Salinas City Council
October 24, 2023

Version: November 2022
AGREEMENT —AMENDMENT NO. 1 TO

LANDSCAPE MAINTENANCE SERICES FOR CITY PARKS AND FACILITIES

BETWEEN
SMITH & ENRIGHT LANDSCAPING, INC. AND CITY OF SALINAS
This Amendment No. 1 to the Landscape Maintenance Services for City Parks and Facilities (the “Amendment”) is deemed to have been entered in to on the 1st day of July 2023, by and between the City of Salinas (the “City”) and Smith & Enright Landscaping, Inc., (the “Contractor”). City and Contractor may be individually referred to herein as a “Party” and collectively the City and Contractor may be referred to as the “Parties.”

RECITALS
WHEREAS, the City and Contractor first entered into an Agreement for Landscape Maintenance Services for City Parks and Facilities effective 29th day of June, 2022, pursuant to which Contractor agreed to act as and provide certain services to the City for compensation (the “Agreement”); and WHEREAS, the City and Contractor desire to amend the Agreement to include an additional annual amount not to exceed $50,000 for general irrigation repairs to City parks and facilities as needed.

NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:

TERMS

1. The Agreement, Payment section, is amended to the following:

City agrees to pay and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, not to exceed Six Hundred Ninety Thousand and Two Hundred Fifty-One Dollars ($690,251) annually for the remaining two years of a three year period, for a total amount of compensation not to exceed Two Million Seventy Thousand Seven Hundred and Fifty Three ($2,020,753) for the three-year term.

Contractor has no right of reimbursement for expenses under this Agreement. Compensation shall become due and payable 30 days after City’s approval of Contractor’s submission of monthly written invoices to the City. The payment of any compensation shall be contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.

2. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.

IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Contractor have entered into this Agreement as of the date first written above.

CITY OF SALINAS
___________________________________
Jim Pia, Interim City Manager
APPROVED AS TO FORM:

Version: November 2022
___________________________________
□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney

CONTRACTOR
____________________________________
Printed name: James Smith
Title: President
____________________________________
Printed name: Richard Enright
Title: Vice President
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-630, Version: 1
Annual Maintenance Service Agreement with EnvisionWare, Inc. for Library Automated Self-Checkout System
Approve a Resolution authorizing the Interim City Manager to enter into a service agreement with EnvisioinWare, Inc. for annual maintenance of the Library Automated Self-Checkout System in the amount of $33,219.97.

City of Salinas Page 1 of 1 Printed on 10/19/2023
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Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: OCTOBER 24, 2023
DEPARTMENT: LIBRARY & COMMUNITY SERVICES
FROM: KRISTAN LUNDQUIST, DIRECTOR
TITLE: ANNUAL MAINTENANCE SERVICE AGREEEMENT WITH
ENVISIONWARE, INC. FOR LIBRARY AUTOMATED SELFCHECK OUT SYSTEM RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the Interim City Manager to enter into a service agreement in the amount of $33,219.97 with EnvisionWare, Inc. for annual maintenance of the Library Automated Self-Checkout System.

RECOMMENDATION:

Staff recommends the City Council approve a Resolution authorizing the Interim City Manager to enter into a service agreement with EnvisionWare, Inc. for annual maintenance of the Library Automated Self-Checkout System.

BACKGROUND
In July 2017, the City entered into an Agreement with EnvisionWare, Inc. of Duluth, Georgia for the purchase of technology, supplies, professional services, and hardware/software maintenance to facilitate the installation of RFID/self-service technology systems for the Library & Community Services Department.

One of the greatest advantages of RFID technology in libraries is the ease and speed of checkout.

A stack of RFID-equipped books can be read and checked out at the same time, and because the technology is easy to use, is fast, and customers are easily able to serve themselves. Check-in is also made much faster and easier with an RFID system. A self-check machine with e-commerce technology installed, as well as a coin and bill change, allows for customers to also pay fines and fees quickly and easily without staff intervention.

DISCUSSION:

Maintenance of the automated self-checkout system is required annually. EnvisionWare, Inc. has provided a quote for this year’s maintenance totaling $33,219.97.

Page | 2
Consistent with Purchasing Policies and Ordinance (2576) Service Agreements in the amount of more than $30,000 require City Council approval.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

This action is consistent with the City Council Goals of:
 Infrastructure and Environmental Sustainability
 Effective and Culturally Responsive Government
DEPARTMENT COORDINATION:

The Library & Community Department will work with the City Attorney’s Office on execution of the Agreement.

FISCAL AND SUSTAINABILITY IMPACT:

Funds are available and appropriated in 1100.60.6009-63.4980. No additional funding is required at this time.

ATTACHMENTS:

Agreement
Resolution
EnvisionWare, Inc. Quote
RESOLUTION NO. _________(N.C.S.)

A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO APPROVE AN AGREEMENT FOR SERVICES WITH ENVISIONWARE, INC. FOR ANNUAL

MAINTENANCE OF THE LIBRARY AUTOMATED SELF-CHECK OUT SYSTEM WHEREAS, in July 2017, the City entered into an Agreement with EnvisionWare, Inc. of Duluth Georgia for the purchase of technology, supplies, professional services and hardware/software maintenance to facilitate the installation of RFID/self-service technology systems for the Library & Community Services Department; and
WHEREAS, maintenance of the automated self-checkout system is required annually; and WHEREAS, EnvisionWare, Inc., has provided a quote for annual maintenance of the automated self-checkout system in the amount of $33,219.97; and
NOW THEREFORE, BE IT RESOLVED BY THE SALINAS CITY COUNCIL that the Interim City Manager is authorized to execute Agreement with EnvisionWare, Inc., for annual maintenance of the library automated self-checkout system in the amount of $33,219.97.

PASSED AND APPROVED this 24
th day of October, 2023 by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:
________________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Agreement for Services v. November 2022 Page 1 of 9
[Contractor Name]
[Month and Year of Agreement]

AGREEMENT FOR SERVICES BETWEEN

THE CITY OF SALINAS AND ENVISIONWARE
Annual Maintenance for Library Automated Self-Check Out System THIS AGREEMENT is executed this ____ day of ___________, 20__, (“Agreement” or “Contract”) between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”) and EnvisionWare, Inc., a State of Georgia Domestic Profit Corporation (hereinafter “Contractor”).

IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:

1. Scope. Contractor hereby agrees to provide to the City, as the scope of services under this Agreement, the following services: annual maintenance of the Library automated self-check out system at John Steinbeck, Cesar Chavez and El Gabilan Libraries. Scope of work is further outlined in Contractor’s Quotes #77849 (attached).

2. Timeliness. Contractor shall perform all tasks in a timely fashion, as set forth more specifically in Section 3 below. Failure to so perform is hereby deemed a material breach of this Agreement, and City may terminate this Agreement with no further liability hereunder, or the city may agree in writing with Contractor to an extension of time.

3. Term. The work under this Agreement shall be deemed to have commenced June 1, 2023 and shall be completed by May 31, 2024 unless City grants a written extension of time as set forth in Section 2 above.

4. Payment. City agrees to pay and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, Thirty Three Thousand Two Hundred Nineteen Dollars and Ninety Seven Cents ($33,219.97), as more fully described in the attached Quote. Contractor has no right of reimbursement for expenses under this Agreement.

Compensation shall become due and payable 30 days after City’s approval of Contractor’s submission of monthly written invoices to the City. The payment of any compensation shall be contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.

5. Meet & Confer. Contractor agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by City to insure timely and adequate performance of this Agreement.

6. Insurance. Contractor shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Attachment A hereto.

Agreement for Services v. November 2022 Page 2 of 9
[Contractor Name]
[Month and Year of Agreement]

7. Indemnification. Contractor shall hold harmless, defend at its own expense, and indemnify City and its officers, officials, employees, agents, and volunteers from and against all liability, claims, damages, losses, and/or expenses including reasonable City attorney fees arising from all acts or omissions of Contractor or its officers, agents, or employees arising out of the performance of the work under this Contract, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the sole negligence or willful misconduct of the City.

8. Licensing. Contractor warrants that it is properly licensed to perform the work specified under this Agreement, including but not limited to possession of a current City business license.

9. Termination. City may terminate this Agreement upon ten days’ written notice. The amount of damages, if any, as a result of such termination may be decided by negotiations between the parties or before a court of competent jurisdiction.

10. Agency. In performing the services specified under this Agreement, Contractor is hereby deemed to be an independent contractor and not an agent or employee of City.

11. Non-Assignability. The rights and obligations of Contractor hereunder are not assignable and cannot be delegated without written consent of City.

12. Entire Agreement. This Agreement constitutes the entire Agreement between the parties hereto and supersedes any and all prior agreements, whether oral or written, relating to the subject matter thereof. Any modification of the Agreement will be effective only if it is in writing signed by both parties hereto.

13. Validity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way.

14. Counterparts. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts.

15. Laws. Contractor agrees that in the performance of this Agreement it will comply with all applicable State, Federal and local laws and regulations. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.

IN WITNESS WHEREOF, this Agreement is entered into by the parties hereto on the day and year first written above.

Agreement for Services v. November 2022 Page 3 of 9
[Contractor Name]
[Month and Year of Agreement]

CITY OF SALINAS
__________________________________
Jim Pia
Interim City Manager
APPROVED AS TO FORM:
_________________________________
Christopher A. Callihan, City Attorney, or
Rhonda Combs, Assistant City Attorney

CONTRACTOR
___________________________________
By (Printed Name):___________________
Its (Title):___________________________
Agreement for Services v. November 2022 Page 4 of 9
[Contractor Name]
[Month and Year of Agreement]
Attachment A
Insurance Requirements
Contractor shall procure and maintain for the duration of the contract, and for three years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his/her/its officers, agents, representatives, employees, and/or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, on an annual basis.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Contractor requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by Agreement for Services v. November 2022 Page 5 of 9
[Contractor Name]
[Month and Year of Agreement]
or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.

4. A copy of the claims reporting requirements must be submitted by Contractor to the City.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractor’s Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including an additional insured endorsement and all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins.

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Maintenance of Insurance
Maintenance of insurance by Contractor as specified shall in no way be interpreted as relieving Agreement for Services v. November 2022 Page 6 of 9
[Contractor Name]
[Month and Year of Agreement]
Contractor of its indemnification obligations or any responsibility whatsoever and the Contractor may carry, at its own expense, such additional insurance as it deems necessary.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. [INSTRUCTIONS TO CITY STAFF: SURETY BONDS ARE REQUIRED FOR CERTAIN PUBLIC WORKS CONTRACTS. PAYMENT BONDS REQUIRED FOR PUBLIC WORKS CONTRACTS OVER $25K (SEE: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=9550) AND

PERFORMANCE AND MAINTENANCE BONDS NECESSARY IF REQUIRED BY CITY

CODE OR DEPARTMENTAL POLICY OR BEST PRACTICES FOR PUBLIC WORKS PROJECTS. OTHERWISE, DELETE IF INAPPLICABLE:

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Payment bond

2. Performance bond

3. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty, a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

INSTRUCTIONS TO CITY STAFF: BUILDER’S RISK APPLIES TO NEW OR MAJOR CONSTRUCTION. DELETE IF INAPPLICABLE, CONTACT LEGAL IF QUESTIONS:

Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.

Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.

If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, Agreement for Services v. November 2022 Page 7 of 9
[Contractor Name]
[Month and Year of Agreement]
machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.

INSTRUCTIONS TO CITY STAFF: PROFESSIONAL LIABILITY WILL GENERALLY ONLY APPLY TO A CONSTRUCTION CONTRACT IF DESIGN/BUILD; DELETE IF INAPPLICABLE, CONTACT LEGAL IF QUESTIONS:

Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

INSTRUCTIONS FOR STAFF: FOR HIGHER RISK OR HIGHER DOLLAR AMOUNT

CONTRACTS, INSURANCE LIMITS REQUIRED FOR GENERAL LIABILTIY SHOULD BE CHANGED TO MINIMUM OF $5,000,000 AND AUTO LIABILITY TO A MINIMUM LIMIT OF $2,000,000.]
Sexual Abuse and Molestation (“SAM”) insurance coverage in a minimum amount of $1,000,000 per occurrence, placed on an occurrence-based policy form is required if Contractor is providing services involving minors.

Agreement for Services v. November 2022 Page 8 of 9
[Contractor Name]
[Month and Year of Agreement]
Attachment B
Agreement for Services v. November 2022 Page 9 of 9
[Contractor Name]
[Month and Year of Agreement]
Attachment C
Renewal Quotation US-77849
06/01/2023
US-77849
1 of 7
Bill To End User TOTAL
Salinas Public Library - John Steinbeck Library
350 Lincoln Avenue
Salinas CA 93901
United States
Salinas Public Library
110 West San Luis Street
Salinas CA 93901
United States
$33,219.97
Due no later than: 05/31/2023
Currency PO # Created From Sales Rep
US Dollar D'Alessandro, Ted
EnvisionWare Renewal
Qty Item Term Serial Numbers Location
Address Unit Price Amount Start Date
End Date
Renewal
Category
2 WM-SSC-X11-KTS#-BK-WH *MX915 v4
1 YR MAINTENANCE: X11 Kiosk - Software Included w/
Terminal Mount. Version 4.
12 El Gabilan
Library
$711.90 $1,423.80 06/01/2023
05/31/2024
Maint.
1 WM-SSC-X11-KVTS#-BK-WH (**USD) 3T *MX915
(N) v4
1 YR MAINTENANCE: SSC Vending Xiosk v4; USD 3T
*MX915; Network Capable; Plus Software; *MX915; Black
with White
12 El Gabilan
Library
$1,077.30 $1,077.30 06/01/2023
05/31/2024
Maint.
2 WM-RFID-GATE 3D-R-U 2-Aisle (B)
1 YR MAINTENANCE: EnvisionWare MASTERSERIES
ULTRA TRANSPARENT RFID Gates (2-Aisle), Version B
12 , El Gabilan
Library
$578.97 $1,157.94 06/01/2023
05/31/2024
Maint.

Renewal Quotation US-77849
06/01/2023
US-77849
2 of 7
Qty Item Term Serial Numbers Location
Address Unit Price Amount Start Date
End Date
Renewal
Category
1 WM-SOI-AMH-2K 13407
1 YR MAINTENANCE: AMH Gen2000 RFID Sorting
System: 08-Bin, (1) Patron Inlet (Internal), (1) Patron Inlet (External), and (1) Staff Inlet
12 El Gabilan
Library
$17,271.00 $17,271.00 06/01/2023
05/31/2024
Maint.
1 WM-ECS-SelfServ Bldg [Addl]
1 YR MAINTENANCE: EnvisionWare eCommerce
Services - Additional Buildings
12 El Gabilan
Library
$124.06 $124.06 06/01/2023
05/31/2024
Maint.
1 WM-LDS Bundle: Complete System (*Std)-U
(E)
1 YR MAINTENANCE: Library Document Station (LDS),
Rev E, 11X17 flatbed scanner / 21.5" Display
12 El Gabilan
Library
$574.56 $574.56 06/01/2023
05/31/2024
Maint.
1 WM-LDS COM: ADF (*Std) 11X17
1 YR MAINTENANCE: Library Document Station (LDS) -
Automatic Document Feeder 11x17
12 El Gabilan
Library
$100.17 $100.17 06/01/2023
05/31/2024
Maint.
1 WM-CBA-V/N *USD-3T PC
1 YR MAINTENANCE: CBA Series V PRINT MODE
Network-connected 3-Tube Coin & Bill Acceptor [US
Currency]
12 El Gabilan
Library
$362.25 $362.25 06/01/2023
05/31/2024
Maint.
9 WM-RFID-READER-KIT PL DeskPad BL-U (B)
1 YR MAINTENANCE: EnvisionWare DeskPad RFID
Reader Kit in acrylic black enclosure, Version B
12 Main (shipping) $50.40 $453.60 06/01/2023
05/31/2024
Maint.
1 WM-ECS-SelfServ Bldg [1st]
1 YR MAINTENANCE: EnvisionWare eCommerce
Services - First Building
12 Main (shipping) $356.11 $356.11 06/01/2023
05/31/2024
Maint.

Renewal Quotation US-77849
06/01/2023
US-77849
3 of 7
Qty Item Term Serial Numbers Location
Address Unit Price Amount Start Date
End Date
Renewal
Category
1 WM-ECS-SelfServ Bldg [Addl]
1 YR MAINTENANCE: EnvisionWare eCommerce
Services - Additional Buildings
12 Main (shipping) $124.06 $124.06 06/01/2023
05/31/2024
Maint.
2 WM-RFID-GATE 3D-R-U 1-Aisle (B)
1 YR MAINTENANCE: EnvisionWare MASTERSERIES
ULTRA TRANSPARENT RFID Gates (1-Aisle), Version B
12 Main (shipping) $578.97 $1,157.94 06/01/2023
05/31/2024
Maint.
1 WM-EER-Architect License (01)
1 YR MAINTENANCE: EnvisionWare Enterprise Reporter
- Additional Architect Licenses
12 Main (shipping) $356.11 $356.11 06/01/2023
05/31/2024
Maint.
2 WM-RFID-GATE 3D-R-U 2-Aisle (B)
1 YR MAINTENANCE: EnvisionWare MASTERSERIES
ULTRA TRANSPARENT RFID Gates (2-Aisle), Version B
12 Main (shipping) $818.37 $1,636.74 06/01/2023
05/31/2024
Maint.
13 WM-RFID Software Suite
1 YR MAINTENANCE: EnvisionWare RFID Software Suite
12 $97.28 $1,264.64 06/01/2023
05/31/2024
Maint.
4 WM-CBA-V-U *USD 3T PC
1 YR MAINTENANCE: CBA Series V PRINT MODE 3-
Tube Coin & Bill Acceptor [US Currency]
12 $260.19 $1,040.76 06/01/2023
05/31/2024
Maint.
2 WM-SSC-X11-CPS#-BK-BK
1 YR MAINTENANCE: X11 Countertop - Portrait Display
Software Included, black on black.
12 $710.64 $1,421.28 06/01/2023
05/31/2024
Maint.
1 WM-ES-ENT Building Bundle [1st]
1 YR MAINTENANCE: EnvisionWare Suite First Building.

Provides software coverage for first building licenses for PC Reservation and LPT:One Print Management
12 $401.63 $401.63 06/01/2023
05/31/2024
Maint.
1 WM-EBM-ENT SW
1 YR MAINTENANCE: EnvisionWare Branch Manager
(EBM) - Enterprise Edition
12 $356.11 $356.11 06/01/2023
05/31/2024
Maint.

Renewal Quotation US-77849
06/01/2023
US-77849
4 of 7
Qty Item Term Serial Numbers Location
Address Unit Price Amount Start Date
End Date
Renewal
Category
2 WM-LDS COM: ADF (*Std) 11X17
1 YR MAINTENANCE: Library Document Station (LDS) -
Automatic Document Feeder 11x17
12 $100.17 $200.34 06/01/2023
05/31/2024
Maint.
4 WM-RFID-READER-KIT PL DeskPad BL-U
1 YR MAINTENANCE: EnvisionWare DeskPad RFID
Reader Kit in acrylic black enclosure
12 $50.40 $201.60 06/01/2023
05/31/2024
Maint.
2 WM-ES-ENT Building Bundle [Additional]
1 YR MAINTENANCE: EnvisionWare Suite Additional
Buildings.

Provides software coverage for all additional building
licenses for PC Reservation and LPT:One Print
Management
12 $129.41 $258.82 06/01/2023
05/31/2024
Maint.
39 WM-ES-ENT Client License
1 YR MAINTENANCE: EnvisionWare Suite Client
Package
12 $13.98 $545.22 06/01/2023
05/31/2024
Maint.
1 WM-AAM-ENT Bundle
1 YR MAINTENANCE: Authentication and Accounting
Module (AAM) - Enterprise Edition (ENT)
12 $713.11 $713.11 06/01/2023
05/31/2024
Maint.
2 WM-LDS COM: SW (Std)-U
1 YR MAINTENANCE: Library Document Station (LDS)
Software-Only Package
12 F16Q000474,,F1
6Q000476
$320.41 $640.82 06/01/2023
05/31/2024
Maint.

