Agenda Packet — Salinas City Council, February 20, 2024 (part 3 of 3)

Version: January 2021

AGREEMENT —AMENDMENT NO. 3 TO

REMOVAL OF UNLAWFULL CAMPSITES, BULKY ITEMS, AND PERSONAL PROPERTY

BETWEEN
SMITH & ENRIGHT LANDSCAPING, INC., AND CITY OF SALINAS

This Amendment No. 3 to the Removal of Unlawful Campsites, Bulky items, and Personal Property (the “Amendment”) is entered into this 20th day of February 2024, by and between the City of Salinas (the “City”) and Smith & Enright Landscaping, Inc., (the “Contractor”). City and Contractor may be individually referred to herein as a “Party” and collectively the City and Contractor may be referred to as the “Parties.”

RECITALS

WHEREAS, the City and Contractor first entered into a/an Agreement for removal of unlawful campsites, bulky items, and personal property effective December 15, 2015, 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 reflect the revised compensation to be paid to contractor.

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

TERMS

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

The cost of this contract shall not exceed $250,000 per year.

With:

The cost of this contract shall not exceed $345,000 per year.

________________________________________________________________________

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

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

CITY OF SALINAS

___________________________________
Jim Pia, Interim City Manager

APPROVED AS TO FORM:

___________________________________
□ Chris Callihan, City Attorney

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Version: January 2021

□ Rhonda Combs, Assistant City Attorney

Smith & Enright landscaping, Inc.

____________________________________
Printed name: __Selena Herrin___________
Title: ___General Manager______________
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-045, Version: 1
HVAC Maintenance Service Agreement
Approve a Resolution authorizing the Interim City Manager to execute Amendment No. 1 with Environmental Systems Inc. for HVAC Maintenance Services to modify the scope of services to add 65 West Alisal (Permit Center) for quarterly service and increase the annual rate of compensation by $16,800 for a total not to exceed $70,470.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: February 20, 2024
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, DIRECTOR
BY: SEAN SCHMIDT, FACILITIES MANAGER
TITLE: HVAC MAINTENANCE SERVICE AGREEMENT

RECOMMENDED MOTION:

A motion to adopt a resolution authorizing the Interim City Manager to execute Amendment No. 1 with Environmental Systems Inc. for HVAC Maintenance Service s to modify the scope of services to add 65 West Alisal (Permit Center) for quarterly service and increase the annual rate of compensation by $16,800 for a total not to exceed $70,470.

RECOMMENDATION:

It is recommended that the City Council a pprove Amendment No.1 to the to Environmental Systems Inc HVAC service agreement. Amendment to the contract is for additional work that will be completed by the end of the contract term and allow quarterly service to be completed at the Permit Center. By increasing the annual rate by Sixteen Thousand, Eight Hundred Dollars ($16,800) the amendment total will be Seventy Thousand Four Hundred Seventy Dollars. ($70,470)
EXECUTIVE SUMMARY:

To maintain the City’s infrastructure, the Facilities department is asking for more resources. The City entered into an agreement with Environmental Systems Inc. on April 4, 2023. The not -to- exceed amount of the agreement was, Fifty-Three Thousand Nine Hundred Fifty Dollars ($53,950) annually, plus an hourly rate for emergency call backs and was signed by t he Council / City Manager. This amendment is to add 65 West Alisal (Permit Center) and increase compensation by Sixteen Thousand, Eight Hundred Dollars ($16,800) for a total of Seventy Thousand Four Hundred Seventy ($70,470). The amendment is requested to ensure services may continue and that the City infrastructure is managed correctly and safely.

BACKGROUND:

On October 18, 2022, a Request for Proposals (“RFP”) for City HVAC Services was published via Planet Bids , an online bidding tool. A total of 13 vendors were notified, subsequently 2 registered as prospective bidders. A pre-proposal conference, attended by two prospective bidders, Page | 2
was held on October 24. Proposals were due on November 7, 2022, at which time two vendors submitted proposals for evaluation.

An evaluation committee, comprised of four cross-departmental City staff members, was formed.

The committee conducted a thorough evaluation of the proposals, based on the criteria set forth in the RFP. Respondents’ prices were then evaluated using a points method and a final score assigned to each respondent per , facility group. The Points Method allowed the proposal with the lowest cost receive the maximum points , on all 4 categories scored . Local vendors were allotted 10%- point increase as identified in the RFP.

The City facilities requiring HVAC services consist of a mix of, recreation centers, & office/public buildings facilities. These include the following:

GROUP/CATEGORY FACILITY LOCATION
Facilities City Hall and Rotunda 200 Lincoln Avenue, 93901

Rec Centers

Community Development
Sherwood Hall 940 N Main Street, 93906
Aquatic Center 1 E Bernal Dr.

Permit Center 65 West Alisal

CEQA CONSIDERATION:

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

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

STRATEGIC PLAN INITIATIVE:

This item relates to the City Council’s Strategic Plan to have a Well-Planned City and Excellent Infrastructure. It’s the City’s goal to safely and efficiently manage the infrastructure with which we have been entrusted.

DEPARTMENTAL COORDINATION:

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The Maintenance Services division within Public Works Department worked hand in hand in the formulation of the amendment and throughout the process. Rec Park, and Facilities Staff made up the evaluation submittal review process. Legal staff will review the amendments as to form and legality, while Finance will assist Public Works in the issuance of a purchase order and monitoring of progress payments.

FISCAL AND SUSTAINABILITY IMPACT:

The contract with Environmental Systems Inc . is for $ 70,470 per year which will be funded through the departments’ operation budgets or the respective cost centers . A breakdown by General Ledger is listed below.

Available budget and proposed costs are outlined in the table below.

FACILITY GENERAL

LEDGER BUDGET

PROPOSED
ANNUAL
COST

AVAILABLE
BUDGET
(THRU JUNE
2024)

PROPOSED COST
(DEC THRU JUNE
2024)
City Hall and Rotunda 1000.50.5232-63.4500 $20,220 $20,220 $20,500

Sherwood Hall 1200.55.6243-63.4500 $33,450 $20,220 $33,450

Permit Center 1000.80.8003-63.6010

$16,800 19428 $16,800

Total $70,470 $59,868 $70,750

ATTACHMENTS:

Resolution
Amendment No. 1
Agreement for Services
RESOLUTION NO. _____ (N.C.S.)

A RESOLUTION TO APPROVE AMENDMENT No1 TO THE SERVICES

AGREEMENT WITH ENVIRONMENTAL SYSTEMS INC FOR HVAC

MAINTENANCE SERVICES

WHEREAS, the City and Environmental Systems Inc. desire to amend the Agreement for Services to reflect the additional work that will be completed by the end of the contract term and by increasing the annual compensation rate by Sixteen Thousand Eight Hundred Dollars ($16,800) for a total compensation of Seventy Thousand Four Hundred Seventy Dollars. ($70,470); and

WHEREAS, the City and Contractor agree to add an additional facility, 65 West Alisal (Permit Center), to the scope of service. Contractor hereby agrees to provide the following services: Quarterly HVAC maintenance service on city buildings.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby approves the Amendment No 1 to reflect the additional work that will be completed by the end of the contract term and to reflect an increase in the annual compensation by Sixteen Thousand, Eight Hundred Dollars ($16,800) for a total compensation of Seventy Thousand Four Hundred Seventy Dollars. ($70,470); and

BE IT FURTHER RESOLVED that Salinas City Council hereby approves adding an additional facility, 65 West Alisal (Permit Center), to the scope of service. Contractor hereby agrees to provide the following services: Quarterly HVAC maintenance service on city buildings; and

BE IT FURTHER RESOLVED that the Interim City Manager is hereby authorized to execute Amendment No 1 on behalf of the City.

PASSED AND APPROVED this 20th day of February, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

______________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

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Version: November 2023

AGREEMENT —AMENDMENT NO. 1 TO

ENVIRONMENTAL SYSTEMS INC AGREEMENT FOR HVAC SERVICES

This Amendment No. 1 to the HVAC Services Agreement is entered into this 20th day of February 2024, by and between the City of Salinas (the “City”) and Environmental Systems Inc., (the “Contractor”) City and Contractor may be individually referred to herein as a “Party” and collectively the City and Contractor may be referred to as the “Parties.”

RECITALS

WHEREAS, pursuant to Resolution # 22630, the City and Contractor first entered into an agreement for HVAC Services effective April 4, 2023, for Fifty-Three Thousand Six Hundred Seventy Dollars ($53,670) 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 reflect the additional work that will be completed by the end of the contract term and by increasing the annual compensation rate by Sixteen Thousand, Eight Hundred Dollars ($16,800) for a total compensation of Seventy Thousand Four Hundred Seventy Dollars. ($70,470); and

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

TERMS

1. Sections 1 and 4 of the Agreement are hereby amended as follows:

Section 1 and Attachment C of the Agreement are amended to include 65 West Alisal Street as an additional facility.

Section 4 of the Agreement is amended to increase the total amount of compensation to be paid under the Agreement by $16,800 to a total of $70,470.

2. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment No. 1 shall remain in full force and effect as if fully set forth herein.

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

CITY OF SALINAS

___________________________________
Jim Pia, Interim City Manager

APPROVED AS TO FORM:

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Version: November 2023

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

Environmental Systems Inc

____________________________________
Printed name: __Gene Enfantino_________
Title: __Corp. Sec._____________________
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AGREEMENT FOR SERVICES BETWEEN

THE CITY OF SALINAS AND ENVIRONMENTAL SYSTEM INC
HVAC Services
THIS AGREEMENT is executed this 4th day of April 2023, Agreement between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”) and Environmental Systems Inc, a California corporation (Hereinafter “Contractor”).

IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:

1. Scope. Contractor hereby agrees to provide to the City, as the scope of services under this Agreement, the following services: Quarterly HVAC maintenance service on city buildings.

Scope of work is further discussed in City’s Request for Proposal for City HVAC services, Attachment B and Contractor’s Proposal dated 10/18/23, Attachment C further explains the requirement from the Department of Industrial Relations.

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

3. Term. The work under this Agreement shall commence April 4, 2023 and shall be continue for a period of three years, through April 4, 2026 (Initial Term). City and Contractor have the option to extend the term for five one-year annual renewal extensions provided a written request is received no less than 60days before the end of the initial term unless City grants a written extension of time as set forth in Section 2 above.

4. Payment. City agrees to pay, and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, Fifty-Three Thousand Nine Hundred Fifty Dollars ($53,950) annually, plus an hourly rate for emergency call backs (Items C1) as more fully described in title of Contractors fee schedule, Attachment C. Contractor has no right of reimbursement for expenses under this Agreement. Compensation shall become due and payable 30 days after City’s approval of Contractor’s submission of monthly written invoices to the City.

The payment of any compensation shall be contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.

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

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

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

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

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

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

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

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

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

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

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

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

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CITY OF SALINAS
__________________________________
Steven S. Carrigan
City Manager
APPROVED AS TO FORM:
_________________________________
Christopher A. Callihan, City Attorney, or
Rhonda Combs, Assistant City Attorney

CONTRACTOR
___________________________________
By (Printed Name):___________________
Its (Title):___________________________
DocuSign Envelope ID: A5EA2ADC-0E05-400D-9567-6FD3DF969F0C Gene Enfantino
Corp. Sec.

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Attachment A
Insurance Requirements
Contractor shall procure and maintain for the duration of the contract, and for three years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his/her/its officers, agents, representatives, employees, and/or subcontractors.

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

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

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

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

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

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

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

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

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by DocuSign Envelope ID: A5EA2ADC-0E05-400D-9567-6FD3DF969F0C Agreement for Services v. January 2021 Page 5 of 26
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or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

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

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

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

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

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

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

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

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

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

Maintenance of Insurance
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Contractor of its indemnification obligations or any responsibility whatsoever and the Contractor may carry, at its own expense, such additional insurance as it deems necessary.

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Payment bond

2. Performance bond

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

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Attachment B

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Attachment B

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Attachment C
DEPARTMENT OF INDUSTRIAL RELATIONS’ STATE LABOR CODE
Labor Law Requirements
(CCR Title 8, Section 16421)

This public works project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). All work shall be in accordance with wage scales and applicable determinations made by the Director of the DIR, as p rovided by Article 2, Chapter 1, Division 2, Part 7 of the Labor Code of the State of California, commencing with §1771.

Penalties for violations may be applied by the DIR pursuant to the Labor Code §1813 and §1815. The C ontractor shall indemnify, hold harmless, and defend the City (with counsel reasonably approved by the City) against any claim for damages, compensation, fines, penalties , or other amounts arising out of the failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages as determined pursuant to Labor Code §1720, and hereby agrees to, §§1771-1774; to employ apprentices pursuant to Labor Code §1777.5 et seq., and/or to comply with the other applicable provisions of Labor Code §1720 et seq., §§1771- 1774, §1777.5 et seq., and the implementing regulations of the DIR in connection with t he scope of work. This indemnification section shall survive the expiration of the Term.

The Federal and State Labor Law requirements applicable to the Agreement are composed of, but not limited, to the following items:

1. Payment of Prevailing Wage Rates: All contractors, including subcontractors, shall pay no less than the prevailing rate of wages (Labor Code §1775), including the rates for holidays and overtime work (Labor Code §§1813 and 1815), to all workers employed in the execution of the contract (Labor Code §1774), pursuant to Labor Code §§1720-1784.

The prevailing rates are those issued as wage determinations by the D IR, for each craft, classification and type of work. The current wage rate information can be found at the DIR’s website at: https://www.dir.ca.gov/oprl/DPreWageDetermination.htm.

Copies of the prevailing rate of pe r diem wages are on file at City’s Public Works Department (principal place of office). Contractor shall post a copy of the determination of the Director of DIR of the prevailing rate of per diem wages at each job site.

2. Apprentices: Contractor and subcontr actors shall employ registered apprentices on this public works Agreement pursuant to Labor Code §1777.5. All contractors on this project (prime and subcontractors) are required to submit the Division of Apprenticeship Standards’ (“DAS”) Public Works Contr act Award Information (DAS 140) form to all applicable apprenticeship committees no later than 10 days before commencing work.

Additionally, all contractors are required to request registered apprentices (DAS 142 form).

Penalties for failure to pay prevail ing wages (for non -exempt projects) and failure to employ apprentices include forfeitures and debarment under Labor Code § §1775 and 1777.7.

3. Certified Payroll Records: All contractors, including subcontractors, must maintain and file certified payroll recor ds (“CPRs”) pursuant to Labor Code §1776. Additionally, all contractors and subcontractors must furnish certified payroll records into the DIR’s Electronic Certified Payroll Reporting (“eCPRs”) database DocuSign Envelope ID: A5EA2ADC-0E05-400D-9567-6FD3DF969F0C Agreement for Services v. January 2021 Page 25 of 26
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(https://efiling.dir.ca.gov/eCPR/pages/eCPROnlineForm.jsp). Penalties apply to Contractor and any Subcontractors for failure to do so under Labor Code §1777.

4. Subcontracting: Contractors are required to list all subcontractors hired to perform work on this public works agreement.

5. Proper Licensing/Registration : All contractors and subcontractors are required to be properly licensed, in accordance with the Provisions of Chap ter 9 of Division 3 of the Business and Professions Code and subject to the requirements of §4104 of the Public Contract Code. In addition, all contractors including subcontractors must submit proof of current registration to perform public work, pursuant to Labor Code §1771.1. Contractors are r equired to be properly licensed and to require all subcontractors to be properly licensed. Penalties for employing workers while unlicensed under Labor Code §1021 and under the California Contractors License Law, fou nd at Business and Professions Code §7000 et. seq.

6. Job Site Notices: Contractors are required to post all required notices (posters) on the job site in an area accessible to all workers, including subcontractors. Posters must be readable and placed in visible areas allowing workers to access the posters before, during, and after work shifts. Jobsites with multiple locations must include a portable poster board to ensure continued access to the information. Posters placed in foreman, supervisor, or employee vehicles, in an offsite job trailer, or inside a temporary restroom do not meet the posting requirement. Posters may be printed from the DIR’s website at:
http://www.dir.ca.gov/wpnodb.html.

7. Nondiscrimination in Employment – Equal Employment Opportunity (“EEO”) :

Employment discrimination is prohibited, pursuant to Labor Code §1777.6, the Government Code, and Title VII of the Civil Rights Act of 1964.

8. Kickbacks Prohibited: Contractors and subcontractors are prohibited from recapturing wages illegally by accepting or extracting “kickbacks” from employee wages pursuant to Labor Code §1778.

9. Acceptance of Fees Prohibited : Contractors and subcontractors are prohibited from accepting fees for registering any pers on for public work or for filling work orders on public works contracts, pursuant to Labor Code §§1779 and 1780.

10. Unfair Competition Prohibited : Contractors and subcontractors are prohibited from engaging in unfair competition as specified under Business and Professions Code §§17200 - 17208.

11. Workers’ Compensation: Contractors and subcontractors must be properly insured for Workers’ Compensation under Labor Code §1861. Contractor hereby represents that Contractor is aware of the provisions of Section 3700 of the Labor Code, which require every employee to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor will comply with such provisions before commencing the performance of the work of this agreement.

12. OSHA: Contractors and subcontractors must abide by the Occupational, Safety, and Health Laws and regulations that apply.

DocuSign Envelope ID: A5EA2ADC-0E05-400D-9567-6FD3DF969F0C Agreement for Services v. January 2021 Page 26 of 26
ESI
April 2023

DocuSign Envelope ID: A5EA2ADC-0E05-400D-9567-6FD3DF969F0C City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-055, Version: 1
Purchase of Equipment for 2024 Fire Academy Recruits
Approve a Resolution authorizing the Interim City Manager to approve the purchase of equipment from All Star Fire Equipment, Jaeco Fire and Safety, Curtis Tools for Heroes, Motorola Solutions, and Witmer Public Safety Group for seventeen (17) fire recruits in an amount not to exceed $404,431.50, inclusive of a 10% contingency per item.

City of Salinas Printed on 2/16/2024Page 1 of 1
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Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: FEBRUARY 20, 2024
DEPARTMENT: FIRE DEPARTMENT
FROM: SAMUEL P. KLEMEK, FIRE CHIEF
BY: ESTEFANIA VARGAS, MANAGEMENT ANALYST
TITLE: PURCHASE OF EQUIPMENT FOR 2024 FIRE ACADEMY

RECRUITS

RECOMMENDED MOTION:

Approve a resolution authorizing the City Manager to approve the purchase of equipment from All Star Fire Equipment, Jaeco Fire and Safety, Curtis Tools for Heroes, Motorola Solutions, and Witmer Public Safety Group for seventeen (17) fire recruits in an amount not to exceed $404,431.50, inclusive of a 10% contingency per item.

EXECUTIVE SUMMARY:

On October 10, 2023, the Salinas City Council approved a resolution accepting the SAFER Grant award, thereby securing full funding for nine ( 9) Fire Recruit positions. Recognizing the imperative to diminish overtime expenses and alleviate the strain on personnel due to turnover and industrial leave vacancies, the department has concluded that augmenting its workforce with an additional eight (8) positions would provide a comprehensive solution. Consequently, Salinas Fire seeks approval to procure all essential equipment for a seventeen (17)-recruit academy, ensuring its effectiveness and bolstering the department's operational readiness.

BACKGROUND:

The Salinas Fire Department is currently engaged in preparations for a forthcoming fire academy and is requesting authorization for the procurement of equipment required to outfit seventeen (17) Fire Recruits. In addition to nine (9) personnel funded by the SAFER Grant, the department continues to employ a strategy of “overstaffing” that has proven successful in curbing overtime costs associated with minimum staffing of a 24/7 emergency service and helps reduce reliance on mutual aid. “Overstaffing” includes the hiring of eight (8) additional personnel to account for current vacancies due to long -term industrial injuries, as well as forecasted turnover and retirements. The combination of SAFER personnel and overstaffing also helps assure the staffing of four (4) personnel on each of the two ladder trucks. This practice allows for additional unit hours to be made available for concurrent emergency calls , further reducing reliance on mutual aid. Should Council not approve this request, the department will be unable to provide new personnel with the necessary safety equipment and clothing mandated by state and federal Occupational Safety and Health Administration (OSHA) regulations, consequently hindering the Page | 2
academy's operations. Pending approval of the proposed resolution, the Salinas Fire Department will proceed with the acquisition of the following essential equipment for a total of $404, 431.50 which includes a 10% per item contingency.

There are no local vendors which offer the equipment indicated above. The City Council has the authority to approve this direct purchase under Salinas Municipal code Section12-27 and without application of the local purchasing preference pursuant to Salinas Municipal Code Section 12 -

28.080.

CEQA CONSIDERATION:

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

STRATEGIC PLAN INITIATIVE:

This resolution supports the City Council’s goal of Public Safety.

DEPARTMENTAL COORDINATION:

The Salinas Fire Department will seek the support of the Finance Department throughout the purchasing process.

FISCAL AND SUSTAINABILITY IMPACT:

Funding was identified through the approved M id-Year Budget Performance Review and Supplemental Appropriation Requests.

ATTACHMENTS:

Staff Report
Resolution
Quotes

Page | 1

RESOLUTION NO. (N.C.S.)

A RESOLUTION AUTHORIZING THE PURCHASE OF EQUIPMENT FOR 2024 FIRE

ACADEMY RECRUITS

WHEREAS, on October 10, 2023, the Salinas City Council approved a resolution accepting the SAFER award, thereby securing full funding for nine (9) Fire Recruit positions; and

WHEREAS, recognizing the imperative to diminish overtime expenses and alleviate the strain on personnel due to turnover and industrial leave vacancies, the Salinas Fire Department has concluded that augmenting its workforce with an additional eight (8) positions would provide a comprehensive solution; and

WHEREAS, the Salinas Fire Department seeks approval to procure all essential equipment for a seventeen ( 17)-recruit academy, ensuring its effectiveness and bolstering the department's operational readiness; and

WHEREAS, the Salinas Fire Department has obtained quotes from established and competitive vendors to procure the necessary safety equipment and clothing mandated by state and federal Occupational Safety and Health Administration (OSHA) regulations; and

WHEREAS, upon approval of this resolution, the Salinas Fire Department will proceed with the acquisition of all equipment as follows, for a total of $404, 431.50, which includes a 10% per item contingency; and,

WHEREAS, funding for the equipment has been made available with the City Council’s approval of mid-year appropriations.

NOW, THEREFORE, BE IT RESOLVED that pursuant to Salinas Municipal Code section 12 -27 and section 12 -28.080 the Salinas City Council authorizes the City Manager to approve the purchase of equipment from All Star Fire Equipment, Jaeco Fire and Safety, Curtis Tools for Heroes, Motorola Solutions, and Witmer Public Safety Group for seventeen (17) fire recruits in an amount not to exceed $404,431.50, inclusive of a 10% contingency per item.

PASSED AND APPROVED this 20th day of February 2024, by the following vote:

Page | 2

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

_______________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

SALES QUOTE
12328 Lower Azusa Road 2613 Barrington Court SFD012324-1 Arcadia, CA 91006 Hayward, CA 94545 Written By
(626) 652-0900 (510) 887-6295 Justin Eldridge
Salinas Fire Department Ship To: Salinas Fire Department Attn: Michelle Vaughn Attn: Anna Wood
65 W. Alisal St. 216 West Alisal St.

