Agenda Packet — Salinas City Council, March 12, 2024 (part 3 of 3)

Version: November 2022
AGREEMENT —AMENDMENT NO. 1 TO

MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN
CSG CONSULTANTS, INC. AND THE CITY OF SALINAS
This Amendment No. 1 to the Master Service Agreement for Professional Services (the “Amendment”) is entered into this 14th day of November 2023, by and between the City of Salinas (the “City”) and CSG Consultants, Inc. , (the “Consultant” or “CSG”). City and Consultant may be individually referred to herein as a “Party” and collectively the City and Consultant may be referred to as the “Parties.”

RECITALS
WHEREAS, the City and Consultant first entered into a Master Service Agreement for Professional Services effective February 7, 2023, pursuant to which Consultant agreed to provide certain services to the City for compensation (the “Agreement”); and
WHEREAS, the City and Consultant desire to amend the Agreement further clarify the scope of service and define the roles between the City and Consultant; and WHEREAS, the City and Consultant desire to amend the Agreement to stipulate an amount not to exceed $882,042 for the Natividad Creek Park Restroom Rehabilitation, Sherwood Recreation Center – Phase IV, Chinatown Navigation Center Building Improvements and Shower Trailer Installation, and Chinatown Neighborhood Improvements projects, as specified in CSG’s proposals and to clarify the scope of service.

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

TERMS

1. The Agreement, “Section 1. Scope of Service”, is amended to restate in this section the following:

It is understood by the City and Consultant that Consultants performs or secures the performance of design, inspection, project, construction management, labor compliance services, environmental services to comply with the California Environmental Quality Act (CEQA) and/or the National Environmental Policy Act (NEPA) , and related services for the City on an on-going basis for the following Capital Improvement Projects (CIPs):
1) Natividad Creek Park Restroom Rehabilitation
a. Not To Exceed Amount: $200,773
b. Scope of Work
i. Inspection Services
ii. Project Management
iii. Construction Management
iv. Labor Compliance (Davis-Bacon and Prevailing Wages) 2) Sherwood Recreation Center – Phase IV,
a. Not To Exceed Amount: $322,378
b. Scope of Work
i. Design
ii. Inspection Services
DocuSign Envelope ID: 8980389C-AEEF-4F44-8658-4412A1150D44

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Version: November 2022
iii. Project Management
iv. Construction Management
v. Labor Compliance (Davis-Bacon and Prevailing Wages)
vi. CEQA and NEPA Environmental Services
3) Chinatown Navigation Center Building Improvements and Shower Trailer Installation, and a. Not To Exceed Amount: $128,891
b. Scope of Work
I. Design
II. Inspection Services
III. Project Management
IV. Construction Management
V. Labor Compliance (Davis-Bacon and Prevailing Wages)
VI. CEQA Environmental Services
4) Chinatown Neighborhood Improvements projects.
a. Not To Exceed Amount: $230,000
b. Scope of Work
I. Design
II. Inspection Services
III. Project Management
IV. Construction Management
V. Labor Compliance (Davis-Bacon and Prevailing Wages)
VI. CEQA and NEPA Environmental Services
Under this agreement, CSG shall not render any construction work for any of the previously stated projects. CSG will assist the City in the preparation of the project specifications, but the City shall be responsible for releasing the Call for Bids for each of the projects . CSG will also assist in reviewing bid proposals received, but the City will ultimately be responsible for accepting a lowest bid proposal from a qualified General Contractor (GC) through a competitive close d-bid process for each project per the City’s requirements. CSG shall not enter into any construction contracts on behalf of the City for any of the previously stated projects, as that will be the responsibility of the City.

CSG will also assist the City with environmental services for the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) as well as Labor Compliance for all projects. Labor Complian ce will include Davis -Bacon and California Prevailing Wage monitoring and regulations. CSG will follow the City of Salinas Labor Compliance Program approved by City Council on October 27, 2020.

The City shall collect all required documentation through the Call for Bids and will ensure all City, State, and Federal grant requirements are met before entering into a Construction Contract with a qualified General Contractor, and any subcontractors included under the General Contractor.

On each occasion the Consultant performs services for the City, the Consultant shall advise the City in writing of the scope of services to be provided and the cost of, and estimated time to perform services. Consultant shall not proceed to perform any such service until City a nd Consultant have established a project cost, a completion schedule and a time period for performance, and the City has given its written authorization to perform. Written approval for performance and compensation may be granted by the Community Developme nt Director. The DocuSign Envelope ID: 8980389C-AEEF-4F44-8658-4412A1150D44

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Version: November 2022
Community Development Director authorization shall be limited to the maximum not to exceed amount stipulated in this Amendment as outlined in Section 3 and the scope of services outlined in Section 1.

2. The Agreement, “Section 3. Compensation”, is amended to restate in this section the following:

City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation as set forth in Exhibit B an amount not to exceed Eight Hundred and Eighty-Two Thousand and Forty-Two dollars ($882,042.00) and set forth in proposals submitted by CSG for each individual project.

3. The Agreement, “Section 14. Changes to Scope of Work.” , is amended to restate in t his section the following:

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, de termine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes. Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.

Should CSG bring on additional subconsultants not specified in their original Request for Qualifications Proposal for Master Services to perform any design, inspection, project and construction management, labor compliance, and CEQA/NEPA environmental services, these subconsultants shall be competitively procured, insurance certificates provided to the City, and require approval from the Community Development Director before bringing the subconsultant(s) under agreement.

4. 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 Consultant have entered into this Agreement as of the date first written above.

City of Salinas CSG Consultants, Inc.

By: By:

Jim Pia, Interim City Manager Cyrus Kianpour, President APPROVED AS TO FORM:

By:

Christopher A. Callihan, City Attorney
Rhonda Combs, Assistant City Attorney
DocuSign Envelope ID: 8980389C-AEEF-4F44-8658-4412A1150D44

January 11th, 2024
Luis Ochoa, Sr. Community Development Analyst
Community Development Department
City of Salinas
65 W. Alisal Street, 2nd Floor
Salinas, CA 93901
[email protected]

Re: Project Management and Design Consultant Services for the Chinatown Neighborhood Improvement Lighting Project

Per your request, CSG Consultants, Inc. (CSG) is pleased to submit this Proposal to assist the City of Salinas (City) with the project management and design for improvements to address deficient lighting conditions to the Chinatown Neighborhood Improvement Lighting Project.

Cyril Charles, PE, will serve as the Point of Contact to perform the project and construction management services for this Project. Mr. Charles brings over 30 years of facility and engineering management exp erience for large and small projects in municipal government. His contact information is as follows:
3707 W. Garden Grove Boulevard, Suite 100, Orange, CA 92868 (714) 568-1010 phone | (626) 901-6995 cell | [email protected]

For this project, CSG has partnered with MEI Architects (MEI) to provide the lighting study and design services.

Scope of Work
CSG will act as an extension of the City’s staff to manage the Project, communicate with City staff, design consultants, and stakeholders and be responsible for project management and design consultant services as follows:

Project Management and Coordination :
• Project management and coordination including consultant administration and contract management. • Constructability reviews.
• Bid and award support.
• CEQA compliance and documentation.
• Establish NEPA requirements and complete compliance documentation. • Monitor all expenditures and track grant funding.
• Provide construction management and inspection support (a fee for this work is yet to be determined).

Lighting Study and Design :

Based on the Chinatown Revitalization Plan, the Sec ond Review Draft dated December 2019 provided by th e City of Salinas, the 10/31/23 online meeting, and the Exhibit B meeting notes included with the attached MEI proposal, it is our understanding that the CSG and MEI team will provide the following design services and construction during the design, bid/award and construction phases:
• Engineering design services for the study of the existing public right-of-way (ROW) lighting and design improvements (including electrical upgrades) for li ghting improvement in the Chinatown district (as highlighted in “Appendix A” attached)
• Include removal of “brown” poles.
• Utility coordination
• Construction Administration (RFIs and Submittals Review and approval) The complete scope of this work is included in the MEI proposal (Attachment No. 1)

CSG PROPOSAL FOR CITY OF SALINAS

PROJECT MANAGEMENT AND DESIGN CONSULTANT SERVICES FOR

CITY OF SALINAS NEIGHBORHOOD IMPROVEMENT LIGHTING PROJECT

Stakeholder Engagement :

Per City request, services to provide an engagement plan to include the production of materials to con duct public engagement and select a final lighting desig n are included in this scope of work. The MEI team will develop the production materials and assist the City with the presentation of these meetings to the community.

