Salinas City Council
November 14, 2023

Version: November 2022

AGREEMENT —AMENDMENT NO. 1 TO

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN
THE CITY OF SALINAS AND CSG CONSULTANTS, INC.

This Amendment No. 1 to the Agreement for Professional Services (the “Amendment”) is entered into this 14th day of November 2023, by and between the City of Salinas (the “City”) and CSG Consultants, Inc. (the “Consultant”) 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 Agreement for Professional Services effective July 1, 2023, 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 increase the City’s capacity to complete plan review, permitting, and inspections for multiple large development projects in a timely manner.

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

TERMS

1. The Agreement, Section 3. Compensation, is amended to the following:

Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed $750,000.

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

___________________________________
Kimbley Craig, City Mayor

APPROVED AS TO FORM:

___________________________________
□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney

Version: November 2022

CSG CONSULTANTS, INC.

___________________________________
Cyrus Kianpour, P.E., P.L.S., President

___________________________________
Nourdin Khayata, P.E., Secretary

AGREEMENT

FOR PROFESSIONAL SERVICES

BETWEEN

THE CITY OF SALINAS AND
CSG CONSULTANTS, INC.

DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84 Professional Services Agreement
CSG Consultants, Inc.

June 21, 2022

Contents
RECITALS ....................................................................................................................................... 4 TERMS ............................................................................................................................................ 4

1. Scope of Service .................................................................................................................... 4

2. Term; Completion Schedule.................................................................................................. 4

3. Compensation. ....................................................................................................................... 4

4. Billing .................................................................................................................................... 4

5. Meet & Confer. ..................................................................................................................... 5

6. Additional Copies.................................................................................................................. 5

7. Responsibility of Consultant. ................................................................................................ 5

8. Responsibility of City ............................................................................................................ 5

9. Acceptance of Work Not a Release ....................................................................................... 6

10. Indemnification and Hold Harmless...................................................................................... 6

11. Insurance ............................................................................................................................... 6

12. Access to Records. ................................................................................................................ 6

13. Non-Assignability.................................................................................................................. 6

14. Changes to Scope of Work. ................................................................................................... 7

15. Ownership of Documents. ..................................................................................................... 7

16. Termination. .......................................................................................................................... 7

17. Compliance with Laws, Rules, and Regulations ................................................................... 8

18. Exhibits Incorporated. ........................................................................................................... 8

19. Independent Contractor. ........................................................................................................ 8

20. Integration and Entire Agreement. ........................................................................................ 8

21. Jurisdiction and Venue .......................................................................................................... 8

22. Severability ............................................................................................................................ 9

23. Notices. .................................................................................................................................. 9

24. Nondiscrimination. ................................................................................................................ 9

25. Conflict of Interest. ............................................................................................................. 10

26. Headings. ............................................................................................................................. 10

27. Attorneys’ Fees.................................................................................................................... 10

28. Non-Exclusive Agreement. ................................................................................................. 10

29. Rights and Obligations Under Agreement. ......................................................................... 10

30. Licenses. .............................................................................................................................. 10

31. Counterparts. ....................................................................................................................... 10 DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84 Professional Services Agreement
CSG Consultants, Inc.

June 21, 2022

32. Legal Representation. .......................................................................................................... 10

33. Joint Representation. ........................................................................................................... 11

34. Warranty of Authority ......................................................................................................... 11

35. No Waiver of Rights. .......................................................................................................... 11 Exhibit A – Insurance Requirements .............................................................................................. 13 Exhibit B – Scope of Service ......................................................... Error! Bookmark not defined.

DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84 Professional Services Agreement
CSG Consultants, Inc.

June 21, 2022

AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND CSG CONSULTANTS, INC.

This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 20th day of June, 2023, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and CSG Consultants, Inc., a California corporation, (hereinafter “Consultant”).

RECITALS

WHEREAS, Consultant represents that he, she, or it is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and

WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions.

NOW, THEREFORE, City and Consultant agree as follows:

TERMS

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

2. Term; Completion Schedule. This Agreement shall commence on July 1, 2023, and shall terminate on June 30, 2024, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties and may be terminated only pursuant to the terms of this Agreement. Consultant shall fully comply with all timelines for performance of its consulting services set forth in Exhibit B.

3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed $250,000.

4. Billing. Consultant shall submit to City an itemized invoice, prepared in a form satisfactory to City, describing its services and costs for the period covered by the invoice.

Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant’s bills shall include the following information to which such services cost or pertain:

(A) A brief description of services performed;
(B) The date the services were performed;
(C) The number of hours spent and by whom;
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CSG Consultants, Inc.

June 21, 2022

(D) A brief description of any costs incurred; and
(E) The Consultant’s signature.

Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.

City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant. The City shall process undisputed portion immediately.

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

6. Additional Copies. If City requires additional copies of reports, or any other material which Consultant is required to furnish as part of the services under this Agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the actual costs related to the production of such copies by Consultant.

7. Responsibility of Consultant.

(A) By executing this Agreement, Consultant agrees that the services to be provided and work to be performed under this Agreement shall be performed in a fully competent manner. By executing this Agreement, Consultant further agrees and represents to City that the Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the services contemplated under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant’s work. Consultant further agrees and represents that Consultant shall follow the current, generally accepted practices in this area to the profession to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement.

(B) Consultant shall assign a single Project Director to have overall responsibility for the execution of this Agreement for Consultant. John LaTorra, is hereby designated as the Project Director for Consultant. Any changes in the Project Director designee shall be subject to the prior written acceptance and approval of the City Manager.

8. Responsibility of City. To the extent appropriate to the projects to be completed by Consultant pursuant to this Agreement, City shall:

(A) Assist Consultant by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84 Professional Services Agreement
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June 21, 2022

projects. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City.

(B) Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Consultant.

(C) Lisa Brinton, Community Development Director, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall have the complete authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services. City may unilaterally change its representative upon notice to the Consultant.

(D) Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.

9. Acceptance of Work Not a Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Consultant from professional responsibility for the work performed.

10. Indemnification and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City and its officers, officials, employees, volunteers, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder, including the performance of work of any of Consultant’s subcontractors or agents, or Consultant’s failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

11. Insurance. Consultant shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.

12. Access to Records. Consultant shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Consultant’s usual and customary business hours.

Consultant shall provide proper facilities to City’s representative(s) for such access and inspection.

13. Non-Assignability. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City.

DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84 Professional Services Agreement
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June 21, 2022

14. Changes to Scope of Work. City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be completed under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes.

Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.

15. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City’s behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify the Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Consultant.

16. Termination.

(A) City shall have the authority to terminate this Agreement, upon ten days written notice to Consultant, as follows:

(1) If in the City’s opinion the conduct of the Consultant is such that the interest of the City may be impaired or prejudiced, or

(2) For any reason whatsoever.

(B) Upon termination, Consultant shall be entitled to payment of such amount as fairly compensates Consultant for all work satisfactorily performed up to the date of termination based upon the Consultant’s rates shown in Exhibit B and/or Section 3 of this Agreement, except that:

(1) In the event of termination by the City for Consultant’s default, City shall deduct from the amount due Consultant the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Consultant are made to compensate City for its actual additional costs incurred in securing satisfactory performance of the terms of this Agreement, including but not limited to, costs of engaging another consultant(s) for such purposes. In the event that such additional expenses shall exceed amounts otherwise due and payable to Consultant hereunder, Consultant shall pay City the full amount of such expense.

(C) In the event that this Agreement is terminated by City for any reason, Consultant shall:

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CSG Consultants, Inc.

June 21, 2022

(1) Upon receipt of written notice of such termination promptly cease all services on this project, unless otherwise directed by City; and

(2) Deliver to City all documents, data, reports, summaries, correspondence, photographs, computer software output, video and audio tapes, and any other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such material is to be delivered to City in completed form; however, notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such material.

(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.

(E) The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.

17. Compliance with Laws, Rules, and Regulations. Services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.

18. Exhibits Incorporated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities of the parties.

19. Independent Contractor. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or servant of the City.

20. Integration and Entire Agreement. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.

21. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.

Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.

DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84 Professional Services Agreement
CSG Consultants, Inc.

June 21, 2022

22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.

23. Notices.

(A) Written notices to the City hereunder shall, until further notice by City, be addressed to:

Community Development Director
City of Salinas
65 W. Alisal Street
Salinas, California 93901

With a copy to:

City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901

(B) Written notices to the Consultant shall, until further notice by the Consultant, be addressed to:

Mr. Cyrus Kianpour, P.E., P.L.S.

President
CSG Consultants
550 Pilgrim Drive
Foster City, California 94404

(C) The execution of any such notices by the City Manager shall be effective as to Consultant as if it were by resolution or order of the City Council, and Consultant shall not question the authority of the City Manager to execute any such notice.

(D) All such notices shall either be delivered personally to the other party’s designee named above, or shall be deposited in the United States Mail, properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail.

24. Nondiscrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.

DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84 Professional Services Agreement
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June 21, 2022

25. Conflict of Interest. Consultant warrants and declares that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, in any manner or degree which will render the services required under the provisions of this Agreement a violation of any applicable local, state or federal law. Consultant further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Consultant as the result of Consultant’s performance of the work or services pursuant to the terms of this Agreement.

26. Headings. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.

27. Attorneys’ Fees. In case suit shall be brought to interpret or to enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys’ fees in addition to such costs as may be allowed by the Court. City’s attorneys’ fees, if awarded, shall be calculated at the market rate.

28. Non-Exclusive Agreement. This Agreement is non-exclusive and both City and Consultant expressly reserves the right to contract with other entities for the same or similar services.

29. Rights and Obligations Under Agreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.

30. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its representatives, agents or subcontractors by federal, state or local law, Consultant warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.

31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.

32. Legal Representation. Each party affirms that it has been represented, if it so chose, by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.

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CSG Consultants, Inc.

June 21, 2022

33. Joint Representation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.

34. Warranty of Authority. Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.

35. No Waiver of Rights. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any of the terms of this Agreement shall not constitute a waiver thereof.

Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. A waiver by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.

IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written above.

CITY OF SALINAS

Kimbley Craig
Mayor

APPROVED AS TO FORM:

□ Christopher A. Callihan, City Attorney, or
□ Rhonda Combs, Assistant City Attorney
DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84

Professional Services Agreement
CSG Consultants, Inc.

June 21, 2022

CONSULTANT

By: Cyrus Kianpour, P.E., P.L.S.

Its: President

By: Nourdin Khayata, P.E.

Its: Secretary
DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84

Professional Services Agreement
CSG Consultants, Inc.

June 21, 2022

Exhibit A- Insurance Requirements

Insurance Requirements
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees, or subcontractors. With respect to General Liability and Professional Liability, covera ge should be maintained for a minimum of five (5) years after Agreement completion.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
(A) Commercial General Liability (“CGL”): Insurance Services Office Form (“ISO”) CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (B) Automobile Liability: ISO Form CA 0001 covering any auto, or if Consultant has no owned autos, hired and non -owned, with limits no less than $1,000,000 per accident for bodily injury and property damage.
(C) Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
(D) Professional Liability (also known as Errors and Omissions) insurance appropriate to the work being performed, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate per policy period of one year.

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

OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84 Professional Services Agreement
CSG Consultants, Inc.

June 21, 2022

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

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Consultant, its employees, agents, and subcontractors.

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

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

Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of this Agreement or the beginning of Agreement work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Dat e prior to the Agreement effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.

4. A copy of the claims reporting requirements must be submitted to the City for review.

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CSG Consultants, Inc.

June 21, 2022

Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Consultant shall require and verify that all sub-consultants and/or subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from such sub-consultants and/or subcontractors.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Maintenance of Insurance
Maintenance of insurance by Consultant as specified shall in no way be interpreted as relieving Consultant of its indemnification obligations or any responsibility whatsoever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary.

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CSG Consultants, Inc. Contract Rates FY 22-23
City of Salinas

Plan Review
Complete Plan Review - 65% of .65 X Building Permit Fee Structural Only Plan Review - 50% of .65 X Building Permit Fee Compfete Plan Review (Hourly & 4th Review Onwards) -$117 per hour Structural Only Plan Review (Hourly & 4th Review Onwards) - $128 per hour Plumbing, Mechanical, and Electrical Plan Review - $117 per hour Complete Plan Review (Onsite at Salinas) - $135 per hour, 4-hour minimum Building Official - $164 per hour

Inspection
Combination Inspector (with CSG vehicle in Salinas) - $117 per hour, 4-hour minimum

FireServices
Fire Sprinkler, Alarm Systems, Site Access, etc. Plan Review and Inspection (with CSG vehicle in Salinas) - $135 per hour

Certified Access Specialist Consulting
CASp Plan Review or Consultation (offsite) - $128 per hour CASp Consultation or Inspection (Onsite at Salinas)- $164 per hour

Scanning Services
Included inPlanReview Fees

Archiving/OtherPlans
$3.00 per sheet larger than 11" X 17"
$1.00 per sheet 11" X 17" and smaller

All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, travel and office expenses.

Overtime work will be billed at 1.Sx the hourly rates indicated in the table above. Rates will remain effective through June 30, 2024. Thereafter, CSG will initiate a rate increase based on change in CPI for the applicable region. CSG will mail an invoice at the beginning of every month for services rendered during the previous month.

EXHIBIT B
DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :

POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #

COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:

CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)

CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
12/20/2022
License # 0C3686121873CSG Consultants550 Pilgrim DrFoster City, CA 94404218492188110046 A 1,000,000USC03276822012/4/202212/4/2023100,00010,0001,000,0002,000,0002,000,0001,000,000B SCV013084-22-0112/4/202212/4/20235,000,000A USC02998922112/4/202212/4/20235,000,00010,000C XSCW023953-22-0112/4/202212/4/20231,000,0001,000,0001,000,000DProfessional Liab.83 OH 0489503-2212/4/2022Ded: $50,000; Agg:5,000,000DRetro Date: 1/1/199183 OH 0489503-2212/4/202212/4/2023Occurrence:5,000,000Blanket WC waiver of subrogation applies per attached endorsement. All operations of the Named Insured City of Salinas65 West AlisalSalinas, CA 93901
CSGCONS-01TWANG
Alliant Insurance Services, Inc.560 Mission St 6th FlSan Francisco, CA 94105Melissa [email protected]'s Fund Insurance CompanyAmerican Automobile Insurance CompanyNational Surety CorporationPacific Insurance Company, Limited X12/4/2023

X XXXXXX
DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84

MultiCover® - Without Medical Payments - CG 71 93 03 19 Policy Amendment(s) Commercial General Liability Coverage Form Your Commercial General Liability Coverage Form is revised as follows:

1. Broadened Named Insured
A. SECTION II - WHO IS AN INSURED, item 3., is deleted and replaced by the following:

3. Any organization that you own at the inception of this policy, or newly acquire or form during the policy period, and over which you maintain during the policy period majority ownership or majority interest, will qualify as a Named Insured if:
a. There is no other similar insurance available to that organization; and b. The first Named Insured shown in the Declarations has the responsibility of placing insurance for that organization; and
c. That organization is incorporated or organized under the laws of the United States of America.

However:
(1) Coverage under this provision 3 is afforded only until the next occurring annual anniversary of the beginning of the policy period shown in the Declarations, or the end of the policy period, whichever is earlier; and
(2) Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization; and
(3) Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization.

B. SECTION II - WHO IS AN INSURED, the last paragraph, is deleted and replaced by the following:

No person or or ganization is an insured with respect to the conduct of any current or past partnership, joint venture, or limited liability company that is not shown as a Named Insured in the Declarations. However, this does not apply to a limited liability company that meets all of the conditions in Section II - Who Is An Insured, item 3., above.

2. Additional Insured
If an Additional Insured endorsement is attached to this policy that specifically names a person or organization as an additional insured, then this Section 2. Additional Insured does not apply to such person or organization.

SECTION II - WHO IS AN INSURED, subsection 2.e., is added as follows:
e. Any person or organization is included as an additional insured, but only to the extent such person or organization is legally obligated to pay for bodily injury , property damage or personal and advertising injury caused by your acts or omissions. With respect to the insurance afforded to such additional insured, all of the following additional provisions apply:
(1) You have agreed in a written insured contract that such person or organization be added as an additional insured under this policy;
(2) The bodily injury, property damage or personal and advertising injury for which said person or organization is legally obligated to pay occurs subsequent to the execution of such insured contract; (3) The most we will pay is the lesser of either the amount of insurance available under the applicable Limits of Insurance shown in the Declarations or the limits of insurance required by the insured contract; (4) The insurance afforded to such additional insured only applies to the extent permitted by law; Policy Number: USC032778220
DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84

(
5) Such person or organization is an additional insured only with respect to:
(a) Their ownership, maintenance, or use of that part of the premises, or land, owned by, rented to, or leased to you, except such person or organization is not an insured with respect to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization;
(b) Your ongoing operations performed for that insured; (c) Their financial control of you, except such person or organization is not an insured with respect to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization;
(d) The maintenance, operation or use by you of equipment leased to you by such person or organization;
(e) Operations performed by you or on your behalf and for which a state or political subdivision has issued a permit, provided such operations are not performed for such state or political subdivision, and are not included within the products-completed operations hazard; or (f) Their liability as a grantor of a franchise to you. (6) This insurance does not apply to bodily injury, property damage, personal and advertising injury, occurrence or offense:
(a) Which takes place at a particular premises after you cease to be a tenant of that premises; (b) Which takes place after all work, including materials, parts or equipment furnished in connection with such work to be performed by or on behalf of the additional insured at the site of the covered operations, has been completed;
(c) Which takes place after that portion of your work out of which the injury or damage arises has been put to its intended use by any other person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project; or (d) Which takes place after the expiration of any equipment lease to which (4)(d) above applies; (7) With respect to architects, engineers or surveyors, coverage does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering or failure to render any professional services by or for you, including:
(a) The pr
eparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; or (b) Supervisory, inspection, architectural, or engineering services.

These exclusions apply even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage, or the offense which caused the personal or advertising injury, involved the rendering of or the failure to render any professional services by or for you.

3. Additional Insured - Vendors
If an Additional Insured Vendors endorsement is attached to this policy that specifically names a person or organization as an additional insured, then this Section 3. Additional Insured - Vendors does not apply to that person or organization.

Unless the products -completed operations hazard is excluded from this policy, SECTION II - WHO IS AN INSURED, item 2.f. is added as follows:
f. Any vendor of yours is included as an additional insured, but only with respect to bodily injury or property damage caused by your products which are distributed or sold in the regular course of the vendor’s business, subject to the following additional exclusions:

Policy Number: USC032778220
DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84

(
1) The insurance afforded such vendor does not apply to:
(a) Bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
(e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
(f) Demonstration, installation, servicing or repair operations, except such operations performed by the vendor in full compliance with the manufacturer’s written instructions at the vendor’s premises in connection with the sale of the product;
(g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) Bodily injury or property damage arising out of the liability of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient, part or container, entering into, accompanying or containing such products; (3) The most we will pay is the lesser of either the amount of insurance available under the applicable Limits of Insurance shown in the Declarations or the limits of insurance required by the contract or agreement; and
(4) The insurance afforded to such vendor only applies to the extent permitted by law.

4. Additional Insured - Limited Primary and Noncontributory Provision The following is added as a second paragraph to Section IV Conditions, Condition 4. Other Insurance, following paragraph b.(2):

However, if you have added any person, organization or vendor of yours as an additional insured to this policy by
way of this MultiCover ® endorsement and have agreed in a written insured contract that this insurance is primary and non-contributory with other insurance available to that additional insured, this insurance is primary and we will not seek contribution from such additional insured’s other insurance, provided that the additional insured is a Named Insured under such other insurance.

5. Waiver of Subrogation
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 8., is deleted and replaced by the following:

8. Transfer of Rights of Recovery Against Others to Us and Blanket Waiver of Subrogation a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after the loss to impair those rights. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. b. If required by a written insured contract executed prior to the occurrence or offense, we waive any right of recovery we may have against any person or organization named in such insured contract, because of payments we make for injury or damage arising out of your operations or your work for that person or organization.

Policy Number: USC032778220
DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84

6. C
ancellation - 90 Days
Common Policy Conditions endorsement IL0017, A. Cancellation, item 2.b. is deleted and replaced by the following:
b. 90 days before the effective date of cancellation if we cancel for any other reason.

7. Liberalization
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added as an additional Condition:

Liberalization
If we adopt a change in our forms or rules which would broaden the coverage provided by any form that is a part of this policy without an extra premium charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state.

8. Fire, Explosion, Sprinkler Leakage, or Lightning Legal Liability Coverage A. SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2.

Exclusions, the last paragraph, is deleted and replaced by the following:

Exclusions c. through n. do not apply to damage by fire, explosion, sprinkler leakage, or lightning to premises while:

1. Rented to you;

2. Temporarily occupied by you with the permission of the owner; or

3. Managed by you under a written agreement with the owner.

A separate limit of insurance applies to this coverage as described in Section III - LIMITS OF INSURANCE.

B. SECTION III - LIMITS OF INSURANCE, item 6., is deleted and replaced by the following:

6. Subject to 5. above, the Damage to Premises Rented To You Limit shown in the Declarations, for p
roperty damage to any one premises while rented to you, or in the case of damage by fire, explosion, sprinkler leakage, or lightning while rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner, is the greater of:
a. $1,000,000 Any One Premises; or
b. The Damage To Premises Rented To You Limit shown in the Declarations.

C. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, b. Excess Insurance, (1)(a), items (i) and (iii), are deleted and replaced by the following:
(i) That is Fire, Explosion, Sprinkler Leakage or Lightning insurance for premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner;
(iii) That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner; or
D. SECTION V - DEFINITIONS, 9. Insured Contract, item a., is deleted and replaced by the following:
(a) A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, explosion, sprinkler leakage, or lightning to premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner, is not an insured contract;

9. Damage to Invitees’ Automobiles from Falling Trees or Tree Limbs - Limited Coverage Policy Number: USC032778220
DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84

This coverage applies to direct physical damage to automobiles owned by invitees subject to all of the following:

1. Provided such damage originates from trees on premises owned, managed, leased or rented by an insured;

2. Coverage applies only to invitees of an insured or an insured’s tenant;

3. Such damage is directly caused by wind-driven falling trees or tree limbs;

4. The most we will pay for any one loss is the lowest of:
a. the actual cash value of the damaged automobile as of the time of the loss; or b. the cost of repairing the damaged automobile; or
c. the cost of replacing the damaged automobile with another automobile of like kind and quality.

Regardless of the number of occurrences, losses or claims, this coverage is subject to a limit of $25,000 in any one policy period;

5. This coverage is not subject to the General Liability General Aggregate Limit; and

6. We will make payments under this coverage without regard to fault.

10. Non-Owned or Chartered Watercraft
SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2.

Exclusions, item g. Aircraft, Auto, or Watercraft, item (2), is deleted and replaced by the following:
(2) A watercraft you do not own that is:
(a) Less t han 51 feet long; and
(b) Not being used for public transportation or as a common carrier;

11. Chartered Aircraft
SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2.

Exclusions, g. Aircraft, Auto Or Watercraft, item (6), is added as follows:
(6) An aircraft in which you have no ownership interest and that you have chartered with crew.

12. Coverage Territory - Broadened
SECTION V - DEFINITIONS, item 4.a., is deleted and replaced by the following:
a. The United States of America (including its territories and possessions), Puerto Rico, Canada, Bermuda, the Bahamas, The Cayman Islands and the British Virgin Islands;

13. Personal and Advertising Injury - Contractual
Unless personal and advertising injury is excluded from this policy the following applies:

SECTION I - COVERAGES, COVERAGE B, 2. Exclusions, item e., is deleted.

14. Fellow Employee Coverage
SECTION II - WHO IS AN INSURED, 2.a., item (1) is deleted and replaced by the following:
(1)
Personal and advertising injury:

However, subsections (a), (b), (c) and (d) of item (1) remain unchanged.

15. Bodily Injury Definition - Broadened
SECTION V - DEFINITIONS, 3. Bodily Injury is deleted and replaced by the following:

Bodily injury means bodily injury, sickness or disease sustained by a person including death or mental anguish resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease.

16. Expected o r Intended Injury - Amendment to Exclusion Policy Number: USC032778220
DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84

SECTION I. Coverage A Bodily Injury and Property Damage Liability, 2. EXCLUSIONS, a. Expected or Intended Injury, is deleted and replaced by the following:
a. Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the insured.

This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.

17. Unintentional Failure to Disclose Hazards
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 6. Representations, the following is added:
d. If you unintentionally fail to disclose any hazards existing at the inception date of this policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal.

18. Supplementary Payments - Increased Limits
SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGES A AND B, items 1.b. and 1.d., are deleted and replaced by the following:
b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit, including substantiated loss of earnings up to $500 a day because of time off from work.

19. Duties in the Event of an Occurrence, Offense, Claim or Suit - Amended SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 2.a. is deleted and replaced by the following:
(1) You must see to it that we or any licensed agent of ours are notified of a General Liability occurrence or offense which may result in a claim as soon as practicable after it becomes known to:
(a) You, if you are an individual;
(b) Your partner or member, if you are a partnership or joint venture; (c) Your member, if you are a limited liability company; (d) Your executive officer if you are an organization other than a partnership, joint venture or limited liability company; or
(e) Your aut horized representative or insurance manager.

Knowledge of an occurrence or offense by persons other than those listed above does not imply that those listed above also have such knowledge.
(2) To the extent possible, notice should include:
(a) How, when and where the occurrence or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the occurrence or offense.

20. Non Employment Discrimination Liability
Unless personal and advertising injury is excluded from this policy the following applies:

A. SECTION V - DEFINITIONS, 14. Personal and advertising injury, item h. is added as follows:
h. Discrimination.

B. B. SECTION V - DEFINITIONS, item 23. is added as follows:

Policy Number: USC032778220
DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84

23. Discrimination means the unlawful treatment of a person or class of persons because of their specific race, color, religion, gender, age, or national origin in comparison to one or more persons who are not members of the specified class.

C. SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, 2.

Exclusions, the following are added:
q. Discrimination directly or indirectly related to the past employment, employment or prospective employment of any person or class of persons by any insured; r. Discrimination directly or indirectly related to the sale, rental, lease or sublease or prospective sale, rental, lease or sublease of any dwelling or permanent lodging by or at the direction of any insured; s. Discrimination, if insurance thereof is prohibited by law; or t. Fines, penalties, specific performance, or injunctions levied or imposed by a governmental entity, governmental code, law, or statute because of discrimination.

All other terms and conditions of the policy apply.

Policy Number: USC032778220
DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84

Copyright ©2014 Allianz Global Risks US Insurance Company. All rights reserved.

FleetCover® Endorsement – CA 70 18 10 14
Policy Amendment
This Endorsement modifies insurance provided under the:

Business Auto Coverage Form
Motor Carrier Coverage Form
A. Broadened Named Insured
Section II – Covered Autos Liability Coverage, A. Coverage, 1. Who Is An Insured, the f
ollowing is added:

Any organization you own on the inception of this policy, or newly acquire or form during the pol
icy period, and over which you maintain during the policy period, majority ownership or majority interest will qualify as a Named Insured if:
(1) There is no other similar insurance available to that organization; and (2) The first Named Insured shown in the Declarations of this policy has the responsibility of placing insurance for that organization; and
(3) The organization is incorporated or organized under the laws of the United States of America.

However:
(a) Coverage under this provision is afforded only until the next occurring 12 month anniversary of the beginning of the policy period shown in the Declarations, or the end of the policy period, whichever is earlier; and
(b) Coverage under this provision does not apply to bodily injury or property damage that results from an accident that occurred before you acquired or formed the organization; and (c) No person or organization is an insured with respect to any current or past partnership, or joint venture that is not shown as a Named Insured in the Declarations; and (d) Coverage under A.(1), (2) and (3) above does not apply to any organization that is covered as an insured under any other automobile liability insurance policy whose limits of insurance have been exhausted or whose insurer has become insolvent.

B. Broadened Who Is an Insured

1. Form CA0001 (if attached to this policy), Section II – Covered Autos Liability Coverage, A.

Coverage, 1. Who Is An Insured, item b.(2) is deleted, and d. is added as follows:
d. Your employee while using his owned auto, or an auto owned by a member of his or her household, in your business or your personal affairs, provided you do not own, hire or borrow that auto.

2. Form CA0020 (if attached to this policy), Section II – Covered Autos Liability Coverage, A.

Coveraqe, 1. Who Is An Insured, item b.(2) is deleted, and f. is added as follows:
f. Your em ployee or agent while using his owned private passenger type auto, or a p
rivate passenger type auto owned by a member of his or her household, in your business or personal affairs, provided you do not own, hire, or borrow that auto.

This form must be attached to Change Endorsement when issued after the policy is written.

One of the Allianz Global Risks US Companies as named in the policy.

Policy Number: SC V 013084 22 01
DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84

Copyright ©2014 Allianz Global Risks US Insurance Company. All rights reserved.

C. Additional Insured Coverage and Waiver of Subrogation

1. Form CA0001 (if attached to this policy), Section II – Covered Autos Liability Coverage, A.

Coverage, 1. Who Is An Insured, the following is added as item e.; and form CA0020 (if attached to this policy), Section II – Covered Autos Liability Coverage, A. Coverage, 1. Who Is An Insured; the following is added as item g.:

Any person or organization with respect to the operation, maintenance, or use, of a covered auto, provided that you and such person or organization have agreed under an expressed provision in a written insured contract or written agreement, or a written permit issued to you by a governmental or public authority, to add such person, organization, or governmental or public authority to this policy as an insured.

However, such person or organization is an insured:

(1) Only with respect to the operation, maintenance, or use, of a covered auto; and

(2) Only for bodily injury or property damage caused by an accident which takes place after:

(a) You executed the insured contract or written agreement; or

(b) The permit has been issued to you.

2. Form CA0001 (if attached to this policy), Section IV - Business Auto Conditions, A. Loss Conditions, item 5.; and form CA0020 (if attached to this policy), Section V - Motor Carrier Conditions, A. Loss Conditions, item 6.; the following is added:

Waiver of Subrogation
If required by a:
a. Written insured contract or written agreement executed prior to the accident; or

b. Written permit issued to you by a governmental or public authority prior to the accident;

we w
aive any right of recovery we may have against any person or organization named in such contract, agreement or permit, because of payments we make for injury or damage arising out of the ownership, maintenance or use of a covered auto.

D. Auto Medical Payments - Increased Limit

For each covered auto described in the Declarations or shown in the Schedule as having Auto Medical Payments Coverage, the Medical Payments Limit of Insurance for those autos is revised to the greater of:

1. $5,000; or

2. The limit shown in the Declarations.

E. Hired Auto Physical Damage Coverage and Loss of Use Expenses Hired Auto Physical Damage Coverage
Policy Number: SC V 013084 22 01
DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84

Copyright ©2014 Allianz Global Risks US Insurance Company. All rights reserved.

If Physical Damage Coverage is provided by this policy on your owned covered autos, the following applies:

Any auto that you lease, hire, rent or borrow without a driver, will be covered under this policy for Physical Damage Coverage. However any such auto:

1. Will be covered only for the same Physical Damage Coverage that applies to your owned covered autos;

2. Will be subject to the same applicable deductible shown in the Declarations that applies to your most similar owned covered auto, except any Comprehensive Coverage deductible does not apply to loss caused by fire or lightning; and

3. The most we will pay for any one loss in any one accident is the lesser of the following:

a. Actual cash value of the damaged or stolen property as of the time of the loss as determined by us; or

b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality.

In addition, we will pay costs and fees associated with such covered loss only for a maximum time period of seven days beginning with the date of loss, subject to a maximum of $500.

However:

1. If form CA0001 is attached to this policy, this coverage does not apply to autos you lease, hire, rent or borrow from any of your employees, partners (if you are a partnership), members (if you are a limited liability company) or members of their households; and

2. If form CA0020 is attached to this policy, this coverage does not apply to any private passenger type auto you lease, hire, rent or borrow from any member of your household, any of your employees, partners (if you are a partnership), members (if you are a limited liability company), or agents or members of their households.

Hired Auto Loss of Use Expenses

Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A. Coverage,

4. Coverage Extension, b. Loss of Use Expenses; and form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, A. Coverage, 4. Coverage Extension, b. Loss of Use Expenses; is deleted and replaced by the following:

b. For Hired Auto Physical Damage, we will pay expenses for which an Insured becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by:

(1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered auto;

(2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss is provided for any covered auto; or

(3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered auto.

Policy Number: SC V 013084 22 01
DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84

Copyright ©2014 Allianz Global Risks US Insurance Company. All rights reserved.

However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $1,000.

F. Coverage Territory - Hired Auto

1. Form CA0001, (if attached to this policy), Section IV - Business Auto Conditions, B. General Conditions, 7. Policy Period, Coverage Territory, b.(5) is deleted and replaced by the following:

(5) Anywhere in the world if a covered auto of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 180 days or less,

2. Form CA0020 (if attached to this policy), Section V - Motor Carrier Conditions, B. General Conditions, 7. Policy Period, Coverage Territory, b.(5) is deleted and replaced by the following:

(5) Anywhere in the world if a covered auto of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 180 days or less, G. Communication Equipment Coverage

Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, C. Limits of Insurance, Paragraph 1.b.; and form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, C. Limits of Insurance, Paragraph 1.b.; is deleted and replaced by the following:

b. All electronic equipment that reproduces , receives or transmits audio, visual or data signals in any one loss is $1,500, if, at the time of loss, such electronic equipment is:

H. Tapes, Records, CDs and DVD Coverage

The P hysical Damage Coverage Section is amended as follows:

1. The exclusion referring to tapes, records, discs, or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment does not apply.

2. Under Comprehensive Coverage - Form CA0001 (if attached to this policy), Section III- Physical Damage Coverage, A. Coverage; and form CA0020 (if attached to this policy), Section IV- Physical Damage Coverage, A. Coverage; the following is added:

We will pay for loss to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices:

a. Are your property, or that of a family member; and

b. Are in a covered auto at the time of a loss.

The most we will pay for loss is $250. No deductible applies to this coverage.

I. Personal Effects Coverage

Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A. Coverage,

4. Coverage Extensions; and form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, A. Coverage, 4. Coverage Extensions; item c. is added as follows:

Policy Number: SC V 013084 22 01
DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84

Copyright ©2014 Allianz Global Risks US Insurance Company. All rights reserved.

c. Personal Effects Coverage

We will pay up to $500 for loss for clothing items or other personal effects that are owned by an insured and are in an Owned auto at the time of a covered loss.

Personal Effects do not include audio visual or electronic devices, money, giftcards, securities, jewelry, or tools.

This coverage is excess over any other collectible insurance.

No deductible applies to this coverage.

J. Airbag Coverage

1. Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, B.

Exclusions, 3.a.; and form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, B. Exclusions, 3.a.; the following is added:

However, mechanical breakdown does not mean the unintended discharge of an airbag, provided that any loss covered under this provision is excess over any other collectable insurance or warranty designed to cover such unintended discharge.

K. Rental Reimbursement

Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A. Coverage,

4. Coverage Extensions; and form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, A. Coverage, 4. Coverage Extensions; item d. is added as follows:

d. Rental Reimbursement or Transportation Expenses

If loss occurs to a covered auto described or designated in the Declarations or Schedule and covered for Physical Damage Coverage, we will pay for rental expenses for the rental of a similar replacement auto and additional transportation expenses, incurred by you. This payment applies in addition to the otherwise applicable amount of each coverage you have on the covered auto. No deductible applies to this coverage. However:

(1) We will pay only for those expenses incurred by you that begin 24 hours after the covered loss.

(2) We will cease paying for those expenses, regardless of the policy’s expiration date, at the earlier of the following dates:

(a) The number of days reasonably required to repair or replace the covered auto. If loss is caused by theft, this number of days is added to the number of days it takes to locate and return the covered auto to you; or

(b) 45 days from the date this coverage begins.

(3) Our payment is limited to the lesser of the following amounts:

(a) Necessary and actual expenses incurred by you; or

(b) $1,500.

(4) This coverage does not apply while there are spare or reserve autos available to you for Policy Number: SC V 013084 22 01
DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84

Copyright ©2014 Allianz Global Risks US Insurance Company. All rights reserved.

your operations.

(5) If loss results from the total theft of a covered private passenger type auto (if CA0020 is attached to this policy), or a covered private passenger auto (if CA0001 is attached to this policy), we will pay under this coverage only that amount of your covered rental expenses or additional transportation expenses which are not already provided for under the Physical Damage Coverage Extensions.

L. Extended Towing Coverage

1. Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A.

Coverage, 2. Towing, is deleted and replaced by the following:

2. Extended Towing

We will pay up to $750 per disablement for towing and labor costs you incur each time your covered auto is disabled. However:
a. All labor must be performed at the place of disablement; and

b. If the covered auto is of the private passenger type, no deductible applies; and

c. If the covered auto is not of the private passenger type, our obligation to pay will be reduced by a $250 deductible per disablement.

d. If the covered auto is not of the private passenger type and the disablement results from a loss covered under Section III - Physical Damage Coverage, A. Coverage, Paragraphs 1, a., b., or c., there is no separate deductible for the Extended Towing Coverage.

For purposes of this coverage, disablement means a breakdown of the covered auto including mechanical breakdown, engine failure, or tire blowout, where re- pairs cannot be made roadside and a tow is required to remove the auto from the roadway and to seek additional services and repair.

2. Form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, A.

Coverage, 2. Towing - Private Passenger Autos, is deleted and replaced by the following:

2. Extended Towing

We wi ll pay up to $750 per disablement for towing and labor costs you incur each time your covered auto is disabled. However:

a. All labor must be performed at the place of disablement; and

b. If the covered auto is of the private passenger type no deductible applies; and

c. If the covered auto is not of the private passenger type our obligation to pay will be reduced by a $250 deductible per disablement.

d. If the covered auto is not of the private passenger type and the disablement results from a loss covered under Section III - Physical Damage Coverage, A.

Coverage, Paragraphs 1, a., b., or c., there is no separate deductible for the Extended Towing Coverage.

For purposes of this coverage, disablement means a breakdown of the covered auto Policy Number: SC V 013084 22 01
DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84

Copyright ©2014 Allianz Global Risks US Insurance Company. All rights reserved.

including mechanical breakdown, engine failure, or tire blowout, where repairs cannot be made roadside and a tow is required to remove the auto from the roadway and to seek additional services and repair.

M. Cancellation - 120 Days Notice

If we cancel this policy for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured at the last mailing address known to us, written notice of cancellation at least 120 days prior to the effective date of cancellation.

N. Supplementary Payments - Increased Limits

Section II - Liability Coverage, 2. Coverage Extensions, a. Supplementary Payments, items (2) and (4) are deleted and replaced by the following:

(2) Up to $2,500 for the cost of bail bonds (including bonds for related traffic law violations) required because of an accident we cover. We do not have to furnish these bonds.

(4) All reasonable expenses incurred by the insured at our request, including substantiated loss of earnings up to $500 a day, because of time off from work.

O. Duties in the Event of Accident, Claim, Suit or Loss - Amended Form CA0001 (if attached to this policy) Section IV - Business Auto Conditions, A. Loss Conditions, item 2. a.; and form CA0020 (if attached to this policy) Section V - Motor Carrier Conditions, A. Loss Conditions, item 2. a.; is deleted and replaced by the following:

a. In the event of accident, claim, suit or loss, you must promptly notify us or our authorized representative when it becomes known to:

(1) You, if you are an individual;

(2) Your partner or member, if you are a partnership or joint venture;

(3) Your member, if you are a limited liability company;

(4) Your executive officer if you are an organization other than a partnership, joint venture or limited liability company; or

(5) Your authorized representative or insurance manager.