Second Floor Salinas, CA 93901
Phone: Email:

Date Date Required Cust. Order # Tax Exempt # Terms F.O.B. Salesperson Ship Via Quantity U/M Price Amount
17 EA 1,619.00 27,523.00
17 EA 320.00 5,440.00
Subtotal $32,963.00
Comments:

Sales Tax 9.250% $3,049.08
Freight $0.00
Total $36,012.08
Quote Expires in 30
Days

Richert Drop Ship
Description
Bill To:
1/23/2024 QUOTE
Scott 200077-50 E-Z Flo+ Regulator, QD Hose,
HUD, 2013 Edition
Scott 201215-22 AV-3000 HT Mask with 4 Strap
Kevlar Headnet, Medium
Net 30 Destination

PO Box 2789
DATE:
1/22/2024
Valid Until:
3/22/2024
Customer
By:

PART NUMBER

DESCRIPTION
QTY
COST

EXTENSION
CASALN00149

TURNOUT COAT, CUSTOM

SPECIFICATION, SALINAS FD
17 $1,947.00
$33,099.00
CASALN00144

TURNOUTPANTS, CUSTOM

SPECIFICATION, SALINAS FD
17 $1,321.00
$22,457.00
$55,556.00
$0.00

9.2500%
$5,138.93
$200.00
$60,894.93
Total:

NOTES:

TERMS: Net 30 Days
Freight (Lower of Quote or Actual Will be Invoiced):

Taxable SubTotal:

Non-Taxable SubTotal:

Santa Clara, CA 95055
Phone: 408-216-9688
Tax:

JAECO Fire and Safety
Salinas Fire Department
email: [email protected]
QUOTE
QUOTE #
20240122-1
Joe Tait

101 Independence Way
Coatesville, PA 19320
www.wpsginc.com
[email protected]
(610) 857-8070
Quote
Quote# QUO147344
Date 01/16/2024
Exp. Date 02/15/2024
1 of 1
Bill To: Ship To:

City of Salinas Fire Department
200 Lincoln Ave
Salinas, CA 93901
United States
Joseph Tait
Fire Station 1
216 W Alisal St
Salinas, CA 93901
United States
Academy Equipment
ID Name Ordered By Terms Sales Rep Shipping Method
12650 City of Salinas Joseph Tait Net 30 David Diianni TForce Freight # Item Name Description Quantity Unit Price Amount
1 100NX-BLK-PACII Majestic Notched Shoulder Hood, Nomex 2-ply, Black Outer Layer & White Inner Layer
34 52.39 1,781.26
2 CMC-300221 CMC ProSeries Aluminum Key-Lock NFPA Carabiner Screw-Lock, Color: Silver
17 44.99 764.83
3 90545 Streamlight Survivor LED, 4AA Alkaline, Black 17 63.99 1,087.83 4 BT5007-1302 PRO Warrington 14" Structural Fireﬁghter Boot Boot, Size: 13 D Red Liner
17 669.99 11,389.83
5 1044XDB Cairns 1044 w/Innerzone 2 Goggles, Deluxe, Black 17 439.99 7,479.83 6 1-TUWEB-150-B Sterling 1 Tubular Webbing, Black 150 Feet. " 17 52.99 900.83 7 CMC-204006 FULCRUM ESCAPE BELT, ST, SLIDING D, FR, LG/XL 17 142.99 2,430.83 ACCEPTANCE OF QUOTATION Subtotal: 25,835.24
The above prices,speciﬁcations, and conditions are satisfactory and are hereby accepted. Discount: 0.00 Freight charges are estimated at the time of quote. Applicable freight costs will apply at time of shipment.

Tax Total: 2,389.76
Quotation is valid until Feb 15,2024 Freight: 429.99
Signature: _____________________________ Date: ___________________________________ Total: 28,654.99 101 Independence Way
Coatesville, PA 19320
www.wpsginc.com
[email protected]
(610) 857-8070
Quote
Quote# QUO147344
Date 01/16/2024
Exp. Date 02/15/2024
1 of 1
Bill To: Ship To:

Tax Total: 2,389.76
Quotation is valid until Feb 15,2024 Freight: 429.99
Signature: _____________________________ Date: ___________________________________ Total: 28,654.99 Ph: 510-839-5111
TF: 800-443-3556
Fax: 510-839-5325
[email protected]
UEI#: DDLSADSWN7U7
Paci®c North Division
6723 Sierra Court, Suite C
Dublin, CA 94568
www.LNCurtis.com
Quotation No. 287600

Page 1 of 3 ends

Quotation
CUSTOMER: SHIP TO:

Salinas City Fire Department
65 West Alisal Street, Suite
210
Salinas CA 93901
Salinas City Fire Department
216 West Alisal Street
Salinas CA 93901
QUOTATION NO. ISSUED DATE EXPIRATION DATE
287600 01/19/2024 02/18/2024

SALESPERSON CUSTOMER SERVICE REP
CCC
[email protected]
831-535-9541
Erik Anderson
[email protected]
559-554-5460
REQUISITION NO. REQUESTING PARTY CUSTOMER NO. TERMS OFFER CLASS ROBERT MARQUES C35864 Net 30 FR
F.O.B. SHIP VIA DELIVERY REQ. BY
SP Standard Shipping

NOTES & DISCLAIMERS
Thank you for this opportunity to quote. We are pleased to offer requested items below. If you have any questions, need additional information, or would like to place an order, please contact your Customer Service Rep as noted above.

Safety Warning Notice: Products offered, sold, or invoiced herewith may have an applicable Safety Data Sheet (SDS) as prepared by the manufacturer of the product. The SDS is provided with the product. In addition, manufacturer's safety and/or warning notices, instructions and information relating to the proper use and care of the product is provided with the product. All applicable SDS, safety and/or warning notices, instructions and other information provided with the product should be thoroughly read, reviewed, and understood prior to handling, distributing, using, reselling, or servicing any and all products provided by Curtis. Materials utilized to clean, repair, maintain and/or service your owned equipment, as well as Curtis owned equipment, may contain per-and poly¯uoroalkyl substances (PFAS) to meet national standards or original equipment manufacturer speci®cations. For other important product notices and warnings, or to request an SDS, product speci®cations, manufacturer's safety notices, instructions and/or warning notices, please contact Curtis or visit https://www.lncurtis.com/product-notices-warnings

LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 1 17 EA FH911HRY

BULLARD
Y ellow Wild®re Helmet, Hat Style, with
Ratchet
* Cal-OSHA, NFPA Labelled
$75.00 $1,275.00
2 17 EA WLF1072

CREWBOSS
Y ellow Twill 7oz Sigma 4 Star Cal Fire
Spec Ear-Neck-Face & Protector with
Hook & Loop Attachment to Inner Edge
of Helmet and Hook & Loop Front
Closure
* Cal-OSHA labelled
OM $66.50 $1,130.50
Ph: 510-839-5111
TF: 800-443-3556
Fax: 510-839-5325
[email protected]
UEI#: DDLSADSWN7U7
Paci®c North Division
6723 Sierra Court, Suite C
Dublin, CA 94568
www.LNCurtis.com
Quotation No. 287600

Page 2 of 3 ends

LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 3 17 EA 61052 STRMLIT Septor LED Headlamp with Strap and Alkaline Battery
OM $31.99 $543.83
4 17 EA CFC0122-XL

CREWBOSS
XLarge Y ellow 5.8oz Nomex Wildland
Coat
* 46-48" Chest
* Cal-OSHA, NFPA Labeled
OM $379.05 $6,443.85
5 34 PR SWP3724-34-30

CREWBOSS
34X30 Midnight Navy S469 7.5oz
Nomex Gen II Dual-Compliant Tactical
Pants, Relaxed Fit
OM $236.25 $8,032.50
6 17 PR 18051-10-D
DANNER
Size 10D Black 8" Modern Fire®ghter
Composite Toe Work Boots
* Meets NFPA 1977 for Wildland, NFPA
1999 for EMS
$230.35 $3,915.95
7 17 PR PT -8-WK-L
PROTECH8
Large Knit Wristlet Wildland Fire Fighting
Gloves, Meets NFPA 1977
* Cal-OSHA, NFPA labeled
OM $39.20 $666.40
8 17 EA SGR6210 TRUE
NORTH
Black Spyder Gear Pack OM $148.71 $2,528.07
9 17 EA M2002 SHELTER Regular Size Forest Fire Shelter, with Blue Carry Case and Plastic Liner
OM $600.00 $10,200.00
10 17 EA FF-19J HAWKE Red Placer County Turnout Bag
30"L x 17"H x 15"D
OM $113.94 $1,936.98
Ph: 510-839-5111
TF: 800-443-3556
Fax: 510-839-5325
[email protected]
UEI#: DDLSADSWN7U7
Paci®c North Division
6723 Sierra Court, Suite C
Dublin, CA 94568
www.LNCurtis.com
Quotation No. 287600

Page 3 of 3 ends

LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE Small Business
CAGE Code: 5E720
SIC Code: 5099
Federal Tax ID: 94-1214350
UEI #DDLSADSWN7U7
This pricing remains ®rm until 02/18/2024. Contact us for updated pricing after this date.

Due to market volatility and supply shortages, we recommend contacting your local L.N. Curtis and sons of®ce prior to placing your order to con®rm pricing and availability. This excludes our GSA Contract and other Fixed Price Contracts which are governed by contract-speci®c prices, terms, and conditions.

Subtotal $36,673.08
Estimated Tax Total $3,392.26
Transportation* $0.00
*(to be added when order ships)
Total $40,065.34
View Terms of Sale and Return Policy
Line # Item Number Description Quantity Unit List Price APX™ 8000 Series
1 H91TGD9PW7AN APX 8000 ALL BAND PORTABLE MODEL 3.5. 17 $7,774.00 1a Q445AG ADD: APX PERSONNEL ACCOUNTABILITY. 17 $165.00 1b Q806CB ADD: ASTRO DIGITAL CAI OPERATION. 17 $567.00
1c Q361AN ADD: P25 9600 BAUD TRUNKING. 17 $330.00
1d QA02006AC ENH: APX8000XE RUGGED RADIO. 17 $880.00
1e QA00580AA ADD: TDMA OPERATION. 17 $495.00
1f Q387AW ADD: MULTICAST VOTING SCAN. 17 $220.00
1g Q53AF
ADD: FRONT PANEL PROGRAMMING &
CLONING. 17 $165.00
1h QA00631AB ADD: DVRS PSU ACTIVATION. 17 $110.00
1i Q887AU ADD: 5Y ESSENTIAL SERVICE. 17 $306.00
1j QA09007AA
ADD: OUT OF THE BOX WIFI
PROVISIONING. 17 $0.00
1k QA09001AB ADD: WIFI CAPABILITY. 17 $330.00
1l QA03399AA ADD: ENHANCED DATA APX. 17 $165.00
1m H38BS ADD: SMARTZONE OPERATION. 17 $1,650.00
1n QA09113AB ADD: BASELINE RELEASE SW. 17 $0.00
1o G996AP ADD: PROGRAMMING OVER P25 (OTAP). 17 $110.00
Terms and Conditions: Net 30 days
SALINAS CA, 93901 Contract Name: 17724 - HGAC (TX)-RA05-21 [email protected] 408-640-9861
Customer: SALINAS, CITY OF Currency: USD
Contact Name: Sam Klemek
Contact Email: [email protected]
Contact Phone: 8317587261
SALINAS, CITY OF Quote Date: 2024-01-16 Jim Trevino
65 W ALISAL ST 2ND FL Expiration Date: 2024-03-16 Motorola Manufacture Representative Billing Address: Quote Created By:

1p Q629AH ENH: AES ENCRYPTION AND ADP. 17 $523.00
1q QA01427AG ALT: APX8000/XE HOUSING GREEN. 17 $28.00
2 PMNN4504A
BATT IMPRES 2 LIION UL2054 DIV2 R IP68
3400T. 17 $222.92
Standalone Items
3 PMMN4106D

AUDIO ACCESSORY-REMOTE SPEAKER
MICROPHONE,XE500 REMOTE SPKR MIC

WITH CHANNEL KNOB, HIGH IMPACT
GREEN. 17 $665.28
APX™ Radio Management
4 T7914A RADIO MANAGEMENT ONLINE. 1 $0.00
4a UA00049AA
ADD: RADIO MANAGEMENT LICENSES
ONLINE. 17 $110.00
Standalone Items
5 NNTN8844A
CHARGER, MULTI-UNIT, IMPRES 2, 6-DISP,
NA/LA-PLUG, ACC USB CHGR. 1 $1,705.20
rev001
Ext. List Price Discount % Discount $ Unit Sale Price Ext. Sale Price APC $132,158.00 27.00% $2,098.98 $5,675.02 $96,475.34 0579
$2,805.00 27.00% $44.55 $120.45 $2,047.65 0579
$9,639.00 27.00% $153.09 $413.91 $7,036.47 0579
$5,610.00 27.00% $89.10 $240.90 $4,095.30 0579
$14,960.00 27.00% $237.60 $642.40 $10,920.80 0579
$8,415.00 27.00% $133.65 $361.35 $6,142.95 0579
$3,740.00 27.00% $59.40 $160.60 $2,730.20 0579
$2,805.00 27.00% $44.55 $120.45 $2,047.65 0579
$1,870.00 27.00% $29.70 $80.30 $1,365.10 0579
$5,202.00 0.00% $0.00 $306.00 $5,202.00 0185
$0.00 0.00% $0.00 $0.00 $0.00 0579
$5,610.00 27.00% $89.10 $240.90 $4,095.30 0579
$2,805.00 27.00% $44.55 $120.45 $2,047.65 0579
$28,050.00 27.00% $445.50 $1,204.50 $20,476.50 0579
$0.00 0.00% $0.00 $0.00 $0.00 0579
$1,870.00 27.00% $29.70 $80.30 $1,365.10 0579
[email protected]
408-640-9861
Currency: USD
Jim Trevino
Motorola Manufacture Representative
Quote Number: QUOTE-2489564
Quote Created By:
$8,891.00 27.00% $141.21 $381.79 $6,490.43 0579
$476.00 27.00% $7.56 $20.44 $347.48 0579
$3,789.64 25.00% $55.73 $167.19 $2,842.23 0453
$11,309.76 25.00% $166.32 $498.96 $8,482.32 0372
$0.00 0.00% $0.00 $0.00 $0.00 0430
$1,870.00 20.00% $22.00 $88.00 $1,496.00 0430
$1,705.20 25.00% $426.30 $1,278.90 $1,278.90 0785
Net Total $186,985.37
Estimated Tax $17,296.15
Estimated Freight $0.00
Grand Total $204,281.52
Parametric Data
EMAILADR = [email protected]
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-064, Version: 1
Professional Service Agreement with Carollo Engineers
Approve a Resolution authorizing the Interim City Manager to execute a Professional Services Agreement with Carollo Engineers for grant reporting, documentation, plan review, and permitting assistance in an amount not to exceed $219,900.

City of Salinas Printed on 2/16/2024Page 1 of 1
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Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: FEBRUARY 20, 2024
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, DIRECTOR
TITLE: PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY

OF SALINAS AND CAROLLO ENGINEERS

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the Interim City Manager to execute a Professional Services Agreement with Carollo Engineers for grant reporting, documentation, plan review, and permitting assistance in an amount not to exceed $219,900.

BACKGROUND:

In 2020, the City applied for a storm water implementation grant through Round 2 of the State Water Resources Control Board (State Water Board) Proposition 1 Storm Water Grant Program (SWGP) for the Salinas Project to Enhance Regional Stormwater Supply (SPERSS). The goals of the SPERSS project were to enhance the City’s stormwater capture, storage, and conveyance infrastructure at the Treatment Plant 1 and Industrial Wastewater Treatment Facility (IWTF) sites.

Stormwater Grant Agreement No. D2112160 was executed on October 31, 2022, with an award amount of $8,799,154. Council authorized the City Manager to execute the agreement on behalf of the City on March 30, 2021 (Resolution No. 22073). Council also approved a professi onal service agreement with E2 Consulting Engineers for design services and accepted grant funds on June 14, 2022 (Resolution No. 22394).

On August 22, 2023, with Resolution No. 22778, City Council approved an agreement with Carollo Engineers for Grant Reporting and CEQA Assistance . This contract covered grant reporting required by the State Water Board which must be submitted to the grant Project Manager for approval . These include preparation of a Monitoring and Reporting Plan (MRP) and a Quality Assurance Project Plan (QAPP). In addition , assistance with final CEQA documentation for the project was needed.

Carollo has been taking care of the reporting on the project and has done extra work on requesting time extensions and scope changes on the project. They were instrumental in getting $1.5 million in expiring grant funds extended until 2027, helping the project move forward.

Page | 2
The next steps of the project include finalizing the plans and specifications for the project. This will require technical o versight, coordination, and review. A large portion of this contract will allow Carollo to complete these tasks and keep the project on schedule.

The schedule for this project is driven by milestone commitments made in the Grant Agreement.

Given the scope of work to be completed within the committed time frames, Carollo needs to continue the work they started under the original contract. Carollo Engineers was instrumental in helping the City develop this project and obtain the grant award. They also recently performed the CEQA process for the Industrial Wastewater Treatment Facility improvements. Given their intimate familiarity with the grant project scope, related CEQA considerations and th e IWTF facility, along with their relationship with the design engineer E2 Consulting, staff believes Carollo to be uniquely qualified to carry out the work in the most timely and efficient manner. City staff recommends sole source award of this work to Carollo as no other consulting entity is currently as familiar with the City’s needs and challenges associated with this effort.

CEQA CONSIDERATION:

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

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

STRATEGIC PLAN INITIATIVE:

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

DEPARTMENTAL COORDINATION:

This project will rely on coordination between the Wastewater and Water, Waste and Energy (WWE) divisions in Public Works and the Finance Department. WWE will coordinate the overall execution of the grant efforts with input and field support from Wastewater Division staff. Finance will coordinate the reimbursement of project expenses through the State Water Board.

FISCAL AND SUSTAINABILITY IMPACT:

Page | 3

The total estimated cost for the scope of work contained in the Professional Services Agreement is $219,900. The proposed scope of work is considered a part of the grant and grant funds will be used for this contract. The funds are available in CIP 9317.

All funding for th is agreement will come from the Grant Funds and no General Funds will be expended.

ATTACHMENTS:

Resolution
Professional Services Agreement City of Salinas and Carollo Engineers

Page 1 of 2 ends

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

A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SALINAS AND CAROLLO ENGINEERS FOR GRANT

REPORTING, DOCUMENTATION, PLAN REVIEW, AND PERMITTING

ASSISTANCE AND AUTHORIZING THE INTERIM CITY MANAGER TO ENTER

INTO THE AGREEMENT ON BEHALF OF THE CITY

WHEREAS, the City of Salinas has been awarded a State Water Resources Control Board (State Water Board) Proposition 1 Storm Water Grant for improvements at the Ind ustrial Wastewater Treatment Facility and Treatment Plant 1 site, namely the Salinas Project to Enhance Regional Stormwater Supply; and

WHEREAS, on March 30, 2021, City Council authorized the City Manager to execute an agreement with the State Water Board on behalf of the City and on October 31, 2022, Stormwater Grant Agreement No. D2112160 was executed with an award amount of $8,799,154; and

WHEREAS, on August 22, 2023, City Council approved an agreement with Carollo Engineers for Grant Reporting and CEQA assistance; and

WHEREAS, City staff needs to extend and expand the agreement to include funding support, permitting, and technical oversight ; and

WHEREAS, the amount of reporting to be completed within a committed time frame required by State Water Board requires that a consultant be engaged quickly in order stay on schedule; and

WHEREAS, staff recommends sole source award of this work to Carollo Engineers, Inc. as no other consulting entity is currently as familiar with the City’s needs and challenges associated with this effort.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALINAS, that the agreement between the City of Salinas and Carollo Engineers, Inc. to provide professional services related to grant reporting and CEQA assistance in the amount of $219,900 is hereby approved; and

BE IT FURTHER RESOLVED that the Interim City Manager is hereby authorized to execute an Agreement for Professional Services with Carollo Engineers , Inc. , a Delaware Corporation in an amount not to exceed $219,900; and

BE IT FURTHER RESOLVED that the City Manager is authorized to execute extensions and/or non-substantive modifications to the Agreement, as necessary.

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PASSED AND APPROVED this 20th day of February 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

_______________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

AGREEMENT

FOR PROFESSIONAL SERVICES FOR

ENVIRONMENTAL CONSULTANTS/

CONTRACTORS BETWEEN

THE CITY OF SALINAS AND CAROLLO

ENGINEERS, INC

Contents
RECITALS ................................................................................................................................. 1 TERMS ....................................................................................................................................... 1

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

2. Term; Completion Schedule. ............................................................................................... 1

3. Compensation ...................................................................................................................... 1

4. Billing .................................................................................................................................. 1

5. Meet and Confer. ................................................................................................................. 2

6. Additional Copies. ............................................................................................................... 2

7. Responsibility of Consultant. ............................................................................................... 2

8. Responsibility of City. ......................................................................................................... 2

9. Acceptance of Work Not a Release. .................................................................................... 3

10. Indemnification and Hold Harmless. ................................................................................... 3

11. Insurance. ............................................................................................................................. 3

12. Access to Records. ............................................................................................................... 3

13. Assignment. ......................................................................................................................... 3

14. Changes to Scope of Work. ................................................................................................. 4

15. Ownership of Documents. ................................................................................................... 4

16. Termination. ......................................................................................................................... 4

17. Compliance with Laws, Rules, and Regulations. ................................................................ 5

18. Exhibits Incorporated. .......................................................................................................... 5

19. Independent Contractor. ....................................................................................................... 5

20. Integration and Agreement. ................................................................................................. 5

21. Jurisdiction. .......................................................................................................................... 5

22. Severability. ......................................................................................................................... 6

23. Notices. ................................................................................................................................ 6

24. Nondiscrimination................................................................................................................ 6

25. Conflict of Interest. .............................................................................................................. 7

26. Headings. ............................................................................................................................. 7

27. Attorneys’ Fees .................................................................................................................... 7

28. Non-Exclusive Agreement. .................................................................................................. 7

29. Rights and Obligations Under Agreement. .......................................................................... 7

30. Licenses................................................................................................................................ 7

31. Counterparts. ........................................................................................................................ 7

32. Legal Representation. .......................................................................................................... 7

33. Joint Representation. ............................................................................................................ 8

34. Warranty of Authority.......................................................................................................... 8

35. No Waiver of Rights. ........................................................................................................... 8 Exhibit A- Insurance Requirements for Environmental Contractors and/or Consultants ........ 10 Exhibit B- Scope of Service ..................................................................................................... 13

Enviro. Prof. Services Agreement v. January 2021 Page 1 of 13 Carollo Engineers, Inc. – Prop 1 Round 2 Grant Reporting and CEQA Assistance August 2023

AGREEMENT FOR PROFESSIONAL SERVICES FOR ENVIRONMENTAL

CONSULTANTS/CONTRACTORS BETWEEN

THE CITY OF SALINAS AND CAROLLO ENGINEERS INC

This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this ____ day of ______, 2024, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and Carollo Engineers, Inc., a Delaware corporation, (hereinafter “Consultant”).

RECITALS

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

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

NOW, THEREFORE, City and Consultant agree as follows:

TERMS

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

2. Term; Completion Schedule. This Agreement shall commence on March 1, 2024, and shall terminate on March 1, 2026, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties, and may be terminated only pursuant to the terms of this Agreement.

3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed two hundred nineteen thousand nine hundred dollars ($219,900).

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

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

(A) A brief description of services performed;
(B) The date the services were performed;
(C) The number of hours spent and by whom;
(D) A brief description of any costs incurred; and
(E) The Consultant’s signature.

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

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

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

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

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

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

(A) Assist Consultant by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the projects. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City.

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

(C) Steve Carrigan, City Manager, or his designee, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall have the

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complete authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services. City may unilaterally change its representative upon notice to the Consultant.

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

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

10. Indemnification and Hold Harmless.

Consultant agrees to indemnify, including the cost to defend, City and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City; and does not apply to any passive negligence of the City unless caused at least in part by the Design Professional. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault.