Renewal Quotation US-77849
06/01/2023
US-77849
5 of 7
Subtotal $33,219.97
Tax $0.00
PST-CA
Amt Paid
Total
Renewal Quotation US-77849
06/01/2023
US-77849
6 of 7
Legend
• Maintenance (Maint.): The annual amount for parts, labor and support for a purchased item • Subscription (Subs.): The annual amount of a subscription that includes all costs associated with the use of a product or service • Prorated Item (Pro.): An adjustment to the line above that can provide one of the following:
• Compensation for the value of the first year warranty. Customers that make new purchases in the middle of a warranty or maintenance period are entitled to the full value of the 12- month warranty. A prorated item is added below a transaction to compensate a customer for the value of the months of warranty that would go past the next renewal date. This lowers the overall cost of the maintenance renewal for the current year. • An adjustment made when a customer requests a change to the annual renewal date. This occurs when a customer makes a request to adjust the annual payment date and certain items are currently set to expire later. By applying a prorated item, the value is given to the customer for the months occurring after the new renewal date. This applies only during the year that the adjustment is being made.
• An adjustment is made where certain items were expiring on a different date and the system merged separate transactions into a common renewal date for all items. In the past, some subscriptions could not be co-terminated (adjusted for a common renewal date.) These prorations can now be used so that every item will renew at the same time. • One-Time Discount (One Time Disc.): A special discount has been applied for one time All sales subject to the standard EULA and Product Warranty provided with your products. This document is considered accepted if written communication to the contrary is not received within 7 days.

Renewal Quotation US-77849
06/01/2023
US-77849
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EnvisionWare, Inc.

Pay by credit card at the Customer Center: http://support.envisionware.com Make Checks Payable To:

EnvisionWare, Inc.
1960 Satellite Blvd | Suite 4100
Duluth, GA 30097-4217
United States
Remittance Slip
Customer 1626 Salinas Public Library
Invoice # US-77849
Amount Due
Amount Paid _______________
Domestic ACH (US only): ACH Info: Bank name = SunTrust Bank; Routing # = 021052053 (9 digits); Account # = 55263483 (8 digits) ; SWIFT = SNTRUS3A; Account name = EnvisionWare City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-632, Version: 1
Journal Fund Transfer of Family Homeless Challenge Funds to the American Rescue Plan Act Affordable Housing Production Fund
Approve a Resolution authorizing an administrative journal transfer of $690,000 of California Interagency Council on Homelessness Family Homeless Challenge grant fund to the American Rescue Plan Act Affordable Housing Production fund.

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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: OCTOBER 24, 2023
DEPARTMENT: COMMUNITY DEVELOPMENT DEPARTMENT
FROM: LISA BRINTON, DIRECTOR
THROUGH: ROD POWELL, ASSISTANT DIRECTOR
BY: MICHAEL GOMEZ, ECONOMIC DEVELOPMENT ANALYST
TITLE: ADMINISTRATIVE JOURNAL FUND TRANSFER OF

CALIFORNIA INTERAGENCY COUNCIL ON HOMELESSNESS

FAMILY HOMELESS CHALLENGE GRANT FUNDS TO THE

AMERICAN RESCUE PLAN ACT AFFORDABLE HOUSING

PRODUCTION FUND
RECOMMENDED MOTION:

A motion to approve a Resolution authorizing an administrative journal transfer of six hundred and ninety thousand dollars ($690,000) of California Interagency Council on Homelessness (Cal ICH) Family Homeless Challenge (FHC) grant fund to the American Rescue Plan Act Affordable Housing Production (ARPA AHP) fund.

EXECUTIVE SUMMARY:

Staff is seeking Council approval to execute an administrative journal transfer of funds associated with the City’s recent acquisition of 1028 Larkin Circle in the amount of $690,000 with ARPA AHP funds to the FHC grant fund support increasing the level of expenditure of FHC funds necessary to be eligible to receive second-round FHC funds. The City’s FHC Standard Agreement with Cal ICH stipulates the necessary expenditure milestone of 50% of the City’s $2.6 million first round allocation of funds no later than December 31, 2023. In anticipation of this deadline, Cal ICH staff is currently engaging with awarded jurisdictions to address identified shortfalls and to develop appropriate projection of expenditures. Due to the City’s competitive real estate market and ongoing internal organizational change underway with the City’s grant partner, Bay Area Community Services (BACS), successful acquisition of homes as planned has been difficult. In recognition of this complication and to ensure compliant, timely expenditure of FHC funds, the proposed journal transfer of the Larkin Circle acquisition represents the most expedient, compliant path forward.

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BACKGROUND:

On April 26, 2022, Council approved a Resolution to allow for the submission of an application and acceptance of an award to Cal ICH for its FHC Request for Applications in partnership with BACS. On June 24, 2022, the City of Salinas received notification of a $5.2 million award to be allocated in two rounds to create affordable, permanent housing options for families experiencing homelessness. The City’s successful application identified primary activities and expenditures including the purchase of single-family home assets, targeted placement of hard-to-place families currently staying at the SHARE Center, and a supportive ongoing post-occupancy tenant support model derived from BACS’ successful experience with similar scattered site models in other Bay Area communities.

On September 12, 2023, Council approved a Purchase and Sales Agreement for 1028 Larkin Circle utilizing ARPA AHP funds in compliance with the intended uses of affordable housing-related projects, including property acquisition. Tenancy and management of this property will be similar to that of the FHC grant and other occupied city housing assets.

FHC funds have previously been used to fund a prior acquisition of 817 Bautista Drive and are also targeted for use on an emerging third residential acquisition. Through the combination of these three transactions, FHC milestone expenditure requirements will be satisfied, and the City will qualify for receipt of an additional $2.6 million in funds to support additional acquisitions and services.

DISCUSSION:

To address the urgent need to meet a fast-approaching FHC grant expenditure deadline and to allow the City to receive an additional $2.6 million in FHC grant funds, staff are proposing the transfer of $690,000 of previously expended FHC funds to the ARPA AHP fund. Funds transferred to the ARPA AHP fund would then be used to support other in-progress, affordable housing acquisitions.

In recognition of obstacles encountered with the expenditure of first-round FHC funds, staff remain actively engaged with BACS regarding their current performance as an active FHC grant partner. In the event that BACS is unable to efficiently and effectively resolve its internal processes and structures to effectively support their continued participation in the FHC grant, staff is prepared to assume full responsibility for all identified deliverables and outcomes, including the future acquisition of additional properties.

With the proposed fund transfer, the City will remain fully compliant with all FHC grant terms, avoid potential negative impacts to future grant applications, and continue its commitment to providing muchneeded affordable housing in our community.

CEQA CONSIDERATION:

The recommended action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378). Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Any subsequent discretionary projects resulting from the future development at the will be assessed for CEQA applicability.

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STRATEGIC PLAN INITIATIVE:

The proposed journal transfer supports the City of Salinas Strategic Plan 2023-2025 goal of Housing/Affordable Housing as it will allow the City to remain eligible to receive FHC second round funding to create affordable, permanent housing options for families experiencing homelessness.

DEPARTMENTAL COORDINATION:

This item has been coordinated by CDD’s Economic Development and Housing and Community Development divisions in consultation with the City Attorney’s Office and Finance Department.

FISCAL AND SUSTAINABILITY IMPACT:

There are no costs associated with this action however, without approval of this administrative journal transfer, the City would not qualify for the second round of FHC funding. There is no direct impact to the General Fund.

ATTACHMENTS:

Resolution
Page | 1
RESOLUTION NO. (N.C.S.)

A RESOLUTION AUTHORIZING THE ADMINISTRATIVE JOURNAL FUND

TRANSFER OF CALIFORNIA INTERAGENCY COUNCIL ON HOMELESSNESS

FAMILY HOMELESS CHALLENGE GRANT FUNDS TO THE AMERICAN

RESCUE PLAN ACT AFFORDABLE HOUSING PRODUCTION FUND
WHEREAS, on April 26, 2022, City Council approved a Resolution to allow the submission and acceptance of a grant to the California Interagency Council on Homelessness (Cal ICH) for the Family Homelessness Challenge (FHC) Grant in partnership with Bay Area Community Services (BACS); and
WHEREAS, the City’s successful application identified primary activities and expenditure of funds through the purchase of single-family home assets, targeted placement of hard-to-place families currently staying at the SHARE Center, and a supportive ongoing postoccupancy tenant support model derived from BACS’ successful experience with similar scattered site models in other Bay Area communities; and
WHEREAS, on September 12, 2023, Council approved a Purchase and Sales Agreement for 1028 Larkin Circle utilizing American Rescue Plan Act Affordable Housing Production (ARPA AHP) funds in compliance with the intended uses of affordable housing-related projects, including property acquisition; and
WHEREAS, the City’s FHC Standard Agreement with Cal ICH stipulates the necessary expenditure milestone of 50% of the City’s $2.6 million first round allocation of funds no later than December 31, 2023; and
WHEREAS, due to the City’s competitive real estate market and ongoing internal organizational change underway with the City’s grant partner, BACS, successful acquisition of homes as planned has been difficult; and
WHEREAS, to address the urgent need to meet a fast-approaching FHC grant expenditure deadline and to allow the City to receive an additional $2.6 million in FHC grant round two funds, staff is proposing the transfer of $690,000 of previously allocated FHC funds to the ARPA AHP fund; and
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby authorizes the administrative journal transfer of six hundred and ninety thousand dollars ($690,000) of Cal ICH Family Homeless Challenge grant fund to the American Rescue Plan Act Affordable Housing Production fund.

PASSED AND APPROVED this 24th day of October 2023, by the following vote:

AYES:

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NOES:

ABSENT:

ABSTAIN:

APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-633, Version: 1
Purchase and Sales Agreement for 414 Crescent Way
Approve a Resolution authorizing the Mayor to execute a Purchase and Sale Agreement (PSA), and all other documents necessary to effectuate the property transfer to the City with private property owner for the purchase of a single-family residence located at 414 Crescent Way in the City of Salinas, for a price of $650,000.

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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: OCTOBER 24, 2023
DEPARTMENT: COMMUNITY DEVELOPMENT DEPARTMENT
FROM: LISA BRINTON, DIRECTOR
THROUGH: ROD POWELL, ASSISTANT DIRECTOR
BY: MICHAEL GOMEZ, ECONOMIC DEVELOPMENT ANALYST
TITLE: PURCHASE AND SALE AGREEMENT FOR 414 CRESCENT WAY RECOMMENDED MOTION:

Adopt a resolution authorizing the Mayor to execute a purchase and sale agreement (PSA), and all other documents necessary to effectuate the property transfer to the City with private property owner for the purchase by the City of a single-family residence located at 414 Crescent Way in the City of Salinas, for a price of six hundred and fifty thousand dollars ($650,000).

EXECUTIVE SUMMARY:

On April 26, 2022, City Council approved a Resolution to allow the submission and acceptance of a grant to the California Interagency Council on Homelessness (Cal ICH) for the Family Homelessness Challenge (FHC) Grant in partnership with BACS. On June 24, 2022, the City of Salinas was awarded $2.6 million. The grant funded a program known as the Salinas Project Reclamation for Families was specifically developed to create affordable, permanent housing options for families experiencing homelessness by purchasing single-family homes, optimized through new ADUs, and integrated with the overall system of care. This model was derived from Bay Area Community Services (BACS) experience with similar scattered site models but tailored to the many hard-to-place families staying at the Salinas Housing Advancement Resources and Education (SHARE) Center.

City staff have been actively searching for homes utilizing the Multiple Listing Service (MLS) and other online real estate websites to find vacant properties for the purpose of permanent affordable housing. On October 10, 2023, City council approved staff’s interest in acquiring 414 Crescent Way (Assessor’s Parcel Number [APN] 003-366-001-000 the “Property”) for the purpose of permanent affordable housing.

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BACKGROUND:

Family homelessness is a serious ongoing problem in the City of Salinas and throughout Monterey County. Aside from the most recent 2019 Homeless Point in Time Count that identified 1,182 persons as unhoused in the City of Salinas, data collected by local school districts in 2019 also found more than 40 percent of elementary school-aged children in Salinas may be homeless.

In mid-2021, the City and County of Monterey celebrated the opening of the SHARE Center, which provides 100 shelter beds and robust housing navigation and placement services. From its inception, the SHARE Center has diligently worked to serve and place families in permanent housing. Despite this work, the City’s stock of affordable housing remains extremely limited, making placement difficult. Currently the SHARE Center has a waiting list of over 300 families.

To address this challenge, the City applied for the Cal ICH Family Homelessness Challenge Grant, applying for $5.4 million of the total $15 million available. On June 24, 2022, the City was awarded $2.6 million for round 1, but will be eligible for another $2.6 million with successful implementation during round 2. The City’s primary partner in implementing this grant is BACS because of their 40 years’ experience in operating a scattered site housing approach with coordinated case management services. Grant funding also enabled the City to hire a limited term Community Development Analyst focused on working with homeless families.

DISCUSSION:

The original intention of the FHC grant was for the City to fund acquisition of properties for the management and operations of our partner BACS, however they are currently experiencing difficulties in meeting deadlines and the City has temporally decided to move forward independently to ensure compliance with grant regulations and avoid any negative consequences for future grant applications.

Staff contacted the agent representing the owner of 414 Crescent Way with a sale price of six hundred fifty thousand dollars ($650,000) and is being sold “as-is”. The Property a single-story single-family residence with a newer roof and kitchen upgrades. The residence consists of threebedrooms one and a half bath with 1,122 square feet of living space on a 7,200 square foot lot that has potential for an ADU. The Property exterior and interior and are in good condition with updated double pain windows. is The City has is in the process of conducted initial due diligence work including reviewing the Preliminary Title Report and coordinating an appraisal report and a full property condition assessment report.

Staff personally viewed the property and determined that the property is in good condition requiring minimal rehabilitation. The City has negotiated a purchase price of the asking price of six hundred fifty thousand Dollars ($650,000) contingent on the appraised value at a minimum of purchase price with a Seller Credit of 2% to the City. The sellers Brokerage firm, Remax Property Experts, will receive 3% of the purchase price as compensation for the sale in escrow. Following the execution of the PSA, escrow will close approximately 7 days later.

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CEQA CONSIDERATION:

The City of Salinas has determined that the proposed action, acquisition of an existing property, is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

STRATEGIC PLAN INITIATIVE:

The proposed action supports the City of Salinas Strategic Plan 2023-2025 goal of Housing/Affordable Housing by increasing local affordable housing stock and providing a stable, long-term housing opportunity for an unhoused family. Once the ADU is built, another unhoused family will be served.

DEPARTMENTAL COORDINATION:

CDD’s Economic Development Division continues to coordinate with both the Housing and Permit Services Divisions of the Department in identifying and vetting viable properties.

Additional consultation in regard to the preparation of the draft PSA has also occurred with the City Attorney.

FISCAL AND SUSTAINABILITY IMPACT:

Costs to facilitate the land acquisition of $650,000 will be funded by the Family Homeless Challenge grant. As negotiations progress with the realtor and based on the appraisal and property’s condition, further reduction in the price is possible. Upon taking ownership, the City will assume responsibility for ongoing property maintenance costs, remediation and repair, and property taxes. Property taxes will initially be approximately $6,500 per year. Ongoing operating costs are subject to appropriation from the Affordable Housing Enterprise Fund.

ATTACHMENTS:

Resolution
PSA – 414 Crescent Way – Draft Legal Description, Grant Deed, and Certificate of Acceptance Aerial Photograph – 414 Crescent Way
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RESOLUTION NO. (N.C.S.)

A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A PURCHASE AND SALES AGREEMENT FOR THE ACQUISITION OF 414 CRESCENT WAY WHEREAS, On June 24, 2022, the City of Salinas was awarded $2.6 million. The grant funded program known as the Salinas Project Reclamation for Families was specifically developed to create affordable, permanent housing options for families experiencing homelessness by purchasing single-family homes, optimized through new ADUs, and integrated with the overall system of care. This model was derived from Bay Area Community Services (BACS) experience with similar scattered site models but tailored to the many hard-to-place families staying at the SHARE Center; and
WHEREAS, BACS is currently experiencing difficulties in meeting deadlines and the City has temporally decided to move forward independently to ensure compliance with grant regulations and avoid any negative consequences for future grant applications; and WHEREAS, the City approached the Real Estate Agent representing the owner of 414 Crescent Way (Assessor’s Parcel Number [APN] 003-366-001-000 “the Property”), to purchase the Property at a Purchase Price of six hundred and fifty thousand dollars ($650,000.00); and WHEREAS, the Property is a single-story single-family residence with a newer roof and kitchen upgrades. The residence consists of three-bedrooms one and a half bath with 1,122 square feet of living space on a 7,200 square feet lot that has potential for an ADU. The Property exterior and interior and are in good condition with updated double pain windows; and WHEREAS, the purchase of the Property will support the City of Salinas Strategic Plan 2022-2025 goal of Housing/Affordable Housing by providing much needed affordable housing to families.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby authorizes the Mayor to execute a purchase and sale agreement for the acquisition of 414 Crescent Way in the City of Salinas.

PASSED AND APPROVED this 24th day of October, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_______________________
Kimbley Craig, Mayor
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ATTEST:
_________________________
Patricia M. Barajas, City Clerk
1 PURCHASE AND SALES AGREEMENT
(414 Crescent Way)
This Purchase and Sales Agreement (“Agreement”) is dated as of March 7, 2023 (“Effective Date”) and is being entered into by and the City of Salinas, a California charter city and municipal corporation hereinafter referred to as “Buyer”, and Deborah Wade, Trustee of the Deborah K.

Wade Trust, hereinafter referred to as “Seller”, for the acquisition by Buyer of certain real property described below.

RECITALS
A. The Seller is the owner in fee of that certain real property consisting of approximately 6,534 square feet of land generally located at 414 Crescent Way (Assessor’s Parcel Number [APN] (003-366-001-000) in the City of Salinas, County of Monterey, State of California (“Property”) as more particularly described in the attached “Exhibit A”.

B. The Property is a single-family residence that was built in 1965 and is in excellent condition due to major renovations completed between 2017 and 2022 which includes the garage conversion to a Junior Accessory Dwelling Unit (Jr ADU). The main home is a 3-bedroom 2 bath home with approximately 1,371 square feet and the Jr ADU is a 1 bed 1 bath unit with approximately 420 square feet of living space.

NOW, THEREFORE, Buyer and Seller agree as follows;

1. Agreement to Sell and to Purchase. Buyer agrees to buy the Property from Seller and Seller agrees to sell the Property to City upon the terms and for the consideration set forth in this Agreement.

2. Purchase Price. The purchase price of the Property is one six hundred and fifty thousand Dollars ($650,000.00) to be paid in cash to the Seller by the Buyer at the Close of Escrow.

3. Opening Escrow. To accomplish the purchase and the transfer of the Property from the Seller to the Buyer, the Seller and Buyer shall establish an escrow within seven (7) days after execution of the Agreement with the Salinas, California escrow office of First American Title Company, or such other title company mutually selected by City and Seller (the “Escrow Holder”). The Buyer shall deposit 3% of the Purchase Price into escrow within seven (7) days after execution of the Agreement, said money shall be refundable until such time as buyer has waived all contingencies and earned money deposit shall be applied to the Purchase Price upon the close of escrow. The Buyer and Seller shall execute and deliver written instructions to the Escrow Holder to accomplish the terms hereof, which instructions shall be consistent with this Agreement.
2 4. Close of Escrow. The Close of Escrow shall occur on after all of the following conditions shall be established, prior to or concurrently with, and as conditions of, the Close of Escrow:

4.1. The Seller shall have executed and delivered to the Buyer or the Escrow Holder all documents and instruments required to be executed and delivered, all in form and substance satisfactory to both Buyer and the Escrow Holder, and Buyer shall have submitted full payment of the Property Purchase Price.

4.2. There shall exist no condition, event or act which would constitute a breach or default under this Agreement which upon the giving of notice or the passage of time, or both, would constitute such a breach or default.

4.3. All representations and warranties of the parties contained herein shall be true and correct as of the Close of Escrow.

4.4. The Sale is contingent on the following items:
 The appraised value at a minimum of purchase price
 Review of Property Assessment Report
Any and all expenses incurred relating to inspecting the Property by Buyer shall be borne by Buyer.

4.5. Ad valorem taxes, if any, shall be prorated as of the date of conveyance of the Property from the Seller to the Buyer. Seller and the Buyer shall each pay half of the cost of title insurance, transfer tax, Escrow Holder document preparation, recordation fees, premiums of owners and lenders title insurance and the escrow fees of the Escrow Holder, if any, and any additional costs to close the escrow. The costs borne by Buyer are in addition to the Purchase Price for the Property.

