Version: January 2021
AMENDMENT NO. 2 TO
Monte Bella Maintenance District
AGREEMENT BETWEEN
SMITH & ENRIGHT LANDSCAPING, INC., AND CITY OF SALINAS
This Amendment No. 2 to the Monte Bella District Agreement is entered into this 8 th day of October 2024, by and
between the City of Salinas (the “City”) and Smith & Enright Landscaping, Inc., (the “Contractor”). City and Contractor may be individually referred to herein as a “Party” and collectively the City and Contractor may be referred to as the “Parties.”
RECITALS
WHEREAS, the City and Contractor first entered into an agreement for Monte Bella Maintenance District effective June 22, 2021, pursuant to which Contractor agreed to act as and provide certain services to the City for compensation for unscheduled/extra work (the “Agreement”); and WHEREAS, pursuant to Resolution #-No. 22149 (N.C.S.) the City Council awarded an agreement to Contractor to include unscheduled/extra work compensation for unforeseen landscape issues that may arise in the Monte Bella Maintenance District; and
WHEREAS, on October 8, 2024, the city amends this contract to allow unscheduled/extra work to be included to the annual compensation not to exceed amount of $98,624.00 per the contract agreement as well as granting the city manager authorization to execute all future amendment cost increases to this agreement.
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:
TERMS
1. The total amount of compensation to be paid under the Agreement is hereby increased by $20,000 for a total amount of compensation not to exceed $98,624.
2. All other terms and conditions of the Agreement not specifically amended herein shall remain in full force and effect as originally written and are fully incorporated herein by this reference.
IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Contractor have entered into this Agreement as of the date first written above.
CITY OF SALINAS
___________________________________
Rene Mendez, City Manager
APPROVED AS TO FORM:
___________________________________
□ Chris Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney
Docusign Envelope ID: 76875FF5-2CAD-4F81-B080-D663E220F2AF
Version: January 2021
Smith & Enright Landscaping, Inc.
____________________________________
Printed name: ____Selena Herrin_________
Title: ____General Manager_____________
Docusign Envelope ID: 76875FF5-2CAD-4F81-B080-D663E220F2AF City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-545, Version: 1
First Amendment with Smith & Enright Landscaping, Inc. for City-Wide Landscape Services Approve a Resolution authorizing the City Manager to execute First Amendment with Smith & Enright Landscaping, Inc. for City-Wide Landscape Service for Greenbelts, Medians & Roundabouts; and increasing the compensation by $120,400 for a revised not to exceed amount of $365,104.
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: OCTOBER 8, 2024
DEPARTMENT: PUBLIC WORKS ENVIRONMENTAL MAINTENANCE
FROM: DAVID JACOBS, PUBLIC WORKS DIRECTOR
BY: VICTOR BAEZ, LANDSCAPE DISTRICTS/FORESTRY MNGR.
TITLE: FIRST AMENDMENT WITH SMITH & ENRIGHT
LANDSCAPING, INC. FOR CITY-WIDE LANDSCAPE SERVICES
RECOMMENDED MOTION:
A motion to approve a resolution:
1) Authorizing the City Manager to execute First Amendment with Smith & Enright Landscaping, Inc. for City-Wide Landscape Service for Greenbelts, Medians & Roundabouts; and
2) Increasing the compensation by $120,400 for a revised not to exceed amount of $365,104.
EXECUTIVE SUMMARY:
This Amendment is for unscheduled/extra work cost increases to the City-Wide Landscape Service for Greenbelts, Medians & Roundabouts Agreement. The initial unscheduled/extra work increase will be $120,400 and may change due to the unpredictability of unforeseen landscape issues that may arise. The revised not to exceed amount for unscheduled/extra work and the current Agreement for annual compensation will be $365,104.
BACKGROUND:
On June 14, 2022, City Council approved a contract agreement for Landscape Maintenance for the City-Wide Landscape Services for Greenbelts, Medians & Roundabouts with Smith & Enright Landscaping, Inc. The total amount of annual compensation not to exceed is $244,704.00 but the unscheduled/extra work was not included in the agreement as a total amount but was included as an item in the original proposal. Unscheduled extra work would include unpredictable issues or events that happen such as down trees or branches that cause obstruction or hazards to the public.
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).
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In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
CALIFORNIA GOVERNMENT CODE §84308 APPLIES:
Yes.
STRATEGIC PLAN INITIATIVE:
This relates the Council’s Strategic goals of providing Excellent Infrastructure and Livable Community.
DEPARTMENTAL COORDINATION:
Public Works Department has been coordinating with the City’s Finance and Legal Departments to ensure compliance with standards as well as all fiscal elements are being met.
FISCAL AND SUSTAINABILITY IMPACT:
City-Wide Landscape Services for Greenbelts, Medians & Roundabouts:
Fund Appropriation Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25
Operating
Budget Page
Last Budget
Action (Date,
Resolution)*
1200 50.5239-63.4900 Outside servicesmaintenance
&repairs-others
$322,956.75 $15,000 335 6/22/21, 22149
1000 80.8003-63.4100 65 W. Alisal $5,680 $3,000 242-243 6/22/22, 22387 6801 50.5446-63.4900 Outside servicesmaintenance
&repairs-others
$42,675 $42,400 387 6/22/21, 22149
5800 50.9775-63.6010 Outside service
other outside
service
$82,613.88 $60,000 84
6/22/21, 22149
* The FY 24-25 Adopted Budget was adopted on June 11, 2024.
The annual cost of $244,704.00 for current contract agreement City-Wide Landscape Service for Greenbelts, Medians & Roundabouts is funded with General Funds from account 1200.50.5239-
63.4900 and the unscheduled/extra work will be funded from multiple accounts detailed in the Page | 3
above table. If the unscheduled/extra work supersedes the current amounts in the different account G/Ls the mid-year budget action will be $56,420.00 to cover the increase of cost.
ATTACHMENTS:
Resolution
Original Agreement
Amendment
Page | 1
RESOLUTION NO. (N.C.S.)
A RESOLUTUION OF THE SALINAS CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO AMENDMENT NO 1 TO AN AGREEMENT FOR SERVICES WITH SMITH & ENRIGHT LANDSCAPING, INC. AND APPROVING AN INCREASE IN COMPENSATION IN THE AMOUNT OF $204,820
WHEREAS, the City and Contractor first entered into an agreement for City-Wide Landscape Services for Greenbelts, Medians, and Roundabouts effective June 14, 2022, pursuant to which Contractor agreed to act as and provide certain services to the City for compensation for unscheduled/extra work (the “Agreement”); and
WHEREAS, pursuant to Resolution No. 22387 (N.C.S.) the City Council awarded an agreement to Contractor to include unscheduled/extra work compensation for unforeseen landscape issues that may arise in the City-Wide Landscape Services for Greenbelts, Medians, and Roundabouts; and
WHEREAS, The Amendment will allow the City Manager to execute this Amendment for unscheduled/extra work cost increase in the City-Wide Landscape Services for Greenbelts, Medians, and Roundabouts Agreement. The initial unscheduled/extra work increase will be $120,400.00 and may change due to the unpredictability of unforeseen landscape issues that may arise. The revised not to exceed amount for the Agreement will be $365,104.00.
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council approves additional compensation in the amount of $120,400 for unscheduled/extra work to increase the not to exceed amount of $365,104.00 and authorizes the City Manager to execute an amendment for unscheduled/extra work cost increases in City-Wide Landscape Services for Greenbelts, Medians, and Roundabouts Agreements.
PASSED AND APPROVED this 8
th day of October 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________
Kimbley Craig, Mayor
Page | 2
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Version: January 2021
AMENDMENT NO. 1 TO
City-Wide Landscape Service for Greenbelts, Medians & Roundabouts
AGREEMENT BETWEEN
SMITH & ENRIGHT LANDSCAPING, INC., AND CITY OF SALINAS
This Amendment No. 1 to the City-Wide Landscape Service for Greenbelts, Medians & Roundabouts Agreement is entered into this 8
th day of October 2024, by and between the City of Salinas (the “City”) and Smith & Enright Landscaping, Inc., (the “Contractor”). City and Contractor may be individually referred to herein as a “Party” and collectively the City and Contractor may be referred to as the “Parties.”
RECITALS
WHEREAS, the City and Contractor first entered into an agreement for City-Wide Landscape Service for Greenbelts, Medians & Roundabouts effective June 14, 2022, pursuant to which Contractor agreed to act as and provide certain services to the City for compensation for unscheduled/extra work (the “Agreement”); and WHEREAS, pursuant to Resolution No. 22387 (N.C.S.) the City Council awarded an agreement to Contractor to include unscheduled/extra work compensation for unforeseen landscape issues that may arise in the areas being serviced by City-Wide Landscape Service for Greenbelts, Medians & Roundabouts agreement; and WHEREAS, the unscheduled/extra work was not included in the Agreement as a total amount.
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree to amend the Agreement as follows:
TERMS
1. The total amount of compensation to be paid under the Agreement is hereby increased by $204,820 for a total amount of compensation not to exceed $449,524.
2. All other terms and conditions of the Agreement not specifically amended herein shall remain in full force and effect as originally written and are fully incorporated herein by this reference.
IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Contractor have entered into this Agreement as of the date first written above.
CITY OF SALINAS
___________________________________
Rene Mendez, City Manager
APPROVED AS TO FORM:
___________________________________
□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney
Docusign Envelope ID: E7AA1F9C-D379-44A5-9E4E-C298B3191C86
Version: January 2021
Smith & Enright Landscaping, Inc.
