Agenda Packet — Salinas City Council, August 20, 2024 (part 2 of 5)

Version: November 2023
AMENDMENT NO. 2 TO AMEND AND RESTATE AN

AGREEMENT FOR PROFESSIONAL SERVICES FOR ENVIRONMENTAL CONSULTANTS/CONTRACTORS

BETWEEN

HARRIS AND ASSOCIATES AND CITY OF SALINAS
This Amendment No. 2 to the Agreement for Professional Services for Environmental Consultants/ Contractors (the “Amendment”) is entered into this 20th day of August 2024, by and between the City of Salinas (the “City”) and Harris and Associates, (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 an Agreement for Professional Services for the Industrial Wastewater Pump Station Improvements Project effective January 18th, 2022, pursuant to which Consultant agreed to act as and provide certain services to the City for compensation (the “Agreement”); and WHEREAS, On August 8, 2023, through Resolution No. 22290 the City and Consultant entered into Amendment No. 1 to the agreement for additional services not included to the original scope of work for professional services for an amount of $102,082; and
WHEREAS, the contract terms expired on December 31, 2023; and WHEREAS, the project was bid for construction on July 16, 2024 and additional services are required from the consultant during construction; and
WHEREAS, the City and Consultant desire to further amend the Agreement to extend the contract terms to December 31, 2025 and to increase the not to exceed amount to $393,538 for changes not in the original scope of work for the Industrial Wastewater Pump Station Improvements Project.

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

TERMS
I. The Agreement, 1. Scope of Service section, is amended and restated in its entirely as follows:

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

II. The Agreement, 2. Term; Completion Schedule section, is amended and restated in its entirety as follows:

2. Term; Completion Schedule. This Agreement shall commence on January 18, 2022 and shall terminate on December 31, 2025, unless otherwise 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.

III. The Agreement, 3. Compensation section, is amended and restated in its entirety as follows:

The total amount of compensation to be paid under this Agreement shall not exceed three hundred ninety-three thousand, five hundred thirty-eight dollars ($393,538).

Page 2 of 3 ends

Version: November 2023
IV. 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
___________________________________
Kimbley Craig, Mayor
APPROVED AS TO FORM:
___________________________________
□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney

HARRIS AND ASSOCIATES
____________________________________
Printed name: Frank Lopez
Principal-in-Charge, Harris and Associates, Inc.

Page 3 of 3 ends

Version: November 2023
Exhibit C

EXHIBIT C

ADDITIONAL SCOPE OF SERVICE AND FEE SCHEDULE

Page 1 of 2 ends

Version: November 2022
AGREEMENT —AMENDMENT NO. 1 TO

AGREEMENT FOR PROFESSIONAL SERVICES FOR ENVIRONMENTAL CONSULTANTS/CONTRACTORS

BETWEEN

HARRIS AND ASSOCIATES AND CITY OF SALINAS
This Amendment No. 1 to the Agreement for Professional Services (the “Amendment”) is entered into this 8th day of August 2023, by and between the City of Salinas (the “City”) and Harris and Associates, (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 an Agreement for Professional Services for Environmental Consultants/Contractors effective January 18th, 2022, 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 a term extension of one year, include additional scope of services provided by Consultant, and to reflect the revised compensation to be paid to Consultant.

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

TERMS
l. The Agreement, 1. Scope of Service section, is amended and restated in its entirety as follows:

1. Scope of Service. The project contemplated and the scope of Consultant’s services are described in Exhibits B and B1, attached hereto and incorporated herein by reference.

II. The Agreement, 2. Term; Completion Schedule section, is amended and rested in its entirety as follows:

2. Term; Completion Schedule. This Agreement shall commence on January 18, 2022, and shall terminate on December 31, 2024, 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.

III. The Agreement, 3. Compensation section, is amended and restated in its entirety as follows:

3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation set forth in Exhibits B, and B1. The total amount of compensation to be paid under this Agreement shall not exceed three hundred sixty-three thousand eight hundred eighteen dollars ($363,818).

IV. 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.

DocuSign Envelope ID: 823FB6C7-B61C-4FE7-B47C-2348AC74CBB0

Page 2 of 2 ends

Version: November 2022
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
___________________________________
Steven S. Carrigan, City Manager
APPROVED AS TO FORM:
___________________________________
□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney

HARRIS AND ASSOCIATES
____________________________________
Frank Lopez
Principal-in-Charge, Harris and Associates, Inc.

DocuSign Envelope ID: 823FB6C7-B61C-4FE7-B47C-2348AC74CBB0 Enviro. Prof. Services Agreement v. May 2019 Page 12 of 14 Harris and Associates, Inc.

January 2022
Exhibit B
[Scope of Service; Compensation]
Scope of Services
The Harris team shall provide preliminary design and final design services for the following project elements with the following features and specifications:

TASK 1 – PROJECT MANAGEMENT
Project management functions will include supervising, coordinating, and managing the Harris team; monitoring the schedule and budget; and verifying conformance with applicable standards. A brief progress report will accompany each monthly invoice. It will discuss budget status; schedule, highlighting critical path elements of the project; issues resolved and unresolved; and anticipated next steps.

TASK 2 – PRELIMINARY DESIGN
Kick-off meeting will be convened with the City as soon the contract is awarded to Harris. Afterwards, Harris team will gather and review existing background information about the project that is pertinent to the development of the design alternatives. The team will perform a site assessment at the project site and recommend the design for rehabilitating the IWWPS in tandem with the overall evaluation of the IWWPS structure (structural, geotechnical, concrete/steel condition assessment). Based on the results of documents evaluation, field investigation, structural and geotechnical investigations, and condition assessment of the concrete and steel of the wet well and dry well, Harris team will recommend improvements to the previously stated work scopes for the City’s consideration.

TASK 3 – FINAL DESIGN SERVICES
Harris team will prepare 90%, 95%, and final submittal packages. Each submittal package shall include technical specifications, drawings, cost estimate, and construction schedule. The 95% and final submittals will include applicable City’s review comments on the 90% and 95% design submittals respectively.

TASK 4 – BID PERIOD ASSISTANCE
Harris team will answer bidders’ questions and provide clarifications to the bid documents during the construction process and attend the pre-bid meeting. Harris’s subconsultant TJCAA will provide Structural and EI&C support.

TASK 5 – DESIGN SERVICES DURING CONSTRUCTION
Harris team will answer contractors’ questions and provide clarifications to the bid documents during the construction process and will prepare record drawings, incorporating changes made during construction as marked by the resident engineer and contractor.

TASK 6 – GEOTECHNICAL
Cornerstone Earth Group (Subconsultant) will provide geotechnical engineering services.

TASK 7 – CONDITION ASSESSMENT OF CONCRETE AND STEEL WET WELL AND DRY WELL OF

INDUSTRIAL WASTEWATER PUMP STATION
V&A (subconsultant) will visually assess accessible surfaces of concrete and metal surfaces; use digital photographs to document the conditions and capture corrosion observations of the concrete and metal surfaces and the condition of coatings. V&A will use Surface penetrating radar (SPR) to measure concrete thickness and Ultrasonic testing (UT) to measure steel thickness of dry well structure and metal piping.

DocuSign Envelope ID: 823FB6C7-B61C-4FE7-B47C-2348AC74CBB0 Enviro. Prof. Services Agreement v. May 2019 Page 13 of 14 Harris and Associates, Inc.

January 2022
Assumptions on which cost proposal is based:

General:

1. Hours for individual tasks are an estimate; the total hours for the project takes precedence.

2. Hours and fee may be renegotiated if the project is delayed by factors beyond Harris' control.

3. The number of budgeted meetings is indicated on the spreadsheet.

4. City comments to be presented to Harris in one consolidated set of marked-up documents and/or letter form.

5. Redesign required due to changes made by Agency after 90% design approval are subject to additional fee to Harris & Associates.

6. City to provide permissions to enter private property for Harris and Subs.

7. City or provide.

Mechanical/Civil:

8. IWWPS improvements will double the system capacity and be designed transport the peak flow to the end of the force main. No hydraulic modeling will be performed.

9. Level of effort assumes that City has existing flow meter readings for the IWWPS and curve for the existing pumps.

10. Level of effort assumes that the existing IWWPS can be rehabilitated (not full replacement) Structural:

11. Design will comply with requirements of the 2019 California Building Code

12. Confined space support services to be provided by others.

13. Special foundations systems (e.g., piers/piles) are not required and are not included in the level of effort.

14. Design calculations will be provided with the Bid Documents.

15. Level of effort assumes that the existing IWWPS can be rehabilitated (not full replacement) Geotechnical:

16. Level of effort assumes the site is accessible to a rubber-tired, truck-mounted drill rig equipment.

17. Encroachment permits will be issued by the City of Salinas free of charge.

18. Traffic control will not be needed for the boring location.

19. Drummed soil will be analytically tested and disposed of in a non-hazardous disposal facility. The drums from the proposed boring will be temporarily stored at City approved facility and will be off hauled with one mobilization once test results are completed.

20. Some disturbances to the ground surface may occur as a result of accessing the desired locations of subsurface exploration. Although proper care will be taken to limit the extent of such occurrence s, they cannot be avoided, and this level of effort excludes any costs to re-grade disturbed areas.

21. Level of effort does not include geotechnical observation and testing services during construction.

Electrical, Instrumentations and Controls:

22. "The existing PG&E service to the pump station has reached the end of its useful life and will be replaced under this project. The new service will be sized to support the increase capacity of the pump station as required per the RFP. New service will either be 240V 3 phase or 480V, 3 phase per PG&E criteria."

23. Site assessment of the existing pump station electrical components will not be required. Replacement of all the pump station existing electrical infrastructure will be required.

24. Wet well and surrounding area assumed Class 1, Div 1 per NFPA 820. Drywell and surrounding area assumed Class 1, Div DocuSign Envelope ID: 823FB6C7-B61C-4FE7-B47C-2348AC74CBB0 Enviro. Prof. Services Agreement v. May 2019 Page 14 of 14 Harris and Associates, Inc.

January 2022
2 per NFPA 820. All new electrical distribution and motor control equipment to be located outside or in otherwise unclassified areas with suitable conduit sealing or barriers as required by the NEC. Addition of ventilation to declassify existing areas subject to classification per NFPA 820 is not included.

25. Existing site lighting in the vicinity of the lift station is adequate; new exterior lighting systems will not be required.

26. Existing site lighting in the vicinity of the lift station is adequate; new exterior lighting systems will not be required.

27. Provide new plug-in emergency power receptacle and MTS for portable generator. City to provide preferred receptacle configuration for portable generator connection.

28. Normal pump control assumed based on modular pump controller based on submersible, pressure-based level transmitter (4- 20mA). Pump control schematic will include independent float and relay-based backup controls. Panel fabrication specifications will be provided based on UL 508 criteria and City standard control specifications if available. Intrinsically safe wiring and components will be used for devices as applicable.

29. Provide remote monitoring in accordance with existing City SCADA and telemetry systems. Existing station remote monitoring is assumed in place and will be modified to incorporate the new pump station design characteristics.

30. Provide additional 120V distribution for drywell lighting, receptacles, sump pump, ventilation, and other auxiliary equipment.

31. P&IDs are not required
DocuSign Envelope ID: 823FB6C7-B61C-4FE7-B47C-2348AC74CBB0

PIC PM PE QA/QC
$300 $280 $150 $280
1a 12 40 52 $14,800 $0 $14,800
2a 2 12 2 16 $4,520 $3,500 $3,850 $8,370
2b 2 12 8 22 $5,160 $4,750 $5,225 $10,385
2c Hydraulic Analysis320 2 22 $6,160 $0 $6,160
2d Site Survey (w/Easement Research)41 8 16 25 $4,940 $5,630 $6,193 $11,133 2d Corrosion Protection Assessment51 4 5 $1,420 $2,356 $2,592 $4,012 3a Final Design (90%, 95%, and 100% PSE)68 24 64 6 102 $20,400 $13,420 $14,762 $35,162 5a Additional ESDC (for generator)74 16 20 $5,680 $3,280 $3,608 $9,288 7a Geotech (Additional Cost of Drill Rig)8$0 $2,520 $2,772 $2,772 18 96 88 10 0 212 0 $63,080 $20,200 $4,750 $2,520 $5,630 $2,356 $39,002 $102,082 Legend: Subconsultants
PIC Principal-In-Charge Clipper Controls
PM Project Manager V&A
PE Project Engineer Cornerstone
QA/QA Quality Assurance/Quality Control TJC & Associates Calvada
Notes for Additioanl Work/Out of Scope Work

0. Additional effort required for coorinating with additional subs and longer duration of project (schedule pushed ~

1. Additional effort for inclusion of Generator requirements and cost within the BOD Report

2. Additional Flow Monitoring (outside of original scope)

3. Additional Hydraulic Analysis, (outside of original scope)

4. Site survey showing existing easements (outside of original scope)

5. Corrosion Protection Assessment (outside of original scope)

6. Additoinal effort required for including permanent standby generator and design of generator pad, and new valve vault structure

7. Additional Engineering Services During Construction for anticipated longer duration coordinating with contractor to install permanent standby generator

8. Additoinal cost of geotechnical drill rig due to delay in schedule

9. Includes 10% Markup for sub-consultant fees
Preliminary Design (Addition of Generator to BOD)1
Cornerston
e (Geotech)
Calvada
(Survey)
Clipper Controls
(flow monitor)
Sub Hours
Subconsultants Cost
TJC
(Elec/Struct) V&A
Total =
Credits from Original Scope/Fee
Flow Monitoring (included site visit)2
Project Management0
Task Harris Hours Harris Cost Total Cost
ODC Total(9) Task Description
Exhibit B1, Amendment No. 1 Scope of Work
DocuSign Envelope ID: 823FB6C7-B61C-4FE7-B47C-2348AC74CBB0 Page | 1
RESOLUTION NO. 22760 (N.C.S.)

A RESOLUTION APPROVING AN AMENDMENT TO THE PROFESSIONAL

SERVICES AGREEMENT BETWEEN THE CITY OF SALINAS AND HARRIS AND

ASSOCIATES FOR THE INDUSTRIAL WASTEWATER PUMP STATION

IMPROVEMENTS
WHEREAS, the City of Salinas owns and operates an Industrial Wastewater Collection and Conveyance System which includes the Industrial Wastewater Pump Station; and WHEREAS, on January 18, 2022, the city authorized an agreement with Harris and Associates to perform the Industrial Wastewater Pump Station Improvements (Resolution No. 22290); and
WHEREAS, over the course of conducting the Industrial Wastewater Pump Station Improvements, additional services have been required that were not in the original scope of work; and
WHEREAS, the original agreement approved by Council is set to expire at the end of the year and requires revisions to the terms to extend the completion date; and WHEREAS, an Amendment to the Professional Services Agreement was drafted to reflect these changes.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALINAS, that Amendment No 1 to the Professional Services Agreement between the City of Salinas and Harris and Associates to provide professional services related to the Industrial Wastewater Pump Station Improvements (CIP 9009) in the amount of $102,082, for a total compensation under the agreement not to exceed $363,818 is hereby approved; and BE IT FURTHER RESOLVED that the Mayor of Salinas is hereby authorized and directed, for and on behalf of the City of Salinas, and as its act and deed, to execute the attached Amendment No 1 to the Professional Services Agreement. between the City of Salinas, a Charter City, and Harris and Associates, a California Corporation; and BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute extensions and/or non-substantial modifications to the Agreement, as necessary.

DocuSign Envelope ID: 5FAFA174-AD46-4937-82B4-2CBB0D03A181 Page | 2
PASSED AND APPROVED this 8
th day of August 2023, by the following vote:

AYES: Councilmembers Barrera, Gonzalez, McShane, Osornio, Rocha, Sandoval and Mayor Craig
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
DocuSign Envelope ID: 5FAFA174-AD46-4937-82B4-2CBB0D03A181 City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-393, Version: 1
Agreements for Regular Clean Up of Alisal Commercial Corridors for Fiscal Year 2024-2025 Approve a Resolution authorizing the City Manager to execute a service agreement for regular cleanup of the Alisal commercial corridors for Fiscal Year 2024-25 in an amount not to exceed $190,030 with Downtown Streets and enter into a License Agreement to use a portion of the property at 282 East Alisal Street in support of the commercial corridor regular cleanup services; and execute a service agreement for regular cleanup of the Alisal commercial corridors in an amount not to exceed $49,140 with Hope Services and enter into a License Agreement to use a portion of the property at 655 Elvee Drive in support of the commercial corridor regular cleanup services.

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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: AUGUST 20, 2024
DEPARTMENT: COMMUNITY DEVELOPMENT

PUBLIC WORKS
FROM: LISA BRINTON, DIRECTOR

DAVID JACOBS, DIRECTOR
THROUGH: GRANT LEONARD, PLANNING MANAGER

ADRIANA ROBLES, CITY ENGINEER
BY: MARIA CONTRERAS, MANAGEMENT ANALYST
TITLE: AGREEMENTS FOR REGULAR CLEANUP OF THE ALISAL
COMMERCIAL CORRIDORS FOR FISCAL YEAR 2024-25
RECOMMENDATION:

A motion to approve a Resolution authorizing the City Manager to:
1) execute a service agreement for regular cleanup of the Alisal commercial corridors for Fiscal Year 2024-25 in an amount not to exceed $190,030 between the City of Salinas and Downtown Streets, Inc.;
2) enter into a License Agreement with Downtown Streets, Inc., to use a portion of the property at 282 East Alisal Street in support of Downtown Streets, Inc.’s Alisal commercial corridor regular cleanup services;
3) execute a service agreement for regular cleanup of the Alisal commercial corridors in an amount not to exceed $49,140 between the City of Salinas and Hope Services; and 4) enter into a License Agreement with Hope Services to use a portion of the property at 655 Elvee Drive in support of Hope Services’ Alisal commercial corridor regular cleanup services.

EXECUTIVE SUMMARY:

On August 22, 2023, City Council authorized Agreements for Services with two non-profit organizations (Downtown Streets, Inc., and Hope Services) for regular cleanup of the Alisal commercial corridors to meet the Alisal Vibrancy Plan (AVP) short term goal of improving cleanliness and appearance. Said services successfully established routine litter removal, cleaning of trash and recycling corrals, benches, and planters in Fiscal Year 2023-2024. As such, staff seeks to continue these routine cleanup service contracts into Fiscal Year 2024-25.

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BACKGROUND:

In November 2019, the City Council unanimously accepted the Alisal Vibrancy Plan (AVP) as a strategic planning document. The AVP is an action-oriented, comprehensive strategy for Salinas’ Alisal (East Salinas) neighborhood. The AVP’s purpose is to communicate the collective vision, goals, and desires of those who live, work, worship, and shop in the Alisal. The AVP Implementation Plan, developed in collaboration with the AVP Implementation Committee, prioritizes short-term activities to improve the cleanliness, appearance, infrastructure, parks and open space and to promote economic development of the Alisal. The City Council appropriated a total of $5.34 million dollars in the Capital Improvement Project (CIP) Budget over Fiscal Years 2021, 2022, and 2023 for immediate and short-term implementation activities.

A primary goal of the AVP is to improve the appearance and cleanliness of Alisal commercial corridors. A specific action listed in the AVP is to establish regular, comprehensive corridor maintenance that includes greater engagement of businesses, property owners, and community organizations.

Agreements for Services:

Continuation of two Agreements for Services is proposed with Downtown Streets Team, Inc., and Hope Services, two non-profit organizations, to address the cleanliness and appearance of Alisal commercial areas through regularly scheduled cleanups. Refer to Attachment 2 for areas covered by the proposed service contracts.

Salinas Downtown Streets Team (Downtown Streets, Inc., or DSI) was launched in 2019 and has since contributed to cleaner streets in the city with cleanup efforts focused in the Chinatown area, Downtown corridor, and Natividad Creek Park. Under their Agreement for Services, the Salinas DSI expanded its cleanup efforts to include the Alisal and create two new Streets Teams to assist with litter removal. The Agreement for Services with Downtown Streets, Inc., is provided as Attachment 3 to this staff report. Additionally, continuation of a License Agreement, Attachment 4, for use of portion of the property at 282 East Alisal Street in support of DSI’s services in the Alisal is needed.

Hope Services operates the Community Employment Services program to promote inclusive, integrated employment opportunities for their clients with developmental disabilities through personalized training and on-the-job coaching. Under their Agreement for Services, provided as Attachment 5 to this staff report, Hope Services will continue to provide a group of four workers and a supervisor to perform litter abatement and proper disposal and cleaning of City-owned furniture and or facilities in the public sidewalks. Additionally, continuation of a License Agreement, Attachment 6, for use of portion of the property at 655 Elvee Drive as a staging area in support of Hope Services’ services is needed.

Through continuation of the proposed Agreements with Downtown Streets Team, Inc. and Hope Services, organization team members (individuals transitioning from homelessness or who have developmental disabilities) are provided job training opportunities while enhancing the cleanliness and appearance of Alisal commercial areas. Scopes of work include routine litter and debris removal services and cleaning of public infrastructure, including benches, planters, and trash and recycling corrals immediately within the public sidewalks along Alisal commercial corridors.

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Staff recommends renewal of both service agreements for regular cleanup of the Alisal commercial corridors because both organizations address litter removal and beautification of the community while striving to address integration of the unsheltered population and of people with developmental disabilities and mental health needs into the workforce as well as increased selfsufficiency of the participating team members.

Authorizing renewal of the services under these Agreements will continue to provide a positive impact to the community and will continue to address some of the short-term goals of the AVP Implementation Plan, demonstrating the City’s commitment to the Alisal community. The term of the subject agreements is through June 30, 2025.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the Agreements for Services are not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378) because the matter does not cause a direct or foreseeable indirect physical change on or in the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

STRATEGIC PLAN INITIATIVE:

The proposed Agreements further the City Council’s Strategic Plan Initiatives of Economic Development and Infrastructure and Environmental Sustainability by advancing the AVP implementation related to cleanliness and improving the appearance of Alisal commercial corridors.

DEPARTMENTAL COORDINATION:

The Community Development Department has led the efforts for these contracts in coordination with the Public Works and Legal Departments.

FISCAL AND SUSTAINABILITY IMPACT:

Funding is available and appropriated in the Alisal Vibrancy Plan Capital Improvement Program (Appropriation 5800.30.9246) and the Public Works CalRecycle Grant Fund (Appropriation 3251.81.8133).

ATTACHMENTS:

Attachment 1: Resolution
Attachment 2: Coverage Area Maps
Attachment 3: Agreement for Services between the City and Downtown Streets, Inc.

Attachment 4: License Agreement between the City and Downtown Streets, Inc.

Attachment 5: Agreement for Services between the City and Hope Services.

Attachment 6: License Agreement between the City and Hope Services.

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RESOLUTION NO. (N.C.S.)

A RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENTS FOR SERVICES BETWEEN THE CITY AND DOWNTOWN STREETS, INC., AND HOPE

SERVICES TO PROVIDE REGULAR CLEANUP OF THE ALISAL COMMERCIAL CORRIDORS (FISCAL YEAR 2024-25)
WHEREAS, City Council has appropriated a total of $5.34 million dollars in the Capital Improvement Project (CIP) Budget over fiscal years 2021, 2022, and 2023 for immediate and short-term implementation activities identified in Alisal Vibrancy Implementation Plan focused on the appearance, cleanliness, and safety of the Alisal; and WHEREAS, a specific action listed in the Alisal Vibrancy Plan (AVP) is to establish regular, comprehensive corridor maintenance that includes greater engagement of businesses, property owners, and community organizations to improve the appearance and cleanliness of the Alisal’s commercial corridors; and
WHEREAS, on August 22, 2023, City Council approved Resolution No. 22770 authorizing the execution of Agreements for Services between the City and Downtown Streets, Inc., and Hope Services establishing routine litter removal, cleaning of trash and recycling corrals, benches, and planters along public sidewalks; and
WHEREAS, implementation of the regular cleanup of Alisal commercial corridors has improved cleanliness and appearance of the Alisal commercial corridors; and WHEREAS, through the continuation of these Agreements, Downtown Streets, Inc., and Hope Services organization team members (individuals transitioning from homelessness or who have developmental disabilities) will be provided job training opportunities while cleaning and enhancing the Alisal community appearance; and
WHEREAS, a License Agreement for use of portion of the property at 655 Elvee Drive is necessary to provide a staging area in support Hope Services’ efforts of regular cleanup in the Alisal commercial corridors; and
WHEREAS, a License Agreement for use of portion of the property at 282 East Alisal Street is necessary to support Downtown Streets, Inc.’s, efforts of regular cleanup in the Alisal commercial corridors; and
WHEREAS, the proposed agreements are not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

WHEREAS, the funding source for these agreements is the City’s 2023-2024 Capital Improvement Program Budget, CIP 9246 (Alisal Vibrancy Plan), in the amount of $239,170; while the remaining $5,000 amount is from the Public Works CalRecycle Grant fund (G/L 3251.81.8133-63.6010). Funds are appropriated and available in the above referenced accounts.

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NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby authorizes the City Manager to:
1) execute a service agreement for regular cleanup of the Alisal commercial corridors for fiscal year 2024-25 in an amount not to exceed $190,030.00 between the City of Salinas and Downtown Streets, Inc.;
2) enter into a License Agreement with Downtown Streets, Inc., to use portion of the property at 282 East Alisal Street in support of Downtown Streets, Inc.’s Alisal commercial corridor regular cleanup services;
3) execute a service agreement for regular cleanup of the Alisal commercial corridors in an amount not to exceed $49,140.00 between the City of Salinas and Hope Services; and
4) enter into a License Agreement with Hope Services to use a portion of the property at 655 Elvee Drive in support of Hope Services’ Alisal commercial corridor regular cleanup services.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
ALISAL DST TEAM 1 – CLEANUP COVERAGE MAP
 ALISAL ST (285 E ALISAL ST TO EAST END OF HIGHWAY 101 UNDERPASS)  COMMISSION ST
 GRIFFIN ST (JOHN ST TO MARKET ST)
 MARKET ST (SHERWOOD DR TO EAST END OF HIGHWAY 101 UNDERPASS)  RIANDA ST
 WORK ST (JOHN ST TO ALISAL ST)
ALISAL DST TEAM 2 – CLEANUP COVERAGE MAP
 ALISAL ST (EAST END OF HIGHWAY 101 UNDERPASS TO HEBBRON AVE)  JOHN ST (EAST END OF HIGHWAY 101 OVERPASS TO WOOD ST)  KERN ST (ALISAL ST TO MARKET ST)
 MADEIRA AVE (NORTH+SOUTH OF ALISAL ST)
 MADEIRA AVE (NORTH OF MARKET ST)
 MARKET ST (EAST END OF HIGHWAY 101 UNDERPASS TO HEBBRON AVE)  PEARL ST (ALISAL ST TO TERMINUS OF S. PEARL ST)
 ROOSEVELT ST (KERN ST TO PEART ST)
 WOOD ST (JOHN ST TO ROOSEVELT ST)

Agreement for Services v. May 2024 Page 1 of 15
Downtown Streets, Inc.

August 2024

AGREEMENT FOR SERVICES BETWEEN
THE CITY OF SALINAS AND DOWNTOWN STREETS, INC.
for
Regular Cleanup of Alisal Commercial Corridors
THIS AGREEMENT is executed this 20th day of Augusts 2024, (“Contract”) between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”) and Downtown Streets, Inc., a California non-profit 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, routine cleanup in the Alisal area, as described in Attachment B.

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

3. Term. The work under this Agreement shall commence August 20, 2024, and shall be completed by June 30, 2025, 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, a not to exceed amount of one hundred and ninety thousand and thirty Dollars ($190,030.00), as more fully described in title of Contractors fee schedule, Attachment B. Contractor has no right of reimbursement for expenses under this Agreement. Compensation shall become due and payable 30 days after City’s approval of Contractor’s submission of monthly written invoices to the City. The payment of any compensation shall be contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.

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

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

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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 active negligence, sole negligence or willful misconduct of the City.

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

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

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

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

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

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

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

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

IN WITNESS WHEREOF, this Agreement is entered into by the parties hereto on the day and year first written above.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Agreement for Services v. May 2024 Page 3 of 15
Downtown Streets, Inc.

