MNS AGREEMENT for Prof Services for CIP 9510 — Salinas City Council, May 7, 2024

Form: Professional Services Agreement v. November 2023 Page 1 of 15 MNS Engineers, Inc.

May 2024

AGREEMENT
FOR PROFESSIONAL SERVICES

BETWEEN
THE CITY OF SALINAS AND MNS
ENGINEERS, INC.

Form: Professional Services Agreement v. November 2023 Page 2 of 15 MNS Engineers, Inc.

May 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. ................................................................................................. 6

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

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

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

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

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

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

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

22. Severability .......................................................................................................................... 8

23. Notices. ................................................................................................................................ 8

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

25. Conflict of Interest. .............................................................................................................. 9

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

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

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

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

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

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

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

33. Joint Representation. .......................................................................................................... 10

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

35. No Waiver of Rights. ......................................................................................................... 11 Exhibit A- Insurance Requirements .............................................................................................. 12 Exhibit B- Scope of Service .......................................................................................................... 15

Form: Professional Services Agreement v. November 2023 Page 4 of 15 MNS Engineers, Inc.

May 2024

AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND MNS ENGINEERS, INC.

This Agreement for Professional Services (the “Agreement” and/ or “Contract”) is made and entered into this 7th day of May, 2024, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and MNS ENGINEERS, INC., a California corporation (hereinafter “Consultant”).

RECITALS

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

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

NOW, THEREFORE, City and Consultant agree as follows:

TERMS

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

2. Term; Completion Schedule. This Agreement shall commence on May 7, 2024, and shall terminate on May 7, 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.

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 $1,829,248.

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

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

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

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

City shall make payment on eac h 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 accordance with the Standard of Care defined below. 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. (the Standard of Care).

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

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

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

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

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

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

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

10. Indemnification and Hold Harmless.

Consultant shall hold harmless, defend, and indemnify City and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Consultant, 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 active negligence, sole negligence, or willful misconduct of the City.

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

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

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

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

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.

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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 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 reasonably 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.

(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

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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.

(F) City may elect to provide a cure period to avoid termination in any of the above cases.

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

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

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

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

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

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

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.

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( 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:

Greg Chelini, PE, Vice President
MNS Engineers, Inc.
201 N. Calle Cesar Chavez, Suite 300
Santa Barbara, CA 93103
[email protected]
805.896.9474

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

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

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

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of this Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Consultant as the result of Consultant’s performance of the work or services pursuant to the terms of this Agreement.

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

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

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

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

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

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

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

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.

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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

_____________________________________
By: Greg Chelini, PE
Its: Vice President

Form: Professional Services Agreement v. November 2023 Page 12 of 15 MNS Engineers, Inc.

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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-owne d, 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 Statuto ry Limits, and Employer’s Liability Insurance with a limit of no l ess 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 p e r o c c u r r e n c e o r c l a i m , $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 subro gation 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 necessa ry to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

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

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

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

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

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

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

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

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

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

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

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

Scope of Service

The following Attachments are considered as part this Agreement:

1. Attachment A – Request For Qualifications for Construction Management Services for the Boronda Road Congestion Relief Project – Phase 1 dated 3/11/2024.

2. Attachment B – MNS Statement of Qualifications for Construction Management Services for the Boronda Road Congestion Relief Project – Phase 1 dated March 28, 2024.

3. Attachment C – MNS Project Schedule with cost Proposal and hourly rates.

J:\p\9510 - East Boronda Road Improvements\Construction Management\CM RFQ Final Doc.docx 1 | Page

REQUEST FOR QUALIFICATIONS

FOR CITY OF SALINAS

CONSTRUCTION MANAGEMENT SERVICES FOR THE BORONDA ROAD
CONGESTION RELIEF PROJECT – PHASE 1 (CIP 9510)

You are invited to submit a Statement of Qualifications (SOQ) to provide Construction Management Services for the Boronda Road Congestion Relief Project – Phase 1 (CIP 9510).

