REQUEST FOR PROPOSALS
ALISAL VIBRANCY PLAN:
STREETSCAPE MASTER PLAN
FOR THE CITY OF SALINAS
Due January 26, 2023, at 1:00pm
Contact:
Andrew Easterling, Traffic Engineer
Phone: (831) 758-7196
Email: [email protected]
200 Lincoln Ave, Salinas, CA 93901
2 SECTION I: SUMMARY OF REQUEST
The City of Salinas (“City”), a charter city located in Monterey County, California, is requesting proposals from qualified consultants to develop the Alisal Vibrancy Plan: Streetscape Master Plan for Alisal’s major commercial corridors, specifically East Market Street, Sanborn Road, East Alisal Street, and Williams Road within the Alisal Community. The Streetscape Master Plan shall build upon the work from the Alisal Vibrancy Plan ( AV P ) and East Alisal Street Corridor Plan,and refine the street corridor concepts further into more tangible final streetscape concepts . The consultant shall develop initial streetscape concepts and presentation material for community engagement.
The Streetscape Master Plan will also include an analysis of traffic operations and presentation material for community engagement. The consultant shall:
• Incorporate community feedback and develop alternative streetscape concepts. • Work with the community and project stakeholders to reach a consensus on a preferred final concept for each corridor.
• Refine preferred final concept ual design further to the equivalent of 30% preliminary engineering drawings, which will lead into the next phase of the Project , f inal Plans, Specifications, and Estimates (PS&E).
The Streetscape Master Plan shall follow the Visión Salinas Guiding Principles reflecting the community’s values and vision as “A City that celebrates, promotes, preserves and honors the
3 diversity, history, art, and culture of its community: promoting the rich diversity and culture in the Alisal through art, music, festivals, parades and other community events; celebrating the City’s history, the architecture of its buildings, the diverse cultures of its people, and its rich immigrant history; and, fostering a sense of place by encouraging community driven transformation, initiating theme districts, and by building upon existing neighborhood identity.”
PROJECT AREA
Annexed into the City in 1963, the East Salinas community (the Alisal) maintains a unique cultural, economic, and demographic identity within the larger City of Salinas. It has long had a strong Latino and immigrant heritage and hosts unique cultural events like the youth-lead Ciclovía Salinas and El Grito, which celebrates Mexico’s independence from Spain. As an engine of economic activity that is a critical retail and a commercial center in Salinas, Alisal provides culturally relevant retail and services to both Alisal residents and customers from all over the region and was the highest sales tax revenue generator in the second quarter of 2022 in the City.
The Alisal Vibrancy Plan Area follows the boundaries of the federal government’s Department of Housing and Urban Development (HUD) Alisal Neighborhood Revitalization Strategy Area (ANRSA) and the previously proposed Alisal Market Place redevelopment area. Since 1993, HUD has recognized the Alisal as a Neighborhood Revitalization Strategy Area (NRSA). The boundaries of the NRSA were updated in the City’s FY 2015 - FY 2019 Consolidated Plan. This special NRSA designation allows the City of Salin as to have more flexibility in funding for revitalization activities related to economic development, housing, and public service in the area through its Community Development Block Grant program.
The Alisal Plan Area, with the Marketplace, is approximately 1,763 acres or 2.75 square miles in size. The Plan Area is generally bounded by Highway 101 to the southwest, Madeira Avenue and St. Augustine Drive to the northwest, John Street to the southeast, and Freedom Parkway to the northeast. Just to the west and south of the Alisal are agricultural lands in unincorporated Monterey County. North of the Alisal is the Carr Lake Basin, a 480-acre seasonally dry lakebed in the heart of Salinas, most of which is actively used for agriculture. The Salinas Municipal Airport is south with the Salinas Fairways Golf Course buffering neighborhoods from airport noise. The Plan Area contains four key commercial corridors (East Alisal and East Market Streets and North Sanborn and Williams Roads) and numerous residential neighborhoods.
The Alisal Marketplace is adjacent to the Alisal and is a former redevelopment project proposal that includes approximately 75 acres of land to be redeveloped into a mixed- use development including residential, retail, services, commercial/office and civic uses. Marketplace boundaries north of East Alisal Street, include the railroad, East Market Street to the north, and Griffin Street to the east. The Marketplace also includes a smaller wedge south of East Alisal Street, between the railroad and Work Street.
East Alisal Street
East Alisal Street is a major arterial and important east -west connection between the downtown area and commercial busi nesses in the City, the East Alisal Campus of Hartnell College, and neighborhoods in East Salinas. The surrounding land uses include predominately residential and
4 commercial areas. This segment of East Alisal Street is classified as a major arterial in the City of Salinas General Plan. The approximate daily traffic volumes are 17,000ADT, and planned up zoning along the corridor is expected to increase travel demand. MST routes 41 and 47 run along East Alisal Street, with route 41 having the highest ridership number in the City. The corridor was identified in the Salinas Vision Zero Action Plan as having the 5 th highest number of fatal and
severe i njury collisions in the City . Between 2009 and 2018 there were 339 reported traffic collisions, including 21 vehicle vs pedestrian collisions.
The public right of way along East Alisal Street is generally around 100’ wide. The street typically has 4 general purpose lanes with a two way left turn lane and on- street parking. Sidewalks are typically 12’ wide and there are no designated bike facilities. The corridor has a relatively high driveway density and closely spaced intersections. The sidewalks contain some street trees, furniture and other public amenities.
