOPTING
THE INTEGRATED PEST MANAGEMENT (IPM) POLICY FOR THE CITY
WHEREAS, in September 2019 the City of Salinas was issued Order R3 -2019-0073, a National Pollutant Discharge Elimination System (NPDES) Permit by the California Regional Water Quality Control Board; and
WHEREAS, the City’s NPDES Permit requires the City to adopt an IPM Policy; and
WHEREAS, an IPM Policy has been shown to result good management of pesticide applications to manage pests in a less hazardous manner; and
WHEREAS, once adopted, a Pesticide Reduction Plan will be developed to provide quantifiable reductions in pesticide usage at City owned and/or operated facilities; and
WHEREAS, the City has determined that the proposed action i s not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378); and
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby adopts the Integrated Pest Management (IPM) Policy.
PASSED AND APPROVED this 14th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Integrated Pest Management Policy | 1
City of Salinas
Integrated Pest Management Policy
Prepared by:
500 Seabright Avenue, Suite 205
Santa Cruz, CA 95062
April 2022
2 | Apr-22
TABLE OF CONTENTS
Introduction ..................................................................................................................... 3 IPM Approach .................................................................................................................. 3 IPM Policy Goals ............................................................................................................... 3 Permit Compliance ........................................................................................................... 4 IPM Procedures and Implementation ................................................................................ 4 Appoint IPM Coordinator & Liaisons ..................................................................................... 5 Implement IPM Practices in Pest Management ...................................................................... 6 Staff Training................................................................................................................... 6 Application Protocols ......................................................................................................... 7 Record Keeping & Reporting Pesticide Use ............................................................................ 9 Public Outreach ............................................................................................................... 10
Integrated Pest Management Policy | 3
Introduction
Integrated Pest Management (IPM) is a pest management strategy that focuses on pest prevention strategies with minimum impact on human health, the environment, and nontarget organisms. For the past 50 years, pest management has relied heavily on synthetic chemical pesticides, herbicides, and fertilizers. Chemical runoff into local w aterways can cause problems for species in the aquatic environment. Reliance on pesticide use has caused several issues in pest management including damaging non-pest populations, an increase in the number of pests resistant to pesticides, and new organisms becoming pests. The purpose of an IPM policy is to provide a systematic, transparent, and environmentally responsible approach for implementing pest control measures. The IPM policy will meet the City’s NPDES Permit requirements from the State Water Reso urces Control Board. The permit requires implementation of IPM procedures to reduce the City’s application of pesticides, herbicides, and fertilizers (PHF) and minimize the use of toxic chemicals that may discharge into waterways. Procedures established within this policy will set the framework to approach pest management in the City. On ce adopted, an all-encompassing pest management plan will be developed to address specific pests and address quantifiable reduction goals. The adoption of this policy will establish specific plans that reduce chemical pesticide use and will thereby protect public health and the environment. In this document the term pesticide encompasses pesticides, herbicides and fertilizers, and the term pesticide and PHF can be used synonymously to refer to these chemical-based treatments.
IPM APPROACH
An IPM program emphasizes pest prevention as its first approach, followed by actions to discourage or reduce pest populations from reaching levels where active control measures are needed. Tolerance levels are evaluated to help determine when pest populations have reached thresholds where active pest control measures should be considered. An IPM pest management approach first utilizes a variety of alternative controls to minimize pests before chemical treatments are considered. Alternative controls include mechanical tactics that physically remove the pest, biological controls that leverage naturally occurring agents to minimize the pest, and cultural controls. Cultural controls include informed plant selection and soil preparation that minimizes optimal conditions for pests which are enhanced through education and human behavior changes. After alternative controls are exhausted and the targeted pest population exceeds threshold levels, chemical pest controls are considered in combination with non - chemical controls. An IPM program focuses on using the least toxic chemical and the most target specific pesticide.
IPM POLICY GOALS
The City of Salinas is establishing an IPM policy to move towards a more holistic and less environmentally toxic approach to pest management. An IPM approach to pest management will only utilize pesticides when alternatives controls are not feasible or not effective. Salinas’ policy includes the following goals. • Create awareness among City staff and the local community to IPM benefits and techniques • Ensure all City staff that utilize pesticides in their duties are trained in IPM pr actices and have reviewed this policy and procedure before pesticides are applied • Conduct effective pest management that minimizes public health and environmental risk by limiting or eliminating pesticide application at City maintained facilities 4 | Apr-22
• Establish and maintain standardized record keeping and reporting for PHF use at City maintained facilities
• Increase transparency around pesticide use and areas treated for the public and City staff • Produce an annual report showing pesticide use and evaluate progress in achieving PHF reductions
PERMIT COMPLIANCE
The NPDES permit for the City of Salinas (Order No. R3-2019-0073) includes provision M.4 to implement procedures and policies to manage pesticide application at City maintained facilities. The policy outlines six procedures to provide City staff with guidelines to safely and responsibly apply pesticides when needed. The six procedures are:
1) Appoint IPM Coordinator and Liaisons
2) Implement IPM practices in Pest Management
3) Staff Training
4) Application Protocols
5) Record Keeping and Reporting
6) Public Outreach
A primary outcome of the IPM policy is an overall reduction in PHF application at all City operated facilities and related activities. In 2019 the City prohibited pyrethroid pesticides targeted for insects, but still applies herbicides for weed management and applies fertilizer on an as needed basis. PHF application use is currently tracked and documented annually (see Appendix 1) and submitted in the NPDES annual report. Current pesticide usage in Salinas indicates that Roundup (active ingredient Glyphosphate) and Lifeline or Cheetah (active ingredient Glufosinate ammonium ) are the most frequently applied and largest volumes applied. The current list of pesticides approved and applied will provide some guidelines in establishing PHF reductions. However, there is little information currently collected on the volume of PHF applied per unit area that may illustrate opportunities for reductions. As part of this policy, improved record keeping practices utilizing a standardized digital form will be implemented and tracked for an improved understanding of current usage. Data collected under this policy will better serve City staff to generate quantifiable targets for controlling specific pest populations while defining action thresholds to protect water quality. Quantifiable PHF reductions will be established by the IPM coordinator and may include reductions in total volumes currently applied, or reductions in action thresholds before pesticides are applied. PHF application use will be evaluated annually, and reduction targets will be modified by the IPM coordinator accordingly to meet project goals and evolving science around PHF that pose a water quality risk. Pyrethroid pesticides will not be used within City limits at Salinas owned or operated facilities.
IPM Procedures and Implementation
The City of Salinas is establish ing an IPM policy and procedures to minimize pesticide use to manage pests in a less hazardous manner. Procedures included in this p olicy provide a process for City staff to utilize alternatives to chemical controls, define clear guidelines to follow when chemical controls are needed, and delineate specific record keeping protocols. Crucial to the success of the IPM procedures and implementation, is the designation of the appropriate staff to manage the program and establish communication channels across departments to implement the IPM procedures listed herein.
Integrated Pest Management Policy | 5
APPOINT IPM COORDINATOR & LIAISONS
The City of Salinas must appoint an IPM coordinator to administer and manage the City’s IPM program.
The primary role for the IPM coordinator is to implement this policy’s procedures across City departments that utilize pesticides (Public Works, Parks and Recreation, Urban Forestry, Police, Fire, and Assessments Districts). The IPM coor dinator will report to the City’s NPDES manager to ensure the City is in compliance with the NPDES permit. Departments that have recurring pest management concerns shall appoint an IPM Liaison that serves as the communication lead for each department’s pest management related activities. Below is a bulleted list of the IPM coordinators and IPM Liaison responsibilities
IPM COORDINATOR
Appointed to lead a successful IPM implementation across City of Salinas departments to reduce pesticide use. Duties include:
• Facilitate implementation of the City’s IPM Policy and Procedures • Identify which City departments have recurring PHF use and establish an IPM Liaison at each department
• Confirm all PHF pesticide use at City facilities is entered monthly in the appropriate format by IPM Liaisons
• Coordinate an annual IPM training for City staff that cover s IPM practices , PHF application procedures, and safety guidelines
• Maintain a list of City staff that attended the IPM training, and the topics covered • Generate a specific plan to address recurring problem pests and establish action thresholds for chemical use
• Work closely with departmental staff to identify pilot IPM projects, and determine if an IPM specialist should be contracted to address a recurring pest issue • Stay current on all Federal (EPA), State (Department of Pesticide Regulation (DPR)), County Environmental Health, and local regulations related to PHF and provide updates to department personnel
• Review and approve all pesticide product request from IPM Liaisons • Update contract agreements with pest management vendors to ensure they adhere to the City’s IPM policy and procedures
• Maintain the City’s PHF inventory and verify all substances are approved and appropriately stored and disposed of
• Coordinate public outreach to businesses, residents, and general public about IPM practices • Generate an annual report showing pesticide use at City facilities • Ensure the annual report is available to the public
• Identify quantifiable targets and timelines for the City to reduce pesticide use • Periodically review (every two years) the IPM policy and make updates
6 | Apr-22
IPM LIAISON
Appointed from each City of Salinas department that has recurring or routine pest management activities to record and track all PHF usage within the respective department. Duties include:
• Review and be familiar with the City’s IPM Policy and Procedures • Ensure all department employees that may administer PHF receive necessary training and information on IPM
• Record monthly PHF use for their department and submit to IPM Coordinator • Request pest control services for department from an approved contractor list • Submit requests for new products to the IPM Coordinator for review and approval • Participate in periodic IPM meetings
IMPLEMENT IPM PRACTICES IN PEST MANAGEMENT
The first course of action for pest management at City operated facilities will be to adhere to the IPM principles which will be applied in determining treatment actions. IPM practices seek to increase the long-term prevention and suppression of pest problems with minimal impact on human health, the environment, and non -targeted organisms. Under I PM practices alternative control measures are leveraged instead of broad-spectrum pesticide application. All staff that may perform work related to pest management will be trained in IPM practices before pesticides are applied.
IPM PRACTICES
• Prevention – establish environmental conditions that minimize pest populations from thriving.
This may be achieved through proper landscape design, plant selection, irrigation, fertilizing, mulching, and waste management.
• Pest Identification – identify the unwanted pest or symptom causing damage and determine what environmental conditions contribute to pest population . Alter or modify conditions to eliminate pest habitat and reduce pest population.
• Monitor – evaluate pest populations after habitat conditions are modi fied and assess the damage
• Determine action threshold - determine a tolerable level of damage related to biological, aesthetic, or economic standard. Once damage has passed the defined threshold consider applying a combination of alternative control methods to address the problem. • Appropriate Management –apply control methods with the least risk to humans and the environment first when the pest population reaches treatment threshold . If biological, mechanical, and cultural practices aren't pro ducing results, use chemical controls that are appropriate for the site and the pest.
STAFF TRAINING
All City staff whose work involves pest management must be trained in IPM principles and given appropriate resources to minimize the need for chemical controls. Only a qualified applicator who has been trained in PHF application procedures, will be allowed to administer PHF controls at City maintained facilities. Applicators contracted by the City are required to be trained in safety precautions, pest biology, proper use of personal protective equipment, proper storage and handling of pesticides, local Integrated Pest Management Policy | 7
environmental concerns, employee rights regarding pesticide use, and California Department of Pesticide Regulation and Monterey County guidelines. Training unlicensed personnel in pesticide and herbicide safety protocols must occur before the application of any pesticide, regardless of its toxicity.
In addition, training procedures must be updated annually to ensure optimized safety for all personnel.
The IPM coordinator will schedule an annual training to cover the IPM related topics which may include:
• IPM decision making principles and practices
o Common practices to prevent pest populations from establishing o Common pests observed locally and effective biological, mechanical, and cultural controls
o Establish action thresholds for commonly targeted pests o Establish monitoring protocols for tracking targeted pest populations
• Pesticide application and safety guidelines
o All application protocols listed in the IPM policy section below o Environmental concerns, such as drift and runoff and stormwater quality impacts. o Information on the pesticide label concerning human health effects. o Regulatory requirements, including Material Safety Data Sheets (MSDS) and Pesticide Safety Information Series (PSIS)
o USEPA & DPR pesticide regulatory activities as they relate to urban water quality o Hazards of the pesticide, including acute and long-term effects o Pesticide poisoning symptoms and how PHF can enter the body o Need for, limitations, use, and cleaning of personal protective equipment (PPE) o Emergency first aid and how to get emergency medical care o Routine and emergency decontamination and spill procedures o Safety procedures for handling and transporting PHF
o Proper storage and disposal for PHF
o Location of hazard communication information.
o Employee rights related to pesticide application
A list of City staff that attend the training and apply PHF will be managed by the IPM Coordinator. Copies of the record form will be made available for the employee, the City, as well as local and State officials.
APPLICATION PROTOCOLS
PHF application will only be used when alternative methods are not effective or feasible. In situations where chemical measures are needed best practices and standard application procedures shall be adhered to by City staff and contractors.
GENERAL APPLI CATION BEST PRACTICES
• PHF shall not be applied in rainy conditions where runoff may mobilize pesticides into waterways.
Weather criteria that prohibit pesticide application includes:
o Two or more consecutive days with 50% chance of rainfall o Within a 48-hr window following a 0.2 inch per hour rain event o When water is flowing off the area where the application is to occur • PHF shall not be applied within 50 feet of a water body 8 | Apr-22
• PHF shall not be applied when winds exceed 10 miles per hour
STANDARD APPLICATION PROCEDURES
• Identify the pest requiring chemical control and select the appropriate pesticide • PHF applied within the City must be approved by the IPM coordinator before application • Select reduced-risk pesticide for application and use the minimum amount needed to be effective • Apply pesticide at the most effective time based on pest biology season, local conditions, and local environmental considerations to avoid contamination • Acknowledge the Hazard Tier of the PHF being applied
• Continued monitoring of pest population and effectiveness of control methods
PHF STORAGE AND DISPOSA L
• All PHF substances owned and used by the City shall be stored in accordance with the label’s instructions
• Stored p esticide container s must include the name of pesticide, category, EPA registration number, active ingredient, precautionary statements, first aid, and PPE instructions • Storage locations will be properly marked with visible warning notices in English and Spanish • Any banned substances will be removed from the City’s inventory and properly disposed of in accordance with the label or DPR guidelines
• Annually the IPM coordinator will inspect pesticide storage locations to ensure substances are stored appropriately and any unregistered or banned substances are removed • PHF substances will be transported in accordance with the DPR guidelines • Empty PHF containers must be triple rinsed and drained into the spraying equipment on site by the user. Rinse should be applied to the treated area. For equipment with a rinsing unit, properly place the container in the machine letting liquid drain into tank, rinsing until clean. • In case of a pesticide spill, follow DPR protocols – control spill, contain spill, and clean spill. Call the toll-free number on the label of the chemical for guidance on spill clean -up procedures.
Notify your employer as soon as it is safe and practical to do so. • Cleaned pesticide containers are never “empty” and need to be labeled and stored in a locked area as if they still have pesticides in them.
• Dispose of unwanted pesticides as recommended on the label or return to the manufacturer to avoid potential misuse or environmental contamination. Contact the county agricultural commissioner or county’s waste disposal agency for more information.
APPLICATOR OVERSIGHT
Any person applying pesticides in the City of Salinas, either City staff or contractors, must be trained and qualified in both IPM practices and pesticide application. City departments that contract for pest management services shall update the contract agreement to ensure the City’s IPM policies and guidelines are adhered to by all contractors. When feasible the City will look to contract pest management business with third-party certifications (i.e., Green Pro, Eco-Wise, Green Shield) to utilize IPM practices. Contracted vendor s may be asked to provide service records documenting pest monitoring activities, pesticide application records, and recommendations provided to facility managers.
Integrated Pest Management Policy | 9
Applicator must have the following information available when applying chemicals at City owned facilities:
• Pesticide label
• Pesticide MSDS
• Medical emergency contact information
RECORD KEEPING & REPORTING PESTICIDE USE
Pesticide application by City staff and its contractors will be documented and maintained by the IPM Coordinator. The IPM coordinator will work with department IPM Liaisons to maintain accurate records for pesticide use. Records will be updated by each department’s IPM Liaison at an interval and timeline designated by the IPM coordinator. Additionally, the IPM coordinator will review data and verify that it is entered into the City’s database within two weeks of submission. All pesticide use data will be compiled annually by the IPM coordinator and submitted by January 31st in the NPDES Stormwater Annual Report.
RECORD KEEPING
Any pesticides applied at City maintained facilities by City staff or contractors will track the following information:
• Pesticide applied
• Active ingredient
• Applicator name
• Department affiliation
• Application Date/Time
• Application location
• Weather conditions
• Targeted Pest treated
• Volume Applied /unit
• Size of Area applied /units
REPORTING
The IPM coordinator will review, compile, and generate an annual report showing the City’s pesticide use. The report will be generated by January 31
st of each year and will cover pesticide use from the
previous water year (October 1 – September 30th). Submission of this report will be part of the City’s NPDES Stormwater Annual Report related to municipal maintenance. The IPM coordinator will ensure the report is posted and available for public. Annual reports will include:
• Total pesticide applied at City maintained facilities • Total pesticide applied by department and the targeted pest • List of licensed applicators contracted in the City
• Link to a digital map showing where pesticides were applied in reporting year • Summary listing trainings, attendees, and public outreach efforts conducted to promote IPM will be kept on file by the City
• Discuss opportunities for reducing pesticide use in future years
10 | Apr-22
PUBLIC OUTREACH
Public education and outreach efforts will be conducted to distribute information about the benefits of IPM practices.
• Handout IPM information and resources at public outreach events and on the Clean Water Salinas website
• Ensure City’s pesticide use data and annual report is available to public • Make available point of purchase outreach materials to pesticide retailers in the City. M aterials will include targeted information on proper pesticide use and disposal, environmental impacts of pesticides on water quality, and less toxic pest control alternatives. • Conduct outreach to residents and businesses who may hire structural pest control and landscape professionals. Provide information on links between pesticide use and water quality, information about IPM certification programs, and hiring information for structural pest control operators and landscape professionals.
• Encourage pest control professionals to become IPM certified through third -party certifications through Green Pro, Eco-Wise, or Green Shield.
• Using the Permittee’s Commercial Pesticide Applicator Inventory, target focused outreach to licensed commercial pesticide applicators posing the highest risk to water quality.
Appendix 1 - City of Salinas Pesticide Application
Table 1 – 2020-21 Rain Events
Start Date End Date Duration
(Days)
Rainfall
amount (in)
11/6/2020 11/7/2020 2 0.24
11/13/2020 11/13/2020 1 0.06
11/17/2020 11/18/2020 2 0.07
12/11/2020 12/11/2020 1 0.16
12/13/2020 12/13/2020 1 0.13
12/17/2020 12/17/2020 1 0.17
12/26/2020 12/28/2020 3 0.04
12/30/2020 12/31/2020 2 0.07
1/3/2021 1/4/2021 2 0.02
1/22/2021 1/22/2021 1 0.23
1/24/2021 1/24/2021 1 0.14
1/26/2021 1/29/2021 4 3.07
2/2/2021 2/2/2021 1 0.07
2/11/2021 2/13/2021 3 0.2
2/15/2021 2/15/2021 1 0.01
2/20/2021 2/20/2021 1 0.05
3/6/2021 3/6/2021 1 0.05
3/9/2021 3/10/2021 2 0.6
3/14/2021 3/14/2021 1 0.12
3/18/2021 3/19/2021 2 0.2
4/20/2021 4/20/2021 1 0.02
4/25/2021 4/25/2021 1 0.02
5/14/2021 5/14/2021 1 0.01
7/3/2021 7/3/2021 1 0.02
7/5/2021 7/5/2021 1 0.02
Total 38 5.79
Average 2 0.23
Yellow highlights indicate rain events that produced 0.5 inches or more precipitation with 48 hours between rain events.
Table 2 – Rain Fall Comparison per Year
2012
-2013
2013
-2014
2014
-2015
2015
-2016
2016
-2017
2017
-2018
2018
-2019
2019
-2020
2020
-2021
Rainfall (in) 10.12 5. 88 9.58 13.73 16.13 7.26 12.34 9.18 5.79 Duration
(Days) 50 45 42 58 65 45 63 44 38
Figure 1 - Rainfall comparison per year
0 2
4 6
8 10
12 14
16 18
2012
-2013
2013
-2014
2014
-2015
2015
-2016
2016
-2017
2017
-2018
2018
-2019
2019
-2020
2020
-2021
Rainfall (in)
Permit Year
Table 3 – PHF application conducted within 7 days prior to a 0.5-in rain event
2012-
13 2013-
14 2014-
15 2015-
16 2016-
17 2017-
18 2018-
19 2019-
20 2020-
21 Speedzone (H) 21 68 0 55 46 0 0 0 0
Ranger Pro (H) 1010 1190 189 451 156 0 0 0 0
Pendulum (H) 0 0 0 80 79 0 0 0
Roundup (H) 682 80 1122 768 942 2686 299 200 0
Liberate (H) 0 0 0 0 0 704 0 0 0
LifeLine/Cheetah
(H) 0 0 0 0 0 0 0 0 0
Grass Getter (H) 0 0 0 0 0 0 0 0 0
Turflon (H) 0 0 0 65 0 0 0 0 0
Total Pesticide 0 0 0 0 0 0 0 0 0
Total Herbicide 1713 1338 1311 1419 1223 3390 298.5 200 0 Total Fertilizer 0 0 0 0 0 0 0 0 0
Figure 2 - PHF application conducted within 7 days prior to a 0.5-in rain event 21 68 55 4680 79
682
80 1122
768
942
2686
299 200
080 79
704
0 500
1000
1500
2000
2500
3000
2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 PHF Applied (oz) within 7 days of 1/2" Rain
Event
Permit Year
Speedzone (H) Ranger Pro (H) Roundup (H) Turflon (H) Pendulum (H) Liberate (H) Table 4 – PHF Usage in 2020-2021
Date Division Speedzone
(H)
Ranger Pro
(H)
Roundup
(H)
Liberate
(H)
LifeLine/Che
etah (H)
Grass
Getter (H) Pointer (P)
Within
7 Days
of Rain
Event?
2,4-
Dichlorophen
oxyacetic
acid Glyphosate Glyphosate
Surfactant
Blend
Glufosinate
ammonium Sethoxydim Imidacloprid
28.57% 41% 50% 100% 24.50% 18% 5%
10/1/2019 City* 439.04 192 288 No
10/2/2019 City 281.6 166.4 224 No
10/4/2019 City 224 89.6 224 No
10/2/2020 City 268.8 76.8 192 No
10/5/2020 City 448 128 320 No
10/6/2020 City 492.8 140.8 352 No
10/7/2020 City 403.2 115.2 288 No
10/8/2020 City 672 192 480 No
10/9/2020 City 313.6 89.6 224 No
10/12/2020 City 537.6 153.6 384 No
10/13/2020 City 448 192 320 No
10/14/2020 City 313.6 89.6 224 No
10/15/2020 City 448 128 320 No
1/4/2021 S & E* 16 4 No
1/5/2021 S & E 16 4 No
1/12/2021 S & E 16 4 No
2/2/2021 S & E 32.3 28 No
2/2/2021 New Image 144 No
2/3/2021 S & E 32.3 28 No
2/5/2021 S & E 32.3 28 No
2/10/2021 S & E 32.3 28 No
2/16/2021 S & E 32.3 28 No
2/22/2021 S & E 32.3 28 No
2/23/2021 S & E 32.3 28 No
2/25/2021 S & E 32.3 28 No
4/1/2021 City 320 96 224 No
4/2/2021 City 416 128 288 No
4/5/2021 City 320 96 224 No
4/5/2021 S & E 71.4 73 2.7 No
4/6/2021 City 352 96 256 No
4/7/2021 City 448 128 320 No
4/8/2021 City 544 160 384 No
4/8/2021 S & E 71.4 73 2.7 No
4/9/2021 City 320 96 224 No
4/12/2021 City 320 96 224 No
4/12/2021 S & E 71.4 73 2.7 No
4/13/2021 City 448 128 320 No
4/14/2021 City 192 64 128 No
4/15/2021 City 320 96 224 No
4/16/2021 City 320 96 224 No
4/19/2021 City 320 96 224 No
4/23/2021 S & E 71.4 73 2.7 No
4/28/2021 S & E 71.4 73 2.7 No
4/30/2021 S & E 71.4 73 2.7 No
6/2/2021 S & E 57.6 48 No
6/4/2021 S & E 57.6 48 No
6/9/2021 S & E 57.6 48 No
6/11/2021 S & E 57.6 48 No
6/24/2021 S & E 57.6 48 No
Date Division Speedzone
(H)
Ranger Pro
(H)
Roundup
(H)
Liberate
(H)
LifeLine/Che
etah (H)
Grass
Getter (H) Pointer (P)
Within
7 Days
of Rain
Event?
2,4-
Dichlorophen
oxyacetic
acid Glyphosate Glyphosate
Surfactant
Blend
Glufosinate
ammonium Sethoxydim Imidacloprid
28.57% 41% 50% 100% 24.50% 18% 5%
7/5/2021 New Image 6 No
7/6/2021 S & E 600 400 No
7/7/2021 S & E 344 344 No
7/13/2021 S & E 8 8 No
7/13/2021 S & E 8 8 No
7/13/2021 S & E 40 40 No
7/15/2021 S & E 40 40 No
7/23/2021 S & E 72 72 No
7/26/2021 S & E 16 16 No
8/20/2021 S & E 24 No
8/25/2021 S & E 8 No
8/26/2021 S & E 140 No
8/31/2021 S & E 140 No
9/1/2021 S & E 24 24 No
Speedzone
(H)
Ranger Pro
(H)
Roundup
(H) Liberate (H) LifeLine/Che
etah (H)
Grass
Getter (H) Pointer (P) Total
(oz)
Total Amount of Product
used in 2020-21 (oz) 266 150 12,375 3,130 8,734 12 16 24,666 Total Amount of Product
within 7 Days of Rain (oz) 0 0 0 0 0 0 0 0
* Applicators: City - City Public Works Maintenance Division S & E - Smith & Enright Landscaping, Inc
New Image - New Image Landscape Company
** Surfactant blend: Lecithin, methyl esters of fatty acids, and alcohol ethoxylate
By Products
Speedzone
(H)
Ranger
Pro (H)
Roundup
(H)
Liberate
(H)
LifeLine/Cheetah
(H)
Grass
Getter (H)
Pointer
(P)
Total
(oz)
Total Amount of Product
used in Year 7 (oz) 266 150 12,375 3,130 8,734 12 16 24,666 Total Amount of Product
within 7 Days of Rain (oz) 0 0 0 0 0 0 0 0
By Active Ingredients
2,4-Dichlorophe
noxyacetic acid Glyphosate Glyphosate Surfactant
Blend
Glufosinate
ammonium Sethoxydim Imidacloprid
Total Amount of Product
used in 2020-2021 (oz) 76 62 6,212 3,130 2,140 2 1
Total Amount of Product
within 7 Days of Rain (oz) 0 0 0 0 0 0 0
Table 5 – Comparison of Total PHF Application from 2012 to 2021
2012-
2013
2013-
2014
2014-
2015
2015-
2016
2016-
2017
2017-
2018
2018-
2019
2019-
2020
2020-
2021
Speedzone (H) 236 650 1,357 652 943 1,021 218 258 266
Ranger Pro (H) 15,190 14,102 13,382 13,416 10,977 441 601 316 150 Roundup (H) 3,250 2,354 7,785 4,142 11,874 21,578 21,659 11,055 12,375 Surflan (H) 512 2,701 320
Turflon (H) 80 325 285
Pendulum (H) 1,290 657 752 627 1,162 81
Trimec (H) 4
Fusilade (H) 6 3
Grass Getter (H) 20 24 12
Liberate (H) 4,352 4,608 4,966 3,603 3,130
LifeLine/Cheeta
h (H)
4,756 8,734
Gastoxin Tablets
(P) 55 tabs
Sluggo (P) 16
Pointer (P) 16
Lesco Pro (F) 12,000
Turfgro (F) 6,000
Total Pesticide 0 16 0 0 0 0 0 0 16
Total Herbicide 19,207 19,891 24,459 19,158 28,898 28,274 28,610 20,093 24,666 Total Fertilizer 12,000 0 0 0 0 6,000 0 0 0
Figure 3 – Total PHF application conducted in 2020-2021
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-282, Version: 1
Professional Services Agreement with E2 Consulting Engineers for the Industrial Wastewater Treatment Facility Expansion Project
Approve a Resolution approving a Professional Services Agreement in the amount of $1,131,000 between the City of Salinas and E2 Consulting Engineers for the Industrial Wastewater Treatment Facility Expansion Project.
City of Salinas Printed on 6/8/2022Page 1 of 1
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Page | 1
CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: JUNE 14, 2022
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, DIRECTOR
BY: BRIAN FRUS, SENIOR ENGINEER
TITLE: PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SALINAS AND E2 CONSULTING ENGINEERS FOR THE
INDUSTRIAL WASTEWATER TREATMENT FACILITY
EXPANSION PROJECT
RECOMMENDED MOTION:
A motion to 1) approve a Resolution approving a Professional Services Agreement in the amount of $1,131,000 between the City of Salinas and E2 Consulting Engineers for the Industrial Wastewater Treatment Facility Expansion Project ; 2) authorize an interfund loan of $1,131,000 from the General Fund to the Industrial Waste Fund ; and 3) authorize creation of and an appropriation to a dedicated CIP for the Industrial Wastewater Treatment Facility Expansion Project in the same amount from the Industrial Waste Fund.
RECOMMENDATION:
It is recommended that the City Council 1) approve a Resolution approving a Professional Services Agreement in the amount of $1,131,000 between the City of Salinas and E2 Consulting Engineers for the Industrial Wastewater Treatment Facility Expansion Project; 2) authorize an interfund loan of $1,131,000 from the General Fund to the Industrial Waste Fund; and 3) authorize creation of and an appropriation to a dedicated CIP for the Industrial Wastewater Treatment Facility Expansion Project in the same amount from the Industrial Waste Fund.
BACKGROUND:
The City of Salinas owns and operates an Industrial Wastewater Collection and Conveyance System (IWCCS) which takes agricultural process water from 26 industries . The system is comprised of a network of piping, and pump station, which covey wastewater to the Industrial Waste Treatment Facility (IWTF) for treatment and disposal.
Recent interest to develop additional processing facilities both at an existing industry location and in the Salinas Agricultural Industrial Center has created additional need for capacity at the IWTF.
Calculations show that an additional 1 million gallons per day (mgd) of average flow capacity is Page | 2
needed over the existing permitted flow of 4 mgd to meet the new demands. Currently wastewater is treated by aeration and then disposed of by percolation and evaporation at the IWTF. The infrastructure also exists to export water from the IWTF via a pump station w hich can discharge directly to the Monterey One Water (M1W) interceptor which flows to the Regional Treatment Plant in Marina.
Capacity expa nsion effort s will focus on increasing treatment by augmenting the aeration capability and to rely on the ability to export the wastewater for recycling rather than enhancing onsite disposal. This approach will require modifications to the facility permits, a CEQA process and creating a new agreement with M1W and the Monterey County Water Resources Control Agency.
In addition, grant and other funding efforts will be required to secure the necessary working capital to implement the improvements needed. In all, the capital improvements include:
Aeration Lagoon expansion and addition of aerators
Pond automation and flow distribution
Pond 3 Pumpstation expansion
Pond aeration motor efficiency upgrades
Influent Pump Station flow metering
Electrical equipment relocation
Backup power
Airport Lift Station upgrades
Overall, these efforts will require the services of several consultants. In the case of E2 Consulting, tasks to be performed for the IWTF Expansion Project will include the following:
Design of the above listed improvements (except for the Airport Lift Station) Project management and meetings
CEQA and permitting support
Funding and grant application support
Plans, specifications, and engineering estimates
Final bid documents and construction bid phase services Given the ambitious scope of work to be completed over the next four years, the need to engage consultants is pressing in order stay on schedule . E2 Consulting is intimately familiar with the IWTF, having performed the engineering and design services for the Proposition 1 Stormwater grant work. E2 has also been selected by staff to be awarded the next round of grant implementation design work which integrates with this expansion effort. Additionally, staff believes E2 Consulting is a very qualified vendor to assist the City with the implementation of these expansion activities, including engineering, design, and construction support services. City staff recommends sole source award of this work to E2 Consulting as no other consulting entity is currently as familiar with the City’s needs and challenges associated with this effort and has the ability to begin work immediately.
Page | 3
CEQA CONSIDERATION:
The City of Salinas believes that the proposed action is a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378). This is because the project will result “in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment ” and is “an activity directly undertaken by any public agency including but not limited to public works construction and related activities” including “ clearing or grading of land ”. The determination as to whether the project has the potential for causing a “significant effect on the environment” will be determined in the course of the CEQA process as will the nature and extent of the relevant information compiled and submitted.
STRATEGIC PLAN INITIATIVE:
The proposed project and agreement meet the City Council’ s Strategic Plan Initiatives of Investment Strategies/Risk Management, and Operational Efficiencies.
DEPARTMENTAL COORDINATION:
This project will rely on coordination between the Water, Waste and Energy (WWE) division in Public Works, Finance, Community Development, Legal and the City Manager’s office . WWE will oversee the overall execution of the project, while coordinating with Finan ce and the City Manager on funding, Legal for agreements and Community Development for liaison with the developer(s).
FISCAL AND SUSTAINABILITY IMPACT:
The total estimated cost for the scope of work contained in the Professional Services Agreement is $1,131,000. A total of $1,131,000 will be transferred and held in reserve in a CIP dedicated to the IWTF Expansion Project to include professional services and implementation.
Initial funding for the project will come from an interfund loan of $1,131,000 from the General Fund to the Industrial Waste Fund.
Overall, the project implementation is estimated to cost $40M. Staff believes that State Revolving Fund loans and several grant funding opportunities are strong possibilit ies. The s cope of this proposal includes researching multiple funding possibilities as full funding for the project may likely require utilization of a number of different sources.
ATTACHMENTS:
Resolution
Professional Services Agreement City of Salinas and E2 Consulting Engineers for the Industrial Wastewater Treatment Facility Expansion Project
RESOLUTION NO. _______(N.C.S.)
A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SALINAS AND E2 CONSULTING ENGINEERS FOR THE
INDUSTRIAL WASTEWATER TREATMENT FACILITY EXPANSION PROJECT
WHEREAS, recent interest to develop additional processing facilities both at an existing industry location and in the Salinas Agricultural Industrial Center has created additional need for capacity at the IWTF; and
WHEREAS, the ambitious scope of work to be completed over the next four years, the need to engage consultants is pressing in order stay on schedule; and
WHEREAS, staff recommends sole source award of this work to E2 Consulting as no other consulting entity is currently as familiar with the City’s needs and challenges associated with this effort and has the ability to begin work immediately; and
WHEREAS, the City of Salinas believes that the proposed action is a project as defined by the California Environmental Quality Act given its potential to affect direct physical change in the environment and hence has included CEQA efforts in the scope of work.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALINAS, that agreement between the City of Salinas and E2 Consulting Engineers, Inc. to provide professional services related to the Industrial Wastewater Treatment Facility Expansion Project in the amount of $1,131,000 is hereby approved; and
BE IT FURTHER RESOLVED that the City Council approves an interfund loan of $1,131,000 from the General Fund to the Industrial Waste Fund; and
BE IT FURTHER RESOLVED that the City Council authorizes creation of and an appropriation to a dedicated CIP for the Industrial Wastewater Treatment Facility Expansion Project in the same amount of $1,131,000 from the Industrial Waste Fund; and
BE IT FURTHER RESOLVED that the Mayor of Salinas is hereby authorized and directed, for and on behalf of the City of Salinas, and as its act and deed, to execute the attached Agreement for Professional Services between the City of Salinas, a Ch arter City, and E2 Consulting Engineers, Inc., a California Corporation; and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute extensions and/or non-substantive modifications to the Agreement, as necessary.