SOQs shall be submitted electronically via the PlanetBids website until:

The full content of the RF Q is available through the City’s w ebsite at https://www.cityofsalinas.org/Your-Government/Find-a-Department/Public- Works/Engineering/Bidding-Information, then by clicking on the PlanetBids.com link. Prospective proposers must register on the PlanetBids website to view and print request for qualifications package. Registration is free through the link provided. Only registered Consultants will rec eive updates and addenda. Requests for clarification regarding this RFQ must be submitted through PlanetBids’ Q/A tab and received no later than 4 pm on March 19, 2024.

The City of Salinas is an Equal Opportunity Employer.

The City of Salinas does not discriminate on the basis of race, color, national origin, ancestry, sex, religion, sexual orientation, age, disability, marital status, political affiliation, or any other non - merit factor. The City of Salinas makes reasonable accommodation for individuals with a disability. Individuals requiring any accommodation in order to participate in this process must inform the Pu blic Works Department at [email protected] or 831-758-7241 no later than 4 pm of the last day prior to the submittal date. Hearing impaired or TTY/TDD Text Telephone users may contact the City by dialing 711 for the California Relay Services (CRS) or by telephoning any other service providers’ CRS telephone number.

CONSTRUCTION MANAGEMENT SERVICES FOR THE
BORONDA ROAD CONGESTION RELIEF PROJECT – PHASE 1 03/11/2024

RFQ – March 11, 2024 2 | Page

SUMMARY
Proposal Due Date: 12 noon (PDT) on March 28, 2024

Submittals: Proposals shall be submitted electronically via the PlanetBids website.

Project Manager: Josie Lantaca, Assistant Engineer
City of Salinas
Public Works Department
200 Lincoln Ave.

Salinas, CA 93901

Notification List: The full content of the RFQ is available through the City’s website at
https://www.cityofsalinas.org/Your-Government/Find-a-
Department/Public-Works/Engineering/Bidding-Information, then by clicking on the PlanetBids.com link. Prospective proposers must register on the PlanetBids website to view and print RFQ package. Registration is free through the link provided.

Only registered Consultants will receive updates and addenda.

Pre-Proposal Meeting: None scheduled.

Construction Documents: The construction documents are included for review on PlanetBids.

Inquiries: Requests for clarification regardin g this RFQ must be submitted through PlanetBids’ Q/A tab and received no later than 4 pm on March 19 , 20 24. Written responses to timely inquiries will be posted on or about March 22, 2024.

Funding: Funding for the project includes local funds.

DIR Registration: All Consultants (prime and subs) must possess and maintain 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

CONSTRUCTION MANAGEMENT SERVICES FOR THE
BORONDA ROAD CONGESTION RELIEF PROJECT – PHASE 1 03/11/2024

RFQ – March 11, 2024 3 | Page

DIR’s Contractor Regis tration: https://www.dir.ca.gov/Public- Works/Contractor-Registration.html.

This work is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Additionally, all prime and sub Consultants must furnish certified payroll records to the City and directly to the Labor Commissioner (aka Division of Labor Standards Enforcement) on a weekly basis and in the format prescribed by the City and DIR, which may include electronic submission.

Anticipated Schedule:

Proposal Review and Evaluation: week of April 1, 2024
Notify Selection of Consultants: week of April 1, 2024 Oral Interviews (if Necessary): week of April 8, 2024
Selection/Negotiation: week of April 8, 2024
Contract Award: April 23, 2024

Local Purchasing Preference Ordinance:

The City of Salinas Local Purchasing Preference Ordinance encourages participation of local business through the implementation of the city’s local purchasing regulations. In determining the best -qualified and responsible, responsive firm, those who qualify as a local business enterprise shall receive a credit of 10% of its total points.

