Failure to comply with these requirements may result in the forfeiture of the Bidder’s rank in the Bid process.
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OTE: For Proposal package to be VALID: (1) the Bidder must submit all completely executed and sign ed City of Salinas forms; (2) the Contractor and all Subcontractors shall have valid, current and active Contractor’s License(s) for the classification(s) of work performed; and (3) the Contractor and all Subcontractors must possess and maintain a Public works Contractor Registration with the DIR pursuant to Labor Code Section 1725.5, and the license(s) must be valid at the time Contract is awarded and throughout the Contract as approved by Council.
8. DIRECTIONS FOR SUBMITTING THE PROPOSAL
Submit an electronic copy of the proposal Package electronically via the Planet Bids website in sufficient detail to allow for thorough evaluation and comparative analysis , no later than 02:00 P.M. Pacific Standard Time on Friday, March 15, 2024. Proposals will not be accepted after this deadline. Faxed or e-mailed proposals will not be accepted.
This R FP does not commit the City to enter into an agreement or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all proposals received as a result of this RFP, to negotiate with any qualified source(s), or to cancel this RFP in part or in its entirety. The City may waive any irregularity in any proposal. All proposals will become the property of the City of Salinas. If any proprietary information is contained in the proposal, it should be clearly identified.
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he firm submitting a Proposal and all Subcontractors must have a valid City of Salinas business license before the commencement of work.
9. INQUIRIES
All questions about the meaning or intent of the RFP documents shall be submitted to the City of Salinas through the project page on the Planet Bids website. Replies shall be issued by Addenda electronically online through the Planet Bids Vendor Portal website and ONLY to firms who are registered “Prospective Bidders” for this project.
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UESTIONS RECEIVED LESS THAN 10 CALENDAR DAYS PRIOR TO THE DATE OF THE OPENING BIDS SHALL NOT BE ANSWERED.
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nly questions answered by Addenda shall be binding. Oral and other interpretations or clarifications shall be without legal effect.
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om the date that this RFP is issued until a firm or entity is selected and the selection is announced, firms or public entities are not allowed to communicate outside the process set forth in this RFP with any City employee other than the contracting officer listed above regarding this RFP. The City reserves the right to reject any proposal for violation of this provision. No questions other than written will be accepted, and no response other than written will be binding upon the City.
CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
10. DISCRETION AND LIABILITY WAIVER
The City reserves the right to reject any or all proposals or to request and obtain from one or more contractor’s submitting proposals, supplementary information as may be necessary for City staff to analyze the proposals pursuant to the consultant selection criteria.
The City is not liable for costs incurred by contractors for the cost of the proposal. Contractors submitting a response to this RFP waive all rights to protest or seek any legal remedies whatsoever regarding any aspect of this RFP. All proposals shall be binding for a period of 180 days after the proposal due date. The City also reserves the following rights and options with respect to this RFP:
1. T
o re-issue this RFP with or without change or modification, at any time prior to the City’s execution of a Services Agreement pursuant to this RFP;
2. To cancel this RFP with or without issuing another request for proposals;
3. To supplement, amend, substitute or otherwise modify this RFP at any time prior to the City’s execution of a Services Agreement pursuant to this RFP;
4. To waive informality, defect, non -responsiveness and/or deviation from this RFP that is not, in the City’s sole judgment, material to the proposal;
5. To request modification of some or all of the proposals following evaluation by the City;
6. To request clarifications of any proposals;
7. To negotiate simultaneously, or otherwise, with one or more Respondents; and
8. To discontinue and resume negotiations with one or more Respondents
11. SAMPLE AGREEMENT
For the contractor’s information, a sample copy of the standard Services Agreement is included to this RFP as Attachment B . By submitting a proposal, the Contractor agrees to be bound by the requirements under this Agreement.
12. BOND REQUIREMENTS
The awarded contractor will be required to post a payment/performance bond for 100% of the annual contract value, and it shall remain in place for the duration of the contract.
13. TERM / VALUE OF THE CONTRACT
The Base Term of the Contract is three years.
There are two bilateral Option Terms. Both Parties, City and Contractor, will have the option to extend the Contract for an additional two- year term with an inflation rate increase per the ENR Cost Index.
The Contractor may withdraw from the Contract: (1) on the first anniversary of the Contract; or (2) the first anniversary of the option period.
In the event the Contractor elects to withdraw from the Contract, it must provide 90 days written notice of its intent to withdraw.
Exercising an option to withdraw shall not relieve either party from its obligations with respect to Job Work Orders issued prior to such withdrawal.
All Job Work Orders issued during the term of this Contract shall be valid and in effect CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
notwithstanding that the Detailed Scope of work may be performed, payments may be made, and the guarantee period may continue, after such period has expired. All terms and conditions of the Contract apply to each Job Works Order.
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he Contractor is guaranteed to receive the opportunity to perform Job Work Orders during the Base Term of the Contract. The “Maximum Contract Value” for this contract is $1,500,000 annually. Maximum contract value may be amended/increased by the City’s Public Works Director.
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he Contractor may be issued Job work Orders totaling the Maximum Contract Value during any year of the contract; However, the Contractor is not guaranteed to receive this volume of Job Work Orders. It is merely an estimate. The City has no obligation to give the Contractor the opportunity to perform Job Orders.
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he Job Work Order Contract is an indefinite quantity pursuant to which the Contractor may perform an ongoing series of individual Projects at different locations throughout the City. The bid documents include Base Bid Items containing items of work with Unit Prices as noted in the Proposal and shall include labor, material and equipment for the direct cost, complete in place.
14. LICENSE REQUIREMENTS
Contractor shall possess a Type “C -27 and Type D-49” license or other license qualifying the Contractor prior to submitting the proposal, and the license must be valid prior to award and throughout the contract term as approved by Council.
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contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a Bid that is authorized by Section70239.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
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or any monies earned by the Contractor and withheld by the City of Salinas to ensure the performance of the Contract, the Contractor may, at his/her request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Section 22300 of the Public Contracts Code of the State of California.
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l Contractors (prime and subs) must possess and maintain such registration with the Department of Industrial Relations (“DIR”) in order to be awarded and to perform work on public works projects. The following is the link to DIR’s Contractor Registration searchable database:
https://efiling.dir.ca.gov/PWCR/Search.action
A proposal shall not be accepted, nor any contract or subcontract entered into without proof of the contractor or subcontractor’s current registration to perform public work pursuant to Labor Code Section 1771.1
Th
is work is subject to compliance monitoring and enforcement by the DIR.
CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
Additionally, all contractors and subcontractors must furnish certified payroll records directly to the Labor Commissioner (aka, Division of Labor Standards Enforcement) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission.
15. SUBCONTRACTING
The Proposing firm shall submit the list of subcontractor(s) with the Proposal.
No portion of the work covered by these RFP can be subcontracted or assigned without prior approval of the City.
16. GENERAL REQUIREMENTS / PROVISIONS
The contractor is responsible for the landscape and/or forestry/tree maintenance in accordance with this RFP and the City’s 2008 Edition, City of Salinas Standard Plans and Specifications (https://www.cityofsalinas.org/file/847/download).
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he intent of this RFP is to define the tree maintenance and on-call service requirements for various locations owned and operated by the City of Salinas included. The description of each service area is to be used as a guideline. The description does not attempt to describe every detail or feature of the location that is to be maintained by the contractor. These are general information only and are for outlining the limits of work and showing the general layout of the existing forestry /tree landscape. It shall be the Contractor’s responsibility to verify the number of trees, lawn, shrubs, and other items/areas to be maintained. Discrepancies between the RFP and the items in the field shall be brought to the attention of the City. Additional payment for said discrepancies shall not be allowed.
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or all services described, unless excluded by the City in description of services, the City shall consider prices to include all labor, equipment, fees of any kind, overhead, insurance, fuel, materials, surcharges, disposal fees, and any other costs associated with and necessary for the firm to perform such service. No qualifications, exemptions, or alterations of services shall be allowed.
Failure to comply shall result in disqualification of proposal.
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otwithstanding any other provisions of this proposal, the Contractor warrants that the services, equipment, and supplies furnished shall be of the best quality as specified.
The
City may make reasonable investigations deemed necessary and proper to determine the ability of a contractor to perform the work, and the contractor shall furnish the City all information requested for this purpose.
Deficiency Notice:
The Contractor will be required to correct deficiencies within the time specified by the City of Salinas. If the deficiency is not corrected within the time specified by the City, City crews will be called out to complete the work. Such work shall be done on a force account basis with an additional call out charge of $75.00 per hour for each call‐out. Call‐out of City forces during off‐ hours, resulting from any deficiency issue, will be charged to the Contractor at time and a half. It also should be noted that there is a minimum three‐hour charge for labor on any call‐out.
CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
17. EXAMINATION OF SPECIFICATIONS, CONTRACT AND SITE OF WOR
K
The Contractor shall examine carefully, the site of work contemplated. The submission of a proposal shall be conclusive evidence that the Contractor has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the RFP.
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ontractors cautioned to make such independent investigation and examination as he/she deems necessary to satisfy himself/herself as to conditions to be encountered in the performance of the work and with respect to possible local material sources, the quality, and quantity of material available from such property, and the type and extent of processing that may be required in order to produce material conforming to the requirements of these Special Provisions.
UNSCHEDULED / E
XTRA WORK RATES
Contractor is to furnish the City of Salinas, hourly rates for unscheduled forestry/tree maintenance work.
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l unscheduled work shall have prior authorization of the City. Unscheduled work is requested on an as‐ needed basis and the Contractor is not guaranteed all such work in areas where Contractor is currently providing landscape and/or forestry/tree maintenance services to the City. The amount of time each unscheduled job may take is subject to negotiation with the City. Rates offered would be a major determinant in whether unscheduled work will be furnished by the Contractor providing contract services in the same area. Should unscheduled work not be provided by the Contractor, said Contractor may be required to coordinate with the City and another Contractor of the City's choosing in order to complete unscheduled repairs.
The City may authorize the Contractor to perform additional work, including but not limited to, repairs and replacements when the need for such work arises. Should such repairs or replacements be necessary as a result of Contractor's negligence, Contractor will be responsible for completing such repairs or replacing damaged property at no additional cost to the City.
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ontractor may not change the regular maintenance schedule or work force to perform unscheduled/extra work unless authorized by the City.
2. In order to be considered for extra work projects both in and outside of their contracted site, the Contractor must maintain its landscape and/or forestry/tree maintenance site in a manner that meets or exceeds City Standards for landscape and/or forestry/tree maintenance. In all cases, the City will determine standards.
3. Prior to performing any additional work, the Contractor shall give a verbal or written estimate of labor and materials to the City. No work shall commence without a verbal or written estimate. Within 48 hours of verbal or written authorization from City, Contractor shall submit a written estimate. Should a lane closure be required for unscheduled work, cost of permit and equipment shall be detailed in the estimate.
4. Notwithstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the City may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor.
No percentage mark‐up shall be added to equipment rental fees.
5. All additional work shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted. All replacements of CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
plant material or irrigation components shall be the same as and kind as what is missing or needed to be replaced, unless authorized by the Inspector. Contractor is required to submit highlighted copies of receipts for materials purchased. Receipts shall be turned in with contractor’s invoice for said repair and replacements.
6. City shall authorize verbally or in writing, any unscheduled work prior to work being done.
7. Contractor will submit a written quote, detailing materials and labor charges used for extra work. The City will generate a work order, which authorizes the contractor to submit an invoice for work performed.
18. ADHERENCE TO ALL LOCAL, STATE AND FEDERAL LAWS
AND REQUIREMENTS
The Contractor shall adhere to all current applicable federal, state, and local laws, codes and ordinances, including, but not limited to, those promulgated by CAL -OSHA, California Department of Industrial Relations, the California State Department of Health Services, FED - OSHA, and EPA.
19. CONTRACTOR’S RESPONSIBILITIES
A. GENERAL CONDUCT
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ontractor shall be responsible for, but not limited to, the following:
1. Adherence to schedules
2. Maintenance or replacement of cleaning equipment
3. Notifying city of any personnel changes
4. Training of new personnel
B. KE
Y PERSONNEL
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t is essential that the contractor provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The Contractor must agree to assign specific individuals to the key positions.
C. S
UPERVISORS AND PROJECT MANAGER
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he contractor shall provide qualified English -speaking supervision in a ll areas of operations. The Supervisor shall work with City of Salinas personnel in planning and scheduling work for completion of tasks. The Contractor shall furnish only employees who are authorized, competent and skilled for work under this contract. Two working supervisors are required during all shifts. The working supervisors shall verify completion of tasks prior to releasing contractor’s personnel each day.
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he Contractor shall designate in writing to the City’s Project Manager, the name of the person assigned as the Contractor’s Project Manager with full authority to administer the terms of this Agreement. The Contractor’s Project Manager shall have the capability to receive complaints by telephone or e -mail to facilitate timely corrective actions. An answering service or answering machine shall NOT be an acceptable means of contact for CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
the Contractor’s Project Manager. This representative shall be available Monday through Friday 7:30 a.m. through 5:00 p.m.
D. W
AGE DETERMINATION
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l wage scales shall be in accordance with applicable determinations made by the Director of the Department of Industrial Relations (“DIR”) of the State of California, as provided by Article 2, Chapter 1, Division 2, Part 7 of the Labor Code of the State of California, commencing with Section 1771. In accordance with Section 1773.2 of the said Labor Code, copies of the aforesaid determinations of the Director of the DIR are available on the website address http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm They shall apply to the Construction Contract and all Subcontractors thereunder.
The wage rates determined by the Director of DIR and published in the Department of Transportation publication entitled General Prevailing Wage Rates refer to expiration dates. If the published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, said published rate of wage shall be in effect for the life of this Contract. If the published wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on file with the DIR, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to this Contract in the same manner as if it had been published in said publication. If the predetermined wage rate refers to one or more additional expiration dates with additional predetermined wage rates, which expiration dates occur during the life of this Contract, each successive predetermined wage rate shall apply to this Contract on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rates expires during the life of this Contract, such wage rate shall apply to the balance of the Contract.
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ontractors and subcontractors will be required to submit weekly payroll records to the City. The "Statement of Compliance" and "Payroll Report" shall be on forms furnished by the City. Additionally, all contractors and subcontractors must furnish certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. No other forms shall be accepted.
E. P
ERSONAL ATTIRE AND EQUIPMENT
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he Contractor shall require each of his employees to adhere to basic Public Works standards of working attire. This includes uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirts shall be worn at all times, buttoned and tucked in. Blue or red colored uniforms are not acceptable.
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ontractor shall display the name of his firm on any vehicles used by the Contractor’s employees to carry supplies and equipment. The firm name shall be in letters large enough to be easily legible from a distance of one hundred (100) feet. All contractor trucks and other vehicles shall be uniform in color scheme and paint. All vehicles and equipment shall be in good condition and appearance. All vehicles will display a sign on the vehicle CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
while working on City areas indicating the contractor is under contract with the City. This sign shall be visible at all times.
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ontractor shall be aware of and shall comply with all City ordinances governing landscape and/or forestry/tree maintenance work as applicable to individual locations being maintained.
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t shall be the Contractor’s responsibility to supply all safety equipment and to educate their employees in the rules of safety. Safety vests are to be worn at all times while working on City property.
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equirements:
1. S
upervision: The foreman shall directly supervise the work force at all times.
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otify City of all changes in supervision.
2. Identification: Provide proper identification at all times for landscape and/or forestry/tree maintenance firm’s vehicles and labor force.
F. P
UBLIC CONVENIENCE AND SAFETY
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ontractor acknowledges and agrees that public safety is of utmost importance, and Contractor agrees that during the progress of the work, Contractor shall constantly protect and preserve the safety of the public.
2. Contractor shall not unnecessarily cause inconvenience to the public during the progress of the work and shall minimize the inconvenience caused by Contractor’s operations. Such operations include, but are not limited to, work performed on or adjacent to the work site, traffic lane and pedestrian closures and deliveries of material and equipment.
3. If a scheduled service day falls on a federal, state or City holiday, Contractor must provide scheduled service within two days before or after the holiday.
4. Where public safety is affected, the Contractor shall make immediate equipment repairs or removals of landscape and irrigation material and shall report such repairs or removals within 24‐ hours to the City.
5. Safety provisions shall conform to Cal‐OSHA Safety Orders, and all other applicable federal, state, county, and local laws, ordinances, codes, and regulations in performing the work under this Contract. Where any of these are in conflict, the more stringent requirement shall be followed. The Contractor's failure to thoroughly familiarize itself with the aforementioned safety provisions shall not relieve it from compliance with the obligations and penalties set forth therein. The Contractor shall develop and maintain for the duration of the Contract, a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee who is qualified and authorized to supervise and enforce compliance with the safety program.
6. S
ignage – The Contractor shall furnish and install all safety street signs, cones, and other facilities, which are necessary to expedite the passage of public traffic through or around the work. This is to prevent accidents, damage, or injury to the public, and to give adequate warning to vehicle or pedestrian traffic or to the public CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
of any dangerous conditions to be encountered.
7. S ound Control Requirements ‐ The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to this RFP.
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ach internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.
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ONDISCRIMINATION
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he prime Contractor or Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy, as recipient (i.e., the City of Salinas) deems appropriate.
H. P
AYMENT
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ach month, the Contractor shall submit one invoice for payment for all work performed during the previous month. Department pre‐approval must be granted prior to work which ultimately shall be billed as separate payment items, except in the case of em
ergency repairs. If the invoice submitted by Contractor exceeds the contract unit price per month for landscape maintenance, Contractor shall also submit invoices verifying the purchase of materials, labor, and a clear description of the location of the installation(s), type of work done, and the date of the work.
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he price paid per month for landscape and/or forestry/tree maintenance at each area shall include full compensation for labor, tools, equipment, and materials for landscape and/or forestry/tree maintenance of each area, including weed control, scheduled spraying for insect and disease control, debris and litter removal, removal of dead, damaged, or diseased plant materials, staking and guying, irrigation of plant materials, fertilizer, pruning, edging, trimming, mowing, maintenance and repair of the irrigation system. The price paid shall not include compensation for repair of irrigation systems when the system malfunctions as a result of Contractor negligence.
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t the request of the City, the Contractor shall perform such work or repairs and replacements associated with the maintenance of the area that is not covered under the basic services under the terms of this contract. Extra services shall be performed according to a quotation submitted by the Contractor, approved by the City, or shall be done on a time and material basis. Compensation for extra work shall be made in accordance with the specified amount approved in this RFP. No mark‐up for handling fees or other fees beyond the basic labor and materials cost is allowable. The Contractor shall obtain written approval from the City before proceeding with the work. The quotation shall show a complete breakdown of all labor and material costs.
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onthly Payments ‐ The Contractor shall submit one invoice for payment in proper form CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
to the City for all work performed during the previous month within five (5) calendar days following the last day of the previous month. The invoice shall list the area maintained and the date of the service with a total for all areas maintained during that month. If the invoice submitted by the Contractor exceeds the contract unit price per month for maintenance services, the Contractor shall also submit proof of approval to proceed from City along with invoices of the location and scope of the services provided.
The invoice shall indicate the areas in which work was performed, the dates upon which work was done, and the type of service provided. Work resulting in separate and additional billing requires prior departmental approval before incurring costs Th
e Contractor shall submit Subcontractor and/or suppliers’ waiver of liens as required under Civil Code Article 8122‐8138. The waiver shall be “conditional” before payment and “unconditional” after payment on forms set forth in the statute.
The required attachments to the monthly progress payment pay application shall include:
Certified Payroll Reports: All current payroll reports and statement of compliance for the Contractors and all subcontractors (to be completed through the date of pay application) and Quantity Calculations: Certified quantity calculations to justify all pay quantities and amount requested.
Payment for all labor, materials, tools, equipment, and other appurtenances required for the proper, substantial and complete‐in‐place for the project as shown on or outlined in this RFP.
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fter completion of the term of this contract and of all work called for under this RFP and the value thereof, the City shall pay the entire sum so found to be due after deducting there from all previous payments and all amounts to be retained under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment.
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ESPONSIBILITIES AND MAINTAINING TRAFFIC
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he Contractor shall comply with the requirements of CAL -OSHA, the applicable provisions of local, state, and federal regulations governing the project work.
Whenever immediate action is required to prevent impending injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not expected to be taken, the City may, after reasonable attempts to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the City. City action or inaction under such circumstances shall not be construed as relieving the Contractor of his/her surety from liability.
The Contractor shall notify the Police, Fire, Traffic, Monterey- Salinas Transit, Engineering Department of jurisdictional agencies involved, affected property owners and businesses, and news media (radio, TV, newspaper) at least 48 hours in advance of any work that will delay traffic. The Contractor is to notify/call 811 at least 48hours in advance of any work. The Contractor shall cooperate with local authorities relative to handling traffic though the area and shall make his/her own arrangements The Contractor shall also be responsible for compliance with additional public safety requirements which may CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
arise during construction. He/she shall exercise special caution against dangerous conditions, and shall provide, install, and maintain temporary barricades and fencing as may be necessary to protect the public. All traffic control devices shall be in place and operational prior to beginning work or different phases throughout the contract.
Within the area of work barricades, signs, lights, flashers, and other safety devices shall be used by the Contractor to direct vehicular and pedestrian traffic. During any day between 9:00 a.m. and 3:30 p.m., the Contractor may limit traffic to one lane in each direction with approved traffic control measures, unless otherwise directed by the City. Within the area of work barricades, signs, lights, flashers and other safety devices shall be used by the Contractor to direct vehicular and pedestrian traffic. Unless otherwise directed by the City, the Contractor shall maintain pedestrian and two - way vehicular traffic on the streets at all times. Closing of any streets will not be allowed. Traffic safety devices shall be in good repair at all times. Traffic safety devices in need of repair or paint shall be removed immediately from the project on order of the Project Inspector. Upon completion of work, the Contractor shall promptly remove all signs and warning devices.
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he Contractor shall abate dust nuisance by cleaning, sweeping, and sprinkling with water or other means as necessary including weekends, holidays, and any other times as necessary. No mud or cement slurry resulting from saw cutting is to be washed into catch basins. Cleanup expenses to the City at job site due to the Contractor's failure to comply with this RFP will be charged to the Contractor. The use of water which may result in mud on public streets will not be permitted as substitute for sweeping or other materials. Payment for dust control shall be considered as included in the various pay items and no additional compensation shall be allowed, therefore.
Personal vehicles of the Contractor’s employees shall not be parked on the traveled way or shoulders, including any section closed to public traffic.
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enever vehicles or equipment are parked within six feet of a traffic lane, the shoulder area shall be closed with florescent traffic cones or portable delineators place on a taper in advance of the parked vehicles or equipment and along the roadway at 25-foot intervals to a point not less than 25 feet past the last vehicles or piece of equipment. A minimum of 9 cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be place whereas directed by the City.
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ll traffic cones used on the project shall conform to the requirements for fluorescent traffic cones in State Standards. The top of fluorescent traffic cones used in the work during the hours of darkness as defined in Division 1, Section 280, of the California Vehicle Code, shall be covered by a 7 -inch flexible vinyl reflective cone sleeve. The entire cost of furnishing all flagmen will be borne by the Contractor.
J. DE
SCRIPTION OF PROJECT
The Superintendent of Maintenance Services or his designee will issue a work order that will include any or all type of tree work items as listed in this proposal.
The work, in general, shall include furnishing of all labor, materials, tools, equipment and incidentals required for the Tree Maintenance and On -Call Services projects as needed within the City’s Right-of- way, and City Properties. City reserves the right to change, CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
increase or decrease locations in the scope of work as needed.
Suc
h other items or details not mentioned above, but that are required by the Plans, Standard Specifications, or these Special Provisions shall be performed, placed, constructed, and/or installed for a complete project. Payment shall be included in the various items of work and no additional compensation shall be made.
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xcept for authorized changes in the work, payment for said complete -in-place finished work or improvement will be made only on the basis of the contract item of work listed in the Proposal. All other work, including the furnishing of labor, materials, tools, equipment and incidentals, provided for in these Specifications and Contract, or required for the proper comple tion of the work as a whole, for which no separate payment has been provided shall be an obligation of the Contractor and payment therefore shall be considered included in the price paid for the various items of work listed in the Proposal and no additional compensation shall be made.
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-1.01 ANNUAL PRUNING PROGRAM
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ree pruning per pre -designed scheduled maintenance areas --“grids” or prune area routes with a set cycle to include all trees within the area or “grid”. Pruning will include structural pruning, crown raising, and crown cleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices), the ANSI A300 Standards and City of Salinas Maintenance Standards. Contractor shall be required to furnish all supervision, labor, equipment, and materials necessary to accomplish the work in accordance with the Contract. The intent of this Contract is to have all trees pruned a minimum of one time by the end of the contract period. Special projects that are difficult to access will require the need for specialty equipment (i.e., 95- foot tower). Service request pruning or pruning to reduce and/or pruning to restore will fall under Crew Rental.
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-1.02 INSPECTION OF HAZARDOUS CONDITIONS
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ll City trees shall receive routine maintenance and periodic inspections. The Contractor is to include an ISA Certified Arborist or designee with adequate knowledge in tree care to be on site for a regularly scheduled minimum of eight (8) hours per week. Tree problems that are clearly visible by the inspection, but not considered hazardous, will be reported to the City for direction and/or further evaluation. Also, the crew performing maintenance shall properly notify the City of any tree-related problems that are clearly visible. This may be in written form if not considered hazardous or within 24 hours if deemed hazardous. It is the intent to correct problems prior to reaching crisis levels.
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-1.03 TREE INVENTORY, TECHNICAL SUPPORT AND
MAINTENANCE
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t the City’s sole discretion, the Contractor shall update, record, and provide all tree care/maintenance work performed by the Contractor, including any notes in CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
the Tree Inventory Database weekly to the City, at the latest. This may include the inclusion of a photo of the tree into the Database for possible insurance claims purposes, as appropriate. Access to this program will be provided by the City at the City’s discretion . The Contractor shall record and provide routine maintenance, archive, backup, restore and disaster recovery procedures as may be requested by the City. The Contractor shall provide complete support rapidly with experienced staff available to the City during the hours of 7:00 A.M. to 5:00 P.M. Monday through Friday. The Contractor shall be readily available by telephone, e-mail or may respond to the City’s location within a timely manner.
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-2.01 PROJECT SPECIAL PROVISIONS
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his project may consist of tree pruning, traffic clearance pruning, and palm pruning as specified i n the Project Special Provisions Contract Documents and/or Requests for Bid Proposal. All aspects in tree maintenance methods shall comply with the s
tandards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices), the ANSI A300 Standards and City of Salinas Maintenance Standards.
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-2.02 DEFINITIONS
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ere “as directed”, “as required”, “as permitted”, “approve”, “acceptance”, or words of similar import are used, it shall be understood that the direction, requirement, permission, approval or acceptance by the City of Salinas is intended unless otherwise stated. As used herein, “provide” shall be understood to mean “provide complete”, in total. The word “site” as used hereinafter shall be understood to mean the location receiving the service. The use of the word “Contractor” shall be held to mean the Contractor and/or any person employed by them and working under this contract.
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-2.03 WORK QUALITY
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ll aspects in tree maintenance shall comply with good arboreal practice for the particular species of trees being trimmed shall be consistent with the Pruning Standards and Best Management Practices as adopted by the International Society of Arboriculture. The Contractor shall also meet the requirements of the Americ an National Standards, Z133-1- 2017, entitled "Safety Requirements for Arboricultural Operation," published by the American National Standard Institute, Inc., 1430 Broadway, New York, New York 10018.
The City of Salinas Arborist shall determine if the Contractor has met all pruning requirements and payment shall not be made for pruning that is not in accordance with the above standards. The Contractor shall be deemed in contract default, if they consistently fail to comply with the aforementioned standards.
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-2.04 STANDARDS
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rior to beginning the work, the Contractor shall review with the City of Salinas Arborist various methods, tools, and work scheduling to be used on the project. Unless CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
otherwise indicated, tree pruning shall include but not be limited to accepted pruning activities.
Daily tree pruning operations shall commence no earlier than 7:00 A.M. and shall be completed each day no later than 5:00 P.M.
Tool Sanitation - On all trees, including palms, known or suspected to be diseased, pruning tools and cut surfaces shall be disinfected with a ten (10) percent chlorine bleach solution after each cut and between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily.
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-2.05 TREE PRUNING
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ree pruning per pre-designed areas, grids or prune routes on a set cycle to include all trees. Pruning will include structural pruning, crown raising, and crown cleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards.
Special projects that are difficult to access require the need for specialty equipment (i.e., 95-foot tower), service request pruning, or pruning to reduce and/or pruning to restore would fall under Crew Rental.
• Contractor shall comply with Standards of CAL OSHA and the American National Standards Institute, Z133 Safety Requirements.
• Contractor shall notify the resident forty- eight (48) hours in advance of scheduled pruning.
• Contractor shall provide and post “No Parking” signs twenty- four (24) hours in advance of the work.
• Contractors shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner which will cause the least possible interference and annoyance to the public. Work shall be performed by competent employees and supervised by an experienced, English-speaking supervisor in tree maintenance operations. The Contractor shall be responsible for advance notification to the residents at each work location of the intended tree operations. The Contractor shall be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of the work.
• Contractor shall exercise precautions necessary when working adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to the Contractor’s personnel or others near the work site, work is to immediately cease, and the appropriate utility company notified. Work shall then commence in accordance with instructions from the utility company. In the event that work causes excavation, the City is responsible for properly marking the locations and the Contractor is responsible for appropriate notification of Underground Service Alert (USA).
• No hooks, gaffs, spurs, or climbers will be used for anything other than removals. • Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous growth.
• When pruning fungus, disease or fire blight infected with limbs or fronds, all CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
pruning tools shall be cleaned after each cut with tool sanitation or bleach. • Topping shall not be done unless specifically requested by the City. • The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently, half (1/2) inch to the parent stem so that healing can readily start under normal conditions. All limbs two (2) inches or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in the general outline of tree.
• Cut laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead material to be easily cleaned out and light to show through the head. Tree foliage shall be reduced by at least fifteen (15) percent but no more than thirty (30) percent. • Trim to remove dead wood or weak, diseased, insect-infested, broken, low, or crossing limbs. Branches with an extremely narrow angle of attachment should normally be removed.
• Small limbs, including suckers or waterspouts, shall be cut close to the trunk or branch from which they arise.
• Heading cuts and/or topping will not be allowed under any circumstances.
Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or framework of any tree.
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2.06 PRUNING FOR TRAFFIC CLEARANCES
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ree pruning for traffic clearances shall provide clearances of at least fourteen (14) feet and no greater than sixteen (16) feet abov e finish grade for moving vehicles within the traveled roadway, for pedestrians on sidewalks in accordance with standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards under “Pruning to Raise.” Clearance trims are performed on a grid system or on a street-by-street basis.