PASSED AND ADOPTED this 14th day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
AGREEMENT
FOR PROFESSIONAL SERVICES FOR
ENVIRONMENTAL CONSULTANTS/
CONTRACTORS BETWEEN
THE CITY OF SALINAS AND E2
CONSULTING ENGINEERS, INC
Contents
RECITALS ................................................................................................................................. 1 TERMS ....................................................................................................................................... 1
1. Scope of Service. ................................................................................................................. 1
2. Term; Completion Schedule. ............................................................................................... 1
3. Compensation ...................................................................................................................... 1
4. Billing .................................................................................................................................. 1
5. Meet and Confer. ................................................................................................................. 2
6. Additional Copies. ............................................................................................................... 2
7. Responsibility of Consultant. ............................................................................................... 2
8. Responsibility of City. ......................................................................................................... 2
9. Acceptance of Work Not a Release. .................................................................................... 3
10. Indemnification and Hold Harmless. ................................................................................... 3
11. Insurance. ............................................................................................................................. 3
12. Access to Records. ............................................................................................................... 3
13. Assignment. ......................................................................................................................... 3
14. Changes to Scope of Work. ................................................................................................. 3
15. Ownership of Documents. ................................................................................................... 4
16. Termination. ......................................................................................................................... 4
17. Compliance with Laws, Rules, and Regulations. ................................................................ 5
18. Exhibits Incorporated. .......................................................................................................... 5
19. Independent Contractor. ....................................................................................................... 5
20. Integration and Agreement. ................................................................................................. 5
21. Jurisdiction. .......................................................................................................................... 5
22. Severability. ......................................................................................................................... 5
23. Notices. ................................................................................................................................ 5
24. Nondiscrimination................................................................................................................ 6
25. Conflict of Interest. .............................................................................................................. 6
26. Headings. ............................................................................................................................. 7
27. Attorneys’ Fees .................................................................................................................... 7
28. Non-Exclusive Agreement. .................................................................................................. 7
29. Rights and Obligations Under Agreement. .......................................................................... 7
30. Licenses................................................................................................................................ 7
31. Counterparts. ........................................................................................................................ 7
32. Legal Representation. .......................................................................................................... 7
33. Joint Representation. ............................................................................................................ 7
34. Warranty of Authority.......................................................................................................... 7
35. No Waiver of Rights. ........................................................................................................... 8 Exhibit A- Insurance Requirements for Environmental Contractors and/or Consultants .......... 9 Exhibit B- Scope of Service ..................................................................................................... 12
Enviro. Prof. Services Agreement v. January 2021 Page 1 of 12 E2 Consulting Engineers, Inc.
June 2022
AGREEMENT FOR PROFESSIONAL SERVICES FOR ENVIRONMENTAL
CONSULTANTS/CONTRACTORS BETWEEN
THE CITY OF SALINAS AND E2 CONSULTING ENGINEERS INC
This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 14th day of June, 2022, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and E2 Consulting Engineers, Inc., a California corporation, (hereinafter “Consultant”).
RECITALS
WHEREAS, Consultant represents that he, she or it is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and
WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, City and Consultant agree as follows:
TERMS
1. Scope of Service. The project contemplated and the scope of Consultant’s services are described in Exhibit B, attached hereto and incorporated herein by reference.
2. Term; Completion Schedule. This Agreement shall commence on June 14, 2022, and shall terminate on June 13, 2024, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties, and may be terminated only pursuant to the terms of this Agreement.
3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed one million, one hundred thirty-one thousand dollars ($1,131,000).
4. Billing. Consultant shall submit to City an itemized invoice, prepared in a form satisfactory to City, describing its services and costs for the period covered by the invoice.
Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant’s bills shall include the following information to which such services cost or pertain:
(A) A brief description of services performed;
(B) The date the services were performed;
(C) The number of hours spent and by whom;
(D) A brief description of any costs incurred; and
(E) The Consultant’s signature.
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Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.
City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant. The City shall process undisputed portion immediately.
5. Meet and Confer. Consultant agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by the City to ensure timely and adequate performance of the Agreement.
6. Additional Copies. If City requires additional copies of reports, or any other material which Consultant is required to furnish as part of the services under this Agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the actual costs related to the production of such copies by Consultant.
7. Responsibility of Consultant. By executing this Agreement, Consultant agrees that the services to be provided and work to be performed under this Agreement shall be performed in a fully competent manner. By executing this Agreement, Consultant further agrees and represents to City that the Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the services contemplated under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant’s work. Consultant further agrees and represents that Consultant shall follow the current, generally accepted practices in this area to the profession to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement.
8. Responsibility of City. To the extent appropriate to the projects to be completed by Consultant pursuant to this Agreement, City shall:
(A) Assist Consultant by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the projects. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City.
(B) Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Consultant.
(C) Steve Carrigan, City Manager, or his designee, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall have the
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June 2022
complete authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services. City may unilaterally change its representative upon notice to the Consultant.
(D) Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.
9. Acceptance of Work Not a Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Consultant from professional responsibility for the work performed.
10. Indemnification and Hold Harmless.
Consultant agrees to indemnify, including the cost to defend, City and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City; and does not apply to any passive negligence of the City unless caused at least in part by the Design Professional.
11. Insurance.
Consultant shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.
12. Access to Records. Consultant shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Consultant’s usual and customary business hours.
Consultant shall provide proper facilities to City’s representative(s) for such access and inspection.
13. Assignment. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City.
14. Changes to Scope of Work. City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be completed under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Rate of compensation shall be based upon the Consultant’s rates shown in Exhibit B of this
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Agreement. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes. Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.
15. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City’s behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify the Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Consultant.
16. Termination.
(A) City shall have the authority to terminate this Agreement, upon written notice to Consultant, as follows:
(1) If in the City’s opinion the conduct of the Consultant is such that the interest of the City may be impaired or prejudiced, or
(2) For any reason whatsoever.
(B) Upon termination, Consultant shall be entitled to payment of such amount as fairly compensates Consultant for all work satisfactorily performed up to the date of termination based upon the Consultant’s rates shown in Exhibit B and/or Section 3 of this Agreement, except that:
(1) In the event of termination by the City for Consultant’s default, City shall deduct from the amount due Consultant the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Consultant are made to compensate City for its actual additional costs incurred in securing satisfactory performance of the terms of this Agreement, including but not limited to, costs of engaging another consultant(s) for such purposes. In the event that such additional expenses shall exceed amounts otherwise due and payable to Consultant hereunder, Consultant shall pay City the full amount of such expense. (C) In the event that this Agreement is terminated by City for any reason, Consultant shall: (1) Upon receipt of written notice of such termination promptly cease all services on this project, unless otherwise directed by City; and (2) Deliver to City all documents, data, reports, summaries, correspondence, photographs, computer software output, video and audio tapes, and any other materials provided to Consultant or prepared by or for Consultant or the City in connection with
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this Agreement. Such material is to be delivered to City in completed form; however, notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such material.
(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.
(E) The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.
17. Compliance with Laws, Rules, and Regulations. Services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.
18. Exhibits Incorporated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities of the parties.
19. Independent Contractor. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or servant of the City.
20. Integration and Agreement. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.
21. Jurisdiction. This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.
22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
23. Notices.
(A) Written notices to the City hereunder shall, until further notice by City, be addressed to:
Enviro. Prof. Services Agreement v. January 2021
E2 Consulting Engineers, Inc.
June 2022
City Manager
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
With a copy to:
City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
(B) Written notices to the Consultant shall, until further notice by the Consultant, be addressed to:
E2 Consulting Engineers, Inc.
2100 Powell Street, Suite 850
Emeryville, CA 94608
(510) 652-1164
(C) The execution of any such notices by the City Manager shall be effective as to Consultant as if it were by resolution or order of the City Council, and Consultant shall not question the authority of the City Manager to execute any such notice.
(D) All such notices shall either be delivered personally to the other party’s designee named above, or shall be deposited in the United States Mail, properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail.
24. Nondiscrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.
25. Conflict of Interest. Consultant warrants and declares that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, in any manner or degree which will render the services required under the provisions of this Agreement a violation of any applicable local, state or federal law. Consultant further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to
Enviro. Prof. Services Agreement v. January 2021
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June 2022
Consultant as the result of Consultant’s performance of the work or services pursuant to the terms of this Agreement.
26. Headings. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.
27. Attorneys’ Fees. In case suit shall be brought to interpret or to enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys’ fees in addition to such costs as may be allowed by the Court. City’s attorneys’ fees, if awarded, shall be calculated at the market rate.
28. Non-Exclusive Agreement. This Agreement is non-exclusive and both City and Consultant expressly reserves the right to contract with other entities for the same or similar services.
29. Rights and Obligations Under Agreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.
30. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its representatives, agents or subcontractors by federal, state or local law, Consultant warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.
31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
32. Legal Representation. Each party affirms that it has been represented by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.
33. Joint Representation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.
34. Warranty of Authority. Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.
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35. No Waiver of Rights. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any of the terms of this Agreement shall not constitute a waiver thereof.
Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. A waiver by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written above.
CITY OF SALINAS
__________________________________
Steve Carrigan
City Manager
APPROVED AS TO FORM:
_________________________________
□ Christopher A. Callihan, City Attorney or
□ Rhonda Combs, Assistant City Attorney
CONSULTANT
___________________________________
By Vinod Badani, PE
Its Vice President
5-31-2022
Enviro. Prof. Services Agreement v. January 2021
E2 Consulting Engineers, Inc.
June 2022
Exhibit A- Insurance Requirements for Environmental Contractors and/or Consultants
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees, or subcontractors. With respect to General Liability, Errors & Omissions, Contractor’s Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after Contract completion.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form CA 0001 covering any auto (Code 1), or if Consultant has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
4. Contractor’s Pollution Liability (“PLL”) and/or Asbestos Pollution Liability and/or Errors & Omissions: Insurance applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, the Consultant shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Consultant shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Enviro. Prof. Services Agreement v. January 2021
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June 2022
Other Insurance Provisions
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Forms CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
2. For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Salinas, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Consultant pursuant to the contract. This coverage may also be provided on the Contractor’s PLL policy.
C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:
1. The retroactive date must be shown, and must be before the date of the contract or the beginning of Agreement of work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Consultant must purchase an extended period coverage for a minimum of five (5) years after completion of Agreement work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead-based paint or asbestos identification / remediation, the Contractor’s PLL policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Contractor’s PLL shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.
Enviro. Prof. Services Agreement v. January 2021
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June 2022
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII if admitted in the State of California. If Contractor’s Pollution Liability, Asbestos Pollution and/or Errors & Omissions coverages are not available from an admitted insurer, the coverage may be written by a non-admitted insurance company. A non-admitted company should have an A.M.
Best rating of A:X or higher. Exception may be made for the California State Compensation Insurance Fund if not rated.
Verification of Coverage
Consultant shall furnish the City with original certificates of insurance and amendatory endorsements, or copies of the applicable insurance policy language effecting coverage required by this contract and a copy of the Declarations and Endorsements page of the policy listing all policy endorsements. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Waiver of Subrogation
Consultant hereby grants to City a waiver of subrogation which any insurer may acquire against City, its officers, officials, employees, and volunteers, from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Consultant, its employees, agents, and subcontractors.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City of Salinas is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as ISO CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Maintenance of Insurance
Maintenance of insurance by Consultant as specified shall in no way be interpreted as relieving Consultant of its indemnification obligations or any responsibility whatsoever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary.
Enviro. Prof. Services Agreement v. January 2021
E2 Consulting Engineers, Inc.
June 2022
Exhibit B- Scope of Service
[Scope of Service; Compensation]
E2 Consulting Engineers, Inc. | 2100 Powell Street, Suite 850 | Emeryville, CA 94608 510.652.1164 main | 510.355.3611 fax | www.e2.com
April 29, 2022
Mr. Brian Frus, PE
Water, Waste and Energy Division Manager
City of Salinas Public Works Department
200 Lincoln Avenue
Salinas, CA 93901
Subject: Proposal to provide Engineering Services for Improvements to IWTF Preliminary Design, Final Design and Bidding Phase Services Dear Brian,
E2 Consulting Engineers, Inc. (E2) is pleased to submit proposal for the requested professional services for the City’s Industrial Wastewater Treatment Facility (IWTF) Improvements.
Improvements at IWTF are anticipated in three separate construction contracts. Three Construction Contracts are:
Contract 1 – Improvements to Existing Aeration Lagoon and New Aeration Lagoon in Pond 1 Contract 2 – Pond Automation and Flow Distribution and Pond 3 Pump Station Up-Grade Contract 3 – Aeration VFD and Back-Up Power
Scope of Project for IWTF Improvements is summarized in Attachment A-1.
Scope of Work for each Construction Contract is provided in Attachment A-2.
Engineering costs for each construction contract is provided in Attachments B-1, B-2 and B-2.
Schedules of Professional Rates are provided in Exhibits B-1 and B-2 E2 has a clear understanding of the City of Salinas’ (City’s) objectives and goals for this project.
E2 and Frisch Engineering Inc. has provided engineering services at this facility in the past and are very familiar with past improvements and City’s requirements.
Key lead members of our proposed team are Vinod Badani, Loren Weinbrenner, Drew McIntyre, Joe Reichenberger and Tom Frisch of Frisch Engineering Inc.
Key members of the E2 team have been working together on water and wastewater projects in Monterey County for more than 30 years. Among those projects are many sponsored by the City of Salinas and M1W. The E2 team is highly familiar with the unique charact eristics of the area, City’s preferences and how these conditions affect the delivery and performance of engineered projects.
Proposal to provide Engineering Services for Improvements to IWTF April 29, 2022
2 E2 is proud of having excellent working relations with its clients and proves this by repeated work with the same clients over many years. It is the culture of E2 leadership to listen to clients to understand their interests, discuss preferred operational strategies, offer suggestions and explanations for solutions to project challenges, and be responsive to the client feedback. We encourage you to contact our references to verify how we work cooperatively with our clients to deliver projects.
We look forward to continuing our relationship with the City of Salinas Public Works Department.
If need any additional information, please contact me at 510-754-6560 Thanks you very much.
Sincerely,
Vinod M. Badani, P.E.
Vice President
Attachment A-1 – Page 1
ATTACHMENT A-1
City of Salinas – IWTF Improvements
SCOPE OF PROJECT
City of Salinas (City) has identified improvements required for the existing Industrial Wastewater Treatment Facility (IWTF). Recommended components for i mprovements are as described below:
A. Project Components – Improvements at IWTF
1. Existing Aeration Lagoon Improvements. The existing Aeration Lagoon currently has twelve (12) 50- hp surface aerators installed. To meet existing treatment capacity, City staff has recommended replacing four (4) aerators with new units of the same capacity as the existing aerators. In addition , City staff is also recommending the existing electrical and communication systems be upgraded.
2. New Aeration Lagoon . An additional Aer ation Lagoon is required to meet the required treatment during winter flows. An additional lagoon volume of 15 MG is required. The n ew Aeration Lagoon will be constructed within the existing percolation Pond 1 by constructing a new berm within Pond 1. The new aeration lagoon will have five (5) new aerators of the same ca pacity as in the existing Lagoon (50-hp each) . Electrical and communication improvements made under item 1 above, will be designed to incorporate requirements for the new Aeration Lagoon.
3. Pond Automation and Flow Distrib ution. This component includes facilities for additional automation that will enhance plant monitoring and operation. The proposed improvements include new piping /valves, level controls, slide gates and electrical/communication. Two such packages are anticipated, one b etween Pond 1 and Pond 2 and the second between Pond 2 and Pond 3 . Alternatives for accomplishing the same monitoring and operations improvements will be evaluated during the preliminary design phase of this project.
4. Pond 3 Pump Station Up- Grade. The existing Pond 3 Pump Station currently has only one pumping unit. To provide mor e reliability of the system, it has been recommended that an additional pump of the same capacity as the existing pump be installed . Pond 3 Pump Station was designed and co nstructed to accommodate future installation of two additional pumps of the same cap acity as the first.
5. VFD Up-Grades to Aerators . City has identified the need to install Variable Frequency Drives (VFDs) on the aerators, existing and new. The addition of these VFDs will allow for a more efficient operation which will lead to operational cost savings.
6. Back-Up Power. The current IWTF does not have emergency standby power. City plans to add an emergency generator to the IWTF to inc rease facility reliability/resiliency and ensure uninterrupted wastewater conveyance in the Attachment A-1 – Page 2
event of power outages. The required kilowatt capacity of emergency generator will be determined during the preliminary design phase of this component.
B. Construction Contracts. Three separate c onstruction contract packages (Project Manuals consisting of front- end documents, general conditions, plans and specifications) will be p repared for the proposed i mprovements at the IWTF. Three separate construction packages will include project elements as described below:
Construction Package 1: Includes improvements to the Existing Aeration Lagoon and New Aeration Lagoon in Pond 1. (Project components 1 and 2 described above).
Construction Package 2: Includes new Pond Automation and Flow Dis tribution component and the Pond 3 Pump Station Up-Grade. (Project components 3 and 4 described above).
Construction Package 3 : This package will include Aeration VFD Up -Grades and Back-up Power components. (Project components 5 and 6 as described above).
C. Construction Documents . Construction documents, Plans and Technical Specifications, specific for e ach construction contract described above , will be prepared. City will provide documents related to Bidding Requirements, Contracting Requirements and Conditions of Contract. These documents will be amended specific to e ach construction pac kage and will be incorporated into the Project Manual (with the Technical Specifications) for each construction contract.
City has requested Consultant provide the scope of work and associated engineering costs for each construction pac kages. Engineering services will be provided in three phases as listed below:
1. Phase 1: Preliminary Design
2. Phase 2: Final Design
3. Phase 3: Bidding Phase
In addition to the above, City has requested engineering support be provided for a single Technical Project Report that will support the SRF program grant application.
The Scope of Work for Improvements to the IWTF is provided in Attachment A-2; engineering costs for each construction package is provided in Attachment B.
ATTACHMENT A-2
City of Salinas – IWTF Improvements
SCOPE OF WORK
Scope of Work
Scope of Work for each project component identified in the Scope of Project (Attachment A-1) is described below:
TASK 1 – DESIGN OF IMPROVEMENTS TO EXISTING AERATION LAGOON AND NEW
AERATION LAGOON
This task includes the following components as part of design and construction. Electrical Improvements:
o Replacement 12kv distribution system. To include connection for future generator.
o Feeders to existing aerators (PDC-A and PDC-B)
o Feeder to new aerator pond (PDC-D)
o Feeder to existing influent pump station (PDC-C)
o New substations and motor controls at each PDC aeration location Replacement of four (4) new 50hp aerators within existing Aeration Lagoon. New Aeration Lagoon (Volume 15 MG)
Five (5) new aerators (in new Aeration Lagoon)
Electrical PLC controls and communications for new and existing Aeration Lagoon Facilities
SUBTASK 1.1 PROJECT MANAGEMENT AND COORDINATION AND SRF FUNDING
APPLICATION - TECHNICAL SUPPORT
SUBTASK 1. 1.1 – PROJECT MANAGEMENT AND COORDINATION
E2 will provide effective management throughout the duration of the design work to ensure a finished project of the highest quality constructed within the budget and time limits that have been established for this project. Collaboration and effective communication between the City and E2 will be crucial in meeting these goals. This will be facilitated through monthly coordination meetings over the duration of the project, beginning with a project commencement and user group meeting that includes City Operations Staff. Key issues arising between monthly coordination meetings can be addressed by periodic conference calls. Minutes from monthly coordination meetings and documentation of consensus established for key issues will be provided by E2 on a timely basis.
E2 will review with City staff relevant documents prepared earlier for Electrical/Communication Improvements to confirm requirements.
Deliverables:
Minutes of meetings and teleconferences, report(s) of consensus established for key issues and other such documents and letters as are necessary for communication and memorialize decisions made with City as work progresses.
SUBTASK 1. 1.2 – SRF FUNDING APPLICATION - TECHNICAL SUPPORT Support Carollo and the City in preparation of SRF Funding Application. Effort will include providing technical details to be incorporated within the Technical Project Report, submittal of which is a requirement of the SRF Funding Application. Technical Project Report will be prepared by Carollo.
SUBTASK 1.2 – PROJECT KICK- OFF MEETING AND SITE VISIT E2 will attend a project commencement (Kick-Off) meeting with City Engineering Staff (and Carollo project staff) to discuss the project and meet with Operations and Maintenance Staff to discuss project requirements and goals. A site visit will be conducted following the kick-off meeting.
Deliverables:
Prepare Commencement Meeting Agenda and Report on Decisions Made and assigned Follow-Up Actions
SUBTASK 1.3 – DATA GATHERING, INSPECTION, FIELD SURVEYING AND REVIEW E2 will with due diligence collect and review background project reports, records, data, ma ps, and other documents relevant to defining the limits and the scope of the project design. We also will identify the anticipated tests and evaluations that will be needed to complete the design.
City will be provided relevant documents. During the site visit following the kick-off meeting, and when conducting other site visits as deemed appropriate, we will field verify as-built conditions, (to the extend these can be determined from visual observation ) and will make necessary modifications to the existing drawings of any variances observed during the field trip. We will arrange additional field trips during the design process to assure that proposed modifications are feasible and constructible. Additional field surveying is anticipated to be necessary and will be identified during and immediately following the site visit.
SUBTASK 1.4 – PLANS, SPECIFICATIONS & ESTIMATES
All designs prepared by E2 will be in accordance with City of Salinas Design an d Construction Standards and other applicable standards, such as California Building, Electrical, Mechanical, Plumbing, and Fire Codes, Standard General Conditions of the Construction Contract documents to be provided by the City, and Caltrans Standard Plans and Specifications.
Drawings shall be prepared using the latest version of AutoCAD.
Technical Specifications will be developed for the Project Manual using the current Construction Specifications Institute (CSI) document format and will include City front end bidding and contract documents.
The Work for this Task 1 will be divided into four phases - 30% design package (Basis of Design Report-BODR), 60% design package, 95% Design Package and final issued for bid documents.
SUBTASK 1.4.1 – THIRTY PERCENT ( 30%) DESIGN PACKAGE - BODR The 30% level of completion submittal or Basis of Design Report (BODR) shall include:
Review of conceptual level report prepared for the City by Carollo. Conduct and present results of Flow and Loading Analysis for Near -Term and Long - Term Flows and Loading
Review existing mechanical, electrical/communication systems Identify improvements required
Prepare construction cost estimates
Summarize findings, conclusions, and recommendations in the BODR Review Meeting(s) with City Staff
Final BODR will include City’s comments to the draft BODR . The final BODR will be used to prepare construction documents.
Deliverables:
Draft PDF copy of BODR at 90% level
Engineer’s estimate of probable construction cost at 30% design level. Final PDF Copy of BODR, incorporating City’s comments, including updated construction cost estimates to 30% design level
Other required documents.
SUBTASK 1.4.2 – SIXTY - PERCENT ( 60%) DESIGN PACKAGE
The 60% submittal package will include: all documents in the 30% (BODR) submittal package further advanced and detailed and incorporation of City’s comments from the BODR submittal into the design details.
Deliverables:
An agenda for the design review meeting and minutes of the design review meeting.
One (1) PDF Copy of half-size drawings.
One PDF Copy of Technical Specifications
Engineer’s estimate of probable construction cost at 60% design. Other required documents.
SUBTASK 1.4.3 – NINETY -FIVE PERCENT (95%) DESIGN PACKAGE The 95% submittal package will include: all documents in the 6 0% submittal package further advanced and detailed and incorporation of City’s comments from the 60% design submittal.
An independent review of the construction documents will be completed in co nformance with E2’s QA/QC policy.
Deliverables:
An agenda for the design review meeting and minutes of the design review meeting. One (1) PDF copy of half-plans
One (1) PDF copy of Specifications.
Engineer’s estimate of probable construction cost at 95% design level Other required documents
SUBTASK 1.4.4 – FINAL BID DOCUMENTS
With the final bid document submittal, all comments received from City on the 60% and 95% design submittals will be incorporated into the Plans and Specifications. The plans are field checked for accuracy and coordination between disciplines is complete. The technical specifications are complete and ready with the plans to advertise for Bid. Design specific requirements are incorporated into the City’s front-end documents. The engineer’s estimate and project schedule are finalized. A final check will be provided to ensure the independent review comments are respon ded to and incorporated into the final documents as appropriate. All in confo rmance with E2’s QA/QC Policy. Final review is undertaken by the City. Anything discovered in this last review will be incorporated into the construction documents; the documents. are now ready for public bid.
Deliverables:
Comment Resolution form identifying City comments on 60% and 95% design submittals and respective actions taken by E2.
One (1) electronic AutoCAD file of plans.
One (1) electronic PDF copy of Plans and Specifications. Final Engineer’s estimate of probable construction cost. Design Calculations in binder and electronic PDF format.
SUBTASK 1.5 – BID PHASE SERVICES
Assist City during the bid phase. Tasks will include the following:
Attend a pre-bid conference and assist in preparation of minutes. Respond to inquiries/questions (RFIs) from bidders.
Prepare addenda for bid documents as needed to clarify bidder inquiries and amend Contract Documents (Project Manual) as required.
Assist City, if requested, to review and evaluate bids and provide a recommendation of award.
Prepare Conformed project documents for Construction (Issued for Construction or IFC).
Deliverables:
Agenda for Pre-Bid Meeting
Minutes of Pre-Bid Meeting
Addenda as needed (Assume 2 Addenda)
TASK 2 – DESIGN OF POND AUTOMATION AND FLOW DISTRIBUTION AND POND 3
PUMP STATION UP -GRADE
This task includes the following components as part of design and construction. Construction of two new diversion vaults
Conveyance piping, level control, and valves
Structures with Slide Gates/Weir Gates to control flow. Instrumentation to measure pond level and water flow pond-to-pond over weir at e ach location.
Electrical/Controls and communication s (Use of Solar Farm Power and Radio Communication)
Installation of additional one (1) new pump with VFD at existing Pond 3 Pump S tation.
Pond 3 Pump Station was designed to add additional two pumps of same capacity as the existing one pump currently installed. Provide additional Mechanical, Electrical/Instrumentation and communication system as required.
SUBTASK 2.1 PROJECT MANAGEMENT AND COORDINATION AND SRF FUNDING APPLICATION – TECHNICAL REPORT
SUBTASK 2.1.1 – PROJECT MANAGEMENT AND COORDINATION
E2 will provide effective management throughout the duration of the design work to ensure a finished project of the highest quality that is constructed within the budget and the time limits that have been established for this project. Collaboration and effective communication between the City and E2 will be crucial in meeting these goals. This will be facilitated through monthly coordination meetings over the duration of the project, beginning with a project commencement and user group meeting with City (including City operations staff) and M1W Operations Staff. Key issues arising between monthly coordination meetings can be addressed by periodic conference calls. Minutes from monthly coordination meetings and documentation of consensus established for key issues will be provided by E2 on a timely basis.
E2 will review with City and M1W staff relevant documents prepared earlier for Electrical/Communication Improvements to confirm requirements and design intent.
Deliverables:
Minutes of meetings and teleconferences, report(s) of consensus established for key issues and other such documents and letters as are necessary for communication with City and memorialize decisions made as work progresses.
SUBTASK 2.1.2 – SRF FUNDING APPLICATION - TECHNICAL SUPPORT Support Carollo and the City in preparation of SRF Funding Application. This will include providing technical details to be incorporated within the Technical Project Report.
Technical Report will be prepared by Carollo.
SUBTASK 2.2 – PROJECT KICK- OFF MEETING AND SITE VISIT
E2 will attend a project commencement (Kick-Off) meeting with City/M1W Staff to discuss the project and meet with Operations and Maintenance Staff to discuss project requirements and goals. A site visit will be conducted following the kick-off meeting.
Deliverables:
Prepare Commencement Meeting Agenda and Report on Decisions Made and required Follow-Up Actions
SUBTASK 2.3 – DATA GATHERING, INSPECTION, FIELD SURVEYING AND REVIEW E2 will with due diligence collect and review background project reports, records, data, maps, and other documents relevant to defining the limits and the scope of the project design for Task
2. City/M1W has provided relevant documents. During the site visit following the kick -off meeting, and in other site visits as deemed appropriate, we will field verify as -built conditions and will make necessary modifications to the existing drawings of any variances observed during the field trip. We will arrange additional field trips during the design process to assure that proposed modifications are beneficial and constructible. Some additional surveying may be required for the Pond Automation and Flow Distribution component of this Project. E2 will verify after site visit.
SUBTASK 2.4 – PLANS, SPECIFICATIONS & ESTIMATES
All designs prepared by E2 will be in accordance with City of Salinas Design and Construction Standards and other applicable standards, such as California Building, Electrical, Mechanical, Plumbing, and Fire Codes, Standard General Conditions of the Construction Contract documents to be provided by the City, and Caltrans Standard Plans and Specifications.
Drawings shall be prepared using the latest version of AutoCAD.
Technical Specifications will be developed using the current Construction Specifications Institute (CSI) document format and will include City front end bidding and contract documents.
The Work for Task 2 will be divided into three phases - 50% design package, 90% design package, and final bid documents.
SUBTASK 2.4.1 – FIFTY PERCENT (50%) DESIGN PACKAGE
SUBTASK 2.4.2 – NINETY - PERCENT ( 90%) DESIGN PACKAGE
The 90% submittal package will include: all documents in the 50% design submittal package further advanced and detailed and incorporation of City’s comments from the 50% design submittal.
Deliverables:
An agenda for the design review meeting and minutes of the design review meeting.
One (1) PDF Copy of half-size drawings.
One PDF Copy of Technical Specifications
Engineer’s estimate of probable construction cost to 90% design level. Other required documents.
Comment / Comment Resolution Log
SUBTASK 2.4.3 – FINAL BID DOCUMENTS
With the final bid document submittal, all comments received from City on the 50% and 90% design submittals will be incorporated into the Plans and Specifications. The plans are field checked for accuracy and coordination between dis ciplines is complete. The technical specifications are complete and ready with the plans to advertise for Bid. The engineer’s estimate and project schedule are finalized. Final review is undertaken by the City. Anything discovered in this last review will be amended into the construction documents and the documents are now ready for public bid.
Deliverables:
Comment Resolution log identifying City comments on 60% and 95% design submittals and respective actions taken by E2.
One (1) electronic AutoCAD of plans.
One (1) electronic PDF copy of Plans and Technical Specifications. Final Engineer’s estimate of probable construction cost. Design Calculations in binder and electronic PDF format.
SUBTASK 2.5 – BID PHASE SERVICES
Assist City during bid phase service. Tasks will include the following:
Attend a pre-bid conference.
Respond to inquiries/questions (RFIs) from bidders.
Prepare addenda for bid documents as needed to clarify bidder inquiries and amend P/S as needed.
Assist City, if requested, to review and evaluate bids. Prepare Conformed project documents for Construction (Issued for Construction or IFC).
Deliverables:
Agenda for Pre-Bid Meeting
Minutes of Pre-Bid Meeting
Addenda as needed (Assume 2 Addenda)
TASK 3 – DESIGN OF VFD UP -GRADE TO AERATORS AND BACK -UP POWER This task includes the following components as part of design and construction. Electrical/Instrumentation Modifications to install VFDs on all Aerators. (Total of 17 , 12 for existing Aeration Lagoon and five for New Aeration Lagoon constructed under Task 1 Projects.
Addition of emergency generator(s) to provide automatic uninterrupted back-up power for IWTF t for wastewater conveyance and treatment during a power outage.
SUBTASK 3.1 PROJECT MANAGEMENT AND COORDINATION AND SRF FUNDING APPLICATION – TECHNICAL PROJECT REPORT
SUBTASK 3.1.1 – PROJECT MANAGEMENT AND COORDINATION
E2 will provide effective management throughout the duration of the design work to ensure a finished project of the highest quality that is constructed within the budget and the time limits that have been established for this project. Collaboration and effective communication between the City and E2 will be crucial in meeting these goals. This will be facilitated through monthly coordination meetings over the duration of the project, beginning with a project commencement and user group meeting with City Engineering and Operations Staff. Key issues arising between monthly coordination meetings can be addressed by periodic conference calls. Minutes from monthly coordination meetings and documentation of consensus established for key issues will be provided by E2 on a timely basis. On the latter, a comment / comment resolution log will be kept memorializing decisions and actions taken.
Deliverables:
Minutes of meetings and teleconferences, report(s) of consensus established for key issues and other such documents and letters as are necessary for communication with City as work progresses to memorialize actions taken.
SUBTASK 3.1.2 – SRF FUNDING APPLICATION - TECHNICAL SUPPORT Support Carollo and the City in preparation of SRF Funding Application. This will include providing technical details to be incorporated within the Technical Project Report. The Technical Project Report will be prepared by Carollo.
SUBTASK 3.2 – PROJECT KICK- OFF MEETING AND SITE VISIT
E2 will attend a project commencement (Kick-Off) meeting with City Staff to discuss the project and meet with Operations and Maintenance Staff to discuss project requirements and goals. A site visit will be conducted following the kick-off meeting.
Deliverables:
Prepare Commencement Meeting Agenda and Report on Decisions Made and Follow - Up Actions required
SUBTASK 3.3 – DATA GATHERING, INSPECTION AND REVIEW
E2 will with due diligence collect and review background project reports, records, data, maps, and other documents relevant to defining the objectives (intent??) and the scope of the project design. During the site visit following the kick -off meeting, and in other site visits as deemed appropriate, we will field verify as-built conditions and will make necessary modifications to the existing drawings of any variances observed during the field trip. We will arrange additional field trips during the design process to assure that proposed modifications meet the design intent and are constructible.
SUBTASK 3.4 – PLANS, SPECIFICATIONS & ESTIMATES
All designs prepared by E2 will be in accordance with City of Salinas Design and Construction Standards and other ap plicable standards, such as California Building, Electrical, Mechanical, Plumbing, and Fire Codes, Standard General Conditions of the Construction Contract documents to be provided by the City, and Caltrans Standard Plans and Specifications.
Drawings shall be prepared using the latest version of AutoCAD.
Technical Specifications will be developed using the current Construction Specifications Institute (CSI) document format and will include City front end bidding and contract documents.
The Work for Task 3 will be divided into three phases - 50% design package, 90% design package, and final bid documents.