August 2024

CITY OF SALINAS
__________________________________
Rene L. Mendez, City Manager
APPROVED AS TO FORM:
_________________________________
Christopher A. Callihan, City Attorney, or
Rhonda Combs, Assistant City Attorney

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

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

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

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

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

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

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

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

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

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of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

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

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

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

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

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

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

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

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

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

Maintenance of Insurance
Maintenance of insurance by Contractor as specified shall in no way be interpreted as relieving Agreement for Services v. May 2024 Page 6 of 15
Downtown Streets, Inc.

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

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Downtown Streets, Inc.

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Attachment B
(DST-Salinas Alisal Proposal)
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Downtown Streets, Inc.

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Downtown Streets, Inc.

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DST-Salinas Alisal Proposal
Who: This past year, DST has been refining its core
model to continue to serve volunteer Team Members
with a low barrier entry point while incorporating an
additional paid workforce component. Our successful
theory-of-change model relies on volunteer teams of
Team Members (unhoused and at-risk clients) who
clean city streets to develop their soft skills, create a supportive community of peers, and provide a
meaningful daily activity. To ensure volunteers continue to have access to the low barrier model and service in
an ever-changing employment environment, has
decided to change our existing incentive model for
volunteers. The new model unlinks volunteer cleanup
efforts with basic needs gift cards for participation in program activities to up to $600 annually. DST launched a pilot program in San Francisco to test out programmatic changes in July 2023 and moved all other communities to the new model in January 2024.

Salinas acted as an early adopter and rolled out this new model to Team Members in October 2023.

With this change, we were able to reduce our total stipend budget and hire four part-time employees (1 Shift Supervisor and 3 Volunteer Leads) who go out on shift Monday-Friday to ensure DST can meet their debris removal numbers. The Shift Supervisor position is commensurate with the previous Blue Shirt position. They are in a managerial role supervising the Volunteer Leads and working closely with the DST Program Manager to execute programming. Volunteer
Leads are commensurate with the Green Shirt position and lead Team Members on their assigned routes. They are
tracking debris and syringes removed, Team Member
attendance, and more. The two Alisal Teams will be led by Volunteer Leads with one Lead supporting Team 1 and one Lead supporting Team 2.

Programmatic Differences:
• Shift is purely volunteer with no stipends attached to participation
• Shifts are led by Streets Team Enterprises (STE) employees who can meet contract objectives
• Team Members earn stipends by attending meetings and workshops, not by attending shift
• The stipends are $50 for 11 weeks and $25 in the twelfth week. • Team Members can volunteer and receive services for one year In the 90 days of the pilot we found that Team Members were participating in 87% of shifts as compared to the prior model despite not having a financial incentive to do so. The new program is more successful in human services outcomes than the previous model. In the first month of widespread adoption the following outcomes were achieved:

Since July 2019, Downtown Streets Team as a whole organization has removed over 27,500 barriers to self-sufficiency impeding Team Members’ progress! The agency as a whole have placed over 1500 individuals into employment (lasting over 90 days) and over 1,751 individuals placed into permanent housing. One person at a time, DST is ending homelessness through the dignity of work.

Since July 2024, DST-Salinas has collected 1,028,835 gallons of debris, 46,078 cigarette butts and safely removed 1,160 needles. We have removed over 1,441 barriers impeding Team Member goal achievement with 7 individuals entering into employment (lasting at least 90 days) and 47 into permanent housing.

DST project is a “gateway program” for those
living on the street who have lost hope and
motivation. We provide an individualized
approach to employment, housing, and barrier
removal for each Team Member. Our goal is
to change the perception of homelessness in
each community we work.

What: With the City’s partnership, DST will
use funds to continue operating two Teams of
1 STE Volunteer Lead and 4-6 volunteers
each to assist with debris removal, syringe
removal, and maintenance of the designated areas in the Alisal neighborhood. Team Members will act as ambassadors with current residents and business owners in the area to build awareness about our program and to show community members the value of DST. DST Case Managers and Employment Specialists will provide work readiness training, Case Management and Employment Services to all Team Members and STE employees. As with every other Downtown Streets Team, the staff will work with existing housing and shelter providers, service providers (medical, legal, etc.), and local government agencies to remove barriers to self-sufficiency for every Team Member and STE employee. We consider ourselves professional problem solvers working to support Team Members in achieving any goals they set for themselves.

Downtown Streets Team has proven to contribute to the
local community in the following ways:
§ Cleaner/safer streets, communities,
encampments and natural environments
§ A cost-effective solution to homelessness with
savings to local government
§ An individualized case management model and
gateway program for the “service resistant”
§ Immediate results
§ An intervention with positive behavioral changes
§ A highly visible model which provides good PR
for the unhoused community and project partners
When: DST staff work Monday through Friday (40
hours per week) for 49 weeks per year. STE employees
work, and DST Team Members volunteer, MondayFriday (maximum 4 hours per shift) and follow the same holiday schedule as DST staff. A list of the holidays can be provided to our partners annually.

DST Team Members do not volunteer in inclement
weather (heat, cold, or rain) due to the increased health risks. Without stable housing, those experiencing homelessness are more prone to illness since it’s more difficult to stay warm and keep their clothing dry. Team Members receive their stipends at the weekly Success Meetings with supportive service staff, attending interviews, trainings and other employment readiness activities.

DST-Salinas holds their weekly workshops and Success Meetings on Wednesdays at the PAL (100 Howard Ave Salinas, CA). The workshop begins at 11am and the Success Meeting begins at 12:30pm which allows participants to take a 30-minute break between meetings.

Schedules:

Alisal Team 1 Schedule
Monday Tuesday Wednesday Thursday Friday
8am-12pm 8am-12pm 8am-12pm 8am-12pm 8am-12pm
Alisal Team 2 Schedule
Monday Tuesday Wednesday Thursday Friday
8am-12pm 8am-12pm 8am-12pm 8am-12pm 8am-12pm
Where: The full map of all DST-Salinas routes can be found using this link. The images provided below represent the route that will be covered by both Alisal Teams.

Alisal Team 1:

ALISAL DST TEAM 1 – CLEANUP COVERAGE MAP
 ALISAL ST (285 E ALISAL ST TO EAST END OF HIGHWAY 101 UNDERPASS)  COMMISSION ST
 GRIFFIN ST (JOHN ST TO MARKET ST)
 MARKET ST (SHERWOOD DR TO EAST END OF HIGHWAY 101 UNDERPASS)  RIANDA ST
 WORK ST (JOHN ST TO ALISAL ST)
Alisal Team 2:

Impact and Methodology: This project will utilize DST’s custom data impact system to measure human service results. This new system utilizes Clarity software, the industry leader in Homeless Management Information Systems (HMIS), which can integrate into existing HMIS data systems in Salinas. Furthermore, user data will be collected twice annually through an anonymous and optional feedback survey. The survey also captures qualitative data such as improved health, increased dignity and more positive interactions with the criminal justice system.

DST is committed to achieving the following outcomes throughout the duration of the annual contract tied to the two Alisal Teams. These metrics were determined with the same methodology as the other two contracts that DST has with the City of Salinas. The metrics below are in proportion to the funding provided by the contract as compared to the other two contracts.

Proposed Outcomes:
• Serve 10 unduplicated individuals
• Transitioning 2 individuals into employment lasting at least 90 days or job currently held at the time of the final report
• Placing 5 individuals into permanent housing
• 720 Cubic Yards of debris removed
• 500 syringes removed
• 30 Barriers removed
ALISAL DST TEAM 2 – CLEANUP COVERAGE MAP
 ALISAL ST (EAST END OF HIGHWAY 101 UNDERPASS TO HEBBRON AVE)  JOHN ST (EAST END OF HIGHWAY 101 OVERPASS TO WOOD ST)  KERN ST (ALISAL ST TO MARKET ST)
 MADEIRA AVE (NORTH+SOUTH OF ALISAL ST)
 MADEIRA AVE (NORTH OF MARKET ST)
 MARKET ST (EAST END OF HIGHWAY 101 UNDERPASS TO HEBBRON AVE)  PEARL ST (ALISAL ST TO TERMINUS OF S. PEARL ST)
 ROOSEVELT ST (KERN ST TO PEART ST)
 WOOD ST (JOHN ST TO ROOSEVELT ST)
Budget:

The largest expenses reflected above are for staffing (DST & STE) and basic needs stipends, which are used to incentivize Team Members and help them transition out of survival mode into goal-setting mode. Staffing costs are higher than originally projected because we need to hire a part-time driver to make the dump runs for both Alisal Teams. We will be providing comprehensive case management services to the Team Members on the Alisal Teams and we need to cover a portion of the salaries of our direct service staff.

We have included a line item to reflect associated hiring costs such as benefits, payroll taxes and workers compensation. Communications covers a phone for the staff member, Computer Equipment covers the computer for staff member, and Mileage covers transporting clients, driving to-and- from landlord outreach, and other local travel. All other line items are essential expenses for the successful execution of this program. “G&A, Management, Legal” is adjusted to meet the ESG required 10% and will cover accounting, legal expenses, program support, and other critical back-end functions essential to the smooth execution of this program.

This proposal is meant to act as the continuation of our expansion conversation. All matters of project area, schedule, days and hours volunteered, number of Team Members, etc. can be adjusted to meet priorities identified. We welcome any opportunity to discuss this project in greater detail.

Thank you!
Jocelyn Curran, Director – Monterey & Santa Cruz Counties Downtown Streets Team (DST) Budget Line-Item Descriptions:

Non-Cash Basic Needs Stipends: Gift cards to local stores like ARCO, Wal-Mart, Lucky’s, etc. to help Team Members cover their basic needs. Team Members receive these stipends in exchange for their time volunteering with DST.

Supplies-Program: Items needed to successfully run DST’s flagship model such as Team Member shirts, pickers, buckets, mega-brutes, etc.

Office supplies: Items needed to successfully run the office such as paper for the printer, pens, paper clips, etc.

Repair & Maintenance – Program Vehicles: Any expenses needed to maintain the DST vehicles to mitigate any wear and tear incurred during program operations. Examples would be oil changes, tire rotations, repairing any damage done on the job.

Vehicle Expenses – Gas: Gas needed to operate the DST vehicles and fees incurred to maintain the safe operation of the DST van and truck.

Rent-Programs: These funds are used to pay rent for the DST office in Salinas.

Utilities: Utilites for the office (PG&E, trash, water, etc) Subscriptions & Memberships: Chamber of Commerce membership, etc Waste Processing Costs: Fees incurred when disposing of debris removed at Republic Services Printing: Any printing fees incurred to run DST’s program for things such as outreach materials, bi-lingual pamphlets, flyers, etc
Postage & Delivery: Stamps and other postage needed to mail items on behalf of Team Members or to contribute to the operations of DST’s programs Insurance – Professional Liability: Professional liability insurance for DST programs License & Insurance – Program Vehicles: Fees incurred to provide insurance covers for DST vehicles and drivers utilizing DST vehicles
Rental Assistance (RA): RA can include assistance with rent payment and, in this case, is not to exceed 50% of a participant’s rent for more than 6 months.

Financial Assistance (FA): FA can include rental application fees, deposits, one-time move in costs, etc.

Public Transportation Passes: MST bus passes for active Team Members and STE Participant Employees
Software & Licenses: HMIS Licenses, Clarity, Asana, etc Mileage: Any mileage driven by staff driving Team Members to various appointments, court appearances, etc. Staff also incur mileage when driving to All Staff meetings, internal professional development opportunities, etc.

Telephone & Internet: Costs (repairs, new equipment, etc.) related to DST staff’s work phone; internet expenses for the office
Computer Expenses: Costs (repairs, new equipment, etc.) related to DST staff’s computers STE Workforce Development Wages: These funds are used to contribute towards the salaries of Salinas STE Participant Employees (Part-Time positions) supporting DST operations on all five routes. We will only bill for contract specific related costs (STE Participant Employees for the two Alisal Teams are billed to the Alisal contract).

STE Workforce Development Benefits: Benefits, taxes, and other fees incurred for all STE Participant Employees (Part-Time positions). We’ve calculated this cost to be 19% of the salary cost which is reflected in the budget.

Personnel Salaries (DST): These funds are used to contribute towards the salaries of Salinas staff members supporting the Team Members on all five routes. Everyone on staff works with our Team Members in various capacities. Each contract covers a portion of staff salaries contr Benefits, Payroll Taxes, WC (DST): Benefits, taxes, and other fees incurred for all DST staff.

We’ve calculated this cost to be 23% of the salary cost which is reflected in the budget.

Accounting, Legal, G&A (Overhead): Organizational costs related to accounting services, legal services, and General and administrative (G&A) expenses. These are expenses may be incurred as a benefit to the company as a whole. Total overhead percentage should not exceed 10% for the City of Salinas.

City of Salinas/Downtown Streets, Inc. Page 1 of 8
License Agreement
August 2024

LICENSE AGREEMENT
A Portion of 282 East Alisal Street, Salinas, California This License Agreement is made and entered into this 20th day of August 2024, by and between the City of Salinas, a California charter city and municipal corporation hereinafter called "the City," and Downtown Streets, Inc, a California non-profit corporation hereinafter called “Downtown Streets, Inc.” The City and Downtown Streets, Inc., may collectively be referred to herein as “the Parties.”

RECITALS
WHEREAS, the City is the owner of that real property located at 282 East Alisal Street, in the city of Salinas, California, County of Monterey, (Assessor’s Parcel Number 003-041-031-000) (hereinafter the “Property”); and
WHEREAS, the City is currently leasing a portion of the Property (approximately 0.7 acres in size), occupied by an existing self-service car and pet wash “the Premises”, said Premises being the entirety of the Property except for the westernmost 30 feet, which is occupied by a right-of-way, as more particularly described in Exhibit C; and
WHEREAS, Downtown Streets, Inc., has requested space for a staging area for the purpose of storage of equipment and materials in a storage shed in support of Downtown Streets, Inc.’s Alisal Commercial Corridor Cleanup Program services under Capital Improvement Project No. 9246; and WHEREAS, City has identified space on the property owned by the city and located at 282 East Alisal Street of which the City will make a portion available to Downtown Streets, Inc., for the purposes described above; and
WHEREAS, the current Lessee has granted the City permission to License approximately 450 s.f. of space to Downtown Streets, Inc., who is entering into a contract for services concurrently on August 20, 2024, pursuant to which Downtown Streets, Inc., will perform the Alisal Commercial Corridor Cleanup Program services as part of the Alisal Vibrancy Plan (Capital Improvement Project No. 9246); and NOW THEREFORE, this License Agreement is entered into upon the following terms and conditions:

TERMS

1. Grant of License. The City hereby grants to Downtown Streets, Inc., an exclusive, temporary, and revocable License to use approximately 450 square feet of Licensed Space located at 282 East Alisal Street, as more particularly described in the attached “Exhibit A” (the “Licensed Space”) for the term set forth in section 3.

2. Purpose of License; Use of Licensed Space. The sole purpose of this License Agreement is to allow temporary storage and movement to and from the Licensed Space of equipment and materials, in support of Downtown Streets, Inc.’s Alisal Commercial Corridor Cleanup Program services under Capital Improvement Project No. 9246. Access to and use of the Licensed Space shall be put to no other use by Downtown Streets, Inc., or any of its subcontractors, sublicensees, officers, employees, agents, or representatives or any of their officers, employees, agents, or representatives. Neither Downtown Streets, Inc., nor any of its subcontractors, sublicensees, officers, employees, agents, or representatives nor any of their officers, employees, agents or representatives shall use the Licensed Space other than in a careful and proper City of Salinas/Downtown Streets, Inc. Page 2 of 8
License Agreement
August 2024
manner and will adequately maintain the Licensed Space and all improvements thereon (if any) in the same physical condition as of the Commencement Date as defined below, making any and all replacements and repairs necessary during the term of this License to keep the Licensed Space in the same physical condition as of the Commencement Date; subject however, to normal wear and tear and as may be otherwise stipulated in this agreement. Downtown Streets, Inc., covenants and agrees that it shall never at any time suffer, permit, or allow any nuisance to be maintained upon all or any part of the Licensed Space nor any mechanic's, materialmen's, or laborer's liens to attach to said property.

3. Term. The term of this License Agreement for the use of the Licensed Space shall commence on August 6, 2024 (the “Commencement Date”) and expire on June 30, 2025 (the Termination Date”).

Downtown Streets, Inc., shall have the option to extend this License Agreement by an additional one month, to July 31, 2025, by providing written notice to the City at three (3) days prior to the expiration date. This License Agreement may only be further extended upon the express written consent of the City.

Upon the expiration or the earlier termination of this License, Downtown Streets, Inc., shall peaceably vacate the Licensed Space and any and all improvements located thereon and deliver the same to the City in at least as good a condition as it was delivered to Downtown Streets, Inc., on the Commencement Date, reasonable wear and tear and casualty excepted.

4. License Fee. Downtown Streets, Inc., may utilize the Licensed Space for a $1.00 fee beginning on the Commencement Date and continuing through the Termination Date. This Licensed Space is integral for the regular cleanup of the Alisal commercial corridors to serve as a staging area for the purpose of storage of equipment and materials in a storage shed in support of Downtown Streets, Inc.’s Alisal Commercial Corridor Cleanup Program services under Capital Improvement Project No. 9246.

5. Condition of Licensed Space. The Licensed Space is Licensed to Downtown Streets, Inc., on an “AsIs” basis and the City has no obligation for maintenance, repair, improvement, or alteration of or to the properties either during the term of this License Agreement. Except as otherwise set forth in this License Agreement, Downtown Streets, Inc., is not required to repair any pre-existing conditions on the Licensed Space. Notwithstanding the preceding, Downtown Streets Inc.’s inspection of the Licensed Space has been limited to a visual inspection of the surface conditions. Consequently, Downtown Streets Inc.’s acceptance of the Licensed Space is limited to the surface conditions and Downtown Streets, Inc., is not responsible for subsurface conditions of the Licensed Space. The City may access the Licensed Space for general maintenance, if deliberately unattended by Downtown Streets, Inc.

6. Structures. No structures, other than the approved storage shed for the Alisal Cleanup Program, shall be placed on or constructed upon the Licensed Space, except as otherwise authorized in advance and in writing by the City. As used in this paragraph, “structures” shall not be construed to mean the equipment (including incidental equipment) necessary to perform any of the authorized uses of the Licensed Space.

7. Laws and Ordinances. Downtown Street, Inc., shall comply with all statutes, ordinances, regulations, and requirements of all governmental entities, both federal and state and county or municipal relating to Downtown Streets, Inc.’s use and occupancy of the Licensed Space whether those statutes, ordinances, regulations, and requirements are now in force or are subsequently enacted.

8. Assessments. This License may create a taxable possessory interest, together with any other taxes or assessments imposed against Downtown Streets, Inc., or the activities of Downtown Streets, Inc., shall be paid by Downtown Streets, Inc., before they become delinquent.

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9. Utilities. This License does not include the furnishing of gas, water, electricity, telephone service, garbage pickup and disposal, and other public utilities to the Licensed Space during the term of this License.

10. Indemnification. Downtown Streets, Inc., shall indemnify, defend, and hold the City and its officers, employees, agents, and representatives harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to any property, or violation of any relevant federal, state or municipal law or ordinance, or other cause in connection with the City’s grant of this License and Downtown Streets, Inc., and any of its sublicensees, officers, employees, agents or representatives’ use or occupancy of the Licensed Space pursuant to such License, except for any such claim arising from the acts, omissions, comparative negligence, or willful misconduct of the City, its officers, employees, agents or representatives. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages and shall survive the expiration or the earlier termination of this License Agreement.

11. Insurance. Downtown Streets, Inc., shall maintain, at its own cost an expense, the insurance specified in Attachment B.

12. Hazardous Substances. Downtown Streets, Inc., shall not use any portion of the Licensed Space for the storage or use of flammable or hazardous substances or underground storage tanks. Downtown Streets, Inc., shall be solely responsible for the cleanup and remediation of any spill or discharge or any hazardous substances including, but not limited to, gasoline, diesel and oil from such vehicles and equipment. As required by law, Downtown Streets, Inc. shall immediately notify the City in writing of any material release of hazardous substances and of any hazardous substances that have come to be located on or beneath the Licensed Space.

12. Removal of Personal Property; Restoration of Licensed Space. At the expiration or the earlier termination of this License Agreement, Downtown Streets, Inc., shall at its sole cost and expense remove all items of personal property and all improvements placed upon the Licensed Space and shall surrender the Licensed Space at termination of the License in as good order, state, and condition as the same shall be on the Commencement Date, except as related to ordinary wear and tear thereof and damage by fire, the elements, and acts of God.

13. Assignment and Subletting. Downtown Streets, Inc., shall not encumber, assign, or otherwise transfer this License, any right or interest in this License, or any right or interest in the Licensed Space or any improvements that may now or hereafter be constructed or installed on the Licensed Space to any other person or entity without first obtaining the express written consent of the City.

14. Termination. Either Party may terminate this License Agreement for any reason or no reason by giving written notice of termination to the other Party no less than three (3) days in advance of the intended date of such termination. Any property remaining on the site following this time shall be deemed to be abandoned and the City may take possession or dispose of said property as it deems appropriate. Under no circumstance shall Downtown Streets, Inc., be eligible for any reimbursement or refund of already performed services or paid License Fees.

15. Successors and Assigns. Except as otherwise provided for herein, the parties expressly agree that, subject to the terms of this License, all terms and conditions of this License shall extend to and be binding upon or inure to the benefit of the heirs, executors, administrators, personal representative, assigns and successors in interest of both the respective parties hereto.

City of Salinas/Downtown Streets, Inc. Page 4 of 8
License Agreement
August 2024

16. Non-Discrimination in Use and Availability. Downtown Streets, Inc., shall not discriminate on the basis of a person’s place of residence, their race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any participant in, recipient of, or applicant for any services or programs provided by at the Licensed Space. Downtown Streets, Inc., shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and non-discrimination in the provision of any services or programs offered at the Licensed Space.

17. Accident Reports. Downtown Streets, Inc., shall immediately report to the City in writing any accident causing or reasonably estimated to have caused more than one thousand dollars ($1,000) worth of property damage or any serious injury to person or to property that occurs on or in connection with the Licensed Space. This written report shall contain the names and addresses of the parties involved, a statement of the circumstances, the date and the hour, the names and the addresses of any witnesses, and any other pertinent information.

18. Notices.

City of Salinas
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
Downtown Streets, Inc.

Julie Gardner, CEO
1671 The Alameda, Suite 301
San Jose, CA 95126
[SIGNATURES APPEAR ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed as of the date first written above.

City of Salinas/Downtown Streets, Inc. Page 5 of 8
License Agreement
August 2024
CITY OF SALINAS DOWNTOWN STREETS, INC.
____________________________ ________________________________ Rene L. Mendez Julie Gardner
City Manager Chief Executive Officer
APPROVED AS TO FORM:
____________________________
Christopher A. Callihan
City Attorney
City of Salinas/Downtown Streets, Inc. Page 6 of 8
License Agreement
August 2024
Exhibit A
The Licensed Space is approximately 450 square feet, a portion of the property at 282 East Alisal Street, Monterey County Assessor’s Parcel Number (APN) 003-041-031-000 (the “Property”) A map showing the approximate boundaries of the Licensed Space is below – in the event of a conflict between the text and the map, the text shall control.

Use of the licensed space shall not to impede access to the existing waste bin for the collection of garbage.

City of Salinas/Downtown Streets, Inc. Page 7 of 8
License Agreement
August 2024
Exhibit B

INSURANCE REQUIREMENTS
BES shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the clearing of the Licensed Space and Subcontractor’s permitted use of the Licensed Space as provided in the License.

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

1. Commercial General Liability (CGL): Insurance Services Office 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 CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if BES has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit 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 Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Property insurance: against all risks of loss to any of BES’s personal property, improvements, or betterments at full replacement cost with no coinsurance penalty provision.

If BES maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by BES. 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: N/A Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy. Additional insured status can be provided in the form of an endorsement to BES’s insurance (at least as broad as both ISO forms CG 20 10 and CG 20 37).

Primary Coverage
For any claims related to this contract, BES’s insurance coverage shall be primary 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 BES’s insurance and shall not contribute with it.

City of Salinas/Downtown Streets, Inc. Page 8 of 8
License Agreement
August 2024
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City in accordance with the policy provisions.

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

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. 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. BES shall have the right to self-insure with respect to the insurance requirements required under this Agreement.

BES’s self-insurance program is in full force and effect and in compliance with and subject to all the terms, agreements, covenants, conditions, and provisions of this agreement.

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.

Verification of Coverage
BES shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language effecting coverage required by this clause. 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 BES’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies (except that information proprietary to BES may be redacted), including endorsements required by this Exhibit B during the term of the License.

Agreement for Services v. May 2024 Page 1 of 9
Hope Services
August 2024

AGREEMENT FOR SERVICES BETWEEN

THE CITY OF SALINAS AND HOPE SERVICES
for
Regular Cleanup of Alisal Commercial Corridors
THIS AGREEMENT is executed this 20th day of August 2024, (“Contract”) between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”) and Hope Services., a California non-profit 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, routine cleanup in the Alisal area, as described in Attachment B.

3. Term. The work under this Agreement shall commence August 20, 2024, and shall be completed by June 30, 2025, 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, a not to exceed amount of forty-nine thousand and one hundred and forty Dollars ($49,140.00), as more fully described in title of Contractors fee schedule, Attachment B. 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.

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

7. Indemnification. Contractor shall hold harmless, defend at its own expense, and indemnify City and its officers, officials, employees, agents, and volunteers from and against all liability, claims, damages, losses, and/or expenses including reasonable City attorney fees arising from all acts or omissions of Contractor or its officers, agents, or employees arising out of the performance of the work under this Contract, caused in whole or in part by any negligent act or Agreement for Services v. May 2024 Page 2 of 9
Hope Services
August 2024
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 active negligence, sole negligence or willful misconduct of the City.

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

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

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

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.

CONTRACTOR

HOPE SERVICES
___________________________________
Clayton Ng, CFO
Agreement for Services v. May 2024 Page 4 of 9
Hope Services
August 2024
Attachment A
Insurance Requirements
Contractor shall procure and maintain for the duration of the contract, and for three years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his/her/its officers, agents, representatives, employees, and/or subcontractors.

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

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.

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

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf Agreement for Services v. May 2024 Page 5 of 9
Hope Services
August 2024
of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

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.

Maintenance of Insurance
Maintenance of insurance by Contractor as specified shall in no way be interpreted as relieving Agreement for Services v. May 2024 Page 6 of 9
Hope Services
August 2024
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.

Agreement for Services v. May 2024 Page 7 of 9
Hope Services
August 2024
Attachment B
(Hope Services Contingent Staffing Service Agreement)
Agreement for Services v. May 2024 Page
8 of 9
Hope Services
August 2024
Agreement for Services v. May 2024 Page
9 of 9
Hope Services
August 2024

City of Salinas/Hope Services Page 1 of 8
License Agreement
August 2024

LICENSE AGREEMENT
A Portion of 655 Elvee Drive, Salinas, California
This License Agreement is made and entered into this 20th day of August 2024, by and between the City of Salinas, a California charter city and municipal corporation hereinafter called "the City," and Hope Services, a California non-profit corporation hereinafter called “Hope Services.” The City and Hope Services may collectively be referred to herein as “the Parties.”