Professional service providers must submit a Declaration of Local Business Form to the City’s Finance Department. Refer to Section 12, Article III-A of the Salinas Municipal Code:
https://library.municode.com/ca/salinas/codes/code_of_ordinances?nodeId=PTIITHCO_CH12FI _ARTIII-ALOPUPR

DESCRIPTION
The City of Salinas’ Public Works Department is seeking to retain a Construction Management firm to oversee the Boronda Road Congestion Relief Phase 1 Project. The Project includes widening and intersection improvements of approximately 0.7 miles of East Boronda Road between Dartmouth Way and 1,700 feet east of McKinnon Street intersection, including a new multi-lane roundabout at the McKinnon Street and Boronda Road intersection. Work also includes but is not limited to: construction of storm water treatment facilities and bioretention facilities in the roadway medians, islands, and adjacent to sidewalks, construction of shared-use

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paths, construction of bike lanes, bus pullouts, street lighting, sidewalks, ADA pedestrian access ramps, installation of storm drain lines, sanitary sewer mainline extension, pavement delineation, roadway signs, landscaping, and all other related improvements and requirements.

The construction management services will include project and construction management, environmental/biological monitoring services, labor compliance services, inspection services, materials and field-testing services, and public outreach.

This Request for Qualifications describes the Scope of Work , the necessary components of the Proposal, the Consultant selection process, and a sample copy of the Standard Professional Services Agreement.

SCOPE OF SERVICES

TASK 1 - CONSTRUCTION MANAGEMENT SERVICES
The Construction period begins with issuance of Notice to Proceed (NTP) to the Contractor and ends with Final Payment to the Contractor, which occurs approximately thirty-five (35) days after final written acceptance of the Project by the Salinas City Council. Total Construction period is estimated to be at 26 months (June 1, 2024, to August 31, 2026) Construction Management services shall be provided on a time and materials basis based on a not to exceed agreed upon price for the duration described above. Construction Management Services will consist of following tasks:

Subtask 1.1: Construction Management (CM)
Consultant shall provide a full-time Construction Manager (CM), inspectors as required, and field assistant on job site for the full duration of the construction phase. The Contractor for the project will provide a field office for CM in accordance with the requirements stipulated in Project Documents. CM shall manage and direct the activities of the testing firms; manage and direct activities of technical inspectors; and technical observation of construction work for compliance with the construction Contract Documents.

CM shall prepare Construction Management Plan which will establish the procedures that will be followed by Consultant in executing the technical and administrative functions of the project construction process.

Subtask 1.2: File Maintenance

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CM shall track project documents through PROCORE or similar online software including, but not limited to the following subtasks. Ensure all documentation complies with the Local Assistance Procedures Manual (LAPM).

1.2.1: Correspondence; reports of job conferences; shop drawings and sample submittals; reproductions of original Contract Documents including all Addenda, Change Orders, field orders, and additional drawings issued subsequent to the execution of Contract; clarifications and interpretations of the Contract Documents; Progress Reports; and other project-related documents.

1.2.2: Diaries or logbooks recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of principal visitors, activities, decisions, observations in general, and specific observations in more detail (as in the case of observing test procedures), including photos of activities in the daily logs.

1.2.3: Names, addresses, and telephone numbers of all Contractors, subcontractors, and major suppliers of equipment and materials.

Subtask 1.3: Visitors
Accompany City of Salinas visiting inspectors or other agencies having jurisdiction over the Project and record the outcome of these inspections.

Subtask 1.4: Meetings

1.4.1: Pre-Construction Conference. Conduct a Pre-Construction Conference for the purpose of acquainting the Contractor with the City of Salinas, design engineer, project site, and the procedures required.

1.4.2: Weekly Construction and Job Progress Meetings. Arrange and conduct Weekly Job Progress Meeting with Contractor on-site personnel to discuss the Project with particular emphasis on schedule, quality of work, and contract issues. Prepare agenda and minutes of all meetings and circulate minutes for participants' review within three (3) calendar days after the meeting. Provide copies to attendees and the City of Salinas.

1.4.3: Other Construction Meetings. Arrange and conduct other construction- related meetings deemed appropriate such as presentations to the City’s Council or Committees, on an as-needed basis.

