Form: Professional Services Agreement v. January 2021 Page 1 of 16 Ecology Action of Santa Cruz
November 2022
AGREEMENT
FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF SALINAS AND ECOLOGY
ACTION OF SANTA CRUZ
Form: Professional Services Agreement v. January 2021 Page 2 of 16 Ecology Action of Santa Cruz
November 2022
Contents
RECITALS ..................................................................................................................................... 4 TERMS ........................................................................................................................................... 4
1. Scope of Service. ................................................................................................................. 4
2. Term; Completion Schedule. ............................................................................................... 4
3. Compensation. ..................................................................................................................... 4
4. Billing. ................................................................................................................................. 5
5. Meet & Confer. .................................................................................................................... 5
6. Additional Copies................................................................................................................. 5
7. Responsibility of Consultant. ............................................................................................... 5
8. Responsibility of City. ......................................................................................................... 6
9. Acceptance of Work Not a Release. .................................................................................... 6
10. Indemnification and Hold Harmless. ................................................................................... 6
11. Insurance. ............................................................................................................................. 6
12. Access to Records. ............................................................................................................... 6
13. Non-Assignability. ............................................................................................................... 7
14. Changes to Scope of Work. ................................................................................................. 7
15. Ownership of Documents. ................................................................................................... 7
16. Termination. ......................................................................................................................... 7
17. Compliance with Laws, Rules, and Regulations. ................................................................ 8
18. Exhibits Incorporated. .......................................................................................................... 8
19. Independent Contractor. ....................................................................................................... 8
20. Integration and Entire Agreement. ....................................................................................... 9
21. Jurisdiction and Venue. ........................................................................................................ 9
22. Severability .......................................................................................................................... 9
23. Notices. ................................................................................................................................ 9
24. Nondiscrimination.............................................................................................................. 10
25. Conflict of Interest. ............................................................................................................ 10
26. Headings. ........................................................................................................................... 10
27. Attorneys’ Fees .................................................................................................................. 10
28. Non-Exclusive Agreement. ................................................................................................ 10
29. Rights and Obligations Under Agreement. ........................................................................ 10
30. Licenses.............................................................................................................................. 10
31. Counterparts. ...................................................................................................................... 11
Form: Professional Services Agreement v. January 2021 Page 3 of 16 Ecology Action of Santa Cruz
November 2022
32. Legal Representation. ........................................................................................................ 11
33. Joint Representation. .......................................................................................................... 11
34. Warranty of Authority........................................................................................................ 11
35. No Waiver of Rights. ......................................................................................................... 11 Exhibit A- Insurance Requirements .............................................................................................. 13 Exhibit B- Scope of Service .......................................................................................................... 16
Form: Professional Services Agreement v. January 2021 Page 4 of 16 Ecology Action of Santa Cruz
November 2022
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND ECOLOGY ACTION OF SANTA CRUZ
This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this ____ day of ______, 2022, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and Ecology Action of Santa Cruz, a 501(c)3 non-profit organization, with its principle place of business located at 877 Cedar Street, Suite 240, Santa Cruz, CA 95060 (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.
WHEREAS, the Sustainable Transportation Planning Grant Program was created to support the California Department of Transportation's ("Caltrans") mission to provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability;
WHEREAS, the City and the Consultant submitted an application for the Sustainable Transportation Planning Grant for the City of Salinas Active Transportation Plan;
WHEREAS, the City’s application was awarded $394,844 in Transportation Planning Grant Program funds and the City is providing $76,156 in matching funds;
WHEREAS, the City has a master fund agreement with Caltrans to receive state funds and is responsible for regional transportation planning and implementation;
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 November ___, 2022, and shall terminate on June 25, 2025, 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 as set forth in Exhibit B. The total amount of compensation to be paid under this Agreement
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shall not exceed two hundred twelve thousand, one hundred thirty-six dollars, and eighteen cents ($212,136.18).
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.
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 & 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.
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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 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 shall defend, indemnify, and hold harmless the City and its officers, officials, employees, volunteers, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder, including the performance of work of any of Consultant’s subcontractors or agents, or Consultant’s failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.