RECITALS
WHEREAS, the City is the owner of that real property located at 655 Elvee Drive, in the city of Salinas, California, County of Monterey, (Assessor’s Parcel Number 003-012-018-000) (hereinafter the “Property”); and
WHEREAS, the City currently occupies the northwest portion of the property for purposes of a wastewater lift station; and
WHEREAS, the City is currently licensing a portion of the Property (approximately 1.7 acres in size), occupied by Granite Construction, as more particularly described in Exhibit A; and WHEREAS Hope Services is entering into a contract for services on August 20, 2024, pursuant to which Hope Services will perform regular cleanup in the Alisal commercial corridors as part of the Alisal Vibrancy Plan (Capital Improvement Project No. 9246); and WHEREAS, the City has identified space on the Property of which the City will make a portion (approximately 1,000 s.f.) available to Hope Services for the installation of a trash container for disposal of trash and debris collected as part of the regular cleanup of the Alisal commercial corridors; and NOW THEREFORE, this License Agreement is entered into upon the following terms and conditions:

TERMS

1. Grant of License. The City hereby grants to Hope Services an exclusive, temporary, and revocable License to use approximately 1,000 square feet of Licensed Space located at 655 Elvee Drive, as more particularly described in the attached “Exhibit A” (the “Licensed Space”) for the term set forth in section

3. 2. Purpose of License; Use of Licensed Space. The sole purpose of this License Agreement is to allow temporary installation of trash containers, storage and movement to and from the Licensed Space of collected trash and debris, in support of Hope Services regular cleanup in the Alisal commercial corridors under Capital Improvement Project No. 9246. Access to and use of the Licensed Space shall be put to no other use by Hope Services or any of its subcontractors, sublicensees, officers, employees, agents, or representatives or any of their officers, employees, agents, or representatives. Neither Hope Services nor any of its subcontractors, sublicensees, officers, employees, agents, or representatives nor any of their officers, employees, agents or representatives shall use the Licensed Space other than in a careful and proper manner and will adequately maintain the Licensed Space and all improvements thereon (if any) in the same physical condition as of the Commencement Date as defined below, making any and all replacements and repairs necessary during the term of this License to keep the Licensed Space in the same physical condition as of the Commencement Date; subject however, to normal wear and tear and as may be otherwise stipulated in this City of Salinas/Hope Services Page 2 of 8
License Agreement
August 2024
agreement. Hope Services covenants and agrees that it shall never at any time suffer, permit, or allow any nuisance to be maintained upon all or any part of the Licensed Space nor any mechanic's, materialmen's, or laborer's liens to attach to said property.

3. Term. The term of this License Agreement for the use of the Licensed Space shall commence on August 20, 2024 (the “Commencement Date”) and expire on June 30, 2025 (the Termination Date”). Hope Services shall have the option to extend this License Agreement by an additional one month, to July 31, 2025, by providing written notice to the City at three (3) days prior to the expiration date. This License Agreement may only be further extended upon the express written consent of the City.

Upon the expiration or the earlier termination of this License, Hope Services shall peaceably vacate the Licensed Space and any and all improvements located thereon and deliver the same to the City in at least as good a condition as it was delivered to Hope Services on the Commencement Date, reasonable wear and tear and casualty excepted.

4. License Fee. Hope Services may utilize the Licensed Space for a $1.00 fee beginning on the Commencement Date and continuing through the Termination Date. This Licensed Space is integral for the regular cleanup of the Alisal commercial corridors to provide a trash and debris disposal site within City of Salinas in support of Hope Services’ Alisal Commercial Corridor Cleanup Program services under Capital Improvement Project No. 9246.

5. Condition of Licensed Space. The Licensed Space is Licensed to Hope Services on an “As-Is” basis and the City has no obligation for maintenance, repair, improvement, or alteration of or to the properties either during the term of this License Agreement. Except as otherwise set forth in this License Agreement, Hope Services is not required to repair any pre-existing conditions on the Licensed Space. Notwithstanding the preceding, Hope Services’ inspection of the Licensed Space has been limited to a visual inspection of the surface conditions. Consequently, Hope Services’ acceptance of the Licensed Space is limited to the surface conditions and Hope Services is not responsible for sub-surface conditions of the Licensed Space. The City may access the Licensed Space for general maintenance, if deliberately unattended by Hope Services.

6. Structures. No structures shall be placed on or constructed upon the Licensed Space, except as otherwise authorized in advance and in writing by the City. As used in this paragraph, “structures” shall not be construed to mean the equipment (including incidental equipment) necessary to perform any of the authorized uses of the Licensed Space.

7. Laws and Ordinances. Hope Services shall comply with all statutes, ordinances, regulations, and requirements of all governmental entities, both federal and state and county or municipal relating to Hope Services’ use and occupancy of the Licensed Space whether those statutes, ordinances, regulations, and requirements are now in force or are subsequently enacted.

8. Assessments. This License may create a taxable possessory interest, together with any other taxes or assessments imposed against Hope Services, or the activities of Hope Services, shall be paid by Hope Services before they become delinquent.

9. Utilities. This License does not include the furnishing of gas, water, electricity, telephone service, and other public utilities to the Licensed Space during the term of this License. Republic Services will provide a landfill bin at the 655 Elvee Drive property as well as provide collection services, under the current franchise agreement between the City and Republic Services, exclusive to the waste collected as part of the regular cleanup of the Alisal commercial corridors.

City of Salinas/Hope Services Page 3 of 8
License Agreement
August 2024

10. Indemnification. Hope Services shall indemnify, defend, and hold the City and its officers, employees, agents, and representatives harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to any property, or violation of any relevant federal, state or municipal law or ordinance, or other cause in connection with the City’s grant of this License and Hope Services, and any of its sublicensees, officers, employees, agents or representatives’ use or occupancy of the Licensed Space pursuant to such License, except for any such claim arising from the acts, omissions, comparative negligence, or willful misconduct of the City, its officers, employees, agents or representatives. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages and shall survive the expiration or the earlier termination of this License Agreement.

11. Insurance. Hope Services shall maintain, at its own cost an expense, the insurance specified in Attachment B.

12. Hazardous Substances. Hope Services shall not use any portion of the Licensed Space for the storage or use of flammable or hazardous substances or underground storage tanks. Hope Services shall be solely responsible for the cleanup and remediation of any spill or discharge or any hazardous substances including, but not limited to, gasoline, diesel and oil from such vehicles and equipment. As required by law, Hope Services shall immediately notify the City in writing of any material release of hazardous substances and of any hazardous substances that have come to be located on or beneath the Licensed Space.

12. Removal of Personal Property; Restoration of Licensed Space. At the expiration or the earlier termination of this License Agreement, Hope Services shall at its sole cost and expense remove all items of personal property and all improvements placed upon the Licensed Space and shall surrender the Licensed Space at termination of the License in as good order, state, and condition as the same shall be on the Commencement Date, except as related to ordinary wear and tear thereof and damage by fire, the elements, and acts of God.

13. Assignment and Subletting. Hope Services shall not encumber, assign, or otherwise transfer this License, any right or interest in this License, or any right or interest in the Licensed Space or any improvements that may now or hereafter be constructed or installed on the Licensed Space to any other person or entity without first obtaining the express written consent of the City.

14. Termination. Either Party may terminate this License Agreement for any reason or no reason by giving written notice of termination to the other Party no less than three (3) days in advance of the intended date of such termination. Any property remaining on the site following this time shall be deemed to be abandoned and the City may take possession or dispose of said property as it deems appropriate. Under no circumstance shall Hope Services be eligible for any reimbursement or refund of already performed services or paid License Fees.

16. Non-Discrimination in Use and Availability. Hope Services shall not discriminate on the basis of a person’s place of residence, their race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any participant in, recipient of, City of Salinas/Hope Services Page 4 of 8
License Agreement
August 2024
or applicant for any services or programs provided by at the Licensed Space. Hope Services shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and non-discrimination in the provision of any services or programs offered at the Licensed Space.

17. Accident Reports. Hope Services shall immediately report to the City in writing any accident causing or reasonably estimated to have caused more than one thousand dollars ($1,000) worth of property damage or any serious injury to person or to property that occurs on or in connection with the Licensed Space. This written report shall contain the names and addresses of the parties involved, a statement of the circumstances, the date and the hour, the names and the addresses of any witnesses, and any other pertinent information.

18. Notices.

City of Salinas
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
Hope Services
Clayton Ng, CFO
30 Las Colinas Lane
San Jose, CA 95119
[SIGNATURES APPEAR ON FOLLOWING PAGE]
City of Salinas/Hope Services Page 5 of 8
License Agreement
August 2024
IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed as of the date first written above.

CITY OF SALINAS HOPE SERVICES
____________________________ ________________________________ Rene L. Mendez Clayton Ng
City Manager CFO
APPROVED AS TO FORM:
____________________________
Christopher A. Callihan
City Attorney
City of Salinas/Hope Services Page 6 of 8
License Agreement
August 2024
Exhibit A
The Licensed Space is approximately 1,000 square feet, a portion of the property at 655 Elvee Drive, Monterey County Assessor’s Parcel Number (APN) 003-012-018-000 (the “Property”) A map showing the approximate boundaries of the Licensed Space is below – in the event of a conflict between the text and the map, the text shall control.

City of Salinas/Hope Services Page 7 of 8
License Agreement
August 2024
Exhibit B

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

4. Property insurance: against all risks of loss to any of BES’s personal property, improvements, or betterments at full replacement cost with no coinsurance penalty provision.

City of Salinas/Hope Services Page 8 of 8
License Agreement
August 2024
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City in accordance with the policy provisions.

BES’s self-insurance program is in full force and effect and in compliance with and subject to all the terms, agreements, covenants, conditions, and provisions of this agreement.

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.

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-397, Version: 1
Airport Economic Impact Study for the Salinas Municipal Airport Approve a Resolution approving the Memorandum of Understanding for cooperative procurement for consideration of professional services to complete an Airport Economic Impact Study for the Salinas Municipal Airport; and authorize the City Manager to execute the Memorandum of Understanding.

City of Salinas Page 1 of 1 Printed on 8/16/2024
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Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: AUGUST 20, 2024
DEPARTMENT: PUBLIC WORKS, AIRPORT DIVISION
FROM: DAVID JACOBS, DIRECTOR
BY: MATT NELSON, AIRPORT MANAGER, C.M., ATP.

TITLE: AIRPORT ECONOMIC IMPACT STUDY FOR THE SALINAS

MUNICIPAL AIRORT
RECOMMENDED MOTION:

It is recommended that the City Council approve a resolution for the following:

1. Approving the Memorandum of Understanding for cooperative procurement for consideration of professional services to complete an Airport Economic Impact Study for the Salinas Municipal Airport; and

2. Authorize the City Manager to execute the Memorandum of Understanding.

EXECUTIVE SUMMARY:

The City Airports of Watsonville, Marina, Hollister and Salinas are looking to enter into a memorandum of understanding to issue a Request for Proposal (RFP) and possibly hire a consultant for an economic impact study similar to a study previously conducted in 2019.

DISCUSSION:

In 2019, an economic impact study was conducted in partnership with the Watsonville Municipal Airport. The objective of the study wasto: (1) Communicate the value and benefits of the airport to the community at-large, and local, state, and federal decision makers, (2) Provide City with evidence and narrative of the economic, social, and community benefits the airport contributed to the community to highlight the continued need for support and (3) Allow the Salinas Municipal Airport to make strategic planning and funding decisions and provide better support and infrastructure, development projects and provide better support and infrastructure development projects to spur economic development at the airport and throughout the City.

Currently, the Marina, Watsonville, Hollister, and Salinas Municipal Airports seek to enter a Page | 2
joint economic impact study similar to the study previously conducted in 2019. This Memorandum of Understanding (MOU) gives the framework for the cooperative effort to issue a Request for Proposal (RFP) to acquire the consultant services for the study amongst the Municipal Airports. The approach to acquiring the professional services for the study may be more cost-effective for the parties to cooperatively procure such professional services to achieve economies of scale and make the best use of airport funding and minimize costs.

The MOU provides: the City of Salinas/Municipal Airport shall award its own contract to the selected consultant if a contract award is determined to be in the City’s best interests. No party shall be required to award a contract under the cooperative procurement if the results are not economically advantageous. The City of Salinas/Municipal Airport may withdraw from this MOU, without cause, with 30 days written notice.

CEQA/NEPA CONSIDERATION:

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

STRATEGIC PLAN INITIATIVE:

This action supports the City Council’s Goals of Economic Development.

DEPARTMENTAL COORDINATION:

The process of administering these projects involve the following departments: Public Works, Finance, and Legal. Public Works Department oversees the development of the project’s plans, specifications, and estimates. The Finance Department administers the proper appropriation of funds. The Legal Department reviews pertinent documents/contracts to ensure the City is in compliance with applicable laws and regulations.

FISCAL AND SUSTAINABILITY IMPACT:

There are no direct fiscal impacts associated with entering this MOU.

ATTACHMENTS:

Resolution
Request for proposals
Memorandum of Understanding
- 1 -
RESOLUTION NO. __________________ (N.C.S.)

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

MEMORANDUM OF UNDERSTANDING FOR COOPPERATIVE PROCUREMENT

FOR PROFESSIONAL SERVICES TO COMPLETE AN AIRPORT ECONOMIC

IMPACT STUDY FOR THE SALINAS MUNICIPAL AIRORT
WHEREAS, the Marina, Watsonville, Hollister, and Salinas Municipal Airports seek to enter into a joint economic impact study similar to the study previously conducted in 2019; and WHEREAS, The Memorandum of Understanding (MOU) gives the framework for the cooperative effort to issue a Request for Proposal (RFP) to acquire the consultant services for the study; and
WHEREAS, The MOU provides: the City of Salinas/Municipal Airport shall award its own contract to the selected consultant, no party shall be required to award a contract under the cooperative procurement, and the City of Salinas/Municipal Airport may withdraw from the MOU, without cause, with 30 days written notice.

NOW THEREFORE, BE IT RESOLVED BY THE SALINAS CITY COUNCIL that the Memorandum of Understanding for Professional Services to Complete an Airport Economic Study for the Salinas Municipal Airport is hereby approved; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to enter into the MOU on behalf of the City of Salinas
PASSED AND APPROVED this 20th day of August 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
___________________________
Kimbley Craig, Mayor
- 2 -
ATTEST:
_____________________________
Patricia M. Barajas, City Clerk
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RFP- Airport Economic Impact Study
August 15, 2024

REQUEST FOR PROPOSALS

AIRPORT ECONOMIC IMPACT STUDY

FOR THE

HOLLISTER, MARINA, SALINAS, AND WATSONVILLE

MUNICIPAL AIRPORTS
City of Hollister, Hollister Municipal Airport
City of Marina, Marina Municipal Airport
City of Salinas, Salinas Municipal Airport
City of Watsonville, Watsonville Municipal Airport
2024
August 15, 2024
Mail to Address:

Watsonville Municipal Airport
100 Aviation Way
Watsonville, CA. 95076
ATTN: Rayvon Williams, Airport Director
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RFP- Airport Economic Impact Study
August 15, 2024

REQUEST FOR PROPOSALS

AIRPORT ECONOMIC IMPACT STUDY

FOR THE

HOLLISTER, MARINA, SALINAS, AND WATSONVILLE MUNICIPAL AIRPORTS The Hollister, Marina, Salinas and Watsonville Municipal Airports (Airport/Airports, City/Cities) are hereby requesting proposals from Consultants qualified to conduct a comprehensive analysis of the economic, social and community impact derived by the activities and operation of these airports. Consultants are invited to submit a proposal at their own risk outlining their experience and qualification in performing work directly related to the services required.

This Request for Proposals (RFP) will be available on the City of Hollister, Marina, Salinas and Watsonville Municipal Airport’s websites www.hollister.ca.gov, www.cityofmarina.org, www.ci.salinas.ca.us, and www.watsonvilleairport.com, on August 1, 2024. Other formats are available at the Hollister, Marina, Salinas, and Watsonville Municipal Airports Administration offices, if necessary. The RFP includes details on the scope, schedule, submittal requirements, and selection process.

Eight original proposals, as well as an electronic copy on a readable device must be submitted to:

Watsonville Municipal Airport
100 Aviation Way
Watsonville, CA. 95076
Said proposals shall be submitted by August 1,2024. Late proposals will be rejected unopened.

The envelope or box containing the proposals must be sealed and clearly marked “KCVH, KOAR, KSNS, KWVI Airport Economic Impact Study.”
Questions pertaining to this RFP should be directed to Rayvon Williams, Airport Director, at (831) 768-3575 or [email protected]
Jeff Crechriou Melissa Orduno
Airport Director Interim Airport Services Manager
Hollister Municipal Airport Marina Municipal Airport
Matt Nelson Rayvon Williams
Airport Manager Airport Director
Salinas Municipal Airport Watsonville Municipal Airport 3 | P a g e
RFP- Airport Economic Impact Study
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I. NOTICE OF REQUEST FOR PROPOSALS
A. Purpose
The purpose of this RFP is to solicit qualified consultants with a strong background in developing economic impact studies. The primary purpose of this Study is to identify, quantify, qualify, and communicate the local economic, social and community impacts derived from the activities and operation of the Hollister, Marina, Salinas, and Watsonville Municipal Airports. The resultant reports and deliverables will:
 Aid the respective Cities and Airport management in communicating the value and benefits of the airport to the community at-large, and local, state, and federal decision makers.  Provide communities with evidence and narrative of the economic, social and community benefits the airport contributes to the community to highlight the continued need for support.
 Allow the Cities of Salinas, Watsonville, Hollister, and Marina to make strategic planning and funding decisions and provide better support and infrastructure development projects to spur economic development at the airports and throughout the respective Cities.

The study/report would include individual sections that analyze the impacts of the various activities and initiatives of the Airports and their shared areas of economic impact in the Central Coast of California. Specifically, the direct, indirect, and induced economic impacts of the airport.

The results of the economic impact study will be used in a variety of ways to assess the individual and shared work of the respective Airports. The results of this study will serve as the foundation for communication with the public, media, and elected officials to provide understanding of the role of the Airports in our regional and local economy. Additionally, this information will inform airport decision making, grant requests, outreach, and public communications, etc.

It is imperative that the methodology used in this study is transparent, sound, and consistent with industry best practices. The methodology in this study must reconcile the methodology employed by other economic impact studies conducted by local and regional agencies (if any) to avoid double stating or inaccurately quantifying economic benefit of the respective Airports. 4 | P a g e
RFP- Airport Economic Impact Study
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B. General Information
Proposed Timeline
August 15, 2024 - Advertisement and Release of Proposal August 29, 2024 - Interviews (if necessary)
October 1, 2024 - Deadline for Submission of Proposals
October 15, 2024 - Consultant Selected
November 1, 2024- Commencement of Services
June 2025- Targeted Completion Date for the Study
Note: The respective Airports reserve the right to modify this schedule at the respective Airport’s discretion. Proper notification of changes will be made to all interested parties.

Projected Budget
The projected budget for this study is approximately $150,000.00 (combined).

Requirements
The ideal consultant shall have substantial experience consisting of at least five years providing the requested services identified herein.

The City of Salinas has established an overall triennial DBE goal of 13.7%. The Watsonville Municipal Airport has established an overall DBE goal of 4.42% on an annual basis. The City of Hollister and the City of Marina hereby notifies all submitters that it will affirmatively ensure that minority business enterprises will be afforded full opportunity to submit responsesto this invitation, and that no proposer shall be discriminated against on the grounds of age, race, color, gender, sexual orientation, religion, creed, national origin, marital status, political affiliation, or disability. The Proposer shall make good faith efforts to subcontract the respective Cities DBE % goal, if stated, of the dollar value of the prime contract to certified DBE Consultants.

II. SCOPE OF SERVICES
The following scope of work will be carried out on an individual airport basis. The primary point of contact for Hollister Municipal Airport will be Jeff Crechriou. The primary point of contact for the Marina Municipal Airport will be Melissa Orduno. The primary point of contact for Salinas Municipal Airport will be Matthew Nelson. The primary point of contact for Watsonville Municipal Airport will be Rayvon Williams.
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Following the selection of a qualified consultant(s), all reports, studies, and deliverables shall be clearly separate and distinct and coordinated through the primary point of contact.

Task 1: Project Kickoff Meeting
The Consultant will assemble its team and prepare for and hold a project kickoff meeting at the inception of the project. This meeting will include an overview of the overall project goals, the tasks, deliverables, project schedule and major milestones, and how communication with the airport and other stakeholders will be conducted. This meeting will be used to plan the initial data collection activities and discuss the surveys and field visits. The Consultant will prepare the meeting materials, including a project kickoff meeting agenda. Following the meeting, the Consultant will prepare a written summary of decisions made at the meeting, questions that still must be resolved and action items to resolve those questions.

Task 2: Conduct Surveys and Collect Data for Direct Impacts Accurate data collection is the cornerstone of any defendable economic impact analysis. One of the greatest challenges faced by the Cities and Airports will be explaining, justifying, and defending the data presented. The Consultant will develop a standard FAQ document to address this challenge. Questions, and sometimes skepticism, often arise from inquisitive local government representatives, airport tenants/users and community members. A comprehensive explanation of methodologies used, in “layperson’s” terms, will be very beneficial and useful to the Cities and their constituents. The Consultant shall determine the existing direct economic impact for the Hollister, Marina, Salinas and Watsonville Municipal Airports. The analysis will address the value of economic activities carried out by aircraft, airport management and administration, air cargo, airport and facilities construction, capital improvements, fixed-base operators, specialized aviation service operators, based and transient military aviation activities and other parties that offer a direct involvement with the airport. In addition, the Consultant shall provide an analysis of the tax revenues (see Task 2.1 below) for the respective airports and their associated activities provided to local, regional, state, and federal governments. Once the data collection is concluded, all information will be analyzed and processed to present direct impacts.

Task 2.1 Tax Impacts Aviation Activities are Important Contributors to the Tax Base.

The Consultant shall provide an analysis of the tax revenues for each airport and its associated activities provide to local, regional, state, and federal governments. Below are known sources of Aviation related taxes:
 Income tax paid by those whose jobs are supported by the airport and visitor spending  Taxes contributed by airport businesses as available from Consultant’s data collection  Sales tax paid by those whose jobs are supported by airport and visitor spending  Sales tax paid by visitors (lodging/retail/rental cars/other) 6 | P a g e
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 Possessory Income Taxes from hangar, facility, and land leases  Vessel taxes by aircraft owners
 The potential taxes that could be associated with aviation fuel sales, aircraft maintenance, and new aircraft sales. Only direct/indirect tax revenue impacts will be estimated in this task.

Task 2.2: Estimate the Total Value of Aircraft Based at the Airports Task 3: Conduct Surveys and Collect Data for Indirect Impacts.

The Consultant shall determine existing indirect economic impact for the respective airports.

Indirect impacts stem from purchases made off-airport by commercial and general aviation visitors. The Consultant will analyze economic activities that are attributable to the respective airports, in whole or in part, including but not limited to hotels/motels, freight forwarders, travel agents, restaurants, recreation, entertainment venues, and other retail establishments.

Task 4: Estimate Induced Impacts
The Consultant shall estimate induced economic impacts for the respective Airports. As direct and indirect expenditures are released into the economy, they circulate into other sectors, creating additional impacts, which in turn support additional jobs, payroll, and output. Measuring multiplier impacts helps represent the full effect of each aviation-related dollar. The economic impact of each airport or aviation activity on its local market area, as well as its total impact on the local economy will be estimated. The Consultant must use a transparent, sound, and consistent methodology that leverages industry best practices for the data in Tasks 2, 3, and 4.

The methodology in this study must reconcile the methodology employed by other economic impact studies conducted by local and regional agencies (if any) to avoid double stating or inaccurately quantifying economic benefit of the respective Airports.

Task 5: Determine Total Annual Economic Impacts
The Consultant will calculate the total economic impact as the sum of the direct, indirect, and induced benefits. Findings from the model will support the presentation of total economic impacts.

The output of the model will be expressed in terms of economic activity, earnings (payroll), and jobs.

Task 6: Economic Impact of nearby real estate
Measure the economic impact (positive, neutral, or adverse) on nearby real estate (residential, commercial, industrial, etc.).
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Task 7: Assess Additional (Unique) Impacts
There are aviation and non-aviation activities beyond the respective airports infrastructure that affect the economy and community. The consultant will analyze industries and activities at the airports that provide both economic, community and social qualitative benefits. While it is essential for the Cities’ stakeholders to understand the numbers justifying the investment in the respective airports, the economic impact does not wholly represent the only positive impact the airports provide to the community. There are many other vital roles and aspects the respective airports contribute to the local community.

While it is important to quantify and qualify the millions of dollars of economic impact the respective airports provide to the local community, it is just as important to highlight the greater role the airports contribute to the local community and develop a narrative that better connects the community to airports.

This task will be discussed more in depth during the kick-off meeting, but this could include stories from those who have benefited from the Air ambulance services, a child’s story from their first ride in an aircraft that led to a career in aviation, someone who attended the annual airshow, etc.

The Cities expect the Consultant to study and reconcile those activities that are best to compile and deliver as examples that best highlight and connect the airport to the local community.

Examples may include but are not limited to:
 Air ambulance
 Support of Commercial Agricultural Operations and Aerial Application  Air Cargo
 California International Air Show
 Airport Open House
 Military Operations
 CAL FIRE Operations
 Disaster Relief Operations (American Red Cross, United Way, etc.)  Volunteer Pilot Disaster Support Operations (Such as Watsonville’s W.E.A.C.T.)  Unmanned Aircraft
 eVTOL R&D and Manufacturing
 Workforce Development
 Non-traditional Fuels Including Hydrogen
 Micro Grid Development and Support
 Drone Testing and Development
 Remote Driving R&D
 UCMBEST Collaboration and Business Park Development at Marina  DART (Drone Automation and Robotics Technology)
 ADS-B (Automatic Dependent Surveillance Broadcast) Urban Air Mobility and eVTOL Deescalation  CIRPAS (Center for Interdisciplinary Remotely Piloted Aircraft Studies) 8 | P a g e
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 Skydiving
 Experimental Aircraft Association Young Eagle’s program  Bob Hoover Academy
 Use of Airport for compatible Non-Aeronautical Events  STEM Programs
 Angel Flights
 Restaurant Operations
 Flight Training
 Airport Business Owner
 Hub for Historical Aircraft Restoration
 Role in National Airspace System
Task 8: Assess Benefits to Non-Aviation Businesses
Non-aviation businesses typically located off-airport depend upon airports to ship final goods, receive manufacturing imports, receive critical spare parts, and to transport their personnel. A multi-countywide survey of non-aviation businesses will be developed and distributed to as many as 100-plus multi-county businesses to assess this important impact. This impact is presented as a separate value independent of the on-airport impacts.

Task 9: Develop and Provide an Airport Overlay to City of Hollister, Marina, Salinas and Watsonville GIS
All data collected will be produced and delivered in a format as required by the Cities of Hollister, Marina, Salinas and Watsonville for ready acceptance into the respective City’s GIS system through importing or data loading. Coordination with each City’s GIS Administrator will be required at the start of the project to determine what format (ESRI, Autodesk, MicroStation.) is preferred. The specific scope will be developed at the kick-off meeting. At a minimum, this will include a point feature of the class of the airport, with its name, three letter identifier, latitude of the airport reference point, longitude of the airport reference point, and a primary key. Additional geospatial data requirements will be determined at the time of kick-off meeting Tabular data developed through the study process should be formatted to include the point feature class primary key to link the data to the airport it belongs to. This can be one or many tables, but the airport primary key must be included in each table. The tabular data will be delivered in a format easily interpreted by the respective City’s GIS staff. Specifics regarding tabular file formats should be directed to the respective Cities of Hollister, Marina, Salinas and Watsonville GIS Administrators, prior to the start of the study.

Task 10: Develop an Airport Economic Impact Communications Toolkit To assist the Department, Division, airports, and airport sponsors with communicating the results of this Study, the Consultant will develop an Airport Economic Impact Communication Toolkit to include the following:
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 Presentation – A Microsoft PowerPoint presentation that provides an easily customizable template for use in communicating airport economic, social and community impacts.  Technical Report and Executive Summary Report, submitted in a printable electronic format.
 Primer/Brochure – A brief primer, submitted in printable electronic format, describing the full technical Study, the results, how the airport contributes to the local economy, how the Study can be used, and where to download the full Study and other related deliverables.  FAQ Document – Developed under Task Two above and submitted in a printable electronic format.