Knowledge of an accident, claim, suit or loss by other persons does not imply that the persons listed above have such knowledge.

Notice should include:

(1) How, when and where the accident or loss occurred; and

(2) The insured’s name and address; and

(3) To the extent possible, the names and address of any injured persons and witnesses.

P. Unintentional Failure to Disclose Hazards

Form CA0001 (if attached to this policy), Section IV - Business Auto Conditions, B. General Policy Number: SC V 013084 22 01
DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84

Copyright ©2014 Allianz Global Risks US Insurance Company. All rights reserved.

Conditions, item 2.; and form CA0020 (if attached to this policy), Section V - Motor Carrier Conditions, B. General Conditions, item 2.; the following is added:

However, if you unintentionally fail to disclose any ha zards existing at the inception date of this policy, we will not deny coverage under this Coverage Form because of such failure. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal.

Q. Fellow Employee Coverage

Section II - Liability Coverage, B. Exclusions, 5. Fellow Employee, the following is added:

However, this exclusion does not apply if the bodily injury results from the use of a covered auto you own or hire, and provided that any coverage under this provision only applies in excess over any other collectible insurance.

R. Limited Mexico Coverage

WARNING

AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER.

IN SOME CASES THE COVERAGE PROVIDED HERE MAY NOT BE RECOGNIZED BY

THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO

COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING IN MEXICO.

THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR OUTSIDE OF 25 MILES FROM THE BORDER OF THE UNITED STATES OF AMERICA.

Form CA0001 (if attached to this policy), Section IV - Business Auto Conditions, B. General Conditions, item 7.; and form CA0020 (if attached to this policy), Section V - Motor Carrier Conditions, B. General Conditions, item 7.; the following is added:

The c overage territory is extended to include Mexico, but only:

a. For accidents or losses occurring within 25 miles of the United States border; and

b. For trips into Mexico of 10 days or less; and

c. If the covered auto is principally garaged and principally used in the United States; and

d. If the insured is a resident of the United States.

If a loss to a covered auto occurs in Mexico, we pay for such loss in the United States. If the covered auto must be repaired in Mexico in order to be driven, we will not pay for more than the actual cash value of such loss as determined by us at the nearest United States point where the repairs can be made.

Any insurance provided under this provision will be excess over any other collectible insurance.

Policy Number: SC V 013084 22 01
DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84

Copyright © 2017 Allianz Global Risks US Insurance Company. All rights reserved.

S. Extended Glass Coverage

Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A. Coverage, item 3.a.; and form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, A. Coverage, item 3.a.; is deleted and replaced by the following:

a. Glass breakage. If glass must be replaced, the deductible will be $100 or the deductible shown in the Declarations, whichever is less. If glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced.

T. Broadened Definition of Bodily Injury

Form CA0001 (if attached to this policy), Section V - Definitions, item C.; and Form CA0020 (if attached to this policy), SECTION VI - DEFINITIONS, item C.; is deleted and replaced by the following:

C. Bodily Injury means bodily injury, sickness or disease sustained by a person including death or mental anguish resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease.

U. Customer Lease or Loan Physical Damage Coverage Extension

Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, C. Limit Of Insurance; and form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, C. Limits Of Insurance; item 4. is added as follows:

4. If your covered owned auto is:

(1) Shown in the Schedule and designated as covered for Physical Damage Coverage; and

(2) Shown in this policy as having a loss payee or additional-insured-lessor; and

(3) Incurs a covered total loss;
we will pay the greater of:
(a) The actual cash value, as determined by us, of the damaged or stolen property as of the time of the total loss; or
(b) The outstanding indebtedness under the initial finance agreement for the covered auto and its equipment.

As used here, outstanding indebtedness means the amount you owe on the finance agreement at the time of total loss:
(i) Less any amounts representing taxes, overdue payments, penalties, interest, or charges resulting from overdue payments, additional mileage, excess wear and tear, or lease termination fees; and
(ii) Less any administrative costs or overhead fees assessed by the finance company who has leased the covered auto to you; and
(iii) Less security deposits not returned by the lessor; and (iv) Less costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and
Policy Number: SC V 013084 22 01
DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84

Copyright © 2017 Allianz Global Risks US Insurance Company. All rights reserved.

(v) Less carry-over balances from previous loans or leases.

V. Two or More Deductibles

1. Section III - Physical Damage Coverage, D. Deductible, of form CA0001 (if attached to this policy), the following is added:

If another Allianz Global Risks US Insurance Company policy or coverage form that is not an automobile policy or coverage form applies to the same accident or loss, the following applies:
(1) If the deductible under this Business Auto Coverage Form is the lesser of (or least) deductible, it will be waived.
(2) If the deductible under this Business Auto Coverage Form is not the lesser, (or least) deductible, it will be reduced by the amount of the lesser (or least) deductible.

2. Section IV - Physical Damage Coverage, D. Deductible, of form CA0020 (if attached to this policy), the following is added:

If another Allianz Global Risks US Insurance Company policy or coverage form that is not an automobile policy or coverage form applies to the same accident or loss, the following applies:
(1) If the deductible under this Business Auto Coverage Form is the lesser of (or least) deductible, it will be waived.
(2) If the deductible under this Business Auto Coverage Form is not the lesser, (or least) deductible, it will be reduced by the amount of the lesser (or least) deductible.

All other terms and conditions of the policy remain unchanged.

Policy Number: SC V 013084 22 01
DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06

(Ed. 04-84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT−CALIFORNIA

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.

You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The addi tional premium for this endorsement shall be 2.00% of the California workers’ compensation premium otherwise due on such remuneration.

Schedule

Person or Organization

Job Description
Associated
Job
Premium
Blanket Waiver of Subrogation as required by written contract.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.

(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)

Endorsement Effective 12/04/2022
Insured CSG Consultants, Inc.

Policy No. SCW0239532201
Insurance Company National Surety
Corporation
Endorsement No.

Premium

Countersigned By

WC 04 03 06
(Ed. 04-84)
DocuSign Envelope ID: 2703C5DE-657D-4F3F-A2C0-6F90877F2B84 Invoiced Services to Date
$13,905.00 Fire Plan Review Invoiced
$27,315.00 Building Plan Review Invoiced
Future Services not yet Invoiced
$29,150.00 Future Fire Plan Review
$36,073.00 Future Building Plan Review
$40,000.00 Future Building Inspections
Upcoming Large Projects
$285,425.00 Large Project Plan Review
$317,240.00 Large Project Inspections
Rail Extension Job Valuation $18,000,000
Northridge Mall Starbucks Job Valuation $1,200,000
11 Peach Mixed Use Job Valuation $2,500,000
Kaiser Tenant Improvement Job Valuation $16,000,000
Catt Quinn Wearhouse Valuation $4,750,000
Archer Aviation Job Valuation $3,000,000
Total Valuation $45,450,000
$749,108 Total Services FY24
Exhibit C
Estimated Cost of Services from CSG FY24
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-658, Version: 1
ProjectDox ePlan Renewal and Service Agreements with Avolve Software, Inc.

Approve a Resolution authorizing the City Manager or designee to negotiate and execute a Year Three ProjectDox ePlan Renewal and corresponding Service Agreements with Avolve Software, Inc. for an amount not to exceed $138,000 through December 2024.

City of Salinas Printed on 11/9/2023Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: NOVEMBER 14, 2023
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: LISA BRINTON, DIRECTOR
THROUGH: ANGELINE ANZINI, CHIEF BUILDING OFFICIAL
BY: YAZMIN OCHOA-FLORES, ADMINISTRATIVE ANALYST
TITLE: AUTHORIZATION OF YEAR THREE PROJECTDOX EPLAN

RENEWAL AND CORRESPONDING SERVICE AGREEMENTS
WITH AVOLVE SOFTWARE, INC.

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the City Manager or designee to negotiate and execute a Year Three ProjectDox ePlan Renewal and corresponding Service Agreements with Avolve Software, Inc. for an amount not to exceed $138,000 through December 2024.

EXECUTIVE SUMMARY:

On June 22, 2021, the City of Salinas entered into a Services Agreement with Avolve Software Inc., the developer of OAS and ProjectDox software (Resolution No. 22140 (N.C.S.) . OAS and ProjectDox software are utilized to provide residents, design professionals , and developers the ability to submit their permit applications for review and approval electronically. Electronic plan review provides greater efficiency by streamlining processes and creating a digital one-stop review of building permit applications.

In January 2023 , Council approved Resolution No. 22569 (N.C.S.) authorizing the Services Agreement r enewal (through December 2023) with Avolve for Year Two in the amount of $101,160. The amount of the Renewal for Year Three remains the same, $101,160, and covers services through December 2024. Year Three Renewal does not include assurance services, annual subscriptions, or SolarAPP+ implementation, estimated to be approximately $36,840. The funding source for the Renewal and Services Agreements is the Capital Improvement Program 9093, Permit Systems and Technology Upgrade, which is funded by a 5% technology fee collected as part of building permit fees.

BACKGROUND:

Under State Assembly Bill 2234, a public agency must require permits to be applied for, completed, and stored through a process on its internet website . Jurisdictions with a 2020 census population greater than 75,000 must comply no later than January 1, 2024. To fulfill this mandate, Page | 2
on June 22, 2021, the City entered into a Services Agreement with Avolve Software Inc ., the developer of OAS and ProjectDox software. Avolve's OAS system enables design professionals and architects to upload electronic plans for review. Once uploaded, City staff track, review and process plan checks electronically via ProjectDox, which helps manage the permit application and review process. In addition to reviewing plans, ProjectDox serves as a digital repository for approved plans to be maintained and used by city staff in the future.

Project Dox allows applicants to submit their application when it is convenient for them . The software perform s automated tasks and give s the applicant immediate feedback about missing information on forms, address validation, contractor license validation, the ability to pay fees and more. This greatly reduces the need to deliver applications and materials at the counter, simplifies file sharing, and cuts down staff time for data entry. The software complements the Permit Center’s one-stop-shop concept to create a virtual multi-departmental permitting center.

Avolve software is proven integrated with our current permitting software, TRAKiT. The software guides the applicant through each step of their participation in the review process with videos, in addition to written instruction. ProjectDox allows for better tracking across review cycle s by providing reviewer mark-up tools, prioritizing task assignments, automating version tracking, and processing data analytics. In addition, digital signatures can be maintained in the system during virtual meetings where plans are redlined for approval.

The Year Three ProjectDox ePlan Renewal does not account for any possible assurance services, program modification to implement state mandated SolarAPP+ and annual subscription Services.

Assurance Services hours can be used as needed , for ProjectDox configuration, training and any additional required changes. These hours are only invoiced upon use. Attachment 5 includes the Assurance Services Pricing Agreement.

Additionally, u nder State Senate Bill 379, local permitting jurisdictions , with the population greater than 50,000, are required to adopt SolarAPP+ or a similar program. SolarAPP+ is provided at no cost by the State of California but implementing it to our current ProjectDox system requires Avolve to complete the scope of work described in Attachment 4.

Annual Subscription Services are used for both the Avolve Learning Center Solution and access to modify reporting in Projectdox and OAS. The Avolve Learning Center Solution provides on - demand web-based training for staff. Staff can watch tutorials on specific items, learn at their own pace and level of expertise in the system. Access to modify reports will allow better tracking of internal procedures, performance measures for the annual budget and more data to utilize in the annual Permit Center update.

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:

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This Renewal and corresponding Services Agreements furthers the City Council’s 2023 -2025 strategic goal s of Economic Development and Housing/Affordable Housing . The Avolve electronic plan review software will continue to offer a streamlined and efficient process for both residential and commercial permits which support s businesses to obtain important construction permits in a timely manner.

DEPARTMENTAL COORDINATION:

The Community Development, Public Works , and Fire Departments utilize ProjectDox for building permit plan review. Information Technology Division supports Project Dox and Trakit database integration.

FISCAL AND SUSTAINABILITY IMPACT:

There is no fiscal impact to the General Fund. Funding is available and appropriated in Capital Improvement Program 5800.9093. The Permit Systems & Technology Upgrade is funded by the 5% technology fee collected as part of building permit fees.

ATTACHMENTS:

1. Resolution Authorizing Year Three ePlan Renewal and Services Agreements

2. 2021 Executed Avolve Service Agreement

3. Year Three Consultant Quote and Statement of Work (August 14, 2023)

4. SolarAPP+ Implementation Professional Services Agreement

5. Assurance Services Pricing Agreement

RESOLUTION NO. _____ (N.C.S.)

A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO

NEGOTIATE AND EXECUTE A YEAR THREE PROJECTDOX EPLAN RENEWAL

AND CORRESPONDING SERVICES AGREEMENTS WITH AVOLVE SOFTWARE, INC. FOR AN AMOUNT NOT TO EXCEED $138,000

WHEREAS, on June 22, 2021, the City of Salinas entered into a Services Agreement with Avolve Software Inc., the developer of OAS and ProjectDox software ( Resolution No. 22140 (N.C.S.)) to manage the development and implementation of electronic application and plan review software; and

WHEREAS, under State Assembly Bill 2234, a public agency must require permits to be applied for, completed, and stored through a process on its internet website no later than January 1, 2024.

WHEREAS, electronic plan review provides greater efficiency by streamlining processes and creating a digital one-stop review of building permit applications; and

WHEREAS, the 2021 Services Agreement included nine milestones for each phase of program development and launch, and year two, and year three renewal for services; and

WHEREAS, the costs associated with the Year Three Renewal and corresponding Service Agreements will be fully recouped with collected building permit fees from the Capital Improvement Program 9093, Permit Systems & Technology Upgrade; 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, the Salinas City Council authorizes the City Manager or designee to negotiate and execute a Year Three ProjectDox ePlan Renewal and corresponding Service Agreements with Avolve Software, Inc. for an amount not to exceed $ 138,000 through December 2024.

PASSED AND APPROVED this 14th day of November 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

______________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

06222021 Page 1 of 21

AVOLVE SOFTWARE CORPORATION
Software as a Services Agreement
This agreement ( “Agreement”) is made this June 22, 2021 (“Effective Date” ) by and between Avolve Software Corporation, a Delaware corporation with offices at 4835 E. Cactus Road, Suite 420, Scott sdale, Arizona 85254, United States of America, (“Avolve” or “Services Provider”) and City of Salinas (“Customer”).

WHEREAS Avolve offers remotely hosted subscription, software-as-a-service access (on hardware owned or operated on behalf of Avolve by a thi rd party hosting service provider such as Microsoft Corporation ) to Avolve’s software (collectively, such hosted electronic plan review and project information management, collaboration and review system, including all software applications, application pr ogram interfaces, modules, databas es, hardware, infrastructure, documentation and system administration, management and monitoring activities that Avolve provides for the software shall be referred to herein as the “Avolve SAAS Solution”); WHEREAS Avolve provides professional services (“Professional Services”) to assist customers with among other things, implementation of the Avolve SAAS Solution and training; WHEREAS the Customer desires to purchase use rights for the A volve SAAS Solution and related Profe ssional Services (the “Initial Purchase”) from Avolve and, pay for such purchases either directly or pursuant to an agreement between the Customer and a third party financing source reasonably acceptable to Avolve (the “ Financing Company”); and WHEREAS Avolve and Customer now desire to provide the terms and conditions under which Avolve will provide the Initial Purchase to Customer, as well provide the terms and conditions for the Customer to purchase other Professional Services from Avolve, with or without the assistance of Financing Company or another paying agent; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth herein, Avolve and Customer agree as follows.

SECTION A. – AVOLVE SAAS SOLUTION

1. Avolve SAAS Solution.
a. Use Rights. Subject to Customer ’s compliance with all the terms and conditions of this Agreement, Avolve grants to Customer a non -exclusive, non -transferable, non -sublicensable right during the subscription term (“Subscription Term ”) identified in the Implementation SOW (attached hereto a s Exhibit 2) to permit Users to use the Avolve SAAS Solution identified in the Implementation SOW for Customer’s internal business operations, solely for the specific Business Unit(s) as further set forth in the Implementation SOW . Should Customer desire to reorganize any such Business Unit, it shall provide Avolve written notice as soon as possible following the determination of reorganization, so that Avolve may review the planned reorganization to determine if it is consis tent with the Business Unit lim itation in this use rights grant and, if not, what additional fees will be required due to Customer’s reorganization to include additional Business Units. As used in this Agreement, “ User” means authorized Customer employees and third parties that require access to the Avolve SAAS Solution in connection with the Customer’s internal business operations, such as the Customer’s administrators, contract ors, reviewers, and applicants . There may be different types/levels of Users for the Avolve SAAS Solution, such as administrator Users, if so identified in the Implementation SOW. b. Storage. The Avolve SAAS Solution will include for the initial Subscription Term the amount of storage set forth in the Implementation SOW. Customer ac knowledges that should Customer exceed the included storage limits after Avolve has sent notice to Customer in accordance with Avolve's then - current standard storage limits and data backup practices (available upon request), additional charges will be incurred by Customer. Avolve shall invoice Customer for any such additional incurred charges, and Customer shall pay such invoices, in accordance with Section C of this Agreement. Avolve may, in DocuSign Envelope ID: A0521726-78BA-40A0-8561-A201AB3A4F49

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its sole discretion, modify the amount of standard storage incl uded at no additiona l charge with the Avolve SAAS Solution, with such modification to become effective upon the effective date of any renewal term provided that Avolve provides Customer written notice of such modification at least ninety days in advance of the expiration of the then-current Subscription Term. c. Restrictions on Use . Customer will not, and will ensure that its Users do not: (i) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, host or transmit in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, any part of Avolve SAAS Solution or any other Avolve materials; (ii) use the Avolve SAAS Solution or any other Avolve m aterials to provide services to third parties (e.g., business process outsourcing, service bureau applications or third party training); (ii) assign, sublicense, sell, lease, loan, resell, sublicense or otherwise distribute or transfer or convey the Avolve SAAS Solution or any other Avolve materials, or pledge as security or otherwise encumber Customer ’s rights under this Agreement; (iii) make any u se of or perform any acts with respect to the Avolve SAAS Solution or any other Avolve materials other than as expressly permitted in accordance with the terms of this Agreement; or (iv) use the Avolve SAAS Solution components other than those specifically identified in the Implementation SOW and then only as part of Avolve SAAS Solution as a whole, even if it is also technically possible for Customer to access other Avolve SAAS Solution components; or (v) modify, further develop or create any derivative works of, disassemble, decompile, reverse engineer or otherwise attempt to obtain or perceive the source code fr om which any part of Avolve SAAS Solution is compiled or interpreted, or access or use Avolve SAAS Solution in order to build a similar or competitive product or service; (vi) allow use of the Avolve SAAS Solution or any other Avolve materials by anyone other than authorized Users; (vii) publish any results of benchmark tests run on Avolve SAAS Solution ; (viii) unless otherwise expressly authorized in writing by Avolve, use the Avolve SAAS Solution in connection with any software product or tools, or any ot her software as a se rvice not provided by Avolve; and (ix) input, upload, transmit or otherwise provide to or through Avolve SAAS Solution or any systems used by Avolve anything that is unlawful, injurious, or contains, transmits or activates any harmful c ode. Customer acknowledges that nothing herein will be construed to grant Customer any right to obtain or use the source code from which Avolve SAAS Solution is delivered. Customer shall not tamper with or attempt to disable any security device or protection used by Avolve SAAS Solution or any other Avolve materials, nor shall Customer damage, destroy, disrupt or otherwise impede or harm in any manner the Avolve SAAS Solution or any systems used by Avolve. Customer agrees to take all commercially reasonable steps to ensure that Users abide by the terms of this Agreement and expressly agrees to indemnify Avolve, its officers, employees, agents and subcontractors from and against all claims, liabilities, losses, damages and costs (including reasonable attor ney fees) suffered b y Avolve arising from a breach by the User of the conditions of this Agreement.
d. High-Risk Activities. The Avolve SAAS Solution is not fault-tolerant and is not designed, manufactured, or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapons systems, in which the failure of the Avolve SAAS Solution or derived binaries could lead directly to death, personal injury, or severe physical or environmental damage . The Avolve SAAS Solution is also not designed or intended for use with Federal Tax Information (FTI) as defined in the Internal Revenue Service Publication 1075 (IRS 1075) or criminal justice information ("CJI"), such as fingerprint records and criminal histories. Customer shall not use the Avolve SAAS Solution for any of these h igh-risk activities, including without limitation transmitting, storing or otherwise processing any FTI or CJI with the Avolve SAAS Solution . e. Project Administrator . Customer agrees, if not already designed in the Implementation SOW , to promptly designate in writing one pers on to be the Customer ’s point person responsibl e for all communications with Avolve (the Customer ’s “Project Administrator”). The Project Administrator is responsible for project administration duties as documented in the Avolve systems guides, statements DocuSign Envelope ID: A0521726-78BA-40A0-8561-A201AB3A4F49

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of work, and documentation (collectively, the “ Documentation”), as provided for time to time by Avolve to Customer.
f. Customer Connection. During the Term, the Customer is responsible for obtaining and maintaining connection to the Avolve SAAS Solution , including the Internet connection . Avolve shall not be responsible for any inadequacy or lack of functionality of Customer’s connection to the Avolve SAAS Solution or the inability of the Customer ’s com puter, telecommunications provider, or other equipment and capabilities to access or use the Avolve SAAS Solution. g. Third Party Service Providers and Components . Notwithstanding anything to the contrary in this Agreement or any other documents between Avolve and Customer , Customer acknowledges and agrees as follows.

1. The Avolve SAAS Solution and its compone nt parts are protected by copyright and other propriety rights of Avolve and one or more third party software vendors (including Oracle and Open Text Corp oration (“OTC”) (all such third party vendors, including w ithout limitation Oracle and OTC , shall be r eferred to herein as “ third party vendors” or “third party software vendors ”). Customer may be held directly responsible by such third party vendors for acts relating to the Avolve SAAS Solution component parts that are not authorized by this Agreement. Customer’s use of such third party software is limited to only in conjunction with Avolve SAAS Solution and Customer acknowledges that it is not allowed to modify such third party software or use it independent from Avolve SAAS Solution . TO THE MAXIMUM EX TENT

PERMITTED BY LAW, THE CUSTOMER WAIVES, AND WILL CAUSE ITS USERS TO WAIVE,

ALL CLAIMS AND CAUSES OF ACTION AGAINST SUCH THIRD PARTY SOFTWARE VENDORS THAT ARISE UNDER THIS AGREEMENT.

2. If Customer purchases from Avolve hosting of the Avolve SAAS Solution on the Microsoft® Windows Azure TM platform, the terms and conditions for such cloud services as such may be updated by Microsoft Corporation from time to time, are found online on at https://www.microsoft.com/licensing/docs/customeragreement.

Customer should review the documents available on this website carefully to be sure that Customer reviews the appropriate customer agreement. If Customer has purchased Microsoft Cloud for US Go vernment, review the customer agreement for Microsoft Cloud for US Government. If Customer is purchasing commercial access, the customer agreement for commercial access for the United States applies. Upon Customer's request, Avolve will provide Customer wi th assistance on finding and/or a copy of the appropriate Micro soft customer agreement. Customer acknowledges and agrees THAT (A) THE HOSTED SERVICES WILL BE PERFORMED SOLELY AND

EXCLUSIVELY SUBJECT TO THE APPLICABLE MICROSOFT CORPORATION'S CUSTOMER AGREEMENT (the "Microsoft Customer Agreement) , (B) THAT AVOLVE DOES NOT

GUARANTY MICROSOFT CORPORATION'S OBLIGATIONS PURSUANT TO THE

MICROSOFT CUSTOMER AGREEMENT, AND (C) NOR CAN AVOLVE GRANT ANY

WARRANTIES OR ADDITIONAL TERMS TO THE CUSTOMER AS TO THE HOSTED SERVICES UNDER THIS AGREEMENT. THE HOSTED SERVICES ARE SOLELY GOVERNED BY THE MICROSOFT CUSTOMER AGREEMENT, TO WHICH AVOVLE IS NOT A PARTY .

Microsoft Corporation makes certain service level commitments to its customers, which are available online in the Microsoft Corporation's SLAs at https://azure.microsoft.com/en-us/support/legal/sla/summary/. If Customer desires to make a claim under the Microsoft Corporation SLAs, Customer shall submit the claim through Avolve. Avolve will escalate the claim to Microsoft Corporation for review. If Microsoft Corporation determines that a credit is due, Avolve will credit DocuSign Envelope ID: A0521726-78BA-40A0-8561-A201AB3A4F49

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Customer the amount Microsoft Corporation has paid to Avolve for the SLA credit promptly after receiving the credit from Microsoft Corporation. h. Compatibility Updates. Avolve will make commercially reasonable efforts to update the Avolve SAAS Solution, if and as required, to cause it to operate under new versions or releases of current operating systems and internet browsers, within fifteen (15) months of general availability. i. Passwords, Access . Customer may designate and add Users and shall provide a nd assign unique passwords and user names to each author ized User pursuant to Avolve ’s then-current protocols. At Avolve’s discretion, Users may be added either by Avolve or directly by Customer. Customer shall ensure that multiple Users do not share a password or user name. Customer further acknowledges and agrees that it is prohibited from sharing passwords and/or user names with unauthorized users.

Customer will be responsible for the confidentiality and use of its Users passwords and user names.

Avolve will act as though any electronic communications it receives under such passwords, user names, and/or account numbers have been sent by Customer. Customer agrees to immediately notify Avolve if it becomes aware of any loss or theft or unauthorized us e of any of passwords, user names, and/or account numbers. Customer agrees not to access Avolve Cloud by any means other than through the interfaces that are provided by Avolve.
j. Transmission Of Data . Customer understands that the technical processing and transmission of Customer Data is necessary to use of the Avolve SAAS Solution, and consent to Avolve ’s interception and storage of Customer Data. Customer understands that its Users or Avolve may be transmitting Customer Data over the Internet, and over various networks, only part of which may be owned by Avolve. Avolve is not responsible for any portions of Customer Data that are lost, altered, intercepted or stored without authorization during the transmission of Customer Data across networks not owned by Avolve.
k. Customer Responsibilities. Customer will (a) be responsible for Users’ compliance with this Agreement, (b) be responsible for the accuracy, quality and legality of Customer Data and the means by which it acquired Customer Data, (c) be responsible for cooperating and assisting Avolve as reasonably requested by Avolve to facil itate performance of its obligations and exercising of its rights under this Agreement, (d) use the Avolve SAAS Solution and any other materials provided by Avolve only in accordance with the Documentation and applicable laws a nd government regulations, in cluding complying with all applicable legal requirements regarding privacy and data protection so as to not violate the intellectual property, privacy or any other rights of any third parties, and (e) use commercially reasonable efforts to prevent any secu rity breach, including any unauthorized access to or use of the Avolve SAAS Solution. Should Customer become aware of any actual or threated security breach, Customer shall promptly notify Avolve and take all reasonable and lawful measures within its control that are necessary to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized access to the Avolve SAAS Solution). Customer shall provide sufficient notice to, and obtain sufficient consent from, its Users and any other party providing personal data to Avolve and its suppliers (including the Microsoft Corporation) to permit the processing of data by Avolve and its supplier, and their respective affiliates, subsidiaries, and service providers solely to the extent such processing of data is expressly allowed for under this Agreement , including for the purpose of disclosing it to law enforcement or other governmental authorities as directed by Avolve solely to the extent Avolve is required to do so by law, or otherwise mutually agreed to in writing by the parties. l. Data Backup. The Avolve SAAS Solution is programmed to perform data backups of Customer Data stored within the Avolve SAAS Solution in accordance with Avolve's then -current standard storage limits and data backup practices (available upon request) . Additional data backups may be purchased for an additional fee from Avolve and such additional data backup services shall be docu mented in an SOW pursuant to Section B of this Agreement . In the event of any loss, destruction, damage or DocuSign Envelope ID: A0521726-78BA-40A0-8561-A201AB3A4F49

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corruption of Customer Data caused by Avolve or the Avolve SAAS Solution, Avolve, as its sole obligation and liability and as Customer ’s sole remedy , will use commercially reaso nable efforts to restore Customer Data from Avolve’s most current backup of Customer Data. m. Ownership. Customer acknowledges and agrees that Avolve owns all right, title, and interest in and to all intellectual property rights (including all derivatives or improvements thereof) in the Avolve SAAS Solution and any suggestions, enhancements requests, feedback, recommendations or other information provided by Customer or any of its Users related to the Avolve SAAS Solution. Customer’s use rights to the Avolve SAAS Solution and the related materials supplied by Avolve pursuant to this Agreement are strictly limited to the right to use the proprietary rights in accordance with the terms of this Agreement. No right of ownership, expressed or implied, is granted under this Agreement.

2. Security. The security, privacy and data protection commitments set forth in this Agreement only apply to products and services provided by Avolve directly to Customer and do not include any products or s ervices resold by Avolve hereunder, including any hosting services provided by Microsoft Corporation pursuant to the Customer's Microsoft Customer Agreement.
a. Security Program . Avolve has implemented and maintains an information security program that incorporates administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of the Customer Data provided by Customer and its Users to Avolve in accordance with this Agreement.
b. Annual Audit. Avolve will use commercially reasonable efforts to conduct an annual security audit of Avolve using an independent third party selected by Avolve. Upon the Customer’s written request, a copy of the final report from any such audit shall be promptly provided the Customer. The Customer agrees that any such reports or other information provided to Customer concerning any audit shall be the Confidential Information of Avolve.
c. Security Breach. Avolve will notify Customer promptly and in no event later than one (1) business day following Avolve ’s discovery of a Data Security Breach ( defined below) and shall (i) undertake a reasonable investigation of the reasons for and the circumstances surrounding such Data Security Breach and (ii) reasonably cooperate with Customer in connection with such investigation, including by providing Customer with an initi al summary of the results of Avolve’ s investigation as soon as possible, but in all cases within two (2) business days after the date Avolve discovered or reasonably suspected a Data Security Breach, and then regular updates on the investigation as it progresses; (iii) not make any public announcements relating to such Data Security Breach without Customer ’s prior written approval, which shall not be unreasonably withheld; (iv) use commercially reasonable efforts to take all necessary and appropriate corrective action reasonably possible on Avolve ’s part designed to prevent a recurrence of such Data Security Breach; (v) collect and preserve evidence concerning the discovery, cause, vulnerability, remedial actions and impact related to such Data Security Breach, which shall meet reasonable expectations of forensic admissibility; and (vi) at Avolve’s cost and only if required by law when the Data Security Breach is due directly and solely due to Avolve’s breach of this Agreement, provide notice to individuals or entities whose Confidential Information was or may have been affected in a manner and format specified by Customer. In the event of any Data Security Breach is caused by Avolve, Customer shall have, in addition to all other rights and remedies available under this Agreement, la w and equity, the right to terminate the Agreement upon thirty (30) days prior written notice. For purposes of this Agreement, the term “Data Security Breach” shall mean any of the following occurring in connection with Customer Data in connection with Cu stomer’s and its Users ’ authorized use of the Avolve SAAS Solution: (a) the loss or misuse of Customer Data; and (b) disclosure to, or acquisition, access or use by, any person not authorized to receive Customer Data, other than in circumstances in which the disclosure, acquisition, access or use is made in good faith and within the course and scope of the employment with Avolve or other professional relati onship with Avolve and does not result in any further unauthorized disclosure, acquisition, access or use of Customer Data.

DocuSign Envelope ID: A0521726-78BA-40A0-8561-A201AB3A4F49

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d. Signatures. The parties shall use electronic signatures for all agreements unless otherwise prohibited by law. Prior to any public disclosure of any document containing a signature, the signature shall be redacted by the disclosing party in a manner which renders it illegible and unable to be copied.

3. Suspension Right. Avolve reserves the right to include disabling devices in the ser vice and software provided under this Agreement and to use such disabling devices to suspend access and/or use when any payment is overdue or when Avolve believes that Users are us ing the Avolve SAAS Solution and/or any other materials or services provided by Avolve hereunder not in accordance with the Documentation, this Agreement and/or applicable laws and government regulations. In addition, if Customer is using Microsoft Corporation for hosting services, Microsoft Corporation may terminate or suspend C ustomer's hosting services in accordance with the Customer's Microsoft Customer Agreement and, should this happen, Customer will not be able to access the Avolve SAAS Solution. Customer agrees that Avolve shall not be liable to Customer , Users or to any third party for any suspension or inability to access the Avolve SAAS Solution pursuant to this Section A(3). If suspended for failure to pay, upon payment in full of all amounts o verdue (including any interest owed), Customer may request the reactivation of its account. Avolve shall reactivate promptly after receiving in advance all applicable reactivation fees, provided that Avolve has not already terminated this Agreement.

4. Ownership and Disposition of Customer Owned Data, Hosting Location . “Customer Data” refers to the data provided by the Customer that resides in the Customer’s Avolve SAAS Solution environment, including any plan review, project drawings and associated project documents. Customer shall own all Customer Data that may reside within Cont ractor’s hosting environment, to include Disaster recovery site, equipment and media.

Contractor is granted no rights hereunder to use the Customer Data except to the extent necessary to fulfill its obligations to Customer under this Agreement. Unless approved in writing by Customer , Avolve shall host the Avolve SAAS Solution provided to Customer hereunder from a data center lo cated within the United States.

Upon termination or expiration of Customer’s right to use the Avolve SAAS Solution for any reason other than Customer’s uncured material breach, for the first thirty (30) calendar days following termination or expiration, Customer may request in writing that Avolve provide an copy of Customer's then -current Customer Data and, for no additional cost, A volve shall provide a copy in a mutually agreed upon format on media supplied by the Customer. If the parties are unable to mutually agree upon the format or the media supplied by Customer is not acceptable to Avolve, Avolve will use commercially reasonable efforts to still provide a copy of the Customer Data but Avolve may charge a reasonable professional services fee for increased costs incurred. After this time period has expired, Avolve has no further obligation to retain the Customer Data and shall use commercially reasonable efforts to promptly delete all Customer Data from the Avolve SAAS Solution.

5. Verification. Avolve shall be permitted to audit (at least once annually and in accordance with Avolve standard procedures, which may include on- site and/or remote audit) the usage of the Avolve SAAS Solution and any other materials provided by Avolve to Customer . Customer shall cooperate reasonably in the conduct of such audits. In the event an audit reveals that (i) Customer underpaid fees to Avolve a nd/or (ii) that Customer has used in excess of the use rights granted herein, Customer shall pay such underpaid fe es for such excess usage.

Reasonable costs of Avolve’s audit shall be paid by Customer if the audit results indicate usage in excess of the authorized quantities or levels . Avolve reserves all rights at law and equity with respect to both Customer ’s underpayment of fees and usage in excess of the authorized quantities or levels.

SECTION B. – PROFESSIONAL SERVICES AND SOWS

1. Statements of Work . From time-to-time during the Term of this Agreement, the parties may enter into statements-of-work (each being an “SOW”) for Avolve SAAS Solution use rights (including additional storage) and/or Professional Services on terms mutually agreed in writing between the pa rties in the SOW, including, without limitation, scope of services, expected deliverables, milestone dates, acceptance procedures and criteria, fees and other such matters. No SOW sh all be binding until executed by both parties. Each SOW will be incorpor ated into and subject to this Agreement . In the case of any conflict between the SOW and this Agreement, this Agreement shall control unless the SOW specifically states otherwise.

DocuSign Envelope ID: A0521726-78BA-40A0-8561-A201AB3A4F49

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SECTION C. – GENERAL TERMS AND CONDITIONS

1. Fees.
a. Implementation SOW and Additional Storage Fees. The Implementation SOW includes the Avolve SAAS Solution subscription fees, as well as the training and implementation professional services; which, unless set forth otherwise in the Implementation SOW , shall be invoiced by Avolve in full, in ad vance on the Effective Date. Additional storage fees shall be as set forth in the then-current standard storage limits and data backup practices document, a copy of which is availabl e from Avolve upon request.

Additional storage fees will be invoiced in accordance with the then -current standard storage limits and data backup practices document.
b. Other SOWs. Any SOWs that Avolve and the Customer may execute from time to time during the Term of this Agreement shall include within them the applicable fees, including whether the Avolve SAAS Solution subscription fees and/or Professional Services fees are being paid by Customer through Financing Company, by Customer through another paying agent, or by Customer directly to Avolve.

Unless otherwise specified i n the SOW, Professional Services fees will be invoiced as the Professional Services are delivered and Avolve SAAS Solution subscription fees will be invoiced yearly, in advance, in full at the time the SOW is executed.
c. General Terms. Unless set forth otherwise in an SOW, payment on all invoiced amounts shall be due thirty (30) days from receipt of invoice, with past due amounts accruing interest at the rate of the lesser of either 18% per annum or the maximum amount as allowed by law.

Avolve will invoice for the Avolve SAAS Solution subscription fees yearly, in advance, with the first invoice being issued on the Effective Date of this Agreement. T he Customer agrees to pay all invoiced subscription fees net thirty (30) days from receipt of invoice, with pa st due amounts accruing interest at the rate of the lesser of either 18% per annum or the maximum amount as allowed by law. All fees are due in advance, irrevocable and non-refundable (except as expressly set forth otherwise in this Agreement). Customer agrees to provide Avolve with complete and accurate billing and contact information.

2. Taxes. Fees and other charges described in this Agreement d o not include federal, state or local sales, foreign withholding, use, property, excise, service, or similar transaction taxes (“Tax(es)”) now or hereafter levied, all of which shall be for Customer’s account. Any applicable direct pay permits or valid ta x-exempt certificates must be provided to Avolve prior to the execution of this Agreement . If Avolve is requir ed to pay Taxes, Customer shall reimburse Avolve for such amounts.

3. Term. Except if terminated earlier in accordance with this Section C(3), this Agreement shall commence on the Effective Date and shall continue for the longer of either (a) the expiration of the Subs cription Term for the Avolve SAAS Solution or (b) the completion of all Professional S ervices under all SOWs. Except as otherwise provided in an y SOW , UPON THE EXPIRATION OF THE INITIAL TERM, THE SUBSCRIPTION TERM SHALL AUTOMATICALLY RENEW FOR SUCCESSIVE RENEWAL TERMS EACH EQUAL TO TWELVE (12) MONTHS, AT AVOLVE’S THEN CURRENT FEES FOR CUSTOMER ’S THEN CURRENT USAGE , UNLESS EITHER PARTY PROVIDES NOTICE OF NON-RENEWAL AS SET FORTH IN THIS SECTION C(3). Avolve will provide notice of non-renewal or a notice of the fees due for each Renewal Term at least sixty (60) days prior to the commencement of the Renewal Term. If a notice of fees is provided, it will be in the form of an invoice. Customer acknowledges that it is its responsibility to provide a current email address to Avolve and to monitor such address for such notices.

Customer may elect not to renew a Subscription Term by providing notice to Avolve at least thirty (30) days prior to the commencement of the Renewal Term.

4. Termination. In addi tion to any termination rights that may be set forth in a specific SOW, either party may terminate this Agreement immediately upon written notice in the event that the other party materially breaches this Agreement and thereafter has failed to cure such ma terial breach (or commenced diligent efforts to cure DocuSign Envelope ID: A0521726-78BA-40A0-8561-A201AB3A4F49

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such breach that are reasonably acceptable to the terminating party) within thirty (30) days after receiving written notice thereof. Without prejudice to either party's rights to terminate set forth in the prior sentence, if Customer has purchased from Avolve hosting of the Avolve SAAS Solution on the Microsoft® Windows Azure TM platform, and Microsoft Corporation terminates the Customer's Microsoft Customer Agreement during a Subscription Term, Avolve and Customer shall act in good faith to determine a mutually acceptable replacement provider promptly upon receiving notice of Microsoft C orporation's intent to terminate the Customer's Microsoft Customer Agreement.