____________________________________
Printed name: __Selena Herrin___________
Title: ___General Manager_______________
Docusign Envelope ID: E7AA1F9C-D379-44A5-9E4E-C298B3191C86 City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-547, Version: 1
Amendment No. 2 to the Professional Services Agreement with Wallace Group for the Boronda Road Congestion Relief Project Phase 1 (CIP 9510)
Approve a Resolution approving Amendment No. 2 with Wallace Group for providing professional engineering design support services during the construction phase of the Boronda Road Congestion Relief Project Phase 1 (CIP 9510) subject to the terms and conditions of the Master Service Agreement between the City of Salinas and Wallace Group dated January 10, 2023 for a total amount not to exceed $199,948.
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: OCTOBER 8, 2024
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, PE, LS, DIRECTOR
BY: JOSIE LANTACA, ASSISTANT ENGINEER
TITLE: SECOND AMENDMENT WITH WALLACE GROUP FOR THE
BORONDA ROAD CONGESTION RELIEF PROJECT PHASE 1
(CIP 9510)
RECOMMENDED MOTION:
A motion to approve the Second Amendment with Wallace Group to provide professional engineering design support services during the construction phase of the Boronda Road Congestion Relief Project Phase 1 (CIP 9510) in an amount not to exceed $199,948.
EXECUTIVE SUMMARY:
On May 15, 2018, City Council approved the Proposal from Wallace Group for the detailed design phase and related services for the Boronda Road Congestion Relief Phase 1 Project in the amount of $1,152,546 in accordance with the Master Services Agreement with Wallace Group dated October 11, 2017.
Wallace estimated possible support services to cost approximately $199,948. The actual cost will be dependent on the need for assistance. Amendment #2 allocates funds to provide the required design support during construction.
The 2017 Master Services Agreement expired in October 2022. On January 10, 2023, City Council approved a new Master Services Agreement with Wallace Group. Accordingly, Amendment #2 will be subject to the terms and conditions of the 2023 Master Services Agreement.
BACKGROUND:
The Boronda Road Congestion Relief Project (Project) proposes to widen East Boronda Road into a four-lane roadway (two-lanes at each direction) between Dartmouth Way and Independence Boulevard, and to construct roundabouts at McKinnon Street, El Dorado Drive, Natividad Road, and Independence Boulevard. In May 2017, City Council approved the roundabout concept at the intersections identified above along with Hemingway Drive (Resolution No. 21169). The Project is planned to be built in phases to accommodate funding availability. The Boronda Road Congestion Relief Phase 1 Project (Phase 1 Project) will build the McKinnon roundabout and associated improvements from east of Dartmouth Way to a point between McKinnon Street and El Dorado Drive.
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On May 15, 2018, City Council approved a proposal from Wallace Group for the design of the Phase 1 Project in the amount of $1,152,546 in accordance with the Master Services Agreement with Wallace Group dated October 11, 2017 (Resolution No. 21390).
The Phase 1 Project will include:
1. Widening of East Boronda Road from east of Dartmouth Way to east of El Dorado Dr from two lanes to four lanes;
2. Constructing a multilane roundabout at McKinnon Street;
3. Relocating the existing agricultural ditches along the north side of East Boronda Road north of the improvements;
4. Constructing stormwater treatment facilities and bioretention facilities to mitigate runoff from the improvements;
5. Constructing buffered bike lanes;
6. Constructing shared‐use paths at the roundabout;
7. Installing a flashing beacon system at the pedestrian crossing;
8. Constructing bus pullouts, street lighting, sidewalks, ADA-compliant pedestrian curb ramps at all crosswalks; and install storm drain lines, sanitary sewer mainline and extensions, and pavement delineation and street signs, and landscaping.
Design of the Phase 1 Project was completed in February 2024. The Phase 1 Project was awarded to Granite Construction Company on June 18, 2024 (Resolution No. 23008 and 23053) and is currently at its materials submittals and review phase. Construction is tentatively scheduled to begin in late fall this year.
Wallace Group estimates $199,948, may be needed to cover the cost of providing engineering design support services during the construction phase of the Phase 1 Project. Engineering design support services will include review of materials submittals, review of Request for Information (RFIs), site visits to review issues or concerns, preparation of design plan revisions, assistance in the determining quantities and payment analysis for potential changes, and assistance in the preparation of “as-built” drawings.
The 2017 Master Services Agreement expired in October 2022. On January 10, 2023, the City Council approved a new Master Services Agreement between the City of Salinas and Wallace Group (Resolution No. 22562 and 22964). Accordingly, this Amendment #2 will be subject to the terms and conditions of the 2023 Master Services Agreement with Wallace Group for a total amount not to exceed $199,948.
CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls Page | 3
within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
STRATEGIC PLAN INITIATIVE:
The project addresses the City Council’s Strategic Goals of Infrastructure and Environmental Sustainability, and Economic Development.
DEPARTMENTAL COORDINATION:
The Public Works department will manage the consultant’s contract with assistance from Finance department to administer payments.
FISCAL AND SUSTAINABILITY IMPACT:
Fund Appropriation Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25 CIP
Budget Page
Last Budget
Action (Date,
Resolution)*
1200 5800.50.9510-
63.5400
Outside
ServicesEngineering
Services
$214,405 $199,948 33 6/11/24,
22979
* The FY 24-25 Adopted Budget was adopted on June 11, 2024.
ATTACHMENTS:
Resolution
Wallace Group 2023 Master Services Agreement
Wallace Request for Contract Amendment #2
RESOLUTION NO. ________ (N.C.S.)
A RESOLUTION APPROVING AMENDMENT #2 TO THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY OF SALINAS AND WALLACE GROUP FOR THE BORONDA ROAD CONGESTION RELIEF PROJECT PHASE 1 (CIP 9510)
WHEREAS, on May 15, 2018, City Council approved the Proposal from Wallace Group for the detailed design phase and related services for the Boronda Road Congestion Relief Phase 1 Project (Phase 1 Project) in accordance with the Master Services Agreement between the City of Salinas and Wallace Group dated October 11, 2017 (Resolution No. 21390); and WHEREAS, the Public Works department has identified the need to utilize engineering design support services to assist the department during the construction phase of the Phase 1 Project; and
WHEREAS, Wallace Group is the firm that can best perform the engineering design support services because Wallace designed the Phase 1 Project; and WHEREAS, The 2017 Master Services Agreement expired in October 2022, and on January 10, 2023, City Council approved a new Master Services Agreement between the City and Wallace Group (Resolution No. 22562 and 22964).
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALINAS, that the Second Amendment with Wallace Group to provide professional engineering design support services during the construction phase of the Boronda Road Congestion Relief Project Phase 1 (CIP 9510) in an amount not to exceed $199,948 is hereby approved; and BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Second Amendmentwith Wallace Group.
PASSED AND APPROVED on this 8th of October 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
MASTER SERVICE AGREEMENT
FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF SALINAS AND
WALLACE GROUP
Form: Professional Services Agreement v. January 2021 Page 1 of 16 Wallace Group
January 2023
DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F Form: Professional Services Agreement v. January 2021
Wallace Group
January 2023
Contents
RECITALS ..................................................................................................................................... 4 TERMS ........................................................................................................................................... 4
1. Scope of Service. ................................................................................................................. 4
2. Term; Completion Schedule. ............................................................................................... 4
3. Compensation. ..................................................................................................................... 4
4. Billing. ................................................................................................................................. 4
5. Meet & Confer. .................................................................................................................... 5
6. Additional Copies................................................................................................................. 5
7. Responsibility of Consultant................................................................................................ 5
8. Responsibility of City. ......................................................................................................... 5
9. Acceptance of Work Not a Release. .................................................................................... 6
10. Indemnification and Hold Harmless.. .................................................................................. 6
11. Insurance.............................................................................................................................. 6
12. Access to Records................................................................................................................ 6
13. Non-Assignability................................................................................................................ 7
14. Changes to Scope of Work. ................................................................................................. 7
15. Ownership of Documents. ................................................................................................... 7
16. Termination.......................................................................................................................... 7
17. Compliance with Laws, Rules, and Regulations. ................................................................ 8
18. Exhibits Incorporated........................................................................................................... 8
19. Independent Contractor........................................................................................................ 8
20. Integration and Entire Agreement........................................................................................ 8
21. Jurisdiction and Venue......................................................................................................... 9
22. Severability .......................................................................................................................... 9
23. Notices. ................................................................................................................................ 9
24. Nondiscrimination.............................................................................................................. 10
25. Conflict of Interest. ............................................................................................................ 10
26. Headings. ........................................................................................................................... 10
27. Attorneys’ Fees.................................................................................................................. 10
28. Non-Exclusive Agreement................................................................................................. 10
29. Rights and Obligations Under Agreement......................................................................... 10
30. Licenses.............................................................................................................................. 10
31. Counterparts....................................................................................................................... 11 DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F Form: Professional Services Agreement v. January 2021
Wallace Group
January 2023
32. Legal Representation. ........................................................................................................ 11
33. Joint Representation........................................................................................................... 11
34. Warranty of Authority........................................................................................................ 11
35. No Waiver of Rights. ......................................................................................................... 11 Exhibit A- Insurance Requirements.............................................................................................. 13 Exhibit B- Fee Schedule ............................................................................................................... 16 DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F Form: Professional Services Agreement v. January 2021
Wallace Group
January 2023
MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND WALLACE GROUP
This Master Service Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 10th day of January, 2023, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and Wallace Group, a California Corporation (hereinafter “Consultant”).