East Market Street
East Market Street is a major arterial and important east- west connection between the downtown area and commercial businesses in the City, US 101, and neighborhoods in East and North Salinas.
The surrounding land uses include predominately residential and commercia l areas. The approximate existing daily traffic volumes are 15,000ADT. MST routes 23 and 45 run along East Market Street. The corridor was identified in the Salinas Vision Zero Action Plan as having the highest number of fatal and severe injury collisions in the City. Between 2009 and 2018 there were 443 reported traffic collisions, including 28 vehicle vs pedestrian collisions. This segment was also identified as having the highest number of bicycle involved collisions within the City, with 19 bicycle involved collisions occurring between 2009 and 2018.
The public right of way on this segment of East Market Street ranges from 70’ to 86’ in width.
The street typically has 4 general purpose lanes and on-street parking, with channelized left turn lanes and parking restrictions at the intersections. The corridor has some traffic calming chicanes installed in the parking isle. Sidewalks are typically between 8 ’ and 12’ wide and there are no designated bike facilities. The corridor has a relatively high driveway density and closely spaced intersections.
North Sanborn Road
North Sanborn Road is a major arterial and important north-south corridor within the Alisal area providing a connection between East Boronda Road and industrial areas in south Salinas. The surrounding land use is predominately residential, with some commercial areas and several schools are located on or near Sanborn Road. The approximate existing daily traffic volumes are 19,000ADT. MST routes 41, 42 and 45 run along segments of North Sanborn Road. The corridor was identified in the Salinas Vision Zero Action Plan as having the 10 th highest number of fatal
and severe injury collisions in the City. Between 2009 and 2018 there were 431 reported traffic collisions, including 17 vehicle vs pedestrian collisions.
The public right of way on this segment of North Sanborn Road ranges from 71’ to 93’ in width.
The street typically has 4 general purpose lanes with some segments having a two way left turn lane and other segments having a raised median. There is some on-street parking permitted along sections of the corridor . Sidewalks range from 8’ to 12’ in wid th and there are generally no
5 designated bike facilities other than bike lanes north of Del Monte Ave. The corridor has a relatively high driveway density and closely spaced intersections.
Williams Road
Williams Road is a major arterial and important north- south corridor within the Alisal area providing a connection between Old Stage Road to East Alisal Street. The surrounding land use is predominately residential, with some commercial areas and two schools located north of Del Monte Avenue. The approximate existing daily traffic volumes are 13,000ADT. MST routes 41, 42 and 95 run along segments of Williams Road. The corridor was identified in the Salinas Vision Zero Action Plan as having the 2nd highest number of fatal and severe injury collisions in the City.
Between 2009 and 2018 there were 425 reported traffic collisions, including 26 vehicle vs pedestrian collisions.
The public right of way along Williams Road is approximately 86’ wide. The street typically has 4 general purpose lanes with a two way left turn lane and on-street parking. Sidewalks are typically 10’ wide and there are no designated bike facilities. The corridor has a relatively high driveway density and long distances between controlled crossings.
SECTION II: THE ALISAL VIBRANCY PLAN AND CONTEXT WITH OTHER PLANS
AND PROJECTS
Alisal Vibrancy Plan ( AVP):
In November 2019, the Salinas City Council accepted the Alisal Vibrancy Plan as a strategic planning document. The AVP is the result of years of visioning, community organizing, and relationship building between the City of Salinas and Alisal residents.
It is an action-oriented, comprehensive strategy for Salinas's Alisal neighborhood. The AVP is the first of its kind in the City, providing a community vision for a focused area of the City, with specific actions and policies generated through a community- led process. Specific priorities and implementation actions recommended by the Alisal Vibrancy Plan Steering Committee, working groups, and community members who participated in the planning process, are summarized at the end of each topic chapter and short -term implementation actions are identified in the Implementation chapter.
East Alisal Street Corridor Plan (ACP)
: The ACP, accepted in January of 2019, is focused on
transforming one corridor into a more complete street . The ACP addresses community identified issues, and outlines improvements to mobility, safety, and access for all modes of transportation, including walking, bicycling, transit, and motor vehicles, and addresses some of the underlying socioeconomic chal lenges faced by residents in the East Alisal community. The ACP aims to improve pedestrian environment by shifting the focus from predominately vehicular scale to a more pedestrian scale realm. The ACP also assists in aligning the City’s transportation and development patterns with state and federal transportation goals for improving multimodal mobility, accessibility for all people, and fostering livable, healthy, and socially equitable communities. Many of its recommendations and best practices could also apply throughout East Salinas . The ACP calls for an East Alisal Street that is safe and usable by pedestrians, bicyclists, transit riders, and automobiles. Its principal recommendations and best practices are woven into AVP Chapter 8.
6 Vision Zero Action Plan:
On February 11, 2020, City Council passed a Resolution (No 21791) adopting a Vision Zero Policy, and on September 14, 2021 City Council passed a Resolution (No 22184) adopting the Salinas Vision Zero Action Plan. “Vision Zero” is a strategy to eliminate all traffic fatalities and severe injuries, while increasing safe, healthy, equitable mobility for all. It is a movement that began in Europe and spread to American Cities, rooted in the philosophy that no loss of life due to road crashes is acceptable or inevitable and therefore sets the goal of reducing fatalities and severe injuries to zero. The Vision Zero Action Plan is a data driven approach, which utilizes historical collision data in order to identify collision patterns and trends. High frequencies of collisions led to identifying emphasis areas where the City can prioritize a response and recommend actionable strategies with the goal of eliminating severe injury and fatal crashes. The four key commercial corridors, East Alisal Street, East Market Stre et, North Sanborn Road and Williams Road, were identified as emphasis areas in this process, and having the 5 th, 1st, 10th and 2nd highest collision frequencies out of all of the City’s roads. The Vision Zero Action Plan is the City’s play book to achieve goal of eliminating fatal and severe injury collisions. The Action Plan contains collision trends and makes high level countermeasure recommendations.