Clearances for adjacent structures and their connecting utility lines (service drops), shall be determined by the City of Salinas Arborist and conform to the following:
A. The minimum clearance under trees within the street right-of- way shall be fourteen (14) feet over the traveled road, and nine (9) feet over the curb line and the sidewalk side of the tree. When pruning the bottom branches, care shall be given to obtain a balanced appearance when viewed from across the street immediately opposite the tree.
B. Cut laterals to preserve the natural form of the tree. Remove lateral branches at their point of origin or shorten the length of a branch by cutting to a la teral, which is large enough to assume leadership.
C. When cutting back, avoid cutting back to small suckers. Remove smaller limbs and twigs in such a manner as to leave the foliage pattern evenly distributed.
CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
J-2.0 7 PRUNING PALM TREES
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alm tree pruning shall consist of the removal of loose dead fronds, fruit clusters and other vegetation from the trunks of all palms listed in the Contract Documents Special Provisions in a manner selected by the Contractor and approved by the City of Salinas Arborist, and in accordance the following:
A. The use of climbing spurs or spike shoes for the purpose of climbing palm trees is prohibited, unless specifically approved by the City of Salinas Arborist. The Contractor shall be required to use an aerial tower with sufficient height to reach the crown for the purpose of pruning City Palm Trees.
B. Palm Skinning (additional service and cost) – Dead fronds, and parts thereof, including stubs can be removed along the entire length of the trunk of each palm, leaving a cl ean unsheathed appearance slicked from the ground to approximately twenty-four (24) to thirty-six (24-36) inches from the base of the green fronds at the top of the tree. The frond stubs (cut close to the trunk) can be left in place within a span of at least eighteen (18) inches but no longer than thirty-six (36) inches.
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-2.08 SERVICE REQUEST TREE PRUNING
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rees that need service prior to their scheduled grid trim for aesthetic purposes shall be trimmed within two weeks of notification by the City to the Contractor. Trees designated for aesthetic trimming shall be trimmed, shaped, and thinned. The trimming s hall provide a symmetrical shape and aesthetically pleasing appearance typical of the species. In addition, trees shall be trimmed to provide a minimum clearance of fifteen (15) feet over the roadway and seven (7) feet over walkways.
Trees shall also be trimmed to remove any obstruction around traffic control devices, traffic signs and streetlights. Additional trimming shall be performed to mitigate any extreme effect of the clearance trimming and provide an aesthetic appearance.
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t is the City’s intent to allow residents to request and pay for additional work through the City and this contract on an individual request basis. Any residential work will be authorized and directed by the City using prices as listed in this contract for residential work.
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he specific techniques employed shall be consistent with industry practice for the size and specific of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be ma de sufficiently close, ½ inch to the parent stem so that healing can readily start under normal conditions. All limbs two (2) inches or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree. All trees shall be thinned of smaller limbs when necessary to distribute the foliage evenly.
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-2.09 TREE REMOVAL
CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
City prepares lis t of trees to be removed, marks trees, notifies homeowners and submits lists or work orders via the City’s Tree Inventory (TreeKeeper8) to Contractor. Contractor crew removes tree to ground level, and hauls off-site all debris.
Special projects that are di fficult to access with equipment or require the need for a crane or an aerial lift over seventy-five (75’) feet. The City of Salinas Urban Forestry Crew Supervisor (Arborist) shall make the final determination to remove or provide public noticing for removal at a later date. Removals shall be conducted in good workmanlike manner in accordance with the standards of the ISA/ANSI standard profession.
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ll wood from removed trees is the property of the contractor and shall be disposed of properly. No wood shall be left along public right-of-way. All tree parts are to be loaded into transport vehicles or containers and hauled away. The vehicles or containers must have the front, sides and rear solid and the top shall be tarped, or otherwise tightly enclosed. The transporting of tree parts must be made so that no debris escapes during the transport. Branches, suckers, bark and other tree parts that are chipped are to be covered while transported and hauled to the disposal site during the workday.
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-2.10 STUMP AND ROOT GRINDING/REMOVAL
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ontractor shall remove all of the stump/roots in the parking strip/city-right-of- way, or the Project designated exposed stump/root area to a minimum depth of (12” to 36”) inches below finished grade or as directed by the Superintendent of Maintenance Services or his designee. The resultant chips from routing may be used to fill the hole to three (3”) inches above normal ground level. All excess routing chip debris will be disposed unless directed by the Superintendent of Maintenance Services or his designee. An Underground Service Alert (USA) must be done for every site before stump/root removal work begins. The Contractor is responsible for marking trees so that they are easily identifiable by Underground Service Alert.
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o separate payment or cost shall be made or added for clearing and grubbing, removal of all debris from the construction site, or the installation of topsoil to finish grade.
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-2.11 TREE PLANTING
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ontractor is referred to Section 20-4.05 of the City Standard Specifications and City Standard Plan 11R found in Part E. Planting includes the tree, stakes, ties and complete installation and watering for ninety (90) calendar days. Planting data should be compiled by the Inspector and submitted monthly in the City Tree Database, or sooner as deemed appropriate. Contractor will guarantee the quality of the tree stock and the workmanship. Tree location shall be approved by the Superintendent of Maintenance Services or his designee prior to tree planting.
A. Contractor shall provide all equipment, labor and materials necessary for the planting of trees throughout the City in accordance with the specifications herein.
CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
B. The City shall be responsible for marking locations and the Contractor will notify Underground Service Alert (USA) prior to planting.
C. Tree shall be placed in the planting pit with its original growing level (the truck flare) at the same height of the surrounding finish grade. In grass -covered parkways, the top of the root ball shall be level or slightly higher than the surrounding soil. In a concrete tree well, the root ball shall be 3 inches below the level of the finished surface of the concrete.
D. Backfill material shall be amended soil as indicated on City Standard Plan 11R or as specified by Superintendent of Maintenance Services or his designee.
Thus, references in the City of Salinas Standards/Provisions Section 20-4.054 indicating use of “native soil” for backfill shall be deemed to mean “amended soil”. Eliminate all air pockets while backfilling th e planting pit by watering the soil as it is put into the hole.
E. Trees that are planted in parkways shall have a four to six (4-6) inch high water retention basin built around the tree capable of holding at least ten (10) gallons of water. In a concrete tree well, soil should be raked against the edge of the concrete to create a sloping basin. Immediately after planting, the tree shall be watered thoroughly by filling the water retention basin twice.
F. Trunk protectors such as Arbor-Guards or an approved equal shall be placed at the base of the trunk of all new trees immediately after planting.
G. In some cases, root barriers may be required. The City will make this determination. Should a root barrier be required, the Contractor will install a mechanical barrier that redirects root growth downward, eliminating the surface rooting that damages expensive hardscapes and creates a hazard. The barrier shall be twelve (12) inches in depth and at a length determined by the City and placed in a circular fashion surrounding the tree’s root system. The addition of root barriers is accounted for in the Base Bid Item 1 unit pricing table.
H. Clean up all trash and any soil or dirt spilled on any paved surface at the end of each working day.
I. All trees shall be of good nursery stock that adheres to the American Standard for Nursery Stock as described in the ANSI Z60.1-2014 Standards. Trees shall be free from pests, disease and structural defects.
J. Require all contractors to comply with applicable BMPs and other requirements along with City of Salinas (NPDES) requirements.
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-2.12 CREW RENTAL
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he standard crew is three men, one chipper truck, one chipper, one aerial tower and all necessary hand tools. The crew and equipment can be modified to complete any type of miscellaneous tasks including special projects that may consist of extraordinary work such as hanging flags, changing light bulbs, or trimming specific trees requiring immediate attention prior to their scheduled trim. Trees requiring service prior to their regularly scheduled grid or annual trim to rectify a specific problem such as blocked street lighting or signs, right-of-way clearance for utility lines, or broken limbs may be performed under the Crew Rental rate.
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-2.13 EMERGENCY RESPONSE
CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
The Contractor shall be required to provide emergency on call response for damaged trees as a result of storms or other reasons. Emergency calls may occur at any given time. The Contractor will be provided with locations and the work to be done at each location via te lephone from a City authorized representative. Emergency work shall begin within two (2) hours of the initial telephone call.
Contractor shall be required to provide a twenty- four (24) hour emergency phone number or the names of at least ten (10) contact individuals upon award of contract.
Should the contact persons or their phone numbers change during the course of the contract, those changes shall be submitted to the City within two (2) working days.
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ontractor shall be required to provide all necessary traffic control during the course of emergency work. Should the work involve any high voltage power lines or any utility lines the Contractor shall be required to notify the responsible utility company.
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ork performed under the emergency provision of this contract shall be paid for on a crew hour basis. This shall include all labor, tools equipment, disposal fees and necessary materials.
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-2.14 LINE CLEARANCE PRUNING
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uring the course of this contract/project the Contractor may be requir ed to perform utility line clearance in conjunction with routine or non-routine pruning activities. The Contractor shall be required to furnish all supervision, labor, equipment and materials necessary to accomplish the work in accordance with the contract. The Contractor has the responsibility for compliance with safety and health standards of the California Occupational Safety and Health Act (OSHA) and all applicable rules, regulations and orders. The manager overseeing the project should be a Certified Utility Specialist and the persons completing the work should be Line Clearance Tree workers. The competency of Contractor's personnel shall be maintained through regular training. All persons performing tree work on City trees in or around primary electric al lines shall be trained to do so in accordance the “Electrical Safety Orders” of the State of California.
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-2.15 TREE WATERING
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atering is performed by a one -man crew with a water truck who will water various routes including landscape and/or forestry/tree median and young trees that are three (3) years old and younger.
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-2.16 SMALL TREE CARE
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he City requires an active approach to the care of its young and newly planted trees.
The Contractor shall be required to perform basic maintenance that will include but not be limited to tree well adjustments and watering, removal of weeds from tree wells, structural pruning, and re-staking when necessary.
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-2.17 ARBORIST SERVICES
CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
On occasion, the City requires tree evaluations including written reports. The vendor shall provide an hourly rate for an Arborist that can respond to the City’s request(s) for the preparation of detailed arborist reports, tree evaluations and site inspections.
Reporting can be generated on as little as one tree to an entire urban forest population and is handled on a case-by-case basis.
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-2.18 CLEAN UP
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ontractor shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of streets.
Each day’s scheduled work shall be completed and cleaned up and under no circumstances shall any brush, leaves, debris or equipment be left on the street overnight. Contractor’s equipment may be stored overnight, with advance approval, in the City yards; however, the City will not be responsible for security of Contractor’s equipment.
Brush and debris shall be removed daily, sidewalks swept, lawns and parkways raked out and gutters cleaned.
The City of Salinas Arborist or his authorized representative shall be the sole judge as to the adequacy of the clean-up.
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-2.19 DISPOSAL OF DEBRIS
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ll tree branches produced as a result of the Contractor’s operations under this contract will be reduced, reused, recycled, and/or transformed. The City will receive access to their Green Waste Recycling report detailing the amount of debris recycled and the location. This report to be used for compliance with Assembly Bill 939. Any and all debris produced by tree work performed, by City or contractor, shall be hauled away and disposed of. The payment for hauling shall be considered included in the various Contract unit prices and no additional compensation shall be allowed, therefore.
A. Green Waste Recycling Report:
Green waste that is transported to an off-site facility for grinding into mulch shall be documented and available to the City of Salinas Arborist upon request or on a monthly basis.
B. Wood Chips:
Chips generated from pruning operations shall become the property of the contractor and disposed of properly.
C. Milling (additional service & cost):
At the direction of the City of Salinas Arborist, large tree trunks, which meet proper specifications, may be milled into lumber suitable for use in a variety of applications. Milled lumber shall be returned to the City at a cost to be included in the bid proposal.
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ETAILS – ORDER OF WORK AND QUALITY ASSURANCE
All work under this project shall be scheduled, coordinated and executed as necessary to meet CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
the frequency of maintenance listed in the RFP. All operations shall be coordinated to eliminate any possibility of damage, or unnecessary removal, replacements and/or modifications to existing facilities or to facilities maintained under this project.
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xperience: The landscape and/or forestry/tree contractor or maintenance subcontractor shall have a full‐ time employee assigned to the job as foreman for the duration of the contract.
He/she shall have a minimum of four (4) years’ experience in landscape and/or maintenance supervision, with experience or training in turf management, entomology, pest control, soils, fertilizers and plant identification. All tree related work shall be supervised by a Qualified Applicator Certificate holder. All pesticide recommendations shall be made by a Pest Control Advisor.
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abor Force: The landscape and/or forestry/tree maintenance labor force shall be thoroughly familiar with and trained in the wo rk to be accomplished and shall perform the task in a competent, efficient manner acceptable to the City.
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he Contractor must have a full - time employee who can competently work on irrigation systems, including the testing, rebuilding and/or replacement of valves, controllers and main irrigation line breaks. It is the Contractor’s responsibility, without further direction from the City (except as specified herein), to assure all work is being done per this RFP.
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e Contractor will be required to have a twenty‐four (24) hour emergency phone number where he/she can be reached with no more than fifteen (15) minute delay in call back time.
Once notified, contractor shall respond to an emergency within thirty (30) minutes.
Contractor is further required to have an active email address, to receive any correspondence from the City.
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ontractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage ground cover, athletic/turf areas, trees or shrubs. Any debris or litter which collects as a result of inclement weather or flooding, shall be removed during the next scheduled service day.
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t the beginning of the maintenance period, the City’s designated representative and the Contractor shall visit the site and walk it to clarify the scope of work and understand existing project and site conditions. Documentation of the general conditions of all plant materials shall be made to determine which are healthy, damaged, dead or dying. Documentation of the general condition of the irrigation system shall be completed to make sure that faulty electrical valves, controllers and broken or inoperable sprinkler heads are reported.
L. LEG
AL
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e Contractor shall provide necessary safeguards and shall exercise caution against injury or defacement of any existing site improvements and plantings. The Contractor shall be responsible for any damage resulting from his/her operations and shall repair or replace such damage at his/her own expense. No trucks or vehicles of any kind shall be allowed to pass over area unless adequate protection is provided. Unless designated otherwise, all existing improvements shall be repaired or replaced, in kind, at the Contractor's expense.
CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
By submitting a Proposal contractor declares that it is genuine and not collusive or sham. Firm is not directly or indirectly, induced or solicited any other firm to put in a false or sham proposal. The firms has not directly or indirectly colluded, conspired, connived, or agreed with any firms or anyone else to put in a sham bid, or to refrain from submitting a proposal. The Contractor has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the price of the firm or any other for or to fix any overhead, profit, or cost element of the price, or of that of any other firm. All statements contained in the proposal are true. The firm has not, directly or indirectly, submitted his or her price or any breakdown thereof, or the contents thereof or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham proposal, and has not paid, and will not pay, any person or entity for such purpose.
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ATERING
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ll compensation for developing water supply shall be considered as included in the prices paid for the work involving the use of water and no separate payment will be made. Where applicable, City of Salinas Code Chapter 36A Water Conservation will take priority W
ATER CONSERVATION
Contractor shall, whenever possible, minimize the use of water during maintenance operations. Watering equipment shall be kept in good working order; water leaks shall be repaired promptly; and washing of equipment, except when necessary for the safety of and for the protection of equipment, shall be discouraged. In no case shall the Contractor use water to rinse or flush chemicals of any kind from equipment onto the work site and/or drainage or sewage systems.
Drought Impact on Irrigation: The Contractor shall comply with all water use regulations and restrictions. In addition, Contractor shall comply with City directed changes in irrigat ion in response to drought conditions.
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RRIGATION OF PLANT MATERIALS
All planted areas shall be watered deeply as weather conditions require to promote normal growth and insure the health of the vegetation therein. Water for the irrigation systems shall be furnished by the City. Water usage shall be in accordance with the City’s water conservation Ordinance No. 2123. Lawns at no time shall show a lack of fresh green color or a loss of resilience due to a lack of water.
a. C ontrol watering to prevent runoff and/or erosion, puddling, or over watering.
Prevent watering roadways, walkways or private property. Provide adequate coverage of all landscape and/or forestry/tree areas. Match precipitation rates.
Limit hazardous conditions. Adjust irrigation as required due to seasonal changes and rain.
N. HOUR
S OF WORK
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he Contractor’s schedule for carrying out the work as specified shall be submitted to the City for review and approval. The schedule shall include the time, days, and areas to be maintained.
CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
The Progress and Standard of Quality of Work – The progress and standard of quality of work to be accomplished under this contract shall be of high quality. In the event of unsatisfactory maintenance as determined by the City and shall require Contractor to correct the unsatisfactory work at no additional cost to the City for expenditures incurred in making the correction.
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he Contractor shall deliver to the City a complete landscape and/or forestry/tree maintenance weekly work schedule along with the size of work crew and equipment summary sheet, prior to start of the maintenance contract.
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he City retains the right to have certain work sites maintained on certain days. Contractor is expected to have the same maintenance work crew assigned to its work sites at all times on a continuous basis.
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ontractor at no time shall leave a work site to complete another project, without having completed the work assignment for that day.
No
blowing in residential areas before 8:00 am.
O. AR
BITRATION
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n the event of a dispute as to whether the conditions materially differ or do involve hazardous waste, the Contractor shall continue to proceed with all work to be performed under the Contract and shall retain all rights provided either by Contract or by law which pertain to the resolution of any dispute or protest.
Arbitration shall be initiated by a Complaint in Arbitration made in compliance with the r
equirements of said regulations. A Complaint in Arbitration by the Contractor shall be made not later than 180 calendar days after the date of service in person or by mail on the Contractor of the final written decision by the Department of the claim.
P. NOT
ICE OF POTENTIAL CLAIM
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e Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the City, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless he/she shall have given the City due written notice of potential claim as hereinafter specified. Compliance with this section shall not be a prerequisite as to matters within the scope of the protest Provisions, nor to any claim which is based on difference in measurements or errors of computation as to Contract quantities.
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he written notice of potential claim shall be submitted to the City prior to the time that the Contractor performs the work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the City, or in all other cases within 15 calendar days after the happening of the event, things, occurrence, or other cause, giving rise to the potential claim.
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t is the intention of this section that differences between the parties arising under and by virtue CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
of the Contract are brought to the attention of the City at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he/she shall have no right to additional compensation for any claim that may be based on such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed.
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hould the Contractor, in connection with or subsequent to the assertion of a potential claim, request inspection and copying of documents or records in the possession of the City that pertain to the potential claim, Contractor shall make its records of the project, as deemed by the City to be pertinent to the potential claim, available to the City for inspection and copying.
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ubmission of a claim, properly certified, with all required supporting documentation, and w
ritten rejection or denial of all or part of the claim by owner, is a condition precedent to any action, proceeding, litigation, suit, or demand for arbitration by Contractor.
Claims
Submission of a claim, properly certified with all required supporting documentation, and written rejection or denial of all or part of the claim by the City, is a condition precedent to any action, proceeding, litigation, suitor demand for arbitration by Contractor.
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RESERVATION OF PROPERTY AND CLEAN UP
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xisting trees, shrubs, and other plants, that are not to be removed, and are injured or damaged by reason of the Contractor’s operations, shall be replaced by the Contractor.
Damaged or injured plants shall be removed and disposed of outside the City of Salinas right- of-way in accordance with the Provisions in the State Standard Specifications. At the option of the Contractor, removed trees and shrubs may be reduced to chips. The chipped material shall be spread within the highway right-of-way at locations designated by the City.
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eplacement planting of injured or damaged trees, shrubs, and other plants, caused by the Contractor/Staff shall be completed not less than 20 working days once agreed upon by the City and the Contractor. Replacement trees, shrubs, and other plants shall be watered as necessary to maintain the trees, shrubs, and other plants in a healthy condition.
The Contractor shall also abate dust nuisance by cleaning, sweeping, and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods.
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ailure of the Contractor to comply with the City’s clean up orders may result in an order to suspend the work until the condition is corrected. No additional compensation will be allowed as a result of such suspension.
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MOVAL OF DEAD, DAMAGED, OR DISEASED PLANT MATERIALS
Contractor shall remove dead, severely damaged or diseased tree/ plant material no later than seven (7) days after identification. Broken tree limbs or other items that may cause hazardous conditions to the public shall be removed immediately.
CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
RECYCLING AND CLEANUP
The Contractor shall also abate dust nuisance by cleaning, sweeping, and sprinkling with w
ater, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods.
Failure of the Contractor to comply with the City’s clean up orders may result in an order to suspend the work until the condition is corrected. No additional compensation will be allowed as a result of such suspension.
S
IGNS/IMPROVEMENTS
Contractor shall not post signs or advertising material upon the site premises unless prior approval is obtained from the City.
C
ontractor will remove all advertisements and election signs from the work site, including from utility poles and trees, each time site is serviced. Signs shall be stored by contractor until City staff gives approval for their disposal.
Ha
uling
Spillage resulting from hauling operations on or across public thoroughfares shall be immediately removed at Contractor’s expense.
I
f the spillage is of a hazardous substance, such as petroleum products, or pesticides, Contractor is required to contact the City immediately and also prevent the substance from running into storm drains.
Th
e payment for hauling shall be considered included in the various items of work, and no additional compensation will be allowed, therefore.
E
xcavation
The excavation and removal of additional unsuitable materials beyond the depths of excavations at site, and additional backfill, if required by the City, shall be in accordance with the Standard Specifications.
R. E
NVIRONMENTAL/POLLUTION PREVENTION REQUIREMENTS
D
efinitions: For the purpose of this contract, the following terms and wordings have definitions hereinafter specified:
H
and‐Sweeping – Removal of refuse by the use of hand tools including brooms and shovels.
Compensation for Hand‐Sweeping shall be considered as included in other items of work.
R
efuse – All deposits of dirt, rock, glass, cans, leaves, sticks, papers, or any like materials so designated by the City within the areas to be swept within the terms of this contract and of a size which can be practically removed by mechanical sweeping or hand‐sweeping operations.
C
ity of Salinas BMPs for pesticide, herbicide, and fertilizer application, storage, and disposal, including the following:
CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
• Training activities, permits, certifications, and other measures for municipal applicators and distributors.
• Integrated pest management measures that rely on non‐chemical solutions for all municipal areas.
• Eliminating the use of pesticides and fertilizer s within 48 hours prior to a likely precipitation event or irrigation. A likely precipitation event is any weather pattern that is forecast to have a 50 percent or greater probability of producing precipitation in the application area.
• Collection and proper disposal of unused pesticides, herbicides, and fertilizers. • A standardized protocol for the routine and non‐routine application of pesticides, herbicides (including pre‐emergent), and fertilizers.
• Prohibition of storage or application of banned or unregistered pesticides. • Implementation of procedures to encourage the retention and planting of native vegetation to reduce water, pesticide, herbicide, and fertilizer needs. • Limiting or replacing pesticide use (e.g., manual weed and insect removal). • Limiting or eliminating the use of fertilizers. Prohibition fertilizer application within 5 feet of pavement, 25 feet of storm drain inlet, or 50 feet of a water body. • Reducing mowing of grass to allow for greater pollutant attenuation, but not jeopardizing motorist safety.
• Storage of pesticides and fertilizers indoors or under cover on paved surfaces or use of secondary containment.
• Reduction in the use, storage, and handling of hazardous materials to reduce the potential for spills.
• Regular inspection of storage areas.
• Prohibition of use of pesticides on the CWA section 303(d) list for any water bodies the Permittee’s MS4 is tributary to: and
• Provide direct supervision by a pesticide applicator, certified in the appropriate category, of municipal employees or contractors applying restricted pesticides. • Contractor shall not use pyrethroid pesticides. Alternate materials should be considered. Utilize BMPs to replace materials/chemicals with more environmentally benign materials or methods (e.g., use mechanical methods rather than herbicides).
C
ontractor shall comply with all environmental pollution prevention regulations, ordinances, and statutes that apply to the project and any work performed pursuant to the CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
contract. Salinas City Code Chapter 29-9 states:
“No person shall contribute or cause to be contributed, directly or indirectly, to the city's storm drainage system any pollutant, wastewater or any substance or material which will interfere with the operation or performance of the storm drainage system, violate the city's NPDES permit or violate other applicable law or regulations.” The Contractor shall comply with the City of Salinas NPDES Permit Order No. R3-2012- 0005 and, if applicable, the State’s current Construction Stormwater General Permit.
Projects that disturb one or more acres of soil or disturb less than one acre but are part of a l
arger common plan of development, are required to obtain coverage under the General Permit for Discharges of Stormwater associated with Construction Activity, Construction General Permit Order No. 2012-0006-DWQ.
Construction activity subject to the CGP includes clearing, grading, and disturbances to the ground such as stockpiling or excavation, or construction activities associated with Linear Underground/Overhead Projects (“LUPs”). The City of Salinas NPDES permit also has additional requirements applicable to construction projects of any size.
S. W
EED CONTROL
• At the discretion of the City, weeds in all lawn areas, planting beds, planted islands, tree wells, shrub wells, parking lots, traffic islands, curb and gutters, sidewalks, and open space shall be removed or killed weekly as the weeds emerge. Weeds shall be mechanically removed (not just killed) if they are larger than 2 inches (5 cm) in height or diameter. Unsightly weeds throughout the districts will be mechanically removed or prevented against throughout all districts.
• All debris resulting from weeding operations shall be removed from the project area on the same day that the weeding operation occurs.
• Should the Contractor desire to use a chemical weed control program, they shall develop said program and submit in writing to the City within 15 days of approval of contract for review and approval. Said program shall be administered in accordance with applicable laws and practices governing the use of chemicals. Said program shall be adhered to unless written approval to change such program is granted by the City Weed oils, granular pellets or any other weed control materials shall be used only in strict conformance with Federal, State, County, and local regulations and codes. The materials must be approved by the City. • T
he Contractor or the Pest Control Operator of the Contractor must have a valid certification appropriate to the pesticide application undertaken, and all weed control must have a written recommendation prepared by a Certified Pest Control Advisor, as required by the Monterey County Agriculture Commissioner. • Any new or existing plants or soil which, in the opinion of the City, have been damaged by applying or lack of applying weed control materials shall be replaced by the Contractor no later than one (1) week after notice of such damage at Contractor’s expense.
CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
• Planter Maintenance: Complete trimming and cultivating of planters and ground cover shall be completed monthly. Weeding shall be performed regularly to avoid establishment of seedlings.
All vegetation shall be sprayed and removed for a distance of eighteen (18) inches from tree trunks to form tree wells. Any additional weed control in turf areas shall be as needed or as directed by the City.
Weed control required and approved within turf areas by the City or designee is considered as part of contract.
• Handling of Pesticides: Care shall be taken in transferring and mixing of pesticides to prevent contaminating areas outside the target area. Application methods shall be used to which ensure that materials are confined to the target area. Spray tanks containing leftover materials shall not be drained on the site. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code or EPA regulations. • Timing: Pesticides shall be applied at times, which limit the possibility of contamination from climatic or other factors and at the proper life cycle of the pests.
Early morning application shall be used, when possible, to avoid contamination from drift. Applicator shall monitor forecast weather conditions to avoid making application prior to inclement weather to eliminate potential runoff of treated areas. • Contractor shall apply spray chemicals when air currents are still; preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in, or near, the project.
T. IN
SECT AND DISEASE CONTROL
• T
he Contractor or the Operator must have a valid certification appropriate to the pesticide application undertaken, and all weed control must have a written recommendation prepared by a Certified Pest Control Advisor as required by the Department of Pesticide Regulation and the Monterey County Agriculture Commissioner.
• The spray materials shall meet all Federal, State, County, and local requirements.
The spray materials must be approved by the City.
• Any applications within 500 feet of any school shall not be made within one hour before or one hour after school hours, as required by applicable pesticide regulations.
• The Contractor shall use a dormant spray fungicide that controls anthracnose and other plant diseases as needed.
• The Contractor shall use an appropriate insecticide and fungicide spray that prevents or controls disease and insect infestations.
• Application of insect and disease control materials shall be within the time best CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
suited to the eradication of the insects and diseases.
• Any new or existing plants or soil which, in the opinion of the City, have been damaged by applying or lack of applying control materials shall be replaced by the Contractor within a week after notice of such damage at his expense. • Scheduled spraying shall be applied twice annually to all deciduous trees and shrubs. The first spraying shall be accomplished while trees or shrubs are in full dormancy. The second spray shall be applied just as the buds start to open.
Contractor’s choice of specific spraying times must be approved by the City. • A program for control of insects and diseases shall be developed by the Contractor and Submitted with supporting manufacturer’s data and submitted in writing to the City within 15 days of the approval of the contract for the City’s review and approval.
• Pesticides shall be stored, transported, and applied only in strict conformance with Federal, State, County, and local regulations and codes. The materials musts be approved by the City in advance of the application.
• I
f spraying cannot be performed for any reason, the contractor shall use tree injections to control infestations according to pesticide label. • Irri
gation water applied after treatment shall be reduced to eliminate runoff. When water is required to increase pesticide efficiency, it shall be applied only in quantities of which each area is capable of receiving without runoff. • C
ontractor shall be responsible to update daily all pesticide, herbicide, and fertilization applications to the City’s PHF on-line app.
U. S
TAKING AND GUYING
N
ewly planted trees shall be kept adequately sta ked at all times. Ties shall be loosened periodically to prevent girdling.
Ne
wly planted trees shall not be left unstacked for more than two (2) working days unless written permission is granted by the City. Trees that have reached a size and stability so as not to require staking shall be exempt from these requirements upon the approval of the City.
Trees under the size of a standard 5-gallon size for the variety shall also be exempt from these requirements unless otherwise required by the City.
V. I
NCLEMENT WEATHER
• D
uring the periods when inclement weather hinders normal operations, the Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather.
• The Contractor shall re‐stake, re‐tie or remove trees or other such activities as required as a result of inclement weather. The Contractor will stay available to assist CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
in any storm related damage repair to sites in this contract. • Contractor shall not work or perform any operations during inclement weather that may destroy or damage ground cover or turf areas. The Contractor shall contact the City or designee for the determination of non‐operation conditions. • The Contractor shall immediately notify the City or designee when the work force has been removed from the job site due to inclement weather or other reasons.
W.
FIRE PREVENTION
C
ontractor shall take all precautionary measures to ensure that while working with (power equipment, vehicles, etc.) in weeded or grassy areas they do not start a fire. All contractor vehicles shall be equipped with fire extinguishers.
Th
e City of Salinas shall not be held liable for any fires due to contractor negligence.
X. UNDE
RGROUND EXCAVATIONS
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ontractor shall be responsible for locating all underground utility lines to ensure the safety of his/her work crew and to protect in place existing utility equipment before commencing any excavation. Contractor shall contact the City or designee and Underground Service Alert (1/800‐227‐2600) 48 hours before commending any excavation, to locate underground service lines.
20. FERTILIZING
The contractor shall provide ten (10) days advance written notice to City of each intended application of fertilizer.
Lawn and All Types of Ground Cover. Commercial fertilizer shall conform to the provisions of Section 20 of the City of Salinas, Standard Specifications Design Standards, 2008.