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,
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November 2022
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. Non-Assignability. 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. 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 ten days 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
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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 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.
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20. Integration and Entire 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 and Venue. 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.
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:
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:
Amelia Conlen
Ecology Action
877 Cedar Street, Suite 240
Santa Cruz, CA 95060
(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.
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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 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.
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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, if it so chose, 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.
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:
_________________________
Form: Professional Services Agreement v. January 2021 Page 12 of 16 Ecology Action of Santa Cruz
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□ Christopher A. Callihan, City Attorney, or
□ Rhonda Combs, Assistant City Attorney
CONSULTANT
___________________________________
By: ___________________
Its: ___________________________
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Exhibit A- Insurance Requirements
Insurance Requirements
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 and Professional Liability, coverage should be maintained for a minimum of five (5) years after Agreement completion.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
(A) Commercial General Liability (“CGL”): Insuranc e Services Office Form (“ISO”) 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. (B) Automobile Liability: ISO Form CA 0001 covering any auto , or if Consultant has no owned autos, hired and non- owned, with limits no less than $1,000,000 per accident for bodily injury and property damage.
(C) Workers’ Compensation insurance as required by the State of California, with S tatutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
(D) Professional Liability (also known as Errors and Omissions) insurance appropriate to the work being performed, with limits no less than $1,000,000 per occurrence or claim, $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.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’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).
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Primary Coverage
For any claims related to this Agreement or the project described within this Agreement, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO Form CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
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.
Self-Insured Retentions
Self-insured retentions must be declared by Consultant to and approved by the City. At the option of the City, 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 administrations, 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.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of this Agreement or the beginning of Agreement 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 Agreement effective date, the Consultant must purchase “extended reporting” 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.
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Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language effecting coverage required by this Agreement. 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.
Subcontractors
Consultant shall require and verify that all sub-consultants and/or subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from such sub-consultants and/or subcontractors.
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.
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Exhibit B- Scope of Service
[Scope of Service; Compensation]
Scope of Work Checklist
The Scope of Work (SOW) is the official description of the work that is to be completed during the contract. Tasks 1-6 outlined in the SOW are for illustrative purposes only.
Applications with missing components will be at a competitive disadvantage. Please use this checklist to make sure your Scope of Work is complete.
Scope of Work Checklist
() Ensure these items are completed prior to submitting to Caltrans Use the Fiscal Year 2022-23 template provided
Include the activities discussed in the grant application List all tasks using the same title as stated in the Project Cost and Schedule Include task numbers in accurate and proper sequencing, consistent with the Cost and Schedule
Exclude sub-task numbers; only include sub-headings
Exclude tasks for project management and/or staff/consultant coordination; these activities should be spread among relevant tasks
Include a thorough Introduction to describe relevant background, related planning efforts, the project and project area demographics, including a description of the disadvantaged community involved with the project, if applicable
Include a thorough and accurate narrative description of each task
Task 01 is a required task. It must be titled “Project Administration”, it cannot exceed 5% of the grant award amount, and only the grantee and sub- recipient(s) can charge against this Task. This Task must only include the following activities and deliverables:
• Caltrans and grantee Project kick-off meeting at the start of the grant • Invoicing and quarterly reporting to Caltrans
• DBE Reporting (federal grants only)
Include Task 02 for the procurement of a consultant (if needed). This task is for the grantee and sub-recipient(s) only.
Include detailed public participation and services to diverse communities in the Public Outreach Task (excluding technical projects)
Identify public outreach strategies in a manner that provides flexibility and allows for a diverse range of outreach methods (both in-person and on-line), considering the current COVID-19 environment (excluding technical projects) Include a Task(s) for a Draft and Final product. The draft plan must include an opportunity for the public to provide feedback (excluding technical projects).
Include a summary of next steps your agency will take towards implementing the project in the Final Product
List achievable project deliverables for each Task
EXCLUDE environmental, complex design, engineering work, and other ineligible activities outlined in the Grant Application Guide
SCOPE OF WORK
Project Information
Grant Category Caltrans Sustainable Communities
Grant Fiscal Year 2022-23
Project Title City of Salinas Active Transportation Plan Organization
(legal name) City of Salinas
Introduction
Salinas has a significant population that is dependent on walking, bicycling, and transit for their daily mobility with over 20 percent of households having access to one or no vehicles (2016 American Community Survey). Salinas also has a median income ($52,338) below the 2016 state ($63,783) and county ($60,889) levels.