RECITALS
WHEREAS, Consultant represents that he, she, or it is professionally trained, experienced, and competent to perform the special services which will be required by this Agreement, and services provided by consultant under this agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the same or similar locality; 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. It is understood by City and Consultant that Consultant performs or secures the performance of Civil Engineering and Project Management, and NPDES Support, and related services for the City on an on-going basis. On each occasion Consultant performs services for City, Consultant shall advise the City in writing of the scope of services to be provided, and the cost of, and estimated time to perform the services. Consultant shall not proceed to perform any such service until City and Consultant have established a project cost, a completion schedule, and a time period for performance, and the City has given its written authorization to perform. Written approval for performance and compensation may be granted by the City Engineer.
2. Term; Completion Schedule. This Agreement shall commence on January 10, 2023, and shall terminate on January 10, 2028, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties, and may be terminated only pursuant to the terms of this Agreement.
3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation as shown on Exhibit B.
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 DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F Form: Professional Services Agreement v. January 2021
Wallace Group
January 2023
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.
Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.
City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant. The City shall process undisputed portion immediately.
5. Meet & Confer. Consultant agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by the City to ensure timely and adequate performance of the Agreement.
6. Additional Copies. If City requires additional copies of reports, or any other material which Consultant is required to furnish as part of the services under this Agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the actual costs related to the production of such copies by Consultant.
7. Responsibility of Consultant. By executing this Agreement, Consultant agrees that the services to be provided and work to be performed under this Agreement shall be performed in a fully competent manner. By executing this Agreement, Consultant further agrees and represents to City that the Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the services contemplated under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant’s work. Consultant further agrees and represents that Consultant shall follow the current, generally accepted practices in this area to the profession to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement.
8. Responsibility of City. To the extent appropriate to the projects to be completed by Consultant pursuant to this Agreement, City shall:
(A) Assist Consultant by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the projects. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City.
DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F Form: Professional Services Agreement v. January 2021
Wallace Group
January 2023
(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 policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services. City may unilaterally change its representative upon notice to the Consultant.
(D) Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.
9. Acceptance of Work Not a Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Consultant from professional responsibility for the work performed.
10. Indemnification and Hold Harmless.
Consultant shall indemnify, and hold City and its officers, and employees harmless, but not defend, from and against any and all liability, claims, damages arising out of any personal injury, bodily injury, loss of life, or damage to any property, or violation of any relevant applicable federal, state or municipal law or ordinance, or other cause to the extent arising from negligent, recklessness or intentional wrongful acts or omission of Consultant, its employees, subcontractors or agents, or on account of the negligent performance or character of the work, performed in breach of the applicable standard of the negligent, except for any such claim arising from the negligence or willful misconduct of the City, its officers, employees or agents.
Acceptance of insurance certificates and endorsement required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. 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.
Consultant shall reimburse the City for all costs and expenses including, but not limited to court costs, incurred by the City in enforcing the provisions of this section.
Nothing contained in the indemnity provisions shall be construed to require Consultant to indemnify the City, against any responsibility or liability in contravention of Civil Code 2782.
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, DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F Form: Professional Services Agreement v. January 2021
Wallace Group
January 2023
and copying at reasonable times during Consultant’s usual and customary business hours.
Consultant shall provide proper facilities to City’s representative(s) for such access and inspection.
13. Non-Assignability. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City.
14. Changes to Scope of Work. City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be completed under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes.
Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.
15. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City’s behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify the Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Consultant.
16. Termination.
(A) City shall have the authority to terminate this Agreement, upon ten days written notice to Consultant, as follows:
(1) If in the City’s opinion the conduct of the Consultant is such that the interest of the City may be impaired or prejudiced, or
(2) For any reason whatsoever.
(B) Upon termination, Consultant shall be entitled to payment of such amount as fairly compensates Consultant for all work satisfactorily performed up to the date of termination based upon the Consultant’s rates shown in Exhibit B and/or Section 3 of this Agreement, except that:
(1) In the event of termination by the City for Consultant’s default, City shall deduct from the amount due Consultant the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Consultant are made to compensate City for its actual additional costs incurred in securing satisfactory DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F Form: Professional Services Agreement v. January 2021
Wallace Group
January 2023
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:
(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. The Consultant may retain an archival copy of the confidential information, to the extent necessary to comply with Law or archival policies.
(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party. (E) The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.
17. Compliance with Laws, Rules, and Regulations. Services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.
18. Exhibits Incorporated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities of the parties.
19. Independent Contractor. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or servant of the City.
20. Integration and Entire Agreement. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F Form: Professional Services Agreement v. January 2021
Wallace Group
January 2023
herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.
21. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas. Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.
22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
23. Notices.
(A) Written notices to the City hereunder shall, until further notice by City, be addressed to:
City Manager
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
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:
Wallace Group
ATTN: Jorge Aguilar, PE QSD/P
Principal
612 Clarion Ct
San Luis Obispo, California 93401
(805)544-4011
[email protected]
(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.
DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F Form: Professional Services Agreement v. January 2021
Wallace Group
January 2023
(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 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.
DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F Form: Professional Services Agreement v. January 2021
Wallace Group
January 2023
31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
32. Legal Representation. Each party affirms that it has been represented, if it so chose, by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.
33. Joint Representation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.
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
Steven S. Carrigan, City Manager
DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F Jim Pia Assistant City Manager
Form: Professional Services Agreement v. January 2021
Wallace Group
January 2023
APPROVED AS TO FORM:
□ Christopher A. Callihan, City Attorney, or
□ Rhonda Combs, Assistant City Attorney
CONSULTANT
By (Printed Name):
Its (Title):
Jorge Aguilar, PE 48704
Principal
DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F Form: Professional Services Agreement v. January 2021
Wallace Group
January 2023
Exhibit A- Insurance Requirements
Insurance Requirements
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees, or subcontractors. With respect to General Liability and Professional Liability, coverage should be maintained for a minimum of five (5) years after Agreement completion, if commercially available.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
(A)Commercial General Liability (“CGL”): Insurance Services Office Form (“ISO”) CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (B) Automobile Liability: ISO Form CA 0001 covering any auto, or if Consultant has no owned autos, hired and non-owned, with limits no less than $1,000,000 per accident for bodily injury and property damage.
(C)Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
(D)Professional Liability (also known as Errors and Omissions) insurance appropriate to the work being performed, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate per policy period of one year.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F Form: Professional Services Agreement v. January 2021
Wallace Group
January 2023
Primary Coverage
For any claims related to this Agreement or the project described within this Agreement, the Consultant’s insurance coverage except for Professional Liability and Workers Compensation shall be primary coverage at least as broad as ISO Form CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Consultant, its employees, agents, and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared by Consultant to and approved by the City. At the option of the City, Consultant shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the consultant shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim administrations, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of this Agreement or the beginning of Agreement work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F Form: Professional Services Agreement v. January 2021
Wallace Group
January 2023
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all sub-consultants and/or subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from such sub-consultants and/or subcontractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Maintenance of Insurance
Maintenance of insurance by Consultant as specified shall in no way be interpreted as relieving Consultant of its indemnification obligations or any responsibility whatsoever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary.
DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F Form: Professional Services Agreement v. January 2021
Wallace Group
January 2023
Exhibit B – Fee Schedule
(Attached)
DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F Standard Billing Rates
The following rates shall not change for the first year of this On-Call contract with annual 3% or CPI supported maximum increases thereafter.
Engineering, Design & Support Services:
Assistant Designer/Technician................................................ $110 Designer/Technician I – IV ..................................................... $115/$125/$135/$145 Senior Designer/Technician I – III............................................ $158/$165/$172 GIS Technical Specialist ........................................................ $150 Senior GIS Technical Specialist............................................... $160 Associate Engineer I – III........................................................ $130/$$140/$150 Engineer I – IV ...................................................................... $160/$165/$170/$175 Senior Engineer I - III ............................................................ $185/$190/$195 Director .............................................................................. $200 Principal Engineer/Consulting Engineer................................... $240 Principal ............................................................................. $260 Surveying Services: Prevailing Wage*
Party Chief..........................................................................$175 ...................................... $225 Instrument Person ................................................................$115 ...................................... $145 Associate Survey Technician ................................................. $110 Survey Technician I – IV ......................................................... $130/$135/$145/$150 Land Surveyor I – III .............................................................. $155/$165/$175 Senior Land Surveyor I - III..................................................... $180/$185/$190 Director .............................................................................. $200 Principal Surveyor ................................................................ $240 Principal ............................................................................. $260 Planning Services:
Associate Planner I - II .......................................................... $105/$115 Planner I – IV ....................................................................... $135/$145/$155/$165 Senior Planner I - III.............................................................. $170/$175/$180 Director .............................................................................. $190 Principal Planner.................................................................. $200 Principal ............................................................................. $220 Landscape Architecture Services:
Associate Landscape Designer I – II.......................................... $100/$110 Designer I – IV ...................................................................... $115/$120/$125/$130 Landscape Architect I - IV...................................................... $135/$140/$145/$150 Senior Landscape Architect I - III ............................................ $155/$160/$165 Director .............................................................................. $180 Principal Landscape Architect................................................ $200 Principal ............................................................................. $220 2022 Standard Billing Rates 1
DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F Construction Management / Field Inspection Services: Prevailing Wage* Construction Inspector I - II ............................................. $135/$150 .................. $165/$172 Senior Construction Inspector .......................................... $155 ................................ $180 Construction Office Tech I-III ........................................... $110/$120/$130 Assistant Resident Engineer I - II....................................... $160/$165 Resident Engineer I - III ................................................. $170/$175/$180 Senior Resident Engineer ............................................... $190 Director .................................................................... $195 Principal Construction Manager ........................................ $225 Principal ................................................................... $235 Public Works Administration Services:
Project Analyst I - IV ..................................................... $115/$125/$135/$145 Senior Project Analyst I - III ............................................ $150/$155/$160 Senior Environmental Compliance Specialist I - III .................. $165/$170/$175 Support Services:
Office Assistant ........................................................... $100 Project Assistant I – III ................................................... $110/$115/$125 *Prevailing Wage:
State established prevailing wage rates will apply to some services based on state law, prevailing wage rates are subject to change over time and geographic location.