Salinas Public Art Master Plan (PAMP)
: Adopted in February 2020, the PAMP states the
community’s vision for public art, outlines public art policies, and identifies implementation priorities and projects for public art in parks, corridors, gateways, municipal buildings, and private property. In addition, the
Public Art Program Ordinance is part of the City Municipal Code and governs public art in Salinas.
Current Projects and Implementation Initiatives in the Alisal
Corridor Appearance and Cleanliness:
City staff recently procured roughly $4M in grant funding to further address some of the Alisal community’s short-term goals (e.g., appearance, cleanliness, and safety/infrastructure) through the State’s Clean California State Beautification Program ($1.87M) and Local Grant Program ($2.15M). The State Beautification Project is an opportunity to beautify three blighted undercrossing structures, and enhance the adjacent infrastructure and roadside landscape, resulting in a more visually pleasing highway corridor and a more inviting, vibrant entryway into the Alisal neighborhood. The project includes new painted murals and mural lighting.
The Local Grant Program Project ‘the Alisal Greening, Beautification, and Safety Project’ proposes litter abatement via installation of thrash and recycling receptacles, beautification through planting drought -tolerant vegetation and trees, installation of wayfinding signage, a gateway monument, installation of banners and murals, permeable paver installation, sidewalk art highlighting safe routes through the neighborhoods, and educational programming to foster a safe, clean, connected, and accessible environment. Proposed improvements are concentrated along the E. Alisal Street corridor, with approximately 5 miles of decorated sidewalk routes connecting the corridor to seven schools, two parks, and public facilities such as the Breadbox Recreation Center and the Cesar Chavez Library.
In addition, City staff is developing an A VP Commercial Façade Grant Program to assist Alisal
7 businesses in improving the appearance of their business along the commercial corridors. F açade improvements include exterior painting of the building, signage, awnings, and window treatment.
A VP calls the establishment of augmented design guidelines that address standards for colors, materials, and frontage character to reflect the Alisal as a cultural and arts district to guide funded improvements.
These three projects are to be completed within the fiscal years 22-23 and 23-24. A district identity master plan consultant team is currently being procured to establish themes and design guidelines for the identity/character of the Alisal Community and to ensure all components of the proposed improvements will enhance the character of the Alisal community in a cohesive way that reflects its history and culture.
The Alisal District Identity Master Plan (ADIMP):
The ADIMP will include district identity themes, branding, color palette, and commercial corridor, façade and public art design guidelines. The ADIMP will develop district recommendations for the following items:
1. District Identity Theme(s) & Branding Program
a. includes identifiers, symbols, logo, hashtag, and slogan b. gateway elements, signage and banners
2. Commercial Corridor Design Guidelines
a. Color palette and streetscape elements palette or ‘toolkit’ which give the Alisal commercial corridors a consistent character and quality b. Guidelines for tree species, furniture and amenities such as benches, kiosks, awnings, banners, bollards, trash enclosures, planters, sidewalk cafes, etc
3. Façade Design Guidelines
a. Augment standards for colors, materials, building form, and frontage character b. Design concept for an identified opportunity site(s)
4. Alisal Public Art Plan
a. Public art design guidelines for street commercial street corridors, public facilities (parks, libraries, recreational facilities, etc.), and on private development
5. Implementation and Maintenance Plan
a. Assess corridor needs and develop a plan to carry out comprehensive community driven maintenance and revitalization efforts that is focused on feasibility and safety.
The City is currently procuring a Consultant team for the ADIMP. The ADIMP is expected to be completed before the Streetscape Master Plan is finalized. The Streetscape Master Plan will coordinate with and integrate the recommendations from the ADIMP.
Transit-Oriented Development Planning Study (TOD-PS,)
This study is being led by Monterey-Salinas Transit and is focused on promoting Transit-Oriented Development (TOD) and multimodal improvements in four study areas in the County of Monterey, including East Alisal Street. The TOD-PS project team will perform the following scope of services to deliver the TOD Planning Study:
8 1. Transportation evaluation: the project will identify and map existing transit, bicycle, pedestrian, and roadway networks along the SURF! corridor. The project will overlay existing and proposed network changes in ArcGIS for each of the four study areas and identify where gaps exist. The project will also compile current travel demand management (TDM) policies for development in cities along the corridors.
2. TOD opportunities and constraints: The report will review the findings of the land use and transportation evaluations to develop a high -level summar y of TOD opportunities and constraints for each of the study areas.
3. TOD opportunity sites: The project team will perform a spatial analysis in GIS of parcels in each of the four study areas to identify potential TOD sites around the SURF! BRT. The study will evaluate the potential for TOD on parcels in each study area based on parcel size, current land use and whether the parcel is vacant or not, zoning, parking requirements, and other land use metrics. The report will also assess if parcels have a historical or hazardous materials designation. This study will develop rates to estimate the number of residents, workers, parking demand, and trips for each of the four study areas by aggregating the parcels.