5. Force Majeure. Any delay or nonperformance of any provision of this Agreement (other than for the payment of amounts due hereunder) caused by conditions beyond the reasonable control of the performing party shall not constitute a breach of this Agreement, and the time for performance of such pr ovision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance.

6. Confidentiality. Each party shall use commercially reasonable efforts to hold confidential information (“Confidential Information”) of the other in confidence. All Confidential Information (including but not limited to data) shall (i) remain the sole property of th e disclosing party and (ii) be used by the receiving party only as authorized herein. Information will not be considered to be Confidential Information if (i) available to the public other than by a breach of this agreement; (ii) rightfully received from a third party not in breach of any obligation of confidentiality, (iii) independently developed by or for a party without access to Confidential I nformation of the other; (iv) lawfully known to the receiving party at the time of disclosure, ( v) produced in compliance with applicable law, securities reporting requirement or a government or court order, provided the other par ty is given notice and an opportunity to intervene; or (vi) it does not constitute a trade secret and more than three (3) years have elapsed from the date of disclosure. If Avolve receives a request for Customer Data (either directly or as redirected to Avolve by the Microsoft Corporation), then Avolve shall redirect the law enforcement agency to request that data directly f rom Customer. If compelled to disclose Customer Data to law enforcement, then Avolve shall promptly notify Customer and provide a copy of the demand, unless legally prohibited from doing so. To the extent required by law, Customer shall notify individual Users that their data may be processed for the purpose of disclosing it to law enforcement of other governmental authorities as directed by Avolve, and shall obtain the User's consent to the same.

7. Indemnification; Limitation of Liability.
a. Indemnification. If a third party makes a claim against the Customer that any Customer ’s use of the Avolve SAAS Solution in accordance with the ter ms of this Agreement infringes such third party ’s intellectual property rights, Avolve, at its sole cost and expense, will defend Customer against the claim and indemnify Customer from the damages, losses, liabilities, costs and expenses awarded by the court to the third party claiming infringement or the settlement agreed to by Avolve, provided that Customer:
(i) notifies Avolve promptly in writing of the claim; (ii) gives Avolve sole control of the defense and any settlement negotiations; and (iii) Avolve shall be solely responsible for the defense of such claim but Avolve’s obligation to defend shall be contingent upon Customer providing all reasonable requested assistance in such defense . If Avolve believes or it is determined that the Avolve SAAS Solut ion has violated a third party’s intellectual property rights, Avolve may choose to either modify the Avolve SAAS Solution to be non-infringing or obtain a license to allow for continued use, or if these alternatives are not commercially reasonable, Avolve may terminate Customer ’s use rights and refund any unused, prepaid fees Customer may have paid to Avolve. Avolve will not indemnify the Customer to the extent that the alleged infringement arises from (1) the combination, operation, or use of the Avolve SAAS Solution with products, services, information, materials, technolo gies, business methods or processes not furnished by Avolve; (2) modifications to the Avolve SAAS Solution, which modifications are not made by Avolve; (3) failure to use updates to the Avolve SAAS Solution provided by Avolve; or (4) use of Avolve SAAS Solution except in accor dance with any applicable D ocumentation or specifications.

This section provides THE SOLE, EXCLUSIVE, AND ENTIRE LIABILITY OF AVOLVE AND ITS LICENSORS TO DocuSign Envelope ID: A0521726-78BA-40A0-8561-A201AB3A4F49

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CUSTOMER, AND IS CUSTOMER ’s SOLE REMEDY, WITH RESPECT TO THE INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS.

Limitation of Liability. In no event will Avolve be liable for special, indirect, incidental, consequential, or exemplary damages, inclu ding, without limitation, any damages resulting from loss of use, loss of data, interruption of business activities, or failure to realize savings arising out of or in connection with this agreement, including without limitation use of the Avolve SAAS Solu tion and the provision of the Professional Services. Except for direct damages and expenses associ ated with Avolve’s obligation to indemnify Customer pursuant to Section C (7) (a), Avolve’s aggregate, cumulative liability for damages and expenses arising out of this Agreement, whether based on a theory of contract or tort, including negligence and strict liability, will be limited to two times the amount of fees received by Avolve under this Agreement (which fees may have been received by Avolve from Finan cing Company or directly from Customer). Such fees reflect and are set in reliance upon this limit ation of liability. The limited remedies set forth in this Agreement shall apply notwithstanding the failure of their essential purpose. b. Insurance. Avolve shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit 2 hereto.

8. Support; Warranties.
a. Support. During the Customer’s Subscription Term, at no additional cost to the Customer, Avolve shall provide the Avolve SAAS Solution in accordance with Avolve ’s Service Level Agreement (attached hereto as Exhibit 1).
b. Warranties. Customer warrants and covenants that it owns or otherwise has and will have the necessary rights and consents in and relating to the Customer Data so that, as received by Avolve and processed in accordance with this Agreement, they do not and will not infringe, misappropriate or otherwise violate any intellectual property rights, or any privacy or other rights of a ny third party or violate any applicable laws or and government regulations, including but not limited to all foreign, United States federal and United States state recording laws. If Customer is purchasing from Avolve resold rights to Microsoft Cloud for US Government, Cus tomer further warrants that it is one of the following: (i) a bureau, office, agency, department or other entity of the United States Government; (ii) any agency of a state or local government in the United States; (iii) any United Stat es county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer's state and located within Customer's state jurisdiction and geographi c boundaries; or (i v) a federally -recognized tribal entity performing tribal governmental functions and eligible for funding and services from the US Department of Interior by virtue of its status as an Indian tribe. c. Disclaimer. Avolve AND ITS SUPPLIERS A ND LICENSORS DISCLA IM ALL OTHER WARRANTIES

STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON -INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY IS GIVEN AS TO ACCURACY, ERROR- FREE OR UNINTERRUPTED SERVICE . CUSTOMER

ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICES, ANY AVOLVE MATERIALS,

THE AVOLVE SAAS SOLUTION OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR ITS PURPOSES . EACH PARTY DISCLAIMS ALL LIABILITY AND INDEM NIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD -PARTY HOSTING PROVIDERS.

Avolve makes no warranties or conditions as to any services or products distributed under a third-party name, copyright, trademark or trade name that may be offered with or incorporated with the Avolve SAAS Solution or Professional Services provided by Avolve hereunder (such as the Microsoft hosting services). To the maximum extent permitted by law, Avolve will have no liability in connection wit h the third-party services or products.

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06222021 Page 10 of 21

9. Notices: Any notices being given by this Agreement shall be in writing and shall be effective if delivered personally, sent by prepaid courier service, sent by prepaid mail, or sent by facsimile or electronic communication (confirmed on the same or following day by prepaid mail) . All correspondence shall be addressed to the parties as follows:

If to Avolve: If to Customer:

Mr. Jay Mayne
CFO
Avolve Software Corporation
4835 E. Cactus Rd., Suite 420
Scottsdale, AZ 85254
Megan Hunter
Community Development Director
City of Salinas
65 W. Alisal Street
Salinas, CA 93901

With a copy to:

City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, CA 93901

10. Governing Law. This Agreement will be governed by and construed in accordance with the laws of Customer ’s state of domicile.

11. Entire Agreement . This Agreement, together with any SOWs, constitutes the entire agreement and understanding between the parties and supersedes any prior agreements, representation, or understandings, whether oral or written, relating to the services provided hereunder.

12. Severability. Should any court of competent jurisdiction declare any term of this Agreement void or unenforceable, such declaration shall have no effect on the remaining terms hereof.

13. Assignment. These services and any other information or rights provided by Avolve, may not be sold, leased, assigned, sublicensed or otherwise transferred in whole or in part. Customer may not assign this Agreement or the benefits there from in whole or in part without the prior written consent of Avolve, which consent shall not be unreasonably withheld. Any assignment made in conflict with this provision shall be voidable at the option of Avolve.

14. Independent Contractor . Avolve is an independent contractor and not an employee of the Customer . Any personnel performing services under this Agreement on behalf of Avolve shall at all times be under Avolve’ s exclusive direction and control . Avolve shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law . Avolve shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, and worker’s compensation insurance.

15. Amendment. This Agreement may only be modified by written amendment signed by authorized representatives of both parties.

16. Hierarchy. The following order of precedence shall be applied in the event of conflict or inconsistency between provisions of the components of this Agreement: (i) this Agreement and (ii) the applicable Avolve Support SLA or SOW. Notwithstanding the foregoing, if any part of the Avolve Support SLA or SOW expressly sta tes that it shall control over the Agreement, it shall so control.

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06222021 Page 11 of 21
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth below.

Avolve Software Corporation CITY OF SALINAS
By: By:

Name: Name: Kimbley Craig
Title: Title: Mayor
Date: Date:

DocuSign Envelope ID: A0521726-78BA-40A0-8561-A201AB3A4F49 6/29/2021 | 12:51 PM PDT
CFO
Jay Mayne
6/29/2021 | 5:46 PM PDT

EXHIBIT 1 – SERVICES SERVICE LEVEL AGREEMENT (SLA)

SUPPORT PROCESS AND SERVICE LEVEL AGREEMENT
Avolve’s current support process and service level commitments (“Support”) are defined below.

Support Portal. Avolve provides Support through its Support Portal ( https://support.avolvesoftware.com). A ll issues can be logged using the portal or through an on -call support number . Customer personnel receive Support Portal login credentials promptly following purchase of rights to use the Avol ve SAAS Solution . After a login is received, the Customer may enter, track, update, and report on trouble ticket , as well as communicate with Avolve helpdesk staff via phone, email, web meet ing, and/or ticket notes. Help, FAQs, Documentation, and a Knowledge - base are also available at the Avolve support portal.

Support Hours. 8 AM – 5 PM MST.

Planned Downtime. Avolve or its third -party agent may render the Avolve SAAS Solution unavailable in order to perform upgrades, updated, patches, enhancements and routine maintenance activities, so long as the Avolve SAAS Solution is only unavailable to Customer and its Customer Users outside of the hours of 8 AM through 5 PM Mountain Standard Time on business days during the Subscription Term. Avolve shall provide no less than five (5) days advance notice to Customer of any planned downtime. Customer acknowledges that in the case of emergencies, Avolve or its third-party agents may render the Avolve SAAS Solution unavailable in order to address the emergency. In such situations, if reasonably feasible, Avolve will provide notice to Customer in advance of rending the Avolve SAAS Solution unavailable or, if not reasonably feasible, notice to Customer promptly following the rendering of the Avolve SAAS Solution unavailable. Customer understands and agrees that Avolve shall not be liable for any such interruption in access to the Avolve SAAS Solution for downtime occurring pursuant to this paragraph (collectively, referred to herein as “Planned Downtime”).

On-Site Emergency Support. Customer may request on-site emergency operational support services as a separat e and distinct billable service. In such cases and at its discretion, Avolve wil l dispatch appropriate technical staff to deliver on-site technical services.

Problem Determination and Resolution. Avolve resources are allocated to resolve reported problems based on the severity level as described in the following table. Avolve use s commercially reasonable efforts to provide a prompt acknowledgement, acceptable resolu tion, workaround, or a plan for the provision of a resolution or acceptable workaround in the timeframe set forth below:

Severity
Level Definition Response Time Resolution Commitment
System
Down
An error that causes a
catastrophic failure
substantially impacting
Customer’s business.
1 Hour
The Level 1 Support Engineer will try to
resolve the issue within 15 – 30 minutes. If it
requires further investigation and longer
resolution time, it is escalated to the Level 2
or 3 Support Engineer during business or non-
business hours. Status updates will be
provided periodically, but no less than 4 hour
intervals, on System Down tickets 24x7 until
resolution.

Infrastructure issues are often resolved
quickly by service or system restart. Any
potential system alerts will be promptly
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Severity
Level Definition Response Time Resolution Commitment
addressed in an effort to avoid issues from
occurring.

High
An error that causes Avolve
product to fail without
significant business impact.

Causes a substantial
reduction in performance.
24 Hours
The Level 1 Support Engineer will try to
resolve the issue within 15 – 30 minutes. If it
requires further investigation and longer
resolution time, it is escalated to the Level 2
or 3 Support Engineer during business hours*.

Status updates will be provided periodically
on High Priority tickets during business
hours* until resolution. If a work-around is
provided, the original High Priority ticket will
be closed and a new ticket will be created to
track the progress for a permanent solution
to the issue.

Infrastructure issues are often resolved
quickly by service or system restart. Any
potential system alerts will be promptly
addressed in an effort to avoid issues from
occurring.

Medium
An error that causes only
minor impact on use of the
product.
72 Hours
Avolve and Customer will commit resources
during normal business hours* for problem
resolution.

Low
A service request for a new
feature, additional
documentation, or an
explanation of product
functionality.
5 Days
Avolve and Customer will commit resources
during normal business hours* for problem
resolution. Enhancement requests will be
logged and sent to Avolve Development for
review and possible incorporation into Avolve
products.
*Normal Business Hours: 8:00 a.m. through 5:00 p.m., Monday through Friday (excluding standard holidays), Mountain Standard Time.
• Response Time. Once a problem has been reported, the Customer receives an acknowledgement by email, phone or the through the support portal . Avolve will begin the process of problem determination and resolution at this point. The time the ticket is submitted and the response time will be logged to ensure SLA is met.
• Status Upd ates. During the problem determination and resolution process, Customer m ay receive regular communications, via email, phone or the support portal, as to the status of the problem determination and resolution. All communications should be logged in Avolv e’s support system including date, time, and contact name. This helps Avolve and the customer determine the status and duration of the issue reported.
• Resolution. In response to the problem reported, Customer will receive, as appropriate, one of the following resolutions: an existing correction, a new correction, a viable work around, or a plan on how the problem will be addressed.

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• Severity Re -classification. If Customer determines that the severity of a previously reported issue should be re-classified or escalated, it should contact Avolve Support with request.

Unsupported Issues. Avolve does not cover under Support, and the SLA does not include, the following conditions (collectively, the “Unsupported Issues”).
• Any Avolve SAAS Solution use not covered by an active support contract and/or not in compliance with a valid agreement with Avolve. Authorized users of the Avolve SAAS Solution are entitled to Support as part of their use fee.
• Any Avolve SAAS Solution that is altered or modified other than as approved in writing by Avolve. • Software installed on any computer hardware/software configurations not supported by Avolve. • Problems caused by misuse or misapplication of the Avolve SAAS Solution , including any anomalies and/or failures in test or production operating environments that impact the Avolve SAAS Solution and are deter mined to have their cause due to unwarranted Customer decisions, actions, system configuration/ modification, policies and/or procedures. • Problems caused by Customer’s custom application code authorized to be developed using Avolve APIs as set forth in the documentation accompanying such API and the Customer’s Agreement. • Problems caused by updates or upgrades of 3rd party applications that are integrated with Avolve products and/or services.
• Services required to implement any updates, upgrades or releases o n Customer’s network, as well as all other operational support issues, are not included with Avolve Support. Such additional services may be purchased for an additional fee.
• All Training programs, regardless of software version updates and/or upgrades. • Operational Support including but not limited to: (a) W indows configuration issues; (b) SQL Database maintenance and or tuning; (c) VMWare tuning or configuration; (d) Firewall configuration; (e) Network performance; (f) End-User browser support; (g) User-modified and new workflows or eForms. • Any other reasons set forth in the Customer’s Agreement, including without limitation any down-time due to Microsoft Corporation.

Avolve, in its sole discretion, shall determine whether any of the foregoing exclusions ar e applicable to Customer .

Any services provided for exclusions shall be paid by Customer at Avolve’s then-current rates, as well as all travel and other expenses incurred by Avolve in providing such services.

Customer’s Obligations for Operational Support. To facilitate clear and consistent communication and timely issue resolution, Customer shall designate up to two contact persons for technical support processes. These individuals are responsible for initiating support requests, communicating with Avol ve technical support personnel, and monitoring the support process with Avolve. Timely Customer response to Avolve requests for information during issue resolution is a necessary pre -requisite to Avolve ’s providing Support . Avolve also requires remote ac cess to the Customer system for the purpose of proble m determination and analysis . Where reasonably necessary to provide Support, Customer shall provide Avolve’s technical support personnel reasonable, remote access capabilities into Customer’s systems. Upon Avolve’s request, Customer will also provide reasonable supporting data to aid in the identification and resolution of the issue.

DocuSign Envelope ID: A0521726-78BA-40A0-8561-A201AB3A4F49

Service Level Commitment
Per Avolve's SaaS agreement, Avolve will use commercially reasonable efforts to make the Avolve SAAS Solution available. The Annual Uptime Percentage has 2 components: The infrastructure uptime, which is dependent on Microsoft's SLA; Avolve software, which is 99%, excluding Planned Downtime. In the event that Avolve does not meet this uptime commit ment, Customer will be eligible to receive a service credit for 1% of the monthly fee for each one (1) hour of downtime during Customer’s normal business hours, up to 50% of Customer’s Pro -Rated Monthly Subscription Fee.

Definitions
• “Annual Uptime Percenta ge” is calculated by subtracting from 100% the percentage of 10 -minute periods during a calendar month in which the Avolve SAAS Solutions was Unavailable to Customer. • “Availability” means the ability to log into the Avolve SAAS Solution. • “Claim” means a claim for a service credit Customer submits by opening a support case with Avolve, on the basis that the hosted Avolve SaaS Product infrastructure has been Unavailable to Customer during a service month.
• “Pro-Rated Monthly Subscription Fee ” is calculated by dividing the Customer ’s applicable annual Avolve SAAS Solution subscription fee by twelve.
• “Unavailability” means the inability to log into the Avolve SAAS Solution.

Service Credit Requests
To receive a service credit, Customer must notify Avolve and submit a Claim within thirty (30) days from the incident that would be the basis for the claim . To be eligible, the Claim must include (a) the dates, times, description and duration of each incident experienced; and (b) the Customer’ s event logs or any other s ystem telemetry that document the errors and corroborate the claimed Unavailability (any confidential or sensitive information should be removed). Failure to provide a timely Claim, which includes all the required information, will disqualify the Claim and Customer from receiving a service credit . If Avolve validates the Claim, then Avolve will promptly issue the service credit.

Service Credit Provisions
Service credits are Customer ’s sole and exclusive remedy for any failure of Avolve to provide the Avolve SAAS Solution in accordance with the terms of the Agreement. Service credits shall be a credit toward future services only and do not entitle Customer to any refund or other payment from Avolve. Service credits may not be transferred, applied to another account, exchanged for, or converted to monetary amounts.

The maximum service credits awarded with respect to Claims the Customer submits in any calendar month shall not, under any circumstance, exceed in the aggregate 50% o f the Customer ’s Pro-Rated Monthly Subscription Fee for such month. Avolve will use all information reasonably available to it to validate Claims and make a good faith judgment on whether a service credit should be applied to the Claim.

SLA Exclusions
This SLA does not apply to any Availability or Unavailability of the Avolve SAAS Solution:
• During Planned Downtime;
• Caused by Unsupported Issues;
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• Caused by factors outside of Avolve ’s control, including any force majeure event or interruption or impediment to Internet access or related problems;
• That result from Customer ’s equipment, software or other technology and/or third party equipment, software or other technology, including any third party hosting providers; • That resulted from Planne d Maintenance or ass ociated to beta, evaluation, non -production systems, and trial services accounts;
• That result from any actions or inactions from Customer or any third party, including employees, Users, agents, contractors, or vendors, or anyone gaining access to the hosted Avolve SaaS Product infrastructure by means of Customer’s (and its Users’) passwords or equipment; • Arising from Avolve’s suspension and termination of Customer’s right to use the hosted infrastructure in accordance with the Agreement; and
• That resul t from Avolve application software implementation errors caused by configuration, customization, installation, or human errors.
• Avolve, in its sole discretion, shall determine whether any of the foregoing exclusions are applicable to Customer. Avolve may, but is not obligated to, issue a Service Credit in Avolve’s sole discretion where Customer’s use of the Avolve SAAS Solution may be Unavailable due to factors other than expressly provided here in this SLA.

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EXHIBIT A: CHANGE REQUEST FORM

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EXHIBIT B: ORDER FORM
To be provided separately

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Exhibit 2- Insurance Requirements

Insurance Requirements
Avolve shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the per formance of the work hereunder and the results of that work by the Avolve , his agents, representatives, employees , or subcontractors.

With respect to General Liability and Professional Liability, coverage should be maintained for a minimum of five (5) years after Agreement completion.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
(A) Commercial General Liability (“CGL”): Insurance Services Office Form (“ISO”) CG 00 01 covering CGL on an occurrence basis, including products and co mpleted operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/locati on (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (B) Automobile Liability: ISO Form CA 0001 covering any auto, or if Avolve has no owned autos, hired and non- owned, with limits no less than $1,000,000 per accident for bodily injury and property damage. (C) Workers’ Compensation insurance as required by the State of California, with S tatutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
(D) Professional Liability (also known as Errors and Om issions) insurance appropriate to the work being performed, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate per policy period of one year.

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

OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Avolve including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Avolve ’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).

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

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Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City or, if the policy does not include such a notification requirement, Avolve shall promptly notify City upon Avolve becoming aware of the policy being terminated.

Waiver of Subrogation
Avolve hereby grants to City a waiver of any right to subrogation which any insurer of said Avolve may acquire against the City by virtue of the payment of any loss under such insurance. Avolve agrees to obtain any endorsement th at may be necessary to affect this waiver of subrogation, but this provision applies regardless o f whether or not the City has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by Avolve, its employees, agents, and subcontractors.

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

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

Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of th is Agreement or the beginning of Agreement work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work.

3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Dat e prior to the Agreement effective date, Avolve must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.

4. A copy of the claims reporting requirements must be submitted to the City for review.

Verification of Coverage
Avolve shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Avolve’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
Avolve shall require and verify that all sub-consultants and/or subcontractors maintain insurance meeting all the requirements stated herein, and Avolve shall ensure that Entity is an additional insured on insurance required from such sub-consultants and/or subcontractors.

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Maintenance of Insurance
Maintenance of insurance by Avolve as specified shall in no way be interpreted as relieving Avolve of its indemnification obligations or any responsibility whatsoever and Avolve may carry, at its own expense, such additional insurance as it deems necessary.

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07102019 Page 1 of 17

City of Salinas, CA
ProjectDox® ePlan Solution Proposal

May 25, 2021

Prepared by your Avolve Software Representative
Bruce Crawford
Director NorCal Northwest Sales
4835 East Cactus Road
Suite 420
Scottsdale, AZ 85254
www.avolvesoftware.com
Telephone: 415-272-9435
Email: [email protected]
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07102019 Page 2 of 17

May 25, 2021

City of Salinas, CA
65 West Alisal Street
Salinas, CA 93901
ATT: Angeline Sickler

We are pleased to propose Avolve ProjectDox, the industry’s leading Electronic Plan Review software. We started with a single mission in mind — automate the manual, paper-intensive, and frequently inefficient building plan review process.

Today, over 150 of North America’s city, county, and state governments use ProjectDox to transform their plan review processes. Avolve is the largest, independent software vendor dedicated exclusively to electronic plan review. We appreciate the opportunity to share our expertise related to the business and technology challenges expressed and reviewed in our discussions to date.

The proposed SaaS solution, deployed in Microsoft Azure, includes 2 environments (Production/Test) and Unlimited Avolve Best In Class Workflows (Building, Planning & Zoning, Land Development, Capital Improvement Projects, Public Works Projects, Parks & Planning and Public Safety Planning). Avolve assumes all responsibility for application management and any integrations (TRAKiT).

Providing the most trusted and proven electronic plan review solution in the marketplace, we feel strongly Avolve is the best partner for your important initiative.

Regards,

Bruce Crawford
Director NorCal Northwest Sales

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Quote Delivered To
Angeline Sickler Senior Plan Check Engineer City of Salinas, CA 65 West Alisal Street [email protected] (831) 758-7366 Salinas, CA
93901 Date of Quote: 5/25/2021 Quote Valid Until: 6/30/2021

ProjectDox and OAS ePlan Solution Pricing Agreement
SAAS

Product Name Product
Code Description Qty Unit Price Total Price
Production
Environment Light-
Level Capacity
OAS & ProjectDox
SaaS License
SAAS-P.L
Software as a Service (SaaS) for OAS &
ProjectDox on a Production Environment.

Designed for organizations who have
approximately 50 concurrent users and 3,000
permits per year.

Software included for SaaS Production:
• ProjectDox Software Subscription
• Unlimited Workflow license
• OAS Software Subscription
• Includes unlimited Application Forms
license
• Includes SSA for six base forms
preconfigured

Services included for SaaS Production:
• Set up and installation of OAS & ProjectDox
• Managed services
• Annual OAS & ProjectDox upgrades

Production Environment Safeguard: Avolve
security policy limits access to the Production
environment. External users including the
customer’s IT will not be allowed direct
access to the Production servers and
database. Any development or testing can be
performed on the Test environment.

12.00 $7,000.00 $84,000.00
Test Environment
Light-Level
Capacity OAS &
ProjectDox SaaS
License
SAAS-T.L
Software as a Service (SaaS) for ProjectDox
on a Test Environment. Designed for
organizations who plan to use the system for
development and/or testing with
approximately 5 concurrent users and
approximately 500 permits per year.

Software included for Production:
• ProjectDox Software Subscription
• Unlimited Workflow license

Services included for SaaS Production:
• Set up and installation of ProjectDox
• Managed services
• Annual ProjectDox upgrades

12.00 $980.00 $11,760.00
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Test Environment Safeguard: Avolve security
policy limits access to the Test environment.

External users including the customer’s IT can
be provided limited VPN access to the Test
servers and database such as creation and
testing of custom reports. VPN access will be
made available upon request at additional
cost.

TES-Video License
Subscription TES-VLS TES-Video License Subscription (annual cost) 1.00 $5,400.00 $5,400.00 Discount based on finalizing the agreement by 6/30/21 -$8,940.00 SaaS Sub-Total: $92,220.00

TRAINING

Product Name Product
Code Description Qty Unit Price Total Price
ProjectDox Bundled
Training Services
PKG-
PDOX.TRN
Package Includes:
2 Introduction to ProjectDox
1 Workflow and Markup Training for
Reviewers
1 Workflow and Project Administration for
Coordinators
1 System Administration Training
1 Community Training

Package is limited to 12 Unique Users

1.00 $13,050.00 $13,050.00
Workflow Business
Process and
Markup Training for
Plan Reviewers
TES-
BICMARK1
This course is designed to provide a
streamlined session for plan reviewers to
provide basic system navigation and access
to key tools and features to complete the
review of the plans and documents. Skills
learned will include basic navigation, basic
viewing tools including measurements,
overlay compare, and how to create and edit
a changemark, as well as how users will be
notified, accept, and complete a plan review
task.

The two classes are added to accommodate
an additional 24 reviewers for a total of 36
people trained.

This course is limited to a max of 12 persons
per session/course.

2.00 $2,500.00 $5,000.00
Introduction to
ProjectDox TES-INTRO
The Training and Educational Services course
includes a flexible mixture of lecture and
hands-on lab time to familiarize the user with
the basic features of ProjectDox. This 3 hour
instructor lead course will review how to
access a project, view a file, use the search
feature and communication tools to efficiently
use and communicate using the ProjectDox
application. This course is limited to a max of
12 persons per session/course.

1.00 $1,125.00 $1,125.00
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The class is added to accommodate an
additional 12 employees for a total of 36
people trained.

Discount based on finalizing the agreement by 6/30/21 -$2,876 Training Sub-Total: $16,299

PROFESSIONAL SERVICES

Product Name Product
Code Description Qty Unit Price Total Price
Best-in-Class Level
1 ProjectFlow
PLUS Services
PS-
BIC.L1PLUS
BIC Plus Setup Services Level 1 for
Workflows: Building 1.00 $30,600.00 $30,600.00
Onboarding
Advanced PF
Integration
PS-
PF.AINT.ON
BRD
Initial Services for Onboarding Advanced
ProjectFlow Integration includes the below;
additional quote may be required if scope
changes during Analysis:
• Project Creation - Configuration of the
Avolve Project Creator Service to create a
project in ProjectDox based on defined values
from the permitting system. These include:
- Permit/Project Number
- Description
- Applicant/Submitter First Name
- Applicant/Submitter Last Name
- Applicant/Submitter Email
- Project/Case Type
- Display of Permit/Application Information
- Configuration of General
Permit/Applicant/Contractor application data
fields for display within ProjectDox via a web
page/formlet.
- Project/Permit Status Update - ProjectDox
will notify the permitting system that the plan
review workflow is complete when all reviews
are approved

1.00 $19,800.00 $19,800.00
OAS Setup &
Training Services
PS-
OAS.SUT
Setup Services:
- System Setup
- Database Table Population - mapping
control id’s to export records
- Admin Training - not to exceed 5 hrs

1.00 $4,275.00 $4,275.00
OAS Custom Setup
Services
PS-
OAS.CSU
Deploy ePlan application, assist with design
and deployment to production – not to exceed
18 hrs

1.00 $4,050.00 $4,050.00
OAS SSA Template
Setup
PS-
OAS.SSA
Deploy SSA templates/permit letters, assist
design and deploy to production – not to
exceed 16hrs

1.00 $3,600.00 $3,600.00
OAS eForm Paper
to eForm Services
PS-
OAS.P2eF
Existing paper to electronic form design in
OAS with < 75 fields and intelligent
conditional entry/display

1.00 $1,350.00 $1,350.00
OAS Basic eForm
Services
PS-
OAS.BeS
< 75 fields – w/ intelligent conditional
entry/display 1.00 $3,600.00 $3,600.00
OAS Advance
eForm Services
PS-
OAS.AeS
>75 fields to 150 fields –intelligent conditional
entry/display 1.00 $5,400.00 $5,400.00
OAS eForm Base
Validation PS-OAS.BV Professional Services for eForm Base Validation Integration 1.00 $3,600.00 $3,600.00
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OAS eForm
Advanced
Validation
PS-OAS.AV Professional Services for eForm Advanced
Validation Integration 1.00 $5,400.00 $5,400.00
OAS Payment
Processor PS-OAS.PP Integration Dev services & Engineering (Authorize.net) 40hrs 1.00 $9,000.00 $9,000.00
OAS Advanced
Integration
PS-
OAS.AINT
Acquisition of application data and a push of
required data to the target permitting system
API to allow for creation of the permit and
triggering of the Project Creation process into
ProjectDox. Design requires API’s to be
customer permitting/target system. Direct
database calls from OAS to the target system
are not supported.

1.00 $6,300.00 $6,300.00
Assurance Services PS-AS 45 Hours of Assurance Services - Invoiced monthly as used $225/hour. 1.00 $10,125.00 $10,125.00
Discount based on finalizing the agreement by 6/30/21 -$10,710 Professional Services Sub-Total: $96,390

Unless otherwise stated, pricing does not include any applicable taxes that may be applied at invoicing. Travel and Expenses are not included in this total and will be invoiced as incurred.

First year SaaS and 20% of Services shall be invoiced upon execution of Agreement. Payment for the total amount is due net thirty (30) days from the date of Initial Invoice. Payment via EFT.

See notes for details.

This best approach package to implementation relies on partnership with the jurisdiction to achieve desired go-live and paperless goals. To that end a not to exceed 516 hours have been allocated to services and training on this project. In the event scope expands or delays account for incremental hours to be required, a Change Request(s) will be issued for the incremental costs associated with delay or expansion.

Year 2 SaaS = $101,160
Year 3 SaaS = $101,160
Grand
Total: $204,909

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Notes:

EFT Remittance:

Avolve Software / Compass Bank
Routing #: 122105744
Account #: 2519753300

NAME:________________________________________________

TITLE:________________________________________________

SIGNATURE: __________________________________________

DATE:________________________________________________

By signing this Order Form customer acknowledge and agrees to, if purchasi ng (a) licenses and/or support and maintenance, Avolve’s Software License and Support Agreement General Terms and Conditions and Avolve’s Maintenance and Support Level Agreement; (b) professional services, Avolve’s Professional Services Agreement; and (c) training services, the Avolve University Training Terms and Conditions; and (d) hosting services, Avolve’s Hosting Service Level Agreement. Customer acknowledges that it has been provided reasonable access to the applicable documents listed herein online at www.avolvesoftware.com and knowingly consents to the same. Resellers acknowledge that they will have end users formally acknowledge and be bound by all applicable Avolve Terms and Conditions as described above.

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Electronic Document Management & Collaboration Solution

City of Salinas
Proposed Statement of Work
May 25, 2021

4835 East Cactus Road Suite 420, Scottsdale, Arizona 85252 Phone: 602.714.9774 www.avolvesoftware.com
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EXECUTIVE SUMMARY
This Statement of Work will focus on the Setup of a Production and Test Environment and the implementation of ProjectDox Best in Class workflows addressing the Customer’s needs with One (1) Best in Class plan review process.

The goal is to implement Online Application Submission (OAS), ProjectDox and an Advanced TRAKiT integration for ProjectDox utilizing web services, in a standardized, off the shelf manner. We will leverage Avolve best practices and built-in configuration and modifications features, to meet the most effective functionality required to achieve the highest business value for the customer (the "Project").

SCOPE OF WORK (MILESTONES)
Setup
Setup of a single environment for the applicable products is required prior to orientation and configuration onsite assessments being conducted. Project pre-planning, including draft project plan, communication plan etc. are associated to this stage of the project. Additional environments to be implemented will be factored into the project plan and based on the sales order/agreement.

• The date of acceptance for this milestone is the SaaS Renewal Date

Orientation and Configuration Requirements Session*
The Avolve PM will work with the City to perform an initial review of the application with the project team and gather configuration requirements to complete the design of the OAS application forms and Best in Class Building workflow process. The output of these sessions will be compiled into a requirements document referred to as the Configuration Requirements Document (CRD). This will include using standard templates and design to expedite the project whi le providing the best business value to the customer. Any design requirements identified during this phase outside of the design of the BIC workflow process and/or requiring development will be scoped and presented in a separate Statement of Work. Assurance services afforded the project may be leveraged for work identified as outside the scope of the project.

• Configuration Requirements Document

• Advanced Integration permitting system touchpoint discussion for TRAKiT includes:
o Project Creation – Required application data is pushed from the permitting system to the ProjectDox application using the Avolve provided REST API and configuration of the ProjectDox Windows Service Process. Required fields for project creation:
o Permit Number/Project Name (Key value)
o Description
o Applicant/Submitter First Name
o Applicant/Submitter Last Name
o Applicant/Submitter Email Address
o Permit/Project Type
o Application Data – Pull of data from the permitting system to display of up to 18 read-only permit application data fields within the plan review process.
o Review Status – Push of data to provide the permitting system the following data related to the plan review:
o Reviewer Name
o Reviewer Department
o Review Cycle
o Review Status (Approved, Rejected)
o Date Completed
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o Final Approval Status – Push final status or log event of approved to permitting system API indicating to the permitting system that all reviews are approved in ProjectDox. • Project Plan (task list/schedule/resource assignments) not to exceed budget

Configuration & Integration *
Configuration of applicable software products, forms and the workflows based on the configuration requirements document findings. This includes the development of the integration work defined in this Statement of Work and confirmed during requirements discussions. Integration designs require the City systems to have or develop web services to allow for integration communication to the target systems from ProjectDox and/or OAS.

• Configured Working products and modules as specified in the Purchase Agreement/ Sales Order o Configured Working OAS and ProjectDox Applications
o Self-Service Application (SSA) Forms
▪ Provides up to 16 hours of services to configure the site for use with the delivered SSA forms and letters, perform a review of the application forms design and features, make minor modifications, and deploy into production.
o 1 OAS Paper to eForm Application Form
▪ Existing paper to electronic form design in OAS with < 75 fields and intelligent conditional entry/display
o 1 OAS Base Application Form
▪ Forms design contains less than 75 fields
o 1 OAS Advanced Application Form
▪ Form design contains between 75-150 fields
▪ 1 Payment Processor to Authorize.NET
• Design the OAS application to interface with Customer’s payment processor to allow for online payments through OAS.
▪ 1 OAS Advanced Integration
• Defined application data to be pushed to the target permitting system API to allow for creation of the permit and triggering of the Project Creation process into ProjectDox.

Design requires API’s to be available for customer permitting system. Direct database calls from OAS to the target system are not supported.
▪ 1 OAS Base Validation
• Contractor Validation
o Base Validation allows for the validation for up to 2 data fields in the application form against the target system and confirmation of the data on the application form. (only validates) Design requires web services to be available for integration communication to the target system. Direct database calls from OAS to the target system are not supported.
▪ 1 OAS Advanced Validation
• Address/Parcel Validation
o Advance Validation Widgets allow for multi field validation, data retrieval and display from the target system on the OAS application form. May include field concatenation and progressive/auto complete search (pulling back the data for display in the form). Some abilities are limited to API’s being available from the customers target permitting system
▪ Basic Fee Calculations
• Allows for a fixed fee or simple calculation of a percentage of a field in the OAS application form to be displayed to the end user to communicate a cost.

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▪ 1 Best In Class Workflow (Building)
▪ Advanced Integration to TRAKiT

User Acceptance Training (UAT)
The UAT phase uses an agile methodology consisting of two sprints of ten days each for testing that include the delivery of the designed process, validation of the design by the Customer and resolution to design issues by Avolve before starting the next sprint. The Avolve team will provide user acceptance training and guidance to the Customer on methods to test the designed process and sys tem to work towards acceptance. Customer will validate the system configuration, forms, emails, integration and document any identified issues in the RIT (Risks, Issues and Tasks) document provided by the Avolve project manager. Avolve will resolve any identified issues to allow the customer retest to gain acceptance.

UAT Training is conducted onsite allowing one day per process with the remainder of the UAT phase supported remotely. During this phase, the production environment will be setup. Upon acceptance of the design the Avolve team will coordinate the promotion of the code to the production environment.

• Completion of User Acceptance Testing (UAT)
• Implementation of the Production Environment
• Code Promotion from Test to Production

Training
Avolve education specialists will deliver the below courses to the Customers staff. The courses will train approximately 36 persons and will be delivered based on the project plan rollout. A maximum of 12 persons per course is enforced with exception of the Community Outreach (TES-OUT). This demonstration/lecture session is targeted for the design community and is intended to be conducted for larger audiences (25+) to educate and promote the new processes.

It is recommended that training sessions be organized with participants of similar technological abilities to allow for the most efficient delivery and retention of the materials. Additional training above and beyond the below may be added or additional training performed post go-live by leveraging the assurance services funds afforded the project.

• Delivery of classes for all products/modules as purchased

Quantity Course Name Est. Length
3 Introduction to ProjectDox 3 hrs.
3 Workflow and Markup for Plan Reviewers 6 hrs.
1 Workflow and Administration for Coordinators/Techs 8 hrs. 1 System Administration 4 hrs.
1 Community Outreach 1-2 hrs.

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Launch/Project Close Out
Deployment of the workflow processes and post go live support for a period of 5 business days. Customer will be transitioned to support post the 5-business day go live period.

Assurance Services
The assurance services fund may be leveraged at any time during or post project completion to cover additional integration requirements, newly identified out of scope requirements, training, and software not included in this statement or work. The funds intent is to be used post go-live/launch of a process to keep the project management team engaged to assist with change management and user adoption assistance. Assurance services hours are billed on an hourly basis at a rate of $225.00 an hour. The use of hours requires a change order or an assurance services agreement that defines the work and has signatures of agreement for use by the Customer.