5. Conveyance of Title and Possession. Seller agrees to convey by Grant Deed (in substantially the form shown on the attached (Exhibit B) to Buyer all of Seller’s title and interest in and to the Property. Notwithstanding anything to the contrary set forth herein, the Seller makes no representation or warranty regarding title to the Property or the removal of any Exceptions from title to the Property. Further, Seller has no obligation to provide title to the Property clear of encumbrances and shall not incur any liability for title defects unless Seller expressly agrees to remove one or more encumbrances pursuant to this Section; however, Buyer shall not be obligated to accept title to the Property unless it is conveyed free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases, taxes and other title or survey matters (“Exceptions”) except such matters which are acceptable to the Buyer, in Buyer’s sole discretion, following Buyer’s review of a title report to be provided by the Seller or Escrow Company.
3 6. Title Insurance Policy. Escrow Holder shall, following recording of the Deed, provide Buyer with a standard owner’s CLTA (or extended coverage ALTA, at the request of Buyer) policy of title insurance in the amount of the Purchase Price, issued by the Title Company, together with any endorsements and additional coverage reasonably requested by Buyer, showing fee simple title to the Property vested in Buyer, subject only to the Exceptions set forth in Section 5 approved by Buyer and the printed exceptions and stipulations in the policy. Title charges shall be evenly split by the by the Buyer and Seller.

7. Condition of Property.

7.1. Seller agrees to maintain the Property in its current condition, subject to ordinary wear and tear from the time this Agreement comes into effect until the Closing. Seller shall be allowed to use said facility for their own business practices but shall deliver Property cleaned, painted, and the interior touch up painted and fully furnished to include all items listed on the MLS listing upon close of escrow. Buyer recognizes that Seller, along with any licensed real estate agent(s) involved in this transaction, make no claims as to the validity of any property disclosure information. Buyer is required to perform their own inspections, tests, and investigations to verify information provided by the Seller.

7.2 All the following items shall be included in the Purchase Price: stove, refrigerator, microwave, dishwasher, all existing fixtures and fittings that are attached to the Property; existing electrical, mechanical, lighting, plumbing and heating fixtures, ceiling fans, fireplace inserts, gas logs and grates, solar power systems, built-in appliances and appliances for which special openings are encasements have been made, window and door screens, awnings, shutters, window coverings (which includes blinds, curtains, drapery, shutters or any other materials that cover any portion of the window) and any associated hardware and rods, attached floor coverings, television antennas, satellite dishes, air coolers/conditioners, garage door openers/remote controls, mailbox, in-ground landscaping, water features and fountains, water softeners, water purifiers, light bulbs (including smart bulbs) and stove, oven, refrigerator, microwave, home control devices. Seller shall remove any personal items which Seller chooses to keep before the close of escrow.

Seller represents that all items included in the purchase price, are owned by the Seller and shall be transferred free and clear of liens and encumbrances and are transferred without Seller warranty regardless of value.

7.3 Buyer specifically acknowledges and agrees that the Seller is selling and the Buyer is buying the Property not relying on any representations or warranties of any kind whatsoever, express or implied, from the Seller as to any matters concerning the Property, including without limitation (1) the quality, nature, adequacy, and physical condition of the Property (including, without limitation, topography, climate, air, water rights, water, gas electricity, utility services, grading, drainage, sewers, access to public roads and related conditions); (2) the quality, nature, adequacy, and physical condition of soils, geology, and groundwater; (3) the existence, quality, 4 nature, adequacy, and physical condition of utilities serving the Property; (4) the development potential of the Property, and its use, habitability, merchantability, or fitness, suitability, value or adequacy of the property for any particular purpose; (5) the zoning or other legal status of the Property or any other public or private restrictions on the use of the Property; (6) the compliance of the Property or its operation with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions, and restrictions of any governmental or quasi-governmental entity or of any other person or entity; (7) the presence or absence of hazardous materials on, under or about the Property or the adjoining and neighboring properties; and (8) the condition of title to the Property.

The Buyer affirms that it has not relied on the skill or the judgment of the Seller or any of its respective agents, employees or contractors to select or furnish the Property for any particular purpose, and that the Seller makes no warranty that the Property is fit for any particular purpose. The Buyer acknowledges that it shall use its independent judgment and make its own determination as to the scope and the breadth of its due diligence investigation which investigation of the physical, environmental, economic, and legal condition of the Property (including, without limitation, whether the Property is located in an area which is designated as a special flood hazard area, dam failure inundation area, earthquake fault zone, seismic hazard zone, high fire severity area or wildland fire area, by any federal, state or local entity). The Buyer undertakes and assumes all risks associated with all matters pertaining to the Property location in any area designated as a special flood hazard area, dam inundation area, earthquake fault zone, seismic hazard zone, high fire severity area or wildland fire area, by any federal, state or local entity.

7.4. Survival. The terms and the conditions of this section 7 shall expressly survive the Close of Escrow, shall not merge with the provisions of the Grant Deed, or any other closing documents and shall be deemed to be incorporated by reference into the Grant Deed. The Seller is not liable or bound in any manner by any oral or written statements, representations or information pertaining to the Property furnished by any contractor, agent, employee, servant or other person. The Buyer acknowledges that the Purchase Price reflects the “as is” nature of this sale and any faults, liabilities, defects or other adverse matters that may be associated with the Property. The Buyer has fully reviewed the disclaimers and waivers set forth in this Agreement with the Buyer’s counsel and understands the significance and effect thereof.

7.5. Acknowledgement. The Buyer acknowledges and agrees that (i) to the extent required to be operative, the disclaimers of warranties contained in this section are “conspicuous” disclaimers for purposes of all applicable laws and other legal requirements, and (ii) the disclaimers and other agreements set forth in such sections are an integral part of this Agreement, that the Purchase Price has been adjusted to reflect the same and that the Seller would not have agreed to sell the Property to the Buyer for the Purchase Price without the disclaimers and other agreements set forth in this section.
5 7.6. Buyer’s Release of the Seller. The Buyer, on behalf of itself and anyone claiming by, through or under the Buyer, hereby waives its right to recover from and fully and irrevocably releases the Seller and its representatives and agents (“Released Parties”) from any and all claims, responsibility and/or liability that the Buyer may have or hereafter acquire against any of the Released Parties for any costs, loss, liability, damage, expenses, demand, action or cause of action arising from or related to (i) the condition (including any construction defects, errors, omissions or other conditions, latent or otherwise), valuation, salability or utility of the Property, or its suitability for any purpose whatsoever, (ii) any presence of Hazardous Materials (as hereinafter defined), and (iii) any information furnished by the Released Parties under or in connection with this Agreement.

7.7. Scope of Release. The release set forth in section 7.4 hereof includes claims of which the Buyer is presently unaware or which the Buyer does not presently suspect to exist which, if known by the Buyer, would materially affect the Buyer’s release of the Released Parties.

The Buyer specifically waives the provision of any statute or principle of law that provides otherwise. In this connection and to the extent permitted by law, the Buyer agrees, represents and warrants that the Buyer realizes and acknowledges that factual matters now unknown to the Buyer may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses, and expenses which are presently unknown, unanticipated and unsuspected, and the Buyer further agrees, represents, and warrants that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that the Buyer nevertheless hereby intends to release, discharge, and acquit the Sellers from any such unknown causes of action, claims, demands, debts, controversies, damages, costs, losses, and expenses. Accordingly, the Buyer, on behalf of itself and anyone claiming by, through or under the Buyer, hereby assumes the above-mentioned risks and hereby expressly waives any right the Buyer or anyone claiming by, through or under the Buyer, may have under Section 1542 of the California Civil Code, which reads as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with debtor.”
Notwithstanding the foregoing, this release shall not apply to, nor shall the Seller be released from, the Seller’s actual fraud or misrepresentation.

8. Hazardous Materials. As used in this Agreement, the term “Hazardous Materials” shall mean any substance, material, or waste which is or becomes, regulated by any local governmental authority, the County of Monterey, the State of California, any regional governmental authority, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a “hazardous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous 6 Waste Control Law), (ii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated biphenyls, (viii) methyl tertiary butyl ether, (ix) designated as “hazardous substances” pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317), (x) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §§6901, et seq. (42 U.S.C. §6903) or (xi) defined as “hazardous substances” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§9601, et seq.

8.1. Compliance with Laws. The Buyer hereby covenants and agrees to comply with all Hazardous Materials laws applicable to it.

8.2. Indemnity. Without limiting the generality of the indemnification set forth elsewhere in this Agreement, the Buyer hereby agrees to indemnify, protect, and hold harmless the Seller from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all costs and expenses incurred in connection therewith (including, but not limited to, reasonable attorney fees and expenses), arising directly or indirectly, in whole or in part, out of the failure of Buyer or any other person or entity to comply with the Hazardous Materials laws. The foregoing indemnity shall further apply to any residual contamination on or under the Property, including but not limited to the presence of lead-based paint or asbestos, or affecting any natural resources, and to any contamination of any property or natural resources arising in connection with the generation, use, handling, treatment, storage, transport or disposal or any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with Hazardous Materials laws. The provisions of this subsection shall survive expiration or termination of this Agreement, and shall remain in full force and effect.

8.3. No Limitation. The Buyer hereby acknowledges and agrees that the Buyer’s duties, obligations, and liabilities under this Agreement, including, without limitation, under sections 8.1 and 8.2 above, are in no way limited or otherwise affected by any information the Seller may have concerning the Property and/or the presence within the Property of any Hazardous Materials, whether the Seller obtained such information from the Buyer or from its own investigations.

9. Provision Not Merged with Deeds. Unless otherwise specifically set forth herein, none of the provisions of this Agreement are intended to or shall be merged by any grant deed transferring title to any real property which is the subject of this Agreement from Seller to Buyer 7 or any successor in interest, and any such grant deed shall not be deemed to affect or to impair the provisions and the covenants of this Agreement.

10. Brokers. Seller has hired Coldwell Banker Realty, Broker Department of Real Estate License #01908304 to perform representation on their behalf, they shall be entitled to payment for their services as outlined in their separate written agreement. No other brokerage commission, finder’s fee or other compensation of any kind is due or owing to any person or entity in connection with this Agreement. Each party agrees to and does hereby indemnify and hold the other free and harmless from any against any and all costs, liabilities or causes of action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying party in connection with this Agreement.

11. Waiver, Consent, and Remedies. Each provision of this Agreement to be performed by Buyer and Seller shall be deemed both a covenant and a condition and shall be a material consideration for Seller’s and Buyer’s performance hereunder, as appropriate, and any breach thereof by Buyer or Seller shall be deemed a material default hereunder by such breaching party.

Either party may specifically and expressly waive in writing any portion of this Agreement or any breach thereof, but no such waiver shall constitute a further or continuing waiver of a preceding or succeeding breach of the same or any other provision. A waiving party may at any time thereafter require further compliance by the other party with any breach or provision so waived. The consent by one party to any act by the other for which such consent was required shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or any similar acts in the future. No waiver or consent shall be implied from silence or any failure of a party to act, except as otherwise specified in this Agreement. All rights, remedies, undertakings, obligations, options, covenants, conditions and agreements contained in this Agreement shall be cumulative and no one of them shall be exclusive of any other.

12. Attorney’s Fees. In the event any declaratory or other legal or equitable action is instituted between Seller, Buyer and/or Escrow Holder in connection with this Agreement then, as between Buyer and Seller, the prevailing party shall be entitled to recover from the losing party all of its costs and expenses, including court costs, reasonable attorneys’ fees, expert witness fees, and all fees, costs and expenses incurred on any appeal or in collection of any judgment.

13. Notices. Any notice, request, demand, consent, approval or other communication required or permitted hereunder or by law shall be validly given or made only if in writing and delivered in person to an officer or duly authorized representative of the other party, or deposited in the United States mail, duly certified or registered (return receipt requested), postage prepaid, or delivered through another reasonably acceptable method, and addressed to the party for whom intended, as follows:

If to Buyer: City of Salinas
200 Lincoln Avenue
8 Salinas, California 93901
Attn: City Manager
With a Copy to: City of Salinas
200 Lincoln Avenue
Salinas, California 93901
Attn: City Attorney
If to Seller: Deborah K. Wade
1650 Cambrian Dr
Salinas, CA 93906

14. Gender and Number. In this Agreement (unless the context requires otherwise), the masculine, feminine and neuter genders and the singular and the plural shall be deemed to include one another, as appropriate.

15. Entire Agreement. This Agreement and its attachments constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understanding of the parties hereto, oral or written, express or implied, are hereby superseded and merged herein.

16. Captions. The captions used herein are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions hereof.

17. Governing Law. This Agreement and the exhibits attached hereto have been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California.

18. Counterparts. This Agreement may be executed in counterparts, each of which when executed shall, regardless of the date of its execution and delivery, be deemed an original, and all counterparts together shall constitute one and the same instrument.

19. Invalidity of Provision. If any provision of this Agreement as applied to any party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole.
9 20. Amendments. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in writing by Buyer and Seller.

21. Time of Essence. Time is of the essence of each provision of this Agreement.

22. Survival. All agreements, representations and warranties contained herein shall survive the Closing.

23. Binding Upon Successors. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereof.

24. Parties no Co-Venturers. Nothing in this Agreement is intended to or does establish the parties as partners, co-venturers or principal and agent with one another.

25. Action by the City. Except as may be otherwise specifically provided in this Agreement, whenever any approval, notice, direction, finding, consent, request, waiver or other action by the City is required or permitted under this Agreement, such action may be given, made or taken by the City Manager or by any person who shall have been designated in writing to the Buyer by the City Manager without further approval by the City Council. Any such action shall be in writing.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.

CITY OF SALINAS
__________________________
Kimbley Craig, Mayor
APPROVED AS TO FORM:
___________________________
Christopher A. Callihan, City Attorney
10 SELLER
____________________________
Deborah K. Wage
Trustee
11 EXHIBIT A
Legal Description
Real property in the City of Salinas, County of Monterey, State of California, described as follows:

LOT 8, IN BLOCK 7, AS SAID LOT AND BLOCK ARE SHOWN ON MAP ENTITLED, "TRACT NO. 434 – UNIT NO. 3 - MONTA VISTA PARK", RANCHO EL SAUSAL AND CITY OF SALINAS, MONTEREY COUNTY, CALIFORNIA, FILED FOR RECORD JUNE 11, 1963, IN VOLUME 7 OF MAPS, CITIES AND TOWNS, AT PAGE 92, MONTEREY COUNTY RECORDS, CALIFORNIA.

APN: 003-366-001-000
12 EXHIBIT B

RECORDING REQUESTED BY
City Clerk
City of Salinas
200 Lincoln Avenue
Salinas, California 93901

WHEN RECORDED MAIL TO
AND MAIL TAX STATEMENTS TO:

City of Salinas

65. W Alisal St
Salinas, CA 93901
EXEMPT FROM RECORDER’S FEES
Pursuant to Government Code §6103
(ABOVE SPACE FOR RECORDER’S USE
ONLY)
* This Instrument is exempt from payment of Documentary Transfer Tax pursuant to Section 27383.2 (Transfer to government entity) of the Revenue and Taxation Code, as amended. Transfer Tax $0.00

GRANT DEED
For valuable consideration, DEBORAH K. WADE, TRUSTEE OF THE DEBORAH K. WADE TRUST
Hereby GRANT(S) to City of Salinas, a California charter city and municipal corporation, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM, all of the right, title and interest of Grantor in and to that certain real property situated in the City of Salinas, County of Monterey, State of California, more particularly described on Attachment No. 1 attached hereto and incorporated herein by this reference.

Dated this ____ day of ______________, 2023.
____________________________
Deborah K. Wade
Trustee
13 Attachment No. 1
Legal Description
Real property in the City of Salinas, County of Monterey, State of California, described as follows:

LOT 8, IN BLOCK 7, AS SAID LOT AND BLOCK ARE SHOWN ON MAP ENTITLED, "TRACT NO. 434 – UNIT NO. 3 - MONTA VISTA PARK", RANCHO EL SAUSAL AND CITY OF SALINAS, MONTEREY COUNTY, CALIFORNIA, FILED FOR RECORD JUNE 11, 1963, IN VOLUME 7 OF MAPS, CITIES AND TOWNS, AT PAGE 92, MONTEREY COUNTY RECORDS, CALIFORNIA.

APN: 003-366-001-000
14 CERTIFICATE OF ACCEPTANCE
City Resolution No.: ______
THIS IS TO CERTIFY THAT the interest in real property conveyed by the deed or grant dated ________________, 2023 from
DEBORAH K. WADE, TRUSTEE OF THE DEBORAH K. WADE TRUST
to

CITY OF SALINAS, A CALIFORNIA CHARTER CITY AND MUNICIPAL

CORPORATION
is hereby accepted by order of the Salinas City Council on March 7, 2023, (or by the undersigned officer or agent on behalf of the City of Salinas pursuant to authority conferred by Resolution 5849 of the Salinas City Council adopted on November 22, 1965), and the grantee consents to recordation thereof by its duly authorized officer.

DATE:

Kimbley Craig, Mayor
Aerial Photography of the Property and Sourrounding Area City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-635, Version: 1
Amendment to Professional Services Agreement with Harris & Associates for the Salinas Creeks Maintenance and Enhancement Plan
Approve a Resolution authorizing the Interim City Manager to amend the agreement with Harris and Associates for the Salinas Creeks Maintenance and Enhancement Plan project to increase the total compensation by $278,139, for a maximum not to exceed $363,868.

City of Salinas Page 1 of 1 Printed on 10/19/2023
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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: OCTOBER 24, 2023
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, PUBLIC WORKS DIRECTOR
BY: BRIAN FRUS, SENIOR ENGINEER
TITLE: AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF SALINAS AND HARRIS

AND ASSOCIATES FOR THE SALINAS CREEKS MAINTENANCE

AND ENHANCEMENT PLAN
RECOMMENDED MOTION:

Adopt a resolution authorizing the City Manager to amend the agreement with Harris and Associates for the Salinas Creeks Maintenance and Enhancement Plan project to increase the total compensation by $278,139, for a maximum not to exceed $363,868.

BACKGROUND:

The 2017 winter storms caused heavy erosion and large amounts of silts to be deposited at Gabilan Creek, Natividad Creek, Santa Rita Creek, the Natividad Creek Detention Basin and the Salinas River Outfall. In the process of making emergency repairs as a result of the storm damage, staff discovered that permits required for repair or maintenance work within these locations had expired.

The City applied to the Federal Emergency Management Agency (FEMA) and the California Governor’s Office of Emergency Services (Cal OES) for relief funding to cover the damages. To date, neither agency has confirmed reimbursement for the majority of the repairs, which are estimated at over $2 million.

The primary purpose of these essential drainage facilities is to convey flood water in order to protect property, human health and safety; however, opportunities exist which could enhance the ecological health of the creeks’ riparian zones. Adding an ecological element to any restoration project would not only improve habitat along the drainage facility but also could have added benefits such as increasing flood water capacity, water quality, infiltration and percolation, cost effectiveness of maintenance, climate resiliency and recreational opportunities. Both the Gabilan and Natividad Creeks offer a chance to create a nexus for these benefits.

On November 19, 2019, the City authorized the initial scope of work under the Master Services Agreement for $260,314 with Harris and Associates to perform the Salinas Creeks Maintenance and Enhancement Plan (Resolution No. 21745). A portion of the scope of work totaling $85,729 Page | 2
was continued under a Professional Service Agreement since the Master Service Agreement had expired and had not yet been renewed. The scope of work included the following:
1) Initiate the permitting process for ongoing maintenance activities 2) Identify ecological enhancement opportunities
3) Draft a conceptual plan that improves flood capacity, water quality, habitat and infiltration of surface flows
4) Field evaluation of existing conditions to better understand the level of investigation and analysis required to successfully complete an engineered design During the permitting process, the Regional Water Quality Control Board has indicated the requirement of mitigation areas such that the ongoing maintenance does not continually require disturbance of the flora and fauna within the stream bed. In cooperation with Harris and their subconsultants, staff has discussed various mitigation scenarios, evaluated alternatives, and considered the constraints along with need to remove silt deposits from streams and to conduct regular maintenance activities.

The Salinas Creeks Maintenance and Enhancement Plan project has now advanced to the next phase which involves preparation of design plans and completion of the permitting process based on information acquired during the feasibility study. This includes elements now required by the permitting agencies that were not considered in the original scope of work. Collectively the scope includes:
1) Project Management and Project Description
2) Technical Studies to Support Project Permitting
3) CEQA Compliance/Documentation
4) Regulatory Compliance/Permitting
5) Natividad Creek and Gabilan Creek Maintenance Plan and Conceptual Mitigation Plan 6) Concept Level, 65%, and 100% Design Plans.

The additional scope represents a net increase of $278,139 to the original agreement.

The preparation of the design plans is timely and central to the removal of the silt from both the Gabilan and Natividad Creeks. American Rescue Plan Act (ARPA) funding was adopted by Council on September 14, 2021 (Resolution No. 22175). Of the total $15.465 million pledged for “Investments in Water and Sewer,” $500,000 was allocated for the Gabilan Creek and $1,545,000 for the Natividad Creek silt removal efforts. Hence, completion of this next phase in the project will enable the ARPA funds to be utilized as intended.