Right to Revisions:
Wallace Group reserves the right to revise our standard billing rates on an annual basis, personnel classifications may be added as necessary.
Additional Professional Services:
Fees for expert witness preparation, testimony, court appearances, or depositions will be billed at the rate of $400 an hour. If required to meet schedule requests, overtime on a project will be billed at 1.5 times the employee’s typical hourly rate.
Direct Expenses:
Direct expenses will be invoiced to the client and a handling charge of 15% may be added.
Sample direct expenses include, but are not limited to the following:
travel expenses sub-consultant services agency fees delivery/copy services mileage (per IRS rates) other direct expenses Invoicing and Interest Charges:
Invoices are submitted monthly on an accrued cost basis. A finance charge of 1.5% per month may be assessed on all balances that are thirty days past due.
WALLACE GROUP 2
2022 Standard Billing Rates
DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F Classification Year 1 Hourly Year 2 Hourly Year 3 Hourly Year 4 Hourly Year 5 Hourly Billing Rate* Billing Rate* Billing Rate* Billing Rate* Billing Rate* Senior Principal Engineer/Planner $280.70 $290.52 $300.69 $311.21 $322.11 Principal Engineer/Planner $256.09 $265.05 $274.33 $283.93 $293.87 Associate Engineer/Planner $215.46 $223.00 $230.80 $238.88 $247.24 Senior Engineer/Planner $181.16 $187.50 $194.06 $200.85 $207.88 Engineer/Planner $146.46 $151.59 $156.89 $162.38 $168.07 Transportation Analyst $122.10 $126.38 $130.80 $135.38 $140.12 Technician I $94.86 $98.18 $101.62 $105.18 $108.86
Technician II $118.11 $122.24 $126.52 $130.95 $135.53
Senior Technician $140.27 $145.18 $150.27 $155.52 $160.97 Associate Technician $170.74 $176.71 $182.90 $189.30 $195.92 Office Support $83.05 $85.95 $88.96 $92.08 $95.30
Data Analyst / Software Technician $132.17 $136.80 $141.59 $146.54 $151.67 Senior Data Scientist/Developer $204.40 $211.55 $218.95 $226.62 $234.55 *Average classification rates are shown above. Consistent with the contract, rates are subject to annual escalation. The above rates have been increased 3.5% for subsequent years of the contract.
City of Salinas
2022-2027 On-Call Services Rate Schedule
As of August 2022
DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F Y&C Transportation Consultants, Inc.
2022 Fee Schedule
Engineer XII $230/hr
Engineer XI $215/hr
Engineer X $195/hr
Engineer IX $180/hr
Engineer VIII $165/hr
Engineer VII $155/hr
Engineer VI $140/hr
Engineer V $125/hr
Engineer IV $110/hr
Engineer III $95/hr
Engineer II $85/hr
Engineer I $75/hr
Technician IV $75/hr
Technician III $65/hr
Technician II $55/hr
Technician I $45/hr
Clerk III $65/hr
Clerk II $55/hr
Clerk I $45/hr
The billing rates are subject to a 5% escalation at the beginning of each year.
MISCELLANEOUS COSTS
Reimbursables (Printing and Materials, Express Mail and Delivery Expenses, Filing Fees, Parking and Field Expenses) will be billed at cost.
Auto Mileage will be billed in accordance with current IRS rate.
DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F
STANDARD BILLING RATES
Our standard billing rates are summarized in the table below. Annual rate increases will not exceed two percent. Auto mileage will be billed at the IRS approved rate.
DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F Schedule of Standard Billing Rates
Effective through December 31, 2022
Professional Services
Engineer I $ 120 / hour
Engineer II $ 140 / hour
Engineer III $ 161 / hour
Engineer IV $ 187 / hour
Engineer V $ 208 / hour
Principal Engineer $ 218 / hour
Expert Witness Services $ 360 / hour
Deposition, court appearance and preparation
Administrative Assistant $ 90 / hour
CAD Technician I $ 85 / hour
CAD Technician II $ 105 / hour
Field Technician I $ 110 / hour
Field Technician II $ 130 / hour
Minimum Consultation Fee $ 1,000
Field Survey (Prevailing Wage)
Chief of Party $235 / hour
Instrumentman $225 / hour
Chainman / Rodman $215 / hour
Flagperson / Pedestrian Monitor $170 / hour
Reimbursable Expenses
Sub-Consultants Direct Billing x 1.10
Outside Services Direct Cost x 1.15
Printing, delivery, equipment rental and other direct project expenses In-House Services
Photocopies $ 0.10 sheet
Plotting -internal check plots / plots on bond $ 2.00 sheet -final plots on mylar $ 10.00 sheet
Travel
Automobile mileage $ 0.59 mile
Airfare, Car Rental, etc. Direct Cost x 1.15
Per Diem Allowance (varies by location) $ 150/day
f:\proposal\mme billrates 2022.docx
DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F
FEE SCHEDULE
(Effective January 1, 2022)
Principals Hourly Billing Rate
Senior Principal .............................................................. $250.00 Principal .......................................................................... $225.00 Planners
Principal Planner ........................................................... $200.00 Senior Planner ................................................................ $175.00 Associate Planner .......................................................... $150.00 Assistant Planner ........................................................... $125.00 Biologists Monitoring Rate
Principal Biologist .......................................................... $190.00 ($145.00) Senior Biologist ............................................................... $155.00 ($125.00) Associate Biologist ......................................................... $130.00 ($110.00) Assistant Biologist .......................................................... $115.00 ($95.00) Certified Arborist ........................................................... $125.00 Archaeologist
Registered Professional Archaeologist ....................... $125.00 Support Staff
Desktop Publisher ......................................................... $150.00 Executive Assistant/Production Manager .................. $125.00 Administrative Assistant .............................................. $115.00 GIS/Graphics Technician ................................................ $95.00 This fee schedule is exclusive of direct reimbursable expenses, such as word processing, editing, printing, copying, travel, lodging, dining, communications, supplies, equipment rental, etc. All expenses are billed at cost plus ten percent (10%) for administration. All outside services are billed at cost plus ten percent (10%) for administration. This fee schedule is subject to revision at any time.
A retainer of up to fifty percent (50%) of the approved contract amount may be required for new clients or projects. Invoices are due and payable within 30 days. Past due balances are subject to a service charge of one and one-half percent (1.5%) per month. Service charges are in addition to approved contract amount.
Expert witness services are provided at a fifty percent (50%) mark-up.
EMC PLANNING GROUP INC.
601 ABREGO STREET, MONTERY, CA 93940
(831) 649-8399 / [email protected]
www.emcplanning.com
DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F
Denise Duffy & Associates, Inc.
PLANNING AND ENVIRONMENTAL CONSULTING
947 Cass Street, Suite 5 ▪ Monterey, CA 93940 ▪ Tel: (831) 373-4341 ▪ Fax: (831) 373-1417 2022
SCHEDULE OF RATES
Principal $242.00
Senior Compliance Manager/Engineering Specialist $204.00 Principal Planner $183.00
Senior Project Manager $175.00
Senior Botanist $162.00
Senior Planner/Scientist II $161.00
Project Manager
Senior Planner/Scientist
$153.00
$142.00
Assistant Project Manager $128.00
Environmental Biologist $122.00
Associate Planner/Scientist II $120.00
Associate Planner/Scientist I $116.00
Assistant Planner/Scientist II $108.00
Assistant Planner/Scientist I $104.00
GIS/Computer Specialist $111.00
Administrative Manager $ 90.00
Database/Designer/Graphics $ 85.00
Planning Technician $ 77.00
Field Technician $ 73.00
Production Editor $ 80.00
Administrative Assistant $ 70.00
Direct reimbursable costs associated with the execution of a project are charged at cost plus 15%. These expenses may include, but are not limited to: subconsultant services, printing and graphic charges, permits, filing fees, authorized travel charges, courier, postage, mileage and field supplies. Mileage will be charged at the current IRS mileage rate.
Above rates are effective through 12/31/2022 and may be adjusted thereafter.
DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F Fee Schedule
Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical and Support Personnel* Hourly Rate Principal II $295
DirectorII $295
Principal I $285
DirectorI $285
Senior SupervisorII $258
SupervisorI $240
Senior Professional II $224
Senior Professional I $208
Professional IV $184
Professional III $170
Professional II $153
Professional I $136
Associate III $117
Associate II $102
Associate I $95
Field Technician $82
Data Solutions Architect $175
Senior GIS Specialist $164
GIS/CADD SpecialistII $146
GIS/CADD SpecialistI $131
Technical Editor $130
Project Accountant $110
Billing Specialist $95
Publishing Specialist $105
Clerical $95
* Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, and other professionals. Expert witness services consisting of depositions or in-court testimony are charged at the hourly rate of $375.
Reimbursable Expenses
Direct Cost Rates
Photocopies – Black and White $0.20 (single-sided), $0.40 (double-sided) Photocopies – Color $1.50 (single-sided), $3.00 (double-sided) Photocopies – 11 x 17 $0.50 (B&W), $3.30 (color)
Oversized Maps $8.00/square foot
Digital Production $15/CD, $20/flash drive
Light-Duty and Passenger Vehicles* $88/day
4WD and Off-road Vehicles* $140/day
* $0.65/mile for mileage over 50 and for all miles incurred in employee-owned vehicles.