SUBTASK 3.4.1 – FIFTY PERCENT ( 50%) DESIGN PACKAGE
The 50% level of completion submittal shall include: draft construction drawings for the Task 2 project component; an engineer’s estimate of probable construction cost to 50% design level; a project schedule for all project Tasks; applicable support documentation for permits, and all other required documents.
Deliverables:
An agenda for the design review meeting and minutes of the design review meeting. One (1) PDF copy of half-size drawings.
One (1) PDF copy of Technical Specifications.
Engineer’s estimate of probable construction cost to 50% design level.
Other required documents.
SUBTASK 3.4.2 – NINETY - PERCENT ( 90%) DESIGN PACKAGE
The 90% submittal package will include: all documents in the 50% design submittal package further advanced and detailed and incorporation of City’s comments from the 50% design submittal.
Deliverables:
An agenda for the design review meeting and minutes of the design review meeting.
One (1) PDF Copy of half-size drawings.
One PDF Copy of Technical Specifications.
Engineer’s estimate of probable construction cost to 90% design level. Updated Client Comment / Comment Resolution log.
Other required documents.
SUBTASK 3.4.3 – FINAL BID DOCUMENTS
With the final bid document submittal, all comments received from City on the 50% and 90% design submittals will be incorporated into the Plans and Specifications. The plans are field checked for accuracy and coordination between disciplines is complete d. The technical specifications are complete and ready with the plans to advertise for Bid. Amendments to the City’s front-end documents relevant to the specific design scope are submitted to the City .
The engineer’s estimate and project schedule are finalized. Final review is undertaken by the City. Anything discovered in this last review will be amended into the construction documents and the documents are now ready for public bid.
Deliverables:
Comment / Comment Resolution log identifying responses to City comments on 60% and 95% design submittals and respective actions taken by E2. One (1) electronic AutoCAD of plans.
One (1) electronic PDF copy of Plans and Technical Specifications. Final Engineer’s estimate of probable construction cost. Design Calculations in binder and electronic PDF format.
SUBTASK 3.5 – BID PHASE SERVICES
Assist City during bid phase service. Tasks will include the following:
Attend a pre-bid conference.
Respond to inquiries/questions (RFIs) from bidders.
Prepare addenda for bid documents as needed to clarify bidder inquiries and amend P/S as needed.
Assist City, if requested, to review and evaluate bids. Prepare Conformed project documents for Construction (Issued for Construction or IFC).
Deliverables:
Agenda for Pre-Bid Meeting
Minutes of Pre-Bid Meeting
Addenda as needed (Assume 2 Addenda)
IFC Plans and Specifications
]
Project
Manager-
Vinod
Technical
Director - Joe
Reichenberger
Principal
Engineer-
Loren/Drew
McIntyre
Specialist III-
Bill Harris,
Mark Davis
Specialist
II - Priya
Kumar
Total
Labor
Hours
Total Labor Cost Other Direct
Costs Total Cost E2
Principal
Engineer -
Tom Frisch
Senior
Engineer
Senior
Designer
Junior
Designer
Associate
Designer
Total
Labor
Hours
Total Labor Cost Other Direct
Costs Total Cost
Hourly Rate 240.00$ 200.00$ 175.00$ 125.00$ 80.00$ $230.00 $215.00 $185.00 $160.00 $130.00 Task No. Task Description
1 1.1.1 - Project Management and Coordination 40 24 20 84 15,400$ -$ $15,400 8 4 12 $2,700 $2,700 18,370$
1.1.2 - SRF Funding Application - Technical
Support 40 16 40 96 19,800$ -$ $19,800 16 4 20 $4,540 $4,540 24,794$
1.2 - Project Kick-off Meeting and Site Visit 12 12 24 4,980$ 300$ $5,280 12 4 16 $3,620 $300 $3,920 9,592$
1.3 - Data Gathering, Inspection, Field Surveying
and Review 8 16 18 42 6,970$ 10,000$ $17,970 16 8 24 $4,720 $4,720 23,162$
1.4 - Plans, Specifications and Estimates 224 140 528 576 0 1468 246,160$ 500$ 246,660$ 116 164 232 415.5 114 1041.5 186,160$ 600$ 186,760$ 452,096$
1.4.1 - Thirty Percent Design Package - BODR 20 52 128 96 0 296 49,600$ -$ $49,600 8 28 40 76 18 170 $29,680 $29,680 82,248$
1.4.2 - Sixty Percent Design Package 120 40 200 200 560 96,800$ 500$ $97,300 60 60 108 188 48 464 $83,000 $600 $83,600 189,260$
1.4.3 - Ninety-Five Percent Design Package 60 40 120 200 420 68,400$ -$ $68,400 32 60 60 104 32 288 $52,160 $52,160 125,776$
1.4.4 - Final Bid Documents 24 8 80 80 192 31,360$ -$ $31,360 16 16 24 48 16 120 $21,320 $21,320 54,812$
1.5 - Bid Phase Services 26 0 64 16 0 106 19,440$ 250$ 19,690$ 12 20 0 24 0 56 10,900$ 900$ 11,800$ 32,670$
1.5.1 - Attend Pre-Bid Conference 8 8 16 3,320$ -$ $3,320 12 12 $2,760 $600 $3,360 7,016$
1.5.2 - Respond to Inquiries/Questions from
Bidders 8 24 32 6,120$ -$ $6,120 8 8 16 $3,000 $3,000 9,420$
1.5.3 - Prepare Addenda for Bid Documents 4 24 28 5,160$ -$ $5,160 8 8 16 $3,000 $3,000 8,460$
1.5.4 - Assist City to review and evaluate Bids 4 0 4 960$ -$ $960 0 $0 $0 960$
1.5.5 - Prepare Conformed Project Documents
for Construction 2 8 16 26 3,880$ 250$ $4,130 4 8 12 $2,140 $300 $2,440 6,814$ Total for Task 1 350 156 684 610 20 1820 312,750$ 11,050$ 324,800$ 164 212 232 447.5 114 1170 212,640$ 1,800$ 214,440$ 560,684$ Design Improvements to Existing Aeration Lagoon and New Aeration Lagoon ATTACHMENT B-1
City of Salinas - Engineering Services for Industrial Waste Treatment Facility Improvements -Task 1 - Design Improvements to Existing Aeration Lagoon and New Aeration Lagoon ESTIMATE OF ENGINEERING SERVICES FEES - TASK 1 (Revised 5-22-2022) E2 Consulting Engineers, Inc. Frisch Engineering
Total Cost E2 +
Frisch*1.10
PBCSD/Assignment No.33 Attachment B 3/16/13
]
Project
Manager-Vinod
Badani
Technical
Director - Joe
Reichenberger
Principal
Engineer -
Loren
Weinbrenner
Specialist
III-Bill
Harris, Mark
Davis
Specialist
II - Priya
Kumar
Total
Labor
Hours
Total Labor Cost Other Direct
Costs Total Cost E2 Principal
Engineer
Senior
Engineer
Senior
Designer
Junior
Designer
Associate
Designer
Total
Labor
Hours
Total Labor
Cost
Other Direct
Costs Total Cost
Hourly Rate 240.00$ 200.00$ 175.00$ 125.00$ 80.00$ $230.00 $215.00 $185.00 $160.00 $130.00 Task No. Task Description
2 2.1.1 - Project Management and Coordination 24 24 48 7,680$ -$ $7,680 8 8 $1,720 $1,720 9,572$
2.1.2 - SRF Funding Application - Technical
Support 16 16 32 6,640$ -$ $6,640 12 4 16 $3,620 $3,620 10,622$
2.2 - Project Kick-off Meeting and Site Visit 8 12 20 4,020$ 300$ $4,320 12 4 16 $3,620 $300 $3,920 8,632$
2.3 - Data Gathering, Inspection, Field Surveying
and Review 8 8 16 3,320$ 6,000$ $9,920 4 16 4 24 $5,000 $5,000 15,420$
2.4 - Plans, Specifications and Estimates 136 16 280 320 0 752 124,840$ -$ 124,840$ 80 88 56 116 24 364 69,360$ 200$ 69,560$ 201,356$
2.4.1 -Fifty Percent Design Package 60 8 120 160 0 348 57,000$ -$ $57,000 32 40 24 40 8 144 $27,840 $200 $28,040 87,844$
2.4.2 - Ninety Five Percent Design Package 60 80 120 260 43,400$ -$ $43,400 24 24 32 60 16 156 $28,280 $28,280 74,508$
2.4.3 - Final Bid Documents 16 8 80 40 144 24,440$ -$ $24,440 24 24 16 64 $13,240 $13,240 39,004$
2.5 - Bid Phase Services 24 0 64 24 0 112 19,960$ 650$ 20,610$ 12 20 0 24 0 56 10,900$ 500$ 11,400$ 33,150$
2.5.1 - Attend Pre-Bid Conference 16 16 2,800$ 150$ $2,950 12 12 $2,760 $300 $3,060 6,316$
2.5.2 - Respond to Inquiries/Questions from
Bidders 8 16 24 4,720$ -$ $4,720 8 8 16 $3,000 $3,000 8,020$
2.5.3 - Prepare Addenda for Bid Documents 8 24 32 6,120$ -$ $6,120 8 8 16 $3,000 $3,000 9,420$
2.5.4 - Assist City to review and evaluate Bids 4 4 960$ -$ $960 0 $0 $0 960$
2.5.5 - Prepare Conformed Project Documents
for Construction 4 8 24 36 5,360$ 500$ $5,860 4 8 12 $2,140 $200 $2,340 8,434$ Total for Task 2 216 16 380 344 24 980 166,460$ 6,950$ 174,010$ 120 140 56 144 24 484 94,220$ 1,000$ 95,220$ 278,752$ Design of Pond Automation and Flow Distribution and Pond 3 Pump Station Up-Grade ATTACHMENT B-2
City of Salinas - Engineering Services for Industrial Waste Treatment Facility Improvements -Task 2 - Design of Pond Automation and Flow Distribution and Pond 3 Pump station Up-grade ESTIMATE OF ENGINEERING SERVICES FEES - TASK 2
E2 Consulting Engineers, Inc. Frisch Engineering
Total Cost E2 +
Frisch*1.10
PBCSD/Assignment No.33 Attachment B 3/16/13
]
Project
Manager-Vinod
Technical
Director - Joe
Reichenberger
Principal
Engineer-
Loren
Specialist III-
Bill
Specialist
II - Ilona
Total
Labor
Hours
Total Labor
Cost
Other Direct
Costs Total Cost E2 Principal
Engineer
Senior
Engineer
Senior
Designer
Junior
Designer
Associate
Designer
Total
Labor
Hours
Total Labor
Cost
Other Direct
Costs Total Cost
Hourly Rate 240.00$ 200.00$ 175.00$ 125.00$ 80.00$ $230.00 $215.00 ###### $160.00 $130.00 Task No. Task Description
3 3.1.1 - Project Management and Coordination 8 12 20 2,880$ -$ $2,880 8 4 12 $2,700 $2,700 5,850$
3.1.2 - SRF Funding Application - Technical
Support 16 4
3.2 - Project Kick-off/Workshop Meeting and Site
Visit 4 4 8 1,660$ -$ $1,660 12 4 16 $3,620 $300 $3,920 5,972$
3.3 - Data Gathering, Inspection and Review 4 4 8 1,660$ -$ $1,660 16 8 24 $4,720 $4,720 6,852$
3.4 - Plans, Specifications and Estimates 164 40 240 280 0 724 124,360$ -$ 124,360$ 88 88 128 208 48 560 102,360$ 600$ 102,960$ 237,616$
3.4.1 - Fifty Percent Design Package 80 16 120 160 0 376 63,400$ -$ $63,400 40 40 80 120 32 312 $55,960 $600 $56,560 125,616$
3.4.2 - Ninety Five Percent Design Package 60 8 80 80 228 40,000$ -$ $40,000 40 40 40 80 8 208 $39,040 $39,040 82,944$
3.4.3 - Final Bid Documents 24 16 40 40 120 20,960$ -$ $20,960 8 8 8 8 8 40 $7,360 $7,360 29,056$
3.5 - Bid Phase Services 32 0 48 16 0 96 18,080$ 250$ 18,330$ 20 24 0 32 0 76 14,880$ 500$ 15,380$ 35,248$
3.5.1 - Attend Pre-Bid Conference 8 8 16 3,320$ $3,320 8 8 $1,840 $300 $2,140 5,674$
3.5.2 - Respond to Inquiries/Questions from
Bidders 8 16 24 4,720$ -$ $4,720 4 8 8 20 $3,920 $3,920 9,032$
3.5.3 - Prepare Addenda for Bid Documents 8 16 24 4,720$ -$ $4,720 4 8 8 20 $3,920 $3,920 9,032$
3.5.4 - Assist City to review and evaluate Bids 4 4 960$ -$ $960 0 $0 $0 960$
3.5.5 - Prepare Conformed Project Documents
for Construction 4 8 16 28 4,360$ 250$ $4,610 4 8 16 28 $5,200 $200 $5,400 10,550$ Total for Task 3 212 40 296 296 12 856 148,640$ 250$ 148,890$ 144 140 128 248 48 688 128,280$ 1,400$ 129,680$ 291,538$ $ 50,880 $ 8,000 $ 51,800 $ 37,000 $ 960 $ 148,640 Design Aeration VFD Up-Grade and Back-Up Power
ATTACHMENT B-3
City of Salinas - Engineering Services for Industrial Waste Treatment Facility - Design of Aeration VFD Up-Grade and Back-Up Power ESTIMATE OF ENGINEERING SERVICES FEES - TASK 3
E2 Consulting Engineers, Inc. Frisch Engineering
Total Cost E2 +
Frisch*1.10
PBCSD/Assignment No.33 Attachment B 3/16/13
Exhibit B-1
Exhibit B-1
E2 Consulting Engineers, Inc.
Schedule of Professional Rates
for
City of Salinas
Industrial Waste Treatment Facility- Improvements
January 1, 2022, through December 31, 2023
Hourly
Billing
Classification Rate
Engineers
Engineer $ 125.00
Engineer, Principal $ 135.00
Engineer, Supervising (Loren Weinbrenner, Drew McIntyre) $ 185.00
Project Managers/Technical Managers
Technical Specialist (Joe Reichenberger) $ 200.00
Project Manager/ Principal-In-Charge (Vinod Badani) $ 240.00
Technical and Support
Specialist II (Accounting Staff) $ 80.00
Specialist III (CADD Operator) Bill Harris, Mark Davis $ 125.00 GIS Data Base Manager $ 170.00
________________________________________________________________ ________________ This schedule of professiona l rates is subject t o revision annually. These billing rates cover salary costs, employee benefits, ordinary overhead, and profit. They also cover in- house charges for personal comput ers (other than CAD and GI S), word processing equipment, and routine comm unications (including long -distance telephone and fax). Out -of-pocket costs (such as travel and subsistence) are reimbursable at actual cost -plus 10 percent.
Exhibit B-2
Exhibit B-2
Frisch Engineers, Inc.
Schedule of Professional Rates
for
City of Salinas
Industrial Waste Treatment Facility-Improvements
January 1, 2021, through December 31, 2023
Hourly
Billing
Classification Rate
Engineers
Principal Engineer $ 230.00
Senior Engineer $215.00
Designers
Senior Designer $ 185.00
Junior Designer $ 160.00
Associate Designer $ 130.00
__________________________________________________________________________________________
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-283, Version: 1
Professional Services Agreement with Carollo Engineers for the Industrial Wastewater treatment Facility Expansion Project
Approve a Resolution approving a Professional Services Agreement in the amount of $734,000 between the City of Salinas and Carollo Engineers for the Industrial Wastewater Treatment Facility Expansion Project.
City of Salinas Printed on 6/8/2022Page 1 of 1
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: JUNE 14, 2022
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, DIRECTOR
BY: BRIAN FRUS, SENIOR ENGINEER
TITLE: PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY
OF SALINAS AND CAROLLO ENGINEERS FOR THE
INDUSTRIAL WASTEWATER TREATMENT FACILITY
EXPANSION PROJECT
RECOMMENDED MOTION:
A motion to 1) approve a Resolution approving a Professional Services Agreement in the amount of $734,000 between the City of Salinas and Carollo Engineers for the Industrial Wastewater Treatment Facility Expansion Project; 2) authorize an interfund loan of $734,000 from the General Fund to the Industrial Waste Fund; and 3) authorize creation of and an appropriation to a dedicated CIP for the Industrial Wastewater Treatment Facility Expansion Project in the same amount from the Industrial Waste Fund.
RECOMMENDATION:
It is recommended that the City Council 1) approve a Resolution approving a Professional Services Agreement in the amount of $734,000 between the City of Salinas and Carollo Engineers for the Industrial Wastewater Treatment Facility Expansion Project; 2) authorize a n interfund loan of $734,000 from the General Fund to the Industrial Waste Fund; and 3) authorize creation of and an appropriation to a dedicated CIP for the Industrial Wastewater Treatment Facility Expansion Project in the same amount from the Industrial Waste Fund.
BACKGROUND:
The City of Salinas owns and operates an Industrial Wastewater Collection and Conveyance System (IWCCS) which takes agricultural process water from 26 industries . The system is comprised of a network of piping, and pump station, which covey wastewater to the Industrial Waste Treatment Facility (IWTF) for treatment and disposal.
Recent interest to develop additional processing facilities both at an existing industry location and in the Salinas Agricultural Industrial Center has created additional need for capacity at the IWTF.
Calculations show that an additional 1 million gallons per day (mgd) of average flow capacity is Page | 2
needed over the existing permitted flow of 4 mgd to meet the new demands. Currently wastewater is treated by aeration and then disposed of by percolation and evaporation at the IWTF. The infrastructure also exists to export water from the IWTF via a pump station w hich can discharge directly to the Monterey One Wa ter (M1W) interceptor which flows to the Regional Treatment Plant in Marina.
Capacity expa nsion effort s will focus on increasing treatment by augmenting the aeration capability and to rely on the ability to export the wastewater for recycling rather than enhancing onsite disposal. This approach will require modifications to the facility permits, a CEQA process and creating a new agreement with M1W and the Monterey County Water Resources Control Agency.
In addition, grant and other funding efforts will be required to secure the necessary working capital to implement the improvements needed. In all, the capital improvements include:
Aeration Lagoon expansion and addition of aerators
Pond automation and flow distribution
Pond 3 Pumpstation expansion
Pond aeration motor efficiency upgrades
Influent Pump Station flow metering
Electrical equipment relocation
Backup power
Airport Lift Station upgrades
Overall, these efforts will require the services of several consultants.
In the case of Carollo, t asks to be performed for the IWTF Expansion Project will include the following:
Industry discussions and negotiations
Project management and meetings
Hydrogeologic study
Industry flow re-allocations
Grant funding applications and supporting documentation CEQA support and permitting
Design review and coordination
Given the ambitious scope of work to be completed over the next four years, the need to engage consultants is pressing in order stay on schedule . Carollo is intimately familiar with the IWTF, having performed the System Evaluation and Revised Rate and Connection Fee Study which comprised the feasibility work for this expansion effort. Additionally, staff believes Carollo is a very qualified vendor to assist the City with the implementation of these expansion a ctivities, including studies, design, funding and permitting processes. City staff recommends sole source award of this work to Carollo as no other consulting entity is currently as familiar with the City’s needs and challenges associated with this effort and has the ability to begin work immediately.
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CEQA CONSIDERATION:
The City of Salinas believes that the proposed action is a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378). This is because the project will result “in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment ” and is “an activity directly undertaken by any public agency including but not limited to public works construction and related activities” including “ clearing or grading of land ”. The determination as to whether the project has the potential for causing a “significant effect on the environment” will be determined in the course of the CEQA process as will the nature and extent of the relevant information compiled and submitted.
STRATEGIC PLAN INITIATIVE:
The proposed project and agreement meet the City Council’ s Strategic Plan Initiatives of Investment Strategies/Risk Management, and Operational Efficiencies.
DEPARTMENTAL COORDINATION:
This project will rely on coordination between the Water, Waste and Energy (WWE) division in Public Works, Finance, Community Development, Legal and the City Manager’s office . WWE will oversee the overall execution of the project, while coordinating with Finance and the City Manager on funding, Legal for agreements and Community Development for liaison with the developer(s).
FISCAL AND SUSTAINABILITY IMPACT:
The total estimated cost for the scope of work contained in the Professional Services Agreement is $734,000. A total of $734,000 will be transferred and held in reserve in a CIP dedicated to the IWTF Expansion Project to include professional services and implementation.
Initial funding for the project will come from an interfund loan of $734,000 from the General Fund balance to the Industrial Waste Fund.
Overall, the project implementation is estimated to cost $40M. Staff believes that State Revolving Fund loans and several grant funding opportunities are strong possibilit ies. The s cope of this proposal includes researching multiple funding possibilities as full funding for the project may likely require utilization of a number of different sources.
ATTACHMENTS:
Resolution
Professional Services Agreement City of Salinas and Carollo Engineers for the Industrial Wastewater Treatment Facility Expansion Project
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RESOLUTION NO. _______(N.C.S.)
A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SALINAS AND CAROLLO ENGINEERS FOR THE
INDUSTRIAL WASTEWATER TREATMENT FACILITY EXPANSION PROJECT
WHEREAS, recent interest to develop additional processing facilities both at an existing industry location and in the Salinas Agricultural Industrial Center has created additional need for capacity at the IWTF; and
WHEREAS, the ambitious scope of work to be completed over the next four years, the need to engage consultants is pressing in order stay on schedule; and
WHEREAS, staff recommends sole source award of this work to Carollo as no other consulting entity is currently as familiar with the City’s needs and challenges associated with this effort and has the ability to begin work immediately; and
WHEREAS, the City of Salinas believes that the proposed action is a project as defined by the California Environmental Quality Act given its potential to affect direct physical change in the environment and hence has included CEQA efforts in the scope of work.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALINAS, that agreement between the City of Salinas and Carollo Engineers, Inc. to provide professional services related to the Industrial Wastewater Treatment Facility Expansion Project in the amount of $734,000 is hereby approved; and
BE IT FURTHER RESOLVED that the City Council approves an interfund loan of $734,000 from the General Fund to the Industrial Waste Fund; and
BE IT FURTHER RESOLVED that the City Council authorizes creation of and an appropriation to a dedicated CIP for the Industrial Wastewater Treatment Facility Expansion Project in the same amount of $734,000 from the Industrial Waste Fund; and
BE IT FURTHER RESOLVED that the Mayor of Salinas is hereby authorized and directed, for and on behalf of the City of Salinas, and as its act and deed, to execute the attached Agreement for Professional Services between the City of Salinas, a Charter City, and Carollo Engineers, Inc., a Delaware Corporation; and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute extensions and/or non-substantive modifications to the Agreement, as necessary.
PASSED AND ADOPTED this 14th day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
AGREEMENT
FOR PROFESSIONAL SERVICES FOR
ENVIRONMENTAL CONSULTANTS/
CONTRACTORS BETWEEN
THE CITY OF SALINAS AND CAROLLO
ENGINEERS, INC
Contents
RECITALS ................................................................................................................................. 1 TERMS ....................................................................................................................................... 1
1. Scope of Service. ................................................................................................................. 1
2. Term; Completion Schedule. ............................................................................................... 1
3. Compensation ...................................................................................................................... 1
4. Billing .................................................................................................................................. 1
5. Meet and Confer. ................................................................................................................. 2
6. Additional Copies. ............................................................................................................... 2
7. Responsibility of Consultant. ............................................................................................... 2
8. Responsibility of City. ......................................................................................................... 2
9. Acceptance of Work Not a Release. .................................................................................... 3
10. Indemnification and Hold Harmless. ................................................................................... 3
11. Insurance. ............................................................................................................................. 3
12. Access to Records. ............................................................................................................... 3
13. Assignment. ......................................................................................................................... 3
14. Changes to Scope of Work. ................................................................................................. 4
15. Ownership of Documents. ................................................................................................... 4
16. Termination. ......................................................................................................................... 4
17. Compliance with Laws, Rules, and Regulations. ................................................................ 5
18. Exhibits Incorporated. .......................................................................................................... 5
19. Independent Contractor. ....................................................................................................... 5
20. Integration and Agreement. ................................................................................................. 5
21. Jurisdiction. .......................................................................................................................... 5
22. Severability. ......................................................................................................................... 6
23. Notices. ................................................................................................................................ 6
24. Nondiscrimination................................................................................................................ 6
25. Conflict of Interest. .............................................................................................................. 7
26. Headings. ............................................................................................................................. 7
27. Attorneys’ Fees .................................................................................................................... 7
28. Non-Exclusive Agreement. .................................................................................................. 7
29. Rights and Obligations Under Agreement. .......................................................................... 7
30. Licenses................................................................................................................................ 7
31. Counterparts. ........................................................................................................................ 7
32. Legal Representation. .......................................................................................................... 7
33. Joint Representation. ............................................................................................................ 8
34. Warranty of Authority.......................................................................................................... 8
35. No Waiver of Rights. ........................................................................................................... 8 Exhibit A- Insurance Requirements for Environmental Contractors and/or Consultants ........ 10 Exhibit B- Scope of Service ..................................................................................................... 13
Enviro. Prof. Services Agreement v. January 2021 Page 1 of 12 Carollo Engineers, Inc.
June 2022
AGREEMENT FOR PROFESSIONAL SERVICES FOR ENVIRONMENTAL
CONSULTANTS/CONTRACTORS BETWEEN
THE CITY OF SALINAS AND CAROLLO ENGINEERS INC
This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 14th day of June, 2022, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and Carollo Engineers, Inc., a Delaware corporation, (hereinafter “Consultant”).
RECITALS
WHEREAS, Consultant represents that he, she or it is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and
WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, City and Consultant agree as follows:
TERMS
1. Scope of Service. The project contemplated and the scope of Consultant’s services are described in Exhibit B, attached hereto and incorporated herein by reference.
2. Term; Completion Schedule. This Agreement shall commence on June 14, 2022, and shall terminate on June 13, 2024, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties, and may be terminated only pursuant to the terms of this Agreement.
3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed seven hundred thirty-four thousand dollars ($734,000).
4. Billing. Consultant shall submit to City an itemized invoice, prepared in a form satisfactory to City, describing its services and costs for the period covered by the invoice.
Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant’s bills shall include the following information to which such services cost or pertain:
(A) A brief description of services performed;
(B) The date the services were performed;
(C) The number of hours spent and by whom;
(D) A brief description of any costs incurred; and
(E) The Consultant’s signature.
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Carollo Engineers, Inc.
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Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.
City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant. The City shall process undisputed portion immediately.
5. Meet and Confer. Consultant agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by the City to ensure timely and adequate performance of the Agreement.
6. Additional Copies. If City requires additional copies of reports, or any other material which Consultant is required to furnish as part of the services under this Agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the actual costs related to the production of such copies by Consultant.
7. Responsibility of Consultant. By executing this Agreement, Consultant agrees that the services to be provided and work to be performed under this Agreement shall be performed in a fully competent manner. By executing this Agreement, Consultant further agrees and represents to City that the Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the services contemplated under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant’s work. Consultant further agrees and represents that Consultant shall follow the current, generally accepted practices in this area to the profession to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement.
8. Responsibility of City. To the extent appropriate to the projects to be completed by Consultant pursuant to this Agreement, City shall:
(A) Assist Consultant by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the projects. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City.
(B) Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Consultant.
(C) Steve Carrigan, City Manager, or his designee, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall have the
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complete authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services. City may unilaterally change its representative upon notice to the Consultant.
(D) Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.
9. Acceptance of Work Not a Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Consultant from professional responsibility for the work performed.
10. Indemnification and Hold Harmless.
Consultant agrees to indemnify, including the cost to defend, City and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City; and does not apply to any passive negligence of the City unless caused at least in part by the Design Professional. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault.
Consultant shall not be responsible for warranties, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental, liquidated, or consequential damages to City or any third party arising out of breach of contract, delay, termination, or for professional negligence. Additionally, Consultant shall not be responsible for acts and decisions of third parties, including governmental agencies, other than Consultant’s subconsultants, that impact project completion and/or success.
11. Insurance.
Consultant shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.
12. Access to Records. Consultant shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Consultant’s usual and customary business hours.
Consultant shall provide proper facilities to City’s representative(s) for such access and inspection.
13. Assignment. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of
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Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City.
14. Changes to Scope of Work. City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be completed under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Rate of compensation shall be based upon the Consultant’s rates shown in Exhibit B of this Agreement. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes. Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.
15. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City’s behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify the Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Consultant.
16. Termination.
(A) City shall have the authority to terminate this Agreement, upon written notice to Consultant, as follows:
(1) If in the City’s opinion the conduct of the Consultant is such that the interest of the City may be impaired or prejudiced, or
(2) For any reason whatsoever.
(B) Upon termination, Consultant shall be entitled to payment of such amount as fairly compensates Consultant for all work satisfactorily performed up to the date of termination based upon the Consultant’s rates shown in Exhibit B and/or Section 3 of this Agreement, except that:
(1) In the event of termination by the City for Consultant’s default, City shall deduct from the amount due Consultant the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Consultant are made to compensate City for its actual additional costs incurred in securing satisfactory performance of the terms of this Agreement, including but not limited to, costs of engaging another consultant(s) for such purposes. In the event that such additional expenses shall exceed amounts otherwise due and payable to Consultant hereunder, Consultant shall pay City the full amount of such expense.
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Carollo Engineers, Inc.
June 2022
(C) In the event that this Agreement is terminated by City for any reason, Consultant shall: (1) Upon receipt of written notice of such termination promptly cease all services on this project, unless otherwise directed by City; and (2) Deliver to City all documents, data, reports, summaries, correspondence, photographs, computer software output, video and audio tapes, and any other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such material is to be delivered to City in completed form; however, notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such material.
(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.
(E) The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.
17. Compliance with Laws, Rules, and Regulations. Services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.
18. Exhibits Incorporated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities of the parties.
19. Independent Contractor. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or servant of the City.
20. Integration and Agreement. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.
21. Jurisdiction. This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.
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Carollo Engineers, Inc.
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22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
23. Notices.
(A) Written notices to the City hereunder shall, until further notice by City, be addressed to:
City Manager
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
With a copy to:
City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
(B) Written notices to the Consultant shall, until further notice by the Consultant, be addressed to:
Lydia Holmes
Vice President
Carollo Engineers, Inc.
2795 Mitchell Drive
Walnut Creek, CA 94598
(925) 932-1710
(C) The execution of any such notices by the City Manager shall be effective as to Consultant as if it were by resolution or order of the City Council, and Consultant shall not question the authority of the City Manager to execute any such notice.
(D) All such notices shall either be delivered personally to the other party’s designee named above, or shall be deposited in the United States Mail, properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail.
24. Nondiscrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion,
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ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.
25. Conflict of Interest. Consultant warrants and declares that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, in any manner or degree which will render the services required under the provisions of this Agreement a violation of any applicable local, state or federal law. Consultant further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Consultant as the result of Consultant’s performance of the work or services pursuant to the terms of this Agreement.
26. Headings. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.
27. Attorneys’ Fees. In case suit shall be brought to interpret or to enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys’ fees in addition to such costs as may be allowed by the Court. City’s attorneys’ fees, if awarded, shall be calculated at the market rate.
28. Non-Exclusive Agreement. This Agreement is non-exclusive and both City and Consultant expressly reserves the right to contract with other entities for the same or similar services.
29. Rights and Obligations Under Agreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.
30. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its representatives, agents or subcontractors by federal, state or local law, Consultant warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.
31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
32. Legal Representation. Each party affirms that it has been represented by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other
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party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.
33. Joint Representation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.
34. Warranty of Authority. Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.
35. No Waiver of Rights. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any of the terms of this Agreement shall not constitute a waiver thereof.
Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. A waiver by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
36. Delay. Consultant shall not be responsible for warranties, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental, liquidated, or consequential damages to City or any third party arising out of breach of contract, delay, termination, or for professional negligence. Additionally, Consultant shall not be responsible for acts and decisions of third parties, including governmental agencies, other than Consultant’s subconsultants, that impact project completion and/or success.
Enviro. Prof. Services Agreement v. January 2021
Carollo Engineers, Inc.
June 2022
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written above.
CITY OF SALINAS
__________________________________
Steve Carrigan
City Manager
APPROVED AS TO FORM:
_________________________________
□ Christopher A. Callihan, City Attorney or
□ Rhonda Combs, Assistant City Attorney
CONSULTANT
___________________________________
By: Lydia Holmes
Its: Vice President - Carollo Engineers
Anne E. Prudhel
Enviro. Prof. Services Agreement v. January 2021
Carollo Engineers, Inc.
June 2022
Exhibit A- Insurance Requirements for Environmental Contractors and/or Consultants
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees, or subcontractors. With respect to General Liability, Errors & Omissions, Contractor’s Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after Contract completion.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form CA 0001 covering any auto (Code 1), or if Consultant has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability and/or Errors & Omissions: Insurance applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, the Consultant shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Consultant shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Enviro. Prof. Services Agreement v. January 2021
Carollo Engineers, Inc.
June 2022
Other Insurance Provisions
A. The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Forms CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
2. For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Salinas, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
B. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:
1. The retroactive date must be shown, and must be before the date of the contract or the beginning of Agreement of work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Consultant must purchase an extended period coverage for a minimum of five (5) years after completion of Agreement work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead-based paint or asbestos identification / remediation, the Contractor’s PLL policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Contractor’s PLL shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.
Enviro. Prof. Services Agreement v. January 2021
Carollo Engineers, Inc.
June 2022
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII if admitted in the State of California. If Contractor’s Pollution Liability, Asbestos Pollution and/or Errors & Omissions coverages are not available from an admitted insurer, the coverage may be written by a non-admitted insurance company. A non-admitted company should have an A.M.
Best rating of A:X or higher. Exception may be made for the California State Compensation Insurance Fund if not rated.
Verification of Coverage
Consultant shall furnish the City with original certificates of insurance and amendatory endorsements, or copies of the applicable insurance policy language effecting coverage required by this contract and a copy of the Declarations and Endorsements page of the policy listing all policy endorsements. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Waiver of Subrogation
Consultant hereby grants to City a waiver of subrogation which any insurer may acquire against City, its officers, officials, employees, and volunteers, from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Consultant, its employees, agents, and subcontractors.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City of Salinas is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as ISO CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Maintenance of Insurance
Maintenance of insurance by Consultant as specified shall in no way be interpreted as relieving Consultant of its indemnification obligations or any responsibility whatsoever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary.
Enviro. Prof. Services Agreement v. January 2021
Carollo Engineers, Inc.
June 2022
Exhibit B- Scope of Service
[Scope of Service; Compensation]
2795 Mitchell Drive, Walnut Creek, California 94598
P. 925.932.1710 F. 925.930.0208
52122 Proposal letter.docx
May 21, 2022
City of Salinas
200 Lincoln Avenue
Salinas, CA 93901
Subject: Salinas Industrial Waste Facilities Improvement Projects Dear Mr. Frus:
Enclosed is the proposal for Carollo’s services for the Industrial Waste Facilities Improvement Projects. We appreciate the opportunity to continue to work with you, taking the next steps to address capacity and system deficiency needs.