CEQA CONSIDERATION:

The proposed scope of work includes making a determination as to the extent if any, the project has the potential for causing a “significant effect on the environment”. This will be examined during the CEQA process along with any relevant information compiled and submitted. In and of itself however, the amendment of an agreement which include such a CEQA determination does not constitute a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

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STRATEGIC PLAN INITIATIVE:

The proposed project and agreement meet the City Council’s goal of Infrastructure and Environmental Sustainability (City of Salinas Strategic Plan 2022-2025) by improving City facilities.

DEPARTMENTAL COORDINATION:

Public Works will advance this project through coordination with Engineering and Maintenance Services with additional input from the Department of Library and Community Services given that two of the streams are located within City parks.

FISCAL AND SUSTAINABILITY IMPACT:

The current year fiscal impact of $278,139 for this amendment is available and appropriated in the below referenced capital improvement projects. Available budgets include carry over from prior year and allocations for Fiscal Year 2023-24.

Description and CIP Number Available Budget
Natividad Creek Silt Removal – 5800.50.9086 $75,000
Salinas River Outfall Repairs - 5800.50.9114 $128,138
Silt Removal Gabilan Creek - 5800.50.9127 $75,000
Santa Rita Storm Channel - 5800.50.9175 $63,759
Totals $341,897
ATTACHMENTS:

Resolution
Amendment No. 1 to Agreement for Professional Services for Environmental Consultants/Contractors, City of Salinas and Harris and Associates for the Salinas Creeks Maintenance and Enhancement Plan project
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RESOLUTION NO. (N.C.S.)

A RESOLUTION APPROVING AN AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF SALINAS AND HARRIS AND ASSOCIATES FOR

THE SALINAS CREEKS MAINTENANCE AND ENHANCEMENT PLAN
WHEREAS, winter storms in 2017 caused heavy erosion and silts deposits at several of the City’s waterways; and
WHEREAS, to date, neither the Federal Emergency Management Agency nor the California Governor’s Office of Emergency Services has approved relief funding to cover the damages; and WHEREAS, specific permits are required for repair or maintenance work at the locations; and WHEREAS, on November 19, 2019, the City authorized the initial scope of work under the Master Services Agreement with Harris and Associates to perform the Salinas Creeks Maintenance and Enhancement Plan (Resolution No. 21745) and a portion of the scope of work was continued under a Professional Service Agreement since the Master Service Agreement had expired; and WHEREAS, the project has now advanced to the next phase which involves preparation of design plans and completion of the permitting process based on information acquired during the feasibility study; and
WHEREAS, City staff has worked with Harris and Associates to develop a scope of work to continue these efforts which is embodied in the Amendment.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALINAS, that Amendment No 1 to the Professional Services Agreement between the City of Salinas and Harris and Associates to provide professional services related to the Salinas Creeks Maintenance and Enhancement Plan project in the amount of $363,868 is hereby approved; and BE IT FURTHER RESOLVED that the Mayor of Salinas is hereby authorized and directed, for and on behalf of the City of Salinas, and as its act and deed, to execute the attached Amendment No 1 to the Professional Services Agreement. between the City of Salinas, a Charter City, and Harris and Associates, a California Corporation; and
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute extensions and/or non-substantial modifications to the Agreement, as necessary.

PASSED AND APPROED this 24th day of October 2023 by the following vote:

AYES:

NOES:

ABSENT:

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ABSTAIN:

APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
___________________
Patricia M. Barajas, City Clerk

Version: November 2022
AGREEMENT —AMENDMENT NO. 1 TO

AGREEMENT FOR PROFESSIONAL SERVICES FOR ENVIRONMENTAL CONSULTANTS/CONTRACTORS

BETWEEN

HARRIS AND ASSOCIATES AND CITY OF SALINAS
This Amendment No. 1 to the Agreement for Professional Services (the “Amendment”) is entered into this 24th day of October 2023, by and between the City of Salinas (the “City”) and Harris and Associates, (the “Consultant”). City and Consultant may be individually referred to herein as a “Party” and collectively the City and Consultant may be referred to as the “Parties.”

RECITALS
WHEREAS, the City and Consultant first entered into an Agreement for Professional Services for Environmental Consultants/Contractors effective December 22nd, 2022, pursuant to which Consultant agreed to act as and provide certain services to the City for compensation (the “Agreement”); and WHEREAS, the City and Consultant desire to amend the Agreement to include additional scope of services provided by Consultant and to reflect the revised compensation to be paid to Consultant.

NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:

TERMS
l. The Agreement, 1. Scope of Service section, is amended and restated in its entirety as follows:

1. Scope of Service. The project contemplated and the scope of Consultant’s services are described in Exhibits B and B1, attached hereto and incorporated herein by reference.

II. The Agreement, 3. Compensation section, is amended and restated in its entirety as follows:

2. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation set forth in Exhibits B, and B1. The total amount of compensation to be paid under this Agreement shall not exceed three hundred sixty‐three thousand eight hundred sixty eight dollars ($363,868).

III. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.

Version: November 2022
IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Consultant have entered into this Agreement as of the date first written above.

CITY OF SALINAS
___________________________________
Jim Pia, Interim City Manager
APPROVED AS TO FORM:
___________________________________
□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney

HARRIS AND ASSOCIATES
____________________________________
Frank Lopez
Principal‐in‐Charge, Harris and Associates, Inc.
1 MEMORANDUM
To: Brian Frus, P.E., Senior Engineer, City of Salinas
From: Kate Elliott and The Harris Team
RE: Scope of Work for the Salinas Creeks Flood Control Project (Phase II) Date: September 28, 2023 (updated October 6, 2023)
Introduction
The Harris Team (Harris & Associates, EcoSystems West Consulting Group, Albion Environmental, and Waterways Consulting, Inc.) will assist the City of Salinas (City) with the Salinas Creeks Flood Control Project1 (Project), including flood control management, mitigation, and habitat enhancement of Gabilan Creek and Natividad Creek.

During Phase I of the Project, Waterways’ Feasibility Study identified critical locations along Gabilan and Natividad Creeks to target for flood control actions, including sediment removal, construction of an alternate main channel for Natividad Creek, and bank slope stabilization and reconstruction of Gabilan Creek (Figure 1).

These key locations include:
• A reach of Gabilan Creek located along Coventry St and Independence Blvd where Waterways proposes that aggraded sediment be removed.
• A lower reach of Gabilan Creek near the Constitution Soccer Complex and First Tee Monterey County where Waterways proposes that the creek bank be laid back to repair the incised channel and stabilize the embankments; and
• A reach of Natividad Creek in upper Natividad Creek Park, immediately south of Boronda Rd, where Waterways proposes that an alternate channel be constructed to allow for on-going access and sediment removal without impacting the existing creek channel or riparian vegetation.

Proposed flood control actions also include the removal of aggraded sediment under the Boronda bridges over both creeks and on-going maintenance, as needed, to ensure the creeks retain their flood capacity to protect public safety. Together, these activities constitute the proposed Project. To facilitate 2025 Project implementation, the Harris Team will perform the following tasks during Phase II:

1. Project Management and Project Description

2. Technical Studies to Support Project Permitting

3. CEQA Compliance/Documentation

4. Regulatory Compliance/Permitting

5. Natividad Creek and Gabilan Creek Maintenance Plan and Conceptual Mitigation Plan

6. Concept Level, 65%, and 100% Design Plans
During Phase II, the Harris Team will draft a detailed Project Description describing proposed flood control actions. Waterways will develop Conceptual Designs and Engineering Design Plans for the Project and the Harris Team will focus aquatic, biotic, and cultural resources assessments on the specified locations (Project Areas) identified during Phase I. The Project Description, plans and assessments will provide the basis for project permitting, conceptual mitigation, and inform future maintenance activities. 1 This discrete Project is part of the City of Salinas Creeks and Wetlands Maintenance Plan and Mitigation and Enhancement Program.

Exhibit B-1
Task 1. Project Management/Detailed Project Description Task 1.1 – Project Management and Coordination
The Harris Team will continue to work closely with the City to meet the City’s needs for flood control (sediment management and maintenance), mitigation, and habitat enhancement. Our primary goal for Task 1.1 will be to effectively track Project meetings (including meetings with project stakeholders, Task 1.2), tasks, timelines, and schedule to ensure cost effectiveness and efficiency at accomplishing Project goals to move the Project to implementation. The Harris Team will prepare the detailed Project Description for review by the City (Task 1.3) as the Project advances toward Permitting (Task 4).

Task 1.2 – Meetings with City Staff and Stakeholders
The Harris Team will meet with City Staff to define current and future maintenance practices that the City performs/will perform within the creeks, wetlands, and Natividad Detention Basin. Maintenance Plan actions may include, but are not limited to, flood management/sediment control, bank stabilization, erosion control, outfall structure maintenance and repair, flood gate maintenance and repair (coordinate with NPDES program), culvert maintenance, repair and replacement, and vegetation management.

The Harris Team will conduct follow-up meetings with potential stakeholders listed below to identify opportunities for coordination and partnership.

NPDES MS4 Program
The Harris Team reviewed those features, structures, and maintenance actions subject to the City’s National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Program.

Municipal discharges of stormwater and non-stormwater from all municipal separate storm sewer system (MS4) discharge points within the City’s boundaries are subject to waste discharge requirements under Order R3-2019- 0073 and NPDES as issued by the Central Coast Regional Water Quality Control Board for the period October 1, 2019 through September 30, 2024. These MS4 discharges are regulated under Section 402 of the Clean Water Act (CWA) as well as Porter-Cologne Water Quality Control Act and other applicable state, federal, and regional regulations.

The creeks within the City’s jurisdiction and the Salinas River are considered receiving waters for municipal discharges and, as such, under the NPDES MS4 Program, are subject to the City’s Pollutant Load Reduction Plan (PLRP), Stormwater Resource Plan (SRP), List of Structural Best Management Practices (BMPs)2 , and
Maintenance Plan for MS4 components (for both the conveyance system and structural BMPs).

Only features that are in federal jurisdiction are in need of additional permitting for impacts associated with flood control and other maintenance activities. The Harris Team will clearly define the features and activities already covered under existing NPDES permit and identify potential overlap and interaction between NPDES maintenance activities and those activities proposed for flood control and other preventative maintenance. 2 Structural BMPs are infrastructure/facilities that are constructed or installed to prevent pollutants in storm water runoff from leaving a developed property, entering storm drains, and impacting our local waterways, and include sediment basins, vegetated swales, and other types of catchments. All types of structural BMPs require regular inspection and maintenance to ensure that they are operating effectively, so the City maintains all of their existing sediment basins and some creeks under the maintenance requirements of the NPDES permit.

Salinas Community Development for Future Growth Area (Central Area Specific Plan and East Area Specific Plan) The Harris Team will schedule follow-up meetings with City planners and review existing Specific Plan documents to identify opportunities for mitigation with the future Growth Area footprints and to address sedimentation as it enters the proposed future boundary of the City limits - i.e. to modify proposed land use boundaries and/or to work within the proposed open space boundaries along the hydrologic flood plains of Gabilan Creek and Natividad Creek for sediment capture, to better capture sediments and consolidate future maintenance activities.

Big Sur Land Trust Carr Lake Project
The Harris Team proposes that a portion of mitigation for impacts associated with City’s Maintenance Plan activities include a partnership with the Big Sur Land Trust. The Big Sur Land Trust owns 73 acres within Carr Lake and has 90% design plans to create a multi-benefit central park that will include ecological restoration, water quality improvement and flood control. The Harris Team had an initial meeting with the Big Sur Land Trust to discuss a partnership in restoration as a component of mitigation. As we refine the Maintenance Plan and the City’s specific needs for mitigation, the Harris Team will continue to work with the Big Sur Land Trust to specify the City’s potential contribution to ecological restoration in Carr Lake. 2019 Storm Water Resource Plan for the Greater Monterey County Integrated Regional Water Management Region
The Harris Team has reviewed background documentation on flood management, water quality, and various existing and proposed plans and programs to address sedimentation and restore and enhance the region’s watersheds. Much of this documentation is summarized in the 2017 and 2019 Storm Water Resource Plan (updated 2021).

City of Salinas Recreation and Community Service Department The Harris Team had two meetings with City of Salinas Recreation and Community Service Department (Recreation Department). The Recreation Department has agreed to the construction of the new channel orientation in Natividad Park, while preserving the existing disc golf course. The Harris Team will continue to work with the Recreation Department to discuss acreage requirements for Natividad Creek channel construction, Conceptual and Final Design Plans, and habitat enhancement opportunities.

Monterey County Resource Conservation District and the Natural Resources Conservation District The Monterey County Resource Conservation District (RCD) and the Natural Resources Conservation Service (NRCS) have existing programs to work with farmers to voluntarily protect water quality. In addition, the RCD has established programs to restore aquatic features and riparian habitats. Harris has worked with the City and the RCD to develop a draft contract for the provision of services by the RCD to the City. Where applicable, the following RCD programs can be incorporated into the enhancement plan.  Farm and Ranch Runoff. The RCD and the NRCS assist local land managers with conservation practices to manage farm runoff to protect water quality through “slow the flow” techniques and practices including:
• permanently vegetated borders along fields (filter strips), • vegetated ditches and constructed wetlands (vegetated treatment systems), • water and sediment basins, and
• grade stabilization, gully repair, streambank protection, and erosion control.

Permitting resource agencies typically favor actions that address the problem at its source and thereby provide larger on-going benefits to ecological resources and reduce overall ongoing maintenance activities.

The Central Coast Regional Water Quality Control Board (Regional Board) has indicated that efforts to reduce creek sediments before entering the City limits should be explored, and may be formal permit conditions. This element will necessitate further coordination with the RCD, the NRCS, and with relevant land managers. With the City’s approval, EcoSystems West will work with the RCD and the NRCS to identify mechanisms for implementing this aspect of the enhancement plan, such as an in-lieu fee program, whereby a portion of mitigation for impacts within the City limits would be offset by funding this off-site program.

Task 1.3 – Draft and Final Detailed Project Description Harris & Associates and EcoSystems West will continue to work with the City to prepare the Detailed Project Description. The Detailed Project Description includes an overview of the creeks and creek-related resources within City boundaries, a description of the existing maintenance activities, proposed flood control actions (Project), and anticipated future maintenance. Waterways has identified three locations for flood control construction activities that will include sediment removal, construction of an alternate flow channel, and bank slope stabilization and reconstruction (Figure 1). These key locations include:
• An upper reach of Gabilan Creek located along Coventry St and Independence Blvd, • A lower reach of Gabilan Creek near the Constitution soccer complex and First Tee Monterey County, and • A reach of Natividad Creek in Natividad Creek Park.

The Detailed Project Description will be developed in compliance with existing regulatory requirements and guidance documents (e.g., NPDES programs, relevant City planning documents), as determined in coordination with the City. The Detailed Project Description will identify future maintenance activities based on hydrologic analysis, proposed mitigation and enhancement sites, the type of feature proposed, construction requirements, and a descriptive overview of the activities required to maintain these features. These activities would be subject to approval by the relevant regulatory agencies and would be developed in consultation with the agencies, which are anticipated to include the US Army Corps of Engineers (USACE), California Department of Fish and Wildlife (CDFW), and Central Coast Regional Water Quality Control Board (Regional Board or RWQCB).

Task 1 Meetings, Deliverables, and Assumptions:
o The Harris Team will attend up to 4 field meetings with City personnel to discuss the City’s current and future maintenance activity needs.
o With City approval, the Harris Team will attend up to 3 meetings with Project stakeholders to identify opportunities to avoid, minimize, and mitigate for potential impacts associated with the Project. o This scope assumes that the partnerships and coordination with other stakeholders will be developed to a viable conceptual level, which will be further developed as part of the Conceptual Mitigation Plan (Task 5).
o The Harris Team will prepare the Draft and Final Project Description for City. This scope assumes there will be one round of review of the draft Project Description (Task 1.3), the City will provide one set of consolidated comments, and the comments will not require major changes to the document.

Task 2. Technical Studies
Technical assessments and studies will be prepared for aquatic resources, biological resources, and cultural resources, as well as hydrologic and hydraulic analysis, to provide the scientific basis for the permitting process, and to allow the Harris Team to provide a quantitative impact assessment to the regulatory agencies. The technical studies also enable us to work with the City to minimize impacts through careful design of current and future maintenance activities, and to identify suitable locations for mitigation and enhancement.

Task 2.1 – Assessment of Aquatic Resources
During Phase I, a reconnaissance assessment of aquatic resources was conducted for the Project. During Phase II within the Project Areas identified for flood control activities, the wetlands specialist will map aquatic features and collect sample points at representative locations.

Waters and wetlands (aquatic resources) of the U.S. are protected under the federal Clean Water Act (CWA), and impacts to these resources require mitigation. An aquatic resources delineation determines the extent of wetlands and waters of the U.S. within the City’s defined Maintenance Plan areas and will be submitted to the US Army Corps of Engineers (USACE) during permitting. An aquatic resource delineation is valid for 3 years following verification by the USACE (with subsequent renewal possible).

EcoSystems West will map the relevant aquatic features and adjacent habitats using ArcGIS and resource-grade GPS. Waterways and EcoSystems West will identify and map the Ordinary High Water Mark (OHWM) of the creeks and wetland boundaries to determine the jurisdiction of the USACE. EcoSystems West will delineate the break in bank and/or boundary of the riparian habitat to determine the jurisdiction of the Regional Board and CDFW. These boundaries will be depicted in ArcGIS shapefiles, geodatabase, and maps.

EcoSystems West will prepare a draft aquatic resources delineation report for the proposed Project Areas within Natividad Creek and Gabilan Creek. This delineation of wetlands and “other waters” of the U.S. would be prepared using protocols outlined in the USACE Wetlands Delineation Manual (Environmental Laboratory 1987) and the Regional Supplements to the Corps of Engineers Wetland Delineation Manual: Arid West Region, Version 2.0 (Environmental Laboratory 2008). The USACE defines three criteria to delineate wetlands: (1) hydrophytic vegetation, (2) wetland hydrology, and (3) hydric soils. The OHWM is defined as “that line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.” The draft of the delineation report would be submitted to the City for review, comment, and approval prior to submittal of the final report to the USACE.

Task 2.1 Meetings, Deliverables, and Assumptions:
o GIS files and maps of aquatic features and riparian habitat subject to maintenance activities within the City’s boundaries.
o Draft and final Aquatic Resources Delineation for Natividad Creek and Gabilan Creek. o EcoSystems West will attend one (1) meeting in the field with USACE personnel, as needed, to confirm the aquatic resources delineation.

Task 2.2 –Hydrologic and Hydraulic Modeling (See also Waterways Scope of Work and Cost Estimate)
Waterways will perform a hydrologic analysis of the project areas and a hydraulic model of the channel and floodplain. These studies will inform design geometry and channel and bank treatments. A FEMA-certified norise analysis of the 100-year floodplain will also be conducted to demonstrate the project will not increase flood heights in the surrounding areas.

Task 2.2 Deliverables and Assumptions:
o Hydrologic and Hydraulic Modeling
o GIS Files and Maps of Relevant Data
o Mapping/Modeling of the OHWM
Task 2.3 – Biotic Assessment
A biotic assessment, which characterizes the biological resources within the proposed Project Areas is required for regulatory compliance and will be submitted to the City, USACE [which may consult with US Fish and Wildlife Service (USFWS) if federal Endangered Species Act (FESA)-listed species are present], Regional Board, the California Department of Fish and Wildlife (CDFW) during the permitting process.

The Harris Team will sensitive biological resource data from USFWS, CDFW, California Natural Diversity Database (CNDDB); and other recognized lists of sensitive resources focusing on the specified Project Areas. Additionally, the team has communicated with other local experts about occurrences of sensitive wildlife species, including federally Threatened California red-legged frog (CRLF) that have not been recorded in official databases. Based on this research and these sources, we will develop target lists of sensitive plant and wildlife species with potential to occur in the City’s maintenance areas.

The biotic assessment will describe the biological resources present or potentially present in Natividad Creek and Gabilan Creek. The biotic assessment will include a discussion of existing habitat conditions, documented occurrence of sensitive species in the maintenance areas, potential impacts, and measures to avoid, mimimize, or mitigate for adverse impacts.

The Harris Team will use resource grade-GPS and ArcGIS to map sensitive habitats adjacent to aquatic features.

All biological resources will be presented in detailed maps or mapbooks. The mapbooks will also depict potential impacts and inform protective measures as well as the development of the Conceptual Mitigation Plan (Task 5) and Conceptual and Engineering Design Plans (Task 6).