Other Direct Costs. Costs associated with the execution of a project,that are not included in the hourly rates above, are billed at cost plus 15%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.
Annual Escalation. Standard rates subject to 3.5% annual escalation.
Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within ten (10) days from receipt or per the contractually required payment terms.
DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F Equipment Day Rate
Environmental Site Assessment
Soil Vapor Extraction Monitoring Equipment $155
Four Gas Monitor $133
Flame Ionization Detector $107
Photo Ionization Detector $80
Hand Auger Sampler $60
Water Level Indicator, DC Purge Pump $45
Natural Resources Field Equipment
UAS Drone $268
Spotting or Fiberoptic Scope $165
Pettersson Bat Ultrasound Detector/Recording Equipment $165 Sound Level Metering Field Package (Anemometer, Tripod and Digital Camera) $110 GPS (Sub‐meter Accuracy) $65
Infrared Sensor Digital Camera or Computer Field Equipment $55 Scent Station $22
Laser Rangefinder/Altitude $11
Pit‐fall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $9 Mammal Trap, Large/Small $1.50/$0.50
Water and Marine Resources Equipment
Boat (26 ft. Radon or Similar) $600
Boat (20 ft. Boston Whaler or Similar) $335
Multi Parameter Sonde (Temp, Cond, Turbidity, DO, pH) with GPS $165 Water Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature) $60 Refractometer(Salinity) or Turbidity Meter $37
Large Block Nets $110
Minnow Trap $95
Net, Hand/Large Seine $55
Field Equipment Packages
Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment)
$110
Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme Satellite Beacon, 24‐Hour Safety Phone)
$140
Amphibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hand Net, Field Microscope)
$165
Fisheries Equipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets) $55 Underwater and Marine Sampling Gear(U/W Photo/Video Camera, Scuba Equipment (Tanks, BCD, Regulators, Wetsuits, etc.)
$55/diver
Marine Field Package (PFDs – Personal Flotation Devices, 100-foot Reel Tapes with Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides)
$55
Insurance, Hazard and Fees
Historic Research Fees $50
L&H Dive Insurance $55/diver
Level C Health and Safety $65/person
DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F JULY 2022 FEE SCHEDULE NC-2206-003.FEE
FEE SCHEDULE
(Effective July 1, 2022)
This schedule presents rates for professional and technical services in the fields of geotechnical engineering, engineering geology, environmental consulting, construction observation and testing, and special inspection. Listed are charges for services most frequently performed by Earth Systems. Additional services not listed are available and can be discussed upon request; fixed-fee quotes for some services can also be provided upon request. To discuss a scope of work and fees for a specific project, please contact our office.
PERSONNEL Hourly Rate
Principal Professional.............................................................................................................................................$235.00 Associate Professional ...........................................................................................................................................$210.00 Senior Professional ................................................................................................................................................$200.00 Project Professional ...............................................................................................................................................$170.00 Staff Professional...................................................................................................................................................$150.00 CWI & Special Inspector, Prevailing Wage*...........................................................................................................$145.00 Technician, Prevailing Wage* ................................................................................................................................$140.00 Special Services/Caltrans Technician, Prevailing Wage* .......................................................................................$140.00 Special Services Technician....................................................................................................................................$125.00 CWI Inspector ........................................................................................................................................................$125.00 Special Inspector....................................................................................................................................................$115.00 Technical Assistant.................................................................................................................................................$105.00 Technician..............................................................................................................................................................$105.00 Clerical/Administrative ..........................................................................................................................................$100.00 * Technician/Inspector Classifications as defined by the State of California Department of Industrial Relations.
BASIS OF CHARGES, GENERAL
1. Field services for regular work days for non- Prevailing Wage projects are subject to a 2-hour minimum charge, and billed in 2-hour increments.
2. Work performed on Saturdays, night work, and for premium hours (before 7 a.m., after 5 p.m. or more than 8 hours in one day) for personnel are at time and one-half; Sundays and holidays are at double time. Work performed on weekends, holidays, and when work starts outside of regular business hours is subject to a 4-hour minimum charge.
3. A 2-hour cancellation charge applies if scheduled inspection or testing is cancelled after 4 p.m. the day prior to the scheduled work.
4. Mileage is invoiced at a rate of $0.95/mile (portal-to-portal).
5. Nuclear density gauge charge: $15.00/hour.
6. Weekly special inspection report charge: $120.00
7. Subcontracted services, materials, rental equipment, out of town travel, and expenses are charged at cost plus 20 percent. Fixed per diem rates for specific projects can be provided upon request.
8. Report copies: $30.00 each (minimum). Posting of electronic documents to project websites will be charged at clerical/administrative services rate.
9. Invoices are payable upon presentation. Invoices thirty days past due are subject to a service charge of one and onehalf percent per month. Payments using a credit card will be assigned a 3% surcharge.
10. Rates are effective through December 31, 2022.
PREVAILING WAGE PROJECTS
1. Field services for regular work days for Prevailing Wage projects are subject to a 4-hour minimum charge, and billed in 4-hour increments.
2. The prevailing wage (PW) rates presented herein are based on current rates established by the Department of Industrial Relations (DIR). If, during the course of the project, prevailing wage rates are increased by DIR, rates are subject to adjustment. Also, please note requirements concerning overtime, shift work, travel time, holidays, and other factors can vary for different classifications of work under prevailing wage regulations.
3. Projects where State regulations require electronic submittal of Certified Payroll to DIR for prevailing wage will be assessed a fee of $85.00/week. Additional time required to address specific requests related to DIR/Labor Compliance will be charged at the clerical/administrative services rates.
DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F JULY 2022 FEE SCHEDULE NC-2206-003.FEE
FEE SCHEDULE - MATERIALS TESTING
(Effective July 1, 2022)
BASIS OF CHARGES
Rates for field work such as materials sampling, construction inspection, and field evaluation will be in accordance with the Personnel Rates listed in the basic Fee Schedule. The below listed rates apply to standard ASTM test methods. An additional hourly charge ($105.00/hr.) will be applied for cutting, capping, or other preparation of non-standard samples and, where noted, for steel samples.
SOILS
All prices are based on California and Modified California sample sizes (2” – 2.5” diameter) unless noted otherwise.
Preparation of 3” diameter samples add $20.00. Testing of contaminated soil will be per quote. Samples will be returned to sender for proper disposal.
Atterberg Limits: Liquid Limit or Plastic Limit................................................................................................................$130.00 Atterberg Limits: Plasticity Index ..................................................................................................................................$235.00 California Bearing Ratio, 3 points; incl. ref maximum density ......................................................................................$575.00 California Bearing Ratio, 9 points; incl. ref maximum density ......................................................................................$945.00 Consolidation, one dimensional....................................................................................................................................$205.00 Consolidation, timed, per point ....................................................................................................................................$100.00 Basic Corrosivity w/out Rpt (pH, Sulfate, Chl., Resistivity)........................................................................................ Per Quote Direct Shear, 3 points minimum....................................................................................................................................$300.00 Expansion Index Test.....................................................................................................................................................$195.00 Maximum Density and Optimum Moisture: 4” Mold ...................................................................................................$280.00 Maximum Density and Optimum Moisture: 6” Mold ...................................................................................................$320.00 Maximum Density and Optimum Moisture: California Impact.....................................................................................$305.00 Moisture and Unit Weight Determination, from Ring Samples......................................................................................$45.00 Moisture Only..................................................................................................................................................................$40.00 Permeability Tests, constant head or falling head .................................................................................................... Per Quote R-Value ..........................................................................................................................................................................$300.00 R-Value, CA State Hwy/set of 3, Cement, Lime, Other addts........................................................................................$375.00 Hydro Collapse Potential...............................................................................................................................................$165.00 Hydrometer Analysis, assumed specific gravity, with 200 wash...................................................................................$240.00 Sieve/Hydrometer Anlys, assumed specific grvty, w/200 wash....................................................................................$250.00 Sieve Analysis, Aggregate Base/Subbase ......................................................................................................................$140.00 Sieve Analysis 200 wash only ........................................................................................................................................$100.00 Sieve Analysis with wash...............................................................................................................................................$135.00 Sieve Analysis, Oversize Material ..................................................................................................................................$215.00 Specific Gravity..............................................................................................................................................................$145.00 Swell Test, undisturbed.................................................................................................................................................$205.00 Swell Test, remolded.....................................................................................................................................................$230.00 Unconfined Compressive Strength, untreated..............................................................................................................$105.00 Unconfined Compressive Strength, lime or cement treated mtrl.................................................................................$490.00
THERMAL RESISTIVITY TESTS
Concrete, 1 pt w/moisture content (req spcl collection proc).................................................................................. Per Quote Field Testing using Thermal Resistivity Meter........................................................................................................... Per Quote Soil, per moisture point, per sample......................................................................................................................... Per Quote Soil, 3 moisture points with dry‐out curve, per sample ............................................................................................ Per Quote
CONCRETE AGGREGATE
Abrasion, L.A. Rattler, 100 and 500 revolutions............................................................................................................$300.00 Absorption, Coarse Aggregate ........................................................................................................................................$85.00 Absorption, Fine Aggregate...........................................................................................................................................$125.00 Clay Lumps and Friable Particles in Aggregate..............................................................................................................$125.00 Cleanness Value of Coarse Aggregate ...........................................................................................................................$175.00 Crushed Particles, each size ..........................................................................................................................................$125.00 DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F JULY 2022 FEE SCHEDULE NC-2206-003.FEE
FEE SCHEDULE - MATERIALS TESTING
(Effective July 1, 2022)
CONCRETE AGGREGATE (Cont.)
