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RESOLUTION NO. 22637 (N.C.S.)
A RESOLUTION APPROVING MASTER SERVICE AGREEMENTS BETWEEN THE CITY OF SALINAS AND MOORE TWINING ASSOCIATES, INC; EARTH SYSTEMS PACIFIC; AND TWINING, INC. FOR ON-CALL MATERIAL TESTING SERVICES
WHEREAS, on April 14, 2021 the Salinas City Council approved a resolution for the Quality Assurance Program; and
WHEREAS, the Quality Assurance Program requires testing of materials to ensure construction materials conform to the project specifications; and
WHEREAS, the Public Works Department has identified the need to utilize on-call consultants to provide construction material testing services to assure that the materials incorporated into the construction projects meet the contract specification requirements; and
WHEREAS, in February 2023, the City of Salinas engaged in a Request for Qualifications process to identify firms with the requisite qualifications to provide material testing services; and
WHEREAS, on March 3 , 202 3, Public Works staff received five (5) statements of qualifications (SOQ) from consultants; and
WHEREAS, an evaluation committee consisting of Public Works staff reviewed each SOQ and selected the top three (3) firms based on the criteria set forth in the Request for Qualifications; and
WHEREAS, the award of projects to the selected material testing firms will be based on an additional qualifications-based selection process; 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 the Maste r Service Agreements between the City of Salinas and Moore Twining Associates, Inc., Earth Systems Pacific, and Twining, Inc. to provide material testing services for various City of Salinas Public Works projects; and
BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and directed, for and on behalf of the City of Salinas, and as its act and deed, to execute the attached Master Service Agreements; and
BE IT FURTHER RESOLVED , that the City Manager is authorized to execute extensions and/or modifications to the Agreements and to take whatever additional action may be necessary to effectuate the intent of this resolution; and
DocuSign Envelope ID: 7AC1BE85-3DD7-4074-828F-DE71D2445EEE Page | 2
BE IT FURTHER RESOLVED, that the City Engineer is hereby authorized to approve the Consultant's on-going performance of services without the need for subsequent Professional Service Agreements provided the Consultant is, at all times throughout the term thereof, in compliance with the terms and conditions of the Master Service Agreement approved through this Resolution.
PASSED AND APPROVED this 18th day of April 2023, by the following vote:
AYES: Councilmembers Barrera, Gonzalez, Osornio, Rocha, Sandoval and Mayor Craig
NOES: None
ABSENT: Councilmember McShane
ABSTAIN: None
APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
DocuSign Envelope ID: 7AC1BE85-3DD7-4074-828F-DE71D2445EEE
Version: November 2023
AGREEMENT —AMENDMENT NO. 1 TO
MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
EARTH SYSTEMS PACIFIC AND CITY OF SALINAS
This Amendment No. 1 to the Master Service Agreement for Professional Services (the “Amendment”) is entered into this 21st day of March 2024, by and between the City of Salinas (the “City”) and Earth Systems Pacific, (the “Consultant.”) City and Consultant may be individually referred to herein as a “Party” and collectively the City and Consultant may be referred to as the “Parties.”
RECITALS
WHEREAS, the City and Consultant first entered into a Master Service Agreement for Professional Services effective April 4th, 2023, pursuant to which Consultant agreed to act as and provide certain services to the City for compensation (the “Agreement”); and
WHEREAS, the City and Consultant desire to amend the Agreement to reflect the revised term in the compensation to be paid to the consultant.
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:
TERMS
1. Amendment to Term Number 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 shown on Exhibit B, on a project-by-project basis. For a total cumulative amount not exceed three million dollars ($3,000,000).
2. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.
IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Consultant have entered into this Agreement as of the date first written above.
CITY OF SALINAS
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Jim Pia, Interim City Manager
APPROVED AS TO FORM:
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□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney
EARTH SYSTEMS PACIFIC
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Printed name: ________________________
Title: ________________________________
DocuSign Envelope ID: 9582B4CD-15AE-43FA-8477-75D78B762C9B Nathan Stoopes
Senior VP, Managing PRincipal