Subtask 1.5: Technical Inspections

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Provide qualified technical inspectors, as required in addition to the work performed by CM, to observe all construction work for compliance with the construction Contract Documents. Adequate observation will be provided to ascertain that construction is in conformance with the Contract Documents. Consultant will guard the City of Salinas against defects and deficiencies in the work of the construction Contractor.

Inspector shall verify and confirm construction staking is consistent with Construction Documents.

Serve as the field inspector of record for all testing and inspection work as required per the City’s Quality Assurance Program (QAP) and compliance with the LAPM.

Subtask 1.6: Project Coordination
Serve as the City of Salinas's liaison with the Contractors and assist Contractors' superintendents in understanding the intent of the Contract Documents. Consult with City of Salinas in advance of scheduling major tests, inspections, or start of important phases of the work.

Coordinate and track all submittals, requests for information (RFIs), Potential Change Orders (PCOs), and construction change orders (CCOs) in a timely manner to prevent any project delays.

Review and identify any design conflicts. Coordinate RFIs with City and design team.

Subtask 1.7: Change Orders
Upon determination by Consultant, Design Engineer and the City of Salinas that a Change Order is required, and at the direction of the City of Salinas, negotiate with the Contractors the cost and time of Change Orders designed by the design team, and prepare change orders and calculations per the project specifications and the state standard specifications.

Subtask 1.8: Reports
Provide electronic copies of all reports described in the following subtasks to the City of Salinas.

1.8.1: Daily Reports. Prepare a written daily construction inspection report, which shall include work activities, testing, acceptance and rejection of work, and general qualitative matters.

1.8.2: Weekly Reports. Provide a weekly summary of major items of activity (and inactivity) and problems during the week.

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1.8.3: Monthly Reports. Provide a monthly report focusing on the status of the Project and covering at a minimum the following areas:
• Work completed during the period.
• Schedule and schedule impacts.
• Quality control.
• RFI/DCR Logs
• Change Order logs, status and impacts.
• Potential Claims and decision strategy.
• Contractors' Progress Payment.
• Construction Photographs
Subtask 1.9: Progress Payments
Review Contractor's monthly request on Progress Payment. Consultant shall use reasonable care in its examination of requests for payments of Contractor under its Contract with the City of Salinas, in accordance with the City of Salinas's requirements, to ascertain whether work has been done in the manner required and whether payments are due under the construction contract. Review/verify quantities with the contractor and inspector prior to submittal of contractor’s pay application. The CM shall prepare, approve, and sign off quantity calculation sheets for each item of work per pay application or payment request. Verify that each progress payment request is in order and acceptable for processing, provide written recommendation for approval or disapproval, and forward same to City of Salinas.

Subtask 1.10: Schedule
Review Contractor's Baseline Construction Schedule, schedule of shop drawing submittals, and other schedules prepared by Contractor for general adequacy relating to number of task breakdowns, correlation with items from schedule of values for progress payments, task durations and sequences, float time, critical path location, and the like.

Monitor construction progress and review monthly updated schedules submitted by each Contractor. Note deviations from actual progress versus the "As-Planned" Schedule and advise City of Salinas immediately of the impact of each deviation, any remedial action taken by the Contractor, and Consultant’s recommendations regarding remedial action.

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Respond to all time extension requests, review and approve time impact analysis (TIAs) and provide approval justifications of any time extensions per the Project Specifications and the State Standard Specifications.

Subtask 1.11: Progress Photos
Document Contractor’s work on weekly basis with digital photographs and digital video construction. Maintain these photographs and digital video, together with the photographs provided by each Contractor, in a chronological electronic photograph album. Provide written captions for each photograph, including location and date taken. Prior to start of construction, videotape the sites of the work to document existing conditions. Photograph all work completed in the various phases of construction.

Subtask 1.12: Defective Work
Notify Contractors and City of Salinas whenever any work is judged to be unsatisfactory, faulty, or defective; does not conform to the Contract Documents, has been damaged; or does not meet the requirements of inspections, tests, or approvals required to be made. Advise Contractor when work should be corrected, rejected, uncovered for observation, or requires special testing or inspection.