4. Identify potential multimodal access improvements and TDM programs: The project team will identify potential multimodal access improvements and TDM programs for each of the four study areas based on the scale of the potential TOD and the trip generation potential. The project team will develop one set of concept sketches for the recommended package of access infrastructure improvements for each of the four study areas. These improvements may include pedestrian and bicycle infrastructure such as new sidewalks, bicycle lanes, and bicycle parking; mobility hub amenities such as new pick-up/drop- off zones and bus stops; and other supportive treatments such as transit signal priority at traffic signals. The report will develop one set of recommended TDM programs and policies for each study area and identify implementation and funding strategies.
5. Develop a Project Implementation Strategy: The project will use the analysis described above to develop a project implementation strategy that identifies the most promising multimodal improvement packages and TDM programs that local jurisdictions should pursue. This strategy will include policy recommendations for implementing and funding multimodal improvements and TDM programs.
City of Salinas Active Transportation Plan (ATP)
The City of Salinas recently secured a Sustainable Communities grant to develop an Active Transportation Plan. 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 age ncy 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 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
9 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.
SECTION III PROPOSED PROJECT & SCOPE OF SERVICES
The primary objective of the Streetscape Master Plan is to further develop street concepts for the commercial arterial roads within the Alisal community, specifically East Market Street, Sanborn Road, East Alisal Street, and Williams Road. The Streetscape Master Plan will integrate the goals, policies and actions from the A VP, Vision Zero, Alisal Complete Streets, and all other referenced City Plans. Key A VP recommendations to be addressed in the Plan include the following goals.
1. Goal TI 1: Design and Maintain Safe Streets.
2. GOAL TI 2: Establish a Connected and Equitable Multimodal Transportation Network.
3. GOAL TI 3: Provide High Functioning Infrastructure and Attractive Streets with Pedestrian Amenities.
4. GOAL TI 4: Improve Parking Management for Both Residents and Businesses.
5. GOAL HS 1: Ensure that Streets, Parks, and Public Spaces in the Alisal are Safe.
6. GOAL YAP 5.2.a: Increase Transportation Options to Access Programs and Community Facilities. Ensure residents have safe, efficient, and affordable access to community facilities whether biking, walking, taking transit, or driving a car.
Development of the Streetscape Master Plan shall consider and support the following AVP goals which address housing and mixed-use production and redevelopment opportunities:
1. GOAL LU 3: Expand Mixed-Use Development to Increase Capacity for New Businesses, Services, and Housing.
2. GOAL LU 4: Redevelop the Alisal Marketplace as a Unique, Dynamic, Pedestrian- Oriented Urban District Connecting the Downtown and the Alisal.
3. GOAL HN 4.2: Facilitate the Production of Affordable Housing.
1. Project Management
The Consultant shall be responsible for project management and logistics. This includes meetings and ongoing coordination with City staff and decision- makers as required to move the project forward efficiently. This should include a kick -off meeting with the City project team and bi- monthly progress meetings or phone calls with the City’s Project Manager and others as needed.
The Consultant will be responsible for direct coordination with any sub consultants on the project team. The Consultant will be responsible for consistency with the other active AVP projects and integrating in the findings and recommendations as the other projects develop. The Consultant
10 shall also be responsible for monthly progress reports and invoices, staff reports, presentations, and resolutions, as well as ensuring legal public notices and consultation obligations are met.
Recommended Minimum Deliverables:
• Monthly invoices and progress reports (to include billing backup) • Meeting agendas and minutes summarizing action items
2. Data Gathering and Existing Conditions
The Consultant will compile all relevant and available data and information to create base maps and exhibits. This task will consist of data collection including assembling readily available as - built plans, utility records, right -of-way records, aerial ima gery, GIS data , and site visit photos.
The corridor areas will include the 400 – 1800 blocks of East Alisal Street, the 400 - 1300 blocks of East Market Street, the 300 block of South Sanborn Road – the 1200 block of North Sanborn Road, and the 0 – 700 blocks of Williams Road. After research is completed, surface information, and underground utility information will be added to the aerial base maps.
The base map will display a 200-foot buffer around the corridor areas. The base map will include line work and text annotation added in AutoCAD format using layers indicating the type of facility being shown (e.g., gas, electric, sewer, spots, walls, etc.). Drawings shall use NAD83 CCS Zone IV, with NAVD 88 elevations as the basis of control.
The Consultant will compile all relevant and available traffic data and information to create base traffic models. This task will consist of data collection including assembling readily available traffic counts, collision records, and MST routes, existing bus stops, and ridership data. If necessary, the consultant shall secure new traffic counts for intersections and crosswalks where no data is available. After research and compilation is completed, peak hour turn movement data will be incorporated into the City’s Synchro/SimTraffic model. Collision diagrams and heat map exhibits will be developed. Transit exhibits will identify route alignments, route frequencies, bus stop locations, and ridership data.