Consultant shall not be responsible for warranties, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental, liquidated, or consequential damages to City or any third party arising out of breach of contract, delay, termination, or for professional negligence. Additionally, Consultant shall not be responsible for acts and decisions of third parties, including governmental agencies, other than Consultant’s subconsultants, that impact project completion and/or success.

11. Insurance.

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

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

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

13. Assignment. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of

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Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City.

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

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

16. Termination.

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

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

(2) For any reason whatsoever.

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

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

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

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

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

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

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

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

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

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

21. Jurisdiction. This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.

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

23. Notices.

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

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

With a copy to:

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

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

Lydia Holmes
Vice President
Carollo Engineers, Inc.
2795 Mitchell Drive
Walnut Creek, CA 94598
(925) 932-1710

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

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

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

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ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.

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

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

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

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

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

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

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

32. Legal Representation. Each party affirms that it has been represented by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other

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party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.

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

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

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

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

36. Delay. Consultant shall not be responsible for warranties, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental, liquidated, or consequential damages to City or any third party arising out of breach of contract, delay, termination, or for professional negligence. Additionally, Consultant shall not be responsible for acts and decisions of third parties, including governmental agencies, other than Consultant’s subconsultants, that impact project completion and/or success.

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

CITY OF SALINAS

__________________________________
Jim Pia
Interim City Manager

APPROVED AS TO FORM:

_________________________________
□ Christopher A. Callihan, City Attorney or
□ Rhonda Combs, Assistant City Attorney

CONSULTANT

___________________________________
By: Lydia Holmes
Its: Vice President - Carollo Engineers

___________________________________
By: Anne Prudhel
Its: Senior Vice President - Carollo Engineers

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Exhibit A- Insurance Requirements for Environmental Contractors and/or Consultants

Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees, or subcontractors. With respect to General Liability, Errors & Omissions, Contractor’s Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after Contract completion.

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

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

2. Automobile Liability: ISO Form CA 0001 covering any auto (Code 1), or if Consultant has no owned autos, hired (Code 8) and non -owned (Code 9) autos, with limit s no less than $1,000,000 per accident for bodily injury and property damage.

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

4. Professional Liability and/or Errors & Omissions: Insurance applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

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

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

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Other Insurance Provisions
A. The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:

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

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

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

B. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:

1. The retroactive date must be shown, and m ust be before the date of the contract or the beginning of Agreement of work.

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

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

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

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

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Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII if admitted in the State of California. If Contractor’s Pollution Liability, Asbestos Pollution and/or Errors & Omissions coverages are not available from an admitted insurer, the coverage may be written by a non-admitted insurance company. A non-admitted company should have an A.M.

Best rating of A:X or higher. Exception may be made for the California State Compensation Insurance Fund if not rated.

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

Waiver of Subrogation
Consultant hereby grants to City a waiver of subrogation which any insurer may acquire against City, its officers, officials, employees, and volunteers, from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

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

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

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

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Exhibit B- Scope of Service

[Scope of Service; Compensation]

2795 Mitchell Drive, Walnut Creek, California 94598
P. 925.932.1710 F. 925.930.0208

final 1 2024 SW Support Proposal.docx
January 8, 2024

City of Salinas
200 Lincoln Avenue
Salinas, CA 93901
Subject: Salinas Industrial Waste Facilities Improvement Projects Dear Mr. Jacobs:

Enclosed is the proposal for Carollo’s services for continued support for the Stormwater Projects. We appreciate the opportunity to continue to work with you.

Please let us know if you have any questions on this scope and budget.

Sincerely,
CAROLLO ENGINEERS, P.C.

Lydia Holmes, PE
Vice President
LH

Scope of Work
for City of Salinas
Stormwater Improvement Projects
Jan 8, 2024
T
he City of Salinas (City), with the support of Monterey One Water (M1W), its project partner, was awarded $8.8 million in Proposition 1 Stormwater Round 2 Implementation grant funding for the Salinas Project to Enhance Regional Stormwater Supply (SPERSS) project. The project elements include improvements to the Salinas Treatment Plant No. 1 and the Salinas Industrial Wastewater Treatment Facility. This scope of services includes tasks to support the City’s coordination with the SWRCB for funding as well as technical support for design review and permitting.

Specific tasks to be completed by Carollo and its subconsultant include:
• Project management and meetings for 6 months
• Ongoing funding support/coordination with the SWRCB
• Permitting
• Revision to grant documents, if needed
• Technical oversight, coordination, and review
Design of the improvements are being prepared by other consultants under direct contract to the City.

Carollo (Consultant) is providing program management services to assist the City in coordinating and reviewing the design work, assisting with permitting, coordinating funding and pursuing funding (if needed), and coordinating SWRCB-required documentation.

Task 1 – Project Management and Meetings/Coordination
Carollo will provide management of the project including regular meetings, coordination with the City and subconsultants, and monthly invoices. It is assumed that the schedule for this phase of work will last approximately six months. Biweekly virtual meetings are assumed for the duration of the project. Agendas and topics to discuss will be determined prior to each meeting.

Deliverables:
• Meeting agendas and notes, as needed
Task 2 - Ongoing Funding Support
Carollo will assist the City in planning and applying for funding for the Stormwater Project elements.

Task 2.1 – Coordination with SWRCB
Carollo will continue to coordinate with the SWRCB on the grant requirements, amendment and funding amounts. Up to four additional meetings are budgeted.

Deliverables:
• Meeting agendas and notes, as needed
Task 2.2 – Review of Project Costs and Identify Additional Funding Needs Carollo will assist the City with review of the project costs prepared by designer and compare this amount to the available funding from the SWRCB. Funding gaps will be identified and discussed as to what can be potentially bid as a deduct item, as well as what elements may be eligible for funding from other sources. Up to three meetings will be held with designer and City to discuss. If there is a funding gap, the first priority will be to work with the SWRCB to see if additional funding can be secured.

Deliverables:
• Meeting agendas and notes, as needed

Task 2.3 – Identify Additional Funding Sources and One Grant Application Carollo will support the City in identifying additional funding sources, if required. Carollo will do a funding search and develop a funding matrix to compare potential funding options. It is assumed that one funding source will be selected for developing an application. Carollo will prepare the one grant application based on the most likely funding sources identified. Depending on the grant, the effort may include developing project descriptions, project benefits, project costs and funding plan details. Carollo will lead the development of the draft and final grant application per funding agency’s requirements and, if requested, submit the grant package on behalf of the City. The City will provide required resolutions and financial documentation. The City will also coordinate required signatures on the grant application and forms as well as provide available technical information. For budgeting purposes, a fee of $30,000 has been estimated.

Based on the type of application selected, the level of effort may vary.

Deliverables:
• Funding matrix
• One grant application, draft and final

Task 3 – Permitting
Carollo will coordinate with the designer and the City to help obtain permits for the Stormwater Project.

Carollo will coordinate with the RWQCB to determine what if any permits are required for the diversion of the stormwater into the IWTF. It is anticipated that up to two meetings may be required with the RWQCB along with providing them details on the proposed project. It is not anticipated that any building permits will be required. A grading permit may be required for construction. Contractors will be responsible for preparing a SWPPP for the RWQCB.

Carollo will coordinate with the Monterey Bay Air Resources District to obtain authority to construct and a permit to operate for the new standby generators. It is assumed that the City will pay the air permit application fee directly to the District.

The City’s design consultant will be responsible for coordinating with PG&E for electrical and power requirements. Carollo will help facilitate discussions with PG&E.

Deliverables:
• Air Permit application
• Meetings notes and agendas

Task 4 – Grant Documents including CEQA Documentation
Carollo and its subconsultant will continue to coordinate with the City and the SWRCB to get final approval of the required grant documents including the PEAP, MRP, QAPP, CEQA Addendum and MRRP. All of these documents have been submitted to the State in draft form. If the State provides comments, the documents will be revised as needed.

Deliverables:
• Final PEAP, MRP, QAPP, CEQA Addendum and MRRP

Task 5 - Technical Oversight, Coordination and Review
Carollo will provide technical review, coordination and oversight on behalf of the City to review the design efforts being prepared by other consultants. Carollo will review submittals and provide comments on drawings and specifications. Carollo will also participate in technical meetings to discuss designs. It is assumed there will be two design/construction packages.

Carollo will review the 30%, 60% and 90% design packages and provide comments on drawings and specifications on the City’s behalf. It is assumed that the total number of sheets could be up to 100 drawings between the two packages.

Deliverables:
• Written comments on design deliverables.

Scope Assumptions
Consultant shall be entitled to use and reasonably rely upon all such information and services provided by City or others in performing Consultant's services under this Scope of Work.

Consultant has no control over the cost of labor, materials, equipment or services furnished by others.

Consultant cannot and does not guarantee that actual costs and/or quantities realized will not vary from the data projections and estimates prepared by Consultant.

The services to be performed by Consultant are intended solely for the benefit of City. No person or entity not a signatory to the Agreement shall be entitled to rely on consultant's performance of its services hereunder, and no right to assert a claim against Consultant by assignment of indemnity rights or otherwise shall accrue to a third party as a result of the Agreement or the performance of Consultant's services.”

CAROLLO ENGINEERS, INC.

FEE SCHEDULE for
City of Salinas Stormwater Project
January 2024

Classification
Principle in Charge/Project Manager
Lead Professional
Project Engineer
Professional Engineer
Staff
Disciplines (QA/QC)
Graphics
Word Processing/Admin

Project Equipment Communication Expense
(PECE) Per DL Hour

Travel and Expenses
Milage at IRS Reimbursement Rate
Subconsultants

Hourly Rate
$315
$305
$235
$200
$180
$280
$165
$135

$14

At cost
milage at $.655 per mile
cost + 10%

This fee schedule is subject to annual revisions due to labor adjustments.

Hours by Classification
Lead Professional
Project Engineer
Staff
Discipline QAQC
reviewers Labor PECE
Printing/
Travel
Subs/
Direct Costs
Subs/
Direct Cost
+ 1
0%
Subs and
Other Direct
E
xpenses Estimated Fee
PECE Other
$315 $305 $ 235 $200 $180 $280 $165 $135 14.00$
Task 1 - Project Management and Meetings, 6 months 18 6 18 18 0 0 0 12 72 1 7,000$ 1,008$ -$ -$ 1,008$ 18,008$ Task 2 - On Going Funding Support 36 12 40 64 60 0 12 10 234 51,300$ 3,276$ -$ -$ -$ 3,276$ 54,576$ Task 2.1 – Coordination with SWRCB on funding 12 2 8 12 0 0 34 8,700$ 476$ -$ -$ -$ Task 2.2 – Review of Project Cost and Identify Additional Funding Needs 12 2 8 12 0 0 34 8,700$ 476$ -$ -$ -$ Task 2.3 – Identifying Additional Funding Sources and One Grant Application 12 8 24 40 60 0 12 10 166 34,000$ 2,324$ -$ -$ -$ Task 3 - Permitting 20 8 20 20 4 0 8 0 80 19,500$ 1,120$ -$ 22,000$ 2,200$ 25,320$ 44,820$ Task 3.1 – Permitting support with RWQCB 12 2 8 16 4 0 4 0 46 10,900$ 644$ -$ -$ -$ Task 3.2 – Air Permit and Construction Permits for IWTF 8 6 12 4 0 0 4 0 34 8,600$ 476$ -$ 22,000$ 2,200$ Task 4 - Grant documents, including CEQA documentation 6 0 6 12 0 0 2 2 28 6,300$ 392$ -$ -$ 392$ 6,692$ Task 4.0 - Revisions as needed to submitted grant documents 6 6 12 2 2 28 6,300$ 392$ -$ 3,000$ 300$ Task 5 - Technical Oversight, Coordination and Review 8 40 80 8 0 200 0 0 336 91,100$ 4,704$ -$ -$ -$ 4,704$ 95,804$ Task 5.1 – Review of Design and provide comments (assume 100 drawings) 8 40 80 8 0 200 0 0 336 91,100$ 4,704$ -$ -$ -$ -$ -$
Total Hours and Fee 88 66 164 122 64 200 22 24 750 185,200$ 10,500$ -$ 22,000$ 2,200$ 34,700$ 219,900$ City of Salinas
Support for Stormwater, Prop 1 project
Fee Estimate
Task Description
PIC/PM
Professional Engineer
Graphics
Word
Processing/Admin
Total Hours

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-065, Version: 1
NEARMAP Software License Purchase
Approve a Resolution authorizing the Interim City Manager to approve the purchase of NEARMAP software license and related products in an amount not to exceed $49,854.

City of Salinas Printed on 2/16/2024Page 1 of 1
powered by Legistar™

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: FEBRUARY 20, 2024
DEPARTMENT: ADMINISTRATION
FROM: DAVID JACOBS, PUBLIC WORKS DIRECTOR
BY: TELAT YALCIN, GIS MANAGER
TITLE: NEARMAP SOFTWARE LICENSE PURCHASE

RECOMMENDED MOTION:

A motion to approve a resolution delegating authority to the City Manager to approve the purchase of NEARMAP software license and related products in an amount not to exceed $49,854.

EXECUTIVE SUMMARY:

The City of Salinas plans to acquire new aerial imagery and maps services form NearMap which will provide frequently updated, high-resolution aerial imagery and location intelligence.

NearMap services such as aerial imagery and web-based layers are all compatible with the City’s existing GIS and CAD based services. The new aerial imagery will offer ready-to-use analysis for city departments and divisions for city-wide decision-making.

BACKGROUND:

The City of Salinas currently uses aerial imagery which was purchased in 2018. The aerial imagery is most used as a base layer to show the location of city assets and properties as well as other entities within the City boundary. Aerial ima gery is also used to run analysis for environmental concerns to drive conclusions by City departments such as Development, NPDES, GIS, and Maintenance. To make sound decisions, the aerial imagery should be high-resolution and current.

The city landscape dynamically, structurally, and environmentally changes over time. The constant changes require new aerial imagery to keep track of the latest trends and phenomena by the City Departments.

The NearMap license not only offers access to new aerial imagery, but also utilizes artificial intelligence, AI, technologies to scan through City’s vegetation cover, roof condition assessment, permeable and impermeable surface condition assessment, debris, and wreckage recognition to provide valuable information for city d epartments. The imagery also provides 2D and 3D views throughout the city which will greatly help the police and fire departments during emergencies.

Page | 2
CEQA CONSIDERATION:

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

STRATEGIC PLAN INITIATIVE:

This request supports City Council’s Strategic Goals and Strategies of Effective and Culturally Responsive Government.

DEPARTMENTAL COORDINATION:

The GIS Division will continue to work with all affected departments during software upgrades or patch releases.

FISCAL AND SUSTAINABILITY IMPACT:

Funding is available and appropriated in 1000.50.5128. Additional funding for future years will be included in the annual budget development process.

ATTACHMENTS:

1. Resolution

2. NearMap Quotes

Page | 1

RESOLUTION NO. (N.C.S.)

A RESOLUTION OF THE CITY COUNCIL OF SALINAS TO APPROVE THE

PURCHASE OF NEARMAP SOFTWARE LICENSE AND ITS SERVICES

WHEREAS, the City desires to purchase NearMap application licensing; and

WHEREAS, NearMap, will provide application software licensing for the City of Salinas; and
WHEREAS, NearMap include Aerial Imagery that can be used in the City’s GIS System

NOW, THEREFORE, BE IT RESOLVED that pursuant to Salinas Municipal Code section 12-27 the Salinas City Council hereby delegates authority to the City Manager to authorize the purchase of Nearmap software license and related products in an amount not to exceed $49,854.

PASSED AND APPROVED this 20th day of February 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

_______________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk
NEARMAP Level 4, Tower One, International Towers, 100 Barangaroo Avenue, Barangaroo NSW 2000 PO Box R1831, Royal Exchange, NSW 1225 T: +61 2 8076 0700 | F: +61 2 8076 0701 E: [email protected] | Twitter: @nearmap ABN 37 083 702 907

3D OFFLINE DELIVERY ORDER SUMMARY – SPECIFICATION NEARMAP LOCATION CONTENT FOR: City of Salinas, CA

ORDER SUMMARY
NEARMAP 1850 W Ashton Blvd, Level 5, Suite 500, Lehi, Utah 84043 T: +1-844-463-2762 E: [email protected] | Twitter: @nearmap File Number 5558775 DELIVERY SPECIFICATIONS PRODUCT SPECIFICATIONS Nearmap Reference: NMD-4594 Customer City of Salinas, CA Contact Name Randy Casey Contact Details [email protected] Description City of Salinas, CA - Summer 2023 Capture Date(s) Summer 2023 Total Area Requested(sq mi) 24 Partial Delivery Area(sq mi) 23 Delivery Mechanism Hard drive delivery via courier Tiling Format(s) Textured Mesh DSM TrueOrtho Point Could DTM SLPK GEOTIFF GEOTIFF Tiled LAS GEOTIFF

Ground Sampling Distance 15cm DSM; 30cm DTM; 5cm TrueOrtho; Bands 3(RGB) Horizontal Projection Default Vertical Projection EGM2008 geoid height (EPSG:3855) for US Horizontal Accuracy 28cm RMSEr Vertical Accuracy 40cm RMSEr Delivery Date Offline Delivery to be provided thirty (30) days from either (a) the date of signature of the relevant Quote or Agreement; or (b) the Published Date, whichever is the latest date

ORDER SUMMARY
NEARMAP 1850 W Ashton Blvd, Level 5, Suite 500, Lehi, Utah 84043 T: +1-844-463-2762 E: [email protected] | Twitter: @nearmap File Number 5558775

Proposed Delivery Area Customer Requested AOI Nearmap Coverage

Page 1 of 9 ends

Nearmap US, Inc.

NEW SUBSCRIPTION QUOTE
Nearmap US, Inc.
1850 W Ashton Blvd, Suite 500
Lehi, UT 84043, USA
Phone: +1 (801) 609 7250

PRODUCT ALLOWANCE COVERAGE SEATS
Offline Textured Mesh NA
Please refer to the
attached Survey
Specification for details
NA
Offline DSM NA
Please refer to the
attached Survey
Specification for details
NA
Offline Point Cloud NA
Please refer to the
attached Survey
Specification for details
NA
Offline TrueOrtho NA
Please refer to the
attached Survey
Specification for details
NA
Offline DEM NA
Please refer to the
attached Survey
Specification for details
NA
Subtotal $5,750.00
*Estimated Tax $0.00
Total USD $5,750.00
*The Total includes applicable sales tax for the state which the Licensee is located. If an exemption from sales tax is applicable to the Licensee, the Licensee shall provide to Nearmap, in accordance with state law, relevant tax-exemption documentation. It will be the responsibility of the Licensee to ensure proof of tax-exempt status remains current for subsequent renewals of the Agreement.

Customer Name City of Salinas, CA Quote Number Q097986
Contract Commencement Contract commences upon
signing of quote.

Quote Expiry 03/31/2024
Subscription Term 12 Month Account Rep Jake Tully
[email protected]
Subscription Start Date 02/05/2024 Payment Term Net 30
Payment Method Invoice
Bill To City of Salinas, CA
Telat Yalcin
200 Lincoln Ave,
Salinas, California, 93901
8317587379
[email protected]
Ship To City of Salinas, CA
Telat Yalcin
200 Lincoln Ave,
Salinas, California, 93901
8317587379
[email protected]

Page 2 of 9 ends

Nearmap US, Inc.

ACCEPTANCE OF Q097986 will constitute an Agreement with Nearmap By selecting “Yes” or signing below, you acknowledge that (a) you have read, understood and agree to the Products Agreement attached to this Quote,(b) the Product-Specific Terms which can be found at https://www.nearmap.com/us/en/legal/product-agreements, (c) you have the authority to agree to this New Subscription Quote and (d) you agree to pay the fees set forth herein. This New Subscription Quote constitutes a binding commitment for the Contract Term stated above. You acknowledge that the Coverage Area by Nearmap is outlined at https://www.nearmap.com/us/en/current-aerial-maps-coverage.

Signature / Digital Acceptance:
\_1_QuoteAccepted
Date:
\d1\
Full Name:
\tbx_1_Name\
Position:
\tbx_1_Position\
PO Number (if required):
\_1_PON
If printed, please sign, scan and email to: [email protected]

Page 3 of 9 ends

Nearmap US, Inc.

Schedule 1
Additional Terms and Conditions

Page 4 of 9 ends

Nearmap US, Inc.

PLEASE READ THIS PRODUCTS AGREEMENT CAREFULLY. BY ACCEPTING THIS AGREEMENT BY EXECUTING A QUOTE, YOU AGREE TO BE BOUND BY THIS PRODUCTS AGREEMENT, THE QUOTE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF

THESE TERMS, DO NOT ACCESS OR USE, YOU MUST NOT ACCEPT THIS PRODUCTS AGREEMENT AND NOT USE ANY NEARMAP PRODUCTS AND SERVICES.

Recitals

PRODUCTS AGREEMENT
A. Nearmap is a provider of aerial imagery and location data and associated products and services.

B. Nearmap agrees to supply the Licensee with the Products described in the Quote, subject to the terms of this agreement, the Additional Terms and Conditions, Product- Specific Terms, any Schedules and the Quote which together constitute the legal agreement between the Licensee and Nearmap (the “Agreement”).

Definitions of capitalized words are set out in section B.1717 of the Agreement.

1. GRANT OF LICENSE TO USE PRODUCTS

1.1 Grant Subject to the terms of this Agreement and payment by the Licensee of the Fees, Nearmap grants to the Licensee a limited, non-exclusive, non- transferrable license for the Term to use the Products only for the Permitted Purpose (the “License”).

1.2 Authorized Users The Products available under this License are only to be used by the total number of Authorized Users. The Licensee shall implement reasonable controls to ensure that it does not exceed the number of Authorized Users. If the number of users exceeds the total number of Authorized Users, the Licensee will be in breach of this Agreement.

1.3 Renewal Unless otherwise notified by the Licensee in writing at least thirty (30) days prior to the expiry of the Term of its intention not to renew this Agreement and subject to any amendments to this Agreement required by Nearmap, the Term will automatically be renewed for successive renewal terms of twelve (12) months each (each a “Renewal Term”).

1.4 Product Updates Nearmap may from time to time supply the Licensee with a Product of no lesser quality than the previously supplied Product at its absolute discretion. If requested by Nearmap, the Licensee must stop using any previously supplied Product and use the new Product from the date of delivery from Nearmap.

1.5 Acknowledge Nearmap source The Licensee must expressly acknowledge Nearmap, in a reasonably prominent manner (by displaying the Nearmap logo or other appropriate attribution), as the source of any Product or Derivative Works that the Licensee uses, copies, modifies, or distributes. Unless otherwise permitted in writing, the Licensee must not remove or cause to be removed any Nearmap logo, watermark, or other Nearmap attribution in any Product or Derivative Works.

1.6 Data Use for Government Products Nearmap measures data usage by the Licensee under this License for Government Products. When using Government Products, Nearmap’s Fair Use Policy regulates the Licensee's consumption of data during the Term (or Renewal Term). The following conditions also apply to the Licensee's use of Government Products:
(a) the amount of data used by the Licensee on the Government Products will be monitored and then calculated at the end of every Term or Renewal Term based on the total data of all users who access and use the Licensee's Nearmap account during that Period; and
(b) if the Licensee elects to download and/or export Government Products available to the Licensee on the Website, this will be applied to the calculation of the Licensee’s use of the Government Products.

1.7 Allowance for Non-Government Products Non-Government Products licensed to the Licensee may be subject to additional Allowance, Periodic Allowance, or Periodic Data Allowance terms that are published in the Product-Specific Terms, and if applicable, the Periodic Allowance Section.

1.8 Unavailability Subject to section 12, if a Product is not available for a period of three (3) consecutive days, the Term will be extended by the period of such unavailability.