NEPA Compliance and Documentation :

Based on the information provided by the City, the scope of work for the environmental services will i nclude the preparation of a Categorical Exclusion pursuant to 24 CFR Part 58.34(a) and 58.35(b), as set forth by the U.S. Department of Housing and Urban Development an d the California Department of Housing and Community Development. CSG proposes to conduct the following tasks:
• Kickoff, site visit, data collection
• Review of the Project information and develop Project Description • Prepare a Five-Step NEPA Floodplain Review
• Prepare a Biological Resources Study
• Prepare and process a CHRIS Report
• Administrative Draft Categorical Exclusion
• Revisions to Draft Categorical Exclusion based on the City comments. • Final Categorical Exclusion
• Attendance at meetings and hearings as directed by the City (Note that this is an additional cost to the proposal)
Work Breakdown and Proposed Fee
Based on our understanding of the scope of work, CSG will provide all labor, material, and expenses to perform the listed services for Sherwood for a total fee of $250,280.00 with a breakdown as follows. This total does not include construction management and inspection service fees.

SCHEDULE OF FEES FOR CHINATOWN NEIGHBORHOOD IMPROVEMENT LIGHTING PROJECT

DESCRIPTION COST

1. Project management and coordination including design consultant administration and contract management. Constructability reviews. $55,320.00

2. Lighting Study and Design (MEI Architects) $110,380.00

3. Engagement Plan (MEI Architects) $7,470.00

4. Lighting Study and Design Add-Alternate Fee (MEI Architects) $23,310.00

5. NEPA Compliance and Documentation $47,800.00

6. Bid and Award Support $6,000.00
Total $250,280.00
Construction Management and Inspection (based on final design scope of work and construction budget, not included)
TBD
Arborist (if required) TBD

This fee is inclusive of all labor, material, and expenses to perform the work listed above.

Project Schedule
This NEPA Compliance and Documentation proposal is based on a schedule of four (4) months from the dat e of authorization to proceed and assumes a timely pr ovision by the City of any updated project informat ion

CSG PROPOSAL FOR CITY OF SALINAS

PROJECT MANAGEMENT AND DESIGN CONSULTANT SERVICES FOR

CITY OF SALINAS NEIGHBORHOOD IMPROVEMENT LIGHTING PROJECT

including the contact(s) at the Department of Housi ng and Community Development for the coordination o f the details of the NEPA clearance .

The Lighting Study and Design proposal is based on a schedule of four (4) months from the date of authorization to proceed and does not include schedule adjustments for information gathering, development of an arborist report, and impacts due to community engagement.

Assumptions and Exclusions
The following is a list of assumptions and other contractual provisions that will be required by CSG to complete the required work:

1. This scope of work does not include a geotechnical soils report. CSG assumes that if required the project can be completed within the guidelines allowed by the code.

2. See MEI Architects Proposal for exclusions to the Lighting Study and Design scope of work.

3. Main Street has sufficient lighting with upgraded LED lighting poles installed 10 years ago and per the City at the 10/31/23 meeting, these LED poles will not b e modified. This proposal includes an add-alternate cost should the LED poles be non-code compliant and require replacement.

4. This proposal is based on one phase for the scope o f work. Additional costs will be required for multiple stage construction components.

5. The estimate for the NEPA scope of work assumes tha t the analysis will be based on the City provided available documentation and no further technical studies are expected.

6. The schedule for the Lighting Study and Design scop e of work does not include time for information gathering, development of an arborist report, and impacts due to community engagement. As such, the schedule may exceed the time listed above and will require refinement after the concept design is completed.

7. The NEPA scope of work includes a per meeting atten dance cost of $800 to be billed on a time and materials basis as an additional cost to the proposal.

Additional work required beyond the scope of work enumerated in this letter, whether it be due to unforeseen site conditions or Owner requests shall be compensated either on a time and material (T&M) basis or fixed fee as requested by the Client.

We look forward to working with the City of Salinas on this Project. If you have any questions or require additional information, please contact me at the contact information provided below.

Sincerely,

Cyril Charles, PE, Facility Program Director
(626) 901-6995 cell,
[email protected]

Attachments:

1. Attachment No. 1 “MEI Fee Proposal” dated January 9, 2024

2. Appendix A

3. Exhibit B “Meeting Minutes” dated October 31, 2023

4. CSG Staffing Plan and Cost Proposal Spreadsheet

MEI ARCHITECTS 949 GRANT AVENUE SAN FRANCISCO CA 94108 P 415.703.0328 F 415.707.6328 www.meiarchitects.com
06 November 2023
Revised 09 January 2024 to accommodate 2 public hearing presentations

Mr. Peykan Abassi
Vice President, Engineering So Cal
CSG Consultants, Inc
3707 W. Garden Grove Blvd, Ste 100
Orange, CA 92868
[email protected]

Re: City of Salinas
MEI Project # 821.3 Chinatown Lighting Project

Dear Peykan:

We are pleased to present our fees for the City of Salinas Chinatown Lighting Project. This proposal is based on the Chinatown Revitalization Plan, Second Review Draft dated December 2019, provided to the MEI team by the City of Salinas, and the follow up Zoom call on 10/31/23, meeting notes attached as Exhibit B.

The scope of work is intended to address deficient lighting conditions in the proposed study area (See RPM proposal, Exhibit A, for City provided map illustrating streets covered under this proposal). Work includes taking photometric measurements of existing conditions and designing a new lighting plan, including construction documents, and assisting the City with bidding and construction for this project.

As part of the 10/31/23 meeting with the City, it was noted that certain areas of the district had relatively new lighting. Due to the relative newness of this installation, it could be assumed that these areas meet all current illumination requirements; however, we have included as separate add-alternate line item for additional work in these areas should the new lights not be found to be code compliant.

Our fee for the scope listed above, inclusive of all consultant and anticipated reimbursable travel expenses is:
:

RPM Team; Base Scope (Electrical/Civil) $97,000 102,900 RPM Team: Add Alternate $22,200
MEI Architects: $14,490 16,060
TOTAL $133,690 $141,160

Should additional work be required beyond the scope of work enumerated in this letter, whether it be due to unforeseen site conditions or Owner requests, additional work shall be compensated either on a T&M basis or fixed fee as requested by the Client. Architect shall not proceed with additional work unless compensation for said work has been approved in writing by the Client.

Attachment No. 1

Fees for services are itemized below:

Total fee for the project less work on the more recently installed lighting is $110,380 $117,790

The additional fees for work on the more recently installed lighting, should it be found not in compliance with current codes/regulations, adds an additional $23,310 to the fee.

Upon receipt of all existing lighting design provided by the City, the RPM team can have a SD package ready for public presentation/review via remote (Zoom presentation) within 5 weeks. We anticipate another 3 weeks to incorporate comments and complete a DD package for City review which would also include a final public presentation. Construction Documents are anticipated to run for 5 weeks after notice to proceed.

RPM and MEI are ready to start services upon written authorization to proceed.

Regards,

Michael Wang
Principal, MEI Architects

Attachments:

Exhibit A: RPM Fee Proposal including city provided area of work map Exhibit B: CSG Meeting notes from 10/31/23 Zoom call

WWW.RPM-TEAM.COM
Engineering Services Proposal & Agreement Date: January 9, 2023 Client: MEI Architects Michael Wang Principal 949 Grant Avenue, San Francisco, CA 94108 C: (415) 828-5396 E: [email protected] Project: Chinatown Lighting Study & Design Site Address/Location: Chinatown District Limits – Public ROW Conceptual: Client is requesting engineering design services for study of existing public ROW lighting and design improvements, including electrical upgrades, for lighting improvement in the Chinatown district, highlighted in Appendix A. Portions of Chinatown have lighting that is deficient and “brown” poles will be removed. Although Main Street has sufficient lighting and was upgraded with LED 10 years ago, and RPM has been told that these poles will not be modified, we have provided an add-alt cost in case it is determined they are not code compliant. Scope of Services: Providing electrical engineering services, stamped by a licensed PE in California, in compliance with CBC 2022 / ASCE 7-16, for the items below: 1. Electrical Engineering Services Including: a. Identify areas with dark spots and produce lighting that meets the lighting standards i. Supplemental lighting if necessary b. Photometric plan of entire area including the most recent upgraded area i. Exterior building and site lighting ii. Exterior photometrics showing lighting levels/compliance c. Design of electrical systems stamped and signed for permit, including site distribution where required d. Lighting improvement design e. Back end specifications f. Utility company coordination i. Coordinate construction documents with utility company for power to site 2. Construction Administration Including: a. Answering RFI’s during bidding and construction b. Submittal review and approval 3. Site Visits & Meetings: a. 3 Site visits included, not to exceed 5 total days i. Expenses excluded b. Weekly OAC virtual meetings c. Two community meetings per engagement plan i. Production of presentation materials