Subtask 1.13: Claims and Protests
Provide research on and recommendations and negotiation assistance involving construction claims and protests until the City of Salinas renders a decision on any such claim or protest. Advise City of Salinas in a timely manner of potential contract claim and/or protest situations and maintain records and documents pertinent to each potential claim and/or protest in separate files. Assistance with claims and protests that are not the responsibility of Consultant, and which extend beyond the construction contract time limitations stipulated herein will be provided as a Supplemental Service on a time and expense basis.

Subtask 1.14: Project Close Out
Advise design team members of the schedule for equipment and system operational tests to be witnessed by them. Advise City of Salinas maintenance staff of the same.

Before recommending the issuance of a Certification of Substantial Completion, submit to the Contractor a list of observed Contract deficiency items requiring correction.

Conduct a Final Inspection in the company of appropriate design team members, City of Salinas, and Contractor, and prepare a Final Punch List. Verify that all items on the Final Punch List have been corrected and make recommendations concerning acceptance.

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Assemble signed copies of all project-related warranties and guarantees and provide City of Salinas with four (4) copies of the same. Deliver electronic and four (4) paper copies of all manufacturers’ approved O&M Manuals to City of Salinas.

Review record drawings provided by the contractor. Verify for accuracy. Stamp and initial record drawing after verifications.

TASK 2 – LABOR COMPLIANCE
Subtask 2.1: Advise Contractors of all Labor Compliance Requirements Inform the contractor(s), via pre-construction meeting of state and federal prevailing wage requirements and local labor compliance requirements.

Provide a checklist to the Prime contractor and each subcontractor of laws and regulations which need to be followed to comply with state and federal prevailing wage requirements and forms required per the City of Salinas Labor Compliance Program.

Subtask 2.2: Compliance Monitoring
Assist the City with the completion and filing of PWC-100 form. The PWC-100 is to be filed within 30 days of contract award, but no later than the first day of work begins on the project.

Verification of valid DIR Registrations, California Contractor’s State License Board and City of Salinas business licenses for all Contractors prior to commencement of work through project completion.

Review and comparison of work classification with DIR prevailing wage classifications to ensure the contractor is paying the correct prevailing wage.

Receive, securely store, review and audit weekly Certified Payroll Records (CPRs), including but not limited to: correct classification of workers, proper wages being paid, proper calculation and payment of fringe benefits and training contributions, review overtime, shift pay, weekend and holiday work/pay, only permissible deductions will be allowed, cross reference of onsite interviews with certified payroll records to verify all workers are listed and review the “Statement of Compliance” is complete and properly signed.

Respond to any inconsistencies or deliberate deceptions on the part of contractors through additional detailed audit of contractors through the review of cancelled checks, timecards, and related records (as needed) and seek appropriate resolution consistent to State and Federal regulations.

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Jobsite audits and random interviews of workers (to determine veracity of certified payroll records, compliance with anti-kickback statue, equal employment opportunity requirements, jobsite posting requirements, etc.). Confirmation that required State and Federal workplace posters and wage rates are posted on the project.

Subtask 2.3: Compliance Enforcement
Work with all contractors and subcontractors on resolving issues related to violations, penalties and compliance. All meetings and calls with contractors shall be documented.

Provide prompt communication of potential contractor violations, wage underpayment amounts to the City with the recommended action(s).

Notification of wages and penalties due through the use of a Prevailing Wage Audit Worksheet.

Provide other assistance relating to labor compliance enforcement as requested by the City.

Subtask 2.4: Required Reports
A Monthly Activity Report that includes the following:
 Executive Summary of Labor Compliance activities during the reporting period.
 Identification of labor compliance enforcement activities taken and the results.
 Restitution wages, penalties and liquidated damages assessed and collected.
 A matrix identifying current issues and their status.  Recommended actions for unresolved issues.