2. RESTRICTIONS ON RIGHT TO USE PRODUCTS

2.1 No right to distribute, transfer, resell, assign or sublicense This License is granted only to the Licensee. The Licensee must not distribute, transfer, resell, assign, rent, lease, or sublicense any Product or any of the Licensee’s rights under this License without Nearmap’s prior written consent.

2.2 No third party access Unless otherwise provided in this Agreement, the Licensee must not make any Product available in any medium or manner to any third party (including but not limited to the Licensee’s subsidiaries, affiliates, any lower or higher tiered governments and any neighboring local government).

2.3 Employees Subject to sections 1.1 and 1.2, the Licensee may make Products available to any employee of the Licensee, subject to that person complying with the terms of the Agreement as if they were a party to it and the total number of Authorized Users has not been exceeded. These employees are deemed to be Authorized Users. The Licensee is responsible and liable for all Authorized Users who use the Licensee’s account access details or use Products made available to the Licensee in breach of this Agreement, including, without limitation, for any additional fees that become payable if the Licensee exceeds the number of Authorized Users.

2.4 No machine learning The Licensee must not conduct machine learning work in connection with this Agreement on any Products, which includes but is not limited to running any:
(a) machine learning models (including the model form and model parameters); (b) outputs of machine learning models;
(c) software that processes or transforms input data for training a machine learning model or getting a prediction from a machine learning model into a format suitable for training or making such prediction; or
(d) software used to train a machine learning model or compute outputs of a machine learning model for a given set of input data.

2.5 No caching and creation of database Except as expressly permitted under this Agreement, the Licensee is not permitted to:
(a) use its access to the Products under this Agreement for the purposes of creating a database of imageries for resale, distribution, sublicense, or other commercial purposes, or for mass downloads or bulk feeds of any imagery; and (b) pre-fetch, retrieve, cache, index, or store any Content or portion of the Products.

2.6 Restriction on integration methods The Licensee is only permitted to use API integration methods, or other integration methods, as authorized by Nearmap in writing, including but not limited to integration with the Licensee's or other third party platforms or software.

2.7 Limits on use of Website In the Licensee’s use of the Website, the Licensee must not (without the prior written consent of Nearmap):
(a) provide a link to another URL;
(b) upload content or other information to the Website (except as necessary to use the Products);
(c) do anything to damage, interfere or disrupt access to the Website or do anything which might impair its functionality;
(d) use the Website in any way to send any unsolicited email (commercial or otherwise) or any other material for marketing or publicity purposes; (e) publish, post, distribute, disseminate, or otherwise transmit, defamatory, offensive, infringing, obscene, indecent, or other unlawful or objectionable confidential material or information;
(f) make available, upload, or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms”, or any other harmful software;
(g) remove any content or information from the Website, other than that permitted under the terms of this License;
(h) falsify the true ownership of a Product or other material or information made available via the Website;
(i) obtain or attempt to obtain unauthorized access, through whatever means, to the Website;
(j) use the Website other than in accordance with this Agreement; (k) attempt any of the above acts or engage, encourage or permit another person to do any of the above acts; or
(l) provide or allow access to the Website which exceeds the total number of Authorized Users in connection with use of the Product.

2.8 Breach If the Licensee breaches any of sections 2.1 to 2.7 inclusive, Nearmap reserves its rights to terminate the Agreement in accordance with section 6.2, restrict the Licensee’s access to the Products, and take any other steps available to it at law.

3. THE LICENSEE’S ACCESS TO PRODUCTS AND SERVICES

3.1 Authorized Users Any password issued by Nearmap to an Authorized User is personal and confidential to that Authorized User. If Nearmap suspects that any password/ID is being used by an unauthorized person, by a different Authorized User who is not the person to whom it was issued, or the number of Authorized Users has been exceeded, Nearmap may:
(a) cancel that user’s access;
(b) immediately cease the Licensee’s access to the Product; (c) require the Licensee to pay for any additional fees due based on the standard Nearmap Fees for the applicable Product, in respect of any such unauthorized use; and/or
(d) exercise any other right available to Nearmap under the terms of this Agreement or at law.

Page 5 of 9 ends

Nearmap US, Inc.

3.2 Downtime Nearmap will use reasonable efforts to ensure that the Website and APIs remain available but cannot guarantee that this will be the case at all times. Nearmap agrees that, wherever possible, all planned maintenance will be done out of normal Operational Hours to ensure optimal uptime of the Website. The Licensee may elect to subscribe to the Nearmap status page at https://status.nearmap.com/ to receive notifications and updates relating to planned maintenance and uptime/downtime of the Website and APIs. When Nearmap becomes aware of any Fault, Nearmap will use reasonable efforts to:
(a) allocate such resources as may be necessary to remedy the Fault; and (b) otherwise take all reasonable steps to remedy the Fault so as to minimize any disruption to the Licensee’s use of the Products.

3.3 Expiry The Licensee’s License will expire at the end of the Term unless renewed in accordance with section 1.3 and may be suspended or terminated, in accordance with section 6.2, if the Licensee is in breach of this Agreement.

3.4 Unauthorized Use Licensee shall take reasonable steps to prevent unauthorized access to the Products, including without limitation, protecting its passwords and other log-in information. The Licensee shall notify Nearmap immediately of any known or suspected unauthorized use of the Products, or breach of its security, and shall use best efforts to stop said breach and minimize the adverse impact of said breach on Nearmap.

3.5 Audit During the Term of this Agreement, and for two (2) years after termination or expiry of this Agreement, the Licensee shall maintain records regarding its use of the Products according to its usual record keeping policies and procedures.

The Licensee shall permit Nearmap (or its auditors) access to the Licensee’s records pertaining to the Licensee’s use of the Products. Nearmap will give at least thirty (30) days prior written notice of an audit and will not conduct an audit more than once per calendar year unless non-compliance findings are noted, in which case the audit period may be extended.

3.6 Audit Findings If an audit results in findings of non-compliance, Nearmap may, at its discretion:
(a) invoice any additional license fees due based on the standard Nearmap Fees in place at the time of the original license grant;
(b) recover the reasonable cost of the audit if additional Fees exceed 5% of the Fees paid during the audit period; and
(c) terminate this Agreement in accordance with section 6.1. Licensee must pay all invoices issued under this section within thirty (30) days following the date of invoice or such other period agreed between the parties.

4. FEES

4.1 Fees The Fees payable by the Licensee are set out in the Quote.

4.2 Payment The Fees are payable by the Licensee to Nearmap in the manner and by the due date, as set out in the Quote, at the beginning of each Term unless otherwise agreed by Nearmap. Where the Fees are payable by credit card, the Licensee authorizes Nearmap to charge the Licensee’s credit card for all purchased Products listed in the Quote for the initial Term and any Renewal Term.

4.3 No cancellation Subject to section 4.4, all Fees are non-cancellable and non- refundable, except as expressly set out in this Agreement.

4.4 Refund of Fees If the Licensee is not in breach of this Agreement, and Nearmap elects to terminate this Agreement under section 6.3, Nearmap will refund the Licensee any pre-paid fees relating to the portion of Term remaining as at the date of termination.

4.5 Taxes Unless otherwise stated, Fees and Late Payment Fee do not include any direct or indirect local, state, provincial, federal, or foreign taxes, levies, duties, or similar governmental assessments of any nature, including value-added, excise, use or withholding taxes (collectively, "Taxes"). Licensee is responsible for paying all Taxes, except those assessable against Nearmap based on its income.

Nearmap will invoice Licensee for such Taxes if Nearmap believes it has a legal obligation to do so and Licensee agrees to pay such Taxes if so invoiced.

4.6 Late Payment If a scheduled Fee payment is still overdue after seven (7) days’ notice from Nearmap, to remedy the payment default, the Licensee agrees that Nearmap may immediately limit or terminate access to the Products provided under this License.

4.7 Amendments Subject to section 1.3, Nearmap may, at its absolute discretion, increase the price, for the Products at the end of the Term by an amount which reflects up to the current rate of Inflation plus 2.5%.

5. THE LICENSEE’S WARRANTIES

5.1 Warranty The Licensee warrants that:
(a) any information the Licensee supplies to Nearmap in respect of the Agreement is complete and correct. The Licensee must keep Nearmap informed of any change to the Licensee’s information provided to Nearmap, including any change to the Licensee’s contact details, or the details of a credit card used for payment; (b) the Licensee will immediately notify Nearmap of any usage of any Product outside the Permitted Purpose, and provide any other information reasonably requested by Nearmap;
(c) the Licensee has the power to enter into this Agreement and to perform the obligations under it; and
(d) the Licensee has and will comply with all relevant laws relating to the Licensee’s use of the:
(i) License;
(ii) Products; and
(iii) Website.

6. TERMINATION AND EXPIRY

6.1 Initial Term This Agreement commences on the Commencement Date and continues until expiry of the Term unless terminated earlier in accordance with the terms of this Agreement or renewed under section 1.3.

6.2 Termination by Either Party Either party may terminate this Agreement with immediate effect by giving notice to the other party if:
(a) the other party breaches any of its obligation under this Agreement capable of remedy and fails to remedy that breach within fourteen (14) days after receiving notice requiring it to do so;
(b) the other party breaches any of its obligations under this Agreement incapable of remedy and Content; or
(c) the other party files for protection under bankruptcy laws, makes an assignment for the benefit of creditors, appoints, or suffers appointment of a receiver or trustee over its property, files a petition under any bankruptcy or insolvency act, or has any such petition filed against it which is not discharged within sixty (60) days of the filing thereof, or admits in writing its inability to pay its debt generally as they become due.

6.3 Termination by Nearmap Notwithstanding anything else in this Agreement, but subject to section 4.4, Nearmap has the right, in its absolute discretion and upon giving the Licensee ten (10) Business Days’ notice, to terminate this Agreement.

6.4 Consequences If the Agreement is terminated under sections 6.2 or 6.3 or expires at the end of the Term:
(a) the License immediately terminates and the Products will no longer be available to the Licensee;
(b) the Licensee must immediately destroy, delete, or return to Nearmap all Products; and
(c) subject to section 7.3, the Licensee and the Authorized Users are not permitted to use any Products for any purpose.

6.5 Costs Nearmap reserves all rights following termination of this Agreement, including any rights available to Nearmap to collect any outstanding Fees which may be owed by the Licensee. The Licensee will be liable for any reasonable legal costs incurred by Nearmap in enforcing its rights following termination of this Agreement.

6.6 Continuing obligations After expiry or termination of this Agreement, sections

1.5, 2, 4, 6.5, 7, 8, 9, 10, 13, 14, 15, and 17 will still be binding on the Licensee in relation to Products licensed or obtained during the Term.

7. INTELLECTUAL PROPERTY

7.1 Ownership Unless otherwise indicated, the Website, the Products, the Content, and all associated Intellectual Property Rights, data, information, and software are owned by Nearmap and are protected by copyright, moral rights, trademark, and other laws relating to the protection of intellectual property. Nearmap reserves all of its Intellectual Property Rights. Except for the limited License granted to the Licensee in section 1.1, no ownership or Intellectual Property Rights in the Website, APIs, any Product, or Content will pass or be licensed to the Licensee.

7.2 Trademarks The Nearmap trademarks and all associated Intellectual Property Rights are owned by Nearmap. Nothing in this Agreement confers upon the Licensee any rights to use or modify any of Nearmap’s trademarks, except that Nearmap grants the Licensee a royalty free, limited, non-exclusive, non- transferrable, non-sublicensable license to reproduce and display Nearmap trademarks only to the extent necessary to comply with the Licensee’s obligations under this Agreement. Any such reproduction and display of those marks must comply with the policies and rules Nearmap makes available to the Licensee from time to time.

7.3 Derivative Works Subject to compliance with all other terms of this Agreement, the Licensee is granted a non-exclusive right to produce and use Derivative Works for the Permitted Purpose. Unless otherwise notified to the Licensee by Nearmap, the Licensee may continue using Derivative Works following termination or expiry of this Agreement. For the avoidance of doubt, Nearmap will continue to own all rights in and to any Products and Content embedded in a Derivative Work, but all other rights in and to the Derivative Work will belong to the Licensee.

8. THIRD PARTY PROVIDERS

8.1 The Licensee acknowledges and accepts that Nearmap engages with Third Party Providers in order to provide the Products under this Agreement. The provision of the Products is contingent upon adequate delivery of products and services by those Third Party Providers and are subject to those Third Party Provider terms and conditions (as updated from time to time). By entering into this Agreement, the Licensee agrees that where applicable they must comply with those terms and conditions which are applicable to the use of those Third Party Providers products, where incorporated into Nearmap’s Products. Nearmap have set out the type of Third Party product or services incorporated into Nearmap’s Products and the relevant Third Party Providers terms and conditions below for reference. (a) Google – https://maps.google.com/help/terms_maps.html in connection with the use of Google Street Maps;
(b) NASA/NCAS – https://www.nearmap.com/au/en/legal/copyright in connection with viewing satellite imagery on the Website; and
(c) Precisely – https://www.precisely.com/legal/licensing/software-and-data-end-user- license-agreement in connection with viewing property datasets on the Website and/or through an API.

9. WARRANTY AND LIABILITY

9.1 Warranty Nearmap agrees to use industry standard GPS to ensure captured imagery has accurate geographical positioning.

9.2 DISCLAIMER OF WARRANTIES OTHER THAN AS SET FORTH IN SECTION

9.1, THE WEBSITE AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW. NEARMAP AND ITS

CONTENT PROVIDERS, THIRD PARTY PROVIDERS, AGENTS,

MANDATARIES, AND AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL

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REPRESENTATIONS, WARRANTIES, CONDITIONS, AND GUARANTEES,

WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES,

CONDITIONS, OR GUARANTEES OF MERCHANTABILITY, TITLE, FITNESS

FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND COURSE OF DEALING OR PERFORMANCE.

9.3 NO REPRESENTATIONS WHILE NEARMAP USES REASONABLE EFFORTS

TO ENSURE THE ACCURACY, CORRECTNESS AND RELIABILITY OF THE

CONTENT, THE PRODUCTS, AND THE WEBSITE, NEARMAP AND ITS

THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, WARRANTIES,

CONDITIONS, OR GUARANTEES AS TO THE ACCURACY,

CORRECTNESS, OR RELIABILITY OF ANY PRODUCT OR CONTENT
CONTAINED ON THE WEBSITE AND/OR OBTAINED THROUGH AN API.

THE PRODUCTS, THE WEBSITE AND APIs MAY BE SUBJECT TO

ERRORS, OMISSIONS, INACCURACIES, AND DISTORTIONS, AND

NEARMAP WILL NOT BE RESPONSIBLE FOR, OR LIABLE FOR ANY

CLAIMS MADE BY OR ARISING OUT OF, ANY PERSON OR ENTITY
SEEKING TO RELY ON ANY OF THE PRODUCTS, THE WEBSITE OR APIS.

9.4 LIMIT OF LIABILITY NEARMAP’S LIABILITY FOR: (A) A BREACH OF A WARRANTY UNDER SECTION 9.1; OR (B) A BREACH OF A

REPRESENTATION, WARRANTY, CONDITION, OR GUARANTEE WHICH IS

IMPLIED OR IMPOSED IN RELATION TO THIS LICENSE UNDER

LEGISLATION AND CANNOT BE EXCLUDED, WILL BE LIMITED TO, AT NEARMAP’S OPTION, REPLACING OR REPAIRING THE PRODUCTS OR

SUPPLYING PRODUCTS EQUIVALENT TO THE RELEVANT PRODUCTS, OR PAYING THE COST OF REPLACING OR REPAIRING THEPRODUCTS.

9.5 NO LIABILITY FOR CLAIMS TO THE EXTENT PERMITTED BY LAW, IN NO

EVENT WILL NEARMAP, ITS CONTENT PROVIDERS, AGENTS,

MANDATARIES, OR AFFILIATES BE LIABLE FOR ANY CLAIMS OF ANY KIND

ARISING FROM OR CONNECTED WITH THE USE OF THE WEBSITE OR

APIS, THE CONTENT OR THE PRODUCTS, OR THE UNAVAILABILITY OF

THE SAME, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF

PROFITS, OR LOSS OF DATA, AND DIRECT, INDIRECT, INCIDENTAL,

PUNITIVE, AND CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT,

TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE),
EXTRACONTRACTUAL LIABILITY, OR OTHERWISE. THE LICENSEE IS

RESPONSIBLE FOR THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION REQUIRED DUE TO THE LICENSEE’S USE OF THIS
WEBSITE, THE CONTENT OR THE PRODUCTS. THIS EXCLUSION

APPLIES, WITHOUT LIMITATION, TO ANY CLAIMS CAUSED BY OR

RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION
OBTAINED FROM NEARMAP.

9.6 AGGREGATE LIMIT IN NO EVENT WILL THE AGGREGATE LIABILITY OF

NEARMAP, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING

NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED),

EXTRACONTRACTUAL LIABILITY, PRODUCT LIABILITY, STRICT LIABILITY

OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE

PRODUCTS, THE CONTENT, THE WEBSITE OR THE APIS, EXCEED ANY

COMPENSATION OR FEE THE LICENSEE HAS PAID, IF ANY, TO NEARMAP FOR ACCESS TO OR USE OF THE PRODUCTS OVER THE TWELVE (12)

MONTH PERIOD PRIOR TO THE ALLEGED DEFAULT, BREACH, OR EVENT GIVING RISE TO THE LIABILITY.

9.7 Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the Products and related services. Without limiting any of the above, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service provider except to the extent it was caused or contributed by the acts, defaults or omissions of Nearmap.

9.8 Indemnity To the extent permitted by law, the Licensee agrees to indemnify Nearmap and its directors, officers, employees, agents, mandataries, and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses, and costs (including reasonable attorney’s fees and costs) arising from or out of:
(a) the Licensee’s actual or alleged breach of any provisions of this Agreement; (b) the Licensee’s use of the Product for any purpose; and (c) the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Works.

9.9 Notice of claim Nearmap will provide the Licensee with notice of any claim or allegation, under section 9.8, and Nearmap has the right to participate in the defense of any such claim at its expense.

10. COPYRIGHT COMPLAINTS_________________________________________

10.1 If any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products, in accordance with this License, infringes their copyright (“Infringement Claim”), Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court- awarded damages for which the Licensee is liable.

10.2 The Licensee must:
(a) promptly notify Nearmap of any such Infringement Claim; (b) not make any admissions in relation to the Infringement Claim without Nearmap's prior written consent;
(c) permit Nearmap to conduct the defense of the Infringement Claim including all negotiations for settlement; and
(d) provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Infringement Claim.

10.3 Nearmap will have no liability for any Infringement Claim:
(a) that arises from any:
(i) use of the Product in violation of this Agreement;
(ii) modification of the Product by anyone other than Nearmap, or a party authorized by Nearmap, in writing to modify the portion of the Product applicable to the Infringement Claim; or
(iii) third-party products, services, hardware, software, or other materials, or a combination of these with the Products, which would not be infringing without this combination; or
(b) if the Licensee fails to comply with section 10.2.

10.4 To the maximum extent permitted by law, this section 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Infringement Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights.

11. PRIVACY POLICY

11.1 Nearmap will collect, use, and disclose any personal information supplied by the Licensee as set out in Nearmap’s Privacy Policy, as amended from time to time, and currently available at https://www.nearmap.com/us/en/legal/privacy-policy.

The Licensee hereby consents to those collections, uses, and disclosures.

11.2 To the maximum extent permitted by law, by entering into this Agreement, the Licensee expressly consents to receiving general emails relating to product updates, new products, or anything related to the usage of the product from Nearmap, but prior written consent is required to receive by email direct marketing communications from Nearmap.

11.3 By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products.

12. FORCE MAJEURE

12.1 Force Majeure Event If a party is unable to perform or is delayed in performing an obligation under this Agreement (except for any obligation to pay money, including Fees) because of an act of war, terrorism, hurricane, earthquake, other act of God or of nature, strike or other labor dispute, riot or other act of civil disorder, embargo, or other cause beyond the performing party’s reasonable control (“Force Majeure Event”):
(a) that obligation is suspended but only so far and for so long as that party is affected by the Force Majeure Event; and
(b) the affected party will not be responsible for any loss or expense suffered or incurred by the other party, as a result of, and to the extent that, the affected party is unable to perform, or is delayed in performing, its obligations under this Agreement because of the Force Majeure Event.

12.2 Notice of Force Majeure Event If a Force Majeure Event occurs, the party affected by the Force Majeure Event must:
(a) Promptly (when reasonably possible to do so) give the other party notice of the Force Majeure Event and an estimate of the non-performance and delay; (b) take all reasonable steps to overcome the effects of the Force Majeure Event; and (c) resume compliance as soon as practicable after the Force Majeure Event no longer affects it.

13. CONFIDENTIALITY

13.1 Subject to any other written agreements between the parties in connection with this Agreement, any information provided in writing or orally or data provided by either party under this Agreement (“Discloser”) to the other party (“Recipient”) and marked or identified as proprietary or Confidential Information shall not be disclosed for a period of three (3) years from termination or expiry of this Agreement, unless mutually agreed in writing by the parties. The parties will disclose Confidential Information only to their employees who have a need to know for the purposes of this Agreement and who are under a duty of confidentiality no less restrictive than the Licensee’s duty hereunder. The Recipient will protect Confidential Information from unauthorized use, access, or disclosure in the same manner as it would protect their own confidential or proprietary information of similar nature and with no less than reasonable care.

13.2 The confidentiality obligations do not apply to the Recipient if:
(a) the Discloser has first agreed in writing to the particular disclosure, use, or copying;
(b) the Confidential Information was generally known by or available to the public through no wrongful act of the Recipient or otherwise than as a consequence of a breach of this Agreement;
(c) the Confidential Information was received by the Recipient without breach of this Agreement from a third party without restriction as to the use and disclosure of the Confidential Information; or
(d) the disclosure of Confidential Information is legally compelled due to compliance with federal and state laws or an order by a court.

13.3 Immediately upon termination or expiry of this Agreement, the Recipient must (at its expense):
(a) cease all use of the materials and Confidential Information; (b) destroy or return (at the Discloser’s discretion) the Confidential Information to the Discloser together with all copies, reproductions and summaries of the same;
(c) destroy all of its notes, memoranda and records (in whatever form) containing,

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referring to or based on the Confidential Information;
(d) ensure that any person who receives the Confidential Information by the Recipient’s authority returns the Confidential Information to the Discloser in any form in which it is held or destroys it and gives evidence of its destruction to the Discloser; and
(e) provide to the Discloser a written certificate confirming compliance with the requirements under this section.

14. NOTICES

14.1 All notices and consents will be in writing and will be considered delivered and effective upon receipt (or when delivery is refused) when:
(a) personally delivered;
(b) sent by registered or certified mail (postage prepaid, return receipt requested); (c) sent by nationally recognized private courier (with signature required and all fees prepaid); or
(d) sent by email with confirmation of transmission.

14.2 Notices must be sent to the Licensee at the address set forth in the Quote (or if none is specified, the address to which Nearmap sends invoices) and for Nearmap to 10897 South River Front Parkway, Suite 150, South Jordan, UT 84095, USA, or at another address as a party may designate in writing.

15. TECHNOLOGY EXPORT
The Licensee shall not: (a) permit any third party to access or use the Product in violation of any U.S. or Canadian law or regulation; or (b) export any software provided by Nearmap, or otherwise remove it from the United States or Canada, except in compliance with all applicable U.S. and Canadian laws and regulations.

Without limiting the generality of the foregoing, the Licensee shall not permit any third party to access or use the Product in, or export such software to, a country subject to a United States embargo (as of the Effective Date, Cuba, Iran, North Korea, Sudan, and Syria) or a Canadian embargo.

16. MISCELLANEOUS TERMS

16.1 Nearmap customer Licensee grants Nearmap the right to use Licensee’s name and logo to identify as a Nearmap customer for marketing or promotional purposes in public or private communications with Nearmap’s existing or potential customers, subject to Licensee’s standard trademark usage guidelines as provided to Nearmap from time to time.