F
ertilizer shall be a complete fertilizer, part if the elements of which are derived from organic sources; and shall have a guaranteed analysis of:
Element M inimum
Nitrogen 16%
Phosphoric Acid 6%
Water Soluble Potash 4%
and shall be applied at such a rate to insure one pound of actual nitrogen per 1,000 square feet of area per application or as approved by the City. Turf fertilizer shall be applied a minimum of three (3) times during the growing season, two (2) times per growing season for other planted areas to maintain healthy, vigorous growing conditions of all plants at all times.
1. T
rees and Shrubs – Fertilizer tablets shall be 21‐gram size with a guaranteed analysis of, or a departmentally approved equivalent product:
Nitrogen 20.00%
Phosphoric Acid 10.00%
CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
Water Soluble Potash 5.00%
Combined Sulfur 1.60%
Iron 0.35%
and shall be applied at the following rate:
O
ne tablet for each one‐half inch of tree trunk diameter (tree trunk diameter shall me measured within six inches of the ground line) or three tablets per tree, whichever is greater, inserted up to two feet deep, but not less than 8 inches deep, equidistant round the dripline at the end of March each year.
On
e tablet for each shrub shall be inserted up to two feet deep, but not less than eight inches deep, near each shrub at the end of March of each year.
21. HEDGE TRIMMING / TRIMMING EDGING
Hedge Trimming:
All hedges growing in the subject areas shall be trimmed and pruned, to maintain plants in a healthy, growing condition and to maintain plant growth, within reasonable bounds as determined by the City, and to maintain uniform height to prevent encroachment of passageways, walks and streets, and to provide adequate view of signs and vision for vehicular traffic. Dead or damaged limbs or branches, trees or shrubs shall be removed immediately, and all pruning cuts shall be made cleanly with sharp pruning or hedging tools with no projections or stubs remaining. All cuttings, branches, and leaves shall be removed and disposed of before the end of the workday.
Traffic signs, cones, etc., shall be used in accordance with City Standards.
S
ite Clean-Up:
Disposal – All disposal of material generated from the pruning operations is the sole responsibility of the Contractor engaged in the operation. This shall include wood, foliage, and other organic material. Dust and dirt shall be kept to a minimum during the pruning process and shall be removed at the end of each day’s operations or at the completion of work at individual sites prior to the Contractor leaving the site. No wood shall be left at the site of work unless prior approval of the City or designated representative has been obtained. The costs of disposal of all wood and other debris generated by the project is included in the cost of the project costs and shall not be declared as additional costs to the project.
22. TEMPORARY TRAFFIC SIGNAGE
All work and materials for signs shall conform to the California 2014 California Manual on Uniform Traffic Control Devices, and as shown on the Plans. The Contractor shall furnish all mounting hardware. Signs shall be constructed of 0.080” thick aluminum alloy.
Al
l temporary traffic signs shall have Diamond Grade 3-M reflective sheeting (or approved equal by the City). The reflective sheeting shall conform to the Federal Specifications L-S300A.
T
he Contractor shall remove all temporary traffic signs, hardware, and posts when the work is complete.
CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
23. CONTROL OF WORK
Damages to Existing Facilities – Plant materials, portions of existing structures or facilities, including irrigation systems, which are damaged or altered in any way during the performance of work in this project, shall be immediately repaired or replaced in kind by the Contractor at their expense and in a manner approved by the City.
E
mergency Call – Contractor shall respond to emergency calls for matters covered by this contract immediately without additional cost to the City. Contractor shall furnish the department with names and phone numbers of personnel available for emergency call‐out purposes.
L
ock and Keys ‐ The Contractor shall be responsible for the series of keys assigned to it and shall assign these keys to its personnel for use in maintaining the facilities. The Contractor shall properly use and keep safe all keys or locks issued by the City to the Contractor. The Contractor shall report all lost or stolen keys or locks to the City within 24 hours of discovery. The Contractor shall reimburse the City for the total cost of replacement keys and/or locks that have been lost.
24. CONFIDENTIALITY
The California Public Records Act (Cal. Govt. Code Sections 6250 et seq.) mandates public access to government records. Therefore, unless information is exempt from disclosure by law, the content of any request for explanation, exception, or substitution, response to this RFP, protest, or any other written communication between the City and contractor, shall be available to the public.
The City intends to release all public portions of the proposals following the evaluation process at such time as a recommendation is made to the City Council.
I
f contractor believes any communication contains trade secrets or other proprietary information that the contractor believes would cause substantial injury to the contractor’s competitive position if disclosed, the contractor shall request that the City withhold from disclosure the proprietary information by marking each page containing such proprietary information as confidential.
Contractor may not designate its entire proposal as confidential nor designate its Price Proposal as confidential.
S
ubmission of a proposal shall indicate that, if contractor requests that the City withhold from disclosure information identified as confidential, and the City complies with the contractor’s request, shall assume all responsibility for any challenges resulting from the non- disclosure, indemnify and hold harmless the City from and against all damages (including but not limited to attorney’s fees that may be awarded to the party requesting the contractor information), and pay any and all costs and expenses related to the withholding of contractor information. contractor shall not make a claim, sue, or maintain any legal action against the City or its directors, officers, employees, or agents concerning the disclosure, or withholding from disclosure, of any contractor information. If contractor does not request that the City withhold from disclosure information identified as confidential, the City shall have no obligation to withhold the information from disclosure and may release the information sought without any liability to the City.
25. EX PARTE COMMUNICATIONS
CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
Contractor and contractors’ representatives should not communicate with the City Council members about this RFP. In addition, contractors and contractors’ representatives should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, including any member of the evaluation panel, with the exception of the submitting questions on the City’s Planet Bids bid portal regarding this RFP until after Agreement Award.
Contractors and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.
A "
contractor" or "contractors’ representative" includes all of the contractor’s employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the contractor’s proposal, and any individual or entity who has been requested by the contractor to contact the City on the contractor’s behalf. Contractors shall include the Ex Parte Communications form with their pr
oposals certifying that they have not had or directed prohibited communications as described in this section.
26. CONFLICT OF INTEREST
The contractor warrants and represents that it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code sections 1090 et seq., or sections 87100 et seq., during the performance of services under any Agreement awarded. The contractor further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable.
27. CONDITIONS TO AGREEMENT
The selected contractor will execute an Agreement for Services with the City describing the Scope of Services to be performed, the schedule for completion of the services, compensation, and other pertinent provisions. The contract shall follow the sample form of Agreement provided as Attachment B to this RFP, which may be modified by City. All Proposers are directed to particularly review the indemnification and insurance requirements set for th in the sample Agreement.
T
he terms of the agreement, including insurance requirements have been mandated by the City and can be modified only if extraordinary circumstances exist. Submittal of a proposal shall be deemed acceptance of all the terms set forth in this RFP and the sample Agreement for Services.
28. DISQUALIFICATION QUESTIONNAIRE
Contractors shall complete and submit, under penalty of perjury, a standard form of questionnaire inquiring whether a contractor, any officer of a contractor, or any employee of a contractor who has a proprietary interest in the contractor, has ever been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local government project because of a violation of law or safety regulation and if so, to explain the circumstances. A proposal may be rejected on the basis of a contractor, any officer or employee of such contractor, having been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, CITY OF SALINAS REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES February 2024
or local project because of a violation of law or a safety regulation. See Attachment D.
29. INSPECTIONS
Monthly inspections of the project site shall be scheduled by the City’s authorized representative.
This site inspection shall require that both the Contractor and City representative review the progress and satisfaction of the work product and to plan any work necessary to meet the tree maintenance. Deficiencies noted during inspections shall be fixed as soon as possible, but in no case will the same deficiency be tolerated on the next monthly inspection.
S
hould the Contractor fail to correct maintenance deficiencies within the first month of observation by the designated City staff project inspector, a payment reduction of an amount up to 25% of the total monthly maintenance fee may be withheld. In the event the Contractor fails to correct said d
eficiencies within the next month’s billing period, the City may then retain an additional amount, up to 35% of that month’s regular maintenance fee. Failure to correct deficiencies may result in forfeiture of performance/payment bond as well as termination of this contract.
CITY OF SALINAS
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REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES ATTACHMENT A: SAMPLE AGREEMENT
AGREEMENT FOR SERVICES BETWEEN
THE CITY OF SALINAS AND XXX
THIS AGREEMENT is executed this day of , 201_, (“Agreement” or “Contract”) between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”) and [ ] (Hereinafter “Contractor”).
IT IS H
EREBY 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:
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. T
erm. The work under this Agreement shall commence date of start of work and shall be completed by date of end of work 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, . 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. I
nsurance. Contractor shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in hereto in Exhibit.
7. I
ndemnification. 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
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REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES 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. L
icensing. 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. T
ermination. 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. No
n-Assignability. The rights and obligations of Contractor hereunder are not assignable and cannot be delegated without written consent of City.
12. E
ntire 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. V
alidity. 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. L
aws. Contractor agrees that in the performance of this Agreement it will comply with all applicable State, Federal and local laws and regulations, including all Department of Industrial Relations’ State Labor law requirements. 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.
I
N WITNESS WHEREOF, this Agreement is entered into by the parties hereto on the day and year first written above.
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REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES ATTACHMENT B: INSURANCE REQUIREMENTS
C
ontractor 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.
MI
NIMUM 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.
I
f 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 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.
O
ther 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 or on behalf of the Contractor. General liability coverage can be
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REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES 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.
A
cceptability 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.
Wai
ver 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 Ci ty 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.
S
ubcontractors
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
CITY OF SALINAS
March 2022 Page 47 of 90
REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES Maintenance of insurance by Contractor as specified shall in no way be interpreted as relieving 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.
S
pecial 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.
CITY OF SALINAS
March 2022 Page 48 of 90
REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES ATTACHMENT C-1: PRICING PROPOSAL FORM
Tree Maintenance and On-Call Services
S
ALINAS, CALIFORNIA
FROM:
N
AME OF BIDDER:______________________________________________________________________ B
USINESS ADDRESS:____________________________________________________________________ (STREET ADDRESS)
C
ITY:______________________________________ STATE:______________ ZIP:___________________ P
HONE:________________________________________________________________________________ R
ESIDENCE ADDRESS:__________________________________________________________________ C
ITY:______________________________________ STATE:______________ ZIP:___________________ P
HONE:________________________________________________________________________________ G
entlemen / Ladies:
P
ursuant to the foregoing Notice to Bidders, the undersigned hereby proposes and binds himself/herself on award by the City under this Proposal to execute in accordance with such award, a Contract with necessary bonds of which this Proposal, the Notice to Bidders, and these Plans and Specifications shall be a part, to furnish any and all required labor, material, and services for performing and completing the work set forth in the said Specifications and shown on the Plans accompanying them, within the time hereinafter set forth and at the prices named in this Proposal as follows:
B
y checking this box, the Bidder hereby affirms it meets the requirements set forth under Chapter 12 Article III A – Local Purchasing Preference. All Local Contractors must have a Declaration of Local Business Enterprise form filed with the City of Salinas Finance Department.
A
ll of the Proposal items below shall include all labor, materials, tools, equipment, and incidental costs for each item complete or complete-in-place, per Plans and Specifications.
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REE MAINTENANCE AND ON-CALL SERVICES
PROPOSAL ITEMS
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his contract is for issuing work orders for General Tree Care, including all aspects of tree work/care for the entire City of Salinas, as well as On-Call services for emergencies pertaining to all tree work/care for the City of Salinas, for the duration of Three (3) years, with the option for an additional two (2) year term with an inflation rate increase per the ENR Cost Index.
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he City may award up to two individual contracts but reserves the right to reject any and all proposals, and waive irregularities in any Proposal received. The City further reserves the right to award or reject the Base Bid(s) in any combination it chooses, or any item(s) within, depending on available funding.
CITY OF SALINAS
March 2022 Page 49 of 90
REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES Base Bid 1 – Grid Pruning
Item Description Quantity Unit of
Measure
Unit
Price
Total
1 Regularly Scheduled (“Grid”) Pruning
with a minimum 350 trees per grid, various
species, and sizes.
Includes Pedestrian Clearance, Vehicle
Clearance, Building Clearance, Crown
Thinning, Defective or Dead Limb
Removal and Outer Canopy Shaping.
350 Per Tree $_______ $___________
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otal Base Bid 1 (Item 1) ______________________________________________ $__________________ Base Bid 2 – Tree Maintenance and On-Call Services
Item Description Quantity Unit of
Measure
Unit
Price
Total
2 Pruning 0-6 Diameter Measurement at
Shoulder Height (DSH)
1 Each $_______ $___________
3 Pruning 7-12 DSH 1 Each $_______ $___________
4 Pruning 13-18 DSH 1 Each $_______ $___________
5 Pruning 19-24 DSH 1 Each $_______ $___________
6 Pruning > 24 DSH 1 Each $_______ $___________
7 Tree only removal < 24 1 Per Inch
Diameter
$_______ $___________
8 Tree only removal > 24 1 Per Inch
Diameter
$_______ $___________
9 Stump removal only 1 Per Inch
Diameter
$_______ $___________
CITY OF SALINAS
March 2022 Page 50 of 90
REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES 10 Street tree/tree well Planting 15-gallon
tree, labor and materials (Per City Standard
Plan 11 & SW39 Complete in Place
1 Each $_______ $___________
11 Street tree/tree well Planting 24” box tree,
labor and materials (Per City Standard Plan
11 & SW39) Complete in Place
1 Each $_______ $___________
12 Open turf Planting 15-gallon tree, labor
and materials (Per City Standard Plan 11 &
SW39) Complete in Place, without root
barrier.
1 Each $_______ $___________
13 Open turf Planting 24” box tree, labor and
materials (Per City Standard Plan 11 &
SW39) Complete in Place, without root
barrier.
1 Each $_______ $___________
14 Street tree/tree well Planting 15-gallon
tree, labor and materials (Per City Standard
Plan 11 & SW39 Complete in Place
(Exclude Cost of Tree, City to Furnish)
1 Each $_______ $___________
15 Street tree/tree well Planting 24” box tree,
labor and materials (Per City Standard Plan
11 & SW39) Complete in Place (Exclude
Cost of Tree, City to Furnish)
1 Each $_______ $___________
16 Open turf Planting 15-gallon tree, labor
and materials (Per City Standard Plan 11 &
SW39) Complete in Place, without root
barrier. (Exclude Cost of Tree, City to
Furnish)
1 Each $_______ $___________
17 Open turf Planting 24” box tree, labor and
materials (Per City Standard Plan 11 &
SW39) Complete in Place, without root
barrier. (Exclude Cost of Tree, City to
Furnish)
1 Each $_______ $___________
18 Crew Rental, per man hour 1 Hour $_______ $___________
CITY OF SALINAS
March 2022 Page 51 of 90
REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES 19 Emergency Call Out, per man hour 1 Hour $_______ $___________ 20 Special Equipment Rental, with Operator 1 Hour $_______ $___________ T
otal Base Bid 2 (Items 2-20) __________________________________________ $__________________ T
otal Base Bid 1 plus Base Bid 2 (Items 1-20) ____________________________ $__________________ Pricing shall remain firm for a minimum of three (3) years. Any and all requests for pricing adjustments for follow-up contract renewal periods shall be provided no later than sixty (60) days prior to the end of the contract period. A two (2) year extension can be requested with a written letter. Any such proposed price adjustments shall not exceed The Bureau of Labor Statistics Consumer Price Index (CPI) data for All Urban Consumers in area: San Francisco -Oakland-San Jose, CA, All Items, Not Seasonally Adjusted, “annualized change comparing the original proposal month and the same month in the subsequent year. (This information may be found on the U.S.
Department of Labor’s website at www.bls.gov.)
CITY OF SALINAS
March 2022 Page 52 of 90
REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES ATTACHMENT C-2: SITUATIONAL COST ESTIMATES
AND WORK APPROACH
F
or this portion of the proposal, the City asks that the contractor review four work scenarios that will likely take place under the proposed contract. Contractor should visit the worksites and then answer the following questions about each task, including a total cost estimate for the work, and how the firm would approach the work task. The evaluation committee will review both the cost estimate and the approach to work.
T
he hypothetical work tasks presented are at three City locations: Central Park (420 Central Ave), Sherwood Park (920 N. Main Street), and Santa Lucia Park (302 Elmwood St.). The attached map and pictures show the four specific task locations. A description of each work task is provided below, along with corresponding questions.
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each each Scenario, visit the site, and then answer the corresponding questions.
HYPOTHETICAL TASK ONE:
C
rown Reduction and Safety Trim of all Eucalyptus Trees around the perimeter of Central Park.
A
t Central Park there are several Eucalyptus trees on Villa Street and Park Street. For this estimate, assume that the crown reduction and safety trim is needed for each tree. • What is the total cost estimate for this task? $________________ (Please include all labor, equipment, material, and other costs that may be billed to the city) • Please name the tree species: __________________________ • Please describe the firm’s approach to work for this type of task:
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ (Attach additional sheet if necessary for answer)
• What would the pruning specifications be (i.e., how much would be trimmed?) __________________
• How many workers would be on site for this task? ___________
CITY OF SALINAS
March 2022 Page 53 of 90
REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES HYPOTHETICAL TASK TWO:
P
erform clearance trimming for pedestrian foot traffic at Central Park.
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he task would consist of clearance trimming of all trees within the park. (Minimum clearance 6ft / Maximum clearance 12ft depending on species).
• What is the total cost estimate for t his task? $__________________________ (Please include all labor, equipment, material, and other costs that may be billed to the City.) • Identify the tree species and DBH: _________________________ • Please describe the firm’s approach to work for this type of task:
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________
CITY OF SALINAS
March 2022 Page 54 of 90
REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES ____________________________________________________________________________ ____________________________________________________________________________ (Attach additional sheet if necessary for answer)
• Give a BRIEF assessment of this tree? _________________________________________ • How many hours would it take to complete this task? _____________ HYPOTHETICAL TASK THREE:
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emoval of hypothetical hazardous tree at Sherwood Park. (Detail location of the proposed removal is on map)
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herwood Park front entrance. This tree has been hypothetically deemed a hazard and needs to be removed due to safety for foot traffic and vehicle safety. • What is the total cost estimate for this task? $___________________________ (Please include all labor, equipment, material, and other costs that may be billed to the City.)
CITY OF SALINAS
March 2022 Page 55 of 90
REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES • Identify the tree species and DBH: __________________ • Please describe the firm’s approach to work for this type of task:
__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ (Attach additional sheet if necessary for answer)
• How many workers would be on site for this task? _________________ • What equipment would be needed to complete this task? _________________________ _______________________________________________________________________ H
YPOTHETICAL TASK FOUR:
CITY OF SALINAS
March 2022 Page 56 of 90
REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES Tree trimming – Full detail pruning of tree at Santa Lucia Park T
he task at Santa Lucia Park would be completing a full detail trim on the Oak Tree located on the attached map of the park.
• What is the total cost estimate for this task? $______________________ (Please include all labor, equipment, material, and other costs that may be billed to the City.) • Please describe the firm’s approach to work for this type of task:
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ (Attach additional sheet if necessary for answer)
• How many workers would be on site for this task? _________________ • What equipment would be needed to complete this task? ___________________________ _________________________________________________________________________
CITY OF SALINAS
March 2022 Page 57 of 90
REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES ATTACHMENT D: DISQUALIFICATION QUESTIONNAIRE
The Contractor shall complete the following questionnaire and submit with Proposal:
Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation?
Yes No
If the answer is yes, explain the circumstances in the following space.
Signature of Contractor
CITY OF SALINAS
March 2022 Page 58 of 90
REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES ATTACHMENT E: DECLARATION OF LOCAL BUSINESS
ENTERPRISE FORM
Business Information (All information must be completed) (Please type or print clearly in ink)
Business Name:
Business Address:
Local Business Office Address: , Salinas, California
City of Salinas Business License Number:
No. of Employees: No. of Full-Time Employees in Salinas Current on all City of Salinas taxes, fees, assessments, and fines? □ Yes □ No C
urrently subject to enforcement action by the City or in litigation with the City? □ Yes □ No
Y
ear began doi ng business within the city of Salinas:
Newly established business (doing business within the city of Salinas less than one year): is the newly established business owned by an individual(s) formerly employed by a local business
enterprise? □ Yes □ No If Yes, for what years? Any person claiming to be a local business enterprise as defined in Article III-A of Chapter 12 of the Salinas Municipal Code shall so certify in writing under penalty of perjury that they meet all the criteria listed in Salinas Municipal Code section 12 -28.020, subsection (d). A local business enterprise shall be required to submit such declaration on an annual basis and shall immediately notify the City’s Purchasing Officer if there is any change in circumstances which would disqualify it from application of the preference. The City shall not be responsible or required to verify the accuracy of any such certifications and shall have sole discretion to determine if a person meets the definition of “local business enterprise.”
CITY OF SALINAS
March 2022 Page 59 of 90
REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES
CERTIFICATION
I
declare that I am 18 years of age or older and the information contained in the foregoing application is true and correct to the best of my knowledge. Under penalties of perjury, I certify that all the information provided herein is correct and that the business enterprise I am representing meets all of the criteria set forth in Salinas Municipal Code section 12 -28.020, subsection (d) for a “local business enterprise.” I declare that I am authorized to submit this Declaration for and on behalf of myself and the organization described above.
Signature Date
Printed Name: ________________________________
[ state].
Signed
Title
CITY OF SALINAS
March 2022 Page 60 of 90
REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES ATTACHMENT F: PAYMENT BOND
(LABOR AND MATERIAL BOND)
KNOW ALL MEN BY THESE PRESENT, that WHEREAS, the City Council of the City of Salinas, Monterey County, State of California, by Resolution No. (N.C.S.) passed , 20 , has been awarded to
h ereinafter designated as
"Principal," a Contract for
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REE MAINTENANCE AND ON-CALL SERVICES
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HEREAS, said Principal is required to furnish a bond in connection and with said Contract, provided that if said Principal or any of his/her or its Subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance for the work Contracted to be done for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extend hereinafter set forth; W
HEREAS, said Principal is required under the terms of said Contract to furnish a Bond for the faithful performance of said Contract:
Now, therefore, We, the Principal and as
Surety, are held and firmly bounded to the City of Salinas, Monterey County, California, in the penal sum of
($ ) Dollars, lawful money of the United States, being
not less than 100% of the estimated Contract cost of the work, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
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HE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, or any of his/her heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for, or about the performance of the work Contracted to be done, or for any work or labor thereon of any respect to such work or labor, as required by the provisions of Division 2, Part 1, Chapter 5 of the Public Contracts Code of the State of California, and provided that the persons, companies, or other supplies, teams, appliances, or power used in, upon, for, or about the performance of the work contracted to be executed or performed, or any person, company, or corporation renting or hiring teams, implements, or machinery of power for or contributing to said work to be done, or any person who performs work or labor upon same, or any person who supplies both work and materials therefore, shall have complied with the Provisions of said Government Code, then said Surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court, awarded and taxed as in the above-mentioned Code provided.
This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under said Government Code so as to give a right to action to them or their assigns in any suit brought upon this bond.
CITY OF SALINAS
March 2022 Page 61 of 90
REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, to the work to be performed thereunder, or the Specifications accompanying the same shall in anyway affect its obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, to the work, or to the Specifications.
IN WITNESS W HEREOF, the above bond parties have executed this instrument under their seals this day of , 20 , the name and corporate
seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative; pursuant to authority of its governing body.
Principal Name:
Address:
(Attach Notary Acknowledgment) By:
By:
Surety Name:
Address:
(Signature in blue ink)
(Signature in blue ink)
(Attach Notary Acknowledgment) By:
B
y:
(Signature in blue ink)
(Signature in blue ink)
CITY OF SALINAS
March 2022 Page 62 of 90
REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES ATTACHMENT G: PERFORMANCE BOND
(To be completed and submitted after project award)
KNOW ALL MEN BY THESE PRESENT, that WHEREAS, the City Council of the City of Salinas, Monterey County, State of California, by Resolution No. ___________________________________(N.C.S.) passed ___________________________________________________________, 2024, has been awarded to ____________________________________________________________ hereinafter designated as "Principal," a Contract for constructing
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REE MAINTENANCE AND ON-CALL SERVICES
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HEREAS, said Principal is required under the terms of said Contract to furnish a Bond for the faithful performance of said Contract;
Now, therefore, We, the Principal and _____________________________________________________ as S
urety, are held and firmly bounded to the City of Salinas, Monterey County, California, in the penal sum of
____________________________________________________________________________________ ($__________________________________ ) Dollars, lawful money of the United States, being not less than 100% of the estimated Contract cost of the work, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
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HE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said Contract and any alterations made as therein provided, on his/her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Salinas, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
As a condition precedent to the satisfactory completion of the said Contract the above obligation in the amount of not less than 10% of the estimated Contract cost, shall hold good for a period of 1 year after the completion acceptance of the said work, during which time if the above bound Principal, his/her or its heirs, executors, administrators, successors or assigns shall fail to make full complete and satisfactory repair and replacements or totally protect the said City of Salinas from loss or damage made evident during said period of 1 year from the date of acceptance of said work, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the amount of not less than 10% of the total Bid Proposal cost shall remain in full force and virtue, otherwise the above obligation shall be void. However, nothing in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains.
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or any moneys earned by the Principal and withheld by the City of Salinas to ensure the performance of the Contract, the Principal may, at his/her request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Section 22300 of the Public Contracts Code of the State of California.
CITY OF SALINAS
March 2022 Page 63 of 90
REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration and addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contractor or to the work or to the Specifications.
I
N WITNESS WHEREOF the above bond parties have executed this instrument under their seals this ___________________day of _______________________________, 2024, the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative; pursuant to authority of its governing body.
P
rincipal Name: ____________________________________________ A
ddress: ____________________________________________
_________
___________________________________
(
Attach Notary Acknowledgement) By:____________________________________________ (Signature in Blue Ink)
By:____________________________________________
(Signature in Blue Ink)
Surety Name:____________________________________________ Address:____________________________________________
____________________________________________
(
Attach Notary Acknowledgement) By:____________________________________________ (Signature in Blue Ink)
By:____________________________________________
(Signature in Blue Ink)
CITY OF SALINAS
March 2022 Page 64 of 90
REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES ATTACHMENT H:
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY,
TECHNICAL ABILITY AND EXPERIENCE
(This form must be completed and submitted with this Bid) T
he Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references which will enable the City Council to judge his/her responsibility, experience, skill and business standing.
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he undersigned submits herewith a statement of his/her financial responsibility.
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he undersigned submits below a statement of the work of a similar character to that included in the Proposed Contract which he/she has successfully performed. (Include the type of work, name and phone number of all references.)
TY
PE NAME PHONE NUMBER
_________
______________________________________________________________________________ _________
______________________________________________________________________________ _________
______________________________________________________________________________ _________
______________________________________________________________________________ _________
______________________________________________________________________________ _________
______________________________________________________________________________ _________
______________________________________________________________________________ _________
______________________________________________________________________________ _________
______________________________________________________________________________ _________
______________________________________________________________________________ _________
______________________________________________________________________________ _________
______________________________________________________________________________ SIGNED:_______________________________________________________________________________________ (Signature) (Date) Attach Notary Acknowledgement if signature is not the same as the Proposal signature(s)
CITY OF SALINAS
March 2022 Page 65 of 90
REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES ATTACHMENT I:
NON-COLLUSION DECLARATION OF CONTRACTOR
(This form must be completed and submitted with this Bid) S
tate of _____________________________,
}SS
County of ___________________________,
_________
_________________________________________, being first duly sworn, deposes and says that:
I
am the (owner, partner, officer, representative, or agent) of ____________________________________, The party making the foregoing Bid:
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he Bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not, directly or indirectly, induced or solicited any other bidder to put in a false or sham Bid. The Bidder has not, directly or indirectly, colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham Bid or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price or of that of any other bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof or the contents thereof or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any person or entity for such purpose.
A
ny person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.
I
declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _________[date], at ____________[City], ________[state].
S
igned: ________________________________________________ _________
_______________________________________
Title
A
ttach Notary Acknowledgement if signature is not the same as the Proposal signature(s)
CITY OF SALINAS
March 2022 Page 66 of 90
REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES ATTACHMENT J:
INSURANCE CERTIFICATION
(This certification shall be completed and submitted with the proposed Bid) B
y signing below, I hereby certify that __________________________________________________________ (Insert company name)
is currently insured by an insurance company that is an “Authorized” carrier by the Insurance Commissioner of the California State Department of Insurance to transact the business of insurance in the State of California and shall be written by insurers with a current A.M. Best Rating of “A- Class VIII” or better, and a financial size of “VII” or greater. Said insurance will expire on__________.
I
further hereby certify that, as the signer of this Bid Proposal, I have read and understand the City’s insurance requirements as described in the Section entitled “Certificate of Insurance - Requirements” within these Specifications and that proof of insurance shall be required before the Public Works Services Contract is recommended for Award. Such proof shall be provided on an ISO Accord 25(s) form and an endorsement naming the City of Salinas as additionally insured is on the ISO CG 20 10 11 85 form or any other comparable endorsement, which does not further limit coverage, and which may be approved and accepted by the City’s Legal Department’s Risk Management staff.
______________________________________________________________
(Print Name)
S
ignature of Bidder: ______________________________________________________________ (Signature) (Date)
A
ttach Notary Acknowledgement if signature is not the same as the Proposal signature(s)
CITY OF SALINAS
March 2022 Page 67 of 90
REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES ATTACHMENT K:
BIDDER’S STATEMENT OF SUBCONTRACTORS – PART I
(This form shall be completed and submitted with this Bid) N
o Subcontractors, other than those listed hereon, shall be allowed to perform work under this Contract. Substituting a Subcontractor in place of a Subcontractor listed in the original Bid is prohibited, violators, may at the City’s discretion, result in cancellation of the Bid.
T
he Contractor and all Subcontractors shall have valid Contractor’s licenses for the classification of work performed, prior to award of Contract, and throughout the Contract.
T
he Contractor and all Subcontractors must possess and maintain a current Public Works Contractor registration with the Department of Industrial Relations (DIR), at the time Bid is submitted, and throughout the Contract.
NO. TYPE OF WORK SUBCONTRACTOR CITY DIR
Registration No.
LICENSE NO./
STATE
S
igned ______________________________________
(Signature) (Date)
Attach Notary Acknowledgement if signature is not the same as the Proposal signature(s)
CITY OF SALINAS
March 2022 Page 68 of 90
REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES ATTACHMENT L:
BIDDER’S STATEMENT OF SUBCONTRACTORS – PART II
(This information may be submitted with your Proposal. If it is not, and you are the apparent low Bidder or the second low Bidder, it shall be submitted and received by the Public Works Department no later tha n 5 working days after Bid opening date.)
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he undersigned submits herewith a list of Subcontractors whom he/she proposes to employ on the work, with the proper firm name and business address of each.
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f no list submitted, it shall be assumed that the Contractor shall do all the work as specified.