A draft of the biotic assessment will be submitted to the City for review, comment, and approval prior to submittal to the agencies.

Task 2.3 Deliverables and Assumptions:
o Draft and Final Biotic Assessment for Natividad Creek and Gabilan Creek. o Map/s of Biological Resources (sensitive habitats, plants, wildlife species, and wildlife movement). o This scope assumes that there will be one round of review of the Draft Biotic Assessment, the City will provide one set of consolidated comments, and the comments will not require major changes to the document.

Task 2.4 – Cultural and Historical Resources Report
Maintenance activities that fall under the jurisdiction of the USACE (and are subject to Section 404 of the Clean Water Act) also must comply with Section 106 of the National Historic Preservation Act (NHPA) through consultation with the State Historic Preservation Officer (SHPO) and Native American tribes.

The Harris Team will identify and map the Project Area [Area(s) of Potential Effect (APE)], on which direct ground disturbance may occur. The APE boundaries will define the limits of cultural resources studies including background research, an updated records search, tribal outreach, and field survey. Albion Environmental will assess whether any cultural and historic built resources are located directly in or adjacent to the areas of proposed ground disturbance.

Albion’s background research will include conducting a cultural and historic resources records search at the Northwest Information Center (NWIC), requesting information related to Native American resources from the Native American Heritage Commission, and any Native American contacts that are identified by the Commission, reviewing historical maps and documents, and conducting a desktop geoarchaeological review of local soil conditions for evidence of potential buried cultural resources. When possible, the results of these efforts will be used to help guide ground disturbing activities that may impact known cultural resources or refine proposed work in areas that have been identified as sensitive for supporting cultural resources.

A pedestrian field survey will be conducted to identify previously undocumented archaeological and historic built resources visible on the ground surface. The archaeologist will carefully inspect the ground surface to identify artifacts, features, and infrastructure, and assess the local geomorphic context. If resources are identified, the survey team would document them for future study.

The results of Albion’s study will be compiled into a technical report to be used for regulatory compliance. The report will contain an abstract, introduction, natural and cultural context, results of background research, results of Tribal outreach, field methods, survey results, summary and discussion of cultural resource sensitivity for the APE, and if needed, recommendations for additional work needed to complete requirements under NHPA regulations. The report will also include completed site records for any sites or isolates identified during survey.

See also Albion Scope of Work and Cost Estimate (Attachment C).

Task 2.4 Deliverables and Assumptions:
o Draft and Final Cultural Resources Report
o Outreach letters to Native American stakeholders
Task 3. CEQA Compliance/Documentation
In compliance with the requirements of the California Environmental Quality Act (CEQA), Harris will prepare the appropriate CEQA documentation for the Plan. We will first explore the use of an exemption from CEQA. If the plan does not meet the requirements for an exemption, an initial study/mitigated negative declaration (IS/MND) would likely be required.

Task 3.1 – CEQA Exemption
The Harris team in coordination with the City will explore the use of the following exemptions.

Categorical Exemption – Minor Alterations to Land (CEQA Guidelines 15304). Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. Examples include but are not limited to:
• Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and local regulatory agencies (g).

Task 3.1 Deliverables and Assumptions:
o Draft and Final Notice of Exemption with Supporting Documentation o For the purposes of this scope of work and cost estimate, it is assumed that an exemption applies.

However, the appropriate CEQA documentation will be determined once the detailed Project Description is complete.

Task 3.2 – Optional: CEQA Initial Study/Mitigated Negative Declaration (If Needed) If an exemption does not apply, the Harris team will prepare an IS/MND that evaluates the following environmental topics, in accordance with the State CEQA Guidelines, Appendix G, and relevant regulations.

Aesthetics
Agriculture and Forestry Resources
Air Quality
Biological Resources
Cultural Resources
Energy
Geology and Soils
Greenhouse Gas Emissions
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use and Planning
Mineral Resources
Noise
Population and Housing
Public Services
Recreation
Transportation
Tribal Cultural Resources
Utilities and Service Systems
Wildfire
Mandatory Findings of Significance
This task also includes preparing the Notice of Intent (NOI) to adopt an MND and the Notice of Completion (NOC), as well as filing the notices with the County Clerk and State Clearinghouse, respectively. This scope assumes that the City will be responsible for additional distribution and noticing requirements (e.g., newspaper, onsite posting) in accordance with City and CEQA requirements.

Following the 30-day public review period, Harris will review and respond to comments received on the IS/MND in memorandum format for City consideration and for the administrative record. If comments identify errors or other necessary changes to the IS, we will prepare a revised IS, along with the final MND.

CEQA does not require formal responses to comments, preparation of a final document with comments/responses, nor a public hearing during the 30-day review period for an IS/MND. Therefore, these items have not been included in the scope. However, CEQA does require that the City notify the commenting agencies in writing of any public hearing to be held for the Plan at least 10 days in advance, and it is recommended the City provide responses to the agency comments as part of this notice. The response memorandum we prepare can be used for this.

Additionally, we will prepare the Mitigation Monitoring and Reporting Program (MMRP) in tabular format, in coordination with the City to determine appropriate monitoring/reporting responsibilities. The MMRP will include all mitigation that has been identified in the IS/MND, in additional to avoidance and minimization measures and Best Management Practices (BMPs) include in the Plan description.

Finally, once the City has approved the MND and voted to approve the Plan, we will prepare the Notice of Determination (NOD) and submit it to the County Clerk and State Clearinghouse. The NOD must be filed within five working days of the City’s approval on the Plan to initiate a 30-day statute of limitations for legal challenge of the MND. The costs for the County Clerk and California Department of Fish & Wildlife (CDFW) MND filing fees, which must be paid upon filing the NOD with the County Clerk, are not included in this scope.

Optional Task 3.2 Deliverables and Assumptions:
o Draft and Final IS/MND (electronic format)
o MMRP (electronic format)
o NOI, NOC, NOD to file with the County Clerk and State Clearinghouse. o This scope assumes that there will be one round of review of the Draft IS/MND, the City will provide one set of consolidated comments, and the comments will not require major changes to the document. o Harris will be responsible for submitting the IS/MND electronically to the State Clearinghouse, providing an electronic copy to the City for posting on the City website, and for filing the notices (NOI, NOC, NOD) with the County Clerk and State Clearinghouse.
o The City will be responsible for printing and distributing any hard copies; additional noticing (e.g., distribution of the NOI, newspaper notice) in accordance with CEQA requirements; and for paying the County Clerk and CDFW filing fees for an MND.
o For the purposes of this scope of work and cost estimate, it is assumed that an exemption applies.

However, the appropriate CEQA documentation will be determined once the draft plan is complete. If it is determined that an IS/MND is required, a detailed cost estimate will be provided.

Task 4. Regulatory Compliance/Permitting
This regulatory compliance/permitting task includes on-going consultation with the agencies, the preparation of permit application packages, and additional agency coordination/consultation to finalize permit requirements.

For one-time sediment removal, EcoSystems will utilize the hydrologic and hydraulic modeling conducted by Waterways (Task 2.2) to identify impacts associated with construction activities (sediment removal, construction of an alternate flow channel, and bank slope stabilization and reconstruction) to restore flood capacity in each creek. We will also calculate on-going impacts associated with new proposed maintenance regimes.

Task 4.1 – On-Going Agency Consultation to Further Refine Permitting Strategy and Development Mitigation and Enhancement
The Harris Team will coordinate with the agencies in advance to facilitate permit approval for the actions proposed in the project such that the City will comply with the federal Clean Water Act, federal and state Endangered Species Acts, National Historic Preservation Act, and Fish and Game Codes.

Once the permit applications and reports are submitted to the agencies [USACE (USFWS, NOAA Fisheries, SHPO), Regional Board, and CDFW] (Task 4.2 below), there is typically additional agency coordination and information required to finalize and obtain the permits.

To date, Harris and EcoSystems West have had several communications with the resources agencies regarding the proposed project and agency requirements for avoidance, minimization, and mitigation.

The Harris Team will continue to coordinate with the agencies regarding mitigation, monitoring, and adaptive management requirements to offset impacts from implementation of the Project. The Conceptual Mitigation Plan (Task 5.2) would be developed in conjunction with the regulatory agencies.

Task 4.1 Deliverables and Assumptions:
o After permit application submittal, Harris will provide regular email updates to the City. o This scope assumes that the agencies will not require major changes to the permit packages, other than the refinement of the Conceptual Mitigation Plan. In the event that additional coordination is determined to be necessary (e.g. if it is determined that a more developed Habitat Mitigation and Management Plan is required by the agencies), a scope and budget augment would be requested.

Task 4.2 Permit Packages
Impacts to natural resources associated with Project implementation (including impacts that occur within the 100-year flood elevation to riparian habitats, wetlands, and other biological resources) require regulatory compliance with CWA Section 404 (USACE), CWA Section 401 (Regional Board), and California Fish and Game Codes (CDFW).

US Army Corps of Engineers (USACE)
This task includes preparation of the relevant USACE permit application form with a detailed description of the Project and permanent and temporary impacts to waters of the U.S. The figures for this report will be prepared using Engineering Design Plans for flood control actions. The Aquatic Resources Delineation (Task 2.1) will illustrate the type and extent of aquatic resources, including creeks and wetlands, within the Project Areas. The Harris Team will depict impacts to aquatic resources by overlaying Engineering Design Plans onto the aquatic resources shape files using ArcGIS.

The permit package will include the Aquatic Resources Delineation report (prepared in Task 2.1), the Biotic Assessment (prepared in Task 2.3), and the Cultural and Historical Resources report (prepared in Task 2.4). A draft application package will be submitted to the City for review, comment, and approval prior to submittal to the USACE.

US Fish and Wildlife Service (USFWS)
If adverse effects to federally-listed species or critical habitat may occur, the USACE would initiate consultation with USFWS pursuant to Section 7 of the FESA. Our qualified biologists will prepare sufficient documentation, with a thorough review of federally-listed species and/or habitats present at or near the Project Areas, for submittal to the USACE for formal consultation with USFWS.

Regional Water Quality Control Board (Regional Board)
A Section 401 Water Quality Certification (WQC) must be obtained from the Regional Board for impacts to wetlands, waters of the U.S. and/or waters of the state. Therefore, this task includes preparing an application for WQC/WDR, as appropriate, for submittal to the Regional Board that would be based, in large part, on the information developed for the USACE permit application.

The application package will include a cover letter, description of existing conditions, discussion of impacts to aquatic features (including riparian habitat), description of avoidance and minimization measures, and a completed application form. The application package will also include demonstration of CEQA compliance (Task 3) and analysis of impacts to biological resources (Task 2.3). A draft of the WQC/WDR application package would be submitted to the City for review, comment, and approval prior to submittal to the Regional Board. A permit processing/filing fee will be required from the City at the time of application submittal. The fee amount will be based on the extent of temporary and permanent impacts.

California Department of Fish and Wildlife (CDFW)
The CDFW has jurisdiction over creeks below the break-in-bank and/or associated riparian habitat that may be impacted by project activities. As such, this task includes preparing an application for a Lake and Streambed Alteration Agreement (LSAA) pursuant to Section 1602 of CFGC. The application would include a cover letter, standard notification form, CEQA compliance (Task 3), and other necessary attachments (wetland delineation, figures, plans, biological assessment (Task 2.3). A draft of the LSAA application package will be submitted to the City for review, comment, and approval prior to submittal to CDFW. An application filing/processing fee will be required from the City at the time of application submittal. The fee amount is based on the cost of the proposed work in CDFW’s jurisdiction.

Task 4.2 Deliverables and Assumptions:
o Permitting packages for USACE (and USFWS), Regional Board, and CDFW regulatory compliance. o This scope assumes that, for each permitting package, there will be one round of review, the City will provide one set of consolidated comments, and the comments will not require major changes to the permitting package.
o All permit fees will be paid by and provided directly from the City to regulatory agencies. o This task does not include any site visits with agency personnel, although the scope may be amended to include these meetings, if requested by the City and/or agencies.

Task 5. Natividad Creek and Gabilan Creek Maintenance Plan and Conceptual Mitigation Plan
The Harris Team will work with the City to develop a plan for future maintenance activities necessary to retain flood control within Natividad Creek and Gabilan Creek (a component of the Project). In addition, we will draft a conceptual plan to mitigate for impacts associated with all aspects of the Project, including proposed flood control actions and future maintenance activities.

Task 5.1 Natividad Creek and Gabilan Creek Maintenance Plan Future maintenance activities will likely be required to retain flood capacity within Natividad Creek and Gabilan Creek to protect public safety. The Maintenance Plan will include a descriptive overview of the activities required to maintain these features, ideally at discrete accessible locations designed to capture sediments.

These activities would be subject to approval by the relevant regulatory agencies including USACE, CDFW, and the Regional Board. The overall goal of the Project is to reduce the need and increase the interval for on-going maintenance. The Harris Team will work with the City to develop a feasible future maintenance plan.

Task 5.2 Prepare Conceptual Mitigation Plan (or Habitat Mitigation and Monitoring Plan) Implementation of the Project (flood control actions, one-time sediment removal and on-going maintenance activities) will require a Conceptual Mitigation Plan to compensate for impacts to aquatic resources and adjacent riparian habitats. Task 5 may include coordination with other stakeholders and programs including:
• City Community Development (Future Growth Area),
• RCD and the NRCS,
• Monterey County farmers,
• Big Sur Land Trust (Carr Lake Project), and
• City NPDES permit programs.

Substantial comprehensive work has been done over a period of many years to describe and analyze regional, County-wide, and City-wide aquatic resources, stormwater, pollution, and sediment loads in the City and Monterey County, and in the Salinas River watershed. Our goal is to avoid duplication of efforts, to draw upon the resources developed to date, and take advantage of existing programs that could improve efficiency and reduce costs. To that end, the Conceptual Mitigation Plan includes the following components:

A) Flood Control Actions Conceptual Designs and Engineering Design Plans (Task 6); B) Habitat Restoration/Enhancement within the City limits, including possible partnership and/or funding through in lieu fees with the Big Sur Land Trust and/or other identified stakeholders; and C) Sediment Load Reduction through coordination with identified stakeholders and funding through possible in lieu fees for other existing/proposed programs including both off-site (outside of the City limits) and within the Future Growth Areas.

To this end, the Conceptual Mitigation Plan would include the following sections:
 Project Description (Task 1), including existing flood management/sediment control; bank stabilization; erosion control; and future proposed maintenance actions required to maintain flood control.  Summary of Hydrologic and Hydraulic Modeling.
 Ecological enhancement opportunities within City creeks and wetlands.  Improve the flood capacity of City creeks, the Salinas Stormwater Outfall, and Natividad Detention Basin by:
• managing sediments before they enter the City limits through existing programs and new programs in coordination with the City’s NPDES permit programs, the City’s Future Growth Area, County, the RCD, NRCS, Monterey County farmers and other adjacent neighboring landowners (as feasible), Central Coast Wetlands Group (Gabilan Flood Plain Enhancement Project), Big Sur Land Trust (Carr Lake Project), and other stakeholders;
• identification of locations for flood control management features and critical locations that can be maintained/cleared on a regular basis;
• identification of channel recontouring locations;
 Reduce pollution in City creeks using natural vegetative treatment filtration systems such as bioswales positioned at key locations.
 Enhance ecological functions and values of aquatic and riparian habitat in creek corridors and wetlands through invasive species removal, and native plant restoration compatible with flood management objectives (i.e., this would not include planting willows in flood corridors).  Improve in-stream and near-stream infiltration/percolation of surface flows into the aquifer through design where possible.
 Manage open spaces adjacent to creeks and wetlands to improve the community benefits of the creeks and riparian corridors, and to deter unregulated encampments and the associated potential impacts on public safety (including fire prevention), water quality, and on the ecological integrity of the City’s creeks and wetlands.

Task 5 Deliverables and Assumptions:
o Up to three (3) meetings with City personnel to discuss Maintenance Plan and Mitigation Plan goals o The Harris Team will attend meetings partners to further coordinate and develop agreements to avoid, prevent, minimize, and mitigate for potential impacts associated with the Project (Task 1) o Draft and Final Maintenance Plan (electronic format)
o Draft and Final Conceptual Mitigation Plan (electronic format) o This scope assumes that meetings with partners will not exceed six (6) total hours. In the event that additional coordination is determined to be necessary, a scope and budget augment would be requested.
o This scope assumes that there will be one (1) round of review, the City will provide one set of consolidated comments, and the comments will not require major changes to the program.

Task 6. Flood Control Design Plans
Based on the Feasibility Study conducted during Phase I, Waterways has identified design features and proposed actions so that maintenance (sediment and vegetation removal) would occur in discrete locations to improve maintenance efficiency, reduce maintenance costs, and reduce on-going impacts to the City’s creeks. Features and actions will include but are not limited to:
• An upper reach of Gabilan Creek located along Coventry St and Independence Blvd • A lower reach of Gabilan Creek near the Constitution soccer complex and First Tee Monterey County; and • A reach of Natividad Creek in Natividad Creek Park.

Waterways will prepare conceptual designs, and 65% and 100% engineering design plans. See also Waterways Scope of Work and Cost Estimate (Attachment B).

Task 6 Deliverables and Assumptions:
o Up to three (3) meetings with City personnel to discuss proposed features and designs o Conceptual Plans (electronic format)
o 65% and 100% Engineering Design Plans
o This scope assumes that there will be two (2) rounds of review for conceptual plans and three (3) rounds of review for engineering design plans.

Cost Estimate
The cost estimate to conduct the work described above is $278,139.00 (Attachment A).

Attachments
A, Cost Estimate
B, Waterways Consulting
C, Albion Environmental
$280.00 $145.00 $155.00 $155.00 $170.00 $160.00 $160.00 $135.00 $190.00 $140.00 $130.00 $210.00 Task 1: Project Management and Maintenance Plan Description Task 1.1 Project Management and Coordination 26.0 24.0 8.0 36.0 32.0 12.0 $ 26,160.00 Task 1.2 Meetings with City Staff and Stakeholders 24.0 . 24.0 24.0 8.0 $ 15,920.00 Task 1.3 Draft and Final Maintenance Plan Description 24.0 2.0 4.0 8.0 12.0 4.0 $ 11,610.00 Hours Subtotal 74 0 2 4 24 40 72 0 44 12 0 0
Task 1 Subtotal $20,720.00 $0.00 $310.00 $620.00 $4,080.00 $6,400.00 $11,520.00 $0.00 $8,360.00 $1,680.00 $0.00 $0.00 $ - $53,690.00 Task 2: Technical Reports
Task 2.1 Jurisdictional Delineation of Aquatic Resources 8.0 2.0 56.0 4.0 8.0 $ 12,700.00 Task 2.2 Hydrologic and Hydraulic Modeling 20.0 44.0 55.0 58.0 $ 29,290.00 Task 2.3 Biotic Assessment 1.0 40.0 6.0 16.0 2.0 48.0 0.0 8.0 $ 18,590.00 Task 2.4 Cultural and Historical Resources Report 1.0 $ 5,000.00 $ 5,280.00 Hours Subtotal 2.0 40 6 24 4 104 4 8 28.0 44 55 58
Task 2 Subtotal $560.00 $5,800.00 $930.00 $3,720.00 $680.00 $16,640.00 $640.00 $1,080.00 $5,320.00 $6,160.00 $7,150.00 $12,180.00 $ 5,000.00 $65,860.00 Task 3: CEQA Compliance/Documentation
Task 3.1 CEQA Exemption 8.0 16.0 1.0 2.0 2.0 2.0 $ 5,665.00 Task 3.2 Optional: Initial Study/Mitigated Negative Declaration (TBD) $ - Ballpark estimate for Task 3.2 is an additional $35,000 $ - Hours Subtotal 8.0 16 1 2 0 2 2 0 0 0 0 0
Task 3 Subtotal $2,240.00 $2,320.00 $155.00 $310.00 $0.00 $320.00 $320.00 $0.00 $0.00 $0.00 $0.00 $0.00 $ - $5,665.00 Task 4: Regulatory Compliance/Permitting
Task 4.1 Agency Consultation 4.0 16.0 48.0 12.0 20.0 $ - $ 16,000.00 Task 4.2 Permit Packages 32.0 8.0 4.0 16.0 40.0 16.0 $ 17,680.00 Hours Subtotal 0.0 32 0 8 8 32 88 16 12 20 0 0
Task 4 Subtotal $0.00 $4,640.00 $0.00 $1,240.00 $1,360.00 $5,120.00 $14,080.00 $2,160.00 $2,280.00 $2,800.00 $0.00 $0.00 $ - $33,680.00 Task 5: Mitigation and Enhancement Program
Task 5.1 Natividad Creek and Gabilan Creek Maintenance Plan 4.0 4.0 48.0 32.0 16.0 20.0 $ 20,500.00 Task 5.2 Conceptual Mitigation Plan 4.0 16.0 4.0 4.0 48.0 32.0 16.0 $ 19,700.00 Hours Subtotal 8.0 16.0 0.0 8.0 4.0 96.0 64.0 32.0 20.0 0.0 0.0 0.0 Task 5 Subtotal $2,240.00 $2,320.00 $0.00 $1,240.00 $680.00 $15,360.00 $10,240.00 $4,320.00 $3,800.00 $0.00 $0.00 $0.00 $ - $40,200.00 Task 6: Conceptual and Engineering Design Plans (TBD)
Task 6.1 Conceptual Design Plans 4.0 4.0 2.0 58.0 $ 9,670.00 Task 6.2 Engineering Design Plans 8.0 8.0 2.0 126.0 160.0 $ 49,170.00 Hours Subtotal 0.0 0.0 0.0 0.0 0.0 12.0 12.0 4.0 126.0 218.0 0.0 0.0 Task 6 Subtotal $0.00 $0.00 $0.00 $0.00 $0.00 $1,920.00 $1,920.00 $540.00 $23,940.00 $30,520.00 $0.00 $0.00 $ - $58,840.00 Task 7: Salinas Outfall Emergency (RGP 5) Project
Task 7.1 Permitting and Agency Consultation 7 36 18 $ 9,310.00 Hours Subtotal 0.0 0.0 0.0 0.0 7.0 36.0 18.0 0.0 0.0 0.0 0.0 Task 7 Subtotal $0.00 $0.00 $0.00 $0.00 $0.00 $1,120.00 $5,760.00 $2,430.00 $0.00 $0.00 $0.00 $0.00 $ - $9,310.00 SUBTOTAL TASKS 1-7 $25,760.00 $15,080.00 $1,395.00 $7,130.00 $6,800.00 $46,880.00 $44,480.00 $10,530.00 $43,700.00 $41,160.00 $7,150.00 $12,180.00 $5,000.00 $267,245.00 Subconsultant Markup (5%) $340 $2,344 $2,224 $527 $2,185 $2,058 $358 $609 $250 $10,894 TOTAL $278,139.00
Craig Stewart
Engineer
2-Person Survey
Crew
Lindsey Messner
Tech Editor
Harris & Associates EcoSystems West
Alec Barton
Planner/Will
Lawton Biologist
Kate Elliott
Project Director
Erin McGinty Sr
Wildlife Biologist/
Project Manager
Patti Clark/Elena
ScottBioloigst
Justin Davilla
Senior Ecologist
William Davilla
Principal
Randy Deodat
GIS Specialist
Salinas Creeks Flood Control Project (October 6, 2023)
Cultural Resources
Task Description
Fee Matt Weld
Principal Engineer