As the largest city in Monterey County, 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 some areas need repair or replacement.
The City of Salinas is seeking to develop and adopt an Active Transportation plan to identify transportation needs and potential projects that will make walking and biking safe, reliable, connected, comfortable and convenient for all uses. The Active Transportation Plan is intended to act as a combined update of the Pedestrian Plan (2004) and the Bikeways Plan (2002) 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.
The City of Salinas Active Transportation Plan will build from the 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 will 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 proposed project does not directly address planning for housing, however the ATP update will have indirect benefits to remove potential barriers for housing development. With the implementation of SB 743, CEQA Transportation Impacts are measured in Vehicle Miles Traveled (VMT) as opposed to Level of Service. The ATP will improve the safety and convenience for walking and biking modes of transportation, which has the potential to lower vehicle trips for planned housing development projects and therefor reducing potential mitigation costs. Additionally if a housing development is found to have a VMT impact, the City's ATP will have a list of active transportation project that can be easily identified and used as VMT mitigation for a proposed housing development project. Having an ATP removes the cost uncertainty of VMT mitigations.
The ATP will indirectly benefit Housing development.
Project Stakeholders
The City of Salinas will be responsible for overseeing the plan’s delivery, coordinating partnership involvement, participating in public outreach, evaluate project recommendations to ensure consistency with City policies and planning documents, approve the list of recommendations and draft plan, adopt the final planning document, and administering the grant. Community Development and planning staff will be involved throughout the process.
Ecology Action (Sub-Applicant) will lead the public engagement process and data collection process, lead the development of the plan, provide project information via an online Project webpage, and hire and manage a technical consultant for the project using a competitive Request for Proposal process.
Overall Project Objectives
• Develop relationships with:
o Agency stakeholders who can help shape the network and help with implementation: public health, emergency services, planning and public
works, School Districts, transit providers, Blue Zones initiative, Salinas Valley Memorial
o Community-based organizations and service providers working in disadvantaged communities (Traffic and Transportation Commission, TAMC Bike and Ped Committee, Schools, Velo, Hospital.
• In-depth engagement of relevant communities/neighborhoods (especially disadvantaged communities) to understand the specific activity generators they need to access, barriers currently limiting active transportation, and programs that would be well-received to support adoption of active transportation modes
• Solicit feedback on feasibility of network recommendations and implementing options from the operational perspective of agency stakeholders • Provide the City of Salinas with feasible projects ready for design and construction, including recommended funding sources
• Develop partnerships for implementing programmatic recommendations • Engage the public, stakeholders, and City leaders to educate and empower them to own these recommendations
• Provide the City of Salinas with “ready” projects for design and construction funds
• Provide the City with a phasing plan and prioritization program
Summary of Project Tasks
Project Management activities must be identified within the task they are occur.
Task 01: Project Administration
Project Kick-off Meeting with Caltrans
• The City will hold a kick-off meeting with Caltrans staff to discuss grant procedures and project expectations including invoicing, quarterly reporting, and all other relevant project information. The City will actively coordinate with Caltrans as a partner through the life of the grant. The City will specifically bring Caltrans into the planning discussion when scoping both the technical advisory and community meetings. Meeting summary will be documented and sent to appropriate parties within one week of meeting.
o Responsible Party: The City of Salinas
Invoicing
• Submit complete invoice packages to Caltrans District staff based on milestone completion – at least quarterly, but no more frequently than monthly.
o Responsible Party: The City of Salinas
Quarterly Reports
• Submit quarterly reports to Caltrans District staff providing a summary of project progress and grant/local match expenditures.
o Responsible Party: The City of Salinas
Task Deliverables
Kick-off meeting with Caltrans - Meeting Notes, quarterly invoices and progress reports.