EXHIBIT A

RPM FEE PROPOSAL

WWW.RPM-TEAM.COM
Total Fee $102,900 Additional Alternate Fee – if existing newer lights are found to not be code compliant: 1. Electrical Engineering Services Including: a. Design of electrical systems stamped and signed for permit, including site distribution where required b. Lighting improvement design c. Back end specifications d. Utility company coordination i. Coordinate construction documents with utility company for power to site Add-Alt Fee $22,200 Profile: RPM Team is a modular design firm specializing in design and construction program management. We offer turnkey design and construction management services in all of North America. We can help with your real estate, development, architectural, and engineering needs and are veteran owned. We have complete capabilities to help plan, design, build, upgrade, expand, modernize and renovate pre-engineered, pre-fabricated, modular, and shipping container building projects and products. Retainer & Payments: • Contract and Purchase Order must state MEI will pay within 30 days of receipt of payment from client. General Design Assumptions/Exclusions: • No relocation of lights • Expenses excluded from site visits • Traffic engineering, traffic study, environmental reports, and geologic or geotechnical services • Tree survey prepared by ISA Certified Arborist • Architecture, structural, civil engineering, mechanical and plumbing engineering, and landscape design • Title 24 (MEP) energy code compliance • Title 24 building envelope energy code compliance • Fire sprinkler and fire alarm design – listed as contractor design by general contractor • Interior FFE design • Design of gas and compressed air utilities • Development of presentation materials and printing of permit drawings • Permit fees • Owner or Contractor initiated scope or design changes beyond the 75% Construction Document Phase • Design changes resulting from value engineering or product substitutions during the Construction Administration phase • Costs associated with obtaining necessary permits, inspections and approvals from local, state and federal agencies are not included unless specifically noted above

WWW.RPM-TEAM.COM
• Revision or additional work due to unforeseen changes in local or state requirements, or ordinances effective after the date of preparation of this proposal • Preparation of plans or documents for other than the Authority Having Jurisdiction’s review & approvals Proposal Terms: • The cost includes addressing all the review comments until the architecture and engineering portions of the relevant submittal is approved. • The cost is for electronic delivery of 1 set of stamped design document. • Any changes in the above said scope of services provided under this Contract will be charged at the rate of $200 per hour. • RPM Team will produce drawings and documents exhibiting standard engineering care in compliance with CBC 2022, project drawings, and project specifications. RPM Team does not provide any warranty or guarantee, express or implied, regarding the quality or timeliness of professional services. • The drawings produced by RPM Team show structural members in the final, installed position. RPM Team is not responsible for the means, methods, sequence, procedures, techniques, scheduling of construction activities, job site safety, and liquidated damages. Contract Terms & Conditions MEI Architects (hereafter referred to as “CLIENT”) and RPM Team LLC. (hereafter referred to as “RPM”) acknowledge that the Terms and Conditions below are a part of this Letter Agreement and agree to be bound by its terms and conditions. Standard of Practice, Warranties: The standard of practice for all professional engineering and related services performed or furnished by RPM under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. RPM will produce documents exhibiting standard engineering care to comply with IBC 2018, ASCE 7-10, and local City Ordinances. RPM makes no warranties, express or implied, under this Agreement or otherwise, in connection with RPM’s services. Deliverable: The Fee includes electronic delivery of 1 set of documents only. If the CLIENT requires wet stamp Documents for submission, CLIENT shall notify RPM five (5) days ahead of time, and CLIENT agrees to pay RPM associated cost plus a 20% premium for handling. i.e. (printing cost + shipping cost) x 20% handling fee. Our 24x36 size prints are charged at $4.75/sheet which is similar to FedEx rates. Our 11x17 size prints are charged at $2/sheet. Deviation from Scope: Any changes in the above Scope of Services provided under this Contract will be treated as a change order. In this event, RPM will notify the CLIENT and only begin working on the change order after getting written approval from the CLIENT on the change order fee.

WWW.RPM-TEAM.COM
Ownership of Documents: CLIENT warrants that all documents, including, but not limited to drawings, sketches, studies, analysis, Information, schedules, estimates, reports and other items provided to RPM, or previously prepared or furnished by other consultants or RPM, are owned and the property of the CLIENT, or that CLIENT is properly licensed to use and share such documents with others performing services for the Project and that the use of the files shall be without liability or legal exposure to RPM. Indemnification: RPM agrees, to the fullest extent permitted by law, to indemnify and hold the CLIENT harmless from any Damage, liability or cost (including reasonable attorney’s fees) arising from a third-party claim, but only to the extent caused by RPM’s negligent acts, errors or omissions in the performance of professional services under this Agreement and those of its sub consultants or anyone for whom RPM is legally liable. CLIENT agrees that RPM’s obligation to indemnify CLIENT does not include a duty to defend CLIENT from a professional liability claim. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold RPM harmless from any damage, liability or cost (including reasonable attorney’s fees) arising from a third-party claim, but only to the extent caused by the CLIENT’S negligent acts, errors or omissions and those of its contractors, subcontractors or consultants or anyone for whom the CLIENT is legally liable, and arising from the project that is the subject of this Agreement. Third Party Entities Construction Support Services Indemnification: The CLIENT agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless RPM And its officers, employees and consultants, from any loss, claim or cost (including reasonable attorneys’ fees) arising or resulting from the performance of construction support services by other persons or third party entities and from any and all claims arising from modifications, clarifications, interpretations, adjustments or changes made to the Contract Documents to reflect changed field or other conditions, except for claims directly resulting from a negligent act, error or omission of RPM. RPM is not responsible for the means, methods, sequence, procedures, techniques, scheduling of construction activities, job site safety, and liquidated damages. Cancellation of Contract: Site visit fee of $600/visit + travel expenses shall NOT be refunded. Cancellation of contract by the Client within 2 days of contract execution will require a forfeit payment to RPM of $500 for loss of time. This payment shall become delinquent within 15 days of cancellation. Accounts unpaid 15 calendar days after the invoice date are subject to a 1.5% service charge (19.6% annual rate). In the event any portion of an account remains unpaid 30 calendar days after the invoice date, CLIENT shall pay all costs of collection, including reasonable attorney fees. Limitation of Liability: To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the Total liability, in the aggregate, of RPM and its officers, directors, members, partners, agents, employees, and Consultants, to Client and anyone claiming by, through, or under Client for any and all claims, losses, costs, or damages whatsoever arising out of, or in any way related to the Project or

WWW.RPM-TEAM.COM
the Agreement from any cause or causes (including RPM’s indemnity obligations hereunder) shall not exceed the total compensation received by RPM under this Agreement. To the fullest extent permitted by law, RPM and its officers, directors, members, partners, agents, Consultants, and employees shall not be liable to Client or anyone claiming by, through, or under Client for any special, incidental, indirect, or consequential damages. Entire Agreement: This Agreement together with the Exhibits and Schedules identified above constitute the entire agreement between CLIENT and RPM and supersede all prior written or oral understandings. This Agreement and said Exhibits and Schedules may only be amended, supplemented, modified, or canceled by a duly executed written instrument. Dispute Resolution: Any claims, disputes or controversies between the parties arising out of or relating to the Agreement, or breach thereof, which has not been resolved in accordance with the procedures set forth in the Agreement, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the AAA then in effect, unless the parties mutually agree otherwise in writing by amendment to this Agreement. The parties agree that any arbitrator selected shall have demonstrated prior experience in, and knowledge of, standards and practices applicable to design professionals. The award of the arbitrator(s) shall be final and binding upon the parties without the right of appeal to the courts. Judgment may be entered upon it in accordance with the applicable law by any court having jurisdiction thereof. Interpretation: This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, Monterey County and the Federal District Court of Northern California. In the event that any portion or all of this Agreement is held to be void or unenforceable, the remaining portions of the Agreement shall not be affected thereby and shall remain in full force and effect. The parties agree to negotiate in good faith to reach an equitable agreement which shall affect the intent of the parties as set forth in this Agreement. We thank you for this opportunity to quote on this project and our team looks forward to working with you. David Renard, President [email protected] (408) 439-3283 RPM Team LLC 295 Main St, Ste 210 Salinas, CA 93901