Recommended Minimum Deliverables:
• Base Maps
• Traffic Counts
• Collision Diagrams and Heat Maps
• Transit Exhibits
3. Streetscape Concepts
Based on the goals and concepts from the AVP, the Consultant will develop streetscape concepts plans for each corridor. These concepts will include illustrative street cross sections and streetscape element options for selection input by stakeholders. These concepts will illustrate the following:
11 1. Street Configuration
a. Number of and type of travel lanes
b. Width of lanes, medians, sidewalks, on-street parking, and bicycle facilities c. Access management plan
d. Street cross-section
2. Intersection configuration
a. Intersection control type
b. Number of approach lanes and turn pockets
c. Pedestrian and bicycle facilities
d. Transit signal features
e. Turn restrictions
3. Transit Facilities
a. Location of proposed bus stops and bus stop type
b. Opportunities for transit priority and bus rapid transit features
4. Sidewalk Programing
a. Locations for street trees and landscaping opportunities b. Locations for street furniture including benches, trash receptacles, planters, urban fencing, wayfinding signs, sidewalk cafés, and kiosks opportunities
5. Opportunities for Gateways and Public Art
b. Identify locations where gateways and public art can be programmed within the streetscape layout
Recommended Minimum Deliverables:
• Alternative streetscape concepts
4. Community Engagement Strategy
The critical component for the Streetscape Master Plan’s success is developing a strategy for continuing the momentum of community engagement that began with the AVP, Alisal Complete Streets,, the General Plan Update, and the MST TOD Planning Study. The consultant will be responsible for developing the community engagement strategy with input from City staff. City staff will be responsible for leading community engagement activities with the Alisal community.
The Consultant shall assist with creating presentations, materials for workshops, social media, surveys, and other engagement tools, and assisting with developing strategies to communicate the streetscape alternative concepts in way s that connect and can be understood by the Alisal community and project stakeholders. All community engagement material and graphics shall be bilingual.
The City envisions the community engagement process as a three (3) step process.
Step 1: Initial Streetscape Concept
The initial streetscape concepts shall be pre sented to the community at either virtual or in- person workshops. As part of this process, Synchro/SimTraffic or Vissim models will be developed for each of the initial concepts. The material will be made available online and
12 accessible through social media. The consultant shall prepare a survey to gather community feedback on the initial streetscape concepts. The survey shall be accessible online and through social media for at least four weeks. The consultant shall compile all of the community feedback and develop recommendations to the initial streetscape concepts.
Step 2: Alternative Streetscape Concepts
Using the recommendations developed from the community survey the consultant shall develop alternative streetscape concepts (up to three for each corridor). As part of this process, Synchro/SimTraffic or Vissim models will be developed for each of the alternative streetscape concepts. The alternative streetscape concepts shall be presented to the community at either virtual or in -person workshops. The material will be made available online and accessible through social media. The consultant shall prepare another survey to gather community feedback and to identify the preferred streetscape alternative concept. The survey shall be accessible online and through social media for at least six weeks. The consultant shall compile all of the survey feedback to identify the consensus from the community for the preferred alternative streetscape concept for each of the four corridors.
Step 3: Draft Streetscape Master Plan
Once the community has reached a consensus on the preferred alternative streetscape concept, the consultant will further refine the streetscape concept and integrate the final recommendations from the ADIMP into a Draft Streetscape Master Plan. Once the refinements have been made to the plan, the Draft Streetscape Master Plan will be presented to the community and stakeholders group as a virtual and recorded community meeting. Initial feedback and questions will be collected during the meeting and through an online portal, and a follow-up meeting will be held approximately four (4) weeks later.
Recommended Minimum Deliverables:
• Community engagement strategy developed with staff
• Materials for “Pop-ups” at neighborhood gathering places and events • Materials for in-person and/or community workshops
• Surveys to collect feedback on streetscape concepts
• Attend up to four (4) virtual community meetings and two (2) in-person workshops • Alternative streetscape concepts
• SimTraffic or Vissim video simulation files
• Draft Streetscape Master Plan
5. Final Streetscape Master Plan
The consultant shall develop a Final Streetscape Master Plan that reflects design decisions and input received during the community engagement phase of the Project. After all of the final refinements have been made, the consultant shall prepare a basis of design technical memo describing why specific design decisions were made. The consultant shall also produce an itemized Opinion of Probable Construction Costs. The Final Streetscape Master Plan will be the basis of design for the next phase of the Projec t as it enters into Final Plans, Specifications, and Estimate (PS&E).
13 The final streetscape plan will include consideration of:
1. Street Configuration
a. Number of and type of travel lanes
b. Width of lanes, medians, sidewalks, on-street parking, and bicycle facilities c. Access management plan
d. Street cross-section
2. Intersection configuration
a. Intersection control type
b. Number of approach lanes and turn pockets
c. Crosswalk locations and traffic control devices
d. Bicycle facilities and traffic control devices
e. Transit signal features
f. Turn restrictions
3. Transit Facilities
a. Location of proposed bus stops and bus stop type
b. Transit priority and bus rapid transit features
4. Sidewalk Programing
a. Location and spacing of street trees and tree types
b. Location of landscaping and landscaping palette
c. Locations of street furniture including benches, trash receptacles, planters, urban fencing, wayfinding signs, sidewalk cafés, and kiosks
d. Decorative sidewalk or pavers
5. Opportunities for Gateways and Public Art
a. Identify locations where gateways and public art can be programmed within the streetscape layout
6. Lighting
a. Location of street lighting and pedestrian oriented lighting b. Decorative accent lighting
7. Stormwater facilities
a. Review and coordination of grading and drainage issues for incorporation of storm water best management practices into the initial streetscape concepts
8. Public Utilities
a. Review and coordination with utility providers and City Public Works staff on corridor utility issues and requirements
9. Opinion of Probable Construction Costs
a. Itemized quantities with estimated unit construction costs
10. Short to long-term Maintenance Discussion/Consideration & Funding Opportunities?
The Final Streetscape Master Plan will be presented to the Traffic and Transportation Commission, and the Planning Commission prior to bringing the item to City Council for adoption.