We look forward to getting this project started. Please let us know if you have any questions.
Sincerely,
CAROLLO ENGINEERS, P.C.
Lydia Holmes, PE
Vice President
LH
Scope of Work
for City of Salinas Industrial Waste Facilities
Improvement Projects (FY22/23)
The City of Salinas (City) owns and operates an Industrial Waste Collection and Conveyance System (IWCCS), which is separate from the City’s sanitary and storm sewer systems. The system accepts flow from 23 different facilities, which are primarily for agricultural processing, such as fresh produce washing and packaging operations. The wastewater is conveyed for disposal or recycling to the Industrial Waste Treatment Facility (IWTF) located south of the City on the Salinas River. Carollo Engineers, Inc., was hired to evaluate the IWCCS and IWTF and found that there were a number of system issues that need to be addressed including IWTF capacity for treatment and disposal – now and to handle future growth. Specific infrastructure to be improved are:
• Influent Pump Station flow metering
• Pond Automation and Flow Distribution
• Aeration Lagoon Aerators and New Aeration Lagoon
• Pond 3 Pumpstation expansion
• Pond Aeration VFDs
• Electrical Equipment relocation
• Backup Power
• Airport Lift Station
Design of these elements will be prepared by other consultants under direct contract to the City. Carollo (Consultant) will provide program management services to assist the City in coordinating and reviewing the design work, develop a funding and financing strategy and pursue funding, address CEQA documentation requirements and begin discussions regarding funding, and engaging local industrial customers to address overallocation of capacity that would necessitate building more capacity than needed. Specific tasks are detailed as follows:
Task 1 – Project Management and Meetings/Coordination
Carollo will provide management of the project including regular meetings, coordination with the City and subconsultants, and monthly invoices. It is assumed that the schedule for this phase of work will last approximately one year, matching the fiscal year 22/23. Biweekly virtual meetings are assumed for the duration of the project. Agendas and topics to discuss will be determined prior to each meeting.
Deliverables:
• Meeting agendas and notes, as needed
Task 2 - Support for Industrial Allocation Adjustment and M1W Negotiations Carollo will assist the City in discussions with the industrial dischargers to support a reallocation of capacity to better meet actual needs and to communicate the new rate structure, if needed. Most of this effort will be conducted under a different contract. Effort in this task will be related on ongoing coordination required to define future flow at the IWTF related to industrial allocations.
Deliverables:
• Update of Summary memo of industrial allocations (prepared in previous contract), if needed Task 3 – Percolation Pond Hydrogeologic Investigation
Carollo and its subconsultants will conduct a study of the hydrogeologic conditions of the existing percolation ponds to better understand the conditions and capacity of the ponds. Study will include review of local geology and hydrogeology, subsurface investigations, borings, and a comprehensive report. Recommendations for improving percolation capacity will also be developed.
Efforts include:
1. Exploratory borings including six borings around the three ponds a. Describe materials sampled every 2 feet between surface and 30 feet b. Collect undisturbed samples for permeability tests from surface downward c. Data report
2. Collect soil samples within three percolation ponds
a. Total of six shallow backhoe pits in ponds if accessible b. Log materials and collect undisturbed samples with particular emphasis on shallow materials
3. Desktop review of available geotechnical documentation
4. Additional flow monitoring to developing a more comprehensive water balance a. Evaporation pan
b. Three weeks of staff time
c. Materials (stilling wells, transducers with telemetry)
5. Reporting to present estimate of percolation pond performance and suggested operational changes as warranted, and meeting to present results
Performing this work will require access to the pond bottoms with the ponds being dry enough for track mounted equipment to traverse across them for both the borings and the shallow test pits. This will likely require diversion to drying beds and/or M1W for adequate disposal capacity and could require temporary bypass piping. It is assumed the City will provide any equipment needed to bypass and dry out the ponds. Once the ponds are adequately dry, it is anticipated that the borings will take 3 days to complete. Proposal from subconsultants GSI and Yeh are attached.
Deliverables:
• Technical memorandum summarizing pond evaluations and recommendations.
Task 4 – Funding/Financing Planning and Applications
Carollo will assist the City in planning and applying for funding for the Improvement Project elements.
Task 4.1 – Funding/Financing Plan
Carollo will review current and anticipated funding options and develop a funding/financing plan for the City. Currently the City is considering State revolving fund (SRF) loans. The City also is interested in grant funding opportunities. Carollo will research and compile a matrix summarizing potential funding sources and general requirements that need to be met to apply for funding. Following a meeting with the City, a strategy document will be developed summarizing the funding/financing plan. The evaluation of funding sources will consider the timing and likelihood of award in laying out the preferred approach as well as necessary project development and document requirements. Cash flow will also be considered to determine how a combination of funding mechanism may need to be combined.
Carollo will also monitor State and Federal funding opportunities for grants and low interest loans for which the City may be eligible. As opportunities are identified, Carollo will contact the issuing agency to better understand the funding opportunity requirements and project eligibility, as needed. Carollo will monitor funding opportunities over the course of this project and assumes an average of 2 hours of research and reporting per month. This task does not include development of application packages for identified funding opportunities.
Deliverables:
• Funding Matrix
• Memo summarizing funding/financing plan, draft and final.
Task 4.2 – SRF Funding Application
Carollo shall assist the City with coordination and preparation of support documents for the CWSRF loan application package for this project utilizing information provided by the City, its consultants, and/or existing project documents. Consultant assumes the City and its consultants will provide all necessary project information required for the CWSRF application. Consultant’s scope of services shall include:
Attend Meetings. Consultant shall conduct a total of four (4) virtual meetings with City staff to discuss CWSRF loan application processes and other requirements necessary to apply for financing. Consultant shall also attend a total of two (2) virtual meetings with SWRCB staff to discuss the CWSRF loan application and documents. This includes discussion with SWRCB on scoring of project.
Research and Data Collection. Consultant shall work with the City, the environmental subconsultant, and the City’s finance department to identify and obtain necessary project information required for the CWSRF application package. Technical information to be gathered include, but is not limited to: project report and other project documentation, CIP, project schedule, project budget, etc. Financial information to be gathered include, but is not limited to: financial statements, cash flow information, service management/operating and joint powers agreements, tax data, and certification/resolutions.
Environmental information to be gathered include, but is not limited to: environmental documentation, summary of permits/agreements, air quality analyses, alternative analysis, etc.
Consultant shall work with the City to prepare the following for the CWSRF Application:
1. General Application Package. Consultant shall prepare the draft and final general application package.
Tasks include coordinating with the City to obtain the required information, development of signatory resolution, incorporating City review comments and preparation of the final General Package for submittal.
2. Financial Application Package. Consultant shall work with the City’s financial department to co- prepare the draft and final financial application package and attachments. It is assumed the City will provide the required financial information to complete the package (including 3 years of Audited Financials, 2 years of budget projections), complete the tax questionnaire, prepare the required attachments for the financial application, obtain the required reimbursement, rate adoption resolution, and closing resolutions, and prepare the schedule of related debt and debt documents.
3. Environmental Application Package. Consultant shall work with environmental subconsultant to gather the required environmental information to complete the Environmental Application package.
This includes the additional stand-alone reports needed for the CWSRF Environmental Package, specifically for biological resources, cultural resources, federal air conformity analysis, and an environmental alternatives analysis. It is assumed environmental review of the project and development and adoption of the environmental documentation/certification will be prepared by City staff.
4. Technical Application Package. Consultant shall prepare the draft and final technical application package with information gathered from existing project documentation. Consultant shall identify required information and document key project information in order to meet the application requirements, streamline the technical package effort, and maximize flexibility for design changes.
Consultant shall work with City staff in the development of the Climate Change Worksheet and required Attachments. It is assumed the City will provide a Climate Action Plan (if available). In addition, City will need to provide to SRF a Fiscal Sustainability Plan and Certification, as well as complete required certifications (General Plan Compliance, Compliance with Water Metering, Cost and Effectiveness and Water and Energy Conservation/Efficiency and Water Conservation and Water Management). Carollo will help the City pull existing City information into a Fiscal Sustainability Plan.
Upon completion of the final CWSRF Application Packages, Consultant shall upload the packages to the SWRCB FAAST system and coordinate with the SWRCB to verify successful submission of the project’s CWSRF application package and identify any other required documentation to accept the City’s application as complete and to optimize the packages scoring. Once all application packages have been submitted to the SWRCB, Consultant shall serve as the State’s main point of contact and/or provide support to City staff throughout the package review and scoring process. Based on SWRCB comments, Consultant shall work with the City and its consultants to develop project information and/or documentation to optimize the project’s scoring.
SWRCB Application Review and Agreement Execution. If the City’s project is placed on the Intended Use Plan, Consultant shall continue to serve as the State’s main point of contact and/or provide support to City staff throughout the package review and scoring process. Consultant shall promptly address review questions from the State to keep the SRF Package review on track and coordinate/communicate with the SWRCB during the package review process. Consultant shall also assist the City with final execution of the CWSRF loan agreement. Consultant shall prepare City staff with details and requirements of the final agreement, and will provide support to the City’s legal and financial departments throughout the negotiations process.
Design Compliance with CWSRF Requirements. Consultant shall assist the City in conforming CWSRF compliance for the design project(s) including review of front end documents for compliance with CWSRF requirements. This task does not include compliance services during construction as it is assumed the City’s construction management team will lead that effort.
Deliverables:
• Meeting agenda and notes.
• CWSRF loan application schedule.
• CWSRF loan application packages.
Task 4.3 – Grant Application
Carollo will support the City in applying for one grant application based on likely funding sources identified in Task 4.1. Depending on the grant, the effort may include developing project descriptions, project benefits, project costs and funding plan details. Carollo will lead the development of the draft and final grant application per funding agency’s requirements and if requested submit the grant package on behalf of the City. City will provide required resolutions and financial documentation. City will coordinate required signatures on the grant application and forms as well as provide available technical information. For budgeting purposes, a fee of $30,000 has been estimated. Based on the type of application selected, the level of effort may actually vary.
Deliverables:
• One grant application, draft and final.
Task 5 – Technical Project Report for Funding Submittal Carollo will develop a Project Report for the Industrial Waste Facilities Improvement Project per the SWRCB SRF Technical Package Project Report requirements. It is assumed that the City’s Project will be funded under the Clean Water SRF program, therefore a CWSRF Project Report (signed and stamped by a professional engineer) will be required. The Project Report will include an executive summary and discussion on project area, wastewater characteristics/existing facilities and current water quality, treatment objectives for discharge or reuse, project alternatives analysis (including no project) and recommended project (project description, preliminary design criteria, advantages/disadvantages of the proposed project, planning requirement compliance, green/resiliency components, water demand/capacity analysis, estimated useful life, detailed cost estimates including life cycle, and project schedule). Carollo will develop a draft Project Report for City review and will incorporate City comments into the final Project Report.
Deliverables:
• One technical project report, draft and final.
Task 6 – Influent Flow Meter
Carollo will evaluate alternative flow metering options to track influent industrial flows to the IWTF.
Carollo will develop a matrix of pros and cons as well as rough costs for metering. Once a preferred approach is developed, Carollo will work with the City and suppliers to procure and install a flow meter.
Deliverables:
• Matrix on flow meter selection.
Task 7 – Permitting
Carollo will lead the effort for obtaining permits to expand the IWTF capacity to accommodate the projected industrial growth. Carollo will coordinate with the RWQCB and prepare a Report of Waste Discharge describing the intended capacity increase and describing the IWTF Improvement project. It is anticipated that up to three meetings may be required with the RWQCB along with providing them details on the proposed project and facility capacity. It is not anticipated that any building permits will be required. A grading permit may be required for construction. An air permit will be required for the new standby generator at the IWTF. Carollo will coordinate with the Monterey Bay Air Resources District to obtain authority to construct and a permit to operate for the new generator. It is assumed that the City will pay the air permit application fee directly to the District. Contractors will be responsible for preparing a SWPPP for the RWQCB.
City’s design consultant will be responsible for coordinating with PG&E for electrical and power requirements. Carollo will help facilitate discussions with PG&E.
Deliverables:
• Report of Waste Discharge for new WDR
• Air Permit application
• Meetings notes and agendas
Task 8 – CEQA Documentation and Coordination
Carollo and its subconsultant will work with the City and other consultants to develop a CEQA strategy and all CEQA documentation for the Industrial Waste Facilities Improvements Projects. For budgeting purposes, it is assumed that a mitigated negative declaration will be used for CEQA Plus compliance to meet SRF funding requirements. Carollo will use a subconsultant to perform CEQA Plus documentation, consistent with SRF loan requirements. It is assumed that all project elements and packages will be developed under one CEQA document. A proposal from subconsultant LSA is attached for reference.
Efforts included in this task include:
• Project Initiation – project start-up with kickoff meeting and data review and development of project description.
• CWSRF Environmental Application technical documentation – including biological resources field work and TM; cultural resources analysis, field work and report; air emissions evaluations, and alternatives analysis.
• CEQA documentation – including Administrative Draft Initial Study and Mitigated Negative Declaration (IS/MND), Screen Draft IS/MND, Public Draft IS/MND, Final IS/MND and Notice of Determination.
Deliverables:
• Project Description
• Biological Resources TM
• Cultural Resources Report
• Environmental Application
• Admin Draft, Draft, Public Draft and Final IS/MND
• Notice of Determination
Task 9 - Technical Oversight, Coordination and Review
Carollo will provide technical review, coordination and oversight on behalf of the City to review the design efforts being prepared by other consultants. Carollo will review submittals and provide comments on drawings and specifications. Carollo will also participate in technical meetings to discuss designs. It is assumed there will be three design/construction packages.
Task 9.1 – Meetings
Carollo will attend the monthly meetings (virtually) with E2 and the City to review progress on the technical packages.
Task 9.2 – Aeration Lagoon Improvements Package
Carollo will review the 30%, 60% and 90% design packages and provide comments on drawings and specifications on the City’s behalf. It is assumed the package could be up to 100 drawings.
Task 9.3 – Pond Automation/Distribution and Pond 3 Pump Station Package Carollo will review the 50% and 90% design packages and provide comments on drawings and specifications on the City’s behalf. It is assumed the package could be up to 30 drawings.
Task 9.4 – VFDs and Backup Power Package
Carollo will review the 50% and 90% design packages and provide comments on drawings and specifications on the City’s behalf. It is assumed the package could be up to 20 drawings.
Task 9.5 – Airport Lift Station Package
Carollo will review the 30%, 60% and 90% design packages and provide comments on drawings and specifications on the City’s behalf. It is assumed the package could be up to 50 drawings.
Deliverables:
• Written comments on design deliverables for four packages.
Scope Assumptions
Consultant shall be entitled to use and reasonably rely upon all such information and services provided by City or others in performing Consultant's services under this Scope of Work.
Consultant has no control over the cost of labor, materials, equipment or services furnished by others.
Consultant cannot and does not guarantee that actual costs and/or quantities realized will not vary from the data projections and estimates prepared by Consultant.
The services to be performed by Consultant are intended solely for the benefit of City. No person or entity not a signatory to the Agreement shall be entitled to rely on consultant's performance of its services hereunder, and no right to assert a claim against Consultant by assignment of indemnity rights or otherwise shall accrue to a third party as a result of the Agreement or the performance of Consultant's services.”
CAROLLO ENGINEERS, INC.
FEE SCHEDULE for
City of Salinas IWTF Improvement Project
FY 22/23
Classification
Principle in Charge
Project Manager
Funding Lead
Project Engineer
Professional Engineer
Staff
Disciplines (QA/QC)
Graphics
Word Processing/Admin
Project Equipment Communication Expense
(PECE) Per DL Hour
Travel and Expenses
Milage at IRS Reimbursement Rate
Subconsultants
Hourly Rate
$303
$293
$265
$235
$185
$160
$270
$165
$130
$13
At cost
milage at $.585 per mile
cost + 10%
This fee schedule is subject to annual revisions due to labor adjustments.
Hours by Classification
Funding/Financing
Project Engineer
Staff
Discipline QAQC
reviewers Labor PECE
Printing/
Travel
Subs/
Direct Costs
Subs/
Direct Cost
+ 10%
Subs and
Other Direct
Expenses Estimated Fee
Task 1 - Project Management and Meetings 20 24 16 12 28 8 0 0 11 119 28,000$ 1,547$ -$ -$ 1,547$ 29,547$ Task 2 - Industrial Allocation Adjustments and M1W Negotiations 0 0 0 0 8 4 0 0 0 12 2,100$ 156$ -$ -$ -$ 156$ 2,256$ Task 3 - Pond Percolation Study/Hydrogeo Investigation 4 12 0 8 16 24 8 2 2 76 16,200$ 988$ -$ 103,285$ 10,329$ 114,602$ 130,802$ Task 4 - Funding/Financing Planning and Applications 24 32 136 24 172 176 0 24 22 610 125,100$ 7,930$ -$ -$ -$ 7,930$ 133,030$ Task 4.1 – Funding/Financing Plan 8 12 24 24 12 16 0 4 6 106 24,200$ 1,378$ -$ -$ -$ Task 4.2 – SRF Funding Application 8 12 80 0 120 120 0 8 8 356 70,900$ 4,628$ -$ -$ -$ Task 4.3 – One Grant Application 8 8 32 0 40 40 0 12 8 148 30,100$ 1,924$ -$ -$ -$ Task 5 - Technical Project Report for Funding Submittal 8 24 48 0 40 60 0 8 4 192 41,000$ 2,496$ -$ -$ -$ 2,496$ 43,496$ Task 6 - Flow Meter 2 6 0 12 8 24 0 4 4 60 11,700$ 780$ -$ 780$ 12,480$ Task 7 - Permitting 12 40 4 48 56 60 0 8 8 236 50,000$ 3,068$ -$ 20,000$ 2,000$ 25,068$ 75,068$ Task 8 - CEQA documentation and coordination 8 16 8 0 24 12 0 8 0 76 16,900$ 988$ -$ 89,152$ 8,915$ 99,055$ 115,955$ Task 9 - Technical Oversight, Coordination and Review 8 102 0 162 12 0 400 0 12 696 182,200$ 9,048$ -$ -$ -$ 9,048$ 191,248$ Task 9.1 – Meetings - Attend E-2s kickoff, site visit and monthly meetings 0 16 0 0 12 0 0 0 0 28 6,900$ 364$ -$ -$ Task 9.2 – Aeration Lagoon Improvements - 30/60/90 review (est 100 drawings) 2 40 0 80 0 0 200 0 2 324 85,400$ 4,212$ -$ -$ -$ Task 9.3– Pond Automation/Distribution, P3PS - 50/90 review (30 drawings) 2 20 0 30 0 0 60 0 2 114 30,000$ 1,482$ -$ -$ -$ Task 9.4 – VFDs and Backup Power - 50/90 review (20 drawings) 2 10 0 20 0 0 40 0 4 76 19,600$ 988$ -$ -$ -$ Task 9.5 – Airport Lift Station - 30/60/90 review (50 drawings) 2 16 0 32 0 0 100 0 4 154 40,300$ 2,002$ -$ -$ -$ Total Hours and Fee 86 256 212 266 364 368 408 54 63 2077 473,200$ 27,001$ -$ 212,437$ 21,244$ 260,682$ 733,882$ City of Salinas
Industrial Wastewater System Improvements and Expansion Support Fee Estimate
Task Description
Principle in Charge
Professional Engineer
Graphics
Word
Processing/Admin
Total Hours
Project Manager
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-305, Version: 1
Underline Small Cell Master License Agreement
Approve a Resolution approving a Master License Agreement with Underline Monterey, LLC for the installation of Small Wireless Facilities within the public right-of-way.
City of Salinas Printed on 6/8/2022Page 1 of 1
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: JUNE 14, 2022
DEPARTMENT: OFFICE OF THE CITY MANAGER
FROM: ANDREW MYRICK, SR ECONOMIC DEVELOPMENT MGR
TITLE: UNDERLINE SMALL CELL MASTER LICENSE AGREEMENT
RECOMMENDED MOTION:
A motion to a pprove the attached Resolution approving a Master License Agreement with Underline Monterey, LLC for the installation of Small Wireless Facilities within the public right- of-way.
RECOMMENDATION:
Staff recommends that the Council approve the attached Resolution and Agreement.
BACKGROUND:
In December 2021, the City Council entered into a License Agreement with Underline Monterey, LLC (“Underline”) which allow s Underline to construct a private fiber network and provide broadband service throughout the City of Salinas. Underline continues to acquire supplies and perform engineering work and currently plans to begin work on the project later this year.
In addition to installing fiber, a critical component of Underline’s network will involve the placement of Small Wireless Facilities at va rious locations throughout the city. Small Wireless Facilities (also known as “small cells” or “SWFs”) generally include small antennas mounted on existing structures, rather than the larger antennas that are mounted onto dedicated towers.
There are many potential locations for SWFs throug hout the City – one of the most common are the City-owned street lights in the public right -of-way. The City has already approved Master License Agreements with two other companies (AT&T and Extenet) to install SWFs on City - owned street lights within the public right -of-way. Further, the City Council has previously approved design standards, permitting processes, and fees for the review, inspection, and monitoring of these facilities via Resolutions 21580 and 21581. As such, City staff already has processes in place to review any proposed SWFs and has already completely processed over 50 applications from other licensees to install SWFs on street lights.
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Proposed License Agreement
The terms of this Agreement with Underline are broadly the same as those provided to other companies, and may be summarized as follows:
Applicability – The Agreement would cover SWFs mounted on City-owned infrastructure within the right-of-way. Facilities that are not SWFs, are not mounted on City-owned infrastructure (such as poles owned by PG&E), and/or are not located in the right -of-way (such as C ity-owned buildings) are not covered by this Agreement.
Term – The primary term of the Agreement is ten years; the Agreement would automatically renew for one additional five -year term (15 years total) unless Underline elects to terminate the Agreement after the initial ten-year term. Following this period, Underline may extend the term of the Agreement in three-year increments so long as it complies with the terms of its previously approved Network Deployment and License Agreements. The City otherwise r etains the ability to terminate the Agreement early for cause.
Permitting/Design – Facilities allowed under this Agreement would still be required to obtain all required Permits and must meet the standards specified in the City’s adopted Design Standards.
Additionally, Underline would have the option of submitting “standard plans,” allowing for the reuse of pre-approved designs across multiple applications. This has the advantage of reducing the need to review individual facility designs and will save time for both Underline and City staff.
Other Requirements – The Agreement provides standards for site maintenance, operation, removal, and insurance. The City will also collect $270 annually in Monitoring Fees for each site.
CEQA CONSIDERATION:
The proposed Agreement is exempt from the California Environmental Quality Act (CEQA) per Section 15302 and 15303 (Class 2 and Class 3) of the CEQA Guidelines, as the FCC has already deemed the installation of SWFs in the ROW to be approved, and as the Agreement does not permit any activity beyond those already permitted by the FCC and City regulations, there is no potential for these regulations to cause a significant effect on the environment.
STRATEGIC PLAN INITIATIVE:
This item will support the Council’s goal of Economic Development by facilitating the construction of a new broadband network in the City of Salinas.
DEPARTMENTAL COORDINATION:
The Economic Development Division has coordinated with the Public Works Department and Information Technology Division in the preparation of this item.
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FISCAL AND SUSTAINABILITY IMPACT:
This item is expected to have no fiscal impact on the City’s finances; although some minor revenues would be collected, these would be offset by the cost of providing the services for which they are collected.
ATTACHMENTS:
Proposed RESOLUTION, including Exhibit A
Exhibit A – Proposed Master License Agreement, including Exhibits 1-5 Exhibit 1 – Definitions
Exhibit 2 – LICENSOR’s Current Design Regulations
Exhibit 3 – Current LICENSOR Fees
Exhibit 4 – Required Permit Information
Exhibit 5 – Form of Site License
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RESOLUTION NO. (N.C.S.)
A RESOLUTION APPROVING A MASTER LICENSE AGREEMENT WITH
UNDERLINE MONTEREY, LLC FOR THE INSTALLATION OF SMALL WIRELESS
FACILITIES WITHIN THE PUBLIC RIGHT-OF-WAY
WHEREAS, the Salinas City Council desires to improve access to broadband services through both wireless and direct connections; and
WHEREAS, on December 14, 2021, the Salinas City Council adopted Resolution No. 22264 entering into a Network Deployment and Service Agreement with Underline Monterey, Inc. (“Underline”) to allow Underline to construct and operate a n open -access broadband network within the City of Salinas; and
WHEREAS, Underline desires to utilize City-owned infrastructure within the public right- of-way for the installation of Small Wireless Facilities; and
WHEREAS, on April 2, 2019, the Salinas City Council adopted Resolutions 21580 and 21581 establishing regulations and fees to govern the permitting, inspection, and monitoring of Small Wireless Facilities within the City right-of-way; and
WHEREAS, pursuant to the above, the City and Underline have negotiated a Master License Agreement for the use of City-owned facilities within the right-of-way for Small Wireless Facilities.
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby approves the attached Master License Agreement and authorizes the City Manager to execute said Agreement on behalf of the City of Salinas.
PASSED AND APPROVED this 14th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________
Kimbley Craig, Mayor
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ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Attach:
Exhibit A – Proposed Master License Agreement, including Exhibits 1-5 Exhibit 1 – Definitions
Exhibit 2 – LICENSOR’s Current Design Regulations
Exhibit 3 – Current LICENSOR Fees
Exhibit 4 – Required Permit Information
Exhibit 5 – Form of Site License
1 LICENSE AGREEMENT FOR
WIRELESS INSTALLATIONS ON PUBLIC STRUCTURES
This License Agreement for Wireless Installations on Public Structures (“Agreement”) is made and entered into as of this 14th day of June, 20 22 (the “ Effective Date ”), by and between the CITY OF SALINAS, a California charter city and m unicipal corporation (“LICENSOR”) and UNDERLINE MONTEREY, LLC, a Delaware limited liability company (“Licensee”).
RECITALS
WHEREAS, on December 14, 2 021, LICENSOR and Licensee entered into a Network Deployment and Service Agreement, including a License Agreement (collectively the “Deployment Agreements”), for Licensee to construct and operate an open-access fiber network within the public right- of-way; and
WHEREAS, the execution of the Deployment Agreements was consistent with a goal and priority of the LICENSOR to establish a broadband network to serve the needs of the City’s residents and businesses; and
WHEREAS, under an open-access network, Licensee, as a broadband access provider, will deploy network infrastructure and prov ision its proprietary software-based marketplace where numerous service providers can be empowered to compete to provide services, and customers can select desired services based on clear, accurate and competitive service options; and WHEREAS, while part of the broadband network will be designed to provide fiber to the home, part of the network will utilize wireless antenna equipment and facilities to provide service, where attachment to and use of LICENSOR streetlight poles and other structures would be efficient and beneficial; and
WHEREAS, accordingly, Licensee seeks the right to attach Wireless Installations to certain Structures and to utilize certain Infrastructure upon the terms and conditions set forth below and consistent with the Deployment Agreements; and
WHEREAS, LICENSOR is willing to accommodate Licensee’s non -exclusive use of such Structures and Infrastructure in accordance with Laws and the terms and conditions of this Agreement and consistent with the Deployment Agreements; and
WHEREAS, any capitalized terms in this Agreement shall have the meaning ascribed to them in Exhibit 1 attached hereto and incorporated herein by reference.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, receipt of which is hereby conclusively acknowledged, the Parties agree as follows:
1. GRANT OF LICENSE
1.1 Grant of License. LICENSOR hereby grants Licensee a non-exclusive, revocable license for Licensee’s use of Licensed Sites throughout the City of Salinas, and provides the right, as necessary, to utilize, replace or upgrade LICENSOR’s Structures and Infrastructure in accordance with the terms and conditions of this Agreement, as provided herein, and as provided in the individual Site Licenses signed by LICENSOR pursuant to this Agreement. The license granted herein is revocable only in accordance with the terms and conditions of the Agreement. No use of LICENSOR’s Structures or Infrastructure under this Agreement shall create or vest in Licensee any ownership or property rights in such Structures or Infrastructure. Nothing in this Agreement grants Licensee the right to make any Wireless Installation, or to install other facilities, including Wireless Installations, that do not conform to this Agreement.
1.2. Permitted Use . Licensee may use LICENSOR’s Structures and Infrastructure for the Permitted Use, subject to the terms and conditions of this Agreement.
1.3 Agreement Term. This Agreement shall commence as of the Effective Date, and, if not lawfully terminated sooner, remain in full force and effect for the Agreement Initial Term. This Agreement
2 will automatically renew for one (1) five (5) year renewal term, unless Licensee provides written notice of termination to LICENSOR at least ninety (90) days prior to the expiration of the Agreement Initial Term.
Notwithstanding the above, Licensee may, at its sole discretion, elect to renew this Agreement in three (3)- year increments, provided that the Deployment Agreements between Licensee and LICENSOR remain in force and effect.
1.4 Site License Term. The term for each individual Site License shall commence on the Commencement Date and shall be coterminous with the Term of this Agreement. Subject to the terms of Section 13.5 of this Agreement, following the expiration of this Agreement, each Site License entered into hereunder shall survive and continue for an additional period of five (5) years thereafter (the “Amortization Period”). No Amortization Period shall be provided if this Agreement is terminated pursuant to Section
13.4(c) or 13.4(d) of this Agreement.
2. SCOPE OF LICENSE
2.1 Scope of License Generally . LICENSOR acknowledges that Existing Laws specify the appropriate level of RF Emissions, as well as prohibit LICENSOR from enacting any policies which prohibit or effectively prohibit the installation of wireless telecommunications networks. Licensee shall not have a presumed right to construct Wireless Installations at the time and place of its choosing unless it can demonstrate to the satisfaction of the LICENSOR that, due to peculiarities of the requested Licensed Site, it is impractical to comply with the requirements of this Agreement. In that scenario, LICENSOR and Licensee shall work together to identify Licensed Site s and Wireless Installation s that will achieve the highest degree of compliance possible while not effectively prohibiting installation.
2.2 Standards for Construction. Except as provided in Section 2.1, above, Licensee shall install all Wireless Installations and Infrastructure in accordance with the following:
(a) Wireless Installations and Infrastructure shall be installed in accordance with LICENSOR’s “Dig Once” Policy , including requirements for method of installation and notification of third parties. Licensee acknowledges that it may be necessary to utilize ex isting conduit or fiber lines if Infrastructure serving a proposed Wireless Installation cannot otherwise be installed without violating LICENSOR’s “Dig Once” Policy.
(b) Design of Wireless Installations and Infrastructure . Wireless Installations and Infrastructure shall be installed in accordance with the Design Standards specified in City Regulations, as they may be amended from time-to-time. Current City Regulations include City of Salinas Resolution No. 21580, a copy of which is attached hereto as Exhibit 2.
2.3 Pre-Approved Designs. Licensee may request that LICENSOR approve designs where both Licensee and LICENSOR mutually agree that the design would have broad applicability throughout the city. The City Manager or his/her designee shall have the authority to approve of these designs. This approval may include restrictions regarding the geographic area, type of Structure, and/or types of adjacent land uses for which the Pre -Approved Design is appropriate. Once a Pre -Approved Design has been approved by LICENSOR, Licensee may continue to utilize this design in future Permit applications. Items covered by the Pre -Approved Design shall be deemed compliant by LICENSOR unless specifically prohibited by Law (including any New Law). Further, applications utilizing Pre -Approved Designs shall be eligible for Expedited Processing, as defined in Section 4.3 below.
3. CHARGES, BILLING AND PAYMENT
3.1 Annual License Payment.
(a) Licensee shall pay LICENSOR Seven-Hundred Fifty and No/100 Dollars ($750.00) per Wireless Installation located at a Licensed Site (the “ License Payment ”). The License Payment is per Wireless Installation, and includes all Structure, Infrastructure, appurtenant equipment and facilities used in connection with each Wireless Installation. (i) Payments will normally accrue on July 1st of each year for the upcoming year
3 running July 1 st to June 30 th. The License Payment for newly constructed Wireless Installations is due within 60 days of the Commencement Date at the Licensed Site and will be prorated for the remainder of the Fiscal Year through June 30th based on a 360-day calculation. (ii) Notwithstanding the foregoing, the Parties acknowledge that this License Payment is prohibited under the Federal Communications Commission’s Declaratory Ruling and Third Report and Order, FCC 18-133 (the “Order”), and is not collectible while said Order is in effect. Licensee shall not be required to submit License Payments so long as said Order remains in effect and continues to prohibit said License Payments. In the event that said Order is reversed, repealed, amended, or modified (collectively, a “ Modification”) by the FCC, Federal Government, court, or other governmental body of competent jurisdictions in such a manner that the City is legally permitted to collect this License Payment (or a portion thereof), License Payments for each Wireless Installation shall be due on a prorated basis in the manner described in subsection (a) above as of the effective date of said Modification; provided, however, that if, within 90 days of the effective date of said Modification, enforcement of the Modification is enjoined, or if the Modification is stayed on appeal, the License Payment shall continue to be abated until such time as the injunction is lifted or pending appeal is fully adjudicated , as applicable . If said Modification is enjoined o r stayed as described above more than 90 days following the effective date of said Modification, then License Payments shall be due on a pro-rated basis (based on a 360-day calculation) for the time period between the effective date of the Modification and the effective date of the injunction or stay.
(iii) LICENSOR shall have no right to collect, and hereby forfeits, any License Payments which would otherwise be due prior to the effective date of the Modification. (b) In addition to the License Payments, Licensee is also required to pay an annual monitoring fee (the “Monitoring Fee”), which is currently set at Two Hundred Seventy and No/100 Dollars ($270.00) pursuant to City of Salinas Resolution No. 21581, a copy of which is attached hereto as Exhibit
3. If the Licensee is required to pay both an ongoing annual Monitoring Fee and a License Payment, the amount of the License Payment shall be reduced by an amount equal to the Monitoring Fee paid, up to a maximum of fifty percent ( 50%) of the License Payment due. In no case shall the Monitoring Fees be waived, nor the License Payment be reduced by more than fifty percent (50%) of its then-current amount.
In the event that a subsequent legal or regulatory requirement becomes effective that would con strain or otherwise limit the Fees that the City may charge Licensee for the right to place Wireless Installations on the City’s Structures, the parties agree that the Fees shall again be adjusted to comply with such legal or regulatory requirement upon its effective date.
(c) If LICENSOR enters into any agreement with or accepts an application from another entity for the lease or license of a Structure or Infrastructure that is substantially similar in build, location, and use to the Structures and Inf rastructure covered by this Agreement for the construction, operation, maintenance, repair or replacement of a Wireless Installation, and that agreement places Licensee, in its discretion, at a competitive disadvantage in light of the rates and terms and c onditions established in this Agreement, LICENSOR agrees (following receipt of written notice from Licensee) to promptly negotiate with Licensee in good faith to review and revise the rates and/or terms and conditions in this Agreement, as necessary, to reasonably address such disadvantage. (d) On July 1st of each year during the Term of all Site Licenses, the License Payment due for the upcoming year shall increase by two-and-one-half percent (2.5%) over the License Payment paid during the previous year.