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Please sign below and return if you agree with our Proposal. Your signature below will create a binding contract that incorporates this Proposal and the attached Contract Terms and Conditions. Any modifications you make to this Proposal or the Contract Terms and Conditions will be null and void and of no legal effect unless initialed by RPM Team within five (5) days of receipt from Client. ______________________________ ______________________________ MEI Architects Date ______________________________ ______________________________ RPM Team LLC Date ---------------------------------------- End Contract Terms & Conditions ---------------------------------------- Appendix A

Meeting Minutes

Project: City of Salinas – Chinatown Improvement Project Date: October 31st, 2023
Attendees: (Online Zoom)
City of Salinas (CITY): Luis Ochoa (LO), Hilda Peralta (HP), Francisco Brambila (FB), Adriana Robles (AR)
CSG Consultants (CSG): Gelareh Jokar (GJ), Glenn Lajoie (GL) MEI Architects (MEI): Michael Wang (MW)
RPM: Omid Ardebili (OA),David Renard (DR), Matthew Fabros (MF), LA Banal (LB)
Subject: Chinatown Improvement Scope

Discussion Items: Following are the minutes of the meeting with City of Salinas Public Works for the Chinatown Improvement Project. Action items from this meeting have been identified with due dates when necessary. Please review and notify Gelareh ([email protected]) of any errors or omissions in these minutes by November 13th, 2023.

Items Action Items Assigned
to
Scope of work for Lighting Design:
• The project involves the removal of
all outdated “brown” poles within
various sections of Chinatown.
• Installation of new lighting that meets
lighting standards to address all
areas with insufficient illumination.
• Engineer to develop a
comprehensive Photometric Plan of
the entire area, including the most
recent upgraded area.
• Main street lighting is excluded from
the scope of work. The lighting was
upgraded with LED 10 years ago.

These poles will not need to be
modified.
• Lights will not be relocated; instead,
a comprehensive review of street
lighting and pedestrian lighting within
the public right of way will be
conducted. If needed, additional
lighting will be installed.
• City to provide previous
plans for upgraded areas.
• City to provide height, model
number and pole luminaire
information.
• City to provide PGE contact
information.
• City to provide elevations. No
topographic maps but may
be able to provide LIDAR.

City

EXHIBIT B
10/31/23 ZOOM CALL MEETING

MINUTES

CEQA/NEPA Scope of Work:
• The National Environmental Policy
Act (NEPA) applies specifically to the
proposed improvements within the
public right of way.
• The city has provided
comprehensive responses to all
inquiries from CSG, as detailed in
the attached documentation.
• The California Environmental Quality
Act (CEQA) exemption is applicable
based on the project's limited scope,
which solely involves improvement
activities.

RPM to provide scope of work to
CSG for NEPA Documentation.

RPM

ROLE STAFF
Principal Engineer Peykan Abbassi 30 $250.00 $7,500.00
Sr. Project Manager Cyril Charles 132 $235.00 $31,020.00 Asst. Project Manager Gelareh Jokar 120 $140.00 $16,800.00 Baseline Scope of Work - MEI (Design Consultants) Se e Proposal $117,850.00 Add Alternate - MEI (Design Consultants) See Proposa l $23,310.00 Sr. Project Manager Cyril Charles 16 $235.00 $3,760.00
Asst. Project Manager Gelareh Jokar 16 $140.00 $2,240.00 TBD TBD 0 $0.00 $0.00
TBD TBD 0 $0.00 $0.00
TBD TBD 0 $0.00 $0.00
TBD TBD 0 $0.00 $0.00
Principal Environmental Planner Glenn Lajoie 89 $200.0 0 $17,800.00 Senior Planner Lance Lowe 200 $150.00 $30,000.00
$250,280.00

TOTAL COST
$0.00
TBD
CSG Staffing Plan and Cost Proposal for Project Management and Design Services Chinatown Neighborhood Improvement Project
TOTAL
HOURS
HOURLY
RATE
2023
TASK 5.0: POST CONSTRUCTION
TASK 7.0: OTHER SUB-CONSULTANTS
TASK 1.0: PROJECT MANAGEMENT AND COORDINATION
TASK 4.0: CONSTRUCTION

TOTAL COST
TASK 6.0: NEPA

SUB-TOTAL
TASK 2.0: DESIGN (SUBCONSULTANTS)
TASK 3.0: BID and AWARD
SUB-TOTAL $0.00
$0.00
TASK 8.0: Additional Services TOTAL COST
NEPA Attendance to Meetings ($800/meeting) - TBD
TOTAL COST $250,280.00

I:\ComDev\Housing\Library\Action Plan\2020-2021\CDBG\CIP & Public Facilites\Sherwood Rec Center Phase 4\CSG\02 - Amendments to Proposal\Amendment # 4-5\Contract Change Order # 4-5.docx

CITY OF SALINAS

COMMUNITY DEVELOPMENT DEPARTMENT

HOUSING AND COMMUNITY DEVELOPMENT DIVISOIN
SHERWOOD RECREATION CENTER – PHASE IV
CONTRACT CHANGE ORDER NO. 4 & 5
Date: January 22, 2024
Project Name: Sherwood Recreation Center – Phase IV
Project Address: 920 N. Main Street, Salinas, CA 93901
The
following changes to the original proposal executed on July 10, 2023, for the Design, Inspections, Project Management, Construction Management, Labor Compliance, and CEQA/NEPA Environmental Services for Sherwood Recreation Center - Phase IV are hereby incorporated. This proposal was executed in connection t o the Master Services Agreement for Professional Services Between the City of Salinas and CSG Consultants, Inc which was signed on Februa ry 7, 2023. Amendment No. 1 to th e Master Services Agreement for Professional Services Between the City of Salinas and CSG Consultants, Inc. was approved by the City Council of November 14, 2023. The changes are as follows:

1. DESCRIPTION OF CHANGES:

The following tasks are to be added to the contract:

Soar Envir
onmental (Biological Memo) – Additional Service No.4 .......... $ 5,756.50 M3 Environmental (Hazmat Report) – Additional Service No.5 .............. $ 11,450.00 T
OTAL AMOUNT PER THIS CHANGE ORDER: ........................................ $ 17,206.50

2. CHANGE IN CONTRACT:

Original contract amo
unt was ...................................................................... $ 236,929.00 Net Changes by Previous C.O’s .................................................................. $ 66, 456.00 Contract Sum Prior to this C.O. .................................................................... $ 303,385.00 Contract Change Sum by this C.O. .............................................................. $ 17,206.50

TOTAL NEW CONTR
ACT AMOUNT .......................................................... $ 320,591.50 DocuSign Envelope ID: 12A34140-DF75-4EF3-ACB2-EA215A285454 I:\ComDev\Housing\Library\Action Plan\2020-2021\CDBG\CIP & Public Facilites\Sherwood Rec Center Phase 4\CSG\02 - Amendments to Proposal\Amendment # 4-5\Contract Change Order # 4-5.docx ______________________________________________________________________ Sr. Community Development Analyst (Or Designee) Date

______________________________________________________________________ Community Development Director (Or Designee) Date

______________________________________________________________________ Peykan Abbassi, PE (CSG Consultants Inc.) Date

cc: Rod Powel, Assistant Director
Francisco Brambila, Acting Planning Manager
Cyril Charles, P.E., Fac ility Program Director
Gelareh Jokar, Assistant Project Manager

Finance C.O. Done: ________

DocuSign Envelope ID: 12A34140-DF75-4EF3-ACB2-EA215A285454 1/22/2024 | 1:39 PM PST
1/22/2024 | 3:35 PM PST
1/22/2024 | 5:43 PM PST

TOTAL COST
ROLE STAFF WK 1 WK 2 WK 3 WK 4 WK 5 WK 6 WK 7 WK 8 WK 9 WK 10 WK 11 WK 12 WK 13 WK 14 WK 15 Principal Engineer Peykan Abbassi 2.0 2.0 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1 .5 1.5 1.5 2.0 2.0 25 $250.00 $6,125.00 S r . P r o j e c t M a n a g e r C y r i l C h a r l e s 888888888888888 1 2 0 $235.00 $28,200.00 Sr. Engineers (Constructability Review) TBD 00000000000 1 6 1 6 00 3 2 $235.00 $7,520.00 A s s t . P r o j e c t M a n a g e r B r o n w y n C a l l e r o 222222222222222 3 0 $140.00 $4,200.00 ROLE STAFF WK 16 WK 16 WK 16 WK 16
P r i n c i p a l E n g i n e e r P e y k a n A b b a s s i 0000 0 $250.00 $0.00 S r . P r o j e c t M a n a g e r C y r i l C h a r l e s 4444 16 $235.00 $3,760.00 A s s t . P r o j e c t M a n a g e r B r o n w y n C a l l e r o 4444 16 $140.00 $2,240.00