Recommended Minimum Deliverables:
14 • Final Streetscape Master Plan
• Basis of Design Technical Memo
• Opinion of Probably Construction Costs
• Short to long- term Maintenance Discussion/Consideration & Funding Opportunities?
SECTION IV PROPOSAL FORMAT
In order to expedite and maintain consistency in the evaluation process, each proposal to this RFP shall be organized in accordance with this section. Proposals shall be limited to 10 pages , not including the appendices. Proposal submissions shall contain thorough description of the information in the order presented below. Proposals shall be scored
1. Brief Cover Letter/Letter of Introduction
2. Executive Summary
3. Lead Project Contact Information
• Name, title and telephone number of the prospective consultant’s designated lead contact person for communications pertaining to this proposal
4. Project Team (20 points)
• Description of team members assigned to the project and their respective roles. It is expected that once the analysis begins, the project team will remain in place until the work is completed. Please include statements regarding the availability and length of commitment of the proposed staff if they are not available for the duration of this project • Organizational chart illustrating team members assigned to the project and their respective roles
• A brief biography of each team member including their years of experience and years with the firm
• Identification of specific sub- contractors who will be assigned to the project, and their specific roles and responsibilities
5. Firm Experience and Qualifications (30 points)
• A general description of the services provided by the proposer’s firm and subconsultant; the qualifications of each team member providing the requested services and their experience working with municipal departments, commissions, elected officials, community-based organizations, and community members
• A list of representative projects completed b y the firms and individuals proposed to work on this project that best exemplify the work requested in this RFP • For each project reference, include the project name, the client contact, the client’s phone number and email, the dates the work was accomplis hed, and a brief description of the work accomplished. The City will contact project references to rank the RFP. • Consultant and sub-consultant link samples for similar projects
6. Understanding of the Scope of Work including Tasks and Deliverables (30 points)
15 • A narrative describing the approach and work plan, including any studies for completing the scope of work. On a per task basis the narrative should identify the designated team member(s) responsible for completing the work, specif ic deliverables, and the number of meetings attended
• A description of the proposed community engagement strategy to actively engage with the Alisal community and stakeholders including City officials, local business representatives, and community residents.
• Any additional suggestions Consultant believes would be valuable to include in this effort and any suggestions for further clarifying the scope or work and the usefulness of the product.
8. Project Schedule (10 points)
• Include timeframe for completion of tasks, including milestone dates for primary deliverables
• Include discussion of where the project timeline may slip or is susceptible to delay if assumptions are not met relative to project task completion. As it is anticipated the project will have an assertive schedule, it is important for the City to understand the proposer’s expectations for City staff document review timeframes included in this schedule. • For project management purposes, the schedule should indicate how often there are meetings with City staff, as well as, the duration and number of other proposed meetings, including community, Commission, and City Council.
9. Sealed Cost Proposal
• A detailed budget estimate in matrix form including the hourly rates and time commitments for all team members and sub-consultants by task for the project • Denote any proposed optional tasks
• Include similar information for any sub-contractor or direct costs
Appendix
• A signed copy of any RFP addendum shall be included in the proposal • Key staff resumes
• Requested modifications to the City’s standard agreement (Attachment A)
• Declaration of Local Business Form (Attachment B)
The City reserves the right to request additional information during the evaluation and selection, process and to require substantially more extensive and detailed information in the course of any subsequent contract negotiations.
SECTION V SELECTION PROCESS
All proposals received by the due date will be evaluated by the City. Only information which is received in response to the RFP or any subsequent interview or information request will be
16 evaluated. The City will evaluate the responses of each proposal in several critical areas, including:
• Demonstrated understanding of the scope of work and Consultant’s proposed methodology and familiarity with applicable practices and methodologies for the proposed work; • Past experience, performance, and ability of Consultant to deliver high quality, innovative work for relevant projects of similar complexity in diverse communities • Project references and past performance including: quality of work; cost control; schedule control, track record for meeting scheduled milestone dates; and quality of performance in previous contracts;
• Experience working in culturally diverse urban communities; • Ability to effectively communicate and illustrate ideas to a wide range of audiences; • Expertise in transportation planning and traffic modeling; • Ability to create and use graphics and simulation models for innovative and user -friendly engagement materials;
• Adequate technical, financial, and staffing resources for completion of the scope of work within the proposed time schedule;
• Demonstrated qualification of the p roject leader and assurance of his or her principal involvement in the project through completion;
• Availability and capacity to move the project forward and the flexibility to adjust quickly to changes in a complex community environment; and
• Organization, presentation, and content of proposal: conformance to the specified RFP format.
Scoring
Responses will be evaluated against the Submission Requirements. The rating and raking evaluation will be weighted as follows:
Criteria Points
Project Team 20
Experience and Qualifications (includes reference check) 30 Understanding of the Scope of Work including task and deliverables 30 Project Schedule 10
Completeness and Quality of the Proposal 10
*10% Local Preference (if applicable) 10%
Total 110
The City of Salinas conducts a local business preference program and strongly encourages all local businesses to participate by responding to this RFP. Businesses are required to submit a Local Business Enterprise form to the City’s Finance Department on an annual basis and shall notify of the Finance Director if circumstances change the business’ eligibility for local preference consideration. In the event the business has not submitted the form, there is one provided in Attachment B. It must be complete d and submitted with the RFP proposal to be considered a
17 Local Business.
If as described in Municipal Code Section 12- 28.020 the six criteria are met, the Proposal will receive local preference points equal to 10% of the total possible points pursuant to the provisions of Municipal Code Section 12-28.040: “Where competitive bidding is used for services, the local preference for best qualified and responsive bidder, who qualifies as a local business, will receive ten percent of the total points.”