STAFF HOURS
Waterways
Lovrin
Hydrologist
Albion
10/6/2023
Attachment A
Ecological Restoration Design  ~  Civil Engineering  ~  Natural Resource Management ______________________________________________________________________________________________________ 509A Swift St, Santa Cruz, CA 95060,  Ph: 831‐421‐9291   //   1020 SW Taylor St., Ste 380, Portland, OR 97205,  Ph: 503‐227‐5979 August 27, 2023
Harris and Associates
Attn. Kate Elliott
450 Lincoln Ave
Suite 103, Salinas CA 93901
Exhibit A: Scope of Services, Job No. 23‐053A, Salinas Sediment Management – Phase 2 Engineering Design
Dear Mrs. Elliott,
Thank you for your interest in our services.  Per your request, we prepared the following proposal to provide design consultation services in support of the above referenced project.

Please review the following Scope of Services and attached Budget (Exhibit B).  If the scope and budget meet your approval and you wish to proceed, please contact us to discuss preparation of an agreement to authorize our work.

PROJECT UNDERSTANDING
Our project understanding is based on our continued support of the project from a feasibility evaluation perspective. Our staff have attended regular meetings with the project team and City staff to discuss potential scopes of projects, evaluate alternatives, and consider constraints. Our staff have also performed site visits to evaluate existing conditions and better understand the level of investigation and analysis required to successfully complete an engineered design. As part of these evaluations and discussions, we understand that three areas of work have been identified including: 1) an upper reach of Gabilan Creek located along Coventry Street and Independence Boulevard, 2) a lower reach of Gabilan Creek located near the Constitution soccer complex and First Tee – Monterey County, as well as 3) a reach of Natividad Creek in Natividad Creek Park.

The goal of our involvement will be to perform the field investigation and office analysis necessary to ultimately prepare 100% Plans, Specification and Cost estimates for the 3 identified work areas. Our involvement is anticipated to include field topographic mapping, preparation of concept through final designs, completion of hydrologic and hydraulic modeling, and well as attendance in regular progress meetings and other tasks associated with permit support as necessary.  We will strive to provide our services in a timely manner, with an understanding of your desire to move quickly to obtain necessary permits.

We understand that significant accumulations of sediment have been identified in the subject work areas. Our analysis and design will be focused on finding a reasonable solution to mitigate these concerns to an acceptable level given the site constraints and costs associated. We note that the fluvial environments subject to the proposed work are highly variable, subject to Attachment B
______________________________________________________________________________________________________ Ecological Restoration Design  ~  Civil Engineering  ~  Natural Resource Management regular flooding conditions, and that the final designs may require routine maintenance to maintain their intended level of performance.

Our current scope of work does not include the design of utility relocations for underground or overhead utilities which may be affected by the work (e.g., electrical, communications, sewer, gas), as these efforts are not currently anticipated to be required. If utility relocations are required, we can provide this service under an amended agreement.

SCOPE OF SERVICES
Based on our project understanding, we intend to provide the following services:

Task 1 ‐ Project Management, Coordination, and Meetings The task 1 budget covers time spent performing project management and administration duties, including correspondence, coordination, and documentation directly related to our performance of the work.   This task effort includes preparation of consultant agreements, invoices, and other related administration. This budget also includes time required for teleconference and site meetings with the project tea.

Meetings
We anticipate 3 site meetings, and 10 remote meetings or teleconferences would be required to complete the work:

Deliverables: Meeting Notes and Monthly Invoices (.pdf) Task 2 – Topographic Mapping
Waterways will survey the project sites and prepare a topographic map, profile & cross section survey of sufficient detail to quantify opportunities and constraints and construction quantities.

Due to the dense vegetation, we do not propose to map all trees within potential work areas that may occur within dense riparian zones.  At upper Gabilan, we will identify a limit of disturbance that avoids trees over 6” dbh.  At lower Gabilan, we will survey all trees on the right bank (looking downstream) within the proposed work areas that have the potential to be impacted by work. At Natividad, our survey will consist of mapping cross sections at intervals through the dense riparian area.  Tress will not be surveyed, as we do not currently anticipate disturbing this area.  The topography will be required only in support of hydraulic modeling efforts. Site specific topographic mapping will be supplemented with regional LiDAR data, where necessary.

Mapped data will include
 topography,
 utilities visible above ground,
 existing structures and other improvements,
 trees over 6” diameter, where specified above
 anticipated access and staging areas
______________________________________________________________________________________________________ Ecological Restoration Design  ~  Civil Engineering  ~  Natural Resource Management Mapping will be performed with a robotic total station and/or survey grade GPS. Our data collection will be performed by our design team, allowing them to spend valuable time on the ground to obtain familiarity with the site, ground truth mapping products, and focus their effort on features critical to the design.

Cross section mapping will be performed upstream and downstream of the project area, as necessary to construct a complete and accurate hydraulic model of the study area.   A long profile will be extended downstream to evaluate the channel slope and condition. High water marks of past floods will be recorded for calibration of the hydraulic model, where evident.

Waterways will establish a network of permanent survey control points in the vicinity of the proposed work.  Control points will be established outside of the proposed work areas to ensure they’re retained for future use during construction staking, as‐built mapping, and post‐ construction monitoring, if required.  The control network could later be used to provide ties to any existing benchmarks, should this be requested by the Client or reviewing agencies.

Waterways does not perform boundary surveys. However, if existing boundary monuments are identified by the landowner in the vicinity of the project area, we will locate them to allow for approximate orientation of record information as an overlay upon the mapped topography.

Deliverables: topographic basemap (.pdf & .dwg)
Task 3 – Utility Locations
Waterways will contact known utility service providers and obtain available electronic maps of existing utilities in the proposed work areas. These will then be overlain onto out base maps. We assume the City will separately contract a private utility location service to flag/paint or otherwise identify potential utility conflicts in the field.  Waterways will coordinate our schedule with the utility locators and perform ground‐based field surveys to record locations for incorporation into our design documents.

Deliverables: Utility layer in Acad (.dwg) format and/or Shapefile Task 4 – Concept Level Designs and Cost Estimates
Waterways develop Concept level Designs and Cost Estimates for the three identified work areas. We anticipate that the alternatives would include grading within the channel and along channel banks and floodplains to remove sediments, lay bank banks, or create overflow paths as future sediment management areas.

The concept level drawings will be sufficiently accurate and complete to determine project layout, impacts, opportunities, constraints and material quantities. The drawings will serve as a basis for preliminary hydraulic modeling and ranking of alternatives.  Information to be provided on the Drawings will include:
 Title sheet with location and vicinity maps
 Site overview, access and staging areas;
______________________________________________________________________________________________________ Ecological Restoration Design  ~  Civil Engineering  ~  Natural Resource Management  Existing site topography and proposed grading plan, identifying limits of ground disturbance and vegetation removal;
 Typical details, cross sections and profiles;
 Location of relevant structures, streams, and roads
 Location of easements or other restrictions (to be provided by others), and An Engineer’s construction cost estimate will be provided for each alternative, with assumptions defined in the text of the memorandum.

Deliverables: Concept level plans and Preliminary Engineer’s Cost Estimate (.pdf) Task 5 ‐ Hydrology and Hydraulic Modeling
Waterways will perform a hydrologic analysis to determine the peak flow rates at the project site for several return intervals of interest (e.g., 2‐, 10‐, and 100‐year).  The work will consist of a flood‐frequency analysis based upon adjacent gauged watersheds or regional regression equation calculations.

Based upon the topographic mapping, Waterways will prepare a hydraulic model of the channel and floodplain through the project extents.  The hydraulic model will assist us in estimating the hydraulic parameters such as velocity, depth, and shear forces experienced during design flows.

The results will inform our design approach and be used to explain our methods, results and conclusions to reviewers.

Results of the modeling will be used to inform our selection of design geometry and channel and bank treatments. Results will be summarized and presented in figures for presentation to reviewing agencies or other interested stakeholders.

Our scope of services does not currently include preparation of a no‐rise analysis, CLOMR, or other reporting to FEMA. If requested, those services would be performed under an amended agreement.

Deliverables: Plan and profile graphical output from HEC RAS 2‐D model (.pdf) Task 6 ‐ 65% Designs
65% Designs will be developed based on the City and Consultant team’s review and comments provided on the Concept level designs. The 65% drawings will be sufficiently accurate and complete to determine project layout, impacts, opportunities, constraints and quantities.

Typically, the 65% Drawings will be suitable to serve as a basis for permit applications.  The 65% cost estimate will be in a format that represents the anticipated final bid form, with recommended units of measurement specified for individual work items.  The 65% specifications will consist of a table of contents of the anticipated technical specifications.   Items to be shown on the Drawings include:
 Title Sheet and Location Map
 Existing site topography
 Proposed Site Improvements
 Typical cross sections
______________________________________________________________________________________________________ Ecological Restoration Design  ~  Civil Engineering  ~  Natural Resource Management  Quantities & materials
 Limits of disturbance
 General Notes
 Typical details for key project features
 Diversion and Dewatering plan (as necessary)
 Site access and staging plan
 Erosion Control and Construction BMP’s
Tech Memo: A brief technical memorandum will be prepared to summarize our methods, results, and anticipated project performance, including inherent risks, uncertainties, and anticipated maintenance requirements.

Deliverables: 65% design drawings (.pdf), technical memo (pdf), and cost estimate (.pdf and .xlsx).

Task 7 – Permit Support
Our scope assumes the Client will take the lead in permitting the project and that Waterways’ role will be to provide technical support at the Client’s request.

Permit support services typically include participation in permit‐related meetings or conference calls, preparation of written responses to agency comments, or preparation and submittal of calculations or figures required to support permit applications. Our budget estimate for this task is based on our experience with similar projects in this area. Actual costs will be dependent on the level of assistance requested by the Client, and may exceed our budget estimate.  These services will be performed on a time and materials basis, at the request of the Client up to the level of effort estimated in our attached budget.

Deliverables: To be determined
Task 8 ‐ 100% Designs
The 100% drawings will incorporate Client and agency comments made on the 65% drawings.  The 100% cost estimate will be in a format that represents the bid items and will accurately reflect the design.  The 100% specifications will include all technical specifications for the project, provided in CSI format. The 100% Plans will be at a suitable level to competitively bid and construct the project.

The 100% Drawings will include the following:
 Title Sheet and Location Map
 Existing site topography
 Proposed Site Improvements & Grading Plan
 Typical cross sections
 Quantities & materials
 Limits of disturbance
 Technical Specifications for materials and placement (to be included on plans)  Typical details for key project features
______________________________________________________________________________________________________ Ecological Restoration Design  ~  Civil Engineering  ~  Natural Resource Management  Dewatering plan (as necessary)
 Site access and construction phasing plan
 Erosion Control and Construction BMP’s
Deliverables:
 Design drawings (.pdf)
 Cost Estimate (.pdf and .xlsx)
 Technical specifications (.pdf & MSWord)

PROPOSED COST
Refer to attached Exhibit B for a detailed breakdown of our anticipated budget. We will not exceed this estimate without prior written approval of the Client.  The estimated budget is valid for a period of 180 days beyond the date of this proposal.

Costs have been allocated to individual tasks to determine the total estimated budget.

Waterways may reallocate costs among tasks, as needed, provided the total price is not exceeded for the scope of work proposed, without previous written authorization from the Client.

Our fees for construction phase services, if included in the scope of services described above, will be billed on a time and materials basis in accordance with the attached Schedule of Fees, and will reflect the actual work and costs incurred, as dictated by the project requirements.

Our fees are highly dependent on the Contractor’s schedule and performance, which are beyond our control.

Printed and/or wet‐signed copies of design documents will be prepared at Client’s request and billed at our standard rates (Attached).

ADDITIONAL SERVICES
Waterways shall be available for additional services on a time and materials basis, at our prevailing rates.  Additional services are defined as those that are not specifically identified under the scope of proposed services or those that are required as a result of unforeseen circumstances that arise during the permitting process.  Examples “additional services” may include:
 Services beyond the scope of services in the agreement.  Services which need to be provided beyond the time schedule set forth in the agreement.  Services required as a result Client providing incomplete or incorrect project information.  Services related to redesigning documents or rebidding contracts due to no fault of Engineer.
 Services related to revising drawings and specifications occasioned by substituting materials or equipment.
 Reproduction of reports drawings, and specifications, except as provided under scope of services.
 Providing renderings or models.
______________________________________________________________________________________________________ Ecological Restoration Design  ~  Civil Engineering  ~  Natural Resource Management  Additional or extended services made necessary by defective, negligent, or delayed work by prime contractors or others.
 Additional or extended services during construction made necessary by the acceleration of the progress schedule involving services beyond normal working hours.  Evaluation of claims or providing testimony in connection with a hearing, arbitration, or litigation.

We look forward to working with you to further these efforts.  If you have any questions, please contact me at 831‐421‐9291.

Sincerely,
Matt Weld, R.C.E.

CA License No. 62235
NV License No. 15367
OR License No. 78668PE
WA License No. 51508
______________________________________________________________________________________________________ Ecological Restoration Design  ~  Civil Engineering  ~  Natural Resource Management

LIMITATIONS & EXCLUSIONS

1. Waterways shall not be held responsible for the accuracy of existing mapping or data collection performed by others and made available by the Client.   If existing products made available by others are found to be inaccurate or incomplete, during the process of our work, our budget, scope, and/or schedule shall be adjusted to account for unexpected expenses or delays incurred as a result of these deficiencies.

2. Waterways Consulting does not provide boundary surveying services. Our scope of services excludes boundary surveying, unless otherwise stated in the scope and budget. When these services are offered by Waterways, it is through a Subconsultant, and will be explicitly identified as such.

3. The scope of work does not include a “line of sight” study, unless specifically included as a task item.

4. Schedules, Budgets, and Estimates of Cost:  Any schedules or completion dates, budgets, or estimates of cost prepared by Waterways represent Waterways’ professional judgment based on its experience and available information. Since neither Waterways nor Client has control over the cost of labor, materials, or equipment, or contractor’s methods of determining prices, or over competitive bidding, permit requirements, or market conditions, Waterways cannot and does not warrant or represent that actual schedules or completion dates or actual costs will not vary from schedules or completion dates, budgets, or estimates of cost prepared by Waterways or proposed, established, or approved by Client.

5. If the scopes of services to be provided by Waterways pursuant to the terms of this agreement includes the preparation of grading drawings but excludes construction staking services, Client acknowledges that such staking services normally include coordinating civil engineering services and the preparation of record drawings based upon information provided by others, and Client will be required to retain such services from another consultant or pay Waterways for such services pursuant to this agreement.

6. If the scope of services includes Waterways’ assistance in applying for governmental permits or approvals, this work does not include the preparation of additional studies or analysis requested by governmental agencies and not specifically included in our scope (e.g., archeological investigations, wetland delineations, geologic studies, etc.). Waterways’ assistance with permit preparation and/or submittal will not constitute a representation, warranty or guarantee that such permits or approvals will be acted upon favorably by any governmental agency.

7. Waterways makes no representations concerning soils or geological conditions unless specifically included in writing in this agreement, or by amendments to this agreement, and will not be responsible for any liability that may arise out of performing or failure to perform soils or geological surveys, subsurface soils or geological tests, or general soils or geological testing.

8. Client acknowledges that the design services performed pursuant to this agreement are based upon field and other conditions existing at the time these services were performed. Client further acknowledges that field and other conditions may change by the time project construction occurs and clarification, adjustments, modifications and other changesshall be paid for by Client as extra services in accordance with the agreement. ______________________________________________________________________________________________________ Ecological Restoration Design  ~  Civil Engineering  ~  Natural Resource Management

9. Waterways does not provide geotechnical engineering services. If required, these services will be provided by subcontractors and clearly identified in ourscope and budget. If required and not included herein, they may be requested under an amended scope of services.

10. Design services do not include preparation of a “Design Report” for Client or agency review, unless specifically noted in the scope of services.  If the Client requests the preparation of a design report, or the re‐formatting of our internal design calculations for submittal to agencies, these services will be performed on a time and materials basis.

ASSUMPTIONS

1. Client is aware that differences may exist between the electronic files delivered and the printed hard copy construction documents. In the event of a conflict between the signed construction documents prepared by Waterways and electronic files, the signed and stamped or sealed hard copy construction documents shall govern.

2. After Client’s acceptance of the preliminary drawings (Concept level of completion), should new information, changed conditions, agency/public comments on the preliminary drawings, or other factors require additional mapping, data collection, graphic modifications, or conceptual changes, the budget may need to be amended to cover these unanticipated costs.

3. The Client shall be responsible for obtaining all necessary easements for both temporary construction‐related access and for permanent access and parking, where required.

4. Where the Waterways scope includes preparation of specifications, Waterways will only be responsible for preparation of technicalspecifications.  The Clientshall prepare general and front end provisions for the project, if required.

5. All permitting shall be handled by the Client.  Waterways will be available for permitting assistance on a time and materials basis, at the firm’s prevailing hourly rates.   If permitting agenciesrequestsubmittal of design reports, detailed hydraulic modeling or calculations, beyond what is deemed by Waterways to be necessary to complete the design, this work will be considered extra, unless specifically outlined in the scope of services.

6. Our design services are not typically performed to meet a specific total project cost, as cost is often beyond our control.  When total project budget is expected to guide the design approach, this expectation should be clearly defined in the Agreement.

7. Waterways will have no responsibility for the discovery, presence, handling, removal or disposal of hazardous or toxic materials or substances in any form at Project sites, including but not limited to, asbestos, asbestos products or polychlorinated biphenyl (PCB) except for such hazardous or toxic materials or substances introduced on to the project site by Waterways or any damage or injuries resulting from Waterways’ negligence.