Task 11: Documentation and Coordination
 Develop working papers and technical reports that include:
o Direct, indirect, and induced impacts as they relate to economic activity, earnings, and jobs for aviation.
o Graphic and written descriptions of the airport’s economic value to the local economy. o Data sheets that include the number of based aircraft, the number of aircraft operations, and the number of enplanements for commercial.
o Narrative sheets that detail the study approach, methodologies used, data gathering processes, and overall survey methods.
o Supporting illustrations, including charts, graphs, tables, and maps to support the study findings and narrative text.
 Capture and tell the stories about economic, social and community benefits (qualitative data).  Produce, deliver, and provide formal presentations regarding study findings to various groups throughout the study period. This includes attending and speaking at the City of Hollister Airport Advisory Commission meeting, the City of Hollister City Council meeting, the City of Marina Council meeting, City of Salinas Airport Commission meeting, City of Salinas City Council meeting, Watsonville Airport Advisory Commission meeting and the City of Watsonville City Council meeting,
 Produce Final Technical Report of the study results.
 Produce an Executive Summary Report that includes the following:
o A public relations-oriented narrative that describes the direct, indirect, and induced impacts as they relate to economic activity, earnings, and jobs in the local area. 10 | P a g e
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o Analysis of public funds and tax revenue contributions in terms of the economic impacts to the local economy.
o Project meetings including advisory committee, regional, FAA and State as required.

The consultant or the Airport may propose additional tasks as deemed necessary to complete the assignment. Any additional work shall be compensated as agreed upon in the consultant’s contract with the Airport.

III. SUBMISSION REQUIREMENTS
Submit eight (8) original proposals, as well as an electronic copy on a readable device of your response to the RFP. The response to this RFP (the Proposal) shall be one effort, one Proposal for the Hollister, Marina, Salinas and Watsonville Airports. Proposals and acknowledgement of any addendums must be signed and submitted with the proposal. Proposals must be submitted in a sealed envelope and designated with the proposal title. The name and address of the proposer should appear on the outside of the envelope.

ATTN: Rayvon Williams, Airport Director
Watsonville Municipal Airport
100 Aviation Way
Watsonville, CA. 95076
All questions regarding this project proposal shall be submitted to:

Rayvon Williams, Airport Director, at (831) 768-3575 or [email protected] If necessary, interpretations or clarifications in response to such questions will be made by issuance of any “Addendum” within a reasonable time prior to proposal closing. The Cities may, at their discretion, extend the closing date.

It is the Proposer’s responsibility to ensure that proposals are received prior to the stated closing time.

The respective Airports shall not be responsible for the proper identification and handling of any proposals submitted incorrectly. Late proposals, late modification or late withdrawals may not be considered accepted after the stated bid opening date and time and may be returned unopened.

Facsimile and electronic (email) proposals shall not be accepted.

The submission and signing of a proposal shall indicate the intention of the consultant to adhere to the provisions described in this RFP.

A Signature Page must be submitted with the Proposal. The submission and signing of a proposal shall indicate the intention of the Consultant to adhere to the provisions described in the RFP. 11 | P a g e
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Only questions answered by formal written addenda will be binding. Oral and other interpretations of clarifications will be without legal effect.

If it is necessary to submit trade secrets or other confidential information in order to comply with terms and conditions of the RFP, submit the trade secret or other confidential information in a separate, sealed envelope marked “Trade Secret and or Confidential Information – Do not disclose except for the purpose of evaluating this proposal.”
IV. PROPOSAL CONTENT AND FORMAT
A. Format
To provide a degree of consistency in review of the written proposals, Consultants are requested to prepare their proposal in the standard format specified below.

1. Title Page - Proposer should identify the RFP subject, name and title of contact person, address, telephone number, fax number, email address and date of submission.

2. Transmittal Letter - The transmittal letter should be no more than two (2) pages long and should include as a minimum the following:
i. A brief statement of the Proposer’s understanding of the project and services to be performed.
ii. A positive commitment to perform the services within the time period specified, starting and completing the project within the deadlines stated in the RFP, the names of persons authorized to represent the Consultant, their title, address and telephone number (if different from the individual who signs the transmittal letter).

3. Table of Contents - The table of contents should include a clear and complete identification by section and page number of the materials submitted.

4. Experience - Provide a description of the Consultant’s experience in performing similar studies that address the key elements of the proposed scope of work. Proposer must have five+ years’ experience in aviation consulting.

5. References - Provide a list of up to five references that may be contacted about the Consultant’s qualifications and the experience. Include the contact’s name(s), address, and telephone number for each reference.

6. Cost Proposal - Sealed fee proposal shall include the total hours and dollar amounts, including out of pocket costs for the total project.
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B. Proposer Qualifications
Interested Consultants should submit statement of qualifications including the following:

1. Background of the Consultant. This should include a brief history of the Consultant and types of services the Consultant is qualified to perform.

2. Qualifications of the Consultant in performing this type of work. This should include examples of related experience and references for similar studies and projects.

3. Project team and their individual qualifications. Identify individuals and sub consultants who will complete this work, their experience, and their individual qualifications. Pertinent resumes of assigned personnel should be included.

4. Description of project approach, proposed work elements, deliverables for all phases.

5. Consultant shall also provide a fee estimate by work task.

C. Approach to the Project

1. Submit a work plan to accomplish the scope of work defined in the section entitled “Scope of Services” in this RFP. The work plan should include time estimates (in hours) for each significant segment of the project and the staff level to be assigned.

Where possible, individual staff members should be named, and their titles provided.

The planned use of specialists (if any) should be described.

2. Indicate the extent to which airport personnel would be expected to contribute to the project work effort.

D. Time Requirements
Demonstrate a practical approach to meeting the respective Airport’s specific deadlines by providing detailed information as to how the Consultant proposes to meet the targeted completion date.

E. Disputes
Should any doubt or difference of opinion arise between the respective Airports and the Proposer as to the items to be furnished hereunder or the interpretation of the provisions of this RFP, the decision of the respective Airports shall be final and binding upon all parties.

F. Signature Page
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V. PROPOSAL EVALUATION PROCEDURES
Selection and Evaluation Process: A Steering Committee assembled by the respective Airports will review the submitted proposals. Committee members will evaluate proposals to determine which Consultant best meets the needs of the respective Airports. The proposals will be evaluated on both their technical and fee aspects. Typically, proposals are evaluated in accordance with the following factors. The City reserves the right to modify, alter or adjust the review and evaluation process.

1. Weighting Factor
a. Pertinent experience and past performance of consultant: 30% b. Articulated understanding of the project and project approach: 30% c. Quality of experience of the key personnel: 25%
d. Overall quality of the proposal/references: 15%
e. Total: 100%
Each of the scoring areas has a possible minimum to maximum score of one (1) to four (4) points.

2. Interview: At the respective Airport’s option, the top two or three Consultants may be required to make a presentation of their proposal. This will provide an opportunity to clarify or elaborate on the proposal, but will not, in any way, provide an opportunity to change any fee amount originally proposed. The respective Airport’s Administration Office will schedule the time and location of these presentations (if necessary) and notify the selected Consultants.

3. Investigation of References: The respective airports reserve the right to investigate references and the past performance of any proposer with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of a project on schedule and its lawful payment of employees and workers.

4. Clarification of Proposals: The respective airports reserve the right to obtain clarification of any point in a consultant’s proposal or to obtain additional information necessary to properly evaluate a particular proposal. Failure of a Proposer to respond to such a request for additional information or clarification could result in rejection of the Consultant’s proposal.

5. Reservation in Evaluation: The Steering Committee reserves the right to either:
a. Select a consultant directly from the written proposals to best meet the overall needs of the city; or
b. Request “Best and Final Offers” from the two finalist consultants and select based on the lowest price.
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6. Intent of Award: Upon review of the proposals submitted, the respective Airports will negotiate a Professional Services Agreement with a Consultant(s).

7. Proposal Rejection: The respective Airports reserves the right:
a. To reject any or all proposals not in compliance with all public procedures and requirements.
b. To reject any proposal not meeting the specifications set forth herein. c. To waive any or all irregularities in proposals submitted. d. To reject all proposals.
e. To award any or all parts of any proposal.
f. To request references and other data to determine responsiveness.

VI. TERMS AND CONDITIONS
Amendments to RFP. The respective Cities reserve the right to amend the RFP or issue a Notice of Amendment to answer questions for clarification. If issued, respondents shall indicate review of the Notice of Amendment.

Binding Offer. The response and offer made by the respondent shall remain valid for a period of 180 days following the submittal deadline and will be considered a binding offer to perform the required services, assuming all terms are satisfactorily negotiated. The submission shall be deemed as proof that the respondent agrees to the terms and conditions of this RFP and Agreement.

Respective Cities Reserves the Right. The Cities reserves the right to select consultants from the responses received; to waive any or all informalities and/or irregularities; to re-advertise with either an identical or revised scope, or to cancel any requirement in its entirety; or to reject any or all proposals received. The Cities also reserve the right to approve any subcontractors used by submitting Consultants.

City Contracts. It is expected that within thirty (30) calendar days of being notified, the successful respondent shall enter into an Agreement for Professional Services with the Cities Sample contracts for the respective Cities may be available upon request. The successful responded respondent will enter into separate agreements with the respective cities. Upon Notification to Proceed, the successful respondent shall initiate the scope of services in accordance with the executed Agreement for Professional Services.

Collusion. Submittals may be rejected if there is reason for believing that collusion exists among respondents, and no participant in such collusion will be considered in any future submittals for the operation of any concession for the next six (6) months following the date of the Consultants’ Submittal.
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Costs Incurred. The Cities will not be liable for, nor pay for any costs incurred by responding Consultants relating to the preparation of any proposal for this RFP. The RFP does not commit the Airport to paying any costs incurred by Proposer in the submission or presentation of a proposal, or in making the necessary studies for the preparation thereof.

Discrimination. The Consultant agrees that, in performing the work called for by this proposal, Consultant shall comply with all Federal, State, and local civil rights and rehabilitation laws prohibiting discrimination because of race, sex, national origin, religion, age or disability.

Error or Omission. Due care and diligence have been exercised in the preparation of this RFP and all information contained herein is believed to be substantially correct. However, the responsibility for determining the full extent of the services rests solely with those making responses. Neither the Cities nor its representatives shall be responsible for any error or omission in this response, nor for the failure on the part of the respondents to determine the full extent of their exposures.

Governance. If any of the language or information in this Submittal conflicts with language in the Agreement as prepared by the Cities of Salinas, Watsonville, Hollister and Marina, the language of the final Agreement, as executed, will govern.

No Commitment to Award. Issuance of this RFP and receipt of submittal does not commit the Cities to award a contract. The Cities expressly reserves the right to postpone the award of contract for its own convenience, to accept or reject any or all submittals received in response to this RFP, to negotiate with more than one respondent concurrently, or to cancel all or part of this RFP.

Property of Cities. All responses shall become the property of the respective Cities.

Public Records. All proposal material submitted by proposer shall become the property of the respective Airports and a public record, subject to public disclosure as provided under California’s Public Records Law. During the evaluation and selection process, the respective Airports shall treat proposal materials as exempt from public inspection. After the selection process is completed and notice of intent to award a contract has been issued, Airport shall treat proposal materials as open to public inspection, unless exempt from public inspection by provision of applicable state or federal law.

Requests for Interpretation or Clarification. If any prospective consultant finds discrepancies or omissions or there is doubt as to the true meaning of any part of the RFP, a written request for a clarification or interpretation must be submitted in writing, addressed to the Airport Manager at the address listed on the cover of this RFP. E-mail requests for interpretations will also be accepted for this project at [email protected]. It is the responsibility of the consultant to verify the respective Cities have received the written or e-mail request. To be given consideration, such requests must be received at least fifteen (15) business days prior to the due date set for the submission of submittals. All such interpretations and any supplemental instructions will be in the form of a written addendum which, if issued, will be posted on the respective Cities and /or Airport websites no less than 10 calendar days prior to the date fixed for the deadline for Submittals. Failure of any Consultant to receive any such addendum or 16 | P a g e
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interpretation shall not relieve said Consultant from any obligation contained therein. Any objection to the specifications and requirements as set forth in this RFP must be filed in writing with the Cities of Salinas, Watsonville, Hollister, and Marina not less than fifteen (15) business days prior to the Submittal deadline.

RFP Compliance. It is the responsibility of each consultant to carefully examine this RFP and to judge for itself all of the circumstances and conditions which may affect its submittal and subsequent performance, operation and management pursuant to the Agreement. Any data furnished by the respective Cities is for informational purposes only and is not warranted.

Consultant’s use of any such information shall be at Consultant’s own risk. Failure on the part of any Consultant to examine, inspect, and to be completely knowledgeable of the terms and conditions of the Agreement, operational conditions, or any other relevant documents or information shall not relieve the selected Consultant from fully complying with this RFP.

Submittals submitted early by consultants may be withdrawn or modified prior to the Submittal deadline. Such requests must be in writing. Modifications received after the Submittal deadline will not be considered.

Warranty. The Consultant warrants that the Submittal is not made in the interest of or on behalf of any undisclosed party; that the Consultant has not, directly or indirectly, induced any other Consultant to submit a false Submittal; or that Consultant has not paid or agreed to pay to any party, either directly or indirectly, any money or other valuable consideration for assistance or aid rendered or to be rendered in attempting to procure the contract for the privileges granted herein. 17 | P a g e
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ATTACHMENT A – COST PROPOSAL
Task Description CVH
Hours
CVH
Price
OAR
Hours
OAR
Price
SNS
Hours
SNS
Price
WVI
Hours
WVI
Price
1 Kick Off Meeting $ $ $ $
2 Direct Impacts $ $ $ $

2.1 Tax Impacts $ $ $ $

2.2 Aircraft Value $ $ $ $
3 Indirect Impacts $ $ $ $
4 Induced Impact $ $ $ $
5 Economic Impact $ $ $ $
6 Real-Estate $ $ $ $
7 Additional
Impacts $ $ $ $
8 Non-Aviation
Businesses $ $ $ $
9 GIS Overlay $ $ $ $
10 Tool Kit $ $ $ $
11 Documentation
and Coordination $ $ $ $
TOTAL $ $ $ $
TOTAL
COMBINED Hours $
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ATTACHMENT B – REQUEST FOR PROPOSAL SIGNATURE PAGE
IMPORTANT: Proposals MUST be accompanied by this Signature Page The Respondent does hereby attest they have reviewed the “Request for Proposals, Airport Economic Impact Study, for the Hollister, Marina, Salinas and Watsonville Municipal Airports”, fully understand the contents herein, and affirm that all Respondent responses entered, either through written or electronic medium, are accurate and true to the best of their knowledge.

Full Legal Name of Respondent/Company:

Printed Name:

Title: Date:

Authorized Signature:

Address:

Street/City/State/Zip Code
Telephone:

Email:

All Respondents shall provide written documentation of authority binding the Respondent to the Proposal which becomes part of the contract and shall provide documentation that they are in good standing and authorized to conduct business in the State of California, and Cities of Salinas, Watsonville, Hollister and Marina.
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CONFIRMATIONS
Check the Following:

Respondent has an existing or can obtain a Business License in the respective Cities.

Respondent’s complete proposal remains a firm offer for 180 days.

Respondent is willing to enter separate Professional Service contracts with the City of Hollister, Marrina, Salinas, and Watsonville containing the terms and conditions or substantially similar terms and conditions to the draft contracts and the requirements of the solicitation without exceptions, deletion, qualification or contingency.

MEMORANDUM OF UNDERSTANDING
by and among

CITY OF HOLLISTER,

CITY OF MARINA,

CITY OF SALINAS,
and

CITY OF WATSONVILLE
for

COOPERATIVE PROCUREMENT
This Memorandum of Understanding (“MOU”) is effective as of this____ day of _________, 2024, by and among the City of Hollister, a general law city (“Hollister”), the City of Marina, a charter city (“Marina”), the City of Salinas, a charter city (“Salinas”), and the City of Watsonville, a charter city (“Watsonville”). Hollister, Marina, Salinas, and Watsonville are referred to herein, individually, as a “Party” and, collectively, as the “Parties.” RECITALS:

WHEREAS, each of the Parties own and operate a municipal airport; and WHEREAS, each Party has determined that it needs to retain a consultant to perform an airport economic benefit analysis; and
WHEREAS, for the procurement of professional services to perform municipal airport economic benefit analyses, it may be more cost-effective for the Parties to cooperatively procure such professional services in order to achieve economies of scale, make the best use of airport funding, and minimize costs; and
WHEREAS, pursuant to Government Code Section 6502, the Parties are statutorily authorized to jointly exercise any power common to the Parties; and WHEREAS, Hollister is authorized to procure professional services pursuant to Chapter

3.06 of the Hollister Municipal Code, Marina is authorized to procure professional services pursuant to Chapter 3.16 of the Marina Municipal Code; Salinas is authorized to procure professional services pursuant to Chapter 12 of the Salinas Municipal Code, and Watsonville is authorized to procure professional services pursuant to Chapter 5 of Title 3 of the Watsonville Municipal Code; and
WHEREAS, the Parties desire to establish a mutual understanding to provide for Watsonville acting as lead airport (“Lead Airport”), and Hollister, Marina, and Salinas, each acting as participating Airports (“Participating Airports”), to procure professional services to perform municipal airport economic benefit analyses for each of the Parties; NOW, THEREFORE, the Parties in consideration of the mutual covenants hereinafter set forth and intending to be legally bound hereby agree as follows:

1. Complete Agreement. This MOU, including any exhibits and documents incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the terms and conditions of the MOU among the Parties concerning the cooperative procurement professional services to perform municipal airport economic benefit analyses. The abovereferenced Recitals are true and correct and are incorporated by reference herein.

2. Lead Airport Responsibilities. Watsonville agrees to the following responsibilities for the cooperative procurement:
a. Watsonville shall serve as Lead Airport on the cooperative procurement of professional services to perform municipal airport economic benefit analyses for each of the Parties (the “Procurement”). Procurement services (“Services”) may include, but are not limited to, working with the Parties to prepare and issue Request for Proposal (“RFP”) documents, develop scopes of work, develop evaluation criteria, and prepare addenda, if any, communicate with respondents to the RFP, and coordinate the proposal evaluation and selection processes.
b. Watsonville shall work with the Parties to schedule such joint procurements in a timely manner, consistent with the availability and workload of Participating Airports’ staff. c. Watsonville shall ensure that the Procurement complies with and is consistent with all federal, state and local regulations, circulars and guidelines. d. Watsonville is acting as an independent contractor under this MOU and shall pay all wages, salaries, and other amounts due to its own personnel in connection with any and all Services provided under this MOU, as well as that which may be required by law. Watsonville shall be responsible for all reports and obligations respecting their own personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance, benefits and workers compensation insurance. Watsonville shall have exclusive control over its employees and the Parties shall not have any authority to direct or control employees of Watsonville. Watsonville’s employees or agents shall not be deemed the employees or agents of any of the other Parties for any purpose. e. Watsonville agrees to indemnify, defend and hold harmless the Parties, its member Airports, officers, directors, employees, and agents from and against any and all claims, liabilities, and actions whether legal, equitable or administrative, and costs and expenses (including attorney's fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, damage to or loss of use of property caused by the negligent acts, omissions, or willful misconduct by Watsonville, its officers, directors, employees, or agents in connection with or arising out of the performance of services under this MOU. This obligation shall not apply to negligent acts, omissions or willful misconduct of any of the Parties, their respective officers, directors, employees, or agents.

3. All Parties’ Responsibilities. The Parties agree to the following responsibilities in connection with the Procurement:
a. The Parties shall each actively participate in the Procurement. Each Party shall provide input on the Procurement scope of work, evaluation criteria, selection of consultant, data requirements, and other background information required to provide the respondents to the RFP with sufficient information to prepare and submit viable proposals.

Each Party shall also participate in the proposal evaluation and selection process, and shall award its own procurement contract to the selected consultant, subject to its respective contract approval process.
b. The Parties shall work with Watsonville to schedule such the Procurement in a timely manner, consistent with the availability and workload of each Parties’ staffs. c. The Parties shall review the Procurement documents and process to ensure they comply with and are consistent with all federal, state and local regulations, circulars and guidelines.
d. Each Party is acting as an independent contractor under this MOU and shall pay all wages, salaries, and other amounts due to its own personnel in connection with any and all services provided under this MOU, as well as that which may be required by law.

Each Party shall be responsible for all reports and obligations respecting its own personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance, benefits and workers compensation insurance. Each Party shall have exclusive control over its employees and no Party shall have any authority to direct or control employees of any other Party. No Party’s employees or agents shall be deemed to be another Party’s employees or agents for any purpose. e. Each Party agrees to indemnify, defend and hold harmless the other Parties, their respective officers, directors, employees, and agents from and against any and all claims, liabilities, and actions whether legal, equitable or administrative, and costs and expenses (including attorney's fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, damage to or loss of use of property caused by the negligent acts, omissions, or willful misconduct by the indemnifying Party, its officers, directors, employees, or agents in connection with or arising out of the performance of this MOU.
f. The Parties shall form an advisory committee, known as the “Steering Committee,” consisting of one representative from each Party. Each Party may assign one alternate for situations where its primary member is unavailable. The Parties may identify their primary and alternate representatives as part of this MOU. The Steering Committee will evaluate proposals to determine which Consultant best meets the needs of the respective Parties. The Steering Committee shall review and evaluate the submitted proposals pursuant to the terms of the RFP. To the extent the Parties modify, alter, or adjust the review and evaluation process, the Steering Committee shall abide by the updated review and evaluation process. The Steering Committee shall have the right to either: (a) select a consultant directly from the written proposals to best meet the overall needs of each Party or (b) request “Best and Final Offers” from the two finalist consultants and select based on the lowest price. The recommendation shall be based on unanimous vote of the whole Steering Committee. Each Party may only have one vote. The Steering Committee shall have no decision-making authority on behalf of each respective City. The respective City’s Committee member or alternate shall propose the selected Consultant to its respective Governing Body, City Manager, or delegate, pursuant to its respective purchasing ordinance.

4. Parties’ Mutual Obligations. The Parties understand and agree to the following mutual responsibilities regarding the Procurement:
a. The Request for Proposals document developed for the Procurement shall include language requiring each Party to award its own contract to the selected consultant, if a contract award is determined by a Party to be in its best interest. d. No Party shall be required to award a contract under the cooperative procurement if the Procurement results are not economically advantageous to that Party. e. Each Party shall be solely responsible for the cost of the services for which it contracts with the selected consultant.
f. This MOU shall commence upon full execution by the Parties, and shall continue in full force unless terminated as provided in this MOU. g. This MOU may be amended in writing at any time by the mutual consent of the Parties. No amendment shall have any force or effect unless executed in writing by the Parties.
h. A Party may withdraw from this MOU, without cause, by delivering written notice of withdrawal to the other Parties not less than thirty (30) calendar days before the date of withdrawal. The Parties may terminate this MOU upon the written agreement of the Parties. Unless terminated earlier by the Parties, this MOU will terminate upon the execution of the contracts hiring the Consultant.
i. The persons executing this MOU on behalf of the parties hereto warrant that they are duly authorized to execute this MOU on behalf of said parties and that, by so executing this MOU, the parties hereto are formally bound to the provisions of this MOU. j. All notices hereunder and communications required or permitted by this MOU, or changes thereto, or by law to be served on, given to or delivered to any other Party hereto by any other Party to this MOU shall be in writing or authorized in writing, and may be sent by personal delivery, regular mail, or email. Any such notice shall be addressed to:

Notices to Hollister:

Hollister Municipal Airport
60 Airport Drive
Hollister, CA 95023
Attn: Jeff Crechriou, Airport Director
Email: [email protected]
Notices to the Marina:

Marina Municipal Airport
781 Neeson Road
Marina, CA 93933
Attn: Layne Long, City Manager
Email: [email protected]
Notices to Salinas:

Salinas Municipal Airport
30 Mortensen Avenue
Salinas, CA 93905
Attn: Matt Nelson, Airport Manager
Email: [email protected]
Notices to the Watsonville:

Watsonville Municipal Airport
100 Aviation Way
Watsonville, CA 95076
Attn: Rayvon Williams, CM, CAE, Airport Director
Email: [email protected]
k. The headings of all sections of this MOU are inserted solely for the convenience of reference and are not part of and not intended to govern, limit, or aid in the construction or interpretation of any terms or provision thereof.
l. The provisions of this MOU shall bind and inure to the benefit of each of the parties hereto and all successors or assigns of the parties hereto. m. If any term, provision, covenant, or condition of this MOU is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder to this MOU shall not be affected thereby, and each term, provision, covenant or condition of this MOU shall be valid and enforceable to the fullest extent permitted by law.
n. This MOU may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same MOU. Secure electronic signatures will be permitted. o. Neither this MOU, nor any of a Party's rights, obligations or duties hereunder may be assigned in whole or in part by a Party without the prior written consent of the other Parties. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. p. Each Party warrants that, in the performance of this MOU, it shall comply with all applicable federal, state and local laws, statutes and ordinances and lawful orders, rules and regulations promulgated thereunder.
q. A Party shall be excused from performing its obligations under this MOU during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood, acts of God, commandeering of material, products, plants or facilities by the federal, state or local government, national fuel shortage, or a material act or omission by the other party, when satisfactory evidence of such cause is presented to the other party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the party not performing.
r. This MOU shall be construed and interpreted solely in accordance with the laws of the State of California.

IN WITNESS WHEREOF, this MOU constitutes the entire understanding of the Parties hereto, and there are no other requirements, premises, warranties, covenants or undertakings with respect thereto, and have made and executed this MOU as of the day and year first above written.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
CITY OF HOLLISTER, a
general law city
___________________________
David Mirrione, City Manager
ATTEST:
____________________________
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:

Lozano Smith Attorneys at Law
____________________________
Mary F. Lerner, City Attorney
CITY OF MARINA, a
charter city
___________________________
Layne Long, City Manager
ATTEST:
____________________________
Anita Shepherd-Sharp, Deputy City Clerk
APPROVED AS TO FORM:
____________________________
René Alejandro Ortega, City Attorney
CITY OF SALINAS, a
charter city
___________________________
Rene Mendez, City Manager
ATTEST:
____________________________
Patricia M. Barajas, City Clerk
APPROVED AS TO FORM:
____________________________
Christopher A. Callihan, City Attorney
CITY OF WATSONVILLE, a
charter city
___________________________
Tamara Vides, Interim City Manager
ATTEST:
____________________________
Irwin I. Ortiz, City Clerk
APPROVED AS TO FORM:
____________________________
Samantha Zutler, City Attorney
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-418, Version: 1
Service Agreement Renewal for TRAKiT Software with CentralSquare Technologies LLC Approve a Resolution authorizing the City Manager to negotiate and execute an agreement with CentralSquare Technologies LLC for use of their TRAKiT software in an amount not to exceed $293,576.24 and extend the term to June 30, 2028.

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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: AUGUST 20, 2024
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: LISA BRINTON, DIRECTOR
THROUGH: DAVID GONZALVES, ASSISTANT DIRECTOR
BY: ANGELINE ANZINI, CHIEF BUILDING OFFICIAL AND YAZMIN

OCHOA-FLORES, ADMINISTRATIVE ANALYST
TITLE: SERVICE AGREEMENT RENEWAL FOR TRAKIT SOFTWARE

WITH CENTRALSQUARE TECHNOLOGIES LLC
RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the City Manager to negotiate and execute an agreement with CentralSquare Technologies LLC for use of their TRAKiT software in an amount not to exceed $293,576.24 and extend the term to June 30, 2028.

EXECUTIVE SUMMARY:

For the last eighteen years, the City of Salinas has used TRAKiT, a permitting software system city-wide. Besides its critical role in the permitting process, TRAKiT is also utilized by the Planning and Code Enforcement Divisions in the Community Development Department, and the Legal, Fire, Finance and Public Works Departments.

This multi-year Service Agreement renewal with CentralSquare will allow Permit Center operations to continue without interruption and improve efficiency by combining multiple subscriptions into a single subscription. The renewal supports 50 user licenses and several software add-ons that allow the City to tailor TRAKiT to Permit Center functions.

BACKGROUND:

The City originally entered into an agreement for TRAKiT software in 2006 with CRW Associates.

This agreement provided information technology enhancements that had been identified as critical need at the Permit Center. In 2018 Council action authorized a system upgrade from the original TRAKiT.NET to TRAKiT9, a 100 percent web-based system. This update made it simpler for the public to interact with departments and divisions online.