3.2 Payment of Fees . LICENSOR retains the right to charge fees to cover its actual costs relating to the administration of the terms of this Agreement, including , but not necessarily limited to, Permit Application Fees, Inspection Fees, and ongoing Mon itoring Fees. These fees shall be adopted by the LICENSOR’s City Council. Upon request, LICENSOR shall provide to Licensee any analysis performed to demonstrate that these fees represent LICENSOR’s actual costs, provided, however, that Licensee shall not question any Fee amounts equal to or less than those deemed reasonable by Law. In the event that a subsequent legal or regulatory requirement becomes effective that would constrain or otherwise
4 limit the Fees that the LICENSOR may charge Licensee for the right to place Wireless Installations on the LICENSOR’s Structures, the parties agree that the Fees shall again be adjusted to comply with such legal or regulatory requirement upon its effective date.
3.3 License Payments and Fees for new Licensed Sites. Licensee shall submit the first annual Monitoring Fee payment and first License Payment (as applicable pursuant to Sections 3.1 and 3.2 above) for each functioning Licensed Site within sixty (60) days of the Commencement Date at the Licensed Site (prorated for the period between the Commencement Date and June 30th of that year).
3.4 Annual Billing and Payment Generally. License Payments and Fees due on an annual basis shall be due on September 1 of each year unless otherwise specified. Payments received after this date shall be subject to a 1% penalty on the unpaid balance, with an additional 1% penalty accrued on the first day of every following month.
4. PERMITTING PROCESS
4.1 Potential Licensed Site Pre -Application. At its discretion, prior to submitting a formal application for any Licensed Site, Licensee may submit to LICENSOR a list of potential Licensed Sites to LICENSOR. LICENSOR shall promptly review said list to identify any sites that, in the reasonable opinion of LICENSOR, includes specific characteristics which make the installation of Licensee’s Structures and Equipment inappropriate for that location. Information to be submitted shall include the information identified in Exhibit 4 of this Agreement (in a form to be provided by LICENSOR), as well as a recent photograph of the Structure and a visual representation of the design of the Wireless Installation. Criteria used to determine whether a potential Licensed Site is appr opriate may include, but is not necessarily limited to:
(a) The type of Structure (e.g., street light) upon which the Wireless Installation will be mounted;
(b) The existence of physical characteristics of the Licensed Site or Structure which render infeasible the addition of LICENSOR’s Structures in a safe or effective manner; (c) The presence of an existing Wireless Installation on the Structure; (d) The current or planned use of the Structure by LICENSOR; (e) The creation of any significant aesthetic impacts to a streetlight utilizing a non-standard or decorative design (unless the Wireless installation employs design features that in the reasonable opinion of LICENSOR successfully mitigates any adverse aesthetic impacts); or
(f) The necessity of performing underground work to support the Wireless Installation when such work is prohibited by LICENSOR’s “Dig Once” Policy.
Information provided to the Licensee pursuant to this process shall not be deemed to constitute an “approval” or “denial,” but is instead designed to alert the Licensee to issues which may have an impact on the outcome of a Permit request.
4.2 Processing of Licensed Site Pre-Application. Unless Laws provide otherwise, LICENSOR shall notify Licensee within 15 working days whether there are any known factors, including those above, which would render a Wireless Installation inappropriate at a given Structure. If more than ten Wireless Installations are requested within this 15-working-day period (whether submitted at once or over a period of time), the notification period shall be increased by one day for each additional Wireless Installation requested, provided also that LICENSOR shall always have a minimum of 15 working days from the date of submittal to the date of response.
4.3 Permitting. At any desired time, Licensee may submit a Small Wireless Facility Encroachment Permit ( “SWFEP”) application for each Wireless Installation to LICENSOR in a form
5 provided by LICENSOR. LICENSOR shall make available to Licensee a written l ist of materials and information necessary to be included with the submitted application to enable LICENSOR to expeditiously process the application. SWFEP applications shall be processed in accordance with all lawful City policies and regulations, including those regarding processing times and appeal procedure, as such may be amended from time -to-time (“City Regulations ”). Current City Regulations are attached as Exhibit 2 of this Agreement. Licensee will identify in the SWFEP Application any LICENSOR Work it believes needs to be performed in connection with Licensee’s use of the Structure and/or Infrastructure. The SWFEP Application review will include an evaluation of whether the site is appropriate for a Wireless Installation utilizing the same criteria described in Sections 2.2 and 4.1 of this Agreement . The Licensee shall also include the appropriate Permit Application Fees as adopted and published by LICENSOR. LICENSOR will process each of these applications and, if the application is found to be complete, shall render a decision within 30 calendar days of receipt. As used in this Agreement, “ Expedited Processing” shall mean a n application that involves a Wireless Installation and Structure utilizing a Pre -Approved Design in accordance with this Agreement. Applications eligible for Expedited Processing shall be processed by LICENSOR within 10 working days of recei pt at no additional cost. In the event a large number of applications are submitted within a short time period, LICENSOR may notify Licensee of its inability to meet this timeframe, and shall notify Licensee of the expected date of completion.
4.4 Inspection of Permitted Licensed Site. Upon approval of a SWFEP, Licensee shall remit to LICENSOR any required Inspection and/or prorated Monitoring Fees. Upon payment of these Fees, Licensee may commence construction of the Wireless Installation. No work requiring a Permit shall begin until Permits have been obtained. At the required intervals during construction, and u pon completion of work, Licensee shall request, and LICENSOR will cause to be performed, inspections of the work actually done to ensure compliance with appropriate Permits and Ordinances. Licensee shall cause to be prepared an analysis indicating that the Wireless Installation does not cause ambient RF Emissions to exceed thresholds established by the FCC in any locations that may be reasonably expected to be accessed by the public, including nearby private property such as homes and businesses. Upon approval of the final inspection for the installation of the Wireless Installation, a Site License from LICENSOR to Licensee shall be immediately granted for the Wireless Installation , and LICENSOR shall within five business days provide written certification of this Site License to Licensee in the form attached as Exhibit 5. Delivery shall be made to Licensee’s point of contact pro vided in this Agreement unless Licensee requests an alternative delivery arrangement.
4.5 Ongoing Monitoring . LICENSOR may enact such reasonable policies, programs, and requirements as it deems appropriate to document that requirements relating to maintenance, aesthetics, RF Emissions, and other requirements are being met, provided such policies, programs, and requirements are non-discriminatory, competitively neutral, and otherwise consistent with applicable Law.
4.6 Modifications and Replacement s. Except for any Wireless Installation installed upon a decorative Structure or upon a Structure located within either a scenic or historic district, subsequent to the original Wireless Installation approved by LICENSOR, Licensee may, without submitting a new application, modify or replace all or a portion of the Wireless Installation so long as such modification or replacement is consistent with the criteria specified in Exhibit 2.
5. LICENSOR WORK FOR STRUCTURES AND INFRASTRUCTURE
5.1 LICENSOR Work. At the time of approving the SWFEP, LICENSOR will advise Licensee whether LICENSOR is willing to perform LICENSOR Work identified in the SWFEP application. If LICENSOR indicates it is willing to perform the LICENSOR Work, LICENSOR will provide Licensee with a LICENSOR Work Cost Estimate within fourteen (14) days of the approval of the SWFEP, unless Laws provides a different deadline. Licensee shall have sixty (60) days from the receipt of such a LICENSOR Work Cost Estimate to accept the estimate, unless Laws provide a different deadline.
5.2 LICENSOR Work Timeline. LICENSOR will begin LICENSOR Work promptly after it has received Licensee’s Approved LICENSOR Work Cost Estimate and full payment thereof and complete
6 all LICENSOR Work within sixty (60) days thereafter. If LICENSOR does not indicate that it is willing to perform the LICENSOR Work, Licensee may perform the LICENSOR Work itself.
5.3 LICENSOR Work Reconciliation . If the actual and reasonable costs incurred by LICENSOR in completing a LICENSOR Work exceed the pre -paid Approved LICENSOR Work Cost Estimate, Licensee shall pay LICENSOR the shortfall amount of such costs within ninety (90) days of receipt of the invoice accompanied by reasonable substantiation. If such LICENSOR Work costs are less than the pre -paid Approved LICENSOR Work Cost Estimate, LICENSOR will refund the excess LICENSOR Work payment to Licensee within ninety (90) days following completion of the LICENSOR Work. No interest shall accrue on any Licensee overpayment or underpayment for LICENSOR Work
5.4 Costs To Rearrange/Adjust Facilities of Others. If a Person, other than LICENSOR, must rearrange or adjust any of its facilities to accommodate a new Wireless Installation, Licensee shall coordinate such activity at Licensee’s sole expense; provided, however, that Licensee shall not be responsible for any third -party or LICENSOR costs necessary to correct third party or LICENSOR attachments that are non-compliant with Laws.
6. GENERAL LICENSEE OBLIGATIONS
6.1 Technical Requirements and Specifications . At its own expense, Licensee shall erect, install, repair and maintain its Wireless Installations in safe condition and good repair in accordance with (a) the requirements and specifications of Building, Electrical, and other Safety Codes; (b) LICENSOR’s reasonable standards, and ( c) any current or future rules or orders of the FCC, the State public utility commission, or any other federal, state or local authority having jurisdiction. Changes to the requirements, specifications, standards, rules and orders in subsections (a), (b) and (c) shall not apply retroactively unless required by Laws, and LICENSOR shall give at least sixty (60) days’ written notice of changes to the standards in subsection (b).
6.2 No Liens . Licensee will not allow to exist any lien with respect to any Structure or Infrastructure or other LICENSOR property or facility resulting from any work performed by or on behalf of Licensee pursuant to this Agreement, or any act or claim agains t Licensee or any of its contractors, agents, or customers. Licensee will, at its sole expense, promptly bond or otherwise discharge any such lien within thirty (30) days of receipt of written notice form LICENSOR of the existence of such lien.
6.3 Worker Qualifications; Responsibility for Agents and Contractors. Each Party shall ensure that its employees, agents or contractors which perform work in furtherance of this Agreement are adequately trained and skilled to access Structures and Infrastructure in accordance with all applicable industry and governmental standards and regulations.
7. UTILITIES.
7.1 Utilities. Licensee shall be solely responsible for arrangement and payment for electric service necessary in connection with Wireless Installations . Licensee shall be responsible for obtaining electrical service for the Wireless Installation, whose electrical usage shall be separately metered.
8. OPERATION AND MAINTENANCE
8.1. RF Emissions. Licensee’s operation of its Wireless Installations shall comply with all FCC regulations regarding RF emissions and exposure limitations. Licensee is allowed to install signage and other mitigation, such as a power cut-off switch on Structures, to enable workers and third parties to avoid excess exposure to RF emissions. Licensee shall design and place signage to minimize visual and aesthetic impacts while ensuring proper notification of affected persons. Except in an Emergency , LICENSOR’s authorized field personnel will contact Licensee’s designated point of c ontact with reasonable advance notice, but in no event less than one (1) business day in advance, to inform Licensee of the need for a temporary power-shut-down. In the event of an unplanned outage or cut -off of power or an Emergency, the power-down will be with such advance notice as practicable. Once the work has been completed and the worker(s) have departed the exposure area, the party who accomplished the power -down shall restore power and inform Licensee as soon as possible that power has been restored. The Parties acknowledge that
7 they understand the vital nature of Licensee’s Wireless Installations and agree to limit the frequency of power-downs and to restore power as promptly as much as reasonably possible.
8.2 Interference.
(a) Licensee will operat e its Wireless Installations in compliance with all FCC regulations regarding Interference with the radio signal transmissions of LICENSOR and other third parties in or upon a Structure, which transmissions are operated in compliance with Laws. (b) Unless re quired by Law, LICENSOR will not grant after the date of this Agreement a permit, license or any other right to any third party if, at the time such third party applies to use a Structure or Infrastructure, LICENSOR knows or has reason to know that such third party’s use may cause Interference with the Licensee’s existing Wireless Installations, Licensee’s use of the Structure or Infrastructure, or Licensee’s ability to comply with the terms and conditions of this Agreement. (c) LICENSOR will not, nor will LICENSOR permit its employees, tenants, licensees, invitees, agents or independent contractors to cause Interference with Licensee’s existing Wireless Installations, Licensee’s use of the Structure or Infrastructure, or Licensee’s ability to comply with the terms and conditions of this Agreement , except as provided herein . If Licensee reasonably determines that Interference is occurring, then LICENSOR will meet and confer with Licensee within five (5) days of LICENSOR’s receipt of notice of Interference from Licensee, and otherwise diligently work in good faith with Licensee to determine the root cause of the Interference and to develop workable solutions to resolve the Interference in a mutually acceptable manner.
9. RELOCATION AND ABANDONMENT
9.1 Relocation for Public Improvement Projects . In the event LICENSOR desires to replace, relocate, modify, demolish, or in any way alter the Structure and/or Infrastructure in connection with a Public Improvement Project in a manner likely to cause Interference with Licensee’s Wireless Installation, LICENSOR shall have the right to cause Licensee to relocate the Wireless Installation subject to the terms and conditions set forth herein; provided, however, LICENSOR shall use reasonable efforts to fully accommodate Licensee's continuing use of the Structure and/or Infrastructure, as the case may be, without relocation if it is reasonably possible to do so.
(a) Relocation. If LICENSOR’s Public Improvement Project requires Licensee to relocate its Wireless Installation from all or any portion of the Structure and/or Infrastructure, LICENSOR shall have the right to require Licensee to relocate the Licensed Space upon the following terms and conditions: (i) LICENSOR shall deliver to Licensee a Relocation Notice t o relocate the Wireless Installation; (ii) LICENSOR shall work with Licensee to identify potential Relocation Licensed S ites to assist Licensee in finding a Relocation Licensed Site which provides substantially similar signal coverage for the Wireless Installation as that of the Licensed S ite being relocated; (iii) such relocation will be performed exclusively by Licensee with costs allocated in accordance with Laws; (iv) Licensee may operate a temporary cell site (if feasible in a mutually agreeable lo cation in the vicinity of the Licensed Space ) during such relocation with no additional Fee due to LICENSOR; and (v) the License Payments applicable to such Licensed Space shall abate until the Wireless Installation achieves full on -air operation in the ordinary course of Licensee’s business in the Relocation Licensed Space. Licensee shall not be required to pay any additional application, review or other LICENSOR Fees in connection with any relocation initiated by LICENSOR; or, if Licensee is required to p ay said Fees, LICENSOR shall reimburse Licensee for the amount of said Fees, either through a direct payment or a reduction in License Payments. If Licensee does not desire to establish a relocated site, then Licensee shall have the right to terminate the applicable Site License, and Licens ee shall not be responsible for any License Payments or Fees following the date of termination.
(b) Relocation In The Event of An Emergency. Notwithstanding Section 9.1(a) above, in the ev ent of an Emergency, LICENSOR will endeavor to provide as much notice to Licensee for the relocation of the Wireless Installation as warranted by the circumstances pertaining to the Emergency.
8 9.2 Abandonment. If LICENSOR determines to Abandon any Structure and/or Infrastructure and LICENSOR so determines that the Structure and/or Infrastructure does not need to be permanently removed for reasons of public safety or security , then LICENSOR shall give Licensee ninety (90) days’ prior written notice of LICENSOR’s intent to Abandon the Structure or Infrastructure, as the case may be.
Within such time, Licensee may (a) remove or otherwise dispose of its Wireless Installations at which time the Site License shall automatically terminate without f urther liability to Licensee, or (b) elect to acquire title to the Structure and/or Infrastructure at no cost to Licensee in “as is, where is” condition. If Licensee elects to acquire title, then LICENSOR shall promptly execute and deliver a bill of sale and assignment transferring the Structure and/or Infrastructure to Licensee in “as is, where is” condition subject only to LICENSOR’s representation and warranty that LICENSOR is the sole owner, and LICENSOR owns the Structure or Infrastructure, as the case may be, free and clear of any liens , leases, licenses or other third- party rights or encumbrances. Licensee shall be under no obligation to provide, maintain or repair lighting or any other public service on any Structure or Infrastructure which Licensee may elect to acquire title from LICENSOR.
10. INSURANCE
10.1 Certificate of Insurance. Licensee shall at its sole expense maintain the insurance coverage and limits required by this Section during the Term of this Agreement. Licensee agrees to procure the required insurance from an insurance company having and maintaining an A.M. Best rating of at least A VII and deliver to LICENSOR a Certificate of Insurance evidencing the types of insurance and policy limits required.
10.2 Required Insurance. Licensee shall maintain the following insurance:
(a) Workers’ Compensation and Employer’s Liability insurance as required by statute, which currently require Employer’s Liability limits of $500,000 each accident, $500,000 by disease policy limits, and $500,000 by disease each employee. To the extent allowed by Laws, the policy must include a blanket waiver of subrogation in favor of LICENSOR.
(b) Commercial General Liability insurance written on Insurance Services Office (ISO) Form CG 00 01 or a substitute form providing equivalent coverage, with limits of:
$2,000,000 General Aggregate Limit
$1,000,000 Each Occurrence
$1,000,000 Each Occurrence - Personal Injury and Advertising Injury $2,000,000 Products/Completed Operations Aggregate Limit The required Commercial General Liability policy must include LICENSOR as an additional insured on a primary and non -contributory basis and a waiver of subrogation in favor of LICENSOR.
(c) Business Automobile Liability insurance with limits of $1,000,000 Combined Single Limit for each Accident for Bodily Injury and Property Damage, extending to all company owned, leased, and non-owned vehicles.
10.3 Notice of Cancellation . Licensee may meet the required insurance coverage and limits with any combination of primary and umbrella/excess liability insurance. Licensee shall provide at least thirty (30) days advance written notice of cancellation or non-renewal of any required insurance that is not replaced. Notwithstanding the foregoing, Licensee may self-insure the required insurance under the same terms and conditions as outlined above.
11. LIMITATION OF LIABILITY.
11.1 Limitation of Liability. Notwithstanding any provision of this Agreement to the contrary, in no event shall either party be liable for consequential, incidental, punitive, exemplary or indirect damages suffered by the other party or by any customer or any purchaser of such party or any other person, for lost
9 profits or other business interruption damages, whether by virtue of any statute, in tort or in contract, except that the express indemnification obligations made by the parties in Section 12 of this Agreement shall still apply.
12. INDEMNIFICATION
12.1 Indemnification By Licensee. To the extent permitted by Laws, Licensee shall indemnify, hold harmless and, at LICENSOR’s sole option, defend LICENSOR Indemnitees, and each of them, from and against any and all liabilities, damages or claims for damage, including but not limited to all actual and reasonable costs, attorneys’ fees, and other charges and expenditures that LICENSOR Indemnitees, or any of them, may incur, asserted by third parties against LICENSOR Indemnitees, or any of them, by reason of the negligent installation, operation, use, repair, or removal of Wireless Installations or breach of the terms of this Agreement by Licensee, including ac ts or omissions by its agents, contractors, or subcontractors, except to the extent that such liabilities, damages or claims are a result of the negligence or willful misconduct of LICENSOR Indemnitees, or any of them.
12.2 Indemnification By LICENSOR. To the extent permitted by Laws and except for the waiver of subrogation granted by Licensee under Section 10.2(a) above, LICENSOR shall indemnify, hold harmless and, at Licensee’s sole option, defend Licensee Indemnitees, and each of them, from and against any and all liabilities, damages or claims for damage, including but not limited to all actual and reasonable costs, attorneys’ fees, and other charges and expenditures that Licensee Indemnitees, and any of them, may incur, asserted by third parties agains t Licensee Indemnitees, or any of them, by reason of the negligent installation, operation, use, repair, or removal of LICENSOR’s Structures and/or Infrastructure or breach of the terms of this Agreement by LICENSOR, including acts or omissions by its agen ts, contractors, or subcontractors except to the extent that such liabilities, damages or claims are a result of the negligence or willful misconduct of Licensee Indemnitees, or any of them.
13. DEFAULT AND TERMINATION
13.1 Licensee’s Default and LICENSOR’s Remedies. If Licensee does not cure its Default, then thereafter LICENSOR may elect any of the following remedies:
(a) suspend Licensee’s access to the Structure or Infrastructure to which the Default pertains;
(b) terminate the specific Site License or affected portion thereof covering the Structure(s) or Infrastructure to which the Default pertains; (c) require Licensee’s obligation to which the Default has been declared to be specifically performed;
(d) maintain an action at law against Licensee for damages directly incurred by LICENSOR arising directly from Licensee’s uncured Default; and/or (e) terminate this Agreement in accordance with Section 13.4 and 13.5, below.
13.2 LICENSOR’s Default and Licensee’s Remedies. If LICENSOR does not cure its Default, then thereafter, Licensee may elect to pursue any rights or remedies available to Licensee at law or in equity, including termination of this Agreement as described in Section 13.3.
13.3 Licensee Termination of Site License or Agreement. (a) This Agreement or any individual Site License may be terminated by Licensee for any reason or no reason, and without further liability to Licensee, at any time.
13.4 LICENSOR Termination of Agreement. LICENSOR may terminate this Agreement only for the following reasons:
(a) LICENSOR has notified Licensee in accordance with the provisions of Section 2.1 of this Agreement that it does not wish to renew the Agreement for an additional Renewal Term;
10 (b) LICENSOR’s costs for the implementation and administration of this Agreement exceed its revenues in doing so, and Licensee is unwilling or unable to cover LICENSOR’s actual costs.
Such costs shall be calculated pursuant to a cost study which has been reviewed, adopted and approved by LICENSOR’s City Council and is not subject to further appeals or subject to a complaint before a competent regulatory agency or court;
(c) Licensee is in Default of this Agreement beyond the applicable cure period and no less severe remedy would have the effect of curing the Default. Notwithstanding the foregoing, LICENSOR shall not terminate this Agreement if Licensee has commenced to cure the alleged failure to perform within the applicable cure period, and thereafter such efforts are promptly prosecuted to completion with reasonable diligence. Delay in curing an alleged failure to perform will be excused if due to an Event of Force Majeure; or
(d) LICENSOR discovers that Licensee has engaged in particularly egregious or severe activity demonstrating its unwillingness or inability to implement this Agreement in good faith.
Examples of this would include, but not necessarily be limited to, knowingly engaging in activity that places unacceptable risks upon Salinas residents or visitors, knowingly submitting documents or other materials containing false information to the LICENSOR, or knowingly withholding information from LICENSOR when such information is pertinent to the health and physical well-being of residents and visitors of Salinas.
13.5 Effect of Termination.
(a) Upon termination of this Agreement due to its natural expiration, voluntary termination by Licensee, or termination by LICENSOR pursuant to Section 13.4(a) or 13.4(b) of this Agreement, LICENSOR’s obligations under this Agreement to issue any new Site License shall immediately terminate. Licensee shall have the right to continue to maintain and operate any Wireless Installations which have already been granted a Site License for the applicable fi ve-year Amortization Period. All other provisions of this Agreement, including the requirement to pay License Payments and Monitoring Fees, as well as definitions and remedies for Default, shall remain in force and effect during the Amortization Period.
(b) Upon expiration of a period of five years from the Termination Date if the Agreement is terminated pursuant to Section 13.5(a), above, or immediately if the Agreement is terminated pursuant to Section 13.4(c) or 13.4(d) of this Agreement, Licensee shall immediately cease its use of all Structures and Infrastructure constructed pursuant to this Agreement. Licensee shall, at its own expense, remove all Wireless Installations from LICENSOR Structures within 90 calendar days unless both Parties mutually agree in writing to an alternate arrangement. Additionally, Licensee shall, at its own expense, repair any damage to the Structure or Infrastructure caused by its Wireless Installations, including the patching of holes created by screws. License Payments and Fees due to LICENSOR shall continue to accrue for each Wireless Installation until its removal. License Payments already made to LICENSOR shall be non -refundable; however, Licensee may, after the removal of any Structure and Infrastructure, request a refund of Fees paid for any services not actually performed by LICENSOR.
14. CASUALTY.
14.1 Casualty. In the event of damage to a Structure and/or Infrastructure due to a Casualty Event that cannot reasonably be expected to be repaired within forty-five (45) days following such Casualty Event or which LICENSOR elects not to repair, or if such Casualty Event is reasonably expected to disrupt Licensee’s operations on the Structure and/or Infrastru cture, for more than forty -five (45) days, then Licensee may, at any time following such Casualty Event:
(a) terminate the applicable Site License or affected portion thereof upon fifteen (15) days’ written notice to LICENSOR;
(b) place a temporary facility, if feasible, at a location equivalent to Licensee’s current use of the Structure and/or Infrastructure, as the case may be, until such time as the Structure and/or Infrastructure is restored and the Wireless Installation is returned to full on-air operation in the ordinary course of Licensee’s business; or
11 (c) submit a new SWFEP for an alternate location equivalent to Licensee’s current use of the Structure and/or Infrastructure.
14.2 Termination by Licensee. If Licensee elects to terminate the Site License as a result of a Casualty Event, then Licensee shall notify LICENSOR of this, and Licensee shall not be responsible for any unpaid License Payments or Fees following the date of disestablishment. Licensee will be entitled to collect all insurance proceeds payable to Licensee on account thereof.
15. MISCELLANEOUS PROVISIONS
15.1 Notices. All notices, requests and demands hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows:
If to Licensee (including invoices):
VP Network Construction & Operations
Lance Addison
[email protected]
If to LICENSOR:
City Manager
City of Salinas
200 Lincoln Avenue
Salinas, CA 93901
With a copy to the Underline Legal Department:
Underline General Counsel
Mark J. Kropilak
[email protected]
With a copy to the Legal Department:
City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, CA 93901
Contact Number for Day-to-Day Operation:
LICENSOR: (831) 758-7362
Licensee: (612) 961-4799
Any Party may change its address or other contact information at any time by giving the other Party, and Persons named above, written notice of said change.
15.2 Force Majeure . Time periods for performance under this Agreement shall be deemed extended day for day for time lost attributable to any delay resulting from any Event of Force Majeure.
15.3 Assignment and Transfer. This Agreement shall be binding upon, and inure to the benefit of, the successors and assigns of the Parties. Except as otherwise provided in this Agreement, neither Party shall assign this Agreement or its rights or obligations to any firm, corporation, individual, or other entity, without the written consent of the other Party, which consent shall not be unreasonably withheld.
Notwithstanding the foregoing, upon thirty ( 30) days’ written notice, ei ther Party may assign this Agreement or its rights and obligations to (a) an Affiliate or (b) in connection with the sale or other transfer of substantially all of Licensee’s assets in the FCC market area where the Structures are located.
15.4 Compliance with Laws. Licensee and LICENSOR agree to comply with all Laws.
15.5 Applicable Law . This Agreement shall be interpreted, construed, and enforced, in accordance with the laws of the state where the Structures are located without regard to its conflict of laws principles, and, where applicable, federal law.
15.6 Waiver of Jury Trial. Each Party waives its right to a trial by jury on disputes arising from this Agreement.
12 15.7 Exhibits. In the event of any inconsistency between the provisions of this Agreement and any Exhibits attached hereto, the provisions of this Agreement shall supersede the provisions of any such incorporated Exhibits unless such Exhibit specifies otherwise.
15.8 Waiver; Severability. No provision of this Agreement may be waived except in a writing signed by both Parties. The failure of either Party to insist on the strict enforcement of any provision of this Agreement shall not constitute a waiver of any provision. If any portion of this Agreement is found to be unenforceable, the remaining portions shall remain in effect, and the Parties shall begin negotiations for a replacement of the invalid or unenforceable portion.
15.9 Survival. The terms and provisions of this Agreement that by their nature require performance by either Pa rty after the termination or expiration of this Agreement, shall be and remain enforceable notwithstanding such termination or expiration of this Agreement for any reason whatsoever.
15.10 Entire Agreement; Amendments . This Agreement (including the Exhibits hereto) embodies the entire agreement between Licensee and LICENSOR with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous agreements and understandings, oral or written, with respect thereto. Each Party acknowledges that the other Party has not made any representations other than those contained herein. This Agreement may not be amended or modified orally, but only by an agreement in writing signed by the Party or Partie s against whom any waiver, change, amendment, modification, or discharge may be sought to be enforced.
15.11 Execution in Counterparts . This Agreement may be executed in multiple counterparts, including by counterpart facsimiles or scanned email counterpart signature, each of which shall be deemed an original, and all such counterparts once assembled together shall constitute one integrated instrument.
13 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed as of the Effective Date.
CITY OF SALINAS,
a California charter city and municipal
corporation
By:
Name:
Its:
Date:
UNDERLINE MONTEREY, LLC
a Delaware limited liability company
By:
Name:
Its:
Date:
Exhibit 1, Page 1
EXHIBIT 1
DEFINED TERMS
As used herein, the following capitalized terms in the Agreement have the meaning ascribed to them below. “Abandon” means to permanently relinquish ownership of a Structure and/or Infrastructure in its then existing location.
“Affiliate” means any entity that controls, is controlled by, or is under common control with a Party. “Agreement Initial Term” means an initial term of ten (10) years. “Amortization Period” refers to a period of five years following the termination of this Agreement, during which Licensee may continue to operate Wireless Installations for which a Site License has been granted pursuant to this Agreement.
“Annual Term” means a term of one (1) year.
“Approved LICENSOR Work Cost Estimate” means Licensee’s written approval of a LICENSOR Work Cost Estimate.
“Casualty Event ” means any casualty, fire , act of God, or other harm affecting a Structure and/or Infrastructure which has, in whole or in part, been granted a Site License pursuant to this Agreement. “City Regulations” means Ordinances, Resolutions, or other rules or regulations adopted by the City of Salinas regulating the standards and/or conditions of placement of small -cell facilities within the public right-of-way.
“Commencement Date ” means the first day of the month following the grant of a Site License by LICENSOR to Licensee in accordance with this Agreement. “Days” means calendar days. If deadline or other date falls on a non -business day (including weekends , holidays recognized by the federal government, and holidays recognized by the state where the Structure is located), that date shall be extended to the next business day. “‘Dig Once’ Policy” refers to City of Salinas Resolution No. 21080, as such may be amended from time - to-time.
“Default” means the failure by a Party to perform any material term of condition of this Agreement where such failure continues for a period of more than sixty (60) days after receipt of written notice from the other Party of such failure identified with reasonable specificity as to the material term or condition of this Agreement which the Party is alleged to have failed to perform. Notwithstanding the foregoing, no Default will be deemed to exist if a Party has commenced to cure the alleged failure to perform within such sixty (60) day period, and thereafter such efforts are prosecuted to completion with reasonable diligence. Delay in curing an alleged failure to perform will be excused if due to causes beyond the reasonable control of the Party against whom the failure to perform has been alleged. “Effective Date” means the latest date in the signature blocks in the Agreement. “Emergency” means a situation in which there is an imminent or ongoing threat of injury to person or property, or loss of life.
“Event of Force Majeure ” means any act of God, strike, civil riot , fire, flood, material or labor shortage, restriction by governmental authority, and any other cause not within the reasonable control of the Party whose performance is required under the Agreement.
“Existing Law” means any Law in force at the time of the execution of this Agreement. “FCC” means the Federal Communications Commission.
Exhibit 1, Page 2
“Fee” means charges imposed by the LICENSOR to cover LICENSOR’s costs for providing specific services, including permit processing Fees, inspection Fees, and administrative costs. "Fiscal Year” refers to a full year beginning on July 1st and ending on June 30th. “Infrastructure” means any and all forms of existing power supply, conduit, or other form of infrastructure fixtures or equipment for the delivery of power or communication services to a Wireless Installation. “Interference” means any material and adverse physical obstruction or impairment with the radio signals or operation of Licensee’s Wireless Installation utilizing a Structure or Infrastructure authorized to be used by Licensee pursuant to a Site License.
“Law” or “ Laws” means all federal, state and local laws, orders, rules and regulations applicable to Licensee’s use of the Wireless Installation on the Structure and/or Infrastructure and LICENSOR’s ownership and use of the Structure, Infrastructure and any other improvements or equipment in the public right of way, as the case may be, including City Regulations. “License” refers to the right, granted by LICENSOR to Licensee, to utilize, replace or upgrade LICENSOR’s Structures and Infrastructure for the purposes of installing and operating Wireless Installations and supporting Infrastructure in accordance with the terms and conditions of this Agreement. “License Payment” means the annual payment provided by Licensee to LICENSOR for Licensee’s use of a Licensed Site.
“Licensed Sites” means the locations within the City of Salinas which have been granted a Site License. “Licensee Indemnitees ” means Licensee, its employees, affiliates, officers, directors, successors and assigns.
“LICENSOR Indemnitees” means LICENSOR, its officers, officials and employees. “LICENSOR Work” means the work required on, in or to LICENSOR’s Structure and/or Infrastructure to accommodate Licensee’s Wireless Installation, including relocating, replacing, upgrading and/or reinforcing the existing Structure or Infrastructure.
“LICENSOR Work Cost Estimate ” means LICENSOR’s written estimate of the estimated direct costs, including fully loaded labor costs to perform the LICENSOR Work in a SWFEP application. “NEC” means the National Electric Code.
“NESC” means the National Electrical Safety Code.
“New Laws” means any legislative, regulatory, judicial, or other action taken subsequent to the execution of this Agreement by a government agency with jurisdiction superseding that of the Parties that affects said Parties’ rights or obligations or that establishes rates, terms or conditions for the construc tion, operation, maintenance, repair or replacement of Wireless Installation on public infrastructure or in the right-of-way, that differ, in any material respect from the rates, terms or conditions of the Agreement. “Order” refers to Federal Communications Commission’s Declaratory Ruling and Third Report and Order, FCC 18-133, released September 27, 2018, and published in the Federal Register dated October 15, 2018. “Person” or “Persons” means any person or entity.
“Party” means individually LICENSOR or Licensee.
“Parties” means LICENSOR and Licensee collectively.
“Permitted Use” means the transmission and reception of communications signals, and the installation, construction, modification, maintenance, operation, repair, r eplacement and upgrade of the Wireless Installation necessary for the successful and secure use of the LICENSOR’s Structures and Infrastructure.
Exhibit 1, Page 3
“Pre-Approved Design” means any Wireless Installation design for Licensee’s use of a Structure and/or Infrastructure which has been specifically approved in writing by LICENSOR to be appropriate at multiple locations within the City of Salinas.
“Public Improvement Project ” means any construction or expansion of roads, streets, sidewalks, curbs, gutters, storm drainage facilities, sewer lines, water utility lines or other capital improvement project within LICENSOR’s jurisdiction undertaken by or on behalf of LICENSOR. Public Improvement Project does not include work undertaken for the benefit of a non -governmental entity, even if such work is performed by LICENSOR.
“Relocation Licensed Space” means an alternate Licensed Space on a Structure and/or Infrastructure, as the case may be, where Licensee may relocate its Wireless Installation pursuant to a Relocation Notice. “Relocation Notice” means a written notice delivered to Licensee at least 90 days prior to the date of LICENSOR’s desired relocation deadline, which Relocation Notice shall indicate the need to relocate an existing Wireless Installation.
“RF” means radio frequency.
“Safety Codes” means collectively the NEC, NESC, and any and all other applicable regulatory codes for safe practices when performing work on or near a Structure and/or Infrastructure. “Site License” means a License granted by LICENSOR to Licensee pursuant to this Agreement. “SWFEP Application” means an application by Licensee for a Permit to install a Wireless Installation. “Structure” means any LICENSOR-owned poles, signs, and/or other fixtures located within the public right of way, including streetlight poles.