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o Subcontractors, other than those listed in Bidders Statement of Subcontractors – Part I, shall be allowed to perform work under this Contract. Substituting a Subcontractor in place of a Subcontractor listed in the original Bid is prohibited, violators, may at the City’s discretion, result in cancellation of the Bid.
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he Contractor and all Subcontractors shall have valid Contractor’s licenses for the classification of work performed, at time of award of Contract, and throughout the Contract. All prospective Contractors may use the website https://www.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx t o check each
Subcontractor’s license status and expiration dates.
T
he Contractor and all Subcontractors must possess and maintain a current Public Works Contractor registration with the Department of Industrial Relations (DIR), at the time Bid is submitted, and throughout the Contract. All prospective Contractors may search the DIR’s Public Works Contractor Registration searchable database https://cadir.my.salesforce-sites.com/ContractorSearch to verify each Subcontractor’s registration status.
Subcontractor: ___________________________________________ License No. / State: ________________ DIR Registration No.: ____________________________ DIR Registration Expiration Date: ______________ Address: ______________________________________ City: ____________________ Zip: _____________ Description of Work: ______________________________________________________________________ Telephone: ________________ Fax: _______________ Email Address: ______________________________ Bid Item No. & % of each: __________________________________________________________________ Subcontractor: ___________________________________________ License No. / State: ________________ DIR Registration No.: ____________________________ DIR Registration Expiration Date: ______________ Address: ______________________________________ City: ____________________ Zip: _____________ Description of Work: ______________________________________________________________________ Telephone: ________________ Fax: _______________ Email Address: ______________________________ Bid Item No. & % of each: __________________________________________________________________ C
ontractor shall provide all Subcontractor information requested above.
CITY OF SALINAS
March 2022 Page 69 of 90
REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES BIDDER’S STATEMENT OF SUBCONTRACTORS – PART II-cont.
Subcontractor: ___________________________________________ License No. / State: ________________ DIR Registration No.: ____________________________ DIR Registration Expiration Date: ______________ Address: ______________________________________ City: ____________________ Zip: _____________ Description of Work: ______________________________________________________________________ Telephone: ________________ Fax: _______________ Email Address: ______________________________ Bid Item No. & % of each: _________________________________________________________________ Subcontractor: ___________________________________________ License No. / State: ________________ DIR Registration No.: ____________________________ DIR Registration Expiration Date: ______________ Address: ______________________________________ City: ____________________ Zip: _____________ Description of Work: ______________________________________________________________________ Telephone: ________________ Fax: _______________ Email Address: ______________________________ Bid Item No. & % of each: _________________________________________________________________ Subcontractor: ___________________________________________ License No. / State: ________________ DIR Registration No.: ____________________________ DIR Registration Expiration Date: ______________ Address: ______________________________________ City: ____________________ Zip: _____________ Description of Work: ______________________________________________________________________ Telephone: ________________ Fax: _______________ Email Address: ______________________________ Bid Item No. & % of each: _________________________________________________________________ Subcontractor: ___________________________________________ License No. / State: ________________ DIR Registration No.: ____________________________ DIR Registration Expiration Date: ______________ Address: ______________________________________ City: ____________________ Zip: _____________ Description of Work: ______________________________________________________________________ Telephone: ________________ Fax: _______________ Email Address: ______________________________ Bid Item No. & % of each: _________________________________________________________________ C
ontractor shall provide all Subcontractor information requested above.
S
IGNED: _______________________________________________________________________________ (Signature) (Date)
A
ttach Notary Acknowledgement if signature is not the same as the Proposal signature(s)
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REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES ATTACHMENT M:
NON-COLLUSION DECLARATION OF SUBCONTRACTOR
(This form must be completed and submitted with this Bid) S
tate of _____________________________,
}SS
County of ___________________________,
_________
_________________________________________, being first duly sworn, deposes and says that:
He/she is (owner, partner, officer, representative, or agent) of __________________________, hereinafter referred to as the “Subcontractor”;
He/she is ful ly informed respecting the preparation and contents of the Subcontractor’s Proposal submitted by the Subcontractor to __________________________________________________, the Contractor for certain work in connection with the __________________________ _________ ______________________________________________(City or County and State); The proposal is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation. The proposal is genuine and not collusive or sham. The Subcontractor has not, directly or indirectly, induced or solicited any other bidder to put in a false or sham Bid. The Subcontractor has not, directly or indirectly, colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham Bid, or to refrain from bidding.
The Subcontractor has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price or of that of any other bidder. All statements contained in the proposal are true. The Subcontractor has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any person or entity for such purpose.
A
ny person executing this declaration on behalf of a Subcontractor that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, he reby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Subcontractor.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ______[date], at ____[city], ___[state].
Signed ________________________________
______________________________________
Title
A
ttach Notary Acknowledgment
CITY OF SALINAS
March 2022 Page 71 of 90
REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES ATTACHMENT N:
LOCAL HIRING ADMINISTRATIVE MEMORANDUM 98-2
(Updated 07/20/98)
(Updated 03/01/03)
EFFECTIVE DATE: JUNE 19, 1998
S
UBJECT: GUIDELINES FOR IMPLEMENTATION OF
LOCAL HIRING FOR PUBLIC WORKS
(Responsible Department – Public Works)
PURPOSE:
T
hese administrative guidelines implement Salinas City Code Chapter 12, Article IV (the “Ordinance”). The terms used in these Administrative Guidelines shall be defined as in the Ordinance.
GENERAL POLICY AND PROCEDURE:
A. PERSONS SUBJECT TO GUIDELINES:
T
hese guidelines apply to all Contractors and Subcontractors who provide labor or materials for any P
ublic Works Contract that is subject to competitive bidding requirements, unless prohibited by state or federal law.
B. LOCAL HIRING GOAL:
T
he Contractor shall make a good faith effort to hire qualified individuals, including any Subcontractor’s work force, who are residents of the Monterey Bay area, so that no less than 50% of the Contractor’s total construction workforce, including any Subcontractor work force, measured in labor work hours, sh
all be comprised of Monterey Bay Area residents. The documentation required by these Guidelines is intended to show the Contractor’s, and Subcontractor’s, good faith efforts towards that goal.
C. PERSONS WHO ARE LOCAL HIRES:
T
he local hiring goal applies to any “qualified individual” who is in a certified state or federally approved apprenticeship program in an applicable trade or has become a journeyperson in his or her applicable trade with 5 years’ experience or more. In order to be considered a “local hire” each qualified individual must either:
1. Reside in the Monterey Bay Area (Monterey, Santa Cruz, and San Benito Counties) prior to the advertisement of the competitive bid on the Public Works Contract, or,
2. Be hired through a local hiring hall that has jurisdiction over all or part of the Monterey Bay Area.
D. GOOD FAITH EFFORT:
A
good faith effort on the part of the Contractor or Subcontractor shall include a review of the current local hire requirements and existing staffing for compliance with the requirements. If they are not in c
ompliance, or need to do additional hiring for the project, the Contractor or Subcontractor shall, at a minimum, perform all of the following hiring and documentation efforts:
1. Advertise for qualified Monterey Bay Area residents in trade papers and newspapers that have a
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REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES general circulation within the area.
2. Contact local recruitment sources to identify qualified individuals who are Monterey Bay Area residents (Public Works Administration shall maintain a List of Potential Local Hire Recruitmen t S
ources in the Public Works office for review by any interested party. This list shall not be considered a complete record of all sources but rather a catalogue of contacts that may provide referral numbers for assisting Contractors in meeting their local hiring obligations. The list shall be updated periodically.)
3. Document and submit all efforts to meet the ordinance requirements on forms available in the Bid documents and at the Salinas Public Works Department.
E. NOTICE TO SUBCONTRACTORS:
T
he Contractor shall include in all Contracts with Subcontractors on City Public Works Contracts the language required by Salinas City Code Section 12-32 (6).
F. REQUIRED DOCUMENTATION:
T
he Contractor and/or Subcontractor shall complete all of the following documents and submit them within the time specified:
1. Statement Of Good Faith For Local Hire
E
very Contractor participating in a competitive Bid on a Public Works Contract shall include a completed and signed Statement of Good Faith for Local Hire form, which will be supplied in the Bid documents. If at any time during the term of the Contract additional employees or Subcontractors are hired for the project, a revised Statement of Good Faith For Local Hire form shall be completed, signed, and submitted, including any additional employees or Subcontractors, with the weekly prevailing wage statement as required in the Plans and Specifications of the project for the week immediately following the addition of employees or Subcontractors.
2. Local Hiring Residency Compliance Form
D
uring the term of the Contract, a Local Hiring Residency Compliance Documentation form shall be completed, signed and submitted with each weekly prevailing wage statement as required in the Plans and Specifications of the project.
G. TRACKING AND MONITORING:
A
t the time of Bid opening, all documents and Contract language required in the Proposal and A
greement shall be checked for compliance with this Article. Any Subcontractors listed in the Proposal shall also have their Contract submissions checked for the appropriate documentation and language at that time. The City employees opening the Bids shall also determine whether the names of any Contractors, Subcontractors, or Bidders have been disqualified by the City and are not authorized t o
pe
rform City Contracts. If any Bidder or Subcontractor fails to comply with the good faith local hiring provisions required by the ordinance in its Bid submissions prior to awards, the Bidder shall be declared t
o be a non-responsive Bidder by the City (See Salinas City Code Section 12-33).
H. ENFORCEMENT:
If the inspector and/or Public Works Contract administrator for the project have cause to believe there
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REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES have been violations to the Local Hiring Ordinance or any other term of the Contract, there shall be an investigation of the issue. Should the investigation show that violations have occurred; a written Finding of Noncompliance can be presented to the Contractor and subsequently to the Council, along with a Declaration of Irresponsibility, asking the Council to support the findings and issue the Declaration. The Contractor shall be notified at least 10 calendar days prior to the Council meeting and has the right to appeal the findings to the Council (See Salinas City Code Sections 12-34 through 12- 37).
I. CONFLICT:
I
n the event of a conflict between the requirements of these Guidelines and the Local Hiring Ordinance, the terms of the ordinance shall prevail.
CITY OF SALINAS
March 2022 Page 74 of 90
REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES ATTACHMENT O:
STATEMENT OF GOOD FAITH EFFORT FOR LOCAL HIRE
For
The City of Salinas
Public Works Department
(
This information may be submitted with your proposal. If it is not, and you are the apparent low Bidder or the second low Bidder, it must be submitted and received by the Public Works Department no later than 5 working days after Bid opening date.)
I
n conformance with Article IV to Chapter 12 of the Salinas Municipal Code, each Contractor and Subcontractor shall complete and submit this Statement of Good Faith Effort.
Project Title: _____________________________________________________________ Contractor (or Subcontractor ): ___________________________________________ __ Address: _____________________________________________________________ City: ________________________________________ State: _____________________ Zip: _________ C
ontractor (or Subcontractor ) estimates that fifty percent (50%) or more of its workforce, for this project, meets the local hire requirements for this contract:
Yes No If “No”, the apparent successful Bidder (low Bidder) and the second low Bidder shall complete and submit the following form to the office at which bids were received so the information is received by the Department no later than 5 working days after bid opening:
Name and
Address of
Local
Recruitment
Source
Date of
Recruit.
Contact
Person
Contacted
and Phone
#
Recruitment
For: Trade &
Classification
Number of
Referrals
Requested
# of Local
Hires as
Result of
Contact
Names and
Address of
Local Hire as a
Result of
Contact
I cer
tify that the information contained in this form is true and correct, to the best of my knowledge. (Please sign all pages) (Submitted under penalty of perjury, Salinas City Code, Section 12-31.) _________
_________________ ______________________ ______________________ ______________ Signature Name (Please Print) Title or Position (Please Pri n t) Date Attach Notary Acknowledgment
Page ___ of ___
This Form May be Copied as Needed
CITY OF SALINAS
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REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES ATTACHMENT P:
LOCAL HIRING RESIDENCY COMPLIANCE
DOCUMENTATION
I
n conformance with Article IV in Chapter 12 of the Salinas Municipal Code, each Contractor and Subcontractor shall complete and attach this Local Hiring Residency Compliance Documentation to each weekly prevailing wage statement as they are submitted to the City Engineer.
Project Title: __________________________________________Project No.: _______________ For The Pay Period Ending: ________________________________________________ Contractor (or Subcontractor □): ________________License No.: _______________ Address: _____________________City: ___________________State: _______Zip: _________
1. For each employee, complete residency compliance information by checking appropriate trade:
Employee Name: Classification/Trade:
** Resident of Monterey
Bay Area:
1. Journeyman Apprentice Other
Trade:
Yes No
2. Journeyman Apprentice Other
Trade:
Yes No
3. Journeyman Apprentice Other
Trade:
Yes No
4. Journeyman Apprentice Other
Trade:
Yes No
5. Journeyman Apprentice Other
Trade:
Yes No
6. Journeyman Apprentice Other
Trade:
Yes No
7. Journeyman Apprentice Other
Trade:
Yes No
*
*Resident of Monterey Bay Area = Living in Monterey, Santa Cruz, San Benito Counties or hired through a local hiring hall with jurisdiction over the Monterey Bay Area.
2. Calculate total weekly project local hiring percentage based on all labor work hours reported on prevailing wage statement:……………………………………………………..___________%
3. I certify that the information contained in this form is true and correct, to the best of my knowledge. (Please sign all pages) (Submitted under penalty of perjury, Salinas City Code, Section 12-31.)
_________
______________________________________________________________________________ Signature Date _________
______________________________________________________________________________ Name (Please Print) Title or Position (Please Print) P
age ___ of ___
This Form May Be Copied as Needed
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REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES ATTACHMENT Q:
BIDDER’S LIST
FOR
THE CITY OF SALINAS
PUBLIC WORKS DEPARTMENT
(This information may be submitted with your proposal. If it is not, and you are the apparent low Bidder or the second low Bidder, it must be submitted and received by the Public Works Department no later than 5 working days after Bid opening date.)
A
ll B idders are required to provide the following information for all DBE and non- DBE contractors who provided a proposal, Bid, quote, or were contacted by the proposed prime. This information is also required from the proposed prime Contractor and must be submitted with their Bid/proposal. In order for the City of Salinas to conform with Federally -Mandated DBE Program Bidders List, it will use this information to maintain and update a “Bidders List” to assist in the overall annual goal DBE goal setting process.
F
irm Name: __________________________________________________ Phone: _____________________ A
ddress: _____________________________________________________ Fax: ______________________ _____________________________________________________ License No.: ________________ D
IR Registration No.:______________________________________________ Exp. Date: ______________ C
ontact Person & Title: __________________________________________ No. of Years in Business: ____ I
s the firm currently certified as a DBE under the new regulations (49 CFR Part 26)? Yes No T
ype of work/services/materials provided by firm: ______________________________________________ W
hat were your firm’s Gross Annual receipts for last year? ________________ Less than $1 Million
________________ Less than $5 Million
________________ Less than $10 Million
________________ Less than $15 Million
I
declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
S
IGNED:________________________________________
(Date)
T
his form may be copied as needed to report all Bidders (DBEs and Non-DBEs) information.
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REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES ATTACHMENT R:
GENERAL INSTRUCTIONS TO LOW BIDDER
B
IDDER’S SIGNATURES
(
A) The Bidder shall sign two documents included in the Bid Documents:
1. Agreement
2. Bidder’s Security
(B) T he name of the Bidder shall be typewritten or printed below the signature line. The type of legal entity shall be included in the name of the Bidder (examples: individual, sole proprietorship, general partnership, limited partnership, or corporation).
(
C) The name and title of all individuals signing for the entity shall be typewritten or print ed below the signature line. All signatures shall be notarized with notary acknowledgment. (
D) The Bidder shall provide evidence that the individual signing the document is authorized to bind the legal entity of the Bidder. The notarization does not constitute such proof unless the Bidder is signing as an individual.
(
E) If the Bidder is a corporation, proof of authorization shall be established (pursuant to Corporations Code Section 313) if one of the corporate officers listed in column A below and one of the corporate officers listed in column B below both sign the documents.
A B
_______________________________ _______________________________ C
hairman of the Board Secretary
or or
President AND Assistant Secretary
or or
Vice President Chief Financial Officer
or
Assistant Treasurer
F
or any other combination of signatures of corporate officers, a copy of the Board minutes, resolution, or articles of incorporation may be submitted to prove that the individuals have the authority to bind the corporation.
(
F) If the Bidder is any legal entity other than an individual or corporation, documentation must be submitted which establishes that the individuals have the legal authority to bind the legal entity of the Bidder.
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REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES GENERAL INSTRUCTIONS TO LOW BIDDER – cont.
(
G) If the legal entity is a Limited Partnership, a Certificate of Limited Partnership (State form LP -1) is s
ufficient to establish the authority of a single General Partner to bind the Limited Partnership. (
H) If the Bidder is a General Partnership, a Certificate of General Partnership or General Partnership Agreement is sufficient to establish the names of all general partners of a General Partnership. (
I) All general partners must sign the documents, unless proof is submitted which authorizes an individual partner to bind the other general partners.
(
J) If the individual signing the document is signing as a sole proprietorship, either a Fictitious Business Name Statement or a City of Salinas business License is sufficient to establish the authority of an individual to bind a sole proprietorship.
(K) I
f the individual or individuals signing the documents are signing on behalf of an entity other than the Bidder, and that other entity is authorized to bind the legal entity of the Bidder, then documentation must be submitted which establishes that the individuals have the authority to bind the other entity, and that the other entity has the authority to bind the legal entity of the Bidder.
B
IDDER'S/CONTRACTOR'S SECURITY
A
ll Bidders’ security (including Bid Bond, Performance Bond, Labor and Materials Bond, and any other required bond) shall be in one of the following forms:
a. Cash
b. Cashier's check made payable to the City
c. A certified check made payable to the City
A
bond executed by an admitted surety insurer, made payable to the City in the form of the bonds in the Contract documents. The Power of attorney for the attorney-in-fact of the surety must be current, contain an authorization to bind for at least minimum dollar amount of the bond, and be attached to the bond. The signature of the attorney-in-fact must be notarized.
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REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES ATTACHMENT S:
PUBLIC WORKS CONTRACT AWARD INFORMATION
CITY OF SALINAS
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REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES ATTACHMENT T:
STATEMENT OF COMPLIANCE
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REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES
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REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES ATTACHMENT U:
CITY OF SALINAS FRINGE BENEFIT STATEMENT
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REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES ATTACHMENT V:
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REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES
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REQUEST FOR PROPOSAL – TREE MAINTENANCE AND ON-CALL SERVICES
Item Description Unit of Measure Quantity
Regularly Scheduled ("Grid") Pruning with a minimum 350 trees per grid, various species and sizes Per Tree 350
Pruning 0-6 Diameter Measurement at Shoulder Height (DSH) Each 1 Pruning 7-12 DSH Each 1
Pruning 13-18 DSH Each 1
Pruning 19-24 DSH Each 1
Pruning > 24 DSH Each 1
Tree only removal < 24 Per Inch 1
Tree only removal > 24 Per Inch 1
Stump removal only Per Inch 1
Street Tree/tree well Planting 15-gallon tree, labor and materials Each 1 Street Tree / tree well Planting 24" box tree, labor and materials (Complete in Place) Each 1
Open turf Planting 15-gallon tree, labor and materials (Complete in place) (without root barrier) Each 1
Open turf Planting 24" box tree, labor and materials (Complete in place) (without root barrier) Each 1
Street Tree / tree well Planting 15-gallon tree, labor and materials (Complete in Place) (exclude cost of Tree, City to furnish) Each 1 Street Tree / tree well Planting 24" box tree, labor and materials (Complete in Place) (Exclude Cost of Tree, City to furnish) Each 1 Open turf Planting 15-gallon tree, labor and materials (Complete in place) (without root barrier) (Exclude cost of tree, City to furnish) Each 1
Open turf Planting 24" box tree, labor and materials (Complete in Place) (without root barrier) (exclude cost of tree, City to furnish) Each 1 Crew Rental, per man hour Hour 1
Emergency Call Out, per man hour Hour 1
Special Equipment Rental, with Operator Hour 1
TOTAL
HYPOTHETICAL
TASK 1
Crown Reduction & Safety Trim of all Eucalyptus Trees around the perimeter of Central Park. Total Cost:
TASK 2
Perform clearance trimming for pedestrian foot traffic at Central Park. Total Cost:
TASK 3
Removal of hypothetical hazardous tree at Sherwood Park Total Cost:
TASK 4
Tree Trimming - Full detail pruning of tree at Santa Lucia Park Total Cost:
Unit Price Total Unit Price Total Unit Price Total
$98.50 34,475.00$ 134.00$ 46,900.00$ 375.00$ 131,250.00$ $53.00 53.00$ 79.00$ 79.00$ 75.00$ 75.00$ $92.00 92.00$ 144.00$ 144.00$ 125.00$ 125.00$ $96.00 96.00$ 249.00$ 249.00$ 200.00$ 200.00$ $219.00 219.00$ 349.00$ 349.00$ 250.00$ 250.00$ $389.00 389.00$ 649.00$ 649.00$ 375.00$ 375.00$ $48.00 48.00$ 59.00$ 59.00$ 40.00$ 40.00$ $59.00 59.00$ 89.00$ 89.00$ 100.00$ 100.00$ $39.50 39.50$ 29.00$ 29.00$ 13.00$ 13.00$ $520.00 520.00$ 445.00$ 445.00$ 490.00$ 490.00$ $960.00 960.00$ 645.00$ 645.00$ 880.00$ 880.00$ $392.00 392.00$ 370.00$ 370.00$ 440.00$ 440.00$ $780.00 780.00$ 570.00$ 570.00$ 720.00$ 720.00$ $460.00 460.00$ 345.00$ 345.00$ 415.00$ 415.00$ $740.00 740.00$ 500.00$ 500.00$ 580.00$ 580.00$ $332.00 332.00$ 270.00$ 270.00$ 350.00$ 350.00$ $560.00 560.00$ 470.00$ 470.00$ 510.00$ 510.00$ $99.90 99.90$ 114.00$ 114.00$ 92.00$ 92.00$ $146.00 146.00$ 134.00$ 134.00$ 145.00$ 145.00$ $229.90 229.90$ 258.00$ 258.00$ 205.00$ 205.00$ 40,690.30$ 52,668.00$ 137,255.00$
59,500.00$ 38,500.00$ 36,200.00$
8,901.00$ 10,000.00$ 8,900.00$
Smith & Enright West Coast Arborists Community Tree Salinas 9,800.00$ 10,500.00$ $950 / $6800*
2,900.00$ 2,500.00$ 4,300.00$
* $950 for 12" Podocarpus
* $6800 for 50" Multi-stem Eucalyptus
Unit Price Total
232.00$ 81,200.00$
65.00$ 65.00$
95.00$ 95.00$
125.00$ 125.00$
225.00$ 225.00$
425.00$ 425.00$
85.00$ 85.00$
115.00$ 115.00$
20.00$ 20.00$
675.00$ 675.00$
1,050.00$ 1,050.00$
475.00$ 475.00$
875.00$ 875.00$
275.00$ 275.00$
675.00$ 675.00$
175.00$ 175.00$
475.00$ 475.00$
115.00$ 115.00$
175.00$ 175.00$
325.00$ 325.00$
87,645.00$
58,625.00$
105,125.00$
T&S Tree Services
10,275.00$
3,775.00$
POINTS Criteria
25 Qualifications of Entity
and Key Personnel
10 Approach to Providing
the Requested Scope of
Services
50 Price Proposals /
Situational Scenarios
15 Innovative and/or
Creative Approaches
TOTAL 100 Smith & Enright
Points
Rater 1 Dave 89
Rater 2 Victor 88
Rater 3 Jenny 85
x3 raters 262
Local Preference +5% of total
points 13.1
Points Total 275.1
Total Bid 40,690.30$
Total Hypothetical 81,101.00$
Total Cost Overall 121,791.30$
Includes the ability to provide the requested scope of services, the contractor's financial capacity, recent experience conducting work of similar scope, complexity, and magnitutde for other public agencies of similar size and references.
Includes an understanding of the RFP and of the projects scope of services, knowledge of applicable laws and regulations related to Price Proposals / Hypotheticals will be evaluated on the basis of the Total Estimated Annual Price submitted in Attachment C-1 & C-
2. (Cost analysis sheet attached)
Does the proposal seek efficiencies, safety, and other innovative ways to providing the services that provide additional efficiencies or increased performance capabilities?
Evaluation Criteria Score Sheet
West Coast Arborists Community Tree Salinas T&S Tree Service Points Points Points
87 75 80
76 68 65
82 71 73
245 214 218
10.7 245 224.7 218
52,668.00$ 137,255.00$ 87,645.00$ 61,500.00$ 56,200.00$ 177,800.00$ 114,168.00$ 193,455.00$ 265,445.00$ Includes the ability to provide the requested scope of services, the contractor's financial capacity, recent experience conducting work of similar scope, complexity, and magnitutde for other public agencies of similar size and references.
Includes an understanding of the RFP and of the projects scope of services, knowledge of applicable laws and regulations related to the scope of services.
Price Proposals / Hypotheticals will be evaluated on the basis of the Total Estimated Annual Price submitted in Attachment C-1 & C-
2. (Cost analysis sheet attached)
Does the proposal seek efficiencies, safety, and other innovative ways to providing the services that provide additional efficiencies or increased performance capabilities?
Evaluation Criteria Score Sheet
Maximum
Points Criteria Evaluation Questions Points
25 Qualifications of Entity
and Key Personnel
Includes the ability to provide the requested
scope of services, the contractor's financial
capacity, recent experience conducting work
of similar scope, complexity, and magnitutde
for other public agencies of similar size and
references.
10 Approach to Providing
the Requested Scope of
Services
Includes an understanding of the RFP and of
the projects scope of services, knowledge of
applicable laws and regulations related to the
scope of services.
50 Price Proposals /
Situational Scenarios
Price Proposals / Hypotheticals will be
evaluated on the basis of the Total Estimated
Annual Price submitted in Attachment C-1 &
C-2. (Cost analysis sheet attached)
15 Innovative and/or
Creative Approaches
Does the proposal seek efficiencies, safety,
and other innovative ways to providing the
services that provide additional efficiencies
or increased performance capabilities?
100 TOTAL Add Total Points
10% Local Preference
Credit 5% of the total points (Total +
5%)
Grand Total
Notes of Evaluator Points
Smith & Enright
Notes of Evaluator Points
West Coast Arborists
Notes of Evaluator Points
Community Tree Salinas
Notes of Evaluator
T&S Tree Service
Master Services Agreement v. January 2021 Page 1 of 14 Smith & Enright Landscaping, Inc.
April 2024
AGREEMENT FOR SERVICES BETWEEN
THE CITY OF SALINAS AND SMITH & ENRIGHT LANDSCAPING, INC.
TREE MAINTENANCE AND ON-CALL SERVICES
THIS AGREEMENT is executed this 9th day of April 2024 (“Agreement” or “Contract”) between the City of Salinas , a California Charter city and municipal corporation (hereinafter “City”), and Smith & Enright Landscaping , 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, services related to Tree Maintenance and On-Call Services.
It is understood by City and Contractor that Contractor performs or se cures the performance of Tree Maintenance and On-Call Services and related services for the City on an on-going basis. On each occasion Contractor performs services for City, Contractor shall advise the City in writing of the scope of services to be provid ed, and the cost of , and estimated time to perform the services.
Contractor shall not proceed to perform any such service until City and Contractor have established a project cost, a completion schedule or a time period for performance, and the City has gi ven its written authorization to perform. Written approval for performance and compensation may be granted by the appointed City Project Manager.
2. Term; Completion Schedule. This Agreement shall commence on April 9, 2024, and shall terminate on April 9, 2027, 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 and the original Bid request.
3. Compensation. City hereby agrees to pay Contractor for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation as shown on Exhibit B and a yearly “maximum” amount not to exceed One Million Five Hundred Thousand ($1,500,000) Dollars.
4. Billing. Contractor 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, Contractor shall not bill City for duplicate services performed by more than one person. Contractor’s bills shall include the following information to which such services cost or pertain:
(A) A brief description of services performed;
(B) The date the services were performed;
(C) The number of hours spent and by whom;
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(D) A brief description of any costs incurred; and
(E) The Contractor’s signature.
Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.
City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Contractor 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 Contractor until thirty (30) days after a correct and complying invoice h as been submitted by Contractor. The City shall process undisputed portion immediately.
5. Meet and 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 the City to ensure timely and adequate performance of the Agreement.
6. Additional Copies. If City requires additional copie s of reports, or any other material which Contractor is required to furnish as part of the services under this Agreement, Contractor shall provide such additional copies as are requested, and City shall compensate Contractor for the actual costs related to the production of such copies by Contractor.
7. Responsibility of Contractor. By executing this Agreement, Contractor 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, Contractor further agrees and represents to City that the Contractor possesses, or shall ar range 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 Contractor to do and perform Contractor’s work. Contractor further agrees and represents that Contractor 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 Contractor pursuant to this Agreement, City shall:
(A) Assist Contractor 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 Contractor, 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 Contractor.
(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 Agreem ent. 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 Contractor’s services. City may unilaterally change its representative upon notice to the Contractor.
(D) Give prompt written notice to Contractor 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 Contractor from professional responsibility for the work performed.
10. Indemnification and Hold Harmless. Contractor shall defend, indemnify, and hold harmless the City and its officers, officials, employees, volunteers, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder, including the performance of work of any of Contractor’s subcontractors or agents, or Contractor’s failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.
11. Insurance. Contractor shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.
12. Access to Records. Contractor 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 Contractor 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 Contractor’s usual and customary busin ess hours. Contractor shall provide proper facilities to City’s representative(s) for such access and inspection.
13. Non-Assignability. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, a nd is, the professional reputation and competence of Contractor. This Agreement is personal to Contractor 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. Contractor shall, upon receipt of said notice, determine the impact on both time and compensation of such change i n scope and notify City in writing. Upon agreement between City and Contractor 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 Contractor shall constitute the Contractor’s notice to proceed with the changed scope.
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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 Contractor, as provided herein, for the services rendered by Contractor in connection with which they were prepared. City agrees to hold harmless and indemnify the Contractor 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 Contractor.
16. Termination.
(A) City shall have the authority to terminate this Agreement, upon ten days written notice to Contractor, as follows:
(1) If in the City’s opinion the conduct of the Contractor is such that the interest of the City may be impaired or prejudiced, or
(2) For any reason whatsoever.
(B) Upon termination, Contractor shall be entitled to payment of such amount as fairly compensates Contractor for all work satisfactorily performed up to the date of termination based upon the Contractor’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 Contractor’s default, City shall deduct from the amount due Contractor the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Contractor 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 Contractor(s) for such purposes. In the event that such additional expenses shall exceed amounts otherwise due and payabl e to Contractor hereunder, Contractor shall pay City the full amount of such expense.
(C) In the event that this Agreement is terminated by City for any reason, Contractor shall:
(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 Contractor or prepared by or for Contractor 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 Contractor’s delivery to the City of such material.