Project Closeout Report
Once the project is complete, send a final letter to the Contractor and any subcontractor who might still have outstanding items. Provide a 10-day window of time during which the Contractor/subcontractor can submit additional documentation or make corrections. Once that time expires, provide a Final Wage and Labor Compliance Report to the City.

Provide all CPRs and labor compliance related documentation to the City.

TASK 3 – ENVIRONMENTAL/BIOLOGICAL MONITORING SERVICES
Subtask 3.1: Provide environmental/biological monitoring services through a subcontract to ensure compliance with biological monitoring, and environmental

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requirements, and CEQA documents. The CM will manage environmental/biological monitoring services, as outlined in the project’s environmental mitigation measures, and environmental documents.

Subtask 3.2: Permit Compliance Assistance
Assist City in identifying appropriate times during the construction process for inspection of items required by regulatory permits, coordinate such site visits and inspection with all parties and assist City of Salinas in documenting such site visits and inspections with all parties. Monitor contractor compliance with permit requirements, and environmental commitments, and advise City of Salinas as to Contractor’s compliance and any corrective measures required.

TASK 4 – MATERIALS AND FIELD-TESTING SERVICES
Provide materials and field-testing services through a subcontract. The CM will manage materials and field-testing services.

TASK 5 – PUBLIC OUTREACH
Provide direct communication with the Santa Rita School District, Salinas Union High School District, and residents within the 1-mile radius from McKinnon/Boronda intersection through monthly update in the form of newsletters outlining progress and schedule.

PROPOSAL FORMAT AND CONTENT REQUIREMENTS
Please follow our standard guidelines for the proposal.

GENERAL GUIDELINES
Include a table of contents and a page number on all sheets. The maximum number of pages is

35. The cover (front and back), cover/transmittal letter, table of contents, tabs or section dividers are excluded from the page limit count . The minimum font size for the body text shall be 11 points. The use of 11”x 17” size of paper is acceptable but leave to a minimum. Divider tabs are encouraged for each section listed below.

TRANSMITTAL LETTER
The transmittal letter should be on the Consultant’s letterhead and addressed to City of Salinas project manager, as indicated on the summary page of this RFQ. The letter should indicate the Consultant’s understanding of the City’s needs and work required. If an addendum has been issued, please acknowledge receipt of the addendum in the letter. The letter shall be signed by an official or representative authorized to negotiate and contractually bind the firm. Please

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include return address and email address of the person that should be notif ied during the interview and negotiation process. The Consultant shall indicate their acceptability of the terms and conditions of the sample professional service agreement included as Attachment 1. Any requested deviations from the standard agreement should be noted with blue, underlined text for additions and red, strike-out text for deletions.

FORMAT
The following information must be included in the RFQ submittal in the order listed:

SECTION 1: FIRM PROFILE - A one to two page summary that identifies the likely project manager and a brief description of the Consultant’s firm, firm specialties including the year the firm was established, type of organization (partnership, corporation, etc.) and a statement of the firm’s qualifications for performing the subject consulting services.

SECTION 2: PROJECT TEAM - A one page organizational chart (up to 11x17 size) depicting the staffing proposed by the firm, and a one to three -page table summarizing the roles and responsibilities of the key team members who will be assigned to the project. Also, include a separate one-page chart of a standard sub -Consultant list to be used, if any, and their relevant expertise (one page resumes may be included in the Appendix).

SECTION 3: RELEVANT PROJECT EXPERIENCE - Provide no mo re than eight pages of brief summaries of relevant project experience with project management and construction support and management.

SECTION 4: LOCAL PROJECT EXPERIENCE - A one page list of local project delivery experience showing familiarity with the agencies located within Monterey County and the Central Coast.

Indicate the location of the firm’s nearest office and its ability to facilitate face to face meetings with jurisdictional representatives.

SECTION 5: SPECIFIC MANAGEMENT APPROACH - Provide up to five pages describing the firm’s approach to the public project delivery process and its ability to achieve budget and project delivery goals for projects of a similar complexity and nature as described in the scope of work.