Task 02: Consultant Procurement
RFP for Consultant Services
• The City of Salinas and Ecology Action will procure a consultant. The procurement process will comply with state and federal requirements, Local Assistance Procedures Manual Chapter 5 and Chapter 10 for procuring engineering consultants, the Grant Application Guide, Regional Planning Handbook, and the executed grant contract between Caltrans and the City. The City of Salinas shall ensure that all third parties adhere to the same provisions included in the agreement with Caltrans. o Responsible Party: City of Salinas/Ecology Action
Project Kick-off Meeting with Consultant
• The City will hold a kick-off meeting with the consultant team to review project scope and timeline. Caltrans staff will be invited to attend. o Responsible Party: City of Salinas/Ecology Action/Caltrans
Task Deliverables
Deliverables: Request for Proposal/Qualifications, contract between consultant and City , contract amendments, Meeting Agenda and Minutes
Task 1: Existing Conditions
Existing Conditions
• Build upon and update the Salinas Active Transportation Existing Conditions and Needs Assessment (2018) to the most current data available, and completed projects in Salinas. The existing conditions will not duplicate work completed in the Salinas Active Transportation Existing Conditions and Needs Assessment, but will build upon and integrate the work that was already completed. Some traffic count data and collision data will be updated to the most current available data. The existing conditions will compile relevant available data including traffic counts, modal split, travel speeds, collision history. The existing conditions will include City demographics. The existing conditions will include a map and description of existing and proposed land uses and key destinations. o Responsible Party: Consultant/City of Salinas
GIS Mapping
• All maps shall be developed in GIS format. Develop base maps of the existing and proposed system. Illustrate both pedestrian and cycle routes. Show connections into the regional network.
o Responsible Party: Consultant
Task Deliverables
Deliverables: Existing Active Transportation Map, compiled available traffic data, City demographics data, City land uses and key destinations map, Summary of Existing Conditions
Task 3: Analysis
Traffic Counts
• Collect new pedestrian and bicycle traffic data at 10 key locations within city limits.
o Responsible Party: Consultant
Safety Analysis
• Analyze collision trends to determine bike and pedestrian safety emphasis areas.
Identify specific areas where collision data indicates bike and pedestrian safety improvements could be most beneficial.
o Responsible Party: Consultant
Gap and Barrier Analysis
• Analyze the current state of the sidewalk and bicycle networks. Identify gaps and barriers for pedestrian and bicycle accessibility and identify areas in need of repair or replacement. Identify opportunities to link land uses and key destinations.
o Responsible Party: Consultant
Level of Traffic Stress Analysis
• Assess and score bikeway networks for connectivity, identify existing areas with a high level of service as well as focus areas for improvement. o Responsible Party: Consultant
Task Deliverables
Deliverables: Traffic Counts, collision maps and diagrams, gap and barrier maps, Level of Stress maps
Task 4: Public Outreach
The City of Salinas and Ecology Action will conduct targeted community outreach. All meetings will be publicly noticed to ensure maximum attendance. All public notices will be in English and Spanish – the primary languages spoken at home in Salinas. Translators for additional languages and sign language interpreters will be present at all workshops, if requested.
Project Website
• Develop a project website to share information about the Plan development process, promote outreach events, document workshops, and host the community survey, as well as allow members of the public to download and provide feedback on the project priorities, the design alternatives, programs, Draft Plan, Implementation Strategy, and eventually view the Final Plan. • Responsible Party: City of Salinas/Ecology Action
Community Survey
• In addition to public outreach events, an online community survey will be developed to solicit feedback from residents on their needs and attitude to related to active transportation and on their vision for active transportation in Salinas. This will include a map-based survey to solicit active transportation needs and a public survey to gather written feedback or preferences. Results will be summarized and will help shape the recommendations and implementation plan.