ACCEPTANCE PROCESS
There will be Key Deliverables, as identified in the Project Activities/Deliverables Payment Schedule which will be subject to acceptance by the Customer ("Acceptance"). Upon completion of each Key Deliverable, Avolve will request from the Customer a written response within five (5) business days after receipt thereof. Notwithstanding the foregoing or anything to the contrary in the Purchase Agreement, all other Deliverables provided under this Statement of Work shall be deemed to have been accepted by the Customer upon delivery. If Customer does not approve, reasons for rejection must be clearly noted. Avolve will then work with the Customer to come to agreement on obtaining approval. The Customer shall be deemed to accept any such Key Deliverable which Customer does not accept or reject within such period. This acceptance will initiate the invoice of the of the applicable milestone.

AVOLVE PROJECT PLAN AND PROCESS
Promptly following execution of this Statement of Work, the parties shall meet to discuss the general project schedule, which will be generally organized around the standard Avolve project On-Boarding process. Within 2 weeks, the initial project plan will be created and sent to Customer. The Project Plan contains a schedule, a list of tasks in a schedule format, assignments of specific team members over specific times and communication status reporting processes. The Project Plan is a living document that will be reviewed throughout the term of this Agreement and may be adjusted as reasonably necessary, as agreed to from time to time by the parties.

PROJECT ASSUMPTIONS AND CAVEATS

1. This Project was scoped based upon purchase of ProjectDox Best In Class, understanding that the site will be hosted by the Avolve and configured per established Best-In-Class standards. This understanding forms the basis for Avolve’s pricing and the Deliverables to be provided under this Statement of Work. Any deviation from these requirements will require a change order and may increase cost or estimated time of Project completion.

2. Avolve will have full access to all Project team members from the customer as needed to complete the successful implementation and roll out of ProjectDox. This access may require the team members of the customer to dedicate specific time to specific detailed tasks within the Project Plan. Team member tasks will be more clearly defined during the kickoff and planning sessions and documented in the Project Plan.

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3. Customer and its third parties and/or subcontractors will fulfill any hardware/software requirements, as identified to allow communication between Avolve Software and the Customer’s permitting system in a timely fashion to keep the Project Plan on schedule.

4. Customer and its third parties and/or subcontractors will fulfill the hardware requirements, as outlined in the System Implementation Guides (standard end user document(s) that accompany each version of the Software) in a timely fashion to keep the Project Plan on schedule.

5. This best approach package to implementation relies on partnership with the jurisdiction to achieve desired go-live and paperless goals. To that end, a not to exceed 516 hours have been allocated to services and training on this project. In the event scope expands or delays account for incremental hours to be required, a Change Request(s) will be issued for the incremental costs associated with delay or expansion. Should the customer cause or contribute to the delay of any Deliverable, Avolve may elect to revise the Project Plan accordingly to compensate for the delay and invoice for any applicable milestone payments to that point of the project.

6. All parties will reasonably prioritize their efforts to meet the Project Plan schedule to achieve a rapid roll out model. It is understood by all parties that multiple tasks may be in process at one time and Avolve may have more than one Professional Services team member working on the project at one time.

7. Client will provide adequate Project management for their own resources, and/or third parties, to collaborate with Avolve’s project manager. Client subject matter experts and applicable users will be accessible and available in a timely fashion and for adequate and reasonable durations. Avolve will make sure that scheduling of interviews and meetings are adequately in advance of these resource allocations.

8. Customizations/Extensions required may result in increased schedule and budget, but only if documented and approved within Assurance Services and/or a Change Request.

9. Avolve is planning to fully leverage ProjectDox as is, utilizing all built in configuration features to meet the business needs.

10. Any optional items chosen in the Purchase Agreement/Sales Order are not included here and would require a modification to this Statement of Work.

11. Customer understands that an ePlan Life Cycle implementation is a very significant digital transformation enterprise project that requires dedicated change management from the Customer’s staff. This will be key for the success of the Customer.

12. Work will not begin until an executed copy of all paperwork is complete. Work will begin at the earliest date at which Avolve resources and Customer resources are available or as otherwise agreed to.

13. Avolve and Customer agree to cooperate in good faith to complete the Services and Deliverables in a timely and efficient manner.

14. Recording of Avolve provided training or UAT (user acceptance testing) sessions is not permitted.

15. All training classes unless otherwise noted are limited to 12 persons maximum per class.

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*Configuration options are as described by ProjectDox documentation and as evidenced by ProjectDox administration screens. Minor changes to Avolve ProjectDox Best Practices (Best in Class) workflows are changes to activate/deactivate and/or parametrize with variables, existing steps in the Best Practices workflows. Customization of additional products and modules are to be within the bounds and scope of the respective core product(s) and modifications are limited to those that are allowed by core product design.

CHANGE CONTROL PROCESS
The “Change Control Process” is that process which shall govern changes to the scope of the Project during the life of the Project. The Change Control Process will apply to new components and to enhancements of existing components. The Change Control Process will commence at the start of the Project and will continue throughout the Project's duration.

Additional procedures and responsibilities may be outlined by the Project Manager identified on the signature page to the Agreement and will be included in the Project Plan if mutually accepted.

Under the Change Control Process, a written “Change Request” (attached) will be the vehicle for communicating any desired changes to the Project. It will describe the proposed change; the reason for the change and the effect the change may have on the Project. The Project Manager of the requesting party will submit a written Change Request to the Project Manager for the other parties.

All parties must sign the approval portion of the Change Request to authorize the implementation of any change that affects the Project’s scope, schedule, or price. Furthermore, any such changes that affect the scope of this SOW, schedule or price will require an amendment to the SOW and/or any other part of the Purchase Agreement.

PRICING, TRAVEL AND EXPENSE
Pricing and payment terms are as set forth in Purchase Agreement/Sales Order.

Travel and Expenses are estimated to be $12,000.00 and will be invoiced to customer as incurred.

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PROJECT ACTIVITIES / DELIVERABLES PAYMENT SCHEDULE
This is a preliminary deliverable and payment schedule that is subject to change based on discussions to occur post the kick-off of the project, provided that both the City and Avolve Software agree to the new terms in writing.

MS# Deliverable Description Acceptance Criteria Payment Amount
MSO Contract Execution First Year SaaS costs Contract Signature $92,220.00 MSO Contract Execution 20% Services Contract Signature $17,455.00 MS1 Project Kickoff Project kick off meeting complete and initial environment installed
• Project Kick Off Meeting Conducted
• Project team can log into installed environment
• Sign Off Acceptance
$8,727.75
MS2 Configuration Requirements
Document (CRD)
Compiled configuration design requirements for
Process 1
• Delivered CRD
• Sign off Acceptance Document $8,727.75
MS3 OAS Forms Design Complete Completed OAS Forms Design • Forms Complete • Sign off Acceptance Document $13,092.00
MS4 OAS Integrations Complete Completed Payment Processor and Permitting System Integration • Sign off Acceptance Document $8,727.75 MS5
Deliver functional OAS &
ProjectDox application for
Process 1
Deliver and review the design as defined in the CRD
document.
• UAT scheduled for Process 1
• Sign off Acceptance Document $21,819.00
MS6 User Acceptance Test Process 1
User Acceptance Testing for Process 1 Complete
Delivered Second Environment
Workflow Integration Complete (TRAKiT)
• User Acceptance Testing confirms requirement as
agreed to in the CRD
• Sign Off Acceptance Document
$4,363.90
MS7 Training Conduct End User Training
Conduct Administration Training Sign Off Acceptance $16,299.00 MS8 Launch/Go-Live Process 1 process general availability launch Process is launched $4,363.90 MS9 Assurance Services Per Signed Agreement/Change Order $9,112.95 Total Services $112,689

For the avoidance of any doubt, all right, title and interest in and to the Deliverables (including without limitation the above Key Deliverables), as well as the intellectual property rights to such Deliverables, shall belong to Avolve, subject to the limited license granted to the Customer pursuant to the Licensing Agreement.

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STATEMENT OF WORK ACCEPTANCE
Once fully executed, this document will become the Statement of Work for the Project defined in this document. Avolve and Customer’s signatures below authorizes Avolve to begin the services described above and indicates Customer’s agreement to pay the invoices associated with these services delivered as described.

SOFTWARE ACCEPTANCE DATE AND MAINTENANCE
Avolve will invoice Customer for Software Maintenance following the Software Acceptance Date and Customer shall pay such invoiced amount pursuant to the terms of the Purchase Agreement/Sales Order. For all subsequent years of Software Maintenance purchased by Customer, invoicing and payments shall be as set forth in the Purchase Agreement/Sales Order.

AUTHORIZED SIGNATURES
Avolve Software Corporation City of Salinas, CA
By: By:

Name: Name:

Title: Title:

Date: Date:

DocuSign Envelope ID: A0521726-78BA-40A0-8561-A201AB3A4F49 Jay Mayne
6/29/2021 | 12:51 PM PDT
CFO Mayor
Kimbley Craig
6/29/2021 | 5:46 PM PDT
Quote Ref #202103-1735
EXHIBIT A: CHANGE REQUEST FORM

DocuSign Envelope ID: A0521726-78BA-40A0-8561-A201AB3A4F49 Quote Ref: 2023-08-14 08:35:28

Salinas, CA
ProjectDox® ePlan Solution Renewal

August 14, 2023

Prepared by your Avolve Software Representative
Scott Simon
Senior Renewals Manager
4835 East Cactus Road
Suite 420
Scottsdale, AZ 85254
www.avolvesoftware.com
Telephone: 623-703-9650
Email: [email protected]

ProjectDox® Price Quotation

2023-08-14 08:35:28

Quote Delivered To
Angeline Sickler Senior Plan Check Engineer Salinas, CA 65 West Alisal Street [email protected] (831) 758-7366 Salinas, California
93901 Date of Quote: 8/14/2023 Quote Valid Until: 12/11/2023

ProjectDox ePlan Solution Renewal
SAAS TERM: 12/12/2023 TO 12/11/2024

Product Name Product Code Description Qty Unit Price Total Price TES-Video License
Subscription TES-VLS TES-Video License Subscription 1.00 $5,400.00 $5,400.00 Test Environment Light-
Level Capacity OAS &
ProjectDox SaaS
License
SAAS-T.L
Software as a Service (SaaS) for
ProjectDox on a Test Environment.

Designed for organizations who plan
to use the system for development
and/or testing with approximately 5
concurrent users and approximately
500 permits per year.

Software included for Production:
• ProjectDox Software Subscription
• Unlimited Workflow license

Services included for SaaS
Production:
• Set up and installation of
ProjectDox
• Managed services
• Annual ProjectDox upgrades

Test Environment Safeguard:

Avolve security policy limits access
to the Test environment. External
users including the customer’s IT
can be provided limited VPN access
to the Test servers and database
such as creation and testing of
custom reports. VPN access will be
made available upon request at
additional cost.

12.00 $980.00 $11,760.00
Production Environment
Light-Level Capacity
OAS & ProjectDox
SaaS License
SAAS-P.L
Software as a Service (SaaS) for
OAS & ProjectDox on a Production
Environment. Designed for
organizations who have
approximately 50 concurrent users
and 3,000 permits per year.

12.00 $7,000.00 $84,000.00
ProjectDox® Price Quotation

2023-08-14 08:35:28

Software included for SaaS
Production:
• ProjectDox Software Subscription
• Unlimited Workflow license
• OAS Software Subscription
• Includes unlimited Application
Forms license
• Includes SSA for six base forms
preconfigured

Services included for SaaS
Production:
• Set up and installation of OAS &
ProjectDox
• Managed services
• Annual OAS & ProjectDox
upgrades

Production Environment Safeguard:

Avolve security policy limits access
to the Production environment.

External users including the
customer’s IT will not be allowed
direct access to the Production
servers and database. Any
development or testing can be
performed on the Test environment.

SaaS Sub-Total: $101,160.00

Unless otherwise stated, pricing does not include any applicable taxes that may be applied at invoicing.

Payment for the total amount is due net thirty (30) days from the date of Initial Invoice and shipment of software. Payment via EFT. See notes for details.

Grand
Total: $101,160.00

ProjectDox® Price Quotation

2023-08-14 08:35:28

NAME:________________________________________________

TITLE:________________________________________________

SIGNATURE: __________________________________________

DATE:________________________________________________

By signing this Order Form customer acknowledge and agrees to, if purchasing (a) licenses and/or support and maintenance, Avolve’s Software License and Support Agreement General Terms and Conditions a nd Avolve’s Maintenance and Support Level Agreement; (b) professional services, Avolve’s Professional Services Agreement; and (c) training services, the Avolve University Training Terms and Conditions; and (d) hosting services, Avolve’s Hosting Service Level Agreement. Customer acknowledges that it has been provided reasonable access to the applicable documents listed herein online at www.avolvesoftware.com and knowingly consents to the same. Resellers acknowledge that they will have end users formally ack nowledge and be bound by all applicable Avolve Terms and Conditions as described above.

Quote Ref: 2023-111-01 10:34:32

City of Salinas, CA
Professional Services Engagement Proposal

November 1, 2023

Prepared by your Avolve Software Representative
Nikki Thorne
Director Professional Services
21001 N. Tatum Blvd
Suite 1630-503
Phoenix, AZ 85050
www.avolvesoftware.com
Telephone: 614-309-2613
Email: [email protected]

ProjectDox® Price Quotation

2023-10-24 06:43:32

Quote Delivered To
Angeline Sickler Senior Plan Check Engineer Salinas CA

65 West Alisal Street
Salinas, California 93901
United States

[email protected] (831) 998-1657

Date of Quote: 11/1/2023 Quote Valid Until: 12/22/2023

ProjectDox ePlan Solution Pricing Agreement

PROFESSIONAL SERVICES

Product Name Product
Code Description Qty Unit Price Total Price
Professional Services PS-225 Professional Services 40.00 $225.00 $8,550.00 Professional Services Sub-Total: $9,000.00

Unless otherwise stated, pricing does not include any applicable taxes that may be applied at invoicing. Travel and Expenses are not included in this total and will be invoiced as incurred.

The City will be invoiced monthly based on the number of Professional Services hours (excludes training and client success services) at the hourly rate ($225) consumed during the previous month. A short description of each time entry and a time tracking spreadsheet will accompany the invoice each month and the number of hours remaining in the project budget. Payment for the remaining amount is due net thirty days (30) from project completion.

Grand
Total: $9,000.00

NAME:________________________________________________

TITLE:________________________________________________

SIGNATURE: __________________________________________

ProjectDox® Price Quotation

2023-10-24 06:43:32

DATE:________________________________________________

By signing this Order Form customer acknowledge and agrees to, if purchasing (a) licenses and/or support and maintenance, Avolve’s Software License and Support Agreement General Terms and Conditions and Avolve’s Maintenance and Support Level Agreement; (b) professional services, Avolve’s Professional Services Agreement; and (c) training services; and (d) hosting services, Avolve’s Hosting Service Level Agreement.  Customer acknowledges that it has been provided reasonable access to the applicable documents listed herein online at www.avolvesoftware.com and knowingly consents to the same. Resellers acknowledge that they will have end users formally acknowledge and be bound by all applicable Avolve Terms and Conditions as described above.

10242022 Page 1 of 10
Electronic Document Management & Collaboration Solution Proposed Statement of Work
November 1, 2023
21001 N Tatum Blvd, Ste 1630-503, Phoenix, Arizona 85050 Phone: 602.714.9774 www.avolvesoftware.com

10242022 Page 2 of 10

EXECUTIVE SUMMARY
This Statement of Work will focus on a new self-service OAS process wherein applicants will be able to create a new SolarAPP+ application, submit and make a payment, and have a job card as well as a window card delivered to the applicant. The application will also be integrated with the City’s TRAKiT permit system. This is a new City obligation to meet the requirements of SB379 for SolarAPP+ applications. The City is looking for a process where a permit can be obtained in real time. There will be no workflow within ProjectDox, and this process will be solely in the OAS application.

SCOPE OF WORK
SolarAPP+ Project Implementation
A summary of the scope is below.
o Design of OAS SolarAPP+ Self-Service Application seen as Exhibit B ƒ Includes a method wherein certified the solar app contractor is validated before allowing to proceed with application submission.
o Configuration of OAS Payment using existing Authorize.net payment processor o Design of job card draft design seen as Exhibit C
ƒ TRAKiT permit number must be pulled and displayed on the job card. ƒ Job card is emailed to the applicant.
o Design of Window card design seen as Exhibit D
ƒ TRAKiT permit number must be pulled and displayed on the job card. ƒ Job card is emailed to the applicant.
o OAS to push information application information to TRAKiT. o OAS to pull TRAKiT permit number for use on job and windows cards. o OAS will display a static fee for payment or use of fee formulas in OAS. o Enable the upload of single files into OAS for small number of files.

Integration between OAS and TRAKiT requires the TRAKiT permitting system to have the required API’s/ web services to facilitate communication. If APIs are not currently present and functional, the Customer will need to provide the resources to develop and test any new required services and Avolve will assist in testing. Any additional integration points other than what is described below would be considered additional scope and would require additional professional services (assurance services) to cover design, development, and testing. Direct database calls are not supported. x TRAKiT permitting system integration includes:
o SolarAPP+ Information Push – OAS to push the SolarAPP+ application information to TRAKiT. o Leverage existing Address and Owner lookup code designed by Avolve and used by the City of Salinas from other applications.
o Permit Number Collection – OAS to call TRAKiT to retrieve the permit number prior to entering on job and window cards.
10242022 Page 3 of 10

ACCEPTANCE PROCESS
There will be Key Deliverables within the identified phases of the project as identified in the Project Activities/Deliverables Schedule which will be subject to acceptance by the Customer ("Acceptance"). Upon completion of each Key Deliverable, Avolve will request from the Customer a written response/acceptance within five (5) business days after receipt thereof.

Notwithstanding the foregoing or anything to the contrary in the Purchase Agreement, all other Deliverables provided under this Statement of Work shall be deemed to have been accepted by the Customer upon delivery. If Customer does not approve, reasons for rejection must be clearly noted. Avolve will then work with the Customer to come to agreement on obtaining approval. The Customer shall be deemed to accept any such Key Deliverable which the Customer does not accept or reject within such period. This acceptance will initiate the invoice of the milestone, if applicable.

PROJECT ASSUMPTIONS AND CAVEATS

1. Avolve will have full access to all Project team members from the customer, as needed, to complete the successful implementation and roll out of ProjectDox. This access may require the team members of the customer to dedicate specific time to specific detailed tasks within the Project Plan. Team member tasks will be more clearly defined during the kickoff and planning sessions and documented in the Project Plan.

2. Customer and its third parties and/or subcontractors will fulfill any hardware/software requirements, including the purchase/development of APIs (Application Program Interface) for integration to allow for communication between Avolve Software and the Customer’s permitting system in a timely fashion to keep the Project Plan on schedule.

3. Delays/schedule Changes: This best approach package to implementation relies on partnership with the jurisdiction to achieve desired go-live goals. Should either party cause or contribute to the delay of any deliverable/milestone relative to the agreed upon Project Plan schedule, the other party may issue a Change Request(s)/Work Order s to denote said change of schedule and any reasonable incremental costs incurred by such party arising from the delay. Once approved by the parties, the Change Request/Work Order shall be signed by both Avolve and Customer, with issuance of payment for any additional costs as noted within said Change Request/Work Order to occur as set forth in such Change Request/Work Order.ௗௗ

4. Scope Changes: Should the Customer request a change in the scope of work for the project, Avolve shall issue a Change Request(s)/Work Order to denote the change in scope (and any associated impacts to schedule or change to project fees). Once approved by the parties, the Change Request/Work Order shall be signed by both Avolve and Customer, with issuance of payment or credit (as applicable) for any change to project fees as noted within said Change Request/Work Order to occur as set forth in such Change Request/Work Order.ௗௗ

5. All parties will reasonably prioritize their efforts to meet the Project Plan schedule in order to achieve a rapid roll out model. It is understood by all parties that multiple tasks may be in process at one time and Avolve may have more than one Professional Services team member working on the project at one time.

6. Customer will assign a project manager for management of their own resources, and/or third parties retained by Customer, to collaborate with Avolve’s project manager. Customer subject matter experts and applicable users will be accessible and available in a timely fashion, and for adequate and reasonable durations as set forth in the Project Plan. Avolve and Customer will make sure that scheduling of meetings is made at least 5 days in advance of these resource allocations.

7. Any optional items chosen in the Purchase Agreement/Sales Order are not included here and would require a modification to this Statement of Work.
10242022 Page 4 of 10

8. Customer understands that an ePlan Life Cycle implementation is a significant digital transformation enterprise project that requires dedicated change management from the Customer’s staff. This will be key for the success of the Customer.

9. Work will not begin until an executed copy of all paperwork is complete. Work will begin at the earliest date at which Avolve resources and Customer resources are available or as otherwise agreed to.

10. Avolve and Customer agree to cooperate in good faith to complete the Services and Deliverables in a timely and efficient manner.

11. Recording of Avolve provided training or UAT (user acceptance testing) sessions is not permitted unless noted within the Statement of Work.

12. In the event the Customer delays the progression of the implementation and Avolve Software resources are placed on-hold and/or removed from the project, all hours that have been completed to that point will be invoiced. Avolve Software will not guarantee Project Managers and/or Technical Avolve resources will be available to re-deploy immediately upon resolution of the issue. Avolve requires 4 weeks’ notice of intent to restart the project, to assess available resources to determine the next available timeframe and communicate any restart costs to restart the project.

CHANGE CONTROL PROCESS
The “Change Control Process” is that process which shall govern changes to the scope of the Project during the life of the Project. The Change Control Process will apply to new components and to enhancements of existing components. The Change Control Process will commence at the start of the Project and will continue throughout the Project's duration.

Additional procedures and responsibilities may be outlined by the Project Manager identified on the signature page to the Agreement and will be included in the Project Plan if mutually accepted.

Under the Change Control Process, a written “Change Request” (attached) will be the vehicle for communicating any desired changes to the Project. It will describe the proposed change; the reason for the change and the effect the change may have on the Project. The Project Manager of the requesting party will submit a written Change Request to the Project Manager for the other parties.

All parties must sign the approval portion of the Change Request to authorize the implementation of any change that affects the Project’s scope, schedule, or price. Furthermore, any such changes that affect the scope of this SOW, schedule or price will require an amendment to the SOW and/or any other part of the Purchase Agreement.

PRICING,T RAVEL AND EXPENSE
Pricing and payment terms are as set forth in the Purchase Agreement/Sales Order. x Professional Service hours will be invoiced monthly as time and materials based on the rate for the applicable resources. Avolve will provide monthly balances for hours remaining for the project. x Training is not included in this SOW.
x Travel and Expenses are not included in this SOW.
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PROJECT ACTIVITIES /D ELIVERABLES PAYMENT SCHEDULE
Preliminary project and deliverable schedules are provided and are subject to change based on discussions to occur post the kick-off of the project, provided that both the Customer and Avolve Software agree to the updated terms in writing. The project scope and associated costs are based on a 16-week implementation schedule.

For the avoidance of any doubt, all right, title and interest in and to the Deliverables (including without limitation the above Key Deliverables), as well as the intellectual property rights to such Deliverables, shall belong to Avolve, subject to the limited license granted to the Customer pursuant to the Licensing Agreement.
23 WEEK SCHEDULE
Est Schedule Project Phase Deliverables Deliverable/Acceptance Criteria Week 1 Kickoff x Project Kick Off Meeting
x Project Plan Project Plan Accepted
2-5 Orientation and
Config
x Configure SolarApp+ application.
x Configure OAS Letters
x Setup Solar Payments
6-8 Integration
x Field Mapping w/ TRAKiT
x Permit Number Retrieval
x Deliver Functional System for Testing
9-12 UAT Sign Off Acceptance Document
13-16 Launch/Go-Live x Launch of Process
x Warranty Period Sign Off Acceptance Document
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STATEMENT OF WORK ACCEPTANCE
Once fully executed, this document will become the Statement of Work for the Project defined in this document. Avolve and Customer’s signatures below authorizes Avolve to begin the services described above and indicates Customer’s agreement to pay the invoices associated with these services delivered as described.

AUTHORIZED SIGNATURES
Avolve Software Corporation City of Salinas, CA
By: By:

Name: Name:

Title: Title:

Date: Date:

Copyright 2015 Avolve Software Corporation.

ProjectDox is a registered trademark of Avolve Software Corporation.

EXHIBIT A: CHANGE REQUEST FORM

Home Profile Services ANGELINE SICKLER Admin Logout

INCOMPLETE

SolarApp+ Permit Application

CITY OF SALINAS

COMMUNITY DEVELOPMENT DEPARTMENT
65 W Alisal Street, Salinas, California 93901
TEL: (831) 758-7251 | FAX: (831) 758-7938
WWW.CityofSalinas.org/Our-City-Services/Permit-Center
Project Information
If the Property Address is not current or not showing, please email the Salinas Permit Center at [email protected]
SolarAPP+ Approval ID Number

SAXXXXXXXX-X-X-X
*
Proposed Type of Work Solar Photovoltaic
System
Solar Photovoltaic and Battery Storage System
Battery Storage System
*
Proposed Type of Project Residential *
Brief Description of Work
Maximum 60 Characters
*
Valuation
Approximate cost for labor and materials
*
Project Address *
October 16, 2023
Request Name: SolarAPP+ Permit Application
Exhibit B SolarAPP+ Permit Application Example

INCOMPLETE

INCOMPLETE
Owner
If the Owner information is not current, please email the Salinas Permit Center [email protected] Contractor
The Address must be selected from the drop down to be valid. Ifthe address entered is not valid, the form may not be submitted.

Project City *
Project State
CA
*
Project Zip Code *
Project Parcel *
Project Subdivision
First and Last Name *
Address
City
State
Zip Code
Country
USA
Email *
Phone Number
License Number *

COMPLETE
Lookup
Applicant Information
Driver's Licence Required for Issuance
Enter Contractor's License Number and select Lookup
Name *
Phone Number
Address
City
State
Zip Code
Email
Applicant First and Last Name

ANGELINE SICKLER
*
Phone Number
(831) 758-7366
*
Applicant Address
65 W Alisal
*
Applicant City
Salinas
*
Applicant State *
CA
Applicant Zip Code
93901
*
Applicant Email Address
[email protected]
*

INCOMPLETE
After you press the submit request button below, you will recieve an email prompting you to upload andsubmit. Do not forget to upload a scan of your driver's license or permit inspection scheduling will be delayed.

Signature
I hereby declare that I have read and understood the above, and the information contained in thisapplication, attached schedules, attached plans and specifications, and other documents is true to the bestof my knowledge.

Applicant: ANGELINE SICKLER Signature date:

Save for Later Submit Request
Home | Profile
I, being the authorized applicant, acknowledge that:

1. I have personally examined and am familiar with all theinformation submitted in response to the questionscontained in this notice, and any attachments, and attestthat all information submitted is true, correct andcomplete; and 2. I understand and agree that clicking the box above will bedeemed the equivalent of a signature in electronic form.

Avolve Statement of Work
Version 2.0 08292018
3 Exhibit C:

Job Registration Card Example

Avolve Statement of Work
Version 2.0 08292018
4 Exhibit D
Window Card

Quote Ref #202310-2167

Salinas, CA
Avolve Assurance Services Proposal

October 10, 2023

Prepared by your Avolve Software Representative
Bruce Crawford
Account Executive
Telephone: 415-272-9435
Email: [email protected]

ProjectDox® Price Quotation

202310-2167

Quote Delivered To
Angeline Sickler Senior Plan Check Engineer Salinas, CA 65 West Alisal Street [email protected] (831) 758-7366 Salinas, California
93901 Date of Quote: 10/10/2023 Quote Valid Until: 12/28/2023

ProjectDox ePlan Solution Pricing Agreement

PROFESSIONAL SERVICES

Product Name Product
Code Description Qty Unit Price Disc Total Price
Assurance Services PS-AS 45 Hours of Assurance Services - Invoiced monthly as used $225/hour. 2 $20,250.00 10 % $18,225.00 Professional Services Sub-Total: $18,225.00

Unless otherwise stated, pricing does not include any applicable taxes that may be applied at invoicing. Travel and Expenses are not included in this total and will be invoiced as incurred.

The city will be Invoiced each month for the number of Professional Services hours at the hourly rate ($202.50) consumed during the previous month. A short description of each time entry and a time tracking spreadsheet will accompany the invoice each month and the number of hours remaining in the project budget. Payment for the remaining amount is due net thirty days (30) from project completion. Payment via EFT. See notes for details..

Grand
Total: $18,225.00

ProjectDox® Price Quotation

202310-2167

Notes:

EFT Remittance:

Avolve Software / Compass Bank
Routing #: 122105744
Account #: 2519753300

NAME:________________________________________________

TITLE:________________________________________________

SIGNATURE: __________________________________________

DATE:________________________________________________

By signing this Order Form customer acknowledge and agrees to, if purchasing (a) licenses and/or support and maintenance, Avolve’s Software License and Support Agreement General Terms and Conditions and Avolve’s Maintenance and Support Level Agreement; (b) professional services, Avolve’s Professional Services Agreement; and (c) training services, the Avolve University Training Terms and Conditions; and (d) hosting services, Avolve’s Hosting Service Level Agreement. Customer acknowledges that it has been provi ded reasonable access to the applicable documents listed herein online at www.avolvesoftware.com and knowingly consents to the same. Resellers acknowledge that they will have end users formally acknowledge and be bound by all applicable Avolve Terms and Conditions as described above.

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-667, Version: 1
East Market Street Cycle Track Quick Build Project
Approve a Resolution approving the plans and specifications for the East Market Street Cycle Track Quick Build Project; and awarding a contract to Coastal Paving & Excavating in the amount of $204,700.00.

City of Salinas Printed on 11/9/2023Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: NOVEMBER 14, 2023
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS P.E., L.S., PUBLIC WORKS DIRECTOR
BY: JONATHAN HERNANDEZ, JUNIOR ENGINEER
THRU: ADRIANA ROBLES, P.E., CITY ENGINEER
TITLE: EAST MARKET STREET CYCLE TRACK QUICK BUILD

PROJECT

RECOMMENDED MOTION:

A motion to approve a Resolution:

1) Approving the plans and specifications for the East Market Street Cycle Track Quick Build Project; and

2) Awarding a contract to Coastal Paving & Excavating for the East Market Street Cycle Track Quick Build Project in the amount of $204,700.00.

EXECUTIVE SUMMARY:

On October 10, 2023, City Council approved Resolution No. 22 812 (Attachment 1) accepting grant funds from the Transportation Agency of Monterey County (TAMC) for the East Market Street Cycle Track Quick Build Project and authorizing the Public Works Director to execute agreements related to the TAMC grant. The project will improve the safety, and comfort of the existing bike lane facilities on East Market Street . Project plans and specifications are complete, and the City initiated a request for proposals amongst the contractors under the Master Service Agreement for On -Call Class A Contractor Services on September 26, 2023 . The City received only one proposal for the amount of $204,700.00 from Coastal Paving & Excavating.

BACKGROUND:

On September 1 4, 2021, the City Council adopted the City of Salinas Vision Zero Action Plan (Action Plan) through Resolution No. 22184. The Action Plan was developed through a data - driven process. City staff compiled 10 years of collision data from 2009 to 2018 and created geographic information systems (GIS) maps to display and filter collision data to help illustrate spatial patterns and trends. This data-driven analysis helped reveal collision trends and patterns in collision type, driver factors, roadway features, vehicle factors or environmental conditions.

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Trends in the data help reveal emphasis areas where a higher frequency of collisions can be evaluated to achieve the goal of zero fatalities and serious injuries most effectively.

One of the emphasis areas the Action Plan focused on were corridors with high rates of bicycle involved collisions. The p lan identified East Market Street as the corridor with the most bicycle involved collisions in the City over the 10-year period. In 2016, the City proposed floating parking protected bike lanes and was awarded Active Transportation Program and Regional Sur face Transportation Program grant funds to implement the proposed concept. The project was accepted by Council on February 6, 2018. Once constructed the City found that the concept did not work as expected. The problem with the floating parking protected b ike lanes, which only have painted buffers, is that many drivers park their vehicles encroaching into or outright blocking the bike lane.

Despite the effort of the Safe Routes to School Project, East Market Street still lacks protected bicycle facilities to enable students to ride to school. Considering this, City staff considered East Market Street as a good candidate for improvement in the 2023 Regional Surface Transportation Program (RSTP) and applied for grant funding to mitigate the problem.

The City was awarded an RSTP grant by TAMC in the amount of $326,000.00 for the East Market Street Cycle Track Quick Build Project. On October 10, 2023, City Council approved Resolution No. 22812 accepting grant funds.

The East Market Street Cy cle Track Quick Build Project consists of constructing quick -build concrete median cycle tracks along East Market Street between Eucalyptus Drive and Williams Road. This countermeasure will install a physical barrier between the parking aisle and the bicycle facility which aims to eliminate the ability of vehicles to encroach into the bike lanes. The raised medians will serve as a buffer between on-street parking and the bike lanes. The project’s desired outcome is to improve the safety, and comfort of the existing bike lane facilities on East Market Street by upgrading the painted buffer to a physical concrete median. City staff developed and completed the plans, specifications, and estimate s (PS&E) documents for the project. Staff recommends City Council approve Plans and Specifications for the East Market Street Cycle Track Quick Build Project.

The City initiated a request for proposal process amongst the contractors under the Master Services Agreement for On -Call Class A Contractor Service on September 26, 2023. Coastal Paving & Excavating was the only responsive bidder with a total bid price of $204,700.00. The bid tab is included to this report as Attachment 2. The City has verified that Coastal Paving & Excavating has an active Department of Industrial Relations (DIR) registration, contractor’s license, and City of Salinas business license. Staff recommends that the City Council approve a Resolution awarding the contract to Coastal Paving & Excavating for the East Market Street Cycle Track Quick Build Project, in the amount of $204,700.00.

CEQA CONSIDERATION:

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

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STRATEGIC PLAN INITIATIVE:

This item supports the City Council’s goals 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 oversees construction projects.

FISCAL AND SUSTAINABILITY IMPACT:

The construction costs a summarized below:

Base Bid $204,700.00
Contingencies (20%) $41,000.00
Construction Engineering (8%) $16,400.00
Administration Overhead $50,000.00 Total Estimated Construction Costs $ 312,100.00
Sufficient funding is available for to execute the project.

ATTACHMENTS:

Resolution
Attachment 1: Resolution 22812
Attachment 2: Bid Tab
Attachment 3: East Market Street Cycle Track Quick Build Project Plans Attachment 4: Specifications

RESOLUTION No. _______ (N.C.S.)

A RESOLUTION APPROVING THE PROJECT PLANS AND SPECIFICATIONS FOR

THE EAST MARKET STREET CYCLE TRACK QUICK BUILD PROJECT AND

AWARDING A CONTRACT TO COASTAL PAVING & EXCAVATING

FOR THE EAST MARKET STREET CYCLE TRACK QUICK BUILD PROJECT IN THE AMOUNT OF $204, 700.00

WHEREAS, City staff has completed plans, and specifications for the East Market Street Cycle Track Quick Build Project; and

WHEREAS, City staff initiated a call for bid process amongst contractors under the Master Services Agreement for On -Call Class A Contractor Service on September 26, 2023; and

WHEREAS, the City received one proposal from Coastal Paving & Excavating on October 18, 2023 in the amount of $204,700.00; and

WHEREAS, Coastal Paving & Excavation has the required licenses and DIR registration; and

WHEREAS, the project is estimated to be fully funded using grant funds; 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 consist of minor alteration of an existing City street.

NOW, THEREFORE, BE IT RESOLVED BY THE SALINAS CITY COUNCIL approves the Plans and Specifications for the East Market Street Cycle Track Quick Build Project; and

BE IT FURTHER RESOLVED that the Salinas City Council awards a contract to Coastal Paving & Excavating for the East Market Street Cycle Track Quick Build Project in the amount of $204,700.00.

PASSED AND APPROVED this 14th day of November 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

_________________________________

Kimbley Craig, Mayor
ATTEST:

_________________________
Patricia M. Barajas, City Clerk

RESOLUTION NO. 22812 (N.C.S.)

A RESOLUTION TO: 1) AUTHORIZE THE ACCEPTANCE OF 2023 REGIONAL

SURFACE TRANSPORTATION PROGRAM GRANT FUNDS IN THE AMOUNT OF $326,000.00; 2) AUTHORIZE THE ESTABLISSHMENT OF A NEW CIP ACCOUNT NAMED “EAST MARKET STREET CYCLE TRACK QUICK BUILD PROJECT”; 3)

AUTHORIZE THE PUBLIC WORKS DIRECTOR TO EXECUTE ALL AGREEMENTS

AND ANY REQUIRED PAPERWORK WITH THE TRANSPORTATION AGENCY OF MONTEREY COUNTY FOR THE 2023 REGIONAL SURFACE TRANSPORTANTION PROGRAM GRANT FUND.

WHEREAS, on September 14, 2021, the City Council adopted the City of Salinas Vision Zero Action Plan; and

WHEREAS, the plan identified the segment of East Market Street as having the highest number of bicycle involved collisions in the City over a recent of 10 year period; and

WHEREAS, the City submitted an application for grant funding to improve the safety and comfort of existing bike lane facilities, and the project was selected to receive $326,000.00 and the City is not responsible for any matching funds; and

WHEREAS, the City may need to enter into grant agreements or submit paperwork to the Transportation Agency of Monterey County for the grant funding, and staff recommends that the Council authorize the director to execute all agreements and any required paperwork with the Transportation Agency of Monterey County for the 2023 Regional Surface Transportation Program Grant; 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 by the Salinas City Council approves a Resolution authorizing the establishment of a new CIP Account named, “East Market Street Cycle Track Quick Build Project”.

BE IT FURTHER RESOLVED that the Salinas City Council approves a Resolution authorizing the acceptance of 2023 Regional Surface Transportation Program Grant funds in the amount of $326,000.00.

BE IT FURTHER RESOLVED that the Salinas City Council approves a Resolution to Authorizing the Public Works Director to execute all agreements and any required paperwork with the Transportation Agency of Monterey County for the 2023 Regional Surface Transportation Program Grant.

DocuSign Envelope ID: CF06E284-BF39-4DF7-9235-6D45419DCA90

PASSED AND APPROVED this 10th day of October 2023, by the following vote:

AYES: Councilmembers Barrera, Osornio, Rocha, Sandoval and Mayor Craig

NOES: None

ABSENT: Councilmembers Gonzalez, McShane

ABSTAIN: None

APPROVED:

_______________________
Kimbley Craig, Mayor

ATTEST:

____________________________
Patricia M. Barajas, City Clerk

DocuSign Envelope ID: CF06E284-BF39-4DF7-9235-6D45419DCA90

East Market Street Cycle Track Quick Build Project
Item # Item Description QuantityMeasure Unit Price Item Total Unit Price Item Total 1 Mobilization 1 LS $ 30,000.00 $ 30,000.00 $ 20,000.00 $ 20,000.00 2 Erosion & Sediment Control Plan 1 LS $ 3,000.00 $ 3,000.00 $ 3,500.00 $ 3,500.00 3 Traffic Control System 1 LS $ 30,000.00 $ 30,000.00 $ 25,000.00 $ 25,000.00 4 Furnish and Install Sign and Post 3 EA $ 1,140.00 $ 3,420.00 $ 1,500.00 $ 4,500.00 5 Cycle Track Median Detail A 65 EA $ 1,950.00 $ 126,750.00 $ 2,000.00 $ 130,000.00 6 Cycle Track Median Detail B 1 EA $ 7,530.00 $ 7,530.00 $ 10,000.00 $ 10,000.00 7 Cycle Track Median Detail C 1 EA $ 3,930.00 $ 3,930.00 $ 5,000.00 $ 5,000.00 8 Curb Markings 67 LF $ 13.28 $ 889.76 $ 100.00 $ 6,700.00 Coastal Paving &
Excavating Estimate
$204,700
Bid Opening: October 18, 2023
Base Bid
Bid Total (Items 1-8) (For Comparison Only) $205,520
PROJECT MANAGER: Jonathan Hernandez
Engineer's Estimate
1 of 1 F:\Preliminary E Market St Cycle Track Quick Build Project Bid Tab

TABLE OF CONTENTS

SECTION PAGE NO.