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(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 Contractor 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 Contractor 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 Contractor, 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. Contractor expressly warrants not to represent, at any time or in a ny manner, that Contractor is an employee or servant of the City.
20. Integration and Entire Agreement. This Agreement represents the entire understanding of City and Contractor as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.
21. Jurisdiction and Venue . This Agreement shall be governed by and construed in accordance with the laws of the State of California , County of Monterey, and City of Salinas .
Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.
22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
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
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With a copy to:
City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
(B) Written notices to the Contractor shall, until further notice by the Contractor, be addressed to:
Selena Herrin, General Manager
Smith and Enright Landscaping, Inc.
540 Work Street, Suite C.
Salinas, CA 93901
(C) The execution of any such notices by the City Manager shall be effective as to Contractor as if it were by resolution or order of the City Council, and Contractor 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, Contractor shall not discriminate against any employee or applicant for employment because of race, colo r, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment w ithout regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.
25. Conflict of Interest. Contractor 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. Contractor 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, Contractor shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Contractor further warrants its compliance with the Political Reform Act (Government Code s ection 81000 et seq.) and Salinas City Code Chapter 2A that apply to Contractor as the result of Contractor’s performance of the work or services pursuant to the terms of this Agreement.
26. Headings. The section headings appearing herein shall not be de emed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.
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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 t he market rate.
28. Non-Exclusive Agreement. This Agreement is non -exclusive and both City and Contractor 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 Contractor, its representatives, agents, or subcontractors by federal, state or local law, Contractor warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.
31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
32. Legal Representation. Each party affirms that it has been represented , if it so chose, by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.
33. Joint Representation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing o r 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 warr ants 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 o f 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
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by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written above.
CITY OF SALINAS
__________________________________
Jim Pia
Interim City Manager
APPROVED AS TO FORM:
_________________________________
□ Christopher A. Callihan, City Attorney or
□ Rhonda Combs, Assistant City Attorney
CONTRACTOR
___________________________________
By (Printed Name):__Selena Herrin______
Its (Title):__General Manager___________
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Exhibit A- Insurance Requirements
Insurance Requirements
Contractor 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 Contractor, his agents, representatives, employees, or subcontractors. With respect to General 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:
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 wit h 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.
2. Automobile Liability: ISO Form CA 0001 covering any auto, or if Contractor has no owned autos, hired and non-owned autos, with limits 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 (also known as Errors and Omissions): Insurance appropriate to the work being performed, with limit s no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate per policy period of one year.
If the Contractor 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 Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, the Contractor shall provide coverage to reduce or eliminate such self -insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim
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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
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution 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 be half of the Contractor 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 Contractor’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 Contractor’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 Contractor’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. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Contractor’s PLL policy.
C. 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 must 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 Contractor 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 identi fication / 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 “Polluti on” shall include microbial matter including mold.
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, Asbesto s Pollution and/or
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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
Contractor 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 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.
Waiver of Subrogation
Contractor hereby grants to City a waiver of subrogation which any insurer may acquire against City, its officers, officials, employees, and volunteers, 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, 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 Contractor, its employees, agents, and subcontractors.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor 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.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Maintenance of Insurance
Maintenance of insurance by Contractor as specified shall in no way be interpreted as relieving 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.
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Exhibit B- Fee Schedule
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AGREEMENT FOR SERVICES BETWEEN
THE CITY OF SALINAS AND WEST COAST ARBORISTS, INC.
TREE MAINTENANCE AND ON-CALL SERVICES
THIS AGREEMENT is executed this 9th day of April 2024 (“Agreement” or “Contract”) between the City of Salinas , a California Charter city and municipal corporation (hereinafter “City”), and West Coast Arborists, 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, services related to Tree Maintenance and On-Call Services.
It is understood by City and Contractor that Contractor performs or secures the performance of Tree Maintenance and On-Call Services and related services for the City on an on-going basis. On each occasion Contractor performs services for City, Contractor shall advise the City in writing of the scope of services to be provided, and th e cost of, and estimated time to perform the services.
Contractor shall not proceed to perform any such service until City and Contractor have established a project cost, a completion schedule or 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 appointed City Project Manager.
2. Term; Completion Schedule. This Agreement shall commence on April 9, 2024, and shall terminate on April 9, 2027, 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 and the original Bid request.
3. Compensation. City hereby agrees to pay Contractor for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation as shown on Exhibit B and a yearly “maximum” amount not to exceed One Million Five Hundred Thousand ($1,500,000) Dollars.
4. Billing. Contractor 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, Contractor shall not bill City for duplicate services performed by more than one person. Contractor’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
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(E) The Contractor’s signature.
Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.
City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Contractor 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 Contractor until thirty (30) days after a correct and complying invoice h as been submitted by Contractor. The City shall process undisputed portion immediately.
5. Meet and 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 the City to ensure timely and adequate performance of the Agreement.
6. Additional Copies. If City requires additional copie s of reports, or any other material which Contractor is required to furnish as part of the services under this Agreement, Contractor shall provide such additional copies as are requested, and City shall compensate Contractor for the actual costs related to the production of such copies by Contractor.
7. Responsibility of Contractor. By executing this Agreement, Contractor 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, Contractor further agrees and represents to City that the Contractor possesses, or shall ar range 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 Contractor to do and perform Contractor’s work. Contractor further agrees and represents that Contractor 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 Contractor pursuant to this Agreement, City shall:
(A) Assist Contractor 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 Contractor, 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 Contractor.
(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 Agreem ent. Such person shall have the complete authority to transmit instructions, receive information, interpret and define City’s
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policies and decisions with respect to materials, equipment, elements, and systems pertinent to Contractor’s services. City may unilaterally change its representative upon notice to the Contractor.
(D) Give prompt written notice to Contractor 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 Contractor from professional responsibility for the work performed.
10. Indemnification and Hold Harmless. Contractor shall defend, indemnify, and hold harmless the City and its officers, officials, employees, volunteers, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder, including the performance of work of any of Contractor’s subcontractors or agents, or Contractor’s failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.
11. Insurance. Contractor shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.
12. Access to Records. Contractor 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 Contractor 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 Contractor’s usual and customary busin ess hours. Contractor shall provide proper facilities to City’s representative(s) for such access and inspection.
13. Non-Assignability. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, a nd is, the professional reputation and competence of Contractor. This Agreement is personal to Contractor 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. Contractor shall, upon receipt of said notice, determine the impact on both time and compensation of such change i n scope and notify City in writing. Upon agreement between City and Contractor 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 Contractor shall constitute the Contractor’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
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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 Contractor, as provided herein, for the services rendered by Contractor in connection with which they were prepared. City agrees to hold harmless and indemnify the Contractor 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 Contractor.
16. Termination.
(A) City shall have the authority to terminate this Agreement, upon ten days written notice to Contractor, as follows:
(1) If in the City’s opinion the conduct of the Contractor is such that the interest of the City may be impaired or prejudiced, or
(2) For any reason whatsoever.
(B) Upon termination, Contractor shall be entitled to payment of such amount as fairly compensates Contractor for all work satisfactorily performed up to the date of termination based upon the Contractor’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 Contractor’s default, City shall deduct from the amount due Contractor the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Contractor 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 Contractor(s) for such purposes. In the event that such additional expenses shall exceed amounts otherwise due and payabl e to Contractor hereunder, Contractor shall pay City the full amount of such expense.
(C) In the event that this Agreement is terminated by City for any reason, Contractor shall:
(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 Contractor or prepared by or for Contractor 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 Contractor’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
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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 Contractor 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 Contractor 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 Contractor, 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. Contractor expressly warrants not to represent, at any time or in a ny manner, that Contractor is an employee or servant of the City.
20. Integration and Entire Agreement. This Agreement represents the entire understanding of City and Contractor as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.
21. Jurisdiction and Venue . This Agreement shall be governed by and construed in accordance with the laws of the State of California , County of Monterey, and City of Salinas .
Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.
22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
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
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With a copy to:
City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
(B) Written notices to the Contractor shall, until further notice by the Contractor, be addressed to:
Victor Gonzalez, VP Business Development
West Coast Arborists, Inc.
390 Martin Avenue
Santa Clara, CA 95050
(C) The execution of any such notices by the City Manager shall be effective as to Contractor as if it were by resolution or order of the City Council, and Contractor 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, Contractor 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. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.
25. Conflict of Interest. Contractor 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. Contractor 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, Contractor shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Contractor further warrants its compliance with the Politi cal Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Contractor as the result of Contractor’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.
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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 Contractor 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 Contractor, its representatives, agents, or subcontractors by federal, state or local law, Contractor warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.
31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
32. Legal Representation. Each party affirms that it has been represented , if it so chose, by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an in ducement 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 o r 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 warr ants 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 o f 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
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by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written above.
CITY OF SALINAS
__________________________________
Jim Pia
Interim City Manager
APPROVED AS TO FORM:
_________________________________
□ Christopher A. Callihan, City Attorney or
□ Rhonda Combs, Assistant City Attorney
CONTRACTOR
___________________________________
By (Printed Name):__Victor Gonzalez____
Its (Title):_VP Business Development____
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Exhibit A- Insurance Requirements
Insurance Requirements
Contractor 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 Contractor, his agents, representatives, employees, or subcontractors. With respect to General 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:
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 limi ts 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.
2. Automobile Liability: ISO Form CA 0001 covering any auto, or if Contractor has no owned autos, hired and non-owned autos, with limits 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 (also known as Errors and Omissions): Insurance appropriate to the work being performed, with limit s no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate per policy period of one year.
If the Contractor 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 Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, the Contractor shall provide coverage to reduce or eliminate such self -insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim
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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
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution 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 Contractor 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 Contractor’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 Contractor’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 Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required above shall pr ovide that coverage shall not be canceled, except with notice to the City.
B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contrac t. This coverage may also be provided on the Contractor’s PLL policy.
C. 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 must 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 Contractor 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.
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
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Errors & Omissions coverages are not available from an admitted ins urer, 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
Contractor 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 pag e 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 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.
Waiver of Subrogation
Contractor hereby grants to City a waiver of subrogation which any insurer may acquire against City, its officers, officials, employees, and volunteers, 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, 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 Contractor, its employees, agents, and subcontractors.
Subcontractors
Contractor shall require and verify that all subcontractors maintain ins urance meeting all the requirements stated herein, and Contractor 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.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Maintenance of Insurance
Maintenance of insurance by Contractor as specified shall in no way be interpreted as relieving 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.
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Exhibit B- Fee Schedule
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City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-163, Version: 2
Historic Resource Designation for Existing Building Located at 361-365 Main Street (El Rey Theater; SHRD2024-001)
Approve a Resolution designating the existing building located at 361-365 Main Street as an historic resource.
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: APRIL 9, 2024
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: LISA BRINTON, DIRECTOR
THROUGH: GRANT LEONARD, PLANNING MANAGER
BY: JESSICA SHULL, ASSOCIATE PLANNER
TITLE: HISTORIC RESOURCE DESIGNATION FOR EXISTING
BUILDING LOCATED AT 361-365 MAIN STREET (EL REY
THEATER; SHRD 2024-001)
RECOMMENDED MOTION:
A motion to approve a resolution designating the existing building located at 361-365 Main Street as an historic resource.
EXECUTIVE SUMMARY:
David Peartree, Applicant, on behalf of the Property Owner, KPM Properties, LLC. has applied to designate the El Rey Theater building, including two adjacent commercial spaces, at 361-365 Main Street (Assessor’s Parcel Number 002 -233-010-000), as an historic resource . In accordance with Section 3-02.05 of the Salinas Municipal Code, the Historic Resources Board held a public hearing on March 4, 2024 , and recommended the City Council approve the request for historic resource designation.
BACKGROUND:
The owners of the El Rey Theater are in the process of updating and restoring the building. As part of that process, they are seeking to officially designate the building as a historic resource to utilize the State of California Historical Building Code for design and development standards . To complete that process, they hired an architect and an historic resources consultant. David Peartree as the project architect and Seth Bergstein o f PAST Consultants, LLC as the project historic consultant.
DISCUSSION:
At its March 4, 2024 meeting, the Historic Resource Board (HRB) reviewed the Historic Resource Designation application following the criteria of current California Registry of Historic Resources Page | 2
regulations and recommended approval of the designation of the existing building at 361-365 Main Street as a historic resource. The HRB considered two surveys: the 1989 and 2016 Historical and Architectural Resources Surveys with State of California Department of Parks and Recreation forms (DPR) both prepared by Kent Seavey in addition to a DPR form produced by PAST Consultants, LLC in December 2023. Three DPR Forms are provided as attachments to this staff report. Unofficial meeting minutes and the HRB Resolution are provided as attachment to this staff report.
The El Rey Theater was originally constructed in 1935 and is a two -story, reinforced concrete commercial building designed in the Art Moderne style. The façade is built skywar d from the building corners toward the center fin, which dominates the primary elevation. The recessed theater entry contains original glazed tiles in a raised geometric pattern and original terrazzo floors.
The original marquee and wall finishes in the auditorium are undergoing restoration. The structure represents a very good example of the Art Deco/Art Moderne style of architecture as realized in a commercial building in Salinas and it also serves as an anchor to the south end of the Main Street corridor.
Designation of historic resources is allowed in accordance with Section 3-02.05 of the Salinas Municipal Code. The DPR forms indicate that the building was originally constructed in 1935, in the Art modern style. These theaters on Main Street are representative of the growth and popularity of this entertainment form during the 1930s. The 1989 DPR Form details that the property qualifies as a Salinas Historic Resource. The updated DPR form dated October 20, 2016, confirms that the property still meet s the criteria for designation. The DPR form submitted in December 2023 by PAST Consultants, LLC, also evaluates the property against the Cali fornia Register criteria. The report indicates that the property qualifies under Criterion 1 and Criterion 3 of the California Register of Historical Resources. The El Rey Theater meets CR -1, as it is associated with events that have contributed to the bro ad patterns of local or regional historical or cultural heritage of California. It qualifies under CR-3 based on the distinctive characteristics of the architectural style of the type and period.
DEPARTMENT COORDINATION:
The Advanced Planning Division of the Community Development Department supports the HRB and prepared this item.
CEQA CONSIDERATION:
The environmental impacts of the proposed improvements conform with the Secretary of the Interior’s Standards for Rehabilitation and have been analyzed in accordance with the California Environmental Quality Act (CEQA). Therefore, the project is categorically exempt (Class 31) from further environmental analysis per CEQA Guidelines Section 15331 (Historic Resource Restoration/Rehabilitation).
STRATEGIC PLAN INITIATIVE:
While the historic resource designation of 361 Main Street does not directly relate to one of the Council’s Strategic Plan Goals or Strategies, it most closely aligns with the goal of Economic Page | 3
Development by furthering the Downtown Vibrancy Plan objectives of an attractive and vibrant downtown.
FISCAL AND SUSTAINABILITY IMPACT:
There is no direct fiscal impact to the General Fund with the approval of the historic resource designation. The designation for the property will have a positive impact on the environment by assuring the future review, preservation, and rehabilitation of a historic resource in the Downtown Salinas.
ATTACHMENTS:
1) City Council Resolution for SHRD24-001
2) Historic Resources Board Resolution 2024-001
3) Historic Resources Board Unofficial Minutes from March 4, 2024 4) 2016 City Historical and Architectural Survey (Department of Parks and Recreation Form DPR 523A)
5) 1989 City Historical and Architectural Survey (Department of Parks and Recreation Form) 6) PAST Consultants, LLC Survey of 361-365 Main Street, dated December 4, 2023
RESOLUTION NO. ______ (N.C.S.)
A RESOLUTION OF THE CITY OF SALINAS CITY COUNICL APPROVING THE
HISTORIC RESOURCE DESIGNATION FOR AN EXISTING BUILDING LOCATED AT 361-365 MAIN STREET (ASSESSOR’S PARCEL NUMBER 002-233-010-000) (SHRD 2024-001)
WHEREAS, 361-365 Main Street (El Rey Theater) was constructed in 1935 and is an example of the Art Moderne style and representative of the growth and popularity of th is entertainment form during the 1930s; and
WHEREAS, the current owner is in the process of updating and restoring the building and re-establishing Commercial Recreation Use; and
WHEREAS, the owner desires to have the property designated an Historic Resource to allow for State of California Historical Building Code for design and development standards to be applied to the renovation of the property; and
WHEREAS, staff reviewed the application and supporting materials and determined that the property meets California Register of Historical Resources criteria to be designated as a City of Salinas Historic Resource; and
WHEREAS, on March 4, 2024 , the Salinas Historic Resources Board, at the request of David Peartree, Applicant, on behalf of the Property Owner, KPM Properties, LLC., held a duly noticed public hearing to consider the Historic Resource Designation SHRD 2024-001 to designate the property located at 361-365 Main Street (Assessor’s Parcel Number 002-233-010-000); and
WHEREAS, at its March 4, 2024 meeting, the Historic Resources Board recommended City Council approval of the request for designation of the building located at 361-365 Main Street as an Historic Resource under Chapter 3, Section 3-02.05 of the Salinas Municipal Code; and
WHEREAS, the City Council considered the Staff Report, Historic Resources Board unofficial meeting minutes, Historic Resources Board Resolution 2024 -001, information contained in record of environmental review, and correspondence regarding the project; and
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council designates the building at 361-365 Main Steet as an Historic Resource under Chapter 3, Section 3 -02.05 of the Salinas Municipal Code; and
BE IT FURTHER RESOLVED, that the Salinas City Council adopts the following findings as the basis for historic resource designation, and that the foregoing recitations are true and correct, and are included herein by reference as finding:
1. The environmental impacts of the proposed improvements conform with the Secretary of the Interior’s Standards for Rehabilitation and have been analyzed in accordance with the California Environmental Quality Act (CEQA). Therefore, the project is categorically exempt (Class 31) from further environmental analysis per CEQA Guidelines Section 15331 (Historic Resource Restoration/Rehabilitation).
The designation for the property will have a positive impact on the environment by assuring the future review, preservation , and rehabilitation of the historic resource in accordance with City historic regulations.
2. The Historic Resources Board and City Council reviewed the Historic Resource Designation application following the criteria in the current regulations of the California Registry of Historic Resources.
The property is included in two City Historical and Architectural Resource Survey s, one in 1989 (State of California Department of Parks and Recreation Form) and the other in 2016 (Department of Parks and Recreation Form DPR 523A) both prepared by Kent Seavey. The structure was constructed in 1935 is a two -story, reinforced concrete commercial building designed in the Art Moderne style. The façade is built skyward from the building corners toward the center fin. Many original character defining features remain intact. The recessed theater entry contains original glazed tiles in a raised geometric pattern and original terrazzo flooring and recessed entrance ceiling lighting with exposed single light bulbs. The structur e represents a very good example of the Art Deco/Art Moderne style of architecture as realized in a commercial building in Salinas and serves as an anchor to the south end of the Main Street Corridor. The 1989 City Historical and Architectural Survey (State of California Department of Parks and Recreation Form) for the property indicates that it qualifies for listing as a City Historic Resource under State Registers Historic Criterion 1 and 3 . An October 20, 2016 , resurvey (Department of Parks and Recreation Form DPR 523A) of the property confirms that the property still meets the criteria for designation.
PASSED AND APPROVED this 9th day of April 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
___________________________
Kimbley Craig, Mayor
ATTEST:
_____________________________
Patricia M. Barajas, City Clerk
S
ALINAS HISTORIC RESOURCES BOARD
RESOLUTION NO. 2024-001
RE
SOLUTION APPROVING THE HISTORIC RESOURCE DESIGNATION FOR AN EXISTING BUILDING LOCATED AT 361 MAIN STREET (SHRD 2024-001) W
HEREAS, 361 Main Street was constructed in 1935 and is an example of the Art Moderne style and the City’s financial success in the 1930’s that fostered the development of a rich architectural heritage; and
W
HEREAS, the current owner is in the process of updating and restoring the building and re-establishing Commercial Recreation Use; and
W
HEREAS, the owner desires to have the property designated an Historic Resource and hired David Peartree and Past Consultants, LLC., to prepare a historic review and submit an application to the City; and
W
HEREAS, Staff reviewed the application and supporting materials and determined that the property meets California Register of Historical Resources criteria to be designated as a City of Salinas Historic Resource; and
W
HEREAS, on March 4, 2024, the Salinas Historic Resources Board, at the request of David Peartree, Applicant, on behalf of the Property Owner, KPM Properties , LLC., held a duly noticed public hearing to consider the Historic Resource Designation SHRD 2024-001 to designate the property located at 344 Main Street (Assessor’s Parcel Number 002-233-010-000); and W
HEREAS, pursuant to City of Salinas Code Chapter 3, Section 3-02.05, has established procedures to identify and designate historic resources with the City: and W
HEREAS, the Historic Resources Board weighed the evidence presented at said public hearing, including the Staff Report which is on file at the Community Development Department together with the record of environmental review; and
N
OW, THEREFORE, BE IT RESOLVED by the Salinas Historic Resources Board deemed the proposed designation categorically exempt (Class 31) from further environmental analysis per CEQA Guidelines Section 15331 (Historic Resource Restoration/Rehabilitation); and N
OW, THEREFORE, BE IT RESOLVED that the Salinas Historic Resources Board adopts the following findings as the basis for its recommendation for approval, and that the foregoing recitations are true and correct, and are included herein by reference as finding:
1. T
he environmental impacts of the proposed improvements conform with the Secretary of the Interior’s Standards for Rehabilitation and have been analyzed in accordance with the California Environmental Quality Act (CEQA). Therefore, the project is categorically exempt (Class 31) from further environmental analysis per CEQA Guidelines Section 15331 (Historic Resource Restoration/Rehabilitation).
T
he designation for the property will have a positive impact on the environment by assuring Historic Resources Board Resolution 2024-001
the future review, preservation and rehabilitation of the historic resource in accordance with City historic regulations.
2. Th
e Historic Resources Board reviewed the Historic Resource Designation application following the criteria in the current regulations of the California Registry of Historic Resources.
Th
e property is included in the 1989 and 2016 City Historical and Architectural Resource Surveys prepared by Kent Seavey. The structure was constructed in 1935 is a two-story, reinforced concrete commercial building designed in the Art Moderne style . The 1989 Survey form for the property indicates t hat it qualifies for listing as a City Historic Resource. An October 20, 2016 resurvey of the property confirms that the property still meets the criteria for designation.
PAS
SED AND ADOPTED this 4th day of March 2024, by the following vote:
AYES
: Cha irperson Hirahara, Board members Mazgai and Callender NOES
: Board member Shim
ABS
TAIN: Board members Munoz and Wadsworth
ABS
ENT: None
TH
IS IS TO CERTIFY that the foregoing is a full, true, and correct copy of a Resolution of the Historic Resources Board of the City of Salinas, that said Resolution was passed and adopted by the affirmative and majority vote of said at a meeting held on Ma rch 4, 2024, and that said Resolution has not been modified, amended, or rescinded, and is now in full force and effect.
SAL
INAS HISTORIC RESOURCES BOARD
Dat
e:
Jes sica Shull, Secretary
March 4, 2024
1 UNOFFICIAL MINUTES
OF THE
SALINAS HISTORIC RESOURCES BOARD
March 4, 2024
The meeting was called to order at 12:00 p.m. in the City Hall Rotunda.
ROLL CALL
PRESENT: Chairperson Hirahara, Vice Chairperson Mazgai, Board Members Callender, Wadsworth, Munoz and Shim
ABSENT: None
STAFF: Planning Manager, Grant Leonard and Associate Planner, Jessica Shull
COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA
Opened for public comment at 12:01 p.m.
1. Denise Estrada, First Mayor’s House Board Member, offered two locations for training for the HRB, the First Mayor’s Education Center and the Welcome Center. Also, she would like to request an opportunity to present on leveraging regional heritage tourism as an economic driver.
2. Vice Chair Mazgai, asked about the process that is followed for homes that are over 50 years old and not identified on the Historic Resources Survey , specifically what happened to the property at 307 W. Alisal Street.
Closed for public comment at 12:06 p.m.
APPROVAL OF THE MINUTES: February 5, 2024 ID #24-120
Vice Chair Mazgai, stated that Board Member Munoz was present at the February 5th meeting and requested the minutes be updated to reflect that.
Board Member Callender, requested that his suggestion to create a sub-committee for the potential art project be added to the minutes.
Vice Chair Mazgai motioned to approve the amended minutes from the February 5, 2024, meeting. Board Member Callender seconded this motion.
AYES: Chairperson Hirahara, Vice Chairperson Mazgai, Board Members Callender, Shim, Munoz, and Wadworth
NOES: None
2 ABSTAIN: None
ABSENT: None
This motion passed with a 6-0 vote.
CONSIDERATIONS
None
Grant Leonard, Planning Manager: Requested that the Brown Act Training be moved up on the agenda.
Chairperson Hirahara agreed, and there was no concerns from other HRB members.
OTHER BUSINESS
Brown Act Training
Christopher Callihan, City Attorney: Provided training regarding the roles and responsibilities of the HRB and the Brown Act.
HRB Discussion:
Chairperson Hirahara : Asked about personal emails and what would be included in a public record request.
Christopher Callihan: Answered that the request would only be for emails related to HRB.
Vice Chair Mazgai: Asked if public record requests would be focused on agenda items or discussion around historic resources in general.
Christopher Callihan: Answered it depends and discussion surrounding historic resources could be within the purview of what HRB considers and could be considered a public record.
Board Member Shim: Asked about being able to discuss HRB topics with non- board members and if that was allowed.
Christopher Callihan: Answered that it depends on the discussion as it relates to the duties of HRB and could be a public record.
Chairperson Hirahara: Asked if there was any policy about supporting specific projects or issues for HRB.
3 Christopher Callihan: Answered that it is outsid e HRB's roles and responsibilities to take action on such an item and would be outside the scope of the Board. He suggested individual endorsement as a mechanism to accomplish that.
Chairperson Hirahara: Asked about making financial recommendations to the City.
Christopher Callihan: Answered that it is not within the scope of duties that HRB has.
Board Member Shim: Asked if discussing historic preservation with friends or members of the public would be considered a violation.
Christopher Callihan: Answered that encouraging the public would not be a violation of the Brown Act.
Chairperson Hirahara: Opened public comment on the item:
1. Denise Estrada, asked about when it was appropriate for board members to recuse themselves when items come forward for discussion and about whether off-site training or tours of a facility would require review for under the Brown Act.
Christopher Callihan: Answered that off-site training would not be a Brown Act issue. Tours m ay need to be on an agenda depending on if the item. Regarding recusal, if the board member has worked on a project and received some type of financial benefit from working on that project, they would not be able to take action on that item.
Chairperson Hirahara: Asked about the meetings being recorded and if that was required for an off-site meeting.
Christopher Callihan: Answered that it would not be required.
Board Member Wadsworth: Asked if having worked on a project years ago that then comes before the board would be a reason to recuse themselves.
Christopher Callihan: Answered that yes, the board member would need to recuse themselves.
PUBLIC HEARINGS
4 Historic Resource Designation Project No. SHRD2024 -001: Designation of the building located at 361 Main Street as an historic resource in accordance with Section 3-02.05 of the Salinas Municipal Code - ID#24-122
Jessica Shull, Associate Planner: gave the presentation on the historic designation for the property at 361 Main Street.
HRB Discussion:
Board Member Shim: Asked about the condition of the structure and stated she was hesitant to give approval for the designation without having seen the inside of the building.
Grant Leonard, Planning Manager : Answered that the recommendati on from the board is based on the criteria provided in the presentation and that a site visit is not part of the decision -making process. City staff and a preservation consultant have reviewed the structure and made the determination being presented.
Vice Chair Mazgai: Asked about reviewing the resolution that HRB is considering for clarification.
Board Member Shim: Asked for clarification about what HRB is considering as part of this project.
Jessica Shull: Answered that the project was reviewed for designation against the criteria set in the California Register of Historical Resources.
Board Member Shim: Noted that she was concerned about the condition of the exterior of the structure but that it meets the criteria for designating as a historic resource.
Vice Chair Mazgai: Mentioned that the property has a few owners of the years and discussed the Mills Act as an opportunity that could help facilitate further work on the site.
Board Member Munoz: Discussed that the review of the structure was focused on the envelope of the building not the interior. The style and the character defining features are what is being considered.
Board Member Shim: Provided her recommendation that work be completed on the exterior of the building.
Grant Leonard: S tated that staff can relay these comments to the property owner.
5 Chairperson Hirahara : Commented that he had previously voiced concerns about the condition of the building and had received feedback that the project had already been reviewed and that work was ongoing. In addition, asked about who is reviewing the Conditional Use Permit.
Jessica Shull: Answered that the Conditional Use Permit is being reviewed by Current Planning.
Board Member Callender: Asked how long the current property owner has had the building?
Jessica Shull: Answered that she didn’t have the exact date but that it had only been a few years.
Board Member Shim: Asked about the plans for new ventilation systems.
Jessica Shull: Answered that after the designation process has been completed and the Conditional Use Permit issued the project will go through the building permit review process.
Board Member Wadsworth: Noted that he will need to recuse himself as he has worked on the property before.
Board Member Munoz: Noted that he will need to recuse himself as well as he has worked on the property before.
Chairperson Hirahara: Asked about why the property owner is moving forward with the designation at this time.
Jessica Shull: Answered that based on the work being proposed on the structure and the Conditional Use Permit, the property owners want to be able to apply the State of California Historical Building Code, and the designation is required for that.
Chairperson Hirahara: Opened for public comment on the item: No comments presented.
Board Member Callender motioned to approve the motion to affirm the findings and adopt a Resolution recommending that the City Council designate the property at 361 Main Street as an historic resource, approving Salinas Historic Resource Designation 2024-001. Vice Chair Mazgai seconded this motion.
AYES: Chairperson Hirahara, Vice Chairperson Mazgai, and Board Member Callender
NOES: Board Member Shim
ABSTAIN: Board Members Munoz and Wadsworth
6 ABSENT: None
This motion passed with a 3-1 vote.
FUTURE AGENDA ITEMS
Mills Act
HRB Discussion:
Board Member Munoz: Asked to formalize a sub -committee to recognize historical buildings that have been restored.
Vice Chair Mazgai: Discussed the number of members together that was considered a meeting.
Chairperson Hirahara: Asked for volunteers for the Plaque sub-committee.
Board Member Munoz and Vice Chair Mazgai volunteered.
Vice Chair Mazgai: Asked if there was a template that would be provided by the city.
Jessica Shull: Answered that there was no example of a certificate from the city.
Vice Chair Mazgai: Asked if the sub -committee would be able to present what they have worked on at the next meeting.
Jessica Shull: Answered that as long as the information was received before the next agenda was posted they could be added.
Chairperson Hirahara: Asked about the consultant for the ITC Master Plan.
Jessica Shull: Answered that the contract was going through the approval process and that staff would follow up.
Board Member Shim: Discussed gathering interest in the Art Campaign to foster awareness of HRB.
Vice Chair Mazgai: Asked if that would be in tandem with the Mills Act once it is reestablished.