8. When hazardous or toxic materials or substances are known, assumed or suspected to exist at a site, Client shall take appropriate precautions to protect health and safety of Waterways’ personnel, to comply with applicable laws and regulations, and to follow procedures that Client deems prudent to minimize physical risks to employees and the public.   Client shall inform Waterways of any hazardous or toxic materials orsubstances known by Client to exist at a Project site on which Waterways is providing services.
______________________________________________________________________________________________________ Ecological Restoration Design  ~  Civil Engineering  ~  Natural Resource Management

9. Client agrees not to use or permit any other person to use final maps, exhibits, legal descriptions, surveys, or other work product ("Work Product") prepared by Consultant, which Work Product is not final and which is not signed, and stamped or sealed by Consultant. Client agrees that Consultant is not responsible for any such use of non‐final Work Product and waives any right to claim liability against Consultant therefore.  Client further agrees that final Work Product is for the sole use of Client for the specific purpose described in this Agreement. Such final Work Product may not be altered or reproduced in any way nor used on any other project or for any other purposes than as specifically authorized by Consultant in writing prior to any such use, alteration, or reproduction. Client may use preliminary products for permit review submittals. However, Client is advised that design details may change as designs are finalized.

Waterways cannot be held liable for the cost of additional permitting effort or project delays that may result from these changes.
8/27/2023
Project Name: Salinas Creeks Sediment Management - Phase Two Engineering Design Principal
Geomorph.

Principal
Engineer
Senior
Engineer
Senior
Hydrologist
Hydrologist/Mo
deler
Staff
Engineer
Engineering
Technician Survey Crew Budget Allocation
(Dvorsky) (Weld) (Zacharia) (Dvorsky) (Lovrin) (Stewart) (Landsdale) (2 person) # Task Description $165 $190 $160 $155 $130 $140 $125 $2101 Project Administration 33 12 $7,9502 Topographic Mapping (Field and Office) 8 32 40 $14,4003 Utility Location 2 12 18 $5,8404 Concept Level Designs & Costs 58 $8,120 5 Hydrologic and Hydraulic Modeling 18 55 $10,5706 65% Plans & Cost Estimate & Tech Memo 90 120 $33,9007 Permit Support 12 20 $5,0808 100% Plans, Specifications,and Cost Estimate 36 40 $12,440 $98,300.00
Direct Expenses Allocation
$200.00$100.00
$32.80
$332.80
Total $98,632.80
Subtotal
Mileage($.655/mile)
EXHIBIT B - ESTIMATED BUDGET FOR CONSULTING SERVICESClient: Harris and AssociatesWaterways Job No.: 23-053A Sub Total
Office ExpensesField Supplies (disposable)Per Diem
Ecological Restoration Design ~ Civil Engineering ~ Natural Resource Management October 6, 2023
Kate Elliot
Director, Environmental Planning & Compliance
Harris & Associates
450 Lincoln Avenue, Suite 103
Salinas, CA 93901
RE: Proposal to Provide a Phase I Cultural Resource Inventory for the Salinas Creeks Flood Control Project, Salinas, California
Dear Ms. Elliot:

Albion Environmental, Inc. (Albion) is pleased to respond to your request for a proposal to conduct a Phase I cultural resource inventory for the Salinas Creeks Flood Control Project in Salinas, California (Project). The City of Salinas is proposing a series of flood control ac�ons in three key loca�ons, including the following:
• A reach of Gabilan Creek located along Coventry Street and Independence Boulevard where Waterways Consul�ng, Inc. (Waterways) proposes that aggraded sediment be removed. • A lower reach of Gabilan Creek near the Cons�tu�on Soccer Complex and First Tee Monterey County where Waterways proposes that the creek bank be laid back to repair the incised channel and stabilize the embankments; and
• A reach of Na�vidad Creek in upper Na�vidad Creek Park, immediately south of Boronda Road, where Waterways proposes that an alternate channel be constructed to allow for on-going access and sediment removal without impac�ng the exis�ng creek channel or riparian vegeta�on.

The City is also proposing ground disturbing ac�vi�es at an off-site loca�on up to 0.5 acres in size in a place yet to be determined. The total Project APE, including the mi�ga�on site, is approximately 12 acres in size. Depths of impact are currently unknown for all Project elements.

The Project is subject to Sec�on 404 of the Clean Water Act and must comply with Sec�on 106 of the Na�onal Historic Preserva�on Act (NHPA), with the US Army Corps of Engineers (USACE) as the lead federal agency. Albion will provide the services of a qualified archaeological team.

Our proposal contains a Scope of Work and a Cost Es�mate (Atachment 1).

Attachment C
ALBION
RE: Phase I Cultural Resource Inventory for the Salinas Creeks Flood Control Project, Salinas, California October 6, 2023
Harris & Associates
2 SCOPE OF WORK
TASK 1: MANAGEMENT
Task 1 is for project management, pre-field prepara�on, and post-field organiza�on. Albion will coordinate site access and field crew schedules, as well as process all field collected data (e.g., GIS, notes, photographs). The Project Manager, Douglas Ross, will manage the overall Project scope and budget, and be your primary contact on this project. Sarah Nicchita will func�on as the Principal-inCharge and will oversee quality control and assurance.

TASK 2: BACKGROUND RESEARCH
Albion will conduct a detailed records search at the NWIC for informa�on on known cultural resources and previous studies within a 1
/2-mile radius of the Project APE, including resources listed on na�onal, state, and local heritage inventories. In addi�on, we will conduct background historical research and examine archival maps and photos to inves�gate any evidence of either precolonial or historic period materials. Background research will also be conducted in order to support the sensi�vity assessment.

We will iden�fy, compile, review, and integrate new and exis�ng informa�on (e.g., available published data or reports), historical maps, geologic maps, soil maps, and related data relevant for assessing the poten�al for archaeological sites in and near the Project APE.

TASK 3: TRIBAL OUTREACH
A working rela�onship with the Na�ve American community and individual tribal representa�ves is essen�al to the success of the cultural resource program. Albion will conduct a sacred lands file search and a stakeholder list request with the Na�ve American Heritage Commission (NAHC). A�er obtaining a list of Na�ve American stakeholders from the NAHC, Albion will dra� and submit outreach leters that will include a brief project descrip�on, a map of the project loca�on. Albion will also conduct follow up outreach via email and phone calls to the individuals iden�fied by the NAHC to inform them about the Project and ascertain tribal interests, concerns, and informa�on. We assume that Albion will need to send leters to and conduct follow-up communica�on with no more than fi�een (15) Tribes.

TASK 4: PEDESTRIAN SURVEY
Albion will conduct a pedestrian survey to iden�fy if any cultural resources exist within the Project APE.

The survey will consist of two-three separate field mobiliza�ons on different days, one for the Gabilan and Na�vidad Creek por�ons, a second for the off-site mi�ga�on area, and a third one if necessary. We assume that all survey loca�ons will be accessible to Albion’s crew for each mobiliza�on. Albion’s survey approach includes parallel transects that are spaced no more than 15 meters apart. All sites, features, and isolates will be recorded when encountered during the survey. The crew will record each site or isolated ar�fact digitally, using notes and photographs. All surface ar�facts will be documented with a sub-meter accurate GPS unit, and the survey will be documented with photography. Ar�facts will not be collected during this effort.

ALBION
RE: Phase I Cultural Resource Inventory for the Salinas Creeks Flood Control Project, Salinas, California October 6, 2023
Harris & Associates
3 TASK 4: REPORT OF FINDINGS
The results of our study will be compiled into a technical report to be used for regulatory compliance in the environmental review process. The report will contain an abstract, introduc�on, natural and cultural context, results of background research, results of Tribal outreach, field methods, survey results, summary and discussion of cultural resource sensi�vity for the APE, and if needed, recommenda�ons for addi�onal work needed to complete requirements under NHPA regula�ons. We will include completed site records for any sites or isolates iden�fied during survey.

COST ESTIMATE AND TIMELINE
We are proposing to complete this study on a �me and materials basis with a limit not an�cipated to exceed $18,823.31 (Atachment 1). In the event cultural resources are located, Albion can, for a renego�ated fee, work with the City (or agent) to determine an appropriate course of ac�on under NHPA guidelines.

Albion is prepared to begin work upon execu�on of a signed contract. Thank you for the opportunity to provide this proposal. If our proposal is acceptable to you, please issue a contract and transmit to me at [email protected]. The terms of this proposal are valid for 90 days. Please contact me at (831) 252-3436 if you have any ques�ons.

Sincerely,
Douglas Ross, PhD
Senior Archaeologist
Atachment 1. Cost Es�mate
Atachment 1
Cost Es�mate
Phase I Cultural Resource Inventory for the Salinas Creeks Flood Control Project Harris & Associates
10/6/2023
Labor Rate
Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Principal 4B - Nicchitta, S. $136.26 4 $545.04 2 $272.52 4 $545.04 2 $272.52 6 $817.56 18 $2,452.68 Senior Archaeologist 7B - Murphy $125.60 0 $0.00 0 $0.00 0 $0.00 0 $0.00 5 $628.00 5 $628.00 Senior Archaeologist 7B - Ross $125.60 10 $1,256.00 6 $753.60 0 $0.00 2 $251.20 19 $2,386.40 37 $4,647.20 Senior Archaeologist 5C - D'Oro $109.71 0 $0.00 1 $109.71 1 $109.71 0 $0.00 4 $438.84 6 $658.26 Senior Anthropologist 4B - Sarmento $102.63 0 $0.00 0 $0.00 10 $1,026.30 0 $0.00 0 $0.00 10 $1,026.30 Archaeologist 7C - Biasi $95.54 0 $0.00 0 $0.00 0 $0.00 29 $2,770.66 14 $1,337.56 43 $4,108.22 Archaeologist 6D - Manigault $90.27 0 $0.00 0 $0.00 0 $0.00 29 $2,617.83 0 $0.00 29 $2,617.83 Archaeologist 6D - Nicchitta, A. $90.27 0 $0.00 0 $0.00 5 $451.35 1 $90.27 0 $0.00 6 $541.62 Archaeologist 5A - Bright $77.83 0 $0.00 0 $0.00 0 $0.00 2 $155.66 7 $544.81 9 $700.47 Total Labor 14 $1,801.04 9 $1,135.83 20 $2,132.40 65 $6,158.14 55 $6,153.17 163 $17,380.58 Other Direct Costs Units Cost Units Cost Units Cost Units Cost Units Cost Units Cost Mileage $0.655 0 $0.00 0 $0.00 0 $0.00 216 $141.48 0 $0.00 216 $141.48 NWIC Records Search $1,200.00 0 $0.00 1 $1,200.00 0 $0.00 0 $0.00 0 $0.00 1 $1,200.00 Letters and Certified Mail $6.75 0 $0.00 0 $0.00 15 $101.25 0 $0.00 0 $0.00 15 $101.25 Total ODCs $0.00 $1,200.00 $101.25 $141.48 $0.00 $1,442.73 Total Cost $1,801.04 $2,335.83 $2,233.65 $6,299.62 $6,153.17 $18,823.31 Total
Task 1 Task 2 Task 3 Task 5
Report of Findings
Task 4
Management
Background
Research Tribal Outreach Pedestrian Survey
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-639, Version: 1
Alisal Safe Routes to School Project, CIP No. 9360
Approve a Resolution awarding a contract to FBD Vanguard construction, Inc. for the Alisal Safe Routes to School Project; and authorizing an increase of $155,000 to CIP 9360 appropriation and use Measure G fund balance for construction.

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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: OCTOBER 24, 2023
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS P.E., L.S., PUBLIC WORKS DIRECTOR
BY: GERARDO RODRIGUEZ, ASSISTANT ENGINEER
TITLE: ALISAL SAFE ROUTES TO SCHOOL PROJECT
RECOMMENDED MOTION:

A motion to approve a resolution:
1) Awarding a contract to FBD Vanguard Construction, Inc. for the Alisal Safe Routes to School Project; and
2) Authorizing an increase of $155,000 to CIP 9360 appropriation and use Measure G fund balance for construction.

RECOMMENDATION:

It is recommended that the City Council approve 1) awarding a contract to FBD Vanguard Construction Inc. for the Alisal Safe Routes to School Project; and 2) authorizing an increase of $155,000 to CIP 9360 appropriation and use Measure G fund balance for construction.

EXECUTIVE SUMMARY:

The City was successful in an Active Transportation Grant Program application and was selected to be awarded grant funds in the amount of $998,000.

On March 21, 2023, City Council approved Resolution 22608 to approve plans and specifications, the categorical exemption, and authorize the Public Works Director to execute all agreements and any required paperwork with Caltrans for the Active Transportation Grant Program.

The City opened bids on September 26, 2023 and FBD Vanguard Construction, Inc. was the apparent low bidder with a bid of $855,820.

The total estimated construction costs including contingencies, construction engineering and administrative overhead is $ 1,061,820.00 which is $138,820 more than what is in the current CIP.

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BACKGROUND:

On December 14, 2021, City Council approved Resolution 22267 (Attachment 1) to appropriate $750,000 of anticipated funding from the American Rescue Plan Act towards improving the marked midblock crosswalk on Williams Road, and to direct staff to proceed with implementation to fully effectuate the intent of the Resolution. On March 18, 2022, the City published a request for proposals to provide design services for the Williams Road Pedestrian Hybrid Beacon Project.

Three firms submitted proposals and staff ranked Kimley Horn and Associates as the most qualified applicant. The City entered into an agreement with Kimley-Horn and Associates effective May 23, 2022 to prepare construction documents for the pedestrian hybrid beacon (PHB) at Williams Road.

On June 15, 2022, the City in partnership with the Transportation Agency for Monterey County (TAMC) submitted an application to the Active Transportation Grant Program to request funding for improvements identified in the Salinas Safe Routes to Schools Plan (Attachment 2), including the PHB system on Williams Rd, plus funds to replace street trees and install radar feedback signage. In addition to funding for infrastructure improvements, the application included noninfrastructure funding for classroom bicycle/pedestrian education workshops, bike rodeos, and walk/bike to school encouragement days. The City was successful in its grant application and was selected to be awarded grant funds in the amount of $998,000.

On March 21, 2023, City Council approved Resolution 22608 (Attachment 3) to approve plans and specifications, the categorical exemption, and authorize the Public Works Director to execute all agreements and any required paperwork with Caltrans for the Active Transportation Grant Program. Following the approval of the plans and specifications staff submitted the allocation request to Caltrans for grant funds. Allocation of funds was approved by Caltrans on May 17, 2023 and staff has 6 months to award project for construction.

The project was advertised on August 28, 2023, and the City opened bids on September 26, 2023.

Two contractors submitted bid proposals for the project, and the results are as follows:

Contractor Total Bid
FBD Vanguard
Construction, Inc.
$855,820
Precision Grade, Inc. $861,348
FBD Vanguard Construction, Inc. was the low bidder, and a full bid tab is included in the attachments (Attachment 4). All bid contract documents and bonds have been received. The City has verified FBD Vanguard Construction Inc. and their subcontractors, Chrisp Company, Lone Star Landscape, Farwest Safety, Inc., St. Francis Electrical, and Mike O’Dell Surveys have active Department of Industrial Relations (DIR) registration. FBD Vanguard Construction Inc. has an active contractor’s license.

Staff recommends that the City Council approve a Resolution awarding the contract to FBD Vanguard Construction, Inc. for the Alisal Safe Routes to School Project; CIP 9360, in the Page | 3
amount of $855,820 and also Authorizing an increase of $155,000 to CIP 9360 appropriation and use Measure G fund balance for construction.

CEQA CONSIDERATION:

The City of Salinas has determined that the project is categorical exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15301, Class 1(c)) because the actions consist of operation and minor alteration of an existing City street. A notice of exemption has been prepared and will be submitted to the County Clerk’s office.

STRATEGIC PLAN INITIATIVE:

This item supports the City Council’s goal of “Infrastructure and Environmental Sustainability” and “Public Safety”.

DEPARTMENTAL COORDINATION:

The Public Works Department and Finance Department manage the project accounting. The Public Works Department manages construction contract, inspection, and final acceptance of construction projects.

FISCAL AND SUSTAINABILITY IMPACT:

The estimated funding for this project comes from the source below:

CIP
No.

Name Funding Source Appropriations Available
Balance
9360 Alisal Safe Routes to School Project Active Transportation Program Grant $913,000 $913,000
Total $913,000 $913,000
Construction Cost
Base Bid $855,820
Contingencies (10%) $86,000
Construction Engineering (8%) $70,000
Admin Overhead $50,000
Total Estimated Construction Costs $ 1,061,820
The account balance at the time of this report is the $913,000. $119,204 is budgeted for staff time and $793,796 for construction costs. Based on the bid results and the existing balance there is a budget shortfall of $138,820. Staff recommends an increase of $155,000 to CIP 9360 appropriation and use of Measure G fund balance to cover the budget shortfall.

Page | 4
ATTACHMENTS:

Resolution
Attachment 1: Resolution 22267
Attachment 2: Salinas Safe Routes to Schools Plan
Attachment 3: Resolution 22608
Attachment 4: Bid Tab
RESOLUTION No. _______ (N.C.S.)
A RESOLUTION TO: 1) AWARDING A CONTRACT TO FBD VANGUARD CONSTRUCTION, INC. FOR THE ALISAL SAFE ROUTES TO SCHOOL PROJECT; AND 2) AUTHORIZING AN INCREASE OF $155,000 TO CIP 9360 APPROPRIATION AND USE MEASURE G FUND BALANCE FOR CONSTRUCTION.

WHEREAS, On December 14, 2021, City Council approved Resolution 22267 to appropriate $750,000 of anticipated funding from the American Rescue Plan Act towards improving the marked midblock crosswalk on Williams Road, and to direct staff to proceed with implementation to fully effectuate the intent of the Resolution; and WHEREAS, City staff has completed plans, and specifications for the Alisal Safe Routes to School Project which includes a pedestrian hybrid beacon system on Williams Road; and
WHEREAS, the City was successful in an Active Transportation Program grant application and was selected to be awarded grant funds in the amount of $998,000 for the improvements; and
WHEREAS, On March 21, 2023 City Council approved Resolution 22608 to approve plans and specifications, the catergorical exemption, and authorize the Public Works Director to execute all agreements and any required paperwork with Caltrans for the Active Transportation Grant Program; and
WHEREAS, allocation of funds for construction were approved by Caltrans on May 17, 2023 and staff has 6 months to award project; and
WHEREAS, the City advertised the project on August 28, 2023; and WHEREAS, the City opened bids on September 26, 2023, and the low bidder was FBD Vanguard Construction, Inc. for the amount of $855,820.00; and WHEREAS, the City is recommending an appropriation of $155,000.00 to fully fund the estimated project costs; and
WHEREAS, the City has determined that the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15301, Class 1(c)) because the actions consists of operation and minor alteration of an existing City street.

NOW, THEREFORE, BE IT RESOLVED BY THE SALINAS CITY COUNCIL awards a contract to FBD Vanguard Construction, Inc. for the Alisal Safe Routes to School Project; CIP 9360, in the amount of $855,820.00;
BE IT FURTHER RESOLVED that the Salinas City Council authorizes an increase of $155,000 to CIP 9360 appropriation and use Measure G fund balance for construction.

PASSED AND APPROVED this 24th day of October 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_________________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Page | 1
RESOLUTION NO. 22267 (N.C.S.)
A MOTION APPROVING A RESOLUTION TO APPROPRIATE $750,000 OF

ANTICIPATED FUNDING FROM THE AMERICAN RESCUE PLAN ACT TOWARDS

IMPROVING THE MARKED MIDBLOCK CROSSWALK ON WILLIAMS ROAD WHEREAS, the City is preparing for roadway resurfacing project on Williams Road; and
WHEREAS, City staff developed new striping plans for the road to ensure everything meets existing design standards; and
WHEREAS, staff has determined the uncontrolled marked midblock crosswalk on Williams Road does not meet City policy; and
WHEREAS, staff is recommending that crosswalk markings be removed if it cannot be improved to meet City Standards; and
WHEREAS, staff estimates the minimum amount it could cost to improve the crosswalk to meet standard is $750,000; and
WHEREAS, anticipate funding from the American Rescue Plan could be appropriated towards the necessary improvements; and
WHEREAS, the City finds that action taken for the improving crosswalks is exempt under CEQA 15301, Class 1 (c) since the action consists of operation and minor alteration of existing City streets.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council approves a Resolution to appropriate $750,000 of anticipated funding from the American Rescue Plan Act towards improving the marked midblock crosswalk on Williams Road.

BE IT FURTHER RESOLVED that City staff is directed to proceed with implementation to fully effectuate the intent of this Resolution.