Indicate how firm will apply its management techniques and resources towards these goals.

SECTION 6: REFERENCES - A one -page list of at least five recent references for projects with municipal government or similar types. Include bid price and final construction cost (if available), contact person, email address and phone number.

SECTION 7: APPENDIX - A brief appendix may be included (up to ten pages maximum) to provide other information that will assist the City of Salinas in selecting the most qualified Consultants, including one-page resumes for the project manager and key staff, and brief summaries for sub- Consultants that are used and comments on the Sample Agreement.

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SECTION 8: COST PROPOSAL AND FEE SCHEDULE - A one-page fixed fee schedule for a two-year period that includes the actual hourly rate for each classification of employees who will be assigned to the project and the fees for related support costs (mileage, prints, reproductions, etc.). Hourly rates will not change for 1 year of agreement and are allowed an annual adjustment of 3% maximum increase after the first year.

The cost proposal and fee schedule does not count as part of the page limit, and will not be used as part of the evaluation criteria. The cost proposal and fee schedule shall be submitted in a separate sealed envelope with the consultant’s name and address clearly stated on the sender’s info with the words “Cost Proposal and Fee Schedule – to be opened only after the selection process” written on the envelope. The sealed envelope shall be place d inside another envelope and mailed to: City of Salinas, Public Works Department, Attention: Josie Lantaca, 200 Lincoln Ave., Salinas, CA 93901.

EVALUATION
An evaluation committee consisting of City Staff and /or other qualified indiv iduals will review each SOQ for completeness and content. Each SO Q will be evaluated based upon the relevant experience of the Consultant with local work. The evaluation committee will review and rank the SOQ and may conduct interviews, if necessary. The rankings will be based upon the following criteria:

1. Firm Profile ( 10 points max): Does the firm offer the breadth and quality of services required for the project listed in the Scope of Work?

2. Project Team (15 points max): Do the qualifications of key personnel to be assigned to the project coincide with tasks listed in the Scope of W ork? Do assigned personnel and sub Consultants have requisite education, experience, and professional qualifications? Does the firm’s organizational structure show sufficient depth for its present workload?

3. Relevant Project Experience ( 20 points max): Has the firm demonstrated the ability to successfully provide service for projects of a similar complexity and nature as described herein?

4. Local Project Experience (10 points max): Is the firm familiar with Monterey County and City of Salinas? Does the firm understand the unique nature of the city? To what degree will the firm be able to facilitate face-to-face meetings with jurisdictional representatives?

5. Specific Management Approach ( 20 points max): Has the firm described its ability to achieve budget and project delivery goals for projects of a similar complexity and nature? How will the firm apply its management techniques and resources?

6. References (10 points max): Are the firm’s references from past clients and associates favorable? Is the firm financially stable?

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7. Public Outreach/Information Experience (15 points max): Does the firm have experience with public presentations for projects, and reaching out to the public on politically challenging projects?

8. Local Purchasing Preference Ordinance ( +10% of the total points obtained by Consultant): Is the Consultant recognized as a “Local Business” per Ordinance? Total possible points: 100 + (10% for Local Preference) An evaluation committee will review the SOQ’s and forward its recommendation to City Engineer.

The City Engineer will finalize the ranking, conduct Consultant interviews (if necessary ), and recommend a Consultant to the City Council for final approval.

Aside from the selection process described herein, Consultants or their representatives are prohibited from attempting to influence this selection process by contacting Selection committee members, elected officials, City s taff or other individuals or entities involved in selecting the Consultant or awarding the Consultant agreement. Any such attempt to influence selection outside of the prescribed process will be grounds for disqualification.

SELECTION PROCEDURE
The City of Salinas will select a Consultant for Construction Management services for the Boronda Road Congestion Relief Project – Phase 1, CIP 9510 based on the following procedure:

1. After the period has closed for receipt of SOQs, each SOQ will be examined to determine compliance with the format requirements specified in the RFQ. Any SOQ that does not meet the format requirements may be rejected. The City may reject any SOQ if it is conditional or incomplete.