Durability Index, Coarse or Fine Aggregate...................................................................................................................$175.00 Flat and Elongated Particles in Aggregate.....................................................................................................................$115.00 Organic Impurities in Fine Aggregate..............................................................................................................................$95.00 Potential Reactivity of Aggr by Chemical Method, ea size........................................................................................ Per Quote Sand Equivalent.............................................................................................................................................................$170.00 Sieve Analysis, washed..................................................................................................................................................$190.00 Soundness, Sodium Sulfate, 5 cycles.............................................................................................................................$350.00 Specific Gravity, Coarse Aggregate................................................................................................................................$120.00 Specific Gravity, Fine Aggregate....................................................................................................................................$150.00 Uncompacted Void Cntnt of Fine Agg Angularity, w/fine Agg SG.................................................................................$235.00 Unit Weight of Aggregate................................................................................................................................................$95.00
CONCRETE CYLINDERS, BEAMS AND CORES
Compression Test of Cast Cylinders per cylinder............................................................................................................$45.00* Compression Test of Cored Samples, cored at laboratory............................................................................................$120.00 Compression Test of cores delivered by others..............................................................................................................$75.00 Compression Test of Lightweight Concrete ....................................................................................................................$50.00* Density of Concrete Cylinders.........................................................................................................................................$80.00 Density of Hardened Concrete ........................................................................................................................................$95.00 Flexural Strength, Simple Beam with Third Point Loading ............................................................................................$115.00 Grading of Shotcrete Cores...........................................................................................................................................$190.00 Sample Storage, monthly per sample ............................................................................................................................. $45.00 Shrinkage, set of 3.........................................................................................................................................................$400.00 Unit Weight of Lightweight Concrete..............................................................................................................................$70.00 Enviro. Recycling Fee, per cylinder, core or beam ............................................................................................................$2.00 Enviro. Recycling Fee, per flex beam.................................................................................................................................$3.00 Enviro. Recycle Fee/Form Stripping, per shotcrete panel/beam ....................................................................................$65.00
MASONRY
Absorption of Block, set of 3 .........................................................................................................................................$130.00 Absorption/Specific Gravity/Moisture Content of Block, set of 3.................................................................................$315.00 Compression Test, 2” x 4” Mortar Cylinders...................................................................................................................$40.00* Compression Test, 3” x 3” x 6” Grout Samples ...............................................................................................................$60.00* Compression Test on Block, set of 3..............................................................................................................................$165.00 Compression Test on Grouted Prisms, includes cutting................................................................................................$155.00* Compression Test on Masonry Cores..............................................................................................................................$67.00 Coring of Grouted Masonry by Subcontractor..........................................................................................................cost + 20% Masonry Shrinkage, set of 3..........................................................................................................................................$245.00 Moisture Content of Block as received, set of 3 .............................................................................................................$85.00 Shear Test on Masonry Cores, 2 faces ..........................................................................................................................$110.00 Specific Gravity and Unit Weight of Block, set of 3.......................................................................................................$100.00 Enviro. Recycling Fee, per masonry prism.........................................................................................................................$3.00 Enviro. Recycling Fee, per mortar or grout sample...........................................................................................................$2.00 * Includes formal report of test results following 28-Day tests.
FIREPROOFING
Fireproof Bond Test................................................................................................................................................... Per Quote Fireproofing Density Test (1)...........................................................................................................................................$80.00
ASPHALT CONCRETE
Bulk Specific Gravity of Compacted Specimens and Core Samples.................................................................................$80.00 Compaction of Lab Samples, CA Kneading Compactor, set of 3....................................................................................$240.00 Compaction of Lab Samples, CA Kneading Compactor, set of 5....................................................................................$400.00 DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F JULY 2022 FEE SCHEDULE NC-2206-003.FEE
FEE SCHEDULE - MATERIALS TESTING
(Effective July 1, 2022)
ASPHALT CONCRETE (Cont.)
Compaction of Lab Spls, Mrshl Mthd set of 3 –(50 blows/side)....................................................................................$245.00 Compaction of Lab Spls, Mrshl Mthd set of 3 –(75 blows/side)....................................................................................$260.00 Extraction of Oil from A.C. Mixtures..............................................................................................................................$275.00 Extraction of Oil from Rubberized Mixtures..................................................................................................................$365.00 Gyratory Compactor, per set of field mixed asphalt .....................................................................................................$495.00 Hamburg Wheel Tracker Test, per set of field mixed asphalt.......................................................................................$890.00 Ignition Oven Binder Cntnt, after initial corr value is det..............................................................................................$275.00 Ignition Oven Binder Cntnt Corr Value /mix design, ave of 3........................................................................................$800.00 Ignition Oven Gradation Correction Value, per mix design....................................................................................... Per Quote Moisture Content ............................................................................................................................................................$50.00 Sieve Analysis of Extracted Aggregate...........................................................................................................................$285.00 Sieve Analysis of Ignition Oven Residue ........................................................................................................................$170.00 Specific Gravity, Theoretical Maximum, Rice Method ..................................................................................................$170.00 Stability and Flow, Marshall Apparatus, set of 3...........................................................................................................$240.00 Stabilometer, Hveem S-Value, set of 3..........................................................................................................................$350.00 Enviro. Recycling Fee, per sample .....................................................................................................................................$2.00 Enviro. Recycling Fee for Extracted Oils ..........................................................................................................................$45.00
REINFORCING AND STRUCTURAL STEEL
Bend Test of Welded Specimen, sample preparation not incl........................................................................................$80.00 Pipe Flattening Test, sample preparation not included ..................................................................................................$75.00 Reinforcing Steel Coupler Tensile and Slip Tests...........................................................................................................$250.00 Structural Steel Bend Test, sample preparation not included ........................................................................................$80.00 Structural Steel Machining/Sample Preparation.......................................................................................................cost + 20% Structural Steel Tensile Test, sample prep not included.................................................................................................$80.00 Tensile and Bend Tests of Reinforcing Bar, #2 through #9............................................................................................$170.00 Tensile and Bend Tests of Reinforcing Bar, #10 through #18 ................................................................................... Per Quote Enviro. Recycling Fee, per sample .....................................................................................................................................$2.00
BOLT TESTS
Bolt Tests, chemical or mechanical ...........................................................................................................................cost + 20%
WELDER QUALIFICATION
AWS D1.1: 3/8” Plate, per position ........................................................................................................................... Per Quote AWS D1.1: 1” Plate, per position............................................................................................................................... Per Quote AWS D1.3: Sheet Steel............................................................................................................................................... Per Quote AWS D1.4: Reinforcing Bar........................................................................................................................................ Per Quote ASME/API Pipe Sections............................................................................................................................................ Per Quote EQUIPMENT/CHARGES (Does Not Include Personnel)
110-volt Portable Electric Generator .................................................................................................................... $100.00/day Anchor Pull Test Equipment......................................................................................................................................$45.00/hr.
Bailer (disposable) w/dedicated rope ...................................................................................................................... $35.00/ea.
Concrete and Asphalt Concrete Coring Equipment...................................................................................................cost + 20% Concrete Slab Moisture Transmission Kit................................................................................................................. $45.00/ea.
Conductivity Meter....................................................................................................................................................cost + 20% Cut-Off Saw ............................................................................................................................................................. $90.00/day Double Ring Infiltrometer (per set)....................................................................................................................... $165.00/day Drum Dolly............................................................................................................................................................... $40.00/day Drums....................................................................................................................................................................... $90.00/ea.
Dynamometer, In-line Scale ...................................................................................................................................... Per Quote Hammer Drill .............................................................................................................................................................cost + 20% Hand Auger/Sampler Equipment ............................................................................................................................ $65.00/day Lock n, Load VOC Sample Pres. Sys. ......................................................................................................................... $35.00/ea.
DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F JULY 2022 FEE SCHEDULE NC-2206-003.FEE
FEE SCHEDULE - MATERIALS TESTING
(Effective July 1, 2022)
EQUIPMENT/CHARGES (Cont.) (Does Not Include Personnel)
Magnetic Particle Equipment.....................................................................................................................................$25.00/hr Non-Destructive Testing Equipment ......................................................................................................................... Per Quote Manometer ........................................................................................................................................................... $115.00/day Mini-Troll Groundwater Level Transducer............................................................................................................ $115.00/day Mobile Laboratory..................................................................................................................................................... Per Quote Nuclear Density Equipment.......................................................................................................................................$15.00/hr.
Paint Thickness Meter............................................................................................................................................... Per Quote Vehicle with Percolation Tank System .................................................................................................................. $260.00/day Personal Protective Equipment Level C..................................................................................................................... Per Quote Pile Driving Equipment (for pile load testing) ........................................................................................................... Per Quote Pile Load Testing Equipment..................................................................................................................................... Per Quote Pulse Velocity Meter ................................................................................................................................................. Per Quote Rebound Hammer (Schmidt Hammer).................................................................................................................... $60.00/day Reinforcing Steel Locating Equipment (DR-Meter) ............................................................................................... $105.00/day Relative Humidity Meter....................................................................................................................................... $100.00/day Off Road Vehicle........................................................................................................................................................ Per Quote Safety and Specialty Equipment................................................................................................................................ Per Quote Sampling Consumables ............................................................................................................................................. Per Quote Skidmore Bolting Calibration Equipment..................................................................................................................$25.00/hr.
Slope Inclinometer Equipment, per hole .................................................................................................................. Per Quote Soil Sampling Containers (metal) ............................................................................................................................. $25.00/ea.
Soil Sampling Containers (glass)............................................................................................................................... $10.00/ea.