• Responsible Party: Consultant
Kick Off Workshop
• This first workshop will be planned in consultation with the SAC in an effort to select an event time, and format which will be most responsive to community needs and provide a welcoming environment for community participation. The workshop will provide an opportunity for community members to learn about the planning process, validate the network recommendations, select corridors and areas for further design and analysis, and discuss goals and priorities. Members from the housing development community and County Housing Authority will be invited to participate. Materials will be available in both English and Spanish. • Responsible Party: Ecology Action
Pop-Up Community Events - Goals and Priorities
• Outreach will be conducted at up to eight pop up events, such as farmers markets, community or school festivals, or at a school or community center, senior centers, in order to inform the community of the Plan and solicit feedback from the community about their goals and priorities for active transportation in Salinas. These events that reach people at existing gatherings are critical for engaging a broad and diverse range of people living and working in Salinas. • Responsible Party: Ecology Action
Walk and Talk Events/Bike Audits
• Outreach will be conducted at each of the priority (5) project locations in order to inform the community of the Plan, present design alternatives, discuss tradeoffs, and solicit feedback from the community about the design alternatives for active transportation in Salinas. The Walk and Talks allow the City and consultants to facilitate discussion about potential improvements and potential impacts. Bike audits allow for participants to interact with the built environment and identify needs and opportunities for improvements. These are highly interactive events that allow a shared experience to see the issues and opportunities. The feedback from these events will be used to develop concept design plans for the priority project corridors and areas. • Responsible Party: Ecology Action
Active Transportation Recommendation Workshops
• Two workshops will be organized to present the draft recommended active transportation designs and programs for review and feedback by the community, and will be planned in consultation with the SAC in an effort to select a n event location, time, and format which will be most responsive to community needs and provide a welcoming environment for community
participation. Workshops may be combined with General Plan Built Environment Workshops in order to reduce the number of meetings community members need to attend. Members from the housing development community and County Housing Authority will be invited to participate. • Responsible Party: Ecology Action
Task Deliverables
Deliverables: Project Website, Survey Results Summary, Presentation Materials, Workshop Summary with Photos, Presentation Materials, Event Summaries with Photos, Project packets, Event Summary with Photos, Presentation Materials. Workshop Summary with Photos
Task 5: Advisory Committee Meetings
Stakeholder Advisory Committee
• Establish a Stakeholder Advisory Committee (SAC) to provide guidance on outreach strategy and review project deliverables at key milestones, in addition to serving as ambassadors for the Plan to share resources with stakeholders about outreach activities, opportunities to review deliverables, and other ways to engage with the project. SAC members may include representatives from Caltrans, the City of Salinas, TAMC, Monterey County Public Health, County Housing Authority, developers, community organization staff (especially in disadvantaged communities), emergency services, school staff or administrators, students, major employers, homeless or social services providers, transit agencies, or seniors. Between in-person meetings, materials for review may be shared or discussed online. Two meetings are anticipated to discuss the following:
Introduction to project, Review of the network and priorities, Review of the design alternatives and programs, Review of the design concepts, Review of the funding and phasing, and Review of the implementation plan. • Responsible Party: Ecology Action/City of Salinas
Stakeholder Interviews- Programs Up to four group interviews will be held with stakeholders including school representatives, business owners, and community organizations. The interviews are a critical way to dive deeper into specific areas of concern with community leaders. These interviews will be focused on soliciting input on the programs and policy recommendations.
• Responsible Party: Ecology Action/Consultant
Task Deliverables
Presentation Materials, Meeting Agendas and Minutes, Interviews Summary
Task 6: Draft and Final Plan
Project Network and Prioritization
• Validate the data driven bicycle and pedestrian network needs with the community and update the network maps. Evaluate the recommendations based on the community-developed goals. Describe impacts and benefits, such
as safety, connectivity, increased biking and walking, and maintenance.
Consider possible gentrification and displacement of residents among possible project impacts and consider impact of climate change on future active transportation rates. Identify the high needs corridors and zones for bicycle and pedestrian improvements. Select a set of corridors and zones to move into concept analysis and design.
• Responsible Party: Consultant
Corridor Concept Analysis, Designs, and Costs
• Develop design alternatives for the priority project corridors (6) and areas (4) in the form of illustrative sections with detail plan areas to show key intersections.
Analyze the alternatives, including traffic impacts, and present trade-offs in the engagement process to determine a preferred design for concept development.