ROLE STAFF MTH MTH MTH MTH MTH MTH MTH MTH MTH MTH MTH MTH MTH MTH MTH P r i n c i p a l E n g i n e e r T B D 000000000000000 0 $250.00 $0.00 S r . P r o j e c t M a n a g e r T B D 000000000000000 0 $235.00 $0.00 C o n s t r u c t i o n M a n a g e r ( A s s o c i a t e E n g i n e e r ) T B D 000000000000000 0 $ 1 8 5.00 $0.00 C o n s t r u c t i o n I n s p e c t o r T B D 000000000000000 0 $165.00 $0.00 A s s t . P r o j e c t M a n a g e r T B D 000000000000000 0 $140.00 $0.00 C o n s t r u c t i o n M a n a g e r T B D 000000000000000 0 $185.00 $0.00 D o c u m e n t C o n t r o l T B D 000000000000000 0 $140.00 $0.00 P r i n c i p a l E n v i r o n m e n t a l P l a n n e r G l e n n L a j o i e 555588888855555 9 3 $ 2 0 0.00 $18,600.00 Senior Planner Lance Lowe 10 10 15 15 15 15 15 15 15 15 15 15 10 10 10 200 $150.0 0 $30,000.00 Reimbursables 10 10 15 15 15 15 15 15 15 15 15 15 10 10 10 200 $150.00 $120.00 0000000000 3 5 3 5 2 5 2 5 2 5 1 4 5 $100,765.00
CSG Markup on Add Service No. 3 $1,650.00
Soar Environmental (Bio Memo) ‐ Additonal Service No. 4 M3 Environmental (Hazmat Report) ‐ Additional Service No. 5 $5,756.50
$11,450.00
$16,240.00
MEI (Design Consultants)  Misc Scope Changes_Add Service No. 2 $26,442.00 TASK 3.0: CONSTRUCTION
TOTAL COST
TASK 5.0: NEPA and CEQA
SUB‐TOTAL
Staffing Plan and Cost Proposal for Design and Project Management Services for the Sherwood Recreation Center Project - Phace IV
TOTAL
HOURS
HOURLY
RATE
2023
HOURLY
RATE
2024
2023
TASK 1.0: DESIGN PHASE
TASK 2.0: BID and AWARD
SUB‐TOTAL $136,164.00
MEI (Design Consultants) $136,164.00
TASK 7.0:  Additional Services TOTAL COST
MEI (Design Consultants) CAD Backgrounds_Add Service No. 1 (includes $146.30 travel fee) TASK 4.0: POST CONSTRUCTION
TASK 6.0:  Sub‐Consultant Cost
TOTAL COST $320,591.50
Notes:

1. Overtime will be billied in accordance with our Master Agreement Fee Schedule.

2. Construction and Post‐Construction Phase costs and staffing are not included and will be based on the estimated construction costs from the developed design.

MEI (Design Consultants) Sherwood Recreation Center Exterior Skin Redesign_Add Service No. 3 $16,838.00 CSG Markup on Add Service No. 1 $1,320.00
CSG Markup on Add Service No. 2 $3,966.00
DocuSign Envelope ID: 12A34140-DF75-4EF3-ACB2-EA215A285454

Proposal:

Revised: Biological Resources Technical Memo
Sherwood Recreation Center
920 N. Main Street,
Salinas, CA 93906
APN: 003-231-002-000
Proposal For:

Gelareh Jokar
Assistant Project Manager
CSG Consultants, Inc.
550 Pilgrim Drive, Foster City, CA 94404
[email protected]
650.522.2500 main
657.229.2883 Cell

Prepared by:

Serving California with Expertise, Dedication, and Drive DocuSign Envelope ID: 12A34140-DF75-4EF3-ACB2-EA215A285454 Statewide in Sacramento, Bakersfield, and
Corporate Headquarters at: 1322 E. Shaw Avenue
#400, Fresno, California 93710
A Certified DVBE Corporation Soar Environmental Consulting

Letter of Introduction and Commitment

10.16.23 Gelareh Jokar
Assistant Project Manager
CSG Consultants, Inc.
550 Pilgrim Drive, Foster City, CA 94404

RE: Revised Proposal - Biological Resources Technical Memo

Hello Gelareh,

We genuinely appreciate being awarded this project for the City of Salinas. I have received the City request for a revised RFP for the biological resources technical memo for the Sherwood Recreational Center project in Salinas.

On the following pages, I provide the revised Scope and Project Budget. We are committed to partnering with you and the City throughout the process.

I, our team of scientists, and the rest of the Soar Environmental Team look forward to collaborating with you to ensure the highest quality of work. When you approve our proposal, you can sign the agreement, and we can get started immediately. If you have any questions, please call me any time. Thank you!

Most Sincerely,

Jon K Sarquis
Sr. Marketing Manager
Soar Environmental Consulting, Inc.

O 916-936-8287 Extension 1 / M-559-760-3758
DocuSign Envelope ID: 12A34140-DF75-4EF3-ACB2-EA215A285454 Statewide in Sacramento, Bakersfield, and
Corporate Headquarters at: 1322 E. Shaw Avenue
#400, Fresno, California 93710
A Certified DVBE Corporation Soar Environmental Consulting

Project Description
The City of Salinas (Client) seeks to remodel the Sherwood Park Recreation Center. This action using federal funds has triggered a requested biological resources technical memo of the construction site per NEPA. Soar Environmental Consulting, Inc. (Soar) will provide the technical memo satisfying NEPA compliance surveying for federally listed species and providing and memo and any suggested mitigation measures. The project site is approximately 1 acre surround ing the construction site within APN 003-231-002-000 with the street address of 920 N. Main Street, Salinas, CA 93609.

Key Issues
There are a lot of old-growth
Eucalyptus trees surrounding the
construction s ite with the
potential for nesting birds.

Scope of Work:

Task 1.1 Biological Resources
Desktop Review
Soar Environmental will review
background materials focused on
relevant information related to
sensitive habitats, special status
plants and animals, and other
unique biotic resources known to
occur within the Project area. The review will include, in this case, a review of the USFWS IPaC system, CNDDB, California Native Plant Society's Inventory of Rare and Endangered Plants of California, relevant technical reports of flora and fauna within the Project vicinity and any appropriate planning documents.

Task 1.2 – Onsite Survey
A Soar Environmental biologist will conduct an onsite visit to survey biological Resources. Survey within the Site's boundary to determine potential habitat for federally listed special status species. This work will be performed at a level of effort sufficient to identify the existing biological resources on the Site , and habitats suitable for special status species. The survey will be conducted per USFWS and California regulations and standard industry practices.

Task 1.3 - Biological Resources Technical Memo and Peer Review The Soar Environmental biologist will prepare a memo characterizing biological resources within the subject property site and evaluating potential project-related impacts on said resources. The memo will identify potential biotic habitats and a summary of findings, potential project-related impacts on sensitive biological resources that could be considered significant under NEPA, and recommendations for Mitigation Measures for future potential species protection.

DocuSign Envelope ID: 12A34140-DF75-4EF3-ACB2-EA215A285454 Statewide in Sacramento, Bakersfield, and
Corporate Headquarters at: 1322 E. Shaw Avenue
#400, Fresno, California 93710
A Certified DVBE Corporation Soar Environmental Consulting

Key Assumptions

1. The Client will approve entry to the Project site to conduct work promptly.

2. Consultation outside of the Memo is outside the scope of this contract.

3. Additional consultation and/or permits are not considered in this scope.

4. Any additional consultation will be considered time and material at the staff rate per Attachment B.

5. The Client is responsible for permitting and/or governmental filing fees.

6. Any meetings needed with agencies will be attended as T&M according to the rate sheet in Attachment B.

7. This proposal assumes only the 'survey area' outlined in the figure above will be studied and reported.

8. The Biological Memo will require at least one site visit.

9. A Wetland Delineation or any subsequent permit applications are outside the scope of this proposal.

Schedule
Soar Environmental will schedule this project promptly. The memo will be delivered 15 business days after the site visit.

Project Compensation
The Client agrees to compensate Soar Environmental as described below:
• The Client authorizes Soar Environmental to proceed with the Scope of Work on a not to exceed project budget of $5,756.50. (Attachment A and B). Paid within 30 days of receipt of the invoice.