PART A – CITY OF SALINAS FORMS AND MEMORANDUM ................................................... 7 INSTRUCTIONS FOR PREPARATION OF STATEMENT OF COMPLIANCE ...... 9 CITY OF SALINAS FRINGE BENEFIT STATEMENT ........................................... 10 CITY OF SALINAS PUBLIC WORKS PAYROLL REPORTING FORM ............... 11 EXHIBIT 16-B: DLA SUBCONTRACTING REQUEST ................................................................. 12 CEM-1201: SUBCONTRACTING REQUEST .................................................................................. 14 PART B – SPECIAL PROVISIONS ..................................................................................................... 16 SECTION 1 SPECIFICATIONS AND PLANS ...................................................................... 17 SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS .................................... 17 2-1.1 GENERAL ............................................................................................................... 17 2-1.2 EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT AND SITE OF WORK ...................................................................................................................... 18 2-1.3 BID PROTEST FEE................................................................................................. 18 SECTION 3 AWARD AND EXECUTION OF CONTRACT ............................................... 19 SECTION 4 BEGINNING OF WORK, TIME OF COMPLETION, LIQUIDATED DAMAGES AND TEMPORARY SUSPENSION OF WORK.............................................. 21 SECTION 5 GENERAL ............................................................................................................ 22 SECTION 5-1 MISCELLANEOUS ..................................................................................................... 22 5-1.1 LABOR NONDISCRIMINATION ......................................................................... 22 5-1.2 WAGE DETERMINATION .................................................................................... 22 5-1.3 DIR REGISTRATION ............................................................................................. 23 5-1.4 SUBCONTRACTING ............................................................................................. 23 5-1.5 SOUND CONTROL REQUIREMENTS ................................................................ 24 5-1.6 WORK TO BE DONE BY OTHERS ...................................................................... 24 5-1.7 DISCREPANCIES ................................................................................................... 24 5-1.8 PERMITS AND LICENSES .................................................................................... 24 5-1.9 INCREASE OR DECREASE QUANTITY ............................................................. 25 5-1.10 ITEMS NOT LISTED .............................................................................................. 25 5-1.11 LEGAL RELATIONS AND RESPONSIBILITIES AND MAINTAINING TRAFFIC ................................................................................................................. 25 5-1.12 INSPECTIONS AND CONTROL OF WORK........................................................ 29 5-1.13 CLOSING OF UNINSPECTED WORK ................................................................. 29 5-1.14 COORDINATION AND COOPERATION ............................................................ 29

SECTION PAGE NO.

5-1.15 OPEN AND/OR TRENCH EXCAVATIONS DEEPER THAN FOUR FEET BELOW THE SURFACE ........................................................................................ 29 5-1.16 GRAFFITI ................................................................................................................ 30 5-1.17 PUBLIC SAFETY.................................................................................................... 30 5-1.18 AREAS FOR CONTRACTOR’S USE .................................................................... 32 SECTION 6 SAFETY AND HEALTH .................................................................................... 32 6-1.1 CONTRACTOR’S RESPONSIBILITY FOR SAFETY ......................................... 32 6-1.2 SAFETY MEASURES ............................................................................................ 32 6-1.3 CONFINED SPACE SAFETY ................................................................................ 32 6-1.4 PERSONAL HYGIENE .......................................................................................... 33 6-1.5 PUBLIC SAFETY AND CONVENIENCE............................................................. 33 6-1.6 WARNINGS AND BARRICADES ........................................................................ 33 6-1.7 FIRE PREVENTION ............................................................................................... 33 6-1.8 SAFETY HELMETS, CLOTHING AND EQUIPMENT ....................................... 34 6-1.9 HAZARDOUS AREAS ........................................................................................... 34 6-1.10 EMERGENCIES ...................................................................................................... 34 6-1.11 SUBMITTALS ......................................................................................................... 34 6-1.12 IMPLEMENTATION .............................................................................................. 35 6-1.13 PAYMENT .............................................................................................................. 35 SECTION 7 DISPOSAL ........................................................................................................... 35 7-1.1 DISPOSAL OF MATERIAL OUTSIDE THE RIGHT OF WAY .......................... 35 SECTION 8 MATERIALS ....................................................................................................... 37 SECTION 8-1 MISCELLANEOUS ..................................................................................................... 37 8-1.1 GENERAL ............................................................................................................... 37 8-1.2 MATERIAL TESTING ............................................................................................ 37 8-1.3 SUBSTITUTIONS ................................................................................................... 37 SECTION 9 DESCRIPTION OF PROJECT .......................................................................... 37 SECTION 10 CONSTRUCTION DETAILS .......................................................................... 38 SECTION 10-1 GENERAL .................................................................................................................. 38 10-1.1 ORDER OF WORK ................................................................................................. 38 10-1.2 LEGAL ..................................................................................................................... 38 10-1.3 INSPECTION AND CONTROL OF WORK .......................................................... 39 10-1.4 FINAL INSPECTION AND CLEANUP ................................................................. 39 10-1.5 WORKMANSHIP .................................................................................................... 39 10-1.6 PROGRESS SCHEDULE ........................................................................................ 39 DEFINITIONS ......................................................................................................... 40 SUBMITTALS ......................................................................................................... 40 COORDINATION ................................................................................................... 41 PROGRESS MEETINGS ........................................................................................ 41 PRODUCTS ............................................................................................................. 42 EXECUTION ........................................................................................................... 44 10-1.7 OBSTRUCTIONS .................................................................................................... 44 10-1.8 UTILITY DETERMINATION ................................................................................ 44

SECTION PAGE NO.

10-1.9 COORDINATION AND COOPERATION WITH UTILITY COMPANIES AND OTHER CONTRACTORS ...................................................................................... 45 10-1.10 UNDERGROUND OBSTRUCTIONS .................................................................... 45 10-1.11 EXAMINATION OF SITE ...................................................................................... 46 10-1.12 SUBMITTALS/DRAWINGS OF RECORD/CRITERIA FOR FURNISHING PLANS AND SPECIFICATIONS TO CONTRACTOR......................................... 46 10-1.13 WATERING ............................................................................................................ 48 10-1.14 CONSTRUCTION EASEMENTS .......................................................................... 48 10-1.15 CONSTRUCTION SURVEYS AND STAKING .................................................... 49 10-1.16 ARBITRATION ....................................................................................................... 49 10-1.17 NOTICE OF POTENTIAL CLAIM ........................................................................ 49 10-1.18 CLAIMS ................................................................................................................... 50 10-1.19 PUBLIC CONTRACTS CODE 9204 PUBLIC WORKS PROJECT ...................... 50 10-1.20 PROTECTION OF SITE AND PUBLIC SAFETY ................................................. 53 10-1.21 TRAFFIC CONTROL.............................................................................................. 53 10-1.22 DUST CONTROL.................................................................................................... 55 10-1.23 RECYCLING AND CLEANUP .............................................................................. 55 10-1.24 SCHEDULE OF VALUES ...................................................................................... 56 10-1.25 PRESERVATION OF PROPERTY ........................................................................ 56 10-1.26 ENVIRONMENTAL/POLLUTION PREVENTION REQUIREMENTS .............. 56

STORMWATER POLLUTION PREVENTION PLAN PREPARATION,
APPROVAL, AND UPDATES ............................................................................... 57 SWPPP IMPLEMENTATION ................................................................................ 59 CONSTRUCION SITE MANAGEMENT .............................................................. 62 PAYMENT .............................................................................................................. 62 DEWATERING ....................................................................................................... 63 10-1.27 CHANGES IN WORK............................................................................................. 64 10-1.28 FINISHING ROADWAY ........................................................................................ 64 10-1.29 CLEAN UP .............................................................................................................. 64 SECTION 11 ITEMS OF WORK ............................................................................................ 64 SECTION 11-1 GENERAL .................................................................................................................. 64 11-1.1 MOBILIZATION ..................................................................................................... 65 SECTION 12 ITEMS OF CONSTRUCTION ........................................................................ 65 SECTION 12-1 CLOSURE REQUIREMENTS AND CONDITIONS ............................................ 65 12-1.1 GENERAL ............................................................................................................... 65 SECTION 12-2 CONCRETE FACILITIES ........................................................................................ 66 12-2.1 GENERAL ............................................................................................................... 66 SECTION 12-3 MISCELLANEOUS FACILITIES ........................................................................... 68 12-3.1 ADJUST EXISTING WATER VALVE, P G &E MANHOLE, GAS VALVE, AND OR VAULT; A T &T MANHOLE AND OR VAULTS TO FINISHED GRADE (N I C, BY OTHERS) ...................................................................................................... 68 SECTION 13 SIGNING ............................................................................................................ 69 SECTION 13-1 SIGNING .................................................................................................................. 69 13-1.1 GENERAL ............................................................................................................... 69 13-1.2 TEMPORARY TRAFFIC SIGNS AND TRAFFIC CONTROL SIGNS ................ 69

SECTION PAGE NO.

13-1.3 TRAFFIC SIGNS ..................................................................................................... 69 13-1.4 PAYMENT .............................................................................................................. 69 PART C – MISCELLANEOUS STANDARD PLANS AND DETAILS ........................................ 71

CONSTRUCTION AND DEMOLITION (C&D) DIVERSION REQUIREMENTS AND INSTRUCTIONS ................................................................................................ 72 C&D WASTE REDUCTION AND RECYCLING PLAN .......................................... 74 C&D WASTE REDUCTION AND RECYCLING REPORT ..................................... 75 C&D WASTE REDUCTION AND RECYCLING GUIDE ........................................ 77

SALINAS VALLEY RECYCLES - C&D WASTE REDUCTION AND RECYCLING FLYER ......................................................................................................................... 79 DETAIL A .................................................................................................................... 81 DETAIL B .................................................................................................................... 82

6 LOCATION MAP
NTS

7 PART A – CITY OF SALINAS FORMS AND MEMORANDUM

8 I do hereby certify under penalty of perjury:

CITY OF SALINAS STATEMENT OF COMPLIANC

(1) That I pay or supervise payment to employees of the above-referenced contractor on the above-referenced contract. All persons employed on said project for the above-referenced time period have been paid their full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said contractor from the full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person other than permissible deductions. (2) That any payrolls otherwise under this control required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less that the applicable wages rates:
(a) Specified in the applicable wage determination incorporated into the contract; (b) Determined by the Director of Industrial Relations for the county or counties in which the work is performed; that the classification set forth therein for each laborer or mechanic conform with the work he or she performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency.
(4) That fringe benefits as listed in the contract:
(a) Have been or will be paid to the approved plan(s), fund(s), or program(s) for the benefit of listed employee(s), except as noted below.
(b) Have been paid directly to the listed employee(s), except as noted below. (c) See exceptions noted below.

EXCEPTION CRAFT EXPLANATION

REMARKS

NAME (PLEASE PRINT) TITLE

SIGNATURE DATE
On federally-funded projects, permissible deductions are defined in Code of Federal Regulations, Title 29, Part 3.

Also, the willful falsification of any of the above statements may subject the contractor or subcontractor to civil or criminal prosecution (see United States Code, Title 18, Section 1001 and Title 31, Section 3729).

ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION FORM CEM-2503 (REV 05/2019)

CONTRACTOR/SUBCONTRACTOR CONTRACT NUMBER

DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION NUMBER CONTRACTORS STATE LICENSE BOARD NUMBER

FIRST DAY AND DATE OF PAY PERIOD LAST DAY AND DATE OF PAY PERIOD

CITY OF SALINAS

STATEMENT OF COMPLIANCE

9 INSTRUCTIONS FOR PREPARATION OF STATEMENT OF

COMPLIANCE

This statement of compliance meets needs of the state and federal payroll requirements to pay fringe benefits in addition to payment of the minimum rates. The contractor's obligation to pay fringe benefits may be met by payment of the fringes to the various preapproved plans, funds, or programs or by making these payments directly to the employees as part of their weekly wage payments.

The contractor must show on the face of his or her payroll all monies paid to the employees whether as basic rates or total hourly wage amount in lieu of fringes. The contractor shall report in the statement of compliance that he or she is paying to others fringes required by the contract and not paid directly to the employees in lieu of fringes.

INSTRUCTIONS:

Contractors required to pay Federal Wage Rates:

Such a contractor shall check paragraph 2(a) of the statement to indicate that the wage rates for laborers or mechanics contained in the payroll are not less than the applicable wage rates specified in the applicable wage determination incorporated into the contract.

Contractors required to pay the State Prevailing Wage Rates as determined by the Director of Industrial Relations:

Such a contractor shall check paragraph 2(b) of the statement to indicate that the wage rates for laborers or mechanics contained in the payroll are not less than the applicable wage rates determined by the Director of Industrial Relations for the county or counties in which the work is performed.

Contractor who pay all required fringe benefits:

A contractor who pays fringe benefits to approved plans, funds, or programs in amounts not less than were determined in the applicable wage decisions shall continue to show on the face of his or her payroll the basic hourly rate and overtime rate paid to his or her employees, just as he or she has always done. Such a contractor shall check paragraph 4(a) of the statement to indicate that he or she is also paying approved plans, funds, or programs within the times required for the receipt of those sums, not less than the amount predetermined as fringe benefits for each craft. Any exception shall be noted in Section 4(c).

Contractors who pay no fringe benefits:

A contractor who does not pay fringe benefits to an approved plan shall pay a like amount to the employee. This payment can be reported by inserting in the straight time hourly rate column of his or her payroll an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classification in the applicable wage decision. Inasmuch as it is not necessary to pay time and a half on wages paid in lieu of fringes, the overtime rate shall be not less than one and one-half the basic predetermined rate, plus the required cash in lieu of fringes at the straight time rate. To simplify computation of overtime, it is suggested that the straight time basic rate and payment in lieu of fringes be separately stated in the hourly rate column. In addition, the contractor shall check paragraph 4(b) of the statement to indicate that he or she is paying fringe benefits directly to his or her employees. Any exceptions shall be noted in Section 4(c).

Use of Section 4(c), Exceptions:

Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determination required is obligated to pay the deficiency directly to the employees as wages in lieu of fringes. Any exceptions to Section 4(a) and 4(b), whichever the contractor may check, shall be entered in Section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid the employees as wages in lieu of fringes, and the hourly amount paid to plans, funds, or programs as fringes (see United States Code, Title 18, Section 1001 and Title 31, Section 3729).

10 CITY OF SALINAS FRINGE BENEFIT STATEMENT

CONTRACTOR OR SUBCONTRACTOR (Please Print) CONTRACT NUMBER DATE

DEPARTMENT OF INDUSTRIAL REGISTRATION
NUMBER

CONTRACTORS STATE LICENSE

BOARD NUMBER FEDERAL-AID PROJECT NUMBER
TO: RESIDENT ENGINEER OR DISTRICT LABOR COMPLIANCE OFFICER City of Salinas, Department of Public Works
Leticia Altamirano, PW Labor Compliance Officer
200 Lincoln Avenue | Salinas | CA 93901

BUSINESS ADDRESS
Labor Compliance uses the following fringe benefits information (shown or referenced on wage rate determinations) paid to or on behalf of employees in various crafts or classifications to check payroll or apply to force account work on the above contract.

COMPLETE AND SUBMIT THIS FORM WITH THE FIRST CERTIFIED PAYROLL OR WHEN THERE HAVE BEEN CHANGES.

Classification Fringe Benefit Hourly Amount Name and Address of Plan, Fund, or Program

Effective Date

Subsistence and/or Travel Pay

$

Vacation $

Health and
Welfare $

Pension $

Apprentice or
Training Fees $

Other $

Classification Fringe Benefit Hourly Amount Name and Address of Plan, Fund, or Program

Effective Date

Subsistence and/or Travel Pay
$

Vacation $

Health and
Welfare $

Pension $

Apprentice or
Training Fees $

Other $

Classification Fringe Benefit Hourly Amount Name and Address of Plan, Fund, or Program

Effective Date

Subsistence and/or Travel Pay

$
Vacation $

Health and
Welfare $

Pension $

Apprentice or
Training Fees $

Other $

I certify under penalty of perjury that fringe benefits are paid to the approved Plans, Funds, or Programs listed above.

NAME AND TITLE (Please Print)

ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION FORM CEM-2501 (REV 05/2019)

SIGNATURE

BUSINESS TELEPHONE NUMBER

11 CITY OF SALINAS PUBLIC WORKS PAYROLL REPORTING FO

CITY OF SALINAS

PUBLIC WORKS PAYROLL REPORTING FORM

12 EXHIBIT 16-B: DLA SUBCONTRACTING REQUEST

13 14
CEM-1201: SUBCONTRACTING REQUEST

15 16
PART B –

SPECIAL PROVISIONS

17 CITY OF SALINAS

PUBLIC WORKS DEPARTMENT

EAST MARKET STREET CYCLE TRACK QUICK BUILD PROJECT
SECTION 1 SPECIFICATIONS AND PLANS
All work to be done under this Contract shall conform to the applicable requirements of the City of Salinas, Engineering and Transportation Department, Design Standards and Standard Specifications (Latest Edition), herein referred to as the Standard Specifications. The State Standard Specifications and Standard Plans, 2022 Edition, herein referred to as State Standard Specifications, shall be used.

In the event of conflict between the Specifications and these Special Provisions, the latter shall take precedence over and be used in lieu of such conflicting portions. The listing of certain salient sections from the Standard Specifications and these Special Provisions shall not in any way relieve the Contractor of complying with each and every section of the Standard Specifications.

Wherever in the Special Provisions, Notice to Bidders, Proposal, Contract or other Contract documents the following terms are used; the intent and meaning shall be interpreted as follows:

State - City of Salinas
Public Works Department - City of Salinas
Director - City of Salinas
Division of Highways - City of Salinas
Engineer - City Engineer
Local Public Agency - City of Salinas
Owner - City of Salinas
SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS
2-1.1 GENERAL
The Bidder’s attention is directed to the provisions in Section 2, “Proposal Requirements and Conditions”, of the Standard Specifications and these Special Provisions for the requirements and conditions which he/she shall observe in the preparations of the Proposal form and the submission of the Bid. The City reserves the right to award or withhold award of the project.

Each Proposal shall have listed therein the portion of work that shall be done by each Subcontractor listed.

A sheet for listing the Subcontractors is included in the Proposal. An Exhibit 16-B Form from the Local Assistance Procedures Manual (Latest Edition) and the a CEM-1201 from the Caltrans Construction Manual (Latest Edition) must be submitted for every sub-contractor regardless of tier prior to work being performed.

18 The form of Bidder’s Bond mentioned in the last paragraph within the Provisions in Section 2, “Proposal Guaranty”, of the City of Salinas Standard Specifications shall be found following the signature page of the Proposal.
2-1.2 EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT AND SITE OF WORK
The Bidder shall examine carefully the site of work contemplated, the Plans and Specifications, and the Proposal and Contract Forms therefore. The submission of a Bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the Proposal, Plans, Specifications, and the Contract.

All questions about the meaning or intent of the Contract Documents shall be submitted to the City of Salinas through the project page on the Planet Bids website. Replies will be issued by Addenda electronically on-line through the PlanetBids Vendor Portal website and ONLY to Bidders who are registered Prospective Bidders for this project. Questions received less than 9 calendar days prior to the date of the opening of bids will not be answered. Only questions answered by Addenda will be binding.

Oral and other interpretations or clarifications will be without legal effect.

Bidder is cautioned to make such independent investigation and examination as he/she deems necessary to satisfy himself/herself as to conditions to be encountered in the performance of the work and with respect to possible local material sources, the quality, and quantity of material available from such property, and the type and extent of processing that may be required in order to produce material conforming to the requirements of these Special Provisions.

The availability or use of information described within the Provisions in Section 2-1.01 is not to be construed in any way as a waiver of the Provisions of the first paragraph of the State Standard Specification in Section 2-1.01 of these Special Provisions, and the Bidder is cautioned to make such independent investigation and examination as he/she deems necessary to satisfy himself/herself as to conditions to be encountered in the performance of the work and with respect to possible local material sources, the quality, and quantity of material available from such property and the type and extent of processing that may be required in order to produce material conforming to the requirements of these Special Provisions.

No information derived from inspection of records of investigation or compilation thereof made by the City of Salinas or from the City Engineer, or his/her assistants, shall in any way relieve the Bidder or Contractor from any risk or from properly fulfilling the terms of the Contract.

No information derived from inspection of records of investigation or compilation thereof made by the City of Salinas or from the City Engineer, or his/her assistants, shall in any way relieve the Bidder or Contractor from any risk or from properly fulfilling the terms of the Contract. 2-1.3 BID PROTEST FEE
Bid protests are limited to “Bidders” as defined in the Contract Documents. Any Bid protest must be submitted in writing to The City Clerk before 5 o’clock p.m. (as determined by the clock in the City Clerk’s Office) within 3 working days after Bid opening.

19 (a) Any protest of the proposed award of bid to the bidder deemed the lowest responsible bidder must be submitted in writing to the City no later than 5:00 P.M. within 3 working days following the date of the bid opening. If a bidder protests more than one bid, the bidder shall file a separate protest as to each bid being protested, complying with this section. (b) The initial protest document must contain a complete statement of the basis for the protest. The protest must refer to the specific portion of the document or the specific statute that forms the basis for the protest. The protest must include the name, address and telephone number of the person representing the protesting party. The protest must be signed and submitted under penalty of perjury.
(c) The party filing the protest must concurrently transmit a copy of the initial protest document and any attached documentation to the bidder whose bid is being protested, as well as to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other Bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. Faxed or emailed copies are acceptable, with confirmation of receipt by the bidder or person to whom it was sent. (d) The protestor must have actually submitted a bid on the Project or have been specifically excluded from submitting a bid due to an action by the City. A subcontractor of a party submitting a bid on this Project may not submit a bid protest. A party may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.
(e) The City Council shall hear the bid protest prior to adopting a resolution authorizing the bid award and execution of the contract. In cases where the contract is not executed by the City pursuant to City Council Resolution, the bid protest shall be heard by the City Council prior to the time the City issues a notice to proceed or the appropriate City official executes the contract on behalf of the City. The decision of the Council shall be final.
(f) The protestor shall also submit a non-refundable fee of $1,000.00 per protest via certified check made payable to the City of Salinas to reimburse its costs in reviewing and investigating the bid protest. Any protest submitted without the fee shall be returned without further action by the City. (g) Any protest not complying with this section shall be returned without further action by the City. (h) The procedure and time limits set forth in this paragraph are mandatory and are the Bidder’s sole and exclusive remedy in the event of bid protest. Bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or any legal proceedings.

SECTION 3 AWARD AND EXECUTION OF CONTRACT
The Contractor’s attention is directed to the Provisions in Section 3, “Award and Execution of Contract”, of the City of Salinas Standard Specifications and Section 2 “Proposal Requirements and Conditions” of these Special Provisions for the requirements and conditions concerning award and execution of the Contract.

20 If the Agency awards the contract, the award is made to the lowest responsible bidder. The City reserves the right to reject all proposals, depending on available funding.

The Contract shall be executed by the successful Bidder and shall be returned, together with the Contract bonds, to the Agency so that it is received within 15 working days, not including Saturdays, Sundays and legal holidays, after the Bidder has received the Contract for execution. Failure to do so shall be just cause for forfeiture of the proposal guaranty. The executed Contract documents shall be delivered to the following address: City of Salinas, Attn: City Clerk, 200 Lincoln Avenue, Salinas CA 93901.

A "Local Agency Bidder DBE Commitment (Construction Contract), Exhibit 15-G" form is included in the proposal to be executed by the successful bidder. The purpose of the form is to collect data required under 49 CFR 26. Even if no DBE participation will be reported, the successful bidder must execute and return the form.

The successful bidder's "Local Agency Bidder DBE Commitment (Construction Contract), Exhibit 15-G" form should include the names, addresses and phone numbers of DBE firms that will participate, with a complete description of work or supplies to be provided by each, and the dollar value of each DBE transaction. When 100 percent of a contract item of work is not to be performed or furnished by a DBE, a description of the exact portion of that work to be performed or furnished by that DBE should be included in the DBE information, including the planned location of that work. A successful bidder certified as a DBE should describe the work it has committed to performing with its own forces as well as any other work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies.

The successful bidder is encouraged to provide written confirmation from each DBE that the DBE is participating in the contract. A copy of a DBE's quote will serve as written confirmation that the DBE is participating in the contract. If a DBE is participating as a joint venture partner, the successful bidder is encouraged to submit a copy of the joint venture agreement.

The “Local Agency Bidder DBE Commitment (Construction Contract), Exhibit 15-G” form shall be completed and returned to the City within 5 working days after bid opening.

Certificates of Insurance shall be furnished by the Contractor and shall be returned with the signed Contract and Contract bonds within 15 calendar days after receipt. The Notice to Proceed with the work shall not be issued by the City Clerk’s office until all such documents are submitted.

The Contractor shall have 30 calendar days immediately following award of Contract (not notice to proceed) to furnish materials submittals.

In determining the lowest “responsible” Bidder, consideration shall be given to the general competency of Contractor in regard to the work covered by the Proposal. To this end each Proposal shall be supported by the “Bidder’s Statement of Financial Responsibility, Technical Ability, and Experience” on the form(s) found herein. Failure of the Bidder to provide requested information in a complete and accurate manner shall be considered non-responsive resulting in rejection of the Bid. Additionally, the City of Salinas reserves the right to disqualify or refuse to consider a Proposal if a Bidder is in default for any of the following reasons:

21 a) Lack of competency and adequate machinery, plant, and other equipment, as revealed by the documents requested.
b) Uncompleted work, which in the judgment of the City Engineer, might hinder or prevent the prompt completion of additional work if awarded.
c) Failure to comply with any regulation of the City of Salinas; and d) Default under previous Contracts.

If awarded, this Contract shall be awarded to the responsible Bidder submitting the lowest Bid who meets the financial and technical requirements. The City of Salinas reserves the right to withhold award of Bid for 120 calendar days from the Bid opening date.

SECTION 4 BEGINNING OF WORK, TIME OF COMPLETION,

LIQUIDATED DAMAGES AND TEMPORARY SUSPENSION OF WORK
The Contractor’s attention is directed to the Provisions of Section 8, “Prosecution and Progress”, Section 8-1.03, “Beginning of Work”, Section 8-1.06, “Time Completion”, of the City of Salinas Standard Specifications and also (Section 8-1.10, “Liquidated Damages”, of the State Standard Specifications) and the following Provisions:

The Contractor shall furnish the City Engineer with a statement from the vendor that the order for the electrical materials from the vendor required for this Contract has been received and accepted by said vendor and said statement shall be furnished within 10 calendar days of receipt of approved submittals after the Notice to Proceed. Said statement shall give the date that the electrical materials shall be shipped.

If the Contractor has the necessary materials on hand, he/she shall not be required to furnish said vendor’s statement.

The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed. This work shall be diligently prosecuted to completion before the expiration of 45 WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed (this does not include the allotted 30 calendar days for material submittals, the ordering, and receiving of materials).

A working day shall be any day other than a legal holiday, Saturday, or Sunday or designated non-workday on which the normal working forces of the Contractor should proceed with regular work for at least 6 hours toward completion of the Contract. If the Contractor schedules work on designated non-work day(s) such as weekend or holidays, the Contractor shall reimburse the City of Salinas for inspection services rendered by the City of Salinas for said services during applicable non-working days unless the City requires the Contractor to work on a non-working day.

The Contractor shall pay to the City of Salinas the sum of $1,000.00 per day, for each and every calendar day delay in finishing the work in excess of the number of working days prescribed above.

Before work may begin, a pre-construction conference shall be held at the office of the City Engineer for the purpose of discussing with the Contractor the scope of work, Contract Plans, Specifications, existing conditions, materials to be ordered, equipment to be used, and all essential matters pertaining to the

22 prosecution of and the satisfactory completion of the project as required. The Contractor’s representative at this conference shall include all major superintendents for the work and may include major Subcontractors.

The first paragraph within the Provisions in Section 8-1.03 of the State Standard Specifications is amended by adding the following:

The Contractor shall notify the City Engineer, in writing, of his/her intent to begin work at least 5 calendar days in advance before work is begun for this project. The notice shall be delivered to the office of the City Engineer and shall specify the date the Contractor intends to start. If the project has more than one location of work, a separate notice shall be given for each location.

The first indented paragraph of the third paragraph within the Provisions in Section 8-1.03 of the State Standard Specifications is amended to read:

Notice in writing of the Contractor’s intention to start work prior to approval, specifying the date on which he/she intends to start, shall be given to the City Engineer at least 5 calendar days in advance.

The Contractor shall immediately comply with written order of the City Engineer to suspend work wholly or in part in accordance with the Provisions in Section 8-1.05 of the State Standard Specifications and these Special Provisions.

SECTION 5 GENERAL
SECTION 5-1 MISCELLANEOUS
5-1.1 LABOR NONDISCRIMINATION
Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations and the City’s Federal Mandated Disadvantage Business Enterprise (DBE) Program.

NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM
(GOV. CODE, SECTION 12990)
Your attention is called to the “Nondiscrimination Clause”, set forth in the Provisions in Section 7 1.02I(2), “Labor Nondiscrimination”, of the State Standard Specifications, which is applicable to all nonexempt State Contracts and Subcontracts, and to the “Standard California Nondiscrimination Construction Contract Specifications” set forth therein. The Specifications are applicable to all nonexempt state construction Contracts and Subcontracts of $5,000 or more.
5-1.2 WAGE DETERMINATION
The higher wage rate, BASIC WAGE RATES (State Prevailing Wage rate) or Davis-Bacon Wage Rates, shall be applicable to this Contract.

All wage scales shall be in accordance with applicable determinations made by the Director of the Department of Industrial Relations (“DIR”) of the State of California, as provided by Article 2, Chapter 1, Division 2, Part 7 of the Labor Code of the State of California, commencing with Section 1771. In accordance with Section 1773.2 of the said Labor Code, copies of the aforesaid determinations of the Director of the DIR are available on the website address

23 http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. They shall apply to the Construction Contract and all Subcontractors thereunder.

If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and Subcontractors shall pay not less than the higher wage rate. The Department shall not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes “helper” (or other classifications based on hours of experience) or any other classifications not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and Subcontractors, the Contractor and Subcontractors shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question. The wage rates determined by the Director of DIR and published in the Department of Transportation publication entitled General Prevailing Wage Rates refer to expiration dates. If the published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, said published rate of wage shall be in effect for the life of this Contract. If the published wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on file with the DIR, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to this Contract in the same manner as if it had been published in said publication. If the predetermined wage rate refers to one or more additional expiration dates with additional predetermined wage rates, which expiration dates occur during the life of this Contract, each successive predetermined wage rate shall apply to this Contract on the date following the expiration date of the previous wage rate.

If the last of such predetermined wage rates expires during the life of this Contract, such wage rate shall apply to the balance of the Contract.

The "Statement of Compliance" and "Payroll Report" shall be on forms furnished by the City.

Reduced copies of the “Statement of Compliance” and “Payroll Report” forms are attached in Part “C” of these Specifications. No other forms shall be accepted.

Additionally, all contractors and subcontractors must furnish certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. 5-1.3 DIR REGISTRATION
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

All Contractors (prime and subs) must possess and maintain such registration with DIR in order to be awarded and to perform work on public works project. The following is the link to DIR’s Contractor Registration searchable database: Registrations (salesforce-sites.com) 5-1.4 SUBCONTRACTING
Per section 5-1.13 of the 2022 Caltrans Standard Specification, Prime contractor shall perform work equaling at least 30 percent of the value of the original total bid with your employees and with equipment you own or rent, with or without operators.

24 Prior to Issuance of Notice to Proceed, Prime contractor shall submit the “Subcontracting Request” (Exhibit 16-B and CEM 1201), which can be found in Part D of these Specifications. All subcontractors, no matter the tier, or amount of work they will perform, shall be listed on this form.

All subcontractors shall be approved prior to their work commencing.

Each subcontractor shall have an active and valid:

1. State contractor license with a classification appropriate for the work to be performed (Business & Professions Code section 700 et seq.).

2. Public Works contactor registration number with the Department of Industrial Relations.

3. City of Salinas business license.
5-1.5 SOUND CONTROL REQUIREMENTS
The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the Contract.

Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various Contract items of work involved and no additional compensation will be allowed therefore.
5-1.6 WORK TO BE DONE BY OTHERS
Miscellaneous items of work not included under the various Proposal items and as shown on the Plans, "N.I.C." and/or "By Others", will be done by others and is not a part of this Contract.

No additional compensation will be afforded for scheduling or rescheduling of work to allow for the work by others. However, time extension will be granted if Contractor's overall progress is impeded by the work of others.

Work to be done by others shall include, but is not limited to the following:

1. Relocations and adjustments of utility company facilities shall be performed by various utility companies, if necessary and as required.
5-1.7 DISCREPANCIES
Should the Contractor at any time discover any discrepancy or mistake in a drawing or Specification, any variation between dimension on drawings and measurements at site, or any lack of dimensions or other information, he/she shall report at once to the Engineer for correction and shall not proceed with work affected thereby until such correction has been made.
5-1.8 PERMITS AND LICENSES
Attention is directed to Section 7-1.04, Permits and Licenses, of the Standard Specifications, and these Special Provisions.

25 The Contractor and approved Subcontractor shall obtain all necessary licenses (a valid City of Salinas business license), Building Permit from the City’s Permit Center, City of Salinas Transportation Permit if necessary (including State Permit if applicable), and any other permits required for the project prior to beginning of construction.

All permit fees paid by the Contractor will not be reimbursed by the City of Salinas. The costs for any Underground Service Alert (“U.S.A.”) shall be borne by the Contractor.

Should the permit require specialty testing, payment for necessary materials, and specialty testing including testing results and reports are outside the scope of this Contract and shall be provided by the City of Salinas.

The costs for any retesting as a result of failed tests shall be borne by the Contractor and no additional compensation shall be allowed therefore. All testing labs shall be approved by the City Engineer prior to retesting.

The City of Salinas will provide the appropriate material testing for this project.

The Contractor shall comply with all requirements of the Division of Industrial Safety and the DIR. 5-1.9 INCREASE OR DECREASE QUANTITY
Delete Section 4-1.03B of the Standard Specifications in its entirety. The City reserves the right to increase or decrease the quantity specified in the Proposal, as deemed necessary, by more than 25% and eliminate any item or work without the adjustment of Contract Unit Prices. 5-1.10 ITEMS NOT LISTED
Items of labor and materials which are not specifically listed in the Proposal and these Special Provisions as pay items, but which are shown and/or mentioned on the Plans or are required to be done to complete the overall project, shall be considered included in other pay items, and no additional compensation will be allowed, therefore.
5-1.11 LEGAL RELATIONS AND RESPONSIBILITIES AND MAINTAINING

TRAFFIC
The Contractor's attention is directed to Section 7 of the Standard Specifications.

The Contractor’s attention is directed to the Provisions in Section 7-1.01F, “Air Pollution Control”, of the City of Salinas Standard Specifications. The Contractor shall abate dust nuisance by cleaning, sweeping, and sprinkling with water during all phases of construction including weekends, holidays, and any other times as directed by the City Engineer. The use of water or other materials that results in mud on the public streets shall not be permitted as a substitute for sweeping. The Contractor shall submit a contact phone number. The Contractor shall respond to dust control abatement requests within four (4) hours of receiving notification. Should the Contractor fail to respond to such notice, the City shall cause to have the abatement completed by any available construction team and deduct that cost from any funds due the Contractor.

Payment for dust control abatement and sweeping shall be considered as included in the contract price paid for the various items of work involved and no additional compensation shall be allowed, therefore.

The Contractor’s attention is directed to the Provisions in Section 7-1.01G, “Water Pollution”, of the City of Salinas Standard Specifications. No mud, asphalt, concrete, or cement slurry resulting from saw cutting is allowed to drain into the City’s catch basins. In compliance with the City’s NPDES permit, for sites less

26 than one-acre ground disturbance, the Contractor shall submit an Erosion & Sediment Control (ES&C) Plan for approval by the City Engineer. In compliance with the Clean Water Act (CWA) and the State’s Construction General Permit (CGP) requirements, for sites (1) disturbing one acre or greater or (2) disturbing less than one acre but are part of a larger common plan of development, the Contractor shall enroll in the State’s CGP. The Contractor must submit a Storm Water Pollution Prevention Plan (SWPPP), including the filing of a “Notice of Intent” (NOI), to the State Water Resources Control Boards (SWRCB) via SMARTs and the City for review.

The SWPPP shall contain erosion and sediment control Best Management Practices (BMPs) for the Contractor’s construction activities in accordance with the City’s NPDES permit requirements.

Construction activity subject to the State’s permit includes clearing, grading, and disturbances to the ground such as stockpiling or excavation but does not include regular maintenance activities performed to restore the original line, grade, or capacity of the facility. Construction site erosion and sediment control BMPs must be in place prior to commencement of construction. Additionally, the project must have a WDID# assigned by the State prior to initiation of grading activities. The requirements of the State’s CGP are intended to be implemented on a year-round basis, not just during rainy season (Oct 1 – Apr 30).

Payment for development and implementation of the SWPPP, as well as compliance with the City's NPDES Construction Site Management requirements shall be as included in the prices paid in Contract items of work as listed in the Proposal and no additional compensation shall be allowed therefore.

The Contractor shall comply with the requirements of CAL-OSHA, the applicable provisions of local, state, and federal regulations governing the project work.

For Traffic Maintenance, the Contractor’s attention is directed to Section 7-1.08, “Public Convenience” and Section 12-1.02, “Flagging Costs”, of the Standard Specifications and these Special Provisions.

Nothing in these Special Provisions shall be construed as relieving the Contractor from his/her responsibility as provided in said Section 12-1.02. Contractor shall provide delineators for traffic safety:

A. Whenever immediate action is required to prevent impending injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not expected to be taken, the City may, after reasonable attempts to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the City. City action or inaction under such circumstances shall not be construed as relieving the Contractor of his/her surety from liability.

B. The Contractor shall notify the Police, Fire, Traffic, Monterey-Salinas Transit, Engineering Department of jurisdictional agencies involved, affected property owners and businesses, and news media (radio, TV, newspaper) at least 48 hours in advance of any work that will delay traffic. The Contractor shall cooperate with local authorities relative to handling traffic though the area and shall make his/her own arrangements relative to keeping the working area clear of parked vehicles.

The Contractor shall also be responsible for compliance with additional public safety requirements which may arise during construction. He/she shall exercise special caution against dangerous conditions and shall provide, install and maintain temporary barricades and fencing as may be necessary to protect the public. All construction traffic control devices shall be in place and operational prior to beginning work

27 or different phases throughout the contract. During construction and within the area of work barricades, signs, lights, flashers and other safety devices shall be used by the Contractor to direct vehicular and pedestrian traffic. During any day between 9:00 a.m. and 3:30 p.m., the Contractor may limit traffic to one lane in each direction with approved traffic control measures, unless otherwise directed by the City Engineer.