Top rated proposals will be invited to an oral interview.
PROPOSAL DUE DATE, DELIVERY AND AWARD
Proposed Selection Schedule
Deadline for Submitting Written Questions: January 13, 2023 City’s Response to Written Questions: January 20, 2023 Deadline for Submission of Proposals: January 26, 2023
Tentative Selection Interview Dates: Week of February 6, 2023 Notification of Recommendation for Selection: Week of February 20, 2023 Final Selection: March 7, 2023
Submittal Requirements
Proposals shall be submitted to the City Clerk’s office no later than 1:00 p.m. Pacific Standard Time on January 26, 2023. Proposals and any accompanying documents should be submitted in a sealed envelope with the words “ Alisal Vibrancy Plan: Streetscape M aster Plan Proposal” clearly marked in the lower left-hand corner of the envelope. It is the Responder’s responsibility to ensure that their proposal is received by the City in accordance with this RFP , prior to the designated date and time. Cost proposals must be included in a separate sealed envelope.
The City will not be accepting electronic proposals. Postmarks will not be accepted in lieu of actual delivery. All proposals shall become the property of the City. Late proposals will not be accepted or considered and will not be returned.
Mailing Address:
City Clerk
City of Salinas
200 Lincoln Avenue
Salinas, CA 93901
CONTACT INFORMATION
All questions regarding this project shall be submitted to the City of Salinas through the project page on the PlanetBids website. The City encourages all interested Consultants to submit
18 questions as soon as possible. Questions received after the date stated above shall not be answered.
All registered Prospective Proposers for this project will receive an email notification once a response to a question has been posted on the PlanetBids web site.
Award of Contract
It is anticipated that a final decision regarding contract awards will be made by the Salinas City Council at the March 7, 2023, meeting.
CONDITIONS OF REQUEST
General Conditions
The City reserves the right to cancel or reject all or a portion or portions of the Request for Proposals without notice. Further, the City makes no representations that any agreement will be awarded to any organization submitting a proposal. The City reserves the right to reject any and all proposals submitted in response to this request or any addenda thereto.
Any changes to the proposal requirements will be made by written addendum published to the PlanetBids website.
Liability of Costs and Responsibility
The City shall not be liable for any costs incurred in response to this Request for Proposals. All costs shall be borne by the person or organization responding to the request. The person or organization responding to the request shall hold the City harmless from any and all liability, claim or expense whatsoever incurred by or on behalf of that person or organization. All submitted material becomes the property of the City of Salinas.
The selected proposer will be required to assume responsibility for all services offered in the proposal whether or not they possess them within their organization. The selected proposer will be the sole point of contact with regard to contractual matters or other liabilities, including payment of any and all charges resulting from the contract.
Public Nature of Proposal Material
R
esponses to this Request for Proposals become the exclusive property of the City. At such times as a formal recommendation to award an agreement to one proposers is made to the awarding authority, all submittals received in response to this Request for Proposals become a matter of public record and shall be regarded as public records, with the exception of those elements in each submittal which are defined by the proposer as business or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary”, unless disclosure is required under the California Public Records Act or other applicable law. Any submittal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Proprietary,” shall be regarded as non-responsive.
19 Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a proposer submits is a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” or “Proprietary,” the City will provide the proposer who submitted the information with reasonable notice to allow the proposer to seek protection from disclosure by a court of competent jurisdiction.
Validity
The proposer agrees to be bound by its proposal for a period of ninety (90) days commencing from the date proposals are due, during which time the City may request clarification or correction of the proposal for the purpose of evaluation. Amendments or clarifications shall not affect the remainder of the proposal, but only the portion so amended or clarified.
Permits and Licenses
Proposer, and all of proposer’s subcontractors, at its and/or their sole expense, shall obtain and maintain during the term of any agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License, which will be required in connection with the performance of services hereunder.
Oral and Written Explanations
The City will not be bound by oral explanations or instructions given at any time during the review process or after the award. Oral explanations given during the review process and after award become binding only when confirmed in writing by an authorized City official. Written responses to question(s) asked by one proposer will be provided to all proposers who received this Request for Proposals.
Proposer’s Representative
The person signing the proposal must be a legal representative of the firm authorized to bind the firm to an agreement in the event of the award.