Invoices
Invoices will be submitted monthly for all hours, or a portion worked. All invoices are due and payable within 30 days following receipt. A late fee of 5% per annum may be charged for any amounts due and unpaid.

Termination
Either party may cancel this agreement with a 30-day written notice to the other party. Any compensation earned but unpaid and/ or outstanding amounts shall continue as an obligation of Client to Soar following the termination of this agreement.

Arbitration Clause
Both parties shall first attempt to settle claims and disputes under or relating to this agreement through a third-party arbitrator in the State of California mutually agreeable to both parties.

Fees and Litigation
Should Soar Environmental be required to participate in litigation on behalf of Client, Client shall pay Soar Environmental based upon the hourly rates outlined in the Staffing Rate Plan (Attachment B) of this Agreement.

Approval
By executing this contract, the signing party represents that they have the authority to enter into this agreement for the Project on behalf of the Client and agree to the terms of this Services Agreement, including the scope of work and the compensation above.

City of Salinas
C/O Gelareh Jokar
Assistant Project Manager
CSG Consultants, Inc.
550 Pilgrim Drive, Foster City, CA 94404
By: Date:

Name: Title:

Soar Environmental Consulting, Inc.

Corporate Headquarters:
1322 E. Shaw Avenue, Fresno, CA 93710
C/O Michael J. Murphy, Principal/CEO
By:

Name: Michael J. Murphy

Date: 10.16.23
Title: Principal/CEO
DocuSign Envelope ID: 12A34140-DF75-4EF3-ACB2-EA215A285454 Statewide in Sacramento, Bakersfield, and
Corporate Headquarters at: 1322 E. Shaw
Avenue #400, Fresno, California 93710

A Certified DVBE Corporation Soar Environmental Consulting

Attachment A - Project Budget

Project Budget

1.1 to 1.3 Biological Resources Technical Memo $5,756.50

Attachment B - Staffing Rates

Position/Role Hourly Rate
Principal
Principal/ CEO $225
Project Management/Team Lead
Program Manager-QA/QC $185
Project Manager - Coordination $180
Technical Experts
Senior Geologist $180
Professional Engineer $180
Senior Register Professional Archaeologist $165
Environmental Planner $130
Environmental Scientist $120
Certified Wildlife Biologist $145
Cultural Resource Specialist $95.00
Environmental Analyst $90.00

DocuSign Envelope ID: 12A34140-DF75-4EF3-ACB2-EA215A285454 Statewide in Sacramento, Bakersfield, and
Corporate Headquarters at: 1322 E. Shaw
Avenue #400, Fresno, California 93710

A Certified DVBE Corporation Soar Environmental Consulting

Key Team Members For Your Project
Soar Environmental comprises biologists, archaeologists, geologists, environmental scientists, cultural resources specialists, environmental consultants, project managers, program managers, and planners in Fresno and from multiple California regions. Therefore, we understand the prev alent issues surrounding environmental resources within the local and regional areas and have direct experience with the requirements statewide. In addition, our team has longstanding regional agency relationships and can tailor environmental documents and studies that ensure compliance and address each agency's unique concerns.

Michael J. Murphy
Chief Executive Officer/ Lead
Environmental Oversight
Program Manager
Michael is the Principal/CEO of Soar Environmental with over 18 years of firsthand exper ience providing leadership , environmental management , program management , license negotiation and permitting negotiations and implementation, and practical consulting support for clients across California.

Travis Albert
Senior Wildlife Biologist
Travis has 15 years of experience conducting biological surveys and monitoring for different public and private agencies. He is well versed in wetland delineation studies, CEQA/NEPA Plant and Animal Biological Resources Assessments, Botanical studies, and collecting and analyzing data using ArcGIS, AGOL, Avenza, Survey 123, and Collector apps. He is also experienced with survey techniques and pro tocols for special -status species of plants, mammals, raptors, other nesting birds, amphibians, fish, and their associated habitats.

Danielle Aparicio
Staff Biologist
Danielle specializes in animal behavior, biological monitoring, wildlife species surveys, habitat assessments, wetland delineations, biological resources assessments, and jurisdictional delineations, with over five years of experience in the field. She is a USFWS-approved General Biological Monitor for San Joaquin Kit Fox, California Tiger Salamander, and Tipton Kangaroo Rat.

In addition, she is a CDFW -approved General Biological Monitor for Swainson's Hawk and San Joaquin Kit Fox, all within Construction Package 2-3 of the California High-Speed Rail Project.

Casey Stewman
Sr Ecologist
With over 20 years of experience, Casey is the Soar Environmental Waters leader. His robust work includes wetland delineations on public and private lands, Federal and State permitting leadership, CEQA/NEPA ecology, botany, and wildlife biology. He manages projects, including biological risk assessment, federal and state property acquisition coordination, and restoration ecology.

DocuSign Envelope ID: 12A34140-DF75-4EF3-ACB2-EA215A285454 Statewide in Sacramento, Bakersfield, and
Corporate Headquarters at: 1322 E. Shaw
Avenue #400, Fresno, California 93710

A Certified DVBE Corporation Soar Environmental Consulting

Jon Sarquis
Sr. Marketing Manager
With several years of insightful leadership, Jon has a senior role with our environmental team. His experience includes project coordination with clients, public agency planning leaders, and state and federal agency leaders.

Jon provides genuineness, exper tise, dedication, and drive for the prompt delivery of services for our partners. Jon began his career as a broadcaster and transitioned to corporate marketing to assist firms in reaching their full potential. His entry into the environmental community has been met with a true appreciation for his people -first orientation, winning track record, positive attitude, and environmental savvy.

Joe Bashore
Environmental Planner
With over six years of environmental planning, consulting, and project management, Joe guides projects through the CEQA process from beginning to completion. He currently coordinates and writes environmental impact sections for Soar Environmental projects. He is also involved with projects requiring NEPA experience, l ocal, regional, state, and federal permitting, traffic trip and VMT analysis, and client relations.

DocuSign Envelope ID: 12A34140-DF75-4EF3-ACB2-EA215A285454

9821 Blue Larkspur Lane, Suite 100, Monterey, CA 93940 P: 831-649-4623 www.M3environmental.com September 27, 2023

City of Salinas
C/o Gelareh Jokar [email protected]
Assistant Project Manager
CSG Consultants
550 Pilgrim Drive
Foster City, CA 94404
650.522.2500 (t)

Subject: Proposal for a Hazardous Materials Inspection Services for the Sherwood Recreation Center Located at 920 N. Main Street in Salinas, California.

Proposal Number: 233668

Dear Ms. Jokar:

M3 Environmental LLC (M3) is pleased to present this proposal to provide a hazardous materials inspection (primarily asbestos containing material s [ACM] and lead -containing paint [LCP]) prior to Phase 3 renovations of the Sherwood Recreation Center located at 920 North ain Street in Salinas, California. This proposal is based on information provided via telephone and e-mail from you.

Project Understanding

M3 understands that the facility is mostly vacant, and you are requesting a complete inspection including all interior, exterior and roofing materials. All accessible building materials in the building will be sampled.

Plans have been provided. All interior and exterior materials will be inspected, including the roofs.

Scope of Work

This proposal presents the services needed to successfully complete this project based on the above understanding. M3 will provide the following services to successfully complete this project:
• Conduct a walk -through inspection of the building to delineate the scope of work, and to sample suspect ACM and LCP. Sampling will be destructive in nature. M3 will not patch sample locations. • Analyze collected samples in an American Hygiene Association -accredited laboratory using polarized light microscopy (PLM) for asbestos and flame atomic absorption (FAA) for lead .

Samples will be analyzed on a three-day turnaround.
• We will check for other hazardous material such as PCB containing ballasts and mercury containing light tubes and thermostats.
• Prepare and submit a written report for the site at the completion of the project that will include field floor plans showing s ample locations, laboratory documentation for all samples collected, and recommendations as appropriate.

Fees

All services described will be provided for a fee of $11,450.00 based on the following schedule:

Staff/Expense Budget Unit Total
Principal Consultant 4 hours $250/hour $1,000.00
Staff Environmental Consultant
(Includes prep, travel, survey, report writing) 40 hours $125/hour 5,000.00 Clerical 2 hours $85/hour 170.00
Asbestos Bulk (PLM) Samples (3-day turnaround) 150 samples $18/each 2,700.00 Asbestos roof core samples (3-day turnaround) 20 samples $24/each 480.00 Lead Bulk (FAA) Samples (3-day turnaround) 80 samples $20/each 1,600.00 FedEx, copies, supplies, etc. 500.00
Inspection Total Fee $11, 450.00
DocuSign Envelope ID: 12A34140-DF75-4EF3-ACB2-EA215A285454

City of Salinas
Asbestos & Lead Inspection
Sherwood Recreation Center
M3 Proposal 233668

Page 2 ends

• This inspection does not include point counting for asbestos or lead waste profiling. • Some damage to building materials will be caused by sampling activities. • Sample locations will not be repaired.
• Only areas that can be safely entered/accessed will be inspected.