Board Member Wadsworth: Asked if there would be awards as part of the campaign and how they would be funded.
7 Board Member Shim: Answered that there would be prizes, with the focus on involvement being for high school and college students.
Board Member Wadsworth: Stated that currently there is no budget for the project or awards.
Chairperson Hirahara: Asked if the Arts Council for Monterey County are aware of this potential project.
Board Member Shim: Answered that she has approached the director about the project.
Chairperson Hirahara: Discussed the potential connection between the General Plan update and HRB.
Grant Leonard: Answered to provide the information to staff and that they would continue to work with Board Member Shim on it.
ADJOURNMENT
Confirmation of attendance for next regular meeting on April 8, 2024.
The meeting was adjourned at 1:00 p.m.
_________________ _______________________ Larry Hirahara Jessica Shull
Chairperson Executive Secretary
State of California ⎯⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI #
PRIMARY RECORD Trinomial
NRHP Status Code
Other Listings
Review Code Reviewer Date
P1. Other Identifier :
*P2. Location: p Not for Publication nUnrestricted *a. County: Monterey and (P2b and P2c or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad: N/A Date: N/A T ; R ; ¼ of ¼ of Sec ; M.D. B.M. c. Address: 363-365 S. Main Street City: Salinas Zip: 93901 d. UTM: Zone: 10 ; mE/ mN (G.P.S.)
e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) Elevation: A.P.N. 002-233-010-000
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries)
A two-story reinforced concrete commercial building , rectangular in plan. Its simple Modern design concentrates on the facade which is built skyward from the structure’s corners toward the center fin , which dominates the building. The wall cladding is a combination of glazed tile in a raised geometric patte rn along the first floor level and stucco above. The building steps up from the marquee in two levels with simple pilasters repeating the mov ement. The main recessed theater entry is flanked by small office spaces. The El Rey Barber shop to the south is st ill basically intact as it was in the 1930’s. The marquee appears to be of more recent vintage although thoroughly in keeping with the rest of the structural ensemble.
*P3b. Resource Attributes: (List attributes and codes) HP6: 1-3 Story commercial building
*P4. Resources Present: nBuilding oStructure oObject oSite oDistrict oElement of District oOther (Isolates, etc.) P5b. Description of Photo: ( View, date, accession #) West Elevation, 2016
*P6. Date Constructed/Age and Sources:
nHistoric
oPrehistoric oBoth
1935: Monterey Cty. Assessors Record
*P7. Owner and Address:
Deborah K. Jamil
1176 Greenwood Avenue
Aptos, CA 94301
*P8. Recorded by: (Name, affiliation, and address)
Kent L. Seavey, Historical Consultant
310 Lighthouse Avenue
Pacific Grove, CA 93950
*P9. Date Recorded: 10/20/16
*P10. Survey Type: (Describe)
Salinas Historic Resources Survey
*P11. Report Citation: None
*Attachments: oNONE oLocation Map oSketch Map n Continuation Sheet n Building, Structure, and Object Record oArchaeological Record oDistrict Record oLinear Feature Record oMilling Station Record oRock Art Record oArtifact Record oPhotograph Record o Other
(List):
DPR 523A (1/95) *Required information
P5a. Photo or Drawing (Photo required for buildings, structures, and objects.)
DPR 523B (1/95) *Required information
State of California ⎯⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI#
BUILDING, STRUCTURE, AND OBJECT RECORD
*Resource Name or # (Assigned by recorder) 363-365 S. Main St.
B1. Historic Name: El Bay Theatre
B2. Common Name: C
B3. Original Use: Movie theatre B4. Present Use: Movie theatre *B5. Architectural Style: 2-part Commercial
*B6. Construction History: (Construction date, alterations, and d ate of alterations)
The storefronts have been replaced since the 1988 survey.
*B7. Moved? nNo oYes oUnknown Date: Original Location: Same *B8. Related Features: N/A
B9a. Architect: Mark T. Jorgenson (S.F.) b. Builder: Harold C. Geyer *B10. Significance: Theme: Commercial Architecture Area: Salinas Period of Significance: Circa-1935 to 1970 Property Type: Commercial Building Applicable Criteria: Local (Discuss importance in terms of historical or architectural context as defin ed by theme, period, and geographic scope. Also address integrity.)
See continuation sheet, page 4.
B11. Additional Resource Attributes: (List attributes and codes)
*B12. References:
• City of Salinas, Building and Planning Department files, Sali nas, CA • Monterey County Assessors Records, Assessors Office, Salinas, CA • Polk’s Salinas City Directories, 1925 - 1966
• Seavey, Kent. 1989 Historical and Architectural Resources Survey and Preservation Plan, City of Salinas, September 1989 • Salinas Index Journal, 8/15/35
B13. Remarks:
*B14. Evaluator: Kent L. Seavey, Historical Consultant
*Date of Evaluation: 10/ 20/16
(This space reserved for official comments.)
State of California ⎯⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial
*Recorded by: Kent L. Seavey *Date: 10/20/16 n Continuation o Update DPR 523L (1/95) *Required information
P3a. Description: Photographs
Figure 1. Circa 1988 image of the west elevation . Figure 2. Circa-1988 image of the south storefront .
State of California ⎯⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial
*Recorded by: Kent L. Seavey *Date: 10/20/16 n Continuation o Update DPR 523L (1/95) *Required information
B10. Significance:
Historic Significance Summary Evaluation
One of three theaters along Main Street in Salinas, which represent the growth and popularity of the entertainment form during the 1930s. Each takes on a different aspect of the evolving Art Deco-Moderne movement in architecture making it possible to follow its development overtime in this Main Street microcosm of the form. Despite some changes in signage, the theatre is an excellent example of the Moderne architectural form, and with the Foresters Building to its south, become the only historic anchor to the 300 block of Main Street at its southern entry. It qualifies as a Salinas historic resource.
2017 Historic Integrity Summary Evaluation
The storefronts have undergone a replacement since the 1988 survey. However, the building maintains sufficient character-defining features to establish its historic significance.
St r! ol Calrtorni. - lha RltorJrcG, Ag?.cV
OEPARTMENT OF PARKS ANO RECREATION
HISTOB IC RESOURCES INVENTORY
Scr. No
-HAE
R- Loc_S HL No._ NR stetus
HABS
UTM:
B D
\,, TDENTtF|CAT|ON
1. Common nam?: AI
2. Hinoric namr:
3. Strcrt or ru.rl addrlsr: 363-365 Main
ci lina
rl. Parcll numb"r: 002-233- 10
Street
zip 93901 County
5. Pr!$nt Owncr: Jack peters et al Addr?ss: P. O. Box 417 City N pa
6, Pratrnt Us!: M ie theatre OriEioal use: trlovie theatre
DESCRIPTION
7a. Arcfiitecturat sryt.: 2-part CommerciaL7b' B'icflY drlcrib! the ptesent p'ys'b, t ,Dpe.rrnc. ol tha rita o. rtruclu.e end d€rcribr .ny m.ior rltcrrtionr lrqm itroriginal condition:
A two-story reinforced concrete commercial" building, rectangul_ar in plan.fts simple Mod.erne design concentrates on the facade which is builtskyward from the structure's corners toward the center fin which dom- inates the building. The wa1l cladding is a combination of glazed tilein a raised geometric pattern along the first floor level and stuccovabove. The building steps up f rom the marquee in two levels withsimple pilasters repeating the movement. The main recessed theatreentry is flanked by small office spaces. The El Rey Barber Shop to thesouth is stilI basically intact as it was in the 1930's. The marquee appears to be of more recent vintage although thoroughly in keeping withthe rest of the structural ensemble.
9. Arch i tcct UalLI*-JplgeltEln(s.F.)
I 0. Builder_Hjug.Ll.tC-ceg.ez:_
11. Approx, proplrry tiz! (in fcct)
Fro.'t"sc _l!_l_ Dcprrr_I2ll_
or approx. lcrtagr _
12. D.t!(slof lnctot d photogr4h(t)
1989
-.-_-
Monterey
Zio 94559 qrinership ii; public _ privatc _ I
8. Connruetion dtt!:
Enimated _ FrtuJ 19,3.L
:
I
! {
i,iirl
13. Condition
:{Ercrltcnt
-Good -
Frir
-
oli?rioralld _ No lo.locr tn .xrrlanc! _
14. Alt*ationt: Cinema I sign new
I 6. Thrcrts to ritc; Nonc knownl-Priv.t! drvelopm8nr- Zoning -
Vrndrti'rn
-
Public Workr projcct
-
Otha.
17. 13 thc ltruqturc On it! original sitc? X Movld?
-
Unknovrn?
SIGNIFICANCE
19. Brilfly nrtc hislorical .nd/or .rdritactur.l imponanc! (includc d.ter, ey?ntt, and parEnt atroci.ttd with th! rite.) One of three theatres along Maj,n Street in Salinas which represent the growth and popularity of the entertainment form during the 1930's.
Each takes on a different aspect of the evolving Art Deco-Moderne movement in architecture making it possible to follow its development over time j-n this Main Street microcosm of the form. Particularlyinteresting is the intact El Rey Barber Shop adjacent to the theatreentrance suggesting the social nature of the institution, Despite some changes in signage, the Cinema I theatre is an excelfent example of the Moderne architectural form, and with the Foresters Building toits south, becomes the only historic anchor to the 300 block of Main Street at its southern entry. It qualifies as a Salinas historic resource under crj-terion d , e, f .
Locetional :k:tcfi map (drrty lnd l.b€l 3ite and
surrounding ttrcrtt, roadi, tnd promincnt landmrrks):
20. Main thrmc ol th! historic resourca: (lf morr thrn onc is ch?ckad, numb?r in ordcr of imponancr.)
NORTH
Govcrnmcnt
-
Militrry
21. Sourca (Litt bookr, do{umang, 3ury!yr, pattonll intcryir$r .rd drrir ddl').
Salinas Index Journ aL, 8/15/35
Ct .Y t t trI
llAY 2 jrsq
cxellsgj{
1-. Surrgun66gs: (Chcck morc than on! if n.ce3sa
R6id.nri.l
-
lndunriel
-Commcrcrsl
r1l Opcn land _ Scartrrcd burtdings _ D!n5!ty built-up _ Other:
2ip
-
By (nrmc)
Orgrnizrtion
Addrcls:
Hrs i; ...City
Phone: ' , '.
R-3-r
^ I
, I ac
; \R
t ttI Zt
((
?a9-1\05 \{A'tN
ArcttitGfiurr -I- Artr & Loirurc
Economic/lndustri.l
-
Explorstion/SatrlGmrnt
R.ligaon
-
Social/Educltion
22. Datc form prlprrcd
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City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-165, Version: 1
Coventry Street Neighborhood Traffic Calming Plan
Approve a Resolution approving the Coventry Street Neighborhood Traffic Calming Plan supported by residents for implementation.
City of Salinas Printed on 4/4/2024Page 1 of 1
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: APRIL 9, 2024
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, PUBLIC WORKS DIRECTOR
BY: ADRIANA ROBLES, CITY ENGINEER
GERARDO RODRIGUEZ, ASSISTANT ENGINEER
TITLE: COVENTRY STREET NEIGHBORHOOD TRAFFIC CALMIN G
PLAN
RECOMMENDED MOTION:
A motion to approve a Resolution approving the Coventry Street Neighborhood Traffic Calming Plan supported by residents for implementation.
EXECUTIVE SUMMARY:
At its June 13, 2023, meeting, City Council approved the 2023 -2024 fiscal year priority traffic calming projects, which ranked Coventry Street as the third highest priority , as requested by the Traffic and Transportation Commission. Staff held a community meeting and wor ked with residents of Coventry Street to develop a traffic calming plan. A vote was conducted to gauge community support, and the Coventry Street Neighborhood Traffic Calming Plan met the support requirements as prescribed by the City’s policy.
BACKGROUND:
In October 2009, the City Council adopted the Salinas Neighborhood Traffic Management Program to address residential neighborhood traffic concerns. The program was initially established to address traffic concerns from residential neighborhoods. Traffic calming devices are generally not considered traffic control devices as defined by the State and Federal Manual of Uniform Traffic Control Devices. The City began compiling traffic calming studies in 2002 and found there were very few applications in Cali fornia. To assist in the development of the City’s policy, the City hired a consultant to develop the Neighborhood Traffic Management Program.
The resulting Policy contains a toolbox of traffic calming measures that can be used to address neighborhood problems associated with speed ing and vehicle volume on residential streets. The adoption of the policy also included the adoption of the traffic calming tools. The policy also provides the process for consideration of projects under the program which is impor tant for securing the residents’ support.
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While developing the policy, City staff met with affected parties including emergency response providers, as well as other service providers such as solid waste collection services and street sweeping. Therefore, implementation of the Traffic Calming Program includes considerations and understanding of the program by potentially affected parties.
On November 7, 2017, following an influx of traffic calming requests received, the City Council approved criteria for prioritizing traffic calming requests based on traffic conditions, collision history, nearby land uses, roadway geometrics and facilities. These criteria provide a more holistic way of analyzing and prioritizing requests given the City’s limited resources. Given the number of pending requests, staff annually presents a recommended traffic calming priorities list, based on the criteria, to the City Council. City staff then proceeds with implementation based on Council approved priorities.
In April 2022, residents of Coventry Street submitted a petition requesting the City to investigate speeding issues along Coventry Street. Traffic studies were conducted in various locations along the street, and the results confirmed high speeds on Coventry Street which met the criteria for traffic calming implementation.
The Traffic and Transportation Division held one (1) community meeting on December 6, 2023, to develop a traffic calming plan with residents of the Coventry Street neighborhood to address the speeding concerns. With residents’ input received at th e meeting, a neighborhood traffic calming plan was developed. The plan includes a traffic circle at the intersection of Coventry Street and Danbury Street along with four (4) speed cushion on Coventry Street. In addition to balloting the residents of Coventry Street, the City also notified other residents in the neighborhood of th e proposed traffic circle as this may impact them. The majority feedback received was positive.
Attachment 1 shows the approximate locations of the speed cushions and the traffic circle.
In accordance with the City’s policy, the plan was taken to vote to determine support from residents. The vote was conducted over a 4-week period. On February 22, 2024, the voting period ended, and the neighborhood met the support vote require d. The City received ballots from 58% of all households, meeting the 50% return rate requirement. Of the ballots received, 81% were in favor of the Plan , meeting the 67% in favor requirement. S taff is therefore recommending the implementation of the Coventry Street Neighborhood Traffic Calming Plan.
Traffic and Transportation Commission
The Coventry Street Neighborhood Traffic Calming Plan was presented to the Traffic and Transportation Commission at its March 14, 2024 meeting. The Commission voted ( 3-2) on an alternative motion made by Commissioner Quigley recommending City Council approve a Resolution to implement the Coventry Street neighborhood traffic calming plan supported by residents and re-adding language about traffic enforcement to staff report.
Modification of the staff report is not within the purview of t he Commission and as such the requested language was not modified as requested by Commissioner Quigley.
The District 1 and District 6 appointments are currently vacant.
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CEQA CONSIDERATION:
Staff has determined that the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15301, Class 1). The project consists of the operation, repair, or minor alteration of public streets involving no expansion of use. There would be no significant effect on the environment.
STRATEGIC PLAN INITIATIVE:
The Traffic Calming Policy support Council’s goal of “Public Safety”.
DEPARTMENTAL COORDINATION:
Public Works staff coordinate with the Salinas Fire Department on the recommendation of the traffic calming plan. Staff also coordinates with the Salinas Police Department if traffic calming enforcement assistance is necessary.
FISCAL AND SUSTAINABILITY IMPACT:
The estimated total cost of these improvements using the City’s On -Call Contract for Traffic Control Devices and bidding for the traffic circle is $167,700. Funding is available and appropriated in 5800.50.9163 and 3911.50.8180. Alternatively, in the past the City’s maintenance crews have been able to assist in the installation of speed cushions as overtime work. If the City staff is available to perfor m the installation of the speed cushions , the estimated cost of the improvements is $101,700.
ATTACHMENTS:
Resolution
Attachment 1: Coventry Street Proposed Traffic Calming Plan
RESOLUTION NO. _______ (N.C.S.)
A RESOLUTION OF THE SALINAS CITY COUNCIL APPROVING THE
IMPLEMENTATION OF THE COVENTRY STREET NEIGHBORHOOD TRAFFIC
CALMING PLAN SUPPORTED BY RESIDENTS FOR IMPLEMENTATION
WHEREAS, the City Council adopted the City’s Traffic Calming Policy at its October 6, 2009 meeting (Resolution No. 19764) which outlined a process for consideration of traffic calming requests from the community; and
WHEREAS, the City Council adopted a resolution approving the prioritization strategy for Traffic Calming requests on its November 7, 2017 meeting (Resolution No. 21291) with the support of the Traffic and Transportation Commission; and WHEREAS, at its June 13, 2023 meeting, City Council approved the 202 3-2024 fiscal year neighborhood traffic calming project prioritization list (Resolution No. 22696), whereas Coventry Street ranked the third highest priority as requested by the Traffic and Transportation Commission; and
WHEREAS, staff worked with residents of Coventry Street to develop a traffic calming plan, and distribute ballots to help determine neighborhood support of the plan. As required by the City’s policy, a vote was conducted to gauge community support, and the Coventry Street traffic calming plan received the support votes required as prescribed by the City’s policy; and WHEREAS, the Traffic and Transportation Commission at its March 14, 2024 meeting voted (3-2) on an alternative motion to recommend approval of the implementation of the Coventry Street Neighborhood Traffic Calming Plan supported by residents and re-adding language about traffic enforcement to staff report; and
WHEREAS, the City of Salinas has determined that the implementing the traffic calming plan is exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15301, Class 1). The project consists of the operation, repair, or minor alteration of public streets involving no expansion of use. There would be no significant effect on the environment.
NOW THEREFORE, BE IT RESOLVED that the Salinas City Council that the Neighborhood Traffic Calming Plan for Coventry Street proposed through this Resolution is hereby approved for implementation; and
PASSED AND APPROVED this 9th day of April 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSENT:
APPROVED:
__________________________________
Kimbley Craig, Mayor
ATTEST:
__________________________
Patricia M. Barajas, City Clerk
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stopstop
GLENDORA WAYLONDONDERRY WAYWENTWORTH CIRHYANNIS CIRHARTFORD STPORTSMOUTH WAYDANBURY STRIVERTON WAYINGLEWOOD ST
COVENTRY ST
INDEPENDENCE BLVDDETAIL ADETAIL B*
WATERFORD CIRWESTPORT CIRSALINASCALIFORNIAN
DETAIL A -LEGENDSPEED CUSHIONEXISTING STOP SIGNTRAFFIC CIRCLEstop PROPOSED COVENTRY STTRAFFIC CALMING PLANPLAN DE PROPUESTO DE MODERACIÓNDE TRAFICO EN LA CALLE COVENTRY TYPICAL INSTALLATIONDETAIL B* -TRAFFIC CIRCLE SAMPLE *CONSTRUCTION MAY VARY00220'440'SCALE: 1"= 220' City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-169, Version: 1
Professional Service Agreement with Kimley-Horn and Associates, Inc. for the Williams Road Safe Street Corridor Project
Approve a Resolution approving an Agreement for Professional Services between the City of Salinas and Kimley-Horn and Associates, Inc. for the Williams Road Safe Street Corridor Project; and authorize the use of Williams Rd UD/Street/Streetscape & Median Island CIP funds up to $378,865 for the agreement.
City of Salinas Printed on 4/4/2024Page 1 of 1
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: APRIL 9, 2024
DEPARTMENT: PUBLIC WORKS, TRANSPORTATION & TRAFFIC DIVISION FROM: DAVID JACOBS, PUBLIC WORKS DIRECTOR
BY: ADRIANA ROBLES, CITY ENGINEER
GERARDO RODRIGUEZ, ASSISTANT ENGINEER
TITLE: PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CITY
OF SALINAS AND KIMLEY-HORN AND ASSOCIATES, INC.
FOR THE WILLIAMS ROAD SAFE STREET CORRIDOR
PROJECT
RECOMMENDED MOTION:
A motion to approve a Resolution:
1) Approving the agreement for Professional Services between the City of Salinas and Kimley-Horn and Associates, Inc. for the Williams Road Safe Street Corridor Project and authorizing the Interim City Manager to enter into the agreement on behalf of the City; and
2) Authorizing the use of up to $378,865 of Williams Rd UD/Street/Streetscape & Median Island funds (CIP 9071) for the agreement with Kimley-Horn and Associates, Inc. for the Williams Road Safe Street Corridor Project.
EXECUTIVE SUMMARY:
The Salinas City Council approved Resolution No. 22184 on September 14, 2021, adopting the Salinas Vision Zero Action Plan and Resolution No. 21731 on November 5, 2019, accepting the Alisal Vibrancy Plan (AVP) as a key strategic planning document. Both planning documents contain clear support from the community to improve traffic safety, reduce vehicle speeds, and to improve bicycle and pedestrian safety. The City of Salinas applied for and was awarded $16,000,000 of Safe Streets and Roads for All (SS4A) grant funds to construct three roundabouts and corridor improvements on Williams Road. Kimley-Horn and Associates, Inc. assisted the city with the grant application and is being tasked with preparation of the Project Approval and Environmental Document (PA/ED).
BACKGROUND:
On February 11, 2020, the City of Salinas adopted a Vision Zero Policy (Resolution No. 21791), and shortly after developed a Vision Zero Action Plan approved by Council on September 14, Page | 2
2021 (Resolution No. 21791 and 22184, respectively). The Vision Zero Action Plan (Action Plan) is rooted in the understanding that traffic deaths are preventable. The Action Plan used a systems- based approach and the application data to identify emphasis areas, priorities, and actionable strategies with the goal of eliminating severe injury and fatal crashes.
Identification of the High Injury Network s (HIN) was a critical first step in order to focus City efforts on roadway segments where high frequency of fatal or severe injury collisions occur. GIS technology was used to define the Salinas HIN. Traffic data for the HIN was collected from the Transportation Injury Mapping System (TIMS), Statewide Integrated Traffic Records System (SWITRS) and local police records between the years 2009-2018. The Action Plan illustrates that the Salinas HIN consists of only 12% of the city’s roadway network.
The Williams Road corridor was identified as the second highest corridor for killed or severely injured collisions (KSI) on the Salinas HIN in the Action Plan. Collisions along Williams Road were found to be spatially distributed throughout the corridor and typically located near an intersection or driveway. Notable collision types include broadside and head-on collisions. The most frequent primary collision fact ors include auto right -of-way violations, unsafe speeds, and improper turning. The corridor currently is five lanes wide with two lanes in each direction, a two- way left turn lane at the center and on street parking on either side. The corridor has a high driveway density and no bike facilities. The countermeasures developed through the community- driven Vision Zero Action Plan were tailored to specifically address the notable collision types and primary collision factors. The City evaluated different conceptual options to meet the needs of the community and contemplated the t rade-offs between parking, safe bicycle facilities and traffic operations throughout the process. Ultimately , access management strategies were identified to help mitigate the collision trends.
In September 2023, with the approval of the City Manager, staff applied for the Safe Streets and Roads for All (SS4A) grant program. The SS4A is a federal grant program established to support the U.S Department of Transportation’s National Roadway Safety Strategy and their goal of zero roadway death using a Safe System Approach. Williams Road was identified as the primary candidate for the grant program and the City was awarded $16M1 to implement the recommended safety improvements.
The Williams Road Safe Street Corridor Project concept strongly follows the countermeasures identified in the Vision Zero Action Plan and the vision of the SS4A grant with multimodal improvements along Williams Road between East Alisal Road and Freedom Parkway. The design will include modifications to the roadway and upgrades of the pedestrian, bicycle, and transit facilities with the primary focus of improving safety along the corridor . An Intersection Control Evaluation (ICE) for key corridor intersections was performed to ensure the proper safety and cost- effective strategies were utilized. Three roundabouts are proposed at Williams Rd and East Alisal St, Williams Road and East Market St and Williams Road and Freedom Parkway.
1 Formal acceptance of the grant has not been presented to City Council as staff is awaiting authorization to proceed from the Federal Government.
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Kimley-Horn and Associates, Inc. assisted the City with the SS4A grant program application and developed the concept plans. After announcement of award of the SS4A grant, the City wishes to continued work ing with Kimley -horn and Associates, Inc. per Master Services Agreement (Resolution No. 22563) for the Project Approval and Environment Document (PA/ED) phase. The PA/ED scope of services includes, but are not limited to, intersection concept refinements for the roundabouts, coordinating with a AVP Streetscape consultant, and CEQA/NEPA envi ronmental documentation. Staff recommends the approval of an agreement with Kimley-Horn and Associates for the Williams Road Safe Street Corridor Project and authorizing the use of Williams Rd UD/Street/Streetscape & Median Island funds (CIP 9071) up to $378,865 for the agreement with Kimley-Horn and Associates, Inc. for the Williams Road Safe Street Corridor Project.
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:
The Williams Road Safe Street Corridor Concept Project supports the City Council goals of “Infrastructure and Environmental Sustainability”, “Public Safety” and “Effective and Culturally Responsive Government”.
DEPARTMENTAL COORDINATION:
The Williams Road Safe Streets Corridor Project will be overseen by Public Works. The Finance Department provides fiscal monitoring and reporting information for the grant agreement.
FISCAL AND SUSTAINABILITY IMPACT:
Funds are appropriated and available in account 5800.50.9071 (CIP 9071).
ATTACHMENTS:
Resolution
Attachment 1: Professional Services between the City of Salinas and Kimley-Horn and Associates, Inc.
1 RESOLUTION NO. (N.C.S.)
A RESOLUTION APPROVING THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SALINAS AND KIMLEY-HORN AND ASSOCIATES, INC.
FOR THE WILLIAMS ROAD SAFE STREET CORRIDOR PROJECT AND
AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO THE
AGREEMENT ON BEHALF OF THE CITY; AND AUTHORIZING THE USE OF UP TO $378,865 OF WILLIAMS RD UD/STREET/STREETSCAPE & MEDIAN ISLAND CIP FUNDS (5800.50.9071) FOR THE AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR THE WILLIAMS ROAD SAFE STREET CORRIDOR
PROJECT
WHEREAS, On September 14, 2021, the City Council adopted the City of Salinas Vision Zero Action Plan; and
WHEREAS, the Action Plan identified Williams Road as the second highest collision corridor; and
WHEREAS, the City entered into a Master Service Agreement through Resolution No. 22563 with Kimley-Horn Associates, Inc. to provide on-call traffic and transportation services and related services; and
WHEREAS, on December 20, 2023, the City received notification that it was awarded $16,000,000 of Safe Streets and Roads for All (SS4A) grant funds; and
WHEREAS, Kimley-Horn Associates assisted the City with the grant application; and
WHEREAS, the City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby approves an agreement for Professional Services between the City of Salinas and Kimley -Horn and Associates, Inc. for the Williams Road Safe Street Corridor Project for $378,864 and authorizes the Interim City Manager to enter into the agreement on behalf of the City; and
BE IT FURTHER RESOLVED that the Salinas City Council hereby approves the use of up to $378,865 of Williams Rd UD/Street/Streetscape & Median Island CIP funds (5800.50.9071) for the agreement with Kimley-Horn and Associates, Inc. for the Williams Road Safe Street Corridor Project.
PASSED AND APPROVED this 9th day of April 2043, by the following vote:
AYES:
NOES:
2 ABSENT:
ABSTAIN:
APPROVED:
________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Form: Professional Services Agreement v. November 2023 Page 1 of 16 Kimley-Horn and Associates, Inc.
March 2024
AGREEMENT
FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF SALINAS AND KIMLEY-
HORN AND ASSOCIATES, INC.
Form: Professional Services Agreement v. November 2023 Page 2 of 16 Kimley-Horn and Associates, Inc.
March 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. ............................................................................................................... 6
14. Changes to Scope of Work. ................................................................................................. 7
15. Ownership of Documents. ................................................................................................... 7
16. Termination. ......................................................................................................................... 7
17. Compliance with Laws, Rules, and Regulations. ................................................................ 8
18. Exhibits Incorporated. .......................................................................................................... 8
19. Independent Contractor. ....................................................................................................... 8
20. Integration and Entire Agreement. ....................................................................................... 8
21. Jurisdiction and Venue. ........................................................................................................ 9
22. Severability .......................................................................................................................... 9
23. Notices. ................................................................................................................................ 9
24. Nondiscrimination................................................................................................................ 9
25. Conflict of Interest. ............................................................................................................ 10
26. Headings. ........................................................................................................................... 10
27. Attorneys’ Fees .................................................................................................................. 10
28. Non-Exclusive Agreement. ................................................................................................ 10
29. Rights and Obligations Under Agreement. ........................................................................ 10
30. Licenses.............................................................................................................................. 10
31. Counterparts. ...................................................................................................................... 10
Form: Professional Services Agreement v. November 2023 Page 3 of 16 Kimley-Horn and Associates, Inc.
March 2024
32. Legal Representation. ........................................................................................................ 10
33. Joint Representation. .......................................................................................................... 11
34. Warranty of Authority........................................................................................................ 11
35. No Waiver of Rights. ......................................................................................................... 11 Exhibit A- Insurance Requirements .............................................................................................. 13 Exhibit B- Scope of Service .......................................................................................................... 16
Form: Professional Services Agreement v. November 2023 Page 4 of 16 Kimley-Horn and Associates, Inc.
March 2024
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND KIMLEY-HORN AND ASSOCIATES, INC.
This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 9th day of April, 2024, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina 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 and City entered into a master service agreement for traffic and transportation on-call services by Council Resolution No. 22563 (executed January 10, 2023); 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 April 9, 2024, and shall terminate on December 31,2025, 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 as set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed three hundred seventy-eight thousand, eight hundred sixty-five dollars ($378,865).
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:
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(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.
Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.
City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant. The City shall process undisputed portion immediately.
5. Meet & Confer. Consultant agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by the City to ensure timely and adequate performance of the Agreement.
6. Additional Copies. If City requires additional copies of reports, or any other material which Consultant is required to furnish as part of the services under this Agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the actual costs related to the production of such copies by Consultant.
7. Responsibility of Consultant. By executing this Agreement, Consultant agrees that the services to be provided and work to be performed under this Agreement shall be performed in a fully competent manner. By executing this Agreement, Consultant further agrees and represents to City that the Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the services contemplated under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant’s work. Consultant further agrees and represents that Consultant shall follow the current, generally accepted practices in this area to the profession to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement.
8. Responsibility of City. To the extent appropriate to the projects to be completed by Consultant pursuant to this Agreement, City shall:
(A) Assist Consultant by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the projects. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City.
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(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) 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.
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. Pursuant to the full language of California Civil Code §2782, design 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 design 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 Consultant. The City agrees that in no event shall the cost to defend charged to the design Consultant exceed that professional’s proportionate percentage of fault. This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.
11. Insurance. Consultant shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.
12. Access to Records. Consultant shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Consultant’s usual and customary business hours.