16.2 Additional Terms and Conditions The Additional Terms and Conditions form part of, and should be read in conjunction with, this Agreement.

16.3 Precedence of Documents This Agreement is comprised of:
(a) the Additional Terms and Conditions under Schedule 1; (b) the Quote and attached Schedules;
(c) any Product-Specific Terms; and
(d) this products agreement.

If there is any ambiguity or inconsistency between the documents comprising the Agreement, the document appearing higher in the list will have precedence.

If the Licensee purchases the Products through a reseller, the terms and conditions under this Agreement will apply. This Agreement between Nearmap and the Licensee supersedes all terms and conditions attached to the Licensee’s and/or reseller’s purchase order.

16.4 Independent Contractors The parties are independent contractors and will so represent themselves in all regards. Neither party is the agent of the other, and neither may make commitments on the other’s behalf. The parties agree that neither party’s employee or contractor is an employee of the other party.

16.5 Construction The parties agree that the terms of this Agreement result from negotiations between them. This Agreement will not be construed in favor of or against either party by reason for authorship.

16.6 Waiver Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.

16.7 Severability If one or more of the terms of this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining terms will not be affected.

16.8 Amendments Other than as expressly specified in this Agreement, this Agreement may only be varied with the written consent of Nearmap and the Licensee.

16.9 Assignment This Agreement shall not be assigned by either party without the prior written consent of the other party which shall not be unreasonably withheld; provided, however, that Nearmap may, upon written notice to the Licensee, assign all of its rights under this Agreement to (i) a parent, subsidiary or Affiliate of Nearmap, (ii) a purchaser of all or substantially all assets related to this Agreement, or (iii) a third party participating in a merger, acquisition, sale of assets or other corporate reorganization in which Nearmap is participating. Any attempt to assign this Agreement in violation of this provision shall be void and of no effect. This Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

16.10 Entire Agreement This Agreement:
(a) comprises the entire agreement and understanding between the parties on everything connected with the subject matter of this Agreement; and (b) supersedes any prior agreement or understanding on anything connected with that subject matter.

16.11 Counterparts This Agreement may consist of a number of counterparts and, if so, the counterparts taken together constitute one and the same instrument.

This Agreement is not binding on any party unless one or more counterparts have been duly executed by, or on behalf of, Nearmap and the Licensee.

16.12 Language The parties have expressly agreed that this Agreement, and all ancillary agreements, documents, or notices relating to the Agreement, be drafted solely in the English language. Les parties aux présentes ont expressément convenu que cet accord et toute autre convention, document ou avis y afférent soient rédigés en anglais seulement.

16.13 Governing Law This Agreement will be governed by and construed in accordance with the laws of the State where the Licensee conducts business (without giving effect to the conflicts of laws provisions thereof).

17. DEFINITIONS
In this Agreement:

Additional Terms and Conditions means the additional terms and conditions (if any) set out in the Quote.

Affiliate means, with respect to Nearmap, any entity that controls or is controlled by Nearmap, or is under common control with Nearmap. For purposes of this definition, an entity shall be deemed to control another entity if it owns or controls, directly or indirectly, at least 50% of the voting equity of another entity (or other comparable interest for an entity other than a corporation).

Allowance means any usage allowance the Licensee is permitted to use and/or drawn down against for any Licensed Non-Government Products as specified the Quote.

API means application programming interface.

Authorized User means the number of persons specified in the “Seats” section of the Quote, who have been granted access to the Product by the Licensee pursuant to the term and conditions of this Agreement, and who either has been assigned a unique Nearmap user login credential or whom the Licensee has assigned a user login credential that enables access to the Product through the Website or API.

Business Days means any day other than a Saturday, a Sunday or a recognized public holiday in the State of Utah, USA.

Claim means any claim, cost (including legal costs on a solicitor and client basis), damages, debt, expense, tax, liability, loss, obligation, allegation, suit, action, demand, cause of action, proceeding, or judgment of any kind, however calculated or caused, and whether direct or indirect, consequential, incidental or economic.

Commencement Date means (a) for New Subscription Quotes, the date as specified in the “Contract Commencement” section or the “Subscription Start Date” section of the Quote, whichever is later, or (b) for Renewal Quotes or Amendment Quotes, the date as specified in the “Subscription Start Date” section of the Quote.

Commercial Purpose means to distribute, transfer, sell, sublicense, or pass possession of any Products (in whole or in part) for the purpose of direct commercial benefit or gain by the Licensee.

Confidential Information means the terms of this Agreement, the pricing, and any other information relating to the business, finances, strategy, methods, processes, products, metadata, services or other affairs of a party or its representatives or related bodies corporate which is disclosed to, learnt by or accessed by the Licensee in connection with the Agreement, whether before or after the Licensee entered into the Agreement, whether orally, electronically, in writing or otherwise.

Content means any content made available by or on behalf of Nearmap to the Licensee in connection with the License, whether or not through the Website or an API.

Coverage Area means the area specified in the “Coverage” section of the Quote for which Nearmap has available Products, which may cover part or all of that area and which may cover part (but not all) of the area covered by the Survey.

Derivative Work means any new work created by or for the Licensee that incorporates, embeds, or includes all or part of a Nearmap Product or Content.

Discloser has the meaning given in section 13.1.

Fair Use Policy means the policy as attached to the Quote.

Fault means any fault, failure, error, or defect which prevents the Licensee from accessing the Products, other than where access is prevented due to a planned outage, because of an unforeseeable event beyond Nearmap’s reasonable control or any conduct or activity undertaken by the Licensee, the Licensee’s employees, agents, or mandataries.

Fees means the fees specified in the Quote, payable by the Licensee for the License, or as otherwise agreed in writing between Nearmap and the Licensee.

Force Majeure Event has the meaning given in section 12.1.

Government Products means any Products specified in the Quote that are described as “Nearmap Vertical for Government” and “Nearmap Oblique for Government” and includes any other Products offered by Nearmap for government customers only where use of its License is connected to the Fair Use policy.

Infringement Claim has the same meaning given in section 10.1.

Intellectual Property Rights includes all industrial and intellectual property rights throughout the world, including copyright, moral rights, trademarks, patents, rights to protect confidential information, and any other similar rights.

License means the license granted in section 1.1.

Licensee means the person or entity specified in the “Customer Name” section of the Quote.

Nearmap means Nearmap US, Inc.

Non-Government Products means all Products specified in the Quote that do not fall under the definition of Government Products.

Operational Hours means 9am to 5pm MT.

Periodic Allowance or Periodic Data Allowance means the data allowance specified in the “Allowance” section of the Quote unless otherwise agreed in writing between Nearmap and the Licensee.

Periodic Allowance Section means section 1.6 (or its equivalent) in the most current version of the products agreement currently located at here.

Permitted Purpose means the use of Products by the Licensee for internal purposes in the Licensee’s ordinary business, and at all times excludes any:
(a) Commercial Purpose;
(b) Unlawful Purpose;

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(c) Integration, or attempt to integrate, the Products in an internal system of the Licensee or of a third party; and
(d) Redistribution or copying of files, images, or photographs, or making such files, images, or photographs available in any medium or manner that is contained in the Products to any third party (except as expressly permitted under this Agreement).

Products means any Nearmap products specified in the Quote (and further described on the Website) and, if applicable, the Survey. For the avoidance of doubt, Products include Content.

Product-Specific Terms means additional terms and conditions that apply to certain Products, currently located here.

Quote the document produced after the Licensee places an initial order for the Product(s), requests any changes to its License, or renews its License, which may be titled "New Subscription Quote", “Renewal Quote” or “Amendment Quote”.

Recipient has the meaning given in section 13.1.

Renewal Term has the meaning given in section 1.3.

Schedule means a schedule to this Agreement, where such schedule has been incorporated by reference to form part of this Agreement.

Subscription Period means the period stated in the “Subscription Period” column of the Quote.

Subscription Start Date means the date specified in the “Subscription Start Date” section of the Quote.

Term means the term specified in the “Subscription Term” section of the Quote, commencing on the Commencement Date. Where a Subscription Period is stated on the Quote, “Term” means the Subscription Period.

Third Party Providers means third party providers of products and services to Nearmap.

Unlawful Purpose means any unlawful purpose, including but not limited to stalking, harassing or intimidating any person or engaging in misleading or deceptive conduct.

URL means a Uniform Resource Locator.

Website means all pages and sub-sites available within the nearmap.com domain.

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FAIR USE POLICY
General

1. It is important to Nearmap that all customers are able to access the Products and Services. Accordingly, we have devised a Fair Use Policy that applies to the data usage of the Products and Services.

2. In this Fair Use Policy:
a. Excessive Use has the meaning given to that term in section 7 of this Fair Use Policy; b. Fair Use Policy means this policy;
c. Nearmap, we, us or our means Nearmap US, Inc.;
d. Products has the meaning given to that term in Your Nearmap Agreement; e. Services has the meaning given to that term in Your Nearmap Agreement; f. You or Your means any customer of Nearmap;
g. Your Nearmap Agreement means the agreement pursuant to which Nearmap provides You with various products and services; and h. Unreasonable Use has the meaning given to that term in section 5 of this Fair Use Policy.

3. We reserve the right to vary the terms of this Fair Use Policy from time to time.

4. This Fair Use Policy is in addition to Your Nearmap Agreement and in the event of any inconsistency between the terms of this Fair Use Policy and the terms and conditions of Your Nearmap Agreement, Your Nearmap Agreement prevails.

Unreasonable Use

5. We consider Your use of the Products and Services unreasonable where You use it in a manner which is reasonably considered by Nearmap to be fraudulent use, to be contrary to Your Nearmap Agreement or to adversely affect other Nearmap customers’ use of or access to the Products and Services.

6. Among other things, “fraudulent use” includes resupply of the Products and Services without Nearmap’s consent so that someone else may access or use the Products and Services or take advantage of the Products and Services.

Excessive Use

7. Excessive Use is a continuing and unreasonably disproportionate use of the Products and Services when compared to other average individual named users.

Nearmap’s Rights

8. Where Your use of the Products and Services constitutes Unreasonable Use and/or Excessive Use, Nearmap may contact You to discuss changing Your usage pattern so that it conforms with this Fair Use Policy, or to upgrade to a more suitable Product or Service (if applicable).

9. If, after Nearmap has contacted You, Your Unreasonable Use and/or Excessive Use continues, Nearmap may, without further notice to You:
a. restrict Your access to low resolution imagery for the remainder of the month; and/or b. restrict Your access to low resolution imagery for the remainder of the month until Your data allowance is reset at the beginning of the next month (if applicable); and/or
c. restrict Your access for the remainder of the month; and/or d. restrict Your access to Nearmap until Your data allowance is reset at the beginning of the next month (if applicable); and/or e. immediately cease Your access to Nearmap; and/or
f. exercise any other right available to Nearmap under the terms of Your Nearmap Agreement.

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NEW SUBSCRIPTION QUOTE
Nearmap US, Inc.
1850 W Ashton Blvd, Suite 500
Lehi, UT 84043, USA
Phone: +1 (801) 609 7250

PRODUCT ALLOWANCE COVERAGE SEATS
Nearmap Vertical Offline Copy - Subscription NA Nationwide NA GeoData Link for Government NA Nationwide NA
Public Display License for Government NA Nationwide NA
3D Viewer NA Nationwide NA
Delegated Authentication NA Nationwide NA
Nearmap Oblique for ArcGIS NA Nationwide NA
ArcGIS Integration NA NA NA
AI Pack: Debris NA Nationwide NA
AI Pack: Vegetation NA Nationwide NA
AI Pack: Surface Permeability NA Nationwide NA
AI Pack: Building Footprints NA Nationwide NA
AI Pack: Roof Characteristics NA Nationwide NA
AI Pack: Roof Condition NA Nationwide NA
AI Pack: Poles NA Nationwide NA
Nearmap AI 1 Parcels / Year Nationwide NA
Customer Name City of Salinas, CA Quote Number Q097978
Contract Commencement Contract commences upon
signing of quote.

Quote Expiry 03/31/2024
Subscription Term 12 Month Account Rep Jake Tully
[email protected]
Subscription Start Date 02/05/2024 Payment Term Net 30
Public Facing URL https://www.cityofsalinas.org/Your
-Government/Maps-and-GIS
Payment Method Invoice
Bill To City of Salinas, CA
Telat Yalcin
200 Lincoln Ave,
Salinas, California, 93901
8317587379
[email protected]
Ship To City of Salinas, CA
Telat Yalcin
200 Lincoln Ave,
Salinas, California, 93901
8317587379
[email protected]

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AI Pack: Trampolines NA Nationwide NA
AI Pack: Construction Sites NA Nationwide NA
AI Pack: Swimming Pool NA Nationwide NA
AI Pack: Solar Panels NA Nationwide NA
AI Pack: Building Characteristics NA Nationwide NA
AI Pack: Surfaces NA Nationwide NA
AI Offline Vector 29846 Credits/Year Nationwide NA
Nearmap Oblique for Government NA Nationwide Unlimited
Subtotal $44,104.00
*Estimated Tax $0.00
Total USD $44,104.00
*The Total includes applicable sales tax for the state which the Licensee is located. If an exemption from sales tax is applicable to the Licensee, the Licensee shall provide to Nearmap, in accordance with state law, relevant tax-exemption documentation. It will be the responsibility of the Licensee to ensure proof of tax-exempt status remains current for subsequent renewals of the Agreement.

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Nearmap US, Inc.

ACCEPTANCE OF Q097978 will constitute an Agreement with Nearmap By selecting “Yes” or signing below, you acknowledge that (a) you have read, understood and agree to the Products Agreement attached to this Quote,(b) the Product-Specific Terms which can be found at https://www.nearmap.com/us/en/legal/product-agreements, (c) you have the authority to agree to this New Subscription Quote and (d) you agree to pay the fees set forth herein. This New Subscription Quote constitutes a binding commitment for the Contract Term stated above. You acknowledge that the Coverage Area by Nearmap is outlined at https://www.nearmap.com/us/en/current-aerial-maps-coverage.

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Nearmap US, Inc.

Schedule 1
Additional Terms and Conditions

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Nearmap US, Inc.

THESE TERMS, DO NOT ACCESS OR USE, YOU MUST NOT ACCEPT THIS PRODUCTS AGREEMENT AND NOT USE ANY NEARMAP PRODUCTS AND SERVICES.

Recitals

PRODUCTS AGREEMENT
A. Nearmap is a provider of aerial imagery and location data and associated products and services.

Definitions of capitalized words are set out in section B.1717 of the Agreement.

1. GRANT OF LICENSE TO USE PRODUCTS

1.8 Unavailability Subject to section 12, if a Product is not available for a period of three (3) consecutive days, the Term will be extended by the period of such unavailability.

2. RESTRICTIONS ON RIGHT TO USE PRODUCTS

3. THE LICENSEE’S ACCESS TO PRODUCTS AND SERVICES

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Nearmap US, Inc.

4. FEES

4.1 Fees The Fees payable by the Licensee are set out in the Quote.

4.3 No cancellation Subject to section 4.4, all Fees are non-cancellable and non- refundable, except as expressly set out in this Agreement.

Nearmap will invoice Licensee for such Taxes if Nearmap believes it has a legal obligation to do so and Licensee agrees to pay such Taxes if so invoiced.

5. THE LICENSEE’S WARRANTIES

6. TERMINATION AND EXPIRY

6.6 Continuing obligations After expiry or termination of this Agreement, sections

1.5, 2, 4, 6.5, 7, 8, 9, 10, 13, 14, 15, and 17 will still be binding on the Licensee in relation to Products licensed or obtained during the Term.

7. INTELLECTUAL PROPERTY

8. THIRD PARTY PROVIDERS

9. WARRANTY AND LIABILITY

9.1 Warranty Nearmap agrees to use industry standard GPS to ensure captured imagery has accurate geographical positioning.

9.2 DISCLAIMER OF WARRANTIES OTHER THAN AS SET FORTH IN SECTION

9.1, THE WEBSITE AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW. NEARMAP AND ITS

CONTENT PROVIDERS, THIRD PARTY PROVIDERS, AGENTS,

MANDATARIES, AND AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL

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Nearmap US, Inc.

REPRESENTATIONS, WARRANTIES, CONDITIONS, AND GUARANTEES,

WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES,

CONDITIONS, OR GUARANTEES OF MERCHANTABILITY, TITLE, FITNESS

FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND COURSE OF DEALING OR PERFORMANCE.

9.3 NO REPRESENTATIONS WHILE NEARMAP USES REASONABLE EFFORTS

TO ENSURE THE ACCURACY, CORRECTNESS AND RELIABILITY OF THE

CONTENT, THE PRODUCTS, AND THE WEBSITE, NEARMAP AND ITS

THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, WARRANTIES,

CONDITIONS, OR GUARANTEES AS TO THE ACCURACY,

CORRECTNESS, OR RELIABILITY OF ANY PRODUCT OR CONTENT
CONTAINED ON THE WEBSITE AND/OR OBTAINED THROUGH AN API.

THE PRODUCTS, THE WEBSITE AND APIs MAY BE SUBJECT TO

ERRORS, OMISSIONS, INACCURACIES, AND DISTORTIONS, AND

NEARMAP WILL NOT BE RESPONSIBLE FOR, OR LIABLE FOR ANY

CLAIMS MADE BY OR ARISING OUT OF, ANY PERSON OR ENTITY
SEEKING TO RELY ON ANY OF THE PRODUCTS, THE WEBSITE OR APIS.

9.4 LIMIT OF LIABILITY NEARMAP’S LIABILITY FOR: (A) A BREACH OF A WARRANTY UNDER SECTION 9.1; OR (B) A BREACH OF A

REPRESENTATION, WARRANTY, CONDITION, OR GUARANTEE WHICH IS

IMPLIED OR IMPOSED IN RELATION TO THIS LICENSE UNDER

LEGISLATION AND CANNOT BE EXCLUDED, WILL BE LIMITED TO, AT NEARMAP’S OPTION, REPLACING OR REPAIRING THE PRODUCTS OR

SUPPLYING PRODUCTS EQUIVALENT TO THE RELEVANT PRODUCTS, OR PAYING THE COST OF REPLACING OR REPAIRING THEPRODUCTS.

9.5 NO LIABILITY FOR CLAIMS TO THE EXTENT PERMITTED BY LAW, IN NO

EVENT WILL NEARMAP, ITS CONTENT PROVIDERS, AGENTS,

MANDATARIES, OR AFFILIATES BE LIABLE FOR ANY CLAIMS OF ANY KIND

ARISING FROM OR CONNECTED WITH THE USE OF THE WEBSITE OR

APIS, THE CONTENT OR THE PRODUCTS, OR THE UNAVAILABILITY OF

THE SAME, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF

PROFITS, OR LOSS OF DATA, AND DIRECT, INDIRECT, INCIDENTAL,

PUNITIVE, AND CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT,

TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE),
EXTRACONTRACTUAL LIABILITY, OR OTHERWISE. THE LICENSEE IS

RESPONSIBLE FOR THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION REQUIRED DUE TO THE LICENSEE’S USE OF THIS
WEBSITE, THE CONTENT OR THE PRODUCTS. THIS EXCLUSION

APPLIES, WITHOUT LIMITATION, TO ANY CLAIMS CAUSED BY OR

RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION
OBTAINED FROM NEARMAP.

9.6 AGGREGATE LIMIT IN NO EVENT WILL THE AGGREGATE LIABILITY OF

NEARMAP, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING

NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED),

EXTRACONTRACTUAL LIABILITY, PRODUCT LIABILITY, STRICT LIABILITY

OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE

PRODUCTS, THE CONTENT, THE WEBSITE OR THE APIS, EXCEED ANY

COMPENSATION OR FEE THE LICENSEE HAS PAID, IF ANY, TO NEARMAP FOR ACCESS TO OR USE OF THE PRODUCTS OVER THE TWELVE (12)

MONTH PERIOD PRIOR TO THE ALLEGED DEFAULT, BREACH, OR EVENT GIVING RISE TO THE LIABILITY.

10. COPYRIGHT COMPLAINTS_________________________________________

11. PRIVACY POLICY

The Licensee hereby consents to those collections, uses, and disclosures.

12. FORCE MAJEURE

13. CONFIDENTIALITY

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14. NOTICES

16. MISCELLANEOUS TERMS

16.2 Additional Terms and Conditions The Additional Terms and Conditions form part of, and should be read in conjunction with, this Agreement.

If there is any ambiguity or inconsistency between the documents comprising the Agreement, the document appearing higher in the list will have precedence.

16.8 Amendments Other than as expressly specified in this Agreement, this Agreement may only be varied with the written consent of Nearmap and the Licensee.

16.11 Counterparts This Agreement may consist of a number of counterparts and, if so, the counterparts taken together constitute one and the same instrument.

This Agreement is not binding on any party unless one or more counterparts have been duly executed by, or on behalf of, Nearmap and the Licensee.

17. DEFINITIONS
In this Agreement:

Additional Terms and Conditions means the additional terms and conditions (if any) set out in the Quote.

Allowance means any usage allowance the Licensee is permitted to use and/or drawn down against for any Licensed Non-Government Products as specified the Quote.

API means application programming interface.

Business Days means any day other than a Saturday, a Sunday or a recognized public holiday in the State of Utah, USA.

Commercial Purpose means to distribute, transfer, sell, sublicense, or pass possession of any Products (in whole or in part) for the purpose of direct commercial benefit or gain by the Licensee.

Content means any content made available by or on behalf of Nearmap to the Licensee in connection with the License, whether or not through the Website or an API.

Derivative Work means any new work created by or for the Licensee that incorporates, embeds, or includes all or part of a Nearmap Product or Content.

Discloser has the meaning given in section 13.1.

Fair Use Policy means the policy as attached to the Quote.

Fees means the fees specified in the Quote, payable by the Licensee for the License, or as otherwise agreed in writing between Nearmap and the Licensee.

Force Majeure Event has the meaning given in section 12.1.

Infringement Claim has the same meaning given in section 10.1.

License means the license granted in section 1.1.

Licensee means the person or entity specified in the “Customer Name” section of the Quote.

Nearmap means Nearmap US, Inc.

Non-Government Products means all Products specified in the Quote that do not fall under the definition of Government Products.

Operational Hours means 9am to 5pm MT.

Periodic Allowance or Periodic Data Allowance means the data allowance specified in the “Allowance” section of the Quote unless otherwise agreed in writing between Nearmap and the Licensee.

Periodic Allowance Section means section 1.6 (or its equivalent) in the most current version of the products agreement currently located at here.

Permitted Purpose means the use of Products by the Licensee for internal purposes in the Licensee’s ordinary business, and at all times excludes any:
(a) Commercial Purpose;
(b) Unlawful Purpose;

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Products means any Nearmap products specified in the Quote (and further described on the Website) and, if applicable, the Survey. For the avoidance of doubt, Products include Content.

Product-Specific Terms means additional terms and conditions that apply to certain Products, currently located here.

Recipient has the meaning given in section 13.1.

Renewal Term has the meaning given in section 1.3.

Schedule means a schedule to this Agreement, where such schedule has been incorporated by reference to form part of this Agreement.

Subscription Period means the period stated in the “Subscription Period” column of the Quote.

Subscription Start Date means the date specified in the “Subscription Start Date” section of the Quote.

Third Party Providers means third party providers of products and services to Nearmap.

Unlawful Purpose means any unlawful purpose, including but not limited to stalking, harassing or intimidating any person or engaging in misleading or deceptive conduct.

URL means a Uniform Resource Locator.

Website means all pages and sub-sites available within the nearmap.com domain.

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Nearmap US, Inc.