During construction and within the area of work barricades, signs, lights, flashers and other safety devices shall be used by the Contractor to direct vehicular and pedestrian traffic. Unless otherwise directed by the City Engineer, the Contractor shall maintain pedestrian and two-way vehicular traffic on the streets at all times. Closing of any streets will not be allowed. Traffic safety devices shall be in good repair at all times. Traffic safety devices in need of repair or paint shall be removed immediately from the project on order of the Project Inspector. Upon completion of work, the Contractor shall promptly remove all signs and warning devices.

C. Personal vehicles of the Contractor’s employees shall not be parked on the traveled way or shoulders, including any section closed to public traffic.

Whenever vehicles or equipment are parked within six feet of a traffic lane, the shoulder area shall be closed with florescent traffic cones or portable delineators place on a taper in advance of the parked vehicles or equipment and along the roadway at 25-foot intervals to a point not less than 25 feet past the last vehicles or piece of equipment. A minimum of 9 cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed as directed by the City Engineer.

All traffic cones used on the project shall conform to the requirements for fluorescent traffic cones in said Section 7-1.09A. The top of fluorescent traffic cones used in the work during the hours of darkness as defined in Division 1, Section 280, of the California Vehicle Code, shall be covered by a 7-inch flexible vinyl reflective cone sleeve. The provisions in Section 12-1.02, "Flagging Costs", of the Standard Specifications are amended to provide that the entire cost of furnishing all flagmen will be borne by the Contractor.

D. Where work is to be performed on private properties (removal and construction of walks, driveway, etc.), the City Engineer will obtain written permission for right-of-entry from the respective owner prior to performing the work. No work shall be commenced by the Contractor until such permission has been granted and until notified by the City Engineer. The Contractor shall be responsible for any and all property damage and public liability resulting from his/her operation on said private properties.

E. Unless otherwise directed by the City Engineer, the Contractor shall at all times maintain vehicular and pedestrian access to all properties fronting City streets. The Resident City Engineer shall determine if temporary driveways will be necessary within the limits of work during construction.

Traffic shall be maintained on one-half of the street at all times. The Contractor's special attention is directed to Section 10 of the Standard Specifications regarding dust control requirements. The Contractor shall abate dust nuisance by cleaning, sweeping, and sprinkling with water, or other means as necessary during all phases of construction including weekends, holidays and any other times as necessary. Cleanup expenses to the City at various job sites due to the Contractor's failure to comply with the provisions in the Standard Specifications and these Special Provisions will be

28 charged to the Contractor. The use of water which may result in mud on public streets will not be permitted as substitute for sweeping or other materials. Payment for dust control shall be considered as included in the various pay items and no additional compensation shall be allowed, therefore.

F. The Contractor shall provide necessary safeguards and shall exercise caution against injury or defacement of any existing site improvements and plantings. The Contractor shall be responsible for any damage resulting from his/her operations and shall repair or replace such damage at his/her own expense. No trucks or vehicles of any kind shall be allowed to pass over area unless adequate protection is provided. Unless designated otherwise, all existing improvements shall be repaired or replaced, in kind, at the Contractors expense.

Temporary ramps, backfill, or covers for incomplete trenching/backfill operations shall also be furnished by the Contractor at the end of each day’s work for the protection of vehicular and pedestrian traffic.

The Contractor shall be responsible for any damage to the work which occurs before final acceptance.

He/she is to securely cover all openings into the systems and protect all apparatus, equipment or appliance, both before and after being set in place, to prevent obstructions in the pipes and breakage, misuse or disfigurement of the apparatus, equipment or appliance. Contractor shall be responsible for damage to all existing utilities, whether or not they are indicated on the drawings.

G. Contractor shall provide delineators for traffic safety until such time as all cat tracking has been performed. Cat tracking shall be completed within 8 hours of completed paving/resurfacing at the respective location and shall be maintained in a legible and traffic safety manner by the Contractor until final striping or pavement markings are in place.

H. Payment - The cost of furnishing all flagmen and police officers, and maintaining traffic as described herein and under the provisions in Section 7-1.08, "Public Convenience"," 7-1.09, "Public Safety," and Section 12-2.02, "Flagging Costs", and for complying with the provisions of these Special Provisions shall be included in the various items of work listed in the proposal, and no additional compensation shall be allowed therefore.

I. Protection of storm drain inlets and/or adjacent waterways shall be in place at all times during construction. Tracking of mud, sediment, concrete washout, trash or other construction-related materials or wastes are not allowed to be discharged in the public rights of way, on private streets, or into the City’s storm drain system. Any such discharges shall be cleaned up at the end of the current work shift in which the discharge occurred, or at the end of the current workday, whichever comes first.

J. Stockpiles shall be adequately covered to avoid contact with rainfall and prevent soil movement by water and/or wind. Runoff containing sediments shall be captured in secondary containment structures and either treated to remove sediments prior to discharge or infiltrated onsite. No release of hazardous substances such as oils, paints, thinners, fuels, concrete washout and other chemicals is allowed; if such a spill occurs that may threaten local water quality, contractor must call 911 immediately and notify City public works staff.

29 5-1.12 INSPECTIONS AND CONTROL OF WORK
In all cases where inspection of the work is required and/or where portions of the work are specified to be performed under the direction and/or inspection of the City Engineer, the Contractor shall notify the City Engineer at least 48 hours in advance of the time such inspection and/or direction is required.

The Contractor’s attention is directed to Section 5-1.08 of the Standard Specifications. In addition to the requirements of said section, the Contractor’s representative shall notify the Engineer daily of the following day’s proposed work schedule in order to plan for appropriate inspections. The Contractor’s Representative shall also submit a daily Report of the day’s construction activity for review and approval. The daily report shall contain the name, classification and detailed task listing, of all personnel and equipment, including all Subcontractors, at work that day.

All work and materials shall be subject to inspection at all times by representatives of the City Engineer.

Before starting work, the Prime Contractor shall assign a representative to:

1. Receive the City Inspector/Engineer's orders

2. Implement the City Inspector/Engineer's orders

3. Supervise the workers

4. Coordinate the Subcontractors' work

Payment for submitting the Contractor’s daily report and notification of the next day work schedule under this section shall be considered included in the various contract prices, and no additional compensation shall be allowed, therefore.
5-1.13 CLOSING OF UNINSPECTED WORK
Contractor shall not allow nor cause any of his work to be covered or enclosed until it has been inspected and approved by the City Engineer. Should any of his work be enclosed or covered before such inspection and approval he shall uncover the work at his own expense and after inspection make all repairs necessary to restore his work to its original condition.
5-1.14 COORDINATION AND COOPERATION
The Contractor shall schedule operations to cooperate and work harmoniously with City forces, Utility Companies, affected property owners and tenants, other Contractors, and the City of Salinas during the execution of this Contract; coordinating all activities to prevent unnecessary conflicts, delays, and disruptions to the progress of the project. Scheduling of construction activities should be in conformance with Caltrans Construction Site BMP SS-1 (“Scheduling”), with every effort made to perform the Grading and Clearing and Grubbing operations during dry season (May 1 – Sept 30).

The construction progress schedule under Section 8-1.04 of the Standard Specifications is required of this Contract and such schedule shall show the coordination between the Contractor and utility companies to minimize delays to the overall progress of the work.
5-1.15 OPEN AND/OR TRENCH EXCAVATIONS DEEPER THAN FOUR FEET

BELOW THE SURFACE
The Contractor shall promptly and before the following conditions are disturbed, notify the City Engineer in writing of any:

Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II or Class III disposal site in accordance with the existing law.

30 Subsurface or latent physical conditions at the site differing from those indicated.

Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

Should the conditions materially differ or do involve hazardous waste, any additional work will be per Section 4-1.05 “Changes and Extra Work” of the State Standard Specifications.

Your attention is directed to Section 9-1.10 “Arbitration”, of the Standard Specifications. In the event of a dispute as to whether the conditions materially differ or do involve hazardous waste, the Contractor shall continue to proceed with all work to be performed under the Contract and shall retain all rights provided either by Contract or by law which pertain to the resolution of any dispute or protest. 5-1.16 GRAFFITI
The Contractor shall remove all graffiti from any equipment and/or structures (any type), new or existing within the limits of project within 24 hours daily throughout the contract. The contractor shall not bring any equipment to the project site with graffiti on it.

Payment for graffiti removal, if required, shall be borne by the Contractor and no additional compensation shall be allowed, therefore.
5-1.17 PUBLIC SAFETY
The Contractor shall provide for the safety of traffic and the public in accordance with the Provisions in Section 7 1.09, “Public Safety”, of the Standard Specifications and these Special Provisions.

The Contractor shall install temporary railing (Type K) between any lanes carrying public traffic and any excavation, obstacle, or storage area when the following conditions exist:
1) Excavations – Any excavation, the near edge of which is 12’ or less from the edge of the lane, except:
a) Excavations covered with sheet steel or concrete covers of adequate thickness to prevent accidental entry by traffic or the public
b) Excavations less than 1’ deep
c) Trenches less than 1’ wide for irrigation pipe or electrical conduit, or excavations less than 1’ in diameter
d) Excavations parallel to the lane for the purpose of pavement widening or reconstruction e) Excavations in side slopes, where the slope is steeper than 4:1 f) Excavations protected by existing barrier or railing. 2) Temporarily Unprotected Permanent Obstacles – Whenever the work includes the installation of a fixed obstacle together with a protective system, such as a sign structure together with protective railing, and the Contractor elects to install the obstacle prior to installing the protective system; or whenever the Contractor, for his/her convenience and with permission of the City Engineer, removes a portion of an existing protective railing at an obstacle and does not replace such railing complete-in-place during the same day.
3) Storage Areas – Whenever material or equipment is stored within 12’ of the lane and such storage is not otherwise prohibited by these Special Provisions. Chemicals or hazardous materials shall not be stored in these areas.

The approach end of temporary railing (Type K) installed in accordance with the requirements within the Provisions in this Section “Public Safety” and in Section 7-1.09, “Public Safety”, of the Standard

31 Specifications shall be offset a minimum of 15’ from the edge of the traffic lane open to public traffic. The temporary railing shall be installed on a skew toward the edge of the traffic lane of not more than 1’ transversely to 10’ longitudinally with respect to the edge of the traffic lane. If the 15’ minimum offset cannot be achieved, the temporary railing shall be installed on the 10 to 1 skew to obtain the maximum available offset between the approach end of the railing and the edge of the traffic lane, and an array of temporary crash cushion modules shall be installed at the approach end of the temporary railing.

Temporary railing (Type K) shall conform to the Provisions in Section 12-3.08, “Temporary Railing (Type K)”, of the Standard Specifications. Temporary railing (Type K) shall conform to the details shown on the State Standard Plan No. T3. Temporary railing (Type K) fabricated prior to January 1, 1993, and conforming to the 1988 State Standard Plan No. B11 30 may be used, provided the fabrication date is printed on the required Certificate of Compliance.

The fourteenth paragraph of the Provisions in Section 12-3.08, “Temporary Railing (Type K)”, of the State Standard Specifications is amended to read:

Each rail unit placed within 10’ of a traffic lane shall have a reflector installed on top of the rail as directed by the City Engineer. A Type OM-3L or OM-3R marker panel shall also be installed at each end of railing installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. Type OM-3L or OM-3R marker panels shall conform to the Provisions in Section 82, “Markers and Delineators”; of the Standard Specifications except that the Contractor shall furnish the marker panels.

Reflectors on temporary railing (Type K) shall conform to the Provisions in the State Standard Specifications.

Temporary crash cushion modules shall conform to the Provisions in the State Standard Specifications.

Except for installing, maintaining, and removing traffic control devices whenever work is performed or equipment is operated in the following work areas the Contractor shall close the adjacent traffic lane unless otherwise provided for within these Special Provisions:

Approach speed of public traffic (posted limit)
Miles Per Hour Work Areas
Over 45 Within 6’ of a traffic lane but not on a traffic lane 35 to 45 Within 3’ of a traffic lane but not on a traffic lane The lane closure Provisions of this Section shall not apply if permanent or temporary railing or barrier protects the work area.

When traffic cones or delineators are used to delineate a temporary edge of traffic lane, the line of cones or delineators shall be considered to be the edge of traffic lane; however, the Contractor shall not reduce the width of an existing lane to less than 10’ without written approval from the City Engineer.

When work is not in progress on a trench or other excavation that required closure of an adjacent lane, the traffic cones or portable delineators used for the lane closure shall be placed off of and adjacent to the edge of the traveled way. The spacing of the cones or delineators shall be not more than the spacing used for the lane closure.

Suspended loads or equipment shall not be moved nor positioned over public traffic or pedestrians.

32 5-1.18 AREAS FOR CONTRACTOR’S USE
The street right-of-way shall be used only for purposes that are necessary to perform the required work.

The Contractor shall not occupy the right-of-way, or allow others to occupy the right-of-way, for purposes, which are not necessary to perform the required work.

SECTION 6 SAFETY AND HEALTH
6-1.1 CONTRACTOR’S RESPONSIBILITY FOR SAFETY
The Contractor certifies that he/she is experienced and qualified to anticipate and meet the safety and health requirements of this Project. For informational purposes only the Contractor shall submit to the City a copy of their Injury and Illness Prevention Program. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. This requirement will apply continuously 24 hours a day every day until final acceptance of the Work and shall not be limited to normal working hours. The duties of the City, Engineer and Inspector do not include review of the adequacy of the Contractor’s safety measures in, on, or about the site and vicinity.

A. Safety Officer: The Contractor shall designate a fully trained and responsible member of his organization at the site whose duty shall be prevention of hazards and accidents and who shall have the authority to direct work for the Contractor.

B. Safety Supervisor: The Contractor shall designate Safety Supervisors for each work site. One Safety Supervisor may be the Safety Officer. The other Safety Supervisors shall work for the Safety Officer. Each shall be fully trained for the type of work being performed and shall have authority to direct the Contractor's work.
6-1.2 SAFETY MEASURES
The Contractor shall comply with all laws, ordinances, codes, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. The Contractor shall maintain copies of all documents mentioned or referenced in this Section readily available at the site until the work is completed. In the event the Contractor fails to observe any of the necessary safety provisions, the Owner may stop the work and direct the Contractor to comply with the applicable provisions, or may order the necessary work to be done by others. All impacts, both monetary and time-related, associated with stoppage of the work in order to comply with the City's directives pertaining to safety requirements, and all costs of having the necessary work done by others shall be borne by the Contractor.
6-1.3 CONFINED SPACE SAFETY
Work performed in or about wastewater (sewage) facilities, including but not limited to manholes, pipes, tanks, basins, and structures, carries with it the high potential for exposure of workers and other persons to hazardous conditions. The Contractor is required to be especially alert to these conditions. These conditions may include, but are not be limited to, exposure to hydrogen sulfide, carbon dioxide, methane, carbon monoxide and other gases; exposure to atmospheres containing insufficient oxygen to support human life; exposure to wastewater (sewage) which may contain bacteriological, chemical, and other constituents harmful to humans; working in conditions where engulfment or entrapment of personnel may occur (such as in trench excavation); and working in structures with uneven or slippery surfaces and with difficult and limited access. Many of these environments are classified as "confined spaces" in the Federal National Institute of Occupational Safety and Health (NIOSH) regulations and/or the State of California's

33 General Industrial Safety Orders. The Contractor shall be fully familiar with, and shall strictly adhere to and comply with, the applicable sections of these documents pertaining to confined spaces. In the event of a conflict between applicable requirements, the more restrictive shall apply. Solely as an aid to the Contractor, and without assuming any liability for their completeness or for determining if they are the regulations that are currently in effect, the Owner has included excerpts from the State of California General Industry Safety Orders which the City believe are applicable to the Works. These excerpts consist of State of California, Administrative Code, Title 8, General Industry Safety Orders, Articles 107 and 108 are found at the end of these Specifications (provided by the Owner). 6-1.4 PERSONAL HYGIENE
Persons involved in the work may be exposed to disease-producing organisms in wastewater (sewage). The Contractor shall require his/her personnel to observe proper hygienic precautions, including washing of hands and other exposed portions of the body with disinfecting soap and water before eating or smoking.

Contractor shall provide Port-a-Potty for all workers at his/her expense, in compliance with all applicable laws and regulations. Proper trash management and secondary containment shall be implemented for portable chemical toilets.
6-1.5 PUBLIC SAFETY AND CONVENIENCE
The Contractor shall conduct his/her work so as to insure the least possible obstruction to traffic and inconvenience to the general public in the vicinity of the work and to insure the protection of persons and property. No road or street shall be closed to the public except with the permission of the City Engineer and the proper governmental authority. Fire hydrants on or adjacent to the work shall be accessible to fire- fighting equipment. Temporary provisions shall be made by the Contractor to insure the use of sidewalks, private and public driveways and proper functioning of gutters, sewer inlets, drainage ditches and culverts, irrigation ditches and natural water courses.
6-1.6 WARNINGS AND BARRICADES
The Contractor shall provide and maintain barricades, guards, temporary bridges and walkways, watchmen, night lights and danger signals illuminated from sunset to sunrise, and all other necessary appliances and safeguards to protect the Work, life, property, the public, excavations, equipment and materials. Barricades shall be of substantial construction and shall be painted such as to increase their visibility at night. Suitable warning signs shall be placed and illuminated at night as to show in advance where construction, barricades, or detours exist. Guard rails shall be provided for bridges or walkways over or adjoining excavations, shafts and other openings and locations where injury may occur. 6-1.7 FIRE PREVENTION
A. Fire Extinguishers and Hoses: The Contractor shall furnish and maintain fully charged fire extinguishers of the appropriate type, supplemented with temporary fire hoses wherever an adequate water supply exists, at the places where burning, welding or other operations that may cause a fire are being performed.

B. Flammable, Hazardous, or Toxic Materials: Solvents, gasoline, and other hazardous materials may be in the wastewater (sewage), and therefore, the work site may be hazardous to open flame, sparks, or unventilated occupancy. The Contractor shall take measures to ensure his personnel observe proper safety precautions when working in these areas. Only a working supply of flammable,

34 hazardous or toxic materials shall be permitted in or on any of the permanent structures and improvements and shall be removed there from at the end of each day's operations. The Contractor shall properly store flammable, hazardous or toxic materials and waste separate from the Work and stored materials for the Works in a manner that prevents contact with stormwater, spontaneous combustion or dispersion, and none shall be placed in any sewer or drain piping nor buried on the City's or other property. The Contractor shall maintain a current and up-to-date copy of all laws, ordinances, codes, rules, regulations and lawful orders of any regulatory authority having jurisdiction of control over flammable, hazardous or toxic materials and, at his/her expense, shall comply with said laws, ordinances, codes, rules, regulations and lawful orders. 6-1.8 SAFETY HELMETS, CLOTHING AND EQUIPMENT
The Contractor shall not permit any person for whom he/she is responsible or liable to enter or remain on the site of the Work unless the person is equipped with and wearing a safety helmet and other protective clothing and safety equipment as required and shall discharge from the site all persons not so equipped.

The Contractor shall post conspicuous signs at the appropriate locations warning the public and persons engaged upon the Work of this requirement.
6-1.9 HAZARDOUS AREAS
The Contractor shall not permit or allow any person or persons to enter any pipe or space containing hazardous or noxious substances or gases, or where there is an insufficient amount of oxygen to sustain life and consciousness, or any other hazardous area unless equipped with lawful and appropriate safety equipment and life supporting apparatus, and unless those entering are continually monitored and guarded by and in communication with other persons outside the space or area who are equipped in the same way, can give an alarm to others for assistance, and initiate immediate rescue operations in the event of mishap. 6-1.10 EMERGENCIES
A. Work During an Emergency: The Contractor shall perform any and all operations and shall furnish any materials and equipment necessary during an emergency endangering life or, property and, in all cases, shall notify the City Engineer of the emergency as soon as practicable, but shall not wait for instruction before proceeding to properly protect both life and property. Any additional compensation or extension of Contract Time by the Contractor on account of an emergency shall be applied for to the City.

B. Representatives for Emergencies: The Contractor shall file with the Owner a written list giving names, addresses, and telephone numbers of at least two of his/her representatives who can be contacted at any time in case of emergency. The representatives shall be fully authorized and equipped to correct unsafe or inconvenient conditions on short notice. The Contractor shall promptly notify the Owner of all changes in the listing. 6-1.11 SUBMITTALS
Prior to receiving Notice to Proceed, the Contractor shall submit to the City Engineer the following:
1) Safety Best Management Practices Plan.
2) Safe Construction Operation Plan.
3) a copy of his/her Injury and Illness Prevention Program Manual. 4) a list of safety equipment he/she will maintain on site.

35 5) the name of his/her Safety Officer and Safety Supervisor(s) who will be responsible for maintaining safety at each work site.
6) a description of any job-specific measures he/she will be using which are not contained in his/her manual.
7) Proof of current safety training for all individuals who will be working on the site.

The City shall not review these materials but shall maintain these materials for record purposes. 6-1.12 IMPLEMENTATION
It is the Contractor’s responsibility to follow his/her own safety program and provide one or more designated Safety Supervisor(s) at each work site.
6-1.13 PAYMENT
No separate payment will be made for maintaining safety and health and it shall be considered as included in the prices paid for the various Contract items of work as listed in the Proposal and no additional compensation shall be allowed, therefore.

SECTION 7 DISPOSAL
7-1.1 DISPOSAL OF MATERIAL OUTSIDE THE RIGHT OF WAY

If the Contractor elects to dispose of materials at locations other than those where arrangements have been made by the City, or, if material is to be disposed of and the City has not made arrangements for disposal of the material, the Contractor shall make arrangements for disposing of the materials outside the highway right of way and shall pay all costs involved. Arrangements shall include, but not be limited to, entering into agreements with property owners and obtaining necessary permits, licenses, and environmental clearances. Before disposing of any material outside the highway right of way, the Contractor shall furnish to the Engineer satisfactory evidence that the Contractor has entered into agreements with the property owners of the site involved and has obtained the permits, licenses and clearances.

When any material is to be disposed of outside the highway right of way, and the City has not made arrangements for disposal of the material, the Contractor shall first obtain written authorization from the property owner on whose property the disposal is to be made and the Contractor shall file with the Engineer the authorization or a certified copy thereof together with a written release from the property owner absolving the City from any and all responsibility in connection with the disposal of material on the property. Before any material is disposed of on the property, the Contractor shall obtain written permission from the Engineer to dispose of the material at the location designated in the authorization.

When material is disposed of as above provided and the disposal location is visible from a highway, the Contractor shall dispose of the material in a neat and uniform manner to the satisfaction of the Engineer.

Where the City has made arrangements with owners of land in the vicinity of a project for the disposal of materials on an owner's property, the arrangements are made solely for the purpose of providing all bidders an equal opportunity to dispose of the materials on the property. Bidders or Contractors may, upon written request, inspect the documents evidencing the arrangements between property owners and the City. The Contractor may, if the Contractor so elects, exercise any rights that have been obtained, which may be exercised by a Contractor under the arrangements, subject to and upon the conditions hereinafter set forth.

36 Such arrangements are not a part of the contract and it is expressly understood and agreed that the City assumes no responsibility to the bidder or Contractor whatsoever in respect to the arrangements made with the property owner to dispose of materials thereon and that the Contractor shall assume all risks in connection with the use of the property, the terms upon which the use shall be made, and there is no warranty or guaranty, either express or implied, as to the quantity or types of materials that can be disposed of on the property.

In those instances, in which the City has compiled "Materials Information" as referred to in Section 2-1.03, "Examination of Plans, Specifications, Contract, and Site of Work," the compilation will include the documents setting forth the arrangement made with some of the property owners for the disposal of material on those owners' properties. The inclusion of the documents therein shall not in any respect operate as a waiver of any of the provisions in this Section 7-1.01 concerning the documents. • The bidder or Contractor is cautioned to make such independent investigation and examination as the Contractor deems necessary to be satisfied as to the quantity and types of materials which may be disposed of on the property and the rights, duties and obligations acquired or undertaken under the arrangement with the property owner.
• Notwithstanding that the Contractor may elect to dispose of materials on any such property owner's property, no material may be disposed of on that property unless the Contractor has first either:
(1) Executed a document that will guarantee to hold the owner harmless from all claims for injury to persons or damage to property resulting from the Contractor's operations on the property owner's premises and also agree to conform to all other provisions set forth in the arrangement made between the City and the property owner. The document will be prepared by the Engineer for execution by the Contractor, or
(2) Entered into an agreement with the owner of the disposal site on any terms mutually agreeable to the owner and the Contractor; provided that the Contractor shall furnish to the Engineer a release, in a form satisfactory to the Engineer, executed by the owner, relieving the City of any and all obligations under the City's arrangement with the owner. • If the Contractor elects to dispose of material under (1), the use of the site shall be subject to the terms, conditions and limitations of the arrangement made between the property owner and the City and the Contractor shall pay those charges that are provided for in the arrangement made by the City with the property owner, and deductions will be made from any moneys due or that may become due the Contractor under the contract sufficient to cover the charges for the material disposed of. • If the Contractor elects to dispose of material under (2), the Contractor shall pay those charges that are provided for in the agreement between the owner and the Contractor and deductions will not be made from any moneys due or that may become due the Contractor under the contract to cover the charges. • Before acceptance of the contract, the Engineer may require the Contractor to submit written evidence that the owner of the disposal site is satisfied that the Contractor has satisfactorily complied with the provisions of either - (1), the arrangement between the City and the owner, or (2), the agreement between the owner and the Contractor, as the case may be.
• Full compensation for all costs involved in disposing of materials as specified in this Section 7-1.01, including all costs of hauling, shall be considered as included in the price paid for the various contract items of work and no additional compensation will be allowed, therefore.

37 SECTION 8 MATERIALS
SECTION 8-1 MISCELLANEOUS
8-1.1 GENERAL
Attention is directed to the Provisions in Section 6, “Control of Materials”, of the State Standard Specifications and these Special Provisions.

All materials required to complete the work under this Contract shall be furnished by the Contractor except when otherwise specified herein. Contractor shall provide a schedule of value for all lump sum items of work as listed in the Proposal. The schedule of values shall be used for any addition and/or deletion to that particular item of work.
8-1.2 MATERIAL TESTING
Wherever relative compaction is specified to be determined by Test Method No. Calif. 216 or Test Method No. Calif. 312, the relative compaction shall be determined by Test Method No. 231 in accordance within the Provisions in Section 6-2 of the State Standard Specifications and the City of Salinas Quality Assurance Plan.

All tests and frequency of tests shall be in accordance with the City of Salinas Quality Assurance Plan.

Your attention is directed to the Provisions in Section 7-1.04, “PERMITS AND LICENSE”, concerning special testing.
8-1.3 SUBSTITUTIONS
Reference in these Specifications to any article, device, product, material, fixture, form or type of construction by name, make or catalog number is to be interpreted only as establishing a standard of quality, and not to be construed as limiting competition. In such cases, the Contractor may, at his/her option, use any article, device, product, material, fixture, form, or type of construction equal to that specified. The City Engineer is the final judge of acceptability of proposed substitute and the Contractor proposing substitution shall furnish, at his/her expense, any data, samples, test, etc., as required by the City Engineer to determine quality of the proposed substitutions.

In addition, all proposed substitutions shall be:

1. Submitted within 35 calendar days following award of the Contract as approved by City Council;

2. Proven to the City Engineer to be equal or superior to the specified item in all respects; and

3. Accompanied by shop drawings and/or complete descriptive information.

All dimensional or functional changes, or changes to other work which is required by, or are a result of, an acceptable substitution shall be the sole and complete responsibility of the Contractor and shall be made at no additional cost to the City of Salinas.

The Contractor shall make no substitutions of materials or equipment without written approval of the City Engineer.

SECTION 9 DESCRIPTION OF PROJECT
The work within Base Bid, in general, shall include furnishing all labor, materials, tools, equipment, and incidentals required for construction in accordance with the Plans and these Specifications for the work

38 herein, for the EAST MARKET STREET CYCLE TRACK QUICK BUILD PROJECT and is fully described as follows:

In general, the work shall include, but is not limited to the construction of raised concrete median cycle tracks, installation of street signs, curb markings, and all incidental and appurtenant improvements and restorations specified on the Plans and herein these Special Provisions.

Such other items or details, not mentioned above, that are required by the Plans, the City of Salinas Standard Specifications, or these Special Provision, shall be performed, placed, constructed, and/or installed for a complete project. Payment shall be considered as included in the prices paid for the various Contract items of work as listed in the Proposal and no additional compensation shall be allowed, therefore.

Except for authorized changes in the work, payment for said complete-in-place finished work or improvement shall be made only on the basis of the Contract items of work listed in the Proposal. All other work, including the furnishing of labor, materials, tools, equipment and incidentals, provided for in these Special Provisions and Contract, or required for the proper completion of the work as a whole, for which no separate payment has been provided shall be a supplementary obligation for the Contractor and payment therefore shall be considered as included in the prices paid for the various Contract items of work as listed in the Proposal and no additional compensation shall be allowed therefore.

SECTION 10 CONSTRUCTION DETAILS
SECTION 10-1 GENERAL
10-1.1 ORDER OF WORK
Order of work shall conform to the Provisions in these Special Provisions.

All work under this project shall be scheduled, coordinated, and executed as necessary to permit construction to be completed within the constraints of the project. The Contractor and utility companies shall coordinate and schedule their operations to minimize disruptions or delays.

All operations shall be coordinated to eliminate any possibility of damage, or unnecessary removal, replacements and/or modifications to existing facilities or to facilities constructed under this Project.

The Contractor shall submit a Traffic Control Plan of his/her proposed construction operation together with a diagram indicating his/her layout for traffic control. This Plan shall be subject to the approval of the City Engineer and shall be submitted at least 10 calendar days prior to the beginning of any construction and/or any work. No work shall begin until the City Engineer or his/her designee has approved the Traffic Control Plan.

The Plan shall show the type of location of advanced warning signs for construction phasing, construction, scheduling, details, lane closures and other items deemed necessary by the City Engineer and shall be in accordance with the Provisions in Section 5-1.11, “Legal Relations, Responsibilities, and Maintaining Traffic”, of these Special Provisions.

Lane closures shall conform to the Provisions in Section “Legal Relations and Responsibilities and Maintaining Traffic”, and “Closure Requirements and Conditions” of these Special Provisions.

The term closure, as used herein, is defined as the closure of a traffic lane or lanes, within a single traffic control system.
10-1.2 LEGAL
The Contractor's attention is directed to Section 7 of the State Standard Specifications.

39 The Contractor shall exercise special caution against dangerous conditions and provide temporary barricades and fencing as may be necessary to protect the public. During construction within the area of work, barricades, signs, lights, flashers, and other safety devices shall be used by the Contractor to direct vehicular and pedestrian traffic.

The Contractor's special attention is directed to Section 10 of the State Standard Specifications regarding dust control requirements. The Contractor shall abate dust nuisance by cleaning, sweeping, and sprinkling with water, or other means as necessary during all phases of construction including weekends, holidays and any other times as necessary. Payment for dust control shall be considered as included in the price paid for all items listed in the Proposal and no additional compensation shall be made.

The Contractor shall provide necessary safeguards and shall exercise caution against injury or defacement of any existing site improvements and plantings. The Contractor shall be responsible for any damage resulting from his/her operations and shall repair or replace such damage at his/her own expense. No trucks or vehicles of any kind shall be allowed to pass over area unless adequate protection is provided. Unless designated otherwise, all existing improvements shall be repaired or replaced, in kind, at the Contractor's expense.

The Contractor is to be responsible for any damage to the work which occurs before final acceptance.

He/she is to securely cover all openings into the systems and protect all apparatus, equipment and appliances, both before and after being set in place, to prevent obstructions in the pipes and breakage, misuse or disfigurement of the apparatus, equipment or appliance.

Temporary ramps, backfill, or covers for incomplete trenching/backfill operations shall also be furnished by the Contractor at the end of each day's work for the protection of vehicular and pedestrian traffic.

Unless otherwise directed by the City Engineer, the Contractor shall at all times maintain vehicular and pedestrian access to all properties fronting on City of Salinas streets. Two-way traffic shall be maintained at all times, or an exception may be approved by the City Engineer. 10-1.3 INSPECTION AND CONTROL OF WORK
The Contractor’s attention is directed to the Provisions in Section 5 of the City of Salinas Standard Specifications and the Provisions in Section 5-1.12 of these Special Provisions. 10-1.4 FINAL INSPECTION AND CLEANUP
At the completion of the work, a final inspection will be made by the City Engineer. The Contractor will be responsible for final cleanup of the project area in accordance of the Provisions with Section 4-1.13 of the State Standard Specifications.
10-1.5 WORKMANSHIP
All work performed under this Contract shall be of the highest quality of the trade and the Contractor shall employ only workers who are skilled and thoroughly familiar with the type of improvements proposed. 10-1.6 PROGRESS SCHEDULE
A progress schedule shall be prepared by the Contractor for this Contract and shall conform to the Provisions in Section 8-1.04 "Progress Schedule" of the Standard Specifications and shall be delivered to the City Engineer at the pre-construction meeting. No work shall begin until the Progress Schedule has been approved by the City Engineer.

Such progress schedule (bar chart type or other) shall show coordination of major portions of the work including utility relocations/adjustments and other related work by others.

40 The Contractor shall schedule operations in cooperation with other Contractors and the utility companies to avoid unnecessary conflicts, delays, and disruptions to the progress of this project. Attention should be given to scheduling of all land disturbance activities in dry season (May 1 – Sept 30).

This Section includes administrative and procedural requirements for documenting the progress of construction during performance of the Work, including the following:

1. Contractor's Construction Schedule.

2. Submittals Schedule.

3. Certificate of Compliance.

DEFINITIONS
A. Activity: A discrete part of a project that can be identified for planning, scheduling, monitoring, and controlling the construction project. Activities included in a construction schedule consume time and resources.

1. Critical activities are activities on the critical path. They must start and finish on the planned early start and finish times.

2. Predecessor Activity: An activity that precedes another activity in the network.

3. Successor Activity: An activity that follows another activity in the network.

B. CPM: Critical path method, which is a method of planning and scheduling a construction project where activities are arranged based on activity relationships. Network calculations determine when activities can be performed and the critical path of Project.

C. Critical Path: The longest connected chain of interdependent activities through the network schedule that establishes the minimum overall Project duration and contains no float.

D. Float: The measure of leeway in starting and completing an activity.

1. Float time is not for the exclusive use or benefit of either Engineer or Contractor, but is a jointly owned, expiring Project resource available to both parties as needed to meet schedule milestones and Contract completion date.

E. Fragment: A partial or fragmentary network that breaks down activities into smaller activities for greater detail.

F. Major Area: A story of construction, a separate building, or a similar significant construction element.

SUBMITTALS
A. Submittals Schedule: Submit three copies of schedule. Arrange the following information in a tabular format:

1. Scheduled date for first submittal.

2. Specification Section number and title.

3. Submittal category (action or informational).

4. Name of subcontractor.

5. Description of the Work covered.

6. Scheduled date for approval.

41 B. Preliminary Network Diagram: Submit two copies, large enough to show entire network for entire construction period. Show logic ties for activities.

C. Contractor's Construction Schedule: Submit two copies of initial schedule, large enough to show entire schedule for entire construction period.

1. Submit an electronic copy of schedule.

D. CPM Reports: Concurrent with CPM schedule, submit three copies of each of the following computer-generated reports. Format for each activity in reports shall contain activity number, activity description, cost and resource loading, original duration, remaining duration, early start date, early finish date, late start date, late finish date, and total float in calendar days. Contractor shall submit an updated monthly CPM schedule for the duration of the project.

1. Activity Report: List of all activities sorted by activity number and then early start date, or actual start date if known.

2. Logic Report: List of preceding and succeeding activities for all activities, sorted in ascending order by activity number and then early start date, or actual start date if known.

3. Total Float Report: List of all activities sorted in ascending order of total float.

COORDINATION
A. Coordinate preparation and processing of schedules and reports with performance of construction activities and with scheduling and reporting of separate contractors.

B. Coordinate Contractor's Construction Schedule with the Schedule of Values, list of subcontracts, Submittals Schedule, progress reports, payment requests, and other required schedules and reports.

1. Secure time commitments for performing critical elements of the Work from parties involved.

2. Coordinate each construction activity in the network with other activities and schedule them in proper sequence.

PROGRESS MEETINGS
In addition to the pre-construction meeting, conduct progress meetings at weekly intervals. Coordinate dates of meetings with preparation of payment requests.

1. Attendees: In addition to representatives of Engineer and contractor, subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work.

2. Agenda: Review and correct or approve minutes of previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project.
a. Contractor's Construction Schedule: Review progress since the last meeting. Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor's Construction Schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time.

1. Review schedule for next period.
b. Review present and future needs of each entity present, including the following:

42 1) Sequence of operations.
2) Status of submittals.
3) Deliveries.
4) Utility Coordination.
5) Site utilization.
6) Temporary facilities and controls.
7) Work hours.
8) Hazards and risks.
9) Progress cleaning.
10) Quality and work standards.
11) Status of correction of deficient items.
12) Field observations.
13) RFIs.
14) Status of proposal requests.
15) Pending changes.
16) Status of Change Orders.
17) Pending claims and disputes.
18) Documentation of information for payment requests.

2. Minutes: Record the meeting minutes.

3. Reporting: Distribute minutes of the meeting to each party present and to parties who should have been present.
a. Schedule Updating: Revise Contractor's Construction Schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with the report of each meeting.

PRODUCTS

SUBMITTALS SCHEDULE
Preparation: Submit a schedule of submittals, arranged in chronological order by dates required by construction schedule. Include time required for review, resubmittal, ordering, manufacturing, fabrication, and delivery when establishing dates.
a. Coordinate Submittals Schedule with list of subcontracts, the Schedule of Values, and Contractor's Construction Schedule.
b. Submit concurrently with the first complete submittal of Contractor's Construction Schedule.

CONTRACTOR'S CONSTRUCTION SCHEDULE, GENERAL
Time Frame: Extend schedule from date established for the Notice to Proceed to date of Final Completion.

1. Contract completion date shall not be changed by submission of a schedule that shows an early completion date, unless specifically authorized by Change Order.

43 Activities: Treat each story or separate area as a separate numbered activity for each principal element of the Work. Comply with the following:

1. Activity Duration: Define activities so no activity is longer than 15 days, unless specifically allowed by Engineer.

2. Procurement Activities: Include procurement process activities for the following long lead items and major items, requiring a cycle of more than 60 days, as separate activities in schedule.

Procurement cycle activities include, but are not limited to, submittals, approvals, purchasing, fabrication, and delivery.

3. Submittal Review Time: Include review and resubmittal times indicated in Division 01 Section "Submittal Procedures" in schedule. Coordinate submittal review times in Contractor's Construction Schedule with Submittals Schedule.

4. Startup and Testing Time: Include not less than Thirty days for startup and testing.

5. Substantial Completion: Indicate completion in advance of date established for Substantial Completion and allow time for Owner's administrative procedures necessary for certification of Substantial Completion.

Constraints: Include constraints and work restrictions indicated in the Contract Documents and as follows in schedule and show how the sequence of the Work is affected.

1. Phasing: Arrange list of activities on schedule by phase.

2. Work by Engineer: Include a separate activity for each portion of the Work performed by Engineer.

3. Work Restrictions: Show the effect of the following items on the schedule:
a. Coordination with existing construction.
b. Limitations of continued occupancies.
c. Uninterruptible services.
d. Partial occupancy before Substantial Completion.
e. Use of premises restrictions.
f. Provisions for future construction.
g. Seasonal variations.
h. Environmental control.