Consultant shall provide proper facilities to City’s representative(s) for such access and inspection.
13. Non-Assignability. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of
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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. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes.
Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.
15. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City’s behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify the Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Consultant.
16. Termination.
(A) City shall have the authority to terminate this Agreement, upon ten days written notice to Consultant, as follows:
(1) If in the City’s opinion the conduct of the Consultant is such that the interest of the City may be impaired or prejudiced, or
(2) For any reason whatsoever.
(B) Upon termination, Consultant shall be entitled to payment of such amount as fairly compensates Consultant for all work satisfactorily performed up to the date of termination based upon the Consultant’s rates shown in Exhibit B and/or Section 3 of this Agreement, except that:
(1) In the event of termination by the City for Consultant’s default, City shall deduct from the amount due Consultant the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Consultant are made to compensate City for its actual additional costs incurred in securing satisfactory performance of the terms of this Agreement, including but not limited to, costs of engaging another consultant(s) for such purposes. In the event that such additional expenses shall exceed amounts otherwise due and payable to Consultant hereunder, Consultant shall pay City the full amount of such expense.
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(C) In the event that this Agreement is terminated by City for any reason, Consultant shall:
(1) Upon receipt of written notice of such termination promptly cease all services on this project, unless otherwise directed by City; and
(2) Deliver to City all documents, data, reports, summaries, correspondence, photographs, computer software output, video and audio tapes, and any other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such material is to be delivered to City in completed form; however, notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such material.
(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.
(E) The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.
17. Compliance with Laws, Rules, and Regulations. Services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.
18. Exhibits Incorporated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities of the parties.
19. Independent Contractor. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or servant of the City.
20. Integration and Entire Agreement. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.
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21. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.
Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.
22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
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:
Kimley-Horn and Associates, Inc.
Attn: Frederick Venter
10 S. Almaden Blvd
San Jose, CA 95113
(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
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disability. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.
25. Conflict of Interest. Consultant warrants and declares that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, in any manner or degree which will render the services required under the provisions of this Agreement a violation of any applicable local, state or federal law. Consultant further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Consultant as the result of Consultant’s performance of the work or services pursuant to the terms of this Agreement.
26. Headings. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.
27. Attorneys’ Fees. In case suit shall be brought to interpret or to enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys’ fees in addition to such costs as may be allowed by the Court. City’s attorneys’ fees, if awarded, shall be calculated at the market rate.
28. Non-Exclusive Agreement. This Agreement is non-exclusive and both City and Consultant expressly reserves the right to contract with other entities for the same or similar services.
29. Rights and Obligations Under Agreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.
30. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its representatives, agents or subcontractors by federal, state or local law, Consultant warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.
31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
32. Legal Representation. Each party affirms that it has been represented, if it so chose, by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this
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Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.
33. Joint Representation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.
34. Warranty of Authority. Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.
35. No Waiver of Rights. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any of the terms of this Agreement shall not constitute a waiver thereof.
Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. A waiver by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written above.
CITY OF SALINAS
____________________________
Jim Pia
Interim City Manager
APPROVED AS TO FORM:
_________________________
□ Christopher A. Callihan, City Attorney, or
□ Rhonda Combs, Assistant City Attorney
CONSULTANT
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___________________________________
By (Printed Name): ___________________
Its (Title): ___________________________
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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 Liability (“CGL”): Insurance Services Office Form (“ISO”) CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (B) Automobile Liability: ISO Form CA 0001 covering any auto, or if Consultant has no owned autos, hired and non-owned, with limits no less than $1,000,000 per accident for bodily injury and property damage.
(C) Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
(D) Professional Liability (also known as Errors and Omissions) insurance appropriate to the work being performed, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate per policy period of one year.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
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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 Date prior to the Agreement effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
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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.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Maintenance of Insurance
Maintenance of insurance by Consultant as specified shall in no way be interpreted as relieving Consultant of its indemnification obligations or any responsibility whatsoever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary.
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Exhibit B- Scope of Service
City of Salinas, March 19, 2024
Williams Road Safe Street Corridor Project, Page 1
kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, California 95814 916 858 5800
March 19, 2024
Adriana Robles, P.E., CFM
City Engineer
City of Salinas Engineering Division
200 Lincoln Avenue
Salinas, CA 93901
Re: Scope of Services and Fee
Williams Road Safe Street Corridor Project PA&ED
Scope of Services
Phase 1: Project Approval and Environmental Document (PA/ED)
Task 1 – Project management, Coordination, & Documentation We assume the project management task for the PA&ED phase to occur over nine (9) months and conclude with the submittal of the Request for Authorization for the PS&E phase.
Task 1.1 Project & Grant Administration:
Kimley-Horn will supervise, coordinate, and monitor project design activities. Kimley -Horn will coordinate with the City, including providing monthly project status reports. We will develop and maintain a critical path method (CPM) project schedule, updating monthly, and as requested by the City. Kimley-Horn will assist the City in submitting Quarterly Performance Progress Reports to FHWA in conformance with posted guidance.
Task 1.2 Coordination and Meetings:
We anticipate holding an initial kick-off meeting with the City to discuss the proposed project approach, potential design challenges, schedule, and deadlines. We as sume up to 18 additional biweekly meetings with the City , with the remainder of coordination through email and telephone calls. Meetings will be summarized with meeting minutes, and we assume all meetings with be online format. If requested by the City, we can be available for limited in-person meetings, up to the estimated budget for this task.
Task 1.3 Coordination for RFA for PS&E
Kimley-Horn will assist the City with preparing the necessary documentation as required by FHWA to submit for the Request for Authorization (RFA) for the PS&E phase.
TASK DELIVERABLES
▪ Monthly invoices (PDF)
▪ Meeting notes (PDF)
▪ Baseline Agreement and RFA documentation (PDF)
▪ Monthly schedule updates (PDF)
EXHIBIT B - SCOPE OF SERVICES
City of Salinas, March 19, 2024
Williams Road Safe Street Corridor Project, Page 2
TASK 2 – Public Outreach and Stakeholder Coordination
Task 2.1 Stakeholder coordination:
Subtask 2.1.1 City Staff Design Meetings
Kimley-Horn will conduct focused meetings with City staff to discuss key project features , corridor segments, and design concerns, and solicit their feedback. These meetings are also expected to include coordination with the consultants developing the Alisal Streetscape Master Plan concepts. This scope of work assumes two (2) in-person meetings over the course of the project.
Subtask 2.1.2 Stakeholder Meetings
Kimley-Horn will conduct a series of meetings with affected stakeholders , and community groups and business groups to inform them about the project and solicit their feedback. This scope of work assumes up to three (3) meetings over the course of the project. If conditions dictate, virtual/online format meetings can be accommodated.
Subtask 2.1.3 Meetings with City Council Members and City Commission Groups In coordination with City staff, Kimley -Horn will prepare for and present an overview of the corridor study project to specific members of the City Council representative(s) for project area and relevant Staff and/or City Commissions . This scope assumes the Council members and commissions will be defined during the project kickoff meeting . These meetings will address the project scope and schedule, and provide an overview regarding our findings r egarding baseline conditions and alternatives. We will solicit feedback about the corridor which will be used to further identify existing corridor multimodal deficiencies and help define specific project objectives. This scope of work assumes up to four (4) meetings over the course of the project.
If conditions dictate, virtual/online format meetings can be accommodated.
Task 2.2 Community Meetings and Coordination:
Kimley-Horn will prepare for and facilitate two (2) Community Workshops in coordination with City staff.
The purpose of the workshops will be to provide a presentation on the project and collect public feedback on issues to consider in refining project improvements. This feedback will be used during Task 3.1 Concept Refinement.
The content for each community meeting will be refined based on input from the kick -off meeting and subsequent biweekly meetings . In partnership with the City , Kimley-Horn will promote the community meetings via the City’s social median channels and provide a forum to discuss issues and opportunities.
A draft and final flyer will be prepared for posting on the project website, emailing to stakeholders and persons on the project email contact list, and public posting (by City staff).
Task 2. - Project Information and Outreach Materials:
The outreach materials required for the meetings and coordination tasks above are included in this task and are assumed to be the following:
• PowerPoint presentation
• Meeting handouts
• Graphic poster boards
• Community meeting notice flyers
City of Salinas, March 19, 2024
Williams Road Safe Street Corridor Project, Page 3
TASK DELIVERABLES
▪ Community meeting notice flyers (2)
▪ Public outreach materials for all community, stakeholder and local government meetings, including graphic poster boards (up to 6, 24”x36”), PowerPoint presentations, handouts, and signup and comment sheets.
▪ Summary meeting notes for all community, stakeholder and local government meetings
TASK 3 – Preliminary Engineering
Task 3.1 Concept Refinement:
Based on City and stakeholder comments and input from the first community meeting, Kimley-Horn will refine the Williams Road Safety Improvements corridor design concepts. During concept refinement, options and trade-offs typically considered are variations on the roundabouts inscribed circle diameter and central island, location of the roundabout, and variations in the approach and departure geometry.
Kimley-Horn will evaluate up to three (3) alternatives including connection to different cross section alternatives developed for the Alisal Streetscape Master Plan for the roadway segments between the roundabouts. Layouts will be developed in CADD using aerial images. The refined concepts will be submitted to the City for review and comment.
Key features evaluated during this phase typically include:
⚫ Size and location of required intersection cont rol relative to right -of-way and geometric constraints
⚫ Local access / access control considerations
⚫ Alignment of approaches and departures
⚫ Cross section alternatives along Williams Road
⚫ Travel paths for bicyclists and pedestrians
⚫ Green street elements and storm water treatment areas ⚫ Existing driveway locations
⚫ Future conditions for roundabout to be considered and space left available for additional lanes
Underground utilities will not be considered in this evaluation.
It is assumed that constraints at the project location will be identified by the Client and provided to Kimley-Horn prior to development of the project concepts. This scope assumes development of one draft concept layout of each intersection control alternative.
Task 3.1 Deliverables:
o Concept alternatives (PDF).
Task 3.2 – Greenstreet & Stormwater Evaluation:
Kimley-Horn will prepare a stormwater treatment analysis for the project, which will include documenting treatment requirements, computing stormw ater treatment areas, and identify opportunities and feasibility of implementing green street principles for storm water quality control.
Alternatives may include but are not limited to impervious pavement, flow thru planters, underground storage, etc. The stormwater analysis will be submitted will be submitted with the Concept Alternatives.
City of Salinas, March 19, 2024
Williams Road Safe Street Corridor Project, Page 4
Task 3.3 - Urban Design Palate Concepts
Preliminary Landscape and Hardscape Concepts:
Kimley-Horn will develop up to three (3) different conceptual improvement themes that will identify the colors, materials, textures, layout and general size of landscape and hardscape improvements. It is anticipated that this information will be conveyed t hrough plans, elevations, sketches and sample character imagery. Consultant assumes up to one (1) round of revisions based on staff and/or stakeholder input. Additional revisions may be provided as additional services Preferred Landscape and Hardscape Concept:
Kimley-Horn will utilize input received from staff and stakeholders on the preliminary landscape and hardscape design concepts to create one (1) final preferred theme for final design direction prior to beginning the PS&E phase. Concept will illustrate final colors, materials, textures, layout and general size of hardscape and landscape elements. It is anticipated that this information will be conveyed through plans, elevations, sketches and sample character imagery. Consultant assumes up to one (1) round of revisions based on staff and/or stakeholder input. Additional revisions may be provided as additional services
Task 3.4 – Utility Coordination:
Kimley-Horn will notify PG&E and request that if they plan to install new facilities within the project area that they coordinate with the City as soon as possible. Record plans received from PG&E will be reviewed to identify potential utility companies and conflicts with the proposed improvements as well as identify high priority facilities. We will create utility impacts exhibits, which identify areas of potential utility conflict or high priority facilities. We will work with PG&E and with the City to determine a strategy for dealing with utility conflicts, including adjustments, relocations, and protection in place.
This scope assumes up to twenty (20) hours for this task.
Depending on the existing facilities within the project area, potholing may be required to determine exact locations of crossing utility conflicts or high priority facilities. Potholing recommendations will be made for work to be completed under Phase 2 of this project.
TASK DELIVERABLES
▪ Concept Alternatives (PDF)
▪ Stormwater Treatment Memorandum
▪ Draft and Final Concept Landscape and Hardscape Board (one (1) 24”x36” hardcopy board of final concept, PDF)
TASK 4 – Environmental Documentation
This scope of work for environmental documentation is consistent with Federal Highway Program Guidelines, Local Assistance Procedures Manual (LAPM), Local Assistance Program Guidelines (LAPG), the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). Both CEQA and NEPA are required due to core federal funding through the Cycle 2 Safe Streets for All (SS4A) Grant Program administered through FHWA.
All technical studies described herein will be prepared to comply with both CEQA and NEPA.
City of Salinas, March 19, 2024
Williams Road Safe Street Corridor Project, Page 5
Task 4.1 - Preliminary Environmental Study (PES) Form and Area of Potential Effects (APE) Map
Environmental issues that may require further detailed study will be documented in the PES for City concurrence prior to the initiation of the technical study work program. Consultant will draft a PES Form for C ity review with respect to the proposed project details. The C ity reviewed PES Form will be submitted to FHWA for review and approval. Environmental manager will be available for one site visit with the City to review the area and take comments on the PES Form. The Caltrans-approved PES Form will act as the final work scope for the required NEPA compliance documentation.
As part of this task, th e Consultant team will draft the Area of Potential Effects (APE) map for both Archaeology and Historic Architecture (as applicable) in coordination with the City and Caltrans. Once the City has reviewed and approved the APE map, the APE Map will be submitted, with the PES Form, for Caltrans Professionally Qualified Staff (PQS) approval. The APE map will then provide the cultural resources boundaries for the Caltrans PQS-prepared Screened Undertaking.
Task 4.2 Technical Study Work Program
Consultant proposes to prepare technical studies in conformance with the National Environmental Policy Act of 1969 (NEPA), pertinent FHWA regulations, Caltrans’ Environmental Handbook, and the California Environmental Quality Act (CEQA). Consultant will coordinate w ith Caltrans staff to formalize the specific content and format requirements for each study. The Consultant team has developed the following technical study work plan to satisfy City and Caltrans’ environmental requirements (budgets for the following tasks assume responses on two consolidated, non-conflicting sets of City / Caltrans review comments).
Subtask 4.2.1: Air Quality Analysis
Based on our experience with Caltrans District 5, a review of the project concepts, and a review of the Caltrans PES Form, Consultant anticipates that air quality can be addressed within the context of the environmental document for construction purposes and would not require a technical study. In addition, the project is exempt from air quality conformity based on 40 CFR 93.126, Table 2, which lists Traffic Control Devices and Operating Assistance Other than Signalization Projects, as exempt from the requirement that a conformity determination be made.
Consistent with this Scope of Services, Consultant will prepare a Project of Air Quality Concern (POAQC) checklist. Accordingly, the following air quality technical study will be completed:
Fugitive dust and equipment exhaust emissions from construction activities will be quantitatively evaluated using the latest version of the Roadway Construction Emissions Model (RCEM). As the project involves a multi-lane roundabout and would not add roadway capacity or involve other physical roadway modifications, the analysis will briefly describe that the proposed project would improve intersection operations and not negatively impact air quality.
The particulate matter analysis will require PM2.5 interagency consultation with the Association of Monterey Bay Governments (AMBAG) Regional Planning Partnership Project Level Conformity Group to determine project level conformity.
This scope assumes that the project would not be a POAQC as determined by the checklist and related technical study.
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Williams Road Safe Street Corridor Project, Page 6
▪ This scope assumes that AMBAG interagency consultation will be conducted via teleconference.
▪ This scope excludes operational emissions quantification. ▪ This scope excludes Quantitative Transportation Conformity Hot-Spot Analysis.
Subtask 4.2.2: Acoustical Analysis
Consultant will prepare a noise study report consistent with the Caltrans Noise Analysis Protocol (May 2011) and Technical Noise Supplement (TeNS) to address traffic noise impacts on land uses located adjacent to the proposed project. Noise standards regulating noise impacts, including the Federal Highway Administration (FHWA) Noise Abatement Criteria (NAC) and applicable local noise ordinances, will be discussed for land uses located adjacent to the project. The areas with potential future traffic noise impacts will be identified using land use information, aerial photographs, and field reconnaissance. A discussion of any existing sensitive uses and approved future uses in the project vicinity will be included.
Ambient noise level measurements will be conducted to establish the existing noise environment at representative noise-sensitive land uses along Williams Road within the project area. Short-term (20-minute) noise level measurements will be conducted at up to four locations with concurrent traffic counts to document the existing noise environment and to calibrate the traffic noise model. Long-term 24-hour noise level measurements will be conducted at one representative location to identify the peak traffic noise hour. Observations of other noise sources, barriers, terrains, building heights, and other site-specific information will be noted during each measurement period.
Short-term noise impacts from project construction sources will be analyzed based on the equipment expected to be used, length of a specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The construction noise impact will be evaluated in terms of maximum levels (Lmax) and the frequency of occurrence at adjacent noise-sensitive locations. Analysis requirements will be based on the sensitivity of the area and the City’s Noise Ordinance specifications.
The Federal Highway Administration (FHWA) Traffic Noise Model (TNM) version 2.5 will be used to evaluate the traffic noise levels associated with the following project scenarios:
Existing, Future No Build, and one Future Build Alternative. Model input data include peak hour traffic volumes, vehicle mix among autos, medium and heavy trucks, vehicle speeds, ground attenuation factors, and roadway configurations. The existing and futur e traffic conditions will assume either the worst-case traffic condition or the peak-hour traffic volumes provided in limited traffic study, whichever is lower.
Noise abatement measures (noise barriers) designed to reduce long-term traffic noise impacts by 5 dBA or more, as required to be feasible, will be evaluated if warranted. This Scope of Services assumes that, based on these findings, a Noise Abatement Decision Report will not be required.
Task 4.2.3: Hazardous Materials Memorandum
Consultant will prepare the Initial Site Assessment (ISA) in general accordance with the Caltrans ISA guidelines and ASTM Standard E-1527-13. Exceptions in the Phase I standard include: 1) no title searches or property appraisals will be performed for the subject property and vicinity, and 2) no direct interviews of the owners of the subject parcels except for City staff will be performed. Soil sampling and testing will not be performed as part of the Phase I ISA. Should additional analysis including soil testing be required, this can be accommodated under a separate scope of work.
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Consultant will review available data, including previous studies, Resource Conservation and Recovery Act (RCRA) facility inspections and plans, site investigation reports, grou ndwater monitoring reports, and federal and state record reviews within one mile of the Project site.
The available records will be used to determine the potential presence of RECs by previous land use and any historic operations that have had a high probability of RECs. This research will also be used to help support the absence of RECs.
Subtask 4.2.4: Natural Environment Study
Consultant will prepare a report discussing the results of a literature review and field studies, and analysis of potential project impact on natural resources. The report will provide information on use of the site (known and potential) by sensitive species identified during the desktop review and surveys. Potential use of the project area by special-status wildlife and plant species will be ranked qualitatively depending upon the suitability of the habitat and/or proximity of any known records found during the database search. Species observed on -site will be reported in the findings. Based on the findings and likelihood of occur rences of special-status species, Consultant will include a discussion of potential constraints that may be required during project activities to further inform project design and implementation.
The report will provide an analysis of special-status species and habitats within the project area, and will include an impact analyses and provide mitigation measures. In addition, Sequoia will develop a detailed set of maps representing habitat types as well as observed and historic locations of special-status species on and in the vicinity of the project site.
Consultant will perform research and compile online database lists of special-status species from the following sources:
• U.S. Fish and Wildlife Service (USFWS), National Marine Fisheries Service (NMFS), California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB), and California Native Plant Society (CNPS), and • Existing peer-reviewed literature, environmental documents, etc.
Consultant will then conduct a reconnaissance-level site visit to determine what biological resources and special-status species habitat may be present. Consultant will prepare a NES report following the Caltrans Standard Environmental Reference template format. The NES will evaluate all observed biological resources and provide avoidance and minimization measures for resources with potential to occur in or near the project site. The NES will include mapping indicating the locations of suitable habitat for federally protected species. It will also include avoidance and minimization measures to minimize the project’s impacts/effects to biological resources.
Subtask 4.2.5: Cultural Resources
APE Map: All Section 106 project reports must include a formal area of potential effect (APE) map. The project archaeologist will prepare a draft text description and map depicting the project’s cultural resources APE (see Task 4.1). The APE will include all areas within the proposed excavation extent as well as all project support areas, such as staging areas and temporary access roads, if needed. The APE map will be reviewed and approved by Caltrans and may need to be modified if there are alterations to the project or if Caltrans has comments on the map. The APE map will be included in the final technical report.
Background Research: The project archaeologist will conduct a California Historical Resources Information Systems (CHRIS) records search for the APE and a 0.25-mile radius at the Northwest Information Center (NWIC), which houses cultural resource records for Monterey County. The purpose of the records search will be to identify any previously recorded cultural resources that may be located within the APE. In addition to a review of previously prepared site records and reports, the records search will also review historical City of Salinas, March 19, 2024
Williams Road Safe Street Corridor Project, Page 8
maps, ethnographies, the National Register of Historic Places (NRHP), the California Register of Historical Resources (CRHR), the California Built Environment Resources Directory (BERD), and the lists of California State Historical Landmarks, California Points of Historical Interest, and Archaeological Determinations of Eligibility. Moreover, the archaeologist will review soil maps to determine if there is a potential for buried cultural resources to be present within the APE.
Concurrently, the Native American Heritage Commission (NAHC) will be contacted for a review of their Sacred Lands File (SLF) database. The NAHC will determine if any NAHC- listed Native American sacred lands are located within the APE. In addition, the NAHC will provide a list of Native American contacts who may have additional information about cultural or tribal cultural resources in the vicinity of the Project. The archaeologist will prepare and mail one round of letters to the NAHC-listed contacts, requesting that they contact us if they know of any Native American cultural resources in the vicinity of the project.
Fieldwork: The project team’s archaeologists will conduct an intensive surface survey (10-to- 15-meter transects) of all accessible land within the APE. The purpose of the survey will be to determine presence/absence of prehistoric and/or historical period cultural materials as well as surface topography and soil characteristics that suggest potential for buried cultural materials.
Reporting: The project team will prepare a final technical report that documents the results of the background research and field efforts and contains recommendations for the project moving forward. The report will be compliant with Section 106 of the NHPA and address CEQA requirements.
Subtask 4.2.6: Visual Assessment Memorandum
It is anticipated that the Caltrans’ Questionnaire to Determine Visual Impact Assessment (VIA) Level score would below 15 for this project. Therefore, the appropriate document level is a technical memorandum. The Consultant will prepare the memorandum consistent with the current Caltrans Landscape Architecture Program’s recommended ou tline per the SER.
The Memorandum will briefly discuss the existing visual setting, sensitive receptors, and will analyze the visual change as compared to baseline conditions. This analysis will summarize the project’s visual change. The brief technical memorandum will address visual issues and provide a rationale why a formal technical study is not required, per the Caltrans SER. This scope excludes formal visual report preparation, viewshed mapping analysis, Key View analysis, and photo simulations.
Subtask 4.2.7: Traffic and Circulation Memo
Data Collection and Meetings
This scope of work will build off of the previous Intersection Control Evaluation (ICE) prepared for the project. Kimley-Horn shall be entitled to rely on the completeness and accuracy of all information provided by the City. Prior to initiating work on this task, Kimley- Horn will scope traffic study approach with City staff. Any additional analysis not included in this scope of work may require an amendment to scope and fee.
The City shall provide all information requested by Kimley-Horn during the project including, but not limited to the following:
▪ Recent/relevant project area traffic data (i.e., volumes, classifications, speeds, collisions, etc.)
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▪ Forecast traffic data (volume, truck volumes, etc.) in readily useable format for Cumulative Conditions
▪ Seasonal adjustment factors to convert average daily traffic (ADT) to average annual daily traffic (AADT)
Kimley-Horn will complete a site visit of the immediate project vicinity to observe existing operations and lane configurations, vehicle storage lengths, existing traffic control, speed limits, lane utilization, adjacent land uses, and other readily apparent features for the study facilities that are deemed by Kimley-Horn to be relevant to the Scope of Services.
This Scope of Services includes collection of three (3) total 48-hour weekday, AM and PM peak-period intersection turning movement counts (2 hours each peak, 8 hours total per intersection). We will also collect up to three (3) 7-day bi-directional roadway volume and vehicle classification counts. The purpose of this data is to inform the existing conditions operations analysis, and to establish the existing truck volumes.
Kimley-Horn will participate in up to two (2) total project meetings.
Local Transportation Analysis (LTA)
A weekday AM and PM peak-hour local transportation analysis (LTA) will be completed. This analysis will include a Level of Service (LOS) analysis for the following scenarios:
A. Opening Year Conditions+
B. Opening Year plus Proposed Project Conditions ++
C. Cumulative Conditions+++
D. Cumulative plus Proposed Project Conditions++
+ To be established by manually adding annual growth to the existing traffic count volumes
++ “Proposed Project” involves the conversion from Side-Street Stop Control (SSSC) to Roundabout
+++ To be established using readily-useable data to be provided by the City
The LOS analysis will be completed for the single project intersection. LOS will be determined for the time periods and analysis scenarios listed above. LOS for each scenario will be determined using methods defined in the Highway Capacity Manual, using appropriate traffic analysis software (Synchro® and Sidra®) .
Efforts completed in this Task will be documented in brief technical memorandum format with graphics as deemed appropriate by Kimley-Horn. We will prepare and submit electronic copies of the following deliverables to the project team:
▪ Draft – comprehensive traffic study
▪ Final – incorporation of consolidated, non-conflicting comments on the Draft
Task 4.3 NEPA Documentation
Consultant will prepare a NEPA CatEx, with supporting technical studies identified above, pursuant to Section 23 USC 326, 23 CFR 771 activity (c)(23). Consultant will also prepare a Draft Environmental Commitments Record (ECR), if necessary, which will be submitted to Caltrans for review and approval. Should any of the studies identify the need to prepare the more time -consuming Environmental Assessment, a separate scope and fee will be provided to the City.
Task 4.4 CEQA Initial Study/Mitigated Negative Declaration Consultant will prepare the IS/MND for the roundabout project in conformance with CEQA and the regulations, requirements, and procedures of the City and other responsible Public Agencies with City of Salinas, March 19, 2024
Williams Road Safe Street Corridor Project, Page 10
jurisdiction by law. The analysis will focus on the potential direct and indirect effects of the roundabout projects, considering the environmental resources within and immediately surrounding the existing Williams Road corridor.
Administrative Draft IS/MND
Consultant will prepare an Administrative Draft IS/MND in accordance with industry standards and City CEQA criteria. Consultant will evaluate relevant and readily available information with respect to the existing conditions, the potential adverse effects of project implementation (both individual and cumulative), and measures to mitigate such effects.
Consultant will conduct quality control review of each IS/MND submittal prior to its submittal to City for review. The IS/MND will be reviewed for compliance with CEQA guidelines and requirements.
Consultant will review the document to make sure that the IS/MND is consistent with the guidelines related to CEQA, City regulations, and any other applicable guidelines, regulations, or laws. In addition, the analysis in each environmental topical section will be evaluated to verif y that the potential indirect and direct impacts of the proposed project are thoroughly addressed, and adequate minimization, avoidance or mitigation measures are included.
Consultant will prepare the Administrative Draft IS/MND and submit electronically to the City for review.
Should one or more impacts be identified as significant and unavoidable after mitigation, thus necessitating the preparation of an Environmental Impact Report (EIR) under CEQA, a separate scope of work and budget can be prepared for the City.
Screencheck Draft IS/MND
Upon receipt of City review comments, Consultant will revise the Administrative Draft IS/MND and provide a Screencheck Draft IS/MND for final City approval prior to public review. Consultant will respond up to two (2) rounds of City comments received on the Administrative Draft IS/MND.
Public Distribution and Review
Electronic document availability is highly recommended and encouraged. However, u p to five (5) copies of the Public Review Draft IS/MND will be provided for public review at public locations.
Consultant will also prepare required noticing. Document distribution to local agencies or property owners shall be the responsibility of the City. Consultant can assist with electronic document submittal to the State Clearinghouse if requested by the City.
Consultant will work with the City to prepare a Notice of Intent to Adopt a Mitigated Negative Declaration and Notice of Availability for an Initial Study for publication in the newspaper of general circulation.
Response to Comments
Consultant will respond to comments received on the Draft IS/MND during the 30-day public review period. The Draft Responses to Comments will be prepared for review by City staff. Following review of the Draft Responses to Comments, Consultant will finalize the Response to Comments section for inclusion in the Final IS/MND. This scope of work assumes 40 hours of effort for the response to comments.
Final Environmental Document
To comply with the Public Resources Code Section 21081.6 (AB 3180), Consultant will prepare a Draft Mitigation Monitoring and Reporting Program (MMRP) which will be submitted to the City for review and approval. Consultant will respond to one (1) complete set of City comments on the Draft MMRP. The Draft MMRP will be defined through working with staff to identify appropriate monitoring steps and procedures in order to provide a basis for monitoring such measures during and upon City of Salinas, March 19, 2024
Williams Road Safe Street Corridor Project, Page 11
project implementation. The Final IS/MND will be assembled including the Draft IS/MND, Comments and Responses, Technical Appendices, and Final MMRP.
Consultant will complete the CEQA process for environmental clearance including the filing of the Notice of Determination (NOD). A draft NOD will be prepared and submitted to the City for review and comment. Following the review, Consultant will prepare a Final NOD and submit to the City.
Consultant will work with the City to file the NOD with the City Clerk’s office within five (5) days of the City approval of the IS/MND and/or project. At that time, the City will also pay the current CDFW CEQA Document Filing Fee. The filing fee is not included in the budget.
Task 4.5 Environmental Coordination and Meeting Attendance
Project Coordination: Kimley-Horn’s environmental task leader will provide project management, review, quality control/quality assurance throughout the duration of Task 4. The task leader will coordinate with state and local agencies regarding the environmental documents.
Meeting Attendance: Consultant’s environmental task leader estimates and has budgeted for up to 12 meetings with City staff. Meetings include the PES Form site visit, a “kick -off meeting”, and ongoing project status/strategy meetings, and up to 2 public meet ings. This scope of work assumes a total of 40 hours for meeting and coordination time.
TASK DELIVERABLES
▪ Administrative Draft IS/MND (PDF)
▪ Public Review Draft IS/MND (with appendices/technical memos) (PDF) ▪ Written Responses to Public Comments (PDF)
▪ Mitigation Monitoring and Reporting Program (PDF)
▪ Draft CEQA Notices (NOI/NOA, NOC, NOD) (PDF)
Schedule
We will provide our services as noted in the above Scope of Services and will complete the work within a schedule mutually agreed to at the kick-off meeting.
Fee and Billing
Kimley-Horn will perform the services in Tasks 1 - 4 on a labor fee plus expense basis with the maximum labor fee shown below.