The current renewal Service Agreement with CentralSquare provides 50 user licenses, TRAKiT GIS Advanced Engine, eTRAKiT Credit Card API, TRAKiT CSLB Integration and TRAKiT API Page | 2
for ProjectDox. Since add-ons and additional licenses where historically contracted at different times of the year, there are currently 3 cycles of varied annual subscriptions. The Community Development Department has decided to combine all subscriptions to improve efficiency make it easier to track the subscription renewals. Fees for the FY 2024-25 are lower as they cover partial annual fees to allow for combined, same term fees the following years. The fees will be as stated below:

Product Separate Coterm FY 24-25 FY 25-26 FY 26-27 FY 27-28 TRAKiT End User License (50) $29,609.65 $60,537.26 $63,564.12 $66,742.32 TRAKiT GIS Advanced Engine $2,047.37 $5,159.36 $5,417.33 $5,688.20 eTRAKiT Credit Card API $584.97 $1,474.12 $1,547.83 $1,625.22 TRAKiT CSLB Integration $1,176.36 $1,909.03 $2,004.48 $2,104.70 TRAKiT API for ProjectDox $1,932.09 $2,425.50 $2,546.78 $2,674.12 Assurance Services $10,000.00 $10,000.00 $10,000.00 $10,000.00 Total $44,174.08 $79,596.24 $83,076.06 $86,729.86
This proposed Service Agreement renewal may be approved by the City Council as a negotiated contract with the existing vendor/service provider pursuant to Salinas Municipal Code section 12-

27. Since the renewal is with an existing vendor/service provider that will maintain existing software, a competitive bidding process will not serve in the best interest of the City, yield the best value, or result in the lowest price.

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:

TRAKiT software renewal furthers the City Council’s 2023-2025 strategic goals of Effective and Culturally Responsive Government and Economic Development by maintaining Permit Center operations through continued use of technology, centralized data collection for decision making and ensured ongoing accessibility of government services.

DEPARTMENTAL COORDINATION:

The Community Development, Legal, Fire, Finance and Public Works departments utilize TRAKiT for permitting, planning projects, code compliance, licensing and land and entity management. The Information Technology Division supports TRAKiT database integration.

FISCAL AND SUSTAINABILITY IMPACT:

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Funding is available and appropriated in 5800.30.9093 (CIP 9093 Permit Center Technology Upgrades). This CIP is funded by a 5% technology fee collected as part of processing fees charged by the Community Development, Fire, Legal and Public Works Departments.

ATTACHMENTS:

1. Resolution Authorizing TRAKiT Service Agreement Renewal for TRAKiT Software with CentralSquare Technologies LLC
1 RESOLUTION NO. (N.C.S.)

A RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO

NEGOTIATE AND THE CITY MANAGER TO EXECUTE A SERVICE AGREEMENT RENEWAL FOR TRAKiT SOFTWARE WITH CENTRALSQUARE TECHNOLOGIES LLC FOR FY 24-25 THROUGH FY 27-29
WHEREAS, on August 8th, 2006, the City of Salinas entered into a User Agreement and License with CRW Associates for the use of the “TRAKiT” computer software program at the Salinas Permit Center (Resolution No. 19050 (N.C.S.)) to provided information technology enhancements that had been identified as critical; and
WHEREAS, on May 15, 2018, the City of Salinas approved the add-on quotes from Superion and scope of work to migrate the building permit software to TRAKiT version 9 (Resolution No. 21393 (N.C.S.)); and
WHEREAS, the renewal Service Agreement with CentralSquare provides 50 user licenses, TRAKiT GIS Advanced Engine, eTRAKiT Credit Card API, TRAKiT CSLB Integration and TRAKiT API for ProjectDox; and
WHEREAS, the add-ons and additional licenses were historically contracted at different times of the year, therefore there are currently three (3) cycles of varied annual subscriptions; and WHEREAS, the Community Development Department has decided to co-term all subscriptions and their fees for efficiency; and
WHEREAS, the FY 2024-25 fees are lower as they cover partial annual fees to allow for combined, same term fees the following years; and
WHEREAS, this proposed Service Agreement may be approved by the City Council as a negotiated contract with the existing vendor/service provider pursuant to Salinas Municipal Code section 12-27 since the renewal is with an existing vendor/service provider that will maintain existing software and a competitive bidding process will not serve in the best interest of the City, yield the best value, or result in the lowest price; 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 authorizes the City Manager to negotiate and execute an agreement with CentralSquare Technologies LLC for use of their TRAKiT software in an amount not to exceed $293,576.24 and extend the term to June 30, 2028.

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

AYES:
2 NOES:

ABSENT:

ABSTAIN:

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#24-423, Version: 1
Professional Services Agreement Amendment 2 with Harris and Associates for the Salinas Creeks Maintenance and Enhancement Project
Approve a Resolution authorizing the City Manager to execute Amendment 2 with Harris and Associates for the Salinas Creeks Maintenance and Enhancement Plan to increase the compensation by $332,325 for a revised not to exceed amount of $696,193, revise the scope of services, and extend the Agreement to September 1, 2026.

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CITY OF SALINAS COUNCIL

STAFF REPORT
DATE: AUGUST 20, 2024
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, DIRECTOR
BY: HEIDI NIGGEMEYER, NPDES PROGRAM MANAGER
TITLE: AMENDMENT 2 TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF SALINAS AND

HARRIS AND ASSOCIATES FOR THE SALINAS CREEKS

MAINTENANCE AND ENHANCEMENT PLAN
RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the City Manager to execute Amendment 2 with Harris and Associates for the Salinas Creeks Maintenance and Enhancement Plan to increase the compensation by $332,325 for a revised not to exceed amount of $696,193, revise the scope of services, and extend the Agreement to September 1, 2026.

EXECUTIVE SUMMARY:

On December 22, 2022, the City authorized the initial scope of work for $85,729 to initiate the permitting process to obtain streambed alteration permits for Gabilan and Natividad Creeks under a Professional Services Agreement. On October 24, 2023, Amendment 1 was approved by Council (Resolution No. 22827) to increase the scope of services and amount of compensation by $278,139 to prepare design plans and complete the permitting process following information received from the initial feasibility study for a total Agreement amount not to exceed $363,868. To perform work in the creeks of Salinas, streambed alteration permits are required for all the creeks, including Santa Rita Creek. Amendment 2 will add to the scope of services in the amount of $332,325 to complete the feasibility study, permitting, conceptual mitigation plan w/engineering designs, and evaluation of Ryder Ranch parcel for potential mitigation bank project. Amendment 2 also extends the term of the Agreement to September 1, 2026 in order to complete the additional permitting requirements. The total amount of the Agreement upon approval of Amendment 2 is not to exceed $696,193.

BACKGROUND:

The 2017 winter storms caused heavy erosion and large amounts of silts to be deposited at Gabilan Creek, Natividad Creek, and Santa Rita Creek. In the process of performing emergency work as a Page | 2
result of the storm damage, staff discovered that permits required for the maintenance work within these creeks had expired.

The primary purpose of these essential drainage facilities is to convey flood water in order to protect property, human health and safety; however, opportunities exist which could enhance the ecological health of the creeks’ riparian zones. Adding an ecological element to any restoration project would not only improve habitat along the drainage facility but also could have added benefits such as increasing flood water capacity, water quality, infiltration and percolation, cost effectiveness of maintenance, climate resiliency and recreational opportunities. Gabilan, Natividad, and Santa Rita Creeks offer a chance to create a nexus for these benefits.

On December 22, 2022, the City authorized the initial scope of work for $85,729 to initiate the permitting process to obtain streambed alteration permits for Gabilan and Natividad Creeks under a Professional Services Agreement. The scope of work included the following:
 Initiate the permitting process for ongoing maintenance activities in Gabilan and Natividad Creeks
 Identify ecological enhancement opportunities
 Draft a conceptual plan the improves flood capacity, water quality, habitat and infiltration of surface flows, and
 Perform a field evaluation of existing conditions to better understand the level of investigation and analysis required to successfully complete an engineered design During the permitting process for Gabilan and Natividad Creeks, the Regional Water Quality Control Board indicated the requirement of mitigation areas such that the ongoing maintenance does not continually require disturbance of the flora and fauna within the stream bed. In cooperation with Harris and their subconsultants, staff discussed various mitigation scenarios, evaluated alternatives, and considered the constraints along with need to remove silt deposits from streams and to conduct regular maintenance activities.

The project, called the “Salinas Creeks Maintenance and Enhancement Plan”, advanced to the next phase which involved preparation of design plans and completion of the permitting process based on information acquired during the feasibility study. This included elements required by the permitting agencies that were not considered in the original scope of work. Collectively the additional scope included:
1) Project Management and Project Description
2) Technical Studies to Support Project Permitting
3) CEQA Compliance/Documentation
4) Regulatory Compliance/Permit Applications
5) Natividad Creek and Gabilan Creek Maintenance Plan and Conceptual Mitigation Plan 6) Concept Level, 65%, and 100% Design Plans.

The additional scope represented a net increase of $278,139 to the original agreement. On October 24, 2023, Amendment 1 was approved by Council via Resolution No. 22827 to increase the scope of services of the Agreement by $278,139 for a total not to exceed $363,868 with the Agreement term expiring on December 31, 2024.

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It came to the attention of NPDES staff that permitting for work in Santa Rita Creek and the costs for the Gabilan and Natividad permits were not included in the initial “Salinas Creeks Maintenance and Enhancement Plan” project. A streambed alteration permit is required for work in Gabilan, Natividad, and Santa Rita Creeks. Therefore, a cost estimate was requested from Harris and Associates to complete the required permitting and mitigation planning work for Santa Rita Creek as had been contracted for completion for Natividad and Gabilan creeks and add the costs of the permits for Gabilan and Natividad Creeks.

Amendment 2 will increase the scope of services of the Agreement for the “Salinas Creeks Maintenance and Enhancement Plan” project by $332,325 to include permitting for Santa Rita Creek, as well as permits for Gabilan and Natividad Creeks for an amount not to exceed $696,193.

The amendment also extends the term of the Agreement until September 1, 2026 to provide time to complete the permitting. Also included in the increased scope of work is an evaluation of an agricultural parcel called “Ryder Ranch” for potential use as a wetlands mitigation bank. An appraisal must be performed before the City can consider purchase of this parcel. Development of a wetlands mitigation bank could provide mitigation “credits” for any work the City performs that requires mitigation measures by the State agencies.

CEQA CONSIDERATION:

The proposed scope of work includes making a determination as to the extent if any, the project has the potential for causing a “significant effect on the environment”. This will be examined during the CEQA process along with any relevant information compiled and submitted. In and of itself however, the amendment of an agreement which include such a CEQA determination does not constitute a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

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

DEPARTMENTAL COORDINATION:

Public Works will advance this project through coordination with Engineering and Maintenance Services with additional input from the Department of Library and Community Services given that the streams are located within or along City parks.

FISCAL AND SUSTAINABILITY IMPACT:

Funding is available and appropriated in 3911.50.9086 (ARPA Project Natividad Creek Silt Removal).

ATTACHMENTS:

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Harris and Associates PSA Amendment 2 Resolution
Original executed Professional Services Agreement (PSA) w/Harris and Associates for the “Salinas Creeks Maintenance and Enhancement Plan” project Harris and Associates PSA Amendment 1 - fully executed
Resolution 22827
Harris and Associates PSA Amendment 2
Exhibit B2 Scope of Work
Page | 1
RESOLUTION NO. (N.C.S.)

A RESOLUTION APPROVING AN AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF SALINAS AND HARRIS AND ASSOCIATES FOR

THE SALINAS CREEKS MAINTENANCE AND ENHANCEMENT PLAN
WHEREAS, winter storms in 2017 caused heavy erosion and silts deposits at several of the City’s waterways requiring maintenance work; and
WHEREAS, specific permits are required for repair or maintenance work in the City waterways; and
WHEREAS, on December 22, 2022, the City authorized the initial scope of work for permitting of Natividad and Gabilan Creeks for $85,729 under a Professional Service Agreement; and WHEREAS, the “Salinas Creeks Maintenance and Enhancement Plan” project advanced to the next phase which involved preparation of design plans and completion of the permitting process based on information acquired during the feasibility study; and WHEREAS, on October 24, 2023, the City authorized Amendment 1 to increase the scope of work for permitting of Natividad and Gabilan Creeks by $278,139 to include the additional permitting requirements; and
WHEREAS, these same specific permits are also required for maintenance work in Santa Rita Creek; and
WHEREAS, Amendment 2 will add additional scope of services of $332,325 and extend the Agreement term to September 1, 2026 to complete permitting for Santa Rita Creek maintenance work and obtain final permits for Gabilan and Natividad creeks.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALINAS, that Amendment No 2 to the Professional Services Agreement between the City of Salinas and Harris and Associates to provide professional services related to the Salinas Creeks Maintenance and Enhancement Plan project for an increase of $332,325 for a revised not to exceed amount $696,193 and extend the term to September 1, 2026, with a period of one (1) one-year annual renewal option is hereby approved; 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 Amendment No 2 on behalf of the City.

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

AYES:

NOES:

ABSENT:

Page | 2
ABSTAIN:

APPROVED:

Kimbley Craig, Mayor
ATTEST:

Patricia M. Barajas, City Clerk

AGREEMENT

FOR PROFESSIONAL SERVICES FOR

ENVIRONMENTAL CONSULTANTS/

CONTRACTORS BETWEEN

THE CITY OF SALINAS AND HARRIS

AND ASSOCIATES

DocuSign Envelope ID: CF969FD0-59C6-4216-8F4A-C088852F5BD5 Contents
RECITALS ................................................................................................................................. 1 TERMS ....................................................................................................................................... 1

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

22. Severability. ......................................................................................................................... 5

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

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

25. Conflict of Interest. .............................................................................................................. 6

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

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

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

29. Rights and Obligations Under Agreement. .......................................................................... 7 DocuSign Envelope ID: CF969FD0-59C6-4216-8F4A-C088852F5BD5

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

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

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

33. Joint Representation. ............................................................................................................ 7

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

35. No Waiver of Rights. ........................................................................................................... 8 Exhibit A- Insurance Requirements for Environmental Contractors and/or Consultants .......... 9 Exhibit B- Scope of Service ..................................................................................................... 12 DocuSign Envelope ID: CF969FD0-59C6-4216-8F4A-C088852F5BD5 Enviro. Prof. Services Agreement v. January 2021 Page 1 of 12 Harris and Associates
December 2022

AGREEMENT FOR PROFESSIONAL SERVICES FOR ENVIRONMENTAL

CONSULTANTS/CONTRACTORS BETWEEN

THE CITY OF SALINAS AND HARRIS AND ASSOCIATES
This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 22nd day of December, 2022, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and Harris and Associates, 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 December 22, 2022, and shall terminate on December 31, 2024, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties, and may be terminated only pursuant to the terms of this Agreement.

3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed eighty-five thousand seven hundred twenty-nine dollars ($85,729).

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

Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant’s bills shall include the following information to which such services cost or pertain:
(A)A brief description of services performed;
(B) The date the services were performed;
(C)The number of hours spent and by whom;
(D)A brief description of any costs incurred; and
(E) The Consultant’s signature.

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

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

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

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

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

8. Responsibility of City. To the extent appropriate to the projects to be completed by Consultant pursuant to this Agreement, City shall:
(A) Assist Consultant by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the projects. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City. (B) Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Consultant.
(C) Steve Carrigan, City Manager, or his designee, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall have the complete authority to transmit instructions, receive information, interpret and define City’s DocuSign Envelope ID: CF969FD0-59C6-4216-8F4A-C088852F5BD5

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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 Section 2782.8, 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 to the extent they arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City; and does not apply to any passive negligence of the City unless caused at least in part by the Consultant. The City agrees that in no event shall the cost to defense charged to the Consultant exceed that design professional’s proportionate percentage of fault. The 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. Assignment. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City.

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

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

16. Termination.
(A) City shall have the authority to terminate this Agreement, upon written notice to Consultant, as follows:
(1) If in the City’s opinion the conduct of the Consultant is such that the interest of the City may be impaired or prejudiced, or
(2) For any reason whatsoever.
(B) Upon termination, Consultant shall be entitled to payment of such amount as fairly compensates Consultant for all work satisfactorily performed up to the date of termination based upon the Consultant’s rates shown in Exhibit B and/or Section 3 of this Agreement, except that:
(1) In the event of termination by the City for Consultant’s default, City shall deduct from the amount due Consultant the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Consultant are made to compensate City for its actual additional costs incurred in securing satisfactory performance of the terms of this Agreement, including but not limited to, costs of engaging another consultant(s) for such purposes. In the event that such additional expenses shall exceed amounts otherwise due and payable to Consultant hereunder, Consultant shall pay City the full amount of such expense. (C) In the event that this Agreement is terminated by City for any reason, Consultant shall:

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(1) Upon receipt of written notice of such termination promptly cease all services on this project, unless otherwise directed by City; and (2) Deliver to City all documents, data, reports, summaries, correspondence, photographs, computer software output, video and audio tapes, and any other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such material is to be delivered to City in completed form; however, notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such material.
(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.
(E) The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.

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

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

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

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

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

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.

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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:

Frank Lopez
Principal-in-Charge
Harris and Associates, Inc.
450 Lincoln Avenue, Suite 103
Salinas, California 93901
(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.

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 DocuSign Envelope ID: CF969FD0-59C6-4216-8F4A-C088852F5BD5

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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 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
__________________________________
Steve Carrigan
City Manager
APPROVED AS TO FORM:
_________________________________
□ Christopher A. Callihan, City Attorney or
□ Rhonda Combs, Assistant City Attorney

CONSULTANT
___________________________________
Frank Lopez
Principal-in-Charge, Harris and Associates, Inc.

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

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

1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, 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 (Code 1), or if Consultant has no owned autos, hired (Code 8) and non-owned (Code 9) 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 & Omissions): Insurance applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

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

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

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

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

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

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

B. If any of the required 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 Consultant must purchase an extended period coverage for a minimum of five (5) years after completion of Agreement work.

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

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

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

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

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

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

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. If such modification results in additional cost to the Consultant and the City requires Consultant to obtain the additional coverage, the City and Consultant will negotiate the additional cost of the insurance.

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

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Exhibit B- Scope of Service
[Scope of Service; Compensation]
DocuSign Envelope ID: CF969FD0-59C6-4216-8F4A-C088852F5BD5 450 Lincoln Avenue, Suite 103, Salinas, CA 93901  p: 831.789.8670  WeAreHarris.com

MEMORANDUM
To: Brian Frus, P.E., Senior Engineer, City of Salinas
From: Kate Elliott and The Harris Team
RE: Scope of Work for the City of Salinas Creeks and Wetlands Maintenance Plan and Mitigation and Enhancement Program
Date: November 16, 2022
Introduction
The Harris Team (Harris & Associates, EcoSystems West Consulting Group, Albion Environmental, and Waterways Consulting, Inc.) is prepared to assist the City of Salinas (City) with flood control (sediment) management and associated mitigation and enhancement of the creeks and wetlands within the City’s jurisdiction. Based on the work we have conducted over the last two and a half years, as well as conversations with the resource agencies, our proposed overall strategy is a three-part process which includes the following approach:

A. Combined permitting of:
• Initial removal of sediment and debris from the creeks through an initial effort; and • On-going maintenance activities within the creeks and wetlands.

B. To offset impacts associated with initial and on-going maintenance activities, development of an associated mitigation and enhancement program for the City’s creeks and wetlands to improve flood control, water quality, and overall ecological health. The main goals of the enhancement plan will be to:
• Employ existing hydrologic, hydraulic, and flood capacity analyses of the City’s creeks and wetlands and, as needed, update or supplement these studies;
• Minimize the flow of sediment into the creeks within the City’s jurisdiction through existing (and new) programs, as needed, in coordination with the following, as determined appropriate and feasible by the City and the Harris team: the Salinas Community Development for the Future Growth Area (e.g., Central Area Specific Plan); County of Monterey (County), Monterey County Water Resources Agency (MCWRA), Monterey County Resource Conservation District (RCD), Natural Resource Conservation Service (NRCS), neighboring/adjacent landowners (e.g., Monterey County farmers), Central Coast Wetlands Group for the Gabilan Flood Plain Enhancement Project, and Big Sur Land Trust for the Carr Lake Project, potentially through in lieu fee programs;
• Design features to capture sediment at critical and discrete locations within the creeks, focusing on locations where the creeks enter the City’s jurisdiction, that would be maintained on an on-going basis as needed;
• Improve the structure and function of the creeks through recontouring, as needed, to increase flood capacity and protect water quality and wildlife habitat; • Identify in-kind and out-of-kind mitigation in select areas to enhance the ecological functions and values of the City’s creeks and wetlands through invasive species removal and native plant restoration; and • If needed, identify off-site mitigation to meet mitigation ratios required by the resource agencies, such as through the RCD’s Salinas River Watershed Invasive Non-native Plant Control Program.

Exhibit B
DocuSign Envelope ID: CF969FD0-59C6-4216-8F4A-C088852F5BD5 2 C. Comprehensive strategy for on-going maintenance activities within the creeks and associated wetlands based on hydrologic, hydraulic, and flood capacity analysis, as well as on the mitigation and enhancement program.

The following scope of work includes the following two primary tasks.

1. Project Management and Maintenance Plan Description

2. Technical Studies
Task 1. Project Management/Detailed Maintenance Plan Description Task 1.1a – Project Management and Coordination
The Harris Team will work closely with the City to discuss how to meet the City’s needs for maintenance and begin to develop opportunities for mitigation and enhancement. Our primary goal will be to effectively track Project meetings, tasks, timelines, and schedule to ensure cost effectiveness and efficiency at accomplishing Project goals.

Task 1.2a – Meetings with City Staff and Stakeholders
The Harris Team will meet with City Staff to define maintenance practices that the City currently undertakes within the creeks, wetlands, and Natividad Detention Basin. Current Maintenance Plan actions may include, but are not limited to, flood management/sediment control, bank stabilization, erosion control, outfall structure maintenance and repair, flood gate maintenance and repair (coordinate with NPDES program), culvert maintenance, repair and replacement, and vegetation management.

The Harris Team will meet with the City to make a preliminary determination of future needs for maintenance based on proposed mitigation and enhancement, which is anticipated to modify maintenance regimes. Final future maintenance needs will be determined after completion of the technical studies (Task 2).

To meet mitigation and enhancement targets, the Maintenance Plan will require coordination and partnerships with the organizations and programs listed below to avoid, prevent, minimize, and mitigate for potential impacts associated with Maintenance Plan actions. The Harris Team will have initial meetings with stakeholders to identify opportunities for partnerships.

NPDES MS4 Program
The Harris Team reviewed those features, structures, and maintenance actions subject to the City’s National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Program.

Municipal discharges of stormwater and non-stormwater from all municipal separate storm sewer system (MS4) discharge points within the City’s boundaries are subject to waste discharge requirements under Order R3-2019- 0073 and NPDES as issued by the Central Coast Regional Water Quality Control Board for the period October 1, 2019 through September 30, 2024. These MS4 discharges are regulated under Section 402 of the Clean Water DocuSign Envelope ID: CF969FD0-59C6-4216-8F4A-C088852F5BD5 3 Act (CWA) as well as Porter-Cologne Water Quality Control Act and other applicable state, federal, and regional regulations.

The creeks within the City’s jurisdiction, including Santa Rita Creek, Gabilan Creek, Natividad Creek, Alisal Creek, and the Salinas River are considered receiving waters for municipal discharges and, as such, under the NPDES MS4 Program, are subject to the City’s Pollutant Load Reduction Plan (PLRP), Stormwater Resource Plan (SRP), List of Structural Best Management Practices (BMPs)1
, and Maintenance Plan for MS4 components (for both the conveyance system and structural BMPs).

Only features that are in federal jurisdiction, such as the receiving waters listed above, are in need of additional permitting for impacts associated with flood control and other preventative maintenance activities. The Harris Team will clearly define the features and activities already covered under existing NPDES permit and identify potential overlap and interaction between NPDES maintenance activities and those activities proposed for flood control and other preventative maintenance.

Salinas Community Development for Future Growth Area (Central Area Specific Plan and East Area Specific Plan) The Harris Team will meet with City Planners and review existing Specific Plan documents to determine if flexibility exists within the proposed Growth Area footprints to address sedimentation as it enters the proposed future boundary of the City limits - i.e. to modify proposed land use boundaries and/or to work within the proposed open space boundaries along the hydrologic flood plains of Gabilan Creek and Natividad Creek for sediment capture, to better capture sediments and consolidate future maintenance activities.

Big Sur Land Trust Carr Lake Project
The Harris Team proposes that a portion of mitigation for impacts associated with City’s Maintenance Plan activities include a partnership with the Big Sur Land Trust. The Big Sur Land Trust owns 73 acres within Carr Lake and has 30% design plans to create a multi-benefit central park that will include ecological restoration, water quality improvement and flood control. The Harris Team had an initial meeting with the Big Sur Land Trust to discuss a partnership in restoration as a component of mitigation. As we refine the Maintenance Plan and the City’s specific needs for mitigation, the Harris Team will continue to work with the Big Sur Land Trust to specify the City’s potential contribution to ecological restoration in Carr Lake. 2019 Storm Water Resource Plan for the Greater Monterey County Integrated Regional Water Management Region
The Harris Team has reviewed background documentation on flood management, water quality, and various existing and proposed plans and programs to address sedimentation and restore and enhance the regions watersheds. Much of this documentation is summarized in the 2017 and 2019 Storm Water Resource Plan (updated 2021). Opportunities for partnership and coordination for prevention, minimization, and mitigation will be further identified.

City of Salinas Recreation and Community Service Department The Harris Team had an initial meeting with the Director of the City of Salinas Recreation and Community Service Department (Recreation Department). The Recreation Department is generally supportive of utilizing City parks for mitigation and enhancement. Once proposed mitigation and enhancement sites have been further 1 Structural BMPs are infrastructure/facilities that are constructed or installed to prevent pollutants in storm water runoff from leaving a developed property, entering storm drains, and impacting our local waterways, and include sediment basins, vegetated swales, and other types of catchments. All types of structural BMPs require regular inspection and maintenance to ensure that they are operating effectively, so the City maintains all of their existing sediment basins and some creeks under the maintenance requirements of the NPDES permit.

DocuSign Envelope ID: CF969FD0-59C6-4216-8F4A-C088852F5BD5 4 refined (based on updated flood capacity analysis and communications between the City, Harris, EcoSystems West, and Waterways), with the City’s approval our team will follow up with the Recreation Department to discuss acreage requirements and conceptual plans.

Monterey County Resource Conservation District and the Natural Resources Conservation District The Monterey County Resource Conservation District (RCD) and the Natural Resources Conservation Service (NRCS) have existing programs to work with farmers to protect water quality. In addition, the RCD has established programs to restore aquatic features and riparian habitats. Harris has worked with the City and the RCD to develop a draft contract for the provision of services by the RCD to the City. Where applicable, the following RCD programs can be incorporated into the enhancement plan.  Farm and Ranch Runoff. The RCD and the NRCS assist local land managers with conservation practices to manage farm runoff to protect water quality through “slow the flow” techniques and practices including:
• permanently vegetated borders along fields (filter strips), • vegetated ditches and constructed wetlands (vegetated treatment systems), • water and sediment basins, and
• grade stabilization, gully repair, streambank protection, and erosion control.

Permitting resource agencies typically favor actions that address the problem at its source and thereby provide larger on-going benefits to ecological resources. The Central Coast Regional Water Quality Control Board (Regional Board) has indicated that efforts to reduce creek sediment before it enters the City limits should be explored and may be a permit requirement. This element will necessitate further coordination with the RCD, the NRCS, and with relevant land managers. With the City’s approval, EcoSystems West will work with the RCD and the NRCS to identify mechanisms for implementing this aspect of the enhancement plan, such as an in-lieu fee program, whereby a portion of mitigation for impacts within the City limits would be offset by funding this off-site program.
 Salinas River Watershed Invasive Non-native Plant Control Program to eradicate giant cane (Arundo donax), salt cedar (Tamarix sp.), and other invasive species. This program would be utilized at the Salinas River Outfall and may be employed, as needed, as off-site and out-of-kind mitigation, in the event that additional mitigation is needed to meet agency mitigation ratio requirements and to supplement in-kind and on-site mitigation.