PASSED AND APPROVED this 14th day of December 2021, by the following vote:

AYES: Councilmembers: Barrera, Cromeenes, González, Osornio, Rocha, McShane, and Mayor Craig
NOES: None
ABSENT: None
ABSTAIN: None
DocuSign Envelope ID: B96B4E9A-A241-45AB-955B-61B91A484C73 Page | 2
APPROVED:
____________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
DocuSign Envelope ID: B96B4E9A-A241-45AB-955B-61B91A484C73 RESOLUTION NO. 22608 (N.C.S.)
A RESOLUTION TO: 1) APPROVE THE PLANS AND SPECIFICATIONS FOR THE ALISAL SAFE ROUTES TO SCHOOL PROJECT; 2) APPROVE THE CATEGORICAL EXEMPTION FOR THE ALISAL SAFE ROUTES TO SCHOOL PROJECT; 3)

AUTHORIZE THE PUBLIC WORKS DIRECTOR TO EXECUTE ALL AGREEMENTS

AND ANY REQUIRED PAPERWORK WITH CALTRANS FOR THE ACTIVE TRANSPORTATION GRANT PROGRAM; AND 4) AUTHORIZE THE
ESTABLISHMENT OF A NEW CIP ACCOUNT “ALISAL SAFE ROUTES TO SCHOOL PROJECT” WITH THE ESTABLISHMENT OF SPECIAL CONST ASSIST – FED & ST FUND APPROPRIATION TOTALING $998,000 AND CORRESPONDING

REVENUE BUDGET FOR THE ALISAL SAFE ROUTES TO SCHOOL PROJECT WITH NO MATCHING FUNDS REQUIRED.

WHEREAS, On December 14, 2021, City Council approved Resolution 22267 to appropriate $750,000 of anticipated funding from the American Rescue Plan Act towards improving the marked midblock crosswalk on Williams Road, and to direct staff to proceed with implementation to fully effectuate the intent of the Resolution; and WHEREAS, City staff has completed plans, and specifications for the Alisal Safe Routes to School Project which includes a pedestrian hybrid beacon system on Williams Road; and
WHEREAS, the City was successful in an Active Transportation Program grant application and was selected to be awarded grant funds in the amount of $998,000 for the improvements; and
WHEREAS, the City may need to enter into grant agreements or submit paperwork to Caltrans for the grant funding, and staff recommends that the Council authorize the director to execute all agreements and any required paperwork with Caltrans for the Active Transportation Program; and
WHEREAS, the City has determined that the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15301, Class 1(c)) because the actions consists of operation and minor alteration of an existing City street.

NOW, THEREFORE, BE IT RESOLVED BY THE SALINAS CITY COUNCIL approves a Resolution to approve the Plans and Specifications for the Alisal Safe Routes to School Project;
BE IT FURTHER RESOLVED that the Salinas City Council approves a Resolution to approve the Categorical Exemption for the Alisal Safe Routes to School Project pursuant to CEQA Guidelines Section 15301, Class 1(c); and
DocuSign Envelope ID: 845AFC9D-DE8F-4F85-975A-B7DEDF30F3FE BE IT FURTHER RESOLVED that the Salinas City Council approves a Resolution to authorize the Public Works Director to execute all agreements and any required paperwork with Caltrans for the Active Transportation Grant Program; and BE IT FURTHER RESOLVED that the establishment of a new CIP Account “Alisal Safe Routes to School Project,” with appropriations totaling $998,000, transfer of $998,000 from the Special Const Assist – Fed & St Fund to the CIP Fund, and a corresponding revenue budget for the Alisal Safe Routes to School Project with no matching funds required.

PASSED AND APPROVED this 21st day of March 2023, by the following vote:

AYES: Councilmembers Barrera, Gonzalez, McShane, Osornio, Rocha, Sandoval and Mayor Craig
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
_________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
DocuSign Envelope ID: 845AFC9D-DE8F-4F85-975A-B7DEDF30F3FE Alisal Safe Routes to School, Project No. 9360
Item # Item Description Quantity Measure Unit Price Item Total Unit Price Item Total Unit Price Item Total 1 Mobilization 1 LS $ 70,000.00 $ 70,000.00 $ 82,450.00 $ 82,450.00 $ 79,000.00 $ 79,000.00 2 Sediment Control and Storm Drain Inlet Protection 1 LS $ 10,000.00 $ 10,000.00 $ 7,800.00 $ 7,800.00 $ 8,800.00 $ 8,800.00 3 Construction Area Signs 1 LS $ 10,000.00 $ 10,000.00 $ 4,520.00 $ 4,520.00 $ 12,300.00 $ 12,300.00 4 Construction Staking 1 LS $ 15,000.00 $ 15,000.00 $ 5,300.00 $ 5,300.00 $ 8,800.00 $ 8,800.00 5 Traffic Control System 1 LS $ 50,000.00 $ 50,000.00 $ 40,000.00 $ 40,000.00 $ 57,400.00 $ 57,400.00 6 Remove Asphalt Concrete and Aggregate Base (1' Depth) 136 CF $ 10.00 $ 1,360.00 $ 10.00 $ 1,360.00 $ 29.00 $ 3,944.00 7 Remove Concrete 600 SF $ 8.00 $ 4,800.00 $ 36.00 $ 21,600.00 $ 17.00 $ 10,200.00 8 Hot Mix Asphalt (Type A) (1' Plug) 10 TON $ 325.00 $ 3,250.00 $ 1,100.00 $ 11,000.00 $ 714.00 $ 7,140.00 9 Minor Concrete (Curb) (Salinas Std. Plan No. 1) (Type B) 12 LF $ 60.00 $ 720.00 $ 35.00 $ 420.00 $ 70.00 $ 840.00 10 Minor Concrete (Curb and Gutter) (Salinas Std. Plan No. 1) (Type C) 70 LF $ 75.00 $ 5,250.00 $ 40.00 $ 2,800.00 $ 115.00 $ 8,050.00 11 Minor Concrete (Retaining Curb); Complete-In-Place 20 LF $ 40.00 $ 800.00 $ 35.00 $ 700.00 $ 74.00 $ 1,480.00 12 Minor Concrete (Sidewalk); Complete-In-Place 305 SF $ 25.00 $ 7,625.00 $ 17.00 $ 5,185.00 $ 20.00 $ 6,100.00 13 Minor Concrete (Median Sidewalk); Complete-In-Place 71 SF $ 25.00 $ 1,775.00 $ 35.00 $ 2,485.00 $ 14.00 $ 994.00 14 Curb Ramp (Caltrans Std Case A); Complete-In-Place 1 EA $ 8,000.00 $ 8,000.00 $ 3,000.00 $ 3,000.00 $ 18,200.00 $ 18,200.00 15 Curb Ramp (Caltrans Std Case B); Complete-In-Place 1 EA $ 8,000.00 $ 8,000.00 $ 3,000.00 $ 3,000.00 $ 20,200.00 $ 20,200.00 16 Signage and Striping Modification; Complete-In-Place 1 LS $ 10,200.00 $ 10,200.00 $ 27,000.00 $ 27,000.00 $ 25,600.00 $ 25,600.00 17 Communications Infrastructure; Compete-In-Place 1 LS $ 156,223.00 $ 156,223.00 $ 220,000.00 $ 220,000.00 $ 209,200.00 $ 209,200.00 18 Furnish and Install Pedestrian Hybrid Beacon (Complete-InPlace) 1 LS $ 400,500.00 $ 400,500.00 $ 345,000.00 $ 345,000.00 $ 316,400.00 $ 316,400.00 19 Furnish and Install Solar Radar Speed Feedback Assembly (Complete-In-Place) 2 EA $ 8,600.00 $ 17,200.00 $ 25,000.00 $ 50,000.00 $ 22,200.00 $ 44,400.00 20 Landscaping (Trees) 1 LS $ 9,800.00 $ 9,800.00 $ 22,200.00 $ 22,200.00 $ 22,300.00 $ 22,300.00 Bid Opening: September 26, 2023
Base Bid
Bid Total (Items 1-20) (For Comparison Only) $790,503
PROJECT MANAGER: Gerardo Rodriguez
Engineer's Estimate FBD Vanguard
Construction, Inc.
$855,820 $861,348
Precision Grade, Inc.
1 of 1 J:\p\9360 Alisal SRTS\Construction\1 Contract Documents\1.2 Bid Tab\Preliminary 9360 BidTab_Bid Submittals.xlsx City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-647, Version: 1
Emergency Rotunda HVAC System Replacement
Approve a Resolution authorizing the emergency replacement of the Rotunda HVAC system as part of the existing on-call service contract with Environmental Systems Inc. (ESI) for $139,660 to include a 20% ($27,932) contingency for a total cost not to exceed $167,592; and authorize the Interim City Manager to execute all necessary documents related to the HVAC System Replacement.

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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: OCTOBER 24, 2023
DEPARTMENT: PUBLIC WORKS & ADMINISTRATION
FROM: DAVID JACOBS, PE, PLS, PUBLIC WORKS DIRECTOR
BY: SEAN SCHMIDT, FACILITIES MAINTENANCE MANAGER
PATRICIA M. BARAJAS, CITY CLERK
TITLE: EMERGENCY ROTUNDA HVAC SYSTEM REPLACEMENT
RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the emergency replacement of the Rotunda HVAC system as part of the existing on-call service contract with Environmental Systems Inc. (ESI) for $139,660 to include a 20% ($27,932) contingency for a total cost not to exceed $167,592; and authorize the Interim City Manager to execute all necessary documents related to the HVAC System Replacement.

EXECUTIVE SUMMARY:

During the City Hall Emergency Roof Repair Project and following shut down of the first floor HVAC system, it was also discovered that air handling system handling the Rotunda has failed and is not repairable. The Rotunda HVAC system is 20 years old. Parts are no longer readily available, and it has numerous issues that cannot be repaired.

BACKGROUND:

On April 4, 2023, City Council approved Resolution No. 22627 awarding an emergency construction contract for the City Hall Emergency Roof Repair. Following shutdown of the system on the last week of July 2023, the on-call service contractor, ESI, reported that the Rotunda HVAC failed and was not repairable. ESI reported that the condenser coil in the HVAC unit is deteriorating, and the fins are falling. The unit is unable to be serviced and or have the condenser coil cleaned as part of its regular maintenance. The chiller which serves two separate air handlers, are inoperative and unable to provide code required outside air requirements for an occupied public space.

Due to manufacturing and shipping constraints, there is a 12 to 16-week lead time for equipment delivery. This is a like-in-kind maintenance replacement project. Labor and materials are estimated at $139,660. A twenty percent (20%) contingency is requested as part of this work to address any unforeseen deficiencies in the system that may be discovered following removal.

Page | 2
Staff is seeking Council approval of this replacement of the HVAC pursuant to Section 12-27 of the Salinas Municipal Code, staff is requesting exceptions to competitive bidding for this agreement given that ESI is the City’s on-call service contractor for the HVAC systems and is familiar with the system and that competitive bidding of this item would further extend the timeline for replacement of the unit.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

This project addresses the current City Council’s Goals of Infrastructure and Environmental Sustainability by improving city facilities.

DEPARTMENTAL COORDINATION:

The Facilities Maintenance division along with the City Engineer have collaborated to determine the need of the HVAC replacement in the Rotunda. Continued ongoing partnership between the divisions of Public Works will ensure timely replacement and proper safety protocols are followed.

With an approved replacement plan, Facilities Maintenance division will work with those divisions who the replacement will affect to ensure a smooth transition and have minimal impact on work efficiency.

FISCAL AND SUSTAINABILITY IMPACT:

Funding for this project is available and appropriated in 3911.50.8170.

ATTACHMENTS:

Resolution
Quote
Agreement
1 RESOLUTION NO. (N.C.S.)

EMERGENCY ROTUNDA HVAC SYSTEM REPLACEMENT
WHEREAS, on April 4, 2023, City Council approved a resolution awarding an emergency construction contract for the City Hall Roof Repair; and WHEREAS, in July 2023, following shutdown of the existing HVAC system for the firstfloor east area of the building, Environmental Systems Inc., service contractor, also discovered significant issues with the existing HVAC system in the Rotunda; and WHEREAS, repair of the existing units would not be cost effective, and replacement of the existing units is recommended; and
WHEREAS, replacement of the existing HVAC units has a 12 to 16-week lead time; and WHEREAS, pursuant to Section 12-27 competitive bidding would further delay ordering and replacing the HVAC system and ESI is the city’s HVAC service contractor and is most intimately familiar with the system; and
WHEREAS, The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council herbey approves emergency replacement of the Rotunda HVAC system as part of the existing on-call service contract with ESI for $136,660; and
BE IT FURTHER RESOLVED that an additional 20% of new contract amount for contingencies in the amount of $27,932 is authorized for the Emergency Rotunda HVAC System Replacement for a total contract cost not to exceed $167,592; and BE IT FURTHER RESOLVED that the Interim City Manager is hereby ordered and authorized to execute all necessary documents related to the HVAC System Replacement; and PASSED AND APPROVED this 24th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
2 APPROVED:
______________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk

September 28, 2023

City of Salinas
200 Lincoln Ave
Salinas, CA 93901
Email: [email protected];
Attention: Sean Schmidt
Reference: Rotunda- HVAC System Replacement Rev #1
Quote: CITY523-23
Environmental Systems, Inc. proposes to provide the labor and material to complete the following:

The Council Chambers Building / Rotunda HVAC system has failed. The condenser coil is deteriorating and the fins are falling. It is unable to be serviced and or have the condenser coil cleaned. The chiller serves two separate air handlers, one air handler is inoperative and unable to provide code required outside air requirements for an occupied public space.

Proposed Work:

1. Isolate system and drain water

2. Remove and dispose of existing chiller

3. Remove and dispose of two existing ceiling hung air handlers

4. Remove water piping back to the building or to grade level

5. Install two new 5-ton air handlers with 5 KW electric strip heat, in existing mechanical rooms

6. Tie into existing supply and return ducting

7. Install two new 5-ton heat pump DX condenser coils adjacent to the building in the planter areas

8. Install new refrigerant piping between condensing units and air handlers

9. Tie into existing condensate lines

10. Demo emt raceways, disconnects any existing electrical equip

11. Provide approximately 60 feet of conduit for ems and controls

12. Install 2” conduit for two (2) new CU units from 24x24 can outside approximately 50 feet

13. Install new feeders for 125-amp panel near 2 new condensers

14. Install new rack for panel, disconnects, and servicing receptacles

15. Install new panel with 2 breakers to feed 2 new condensers (3 phase 480)

16. Install new Delta Controls to control schedule, set points and OSA requirements of the new HVAC system.

17. Start and test system operations
Total Price for the above scope: $139,660.00
Labor: $58,000 Material: $81,660.00
Exclusions:

Overtime labor, permits, service, paint and patch, inoperable dampers valves and linkages, repairs or component replacement other than stated above If this project requires bonds, please add 2% to the total proposal amount
3353 DE LA CRUZ BLVD. SANTA CLARA, CA 95054 TEL: (408) 980-1711 FAX: (408) 477-7295 CCL#422478 www.esite.net

Please feel free to contact us if you have any questions or if we can be of further assistance.

If you are satisfied with our proposal and would like us to proceed, please sign below and email to [email protected]. Price is valid for 30 days.

Kenneth J Filice
Senior Project Manager
Acceptance of the above proposal:

The price, specifications, and conditions of this proposal are satisfactory and hereby acceptable. I/We have read and acknowledge, and understand Environmental Systems Inc.’s General Terms and conditions attached, and hereby incorporate the same as part of this Proposal & Contract. I/We agree to make all payments as outlined above.

P.O. Number: _____________________________________ Amount: __________________________________ Signature: _________________________________________ Date: _____________________________________ Print Name: _______________________________________________ 3353 DE LA CRUZ BLVD. SANTA CLARA, CA 95054 TEL: (408) 980-1711 FAX: (408) 477-7295 CCL#422478 www.esite.net
Environmental Systems Inc – General Terms and Conditions

SECTION 1. ENTIRE AGREEMENT. The proposal on page 1, and these General Terms and Conditions represents the entire agreement. Owner may issue a Purchase order for accounting purposes, but these General terms and conditions will prevail.

SECTION 2. PAYMENT TERMS: Owner agrees to pay Environmental Systems Inc as follows: (A) 100% upon completion of project. (B) Any other payment terms must be mutually agreed to in writing between Owner and Environmental Systems Inc. (C) Progress payments based on amount of work completed each month.

SECTION 3. CHANGES IN WORK. Contractor shall not be required to make any changes in the work without a mutually agreed to written change order authorization which includes the new scope of work and agreed to price. If Owner provides verbal direction, Owner agrees to follow up in writing within 5 days, but in no event shall verbal direction preclude Environmental Systems Inc from being reimbursed for the change order work. Written changes will not be required if Contractor acts in response to an emergency situation.

SECTION 4. CLAIMS. If any dispute shall arise between Owner and Contractor regarding performance of the work, or any alleged change in the work, Contractor may perform the disputed work and shall submit a notice of a claim for additional compensation for the work within ten (10) days after commencement of the disputed work. Any and all claims shall first be addressed in an Owner/Contractor meeting for resolution. If that is unsuccessful, Contractor may request and Owner agrees to binding arbitration. SECTION 5.

GUARANTEE. Environmental Systems Inc guarantees and warrants all materials and workmanship and agrees to replace at his sole cost and expense any and all materials adjudged defective or damaged from said installation during a period of either (A) 30 days for repair work or (B) one year from completion for installation of new equipment. These specifications shall control unless a greater period of guarantee is provided by Equipment or material manufacturers.

SECTION 6. INSURANCE. Environmental Systems Inc shall, at its expense, procure limits and maintain insurance on all of its operations. The following will be considered acceptable insurance requirements on all projects. a. Workers Compensation and Employer’s Liability insurance; amounts as required by statute. b. Comprehensive General Liability or Commercial General Liability insurance covering all operations: $1,000,000.00 c. Automobile Liability insurance, including coverage for allow owned, hired and non-owned automobiles: $1,000,000.00 All insurance coverages shall be in amounts and for duration of the project.

SECTION 7. INDEPENDENT CONTRACTOR. Environmental Systems Inc is an independent contractor and not an agent for Owner
SECTION 8. ASBESTOS. Contractor agrees to stop work immediately and notify Owner should asbestos or asbestos related products be discovered during the course of construction. Work will continue only after the asbestos hazard has been abated by Owner and the Owner has authorized work to be restarted. Any such Asbestos remediation is not included in this contract.

SECTION 9. SEVERABILITY. If any one or more of the provisions of this Agreement, or the applicability of any such provision to a specific situation, is deemed invalid or unenforceable, then such provision shall be modified to the minimum extent necessary to make it or its application valid or enforceable, and the validity and enforceability of all other provisions of this agreement, and all other applications of such provisions, shall not be affected.

SECTION 10. JURISDICTION AND VENUE. Contractor and Owner agree that this contract shall be construed in accordance with, and governed by, the laws of the State of California. The jurisdiction and venue for any dispute arising from this contract shall be Santa Clara County, California.

SECTION 11. ATTORNEYS FEES. If any action is commenced between the parties hereto concerning the project or enforcement of this Agreement, the prevailing party in such litigation shall be entitled to, in addition to such other relief as may be granted, court costs, legal expenses, and reasonable attorneys’ fees.

CONTRACTORS ARE REQUIRED, BY LAW, TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE

BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A

COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, and P.O. BOX 26000, SACRAMENTO, CALIFORNIA 94826.
3353 DE LA CRUZ BLVD. SANTA CLARA, CA 95054 TEL: (408) 980-1711 FAX: (408) 477-7295 CCL#422478 www.esite.net
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-645, Version: 1
a. Labor Negotiations - California Government Code Section 54957.6, with its designated labor representatives Jim Pia, Interim City Manager; Horta-Gallegos, Human Resources Director; Sylvia Enriquez, Senior Human Resources Analyst; Che Johnson, Liebert Cassidy Whitmore, regarding labor relations with Service Employees International Union (SEIU), SEIU Supervisors, Salinas Municipal Employees Association/SEIU, Association of Management Personnel, Police Officers Association, Police Management Association, International Association of Firefighters, Fire Supervisors Association, Confidential Management Employees, Confidential Non-Management Employees, and Department Directors.
b. Performance Evaluation and Labor - California Government Code Section 54957(b)(1) and 54957.6, public employee performance evaluation and labor relations with unrepresented employee (City Attorney). c. Public Employee Appointment - California Government Code Section 54957(b)(1), City Manager. d. Pending Litigation - California Government Code Section 54956.9(d)(1), conference with legal counsel regarding, Santa Rita Union High School District, et al. v. City of Salinas et al., Monterey County Superior Court Case No. 20CV000242.
e. Pending Litigation - California Government Code Section 54956.9(d)(1), conference with legal counsel regarding, Alisal Union School District, et al. v. City of Salinas, et al., Monterey County Superior Court Case No. 20CV00340.

City of Salinas Page 1 of 1 Printed on 10/19/2023
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