Limitations

Although a reasonable effort will be made to identify suspect materials, this does not guarantee that all possible sources of hazardous materials will be identified as certain building materials may be in accessible or hidden by walls, flooring, partitions, etc. During demolition or renovation operations, building materials may be uncovered that may be suspect. These materials should be sampled and identified before activities resume.

Thank you for the opportunity to submit our proposal to you. If this proposal is acceptable, please sign and return the attached Proposal Acceptance and Terms to our office. We look forward to working with you on this project. If you have any questions, please call me at 831.649.4623.

Sincerely,
M3 Environmental LLC

Chris G. Gatward, CAC, CMC
Principal

CGG/

Attachment – Proposal Acceptance and Terms
DocuSign Envelope ID: 12A34140-DF75-4EF3-ACB2-EA215A285454

City of Salinas
Asbestos & Lead Inspection
Sherwood Recreation Center
M3 Proposal 233668

ACCEPTANCE
The above proposal is acceptable and within the approval authority of the undersigned. This acknowledgment shall have the force and effect of a Notice to Proceed and for M3 to provide the proposed services in accordance with written rates, based on the following terms:

M3 Environmental LLC Terms
An invoice for M 3 Environmental LLC (M3) services will be submitted monthly, or at the completion of the project. Invoices shall be payable within 30 days of the invoice date.

Accounts unpaid 30 days after the invoice date will be subject to interest at an annual rate of ten percent (10%) on the then unpaid balance. In the event any portion or all of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attorney’s fees and court costs. Accounts unpaid over 90 days will be closed and t he balance will be due immediately and before any further work is done.

Client hereby agrees that any claims or disputes arising between M3 and the Client shall be submitted to non-binding mediation before resorting to court action. The Client shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless M3, its officers, directors, employees, and agents from and against all damage, liability, and cost, including attorney’s fees and defense costs, arising out of or in any way connecte d with the performance by any of the parties above named of the services to be performed under this agreement. If, for any dispute or claim to which this paragraph applies, any party commences an action in court without first attempting to resolve the matt er through mediation or refuses to mediate after a request to do so has been made, then that party shall not be entitled to recover attorney’s fees, even if they would otherwise be available to that party in such action.

The Client waives to the fullest extent permitted by law, its rights and agrees to defend, indemnify, and hold harmless M3, its officers, directors, employees, and agents with respect to any and all claims for injury or loss sustained by any party as the result of the exposure to, or from the presence of, any hazardous substance, constituent, or condition at the job site.

The Client agrees that, to the fullest extent permitted by law, M 3’s total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim ex penses arising out of this agreement from any cause or causes whatsoever, shall not exceed M 3’s total fees for this project.

This agreement may be terminated by the Client or M 3 should the other fail to perform its obligation hereunder. In the event of termination, the Client shall pay M3’s for all services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses.

Project-specific documents and data produced by M3 under this Agreement shall, upon receipt of final payment for services hereunder, become the property of Client. Upon delivery of the documents and data to Client, M3 shall have no further obligation to retain the documents and data. Client agrees that any documents or data are not intended or represented by M3 to be suitable for use or reliance beyond the original scope or purposes they were originally prepared for or for anyone except the Client. Any such use is prohibited.

The Client is responsible after notification, for payment of t ime charges and expenses resulting from the required response by M3 to subpoenas issued by any party, in connection with any legal or administrative proceeding in which M3 is not named as a party, relating to work performed under this contract. Charges are based on fee schedules in effect at the time the subpoena is served. Expenses pursuant this paragraph and for which Client is responsible, include, but are not limited to, those set forth above plus those for tra vel, mileage charges, advice of legal counsel, and attorney’s preparation of witnesses.

If at any time either M3 or Client institutes any action or proceeding against the other relating to the provisions of this agreement or any default hereunder, the non -prevailing party in such action or procee ding shall reimburse the prevailing party for the reasonable expenses of attorney fees and all costs and disbursements incurred therein by the prevailing party, including, without limita tion, any such fees, costs or disbursements incurred on any appeal from such action or proceeding. Subject to the provisions of local law, the prevailing party shall recover all such fees, costs or disbursements as costs taxable by the court or mediator in the action or proceeding itself without the necessity for a cross-action by the prevailing party.

With respect to its own activities in performing Services, M3 shall take safety precautions required by federal, state, and local laws, rules, regulations, statutes, or ordinances. Should Client or his contractors be conduct ing activities on the Site(s), M3 shall not, except as expressly provided otherwise, be responsible for site safety and shall have no right to direct or stop the work of Client or its contractors, agents, or employees.

The Client acknowledges and agrees t hat M 3 has neither created, nor contributed to any hazardous or dangerous materials or conditions at the job site.

City of Salinas

Signature Name (Please Print)

Title Date

P.O. Number
DocuSign Envelope ID: 12A34140-DF75-4EF3-ACB2-EA215A285454

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Total Approved by City Council: $ 322,378
1 RESOLUTION NO. 22588 (N.C.S.)

A RESOLUTION APPROVING MASTER SERVICES AGREEMENTS BETWEEN THE CITY OF SALINAS AND CSG CONSTULTANTS, INC. FOR ON-CALL PROJECT

MANAGEMENT AND DESIGN CONSULTANT SERVICES

WHEREAS, the Community Development Department has identified the need to utilize on-call consultants to provide Project Management and Design Consultant Services to assist the department with any building projects, and other services related to design and construct ion of various capital improvement projects; and

WHEREAS, on November 18, 2022, the City of Salinas engaged in a Request for Qualification (RFQ) process to identify firms with the requisite qualification to provide Project Management and Design Consultant Services; and

WHEREAS, on December 19, 2022, the Community Development Department, Housing Division staff received two Statement of Qualifications (SOQ) from consultants; and

WHEREAS, an evaluation committee consisting of Community Development Department staff and Public Works Engineering Division staff reviewed and interviewed each SOQ and selected CSG Consultants, Inc. (CSG) based on the criteria set forth in the Request for Qualifications; and

WHEREAS, CSG has extensive knowledge and experience in p roviding Project Management and Consultant Services to multiple municipalities in California.

NOW, THEREFORE, BE IT RESOLVED , that the Salinas City Council approves the Master Service Agreements between the City of Salinas and CSG Consultants, Inc. to provide Project Management and Design Consultant Services for various capital improvement projects; and

BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and directed, for and on behalf of the City of Salinas, to execute a Master Ser vices Agreement with CSG Consultants, Inc. and initiate and execute any modifications or amendments necessary to support the completion of identified projects; and

BE IT FURTHER RESOLVED, that the Community Development Director or designee is hereby authorized to approve the Consultant's on -going performance of services without the need for subsequent Professional Service Agreements provided the Consultant is, at all times throughout the term thereof, in compliance with the terms and conditions of the Master Service Agreement approved through this Resolution.

DocuSign Envelope ID: 8A9FA7F9-979A-43A0-BB0F-92AE4B159844 2 PASSED AND APPROVED this 7th day of February 2023, by the following vote:

AYES: Councilmembers Barrera, Gonzalez, McShane, Osornio, Rocha, Sandoval and Mayor Craig
NOES: None

ABSENT: None

ABSTAIN: None

APPROVED:

______________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk
DocuSign Envelope ID: 8A9FA7F9-979A-43A0-BB0F-92AE4B159844

1 RESOLUTION NO. 22842 (N.C.S.)

A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE MASTER SERVICE

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

WHEREAS, the Community Development Department identified the need to utilize on - call consultants to provide design, inspection, project management, construction management, labor compliance, and environmental services to assist the department with any building projects, and other services related to design and construction of various Capital Improvement Projects (CIPs); and

WHEREAS, on February 7, 2023, City Council approved a Master Services Agreement between the City of Salinas and CSG Consultants, Inc. through Resolution No. 22588 (N.C.S), to provide design, inspection, project management, construction management, labor compliance, and CEQA/NEPA environmental consultant for several City CIPs; and

WHEREAS, On July 20, 2023, the Community Development Department approved proposals for Natividad Creek Park Restroom Rehabilitation, Sherwood Recreation Center – Phase IV, and Chinatown Navigation Center Building Improvements and Shower Trailer Installation projects and CSG initiated its service provision under the approved Agreement; and

WHEREAS, the funding allocated, including contingency, for Natividad Creek Park Restroom Rehabilitation is $200,773 from Community Deve lopment Block Grant (CDBG) , $322,378 from CDBG for Sherwood Recreation Center – Phase IV, and $128,891 from CIP 9125 for Chinatown Navigation Center Building Improvements and Shower Trailer Installation projects and CSG started to perform services; and

WHEREAS, the Community Development Department has requested a proposal from CSG for the Chinatown Neighborhood Improvements Project under an estimated funding amount of $230,000 in CDBG and CIP 9070 funds and is awaiting receipt of a final proposal as part of the Master Services Agreement; and

WHEREAS, said Master Services Agreement for Professional Services between the City of Salinas and CSG Consultants, Inc. did not include a not to exceed amount, and in consultation with City Attorney and Finance Department, it was recommended to bring forward the proposed Amendment No. 1 to allow for inclusion of a not to exceed amount and to provide additional clarification of the scope of work for each CIP.