4. Work Stages: Indicate important stages of construction for each major portion of the Work.

Milestones: Include milestones indicated in the Contract Documents in schedule, including, but not limited to, the Notice to Proceed, Substantial Completion, and Final Completion.

Contract Modifications: For each proposed contract modification and concurrent with its submission, prepare a time-impact analysis using fragments to demonstrate the effect of the proposed change on the overall project schedule.

CONTRACTOR'S CONSTRUCTION SCHEDULE (GANTT CHART)
Gantt-Chart Schedule: Submit a comprehensive, fully developed, horizontal Gantt-chart-type, Contractor's Construction Schedule within 30 days of date established for the Notice of Award. Base schedule on the Preliminary Construction Schedule and whatever updating and feedback was received since the start of Project.

44 Preparation: Indicate each significant construction activity separately. Identify first workday of each week with a continuous vertical line.

1. For construction activities that require 3 months or longer to complete, indicate an estimated completion percentage in 10 percent increments within time bar.

EXECUTION

CONTRACTOR'S CONSTRUCTION SCHEDULE
Contractor's Construction Schedule Updating: At monthly intervals, update schedule to reflect actual construction progress and activities. Issue schedule one week before each regularly scheduled progress meeting.

1. Revise schedule immediately after each meeting or other activity where revisions have been recognized or made. Issue updated schedule concurrently with the report of each such meeting.

2. Include a report with updated schedule that indicates every change, including, but not limited to, changes in logic, durations, actual starts and finishes, and activity durations.

3. As the Work progresses, indicate Actual Completion percentage for each activity.

Distribution: Distribute copies of approved schedule to Engineer, separate contractors, testing and inspecting agencies, and other parties identified by Contractor with a need-to-know schedule responsibility.

1. Post copies in Project meeting rooms and temporary field offices.

2. When revisions are made, distribute updated schedules to the same parties and post in the same locations. Delete parties from distribution when they have completed their assigned portion of the Work and are no longer involved in performance of construction activities. 10-1.7 OBSTRUCTIONS
Attention is directed to the Provisions in Section 8-1.10, “Utility and Non-Highway Facilities” and Section 15, “Existing Highway Facilities”, of the City of Salinas Standard Specifications and these Special Provisions.
10-1.8 UTILITY DETERMINATION
The Contractor shall coordinate with the utility companies to locate and mark all utility mains and service laterals, including depth within the project area. Contractor shall make full determination of all underground utilities in order to prevent damage or disruption to the existing services during construction.

The Contractor shall contact the Underground Service Alert (“U.S.A.”), telephone number 811, 48 hours in advance before performing any trenching or excavation work.

Contractor shall adhere to all U.S.A.-North rules and regulations. Contractor shall be responsible for protecting all utility facilities (MH lids, water valves, gas valves, etc.).

The Contractor is hereby notified that some utility conflicts, if any, may exist at the start of construction.

The Contractor shall be prepared to schedule his/her work around these conflicts. The utility companies have been advised to work in close cooperation with the Contractor. While the Contractor shall be granted time extensions without penalty for utility delays if such delays impede his/her overall progress, no extra payment will be made for utility delays, except as provided in these Special Provisions. Such time extensions will furnish evidence that his/her overall progress is being delayed. Minor reassignment of work forces or equipment which may be in conflict with utility's work shall not be construed as delay in the Contractor's progress.

45 Utility company's work, if any, shall be done concurrently with this project and shall include work within the street right-of-way. The Contractor shall schedule and coordinate his/her installations with the utility companies to avoid any conflicts which may impede the overall progress of the project. All removals, installations, and relocations of conflicting underground and above ground utilities shall be executed by the respective utility companies at their expense.

The utilities shown on the Plans are for reference only and are based on utility company records. Known conflicts have been investigated and approximate cover indicated on Plans, if any. The Contractor shall prosecute the work exercising reasonable care not to damage any such facilities. If the Contractor, while performing the work, discovers facilities not identified on the Plans, he/she shall immediately notify the utility company and the City Engineer in writing within 72 hours.

The Contractor's attention is directed to the existence of certain underground facilities that may require special precautions to be taken by the Contractor to protect the health, safety and welfare of workers and of the public. Facilities requiring special precautions include, but are not limited to: natural gas pipelines, underground telephone, cable TV and electric supply system conductors or cables either directly buried or in duct or conduit. The Contractor shall notify the City Engineer at least 24 hours prior to performing any work in the vicinity of such facilities.

Repair of pipes due to accidental or convenience removals (including equipment conflicts) shall be at the expense of the Contractor and no additional compensation will be allowed. 10-1.9 COORDINATION AND COOPERATION WITH UTILITY COMPANIES AND

OTHER CONTRACTORS
The Contractor shall be required to cooperate and work harmoniously with the public utility companies, other Contractors, affected property owners, tenants, and the City of Salinas during the execution of this Contract.

Prior to any work, the Contractor shall submit a schedule for his/her work reflecting coordination with other Contractors, if any, and utility companies. All work shall be coordinated to minimize delays to the overall progress of the work.
10-1.10 UNDERGROUND OBSTRUCTIONS
Other than utility work, the removal and relocation of all underground obstructions, including but not limited to sprinkler systems, water mains, or electrical conduits shall also be the responsibility of the Contractor and shall be considered as included in the prices paid for the various Contract items of work as listed in the Proposal and no additional compensation shall be allowed therefore.

Repair of pipes, electrical conduits, and other appurtenances due to accidental or convenience removals shall be at the expense of the Contractor and no additional compensation shall be allowed therefore.1 Traffic signal, vehicle detector loops, street lighting, or equipment damaged during construction shall be completely replaced by the Contractor or a Subcontractor specializing in traffic signal and street lighting construction. If the damaged or removed curb and gutter or sidewalk is in a pedestrian crosswalk area, the Contractor shall construct an ADA pedestrian access ramp for the handicapped as part of the restoration required by this subsection, unless otherwise approved by the jurisdictional agency through the City Engineer. At an intersection, the crosswalk area shall be considered to include, but not necessarily be limited to, the entire curb return area. If the damaged or removed curb and gutter is in an area where no sidewalk exists, the ADA pedestrian access ramp shall not be required. The ADA pedestrian access ramp shall be constructed in accordance with the notes and details shown on the Plans, or, on the absence thereof,

46 the requirements of the jurisdictional agency as furnished by the City Engineer. In the event field conditions necessitate a change of Plan which requires the removal of curb and gutter or sidewalk not previously requiring removal within pedestrian crosswalk areas as described above, the Contractor shall construct a ADA pedestrian access ramp, and payment therefore shall be made under the Provisions of Section 4-1.05, ” Changes and Extra Work” of the State Standard Specifications. The ADA pedestrian access ramp shall be constructed in accordance with City of Salinas Details provided by the City Engineer. 10-1.11 EXAMINATION OF SITE
Before submitting a Bid, each Bidder shall carefully examine the Plans and Specifications relating hereto.

He/she shall also visit the site of the proposed work and shall fully inform himself/herself as to all the existing conditions relating to the construction and related labor so that he/she may fully understand the facilities, difficulties, restrictions attendant on the execution of the work, limitations applying to the work, and he/she shall estimate and include in his/her Bid a sum sufficient to cover the cost of all items which are required to attain the completed conditions contemplated in the project. 10-1.12 SUBMITTALS/DRAWINGS OF RECORD/CRITERIA FOR FURNISHING

PLANS AND SPECIFICATIONS TO CONTRACTOR
The Contractor shall review, stamp, and sign with his/her approval and submit, with promptness and in orderly sequence so as to cause no delay in the work or in the work of any Contractor, all shop drawings and samples required by the Contract Documents or subsequently by the City Engineer as covered by modifications. Shop drawings and samples shall be properly identified as specified, or as the City Engineer may require. At the time of submission, the Contractor shall especially inform the City Engineer in writing of any deviation in the shop drawings or samples from the requirements of the Contract Documents (the mere inclusion of the information is not sufficient notice).

Shop drawings, including manufacturer's literature, catalog cuts, or other printed material shall be entitled with the name of the product on each sheet and shall otherwise be identified by listing the particular Division, Section Article or reference of the work pertaining thereto. Differing items shall not be submitted on the same sheet.

For all shop drawings, submit one reproducible copy with one print of each drawing, rolled in a mailing tube and fully protected for shipment. Provide a clear space of sufficient size for stamping and comments on each shop drawing. For the purpose of these Specifications, a reproducible copy shall mean the original tracing or a legible, double-coated reproducible sepia print, positive side up.

The City Engineer shall annotate and stamp the reproducible and shall forward same to the Contractor’s printer, who shall make and return three prints plus the original tracing to the City Engineer. Additional prints required by the Contractor shall be forwarded to the Contractor. The cost of printing and mailing are the responsibility of the Contractor and no additional compensation shall be allowed, therefore.

Unless otherwise specified, for standard manufactured items, submit six copies of manufacture's catalog or data sheets for each submission, showing illustrations of the item to be furnished, scaled details, sized, dimensions, performance characteristics, wiring diagrams, controls and other pertinent information. Two copies of a submission shall be returned to the Contractor approved by the City Engineer as noted on the documents. The City Engineer will retain one copy and the remaining copies will be distributed to the City Inspector.

47 The foregoing procedure does not preclude informal reviews of shop drawings prepared by the fabricator for reinforcing steel, miscellaneous iron, structural steel, by the Structural Engineer or for mechanical and electrical components by the Mechanical and Electrical Engineer. No distribution of shop drawings and setting drawings, except as noted, shall be permitted.

By approving and submitting shop drawings and samples, the Contractor thereby represents that he/she has determined and verified all field measurements, field construction criteria, materials, catalog number and similar data, or shall do so, and that he/she has checked and coordinated each shop drawing and sample with the requirements of the work and the Contract Documents.

Allow two weeks minimum for review. Allow additional time if processing must be delayed to permit coordination with subsequent submittals. Allow one week for reprocessing each submittal.

No extension of Contract time will be authorized because of failure to transmit submittals sufficiently in advance of the work to permit processing.

The City Engineer shall review and approve any shop drawings and samples with reasonable promptness so as to cause no delay, but only for conformance with the design concept of the project and with the information given in the Contract Documents. The City Engineer's approval of a separate item shall not indicate approval of an assembly in which the item functions.

The Contractor shall make any corrections required by the City Engineer and shall resubmit the required number of corrected copies of shop drawings or new samples until approved. The Contractor shall direct specific attention in writing or on resubmitted shop drawings to revisions other than the correction requested by the City Engineer on previous submissions. Corrected shop drawings shall be resubmitted in the same manner as called for above.

The City Engineer's approval of shop drawings or samples shall not relieve the Contractor of responsibility for any deviation from the requirements of the Contract Documents unless the Contractor has specifically informed the City Engineer in writing of such deviation at the time of the submission, and the City Engineer has given written approval to the specified deviation; nor shall the City Engineer's approval relieve the Contractor form responsibility for errors or omissions in the shop drawings or samples.

No portion of the work requiring a shop drawing submission, including ordering of materials, shall be commenced until the submission has been approved by the City Engineer. All such portions of the work shall be in accordance with approved shop drawings and samples. Any work placed without submittals being made shall be replaced by Contractor at his/her own expense, if directed by the City Engineer.

Whenever work is specified to conform to approved samples on file in the office of the City Engineer, conformance shall be required in all respects and the City Engineer's decision in respect to such conformity shall be final.

Where Specifications require manufacturer's printed installation directions, submit duplicate copies of such directions for approval.

The Contractor shall provide and maintain an up-to-date complete "RECORD DRAWING" record on a separate set of construction Plans which shall show every change from the original drawings and

48 Specifications. Prints for this purpose may be obtained from the City Engineer. This set of drawings is to be kept on the site and to be used only as a record set.

These Plans shall also serve as work progress sheets, and the Contractor shall make neat and legible annotations thereon daily as the work proceeds, showing the work as actually installed. These drawings shall be available at all times for inspection and to be kept in a location designated by the City Engineer.

At the project pre-construction meeting, the City Engineer shall furnish two sets of the Plans and Specifications to the Contractor and an additional set for each of the listed Subcontractors. If additional sets are requested, the Contractor will be charged for any extra sets requiring reproduction and binding at the rate specified in the Notice to Bidders.

On or before the date of final inspection, the Contractor shall deliver the corrected and completed "RECORD DRAWING" to the City Engineer. Contractor shall furnish in duplicate two binders of all manufacturers' literature brochures, manuals, parts list, instructions, etc., for all electrical and mechanical equipment as required to be furnished and installed by the Contractor. Submissions of this literature in a haphazard method will not be acceptable. Failure to submit "RECORD DRAWING" shall be cause to withhold final payment and not accept the project.

Record Plans are required under Section 10-1.12 and may be recorded and submitted on CD or DVD.

The “Record Drawing” shall be accurate and up to date with approval of the City Engineer before each progress payment shall be made.
10-1.13 WATERING
Watering, if any, shall conform to the provisions in Section 17, "Watering" of the Standard Specifications, except that full compensation for developing water supply shall be considered as included in the prices paid for the various Contract items of work involving the use of water and no separate payment will be made.

Where applicable, City of Salinas Code Chapter 36A Water Conservation will take priority. 10-1.14 CONSTRUCTION EASEMENTS
Any work to be done on private properties or requiring access through private properties shall not be done until the City has acquired easements or right-of-entry from the property owner. Prior to starting such work, the Contractor shall verify with the City Engineer that such authority has been granted.

The Contractor will confine his/her operations within the limitations of construction easements or limits as shown on the drawings. If the Contractor's operations result in damage to plantings or any other privately- owned facility outside the limitations of the construction easements or public right-of-way, the Contractor shall, at his/her expense, repair such damage or indemnify the owner of the damaged property.

If the Contractor negotiates with property owner for use of land for construction operations outside the limits of the construction easements, he/she shall do so at his/her own risk and the City of Salinas shall assume no liability for such use of private property. All agreements between the Contractor and private property owner shall be in writing. The Contractor shall commence no work outside the construction easements until copies of such agreements are furnished to the City Engineer.

49 10-1.15 CONSTRUCTION SURVEYS AND STAKING
Construction surveys and staking, when required, shall be provided by and paid for by the contractor and no additional compensation shall be made.

The City shall be given the opportunity to check forms for line and grade prior to any concrete being placed. 10-1.16 ARBITRATION
Your attention is directed to Section 9-1.22 “Arbitration,” of the State Standard Specifications. In the event of a dispute as to whether the conditions materially differ or do involve hazardous waste, the Contractor shall continue to proceed with all work to be performed under the Contract and shall retain all rights provided either by Contract or by law which pertain to the resolution of any dispute or protest.

The last paragraph in Section 9-1.22, "Arbitration", of the State Standard Specifications is amended to read:

Start arbitration by filing a complaint with the Office of Administrative Hearings in Sacramento (1 CA Code Regs § 1350). File the arbitration complaint no later than 180 calendar days after receiving the Department's final written decision on a claim (Pub Cont Code § 10240.1). 10-1.17 NOTICE OF POTENTIAL CLAIM
The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the City Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless he/she shall have given the City Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be a prerequisite as to matters within the scope of the protest Provisions in Section 4-1.03, "Changes", or Section 8-1.06, "Time of Completion", in the Standard Specifications or the notice Provisions in Section 4-1.06, "Differing Site Conditions", in the State Standard Specifications, or Section 8-1.07, "Liquidated Damages", or Section 8-1.10, "Utility and Non-Highway Facilities", in the Standard Specifications nor to any claim which is based on difference in measurements or errors of computation as to Contract quantities.

The written notice of potential claim shall be submitted to the City Engineer prior to the time that the Contractor performs the work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the City Engineer, or in all other cases within 15 calendar days after the happening of the event, things, occurrence, or other cause, giving rise to the potential claim.

It is the intention of this section that differences between the parties arising under and by virtue of the Contract are brought to the attention of the City Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he/she shall have no right to additional compensation for any claim that may be based on such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed.

Should the Contractor, in connection with or subsequent to the assertion of a potential claim, request inspection and copying of documents or records in the possession of the City that pertain to the potential claim, Contractor shall make its records of the project, as

50 deemed by the City to be pertinent to the potential claim, available to the City for inspection and copying.

Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by owner, is a condition precedent to any action, proceeding, litigation, suit, or demand for arbitration by Contractor. 10-1.18 CLAIMS
Submission of a claim, properly certified with all required supporting documentation, and written rejection or denial of all or part of the claim by the City Engineer, is a condition precedent to any action, proceeding, litigation, suitor demand for arbitration by Contractor. The Contractor's attention is directed to Section 9-

1.07B “Final Payment and Claims” of the Standard Specifications.

Payment for graffiti, if required, shall be borne by the Contractor, and no additional compensation shall be allowed, therefore.
10-1.19 PUBLIC CONTRACTS CODE 9204 PUBLIC WORKS PROJECT Contract Dispute Procedures
Sections 9204(e) and (g) of the California Public Contract Code (“PCC”) provides that the text or a summary of PCC 9204, effective January 1, 2017, shall be included in the plans and specifications for any public works projects that may give rise to a claim under this section and that Section 9204 applies to contracts for public works projects entered into on or after January 1, 2017. In accordance therewith, City of Salinas hereby provides notice and includes the statutory text:

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.

(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.

(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3)
(A) “Public entity” means, without limitation, except as provided in subparagraph (B),

51 a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.

(d)
(1)
(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.

(B) The claimant shall furnish reasonable documentation to support the claim.

(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.

(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2)

52 (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.

(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.

(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.

(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.

(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier

53 subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.

(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.

(g) This section applies to contracts entered into on or after January 1, 2017.

(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.

(i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes or extends that date. 10-1.20 PROTECTION OF SITE AND PUBLIC SAFETY
The Contractor shall take all necessary precautions to prevent damage to the adjacent fencing, roadway, buildings, and other existing improvements, etc., during the progress of his/her work and shall be required to make any repairs resulting from his/her negligence and no additional compensation shall be allowed therefore.

Attention is directed to the Provisions in Section 7-1.08, “Public Convenience” and 7-1.09, “Public Safety”, of the City of Salinas Standard Specifications and these Special Provisions. Safe and adequate pedestrian zones and crossing of work shall be maintained at all times unless otherwise approved by the City Engineer. 10-1.21 TRAFFIC CONTROL

GENERAL
All work shall be in accordance with Part 6 of the Manual on Uniform Traffic Control Devices (MUTCD), and Part 6 of the California DOT MUTCD Supplement. Contractor shall maintain two-way traffic at all times, unless flagless are provided to control traffic.

Contractor shall provide all signs, barricades, markers, striping, delineators, lights and flagmen as required by the City Engineer.

Attention is directed to the MUTCD. A current copy of the MUTCD is available for free download from the Federal Highway Administration via their web site http://mutcd.fhwa.dot.gov/. The California DOT

54 MUTCD Supplement is also available for free download via the California DOT website http://www.dot.ca.gov/hq/traffops/signtech/mutcdsupp/supplement.htm.

Contractor shall submit Area Sign Plan and Traffic Control Plan in accordance with Part 6 of the current MUTCD, and Part 6 of the California DOT MUTCD Supplement, these Specifications and these Special Provisions. The Sign Plan and Traffic Control Plan shall be approved by the City Engineer prior to start of Construction.

All work shall be in accordance with the Provisions in Section 12, “Construction Area Traffic Control Devices”; Section 7-1.08, “Public Convenience”; Section 7-1.09, “Public Safety”; and Section 4-1.04, “Detours”, of the City of Salinas Standard Specifications, the Provisions in Chapter 5, “Traffic Controls for Highway Construction”, of the Caltrans Traffic Manual. Contractor shall maintain two-way traffic at all times, unless flagman is provided to control traffic.

The Contractor’s attention is directed to the Provisions in Section 7-1.08, “Public Convenience”, of the City of Salinas Standard Specifications. The Contractor shall provide all signs, barricades, markers, striping, delineators, lights, and flagmen as required by the City Engineer.

The Contractor’s attention is directed to the Provisions in Section 7-1.09, “Public Safety”, of the City of Salinas Standard Specifications. The Contractor shall provide and install all necessary signs, fences, temporary K railings, barricades, lights, and other devices and take such other protective measures to prevent accidents or damage or injury to the public.

The Contractor’s attention is directed to the Provisions in Section 12, “Construction Area Traffic Control Devices”, of the City of Salinas Standard Specifications. All signs, lights, barricades, delineators, and other devices used for detouring and traffic control shall conform to the requirements within the Provisions in Section 12-3, “Temporary Traffic Control Devices”, of the State Standard Specifications.

The Contractor shall submit an Area Sign Plan and Detour Plan per the State Standard Plans and these Special Provisions. The City Engineer shall approve sign Plan and Detour Plan prior to the beginning of construction.

No streets shall be closed to thru traffic. All streets listed in this Contract shall be resurfaced on half street portions to provide access to thru traffic. No lane closures shall be allowed without an approved Access Plan showing barricading, signing, and necessary detour signing in accordance with the latest MUTCD.

Arterial streets shall not be impacted Monday thru Friday; 7:00-8:30 a.m. and 4:00-6:00 p.m.

At least 10 calendar days prior to the beginning of work, the Contractor shall notify all affected property owners, residents, businesses, local authorities (City of Salinas Police and Fire Departments), City of Salinas, Republic Services (garbage company), MST (Monterey-Salinas Transit), effected school districts, and agencies by a written notice in English and Spanish, refer to Sample Detail A within Part F of these Special Provisions for the approved written notice. This written notice shall be supplied and paid for by the Contractor.

Failure by the Contractor to properly and timely notify all local authorities, news media, Republic Services (garbage company), MST (Monterey-Salinas Transit), property owners, residents, and businesses, shall require the City to withhold payment of traffic control.

CONSTRUCTION AREA SIGNS
Construction area signs shall be furnished, installed, maintained, and removed when no longer required in accordance with the Provisions in Section 12, “Construction Area Traffic Control Devices”, of the City of Salinas Standard Specifications and these Special Provisions.

The base material of construction area signs shall not be plywood and shall be in accordance with the Provisions in Section 12-3.11 of the State Standard Specifications and these Special Provisions. All

55 temporary traffic signs shall have Diamond Grade 3-M reflective sheeting (or approved equal by the City Engineer). The reflective sheeting shall conform to the Federal Specifications L-S300A.

The Contractor shall install City furnished signs (City of Salinas financing signs) with new hardware and 4” x 6” pressure treated posts. Signs shall be picked up by the Contractor at a designated location to be named at a later date by the City Engineer. The signs shall be installed in both vehicle directions at the beginning and the end of the project limits. The Contractor shall remove the City signs when requested by the City Engineer and delivered to a designated location.

Contractor shall maintain safe and adequate pedestrian zones and shall not place temporary construction area signs and stands on sidewalk area and/or block walkways.

Payment for the installation and removal of temporary construction area signs and stands shall include all labor, materials, tools, equipment, mounting brackets, braces, hardware, and other appurtenances required for a complete-in-place traffic sign installation as indicated within these Special Provisions and as shown on the Plans. Payment shall be considered as included in the prices paid for the various Contract items of work as listed in the Proposal and no additional compensation shall be allowed, therefore.

Payment for all traffic control shall include full compensation for furnishing labor, materials, tools, equipment; notifying all affected property owners, residents, businesses, City of Salinas Police and Fire Departments, City of Salinas, Republic Services (garbage company), MST (Monterey-Salinas Transit), effected school districts, and agencies; all required temporary construction signs and posts, detours, lights, barricades, delineators, and other devices shall include all labor, materials, tools, equipment, all necessary hardware for signs, and other appurtenances required and shall be considered as included in the price paid in the Contract items of work as listed in the Proposal and no additional compensation shall be allowed therefore.
10-1.22 DUST CONTROL
The Contractor’s attention is directed to the Provisions in Section 7-1.01F, “Air Pollution Control”, of the City of Salinas Standard Specifications. The Contractor shall abate dust nuisance by cleaning, sweeping, and sprinkling with water during all phases of construction including weekends, holidays, and any other times as directed by the City Engineer. The use of water or other materials that results in mud on the public streets shall not be permitted as a substitute for sweeping. The Contractor shall submit a contact phone number. The Contractor shall respond to dust control abatement requests within four (4) hours of receiving notification. Should the Contractor fail to respond to such notice, the City shall cause to have the abatement completed by any available construction team and deduct that cost from any funds due the Contractor.

Payment for dust control, abatement, and sweeping shall be considered as included in the contract price paid for the various items of work involved and no additional compensation shall be allowed, therefore. 10-1.23 RECYCLING AND CLEANUP
Throughout all phases of construction including suspension of work, and until final acceptance of the project, the Contractor shall keep the work site clean and free from rubbish and debris. Salinas Municipal Code 9-4.1 requires all Construction and Demolition (“C&D”) projects within the City to divert at least 65% of the C&D debris and 100% of inert materials generated by the project In addition, all building and demolition project contractors must prepare and submit a C&D Waste Reduction and Recycling Plan prior to commencement of project and a final C&D Waste Reduction and Recycling Report to the City Engineer’s Office upon completion of the project. Further information can be found in the Construction and Demolition (C&D) Diversion Requirements and Instructions in Part F of this document. A copy of the instructions for preparing a C&D Waste Reduction and Recycling Plan and a C&D Waste Reduction and Recycling Report can also be obtained from the City of Salinas Permit Center (65 W. Alisal Street, Salinas, CA 93901).

56 Failure to submit a " C&D Waste Reduction and Recycling Plan" and file a “C&D Waste Reduction and Recycling Report” may result in non-compliance fees and shall be cause to withhold final payment and not accept the project.

The Contractor shall also abate dust nuisance by cleaning, sweeping, and sprinkling with water, or other means, as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods.

Failure of the Contractor to comply with the City Engineer's clean up orders may result in an order to suspend the work until the condition is corrected. No additional compensation will be allowed as a result of such suspension.
10-1.24 SCHEDULE OF VALUES
The schedule of values shall conform to the Provisions in Section 9-1.16B, of the State Standard Specifications and these Special Provisions.

The Contractor shall furnish the City Engineer a schedule of values for each Contract lump sum item of work described within the Proposal and where noted in these Special Provisions.

The schedule of values shall be submitted to the City Engineer for approval within 15 calendar days after the City of Salinas Council has approved the Contract. The City Engineer before any partial payment for any of the lump sum items of work shall be made shall approve the schedule of values, in writing. 10-1.25 PRESERVATION OF PROPERTY
The Contractors attention is directed to the Provisions in Section 5-1.36, “Property and Facility Preservation”, of the State Standard Specifications and these Special Provisions.

Existing trees, shrubs, and other plants, that are not to be removed, and are injured or damaged by reason of the Contractor’s operations, shall be replaced by the Contractor in accordance with the requirements within the Provisions in Section 5-1.36E, “Landscape”, of the State Standard Specifications.

Existing trees, shrubs, and other plants, that are not to be removed, and are injured or damaged by reason of the Contractor’s operations, shall be replaced by the Contractor in accordance with the requirements within the Provisions in Section 20-3.01C(4), “Replacement Plants”, of the State Standard Specifications.

Damaged or injured plants shall be removed and disposed of outside the City of Salinas right-of-way. At the option of the Contractor, removed trees and shrubs may be reduced to chips. The chipped material shall be spread within the highway right-of-way at locations designated by the City Engineer.

Replacement planting of injured or damaged trees, shrubs, and other plants shall be completed not less than 20 working days prior to acceptance of the Contract. Replacement trees, shrubs, and other plants shall be watered as necessary to maintain the trees, shrubs, and other plants in a healthy condition. 10-1.26 ENVIRONMENTAL/POLLUTION PREVENTION REQUIREMENTS Contractor shall comply with all air pollution and environmental control rules, regulations, ordinances, and statues that apply to the project and any work performed pursuant to the contract. Salinas City Code Chapter 29-9 states:
“No person shall contribute or cause to be contributed, directly or indirectly, to the city's storm drainage system any pollutant, wastewater or any substance or material which will interfere with the operation or performance of the storm drainage system, violate the city's NPDES permit or violate other applicable law or regulations.”

57 The Contractor shall comply with the State’s current Construction Stormwater General Permit. Projects that (1) disturb one or more acres of soil, or (2) disturb less than an acre but are part of a larger common plan of development are required to obtain coverage under the State’s General Permit for Discharges of Stormwater associated with Construction Activity, Construction General Permit Order 2009-0009-DWQ.

Construction activity subject to this permit includes clearing, grading and disturbances to the ground such as stockpiling or excavation, or construction activities associated with Linear Underground/Overhead Projects (“LUPs”); it does not include regular maintenance activities performed to restore the original line, grade, or capacity of the facility.

The Construction General Permit (CGP) requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP should contain a site map(s) which shows the construction site perimeter, existing and proposed buildings, lots, roadways, storm water collection and discharge points, general topography both before and after construction, and drainage patterns across the project. The SWPPP must list Best Management Practices (BMPs) the discharger will use to protect storm water runoff and the placement of those BMPs. Additionally, the SWPPP must contain a visual monitoring program and a chemical monitoring program for “non-visible” pollutants to be implemented if there is a failure of BMPs. Section A of the CGP describes the elements that must be contained in a SWPPP.

The requirements of the CGP are intended to be implemented on a year-round basis, not just during the part of the year when there is a high probability of a precipitation event which results in storm water runoff.

The permit should be implemented at the appropriate level and in a proactive manner during all seasons while construction is on-going. The City of Salinas NPDES permit also has additional requirements applicable to construction projects of any size.

Additional information can be found at the State Water Resources Control Board website:
http://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml

STORMWATER POLLUTION PREVENTION PLAN PREPARATION,

APPROVAL, AND UPDATES
The State’s Construction General Permit (“CGP”) requires the development of a Storm Water Pollution Prevention Plan (“SWPPP”) be prepared by a Qualified SWPPP Developer (“QSD”).

This plan shall be provided by the Contractor and is included in the Contractor’s Bid proposal. The SWPPP must be submitted to the City Engineer for review and approval. All applicable environmental permits (RWQCB 401 Certification, CA Fish & Wildlife 1601, ACOE nationwide permit, etc.) shall be included as an appendix in the SWPPP.

1. No earth disturbing work shall begin until the City has approved the SWPPP, submitted an NOI and the SWPPP to the State Water Board via SMARTs and has received a Waste Discharge Identification Number (“WDID#”) for the project. The SWPPP must be prepared in compliance with the CGP, the City’s NPDES requirements, and Caltrans and/or CASQA BMP Fact Sheets.

The plan shall conform to the requirements in the Provisions in Section 13-3.01C(2), “Stormwater Pollution Prevention Plan”, State Standard Specifications, the requirements in the Caltrans BMP Handbook, and these Special Provisions.

The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement, and maintain storm water pollution control measures, hereafter referred to as erosion control measures, to reduce to the extent feasible, pollutants in storm water discharges from the construction site during construction under this Contract.

58 Best Management Practices (BMPs) for construction sites include but are not limited to: spill prevention and control measures; solid waste containment; concrete waste management; proper vehicle and equipment cleaning, fueling, and maintenance; erosion and sediment control measures. Detailed procedures for each of these activities can be found through the California Stormwater Quality Association’s Construction BMP Handbook Portal, the Caltrans Storm Water Quality Manuals, the Caltrans Erosion Control Toolbox, and the City of Salinas’ storm water program.

CASQA Construction BMP Handbook and BMP Field Guide:
https://www.casqa.org/resources/bmp-handbooks
Caltrans Construction Site BMP Manual and Field Guide:
https://dot.ca.gov/-/media/dot-media/programs/construction/documents/environmental- compliance/csbmp-may-2017-final.pdf
https://dot.ca.gov/-/media/dot-media/programs/construction/documents/environmental-compliance/bmp- field-master-fullsize-final-jan03-a11y.pdf
The SWPPP should contain a site map(s) which shows the construction site perimeter, existing and proposed buildings, lots, roadways, storm water collection and discharge points, general topography both before and after construction, and drainage patterns across the project. The plans must list Best Management Practices (BMPs) the discharger will use to protect storm water runoff and the placement of those BMPs.

Additionally, the SWPPP must contain a visual monitoring program and a chemical monitoring program for “non-visible” pollutants to be implemented if there is a failure of BMPs. Section A of the CGP describes the elements that must be contained in a SWPPP.

The SWPPP shall incorporate control measures in the following categories:

1. Soil stabilization practices

2. Sediment erosion control practices

3. Sediment tracking control practices

4. Wind erosion control practices

5. Non-storm water management, materials management, and waste management and disposal control practices.

The Contractor shall consider these objectives and their minimum requirements for each of the above categories as presented in these Manuals. When minimum requirements are listed for any category, the Contractor shall incorporate all of the listed minimum controls required into the SWPPP and implement these on the project site in order to meet the stormwater pollution control objectives for the category. In addition, the Contractor shall consider any other additional control measures presented in the Handbook as necessary to meet the objectives of the plans and shall incorporate them into the SWPPP for implementation on the project site.

Permanent post-construction stormwater control measures, also called structural BMPs, shall be indicated in the project Drainage Plans and incorporated into the project site as required per the City’s NPDES Permit (Post-construction requirements). The Contractor shall maintain and protect the post-construction stormwater control measures throughout the duration of the project and shall restore these to the specifications shown on the Plans prior to acceptance of the project.

Within 30 calendar days after the approval of the Contract, the Contractor shall submit two (2) copies of the SWPPP to the City Engineer. The Contractor shall allow 7 calendar days for the City Engineer to review the plans. If revisions are required, as determined by the City Engineer, the Contractor shall revise and resubmit the SWPPP and/or SWCP within 7 calendar days of receipt of the City Engineer’s comments

59 and shall allow 7 calendar days for the City Engineer to review the revisions. Upon the City Engineer’s approval of the SWPPP, three (3) additional copies of the plans incorporating the required changes shall be submitted to the City Engineer. Minor changes or clarifications to the initial submittal may be made and attached as amendments to the SWPPP. In order to allow construction activities to proceed, the City Engineer may conditionally approve the SWPPP while minor revisions or amendments are being completed.

The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the City Engineer. The SWPPPP shall also be amended if the plan has not achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially approved SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and approval by the City Engineer in the same manner specified for the initially approved SWPPP.

Amendments shall be dated and attached to the on-site SWCP document. The Contractor shall keep a copy of the SWPPP, together with updates, revisions, and amendments in a binder at the project site.

SWPPP IMPLEMENTATION
Upon approval of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting, and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. This plan must be in place prior to and maintained during construction operations in accordance with City of Salinas Municipal Code Chapter 29 “Stormwater Management and Discharge Control” and City of Salinas Standard Specifications Section 13 “Design Standards for Erosion and Sediment Control”.

Unless otherwise directed by the City Engineer or specified in these Special Provisions, the Contractor’s responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in accordance with the Provisions in Section 8-1.06, “Suspensions”, of the State Standard Specifications. Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures shall be specified in the SWPPP and are included in these Special Provisions. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided.

The requirements of the CGP and the project SWPPP are intended to be implemented on a year-round basis, not just during the part of the year when there is a high probability of a precipitation event which results in storm water runoff. The CGP permit shall be implemented at the appropriate level and in a proactive manner during all seasons until the project is deemed complete. Weekly inspections are required throughout the life of the project. Completed QSP inspection forms shall be submitted to the City Engineer via [email protected] on a weekly basis.

Additional information on the CGP can be found at the State Water Resources Control Board website:
http://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml Per the City’s Municipal Storm Water Permit, Contractor shall employ erosion prevention and sediment control, and good housekeeping construction site management practices that result in the following outcomes on all construction sites regardless of size:
• Protection of storm drain inlets and/or adjacent waterways at all times from illicit discharges of sediment, construction debris, litter or waste

60 • No release of hazardous substances, such as oils, paints, thinners, fuels, concrete washout and other chemicals; if such a spill occurs that may threaten local water quality, Contractor must call 911 immediately and notify City Public Works staff at 831-758-7233 • Minimization of site disturbance to that portion undergoing construction only • No deposit of mud, soil, sediment, concrete washout, trash, or other similar construction-related material or waste into public rights of way and private streets, and into the City’s storm drain system and related natural resources, either by direct deposit, dropping, discharge, erosion, or tracking by construction vehicles. Any such discharges shall be cleaned up at the end of the current work shift in which the deposit occurred or at the end of the current workday, whichever comes first. • No runoff from graded areas or stockpile areas containing sediments. Stockpiles shall be adequately covered to avoid contact with rainfall and prevent soil movement by water and/or wind. Runoff containing sediments shall be captured in secondary containment structures and either treated to remove sediments prior to discharge or infiltrated on site.
• No exposure of graded areas and stockpile areas to storm water run-on. Run-on shall be controlled by diversion structures such as dikes, excavated swales, berms, or a combination of the two.

Soil stabilization of graded areas shall be in place in any portion of the site where the construction activities have temporarily (not scheduled to be re-disturbed for at least 14 days) or permanently ceased. • All hard-surfaced areas are to be swept regularly and kept free of dirt and construction debris such that the surface of the pavement is clearly visible at all locations.

Activities to be performed by Contractor include, but are not limited to:
 Contractor shall maintain a copy of the SWPPP onsite at all times; the SWPPP shall be up-to-date and include a copy of all QSP inspections.
 Contractor shall maintain the temporary and permanent vegetation (if any), erosion and sediment control measures, and other protective measures in good and effective operating condition by performing routine inspections to determine condition and effectiveness, by restoration of destroyed vegetative cover, and by repair of erosion and sediment control measures and other protective measures.
 Contractor shall inspect the following areas at least once every seven (7) calendar days and within 24 hours prior to and 48 hours after any predicted storm:
o Disturbed areas of the construction site,
o Areas that have not been finally stabilized,
o Areas used for storage of materials exposed to precipitation, and o Areas where vehicles exit the site
Where sites have been finally stabilized, such inspection shall be conducted at least once every month.  Areas noted above shall be inspected for evidence of, or potential for o Erosion, or
o Sediments entering waterways or the storm drainage system, or o Pollutants entering waterways or the storm drainage system.

61 Erosion and sediment control measures shall be observed and maintained to ensure that they are operating correctly. Discharge locations or points shall be inspected to ascertain whether erosion control measures are effective in preventing sedimentation and subsequent degradation of receiving water quality in violation of receiving water quality standards. Locations where vehicles exit the site shall be inspected for evidence of offsite sediment tracking. Deficiencies observed during inspections shall be noted and rectified before the end of the workday.

Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 calendar days prior to the beginning of the rainy season (Oct 1) or upon start of applicable construction activities for projects which begin either during or within 20 calendar days of the rainy season.

Throughout the rainy season, Oct 1 – Apr 30, the active, soil-disturbed area of the project site shall be no more than 2.5 acres. The City Engineer may approve, on a case-by-case basis, expansions of the active, soil-disturbed area limit. The Contractor shall demonstrate the ability and preparedness to fully deploy soil stabilization practices and sediment control measures to protect soil-disturbed areas of the project site before the onset of precipitation. The Contractor shall maintain a quantity of soil stabilization and sediment control materials on site equal to 125% of that sufficient to protect unprotected, soil-disturbed areas on the project site and shall maintain a detailed plan for the mobilization of sufficient labor and equipment to fully deploy control measures required to protect unprotected, soil-disturbed areas on the project site prior to the onset of precipitation. The Contractor shall include a current inventory of control measure materials and the detailed mobilization plan as part of the SWPPP.