2. Evaluate the SOQs . Evaluations will be based on qualifications and the quality of the qualifications (see Section “Evaluation” above).

3. Develop a ranking of Consultants and determine if interviews are necessary.

4. Conduct oral interviews and evaluate oral interviews, if necessary.

5. Notify Consultants of the results.

6. Open the cost proposal and fee schedule from the top ranked Consultants and negotiate, as needed.

7. If a consensus cannot be reached on the terms of the Agreement and/or cost proposal, the next-highest ranked Consultant cost proposal and fee schedule will be opened.

8. The process is repeated until a contract is successfully negotiated.

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AWARD
Award of the selected Consultant’s contract will be subject to the City Council’s approval. Aside from announcing the top ranked proposal, the scored evaluations will be kept confidential unless production is otherwise required under State law.

GENERAL CONDITIONS

RECORDS AND FINANCIAL DATA
All correspondence with the City, including responses to this R FQ, will become the exclusive property of the City and will become public records under the California Public Records Act. All documents submitted in response to this Request for Qualifications will be subject to disclosure if requested by a member of the publi c. There are a very limited number of narrow exceptions to this disclosure requirement. During the selection process, until a firm is selected the City will not disclose proposals, except as otherwise required under applicable law. This means that, depending on the nature of timing of the request, or future court decisions, that information may not remain private and may be publicly disclosed. Rates for services are not considered confidential or proprietary and are subject to disclosure.

The following will be general information for the proposers:
a. A prospective firm may withdraw their responses at any time prior to the date and the time which is set forth herein as the deadline for submittal of SOQ . b. Each prospective firm submitting a SOQ in response to this RFQ agrees that the preparation of all materials and presentations are at the prospective firms’ sole cost and expense, and the City will not, under any circumstances, be responsible for any costs or expenses incurred by a prospective firm. In addition, each prospective firm understands and agrees that all documentation and materials submitted with a SOQ will remain the property of the City and will become a public document. c. The City reserves the right to request additional information from any and all prospective firms as deemed necessary by the City in order to evaluate the SOQ’s . This process may not be used, however, as an opportunity to submit missing documentation or to make substantive revisions to the original SOQ.
d. All terms will remain in effect and legally binding for at least one hundred twenty (120) days from the date of submission.
e. This RFQ shall be governed in accordance with the laws of the State of California and the jurisdiction of any disputes hereunder shall be had in Monterey County.

The City of Salinas reserves the right to (1) reject any or all responses, (2) postpone award of the contract for a period not to exceed ninety (90) calendar days from the date replies are due,

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(3) waive informalities in the responses, and (4) take whatever action or make whatever decision it determines to be in the best interest of the City. The City of Salinas assumes no obligation in this general solicitation of Qualifications and all costs and expenses of responding to this RFQ shall be borne by the individual parties preparing and/or submitting a proposal.

Business License Requirements
If selected, the Consultant shall obtain a City of Salinas Business License. Refer to link for information:
https://www.cityofsalinas.org/Your-Government/Find-a-Department/Finance

INQUIRIES
Requests for clarification regarding this RFQ must be submitted through PlanetBids’ Q/A tab and received no la ter than 4 pm on March 19, 2024. Written responses to timely inquiries will be posted on or about March 22, 2024.

ATTACHMENTS:

Sample Agreement for Professional Services; Plans; Specifications; CEQA Documents; City of Salinas Quality Assurance Program (QAP); Salinas Labor Compliance Program

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SAMPLE AGREEMENT

ATTACHMENT A

Form: Professional Services Agreement v. November 2023 Page 1 of 16 [Consultant Name]
[Agreement Month and Year]

AGREEMENT

FOR PROFESSIONAL SERVICES

BETWEEN

THE CITY OF SALINAS AND
[CONSULTANT’S LEGAL NAME]

Form: Professional Services Agreement v. November 2023 Page 2 of 16 [Consultant Name]
[Agreement Month and Year]