“Term” means the Agreement Initial Term and any renewal terms exercised pursuant to Section 1.3 of the Agreement.
“Termination Date” means the date upon which this Agreement expires or is otherwise terminated by either Party.
“Wireless Installation ” shall have the same meaning as “Small Wireless Facility” in Exhibit 2 of this Agreement.
Exhibit 2, Page 1
EXHIBIT 2
LICENSOR’S CURRENT DESIGN REGULATIONS
RESOLUTION NO. 21580 (N.C.S.)
A RESOLUTION ESTABLISHING REQUIREMENTS FOR SMALL WIRELESS
FACILITIES (SWF) IN THE PUBLIC RIGHT OF WAY (ROW)
WHEREAS, the City of Salinas (“City”) is a charter city organized and operating pursuant to the California Constitution and with powers and authority stemming therefrom, including Sections 5 and 7 of Article XI; and
WHEREAS, the City of Salinas desires to comply with all mandates regarding public utilities as imposed upon it by state and federal law; and
WHEREAS, on April 17, 2018, the Salinas City Council determined that there is a need for SWFs in the City of Salinas, defined the terms and conditions under which the City would support such installations, and established the requirement for a Master Lease Agreem ent between the City and the installer of telecommunications equipment for the use of City facilities; and WHEREAS, on October 15, 2018, the Federal Communications Commission (FCC) published an Administrative Order in the Federal Register, declaring that SWFs are permitted by right on City -owned property in the ROW, subject to the requirements of the Administrative Order and “reasonable” City regulations and fees; and
WHEREAS, this Administrative Order argues that allowing attachment of SWFs to publicly owned assets in the right of way without a Master Lease Agreement avoids an effective prohibition of broadband deployment, and specifies that any regulations be made publicly available prior to any applications for permits; and
WHEREAS, in order to maint ain an aesthetically pleasing community environment, protect the safety and welfare of Salinas residents, minimize degradation of the residential character of neighborhoods, and require the best available design to eliminate visual impacts while ensuring t hat adequate public services and facilities are constructed to accommodate the needs of Salinas residents, the city of Salinas chooses to use its police power and land use planning authority to regulate SWFs, and establishes the proposed requirements for t he issuance of permits and entitlements relative to such projects in situations where the City is unable to come to an agreement on the terms of a Master Lease Agreement with a telecommunications equipment installer; and
WHEREAS, pursuant to the Californ ia Environmental Quality Act (“CEQA”), the proposed requirements for SWFs in the public right of way are exempt per Section 15302 and 15303 of the CEQA Guidelines, as the FCC has already deemed the installation of SWFs in the ROW to be approved, and as these regulations do not alter this, there is no potential for these regulations to cause a significant effect on the environment.
NOW, THEREFORE BE IT RESOLVED by the Salinas City Council that the following requirements for all SWFs in the public right of way within the City are adopted with the purpose of preserving the health, safety, and welfare of the City’s residents and City property, as follows:
1. The following definitions shall be applicable to this Resolution:
a. Antenna means an apparatus designed fo r the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location for the provision of personal wireless service and any commingled information or telecommunications services. For
Exhibit 2, Page 2
purposes of this definition, the te rm antenna does not include an unintentional radiator, mobile station, or device authorized under Title 47, Part 15 of the Code of Federal Regulations.
b. Antenna Equipment means all equipment, including but not limited to electronics, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and is mounted or installed at the same time as such antenna.
c. Antenna Facility means an Antenna and associated Antenna Equipment. d. Right-of-Way (or ROW) means all or any part of the entire width of a road, street or highway easement, whether or not such entire area is actually used for road, street or highway purposes.
e. Small Wireless Facility (or SWF) means an Antenna Facility that meets each of the following conditions:
i. The facility—
1. Is mounted on a Structure 50 feet or less in height including any Antennas; or
2. Is mounted on a Structure no more than 10 percent taller than other adjacent Structures; or
3. Does not extend the existing Structure upon which the facility is located to a height of more than 50 feet or by more than 10 percent, whichever is greater;
ii. Each Antenna associated with the deployment, excluding associated Antenna Equipment, is no more than three cubic feet in volume;
iii. All other wireless equipment associated with the Structure, including the wireless equipment associated with the Antenna and any pre-existing associated equipment on the Structure, is no more than 28 cubic feet in volume; iv. The facility will not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified by the FCC. f. Structure means a pole, tower, base station, or other building located within the ROW, whether or not it has an existing Antenna Facility.
2. A Small Wireless Facility Encroachment Permit (SWFEP) shall be required for all SWFs constructed within the ROW. SWFEPs shall be administered consistent with the provisions of Chapter 30, Article V of the Salinas Municipal Code. A SWFEP application will include all Equipment that is part of a Small Wireless Facility, including associated communication and/or electrical connection lines of a length equal to either the distance to the first splice point of these lines with a communication and/or electrical supply line or 50 (fifty) feet from the Structure upon which the Small Wireless Facility is mounted, whichever is less.
3. The City shall not issue a SWF Encroachment Permit if the Application for a SWF Encroachment Permit does not comply with the requirements of this Resolution.
4. An applicant for a SWFEP shall be deemed incomplete unless it includes all information deemed required by the Department of Public Works to review the application. The City Engineer shall prepare or cause to be prepared a detailed list of required informa tion and shall make such list
Exhibit 2, Page 3
publicly available to facilitate the timely processing of applications. This material shall include, but is not necessarily limited to, the following:
a. An application, in a form to be provided by the City Engineer, that inc ludes all requested information; and
b. A map showing the location of the proposed SWF; and
c. A photo showing the proposed location of the SWF; and d. A photosimulation demonstrating that the SWF will comply with the design standards described herein; and
e. Documentation identifying the owner of the Structure and demonstrating that the SWF conforms to the design and co-location restrictions of the Structure owner(s). f. Construction details, including a soils report and a structural analysis signed by qualified Professional Engineer(s), demonstrating that the Structure will be structurally sound, as defined in these regulations, and will not have a significant risk of structural failure after installation of the SWF; and
g. Details regarding the connection of electrical and communications transmission lines to the site; and
h. Details relating to any closures of roads or sidewalks that will be necessary due to the proposed construction; and
i. A study demonstrating that the SWF will not emit radiofrequency emissions that will, either individually or cumulatively with other already installed telecommunications facilities, expose any member of the public to radiofrequency emissions in excess of those permitted under FCC regulations; and
j. Proof of insurance pursuant to City specifications as may be amended from timeto-time to defend, indemnify, and hold harmless the City for its facility, and name the City and its officers and employees as additional insured by endorsement; and k. Any applicable permit review fees as adopted by City Council.
5. The City Engineer or his/her designee shall review the application to confirm compliance with City Ordinances and regulations. Installation of SWFs shall conform to the following minimum design standards:
a. SWFs shall be designed, installed and located so as to minimize adverse visual impacts and shall not contain advertising material of any kind.
b. SWFs shall be constructed of, painted, or otherwise treated with anti -graffiti materials, including, but not limited to, graffiti resistant paints or finishes. Graffiti on SWFs, including Structures and Equipment, shall be removed within forty-eight hours of being reported. All Structures shall have a decal or permanent sticker (maximum 6 square inches) with the SWF operator’s graffiti abatement contact information affixed. c. SWFs may not include any type of lighted signal, lights, or other illumination, except as required by federal or state law.
d. Soils and structural analysis shall be prepared and stamped by a qu alified Professional Engineer. The analysis shall include plans and specifications that shall include, at a minimum, the size, weight, mounting method, method of providing electrical power (including placement of any cables), estimated monthly electrical use, radiofrequency radiation, method of attaching to the Structure if required for electrical power, and
Exhibit 2, Page 4
compliance with manufacturer’s specification for such Structure. Licensee shall not overload the structural member of any Structure so as to cause any undue or serious stress or strain to the Structure, or any part thereof, and shall demonstrate compliance with specifications issued by the manufacturer of such Structure, if applicable. The City shall have the right, at any time, to make a determination whether the Structure, or any part thereof, is being overloaded so as to cause undue or serious stress or strain on the Structure or any part thereof. The decision of the City shall be final and binding on Licensee. If in the opinion of the City the stress or strain may endanger or injure the Structure, or any part thereof, Licensee agrees, at its sole cost, to immediately relieve the stress or strain by lightening the load, provide structural reinforcement in a manner satisfactory to City or install a replacement Structure. If any of Licensee’s Network Equipment and facilities fails to meet applicable legal or City requirements, Licensee shall promptly, at its own cost, replace such equipment and facilities with compliant equipment and facilities. e. Before issuance of a permit, proposals for SWFs attached to a structure in the ROW must demonstrate that the proposed SWF will comply with all of the following:
i. All work shall be done in a manner consistent with the City’s “Dig Once” policy (Resolution 21080, as such may be amended from time-to-time). ii. All fiber and electrical infrastructure shall be installed underground, except where connection may be made to preexisting, immediately adjacent overhead electrical, telephone, or other wire/fiber service via a service drop. Applicants may not add new overhead electrical or fiber lines except when immediately adjacent to existing lines.
iii. Except for Antennas and any Equipment necessary to screen said Antennas, all Equipment must be screened. Whenever feasible, Equipment shall be installed in an underground vault. Underground vault vents must be flush to the ground. If an underground installation is infeasible, Equipment shall be attached to the Structure and screened from view. Screening shall be accomplished in a manner consistent with the design of the Structure – in the case of decorative or architecturally enhanced street lights or other Structures, the screening shall incorporate design elements of the existing Structure. Above-ground cabinets not mounted on a Structure are prohibited.
iv. The SWF Antenna(s) shall be screened with a solid, opaque covering that has been colored to blend with the structure upon which the facility is mounted and other streetscape or surrounding features to the extent feasible. The covering small be no larger than is reasonably necessary to fully enclose the antennas and shall not exceed twice the width of the existing structure or increase the height of the Structure by more than 20%. When mounted on architecturally enhanced Structures (such as decorative streetlights), the SWF and its coverings shall be designed so that, in the opinion of the City Engineer or his/her designee, the aesthetic quality of the Structure has been preserved. For reasons of public safety, including r outine and emergency maintenance, installation on any part of a Structure supporting signs or devices used to control or direct vehicle, pedestrian, or other traffic is prohibited.
v. If an applicant proposes to replace an existing Structure in order to accommodate a SWF, the new Structure shall match the height, width, appearance, and neighborhood characteristics of the original Structure. Any previous function of
Exhibit 2, Page 5
the previous structure (such as a street light) shall be incorporated into the replacement structure in accordance with current City standards. vi. New Structures may not be constructed or utilized unless it is demonstrated conclusively by the Applicant that no existing structure can accommodate the SWF, that replacement of the existing structure is infeasible, and that these regulations would otherwise “effectively prohibit” the provision of wireless service if the new Structure is not permitted. The height and width of the structure without the Antenna or covering shall be equal to the height and width of the nearest City street light mounted on a City-owned Structure.
The new Structure shall also incorporate design elements of the existing nearby Structure in the design of the new Structure. SWFs on new Structures shall meet the same design guidelines as those installed on existing structures. vii. Wires and cables must enter Structures from below ground and must run inside the Structure. All electrical connections to the facilities shall be metered separately from City’s electrical service and shall have a separate shut-off device located at the Structure which allows for power to be shut off to the SWF without impacting any other operations of the Structure upon which the SWF is mounted.
City staff shall be provided access to this shut -off device so that power may be quickly shut off in an emergency situation.
viii. The installation shall not interfere with the public’s use and enjoyment of the public right-of-way or the continued good functioning of existing subterranean infrastructure. Applications shall demonstrate that, at a minimum:
1. Applicant’s p roposal will allow parking and appurtenant door opening adjacent to the Structure.
2. Applicant’s proposal will comply with all American Association of State Highway and Transportation Officials (AASHTO) sight distance requirements for the health, safety, and welfare of pedestrians and drivers.
3. Applicant’s proposal will not block or interfere with the use, maintenance and/or repair of fire hydrants, street lights and other existing facilities.
4. Applicant’s proposal will not restrict sidewalk access or par king when access panels and doors are open.
5. Applicant’s proposal will comply with all state, federal and local regulations regarding Americans with Disability Act (ADA) accessibility, providing a minimum of four feet width for sidewalk pedestrians with a cross slope not to exceed 2%.
6. If an application is found to be incomplete or not in compliance with these regulations, City shall notify the applicant and provide a written list of the reasons for the finding(s) of incompleteness and/or noncompliance. The applicant may correct any identified deficiencies and resubmit the application for further review, upon which the City will again review the materials and either approve the application or provide notice as described above. If the City has previously twice notified an applicant the that the application materials submitted for a particular application are incomplete or otherwise not in compliance with these regulations, then if that application is resubmitted and is then found to be incomplete or not in compliance with these regulations a third time, the City shall deny that application. A denied application does not prevent an applicant from submitting a significantly similar application in the future.
Exhibit 2, Page 6
7. The City may issue to an Applicant a SWFEP for a SWF once it has been demonstrated to the satisfaction of the Department of Public Works that the requirements specified herein have been met. Following this approval, the Applicant shall do the following:
a. The Applicant shall provide contact informat ion to the City for the construction and the ongoing operation of the site.
b. The Applicant shall pay to the City of Salinas any Inspection and/or Monitoring Fees due. c. The Applicant shall perform the work at the site in a manner that enables City staff to inspect the work being performed. The City Engineer shall specify in writing the inspections that need to be performed and shall cause these inspections to be performe d.
The Applicant or their representative shall notify the City when their work is ready for inspection. The City Engineer or his/her designee may require additional funds to be paid if the work is of such quality as to necessitate a number of inspections that the City Engineer deems to be excessive.
d. Upon completion of the SWF, the Applicant shall provide to the City a radiofrequency study to verify that the proposed facility is operating in accordance with the standards set by federal law at the time of the study. If the study concludes that the radiofrequency emissions exceed federal standards for such emissions, the facility shall be shut down immediately and shall not resume operation until it is demonstrated to the satisfaction of the City Engineer or his/her designee that the facility will operate in accordance with federal law.
e. In the event that these steps are not completed within six months of the issuance of the SWFEP, the City Engineer or his/her designee may revoke the SWFEP.
8. The City may include in a SWF Encroachment Permit such conditions, in addition to those already set forth in state and federal law, as may be required to govern the construction, installation, or maintenance of SWFs in the Public Rights -of-Way, and to protect and benef it the public health, safety, and welfare. Such conditions may also govern the installation and use of equipment that is not located on a Structure, but that is deemed necessary for the use and maintenance of a permitted SWF.
9. If the Applicant believes t hat the application of any particular provision of these regulations to a particular application would have the impact of “effectively prohibiting” the provision of wireless service, the Applicant may appeal the denial of any application to the Director of Public Works within ten days of such denial. This appeal shall include, in addition to the information included in the application, a narrative identifying the provision which allegedly has this impact, provides an analysis demonstrating why application of the provision would “effectively prohibit” the installation, and provides an analysis demonstrating that no reasonable alternative exists for the provision of wireless telecommunications service. The Director of Public Works may approve the application if he/she finds that the application of the provision to this particular location would “effectively prohibit” the provision of wireless services. The Director of Public Works may request, and Applicant shall provide, any information deemed reasonably necessary by the Director to make an informed decision. Appeals shall be limited to determining whether the application of a particular provision of these regulations would “effectively prohibit” the provision of wireless service if enforced, and for no oth er claim or reason. The Director may deny the application if
Exhibit 2, Page 7
he/she finds that the Applicant has not successfully proven that the application of these regulations would “effectively prohibit” the provision of wireless services. The City may charge a fee to cover its actual costs in administering an appeal under this Section.
10. Applicant shall ensure the installation of SWF meet conditions as may be required to control the construction, installation, maintenance, repair and removal of such facilities in a public right of way so as to protect and benefit the public health, safety, and welfare. The terms and conditions of any such permit issued shall be subject to these requirements and limited to those areas consistent with the City’s authority under applicable law. These conditions shall include, but not be limited to, the following:
a. Normal and routine access to, and use, operation, maintenance and repair of SWF that does not impact vehicle or pedestrian traffic patterns shall be considered as part of the permitted installation, and no new permit shall be required for any such access, use, operation, maintenance or repair.
b. A new permit shall be required for upgrades, relocations, and/or modifications of the installed facilities, unless the City Engineer or his/her designee determines that such upgrade, relocation, and/or modification is minor, insignificant, and insubstantia l.
Permittee may replace approved Equipment with like -kind, similar Equipment, without obtaining a new permit if such like -kind, similar Equipment serves a substantially equivalent function, is the same or smaller in size, has the same or fewer number of antennas than approved by the City, and presents a substantially similar appearance to the Equipment it replaces. All modifications and replacements remain subject to these requirements and non-discretionary structural and safety codes. c. Each year, at an interval to be specified by the City, the Applicant or their successor shall provide documentation demonstrating that insurance has been maintained on all SWF (including Structures) in accordance with City specifications, as may be amended from time-to-time. Requirements for insurance coverage shall be determined by the City Attorney’s Office, who shall make such requirements publicly available.
11. A permit for the installation of a SWF may be transferred to a successor, assign, or affiliate of the permittee, provided that any transferee holds and provides evidence of all required FCC and any other required governmental approvals or licenses necessary to provide telecommunication services.
12. This Resolution shall apply only to SWFs within the ROW and shall not extend to any other types of facilities and/or any other locations. This Resolution shall not amend or supersede Resolution 21369 (as may be amended from time to time).
13. If the City and an applicant have entered into a Master Lease Agreement (or a n equivalent Agreement) pursuant to Resolution 21369, the City and the Applicant may agree within that Agreement to alternative regulations which, in the opinion of the City Council, would be equal or superior to the regulations contained herein with regards to accomplishing the stated goals of these regulations. When considering these alternatives, the Council shall consider the revised regulations as a whole, and individual modifications shall not be applicable to other Applicants unless a holistic review of alternatives is performed through a Master Lease Agreement.
Exhibit 2, Page 8
14. The City reserves the right to require a Master Lease Agreement as a condition of installing or maintaining SWFs. In the event that the FCC’s Administrative Order is amended, modified, and/or invalidated in a manner that the City is no longer required under the Order to issue a SWF Encroachment Permit, the City may deny any applications received pursuant to this Resolution until both parties enter into a Master Lease Agreement. Further, the City reserves the right to revoke any SWF Encroachment Permit in accordance with Section 30-42 of the Salinas Municipal Code.
PASSED AND APPROVED this 2nd day of April 2019 by the following vote:
AYES: Councilmembers: Barrera, Cromeenes, Davis, De La Rosa, McShane, Villegas and Mayor Gunter
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
________________________
Joe Gunter, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Exhibit 3, Page 1
EXHIBIT 3
CURRENT LICENSOR FEES
RESOLUTION NO. 21581 (N.C.S.)
A RESOLUTION OF THE SALINAS CITY COUNCIL ESTABLISHING FEES
RELATED TO SMALL WIRELESS FACILITIES WITHIN THE PUBLIC RIGHT-OF-WAY
WHEREAS, the Salinas is a charter city organized pursuant to California Constitution Art. XI, sec. 7 with legislative power subject only to limitations of general law; and
WHEREAS, pursuant to the authority granted Salinas through Art . XI, sec. 7, the City has the power to impose valid regulatory fees; and
WHEREAS, the Salinas City Council has adopted regulations to govern the permitting, inspection, and monitoring of Small Wireless Facilities within the City Right-of-Way, which include the establishment of a Small Wireless Facility Encroachment Permit; and
WHEREAS, the City Council desires to ensure that all costs incurred in association with the permitting, inspection, and monitoring of these facilities, whether through staff time or otherwise, are fully recovered to maintain established City service standards; and
WHEREAS, the fees proposed in this Resolution do not exceed the estimated reasonable cost of providing the service for which the fee is charged; and
WHEREAS, the adoption of these fees is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
NOW THEREFORE, be it resolved by the Council of Salinas as follows:
The fees for application, amendment, and/or renewal for a Small Wireless Facility Encroachment Permit shall be as follows:
Small Wireless Facility Encroachment Permit Application: $347.00 Small Wireless Facility Encroachment Permit Appeal: $357.00 Small Wireless Facility Encroachment Permit Inspection Fee: $742.00 Small Wireless Facility Annual Monitoring Fee: $270.00 City staff is hereby authorized to promulgate regulations necessary for the implementation of these fees.
Exhibit 3, Page 2
PASSED AND APPROVED this 2nd day of April 2019, by the following vote:
AYES: Councilmembers: Barrera, Cromeenes, Davis, De La Rosa, McShane, Villegas and Mayor Gunter
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
________________________
Joe Gunter, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Exhibit 4, Page 1
EXHIBIT 4
REQUIRED PERMIT INFORMATION (SUBJECT TO MODIFICATION BY LICENSOR)
Equipment Owner Applicant (if different than
Equipment Owner)
Application Date: Name: New Cingular Wireless PCS, LLC Name:
Site Name/Project #: Address: Address:
Contact
Name:
Contact
Name:
Approved by: Phone #: Phone #:
Date: Email:
WIRELESS INSTALLATION - ATTACHMENT TO EXISTING STRUCTURE Structure Pole #
Location/GPS Coordinates Antenna Grade
(Highest Point)
Antenna Dimensions
(HxWxD)
Equipment
Weight
Transmit
Frequency
Receive
Frequency
Output
Power Level LAT LONG
Notes:
Exhibit 5, Page 1
EXHIBIT 5
FORM OF SITE LICENSE
This Site License is granted this______ day of , 20___, by the City of Salinas (the “LICENSOR”) to UNDERLINE MONTEREY, LLC, a Delaware limited liability company (“Licensee”).
WHEREAS, LICENSOR and Licensee entered into a License Agreement for Wireless Installations on Public Structures dated ______________, 20____ ("Agreement"); and
WHEREAS, pursuant to that Agreement, Licensee has submitted a Small Wireless Facilities Encroachment Permit (“SWFEP”) application in accordance with the terms of that Agreement, has obtained approvals for that SWFEP, and has completed construction of the Wireless Installation.; and WHEREAS, LICENSOR has reviewed the application in accordance with applicable laws a nd regulations, and has verified through inspections that the work completed by the Licensee has been done in accordance with all applicable requirements.
NOW, THEREFORE, as stipulated in Section 4.4 of the Agreement, the City of Salinas, as LICENSOR, hereby grants this Site License, including all associated rights , to Licensee, subject to the following provisions:
1. Ongoing Operations. Ongoing operation of the site shall be in accordance with the terms and conditions of the Agreement.
2. Project Description and Locations . This Site License is provided for the Wireless Installation identified and described in Exhibit 1 attached hereto.
3. Term. The term of this Site License shall be as set forth in Section 1.4 of the Agreement, unless terminated sooner pursuant to said Agreement.
4. License Payment and Monitoring Fees. Licensee shall remit any License Payments and Monitoring Fees required by the Agreement. The License Payment shall be in the amount and otherwise payable in accordance with the Agreement as set forth in Sections 3.1 through 3.4 of the Agreement.
5. Special Provisions, If Any (Specific to the Licensed Site).
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Exhibit 5, Page 2
I hereby confirm that the above language is true and correct and certify on behalf of the City of Salinas that this License has been granted to Licensee.
By: ______________________________
Name: ______________________________
Title: ______________________________
Date: ______________________________
EXHIBITS
1 Licensed Site, Wireless Installation Equipment List and Plans
Exhibit 5, Page 3
EXHIBIT 1 TO SITE LICENSE
Licensed Site, Wireless Installation Equipment List and Plans
Licensee Wireless Installation Reference: [LICENSEE TO COMPLETE] FA / USID:
Site Name: CRAN_POLYGON NAME_NODE #
PTN / PACE:
Structure Identification Number: [LICENSOR TO COMPLETE] Structure Latitude and Longitude (Approximate): [LICENSEE TO COMPLETE]
Wireless Installation Equipment List: [LICENSEE TO COMPLETE]
Wireless Installation Plans: See the attached plan set dated __________ 20__ prepared by _______________ consisting of (___) page(s).
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-311, Version: 1
Agreement for Services with Environment Systems Inc. of Northern California Approve a Resolution ratifying the agreement for services between the City of Salinas and Environmental Systems Inc of Northern California at cost $48,112.00.
City of Salinas Printed on 6/8/2022Page 1 of 1
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: JUNE 14, 2022
DEPARTMENT: PUBLIC WORKS, FACILITIES MAINTENANCE DIVISION FROM: DAVID JACOBS, PUBLIC WORKS DIRECTOR
BY: RONALD PATTERSON, FLEET MAINTENANCE MANANGER
TITLE: RATIFICATION TO AGREEMENT SIGNED MAY 3RD, 2022
WITH ENVIRONMENTAL SYSTEMS INC (FIRE STATION #4
FURNACE REPLACEMENT.
RECOMMENDED MOTION:
It is recommended that City Council approve a resolution authorizing the replacement of two 1965 Janitrol model 20-225 HVAC units that were identified as unsafe during an inspection with two new units.
RECOMMENDATION:
It is recommended that City Council approve a resolution authorizing the direct purchase and installation of the aforementioned equipment at a total cost of $ 48,112.00. It is further recommended that a contingency of 10% be allowed for any price increase due to market volatility.
BACKGROUND:
Facilities Maintenance in conjunction with Environmental S ystems Inc (ESI) conducted an inspection on the HVAC equipment at fire station #4 in April of this year. During th e inspection the unit that supplies the dormitory was identified as having failed and was no longer supplying any heat or air. The unit that was supplying the other living space had a suspected failed heat exchanger. To get a proper inspection on the unit. It required it to be torn apart. This was not a good option due to the age of the unit as well as the other unit having already failed. The units date to 1965 and are well past their life expectancies. Since both units were put out of service we needed to move as quickly as possible to get the necessary repairs made. We requested a quote from ESI to replace the units with current models. It was further requested that we add the Air Conditioning coils and condensers at the same time so the station will have heating and cooling since this is a 24/7 facility. In the interest of getting heat back to the staff at the station we moved forward with only one quote. Furthermore, with parts availability being an issue and having two units available We entered into an agreement on May 3 rd, 2022 with Environmental Systems Inc to perform the needed work at a cost of $48,112.00. The new units will meet current standards for efficiency.
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Council has the authority to approve these purchases under Municipal Code Section 12 -27 – Exceptions (due to the nature of the purchase, low-bid based competition is not likely to serve the best interest of the city, yield the best value to the city, or result in the lowest price). Furthermore, Section 12-24 Emergency purchases (In case of emergency affecting the public’s health and safety, the purchasing agent and the city manager are authorized to purchase supplies, materials, equipment or contractual ser vices required for such emergency, without regard to amount limitation or prior approval by the city council.)
CEQA CONSIDERATION:
Not a Project . The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
STRATEGIC PLAN INITIATIVE:
The requested Council action directly relates to Council’s Strategic Plans or Goal of providing “Infrastructure and Environmental Sustainability”. The replacement of the failed heater units will provide a healthy as safe work environment.
DEPARTMENTAL COORDINATION:
Facility Maintenance, in coordination with the Fire Department determined that the work being performed meets both the needs of the Facilities Department as well as the Fire Department . The Finance Department will coordinate the purchase.
FISCAL AND SUSTAINABILITY IMPACT:
Funds are appropriated and available in the American Rescue Plan Act account (3911.45.9541-
66.4000).
ATTACHMENTS:
Agreement for Services
Bonds
Resolution
RESOLUTION NO.____________(N.C.S.)
A RESOLUTION RATIFIING THE AGREEMENT FOR SERVICES BETWEEN
THE CITY OF SALIANS AND ENVIRONMENTAL SYSTEMS INC OF
NORTHERN CALIFORNIA
WHEREAS, The City of Salinas and Environmental Systems Inc entered into an agreement for repair and replacement of the HVAC equipment at fire station #4 under emergency pretense ; and
WHEREAS, Fire station #4 has no heating or air flow to the living spaces due to one failure and one needing further inspection; and
WHEREAS, Both units date to 1965 and are well beyond their life span; and WHEREAS, A contingency of up to ten percent be allowed for any price increase due to market volatility; and
WHEREAS, Environmental Systems Inc provide a quote of $48,112.00 to replace the failed HVAC components at station #4; and
WHEREAS, Fund are appropriated and available in 3911.45.9541-66.4000; and NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby ratifies the agreement for service with Environmental Systems Inc at a cost of $48,112.
PASSED AND APPROVED this June 14th, 2022 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Kimbley Craig, Mayor
ATTEST:
Patricia M. Barajas, City Clerk
Agreement for Services v. January 2021 Page 1 of 27
Environmental Service Inc
May 2022
AGREEMENT FOR SERVICES BETWEEN
THE CITY OF SALINAS AND ENVIRONMENTAL SYSTEMS INC OF NORTHERN
CALIFORNIA
Fire Station #4 Furnace Replacement
THIS AGREEMENT is executed this 3 day of May 2022, (“Agreement” or “Contract”) between the City of Salinas, a California Charter City and Municipal Corporation (hereinafter “City”) and ENVIRONMENTAL SYSTEMS INC OF NORTHERN CALIFORNIA, a California Corporation (Hereinafter “Contractor”).
IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
Scope. Contractor hereby agrees to provide to the City, as the scope of services under this Agreement, the following services: Environmental Systems, Inc. proposed to provide the labor and material to complete the replacement of Fire Station #4 Furnace Replacement. Scope of work is further discussed in Title of City’s Request for Proposal or Solicitation, Attachment B and Contractor’s Proposal dated April 11, 2022. Attachment C contains the Department of Industrial Relations information.
1. Timeliness. Contractor shall perform all tasks in a timely fashion, as set forth more specifically in Section 3 below. Failure to so perform is hereby deemed a material breach of this Agreement, and City may terminate this Agreement with no further liability hereunder, or the city may agree in writing with Contractor to an extension of time.
2. Term. The work under this Agreement shall commence upon completion of the agreement and shall be completed by October 30, 2022 unless City grants a written extension of time as set forth in Section 2 above.
3. Payment. City agrees to pay and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, Forty eight thousand one hundred and twelve Dollars ($48,112.00) as more fully described in title of Contractors fee schedule, Attachment B. Contractor has no right of reimbursement for expenses under this Agreement.
Compensation shall become due and payable 30 days after City’s approval of Contractor’s submission of monthly written invoices to the City. The payment of any compensation shall be contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.
4. Meet & Confer. Contractor agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by City to insure timely and adequate performance of this Agreement.
5. Insurance. Contractor shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Attachment A hereto.
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Environmental Service Inc
May 2022
7. Indemnification. Contractor shall hold harmless, defend at its own expense, and indemnify City and its officers, officials, employees, agents, and volunteers from and against all liability, claims, damages, losses, and/or expenses including reasonable City attorney fees arising from all acts or omissions of Contractor or its officers, agents, or employees arising
out of the performance of the work under this Contract, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence or willful misconduct of the City.
8. Licensing. Contractor warrants that it is properly licensed to perform the work specified under this Agreement, including but not limited to possession of a current City business license.
9. Termination. City may terminate this Agreement upon ten days’ written notice. The amount of damages, if any, as a result of such termination may be decided by negotiations between the parties or before a court of competent jurisdiction.
10. Agency. In performing the services specified under this Agreement, Contractor is hereby deemed to be an independent contractor and not an agent or employee of City.
11. Non-Assignability. The rights and obligations of Contractor hereunder are not assignable and cannot be delegated without written consent of City.
12. Entire Agreement. This Agreement constitutes the entire Agreement between the parties hereto and supersedes any and all prior agreements, whether oral or written, relating to the subject matter thereof. Any modification of the Agreement will be effective only if it is in writing signed by both parties hereto.
13. Validity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way.
14. Counterparts. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts.
15. Laws. Contractor agrees that in the performance of this Agreement it will comply with all applicable State, Federal and local laws and regulations. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.
IN WITNESS WHEREOF, this Agreement is entered into by the parties hereto on the day and year first written above.
DocuSign Envelope ID: 0CB2DD78-1D57-476A-A4E2-CE88B8A1DE38 Agreement for Services v. January 2021 Page 3 of 27
Environmental Service Inc
May 2022
CITY OF SALINAS
__________________________________
Sam Klemek
Acting Fire Chief
APPROVED AS TO FORM:
_________________________________
Christopher A. Callihan, City Attorney, or
Rhonda Combs, Assistant City Attorney
CONTRACTOR
___________________________________
By (Printed Name):___________________
Its (Title):___________________________
DocuSign Envelope ID: 0CB2DD78-1D57-476A-A4E2-CE88B8A1DE38 Corp. Sec.
Gene Enfantino
Agreement for Services v. January 2021 Page 4 of 27
Environmental Service Inc
May 2022
Attachment A
Insurance Requirements
Contractor shall procure and maintain for the duration of the contract, and for three years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his/her/its officers, agents, representatives, employees, and/or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, on an annual basis.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Contractor requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by DocuSign Envelope ID: 0CB2DD78-1D57-476A-A4E2-CE88B8A1DE38 Agreement for Services v. January 2021 Page 5 of 27
Environmental Service Inc
May 2022
or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.
4. A copy of the claims reporting requirements must be submitted by Contractor to the City.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractor’s Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including an additional insured endorsement and all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Maintenance of Insurance
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Contractor of its indemnification obligations or any responsibility whatsoever and the Contractor may carry, at its own expense, such additional insurance as it deems necessary.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Payment bond
2. Performance bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty, a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
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Attachment B
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Attachment C
DEPARTMENT OF INDUSTRIAL RELATIONS’ STATE LABOR CODE
Labor Law Requirements
(CCR Title 8, Section 16421)
This public works project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). All work shall be in accordance with wage scales and applicable determinations made by the Director of the DIR, as p rovided by Article 2, Chapter 1, Division 2, Part 7 of the Labor Code of the State of California, commencing with §1771.
Penalties for violations may be applied by the DIR pursuant to the Labor Code §1813 and §1815. The C ontractor shall indemnify, hold harmless, and defend the City (with counsel reasonably approved by the City) against any claim for damages, compensation, fines, penalties , or other amounts arising out of the failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages as determined pursuant to Labor Code §1720, and hereby agrees to, §§1771-1774; to employ apprentices pursuant to Labor Code §1777.5 et seq., and/or to comply with the other applicable provisions of Labor Code §1720 et seq., §§1771- 1774, §1777.5 et seq., and the implementing regulations of the DIR in connection with t he scope of work. This indemnification section shall survive the expiration of the Term.
The Federal and State Labor Law requirements applicable to the Agreement are composed of, but not limited, to the following items:
1. Payment of Prevailing Wage Rates: All contractors, including subcontractors, shall pay no less than the prevailing rate of wages (Labor Code §1775), including the rates for holidays and overtime work (Labor Code §§1813 and 1815), to all workers employed in the execution of the contract (Labor Code §1774), pursuant to Labor Code §§1720-1784.
The prevailing rates are those issued as wage determinations by the D IR, for each craft, classification and type of work. The current wage rate information can be found at the DIR’s website at: https://www.dir.ca.gov/oprl/DPreWageDetermination.htm.