Throughout the rainy season, soil-disturbed areas of the project site shall be considered to be nonactive whenever soil-disturbing activities are expected to be discontinued for a period of 20 or more calendar days, and the areas are fully protected. Areas that shall become inactive either during the rainy season or within 20 calendar days thereof shall be fully protected with soil stabilization practices, and sediment control measures within 10 calendar days of the discontinuance of soil disturbing activities or prior to the onset of precipitation, whichever is first to occur.

Throughout the rainy season, active soil-disturbed areas of the project site shall be fully protected at the end of each day with soil stabilization practices and sediment control measures unless precipitation is not predicted through the following workday. Stockpiles, however, must be covered by the end of each workday during the rainy season. The Contractor shall monitor the weather forecast on a daily basis. The National Weather Service forecast shall be used, or an alternative weather forecast proposed by the Contractor may be used if approved by the City Engineer. If precipitation is predicted prior to the end of the following workday, construction scheduling shall be modified, as required, and the Contractor shall deploy functioning control measures prior to the onset of the precipitation.

The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water management, materials management, and waste management and disposal. This specific project shall require that Contractor prevent any concrete, cement slurry, soil or other material to go into the Stormwater Drainage system. After pouring concrete for foundation and trench, Drum truck shoot and other concrete instruments shall be cleaned in a designated concrete washout area per Caltrans Construction BMP WM-08 and the washout contents disposed of in a proper location.

The City Engineer may order the suspension of construction operations creating water pollution if the Contractor fails to conform to the requirements of this Section as determined by the City Engineer.

The Contractor shall become fully informed of, and comply with the applicable Federal, State, City of Salinas, local regulations that govern the Contractor’s operations and storm water discharges from both the

62 project site and areas of disturbance outside the project limits during construction. Unless arrangements for disturbance of areas outside the project limits are made by the City Engineer and made part of the Contract, it is expressly agreed that the City of Salinas assumes no responsibility to the Contractor or property owner whatsoever with respect to any arrangements made between the Contractor and the property owner to allow disturbance of areas outside the project limits.

CONSTRUCION SITE MANAGEMENT
To ensure the proper implementation and functioning of erosion and sediment control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP. The Contractor shall identify corrective actions and time frames to address any deficient measures or reinitiate any measures that have been discontinued. All necessary BMP materials are included in this item.

The Contractor may obtain a copy of the City’s construction site inspection checklist; this shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each QSP site inspection record to the City Engineer via [email protected].

During the rainy season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as follows:
 Within 48 hours prior to a forecasted storm.
 Post-storm event (within 48 hours) after all precipitation, which causes runoff capable of carrying sediment from the construction site, has ceased.
 At 24-hour intervals during extended precipitation events.  Routinely, at a minimum of once a week per the CGP.

If the Contractor or the City Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and approved by the City Engineer in writing, but not later than 72 hours from identification of the deficiency or the onset of subsequent precipitation events.

The correction of deficiencies shall be at no additional cost to the City of Salinas.

PAYMENT
Payment for Stormwater Pollution Prevention Plan Preparation, shall be for the development of a SWPPP, prepared by a Qualified SWPPP Developer (QSD) in accordance with the State’s Construction General Permit (CGP) and shall include updates, revisions, and amendments, as necessary, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain system, or when deemed necessary by the City Engineer.

Payment for Construction Site Management shall include all labor, materials, tools, equipment, incidentals, all work, efforts, and inspections (including inspections by a certified Qualified SWPPP Practitioner (QSP), in accordance with the SWPPP’s visual monitoring program and a chemical monitoring program for “non-visible” pollutants to be implemented if there is a failure of the BMP’s) involved in the implementation of a project’s SWPPP to control water pollution originating from both storm and non- storm water sources, effectively implementing pollutant source control and erosion and sediment control measures during construction of the project; and for installing, monitoring, inspecting, and correcting all

63 site BMPs and pollution prevention practices at the job site. Payment shall be included in the Contract lump sum price as listed in the Proposal and no additional compensation shall be allowed, therefore. The Contractor shall provide a schedule of values for this item.

The Contractor shall be responsible for the costs and for any liability imposed by law as a result of the Contractor’s failure to comply with the requirements set forth within the Provisions in Section “Environmental/Pollution Prevention Requirements” including, but not limited to, compliance with the applicable Federal, State and local regulations, and the City’s NPDES permit. For the purposes of this paragraph, costs and liabilities include but are not limited to fines, penalties, and damages whether assessed against the City or the Contractor, including those levied under the Federal Clean Water Act and the State Porter Cologne Water Quality Act.

The City Engineer shall retain an amount equal to 25% of the estimated value of the Contract work performed during estimate periods in which the Contractor fails to conform to the requirements of the Provisions in the Section “Environmental/Pollution Prevention Requirements” as determined by the City Engineer. The amounts retained for failure of the Contractor to conform to the requirements of this Section shall be released for payment on the next monthly estimate for partial payment following the date that a SWPPP has been implemented and maintained, and water pollution is adequately controlled, as determined by the City Engineer.

The retention of money due the Contractor shall be subject to the following:

1. The Public Works Department shall give the Contractor a 30-calendar day notice of its intent to retain funds from any partial payment which may become due to the Contractor prior to acceptance of the Contract. Retention of funds from any payment made after acceptance of the Contract may be made without prior notice to the Contractor.

2. No retention of additional amounts out of partial payments shall be made if the amount to be retained does not exceed the amount being withheld from partial payments pursuant to the Provisions in Section 9 1.06, “Partial Payments”, of the Standard Specifications.

3. If the Public Works Department has retained funds and it is subsequently determined that the State is not subject to the costs and liabilities in connection with the matter for which the retention was made, the Public Works Department shall be liable for interest on the amount retained at the legal rate of interest for the period of the retention.

Conformance with the requirements of the Provisions in Section 7-1.01G, “Water Pollution”, of the City of Salinas Standard Specifications shall not relieve the Contractor from the Contractor’s responsibilities, as provided in the Provisions in Section 5-1.36, “Property and Facility Preservation”, and Section 7, “Legal Relations and Responsibility to the Public”, of the State Standard Specifications.

DEWATERING
In the event that dewatering of construction site becomes necessary, the Bidder’s attention is directed to the Provisions in Section 2-1.03, “Examination of Plans, Specifications, Contract, and Site of Work”, of the City of Salinas Standard Specifications and these Special Provisions.

In trench excavation, appropriate dewatering techniques may be utilized if necessary, to lower the ground water levels and to stabilize excavation. Methods used shall be such that there is no danger of pumping soil from excavation, or adjacent areas, during dewatering. The water level shall be lowered at least to an elevation 1’ below bottom of the pipe invert. This level shall be maintained continuous during construction until after backfilling has been completed up to the original groundwater elevation.

64 Water pumped during the dewatering operations shall be discharged in accordance with Caltrans or CASQA Dewatering BMP (NS-2) in a manner such that there is no hazard to the public, no discharge to the City storm drainage system unless filtered, and a minimum of traffic interference.

The dewatering methods used shall be the responsibility of the Contractor, but subject to approval by the City Engineer.

Caltrans Dewatering Guide:
https://dot.ca.gov/-/media/dot-media/programs/construction/documents/environmental-compliance/field- guide-to-construction-site-dewatering-a11y.pdf
Payment for dewatering, if required, shall be borne by the Contractor and no additional compensation shall be allowed, therefore.
10-1.27 CHANGES IN WORK
For work done on a “Time and Materials” basis: the Contractor shall submit all required documents for a specific change within 10 calendar days of completing the work.

Outstanding Proposals at the end of the project: the Contractor shall submit all outstanding Proposals, in the specified format, within 10 calendar days of the date established as “Substantial Completion”. The City Engineer reserves the right to not process any proposals received after that date unless specifically agreed in advance.
10-1.28 FINISHING ROADWAY
Finishing roadway shall conform to the Provisions in Section 22, “Finishing Roadway”, of the State Standard Specifications.
10-1.29 CLEAN UP
Throughout all phases of construction including suspension of work and until final acceptance of the project by the City of Salinas Council, the Contractor shall keep the work site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public street and or City right-of-way shall not be permitted as a substitute for sweeping or other methods.

Failure of the Contractor to comply with the City Engineer’s clean up orders may result in an order to suspend the work until the condition is corrected. No additional compensation shall be allowed therefore as a result of such suspension.

SECTION 11 ITEMS OF WORK
SECTION 11-1 GENERAL
All items of work listed in the Proposal Section shall conform to the Contract Plans, City of Salinas Standard Specifications, and these Special Provisions.

Adjustment to new grades of all utility covers is the responsibility of individual utility companies if applicable. The Contractor is required to notify each utility company and provide the company with a copy of the Contractor’s project schedule so that they may make provision to make notes on the location of their utility covers. The City’s Contractor is responsible for the adjustment to finished grade of all City of Salinas monuments, storm drain and sanitary sewer manholes, and flushing inlets.

65 The Contractor shall refrain from using diesel fuel or solvents of any kind for cleaning tools and equipment in such a manner as to permit spillage of parkways or other improved areas.

Prior to slurry seal and cape seal all raised pavement markers, striping, and pavement markings shall be removed from the street surface in accordance with the Plans, City of Salinas Standard Specifications, and the Special Provisions.
11-1.1 MOBILIZATION
Mobilization shall conform to the Provisions in Section 9-1.16D, “Mobilization”, of the State Standard Specifications.

Payment for mobilization shall include all labor, materials, tools, fencing, equipment, and other appurtenances required for a complete-in-place mobilization as indicated within these Special Provisions and as shown on the Plans. Payment shall be included in the prices paid for the various Contract items in the Proposal and no additional compensation shall be allowed, therefore.

SECTION 12 ITEMS OF CONSTRUCTION
SECTION 12-1 CLOSURE REQUIREMENTS AND CONDITIONS
12-1.1 GENERAL
Lane closures shall conform to the Provisions in Section 5-1.11, “Legal Relations and Responsibilities and Maintaining Traffic”, of these Special Provisions.

The term closure, as used herein, is defined as the closure of a traffic lane or lanes, including ramp or connector lanes, within a single traffic control system.

CLOSURE SCHEDULE - By Noon Wednesday, the Contractor shall submit a written schedule of planned closures for the following week period, defined as Friday Noon through the following Friday Noon.

The Closure Schedule shall show the locations and times when the proposed closures are to be in effect.

The Contractor shall use the Closure Schedule request forms furnished by the City Engineer. Closure Schedules submitted to the City Engineer with incomplete, unintelligible or inaccurate information shall be returned for correction and resubmittal. The Contractor shall be notified of disapproved closures or closures that require coordination with other parties as a condition of approval.

Amendments to the Closure Schedule, including adding additional closures, shall be submitted to the City Engineer, in writing, at least 3 working days in advance of a planned closure. Approval of amendments to the Closure Schedule shall be at the discretion of the City Engineer.

The Contractor shall confirm, in writing, all scheduled closures by no later than 8:00 a.m. 3 working days prior to the date on which the closure is to be made. Approval or denial of scheduled closures shall be made no later than 4:00 p.m. 2 working days prior to the date on which the closure is to be made. Closures not confirmed or approved by the City Engineer shall not be allowed.

Confirmed closures that are cancelled due to unsuitable weather may be rescheduled at the discretion of the City Engineer for the following working day.

CONTINGENCY PLAN - The Contractor shall prepare a contingency plan for reopening closures to public traffic. The Contractor shall submit the contingency plan for a given operation to the City Engineer within 1 working day of the City Engineer’s request.

LATE REOPENING OF CLOSURES - If a closure is not reopened to public traffic by the specified time, work shall be suspended in conformance with the Provisions in Section 8-1.06, “Suspensions”, of the State

66 Standard Specifications. The Contractor shall not make any further closures until the City Engineer has accepted a work plan, submitted by the Contractor that shall insure that future closures shall be reopened to public traffic at the specified time. The City Engineer shall have 2 working days to accept or reject the Contractor’s proposed work plan. The Contractor shall not be entitled to any compensation for the suspension of work resulting from the late reopening of closures.

COMPENSATION - The Contractor shall notify the City Engineer of any delay in the Contractor’s operations due to the following conditions, and if, in the opinion of the City Engineer, the Contractor’s controlling operation is delayed or interfered with by reason of those conditions, and the Contractor’s loss due to that delay could not have been avoided by rescheduling the affected closure or by judicious handling of forces, equipment, and plant, the delay shall be considered a right-of-way delay within the meaning of the Provisions in Section 81.07, “Delays”, of the State Standard Specifications and compensation for the delay shall be determined in conformance with the Provisions in Section 81.09:

A. The Contractor’s proposed Closure Schedule is denied and his/her planned closures are within the time frame allowed for closures in “Maintaining Traffic” of these Special Provisions, except that the Contractor shall not be entitled to any compensation for amendments to the Closure Schedule that are not approved by the City Engineer.

B. The Contractor is denied a confirmed closure.

Should the City Engineer direct the Contractor to remove a closure prior to the time designated in the approved Closure Schedule, any delay to the Contractor’s schedule due to removal of the closure shall be considered a right-of-way delay within the meaning of the Provisions in Section 8-1.07, “Delays”, and compensation for the delay shall be determined in conformance with the Provisions in Section 8-1.07 of the State Standard Specifications.

Full compensation conforming to the requirements of this Section shall be considered as included in the prices paid for the various Contract items of work listed in the Proposal and no additional compensation shall be allowed, therefore.

SECTION 12-2 CONCRETE FACILITIES
12-2.1 GENERAL
The construction of concrete facilities includes the construction of pedestrian ramps, driveway approach, sidewalk and curb & gutter and modified curbs as indicated on the Plans or as directed by the City Engineer and, shall be in accordance with Section 73, “Concrete Curbs and Sidewalks”, and 90, “Portland Cement Concrete”, of the Standard Specifications and these Special Provisions.

All contaminated water shall be vacuumed and disposed of in an environmental approved fashion.

The Contractor shall provide sufficient forces to perform the necessary demolition and construction of this project in order that all work shall be completed within the time frame established for this project.

Contractor shall contact U.S.A. (Underground Service Alert, telephone number 811) 48 hours in advance before performing any trenching or excavation work.

Concrete sidewalk construction shall be per City of Salinas Standard Plan No. 2R and as shown on the Plans.

Concrete Type “C” curb and gutter construction shall be per City of Salinas Standard Plan No.1 and as shown on the Plans.

Existing sidewalk, curb and gutter, driveway approach, driveway, walkway, and pedestrian access ramp damaged during construction; convenience removals; and miscellaneous concrete transitions

67 shall be reconstructed at the expense of the Contractor and no additional compensation shall be made.

Concrete pedestrian access ramp construction, within the City of Salinas right-of-way, shall be per State 2015 Standard Plan A88A and as shown on several details on the Plans.

Concrete driveway approach construction shall be per City of Salinas Standard Plan No. 5 and 6 and as shown on the Plans.

In areas where new curb and gutter grades are higher than existing established lawn, plant, shrub, ground cover, vine, and/or tree, the Contractor shall adjust the existing grades to match the new curb and gutter per these Special Provisions.
12-2.2 CONSTRUCT CONCRETE RAISED MEDIAN ISLAND
Concrete raised median island shall conform to the Provisions in Section 73, “Concrete Curbs and Sidewalks”, and 90, “Portland Concrete Cement”, of the City of Salinas Standard Specifications and these Special Provisions. Concrete shall be poured above existing asphalt pavement as shown on the Plans.

Concrete raised median island curb shall be per City of Salinas Standard Plan No. 13 and 14 and as shown on the Plans.
12-2.3 PAYMENT
Payment for all Contract unit prices for all concrete items as identified in the Proposal shall include full compensation for furnishing all labor, materials, tools, base material, form work, reinforcing steel, wire mesh, concrete finish, steel dowels, expansion joints, and incidental work, saw cutting, removal of concrete, disposal of material, and other appurtenances required for a complete-in-place concrete item, and all other work and materials as specified. The Contractor shall provide sufficient forces to perform the necessary demolition and construction in order that all work shall be completed within the time frame established for this project.

Payment for removal and disposal of existing concrete median, sidewalk, pedestrian ramps, walkways, driveway, curb type “A”, curb type “B”, and curb type “C” shall include all labor; materials; tools; equipment; saw cutting; removal and disposal of concrete, pullboxes and aggregate base and sub-base (if applicable); and other appurtenances required for a complete-in-place removal of existing concrete median, sidewalk, pedestrian ramps, walkways, driveway, curb type “A”, curb type “B”, and curb type “C” as indicated within these Special Provisions, and as shown on the Plans. Payment shall be included in the Contract unit price paid per Square Foot for “Remove Concrete” as listed in the Proposal and no additional compensation shall be allowed, therefore.

Payment for removal and disposal of Asphalt Concrete and Aggregate Base (1’ depth) shall include all labor; materials; tools; equipment; saw cutting; removal and disposal of materials and other appurtenances required for a complete-in-place removal of said item. Payment for the removal and disposal of existing asphalt concrete shall be included in the Contract unit price paid per Square Foot for “Asphalt Concrete and Aggregate Base (1’ depth)” as listed in the Proposal and no additional compensation shall be allowed, therefore.

Payment for furnishing and installing Type “A” curb shall include form work; finish, and placement; furnish and placement of Class 3 concrete; slip dowels; furnish and placement of 3/8” expansion joint filler; and other appurtenances required for a complete-in-place Type “A” curb. Payment for the construction of new concrete Type “A” curb shall be included in the Contract unit price per Linear Foot for “Minor Concrete (Curb) (Salinas Std Plan No. 1, Type A); Complete-In-Place” as listed in the Proposal and no additional compensation shall be allowed, therefore.

Payment for furnishing and installing Type “B” curb shall include excavation of native material and disposal of material; form work; finish, placement, and compaction of 6” Class II aggregate base; furnish and placement of Class 3 concrete; slip dowels; furnish and placement of 3/8” expansion joint filler; and other appurtenances required for a complete-in-place Type “B” curb. Payment for the construction of new

68 concrete Type “B” curb shall be included in the Contract unit price per Linear Foot for “Minor Concrete (Curb) (Salinas Std Plan No. 1, Type B); Complete-In-Place” as listed in the Proposal and no additional compensation shall be allowed, therefore.

Payment for furnishing and installing Type “C” Curb and Gutter shall include; form work; finish, placement, and compaction of 6” Class II aggregate base; paint binder; furnish and placement of class 3 concrete; slip dowels; furnish and placement of 3/8” expansion joint filler; concrete depressed curb and gutter for ADA pedestrian access ramp; and other appurtenances required for a complete-in-place curb and curb and gutter. Payment for the construction of new concrete Type “C” curb shall be included in the Contract unit price per Linear Foot for “Minor Concrete (Curb and Gutter) (Salinas Std Plan No.1, Type C); Complete-In-Place” as listed in the Proposal and no additional compensation shall be allowed, therefore.

Payment for the construction of new concrete ADA pedestrian access ramp shall include excavation of material, lawn, and disposal of materials; form work; furnish, placement, and compaction of 2” sand cushion; furnish and placement of 4” Class “3” concrete; placement of 3/8” expansion joint and filler; concrete filling of voids left from removal of rock in concrete; concrete finish; Vitrified Polymer Composite Cast-in-Place Tactile Tile (wet set) Detectable Warning Surface; finish; and other appurtenances required for a complete-in-place concrete ADA pedestrian access ramp. Payment for the construction of new concrete ADA pedestrian access ramp shall be included in the Contract unit price per Lump Sum for “Curb Ramp (Caltrans Std Case B) and Curb Ramp (Caltrans Std Case C); complete-in-place” and as listed in the Proposal and no additional compensation shall be allowed, therefore.

Payment for the construction of new concrete sidewalk shall include excavation of dirt and disposal of material; form work; furnish and placement of 3/8” expansion joint and filler; concrete finish; placement of 2” minimum sand cushion and 4” Class “3” concrete; and other appurtenances required for a complete- in-place concrete sidewalk. Payment for the construction of new sidewalk concrete shall be included in the Contract unit price per Square Foot for “Minor Concrete (Sidewalk); complete-in-place” and as listed in the Proposal and no additional compensation shall be allowed, therefore.

Payment for the construction of the concrete raised median island shall include labor; materials; tools; equipment; form work; furnish and placement of 3/8” expansion joint and filler as needed; and other appurtenances required for a complete-in-place raised median island construction as indicated within these Special Provisions, and as shown on the Plans. Payment shall be included in the Contract unit price paid per Square Foot for “Minor Concrete (Median Hardscape); Complete-In-Place” as listed in the Proposal and no additional compensation shall be allowed, therefore.

Payment for the construction of new commercial driveway approach shall be in the Contract unit price per square foot under Contract item, Minor Concrete (Driveway Reconstruction); Complete in Place”, as listed in the Proposal and shall include all labor, material and tools for wire mesh, six (6) inch class 3 concrete, sidewalk at the driveway, and four (4)” Class 4 Aggregate Base, concrete finish, furnish and placement of three-eighths inch (3/8”) expansion joints and fillers; complete in place and no additional compensation will be made.

SECTION 12-3 MISCELLANEOUS FACILITIES
12-3.1 ADJUST EXISTING WATER VALVE, P G &E MANHOLE, GAS VALVE, AND OR VAULT; A T &T MANHOLE AND OR VAULTS TO FINISHED GRADE (N I C, BY

OTHERS)
All work and materials for raising water valve boxes and valve covers to finished grade shall be by Cal Water and/or Alco Water and shall conform to the Provisions in Section 15 of the State Standard Specifications, the Provisions in Section 15-2.05A of the Standard Specifications, City of Salinas Standard Plan No. 35, and these Special Provisions.

69 All work and materials for raising electrical and gas valves, covers, manholes, and vaults to finished grade shall be by PG&E and shall conform to the Provisions in Section 15 of the City of Salinas Standard Specifications, the Provisions in Section 15-2.05A of the Standard Specifications, and these Special Provisions.

All work and materials for raising telephone manholes and vaults to finished grade shall be by AT&T and shall conform to the Provisions in Section 15 of the City of Salinas Standard Specifications, the Provisions in Section 15-2.05A of the Standard Specifications, and these Special Provisions.

All existing valves, boxes, covers, and vaults are to be reset to the new finished grade conforming to the finish paving elevations. All items are to be inventoried and located whether shown on the Plans or not. Cal Water, Alco Water, PG&E, AT&T, and Comcast Contractor’s shall wait till the finished paving is complete and then locate, cut out, and expose the existing covers to the new finished grade. Cal Water and/or Alco Water shall furnish and install new traffic lids on water meters, only when meters are within driveway area.

SECTION 13 SIGNING
SECTION 13-1 SIGNING
13-1.1 GENERAL
All work and materials for signs shall conform to the Provisions in Section 56 of the City of Salinas Standard Specifications, these Special Provisions, California 2004 Uniform Sign Chart, and as shown on the Plans. The Contractor shall furnish all mounting hardware. Signs shall be constructed of 0.080” thick aluminum alloy.
13-1.2 TEMPORARY TRAFFIC SIGNS AND TRAFFIC CONTROL SIGNS All temporary traffic signs shall be 3M Diamond Grade Cubed Reflective Sheeting Series 4090 or approved equal by the City Engineer. The reflective sheeting shall conform to the Federal Specifications L-S300A.

The Contractor shall remove all temporary traffic signs, hardware, and temporary sign stands when the project is completed and approved by the City Engineer. 13-1.3 TRAFFIC SIGNS
All new traffic signs shall be 3M Diamond Grade Cubed Reflective Sheeting Series 4090 or approved equal by the City Engineer. The reflective sheeting shall conform to the Federal Specifications L-S300A.

Roadside signs shall be installed on galvanized steel pipe posts in accordance with the City of Salinas Standard Plans, as shown on the Plans, and per these Special Provisions. Posts shall conform to ASTM Specifications A-120 for galvanized steel pipe. The Contractor shall furnish all mounting hardware. Posts shall be cleaned of any markings. All relocated signs shall be mounted on new posts with new hardware and footings. Any removed existing posts shall require the existing hole to be patched to match existing conditions. Placement of signs on streetlight poles is desirable, but the City Engineer prior to sign installation shall approve final placement of all signs. 13-1.4 PAYMENT
Payment for furnishing and installing new traffic sign and post (when applicable); installation of new sign(s) on new post; removal and salvage of existing traffic sign(s); installation of salvage traffic sign(s); installation of new sign on existing street light pole; appurtenances shall include all labor, materials, tools, equipment, mounting brackets, braces, hardware, and incidentals necessary for traffic sign installation, and other appurtenances required for a complete-in-place traffic sign and post (when applicable) installation as indicated within these Special Provisions, and as shown on the Plans. Payment for traffic sign and post and

70 brackets shall be included in the Contract complete-in-place and as listed in the Proposal and no additional compensation shall be allowed, therefore.

Payment for the installation and removal of temporary construction signs and posts shall include all labor, materials, tools, equipment, mounting brackets, braces, hardware, and incidentals necessary for traffic signs, and other appurtenances required for a complete-in-place installation and removal of temporary construction signs and temporary sign stand as indicated within these Special Provisions, and as shown on the Plans. Payment shall be included in the Contract complete-in-place and as listed in the Proposal and no additional compensation shall be allowed, therefore.

71 PART C –

MISCELLANEOUS STANDARD PLANS AND DETAILS

72 CONSTRUCTION AND DEMOLITION (C&D) DIVERSION

REQUIREMENTS AND INSTRUCTIONS

73 74

C&D WASTE REDUCTION AND RECYCLING PLAN

75 C&D WASTE REDUCTION AND RECYCLING REPORT

76 77

C&D WASTE REDUCTION AND RECYCLING GUIDE

78 79

SALINAS VALLEY RECYCLES - C&D WASTE REDUCTION AND

RECYCLING FLYER

80 DETAIL A
(FRONT)

Slurry Seal

“Slurry Seal” es un sello asfaltico y es
económico al pavimento para prolongar la vida
de la calle. Este tratamiento evita fuertes gastos
de reconstrucción en el futuro.

Debido a la cantidad de calles que se estarán
haciendo el mismo día, no es posible avisarle a
qué hora se tratara su calle. Por favor le pedimos
paciencia, ya que la inconveniencia del
mantenimiento es mucho menor que la que se
necesitara si no se trata a tiempo.

Conducir o caminar sobre el pavimento con sello
fresco antes de que se seque puede dañar el sello.

EI material es altamente adhesivo, se pega en la
ropa, zapatos, alfombras, pero se puede limpiar
con algunos limpiadores disponibles en cualquier
tienda de auto partes. Lea y siga las instrucciones
del producto que compre.

Evite dar vueltas cerradas en su auto en las calles
que han sido selladas. Es preferible dar vueltas
más abiertas para no dañar las calles.

Para más información por favor contáctenos a:
__________________________

INSERT YOUR BUSINESS NAME HERE

WITH CONTACT PHONE NUMBER AND

BUSINESS ADDRESS

NOTICE

STREET SEALING
No parking 7am to 5pm

MON TUE WED THUR FRI

The ________________ of this month, Slurry
Seal will be placed on your street.

We’re sorry for any inconvenience this may
cause you. Please park and drive on adjacent
streets not posted with NO PARKING signs.

Any vehicles parked within the posted areas with
NO PARKING will be towed at owners’
expense.

Your street will be CLOSED unless flaggers
are present to control traffic. Please avoid
driving, bicycle riding, or walking on sealed
streets until new surface dries. Under normal
weather conditions your street will be re-
opened within 3 to 5 hours after sealing is
complete. Only EMERGENCY VEHICLES
will be allowed through at any time.

Please do not permit water to run in gutter during
this period.

Weather considerations, or equipment
breakdowns may cause schedule changes. If
your street is not completed due to any reason,
you will be notified again as to the new date.

Thank You
for your cooperation and patience

81 DETAIL A
(BACK)
AVISO
Sello de Pavimento
Este aviso es para informarles que
___________________________
(insert business name)
El pavimento en su calle al igual que otras calles
en su área recibirán un sello asfaltico. Por favor
evite estacionar su vehículo sobre su calle entre
las 7:00 am a 5:00 pm en la (s) siguiente(s)
fecha(s).

Su calle también tendrá avisos de “NO
PARKING” (NO ESTACIONARSE) de 48 a
72 horas con previo aviso como recordatorio.

Le pedimos disculpas por la inconveniencia que
esto le pueda ocasionar. Por favor estacione y
utilice las calles que no tengan avisos de “NO
PARKING”. Se usará grúa para remover
vehículos que se encuentren dentro de las áreas
que muestren “NO PARKING” y los gastos
corren por cuenta del dueño del vehículo.

Su calle será completamente cerrada por 4 o 5
horas, al menos que se le indique de otra manera
por medio de personal autorizado. Por favor no
transite la calle hasta que el sello se seque
completamente, esto ocurre dependiendo del
tiempo, de tres a cinco horas. Solamente
vehículos de emergencia podrán transitar por las
calles cerradas. Por favor no permita que el agua
corra por su calle durante este periodo de
rehabilitación sobre su calle.

El estado del tiempo puede ocasionar cambios en
el orden de trabajo, en dado caso que el tiempo no
permita llevar acabo el trabajo, se le avisara
nuevamente con la nueva fecha.

Muchas Gracias por su cooperación y paciencia.

Slurry Seal
Is an asphalt seal coat that is a very economical
surface treatment that prolongs the life of the
asphalt by stopping erosion from water and
oxidation from the sun. Timely preventative
maintenance like this helps avoid extremely
costly street rebuilding in the future.

Due to the number of streets scheduled, we
cannot tell you the exact time your street will be
done. We realize the inconvenience caused by
limiting access to your street. Please consider that
the inconvenience caused at this time is very
small compared to what would later be required
if this protection were not applied.

Driving or walking on this new material before it
has cured will damage the street and will stick to
your shoes, be splattered up onto your car, and
will track onto concrete driveways, carpets and
floors. The material is highly adhesive but can be
removed from vehicles with tar removers
available from local auto parts stores. Read and
follow the directions from any products
purchased.

Emulsion aggregate slurry seal coat will be
damaged by sharp turning during the curing
phase, specifically power steering turns. This can
be avoided by making wide turns. Always be sure
the vehicle is moving before turning the steering
wheel.

FOR ADDITIONAL INFORMATION
PLEASE CONTACT:

INSERT YOUR BUSINESS NAME HERE

WITH CONTACT PHONE NUMBER AND

BUSINESS ADDRESS

82 DETAIL B
City of Salinas Addendum to Caltrans SWPPP Template
SWPPP Amendment 1 - Only applicable for projects not subject to Caltrans oversight.

General

1. Caltrans ROW = City of Salinas ROW.

2. All references to the Construction General Permit (CGP) (CAS000002, Order No. 2009-2009- DWQ) includes all amendments to the CGP though the date of Contract acceptance.

3. All references to the Caltrans Storm Water Management Program (Caltrans Permit SWRCB Order No. 99-06-DWQ, NPDES No. CAS000003) shall be replaced with the City of Salinas Order No.

R3-2012-0005 (NPDES Permit No. CA004981).

4. All references to NELs and the Lake Tahoe Hydrologic Unit are removed (unless Active Treatment Systems, as defined by the CGP Attachment F are used).

5. The approved SWPPP, all sampling results, annual and if applicable, dewatering compliance reports, shall be submitted to the City via the State Water Board’s Storm Water Multi-Application and Report Tracking Systems (SMARTS) website unless the Special Provisions state otherwise.

6. All site discharges shall be sampled to ensure that sampling data is collected for every day with discharge during or after each qualifying storm event except for days where discharge occurs outside of working hours.) Note this will require more sampling than the Caltrans template specifies.

Construction monitoring, sampling, and REAP preparation shall be consistent with the Construction General Permit:
 Forecasted rain events shall not be defined by the amount of precipitation, only the probability of precipitation (i.e. eliminate 0.1-inch or more requirement from forecasted rain event definition so that it is consistent with the Construction General Permit definition of a likely storm event). This means that REAPS and pre-storm inspections will occur more frequently than the Caltrans template specifies.
 Qualifying rain event definition in template is revised to be consistent with Construction General Permit definition of a qualifying rain event (i.e. any event that produces 0.5-inches or more precipitation with a 48 hour or greater period between rain events).  REAPS shall be prepared 48 hours prior to any likely precipitation event. REAPs shall be implemented and made available on site no later than 24 hours prior to the likely precipitation event.

SWPPP Template Section 600.5 Best Management Practices Status Report:
 This entire section is eliminated unless the Special Provisions indicate otherwise

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-679, Version: 1
Catalis (QAlert) Subscription Renewal
Approve a Resolution authorizing the subscription renewal with Catalis in the amount of $61,689.59 to provide the City’s request management solution (QAlert) for the period of January 1, 2024 to June 30, 2025.

City of Salinas Printed on 11/9/2023Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: NOVEMBER 14, 2023
DEPARTMENT: ADMINISTRATION
FROM: PATRICIA M. BARAJAS, CITY CLERK
TITLE: CATALIST (QALERT) SUBSCRIPTION RENEWAL

RECOMMENDED MOTION:

A motion to approve the subscription renewal with Catalis to provide on-call software for residents of Salinas to submit requests or concerns in the amount of $61,689.59.

EXECUTIVE SUMMARY:

Catalis is a centralized Request Management System (RMS) solution which streamlines business processes and communications with internal and external customers by creating a more effective and efficient government through technology. Catalis, formerly QScend Technologies (QAlert), is the City’s primary solution for residents to submit service requests via the SalinasConnect mobile application and website reporting dashboard. Catalis annual subscription is set to expire on December 31, 2023. Subscription renewal shall not exceed $61,689.59 for the period of January 1, 2024 to June 30, 2025 and sets the subscription renewal period in line with the City’s fiscal year cycle.

BACKGROUND:

In 2017, the city retained QScend Technologies (QAlert), later acquired by Catalis, to develop a web-based and mobile management application system. Catalis software has allowed all Departments to receive and maintain electronic records of all service request and activities from creation of the request to final resolution. Catalis allows residents to place ser vice request via an app, a call, or website . The system automatically processes the request and routes it to the appropriate staff or department to address. The request is then logged and when the issue is resolved, or updates are entered by staff with notifications to the users as progress is made on a service request.

Additionally, as part of the service agreement with Catalis, the city receives unlimited user licenses for large-scale deploymen t of the mobile management app ( QAlert Mobile) to reduce inefficiencies and improve workflows in the field using an iPad, and a Salinas -specific branded mobile application (SalinasConnect) for iPhone and Android. Catalis also features reporting tools Page | 2
for City staff to generate custom activity reports on an automatic schedule available for dissemination as needed.

Catalis’s web-based dashboard, mobile application, SalinasConnect, and the call-center software continue to ensure resident requests and concerns are addressed more efficiently throug h technology and increasing transparency.

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:

Subscription of Catalis (QAlert) is in line with the City Council Goal of Effective and Culturally Responsive Government. The Council identified strategies that included evaluating technology gaps, effective governance, and transparency.

DEPARTMENTAL COORDINATION:

The City Clerk’s Office continues to work in coordination with all department to support the request management solution and communication with constituents.

FISCAL AND SUSTAINABILITY IMPACT:

Funding is available and appropriated in 1000.1120, the City Clerk’s annual operating budget .

ATTACHMENTS:

Resolution
Exhibit A – Order Form

Page | 3
RESOLUTION ___________ (N.C.S.)

RESOLUTION AUTHORIZING THE SUBSCRIPTION RENEWAL WITH CATALIS IN THE AMOUNT OF $61,689.59 TO PROVIDE THE CITY’S REQUEST MANAGEMENT

SOLUTION (CATALIS)

BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF SALINAS: that the City Councill does hereby approve the attached subscription renewal, Exhibit A, between the City of Salinas and Catalis, in the amount of $61,689.59 for the period of January 1, 2024 to June 30, 2025.

PASSED AND APPROVED this 14th day of November 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

_____________________________
Kimbley Craig, Mayor

ATTEST:

_____________________________
Patricia M. Barajas, City Clerk

Catalis Order Form Page | 1
Catalis
3025 Windward Plaza, Suite 200
Alpharetta, GA 30005
No.: 0068Z00001g4DF0QAM
Order Form Date: 10/18/202

ORDER FORM

CUSTOMER INFORMATION
Customer: City of Salinas, CA Address: 200 Lincoln Avenue Salinas, CA 93901
☒
☒
Contact Name: Patricia M. Barajas, CMC
Email Address: [email protected] ACH:

Phone: (831) 758-7383 PO Required:

Catalis Representative: Ryan Apruzzese, [email protected], (203) 490-0821

SUBSCRIPTION TERM
Subscription Start Date: 1/1/2024
Subscription End Date: 6/30/2025
Auto-Renewal: No
The Initial Term of the Subscription shall begin on the Subscription start date and will continue for 18 months.

The Subscription may be extended for subsequent annual 12-month terms, any extension will require an Amendment signed by both Parties.

PRICING

1. Fee Summary
Software Subscription Fees for Year 1 Total: $61,689.59

2. Software Subscription Fees
Year 1
Request Management Enterprise Annual Subscription
The cost for the Initial Term of the Subscription has been pro-rated 18 months for the period of 1/1/2024 to 6/30/2025. $61,689.59
Total Subscription Fees $61,689.59

2.1. Year 1 Software Subscription Fees shall be billed upon the Subscription Start Date.

2.2. Future Year Software Subscription Fees shall be billed annually in advance.

3. Additional Services
Future Professional Services, customizations, modifications, or integrations can be provided at a current year hourly services rate. Any additional work requested will require a Professional Services Work Order.

Catalis Order Form Page | 2
Catalis
3025 Windward Plaza, Suite 200
Alpharetta, GA 30005
No.: 0068Z00001g4DF0QAM
Order Form Date: 10/18/202

TERMS & CONDITIONS
The Agreement is dated effective and shall be considered binding upon execution (“Effective Date”) by and between Customer and Licensor.

The Agreement incorporates by reference the following, in order of precedence:

This Order Form
The Master Software Subscription and Services Agreement https://catalisgov.com/software-as-a-service-saas-terms-and-conditions/ Exhibit A: Software Description and Scope of Use

General Notes:
• Capitalized terms used herein but not defined in this Order Form have the meanings given to them in the Master Software Subscription and Services Agreement. • Customer and Catalis agree to keep all aspects of this agreement confidential to the extent permitted by law.
• Pricing and/or terms are subject to change if the Order Form is not signed within sixty (60) days of the Order Form date.
• Invoices are due within thirty (30) days of the date of the invoice.

ACCEPTANCE
By signing below, I represent that I am validly authorized to enter into this Order Form and related Agreement and accept their terms and conditions.

Effective Date:

City of Salinas

By: _______________________________________
Name: _______________________________________
Title: _______________________________________
Date: _______________________________________
Catalis Public Works & Citizen Engagement:

By: _______________________________________
Name: _______________________________________
Title: _______________________________________
Date: _______________________________________

Catalis Order Form Page | 3
Catalis
3025 Windward Plaza, Suite 200
Alpharetta, GA 30005
No.: 0068Z00001g4DF0QAM
Order Form Date: 10/18/202

EXHIBIT A: SOFTWARE DESCRIPTION AND SCOPE OF USE

This Exhibit provides a description of the Software Services being offered; however, it is understood that detailed Functional Specifications will also be available in separate Documentation provided for guidance on product functionality and usage.

Request Management Enterprise

- Citizen Tools:
- Multi-channel civic engagement
- Resident Self-help portal
- Branded App
- Citizen Dashboards
- Notices
- Surveys
- Staff Tools
- Call Center Screen
- Customizable Request Views
- Automation
- Reporting
- Enterprise Request Management Mobile
- GIS data Integration
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-687, Version: 1
a. Public Employee Appointment - California Government Code Section 54957(b)(1), City Manager b. 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.
c. 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.

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