Task 1 Deliverables Provided to Date:
o Preliminary Meetings with City Public Works staff (regarding NPDES MS4 Program activities), County of Monterey (regarding incorporation of the Salinas River Outfall into existing County/RCD permit and mitigation program), Recreation Department staff (regarding use of parks for mitigation and enhancement, Big Sur Land Trust (regarding Carr Lake Project). o Project Description for Santa Rita Creek, Natividad Basin, and the Industrial Wastewater Treatment Facility Sediment Removal Project.

Task 1 Meetings, Deliverables, and Assumptions:
o The Harris Team will attend one (1) field meetings with City personnel to discuss the City’s current and future (Task 1.2a) maintenance activity needs.
o With City approval, the Harris Team will attend preliminary meetings (Task 1.2a) with five (5) potential partners to identify opportunities to avoid, prevent, minimize, and mitigate for potential impacts associated with the Maintenance Plan.

DocuSign Envelope ID: CF969FD0-59C6-4216-8F4A-C088852F5BD5 5 Task 2. Technical Studies
Technical assessments and studies will be prepared for aquatic resources, biological resources, and cultural resources, as well as hydrologic, hydraulic, and flood capacity analysis, to provide the scientific basis for the permitting process, and to allow the Harris Team to provide a quantitative impact assessment to the regulatory agencies. The technical studies also enable us to work with the City to minimize impacts through careful design of current and future maintenance activities, and to identify suitable locations for mitigation and enhancement.

Task 2.1a – Aquatic Resources Field Work and Mapping
This scope of work includes the field work and mapping described below, but not preparation of the Aquatic Resources Delineation Report.

Waters and wetlands (aquatic resources) of the U.S. are protected under the federal Clean Water Act (CWA), and impacts to these resources require mitigation. An aquatic resources delineation determines the extent of wetlands and waters of the U.S. within the City’s defined Maintenance Plan areas and are submitted to the US Army Corps of Engineers (USACE) during permitting. An aquatic resource delineation is valid for 3 years following verification by the USACE (with subsequent renewal possible).

To date, EcoSystems West has conducted reconnaissance surveys of the following aquatic resources and adjacent riparian and upland habitats:
• Santa Rita Creek,
• Natividad Creek,
• Gabilan Creek,
• Natividad Basin,
• Salinas Outfall,
• Industrial Wastewater Treatment Facility, and
• Agricultural Sediment Basins.

The Harris Team conducted an initial permitting effort in 2020 for proposed sediment removal from Santa Rita Creek, Natividad Basin, and the Industrial Wastewater Treatment Facility. An aquatic resource delineation was prepared for these aquatic features and was submitted to the USACE and Regional Board as part of the permit application submission.

Through our field surveys and subsequent consultation with resource agencies, it was determined that maintenance activities within the agricultural sediment basins meeting a specific set of criteria do not require permitting. These features will not be included in proposed permitting.

In addition, Harris worked with the City and the RCD to establish a preliminary agreement whereby maintenance of the Salinas River Outfall, including permitting and mitigation, would be conducted in conjunction with the RCD’s existing adjacent activities in coordination with the County of Monterey.

EcoSystems West will work with the City to identify any other aquatic features to be included in the City’s maintenance program.

EcoSystems West will map all aquatic features and adjacent habitats using ArcGis and resource-grade GPS.

Waterways and EcoSystems West will identify the Ordinary High Water Mark (OHWM) of the creeks and wetland boundaries to determine the jurisdiction of the USACE. EcoSystems West will delineate the break in bank and/or boundary of the riparian habitat to determine the jurisdiction of the Regional Board and CDFW.

These boundaries will be depicted in ArcGIS shapefiles, geodatabase, and maps.

DocuSign Envelope ID: CF969FD0-59C6-4216-8F4A-C088852F5BD5 6 Task 2.1 Deliverables Provided to Date:
o Draft and Final Aquatic Resources Delineation for Santa Rita Creek, Natividad Basin, and the Industrial Wastewater Treatment Facility.
o Coordination and preliminary agreement between the City, the RCD and the County of Monterey regarding incorporation of permitting and mitigation responsibilities into the existing program with the resource agencies.

Task 2.1a Meetings, Deliverables, and Assumptions:
o GIS files and maps of aquatic features and riparian habitat subject to maintenance activities within the City’s boundaries.
o The City will work with EcoSystems West to identify any additional aquatic resources subject to the City’s maintenance program for inclusion in the delineation and mapping efforts, although no additional aquatic resources are anticipated to be identified per City staff.

Task 2.2a – Feasibility Study
EcoSystems West and Waterways will work with the City to review existing analyses of the City’s creeks and wetlands, to determine if updates or additional study would be required in order to identify the most effective sediment maintenance locations and design sediment capture features. This review will assist the Harris Team to identify the required capacity of sediment capture features, as required by the Regional Board. Relevant studies reviewed to date include:
• On-going Gabilan Flood Plain Enhancement Project
• On-going Carr Lake Plan
• 2022 and 2009 FEMA Flood Maps
• 2021 Stormwater Development Standards for New and Redevelopment Projects • 2019 Storm Water Resource Plan for the Greater Salinas Area (updated 2021) • 2019 MS4 Permit for Municipal Storm Water Discharges
• 2017 FEMA Flood Insurance Study
• 2017 Storm Water Resource Plan for the Greater Salinas Area • 2013 Stormwater Development Standards for New and Redevelopment Projects • 2012 WDR Permit for Municipal Storm Water Discharges
• 2010 Stormwater Development Standards
• 2006 Stormwater Management Plan
• 2004 Storm Water Master Plan, as updated
The Harris Team, including Waterways, will meet the City’s Public Works personnel in the field to evaluate the City’s watersheds, gain an overview of the sediment load currently affecting the creeks’ flood capacity, identify critical locations for sediment and vegetation removal within the creeks (e.g., the reaches where sediment and problematic vegetation and woody debris have accumulated to date), and visit the specific locations proposed for sediment capture at the City’s upstream limits, including for Santa Rita Creek, Gabilan Creek, and Natividad Creek.

Based on document and data review and on the field visit(s), Waterways will conduct a feasibility study to determine proposed actions to minimize future sediment accumulation in the City’s creeks. The study will identify or refine proposed features to capture sediment and proposed recontouring to manage creek flow for deposition in defined locations. The feasibility study will include identifying and mapping/modeling the Ordinary High Water Mark (OHWM) in the City’s Creeks.

DocuSign Envelope ID: CF969FD0-59C6-4216-8F4A-C088852F5BD5 7 Waterways has extensive experience designing and engineering projects in surface water environments that have a proven track record of agency approval.

This task will be the first step toward developing conceptual and engineering design plans, which are not included in this scope of work.

Task 2.2a Deliverables and Assumptions:
o Summary of Relevant Hydrologic, Hydraulic, and Flood Capacity Analysis o GIS Files and Maps of Relevant Data
o Up to three (3) Field Meetings/Assessments
o Mapping/Modeling of the OHWM
o Feasibility Study Report
o The City will work with EcoSystems West to identify all studies performed to date, and the City will provide the hydraulic data first referenced in the 2004 Storm Water Master Plan.

Task 2.3a – Biological Assessment
This scope of work includes the field work and mapping described below, but does not include preparation of a report.

A biological (biotic) assessment, which characterizes the biological resources within the maintenance areas, is required for the regulatory compliance that will be submitted to the US Army Corps of Engineers (USACE), which consults with US Fish and Wildlife Service (USFWS), and to California Department of Fish and Wildlife (CDFW) during the permitting process.

To date, the Harris Team reviewed sensitive biological resource data from USFWS, CDFW, California Natural Diversity Database (CNDDB); and other recognized lists of sensitive resources. Additionally, the team has communicated with other local experts about occurrences of sensitive wildlife species that have not been recorded in official databases. Based on this research and these sources, we developed target lists of sensitive plant and wildlife species with potential to occur in the City’s maintenance areas. During the field reconnaissance surveys, we evaluated the creeks and wetlands within the City’s maintenance areas to determined which sensitive resources could occur. In addition, using ArcGIS we mapped all sensitive habitats adjacent to aquatic features.

All biological resources will be presented in maps to identify and depict.

Task 2.3 Deliverables Provided to Date:
o Biotic Assessment Letter Report for Santa Rita Creek, Natividad Basin, and the Industrial Wastewater Treatment Facility.

Task 2.3a Deliverables and Assumptions:
o Map/s of Biological Resources (sensitive habitats, plants, wildlife species, and wildlife movement).

Task 2.4a – Cultural and Historical Resources Assessment This scope of work includes the records search, field work and mapping described below, but does not include completion of the report.

DocuSign Envelope ID: CF969FD0-59C6-4216-8F4A-C088852F5BD5 8 Maintenance activities that fall under the jurisdiction of the USACE (and are subject to Section 404 of the Clean Water Act) also must comply with Section 106 of the National Historic Preservation Act (NHPA) through consultation with the State Historic Preservation Officer (SHPO) and Native American tribes.

The Harris Team will identify and map the maintenance area(s) of potential effects (APE), on which direct ground disturbance may occur. The total size and number of maintenance areas still requiring cultural resource investigations for this project has yet to be finalized. The APE boundaries defining the limits of additional background research, an updated records search, tribal outreach, and field survey will be established based on the Feasibility Study (Task 2.2). Albion Environmental will then assess whether any cultural and historic built resources are located directly in or adjacent to the areas of proposed ground disturbance. Because of the unknown extent of the APE, the proposed budget amendment to complete the additional cultural resources report is an estimate of total costs.

Albion’s background research will include conducting a cultural and historic resources records search at the Northwest Information Center (NWIC), requesting information related to Native American resources from the Native American Heritage Commission, and any Native American contacts that are identified by the Commission, reviewing historical maps and documents, and conducting a desktop geoarchaeological review of local soil conditions for evidence of potential buried cultural resources. When possible, the results of these efforts will be used to help guide ground disturbing activities that may impact known cultural resources or refine proposed work in areas that have been identified as sensitive for supporting cultural resources.

A pedestrian field survey will be conducted to identify previously undocumented archaeological and historic built resources visible on the ground surface. The archaeologist will carefully inspect the ground surface to identify artifacts, features, and infrastructure, and assess the local geomorphic context. If resources are identified, the survey team would document them for future study.

To date, Albion Environmental conducted a general records search and survey for archaeological and historical resources and prepared a report that was submitted to the USACE for Santa Rita Creek, Natividad Basin, and the Industrial Wastewater Treatment Facility.

This scope includes preparation of a constraints summary of sensitive cultural resources identified during records search and pedestrian surveys, but it does not include preparation of an additional report for the Natividad Creek and Gabilan Creek maintenance areas, and for the proposed sediment catchment basins.

Task 2.4 Deliverables Provided to Date:
o Cultural and Historical Resources Report for Santa Rita Creek, Natividad Basin, and the Industrial Wastewater Treatment Facility maintenance activities.

Task 2.4a Deliverables and Assumptions:
o Constraints Summary of Cultural Resources.

Cost Estimate
The cost estimate for the scope of work, described above and dated November 16, 2022, is $85,728.50 (see attached cost estimate spreadsheet).

DocuSign Envelope ID: CF969FD0-59C6-4216-8F4A-C088852F5BD5 Waterways
$275.00 $135.00 $135.00 $150.00 $165.00 $150.00 $150.00 $135.00 $190.00 $165.00 $295.00 Task 1: Project Management and Maintenance Plan Description Task 1.1a Project Management and Coordination 14.0 2.0 2.0 14.0 4.0 $ 7,340.00 Task 1.2a Meetings with City Staff and Stakeholders 6.0 6.0 6.0 4.0 $ 3,370.00 Hours Subtotal 14 6 0 0 2 8 20 0 8 0 0
Task 1 Subtotal $3,850.00 $810.00 $0.00 $0.00 $330.00 $1,200.00 $3,000.00 $0.00 $1,520.00 $0.00 $0.00 $ - $10,710.00 Task 2: Technical Studies
Task 2.1a Jurisdictional Delineation of Aquatic Resources 8.0 2.0 80.0 4.0 $ 14,130.00 Task 2.2a Feasiibility Study 24.0 24.0 44.0 40.0 40.0 $ 33,960.00 Task 2.3a Biological Assessment 1.0 4.0 2.0 30.0 30.0 20.0 $ 12,905.00 Task 2.4a Cultural and Historical Resources Assessment 1.0 $ 10,000.00 $ 10,275.00 Hours Subtotal 2.0 0 0 12 4 134 58 20 44 40 40
Task 2 Subtotal $550.00 $0.00 $0.00 $1,800.00 $660.00 $20,100.00 $8,700.00 $2,700.00 $8,360.00 $6,600.00 $11,800.00 $ 10,000.00 $71,270.00 SUBTOTAL TASKS $4,400.00 $810.00 $0.00 $1,800.00 $990.00 $21,300.00 $11,700.00 $2,700.00 $9,880.00 $6,600.00 $11,800.00 $ 10,000.00 $81,980.00 Subconsultant Markup (5%) $50 $1,065 $585 $135 $494 $330 $590 $500 $3,749 TOTAL $85,728.50
Kate Elliott
Project Director
Erin McGinty
Sr Wildlife Biologist/
Project Manager
Melia Greene
Bioloigst
Justin Davilla
Senior Ecologist
William Davilla
Principal
Randy Deodat
GIS Specialist
EcoSystems West
Brent Zacharia
Engineer
2-Person Survey
Crew
Lindsey Messner
Tech Editor
Alec Barton
Planner
Albion
Salinas Creeks and Wetlands Maintenance Plan and Mitigation and Enhancement Program (November 16, 2022) Cultural Resources
Task Description
Fee
Harris & Associates
Matt Weld
Principal Engineer

STAFF HOURS
11/16/2022
DocuSign Envelope ID: CF969FD0-59C6-4216-8F4A-C088852F5BD5

Page 1 of 2 ends

Version: November 2022
AGREEMENT —AMENDMENT NO. 1 TO

AGREEMENT FOR PROFESSIONAL SERVICES FOR ENVIRONMENTAL CONSULTANTS/CONTRACTORS

BETWEEN

HARRIS AND ASSOCIATES AND CITY OF SALINAS
This Amendment No. 1 to the Agreement for Professional Services (the “Amendment”) is entered into this 24th day of October 2023, by and between the City of Salinas (the “City”) and Harris and Associates, (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 an Agreement for Professional Services for Environmental Consultants/Contractors effective December 22nd, 2022, 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 include additional scope of services provided by Consultant and to reflect the revised compensation to be paid to Consultant.

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

TERMS
l. The Agreement, 1. Scope of Service section, is amended and restated in its entirety as follows:

1. Scope of Service. The project contemplated and the scope of Consultant’s services are described in Exhibits B and B1, attached hereto and incorporated herein by reference.

II. The Agreement, 3. Compensation section, is amended and restated in its entirety as follows:

2. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation set forth in Exhibits B, and B1. The total amount of compensation to be paid under this Agreement shall not exceed three hundred sixty‐three thousand eight hundred sixty eight dollars ($363,868).

III. 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.

DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366

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Version: November 2022
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
___________________________________
Jim Pia, Interim City Manager
APPROVED AS TO FORM:
___________________________________
□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney

HARRIS AND ASSOCIATES
____________________________________
Frank Lopez
Principal‐in‐Charge, Harris and Associates, Inc.

DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 1 MEMORANDUM
To: Brian Frus, P.E., Senior Engineer, City of Salinas
From: Kate Elliott and The Harris Team
RE: Scope of Work for the Salinas Creeks Flood Control Project (Phase II) Date: September 28, 2023 (updated October 6, 2023)
Introduction
The Harris Team (Harris & Associates, EcoSystems West Consulting Group, Albion Environmental, and Waterways Consulting, Inc.) will assist the City of Salinas (City) with the Salinas Creeks Flood Control Project1 (Project), including flood control management, mitigation, and habitat enhancement of Gabilan Creek and Natividad Creek.

During Phase I of the Project, Waterways’ Feasibility Study identified critical locations along Gabilan and Natividad Creeks to target for flood control actions, including sediment removal, construction of an alternate main channel for Natividad Creek, and bank slope stabilization and reconstruction of Gabilan Creek (Figure 1).

These key locations include:
• A reach of Gabilan Creek located along Coventry St and Independence Blvd where Waterways proposes that aggraded sediment be removed.
• A lower reach of Gabilan Creek near the Constitution Soccer Complex and First Tee Monterey County where Waterways proposes that the creek bank be laid back to repair the incised channel and stabilize the embankments; and
• A reach of Natividad Creek in upper Natividad Creek Park, immediately south of Boronda Rd, where Waterways proposes that an alternate channel be constructed to allow for on-going access and sediment removal without impacting the existing creek channel or riparian vegetation.

Proposed flood control actions also include the removal of aggraded sediment under the Boronda bridges over both creeks and on-going maintenance, as needed, to ensure the creeks retain their flood capacity to protect public safety. Together, these activities constitute the proposed Project. To facilitate 2025 Project implementation, the Harris Team will perform the following tasks during Phase II:

1. Project Management and Project Description

2. Technical Studies to Support Project Permitting

3. CEQA Compliance/Documentation

4. Regulatory Compliance/Permitting

5. Natividad Creek and Gabilan Creek Maintenance Plan and Conceptual Mitigation Plan

6. Concept Level, 65%, and 100% Design Plans
During Phase II, the Harris Team will draft a detailed Project Description describing proposed flood control actions. Waterways will develop Conceptual Designs and Engineering Design Plans for the Project and the Harris Team will focus aquatic, biotic, and cultural resources assessments on the specified locations (Project Areas) identified during Phase I. The Project Description, plans and assessments will provide the basis for project permitting, conceptual mitigation, and inform future maintenance activities. 1 This discrete Project is part of the City of Salinas Creeks and Wetlands Maintenance Plan and Mitigation and Enhancement Program.

Exhibit B-1
DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 Task 1. Project Management/Detailed Project Description Task 1.1 – Project Management and Coordination
The Harris Team will continue to work closely with the City to meet the City’s needs for flood control (sediment management and maintenance), mitigation, and habitat enhancement. Our primary goal for Task 1.1 will be to effectively track Project meetings (including meetings with project stakeholders, Task 1.2), tasks, timelines, and schedule to ensure cost effectiveness and efficiency at accomplishing Project goals to move the Project to implementation. The Harris Team will prepare the detailed Project Description for review by the City (Task 1.3) as the Project advances toward Permitting (Task 4).

Task 1.2 – Meetings with City Staff and Stakeholders
The Harris Team will meet with City Staff to define current and future maintenance practices that the City performs/will perform within the creeks, wetlands, and Natividad Detention Basin. Maintenance Plan actions may include, but are not limited to, flood management/sediment control, bank stabilization, erosion control, outfall structure maintenance and repair, flood gate maintenance and repair (coordinate with NPDES program), culvert maintenance, repair and replacement, and vegetation management.

The Harris Team will conduct follow-up meetings with potential stakeholders listed below to identify opportunities for coordination and partnership.

Municipal discharges of stormwater and non-stormwater from all municipal separate storm sewer system (MS4) discharge points within the City’s boundaries are subject to waste discharge requirements under Order R3-2019- 0073 and NPDES as issued by the Central Coast Regional Water Quality Control Board for the period October 1, 2019 through September 30, 2024. These MS4 discharges are regulated under Section 402 of the Clean Water Act (CWA) as well as Porter-Cologne Water Quality Control Act and other applicable state, federal, and regional regulations.

The creeks within the City’s jurisdiction and the Salinas River are considered receiving waters for municipal discharges and, as such, under the NPDES MS4 Program, are subject to the City’s Pollutant Load Reduction Plan (PLRP), Stormwater Resource Plan (SRP), List of Structural Best Management Practices (BMPs)2 , and
Maintenance Plan for MS4 components (for both the conveyance system and structural BMPs).

Only features that are in federal jurisdiction are in need of additional permitting for impacts associated with flood control and other maintenance activities. The Harris Team will clearly define the features and activities already covered under existing NPDES permit and identify potential overlap and interaction between NPDES maintenance activities and those activities proposed for flood control and other preventative maintenance. 2 Structural BMPs are infrastructure/facilities that are constructed or installed to prevent pollutants in storm water runoff from leaving a developed property, entering storm drains, and impacting our local waterways, and include sediment basins, vegetated swales, and other types of catchments. All types of structural BMPs require regular inspection and maintenance to ensure that they are operating effectively, so the City maintains all of their existing sediment basins and some creeks under the maintenance requirements of the NPDES permit.

DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 Salinas Community Development for Future Growth Area (Central Area Specific Plan and East Area Specific Plan) The Harris Team will schedule follow-up meetings with City planners and review existing Specific Plan documents to identify opportunities for mitigation with the future Growth Area footprints and to address sedimentation as it enters the proposed future boundary of the City limits - i.e. to modify proposed land use boundaries and/or to work within the proposed open space boundaries along the hydrologic flood plains of Gabilan Creek and Natividad Creek for sediment capture, to better capture sediments and consolidate future maintenance activities.

Big Sur Land Trust Carr Lake Project
The Harris Team proposes that a portion of mitigation for impacts associated with City’s Maintenance Plan activities include a partnership with the Big Sur Land Trust. The Big Sur Land Trust owns 73 acres within Carr Lake and has 90% design plans to create a multi-benefit central park that will include ecological restoration, water quality improvement and flood control. The Harris Team had an initial meeting with the Big Sur Land Trust to discuss a partnership in restoration as a component of mitigation. As we refine the Maintenance Plan and the City’s specific needs for mitigation, the Harris Team will continue to work with the Big Sur Land Trust to specify the City’s potential contribution to ecological restoration in Carr Lake. 2019 Storm Water Resource Plan for the Greater Monterey County Integrated Regional Water Management Region
The Harris Team has reviewed background documentation on flood management, water quality, and various existing and proposed plans and programs to address sedimentation and restore and enhance the region’s watersheds. Much of this documentation is summarized in the 2017 and 2019 Storm Water Resource Plan (updated 2021).

City of Salinas Recreation and Community Service Department The Harris Team had two meetings with City of Salinas Recreation and Community Service Department (Recreation Department). The Recreation Department has agreed to the construction of the new channel orientation in Natividad Park, while preserving the existing disc golf course. The Harris Team will continue to work with the Recreation Department to discuss acreage requirements for Natividad Creek channel construction, Conceptual and Final Design Plans, and habitat enhancement opportunities.

Monterey County Resource Conservation District and the Natural Resources Conservation District The Monterey County Resource Conservation District (RCD) and the Natural Resources Conservation Service (NRCS) have existing programs to work with farmers to voluntarily protect water quality. In addition, the RCD has established programs to restore aquatic features and riparian habitats. Harris has worked with the City and the RCD to develop a draft contract for the provision of services by the RCD to the City. Where applicable, the following RCD programs can be incorporated into the enhancement plan.  Farm and Ranch Runoff. The RCD and the NRCS assist local land managers with conservation practices to manage farm runoff to protect water quality through “slow the flow” techniques and practices including:
• permanently vegetated borders along fields (filter strips), • vegetated ditches and constructed wetlands (vegetated treatment systems), • water and sediment basins, and
• grade stabilization, gully repair, streambank protection, and erosion control.

Permitting resource agencies typically favor actions that address the problem at its source and thereby provide larger on-going benefits to ecological resources and reduce overall ongoing maintenance activities.

DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 The Central Coast Regional Water Quality Control Board (Regional Board) has indicated that efforts to reduce creek sediments before entering the City limits should be explored, and may be formal permit conditions. This element will necessitate further coordination with the RCD, the NRCS, and with relevant land managers. With the City’s approval, EcoSystems West will work with the RCD and the NRCS to identify mechanisms for implementing this aspect of the enhancement plan, such as an in-lieu fee program, whereby a portion of mitigation for impacts within the City limits would be offset by funding this off-site program.

Task 1.3 – Draft and Final Detailed Project Description Harris & Associates and EcoSystems West will continue to work with the City to prepare the Detailed Project Description. The Detailed Project Description includes an overview of the creeks and creek-related resources within City boundaries, a description of the existing maintenance activities, proposed flood control actions (Project), and anticipated future maintenance. Waterways has identified three locations for flood control construction activities that will include sediment removal, construction of an alternate flow channel, and bank slope stabilization and reconstruction (Figure 1). These key locations include:
• An upper reach of Gabilan Creek located along Coventry St and Independence Blvd, • A lower reach of Gabilan Creek near the Constitution soccer complex and First Tee Monterey County, and • A reach of Natividad Creek in Natividad Creek Park.

The Detailed Project Description will be developed in compliance with existing regulatory requirements and guidance documents (e.g., NPDES programs, relevant City planning documents), as determined in coordination with the City. The Detailed Project Description will identify future maintenance activities based on hydrologic analysis, proposed mitigation and enhancement sites, the type of feature proposed, construction requirements, and a descriptive overview of the activities required to maintain these features. These activities would be subject to approval by the relevant regulatory agencies and would be developed in consultation with the agencies, which are anticipated to include the US Army Corps of Engineers (USACE), California Department of Fish and Wildlife (CDFW), and Central Coast Regional Water Quality Control Board (Regional Board or RWQCB).

Task 1 Meetings, Deliverables, and Assumptions:
o The Harris Team will attend up to 4 field meetings with City personnel to discuss the City’s current and future maintenance activity needs.
o With City approval, the Harris Team will attend up to 3 meetings with Project stakeholders to identify opportunities to avoid, minimize, and mitigate for potential impacts associated with the Project. o This scope assumes that the partnerships and coordination with other stakeholders will be developed to a viable conceptual level, which will be further developed as part of the Conceptual Mitigation Plan (Task 5).
o The Harris Team will prepare the Draft and Final Project Description for City. This scope assumes there will be one round of review of the draft Project Description (Task 1.3), the City will provide one set of consolidated comments, and the comments will not require major changes to the document.

Task 2. Technical Studies
Technical assessments and studies will be prepared for aquatic resources, biological resources, and cultural resources, as well as hydrologic and hydraulic analysis, to provide the scientific basis for the permitting process, and to allow the Harris Team to provide a quantitative impact assessment to the regulatory agencies. The technical studies also enable us to work with the City to minimize impacts through careful design of current and future maintenance activities, and to identify suitable locations for mitigation and enhancement.

DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 Task 2.1 – Assessment of Aquatic Resources
During Phase I, a reconnaissance assessment of aquatic resources was conducted for the Project. During Phase II within the Project Areas identified for flood control activities, the wetlands specialist will map aquatic features and collect sample points at representative locations.

Waters and wetlands (aquatic resources) of the U.S. are protected under the federal Clean Water Act (CWA), and impacts to these resources require mitigation. An aquatic resources delineation determines the extent of wetlands and waters of the U.S. within the City’s defined Maintenance Plan areas and will be submitted to the US Army Corps of Engineers (USACE) during permitting. An aquatic resource delineation is valid for 3 years following verification by the USACE (with subsequent renewal possible).

EcoSystems West will map the relevant aquatic features and adjacent habitats using ArcGIS and resource-grade GPS. Waterways and EcoSystems West will identify and map the Ordinary High Water Mark (OHWM) of the creeks and wetland boundaries to determine the jurisdiction of the USACE. EcoSystems West will delineate the break in bank and/or boundary of the riparian habitat to determine the jurisdiction of the Regional Board and CDFW. These boundaries will be depicted in ArcGIS shapefiles, geodatabase, and maps.

EcoSystems West will prepare a draft aquatic resources delineation report for the proposed Project Areas within Natividad Creek and Gabilan Creek. This delineation of wetlands and “other waters” of the U.S. would be prepared using protocols outlined in the USACE Wetlands Delineation Manual (Environmental Laboratory 1987) and the Regional Supplements to the Corps of Engineers Wetland Delineation Manual: Arid West Region, Version 2.0 (Environmental Laboratory 2008). The USACE defines three criteria to delineate wetlands: (1) hydrophytic vegetation, (2) wetland hydrology, and (3) hydric soils. The OHWM is defined as “that line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.” The draft of the delineation report would be submitted to the City for review, comment, and approval prior to submittal of the final report to the USACE.