FAIR USE POLICY
General

3. We reserve the right to vary the terms of this Fair Use Policy from time to time.

Unreasonable Use

Excessive Use

7. Excessive Use is a continuing and unreasonably disproportionate use of the Products and Services when compared to other average individual named users.

Nearmap’s Rights

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-066, Version: 1
Professional Service Agreement for Completion of the “Green City” Master Plan Approve a Resolution approving a Professional Services Agreement in the amount of $487,359.20 between the City of Salinas and Craftwater Engineering, Inc for the completion of the “Green City” Master Plan.

City of Salinas Printed on 2/16/2024Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: FEBRUARY 20, 2024
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, DIRECTOR
BY: HEIDI NIGGEMEYER, NPDES PROGRAM MANAGER
TITLE: PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY

OF SALINAS AND CRAFTWATER ENGINEERING INC FOR
COMPLETION OF THE “GREEN CITY” MASTER PLAN

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the Interim City Manager to execute a Professional Services Agreement with Craftwater Engineering, Inc. for the completion of the “Green City” Master Plan in an amount not to exceed $487,359.20 .

EXECUTIVE SUMMARY:

Per the City’s NPDES Permit, we are required to reduce pollutant loading a nd stormwater runoff volumes to our local waterways. This can be accomplished through the installation of Green Stormwater Infrastructure (GSI). On May 6, 2022, an RFP was released to support the development of a “Green City” Master Plan for Salinas. Af ter a review of submittals received, Craftwater Engineering, Inc . was selected to complete this plan. A Professional Services Agreement (PSA) for $600,000 was successfully negotiated and work began on this plan.

However, the PSA expired in August 2023 ; a new PSA for the work remaining needs to be instituted. Therefore, it is recommended that the City Council approve a resolution approving a Professional Services Agreement in an amount not to exceed $ 487,359.20 between the City of Salinas and Craftwater Engineering, Inc. for completion of the “Green City” Master Plan.

BACKGROUND:

Urban stormwater runoff is a significant and growing problem that impacts numerous communities through the U.S., including the City of Salinas and other California Central Coast cities. Urban pollutant runoff has been identified as the fastest growing sou rce of degradation to urban water resources due to continued urban development with limited incorporation of effective low impact development features. As a result, the EPA has imposed regulatory mandates across the country requiring cities including Salin as to reduce pollutants entering into waterways by implementing practices to mitigate stormwater runoff. The impact of the urban landscape on local waterways can be greatly reduced through more resilient urban lands management practices. Effective programs that reduce urban stormwater volumes and improve the quality of this runoff integrate Page | 2
source control, ground control, and stormwater treatment practices; collectively referred to as green stormwater infrastructure (GSI).

Small amounts of rain throughou t a watershed incrementally add up to large volumes of runoff downstream. Similarly, small changes to stormwater runoff treatment in a watershed can cumulatively result in significant improvements to overall watershed health. The lack of proper stormwater runoff management and treatment negatively affects public health/safety, economic stability/vitality, and the quality of life for urban dwellers, not to mention the environmental quality of local waterways. Effective and intensive GSI implementation not only helps to address the impacts associated with excessive stormwater runoff, but also provides a strong overall investment value through the generation of significant social and economic benefits for the community.

GSI “greens and cleans” the urban land scape, providing many social improvements (e.g. neighborhood shading, enhanced community well -being, reduction in crime), public health benefits, reduces energy demand and other benefits that can revitalize communities, reducing blight and increasing neighborhood stewardship. While GSI practices are effective at addressing issues related to stormwater runoff, the scale of implementation for GSI targeting existing impervious areas for retrofit (rather than incorporation into new development) has been extremely limited and the pace of implementation has been relatively slow.

To identify GSI retrofit opportunities throughout the City , the City is retaining an engineering services firm to support compliance with the pollutant load and runoff volume reduction requirements in our Phase 1 NPDES permit through the development of a “Green City” Master Plan. To accelerate progress toward permit compliance and articul ate the linkage between the City’s financial investment with its stormwater program and the multitude of community benefits, the City took a strategic step to develop a green street conceptual design for the area around Closter Park to serve as the showcas e first implementation of a “green street” in Salinas. The example attached to this report is just a concept design and is still being vetted throughout the Community at public events. This concept design was used to apply for a Proposition 68 Urban Greening grant.

While this concept will provide a tangibles example of a multi -faceted environmental and community return from green stormwater infrastructure (GSI) projects, the potential Citywide opportunities and benefits can only be demonstrated through a thoughtful, systematic master plan that emphasizes “complete streets and communities” elements for stormwater management, active transportation, pedestrian safety, and climate resiliency. To maximize Citywide benefits and influence, the plan will integrate across City-owned propert ies and rights -of-way by defining multi-benefit alternative stormwater com pliance pathways that can be co -leveraged by the City, property owners, and developers. The project is federally funded by the American Rescue Plan Act (ARPA).

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The “Green City” Master Plan includes the following tasks:

 Expanding the GSI planning and prioritization process Citywide to build a comprehensive library of multi -benefit stormwater capture projects and green complete street opportunities, including implementation timelines
 Creating conceptual designs of top tier projects to ensure implementat ion readiness and better position for funding and partnerships
 Developing an offsite alternative compliance program (i.e. stormwater credit program) to further accelerate surface water quality improvement and GSI implementation by leveraging partnerships with local developers and property owners  Building a programmatic framework for the “Green City” master plan implementation in consideration of other departments’ capital improvement projects, with emphasis on developing complete streets, and
 Developing and updating our stormwater standard plans for stormwater capture projects for rapid implementation and consistency in maintenance.

The outcome of this plan will provide a clear framework and all necessary tools for the City to stand up , implement, administe r, and track the “Green City” master plan results. The concept designs produced can be utilized to obtain grant funding for GSI within the City. Results will further advance ongoing City efforts to improve water quality, address climate resiliency, and better the lives and health of the Salinas community.

A request for proposals (RFP) for interested engineering consulting firms was advertised on May 6th, 2022, on “PlanetBids” website and in the “Salinas Californian” for the preparation of a “Green City” Master Plan as described above . Submittals were received from two firms. The firms submitting qualification/proposal statements were:
 Craftwater Engineering, Inc.
 Sherwood Design Engineers

The submittals were reviewed based on the following selection criteria listed in the RFP document:

1. Understanding of scope of work to be done.

2. Experience with similar work.

3. Quality of staff for work to be done.

4. Demonstrated technical ability.

5. Familiarity with Salinas and our Phase 1 NPDES permit requirements

Based on these criteria, the review panel comprised of four review panel members selected Craftwater Engineering Inc . as the top firm . A Professional Services Agreement was initially executed in August 2022 and approved by Council on August 23, 2022. However, that contract has expired, and a new contract needs to be executed for completion of the “Green City” Master Plan with the funds remaining from the original contract.

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).

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In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the a ctivity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

STRATEGIC PLAN INITIATIVE:

The proposed project and agreement meet the City Council’s Strategic Plan Initiative of Infrastructure and Environmental Sustainability.

DEPARTMENTAL COORDINATION:

This project will rely on coordination between the Development Engineering , Traffic , CIP Engineering and NPDES divisions in Public Works. The NPDES Division will coordinate the overall execution of the “Green City” Master Plan , with Development Engineering , C IP Engineering and Traffic providing valuable input to the master plan from an engineering and development perspective.

FISCAL AND SUSTAINABILITY IMPACT:

Funding is available and appropriated in 3911.50.8192 – ARPA funding for Stormwater Green Infrastructure Program.

ATTACHMENTS:

Green City Master Plan PSA Feb 2024 thru Feb 2025
Resolution for GSI Master Plan PSA
Green City Master Plan Agreement
Closter Park Green Streets Example

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RESOLUTION NO. (N.C.S.)

A RESOLUTION APPROVING PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SALINAS AND CRAFTWATER ENGINEERING INC FOR THE “GREEN CITY” MASTER PLAN

WHEREAS, on May 6th, 2022, a Request for Proposals (RFP) for providing engineering (consultant) services related to preparation of a “Green City” Master Plan was advertised on the “PlanetBids” website, and in the “Salinas Californian”, a newspaper of general circulation, printed and published in the City of Salinas, California; and

WHEREAS, submittals were received from two firms, and the submittals were reviewed based on the selection criteria listed in the RFP document; and

WHEREAS, the review panel comprising of four City staff selected Craftwater Engineering Inc. as the top-ranked firm; and

WHEREAS, a Professional Services Agreement was successfully negotiated, and secured with said top-ranked firm and approved by Council on August 23, 2022;

WHEREAS, said Professional Services Agreement expired in August 2023 and needs a new executed contract to complete the “Green City” Master Plan;

WHEREAS, The City of Salinas has determined that the proposed action is not a project as defined by the California En vironmental Quality Act (CEQA) (CEQA Guidelines Section 15378);

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALINAS, that the Professional Services Agreement between the City of Salinas and Craftwater Engineering Inc. to provide professional services related to the development of a “Green City” Master Plan in an amount not to exceed $487,359.20 is hereby approved; and

BE IT FURTHER RESOLVED that the Interim City Manager is authorized and directed, for and on behalf of the City of Salinas, and as its act and deed, to execute the attached Agreement for Professional Services between the City of Salinas, a Charter City, and Craftwater Engineering Inc., a California Corporation; and

BE IT FURTHER RESOLVED that the Interim City Manager is authorized to execute extensions and/or non-substantive modifications to the Agreement, as necessary.

PASSED AND APPROVED this 20th day of February 2024, by the following vote:

AYES:

NOES:

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ABSENT:

ABSTAIN:

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APPROVED:

Kimbley Craig, Mayor

ATTEST:

Patricia M. Barajas, City Clerk
Professional Services Agreement v. January 2021 Page 1 of 16 Craftwater Engineering Inc
February 2024

AGREEMENT

FOR PROFESSIONAL SERVICES

BETWEEN

THE CITY OF SALINAS AND

CRAFTWATER ENGINEERING INC

Professional Services Agreement v. January 2021 Page 2 of 16 Craftwater Engineering Inc
February 2024

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. ............................................................................................................... 7

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

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

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

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

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

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

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

21. Jurisdiction and Venue. ........................................................................................................ 9

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

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

24. Nondiscrimination.............................................................................................................. 10

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

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

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

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

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

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

31. Counterparts. ...................................................................................................................... 10

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February 2024

32. Legal Representation. ........................................................................................................ 11

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

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

35. No Waiver of Rights. ......................................................................................................... 11 Exhibit A- Insurance Requirements .............................................................................................. 13 Exhibit B- Scope of Service .......................................................................................................... 16

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February 2024

AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF SALINAS AND CRAFTWATER ENGINEERING INC

This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 9th day of February 2024, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and Craftwater Engineering 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 February 9, 2024, and shall terminate on February 9, 2025 unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties and may be terminated only pursuant to the terms of this Agreement.

3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed four hundred eighty-seven thousand and three hundred fifty-nine dollars and twenty cents ($487,359.20)].

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.

(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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February 2024

(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.

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.

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

Professional Services Agreement v. January 2021 Page 6 of 16 Craftwater Engineering Inc
February 2024

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

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

10. Indemnification and Hold Harmless.

Consultant shall indemnify, and hold City and its officers, and employees harmless, but not defend from and against any and all liability, claims, damages arising out of any personal injury, bodily injury, loss of life, or damage to any property, or violation of any relevant applicable federal, state, or municipal law or ordinance, or other cause to the extent arising from negligence, recklessness, or intentional wrongful acts or omission of Consultant, its employees, subcontractors or agents, or on account of the negligent performance or character of the work, performed in breach of the applicable standard of care, except for any such claim arising from the negligence or willful misconduct of the City, its officers, employees, or agents. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any of such damages or claims for damages. Consultant shall reimburse the City for all costs and expenses including, but not limited to, court costs incurred by the City in enforcing the provisions of this section. Nothing contained in the indemnity pr ovisions shall be construed to require Consultant to indemnify the City against any responsibility or liability in contravention of Civil Code 2782.

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

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

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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.

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

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.

Professional Services Agreement v. January 2021 Page 8 of 16 Craftwater Engineering Inc
February 2024

expenses shall exceed amounts otherwise due and payable to Consultant hereunder, Consultant shall pay City the full amount of such expense.

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

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.

Professional Services Agreement v. January 2021 Page 9 of 16 Craftwater Engineering Inc
February 2024

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.

23. Notices.

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

Interim City Manager
City of Salinas
200 Lincoln Avenue
Salinas, California 93901

With a copy to:

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

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

Chad Helmle, PE
CEO and President
10711 Oakbend Drive
San Diego, CA 92131
[email protected]

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February 2024

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.

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.

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.

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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.

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

CITY OF SALINAS

____________________________
Jim Pia
Interim City Manager

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APPROVED AS TO FORM:

_________________________
□ Christopher A. Callihan, City Attorney, or
□ Rhonda Combs, Assistant City Attorney

CONSULTANT

___________________________________

By: Chad Helmle
Its: CEO and President

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Exhibit A- Insurance Requirements

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

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
(A) Commercial General Liabi lity (“CGL”): Insuranc e Services Office Form (“ISO”) CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (B) Automobile Liability: ISO Form CA 0001 covering any auto, or if Consult ant has no owned autos, hired and non -owned, with limit s 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.

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

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

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

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

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

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

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

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

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

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

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

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

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive 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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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.

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Exhibit B- Scope of Service
Professional Services Agreement v. January 2021 Page 16 of 16 Craftwater Engineering Inc
August 2022

BEECH ST.

TOWT ST.

DEWEY AVE.

ACOSTA ST.

A A
11 1
111
1 3333
3 3 344
4 4
4 4
441 4 3
2 2 33
55 5
5 5
2 2
7 7777
6 6
7 7 7
7 88
888
8 8
8 8
8 8
8 SECTION A-A: BEECH ST.SCALE: NTS
CONCEPTUAL DESIGN NOTESPROPOSED 6' WIDE BIOFILTRATION CELL WITH CONCRETE CURBRAISED ADA CROSSWALKNEW CROSSWALK BUMPOUT10' WIDE PERMEABLE PAVEMENT PARKING LANE. PERMEABLEPAVEMENTS RECOMMENDED ARE PERVIOUS CONCRETE ORPERMEABLE INTERLOCKING CONCRETE PAVERS.BMP EDUCATIONAL SIGNAGE.REPLACE/REHABILITATE EXISTING ADA CROSSWALK STRIPING.STRIPE NEW ADA CROSSWALKPROPOSED NEW TREE 12345678

CLOSTER PARK GREEN STREET CONCEPT PLAN
BIOFILTRATION CELL[BMP OPTION]
PERMEABLE PAVEMENT: CONCRETE[BMP OPTION]
Site InformationLocationCloster ParkSalinas, CaLatitude/Longitude36.6814°N/121.6151°WGroundwater Depth~56 ft below ground level (fromclosest well from State WellNumber:14S03E27B001M)Hydrologic Soil GroupGroup D PROJECT DESCRIPTIONThe streets surrounding Closter Park present an opportunity to reduce impervious surfaces, introduceenhanced pavements, increase urban greening through bioretention swales, and reduce the urban heat islandeffects, all while promoting a safer pedestrian environment. The streets provide the community access to thePark where street parking and pedestrian traffic serve as the primary transportation methods to the area. Thisgreen street project effort seeks to revitalize and re-envision the surroundings streets to incorporate greeninfrastructure solutions providing improved water quality, lowering flood risk, and increasing pedestrian safety.The green street renovations will encompass Towt St., Beech St., and Dewey Ave. The proposed greenstreets intend to add popped out linear bioretention swales along each street. These bioretention swales willcapture and treat the local stormwater runoff. Adjacent to the bioretention swales will be a 10' wide permeablepavement parking section to provide additional stormwater run-off mitigation. The green street project willserve as an example of improvements that can be made to existing streets to help improve public spaces,effluent stormwater quality, and enhance community connection. Educational signage will be placedstrategically around the streets to promote a better understanding of the project objectives. This synergy canprovide a public and community benefit while improving the environmental quality of the built public space. Thestreets and park are owned and operated by the City of Salinas.

PROJECT VICINITY MAP
Capital Cost EstimateParameterValuePlanning, Design, &Permitting$1,339,000ConstructionSite Preparation$3,976,329Greening Elements$703,655Educational Signage$1,250Contingency(10% subtotal)$468,124TOTAL$6,488,358 PROJECT BENEFITS· Beautification via planting drought-tolerant,native plants in the biofiltration area. Alsoreduce heat island effect by introducing morelandscaped areas.· Pavement and Support Elementsdecreases pavement by replacing withbiofiltration areas and replaced AC pavementwith permeable paving in curbside streetparking.· Provide diverse drought-tolerant, nativevegetation within biofiltration cells andcrosswalk bumpout areas.· Enhanced Community Connection/PublicEducation by use of public educationalsignage explaining park BMP benefits.

Feet160800
TRAFFIC CIRCLE[TRAFFIC CALMING ELEMENT]RAISED CROSSWALK[TRAFFIC CALMING ELEMENT]EDUCATIONAL SIGNAGE[ENHANCED COMMUNITY CONNECTION] BERKELEY SEDGE[SALINAS APPROVED PLANT TYPE OPTION]
6' Biofiltration6' BiofiltrationEx. SidewalkEx. Sidewalk City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-067, Version: 1
2024 Pavement Improvement Project, CIP 9981.

Approve a Resolution approving the plans and specifications for the 2024 Pavement Improvement Project, CIP 9981; awarding a contract to Granite Rock Company for the 2024 Pavement Improvement Project, CIP 9981 in the amount of $5,387,979.50; authorize a 25% contingency for the 2024 Pavement Improvement Project, CIP 9981; and authorizing the Interim City Manager to execute all necessary documents and approvals related to additional work, via contract change orders in an amount not to exceed $1,340,000.

City of Salinas Printed on 2/16/2024Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: February 20, 2024
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, P.E., L.S., PUBLIC WORKS DIRECTOR
BY: PHAVANA ARAMKUL, JUNIOR ENGINEER
ADRIANA ROBLES, P.E., CFM, CITY ENGINEER
TITLE: 2024 PAVEMENT IMPROVEMENT PROJECT, CIP NO. 9981,

RECOMMENDED MOTION:

It is recommended that the City Council approve a resolution:

1. Approving the plans and specifications for the 202 4 Pavement Improvement Project, CIP No. 9981; and

2. Awarding a contract to Granite Rock Company in the amount of $5,387,979.50; and

3. Approving a $612,020.50 allowance for extension of the patch and repair limits and 25% contingency; and

4. Authorizing the City Manager to execute all necessary documents related to additional work, via contract change orders.

EXECUTIVE SUMMARY

In the last 5 years the City’s funding and staffing requirements for street maintenance efforts have been insufficient to maintain the approximately 29 2 centerline roadway miles. Ro adway deterioration curves greatly increase with pavement age, vehicle usage, and type of vehicles on the roadway, compounded by the current and previous severe winter storms . Acknowledging the condition of the roadways, City Council allocated carry-over Measure G funds and ARPA funds to address pavement spot repairs on select streets through -out the city. The list of streets was surveyed by staff and requested bids from the On -Call Class A contractors. The bid resulted in a favorable bid price with Granite Rock Company as the apparent low bidder . Staff recommends with awarding the project to Granite Rock Company for $5,387,979.50 and approving an allowance to, the extent possible, extend the limits of patch and repair , and increase the project contingency from the 10% to 25% to cover additional unforeseen conditions.

BACKGROUND

On August 22, 2023, City council approved Master Service Agreements with A. Teichert & Sons, Inc., Coastal Paving & Excavating, Inc. , Grade Break Engineering, Inc. , Granite Construction Company, and Granite Rock Company for On-Call Class A Contracting Services for construction of various public works projects and emergency work.

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On September 12, 2023, City Council approved the use of carry over Measure G funds toward spot pavement repairs for FY 2023 -24 (Resolution No. 22782) within each district . Following field inspections of the selected roadways, staff identified a combination of treatments to apply to the roadways including crack treatment, patch, and repair, overlay and full depth reclamation (FDR).

The 2024 Pavement Improvement Project will improve City’s existing roadways.

Repairs to the following roadways are proposed, in accordance with the Council-approved, priority list.

District 1: Garner Ave, Mea Ave, Old Stage Road
District 2: Towt St
District 3: Abbott St (intersection), Riker Ave
District 4: Tampico Ave, Pacheco St
District 5: N 1st St
District 6: Independence Blvd

The original list approved for repair by council including S. Hebbron Ave, Beech St, La Mesa Dr, Rosarita Dr, Adams St and W Curtis Ave were eliminated due to the extensive damage on the selected street segments.

The City Engineer approved the project plans and specifications and authorized the call for bids for the 2024 Pavement Improvement Project with the On-Call Class A contractors.

On February 6, 2024, four bids were electronically received, publicly opened and examined via a Zoom meeting with the following results (see Bid Tabulation for details).

Table 1: Bid Results
Contractor Total Base Bid 1-6 + Additive Alts 1-6
Granite Rock Company $5,387,979.50
Teichert Construction $5,575,869.00
Granite Construction Company $6,221,224.50
Coastal Paving & Excavating Inc. $6,350,350.00
Engineer’s Estimate $11,241,403.00

The apparent low bidder does qualify for the Local Purchasing Preference. The engineer’s estimate for the project was $11,241,403 and Granite Rock Company, the apparent low bidder, submitted a bid of $5,387,979.50, which is approximately 48% of the engineer ’s estimate. The engineer ’s estimate, in general, was based on unit prices of previous projects 2022-23 Pavement Maintenance Project and escalating unit prices with respect to the trends observed in the California Construction Cost Index (CCI) and published in the Engineering News Record (ENR).

Given that the bid price came in below the $6 million allocated for patch and repair, staff proposes extending the limits of patch and repair, to the extent possible, beyond the limits identified on the plans. Provisions for extending the limits of work are included in the project specifications.

Staff recommends award of the project to the apparent lowest responsive and responsible bidder Granite Rock Company for the bid price of $5,387,979.50.

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Construction is anticipated to begin in summer of 2024 and be completed by Winter of 2024.

CEQA CONSIDERATION:

Categorically exempt. The City of Salinas has determined that the project is exempt fro m the California Environmental Quality Act (CEQA) Guidelines (Section 1530l(c), Class 1), because the project proposes to maintain existing roadways, crosswalks, signage, and pavement striping.

Furthermore, the project does not qualify for any of the exemptions to the categorical exemptions found at CEQA Guidelines Sections 15300.2, because section does not apply, and we are not reconstructing or replacing any structures or facilities.

STRATEGIC PLAN INITIATIVE:

This project relates to the Council’s Goals of Infrastructure and Environmental Sustainability and Public Safety by maintaining the City’s existing roadways and installing new striping and signage to enhance vehicular safety.

DEPARTMENTAL COORDINATION:

Public Works staff and Finance staff have worked together on the funding of the 2024 Pavement Improvement Project.

FISCAL AND SUSTAINABILITY IMPACT:

The total project funding for the project is as follows:

Account Code 5800.50.9981 for CIP 9981 - $6,000,000
Account Code 3911.50.8180 for ARPA (8180) - $3,000,000
The anticipated project costs are as follows:

ANTICIPATED PROJECT COSTS
Description Anticipated Expenditure
Base Bids 1-6 $2,355,288.50
Additive Alternatives 1-6 $3,032,691.00
CCO Allowance $612,020.50
Contingency (25%) $1,500,000.00
Direct Project Cost Subtotal $7,500,000.00
Inspection (3%) $225,000
Administrative Overhead $50,000
Project Management and Admin. (5%) $375,000
Soft Project Cost Subtotal $650,000
Project Direct Costs $7,500,000
Project Soft Costs $650,000
TOTAL PROJECT COSTS $8,150,000
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Based on the tabulation above, sufficient funding is available to complete the project as bid.