Copies of the prevailing rate of pe r diem wages are on file at City’s Public Works Department (principal place of office). Contractor shall post a copy of the determination of the Director of DIR of the prevailing rate of per diem wages at each job site.
2. Apprentices: Contractor and subcontr actors shall employ registered apprentices on this public works Agreement pursuant to Labor Code §1777.5. All contractors on this project (prime and subcontractors) are required to submit the Division of Apprenticeship Standards’ (“DAS”) Public Works Contr act Award Information (DAS 140) form to all applicable apprenticeship committees no later than 10 days before commencing work.
Additionally, all contractors are required to request registered apprentices (DAS 142 form).
Penalties for failure to pay prevail ing wages (for non -exempt projects) and failure to employ apprentices include forfeitures and debarment under Labor Code § §1775 and 1777.7.
3. Certified Payroll Records: All contractors, including subcontractors, must maintain and file certified payroll recor ds (“CPRs”) pursuant to Labor Code §1776. Additionally, all contractors and subcontractors must furnish certified payroll records into the DIR’s Electronic Certified Payroll Reporting (“eCPRs”) database DocuSign Envelope ID: 0CB2DD78-1D57-476A-A4E2-CE88B8A1DE38 Agreement for Services v. January 2021 Page 11 of 27
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(https://efiling.dir.ca.gov/eCPR/pages/eCPROnlineForm.jsp). Penalties apply to Contractor and any Subcontractors for failure to do so under Labor Code §1777.
4. Subcontracting: Contractors are required to list all subcontractors hired to perform work on this public works agreement.
5. Proper Licensing/Registration : All contractors and subcontractors are required to be properly licensed, in accordance with the Provisions of Chap ter 9 of Division 3 of the Business and Professions Code and subject to the requirements of §4104 of the Public Contract Code. In addition, all contractors including subcontractors must submit proof of current registration to perform public work, pursuant to Labor Code §1771.1. Contractors are r equired to be properly licensed and to require all subcontractors to be properly licensed. Penalties for employing workers while unlicensed under Labor Code §1021 and under the California Contractors License Law, fou nd at Business and Professions Code §7000 et. seq.
6. Job Site Notices: Contractors are required to post all required notices (posters) on the job site in an area accessible to all workers, including subcontractors. Posters must be readable and placed in visible areas allowing workers to access the posters before, during, and after work shifts. Jobsites with multiple locations must include a portable poster board to ensure continued access to the information. Posters placed in foreman, supervisor, or employee vehicles, in an offsite job trailer, or inside a temporary restroom do not meet the posting requirement. Posters may be printed from the DIR’s website at:
http://www.dir.ca.gov/wpnodb.html.
7. Nondiscrimination in Employment – Equal Employment Opportunity (“EEO”) :
Employment discrimination is prohibited, pursuant to Labor Code §1777.6, the Government Code, and Title VII of the Civil Rights Act of 1964.
8. Kickbacks Prohibited: Contractors and subcontractors are prohibited from recapturing wages illegally by accepting or extracting “kickbacks” from employee wages pursuant to Labor Code §1778.
9. Acceptance of Fees Prohibited : Contractors and subcontractors are prohibited from accepting fees for registering any pers on for public work or for filling work orders on public works contracts, pursuant to Labor Code §§1779 and 1780.
10. Unfair Competition Prohibited : Contractors and subcontractors are prohibited from engaging in unfair competition as specified under Business and Professions Code §§17200 - 17208.
11. Workers’ Compensation: Contractors and subcontractors must be properly insured for Workers’ Compensation under Labor Code §1861. Contractor hereby represents that Contractor is aware of the provisions of Section 3700 of the Labor Code, which require every employee to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor will comply with such provisions before commencing the performance of the work of this agreement.
12. OSHA: Contractors and subcontractors must abide by the Occupational, Safety, and Health Laws and regulations that apply.
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City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-316, Version: 1
City Wide Landscape Services for Greenbelts, Medians and Roundabouts Approve a Resolution awarding the landscape contract to Smith and Enright Landscaping, Inc at a cost of $244,704.00 annually for a total of three years totaling $734,112.00.
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DATE: JUNE 14, 2022
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, PUBLIC WORKS DIRECTOR BY: VICTOR BAEZ, DISTRICTS/FORESTRY MANAGER TITLE: CITY-WIDE LANDSCAPE SERVICES FOR GREENBELTS,
MEDIANS & ROUNDABOUTS
RECOMMENDED MOTION:
A motion to award contr act for City -Wide Landscape Services for Greenbelts, Medians & Roundabouts to Smith & Enright Landscaping, Inc . for a total three -year contract amount of $734,112.00.
RECOMMENDATION:
Staff recommends Council approve a resolution to award Smith & Enright Landscaping, Inc. a contract for City-Wide Landscape Services for Greenbelts, Medians & Roundabouts.
EXECUTIVE SUMMARY:
The Public Works Department is responsible for routine landscape maintenance of greenbelts, medians, and roundabouts throughout the City of Salinas. The City-Wide Median/Greenbelts, Parks and City Facility Landscape Services contract for professional landscape services was awarded to BrightView Landscape Services, Inc. on June 18, 2019. The contract agreement was for a term of three years with the option to renew/extend for two additional years. Staff does not recommend extending the contract for two additional years due to the separation of landscape service responsibilities that have been agreed upon by the Public Works Department and Library & Community Services Department. The Public Works Department oversees the landscape maintenance for greenbelts, medians, and roundabouts throughout the City. At the time the contract was awarded on June 18, 2019, the Park Maintenance Division was not a part of the Library & Community Services Department. Effective July 1, 2020, the Park Maintenance Division was incorporated into the Library & Community Services Department. They oversee the landscape services for the parks and city facilities throughout the City. All landscape maintenance functions are provided by private contractors selected though the City’s competitive
CITY OF SALINAS
COUNCIL
STAFF
REPORT
Page | 2
bidding process. To avoid service interruptions, the City-Wide Landscape Services for Greenbelts, Medians, & Roundabouts Request for Proposals was posted to PlanetBids on March 29, 2022. The deadline to submit bids on PlanetBids was April 26, 2022. A summary of all bids received is in the background section and in the bid tabulation attachment.
The Public Works Department formal bid purchasing threshold is $120,010. Any award amount above $120,010 will need to be approved by the City Council.
BACKGROUND:
The City relies heavily upon professional landscape service providers to keep up the day-to-day maintenance for the greenbelts, medians, and roundabouts. The City-Wide Greenbelts/Medians, Parks and City Facility Landscape Services agreement will expire on July 1, 2022. Staff’s goal is to award a new agreement for a minimum of three years with the option to extend the services for two years.
On March 29, 2022, the City-Wide Landscape Services for Greenbelts, Median & Roundabouts Requests for Proposals was posted to PlanetBids. Proposals were submitted by Smith & Enright Landscaping, Inc, BrightView Landscape Services, Inc, and Terracare Associates on April 26, 2022, before the 2:00 pm deadline. Bids were accepted through PlanetBids.
On April 26, 202 2, electronic proposals were received, and the lowest bid w as considered for approval for the City-Wide Landscape Services for Greenbelts, Median & Roundabouts agreement. The following is a summary of the monthly and annual landscape maintenance costs proposed by Smith & E nright Landscaping , Inc , BrightView Landscaping Services, Inc and Terracare Associates:
Company Monthly Cost Yearly Cost
Smith & Enright
Landscaping, Inc.
$20,392.00
$244,704.00
BrightView
Landscaping
Services, Inc.
$21,382.08 $256,585.00
Terracare
Associates
$48,392.14 $580,705.68
CEQA CONSIDERATION:
Not a Project . The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls Page | 3
within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
STRATEGIC PLAN INITIATIVE:
This relates the Council’s Strategic goals of infrastructure and Environmental Sustainability.
DEPARTMENTAL COORDINATION:
This work is an ongoing partnership between divisions within the Public Works Department. The PW Administration Division assists with reviewing the RFPs. The Environmental & Maintenance Services Division executes the contract and oversees the day-to-day operations.
FISCAL AND SUSTAINABILITY IMPACT:
The yearly cost of $244,704.00 for the agreement will be funded with General Funds from account 1000.50.5239-63.6010 for FY 22/23, FY 23/24, and FY 24/25. The contract total amount for the three-year term will be $734,112.00.
ATTACHMENTS:
Resolution
Bid Tabulation Sheet
Smith and Enright Proposal
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RESOLUTION NO. (N.C.S.)
A RESOLUTION OF THE SALINAS CITY COUNCIL AWARDING A CONTRACT
FOR CITY-WIDE LANDSCAPE SERVICES FOR GREENBELTS, MEDIANS &
ROUNDABOUTS
WHEREAS, representatives of the Public Works Department received and reviewed the bids for the City-Wide Landscape Services for Greenbelts, Medians & Roundabouts Request for Proposals submitted to PlanetBids on April 26, 2022; and
WHEREAS, for the City -Wide Landscape Services for Greenbelts, Medians & Roundabouts, the lowest bidder, Smith and E nright Landscaping Services, Inc. submitted a total annual bid of $244,704.00 and sufficient funds are available to award the contract . Contract total for three years is $734,112.00; and
WHEREAS, City staff thereupon reported the results of the proposals submitted to the City Council at its regular meeting on June 14, 2022, and the Council in open session at said meeting examined the report of staff; and
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council that pursuant to Salinas Municipal Code s ection 12-21, in reference to the City -Wide Landscape Services for Greenbelts, Medians & Roundabouts contract, that all of said proposals are rejected except the proposal of Smith and Enright Landscap ing Services, Inc. (hereinafter referred to as “Successf ul Bidder”), being the lowest and best bid, which is hereby accepted. The subject contract is hereby awarded to Successful Bidder for the sum of $244,704.00 per year (for a period of three years, with an option to extend two additional years), and more specifically detailed in the unit and extra work prices particularly set forth and contained in the proposal for City-Wide Landscape Services for Greenbelts, Medians & Roundabouts. Said sum shall be paid by the City of Salinas to said Successful Bidder in cash, lawful money of the United States of America, payable at the time and in the manner specified in the contract documents in the City-Wide Landscape Services for Greenbelts, Medians & Roundabouts Request for Proposals; and
BE IT FURTHER RESOLVED that said contract documents are hereby referred to for all of the details and particulars thereof, and said contract is by reference incorporated in and hereby made a part of this resolution; and
BE IT FURTHER RESOLVED that the Mayor of Salinas is hereby authorized and directed on behalf of the City of Salinas to execute a contract consistent with the Proposal of the City-Wide Landscape Services for Greenbelts, Medians & Roundabouts ’ Successful Bidder for said work effective the date of this Resolution.
PASSED AND APPROVED this 14th day of June 2022, by the following vote:
AYES:
NOES:
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ABSENT:
ABSTAIN:
APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
BID OPENING:
March 29, 2022
B I D T A B U L A T I O N
City-Wide Landscape Services for Greenbelts, Medians and Roundabouts Project Manager: Victor Baez
Bid awarded on June 14, 2022 by City Council to Smith & Enright Landscaping, Inc for the sum of $244,704.00 (Base Bid 1), All other bids were rejected.
Dated this 14th Day of June, 2022
City Clerk BrightView Landscape Services, Inc.
ITEM NO OF UNIT UNIT UNIT
NO. YEARS PRICE PRICE PRICE
BASE BID Greenbelts, Medians & Roundabouts
1 Maintenace of landscaping shall include, but not
limited to mowing, trimming, pruning, irrigation
repair/monitoring, fertilization, weed control/disposal, cultavation, rodent control, watering, plant
replacement, and cleanup of drainage facilities using
green landscape maintenace procedures.
MONTHLY 3 MONTH $20,392.00 $244,704.00 $21,382.08 $256,585.00 $48,392.14 $580,705.68 1 2
3 4
5 6
x x
YEARLY TOTAL FREQUENCY YEARLY TOTAL YEARLY TOTAL
ITEMS TO BE SUBMITTED WITH PROPOSAL ON BID OPENING DATE $580,705.68(FOR COMPARISON ONLY)
PAYMENT BOND
WRITTEN STATEMENT FOR INSURANCE REQUIREMENTS x x x
QUESTIONNAIRE x
DISQUALIFICATION QUESTIONNAIRE x x x
DECLARATION OF LOCAL BUSINESS ENTERPRISE FORM x x x
x x
DESCRIPTION UNIT OF
MEASURE
TOTAL BASE BID (ITEM 1) $244,704.00 $256,585.00
ITEM TO BE SUBMITTED BY LOWEST BIDDER AFTER AWARD DATE
Salians, CA 93901 San Jose, CA 95112 Los Angeles, CA 90071 PRICING PROPOSAL FORM x
CONTRACTORS
Smith & Enright Landscaping, Inc. Terracare Associates
540 Work St Suite C 825 Mabury Rd 550 S. Hope St. Suite 1675 5/20/2022 5:40 PM C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FC14E7E8\@[email protected] Page 1 of 1
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-318, Version: 1
California Department of Transportation Grant Acceptance Approve a Resolution authorizing the Public Works Director to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation for the City of Salinas Active Transportation Plan: Outreach and Implementation; and authorize the transfer of $76,156 of funding from CIP 5800.50.9607 Bicycle Lane Installation to a new CIP for the Active Transportation Plan as grant matching funds.
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: JUNE 14, 2022
DEPARTMENT: PUBLIC WORKS, TRAFFIC AND TRANSPORTATION DIVISION FROM: DAVID JABOCS, PUBLIC WORKS DIRECTOR
BY: ANDREW EASTERLING, TRAFFIC ENGINEER
TITLE: TRANSPORTATION GRANT ACCEPTANCE
RECOMMENDED MOTION:
A motion to approve a Resolution to:
1) Authorize the Public Works Director to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation for the City of Salinas Active Transportation Plan: Outreach and Implementation. 2) Authorize the transfer of $76,156 of funding from CIP 5800.50.9607 Bicycle Lane Installation to a new CIP for the Active Transportation Plan as grant matching funds.
RECOMMENDATION:
Staff recommends a motion to approve a Resolution to:
1) Authorize the Public Works Director to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation for the City of Salinas Active Transportation Plan: Outreach and Implementation. 2) Authorize the transfer of $76,156 of funding from CIP 5800.50.9607 Bicycle Lane Installation to a new CIP for the Active Transportation Plan as grant matching funds.
EXECUTIVE SUMMARY:
Caltrans has selected the City of Salinas to be awarded a Sustainable Transportation Planning Grant for the Active Transportation Plan: Outreach and Implementation. The amount of the grant is $394,844 with a $76,156 match from the City. The City’s current bicycle and pedestrian plans were developed in the early 2000s, and there is a need for an update compressive active transportation planning document. Additionally the City completed an Active Transportation Existing Conditions and Needs Assessment in 2018. The Grant funds will help the City conduct outreach to build upon and integrate the work that was already completed to deliver an updated and comprehensive Active Transportation Plan.
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BACKGROUND:
The City of Salinas is well-positioned to increase walking and bicycling for transportation. It has a mild climate most of the year, is relatively flat and has an existing 95 miles of connected bikeways and access to Amtrak. However, there are substantial gaps in the current bicycle network and much of the network is in relatively disconnected islands that create barriers to bicycling on streets with high speed and volumes of vehicles and create safety issues when people bike on streets without a dedicated facility. In addition, although the sidewalk network in Salinas is generally well developed, there are some gaps and the sidewalks in many areas need repair or replacement.
The City of Salinas Active Transportation Plan will build from the 2018 Salinas Active Transportation Needs Assessment and other current work, and provide systematic, iterative community engagement, focusing on critical agency stakeholders as well as disadvantaged communities, in developing a community supported set of implementable active transportation project improvements that will encourage active modes and increase safety for all. This plan develops the strategy to improve bicycle and pedestrian connectivity and safety by expanding existing bicycle networks, improving pedestrian circulation, reducing vehicle trips, creating complete streets, and building a healthy and livable community.
The City of Salinas partnered with Ecology Action to apply for a Caltrans Sustainable Transportation Planning Grant to develop and an Active Transportation Plan. The plan is intended to act as a combined update of the 2004 Pedestrian Plan and the 2002 Bikeways Plan and provide a strategy for city-wide sustainable transportation growth and opportunities to support connection and integration into the regional active transportation network. This plan will help the City build consensus around key projects that can continue Salinas’ success in supporting active transportation. The plan will include a robust outreach effort that uses a diverse set of tools to meet people where they are at, a community driven prioritization process to select projects for design and implementation, discussion and agreement on the policy and programmatic improvements to support the network, and a design process that will result in concepts that are feasible and fundable. In consideration for the current COVID-19 environment, some public outreach efforts, and stakeholder meetings will be held on-line and in-person.
If accepted the City and Ecology Action have developed a schedule planning to have the final Active Transportation Plan adopted by 2025. The plan development will focus heavily on community engagement and outreach, which could begin as early as August 2023. The development of the Active Transportation Plan will be coordinated heavily with the General Plan Update also underway.
CEQA CONSIDERATION:
Not a Project . The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it Page | 3
can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or foreseeable indirec t physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
STRATEGIC PLAN INITIATIVE:
The Transportation Grant Acceptance for the Active Transportation Plan supports the City Council’s Goals of Infrastructure and Environmental Sustainability and Youth and Safety.
DEPARTMENTAL COORDINATION:
The Active Transportation Plan will be developed by Public Works in close coordination with Community Development and the General Plan Update. The Finance Department will assist in the use of grant funds.
FISCAL AND SUSTAINABILITY IMPACT:
There is no impact to the General Fund. The grant amount is $394,844 and the City is responsible for a $76,156 match. Staff recommends the transfer of $76,156 from CIP 5800.50.9607 Bicycle Lane Installation to a new CIP account for the Active Transportation Plan.
Once adopted the Active Transportation Plan recommendations will help the City secure additional grant funding for active transportation infrastructure improvements.
ATTACHMENTS:
Resolution
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RESOLUTION NO. (N.C.S.)
A RESOLUTION TO AUTHORIZE THE PUBLIC WORKS DIRECTOR TO EXECUTE
ALL RESTRICTED GRANT AGREEMENTS AND ANY AMENDMENTS THERETO
WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE CITY OF SALINAS ACTIVE TRANSPORTATION PLAN: OUTREACH AND
IMPLEMENTATION
WHEREAS, the City of Salinas is eligible to receive Federal and/or State funding for certain transportation planning related plans, through the California Department of Transportation; and
WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be claimed through the Transportation Planning Grant Programs; and
WHEREAS, the City of Salinas wishes to delegate authorization to execute these agreements and any amendments thereto; and
WHEREAS, the grant is in the amount of $394,844 and the City is responsible for a $76,156 match; and
WHEREAS, staff recommends the transfer of $76,156 from CIP 5800.50.9607 Bicycle Lane Installation to a new CIP for the Active Transportation Plan.
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council approves a Resolution to authorize the Public Works Director to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation for the City of Salinas Active Transportation Plan: Outreach and Implementation; and
BE IT FURTHER RESOLVED that the Salinas City Council approves a Resolution to authorize the transfer of $76,156 of funding from CIP 5800.50.9607 Bicycle Lane Installation to a new CIP for the Active Transportation Plan as grant matching funds.
PASSED AND APPROVED this 14th day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Page | 2
APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-319, Version: 1
Direct Purchase of One 2022 Ford F-350 Flatbed
Approve a Resolution allowing for the direct purchase of one 2022 Ford F-350 Flatbed and allowing a price not to exceed of $85,000.00 from any suitable vendor.
City of Salinas Printed on 6/8/2022Page 1 of 1
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: JUNE 14, 2022
DEPARTMENT: LIBRARY AND COMMUNITY SERVICES, RECREATION-PARK
DIVISION
FROM: DAVID JACOBS, PUBLIC WORKS DIRECTOR
BY: RONALD PATTERSON, FLEET MAINTENANCE MANAGER
TITLE: RATIFICATION TO RESOLUTION (22062) DIRECT PURCHASE OF ONE 2022 FORD F-350 FLATBED
RECOMMENDED MOTION:
It is recommended that City Council approve a Resolution authorizing the direct purchase of one Ford F-350 Flat Bed Dump at a cost not exceed $85,000.00.
RECOMMENDATION:
It is recommended that City Council approve a Resolution allowing the city to continue with a previously approved purchase with an increased limit of $85,000 to cover any cost increase that has occurred since March 1 6th of 2021 or purchase a suitable substitute due to lack of product availability.
DISCUSSION:
This report will explain the need to approve a Resolution providing additional authority beyond that granted for a previously approved purchase (Resolution No. 22062 N.C.S.).
BACKGROUND:
The Library and Community Services Department has been renewing the older fleet to meet their maintenance needs.
In March of 2021, the City Council approved a purchase of one 2022 F -350 Flatbed Dump from Salinas Valley Ford at a total cost of $56,452.83. Shortly after approval we had submitted our order to Ford. There have been numerous delays due to parts availability and supply chain issues.
The still is no indication as to when Ford will decide to build this vehicle or when the vehicle will be made available to complete the purchase . There even stands a chance that the order will be canceled.
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Public Works Fleet in conjunction with the Library and Community Services Department request that we try and continue with the purchase from Salinas Valley Ford as previously planned in Resolution No. 22062 N.C.S., understanding there will be a price increase , as well as have a n option to purchase a suitable like kind vehicle should we find one sooner. We also request a purchase limit cap increase to $85,000 dollars with the option to purchase from another dealer that may have a suitable vehicle. The reason for this price increa se is mainly due to product pricing increasing significantly.
CEQA CONSIDERATION:
Not a Project . The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
STRATEGIC PLAN INITIATIVE:
The requested Council action directly relates to Council’s Strategic Plans or Goals of Infrastructure and Environmental Sustainability . The purchase of the flatbed dump truck allows Library and Community Services to continue maintaining the City of Salinas parks and provide needed services at the Recreation Centers.
DEPARTMENTAL COORDINATION:
Fleet Maintenance in coor dination with the Library and Communit y Services Department had a meeting to discuss the needs of the new truck. We concluded that the truck in this report meets both the needs of the Library and Community Services Department as well as the requirements of the Fleet Maintenance Division. We also coordinated with the Finance Purchasing Division regarding this purchase.
FISCAL AND SUSTAINABILITY IMPACT:
Funds will come from 1000.55.6242 -66.5500 ($49,992.12) and 1100.55.6242 -66.5500 ($35,007.88) for a total $85,000.00
ATTACHMENTS:
Resolution
Previously Approved Resolution (22062)
RESOLUTION NO.____________(N.C.S.)
A RESOLUTION APPROVING THE DIRECT PURCHASE OF ONE 2022 FORD F-350 FLATBED DUMP
WHEREAS, the Library and Community Services Department needs a truck to continue maintenance operations; and
WHEREAS, Funds are available in 1000.55.6242-66.5500 and 1100.55.6242 -
66.5500 to complete the purchase; and
WHEREAS, the City Council previously approved Resolution No. 22062 N.C.S. to purchase a vehicle, however, due to supply chain issues the authorized vehicle is unavailable and there is no indication that it will be available in the near future; and WHEREAS, a truck that meets the Department’s needs is currently available at Salinas Valley Ford, however, at a higher price that was previously approved by the City Council; and
WHEREAS, the truck that is available may be purchased at the price of $85,000.00 dollars; and
WHEARAS, should Salinas Valley Ford not be able to prov ide the truck the Council is requested to provide authority to staff to identify a suitable replacement from another vendor and to purchase accordingly; and
NOW, THEREFORE, BE IT RESOLVED that, pursuant to Salinas Municipal Code section 12 -27, the Salinas City Council authorize an increasing in the purchasing price limit for the truck from Salinas Valley Ford to a total amount of $85,000.00 dollars; and
BE IT FURTHER RESOLVED that should the truck not be available from Salinas Valley Ford that staff be authorized to purchase a suitable replacement vehicle from another vendor within the maximum purchase price authorized in this Resolution.
PASSED AND APPROVED this 14th day of June, 2022 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Kimbley Craig, Mayor
ATTEST:
Patricia M. Barajas, City Clerk
RESOLUTION NO. 22062 (N.C.S.)
A RESOLUTION AUTHORIZING DIRECT PURCHASE OF NEW 2022 FORD F-350
FLATBED DUMP
WHEREAS, Funds are available in 1000.55.6242-66.5500 ($49,992.12) and 1100.55.6242-66.5500 ($6,460.71) for a total $56,452.83 to purchase a new dump truck; and
WHEREAS, this truck is needed to continue the maintenance operations of the Library and Community Services Department; and
WHEREAS, Staff chose a 2022 F-350 from Salinas Valley Ford at a cost of $56,452.83; and
WHEREAS, this purchase meets the requirements of the City’s local purchasing preference.
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the Purchasing Officer to purchase a new 2022 Ford F-350 Flatbed Dump truck from Salinas Valley Ford at a total cost of $56,452.83
PASSED AND APPROVED this 16th day of March 2021, by the following votes:
AYES: Councilmembers: Barrera, Cromeenes, González, McShane, Osornio, Rocha and Mayor Craig
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
______________________________
Kimbley Craig, Mayor
ATTEST:
_________________________________________
Patricia M. Barajas, City Clerk
DocuSign Envelope ID: 2073CF1C-FE8F-4301-9E3E-B490519133C9
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-320, Version: 1
Resolution of Intent to Sell 215 Lincoln Avenue
Approve a Resolution declaring the intention of the Council to sell the real property located at 215 Lincoln Avenue.
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: JUNE 14, 2022
DEPARTMENT: OFFICE OF THE CITY MANAGER
FROM: ANDREW MYRICK, SR ECONOMIC DEVELOPMENT MGR
TITLE: RESOLUTION OF INTENT TO SELL 215 LINCOLN AVENUE
RECOMMENDED MOTION:
A motion to approve the attached Resolution declaring the intention of the Council to sell the real property located at 215 Lincoln Avenue.
RECOMMENDATION:
Staff recommends that Council approve the attached Resolution.
BACKGROUND:
The City of Salinas is the owner of 215 Lincoln Avenue, also known as the Salinas Women’s Club Building (Assessor’s Parcel Number [APN] 002-244-002-000). The parcel is approximately 4,675 square feet, while the two-story building is approximately 5,854 square feet in size and effectively occupies the entirety of the parcel. The majority of the building is dominated by an auditorium and stage; the building also includes two smaller rooms, a kitchen, and several bathrooms, dressing rooms, and storage areas of various sizes. Construction of the building was originally completed in 1923. The building is in fair to poor condition – in 2013 total repairs were estimated to cost approximately $700,000, a number which is likely significantly higher now. Prior work on the property has identified the presence of asbestos and lead paint. It is unclear how compliant the building is with Americans with Disabilities Act (ADA) requirements. In 2018 the building was re-roofed and the exterior painted.
For many years after it was first constructed, the Salinas Women’s Club operated it as a clubhouse and civic gathering space. The property was later acquired by the Salinas Redevelopment Agency.
Upon dissolution of California’s Redevelopment Agencies in 2011, the Agencies were required to dispose of all properties owned by them. The property was transferred to the City of Salians for “continued governmental use. ” However, the California Department of Finance did not concur that the use of the building met the quali fications to be considered as “governmental use ,” and therefore required that the property be included in a Long -Range Property Management Plan (LRPMP) and be marked for disposal by the City.
Page | 2
The LRPMP places limitations on what the City may do with the property. As per the LRPMP, the “ultimate use of the property would be to preserve it and restore it, and re -establish it as a community and/or arts center.” The LRPMP further requires the Cit y to either lease or, failing that, sell the building, with “a priority to preserve the building and re-establish its civic value.” A copy of Pages 5-7 of the LRPMP, detailing the required treatment of the property, is attached to this Report.
Chapter 12 of the City Code requires that, unless an exception is met, any sale of property owned by the City must go through the process defined in City Code Section 12-11. This requires that the Council adopt a Resolution declaring that the property is no longe r necessary for municipal purposes and declaring the intention of the council to sell it. The Resolution must contain certain information defined by the Code, including the property location, minimum acceptable cash price, terms and conditions, and the time and place such proposals will be received. A notice must also be published in a newspaper of general circulation. The attached proposed Resolution includes terms and conditions for the potential sale of the property so that the City complies with the terms of the LRPMP.
Staff will review and evaluate proposals received and will work with those submitting proposals to identify specific terms for the sale or lease of the property. The evaluation will focus on the criteria identified in the LRPMP, as well as proposed compensation. Prior to the final approval of any sale of the property, the Salinas Oversight Board will need to approve the terms of the sale.
The Salinas Oversight Board is made up of representatives from the other “taxing entities” – the County of Monterey, school districts, and other special districts – which are entitled to a share of the proceeds of the sale of this property. While the exact amount that the City would receive has not yet been determined, it is likely to be approxima tely 12-18% of the total purchase price plus possible cost recovery for past expenditures , with the remainder to be divided among the other taxing entities. Approval of both the City Council and Oversight Board is necessary for any sale of the property.
With regards to the Surplus Lands Act, the City Council previously (October 27, 2020) declared the property Surplus Property and staff sent out a Notice of Availability to all entities required by the Surplus Lands Act. No Letters of Interest to acquire the property for affordable housing were received; therefore, the City is allowed to dispose of the property as it deems appropriate.
CEQA CONSIDERATION:
The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA appli es only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activi ty is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or foreseeable indirect physical change Page | 3
on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
STRATEGIC PLAN INITIATIVE:
This item does not directly address any of the Council’s Goals – however, the action could result in finding a new owner or tenant for the building that would establish a new use consistent with one or more the Council’s Goals, depending on the particular use proposed.
DEPARTMENTAL COORDINATION:
The Economic Development Division has consulted with the Community Development and Legal Departments in the creation of this item.
FISCAL AND SUSTAINABILITY IMPACT:
Given the condition of the building, it is unlikely that any revenues gained from the lease or sale of the property would be significant. Further, any sale would need to be divided among the taxing authorities. Therefore, although any financial impact from the lease or sale of the property would likely be positive, it is unlikely that it would be significant.
ATTACHMENTS:
Proposed RESOLUTION
Salinas LRPMP Pages 5-7
Page | 1
RESOLUTION NO. (N.C.S.)
A RESOLUTION DECARING THE INTENTION OF THE COUNCIL TO SELL THE REAL PROPERTY LOCATED AT 215 LINCOLN AVENUE
WHEREAS, the historic Women’s Club building is located at 215 Lincoln Avenue , Salinas, California, in the County of Monterey (Assessor’s Parcel Number [APN] 002 -244-002- 000) (the “Property”); and
WHEREAS, the Property was acquired by the Salinas Redevelopment Agency, which was dissolved by the State of California pursuant to AB 26 and AB 27; and
WHEREAS, on February 7 , 2014, the California Department of Finance directed the Salinas Successor Agency to include the Property in its Long -Range Property Management Plan (LRPMP) and to designate the Property for disposal; and
WHEREAS, the LRPMP was approved by the Salinas Successor Agency via Resolution No. 27 on October 21, 2014 and was further approved by the Salinas Oversight Board via Resolution 2014-39 on October 22, 2014; and
WHEREAS, the City of Salinas currently holds fee title to the Property on behalf of the Salinas Successor Agency and Salinas Oversight Board, subject to the requirements of the LRPMP; and
WHEREAS, the LRPMP indicates that the Property is to be leased to a tenant that will “preserve it and restore it, and re-establish it as a community center and/or arts center”; and
WHEREAS, the LRPMP indicates that if the City does not identify a tenant, the City may solicit interest for the sale of the Property, subject to the terms of the LRPMP; and
WHEREAS, on October 27, 2020, the Salinas City Council adopted Resolution No. 21987 declaring the Property to be Surplus Land pursuant to the Surplus Lands Act (Government Code 54220 et. seq.); and
WHEREAS, the City of Salinas sent out Notices of Availability for the Property on November 2, 2020, but having received no Letters of Interest for use of the Property for affordable housing may now make the Property generally available for purchase; and
WHEREAS, City Code Section 12 -11 includes the procedures for disposing of City - owned real property.
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby directs staff to initiate the process specified in Section 12-11, subject to the following direction:
1) The Property shall be defined as APN 002-244-002-000. 2) No minimum cash price is defined; however, any accepted offer must be approved by Page | 2
the Salinas Oversight Board and the Salinas City Council. 3) Responses shall comply with the following terms and conditions:
a. Responses shall be provided both electronically and via hard copy. b. Responses shall include the following:
i. The name of the person(s) or organization desiring to acquire the property.
ii. A bid for the purchase price of the property.
iii. The proposed use of the Property, including a description of any community benefits from the proposed use;
iv. A Capital Improvement Plan detailing construction timeline and budget for work to be performed on the facility;
v. An Operational Plan showing the ability to operate the facility following acquisition; and
vi. Financial Documents necessary to demonstrate the ability to purchase, improve, and operate the Property.
c. The highest priority will be given to responses that propose to reestablish the property as a community and/or arts center, preserve the historic nature of the Property, and/or are consistent with the Downtown Vibrancy Plan, d. Responses that propose a lease in lieu of purchase will be considered provided that the lease term is a minimum of ten years.
e. Staff shall have the authority to negotiate modifications to the terms of any responses received.
f. City staff sha ll make documentation relevant to property, including any title documents, appraisals, inspections, estimates, or other information staff deems pertinent available to view on the City’s website.
4) Responses shall be turned in to the City Clerk’s Office no later than 4:00 pm on July 8, 2022. Responses shall be provided in a sealed envelope. Staff shall open and review these responses and may contact respondents to obtain additional information or to negotiate more specific terms. Responses may be modified by respondents subsequent to their submittal, but no additional responses will be considered. 5) The City Clerk shall cause to be placed a Notice of Adoption of this Resolution in a newspaper of general circulation within the city no later than July 1, 2022.
PASSED AND APPROVED this 14th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Page | 3
_______________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-323, Version: 1
Direct Purchase of FARO Laser Scanner and Associated Equipment Approve a Resolution authorizing the direct purchase of the FARO 3D Laser Scanner with associated equipment, computer, and software for a total cost not to exceed $70,004.90.
City of Salinas Printed on 6/8/2022Page 1 of 1
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: JUNE 14, 2022
DEPARTMENT: SALINAS POLICE DEPARTMENT
FROM: ROBERTO FILICE, CHIEF OF POLICE
BY: TONYA ERICKSON, MANAGEMENT ANALYST
TITLE: PURCHASE OF FARO LASER SCANNER AND ASSOCIATED
EQUIPMENT
RECOMMENDED MOTION:
A motion to approve a Resolution authorizing the direct purchase of a FARO 3D Laser Scanner and associated equipment, computer, and software for a total cost not to exceed $70,004.90.
RECOMMENDATION:
Staff recommends that City Council approve the direct purchase of the FARO 3D Laser Scanner and associated equipment, computer, and software for a total cost not to exceed $70,004.90.
EXECUTIVE SUMMARY:
The Salinas Pol ice Department is requesting the purchase of a replacement FARO 3D Laser Scanner for the Crime Scene Investigation (CSI) Unit. This equipment is used to diagram the scene to accurately document the locations of key features and the distal relationship between these features and items of evidence at major crime scenes. The department is requesting the purchase of the scanner, associated equipment, and a computer.