NOW, THEREFORE, BE IT RESOLVED , that the Salinas City Council approves Amendment No. 1 to the Master Service Agreement for Professional Services between the City of Salinas and CSG Consultants, Inc. in the amount not to exceed $882,042 to provide design, inspection, project management, construction management, labor compliance and environmental services for various capital improvement projects.

BE IT FURTHER RESOLVED, that the City Manager or designee is hereby authorized and directed, for and on behalf of the City of Salinas, to execute Amendment No. 1 to the Master DocuSign Envelope ID: DF546D19-FDD3-4EF0-BCBC-AF65D2EDAE6C 2 Service Agreement for Professional Services with CSG Consultants, Inc. and initiate and execute any modifications or other amendments necessary to support the completion of identified projects.

BE IT FURTHER RESOLVED, that the Community Development Director or designee is hereby authorized to approve the Consultant's on -going performance of services without the need for subsequent Professional Service Agreements , provided the Consultant is, at all times throughout the term thereof, in compliance with the terms and conditions of th e Master Service Agreement for Professional Services and Amendment No. 1 approved through this Resolution.

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

AYES: Councilmembers Barrera, Gonzalez, McShane, Rocha, Sandoval and Mayor Craig

NOES: None

ABSENT: Councilmember Osornio

ABSTAIN: None

APPROVED:

________________________
Kimbley Craig, Mayor

ATTEST:

___________________________
Patricia M. Barajas, City Clerk
DocuSign Envelope ID: DF546D19-FDD3-4EF0-BCBC-AF65D2EDAE6C

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-128, Version: 1
Annual Public Art Plan Fiscal Year 2025
Approve a Resolution accepting and approving the Fiscal Year 2025 Public Art Plan including the appropriation of $15,000 from the Municipal Art Fund and authorizing the Library and Community Services Director or designee to design and administer the Public Art cultural event grant opportunity.

City of Salinas Printed on 3/8/2024Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: MARCH 12, 2024
DEPARTMENT: LIBRARY & COMMUNITY SERVICES
FROM: KRISTAN LUNDQUIST, LCS DIRECTOR
BY: JOSE ARREOLA, COMMUNITY SAFETY ADMINISTRATOR
TITLE: ANNUAL PUBLIC ART PLAN FISCAL YEAR 2025

RECOMMENDED MOTION:

A motion to approve a Resolution accepting and approving the Fiscal Year 2025 Public Art Plan including the appropriation of $15,000 from the Municipal Art Fun d and authorizing the Library and Community Services Director or designee to design and administer the Public Art cultural event grant opportunity.

EXECUTIVE SUMMARY:

The annual public art plan recommends $10,000 be made available for a Public Art Event Grant program that would support new or existing art centered events with a required match of funds .

The Public Art Commission would like to allocate an additional $5,000 to conduct the biennial cyclical maintenance survey of the municipal art collection as required by “Art in Pub lic Places Policies and Procedures Manual”.

BACKGROUND:

On May 16, 2017, the City Council adopted an Ordinance establishing a Public Art Program. The Ordinance created a Municipal Art Fund which is funded exclusively from contributions made by public construction projects: The Ordinance imposes upon the City the requirement to contribute an amount not to exceed on -half percent (0.5%) of the total project cost of each eligible capital improvement program project to a Municipal Art Fund.

Citing “that the funding currently generated from the Public Art Program is insufficient to meet the goals and the objectives in originally establishing the Public Art Program”, the City Council voted to increase the annual allocation to the municipal art fund at their regular meeting on May 23, 2023. The money for the fund comes from a fee on the value of eligible capital improvement program construction project funded by the General Fund, Measure G and E. The fee is 1% of qualified completed CIPS plus $100,000. The money is deposited into the fund every June at the end of the fiscal year. There is a cap of $50,000 for any one project and a cap of $100,000 for spending in one year. The Current balance is $22,942.46.

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One of the PAC’s primary activities is the preparation of an Annual Public Arts Plan that includes specific activities that promote public art and recommends the release of funds from the Municipal Art Fund to cover the costs of the activities described in the annual plan. Per ordinance, the Public Arts Annual Plan will be submitted to the City Council annually no later than April 1.

At the August 21, 2023, PAC meeting an Annual Plan sub-committee was established. The sub- committee met three times (on Oct. 19, 2023, Jan. 22, 2024 & Feb. 20, 2024) to prepare a draft plan. Consistent with the FY 2024 Annual Public Art Plan, t he sub-committee is recommending continuing the grant program that would support new or existing art centered events with a required match of funds while prioritizing funding for new or expanded events . The sub-committee recommends $10,000 be made available for the grant program . Max awards of $5,000 with no minimum would be available. The grant application period will be six to eight weeks long. The sub-committee would like to al locate an additional $5,000 to conduct the biennial cyclical maintenance survey of the municipal art collection as required by “Art in Public Places Policies and Procedures Manual”. In total the sub-committee recommends that the Public Art Commission request $15,000 for fiscal year 2025.

At their regular meeting on Monday, February 26, 2024, the PAC voted unanimously to “receive the annual public art plan and recommend the Salinas City Council adopt the fiscal year 202 5 public art plan including the appropriation of $15,000 from the municipal art fund”.

STRATEGIC PLAN INITIATIVE:

Approving the resolution will support the City Council’s Strategic Plan Goals of Public Safety and Youth and Seniors by investing in free public events open to Salinas residents.

DEPARTMENTAL COORDINATION:

LCS staff have been in communication with the City Attorney’s Office regarding impacts of grant projects and will coordinate with appropriate City Departments around public art events that are supported using the Municipal Art Fund.

FISCAL AND SUSTAINABILITY IMPACT:

The appropriation of $15,000 requires the use of available funds in account 2507.00.0000-56.8013.

ATTACHMENTS:

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

A RESOLUTION OF THE CITY COUNCIL ADOPTING THE ANNUAL PUBLIC ART PLAN FOR FISCAL YEAR 2025 AND AUTHORIZING AND APPROPRIATING

THE USE OF MUNICIPAL ART FUNDS

WHEREAS, the Public Art Commission prepared the Annual Public Arts Plan for fiscal year 202 4-2025 and includes specific activities that promotes public art and recommends the release of funds from the Municipal Art Fund to cover the costs of the activities described in the annual plan.

WHEREAS, the Public Arts Commission unanimously voted to accept the Annual Public Art Plan and recommend that the City Council authorize the release of an amount up to fifteen thousand dollars from the Municipal Art Fund in fiscal year 2024-2025; and

WHEREAS, ten thousand dollars would go to support new or ex panded cultural performing art events in Salinas by offering matching grants (in-kind match allowed) of up to five thousand dollars. An additional five thousand dollars to conduct the biennial cyclical maintenance survey of the municipal art collection as required by “Art in Public Places Policies and Procedures Manual”;

NOW, THEREFORE, BE IT RESOLVED the Salinas City Council accepts and approves the Annual Public Art Plan and authorize use and appropriation of up to fifteen thousand dollars from the Municipal Art Fund for fiscal year 2024-2025; and

BE IT FURTHER RESOLVED that the Salinas City Council hereby authorizes the Library and Community Services D irector or designee to design and administer the Public Art cultural event grant opportunity.

PASSED AND APPROVED this 12th day of March 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

________________________
2 Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

Salinas City CouncilMarch 12, 2024

Salinas City Council
March 12, 2024