• Design priority projects (10) to a concept plan level, including an engineer’s estimate of probable cost, based on feedback from the community, the SAC, and City. Physical roadway improvements will be prepared in AutoCAD based exclusively on aerial photography or available AutoCAD base mapping provided by City staff, and will show curb, gutter, pavement features, and other details necessary to visually describe the improvement and location. The City will provide available right-of-way (ROW) information for inclusion in these Conceptual Design Plans.
• Prepare planning-level cost estimates for priority projects. Planning level costs for projects will use the latest unit costs provided by the City’s Engineering Department in tandem with figures from comparable communities in California. • Responsible Party: Consultant
Design Guidelines
• Prepare design guidelines to address specific design solutions for the identified zones in need. Utilize existing AASHTO and NACTO resources, and create new design guidelines if needed. Improvements will include on-street, off-street bicycle and pedestrian facilities, citywide amenities, and standards. • Responsible Party: Consultant
Programs with Partners, Policies
• Work directly with the public through education efforts and encouragement programs, the City has the potential to raise awareness and acceptance of bicycling and walking as normal, healthy, fun parts of everyday life. Based on community and stakeholder interests, concerns, needs, and resources for programs and policies as well as best practices, a set of recommendations to improve bicycle Education, Encouragement, Enforcement, Evaluation, and public outreach efforts will be developed. These will be presented for input as part of the project’s engagement process.
• Responsible Party: Ecology Action
Funding and Phasing
• Connect each project to funding sources, including matching programs and federal, state and local funding sources, as well as outline responsibilities and which agency should take the lead role in the funding application. Define
phasing for implementing the projects based on priority, benefit/cost ratio, funding cycles, and potential coordination network connections and with other projects in Salinas.
• Responsible Party: Consultant/City of Salinas
Draft and Final Plan
• Combine the Salinas Active Transportation Plan: Outreach and Implementation with the previous work on the Needs Assessment with the outreach process and recommended implementation strategy into one planning document. Draft and final versions will be prepared for the City and the final version will be adopted by the City Council.
• Responsible Party: Consultant
Task Deliverables
Deliverables: Network Maps, Prioritization Strategy Memo, Conceptual Design Alternatives, Preferred Design Alternatives and Planning Level Cost Estimates, Draft and Final Design Guidelines, Program Recommendations Memo, Implementation Memo, Administrative Draft Plan, Draft Plan, and Final Plan
Task 7: Board Review/Approval
Present the plan to the Transportation Commission, the Planning Commission and City Council, and the final version will be adopted by the City Council.
Responsible Party: Consultant/Ecology Action/City
Task Deliverables
Deliverables: Presentation materials, Staff Reports and Resolution
Project Name: TR CTPG (Salinas) 22-25
2023 Hours 2023 Rate 2023 Cost 2024 Hours 2024 Rate 2024 Cost 2025 Hours 2025 Rate 2025 Cost Total Grant Hours Total Grant Budget Task 01:
Management/Reporting
Staff Time