ATTACHMENTS:
 Resolution
 Bid Tabulation Sheet
 Project Location Map
 Project Specifications
1 RESOLUTION NO. (N.C.S.)

A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING

BID AWARD AND EXECUTION OF CONTRACT WITH GRANITE ROCK
CONSTRUCTION COMPANY FOR THE 2024 PAVEMENT MAINTENANCE
PROJECT, CIP 9981, AND APPROVING A $612,020.50 ALLLOWANCE FOR EXTENSION OF PATCH AND REPAIR LIMITS AND 25% CONTINGENCY,

AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL CONTRACT

CHANGE ORDERS

WHEREAS, on August 22, 2023, the City Council approved Master Service Agreements for On-Call Type A Contracting Services; and
WHEREAS, on September 12, 2023, the City Council approved the use of carry over Measure G funds for spot pavement repairs; and
WHEREAS, the 2024 Pavement Improvement Project, calls for pavement patch repairs, crack treatment, asphalt overlay, full depth reclamation, and installation of new signs and striping; and
WHEREAS, the City Engineer approved the project plans and specifications and authorized the call for bids for this project with the on-call contractors; and WHEREAS, the City of Salinas has determined that the project is categorically exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 1530l(c), Class 1) because the project proposes to maintain existing roadways, crosswalks, signage, and pavement striping, and the project does not qualify for any of the exemptions to the categorical exemptions found at CEQA Guidelines Sections 15300.2; and
WHEREAS, representatives of the City Clerk of Salinas on February 6, 2024, at a public meeting held via Zoom meeting from City Hall, at Salinas, California, publicly opened, examined, and declared all bids or proposals delivered electronically for the 2024 Pavement Improvement Project in accordance with the spe cifications for such work filed in the office of said City Clerk, and now on file in said office; and
WHEREAS, the apparent lowest respo nsive and responsible bidder Granite Rock Company submitted a bid that is 48% of the engineer’s estimate and sufficient funds are available to award Base Bids 1 - 6 and Additive Alternatives 1 - 6; and WHEREAS, City staff thereupon reported the results of the bidding to the City Council at its regular meeting on February 20, 2024, and the Council in open session at said meeting examined the report of staff.

NOW, THEREFORE, BE IT RESOLVED that pursuant to Salinas Municipal Code Section 12-21, in reference to the 2024 Pavement Maintenance Project, CIP No. 9981, that all of said bids or proposals are rejected except the bid from Granite Rock Company, (hereinafter referred to as “Successful Bidders”), being the apparent lowest and best bid which is hereby accepted (Base Bids 1-6 and Additive Alternatives 1-6). The subject contract is hereby awarded to 2 said Succ essful Bidder for the sum of $ 5,387,979.50, and more specifically at the unit prices particularly set forth and contained in the Proposal for the 2024 Pavement Improvement Project, CIP No. 9981, of said successful bidders previously filed in the office of the City Clerk. Said sum shall be paid by the City of Salinas to said Successful Bidder in cash, lawful money of the United States of America, payable at the time and manner specified in the pla ns and specification s and contract documents for the project filed in the office of the City Clerk, entitled “ 2024 Pavement Improvement Project, CIP No. 9981”; and
BE IT FURTHER RESOLVED that said plans and specification s are hereby accepted and adopted for said work and are also referred to for all of the details and particulars thereof, and said plans and specification s are by reference incorporated in and hereby made a part of this resolution; and
BE IT FURTHER RESOLVED that the Salinas City Council hereby approves a $612,020.50 allowance for extension of patch and repair limits and a 25% contingency; and BE IT FURTHER RESOLVED that the City Manager of Salinas is hereby authorized and directed on behalf of the City of Salinas to execute all contract change orders; and BE IT FURTHER RESOLVED that the Mayor of Salinas is hereby authorized and directed on behalf of the City of Salinas to execute a contract consistent with the Proposal of said Successful Bidder for said work.

PASSED AND APPROVED this 20th day of February 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk
BID OPENING:

Feb. 6, 2024

BID TABULATION
2024 Pavement Improvements
CIP No. 9981
Bid awarded on _________ by Salinas City Council by Resolution No. _______ (NCS) to: ________________ Drawing No. 8258 for for the sum of ________________ (BaseBid No. 1 thru 6 + Additive Alternate No. 1 thru 6.) Project Coordinator: Phavana Aramkul All other bids were rejected and bid bonds returned. Project Manager: Adriana Robles Dated this ______ day of _________, 2024
Cit y Clerk
ITEM
CODE
BASE BID No. 1 (Dist 1 – Garner Ave)
1 MOBILIZATION 1L S 2,500.00 2,500.00 8,000.00 $ 8,000.00 $ 3,800.00 $ 3,800.00 $ 6,000.00 $ 6,000.00 $ 4,500.00 $ 4,500.00 $ 2 SEDIMENT & EROSION CONTROL 1 LS 3,500.00 3,500.00 6,000.00 $ 6,000.00 $ 1,000.00 $ 1,000.00 $ 9,000.00 $ 9,000.00 $ 1,500.00 $ 1,500.00 $ 3 TEMPORARY TRAFFIC CONTROL 1 LS 7,500.00 7,500.00 7,500.00 $ 7,500.00 $ 4,000.00 $ 4,000.00 $ 7,500.00 $ 7,500.00 $ 12,500.00 $ 12,500.00 $ 4 CRACK TREATMENT 2 LLM 5,000.00 10,000.00 4,050.00 $ 8,100.00 $ 4,100.00 $ 8,200.00 $ 4,050.00 $ 8,100.00 $ 5,835.00 $ 11,670.00 $ 5 PAVEMENT DIGOUT AND REPAIR, 6" THICK 1,475 SF 25.00 36,875.00 26.00 $ 38,350.00$ 20.00$ 29,500.00$ 20.00$ 29,500.00$ 10.00$ 14,750.00$ 6 FURNISH AND INSTALL THERMOPLASTIC STRIPING AND MARKINGS; CHANNELIZERS; RAISED PAVEMENT MARKERS (PER PLAN; INCLUDES REMOVAL) 1 L S 5,999.50 5,999.50 1,095.00 $ 1,095.00$ 1,095.00$ 1,095.00$ 1,095.00$ 1,095.00$ 1,440.00$ 1,440.00$ TOTAL BASE BID No. 1 (Items No. 1-6 ) (For Comparison Only) 1,481 Add-Alt 1 (Dist 1 – Old Stage Rd)
7 MOBILIZATION 1 L S 2,500.00 2,500.00 7,400.00 $ 7,400.00 $ 3,500.00 $ 3,500.00 $ 16,000.00 $ 16,000.00 $ 16,000.00 $ 16,000.00 $ 8 SEDIMENT & EROSION CONTROL 1 LS 10,500.00 10,500.00 2,350.00 $ 2,350.00 $ 1,000.00 $ 1,000.00 $ 500.00 $ 500.00 $ 1,500.00$ 1,500.00 $ 9 TEMPORARY TRAFFIC CONTROL 1 LS 7,500.00 7,500.00 6,300.00 $ 6,300.00 $ 8,000.00 $ 8,000.00 $ 10,000.00 $ 10,000.00 $ 5,200.00 $ 5,200.00 $ 10 PAVEMENT DIGOUT AND REPAIR, 6" THICK 13,630 SF 25.00 340,750.00 9.25 $ 126,077.50 $ 10.00$ 136,300.00$ 9.00$ 122,670.00 $ 9.00$ 122,670.00 $ 11 FURNISH AND INSTALL THERMOPLASTIC STRIPING AND MARKINGS; CHANNELIZERS; RAISED PAVEMENT MARKERS (PER PLAN; INCLUDES REMOVAL) 1 L S 36,125.00 36,125.00 11,700.00$ 11,700.00$ 11,700.00$ 11,700.00$ 11,700.00$ 11,700.00$ 14,635.00$ 14,635.00$ Total Add-Alt No. 1 (Items No. 7-11) (For Comparison Only) 13,634 Add-Alt 2 (Dist 1 – Mae Ave)
12 MOBILIZATION 1 L S 1,500.00 1,500.00 5,900.00 $ 5,900.00 $ 3,500.00 $ 3,500.00 $ 11,000.00 $ 11,000.00 $ 11,400.00 $ 11,400.00 $ 13 SEDIMENT & EROSION CONTROL 1 LS 2,500.00 2,500.00 3,370.00 $ 3,370.00 $ 500.00 $ 500.00 $ 3,000.00$ 3,000.00 $ 1,500.00 $ 1,500.00 $ 14 TEMPORARY TRAFFIC CONTROL 1 LS 7,500.00 7,500.00 5,285.00 $ 5,285.00 $ 5,050.00 $ 5,050.00 $ 5,000.00 $ 5,000.00 $ 12,000.00 $ 12,000.00 $ 15 CRACK TREATMENT 2 LLM 5,000.00 10,000.00 2,240.00 $ 4,480.00 $ 2,250.00 $ 4,500.00 $ 2,240.00 $ 4,480.00 $ 5,835.00 $ 11,670.00 $ 16 PAVEMENT DIGOUT AND REPAIR, 6" THICK 7,500 SF 25.00 187,500.00 9.75 $ 73,125.00$ 9.00$ 67,500.00$ 13.00$ 97,500.00$ 10.00$ 75,000.00$ 17 FURNISH AND INSTALL THERMOPLASTIC STRIPING AND MARKINGS; CHANNELIZERS; RAISED PAVEMENT MARKERS (PER PLAN; INCLUDES REMOVAL) 1 L S 20,900.00 20,900.00 1,315.00 $ 1,315.00$ 1,315.00$ 1,315.00$ 1,315.00$ 1,315.00$ 1,705.00$ 1,705.00$ Total Add-Alt No. 2 (Items No. 12-17) (For Comparison Only) 7,506 229,900.00 BASE BID No. 2 (Dist 2 – Towt St)
18 MOBILIZATION 1 L S 3,000.00 3,000.00 16,000.00 $ 16,000.00 $ 60,000.00 $ 60,000.00 $ 92,000.00 $ 92,000.00 $ 57,000.00 $ 57,000.00 $ 19 SEDIMENT & EROSION CONTROL 1 LS 4,000.00 4,000.00 12,000.00 $ 12,000.00 $ 2,000.00 $ 2,000.00 $ 10,000.00 $ 10,000.00 $ 1,500.00 $ 1,500.00 $ 20 TEMPORARY TRAFFIC CONTROL 1 LS 7,500.00 7,500.00 33,000.00 $ 33,000.00 $ 44,560.00 $ 44,560.00 $ 60,000.00 $ 60,000.00 $ 33,000.00 $ 33,000.00 $ 22 CRACK TREATMENT 4 LLM 5,000.00 20,000.00 4,050.00 $ 16,200.00 $ 4,100.00 $ 16,400.00 $ 4,050.00 $ 16,200.00 $ 5,835.00 $ 23,340.00 $ 21 PAVEMENT DIGOUT AND REPAIR, 6" THICK 61,165 SF 25.00 1,529,125.00 8.00 $ 489,320.00 $ 9.00$ 550,485.00 $ 12.00$ 733,980.00$ 7.00$ 428,155.00 $ 23 FURNISH AND INSTALL THERMOPLASTIC STRIPING AND MARKINGS; CHANNELIZERS; RAISED PAVEMENT MARKERS (PER PLAN; INCLUDES REMOVAL) 1 L S 156,399.50 156,399.50 21,150.00$ 21,150.00$ 21,150.00$ 21,150.00$ 21,150.00$ 21,150.00$ 26,450.00$ 26,450.00$ TOTAL BASE BID No. 2 (Items No. 18-23) (For Comparison Only) 61,173 BASE BID No. 3 (Dist 3 – Abbott St)
24 MOBILIZATION 1L S 2,000.00 2,000.00 9,000.00 $ 9,000.00 $ 10,000.00 $ 10,000.00 $ 21,000.00 $ 21,000.00 $ 16,000.00 $ 16,000.00 $ 25 SEDIMENT & EROSION CONTROL 1 LS 2,000.00 2,000.00 6,000.00 $ 6,000.00 $ 1,000.00 $ 1,000.00 $ 2,500.00 $ 2,500.00 $ 1,500.00 $ 1,500.00 $ 26 TEMPORARY TRAFFIC CONTROL 1 LS 7,500.00 7,500.00 7,500.00 $ 7,500.00 $ 7,000.00 $ 7,000.00 $ 40,000.00 $ 40,000.00 $ 23,500.00 $ 23,500.00 $ 27 PAVEMENT DIGOUT AND REPAIR, 6" THICK 9,740 SF 25.00 243,500.00 9.75 $ 94,965.00$ 11.00$ 107,140.00$ 15.00$ 146,100.00$ 12.00$ 116,880.00$ 28 FURNISH AND INSTALL THERMOPLASTIC STRIPING AND MARKINGS; CHANNELIZERS; RAISED PAVEMENT MARKERS (PER PLAN; INCLUDES REMOVAL) 1L S 25,500.00 25,500.00 3,225.00 $ 3,225.00$ 3,225.00$ 3,225.00$ 3,225.00$ 3,225.00$ 3,995.00$ 3,995.00$ TOTAL BASE BID No. 3 (Items No. 24-28) (For Comparison Only) 9,744 Add-Alt 3 (Dist 3 – Riker St)
29 MOBILIZATION 1 L S 3,000.00 3,000.00 7,525.00 $ 7,525.00 $ 3,500.00 $ 3,500.00 $ 35,000.00 $ 35,000.00 $ 30,000.00 $ 30,000.00 $ 30 SEDIMENT & EROSION CONTROL 1 LS 4,000.00 4,000.00 8,950.00 $ 8,950.00 $ 1,000.00 $ 1,000.00 $ 8,000.00 $ 8,000.00 $ 1,500.00 $ 1,500.00 $ 31 TEMPORARY TRAFFIC CONTROL 1 LS 7,500.00 7,500.00 12,700.00 $ 12,700.00 $ 14,150.00 $ 14,150.00 $ 27,000.00 $ 27,000.00 $ 13,000.00 $ 13,000.00 $ 32 CRACK TREATMENT 3 LLM 5,000.00 15,000.00 2,240.00 $ 6,720.00 $ 2,250.00 $ 6,750.00 $ 2,240.00 $ 6,720.00 $ 5,835.00 $ 17,505.00 $ 33 PAVEMENT DIGOUT AND REPAIR, 6" THICK 27,750 SF 25.00 693,750.00 7.25 $ 201,187.50$ 8.00$ 222,000.00$ 11.00$ 305,250.00$ 8.00$ 222,000.00$ 34 FURNISH AND INSTALL THERMOPLASTIC STRIPING AND MARKINGS; CHANNELIZERS; RAISED PAVEMENT MARKERS (PER PLAN; INCLUDES REMOVAL) 1 L S 72,320.00 72,320.00 13,690.00$ 13,690.00$ 13,690.00$ 13,690.00$ 13,690.00$ 13,690.00$ 17,125.00$ 17,125.00$ Total Add-Alt No. 3 (Items No. 29-34) (For Comparison Only) 27,757 BASE BID 4 (Dist 4 – OVLY - Tampico St)
35 MOBILIZATION 1 L S 3,000.00 3,000.00 35,000.00 $ 35,000.00 $ 32,000.00 $ 32,000.00 $ 43,000.00 $ 43,000.00 $ 37,000.00 $ 37,000.00 $ 36 SEDIMENT & EROSION CONTROL 1 LS 4,000.00 4,000.00 8,750.00 $ 8,750.00 $ 2,000.00 $ 2,000.00 $ 6,000.00 $ 6,000.00 $ 1,500.00 $ 1,500.00 $ 37 TEMPORARY TRAFFIC CONTROL 1 LS 7,500.00 7,500.00 30,500.00 $ 30,500.00 $ 20,000.00 $ 20,000.00 $ 30,000.00 $ 30,000.00 $ 18,000.00 $ 18,000.00 $ 38 PAVEMENT DIGOUT AND REPAIR, 6" THICK 17,700 SF 25.00 442,500.00 9.00 $ 159,300.00$ 7.50$ 132,750.00$ 12.00$ 212,400.00$ 8.00$ 141,600.00$ 39 CONSTRUCT 2" THICK TYPE A ASPHALT CONCRETE 736 TON 170.00 125,120.00 180.00$ 132,480.00$ 215.00$ 158,240.00$ 190.00$ 139,840.00$ 240.00$ 176,640.00$ 40 FURNISH AND INSTALL THERMOPLASTIC STRIPING AND MARKINGS; CHANNELIZERS; RAISED

PAVEMENT MARKERS
(PER PLAN; INCLUDES REMOVAL) 1 L S 58,200.00 58,200.00 3,725.00 $ 3,725.00 $ 3,725.00 $ 3,725.00 $ 3,725.00 $ 3,725.00 $ 4,595.00 $ 4,595.00 $ Total BASE BID 4 (Items No. 35-40) (For Comparison Only) 18,440 280,500.00$
1,720,024.50$
397,375.00$
66,374.50$

ENGINEERING ESTIMATE
625,820.00$
795,570.00$
61,195.00$
160,870.00$
122,295.00$
933,330.00$
212,825.00$
46,360.00$
160,005.00$
113,275.00$
569,445.00$
161,875.00$
395,660.00$
434,965.00$
301,130.00$
379,335.00$
ITEM
NO. UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE
GraniteRock
350 Technology Drive
Watsonville, Ca 95076
DESCRIPTION UNIT TOTAL APPROX. QTY TOTAL TOTAL TOTAL TOTALUNIT PRICE Coastal Paving & Excavating Inc.
24560 Silver Cloud Ct. Suite 101
Monterey Ca. 93940
CONTRACTOR #3
A. Teichert & Son Inc.

DBA Teichert Construction
5200 Franklin Dr. Suite 115
Pleasanton Ca. 94588
Granite Construction Co.
580 West Beach Street
Watsonville Ca. 95076
CONTRACTOR #4
47,595.00$
CONTRACTOR #1 CONTRACTOR #2
69,045.00$
153,827.50$
93,475.00$
587,670.00$
120,690.00$
250,772.50$
369,755.00$
160,500.00$
82,365.00$
694,595.00$
128,365.00$
261,090.00$
348,715.00$
2/7/2024 J:\p\9981 2023 Pavement Restoration Phase 1\Office\estimates\2024 Pave Improv CIP9981.02.06.24.xlsx Page 1 of 3 BID OPENING:

Feb. 6, 2024

BID TABULATION
2024 Pavement Improvements
CIP No. 9981
ITEM
CODE

ENGI NEERING ESTIMATE
ITEM
NO. UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE
GraniteRock
350 Technology Drive
Watsonville, Ca 95076
DESCRIPTION UNIT TOTAL APPROX. QTY TOTAL TOTAL TOTAL TOTALUNIT PRICE Coastal Paving & Excavating Inc.
24560 Silver Cloud Ct. Suite 101
Monterey Ca. 93940
CONTRACTOR #3
A. Teichert & Son Inc.

DBA Teichert Construction
5200 Franklin Dr. Suite 115
Pleasanton Ca. 94588
Granite Construction Co.
580 West Beach Street
Watsonville Ca. 95076
CONTRACTOR #4CONTRACTOR #1 CONTRACTOR #2
Add-Alt 4 (Dist 4 – OVLY - Pacheco St)
41 MOBILIZATION 1 L S 3,000.00 3,000.00 15,000.00 $ 15,000.00 $ 3,500.00 $ 3,500.00 $ 11,000.00 $ 11,000.00 $ 23,000.00 $ 23,000.00 $ 42 SEDIMENT & EROSION CONTROL 1 LS 4,000.00 4,000.00 2,925.00 $ 2,925.00 $ 1,000.00 $ 1,000.00 $ 1,800.00 $ 1,800.00 $ 1,500.00 $ 1,500.00 $ 43 TEMPORARY TRAFFIC CONTROL 1 LS 7,500.00 7,500.00 8,065.00 $ 8,065.00 $ 3,500.00 $ 3,500.00 $ 7,200.00 $ 7,200.00 $ 9,000.00 $ 9,000.00 $ 44 PAVEMENT DIGOUT AND REPAIR, 6" THICK 9,130 SF 25.00 228,250.00 8.00 $ 73,040.00$ 6.00$ 54,780.00$ 6.00$ 54,780.00$ 10.00$ 91,300.00$ 45 CONSTRUCT 2" THICK TYPE A ASPHALT CONCRETE 431 TON 170.00 73,270.00 190.00$ 81,890.00$ 115.00$ 49,565.00$ 106.00$ 45,686.00$ 240.00$ 103,440.00$ 46 FURNISH AND INSTALL THERMOPLASTIC STRIPING AND MARKINGS; CHANNELIZERS; RAISED PAVEMENT MARKERS (PER PLAN; INCLUDES REMOVAL) 1 L S 39,499.50 39,499.50 595.00$ 595.00$ 595.00$ 595.00$ 595.00$ 595.00$ 840.00$ 840.00$ Total Add-Alt No. 4 (Items No. 41-46) (For Comparison Only) 9,565 BASE BID No. 5 (Dist 5 - N 1St St)
47 MOBILIZATION 1L S 4,000.00 4,000.00 11,250.00 $ 11,250.00 $ 45,000.00 $ 45,000.00 $ 62,000.00 $ 62,000.00 $ 36,000.00 $ 36,000.00 $ 48 SEDIMENT & EROSION CONTROL 1 LS 5,000.00 5,000.00 8,500.00 $ 8,500.00 $ 2,000.00 $ 2,000.00 $ 9,100.00 $ 9,100.00 $ 1,500.00 $ 1,500.00 $ 49 TEMPORARY TRAFFIC CONTROL 1 LS 6,000.00 6,000.00 22,000.00 $ 22,000.00 $ 32,000.00 $ 32,000.00 $ 40,000.00 $ 40,000.00 $ 13,000.00 $ 13,000.00 $ 50 CRACK TREATMENT 2 LLM 5,000.00 10,000.00 4,050.00 $ 8,100.00 $ 4,100.00 $ 8,200.00 $ 4,050.00 $ 8,100.00 $ 5,835.00 $ 11,670.00 $ 51 PAVEMENT DIGOUT AND REPAIR, 6" THICK 42,564 SF 25.00 1,064,100.00 7.50 $ 319,230.00 $ 9.00$ 383,076.00 $ 12.00$ 510,768.00$ 7.00$ 297,948.00 $ 52 FURNISH AND INSTALL THERMOPLASTIC STRIPING AND MARKINGS; CHANNELIZERS; RAISED PAVEMENT MARKERS (PER PLAN; INCLUDES REMOVAL) 1 L S 108,900.00 108,900.00 2,300.00$ 2,300.00$ 2,300.00$ 2,300.00$ 2,300.00$ 2,300.00$ 2,875.00$ 2,875.00$ TOTAL BASE BID No. 5 (Items No. 47-52) (For Comparison Only) 42,570 BASE BID 6 (Dist 6 - Independence Blvd - FDR - Ph 1)
53 MOBILIZATION 1 L S 4,000.00 4,000.00 85,000.00 $ 85,000.00 $ 91,000.00 $ 91,000.00 $ 82,000.00 $ 82,000.00 $ 94,000.00 $ 94,000.00 $ 54 SEDIMENT & EROSION CONTROL 1 LS 5,000.00 5,000.00 9,000.00 $ 9,000.00 $ 3,000.00 $ 3,000.00 $ 7,700.00 $ 7,700.00 $ 1,500.00 $ 1,500.00 $ 55 TEMPORARY TRAFFIC CONTROL (INCLUDES PORTABLE CHANGEABLE MESSAGE SIGNS ) 1 L S 17,000.00 17,000.00 64,000.00$ 64,000.00 $ 76,000.00 $ 76,000.00 $ 63,000.00 $ 63,000.00 $ 78,742.50 $ 78,742.50 $ 56 HOT MIX ASPHALT (TYPE A) (5.5" DEPTH) 2,442 TON 170.00 415,140.00 155.00$ 378,510.00$ 180.00$ 439,560.00$ 123.00$ 300,366.00$ 150.00$ 366,300.00$ 57 UNCLASSIFIED ROADWAY EXCAVATION (16" DEPTH) 0 CY 160.00 0.00 -$ -$ -$ -$ -$ 58 SOIL STABILIZATION FULL-DEPTH REHABILITATION 65,110 SF 10.00 651,100.00 3.25$ 211,607.50$ 3.20$ 208,352.00$ 4.00$ 260,440.00$ 4.60$ 299,506.00$ 59 CEMENT TREATMENT FOR FULL DEPTH REHABILITATION 163 TON 200.00 32,600.00 227.00$ 37,001.00$ 250.00$ 40,750.00$ 280.00$ 45,640.00$ 220.00$ 35,860.00$ 60 FURNISH AND INSTALL THERMOPLASTIC STRIPING AND MARKINGS; CHANNELIZERS; RAISED