BACKGROUND:
The Salinas Police Department Crime Scene Investigation (CSI) Unit needs to replace the current 3D laser scanner used for documenting crime scenes. T he CSI Unit is tasked with processing crime scenes and gathering evidence for presentation in court. One of the more significant responsibilities at major crime scenes is diagramming the scene to accurately document the locations of key features and the distal relationship between these features and items of evidence.
This process is essential for accurate reconstructions of crime scenes and the prosecution of these cases. This process has traditionally been done by hand and is very time consuming and subject to human error.
Page | 2
In 2015 the CSI Unit began to conduct research into using the F ARO scanner to assist with this process. The acquisition of a scanner in early 2016 led to a significant reduction in time spent diagramming and increased the ability of the team to rapidly process crime scenes. This greatly reduced the amount of “down time” where officers had to wait for the diagramming to be completed before they could begin the actual physical process of collecting items for booking or further processing at the lab. This increased efficiency reduced the time spent by CSI personnel as well as on-duty time spent at a scene by patrol officers.
The current FARO scanner has reached the end of its service life. In 2021 FARO stopped producing parts for the X330 scanner. The company has advised the Salinas Police Department that they only have limited parts availability should maintenance be required. Additionally, FARO will cease all product support for this model in 2023. This makes it imperative that we secure a new Faro scanner as soon as possible.
We have contacted FARO and received a quote for a new scanner, accessories, computer and the training for up to four (4) new operators. The quote includes a trade in of the old system for credit which will be applied to the purchase. The new system will allow us to utilize the 3 D software package which was previously purchased for use with the existing system. The new system further reduces the time required for each scan to under 30 seconds per scan. The enhanced capabilities include greater accuracy and the ability to link large crime scenes together by scanning from multiple locations. The new system will also have the capability to work with drone technology to tie photographs and video to the diagram produced by the scanner. This increase in capabilities represents a drastic improvement in technology. It will allow the operator to receive near real time information abou t the crime scene by linking the scanner to officer’s department issued cell phones. This ability to link investigators to information will increase efficiency and greatly assist with the prosecution of cases.
The department is requesting approval for the direct purchase of the equipment identified below.
We are also requesting approval of a 10% contingency as market conditions have led to unexpected price increases and instances of vendors not being able to honor previously quoted prices.
Vendor Item Cost
FARO Technologies FARO 3D Laser Scanner with equipment and software 58,320.82 To Be Determined VR Ready Notebook 5,320.00
Subtotal 63,640.82
10% Contingency 6,364.08
Not to Exceed Total 70,004.90
FARO is the established standard equipment for laser scanning of crime scenes and is used by most Federal law enforcement agencies. As previously indicated, b y remaining with the FARO platform, we can trade in our existing equipment for a credit, while also using software previously purchased. There are no local vendors for the scanner and directly associated equipment, and we will be purchasing directly from the manufacturer, FARO Technologies. The FARO quote includes an optional cost for a VR Ready Notebook Computer, and the Department intends to continue price comparisons on this item thus reserves the right to purchase the computer from Page | 3
either FARO or another vendor as long as the total amount identified above is not exceeded. The City Council has the authority to approve th is direct purchase under Salinas Municipal code Section12-27 and without application of the local purchasing preference pursuant to Salinas Municipal Code Section 12-28.080.
During FY 2020-21, a Capital Improvement Project (CIP) account for CSI Equipment was created for the purpose of building funds to cover significant, and often unexpected, costs related to the replacement and upgrade of CSI Equipment. That CIP has a curren t balance of $41,000 which will be utilized for this purchase. The Police Department has funds appropriated and available within the Police Department’s Patrol Division and Technological Services Division budgets to cover the remainder of the costs.
POLICE COMMUNITY ADVISORY COMMITTEE:
The Police Chief discussed this purchase with members of the Police Community Advisory Committee during their meeting on April 27, 2022. The Committee did not provide any comments or concerns in response to this proposed purchase.
CEQA CONSIDERATION:
Not a Project . The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
STRATEGIC PLAN INITIATIVE:
Approving the purchase will support the City Council’s Strategic Plan Goal of Public Safety and Effective and Culturally Responsive Government.
DEPARTMENTAL COORDINATION:
The Police Department will coordinate with the Finance Depar tment, including Information Technology, during the purchasing process.
FISCAL AND SUSTAINABILITY IMPACT:
No additional funds are requested to support this purchase. Funds are appropriated and available within the Police Department’s Patrol Division and Technological Services Division budgets, accounts 1000.40.4220, 1100.40.4220, 1200.40.4220, and 1000.40.4131.
ATTACHMENTS:
Resolution
Quote – FARO Technologies
1 RESOLUTION NO. (N.C.S.)
RESOLUTION AUTHORIZING THE DIRECT PURCHASE OF
THE FARO LASER SCANNER AND ASSOCIATED EQUIPMENT
WHEREAS, the Salinas Police Department Crime Scene Investigation (CSI) Unit needs to replace the current 3D laser scanner used for documenting crime scenes; and
WHEREAS, the Salinas Police Department wishes to replace this equipment with another FARO Laser Scanner and has received a quote from FARO Technologies for the Laser Scanner and associated equipment, as well as a VR Ready Notebook; and
WHEREAS, the department is requesting an additional 10% contingency, given current market conditions which have led to unexpected price increases and instances of vendors not honoring quoted prices; and
WHEREAS, there are no local vendors available and the department will be purchasing the laser scanner and associated equipment directly from the manufacturer, FARO Technologies, and purchasing the computer from either FARO Technologies or an alternate vendor if a bett er cost can be achieved; and
WHEREAS, the City Council can approve this purchase pursuant to Salinas Municipal Code Section 12 -27 ( exception to low -bid based competition ) in contracting for equipment, materials, supplies and services and pursuant to Salin as Municipal Code 12-28 (local purchasing preference).
NOW, THEREFORE, BE IT RESOLVED the Salinas City Council authorizes the direct purchase of the FARO Laser Scanner and associated equipment from FARO Technologies, and the purchase of a computer capable working with this equipment from FARO Technologies or any alternate equipment vendor, for total costs not to exceed $70,004.90.
PASSED AND APPROVED this 14th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________________
Kimbley Craig, Mayor
2 ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Bill To :
City of Salinas
312 E Alisal St
Salinas CA 93901-4371
US
Ship To :
City of Salinas
Raul Rosales
312 E Alisal St
Salinas CA 93901-4371
US
Quotation No: 20457612
Quote Date: 04/26/2022
Expiration Date: 05/26/2022
Regional Manager:
Account Manager: Christopher Taylor
Sales Support: Cynthia Clarke
Ship: Standard/Ground
Payment Terms: Net due in 30 days
with approved credit
Delivery Terms: EXW Origin
Delivery Date: 4-6 Weeks
Tracker Lead
Time:
10-12 Weeks
PO Number:
Page: 1
Trade in for x330 - LLS071508517
Qty Item No. Description Unit Price Discount Ext. Price 1 LS9-HU FARO Focus Premium USA 39,490.00 5,000.000 34,490.00 Laser Scanner Focus Premium
ships with: 1x Focus Premium
scanner head, 1x Status Indicator,
1x Quick Release, 1x Power Block
Battery, 1x Battery Power Dock ,
1x Power Supply, 1x 64GB
High-Speed SD Card and reader,
1x rugged transport case, 1x
calibration certificate, 1x quick
start guide, manufacturer warranty
1 FW-SCN-0010 Focus Premium Range Extension
150m, POS
10,950.00 547.500 10,402.50
Focus Premium Range Extension
150m, Point of Sale
1 ACCS-PWR-0014 3D_AC_LS_FocusS Battery
Power Block
580.00 29.000 551.00
Power Block battery for Focus
laser scanner and Freestyle.
PURCHASE AGREEMENT AND CONDITIONS OF SALE Customer will pay any federal, state and local taxes. All conditions of sale, service and warranty as described in FARO standard purchase conditions currently on file with FARO are made as part of this Quotation and are incorporated herein by reference (02FRM522). DR12 PLEASE REFERENCE FARO QUOTE NUMBER ON ALL DOCUMENTS. BY REFERENCING FARO QUOTE, CUSTOMER AGREES TO SAID TERMS AND CONDITIONS AS LISTED ON FARO QUOTATION.
FARO Technologies, Inc.
250 Technology Park
Lake Mary FL 32746-7115
Phone No: (407)333-9911X1205
Fax No:
Email: [email protected]
Remit to:
FARO Technologies, Inc.
P.O. Box 116908
Atlanta, GA 30368-6908
Page: 2
Quote no. 20457612
Qty Item No. Description Unit Price Discount Ext. Price 1 ACCSS8032 3D_AC_LS_Standard Carbon
Fiber Tripod
1,140.00 57.000 1,083.00
Carbon fiber tripod, super
lightweight, highly stable,
low-vibration, customized for
Focus scanners for perfect
performance and increased
durability.
1 SV2-SCN-Y3 FOCUS Premium Complete
Care-Year 3
5,270.00 263.500 5,006.50
Complete care coverage for Focus
Premium scanners. Includes parts
and labor for repairs and annual
cleaning and calibration. Covers
through year 3 from point of sale.
1 ACCSS8063 3D_AC_SP_HIGHRES_PANOCA
M
1,400.00 70.000 1,330.00
High resolution panorama camera
for FARO® ScanPlan, records
360° images in high resolution and
high quality, still image resolution
6720 x 3360
1 ACCS-0016 Panocam Mount 500.00 25.000 475.00
High Speed Color Add-On mount
to connect a high-resolution
panoramic camera with the
accessory bay of a FARO Focus
laser. Panoramic camera not
included.
1 TR-FZ3-COR FZ Core 0.00 0.000 0.00
Two consecutive day, consisting of
four-hour virtual classroom
training. The FARO Zone 3D Core
training is specifically designed to
assist new users.
Page: 3
Quote no. 20457612
Qty Item No. Description Unit Price Discount Ext. Price 1 TR-SCN-POS Laser Scanner Tr. - FARO Fac. -
Inc
0.00 0.000 0.00
"Available only at point of FARO
system sale. Includes training for 2
Trainees. #Three day course at a
training facility provided by FARO
that discusses FARO Laser
Scanner with FARO Software,
setup, and basic measurements.
Classroom trainings are scheduled
on a first come, first served basis.
Classes can be cancelled within
two weeks of the scheduled date if
sufficient enrollment is not met.
Training days must be taken
together on consecutive days, and
cannot be split into individual
days."
1 TR-SCN-POS-O Laser Scanner Tr. - Upg to OnSite 5,203.00 260.150 4,942.85 Available only at point of FARO
system sale. Customer Site
Upgrade - three day course that
discusses FARO Scanner with
FARO Software, setup, and basic
measurements. Customer Site
Trainings are designed for up to 4
people to ensure proper transfer of
knowledge and understanding.
Price per class. Training days
must be taken together on
consecutive days, and cannot be
split into individual days.
----------------------------------------------------
Order Total: 64,533.00
Discount Amount: -6,252.15
Freight, packaging and
handling Total:
39.97 ---------------------------------------------------- Total in USD: 58,320.82
Page: 4
Quote no. 20457612
Suggested Optional Items
Qty Item No. Description Unit Price Discount Unit Price 1 COMP0123X64 VR Ready Notebook 5,320.00 0.00 5,320.00
High-end notebook computer.
Contact your FARO representative
for current specifications.
**Note: Taxes on this quote are budgetary estimates and are not binding. Taxes charged will be based on applicable tax rates assessed at the time of final invoice.
Signature:______________________________ Print:______________________________ Title:_______________ Date:_________ Accounts Payable Name:________________________________________ Email:________________________________________ Can we send your future invoice(s) to the email address provided (__) No (__) Yes Do you require a PO to process this order (__) No (__) Yes - PO #:_________________________________________ Signature:______________________________ Print:______________________________ Title:_______________ Date:_________ *Any order over $150,000 will need a secondary signature to process your order.
Page: 5
Quote no. 20457612
Additional Information
COVID-19
FARO does not assume any risk for (i) late deliveries of goods, (ii) customers' inability or impracticability to receive or use our devices or software, and for (iii) delivery disruptions, that are due to the COVID-19 pandemic and ensuing government measures (shut downs, lock-downs, quarantines).
PURCHASE AGREEMENT AND CONDITIONS OF SALE:As a condition of this agreement, the applicable contract terms are FARO's Standard Terms and Conditions of Sale, or, if the Parties have entered into current master sales terms, such negotiated master terms.
The FARO Standard Terms and Conditions can be found at the following Web link (if such is not an active link, please copy and paste the Web address into a Web browser):
https://www.faro.com/en/Terms
The following article contains all our calibration information under their respective product headings https://knowledge.faro.com/Essentials/Hardware/Compensation_Calibration_and_Certification_Standards_for_FARO_Devices
TRADE-IN CREDIT
Trade-in credit line item is contingent upon receipt of used equipment being returned to FARO Technologies within 45 days of receipt of new equipment.
If equipment is not received within this period of time, customer agrees to pay the credited amount within 15 days of receipt of invoice.
FARO RMA number will be provided to you by your inside sales supportspecialist and must be affixed to the outside of the case.
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-324, Version: 1
Direct Purchase of Unmanned Aerial Vehicles and Associated Equipment Approve a Resolution authorizing the direct purchase of four unmanned aerial vehicles and associated equipment for a total cost not to exceed $86,642.91.
City of Salinas Printed on 6/8/2022Page 1 of 1
powered by Legistar™
Page | 1
CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: JUNE 14, 2022
DEPARTMENT: SALINAS POLICE DEPARTMENT
FROM: ROBERTO FILICE, CHIEF OF POLICE
BY: TONYA ERICKSON, MANAGEMENT ANALYST
TITLE: DONATION AND DIRECT PURCHASE OF UNMANNED AERIAL
VEHICLES AND ASSOCIATED EQUIPMENT
RECOMMENDED MOTION:
A motion to approve a Resolution accepting the donation of a Lemur S Unmanned Aerial Vehicle (UAV) from BRINC Drones and authorizing the direct purchase of four UAVs and associated equipment for a total cost not to exceed $86,642.91.
RECOMMENDATION:
Staff recommends that City Council approve the acceptance of a donated Lemur S Unmanned Aerial Vehicle (UAV) from BRINC Drones and authorize the direct purchase of four UAVs and associated equipment to support the Salinas Police Department’s Aerial Support Unit. Equipment will be purchased from Unmanned Vehicle Technologies (UVT) with a t otal cost not to exceed $86,642.91.
EXECUTIVE SUMMARY:
The Salinas Police Aerial Support (SPAS) Unit has limited equipment with thermal imaging capabilities and wishes to purchase additional Unmanned Aerial Vehicles (UAVs) with this technology to ensure mission readiness to support major fire incidents such as occurred on April 13, 2022 at the Taylor Farms facility. Assembly Bill 481, codified in Government Code sections 7070 through 7075, requires a law enforcement agency (LEA) to obtain approval from the applicable governing body prior to the funding, acquisition, or use of “Military Equipment” as defined by the Bill. As unmanned, remotely piloted, powered aerial vehicles such as those being requested are defined as “Military Equipment” per AB 481, we are seeking City Council approval prior to purchasing these items. SPAS is also seeking approval to accept the donation of a new Lemur S UAV from BRINC Drones.
Page | 2
BACKGROUND:
The Salinas Police Aerial Support (SPAS) Unit was established in December 2020 and utilizes Unmanned Aerial Vehicles (UAVs) to improve the quality of life of the residents of Salinas in a fast, cost effective and efficient manner. To meet this goal, UAVs are utilized in multiple ways to include search and rescue operations (missing persons), suspect identification and apprehen sion, assisting the Salinas Fire Department utilizing thermal imaging, as well as crime and accident scene reconstruction. By using UAVs the city is able to achieve most of the benefits of having a police helicopter without the expense. The unit currentl y has eight officers assigned to it as a collateral assignment and they are overseen by a sergeant and commander. All SPAS pilots are licensed by the Federal Aviation Administration (FAA) and s ince December 2020, SPAS has flown over 150 missions, assisted in more than 30 arrests, and has assisted the Salinas Fire Department with multiple incidents. In April 2022, SPAS provided critical support to the Salinas Fire Department during the fire at the Taylor Farms facility. Salinas Police Department ha s only one heavy-duty UAV with appropriate thermal imaging capabilities capable of supporting major fires. During the Taylor Farms incident, the pilots had to be due to concern about damage to the UAV during the mission. Had the Police Department’s UA V been compromised during the fire, the City would have lost thermal imaging footage during the incident.
SPAS utilizes various UAVs which vary in size from just over one foot in length and weighing less than a pound , to nearly four feet in length and we ighing over fifteen pounds. No matter the size of UAV used there is support equipment which must be deployed such as multiple battery packs and charging stations, power inverters, and backup UAV’s to be used if the primary UAV is not flight worthy. One of the early purchases was the Lemur UAV from BRINC Drones and we own serial number 70 of this model. The Lemur UAV has a true infrared camera and thus can be used without lights of any kind and is designed for indoor searches, but the current Lemur UAV utilizes 2G technology which is no longer functional. Given our early adoption of this UAV, BRINC Drones is donating an upgraded Lemur S model with 4G technology with a retail value of $17,000. BRINC is also donating a new accessory kit as there have been significant safety enhancements. We will be required to return the original accessory kit in exchange for the upgraded version, but they are allowing us to keep the original Lemur UAV. The newly donated Lemur S unit will become the primary equipment used and t he original Lemur UAV will be maintained as a training unit. Having this additional training unit will be very helpful as the Lemur is a different platform from our other UAVs and thus requires specialized training. The department is requesting authorization from City Council to accept this donation.
The department is requesting to purchase four additional UAVs and associated equipment to expand the available equipment with thermal imaging capabilities, and to ensure the equipment is more readily available in the field. We are requesting to purchase one additional DJI Matrice 300 RTK which is the same as was used during the Taylor Farms fire as this will allow us to have a back-up should our primary un it fail. We are also requesting to purchase two DJI Matrice 30T units which have similar, though reduced, capabilities at a lower cost and thus can be deployed with routine patrol operations to ensure quick access to thermal imaging equipment. Finally, we are requesting the purchase on one Autel Robotics EVO II unit which has a different configuration and a higher quality camera which will allow the department to have an alternate UAV allowing the department to choose the most appropriate UAV for the specific mission.
Page | 3
Assembly Bill 481 – Military Equipment Funding, Acquisition, and Use, requires the Salinas Police Department to obtain approval from the Salinas City Council prior to the funding, acquisition, or use of “Military Equipment” as defined by the Bill. The UAVs within this request meet the criteria of Category 1: Unmanned, remotely piloted, powered aerial or ground vehicles, and thus City Council approved is required prior to acquisition. More information about AB 481, including Salinas Polic e Department’s policy and equipment inventory are available at www.salinaspd.org/assembly-bill-481. Salinas Police Department Policy 709 Addendum A provides the applicable equipment inventory, i ncluding the purpose of equipment, cost, lifespan, and authorized use.
There are no local vendors that sell these specialized UAVs, and t he SPAS Sergeant has extensively researched vendors before selecting Unmanned Vehicle Technologies (UVT) for purchasing. UVT is dedicated to selling UAVs and has been consistently found to have competitive prices, adequate inventory, and exceptional customer service. The attached quote for the four UAVs and associated equipment totals $86,642.91. Given the absence of local vendors, as well as the information provided, the C ity Council has the authority to approve this direct purchase under Salinas Municipal code Section12 -27 and without application of the local purchasing preference pursuant to Salinas Municipal Code Section 12-28.080.
Police Community Advisory Committee
The Police Chief identified the potential purchase in his Chief’s Report to the Police Community Advisory Committee on April 27, 2022. The Committee asked questions regarding the number of UAVs and pilots, the capabilities of the existing equipment, as well as privacy considerations. The Police Chief answered all questions, explaining that his goal is to expand the UAV equipment to ensure the equipment is readily available during patrol operations and ensure we had a variety of UAVs that could address specific mission needs. The Police Chief also let the Committee Members know that privacy issues are addressed in law and department policy, and that UAVs are only utilized at locations and during situations in which the Police Department has legal authority to do so. The donation was not discussed during the meeting as we were unaware of it at that time.
We will share information about the donation at the June 22, 2022 PCAC Meeting.
CEQA CONSIDERATION:
Not a Project . The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
STRATEGIC PLAN INITIATIVE:
Approving the proposed resolution will support the City Council’s Strategic Plan Goal of Public Safety.
DEPARTMENTAL COORDINATION:
The Police Service will coordinate with the Finance Department during the purchasing process.
Page | 4
FISCAL AND SUSTAINABILITY IMPACT:
No new funds are requested to support this purchase. Funds are appropriated and available within the Police Department’s Patrol Division budget, accounts 1000.40.4220, 1100.40.4220 and 1200.40.4220.
ATTACHMENTS:
Resolution
Quote – Unmanned Vehicle Technologies
1 RESOLUTION NO. (N.C.S.)
RESOLUTION AUTHORIZING THE DONATION ACCEPTANCE AND DIRECT
PURCHASE OF UNMANNED AERIAL VEHICLES AND ASSOCIATED EQUIPMENT
WHEREAS, the Salinas Police Department wishes to obtain a BRINC Lemur S Unmanned Aerial Vehicle (UAV) and BRINC Drones is donating this equipment, valued at $17,000, to the Salinas Police Department at no cost to the City; and
WHEREAS, the Salinas Police Department wishes to purchase four additional UAVs and associated equipment to expand availability of equipment with thermal imaging capabilities to police officers in the Patrol Division; and
WHEREAS, there are no local vendors available for this specialized police equipment and Unmanned Vehicle Technologies (UVT) has provided a quote totaling $ 86,642.91 for the requested UAVs and associated equipment; and
WHEREAS, the City Council can approve this purchase pursuant to Salinas Municipal Code Section 12 -27 (exception to low -bid based competition) in contracting for equipment, materials, supplies and services and pursuant to Salinas Municipal Code 12 -28 (local purchasing preference).
NOW, THEREFORE, BE IT RESOLVED the Salinas City Council accepts the donation of a Lemur S UAV with associated accessories from BRINC Drones and authorizes the execution of all necessary donation acceptance documents.
BE IT FURTHER RESOLVED the Salinas City Council authorizes the direct purchase of four unmanned aerial vehicles with associated accessories from Unmanned Vehicle Technologies (UVT) for a total cost not to exceed $86,642.91.
PASSED AND APPROVED this 14th day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________________
Kimbley Craig, Mayor
2 ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Quotation #
Quotation #
SO205057
SO205057
DESCRIPTION
DESCRIPTION
QUANTITY
QUANTITY
UNIT PRICE
UNIT PRICE
DISC.%
DISC.%
TAXES
TAXES
AMOUNT
AMOUNT
UVT M30T QuickTac Bundle w/Care Enterprise Basic
UVT M30T QuickTac Bundle w/Care Enterprise Basic
[101-138-1010] DJI Matrice 30T Combo w/Care
Enterprise Basic
INCLUDES:
DJI M30 x1
DJI RC Plus x1
DJI BS30 Charging Station x1
DJI TB30 Flight Battery x2
DJI 1671 Propeller Pairs x3
DJI M30 Series Hard Carrying Case x1
DJI Care Enterprise Basic 1-Year Plan x1
2.000
Units
13,999.00
0.00 Sales Tax
$
27,998.00
Invoicing Address: Invoicing Address:
Salinas Police Department
312 E Alisal Street
Salinas CA 93901
United States
Shipping Address:
Shipping Address:
Salinas Police Department, Stephen Sparks
312 E Alisal Street
Salinas CA 93901
United States
+1 831-758-7090
Salinas Police Department, Stephen Sparks
312 E Alisal Street
Salinas CA 93901
United States
Quotation Date:
Quotation Date:
04/18/2022
Expiration:
Expiration:
07/17/2022
Salesperson:
Salesperson:
Jarret Rhyner
Unmanned Vehicle Technologies Unmanned Vehicle Technologies Tel:
+1 844-595-8010
[email protected]
https://www.uvt.us
1722 N College Avenue
Suite D
Fayetteville AR 72703
United States
THANK YOU FOR THANK YOU FOR
CHOOSING UVT!
CHOOSING UVT!
1 1
[101-138-1207] DJI Matrice 30 Series TB30 Intelligent
Flight Battery
Explicitly designed to power the Matrice 30 Series drone, the DJI TB30 Intelligent Flight Battery is a 6-cell (6S) Ternary Lithium battery with a maximum capacity of
5880 mAh and a maximum voltage of 26.1 V. With its
self-heating ability, the TB30 can perform even in
extreme cold. The TB30 battery can only be charged
using the DJI BS30 Intelligent Battery Station.
12.000
Units
329.00
0.00 Sales Tax
$
3,948.00
[146-101-1001] CZI LP12 Speaker & Spotlight
The LP12 Speaker & Spotlight attachment combines
both a light source and aerial broadcast system into one single attachment built specifically for the DJI M30
Series. This attachment requires the DJI PSDK Mounting
Bracket (sold separately).
2.000
Units
1,885.00
0.00 Sales Tax
$
3,770.00
[101-115-1001] DJI WB37 Intelligent Battery
The WB37 Intelligent Battery is a 2-cell (2S) LiPo battery with a maximum capacity of 4920 mAh and a maximum
voltage of 7.6 V. The DJI WB37 Intelligent Battery is
compatible with the DJI RC Plus remote controller and
serves as its external battery, allowing for longer
runtimes and hot-swap capabilities.
4.000
Units
59.00 0.00
Sales Tax
$
236.00
Subtotal
Subtotal
$
35,952.00
Autel Products
Autel Products
Unmanned Vehicle Technologies Unmanned Vehicle Technologies Tel:
+1 844-595-8010
[email protected]
https://www.uvt.us
1722 N College Avenue
Suite D
Fayetteville AR 72703
United States
THANK YOU FOR THANK YOU FOR
CHOOSING UVT!
CHOOSING UVT!
2 2
[102-103-1013] Autel Robotics EVO II Dual R Enterprise
Bundle
The latest addition to the Autel EVO II Series is the Autel EVO II Dual R Enterprise, an all-new commercial aircraft with a Teledyne FLIR Boson 640x512 radiometric
thermal sensor and an 8K visual camera capable of
capturing still images up to 48 MP. The FLIR Boson
640x512 radiometric thermal sensor is built with a
13mm lens and is equipped with 8x digital zoom.
Alongside the thermal sensor is an 8K visual camera with a 1/2" CMOS sensor capable of capturing massive 48
MP images with a 4x lossless zoom and up to a total 16x digital zoom. The thermal images captured with this
Teledyne FLIR Boson 640x512 radiometric thermal
camera are compatible with FLIR Tools, the industry-
standard in analyzing radiometric thermal imagery.
Available in three different payload configurations, the Autel EVO II Enterprise builds on the powerful EVO II
airframe by adding a top-mounted expansion port
compatible with the included EVO II Beacon, EVO II
Speaker, and EVO II Spotlight, as well as the EVO II RTK Module, which is available separately. In addition to the expansion port, the EVO II Enterprise is built with carbon fiber arms and larger motors. When paired with its larger propellers, these three improvements yield an additional 5-7 minutes of flight time over the standard EVO II
models. The EVO II Enterprise is designed to be rugged, reliable, and safe, and to that end, Autel has added an ADS-B receiver, ensuring the operator is always aware of manned aircraft operations in the area in real-time.
Taking security to the next level, Autel DataSecure
Encryption ensures your data remains only yours via
AES-256 encryption. Also included with the EVO II
Enterprise Bundle is the Autel Smart Controller, a remote controller with a built-in 2000-nit, 7.9" touchscreen
Android tablet.
1.000
Units
12,300.00
0.00 Sales Tax
$
12,300.00
Unmanned Vehicle Technologies Unmanned Vehicle Technologies Tel:
+1 844-595-8010
[email protected]
https://www.uvt.us
1722 N College Avenue
Suite D
Fayetteville AR 72703
United States
THANK YOU FOR THANK YOU FOR
CHOOSING UVT!
CHOOSING UVT!
3 3
[102-102-1020] Autel Robotics EVO II Battery
This EVO II battery is a 3-cell (3S) LiPo battery with a maximum capacity of 7100 mAh and a maximum
voltage of 13.2 V. This battery is compatible with all EVO II models.
3.000
Units
219.00
0.00 Sales Tax
$
657.00
Subtotal
Subtotal
$
12,957.00
Matrice 300 RTK
Matrice 300 RTK
[101-129-1001] DJI Matrice 300 RTK w/Care Enterprise
Basic
The Matrice 300 RTK is DJI's latest and most powerful
commercial drone platform. Offering up to 45 minutes of usable flight time, advanced artificial intelligence
capabilities, 6-direction sensing and positioning and
more, the M300 RTK sets a whole new standard for
commercial drones by combining intelligence with high-
performance and unrivaled reliability.
1.000
Units
10,599.00
0.00 Sales Tax
$
10,599.00
[101-129-1016] DJI Matrice 300 BS60 Intelligent Battery Station
The BS60 Battery Charging Station from DJI is designed
around the Matrice 300 TB60 flight battery and the WB37 intelligent battery that powers the M300's Smart
Controller Enterprise, as well as a number of other DJI products. The BS60 will charge one set of TB60s and
one WB37 simultaneously and it is capable of managing,
monitoring and updating a total of eight TB60 batteries at one time.
It is not recommended to store or transport batteries in the BS60.
1.000
Units
1,200.00
0.00 Sales Tax
$
1,200.00
Unmanned Vehicle Technologies Unmanned Vehicle Technologies Tel:
+1 844-595-8010
[email protected]
https://www.uvt.us
1722 N College Avenue
Suite D
Fayetteville AR 72703
United States
THANK YOU FOR THANK YOU FOR
CHOOSING UVT!
CHOOSING UVT!
4 4
[101-129-1019] DJI Matrice 300 TB60 Intelligent Flight
Battery
Explicitly designed to power the DJI Matrice 300 RTK, the TB60 Intelligent Flight Battery is a 12-cell (12S) LiPo battery with a maximum capacity of 5935 mAh and a
maximum voltage of 52.8 V. With its self-heating ability, the TB60 can perform even in extreme cold. The TB60
battery can only be charged using the DJI BS60 Battery
Charging Station.
2.000
Units
700.00
0.00 Sales Tax
$
1,400.00
Subtotal
Subtotal
$
13,199.00
Payloads
Payloads
[101-107-1166] DJI Zenmuse H20N w/Care Enterprise
Basic
1.000
Units
12,999.00
0.00 Sales Tax
$
12,999.00
Subtotal
Subtotal
$
12,999.00
Additional Items
Additional Items
[101-129-1019] DJI Matrice 300 TB60 Intelligent Flight
Battery
Explicitly designed to power the DJI Matrice 300 RTK, the TB60 Intelligent Flight Battery is a 12-cell (12S) LiPo battery with a maximum capacity of 5935 mAh and a
maximum voltage of 52.8 V. With its self-heating ability, the TB60 can perform even in extreme cold. The TB60
battery can only be charged using the DJI BS60 Battery
Charging Station.
6.000
Units
700.00
0.00 Sales Tax
$
4,200.00
Subtotal
Subtotal
$
4,200.00
UVT ProLine Services
UVT ProLine Services
Unmanned Vehicle Technologies Unmanned Vehicle Technologies Tel:
+1 844-595-8010
[email protected]
https://www.uvt.us
1722 N College Avenue
Suite D
Fayetteville AR 72703
United States
THANK YOU FOR THANK YOU FOR
CHOOSING UVT!
CHOOSING UVT!
5 5
[SRV-PL-101] UVT ProLine Pre-Flight Service
Our ProLine Pre-Flight Service ensures you receive a
turnkey system on day one. This service includes the
activation of the hardware and any included service
plans (ex. DJI Care Enterprise) and the updating and
testing of all critical flight components. All ProLine
services are performed in-house by our factory-trained
technicians.
1.000
Units
499.00
100.00
0%
$
0.00 [SRV-PLS-103] UVT ProLine Support Premium
UVT ProLine Support offers you direct access to our
technical and operational support teams. With ProLine
Support Premium, this access is provided 24x7x365 to
ensure you always have the support you need.
1.000
Units
1,999.00
100.00
0%
$
0.00 UPS Ground
Free Shipping
1.000
Units
0.00 0.00
0%
$
0.00 Subtotal
Subtotal
$
0.00 The completion of this transaction via payment, Purchase Order, or electronic signature indicates your acceptance of our Terms & Conditions available online at www.uvt.us/terms. Thank you for choosing UVT! Payment terms: Net 30
Subtotal
Subtotal
$
79,307.00
Taxes
on
$
79,307.00
$
7,335.91
Total
Total
$
86,642.91
Unmanned Vehicle Technologies Unmanned Vehicle Technologies Tel:
+1 844-595-8010
[email protected]
https://www.uvt.us
1722 N College Avenue
Suite D
Fayetteville AR 72703
United States
THANK YOU FOR THANK YOU FOR
CHOOSING UVT!
CHOOSING UVT!
6 6
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-334, Version: 1
Professional Services Agreement with The Pun Group, LLP for Auditing Services Approve a Resolution authorizing the Mayor to execute a Professional Services Agreement with The Pun Group, LLP (“The Pun Group”) for independent auditing services for the period of June 15, 2022 through June 30, 2025, corresponding to the fiscal years ending June 30, 2022, to June 30, 2024, with the option to extend the agreement for each of the two (2) subsequent fiscal years.
City of Salinas Printed on 6/8/2022Page 1 of 1
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CITY OF SALINAS
COUNCIL STAFF REPORT
______________________________________________________________________________ DATE: JUNE 14, 2022
DEPARTMENT: FINANCE
FROM: MARK ROBERTS, DIRECTOR OF FINANCE
TITLE: PROFESSIONAL SERVICES AGREEMENT WITH THE PUN
GROUP, LLP FOR AUDITING SERVICES
RECOMMENDATION:
A motion to approve a resolution authorizing the Mayor to execute a professional services agreement with The Pun Group, LLP (“The Pun Group”) for independent auditing services for the period of June 15, 2022 through June 30, 2025, corresponding to the fiscal years ending June 30, 2022, to June 30, 2024, with the option to extend the agreement for each of the two (2) subsequent fiscal years.
BACKGROUND:
On March 4, 2022, the City and its previous independent auditor mutually agreed to end their audit services agreement following the conclusion of the audit for the fiscal year ending June 30, 2021.
In accordance with Government Finance Officers Association best practices, a governmental entity should undertake a full -scale competitive process for the selection of independent auditors. On April 25, 2022, City staff released a request for proposal (“RfP”) soliciting the services of qualified firms of certified public accountants to perform independent auditing services.
REQUEST FOR PROPOSALS:
The RfP solicited responses from qualified firms to audit the City’s financial statements, as well as the f inancial statements of its component units, and to prepare an annual comprehensive financial report for the fiscal years ending June 30, 2022, 2023, and 2024. The specifications required that the audit be performed in accordance with generally accepted au diting standards as set forth by the American Institute of Certified Public Accountants, the provision s of the Single Audit Act Amendments of 1996, Uniform Guidance, and all applicable Governmental Accounting Standard Board statements.