Task 1 Project Management, Coordination, & Documentation $_ 39,790__ Task 2 Public Outreach and Stakeholder Coordination $__52,270 _ Task 3 Preliminary Engineering $__66,700__
Task 4 Environmental Documentation $_ 160,130 _
Maximum Labor Fee $_318,890 _
Direct Costs $__59,975_
Total Contract $_378,865 _
Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client.
Individual task amounts are provided for budgeting purposes only. Kimley -Horn reserves the right to reallocate amounts among tasks as necessary.
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Williams Road Safe Street Corridor Project, Page 12
Labor fee will be billed on an hourly basis according to our then-current rates. As to these tasks, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.10 times cost. A percentage of labor fee will be added to each invoice to cover certain other expenses as to these tasks such as telecommunications, in -house reproduction, postage, supplies, project related computer time, and local mileage. Administrative time related to the project may be billed hourly. All permitting, application, and similar project fees will be paid directly by the Client. Should the Client request Kimley-Horn to advance any such project fees on the Client’s behalf, an invoice for such fees, with a ten percent (10%) markup, will be immediately issued to and paid by the Client.
Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number.
Additional Work
Kimley Horn is fully prepared to immediately start the preparation of plans, specifications, and estimates (PS&E) construction documents should the City seek to continue the contract.
We appreciate the opportunity to provide these services to you. Please contact me at (916) 571 -1016 if you have any questions.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Sean Houck, P.E.
P.E. No. C59500
Hourly Billing Rate $415 $360 $325 $275 $255 $225 $175 $150 Task 1 Project Management, Coordination, & Documentation 42 2 84 18 146 $ 39,790
1.1 Project & Grant Administration 30 18 48 $ 10,350
1.2 Coordination and Meetings 40 40 80 $ 24,600
1.3 Coordination for RFA for PS&E 2 2 14 18 $ 4,840
Task 2 Public Outreach and Stakeholder Coordination 4 42 12 10 68 20 40 196 $ 52,270
2.1 Stakeholder Coordination
2.1.1 City Staff Design Meetings 8 8 16 $ 4,920
2.1.2 Stakeholder Meetings 6 10 16 $ 4,710
2.1.3 Meetings with City Council Members and City Commission Groups 8 12 20 $ 5,940
2.2 Community Meetings and Coordination 12 18 30 $ 8,910
2.3 Project Information and Outreach Materials 4 8 12 10 20 20 40 114 $ 27,790 Task 3 Preliminary Engineering 10 34 10 110 40 70 274 $ 66,700
3.1 Concept Refinement 10 6 4 40 40 60 160 $ 36,350
3.2 Greenstreet & Stormwater Evaluation 20 50 70 $ 19,250
3.3 Urban Design Palate Concepts 6 20 26 $ 7,050
3.4 Utility Coordination 2 6 10 18 $ 4,050
Task 4 Environmental Documentation 2 98 106 220 72 110 45 653 $ 160,130
4.1 PES and APE Map 6 20 26 $ 5,450
4.2 Technical Study Work Program
4.2.1 Air Quality Analysis 2 20 35 57 $ 15,075
4.2.2 Acoustical Analysis 2 16 45 63 $ 16,525
4.2.3 Hazardous Materials Memorandum 20 20 $ 5,100
4.2.4 Natural Environment Study/Biological Assessment 2 2 4 $ 1,100
4.2.5 Cultural Resources 2 40 40 15 97 $ 24,100
4.2.6 Visual Assessment Memorandum 2 10 12 $ 2,900
4.2.7 Traffic and Circulation Memorandum 2 163 04 06 02 0 10 178 $ 42,980
4.3 NEPA Documentation 16 16 $ 5,200
4.4 CEQA Initial Study/Mitigated Negative Declaration 20 40 60 20 140 $ 30,200
4.5 Environmental Coordination and Meeting Attendance 30 10 40 $ 11,500 TOTAL HOURS 6 94 144 128 482 132 220 63 1269
Subtotal Labor: $2,490 $33,840 $46,800 $35,200 $122,910 $29,700 $38,500 $9,450 $ 318,890 Other Direct Costs $ 59,975
Escalation $ 7,975
Natural Environment Study/Biological Assessment $ 40,000 NDS Traffic Counts $ 10,000
Travel/Mileage $ 2,000
TOTAL COST: $ 378,865
CITY OF SALINAS
Williams Road SS4A PA&ED
Kimley-Horn and Associates, Inc.
Project
Support TOTAL
HOURS
TOTAL
COST
Sr.
Professional I Professional Analyst II Analyst ISr.
Professional II
Sr.
Professional II
Sr.
Professional I
BR00PUPRF.A.001
City of Salinas, January 24, 2024
Williams Road Safe Street Corridor Project, Page 13
KIMLEY-HORN AND ASSOCIATES, INC.
STANDARD PROVISIONS
1) Kimley-Horn's Scope of Services and Additional Services. Kimley-Horn will perform only the services specifically described in this Agreement. If requested by the Client and agreed to by Kimley -Horn, Kimley- Horn will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay Kimley -Horn for any Additional Services a n amount based upon Kimley - Horn’s then -current hourly rates plus an amount to cover certain direct expenses including telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Other direct expenses will be billed at 1.15 times cost.
2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall:
a. Designate in writing a person to act as its representative, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions. b. Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project and all standards of development, design, or construction. c. Provide Kimley-Horn all available studies, plans, or other documents pertaining to the project, such as surveys, engineering data, environmental information, etc., all of which Kimley-Horn may rely upon. d. Arrange for access to the site and other property as required for Kimley-Horn to provide its services. e. Review all documents or reports presented by Kimley -Horn and communicate decisions pertaining thereto within a reasonable time so as not to delay Kimley-Horn. f. Furnish approvals and permits from governmenta l authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary. g. Obtain any independent accounting, legal, insurance, cost estimating, and feasibility services required by Client.
h. Give prompt written notice to Kimley -Horn whenever the Client becomes aware of any development that affects Kimley-Horn's services or any defect or noncompliance in any aspect of the project.
3) Period of Services. Unless otherwise stated herein, Kimley-Horn will begin work after receipt of a properly executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress through completion of the services. Times for perform ance shall be extended as necessary for delays or suspensions due to circumstances that Kimley-Horn does not control. If such delay or suspension extends for more than six months, Kimley-Horn’s compensation shall be renegotiated.
4) Method of Payment. Client shall pay Kimley-Horn as follows:
a. Invoices will be submitted periodically for services performed and expenses incurred. Invoices are due and payable upon presentation. Client shall pay Kimley-Horn a time price differential of one and one-half percent (1.5%) of the outstanding amount of each invoice that is overdue for more than 30 days. The Client shall also pay any applicable sales tax. All retainers will be held by Kimley-Horn and applied against the final invoice.
If the Client fails to make any payment due under this or any other agreement within 30 days after presentation, Kimley-Horn may, after giving notice to the Client, suspend services and withhold deliverables until all amounts due are paid, and may commence legal proceedings including filing liens to secure payment. b. If the Client relies on payment or proceeds from a third party to pay Kimley -Horn and Client does not pay Kimley-Horn’s invoice within 60 days of receipt, Kimley-Horn may communicate directly with such third party to secure payment.
c. If the Client objects to an invoice, it must advise Kimley -Horn in writing giving its reasons within 14 days of receipt of the invoice or the Client’s objections will be waived, and the invoice shall conclusively be deemed due and owing. If the Clie nt objects to only a portion of the invoice, payment for all other portions remains due.
d. If Kimley-Horn initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall include the cost, at Kimley -Horn's normal hourly billing rates, of the time devoted to such proceedings by its employees.
e. The Client agrees that the payment to Kimley -Horn is not subject to any contingency or condition. Kimley - Horn may negotiate payment of any check tendered by the Client, even if the words “in full satisfaction” or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of Kimley-Horn to collect additional amounts from the Client.
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5) Use of Documents. All documents and data prepared by Kimley-Horn are related exclusively to the services described in this Agreement and may be used only if the Client has satisfied all of its obligations under this Agreement. They are not intended or represented to be suitable for use or reuse by the Client or others on extensions of this project or on any other project. Any mo difications by the Client to any of Kimley -Horn’s documents, or any reuse of the documents without written authorization by Kimley-Horn will be at the Client's sole risk and without liability to Kimley -Horn, and the Client shall indemnify, defend and hold Kimley-Horn harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. Kimley-Horn’s electronic files and source code remain the property of Kimley -Horn and shall be provided to the Client only if expressly provided for in this Agreement. Any electronic files not containing an electronic seal are provided only for the convenience of the Client and use of them is at the Client’s sole risk.
In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by Kimley-Horn, the hardcopy shall govern.
6) Intellectual Property. Kimley-Horn may use or develop its proprietary software, patents, copyrights, trademarks, trade secrets, and other intellectual property owned by Kimley-Horn or its affiliates (“Intellectual Property”) in the performance of this Agreement. Unless explicitly agreed to in writing by both parties to the contrary, Kimley-Horn maintains all interest in and ownership of its Intellectual Property and conveys no interest, ownership, license to use, or any other rights in the Intellectual Property to Client. Any enhancements of Intellectual Property made during the performance of this Agreement are solely owned by Kimley-Horn and its affiliates. If Kimley-Horn’s services include providing Client with access to or a license for Kimley-Horn’s (or its affiliates’) proprietary software or technology, Client agrees to the terms of the Software License Agreement set forth at https://www.kimley-horn.com/khts-software-license-agreement (“the License Agreement”) which terms are incorporated herein by reference.
7) Opinions of Cost. Because Kimley-Horn does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to the costs of construction and mate rials, are made solely based on its judgment as a professional familiar with the industry. Kimley-Horn cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Kimley-Horn's services required to bring costs within any limitation established by the Client will be paid for as Additional Services.
8) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof, or upon thirty days’ wr itten notice for the convenience of the terminating party. Kimley -Horn shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by Kimley-Horn as a result of such termination.
9) Standard of Care. The standard of care applicable to Kimley-Horn’s services will be the degree of care and skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by Kimley-Horn's performance of services, and it is agreed that Kimley-Horn is not a fiduciary with respect to the Client.
10) LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to the Client and Kimley-Horn, the risks are allocated such that, to the fullest extent allowed by law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the aggregate, of Kimley-Horn and Kimley-Horn's officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of or i n any way related to the services under this Agreement from any causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of Kimley-Horn or Kimley-Horn's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by Kimley -Horn under this Agreement or $50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee.
This Section is intended solely to limit the remedies available to the Client or those claiming by or through the Client, and nothing in this Section shall require the Client to indemnify Kimley-Horn.
11) Mutual Waiver of Consequential Damages. In no event s hall either party be liable to the other for any consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits.
City of Salinas, January 24, 2024
Williams Road Safe Street Corridor Project, Page 15
12) Construction Costs. Under no circumstances shall Kimley -Horn be liable for extra cos ts or other consequences due to unknown conditions or related to the failure of contractors to perform work in accordance with the plans and specifications. Kimley-Horn shall have no liability whatsoever for any costs arising out of the Client’s decision to obtain bids or proceed with construction before Kimley -Horn has issued final, fully approved plans and specifications. The Client acknowledges that all preliminary plans are subject to substantial revision until plans are fully approved and all permits obtained.
13) Certifications. All requests for Kimley -Horn to execute certificates, lender consents, or other third -party reliance letters must be submitted to Kimley-Horn at least 14 days prior to the requested date of execution.
Kimley-Horn shall no t be required to execute certificates, consents, or third -party reliance letters that are inaccurate, that relate to facts of which Kimley -Horn does not have actual knowledge, or that would cause Kimley-Horn to violate applicable rules of professional responsibility.
14) Dispute Resolution. All claims arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the American Arbitration Association as a condition precedent to litigation. Any mediation or civil action by Client must be commenced within one year of the accrual of the cause of action asserted but in no event later than allowed by applicable statutes.
15) Hazardous Substances and Conditions. Kimley-Horn shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Kimley -Horn's services will be limited to analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation . Kimley -Horn will notify the Client of unanticipated hazardous substances or conditions of which Kimley-Horn actually becomes aware. Kimley-Horn may stop affected portions of its services until the hazardous substance or condition is eliminated.
16) Construction Phase Services.
a. If Kimley-Horn prepares construction documents and Kimley-Horn is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against Kimley-Horn in any way connected thereto. b. Kimley-Horn shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, equipment maintenance and inspection, sequence, schedule, safety programs, or safety practices, nor shall Kimley-Horn have any authority or responsibility to stop or direct the work of any contractor. Kimley- Horn's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by Kimley- Horn. Kimley-Horn neither guarantees the performance of contracto rs, nor assumes responsibility for any contractor’s failure to perform its work in accordance with the contract documents. c. Kimley-Horn is not responsible for any duties assigned to it in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and its means and methods; that the contractor shall indemnify the Client and Kimley-Horn for all claims and liability arising out of job site accidents; and that the Client and Kimley-Horn shall be made additional insureds under the contractor’s general liability insurance policy.
17) No Third -Party Beneficiaries; Assignment and Subcontracting. This Agreement g ives no rights or benefits to anyone other than the Client and Kimley -Horn, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and Kimley -Horn. The Client shall not assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of services by Kimley -Horn, without the written consent of Kimley -Horn. Kimley-Horn reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If Kimley -Horn exercises this right, Kimley -Horn will maintain the agreed -upon billing rates for services identified in the contract, regardless of whether the services are provided by in -house employees, contract employees, or independent subconsultants.
18) Confidentiality. The Client consents to the use and dissemination by Kimley -Horn of photographs of the project and to the use by Kimley -Horn of facts, data and information obtained by Kimley -Horn in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, Kimley-Horn shall use reasonable care to maintain the confidentiality of that material.
19) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of California. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior City of Salinas, January 24, 2024
Williams Road Safe Street Corridor Project, Page 16
and contemporaneous negotiations, representations, agreements, or understandings, whether written or oral.
Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by both parties. Any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by Kimley-Horn. If Client requires Kimley-Horn to register with or use an online vendor portal for payment or any other purpose, any terms included in the registration or use of the online vendor portal that are inconsistent or in addition to these terms shall be void and shall have no effect on Kimley -Horn or this Agreement. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalida ting the remaining provisions. The non - enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement.
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-177, Version: 1
Salinas Fire Department City Hall Tenant Improvement, Project No. 9300 Approve a Resolution authorizing the Interim City Manager to execute Contract Change Order No. 13 to Premier Builders Inc. for the Salinas Fire Department City Hall Tenant Improvement, CIP 9300, in the amount of $129,116.00 and execute all necessary contract change orders for work required to complete the project with not to exceed construction contingences of $15,000.00 (1.5%).
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: APRIL 9, 2024
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, P.E., L.S., PUBLIC WORKS DIRECTOR
BY: JONATHAN ESTEBAN, ASSISTANT ENGINEER
TITLE: SALINAS FIRE DEPARTMENT CITY HALL TENANT
IMPROVEMENT, CIP NO. 9300
RECOMMENDED MOTION:
A motion to approve a Resolution to:
1) Authorize the Interim City Manager to execute Contract Change Order No. 13 to Premier Builders Inc. for the Salinas Fire Department City Hall Tenant Improvement, CIP 9300, in an amount not to exceed $129,116; and
2) Authorize the Interim City Manager to execute all necessary contract change orders for work required to complete the project with not to exceed construction contingences of $15,000.
EXECUTIVE SUMMARY:
On December 14, 2021, City Council approved Resolution 22266 awarding a construction contract to Premier Builders, Inc. for the Salinas Fire Department City Hall Tenant Improvement (TI), CIP 9300 in the amount of $685,924.
On April 4 , 2023, City Council approved Resolution 22627 awarding a construction contract to FC & Sons Roof for the City Hall Emergency Roof Repair and Abatement Project. The SFD City Hall Tenant Improvement Project construction work was postponed due to replacement of the deteriorated metal roof deck with the emergency roof repair and abatement project. During emergency roof repair, water damage occurred to the walls and flooring in the TI space.
Contract Change Order No. 13, in the amount of $129,116, includes repair of all carpet, tiles, wall base, and drywall including repainting and refinishing due to water damage. Funds for this change order will be from a previously identified City Hall Renovations account .
BACKGROUND:
The Salinas Fire Department City Hall Tenant Improvement (TI), CIP 9300, scope includes tenant improvements to the existing office spaces located in the City Hall West Wing that were previously demolished and temporarily encapsulated the asbestos-containing ceiling.
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The Salinas Fire Department City Hall TI commenced on September 13, 2022, with an anticipated completion date of Spring 2023 . On February 7, 2023, City Council approved Resolution 22585 authorizing the execution of contract change orders 1 – 6 and authorizing all necessary contract change orders (CCO) for an additional amount not to exceed $45,000. Following Resolution 22585, CCO 7 in the amount of $41,929 and CCO 8 for additional working days have been approved and completed. Per Resolution No. 22777, CCO 9 in the amount of $3,858 and $15,000 contingency for additional change orders was approved.
Table 1: Contract Change Order Log
CCO
No. Amount CCO Description
1 $21,879.00 Temporary encapsulation barrier repairs
2 $85,243.00 Design revisions, HVAC, soundproof, cardlock 3 $22,105.00 Material escalation costs due to design revisions 4 $5,839.00 Removal of asbestos from existing live conduit 5 $1,548.00 Additional ceiling framing material
6 $46,630.00 Emergency roof patch for leaks
7 $41,929.00 Revisions to security and electrical scope 8 $0.00 Additional working days
9 $3,858.00 Preparation at floor boxes
10 $2,716.00 Replacement of carpet in open office
11 $1,297.00 Installation of data outlet for printer
12 $6,000.00 Increase the ballistic window size
13 $129,116.00 Water damage repairs
Contract Change Order 13 has been requested to repair water damage that occurred during the rainy season while the emergency roof repair project was in progress. The repairs include installation of new carpet tile and base, grinding and removal of old glue, patching of drywall at damaged locations including tape and texture, installation of new paint at ceilings and walls, and removal and reinstalling of light fixtures necessary to make repairs to ceiling.
Pursuant to Policy 75-1, all change orders above $100,000 or above 10% of the contract amount shall be authorized by Council action. Given that the total cumulative cost for change order 13 will exceed $100,000, staff recommends Council approve a resolution authorizing the City Manager to execute Contract Change Order 13 in the amount of $129,116 and authorize the City Manager to execute all necessary contract change orders for construction contingencies not to exc eed $15,000.00.
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 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 Page | 3
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 project addresses the current City Council’s Goals of “ Infrastructure and Environmental Sustainability” and “Public Safety” by improvement City facilities and providing offices for Fire Administration staff.
DEPARTMENTAL COORDINATION:
Public Works staff, Fire Department staff, and Finance staff have collaborated efforts with the budget and execution of this project.
FISCAL AND SUSTAINABILITY IMPACT:
Funding is available and appropriated in account 3911.50.8170 (CIP 8170).
ATTACHMENTS:
Resolution
1 RESOLUTION NO. (N.C.S.)
A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE CONTRACT CHANGE ORDER NO. 13 AND TO EXECUTE ALL NECESSARY
CONTRACT CHANGE ORDERS FOR REMAINING WORK FOR THE SALINAS FIRE DEPARTMENT CITY HALL TENANT IMPROVEMENT PROJECT CIP 9300
WHEREAS, On December 14, 2021, City Council approved Resolution 22266 awarding a construction contract to Premier Builders, Inc. for the Salinas Fire Department City Hall Tenant Improvement, CIP 9300 in the amount of $685,924.00; and
WHEREAS, construction of the Fire Department Tenant Improvement Project commenced on September 13, 2022; and
WHEREAS, on February 7, 2023, City Council approved Resolution 22585 authorizing execution of all outstanding contract change orders (CCO 1 – 6) and authorized up to an additional amount not to exceed $45,000; and
WHEREAS, on April 4, 2023, City Council approved Resolution 22627 awarding a construction contract to FC & Sons Roofing for CIP 8170, City Hall Emergency Roof Repair and Abatement Project; and
WHEREAS, during the emergency roof repair replacement of the deteriorated metal deck, water damage occurred to the walls and flooring in the tenant improvement space.
NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the Interim City Manager to execute Contract Change Order No. 13 to Premier Builders Inc. for the Salinas Fire Department City Hall Tenant Improvement, CIP 9300, in an amount not to exceed $129,116; and
BE IT FURTHER RESOLVED that the City Council authorizes the Interim City Manager to execute all necessary contract change orders for work required to complete the project with construction contingencies not to exceed $15,000; and PASSED AND APPROVED this 9th day of April 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
2 APPROVED:
________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-187, Version: 1
Potential Extension of Measure G and Ballot Measure Feasibility Assessment Approve a Resolution approving the Phase One Feasibility Assessment and budget from TeamCivX regarding the potential extension of Measure G and authorizing the Interim City Manager to enter into an agreement with TeamCivX in an amount not to exceed $54,300.
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: APRIL 9, 2024
FROM: JIM PIA, INTERIM CITY MANAGER
BY: SELINA ANDREWS, ASSISTANT FINANCE DIRECTOR
TITLE: POTENTIAL MEASURE G EXTENSION AND BALLOT MEASURE
FEASIBILITY ASSESSMENT
RECOMMENDATION:
Staff recommends that the City Council approve the attached Resolution approving the Phase One Feasibility Assessment and budget from TeamCivX regarding the potential renewal of Measure G and authorizing the Interim City Manager to enter into an agreement with TeamCivX in an amount not to exceed $54,300. Staff also recommends that the City Council provide additional direction regarding the possibility of placing an extension of Measure G on the November 2024 ballot.
EXECUTIVE SUMMARY:
Following the City Council’s placement of this one cent transactions and use tax measure on the 2014 November ballot, Salinas residents approved the measure on November 4, 2014, establishing Measure G for a period of fifteen (15) years. Since its inception , Measure G has provided for ongoing staffing and capital project needs. In FY 2023-24, for example, nearly $24 million was appropriated to provide the operating budget expenditure for services , including 107 City staff positions, and projects which align with City Council’s goals and objectives. Additional Measure G funds are utilized for other important c osts including, debt service, internal service needs and Capital Improvement Projects (CIP’s). In the ninth year of Measure G, the City continues to allo cate its resources to Citywide operational needs while sustaining staffing levels and services.
City staff is recommending that the City Council review and provide feedback and authorize the initial step of this survey proposal. This phase examines ballo t measure feasibility, including a scientific survey of likely November 2024 voters. In an initial discussion with the City’s Finance Committee on February 6, staff discussed the possibility of placing an extension of Measure G on the ballot in November 2024, and the Committee recommended the item be brought to the full City Council for consideration. Since that time, staff received the attached survey proposal that will need Council approval. Once this first phase is completed by early June, staff will come back to the Council for a discussion on next steps. Although there is still the possibility for future election year ballot placement, staff strongly believes that 2024 provides an important general election year opportunity (Presidential election year) for the City to act in extending this measure.
BACKGROUND:
On December 2, 2014, City Council adopted a resolution declaring the results of the November 4, 2014, election, which included the election for Salinas Mayor and City Councilmembers for District 2, Page | 2
District 3, and District 5; and the adoption of the Ordina nce establishing Measure G. Following ordinance adoption, the tax collection began in the Spring of 2015, and is scheduled to sunset after a period of fifteen (15) years, unless extended by a majority of the voters of the City.
Over the years, the City has taken steps to reduce costs and protect vital services, including:
Adopting long-term pension reform;
Reducing the size of some government expenditures, consolidating some department efforts, and working through the Salinas Plan to identify cost savings as appropriate; Implementing employee contributions to the City’s health program; Leveraging existing public, private, and non-profit partnerships to supplement City services; and Leveraging grants to support public safety, economic development, and capital maintenance.
The City’s structural budget deficit as identified in the Salinas Plan, assumes the sunset of Measure G in the second half of FY 2029/2030. Based on the current budget and assumptions for future growth, the City should expec t positive net revenue through 2029. However, in FY 2030, there would be a significant drop in net revenue based on the current expiration schedule of Measure G. If Measure G is not extended, the City will have significant issues funding operations at current levels.
The chart below illustrates the approximate impacts of Measure G on the general government budget forecast. The chart includes a snapshot estimate of revenues and expenditures combined, with the noted budget problem shown, should Measure G sunset in FY30.
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
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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:
This memorandum aligns with City Council’s Strategic Goal of striving for Economic Development - Sustain, encourage, and develop a diverse and thriving economy that benefits all Salinas residents and businesses and that contributes to the community’s economic health and social well-being. Another aligning goal is the ongoing need for Effective and Culturally Responsive Government and helping to make services more accessible to all.
DEPARTMENTAL COORDINATION:
The Departments of Finance, Administration and the City Attorney’s office have coordinated on this item.
FISCAL AND SUSTAINABILITY IMPACT:
The approximate cost of Phase One is $54,300 and will be paid with funds available and appropriated in the current Fiscal Year budget.
ATTACHMENTS:
Resolution
Scope of Work, TeamCivX
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RESOLUTION ___________ (N.C.S.)
RESOLUTION APPROVING PHASE ONE OF THE TEAMCIVX PROPOSAL FOR THE
POTENTIAL RENEWAL OF MEASURE G
IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF SALINAS that the City Council hereby approves the Phase One Feasibility Assessment and budget received from TeamCivX, which includes fees and research costs for scientific survey of registered voters; and
BE IT FURTHER RESOLVED that the Interim City Manager is authorized to enter into an agreement with TeamCivX on behalf of the City in an amount not to exceed $54,300.
PASSED AND APPROVED this 9th day of April 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
_____________________________
Kimbley Craig, Mayor
ATTEST:
_____________________________
Patricia M. Barajas, City Clerk
TeamCivX.com
March 27, 2024 Jim Pia, City of Salinas Re: Qualifications and Scope of Services, Potential Measure G Renewal Dear Jim: Thanks for reaching out for help with the potential upcoming sales tax renewal. We understand how essential this funding is for the City, and we also appreciate how challenging the politics can be about competing spending priorities. As you know, we’ve helped the City pass all of its funding measures since Measure V saved the libraries in 2005. That includes Measures E, G & H and the utility tax modernization measure. We also helped pass the most recent Hartnell College bond measure in 2016, and, as you know, we continue to be engaged in work in your community and throughout Monterey County. Statewide, we’ve helped pass more than 100 funding measures for California cities – most of them medium-sized like Salinas. Our work statewide means that we’re up to speed on current political trends and other issues that can affect local ballot measures. Attached is our standard scope of services, fees and costs for exploring potential ballot measures, broken into two phases, as we’ve discussed: • Phase 1: ballot measure feasibility, including the scientific survey of likely Nov 24 voters, performed by a qualified subcontractor, FM3 Research • Phase 2: only IF the survey shows the measure is feasible, and IF the City directs us to begin Phase 2, which includes public outreach and engagement, as well as support in preparing the ballot measure itself and related documents. Thanks again for reaching out. Jared Jared Boigon Partner, TeamCivX TeamCivX.com
Phase 1 Scope of Services & Costs: 1) Feasibility Assessment. Consultant shall perform the following Services as needed and requested by Client to assess the electoral feasibility of a ballot measure for Client: a) Develop potential strategies to meet Client’s funding needs to be tested in polling; b) Collaborate with Client’s pollster to design, conduct and analyze an opinion survey of voters in the relevant district to assess feasibility of Client’s ballot measure; c) Conduct demographic analysis of voters in the relevant district and how they break into key sub-groups by age, ethnicity, political party, length of residency, parents and other key criteria; d) Analyze past election results in the relevant district and region to understand voter turnout trends and other relevant voting patterns; e) Research other local tax proposals that may be heading to an upcoming ballot that could compete with Client’s ballot measure; and f) Make specific recommendations regarding the optimal election date, tax rate, tax structure, and other important ballot measure features. Phase 1 Budget: • TeamCivX fees: $7,500/month (est 2 months) • FM3 Research costs for scientific survey of registered voters: o 400 sample, 15 min, English and Spanish on phone and online ($35,500) o 400 sample, 20 min, English and Spanish on phone and online ($39,300) Phase 2 Scope of Services & Costs, triggered ONLY by written direction from City: 2) Ballot Measure Development. Consultant shall perform the following Services as needed and requested by Client to assist Client in preparing Client’s measure for the ballot: a) Recommend a final tax rate, duration and tax structure; b) Recommend the final list of projects, programs and/or services to be funded by Client’s ballot measure; c) Work with legal counsel to develop the 75-word ballot question; d) Work with legal counsel to develop and refine the full text of Client’s ballot measure, and other materials that will appear in the ballot pamphlet mailed to all voters; e) Present recommendations, documents and resolutions to City Council for approval; and f) Make recommendations and provide strategic advice regarding timing and planning for any other potential ballot measures considered by Client.
TeamCivX.com
3) Public Information. Consultant shall perform the following Services as needed/ requested by Client to raise awareness of Client’s funding needs and potential ballot measure: a) Develop public informational messaging and fact sheets, subject to review and approval by City Attorney or other legal counsel as directed; b) Provide talking points, frequently asked questions and a message training for Client; c) Provide content related to Client’s funding needs and ballot measure to be added to Client’s website, used in social media, included in email updates and added to newsletters; d) Prepare PowerPoint presentation for public and community meetings; e) Write, design, and produce mailings and advertising to inform local residents (priced separately, not included in fees, see Exhibit B), also subject to review and approval by legal counsel; f) Develop strategies and plans to inform internal stakeholder groups, including the City Council, commissions, staff, employee groups and others; and g) Develop strategies and plans to inform external groups including elected leaders, business leaders, ethnic community leaders, faith community leaders, taxpayer groups and others. Phase 2 Budget: • TeamCivX fees: $7,500/month (from the beginning of Phase 2 through mid-August; approx. 3 months). Cost of any approved informational advertising, such as mailers or digital/social ads is not included in fees. • Mailers: we estimate an informational mailer to all registered voters would cost in the range of $26,000-$30,000, depending on exact specifications and quantity. (In the past, we’ve sent 1-2 city-funded informational mailers to Salinas voters before the eventual Council vote approving a measure and calling for an election.) • Any public outreach materials or informational advertising would be subject to City Attorney review and approval, as well as City approval.
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-206, Version: 1
a. Existing Litigation - California Government Code Section 54956.9, conference with legal counsel regarding Jordy Urrutia vs. City of Salinas, Workers’ Compensation Appeals Board Case Number(s):
ADJ16962174.
b. Existing Litigation - California Government Code Section 54956.9, conference with legal counsel regarding Florentino Isla vs. City of Salinas, Workers’ Compensation Appeals Board Case Number(s):
ADJ16413779.
c. Anticipated Litigation - California Government Code Section 54956.9(e)(1), conference with legal counsel regarding significant exposure to litigation (one case). d. Real Property Negotiations - California Government Code Section 54956.8, conference with real property negotiators Interim City Manager Jim Pia, City Attorney Christopher A. Callihan, and Community Development Director Lisa Brinton, to discuss the terms and purchase of property located at 220 Natividad Road, Salinas, Monterey County, California, 93906 (APN 153-091-020-000).
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