PAVEMENT MARKERS
(PER PLAN; INCLUDES REMOVAL) 1 L S 113,954.00 113,954.00 49,065.00$ 49,065.00 $ 55,000.00 $ 55,000.00 $ 49,065.00 $ 49,065.00 $ 61,015.00 $ 61,015.00 $ 61 FURNISH AND INSTALL SIGN AND POST 3 EA 500.00 1,500.00 565.00 $ 1,695.00$ 565.00 $ 1,695.00$ 565.00 $ 1,695.00$ 565.00 $ 1,695.00$ 62 FURNISH AND INSTALL SIGN (EXISTING POLE/POST) 2 EA 300.00 600.00 435.00 $ 870.00 $ 435.00 $ 870.00 $ 435.00 $ 870.00 $ 435.00 $ 870.00 $ Total Base Bid 6 (Items No. 53-62) (For Comparison Only) 67,724 Add-Alt 5 (Dist 6 - Independence Blvd - FDR - Ph 2)
63 MOBILIZATION 1 L S 4,000.00 4,000.00 45,000.00 $ 45,000.00 $ 35,000.00 $ 35,000.00 $ 50,000.00 $ 50,000.00 $ 84,000.00 $ 84,000.00 $ 64 SEDIMENT & EROSION CONTROL 1 LS 5,000.00 5,000.00 4,000.00 $ 4,000.00 $ 1,000.00 $ 1,000.00 $ 500.00 $ 500.00 $ 1,500.00$ 1,500.00 $ 65 TEMPORARY TRAFFIC CONTROL (INCLUDES PORTABLE CHANGEABLE MESSAGE SIGNS ) 1 L S 8,000. 00 8,000.00 33,000.00 $ 33,000.00$ 35,800.00$ 35,800.00$ 20,000.00$ 20,000.00$ 81,000.00$ 81,000.00$ 66 HOT MIX ASPHALT (TYPE A) (5.5" DEPTH) 2,074 TON 170.00 352,580.00 145.00$ 300,730.00$ 139.50$ 289,323.00$ 124.00$ 257,176.00$ 150.00$ 311,100.00$ 67 UNCLASSIFIED ROADWAY EXCAVATION (16" DEPTH) 0 CY 160.00 0.00 ‐$ -$ -$ -$ -$ -$ -$ 68 SOIL STABILIZATION FULL-DEPTH REHABILITATION 55,305 SF 10.00 553,050.00 2.90$ 160,384.50$ 2.20$ 121,671.00$ 2.80$ 154,854.00$ 4.60$ 254,403.00$ 69 CEMENT TREATMENT FOR FULL DEPTH REHABILITATION 140 TON 80.00 11,200.00 227.00$ 31,780.00$ 247.50$ 34,650.00$ 223.00$ 31,220.00$ 220.00$ 30,800.00$ 70 FURNISH AND INSTALL THERMOPLASTIC STRIPING AND MARKINGS; CHANNELIZERS; RAISED

PAVEMENT MARKERS
(PER PLAN; INCLUDES REMOVAL) 1 L S 93,820.00 93,820.00 59,965.00$ 59,965.00 $ 59,965.00 $ 59,965.00 $ 59,965.00 $ 59,965.00 $ 74,465.00 $ 74,465.00 $ 71 FURNISH AND INSTALL SIGN (EXISTING POLE/POST) 2 EA 300.00 600.00 435.00 $ 870.00 $ 435.00 $ 870.00 $ 435.00 $ 870.00 $ 435.00 $ 870.00 $ Total Add-Alt 5 (Dist 6 - FDR - Ph 2) (Items No. 63-71) (For Comparison Only) 57,525 Add-Alt 6 (Dist 6 - Independence Blvd - FDR - Ph 3)
72 MOBILIZATION 1 L S 4,000.00 4,000.00 100,125.00$ 100,125.00 $ 80,000.00 $ 80,000.00 $ 160,000.00 $ 160,000.00 $ 225,000.00 $ 225,000.00 $ 73 SEDIMENT & EROSION CONTROL 1 LS 5,000.00 5,000.00 4,150.00 $ 4,150.00 $ 2,000.00 $ 2,000.00 $ 3,700.00 $ 3,700.00 $ 1,500.00 $ 1,500.00 $ 74 TEMPORARY TRAFFIC CONTROL (INCLUDES PORTABLE CHANGEABLE MESSAGE SIGNS ) 1 L S 15,000. 00 15,000.00 80,450.00$ 80,450.00$ 90,000.00$ 90,000.00$ 96,000.00$ 96,000.00$ 120,000.00$ 120,000.00$ 75 HOT MIX ASPHALT (TYPE A) (5.5" DEPTH) 6,740 TON 170.00 1,145,800.00 140.00$ 943,600.00$ 146.05$ 984,377.00$ 125.00$ 842,500.00$ 142.00$ 957,080.00$ 76 UNCLASSIFIED ROADWAY EXCAVATION (16" DEPTH) 0 CY 6.00 0.00 -$ -$ -$ -$ -$ -$ 77 SOIL STABILIZATION FULL-DEPTH REHABILITATION 179,715 SF 10.00 1,797,150.00 1.90$ 341,458.50$ 2.00$ 359,430.00$ 2.30$ 413,344.50$ 3.70$ 664,945.50$ 78 CEMENT TREATMENT FOR FULL DEPTH REHABILITATION 450 TON 80.00 36,000.00 227.00$ 102,150.00$ 247.50$ 111,375.00$ 223.00$ 100,350.00$ 220.00$ 99,000.00$ 79 FURNISH AND INSTALL THERMOPLASTIC STRIPING AND MARKINGS; CHANNELIZERS; RAISED PAVEMENT MARKERS (PER PLAN; INCLUDES REMOVAL) 1 L S 300,275.00 300,275.00 145,438.00$ 145,438.00$ 145,440.00$ 145,440.00$ 145,500.00$ 145,500.00$ 181,700.00$ 181,700.00$ Total Add-Alt 6 (Dist 6 - FDR - Ph 3) (Items No.72-79) (For Comparison Only) 186,909 GRAND TOTAL (BASE BIDS 1-6 + ADDITIVE ALTERNATIVES 1-6) (FOR COMPARISON ONLY)
1,240,894.00$
1,198,000.00$
355,519.50$
3,303,225.00$
1,028,250.00$ 574,585.00$
1,761,394.50$
578,279.00$
1,772,622.00$
939,488.50$
838,138.00$
2,249,225.50$
121,061.00$
632,268.00$
810,776.00$
229,080.00$
362,993.00$
836,748.50$
5,387,979.50$ 5,575,869.00$ 6,221,224.50$ 6,350,350.00$ 635,729.50$
1,717,371.50$
11,241,452.50
181,515.00$
371,380.00$
112,940.00$
472,576.00$
916,227.00$
2/7/2024 J:\p\9981 2023 Pavement Restoration Phase 1\Office\estimates\2024 Pave Improv CIP9981.02.06.24.xlsx Page 2 of 3 BID OPENING:

Feb. 6, 2024

BID TABULATION
2024 Pavement Improvements
CIP No. 9981
ITEM
CODE

DBA Teichert Construction
5200 Franklin Dr. Suite 115
Pleasanton Ca. 94588
Granite Construction Co.
580 West Beach Street
Watsonville Ca. 95076
CONTRACTOR #4CONTRACTOR #1 CONTRACTOR #2
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Bidder's Statement Of Subcontractors Part I
Addendum No. 2
Addendum No. 4
X
X
X
X
X
X
X
XDeclation of Local Business Enterprise (if applicable) Bidder's Statement Of Subcontractors Part II
Non-Collusion Declaration Of Sub-Contractor
Bidder's Statement of Good Faith Effort for Local Hire
Bidder's List For The City Of Salinas Engineering And Transportation Department

ITEMS TO BE SUBMITTED WITH PROPOSAL ON BID OPENING DATE ITEMS TO BE SUBMITTED BY LOW BIDDER AND SECOND LOWEST BIDDDER ON/OR WITHIN 5 WORKING DAYS AFTER BID OPENING DATE Proposal
Addendum No. 1
Addendum No. 5
Bid Bond
Bidder’s Statement of Financial Responsibility Technical Ability and Experience Non-Collusion Declaration Of Contractor
Insurance Certification
X
X
Addendum No. 3 X
X
2/7/2024 J:\p\9981 2023 Pavement Restoration Phase 1\Office\estimates\2024 Pave Improv CIP9981.02.06.24.xlsx Page 3 of 3 2 3
4 5
6 1

LOCATION MAP

TABLE OF CONTENTS
Section Page No.

LOCATION MAP .......................................................................................................................... 8 NOTICE TO BIDDERS ................................................................................................................ 10 PART A – BID CONTRACT DOCUMENTS .................................................................................................... 14

CONTRACT DOCUMENTS TO BE SUBMITTED WITH BID ON BID OPENING DATE ....................................................................................................................................................... 15 PROPOSAL ............................................................................................................................... 16 BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY, TECHNICAL ABILITY AND EXPERIENCE .................................................................................................. 26 NON-COLLUSION DECLARATION OF CONTRACTOR ................................................... 27 INSURANCE CERTIFICATION ............................................................................................. 28 BIDDER’S STATEMENT OF SUBCONTRACTORS – PART I ........................................... 29 CONTRACT DOCUMENTS TO BE SUBMITTED TO THE CITY WITHIN 5 WORKING DAYS AFTER BID OPENING DATE ...................................................................................... 30 BIDDER’S STATEMENT OF SUBCONTRACTORS – PART I I ........................................... 32 NON-COLLUSION DECLARATION OF SUBCONTRACTOR ........................................... 34 STATEMENT OF GOOD FAITH EFFORT FOR LOCAL HIRE ........................................... 35 BIDDER’S LIST FOR THE CITY OF SALINAS PUBLIC WORKS DEPARTMENT ......... 36 PART B – SUCCESSFUL BIDDER’S CONTRACT DOCUMENTS TO BE SUBMITTED AFTER PROJECT IS AWARDED ..................................................................................................................................... 37 GENERAL INSTRUCTIONS TO LOW BIDDER .................................................................. 38 PERFORMANCE BOND ......................................................................................................... 40 PAYMENT BOND (LABOR AND MATERIAL BOND) ....................................................... 42 AGREEMENT .......................................................................................................................... 44 PUBLIC WORKS CONTRACT AWARD INFORMATION (D.A.S. 140) ............................ 51 PART C – CITY OF SALINAS FORMS AND MEMORANDUM DOCUMENTS ................................... 52 STATEMENT OF COMPLIANCE .......................................................................................... 53 CITY OF SALINAS FRINGE BENEFIT STATEMENT ........................................................ 55 CITY OF SALINAS PUBLIC WORKS PAYROLL REPORTING FORM ............................ 56 LOCAL HIRING RESIDENCY COMPLIANCE DOCUMENTATION................................. 57 PUBLIC WORKS DEPARTMENT BID PROTEST................................................................ 58 CITY OF SALINAS NOTICE OF POTENTIAL CLAIM ....................................................... 59 PART D – SPECIAL PROVISIONS .................................................................................................................... 60 SECTION 1 SPECIFICATIONS AND PLANS ........................................................................ 61 SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS ...................................... 61 2-1.01 GENERAL .................................................................................................................. 61 2-1.02 EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT AND SITE OF WORK ........................................................................................................................ 62 2-1.03 BID PROTEST FEE ................................................................................................... 62 SECTION 3 AWARD AND EXECUTION OF CONTRACT ................................................. 63 SECTION 4 BEGINNING OF WORK, TIME OF COMPLETION, LIQUIDATED DAMAGES AND TEMPORARY SUSPENSION OF WORK ................................................ 64 SECTION 5 GENERAL .............................................................................................................. 66 5-1.01 LABOR NONDISCRIMINATION ............................................................................ 66 5-1.02 WAGE DETERMINATION ....................................................................................... 67 5-1.03 DIR REGISTRATION ................................................................................................ 67 5-1.04 ENFORCEMENT OF CITY’S LOCAL HIRING ORDINANCE.............................. 68 5-1.05 WORK TO BE DONE BY OTHERS ......................................................................... 68 5-1.06 PERMITS AND LICENSES....................................................................................... 68 5-1.07 PARTIAL PAYMENTS AND RETENTION ............................................................ 68 5-1.08 COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS FOR ASPHALT CONCRETE ............................................................................................ 69 5-1.09 INCREASE OR DECREASE QUANTITY ............................................................... 69 5-1.10 ITEMS NOT LISTED ................................................................................................. 69 5-1.11 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ........................ 69 5-1.12 INSPECTIONS AND CONTROL OF WORK .......................................................... 73 5-1.13 DISCREPANCIES ...................................................................................................... 73 5-1.14 CLOSING OF UNINSPECTED WORK .................................................................... 73 5-1.15 ARBITRATION .......................................................................................................... 74 5-1.16 NOTICE OF POTENTIAL CLAIM ........................................................................... 74 5-1.17 CLAIMS...................................................................................................................... 75 5-1.18 DELAYS ..................................................................................................................... 75 5-1.19 PUBLIC CONTRACTS CODE 9204 PUBLIC WORK PROJECT ........................... 75 5-1.20 COORDINATION AND COOPERATION ............................................................... 78 5-1.21 CONSTRUCTION EASEMENTS ............................................................................. 78 5-1.22 GRAFFITI ................................................................................................................... 79 5-1.23 PUBLIC SAFETY ...................................................................................................... 79 5-1.24 AREAS FOR CONTRACTOR’S USE ....................................................................... 79 SECTION 6 SAFETY AND HEALTH ...................................................................................... 79 6-1.01 CONTRACTOR’S RESPONSIBILITY FOR SAFETY ............................................ 79 6-1.02 SAFETY MEASURES ............................................................................................... 80 6-1.03 CONFINED SPACE SAFETY ................................................................................... 80 6-1.04 PERSONAL HYGIENE ............................................................................................. 80 6-1.05 PUBLIC SAFETY AND CONVENIENCE ............................................................... 80 6-1.06 SOUND CONTROL REQUIREMENTS ................................................................... 81 6-1.07 WARNINGS AND BARRICADES ........................................................................... 81 6-1.08 FIRE PREVENTION .................................................................................................. 81 6-1.09 SAFETY HELMETS, CLOTHING AND EQUIPMENT .......................................... 81 6-1.10 HAZARDOUS AREAS .............................................................................................. 82 6-1.11 EMERGENCIES ......................................................................................................... 82 6-1.12 SUBMITTALS............................................................................................................ 82 6-1.13 IMPLEMENTATION ................................................................................................. 82 6-1.14 PAYMENT ................................................................................................................. 83 SECTION 7 (BLANK) ................................................................................................................. 83 SECTION 8 MATERIALS ......................................................................................................... 83 8-1.01 GENERAL .................................................................................................................. 83 8-1.02 RELATIVE COMPACTION/MATERIAL TESTING .............................................. 83 8-1.03 SUBSTITUTIONS ...................................................................................................... 83 SECTION 9 DESCRIPTION OF PROJECT ............................................................................ 84 SECTION 10 CONSTRUCTION DETAILS ............................................................................ 84 10-1.01 ORDER OF WORK .................................................................................................... 84 10-1.02 RECORD DRAWING ................................................................................................ 85 10-1.03 INSPECTION AND CONTROL OF WORK ............................................................. 85 10-1.04 FINAL INSPECTION AND CLEANUP .................................................................... 85 10-1.05 WORKMANSHIP ...................................................................................................... 85 10-1.06 CONSTRUCTION SCHEDULE ................................................................................ 85 10-1.07 SCHEDULE OF VALUES ......................................................................................... 85 10-1.08 UTILITY DETERMINATION ................................................................................... 86 10-1.09 COORDINATION AND COOPERATION WITH UTILITY COMPANIES AND OTHER CONTRACTORS ........................................................................................ 87 10-1.10 UNDERGROUND OBSTRUCTIONS ....................................................................... 87 10-1.11 EXAMINATION OF SITE ......................................................................................... 87 10-1.12 DEWATERING .......................................................................................................... 87 10-1.13 WATERING ............................................................................................................... 88 10-1.14 BLANK ....................................................................................................................... 88 10-1.15 MATERIAL TESTING .............................................................................................. 88 10-1.16 PROTECTION OF SITE AND PUBLIC SAFETY ................................................... 88 10-1.17 DUST CONTROL ...................................................................................................... 88 10-1.18 BLANK ....................................................................................................................... 88 10-1.19 EXISTING FACILITIES ............................................................................................ 88 10-1.20 TRAFFIC CONTROL ................................................................................................ 89 10-1.21 CHANGES IN WORK ............................................................................................... 91 10-1.22 PRESERVATION OF PROPERTY ........................................................................... 91 10-1.23 MOBILIZATION ........................................................................................................ 91 10-1.24 CLEAN UP ................................................................................................................. 91 SECTION 11 ENVIRONMENTAL STEWARDSHIP ............................................................. 92 SECTION 11-1 GENERAL ........................................................................................................ 92 SECTION 11-2 ENVIRONMENTAL/ POLLUTION PREVENTION REQUIREMENTS 92 SECTION 11-3 REMOVAL AND DISPOSAL/SALVAGE OF EXISTING FACILITIES . 98 11-3.01 GENERAL .................................................................................................................. 98 11-3.02 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES ........................ 98 SECTION 12 ITEMS OF CONSTRUCTION .......................................................................... 99 SECTION 12-1 EARTHWORK ................................................................................................. 99 12-1.01 GENERAL .................................................................................................................. 99 12-1.02 HAULING .................................................................................................................. 99 12-1.03 UNSUITABLE MATERIAL ...................................................................................... 99 12-1.04 GRADE TOLERANCE .............................................................................................. 99 12-1.05 FINISHING ROADWAY ......................................................................................... 100 12-1.06 PAYMENT ............................................................................................................... 100 SECTION 12-2 ROADWAY PAVING .................................................................................... 100 SECTION 12-3 ASPHALT CONCRETE ................................................................................ 100 12-3.01 GENERAL ................................................................................................................ 100 12-3.02 AGGREGATE BASE ............................................................................................... 101 12-3.03 PRIME COAT........................................................................................................... 102 12-3.04 PAINT BINDER ....................................................................................................... 102 12-3.05 SAWCUT PAVEMENT ........................................................................................... 102 12-3.06 CONCRETE PAVEMENT ....................................................................................... 102 12-3.07 TACK COAT ............................................................................................................ 102 12-3.08 ASPHALTIC EMULSION ....................................................................................... 102 12-3.09 PAYMENT ............................................................................................................... 103 SECTION 12-4 PAVEMENT DIGOUT & REPAIR.............................................................. 103 12-4.01 GENERAL ............................................................................................................... 103 12-4.02 PAYMENT ............................................................................................................... 105 SECTION 12-5 BLANK ............................................................................................................ 105 SECTION 12-6 MISCELLANEOUS CONCRETE FACILITIES ....................................... 105 12-6.01 GENERAL ................................................................................................................ 105 12-6.02 SAWCUTTING ........................................................................................................ 106 SECTION 12-7 RECONSTRUCTION OF ASPHALT CONCRETE PAVEMENTS BY FULL-DEPTH REHABILITATION (FDR) (PORTLAND CEMENT) ............................... 106 12-7.01 GENERAL ................................................................................................................ 106 12-7.02 CEMENT APPLICATION RATE ............................................................................ 107 12-7.03 CONTRACTOR’S QUALIFICATIONS .................................................................. 107 12-7.04 PROTECTION OF EXISTING UTILITIES ............................................................ 107 12-7.05 EQUIPMENT............................................................................................................ 107 12-7.06 PREPARATION OF EXISTING PAVEMENT ....................................................... 108 12-7.07 PORTLAND CEMENT APPLICATION ................................................................. 108 12-7.08 MIXING AND HYDRATING ................................................................................. 109 12-7.09 CONSTRUCTION JOINTS...................................................................................... 109 12-7.10 COMPACTION ........................................................................................................ 109 12-7.11 FINAL GRADING ................................................................................................... 110 12-7.12 TRAFFIC LOADING ............................................................................................... 110 12-7.13 CURING ................................................................................................................... 110 12-7.14 REPAIR .................................................................................................................... 111 12-7.15 MEASUREMENT AND PAYMENT ...................................................................... 111 SECTION 12-8 TREE ROOT DIGOUT AND TRIMMING ................................................. 111 12-8.01 PAYMENT ............................................................................................................... 112 SECTION 12-9 TREE ROOT DIGOUT AND REPAIR ....................................................... 112 12-9.01 GENERAL ................................................................................................................ 112 12-9.02 PAYMENT .............................................................................................................. 113 SECTION 12-10 CRACK TREATMENT ............................................................................... 113 SECTION 13 SIGNAGE, RAISED PAVEMENT MARKERS, PAVEMENT MARKINGS, AND PAVEMENT STRIPING ................................................................................................. 113 SECTION 13-1 SIGNAGE ........................................................................................................ 113 13-1.01 GENERAL ................................................................................................................ 113 13-1.02 TRAFFIC SIGNS ...................................................................................................... 113 SECTION 13-2 RAISED PAVEMENT MARKERS .............................................................. 114 13-2.01 GENERAL ................................................................................................................ 114 13-2.02 PAYMENT ............................................................................................................... 114 SECTION 13-3 THERMOPLASTIC PAVEMENT STRIPING AND PAVEMENT MARKINGS ............................................................................................................................... 115 13-3.01 GENERAL ................................................................................................................ 115 13-3.08 WARRANTY............................................................................................................ 118 13-3.09 THERMOPLASTIC AND/OR PAINT REMOVALS .............................................. 118 13-3.10 THERMOPLASTIC STRIPING AND PAVEMENT MARKING MATERIAL ..... 118 13-3.11 SHARED LANE MARKING ................................................................................... 124 13-3.12 GREEN THERMOPLASTIC STRIPING ................................................................ 124 13-3.13 PAYMENT ............................................................................................................... 125 SECTION 14 MEASUREMENT AND PAYMENT ............................................................... 125 SECTION 15 FINAL CLEANUP ............................................................................................. 126 PART E: CITY OF SALINAS QUALITY ASSURANCE PROGRAM ...................................................... 127 PART F: EROSION AND SEDIMENT CONTROL ..................................................................................... 129 APPENDIX A: CONSTRUCTION SITE BEST MANAGEMENT PRACTICES AND CONSTRUCTION & DEMOLITION DIVERSION ...................................................................................... 129 PART G: CONSTRUCTION AND DEMOLITION WASTE REDUCTIONAND RECYCLING ....... 135

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LOCATION MAP
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-090, Version: 1
a. Public Employee Appointment - California Government Code Section 54957(b)(1), City Manager.

City of Salinas Printed on 2/16/2024Page 1 of 1
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Salinas City CouncilFebruary 20, 2024

Salinas City Council
February 20, 2024