Tape Extensometer ................................................................................................................................................... Per Quote Tension Equipment ............................................................................................................................................... $160.00/day Torque/Tension Equipment .................................................................................................................................... $80.00/day Water Level Indicator.............................................................................................................................................. $55.00/day Windsor Probe, set of 3............................................................................................................................................. Per Quote Per Diem.................................................................................................................................................................... Per Quote DIR Compliance/eCPR, per week.....................................................................................................................................$85.00 DSA Box Posting, ea.........................................................................................................................................................$85.00 DSA Lab Compliance, per week.......................................................................................................................................$85.00 Vehicle Mileage Charge.....................................................................................................................................................$0.95 DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F JULY 2022 FEE SCHEDULE NC-2206-003.FEE
EXPERT WITNESS SERVICES
(Effective July 1, 2022)
The following rates apply to deposition testimony, arbitration testimony, hearings and court appearances.
HOURLY CHARGES FOR PERSONNEL
Principal Professional ........................................ $400.00 Associate Professional ....................................... $300.00 Senior Professional ............................................ $250.00 Clerical/Admin Services..................................... $100.00
SPECIAL SERVICES
Deposition ................................................. $400.00/hr. 2 Arbitration ................................................... $400.00/hr.
Court Appearance/Hearings...........$1,500.00/half day3 Standby to Appear....................................$750.00/day4
BASIS OF CHARGES
1. Hourly rates are charged during investigation, analysis, consultation, and preparation services.
2. Estimated deposition fee payable in advance by party requesting deposition. The difference between advance payment and final fee to be billed or refunded in accordance with the fee and billing information in this schedule.
Fee for reviewing deposition transcript will be billed at hourly rates to the party requesting the review.
3. Minimum half day charge will apply to court appearances and hearings. Time extending through the noon hour will be subject to the full day charge of $3,000.00.
4. Days, or portions thereof, reserved for appearances at hearings, court, or arbitrations, during which we are not required to be away from our offices will be subject to a standby charge of $750.00. Standby at other locations will be charged at the general hourly rates.
DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F 391 Front Street, Suite D
Grover Beach, CA 93433
(805) 481-9590
www.yeh-eng.com
Colorado California
Denver | Colorado Springs | Durango | Glenwood Springs | Grand Junction | Greeley Grover Beach | Ventura
STANDARD FEE SCHEDULE
CALIFORNIA
EFFECTIVE JULY 2022
Professional Services:
Classification Rate
Principal .......................................................................................................................................................................$ 210/hr Senior Project Manager, Engineer or Geologist........................................................................................................$ 195/hr Senior Project Specialist..............................................................................................................................................$ 180/hr Project Manager, Associate Engineer or Associate Geologist..................................................................................$ 170/hr Senior Project Engineer or Geologist.........................................................................................................................$ 150/hr Project Engineer or Geologist.....................................................................................................................................$ 135/hr Senior Staff Engineer or Geologist.............................................................................................................................$ 125/hr Staff Engineer or Geologist.........................................................................................................................................$ 110/hr Engineer or Geologist Intern ......................................................................................................................................$ 70/hr Resident Construction Engineer.................................................................................................................................$195/hr Construction Manager................................................................................................................................................$ 170/hr Construction Observer................................................................................................................................................$ 135/hr Laboratory Supervisor.................................................................................................................................................$ 120/hr CAD Designer...............................................................................................................................................................$ 135/hr Administrative Assistant.............................................................................................................................................$ 85/hr Overtime rates for Construction Observation and Office Staff is 1.5 x rates shown.
Laboratory tests are quoted on separate schedule or cost-plus 10 percent for outside laboratory testing when applicable.
Fees for expert witness preparation, testimony, court appearances, or depositions will be billed at the rate of $350 per hour.
Rates do not include prevailing wages for field services. Prevailing wages will be determined on a project-by-project basis.
Other Direct Charges:
Subcontracted services, copying and rented equipment................................................................ Cost Plus 10% Travel, subsistence, and expenses.................................................................................................... Cost Plus 10% Vehicle ................................................................................................................................................ $ 80/day Automobile Mileage .......................................................................................................................... $ 0.55/mile Hand Auger Kit................................................................................................................................... $ 100/day Slope Inclinometer and readout ....................................................................................................... $ 125/day DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F Local Assistance Procedures Manual Exhibit 10-H2
Cost Proposal
Note: Mark-Ups are Not Allowed
Consultant
Project No. Participation Amount $ City of Salinas On-Call Engineering Services Contract No. Date For Combined Rate
Fringe Benefit % + General & Administrative % = 135.00% Combined ICR% For Home Office Rate
Fringe Benefit % + General & Administrative % = Home Office ICR% For Field Office Rate
Fringe Benefit % + General & Administrative % = Field Office ICR% Fee =
1/1/2022 12/31/2022 $62.50 3.00%
1/1/2023 12/31/2023 $64.38 3.00%
1/1/2024 12/31/2024 $66.31 3.00%
1/1/2025 12/31/2025 $68.30 3.00%
1/1/2026 12/31/2026 $70.34 3.00%
1/1/2021 12/31/2021
1/1/2022 12/31/2022 $46.88 3.00%
1/1/2023 12/31/2023 $48.29 3.00%
1/1/2024 12/31/2024 $49.73 3.00%
1/1/2025 12/31/2025 $51.23 3.00%
1/1/2026 12/31/2026 $52.76 3.00%
1/1/2021 12/31/2021
1/1/2022 12/31/2022 $38.12 3.00%
1/1/2023 12/31/2023 $39.26 3.00%
1/1/2024 12/31/2024 $40.44 3.00%
1/1/2025 12/31/2025 $41.65 3.00%
1/1/2026 12/31/2026 $42.90 3.00%
1/1/2021 12/31/2021
1/1/2022 12/31/2022 $27.00 3.00%
1/1/2023 12/31/2023 $27.81 3.00%
1/1/2024 12/31/2024 $28.64 3.00%
1/1/2025 12/31/2025 $29.50 3.00%
1/1/2026 12/31/2026 $30.39 3.00%
1/1/2021 12/31/2021
1/1/2022 12/31/2022 $22.00 3.00%
1/1/2023 12/31/2023 $22.66 3.00%
1/1/2024 12/31/2024 $23.34 3.00%
1/1/2025 12/31/2025 $24.04 3.00%
1/1/2026 12/31/2026 $24.76 3.00%
1/1/2021 12/31/2021 $85.34
1/1/2022 12/31/2022 $85.34
1/1/2023 12/31/2023 $85.34
1/1/2024 12/31/2024 $85.34
1/1/2025 12/31/2025 $85.34
1/1/2026 12/31/2026 $85.34
1/1/2021 12/31/2021 $81.75
1/1/2022 12/31/2022 $81.75
1/1/2023 12/31/2023 $81.75
1/1/2024 12/31/2024 $81.75
1/1/2025 12/31/2025 $81.75
1/1/2026 12/31/2026 $81.75
1/1/2021 12/31/2021 $78.87
1/1/2022 12/31/2022 $78.87
1/1/2023 12/31/2023 $78.87
1/1/2024 12/31/2024 $78.87
1/1/2025 12/31/2025 $78.87
1/1/2026 12/31/2026 $78.87
2. The cost proposal format shall not be amended
4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.
Not Applicable
Not Applicable
Not Applicable
N/A Not Applicable
$56.87
$58.58
$60.33
$62.14
$64.01
N/A
$220.60
$220.60
$220.60
$220.60
$220.60
N/A
$211.32
$211.32
$211.32
$211.32
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
STAFF**
Party Chief
Field
EXHIBIT 10-H2 COST PROPOSAL
SPECIFIC RATE OF COMPENSATION (Use for On-Call or As-Needed Contracts) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
$101.50
Actual or Average
Hourly Rate4
$161.56
BILLING INFORMATION
Name/Job Title/Classification1
Hourly Billing Rates2
$166.41
$171.40
$181.84
9222
POLARIS LAND SURVEYING, INC.
N/A
10.00%
CALCULATION INFORMATION
$69.80
$71.89
$74.05
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultants annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement
NOTES:
N/A
N/A N/A
N/A
STAFF
STAFF **
Instrument Person
Field
Survey Technician 1
Office
N/A N/A
N/A N/A
% or $
Increase
Hourly Range -
for Classifications
Only
$110.91
N/A
Kathy Nitayangkul *
Exempt
N/A
$121.18
$124.82
Office $128.56
Project Manager
$104.54
Office
Lynn Kovach *
Straight3
N/A
N/A
OT(1.5x) OT(2x)
N/A
Principal/Owner/Project Manager
N/A
N/A
Effective Date of Hourly
Rate
From To
$98.54
N/A
Exempt
$136.39
N/A
N/A
N/A
Project Surveyor N/A N/A
N/A N/A Not Applicable
Not Applicable
Not Applicable
Not Applicable
N/A N/A
N/A N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
Survey Technician 2 N/A N/A
$78.55 N/A N/A
$76.27 N/A N/A
Office
Parker Muller
$176.54
$132.42
$107.68
Ryder Kovach *
Exempt
Office
$211.32
N/A
$203.88
$203.88
$203.88
$203.88
$203.88
N/A
N/A
N/A N/A
N/A N/A
N/A N/A
Field
STAFF **
Chainman
Prime Consultant Subconsultant 2nd Tier Subconsultant
January 2020
DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F 1 RATE SHEET
City of Salinas August 29, 2022
Proposal for On‐Call Consultant Services
www.FinanceDTA.com
RATE SHEET
DTA shall be remunerated for services based on a time and materials basis at the hourly rates shown in Table 1, with invoices being submitted to the City of Salinas (the “City”) monthly.