Task 2.1 Meetings, Deliverables, and Assumptions:
o GIS files and maps of aquatic features and riparian habitat subject to maintenance activities within the City’s boundaries.
o Draft and final Aquatic Resources Delineation for Natividad Creek and Gabilan Creek. o EcoSystems West will attend one (1) meeting in the field with USACE personnel, as needed, to confirm the aquatic resources delineation.

Task 2.2 –Hydrologic and Hydraulic Modeling (See also Waterways Scope of Work and Cost Estimate)
Waterways will perform a hydrologic analysis of the project areas and a hydraulic model of the channel and floodplain. These studies will inform design geometry and channel and bank treatments. A FEMA-certified norise analysis of the 100-year floodplain will also be conducted to demonstrate the project will not increase flood heights in the surrounding areas.

Task 2.2 Deliverables and Assumptions:
o Hydrologic and Hydraulic Modeling
o GIS Files and Maps of Relevant Data
o Mapping/Modeling of the OHWM
DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 Task 2.3 – Biotic Assessment
A biotic assessment, which characterizes the biological resources within the proposed Project Areas is required for regulatory compliance and will be submitted to the City, USACE [which may consult with US Fish and Wildlife Service (USFWS) if federal Endangered Species Act (FESA)-listed species are present], Regional Board, the California Department of Fish and Wildlife (CDFW) during the permitting process.

The Harris Team will sensitive biological resource data from USFWS, CDFW, California Natural Diversity Database (CNDDB); and other recognized lists of sensitive resources focusing on the specified Project Areas. Additionally, the team has communicated with other local experts about occurrences of sensitive wildlife species, including federally Threatened California red-legged frog (CRLF) that have not been recorded in official databases. Based on this research and these sources, we will develop target lists of sensitive plant and wildlife species with potential to occur in the City’s maintenance areas.

The biotic assessment will describe the biological resources present or potentially present in Natividad Creek and Gabilan Creek. The biotic assessment will include a discussion of existing habitat conditions, documented occurrence of sensitive species in the maintenance areas, potential impacts, and measures to avoid, mimimize, or mitigate for adverse impacts.

The Harris Team will use resource grade-GPS and ArcGIS to map sensitive habitats adjacent to aquatic features.

All biological resources will be presented in detailed maps or mapbooks. The mapbooks will also depict potential impacts and inform protective measures as well as the development of the Conceptual Mitigation Plan (Task 5) and Conceptual and Engineering Design Plans (Task 6).

A draft of the biotic assessment will be submitted to the City for review, comment, and approval prior to submittal to the agencies.

Task 2.3 Deliverables and Assumptions:
o Draft and Final Biotic Assessment for Natividad Creek and Gabilan Creek. o Map/s of Biological Resources (sensitive habitats, plants, wildlife species, and wildlife movement). o This scope assumes that there will be one round of review of the Draft Biotic Assessment, the City will provide one set of consolidated comments, and the comments will not require major changes to the document.

Task 2.4 – Cultural and Historical Resources Report
Maintenance activities that fall under the jurisdiction of the USACE (and are subject to Section 404 of the Clean Water Act) also must comply with Section 106 of the National Historic Preservation Act (NHPA) through consultation with the State Historic Preservation Officer (SHPO) and Native American tribes.

The Harris Team will identify and map the Project Area [Area(s) of Potential Effect (APE)], on which direct ground disturbance may occur. The APE boundaries will define the limits of cultural resources studies including background research, an updated records search, tribal outreach, and field survey. Albion Environmental will assess whether any cultural and historic built resources are located directly in or adjacent to the areas of proposed ground disturbance.

Albion’s background research will include conducting a cultural and historic resources records search at the Northwest Information Center (NWIC), requesting information related to Native American resources from the Native American Heritage Commission, and any Native American contacts that are identified by the Commission, DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 reviewing historical maps and documents, and conducting a desktop geoarchaeological review of local soil conditions for evidence of potential buried cultural resources. When possible, the results of these efforts will be used to help guide ground disturbing activities that may impact known cultural resources or refine proposed work in areas that have been identified as sensitive for supporting cultural resources.

The results of Albion’s study will be compiled into a technical report to be used for regulatory compliance. The report will contain an abstract, introduction, natural and cultural context, results of background research, results of Tribal outreach, field methods, survey results, summary and discussion of cultural resource sensitivity for the APE, and if needed, recommendations for additional work needed to complete requirements under NHPA regulations. The report will also include completed site records for any sites or isolates identified during survey.

See also Albion Scope of Work and Cost Estimate (Attachment C).

Task 2.4 Deliverables and Assumptions:
o Draft and Final Cultural Resources Report
o Outreach letters to Native American stakeholders
Task 3. CEQA Compliance/Documentation
In compliance with the requirements of the California Environmental Quality Act (CEQA), Harris will prepare the appropriate CEQA documentation for the Plan. We will first explore the use of an exemption from CEQA. If the plan does not meet the requirements for an exemption, an initial study/mitigated negative declaration (IS/MND) would likely be required.

Task 3.1 – CEQA Exemption
The Harris team in coordination with the City will explore the use of the following exemptions.

Categorical Exemption – Minor Alterations to Land (CEQA Guidelines 15304). Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. Examples include but are not limited to:
• Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and local regulatory agencies (g).

Task 3.1 Deliverables and Assumptions:
o Draft and Final Notice of Exemption with Supporting Documentation o For the purposes of this scope of work and cost estimate, it is assumed that an exemption applies.

However, the appropriate CEQA documentation will be determined once the detailed Project Description is complete.

DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 Task 3.2 – Optional: CEQA Initial Study/Mitigated Negative Declaration (If Needed) If an exemption does not apply, the Harris team will prepare an IS/MND that evaluates the following environmental topics, in accordance with the State CEQA Guidelines, Appendix G, and relevant regulations.

Aesthetics
Agriculture and Forestry Resources
Air Quality
Biological Resources
Cultural Resources
Energy
Geology and Soils
Greenhouse Gas Emissions
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use and Planning
Mineral Resources
Noise
Population and Housing
Public Services
Recreation
Transportation
Tribal Cultural Resources
Utilities and Service Systems
Wildfire
Mandatory Findings of Significance
This task also includes preparing the Notice of Intent (NOI) to adopt an MND and the Notice of Completion (NOC), as well as filing the notices with the County Clerk and State Clearinghouse, respectively. This scope assumes that the City will be responsible for additional distribution and noticing requirements (e.g., newspaper, onsite posting) in accordance with City and CEQA requirements.

Following the 30-day public review period, Harris will review and respond to comments received on the IS/MND in memorandum format for City consideration and for the administrative record. If comments identify errors or other necessary changes to the IS, we will prepare a revised IS, along with the final MND.

CEQA does not require formal responses to comments, preparation of a final document with comments/responses, nor a public hearing during the 30-day review period for an IS/MND. Therefore, these items have not been included in the scope. However, CEQA does require that the City notify the commenting agencies in writing of any public hearing to be held for the Plan at least 10 days in advance, and it is recommended the City provide responses to the agency comments as part of this notice. The response memorandum we prepare can be used for this.

Additionally, we will prepare the Mitigation Monitoring and Reporting Program (MMRP) in tabular format, in coordination with the City to determine appropriate monitoring/reporting responsibilities. The MMRP will include all mitigation that has been identified in the IS/MND, in additional to avoidance and minimization measures and Best Management Practices (BMPs) include in the Plan description.

Finally, once the City has approved the MND and voted to approve the Plan, we will prepare the Notice of Determination (NOD) and submit it to the County Clerk and State Clearinghouse. The NOD must be filed within five working days of the City’s approval on the Plan to initiate a 30-day statute of limitations for legal challenge of the MND. The costs for the County Clerk and California Department of Fish & Wildlife (CDFW) MND filing fees, which must be paid upon filing the NOD with the County Clerk, are not included in this scope.

DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 Optional Task 3.2 Deliverables and Assumptions:
o Draft and Final IS/MND (electronic format)
o MMRP (electronic format)
o NOI, NOC, NOD to file with the County Clerk and State Clearinghouse. o This scope assumes that there will be one round of review of the Draft IS/MND, the City will provide one set of consolidated comments, and the comments will not require major changes to the document. o Harris will be responsible for submitting the IS/MND electronically to the State Clearinghouse, providing an electronic copy to the City for posting on the City website, and for filing the notices (NOI, NOC, NOD) with the County Clerk and State Clearinghouse.
o The City will be responsible for printing and distributing any hard copies; additional noticing (e.g., distribution of the NOI, newspaper notice) in accordance with CEQA requirements; and for paying the County Clerk and CDFW filing fees for an MND.
o For the purposes of this scope of work and cost estimate, it is assumed that an exemption applies.

However, the appropriate CEQA documentation will be determined once the draft plan is complete. If it is determined that an IS/MND is required, a detailed cost estimate will be provided.

Task 4. Regulatory Compliance/Permitting
This regulatory compliance/permitting task includes on-going consultation with the agencies, the preparation of permit application packages, and additional agency coordination/consultation to finalize permit requirements.

For one-time sediment removal, EcoSystems will utilize the hydrologic and hydraulic modeling conducted by Waterways (Task 2.2) to identify impacts associated with construction activities (sediment removal, construction of an alternate flow channel, and bank slope stabilization and reconstruction) to restore flood capacity in each creek. We will also calculate on-going impacts associated with new proposed maintenance regimes.

Task 4.1 – On-Going Agency Consultation to Further Refine Permitting Strategy and Development Mitigation and Enhancement
The Harris Team will coordinate with the agencies in advance to facilitate permit approval for the actions proposed in the project such that the City will comply with the federal Clean Water Act, federal and state Endangered Species Acts, National Historic Preservation Act, and Fish and Game Codes.

Once the permit applications and reports are submitted to the agencies [USACE (USFWS, NOAA Fisheries, SHPO), Regional Board, and CDFW] (Task 4.2 below), there is typically additional agency coordination and information required to finalize and obtain the permits.

To date, Harris and EcoSystems West have had several communications with the resources agencies regarding the proposed project and agency requirements for avoidance, minimization, and mitigation.

The Harris Team will continue to coordinate with the agencies regarding mitigation, monitoring, and adaptive management requirements to offset impacts from implementation of the Project. The Conceptual Mitigation Plan (Task 5.2) would be developed in conjunction with the regulatory agencies.

Task 4.1 Deliverables and Assumptions:
o After permit application submittal, Harris will provide regular email updates to the City. o This scope assumes that the agencies will not require major changes to the permit packages, other than the refinement of the Conceptual Mitigation Plan. In the event that additional coordination is determined to be necessary (e.g. if it is determined that a more developed Habitat Mitigation and Management Plan is required by the agencies), a scope and budget augment would be requested.

DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 Task 4.2 Permit Packages
Impacts to natural resources associated with Project implementation (including impacts that occur within the 100-year flood elevation to riparian habitats, wetlands, and other biological resources) require regulatory compliance with CWA Section 404 (USACE), CWA Section 401 (Regional Board), and California Fish and Game Codes (CDFW).

US Army Corps of Engineers (USACE)
This task includes preparation of the relevant USACE permit application form with a detailed description of the Project and permanent and temporary impacts to waters of the U.S. The figures for this report will be prepared using Engineering Design Plans for flood control actions. The Aquatic Resources Delineation (Task 2.1) will illustrate the type and extent of aquatic resources, including creeks and wetlands, within the Project Areas. The Harris Team will depict impacts to aquatic resources by overlaying Engineering Design Plans onto the aquatic resources shape files using ArcGIS.

The permit package will include the Aquatic Resources Delineation report (prepared in Task 2.1), the Biotic Assessment (prepared in Task 2.3), and the Cultural and Historical Resources report (prepared in Task 2.4). A draft application package will be submitted to the City for review, comment, and approval prior to submittal to the USACE.

US Fish and Wildlife Service (USFWS)
If adverse effects to federally-listed species or critical habitat may occur, the USACE would initiate consultation with USFWS pursuant to Section 7 of the FESA. Our qualified biologists will prepare sufficient documentation, with a thorough review of federally-listed species and/or habitats present at or near the Project Areas, for submittal to the USACE for formal consultation with USFWS.

Regional Water Quality Control Board (Regional Board)
A Section 401 Water Quality Certification (WQC) must be obtained from the Regional Board for impacts to wetlands, waters of the U.S. and/or waters of the state. Therefore, this task includes preparing an application for WQC/WDR, as appropriate, for submittal to the Regional Board that would be based, in large part, on the information developed for the USACE permit application.

The application package will include a cover letter, description of existing conditions, discussion of impacts to aquatic features (including riparian habitat), description of avoidance and minimization measures, and a completed application form. The application package will also include demonstration of CEQA compliance (Task 3) and analysis of impacts to biological resources (Task 2.3). A draft of the WQC/WDR application package would be submitted to the City for review, comment, and approval prior to submittal to the Regional Board. A permit processing/filing fee will be required from the City at the time of application submittal. The fee amount will be based on the extent of temporary and permanent impacts.

California Department of Fish and Wildlife (CDFW)
The CDFW has jurisdiction over creeks below the break-in-bank and/or associated riparian habitat that may be impacted by project activities. As such, this task includes preparing an application for a Lake and Streambed Alteration Agreement (LSAA) pursuant to Section 1602 of CFGC. The application would include a cover letter, standard notification form, CEQA compliance (Task 3), and other necessary attachments (wetland delineation, figures, plans, biological assessment (Task 2.3). A draft of the LSAA application package will be submitted to the City for review, comment, and approval prior to submittal to CDFW. An application filing/processing fee will be required from the City at the time of application submittal. The fee amount is based on the cost of the proposed work in CDFW’s jurisdiction.

DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 Task 4.2 Deliverables and Assumptions:
o Permitting packages for USACE (and USFWS), Regional Board, and CDFW regulatory compliance. o This scope assumes that, for each permitting package, there will be one round of review, the City will provide one set of consolidated comments, and the comments will not require major changes to the permitting package.
o All permit fees will be paid by and provided directly from the City to regulatory agencies. o This task does not include any site visits with agency personnel, although the scope may be amended to include these meetings, if requested by the City and/or agencies.

Task 5. Natividad Creek and Gabilan Creek Maintenance Plan and Conceptual Mitigation Plan
The Harris Team will work with the City to develop a plan for future maintenance activities necessary to retain flood control within Natividad Creek and Gabilan Creek (a component of the Project). In addition, we will draft a conceptual plan to mitigate for impacts associated with all aspects of the Project, including proposed flood control actions and future maintenance activities.

Task 5.1 Natividad Creek and Gabilan Creek Maintenance Plan Future maintenance activities will likely be required to retain flood capacity within Natividad Creek and Gabilan Creek to protect public safety. The Maintenance Plan will include a descriptive overview of the activities required to maintain these features, ideally at discrete accessible locations designed to capture sediments.

These activities would be subject to approval by the relevant regulatory agencies including USACE, CDFW, and the Regional Board. The overall goal of the Project is to reduce the need and increase the interval for on-going maintenance. The Harris Team will work with the City to develop a feasible future maintenance plan.

Task 5.2 Prepare Conceptual Mitigation Plan (or Habitat Mitigation and Monitoring Plan) Implementation of the Project (flood control actions, one-time sediment removal and on-going maintenance activities) will require a Conceptual Mitigation Plan to compensate for impacts to aquatic resources and adjacent riparian habitats. Task 5 may include coordination with other stakeholders and programs including:
• City Community Development (Future Growth Area),
• RCD and the NRCS,
• Monterey County farmers,
• Big Sur Land Trust (Carr Lake Project), and
• City NPDES permit programs.

Substantial comprehensive work has been done over a period of many years to describe and analyze regional, County-wide, and City-wide aquatic resources, stormwater, pollution, and sediment loads in the City and Monterey County, and in the Salinas River watershed. Our goal is to avoid duplication of efforts, to draw upon the resources developed to date, and take advantage of existing programs that could improve efficiency and reduce costs. To that end, the Conceptual Mitigation Plan includes the following components:

A) Flood Control Actions Conceptual Designs and Engineering Design Plans (Task 6); B) Habitat Restoration/Enhancement within the City limits, including possible partnership and/or funding through in lieu fees with the Big Sur Land Trust and/or other identified stakeholders; and C) Sediment Load Reduction through coordination with identified stakeholders and funding through possible in lieu fees for other existing/proposed programs including both off-site (outside of the City limits) and within the Future Growth Areas.

DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 To this end, the Conceptual Mitigation Plan would include the following sections:
 Project Description (Task 1), including existing flood management/sediment control; bank stabilization; erosion control; and future proposed maintenance actions required to maintain flood control.  Summary of Hydrologic and Hydraulic Modeling.
 Ecological enhancement opportunities within City creeks and wetlands.  Improve the flood capacity of City creeks, the Salinas Stormwater Outfall, and Natividad Detention Basin by:
• managing sediments before they enter the City limits through existing programs and new programs in coordination with the City’s NPDES permit programs, the City’s Future Growth Area, County, the RCD, NRCS, Monterey County farmers and other adjacent neighboring landowners (as feasible), Central Coast Wetlands Group (Gabilan Flood Plain Enhancement Project), Big Sur Land Trust (Carr Lake Project), and other stakeholders;
• identification of locations for flood control management features and critical locations that can be maintained/cleared on a regular basis;
• identification of channel recontouring locations;
 Reduce pollution in City creeks using natural vegetative treatment filtration systems such as bioswales positioned at key locations.
 Enhance ecological functions and values of aquatic and riparian habitat in creek corridors and wetlands through invasive species removal, and native plant restoration compatible with flood management objectives (i.e., this would not include planting willows in flood corridors).  Improve in-stream and near-stream infiltration/percolation of surface flows into the aquifer through design where possible.
 Manage open spaces adjacent to creeks and wetlands to improve the community benefits of the creeks and riparian corridors, and to deter unregulated encampments and the associated potential impacts on public safety (including fire prevention), water quality, and on the ecological integrity of the City’s creeks and wetlands.

Task 5 Deliverables and Assumptions:
o Up to three (3) meetings with City personnel to discuss Maintenance Plan and Mitigation Plan goals o The Harris Team will attend meetings partners to further coordinate and develop agreements to avoid, prevent, minimize, and mitigate for potential impacts associated with the Project (Task 1) o Draft and Final Maintenance Plan (electronic format)
o Draft and Final Conceptual Mitigation Plan (electronic format) o This scope assumes that meetings with partners will not exceed six (6) total hours. In the event that additional coordination is determined to be necessary, a scope and budget augment would be requested.
o This scope assumes that there will be one (1) round of review, the City will provide one set of consolidated comments, and the comments will not require major changes to the program.

Task 6. Flood Control Design Plans
Based on the Feasibility Study conducted during Phase I, Waterways has identified design features and proposed actions so that maintenance (sediment and vegetation removal) would occur in discrete locations to improve maintenance efficiency, reduce maintenance costs, and reduce on-going impacts to the City’s creeks. Features and actions will include but are not limited to:
• An upper reach of Gabilan Creek located along Coventry St and Independence Blvd • A lower reach of Gabilan Creek near the Constitution soccer complex and First Tee Monterey County; and • A reach of Natividad Creek in Natividad Creek Park.

DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 Waterways will prepare conceptual designs, and 65% and 100% engineering design plans. See also Waterways Scope of Work and Cost Estimate (Attachment B).

Task 6 Deliverables and Assumptions:
o Up to three (3) meetings with City personnel to discuss proposed features and designs o Conceptual Plans (electronic format)
o 65% and 100% Engineering Design Plans
o This scope assumes that there will be two (2) rounds of review for conceptual plans and three (3) rounds of review for engineering design plans.

Cost Estimate
The cost estimate to conduct the work described above is $278,139.00 (Attachment A).

Attachments
A, Cost Estimate
B, Waterways Consulting
C, Albion Environmental
DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 $280.00 $145.00 $155.00 $155.00 $170.00 $160.00 $160.00 $135.00 $190.00 $140.00 $130.00 $210.00 Task 1: Project Management and Maintenance Plan Description Task 1.1 Project Management and Coordination 26.0 24.0 8.0 36.0 32.0 12.0 $ 26,160.00 Task 1.2 Meetings with City Staff and Stakeholders 24.0 . 24.0 24.0 8.0 $ 15,920.00 Task 1.3 Draft and Final Maintenance Plan Description 24.0 2.0 4.0 8.0 12.0 4.0 $ 11,610.00 Hours Subtotal 74 0 2 4 24 40 72 0 44 12 0 0
Task 1 Subtotal $20,720.00 $0.00 $310.00 $620.00 $4,080.00 $6,400.00 $11,520.00 $0.00 $8,360.00 $1,680.00 $0.00 $0.00 $ - $53,690.00 Task 2: Technical Reports
Task 2.1 Jurisdictional Delineation of Aquatic Resources 8.0 2.0 56.0 4.0 8.0 $ 12,700.00 Task 2.2 Hydrologic and Hydraulic Modeling 20.0 44.0 55.0 58.0 $ 29,290.00 Task 2.3 Biotic Assessment 1.0 40.0 6.0 16.0 2.0 48.0 0.0 8.0 $ 18,590.00 Task 2.4 Cultural and Historical Resources Report 1.0 $ 5,000.00 $ 5,280.00 Hours Subtotal 2.0 40 6 24 4 104 4 8 28.0 44 55 58
Task 2 Subtotal $560.00 $5,800.00 $930.00 $3,720.00 $680.00 $16,640.00 $640.00 $1,080.00 $5,320.00 $6,160.00 $7,150.00 $12,180.00 $ 5,000.00 $65,860.00 Task 3: CEQA Compliance/Documentation
Task 3.1 CEQA Exemption 8.0 16.0 1.0 2.0 2.0 2.0 $ 5,665.00 Task 3.2 Optional: Initial Study/Mitigated Negative Declaration (TBD) $ - Ballpark estimate for Task 3.2 is an additional $35,000 $ - Hours Subtotal 8.0 16 1 2 0 2 2 0 0 0 0 0
Task 3 Subtotal $2,240.00 $2,320.00 $155.00 $310.00 $0.00 $320.00 $320.00 $0.00 $0.00 $0.00 $0.00 $0.00 $ - $5,665.00 Task 4: Regulatory Compliance/Permitting
Task 4.1 Agency Consultation 4.0 16.0 48.0 12.0 20.0 $ - $ 16,000.00 Task 4.2 Permit Packages 32.0 8.0 4.0 16.0 40.0 16.0 $ 17,680.00 Hours Subtotal 0.0 32 0 8 8 32 88 16 12 20 0 0
Task 4 Subtotal $0.00 $4,640.00 $0.00 $1,240.00 $1,360.00 $5,120.00 $14,080.00 $2,160.00 $2,280.00 $2,800.00 $0.00 $0.00 $ - $33,680.00 Task 5: Mitigation and Enhancement Program
Task 5.1 Natividad Creek and Gabilan Creek Maintenance Plan 4.0 4.0 48.0 32.0 16.0 20.0 $ 20,500.00 Task 5.2 Conceptual Mitigation Plan 4.0 16.0 4.0 4.0 48.0 32.0 16.0 $ 19,700.00 Hours Subtotal 8.0 16.0 0.0 8.0 4.0 96.0 64.0 32.0 20.0 0.0 0.0 0.0 Task 5 Subtotal $2,240.00 $2,320.00 $0.00 $1,240.00 $680.00 $15,360.00 $10,240.00 $4,320.00 $3,800.00 $0.00 $0.00 $0.00 $ - $40,200.00 Task 6: Conceptual and Engineering Design Plans (TBD)
Task 6.1 Conceptual Design Plans 4.0 4.0 2.0 58.0 $ 9,670.00 Task 6.2 Engineering Design Plans 8.0 8.0 2.0 126.0 160.0 $ 49,170.00 Hours Subtotal 0.0 0.0 0.0 0.0 0.0 12.0 12.0 4.0 126.0 218.0 0.0 0.0 Task 6 Subtotal $0.00 $0.00 $0.00 $0.00 $0.00 $1,920.00 $1,920.00 $540.00 $23,940.00 $30,520.00 $0.00 $0.00 $ - $58,840.00 Task 7: Salinas Outfall Emergency (RGP 5) Project
Task 7.1 Permitting and Agency Consultation 7 36 18 $ 9,310.00 Hours Subtotal 0.0 0.0 0.0 0.0 7.0 36.0 18.0 0.0 0.0 0.0 0.0 Task 7 Subtotal $0.00 $0.00 $0.00 $0.00 $0.00 $1,120.00 $5,760.00 $2,430.00 $0.00 $0.00 $0.00 $0.00 $ - $9,310.00 SUBTOTAL TASKS 1-7 $25,760.00 $15,080.00 $1,395.00 $7,130.00 $6,800.00 $46,880.00 $44,480.00 $10,530.00 $43,700.00 $41,160.00 $7,150.00 $12,180.00 $5,000.00 $267,245.00 Subconsultant Markup (5%) $340 $2,344 $2,224 $527 $2,185 $2,058 $358 $609 $250 $10,894 TOTAL $278,139.00
Craig Stewart
Engineer
2-Person Survey
Crew
Lindsey Messner
Tech Editor
Harris & Associates EcoSystems West
Alec Barton
Planner/Will
Lawton Biologist
Kate Elliott
Project Director
Erin McGinty Sr
Wildlife Biologist/
Project Manager
Patti Clark/Elena
ScottBioloigst
Justin Davilla
Senior Ecologist
William Davilla
Principal
Randy Deodat
GIS Specialist
Salinas Creeks Flood Control Project (October 6, 2023)
Cultural Resources
Task Description
Fee Matt Weld
Principal Engineer

STAFF HOURS
Waterways
Lovrin
Hydrologist
Albion
10/6/2023
Attachment A
DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 Ecological Restoration Design ~ Civil Engineering ~ Natural Resource Management ______________________________________________________________________________________________________ 509A Swift St, Santa Cruz, CA 95060, Ph: 831‐421‐9291 // 1020 SW Taylor St., Ste 380, Portland, OR 97205, Ph: 503‐227‐5979 August 27, 2023
Harris and Associates
Attn. Kate Elliott
450 Lincoln Ave
Suite 103, Salinas CA 93901
Exhibit A: Scope of Services, Job No. 23‐053A, Salinas Sediment Management – Phase 2 Engineering Design
Dear Mrs. Elliott,
Thank you for your interest in our services. Per your request, we prepared the following proposal to provide design consultation services in support of the above referenced project.

Please review the following Scope of Services and attached Budget (Exhibit B). If the scope and budget meet your approval and you wish to proceed, please contact us to discuss preparation of an agreement to authorize our work.

PROJECT UNDERSTANDING
Our project understanding is based on our continued support of the project from a feasibility evaluation perspective. Our staff have attended regular meetings with the project team and City staff to discuss potential scopes of projects, evaluate alternatives, and consider constraints. Our staff have also performed site visits to evaluate existing conditions and better understand the level of investigation and analysis required to successfully complete an engineered design. As part of these evaluations and discussions, we understand that three areas of work have been identified including: 1) an upper reach of Gabilan Creek located along Coventry Street and Independence Boulevard, 2) a lower reach of Gabilan Creek located near the Constitution soccer complex and First Tee – Monterey County, as well as 3) a reach of Natividad Creek in Natividad Creek Park.

The goal of our involvement will be to perform the field investigation and office analysis necessary to ultimately prepare 100% Plans, Specification and Cost estimates for the 3 identified work areas. Our involvement is anticipated to include field topographic mapping, preparation of concept through final designs, completion of hydrologic and hydraulic modeling, and well as attendance in regular progress meetings and other tasks associated with permit support as necessary. We will strive to provide our services in a timely manner, with an understanding of your desire to move quickly to obtain necessary permits.

We understand that significant accumulations of sediment have been identified in the subject work areas. Our analysis and design will be focused on finding a reasonable solution to mitigate these concerns to an acceptable level given the site constraints and costs associated. We note that the fluvial environments subject to the proposed work are highly variable, subject to DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366Attachment B ______________________________________________________________________________________________________ Ecological Restoration Design ~ Civil Engineering ~ Natural Resource Management regular flooding conditions, and that the final designs may require routine maintenance to maintain their intended level of performance.