Insurance
General liability, automobile, professional liability, and workers’ compensation insurance are required if selected
Attachments:
Attachment A: City’s standard agreement
Attachment B: Declaration of Local Business Form
Form: Professional Services Agreement v. January 2021 Page 1 of 16 [Consultant Name]
[Agreement Month and Year]
AGREEMENT
FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF SALINAS AND
[CONSULTANT’S LEGAL NAME *]
Form: Professional Services Agreement v. January 2021 Page 2 of 16 [Consultant Name]
[Agreement Month and Year]
Contents
RECITALS ..................................................................................................................................... 4 TERMS ........................................................................................................................................... 4
1. Scope of Service. ................................................................................................................. 4
2. Term; Completion Schedule. ............................................................................................... 4
3. Compensation. ..................................................................................................................... 4
4. Billing. ................................................................................................................................. 4
5. Meet & Confer. .................................................................................................................... 5
6. Additional Copies................................................................................................................. 5
7. Responsibility of Consultant. ............................................................................................... 5
8. Responsibility of City. ......................................................................................................... 5
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. ............................................................................................................... 6
14. Changes to Scope of Work. ................................................................................................. 6
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. ....................................................................................... 8
21. Jurisdiction and Venue. ........................................................................................................ 8
22. Severability .......................................................................................................................... 8
23. Notices. ................................................................................................................................ 9
24. Nondiscrimination................................................................................................................ 9
25. Conflict of Interest. .............................................................................................................. 9
26. Headings. ........................................................................................................................... 10
27. Attorneys’ Fees .................................................................................................................. 10
28. Non-Exclusive Agreement. ................................................................................................ 10
29. Rights and Obligations Under Agreement. ........................................................................ 10
30. Licenses.............................................................................................................................. 10
31. Counterparts. ...................................................................................................................... 10
Form: Professional Services Agreement v. January 2021 Page 3 of 16 [Consultant Name]
[Agreement Month and Year]
32. Legal Representation. ........................................................................................................ 10
33. Joint Representation. .......................................................................................................... 10
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 [Consultant Name]
[Agreement Month and Year]
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND [EXACT LEGAL NAME]
This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this ____ day of ______, 201_, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and [EXACT LEGAL NAME], a [California corporation/limited liability company/dba/etc.] (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. S cope 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. T
erm; Completion Schedule. This Agreement shall commence on [XXX], and shall terminate on [XXX], 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 of [or as set forth in Exhibit B]. The total amount of compensation to be paid under this Agreement shall not exceed [fifty thousand dollars ($50,000)].
4. B
illing. 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
Form: Professional Services Agreement v. January 2021 Page 5 of 16 [Consultant Name]
[Agreement Month and Year]
(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.
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.
Form: Professional Services Agreement v. January 2021 Page 6 of 16 [Consultant Name]
[Agreement Month and Year]
(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 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 Consultant (aka 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. 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
Form: Professional Services Agreement v. January 2021 Page 7 of 16 [Consultant Name]
[Agreement Month and Year]
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 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
Form: Professional Services Agreement v. January 2021 Page 8 of 16 [Consultant Name]
[Agreement Month and Year]
(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 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.
Form: Professional Services Agreement v. January 2021 Page 9 of 16 [Consultant Name]
[Agreement Month and Year]
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:
[Insert Notice Contact Information for Consultant including Title, Address, Email, and Phone # (in same format as (A) above)]
(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
Form: Professional Services Agreement v. January 2021 Page 10 of 16 [Consultant Name]
[Agreement Month and Year]
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, 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.
Form: Professional Services Agreement v. January 2021 Page 11 of 16 [Consultant Name]
[Agreement Month and Year]
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:
_________________________
□ Christopher A. Callihan, City Attorney, or
□ Rhonda Combs, Assistant City Attorney
CONSULTANT
___________________________________
By (Printed Name): ___________________
Its (Title): ___________________________
Form: Professional Services Agreement v. January 2021 Page 12 of 16 [Consultant Name]
[Agreement Month and Year]
Form: Professional Services Agreement v. January 2021 Page 13 of 16 [Consultant Name]
[Agreement Month and Year]
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).
Form: Professional Services Agreement v. January 2021 Page 14 of 16 [Consultant Name]
[Agreement Month and Year]
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.
Form: Professional Services Agreement v. January 2021 Page 15 of 16 [Consultant Name]
[Agreement Month and Year]
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.
Form: Professional Services Agreement v. January 2021 Page 16 of 16 [Consultant Name]
[Agreement Month and Year]
Exhibit B- Scope of Service
[Scope of Service; Compensation]
CITY OF SALINAS
DECLARATION OF LOCAL BUSINESS ENTERPRISE
Business Information (All information must be completed) (Please type or print clearly in ink)
Business Name: _____________________________________________________________________
Business Address: ___________________________________________________________________
Local Business Office Address: ________________________, Salinas, California _________
City of Salinas Business License Number: ______________________________________________
No. of Employees: ______________ No. of Full-Time Employees in Salinas ________________
Current on all City of Salinas taxes, fees, assessments, and fines? □ Yes □ No
Currently subject to enforcement action by the City or in litigation with the City? □ Yes □ No
Year began doing business within the city of Salinas: ____________
Newly established business (doing business within the city of Salinas less than one year): is the newly established business owned by an individual(s) formerly employed by a local business enterprise? □ Yes □ No If Yes, for what years? _________________________________
Any person claiming to be a local business enterprise as defined in Article III-A of Chapter 12 of the Salinas Municipal Code shall so certify in writing under penalty of perjury that they meet all the criteria listed in Salinas Municipal Code section 12 -28.020, subsection (d). A local business enterprise shall be required to submit such declaration on an annual basis and shall immediately notify the City’s Purchasing Officer if there is any change in circumstances whic h would disqualify it from application of the preference. The City shall not be responsible or required to verify the accuracy of any such certifications and shall have sole discretion to determine if a person meets the definition of “local business enterprise.”
CERTIFICATION
I declare that I am 18 years of age or older and the information contained in the foregoing application is true and correct to the best of my knowledge. Under penalties of perjury, I certify that all the information provided herein is correct and that the business enterprise I am representing meets all of the criteria set forth in Salinas Municipal Code section 12-28.020, subsection (d) for a “local business enterprise.” I declare that I am authorized to submit this Declaration for and on behalf of myself and the organization described above.
Signature ________________________________ Date ___________________________
Printed Name: ____________________________