Amelia Conlen 60 $89.41 $5,364.60 60 $92.09 $5,525.40 20 $94.86 $1,897.20 140 $12,787.20 Gino Garcia 40 $75.64 $3,025.60 40 $77.91 $3,116.40 20 $80.25 $1,605.00 100 $7,747.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00
Staff Time Billing $8,390.20 $8,641.80 $3,502.20 240 $20,534.20 Consultants/Contractors $0.00
Mileage $0.00
Supplies $0.00
Other Expenses $0.00
Totals: $8,390.20 $8,641.80 $3,502.20 $20,534.20
Task 02: Consultant
procurement
Staff Time
Amelia Conlen 50 $89.41 $4,470.50 $92.09 $0.00 $94.86 $0.00 50 $4,470.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00
Staff Time Billing $4,470.50 $0.00 $0.00 50 $4,470.50
Consultants/Contractors $0.00
Mileage $0.00
Supplies $0.00
Other Expenses $0.00
Totals: $4,470.50 $0.00 $0.00 $4,470.50
Task 3: Outreach
Staff Time
Amelia Conlen 150 $89.41 $13,411.50 150 $92.09 $13,813.50 $94.86 $0.00 300 $27,225.00 Gino Garcia 500 $75.64 $37,820.00 300 $77.91 $23,373.00 $80.25 $0.00 800 $61,193.00 Aaron Cole 75 $59.98 $4,498.50 73 $61.78 $4,509.94 $63.63 $0.00 148 $9,008.44 Sarah Seward 20 $166.13 $3,322.60 10 $171.12 $1,711.20 $176.25 $0.00 30 $5,033.80 Margaret Ireland 40 $94.28 $3,771.20 40 $97.11 $3,884.40 $100.02 $0.00 80 $7,655.60 Tatiana Burdiak 30 $148.88 $4,466.40 20 $153.35 $3,067.00 10 $157.95 $1,579.50 60 $9,112.90 Staff Time Billing $67,290.20 $50,359.04 $1,579.50 1418 $119,228.74 Consultants/Contractors $0.00
Mileage $1,000.00 $1,025.06 $2,025.06
Supplies $5,000.00 $3,000.00 $8,000.00
Other Expenses $0.00
Totals: $73,290.20 $54,384.10 $1,579.50 $129,253.80
Task 4: Advisory Committee
Meetings
Staff Time
Amelia Conlen 100 $89.41 $8,941.00 80 $92.09 $7,367.20 $94.86 $0.00 180 $16,308.20 Gino Garcia 150 $75.64 $11,346.00 95 $77.91 $7,401.45 $80.25 $0.00 245 $18,747.45 Aaron Cole 100 $59.98 $5,998.00 80 $61.78 $4,942.40 $63.63 $0.00 180 $10,940.40 Staff Time Billing $26,285.00 $19,711.05 $0.00 605 $45,996.05 Consultants/Contractors $0.00
Mileage $381.63 $300.00 $681.63
Supplies $500.00 $500.00 $1,000.00
Other Expenses $0.00
Totals: $27,166.63 $20,511.05 $0.00 $47,677.68
Task 5: Draft and Final Plan
Staff Time
Amelia Conlen $89.41 $0.00 60 $92.09 $5,525.40 $94.86 $0.00 60 $5,525.40 Gino Garcia $75.64 $0.00 60 $77.91 $4,674.60 $80.25 $0.00 60 $4,674.60 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00
Staff Time Billing $0.00 $10,200.00 $0.00 120 $10,200.00 Consultants/Contractors $0.00
Mileage $0.00
Supplies $0.00
Other Expenses $0.00
Totals: $0.00 $10,200.00 $0.00 $10,200.00
Staff Name Hours Projected Billing Rate Totals Hours Projected Billing Rate Totals Hours Projected Billing Rate Totals Total Hours Total Cost Amelia Conlen 360 $89.41 $32,188 350 $92.09 $32,232 20 $94.86 $1,897 730 $66,316.30 Gino Garcia 690 $75.64 $52,192 495 $77.91 $38,565 20 $80.25 $1,605 1205 $92,362.05 Aaron Cole 175 $59.98 $10,497 153 $61.78 $9,452 0 $63.63 $0 328 $19,948.84 Sarah Seward 20 $166.13 $3,323 10 $171.12 $1,711 0 $176.25 $0 30 $5,033.80 Margaret Ireland 40 $94.28 $3,771 40 $97.11 $3,884 0 $100.02 $0 80 $7,655.60 Tatiana Burdiak 30 $148.88 $4,466 20 $153.35 $3,067 10 $157.95 $1,580 60 $9,112.90$0.00 $0.00 Staff Time Billing 1315 $106,436 1068 $88,912 50 $5,082 2433 $200,429.49 Consultants/Contractors $0.00 $0.00 $0.00 $0.00
Mileage $1,381.63 $1,325.06 $0.00 $2,706.69
Supplies $5,500.00 $3,500.00 $0.00 $9,000.00
Other Expenses $0.00 $0.00 $0.00 $0.00
Total $113,317.53 $93,736.95 $5,081.70 $212,136.18
2023 2024 2025
January 1st, 2023 to December 31st, 2023 January 1st, 2024 to December 31st, 2024 January 1st, 2025 to December 31st, 2025 2023 2024 2025
Annual Summary and Annual Rates