Our current scope of work does not include the design of utility relocations for underground or overhead utilities which may be affected by the work (e.g., electrical, communications, sewer, gas), as these efforts are not currently anticipated to be required. If utility relocations are required, we can provide this service under an amended agreement.

SCOPE OF SERVICES
Based on our project understanding, we intend to provide the following services:

Task 1 ‐ Project Management, Coordination, and Meetings The task 1 budget covers time spent performing project management and administration duties, including correspondence, coordination, and documentation directly related to our performance of the work. This task effort includes preparation of consultant agreements, invoices, and other related administration. This budget also includes time required for teleconference and site meetings with the project tea.

Meetings
We anticipate 3 site meetings, and 10 remote meetings or teleconferences would be required to complete the work:

Deliverables: Meeting Notes and Monthly Invoices (.pdf) Task 2 – Topographic Mapping
Waterways will survey the project sites and prepare a topographic map, profile & cross section survey of sufficient detail to quantify opportunities and constraints and construction quantities.

Due to the dense vegetation, we do not propose to map all trees within potential work areas that may occur within dense riparian zones. At upper Gabilan, we will identify a limit of disturbance that avoids trees over 6” dbh. At lower Gabilan, we will survey all trees on the right bank (looking downstream) within the proposed work areas that have the potential to be impacted by work. At Natividad, our survey will consist of mapping cross sections at intervals through the dense riparian area. Tress will not be surveyed, as we do not currently anticipate disturbing this area. The topography will be required only in support of hydraulic modeling efforts. Site specific topographic mapping will be supplemented with regional LiDAR data, where necessary.

Mapped data will include
 topography,
 utilities visible above ground,
 existing structures and other improvements,
 trees over 6” diameter, where specified above
 anticipated access and staging areas
DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 ______________________________________________________________________________________________________ Ecological Restoration Design ~ Civil Engineering ~ Natural Resource Management Mapping will be performed with a robotic total station and/or survey grade GPS. Our data collection will be performed by our design team, allowing them to spend valuable time on the ground to obtain familiarity with the site, ground truth mapping products, and focus their effort on features critical to the design.

Cross section mapping will be performed upstream and downstream of the project area, as necessary to construct a complete and accurate hydraulic model of the study area. A long profile will be extended downstream to evaluate the channel slope and condition. High water marks of past floods will be recorded for calibration of the hydraulic model, where evident.

Waterways will establish a network of permanent survey control points in the vicinity of the proposed work. Control points will be established outside of the proposed work areas to ensure they’re retained for future use during construction staking, as‐built mapping, and post‐ construction monitoring, if required. The control network could later be used to provide ties to any existing benchmarks, should this be requested by the Client or reviewing agencies.

Waterways does not perform boundary surveys. However, if existing boundary monuments are identified by the landowner in the vicinity of the project area, we will locate them to allow for approximate orientation of record information as an overlay upon the mapped topography.

Deliverables: topographic basemap (.pdf & .dwg)
Task 3 – Utility Locations
Waterways will contact known utility service providers and obtain available electronic maps of existing utilities in the proposed work areas. These will then be overlain onto out base maps. We assume the City will separately contract a private utility location service to flag/paint or otherwise identify potential utility conflicts in the field. Waterways will coordinate our schedule with the utility locators and perform ground‐based field surveys to record locations for incorporation into our design documents.

Deliverables: Utility layer in Acad (.dwg) format and/or Shapefile Task 4 – Concept Level Designs and Cost Estimates
Waterways develop Concept level Designs and Cost Estimates for the three identified work areas. We anticipate that the alternatives would include grading within the channel and along channel banks and floodplains to remove sediments, lay bank banks, or create overflow paths as future sediment management areas.

The concept level drawings will be sufficiently accurate and complete to determine project layout, impacts, opportunities, constraints and material quantities. The drawings will serve as a basis for preliminary hydraulic modeling and ranking of alternatives. Information to be provided on the Drawings will include:
 Title sheet with location and vicinity maps
 Site overview, access and staging areas;
DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 ______________________________________________________________________________________________________ Ecological Restoration Design ~ Civil Engineering ~ Natural Resource Management  Existing site topography and proposed grading plan, identifying limits of ground disturbance and vegetation removal;
 Typical details, cross sections and profiles;
 Location of relevant structures, streams, and roads
 Location of easements or other restrictions (to be provided by others), and An Engineer’s construction cost estimate will be provided for each alternative, with assumptions defined in the text of the memorandum.

Deliverables: Concept level plans and Preliminary Engineer’s Cost Estimate (.pdf) Task 5 ‐ Hydrology and Hydraulic Modeling
Waterways will perform a hydrologic analysis to determine the peak flow rates at the project site for several return intervals of interest (e.g., 2‐, 10‐, and 100‐year). The work will consist of a flood‐frequency analysis based upon adjacent gauged watersheds or regional regression equation calculations.

Based upon the topographic mapping, Waterways will prepare a hydraulic model of the channel and floodplain through the project extents. The hydraulic model will assist us in estimating the hydraulic parameters such as velocity, depth, and shear forces experienced during design flows.

The results will inform our design approach and be used to explain our methods, results and conclusions to reviewers.

Results of the modeling will be used to inform our selection of design geometry and channel and bank treatments. Results will be summarized and presented in figures for presentation to reviewing agencies or other interested stakeholders.

Our scope of services does not currently include preparation of a no‐rise analysis, CLOMR, or other reporting to FEMA. If requested, those services would be performed under an amended agreement.

Deliverables: Plan and profile graphical output from HEC RAS 2‐D model (.pdf) Task 6 ‐ 65% Designs
65% Designs will be developed based on the City and Consultant team’s review and comments provided on the Concept level designs. The 65% drawings will be sufficiently accurate and complete to determine project layout, impacts, opportunities, constraints and quantities.

Typically, the 65% Drawings will be suitable to serve as a basis for permit applications. The 65% cost estimate will be in a format that represents the anticipated final bid form, with recommended units of measurement specified for individual work items. The 65% specifications will consist of a table of contents of the anticipated technical specifications. Items to be shown on the Drawings include:
 Title Sheet and Location Map
 Existing site topography
 Proposed Site Improvements
 Typical cross sections
DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 ______________________________________________________________________________________________________ Ecological Restoration Design ~ Civil Engineering ~ Natural Resource Management  Quantities & materials
 Limits of disturbance
 General Notes
 Typical details for key project features
 Diversion and Dewatering plan (as necessary)
 Site access and staging plan
 Erosion Control and Construction BMP’s
Tech Memo: A brief technical memorandum will be prepared to summarize our methods, results, and anticipated project performance, including inherent risks, uncertainties, and anticipated maintenance requirements.

Deliverables: 65% design drawings (.pdf), technical memo (pdf), and cost estimate (.pdf and .xlsx).

Task 7 – Permit Support
Our scope assumes the Client will take the lead in permitting the project and that Waterways’ role will be to provide technical support at the Client’s request.

Permit support services typically include participation in permit‐related meetings or conference calls, preparation of written responses to agency comments, or preparation and submittal of calculations or figures required to support permit applications. Our budget estimate for this task is based on our experience with similar projects in this area. Actual costs will be dependent on the level of assistance requested by the Client, and may exceed our budget estimate. These services will be performed on a time and materials basis, at the request of the Client up to the level of effort estimated in our attached budget.

Deliverables: To be determined
Task 8 ‐ 100% Designs
The 100% drawings will incorporate Client and agency comments made on the 65% drawings. The 100% cost estimate will be in a format that represents the bid items and will accurately reflect the design. The 100% specifications will include all technical specifications for the project, provided in CSI format. The 100% Plans will be at a suitable level to competitively bid and construct the project.

The 100% Drawings will include the following:
 Title Sheet and Location Map
 Existing site topography
 Proposed Site Improvements & Grading Plan
 Typical cross sections
 Quantities & materials
 Limits of disturbance
 Technical Specifications for materials and placement (to be included on plans)  Typical details for key project features
DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 ______________________________________________________________________________________________________ Ecological Restoration Design ~ Civil Engineering ~ Natural Resource Management  Dewatering plan (as necessary)
 Site access and construction phasing plan
 Erosion Control and Construction BMP’s
Deliverables:
 Design drawings (.pdf)
 Cost Estimate (.pdf and .xlsx)
 Technical specifications (.pdf & MSWord)

PROPOSED COST
Refer to attached Exhibit B for a detailed breakdown of our anticipated budget. We will not exceed this estimate without prior written approval of the Client. The estimated budget is valid for a period of 180 days beyond the date of this proposal.

Costs have been allocated to individual tasks to determine the total estimated budget.

Waterways may reallocate costs among tasks, as needed, provided the total price is not exceeded for the scope of work proposed, without previous written authorization from the Client.

Our fees for construction phase services, if included in the scope of services described above, will be billed on a time and materials basis in accordance with the attached Schedule of Fees, and will reflect the actual work and costs incurred, as dictated by the project requirements.

Our fees are highly dependent on the Contractor’s schedule and performance, which are beyond our control.

Printed and/or wet‐signed copies of design documents will be prepared at Client’s request and billed at our standard rates (Attached).

ADDITIONAL SERVICES
Waterways shall be available for additional services on a time and materials basis, at our prevailing rates. Additional services are defined as those that are not specifically identified under the scope of proposed services or those that are required as a result of unforeseen circumstances that arise during the permitting process. Examples “additional services” may include:
 Services beyond the scope of services in the agreement.  Services which need to be provided beyond the time schedule set forth in the agreement.  Services required as a result Client providing incomplete or incorrect project information.  Services related to redesigning documents or rebidding contracts due to no fault of Engineer.
 Services related to revising drawings and specifications occasioned by substituting materials or equipment.
 Reproduction of reports drawings, and specifications, except as provided under scope of services.
 Providing renderings or models.

DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 ______________________________________________________________________________________________________ Ecological Restoration Design ~ Civil Engineering ~ Natural Resource Management  Additional or extended services made necessary by defective, negligent, or delayed work by prime contractors or others.
 Additional or extended services during construction made necessary by the acceleration of the progress schedule involving services beyond normal working hours.  Evaluation of claims or providing testimony in connection with a hearing, arbitration, or litigation.

We look forward to working with you to further these efforts. If you have any questions, please contact me at 831‐421‐9291.

Sincerely,
Matt Weld, R.C.E.

CA License No. 62235
NV License No. 15367
OR License No. 78668PE
WA License No. 51508
DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 ______________________________________________________________________________________________________ Ecological Restoration Design ~ Civil Engineering ~ Natural Resource Management

LIMITATIONS & EXCLUSIONS

1. Waterways shall not be held responsible for the accuracy of existing mapping or data collection performed by others and made available by the Client. If existing products made available by others are found to be inaccurate or incomplete, during the process of our work, our budget, scope, and/or schedule shall be adjusted to account for unexpected expenses or delays incurred as a result of these deficiencies.

2. Waterways Consulting does not provide boundary surveying services. Our scope of services excludes boundary surveying, unless otherwise stated in the scope and budget. When these services are offered by Waterways, it is through a Subconsultant, and will be explicitly identified as such.

3. The scope of work does not include a “line of sight” study, unless specifically included as a task item.

4. Schedules, Budgets, and Estimates of Cost: Any schedules or completion dates, budgets, or estimates of cost prepared by Waterways represent Waterways’ professional judgment based on its experience and available information. Since neither Waterways nor Client has control over the cost of labor, materials, or equipment, or contractor’s methods of determining prices, or over competitive bidding, permit requirements, or market conditions, Waterways cannot and does not warrant or represent that actual schedules or completion dates or actual costs will not vary from schedules or completion dates, budgets, or estimates of cost prepared by Waterways or proposed, established, or approved by Client.

5. If the scopes of services to be provided by Waterways pursuant to the terms of this agreement includes the preparation of grading drawings but excludes construction staking services, Client acknowledges that such staking services normally include coordinating civil engineering services and the preparation of record drawings based upon information provided by others, and Client will be required to retain such services from another consultant or pay Waterways for such services pursuant to this agreement.

6. If the scope of services includes Waterways’ assistance in applying for governmental permits or approvals, this work does not include the preparation of additional studies or analysis requested by governmental agencies and not specifically included in our scope (e.g., archeological investigations, wetland delineations, geologic studies, etc.). Waterways’ assistance with permit preparation and/or submittal will not constitute a representation, warranty or guarantee that such permits or approvals will be acted upon favorably by any governmental agency.

7. Waterways makes no representations concerning soils or geological conditions unless specifically included in writing in this agreement, or by amendments to this agreement, and will not be responsible for any liability that may arise out of performing or failure to perform soils or geological surveys, subsurface soils or geological tests, or general soils or geological testing.

8. Client acknowledges that the design services performed pursuant to this agreement are based upon field and other conditions existing at the time these services were performed. Client further acknowledges that field and other conditions may change by the time project construction occurs and clarification, adjustments, modifications and other changesshall be paid for by Client as extra services in accordance with the agreement.

9. Waterways does not provide geotechnical engineering services. If required, these services will be provided by subcontractors and clearly identified in ourscope and budget. If required and not included herein, they may be requested under an amended scope of services.

10. Design services do not include preparation of a “Design Report” for Client or agency review, unless specifically noted in the scope of services. If the Client requests the preparation of a design report, or the re‐formatting of our internal design calculations for submittal to agencies, these services will be performed on a time and materials basis.

ASSUMPTIONS

1. Client is aware that differences may exist between the electronic files delivered and the printed hard copy construction documents. In the event of a conflict between the signed construction documents prepared by Waterways and electronic files, the signed and stamped or sealed hard copy construction documents shall govern.

2. After Client’s acceptance of the preliminary drawings (Concept level of completion), should new information, changed conditions, agency/public comments on the preliminary drawings, or other factors require additional mapping, data collection, graphic modifications, or conceptual changes, the budget may need to be amended to cover these unanticipated costs.

3. The Client shall be responsible for obtaining all necessary easements for both temporary construction‐related access and for permanent access and parking, where required.

4. Where the Waterways scope includes preparation of specifications, Waterways will only be responsible for preparation of technicalspecifications. The Clientshall prepare general and front end provisions for the project, if required.

5. All permitting shall be handled by the Client. Waterways will be available for permitting assistance on a time and materials basis, at the firm’s prevailing hourly rates. If permitting agenciesrequestsubmittal of design reports, detailed hydraulic modeling or calculations, beyond what is deemed by Waterways to be necessary to complete the design, this work will be considered extra, unless specifically outlined in the scope of services.

6. Our design services are not typically performed to meet a specific total project cost, as cost is often beyond our control. When total project budget is expected to guide the design approach, this expectation should be clearly defined in the Agreement.

7. Waterways will have no responsibility for the discovery, presence, handling, removal or disposal of hazardous or toxic materials or substances in any form at Project sites, including but not limited to, asbestos, asbestos products or polychlorinated biphenyl (PCB) except for such hazardous or toxic materials or substances introduced on to the project site by Waterways or any damage or injuries resulting from Waterways’ negligence.

8. When hazardous or toxic materials or substances are known, assumed or suspected to exist at a site, Client shall take appropriate precautions to protect health and safety of Waterways’ personnel, to comply with applicable laws and regulations, and to follow procedures that Client deems prudent to minimize physical risks to employees and the public. Client shall inform Waterways of any hazardous or toxic materials orsubstances known by Client to exist at a Project site on which Waterways is providing services.

9. Client agrees not to use or permit any other person to use final maps, exhibits, legal descriptions, surveys, or other work product ("Work Product") prepared by Consultant, which Work Product is not final and which is not signed, and stamped or sealed by Consultant. Client agrees that Consultant is not responsible for any such use of non‐final Work Product and waives any right to claim liability against Consultant therefore. Client further agrees that final Work Product is for the sole use of Client for the specific purpose described in this Agreement. Such final Work Product may not be altered or reproduced in any way nor used on any other project or for any other purposes than as specifically authorized by Consultant in writing prior to any such use, alteration, or reproduction. Client may use preliminary products for permit review submittals. However, Client is advised that design details may change as designs are finalized.

Waterways cannot be held liable for the cost of additional permitting effort or project delays that may result from these changes.

DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 8/27/2023
Project Name: Salinas Creeks Sediment Management - Phase Two Engineering Design Principal
Geomorph.

Principal
Engineer
Senior
Engineer
Senior
Hydrologist
Hydrologist/Mo
deler
Staff
Engineer
Engineering
Technician Survey Crew Budget Allocation
(Dvorsky) (Weld) (Zacharia) (Dvorsky) (Lovrin) (Stewart) (Landsdale) (2 person) # Task Description $165 $190 $160 $155 $130 $140 $125 $2101 Project Administration 33 12 $7,9502 Topographic Mapping (Field and Office) 8 32 40 $14,4003 Utility Location 2 12 18 $5,8404 Concept Level Designs & Costs 58 $8,120 5 Hydrologic and Hydraulic Modeling 18 55 $10,5706 65% Plans & Cost Estimate & Tech Memo 90 120 $33,9007 Permit Support 12 20 $5,0808 100% Plans, Specifications,and Cost Estimate 36 40 $12,440 $98,300.00
Direct Expenses Allocation
$200.00$100.00
$32.80
$332.80
Total $98,632.80
Subtotal
Mileage($.655/mile)
EXHIBIT B - ESTIMATED BUDGET FOR CONSULTING SERVICESClient: Harris and AssociatesWaterways Job No.: 23-053A Sub Total
Office ExpensesField Supplies (disposable)Per Diem
Ecological Restoration Design ~ Civil Engineering ~ Natural Resource Management DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 October 6, 2023
Kate Elliot
Director, Environmental Planning & Compliance
Harris & Associates
450 Lincoln Avenue, Suite 103
Salinas, CA 93901
RE: Proposal to Provide a Phase I Cultural Resource Inventory for the Salinas Creeks Flood Control Project, Salinas, California
Dear Ms. Elliot:

Albion Environmental, Inc. (Albion) is pleased to respond to your request for a proposal to conduct a Phase I cultural resource inventory for the Salinas Creeks Flood Control Project in Salinas, California (Project). The City of Salinas is proposing a series of flood control ac�ons in three key loca�ons, including the following:
• A reach of Gabilan Creek located along Coventry Street and Independence Boulevard where Waterways Consul�ng, Inc. (Waterways) proposes that aggraded sediment be removed. • A lower reach of Gabilan Creek near the Cons�tu�on Soccer Complex and First Tee Monterey County where Waterways proposes that the creek bank be laid back to repair the incised channel and stabilize the embankments; and
• A reach of Na�vidad Creek in upper Na�vidad Creek Park, immediately south of Boronda Road, where Waterways proposes that an alternate channel be constructed to allow for on-going access and sediment removal without impac�ng the exis�ng creek channel or riparian vegeta�on.

The City is also proposing ground disturbing ac�vi�es at an off-site loca�on up to 0.5 acres in size in a place yet to be determined. The total Project APE, including the mi�ga�on site, is approximately 12 acres in size. Depths of impact are currently unknown for all Project elements.

The Project is subject to Sec�on 404 of the Clean Water Act and must comply with Sec�on 106 of the Na�onal Historic Preserva�on Act (NHPA), with the US Army Corps of Engineers (USACE) as the lead federal agency. Albion will provide the services of a qualified archaeological team.

Our proposal contains a Scope of Work and a Cost Es�mate (Atachment 1).

Attachment C
DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 ALBION
RE: Phase I Cultural Resource Inventory for the Salinas Creeks Flood Control Project, Salinas, California October 6, 2023
Harris & Associates
2 SCOPE OF WORK
TASK 1: MANAGEMENT
Task 1 is for project management, pre-field prepara�on, and post-field organiza�on. Albion will coordinate site access and field crew schedules, as well as process all field collected data (e.g., GIS, notes, photographs). The Project Manager, Douglas Ross, will manage the overall Project scope and budget, and be your primary contact on this project. Sarah Nicchita will func�on as the Principal-inCharge and will oversee quality control and assurance.

TASK 2: BACKGROUND RESEARCH
Albion will conduct a detailed records search at the NWIC for informa�on on known cultural resources and previous studies within a 1
/2-mile radius of the Project APE, including resources listed on na�onal, state, and local heritage inventories. In addi�on, we will conduct background historical research and examine archival maps and photos to inves�gate any evidence of either precolonial or historic period materials. Background research will also be conducted in order to support the sensi�vity assessment.

We will iden�fy, compile, review, and integrate new and exis�ng informa�on (e.g., available published data or reports), historical maps, geologic maps, soil maps, and related data relevant for assessing the poten�al for archaeological sites in and near the Project APE.

TASK 3: TRIBAL OUTREACH
A working rela�onship with the Na�ve American community and individual tribal representa�ves is essen�al to the success of the cultural resource program. Albion will conduct a sacred lands file search and a stakeholder list request with the Na�ve American Heritage Commission (NAHC). A�er obtaining a list of Na�ve American stakeholders from the NAHC, Albion will dra� and submit outreach leters that will include a brief project descrip�on, a map of the project loca�on. Albion will also conduct follow up outreach via email and phone calls to the individuals iden�fied by the NAHC to inform them about the Project and ascertain tribal interests, concerns, and informa�on. We assume that Albion will need to send leters to and conduct follow-up communica�on with no more than fi�een (15) Tribes.

TASK 4: PEDESTRIAN SURVEY
Albion will conduct a pedestrian survey to iden�fy if any cultural resources exist within the Project APE.

The survey will consist of two-three separate field mobiliza�ons on different days, one for the Gabilan and Na�vidad Creek por�ons, a second for the off-site mi�ga�on area, and a third one if necessary. We assume that all survey loca�ons will be accessible to Albion’s crew for each mobiliza�on. Albion’s survey approach includes parallel transects that are spaced no more than 15 meters apart. All sites, features, and isolates will be recorded when encountered during the survey. The crew will record each site or isolated ar�fact digitally, using notes and photographs. All surface ar�facts will be documented with a sub-meter accurate GPS unit, and the survey will be documented with photography. Ar�facts will not be collected during this effort.

DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 ALBION
RE: Phase I Cultural Resource Inventory for the Salinas Creeks Flood Control Project, Salinas, California October 6, 2023
Harris & Associates
3 TASK 4: REPORT OF FINDINGS
The results of our study will be compiled into a technical report to be used for regulatory compliance in the environmental review process. The report will contain an abstract, introduc�on, natural and cultural context, results of background research, results of Tribal outreach, field methods, survey results, summary and discussion of cultural resource sensi�vity for the APE, and if needed, recommenda�ons for addi�onal work needed to complete requirements under NHPA regula�ons. We will include completed site records for any sites or isolates iden�fied during survey.

COST ESTIMATE AND TIMELINE
We are proposing to complete this study on a �me and materials basis with a limit not an�cipated to exceed $18,823.31 (Atachment 1). In the event cultural resources are located, Albion can, for a renego�ated fee, work with the City (or agent) to determine an appropriate course of ac�on under NHPA guidelines.

Albion is prepared to begin work upon execu�on of a signed contract. Thank you for the opportunity to provide this proposal. If our proposal is acceptable to you, please issue a contract and transmit to me at [email protected]. The terms of this proposal are valid for 90 days. Please contact me at (831) 252-3436 if you have any ques�ons.

Sincerely,
Douglas Ross, PhD
Senior Archaeologist
Atachment 1. Cost Es�mate
DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 Atachment 1
Cost Es�mate
DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 Phase I Cultural Resource Inventory for the Salinas Creeks Flood Control Project Harris & Associates
10/6/2023
Labor Rate
Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Principal 4B - Nicchitta, S. $136.26 4 $545.04 2 $272.52 4 $545.04 2 $272.52 6 $817.56 18 $2,452.68 Senior Archaeologist 7B - Murphy $125.60 0 $0.00 0 $0.00 0 $0.00 0 $0.00 5 $628.00 5 $628.00 Senior Archaeologist 7B - Ross $125.60 10 $1,256.00 6 $753.60 0 $0.00 2 $251.20 19 $2,386.40 37 $4,647.20 Senior Archaeologist 5C - D'Oro $109.71 0 $0.00 1 $109.71 1 $109.71 0 $0.00 4 $438.84 6 $658.26 Senior Anthropologist 4B - Sarmento $102.63 0 $0.00 0 $0.00 10 $1,026.30 0 $0.00 0 $0.00 10 $1,026.30 Archaeologist 7C - Biasi $95.54 0 $0.00 0 $0.00 0 $0.00 29 $2,770.66 14 $1,337.56 43 $4,108.22 Archaeologist 6D - Manigault $90.27 0 $0.00 0 $0.00 0 $0.00 29 $2,617.83 0 $0.00 29 $2,617.83 Archaeologist 6D - Nicchitta, A. $90.27 0 $0.00 0 $0.00 5 $451.35 1 $90.27 0 $0.00 6 $541.62 Archaeologist 5A - Bright $77.83 0 $0.00 0 $0.00 0 $0.00 2 $155.66 7 $544.81 9 $700.47 Total Labor 14 $1,801.04 9 $1,135.83 20 $2,132.40 65 $6,158.14 55 $6,153.17 163 $17,380.58 Other Direct Costs Units Cost Units Cost Units Cost Units Cost Units Cost Units Cost Mileage $0.655 0 $0.00 0 $0.00 0 $0.00 216 $141.48 0 $0.00 216 $141.48 NWIC Records Search $1,200.00 0 $0.00 1 $1,200.00 0 $0.00 0 $0.00 0 $0.00 1 $1,200.00 Letters and Certified Mail $6.75 0 $0.00 0 $0.00 15 $101.25 0 $0.00 0 $0.00 15 $101.25 Total ODCs $0.00 $1,200.00 $101.25 $141.48 $0.00 $1,442.73 Total Cost $1,801.04 $2,335.83 $2,233.65 $6,299.62 $6,153.17 $18,823.31 Total
Task 1 Task 2 Task 3 Task 5
Report of Findings
Task 4
Management
Background
Research Tribal Outreach Pedestrian Survey
DocuSign Envelope ID: 9040E58E-F7B8-4004-B308-1A8F7BC2C366 Page | 1
RESOLUTION NO. 22827 (N.C.S.)

A RESOLUTION APPROVING AN AMENDMENT TO THE PROFESSIONAL

SERVICES AGREEMENT BETWEEN THE CITY OF SALINAS AND HARRIS AND

ASSOCIATES FOR THE SALINAS CREEKS MAINTENANCE AND ENHANCEMENT PLAN
WHEREAS, winter storms in 2017 caused heavy erosion and silts deposits at several of the City’s waterways; and
WHEREAS, to date, neither the Federal Emergency Management Agency nor the California Governor’s Office of Emergency Services has approved relief funding to cover the damages; and
WHEREAS, specific permits are required for repair or maintenance work at the locations; and
WHEREAS, on November 19, 2019, the City authorized the initial scope of work under the Master Services Agreement with Harris and Associates to perform the Salinas Creeks Maintenance and Enhancement Plan (Resolution No. 21745) and a portion of the scope of work was continued under a Professional Service Agreement since the Master Service Agreement had expired; and
WHEREAS, the project has now advanced to the next phase which involves preparation of design plans and completion of the permitting process based on information acquired during the feasibility study; and
WHEREAS, City staff has worked with Harris and Associates to develop a scope of work to continue these efforts which is embodied in the Amendment.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALINAS, that Amendment No 1 to the Professional Services Agreement between the City of Salinas and Harris and Associates to provide professional services related to the Salinas Creeks Maintenance and Enhancement Plan project in the amount of $363,868 is hereby approved; and BE IT FURTHER RESOLVED that the Mayor of Salinas is hereby authorized and directed, for and on behalf of the City of Salinas, and as its act and deed, to execute the attached Amendment No 1 to the Professional Services Agreement. between the City of Salinas, a Charter City, and Harris and Associates, a California Corporation; and BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute extensions and/or non-substantial modifications to the Agreement, as necessary.

DocuSign Envelope ID: 13FA5160-5805-4175-90AC-91307513E939 Page | 2
PASSED AND APPROVED this 24th day of October 2023, by the following vote:

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Salinas City CouncilAugust 20, 2024

Salinas City Council
August 20, 2024