Table 1: Fee Schedule
Labor Category Labor Rate
President/Managing Director $295/Hour
Senior Vice President $260/Hour
Vice President $240/Hour
Senior Manager $205/Hour
Manager $195/Hour
Senior Associate $185/Hour
Associate III $175/Hour
Associate II $165/Hour
Associate I $150/Hour
Research Associate II $140/Hour
Research Associate I $125/Hour
In addition to fees for services, the City shall reimburse DTA for out‐of‐pocket and administrative expenses by paying a charge equal to 3% of DTA’s monthly billings for labor, plus travel expenses and any outside vendor payments. All hourly rates for services shall not change for the first year of the agreement but shall be subject to an annual cost‐of‐living increase thereafter.
DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F Job Category
Hourly
Billing Rate
(2022)
MANAGEMENT
President $294
Principal Engineer/Scientist $271
Senior Project Manager $255
Project Manager $240
ENGINEERING AND SCIENCE
Senior Engineer $223
Senior Associate Engineer $207
Associate Engineer $184
Junior Engineer $146
Senior Water Resources Specialist or Hydrologist $190
Associate Water Resources Specialist or Hydrologist $169 Junior Water Resources Specialist or Hydrologist $136
Senior Scientist $196
Associate Scientist $158
Junior Scientist $125
TECHNICAL
Senior Programmer/Web Developer $217
Associate Programmer/Web Developer $163
Civil Designer $153
CADD Technician $130
Senior GIS Analyst $174
Associate GIS Analyst $141
PRODUCTION AND ADMINISTRATIVE
Senior Graphics Artist $163
Staff Graphics Artist $120
Senior Technical Editor $136
Technical Editor $114
Contract Administrator $163
Administrative/Clerical $87
Water Resources Intern $59
BILLING RATE SCHEDULE
DocuSign Envelope ID: 257AC3C2-B61C-455E-83FE-550EB023974F Sept 25, 2024 (revised)
Josie Lantaca
City of Salinas Public Works Department
200 Lincoln Avenue
Salinas, CA 93901
Subject: Boronda Road Congestion Relief Project; CIP No. 9510 Phase 1 PS&E Contract Amendment #2 (CA#2) for Design Support During Construction (DSDC) Dear Ms. Lantaca:
Our team's commitment to support the success of this major project for the City does not end when the construction contract documents are advertised and awarded. We are dedicated to continuing to help deliver this important project and want to thank you for allowing us to continue to support the City by providing our proposal for Design Support During Construction (DSDC). The combination of multilane roundabout construction requiring partial closure of the intersection, significant utility upgrades, pulverization and cement treatment for the pavement areas, and a myriad of other design details will require close coordination with the City, Construction Management (CM) and through you ultimately to the Contractor’s staff.
PROJECT UNDERSTANDING & EXAMPLE AREAS OF SUPPORT NEEDS
Drainage, Sewer, and Utilities
This project involves significant storm drain, sewer, and utility improvements that make up over 20% of the project's construction cost. A new storm drain mainline is proposed along the full length of the Boronda Road reconstruction as well as multiple laterals, inlets, manholes, overflow structures, and specialty junction structures. There are also intricate details related to the multilayered bioretention planters, underdrains, and agricultural ditch grading. This project also includes a new sanitary sewer mainline on Boronda Road from McKinnon Street to the eastern limits of work and will include intercepting the existing sewer mainline on McKinnon Street. There are multiple privately owned utilities through the project site including AT&T PG&E, Comcast, and California Water. Utility coordination was limited during the design phase with potholing deferred until construction; therefore, there are still significant unknowns related to the depth of existing facilities and coordination with the proposed sewer and storm drain profiles. Helping the City construction team navigate the proposed drainage and sewer system improvements and any potential field requested revisions requires ready access to information and engagement by the design team. We will work with the City to assess questions and provide the CM team responses to Requests for Information (RFI’s) from the Contractor. We understand that the City will continue to lead the coordination efforts with the private utility companies.
Stage Construction and Traffic Handling
Constructing a multilane roundabout with significant underground utility work, lighting, and pedestrian crossing beacons while maintaining both drainage and traffic required a detailed stage construction and traffic handling plan. This aspect of the project will be critical to construct the improvements efficiently and safely while maintaining access to and from the elementary school. Our team identified a construction staging and detour plan with specifications and plan sheets. Wallace Group staff will be ready to support field questions or review of proposed revisions of the construction/detour signage and traffic handling efforts.
We understand that Contractor operations, means and methods may vary from what was envisioned, and we will be available to help assess proposed changes. Additionally, a detour plan was created for the partial intersection closure stage but the actualization of the appropriate level of signage and adjustment to the public response to that detour is time critical to maintain the effectiveness of the detour and keep the project on schedule. We will be available to work with the City staff and the CM team to assess observations in the field and potential changes to traffic handling details to maintain an efficient rerouting of traffic through the intersection.
Boronda Road Congestion Relief DSDC
City of Salinas
Geotechnical
The project design included detailed pavement analysis as well as borings in agricultural fields to guide potential treatment options. Traditional full excavation and replacement approach was ruled out due to significant cost implications so a hybrid of milling, cement treatment, grinding and overlay was incorporated to increase cost effectiveness. Borings samples are representative of underground conditions but are not all encompassing of all conditions that may be encountered. Additionally, Contractor operations once grading commences could result in unexpected factors that require resolution. Earth System and Wallace Group staff will be available to support potential geotechnical issues in this long corridor project.
Electrical
The electrical design for this project includes street lighting around the roundabout and on the approaches and rectangular rapid flashing beacons (RRFB) at the crosswalks. Along with Wallace Group staff, representatives from Kittelson & Associates, Inc. (Kittelson) will provide support for electrical needs involved in setting up service by the Contractor and PG&E forces; however, the City will continue to coordinate directly with PG&E.
Review of Submittals and Change Requests for Conformance with Design Outcomes The design process incorporated a strong and robust QC and independent technical specifications review to assure project goals would be incorporated and controlled. Our team will be available for in-depth review of RFI’s, permit compliance support questions and any proposed substantive alternative approaches to assure conformance with project goals.
ADDITIVE SCOPE OF SERVICES
We have prepared this contract amendment request to augment the approved project budget and services within the following tasks. The project understanding for these services is integral to the context and assumptions of this scope and thus is included by reference to the following summary of anticipated activities.
Task 1: Project Management and Meetings
Task 1.1 Project Management
This task consists of project management and coordination throughout the duration of this phase of the project. This task includes efforts for project management activities, including preparing monthly invoices and project status updates. This task assumes the project construction phase will have an approximately 20-month duration for our services.
Task 1.2 Meetings
It is anticipated that up to four key members of the Wallace Group team will attend a project preconstruction kick-off meeting with City staff. This meeting will provide the opportunity for the participants to discuss the City’s desires for this phase of the project. We will contribute to an agenda and meeting notes for distribution to the team. We have also included budget for weekly virtual construction meetings with up to two Wallace Group staff, City, CM and Contractor staff. We also anticipate performing up to five (5) site visits related to the project to observe critical activities.
Task 9: Design Support During Construction
Task 9.1 Technical Support
To support the City during the construction phase of the project, the Wallace Group team will provide Design Support During Construction (DSDC) under the City’s direction. While we expect the City and the CM team to manage direct formal communications with the construction Contractor forces, our team will be available to attend construction meetings, assist in submittal reviews and responses to Contractor Requests for Information (RFI's), Boronda Road Congestion Relief DSDC
City of Salinas
review required shop drawing submittals and provide consultation and other typical DSDC supports.
Due to the indeterminate nature of the coordination/support requests, this task is currently intended to proceed within the budgeted amount on a time and materials basis to the NTE amount shown for this task. If more support requests are received, they are to be authorized by the City as additional work (as/if needed).
Task 9.2: Record Drawings Preparation
CM and Construction Contractor staff are expected to maintain clean and clear records of field changes authorized by the City and deemed necessary to accommodate construction means and methods. The DSDC team will be available to assist in the preparation of “as-built” drawings based on clean and legible markups provided by the City and the construction phase staff. This task is offered if budget allows at the end of the project construction.
Deliverables:
• Review and respond to up to thirty-five (35) material submittals • Review and respond to up to forty-five (45) RFI’s
• Perform site visits to review issues or concerns
• Prepare revisions to plan sheets or added detail drawings for construction clarifications • Assist in the determination of quantities and payment analysis for potential changes
PROJECT BUDGET
The requested amendment to the project budget is $199,948 and is broken out by task as indicated in our budget summary (Attachment A). The allocation by task is meant to indicate the potential distribution of work, however, the task fee allocations are not individual contract limits. Wallace Group will perform the services in this proposal in accordance with the terms and billing rates per the “Master Services Agreement for Professional Services Between the City of Salinas and Wallace Group” dated January 10, 2023.
We thank you for the opportunity to continue to serve the City on this important project. If you would like to discuss this proposal in greater detail, please feel free to contact me.
Sincerely,
WALLACE GROUP, a California Corporation
Jorge Aguilar, PE C48704
Principal
612 Clarion Court
San Luis Obispo, California 93401
T 805 544-4011
www.wallacegroup.us
Attachment A Project Budget Amendment Breakout
THIS PROPOSAL IS VALID FOR 90 DAYS FROM THE DATE OF THIS DOCUMENT Wallace Group Team Resource Estimate for the
Boronda Road Congestion Relief - DSDC Attachment A - BUDGET SUMMARY PRINCIPAL DIRECTOR SENIOR ENGINEER III SENIOR ENGINEER II ENGINEER III DIRECTOR OF LANDSCAPE ARCHITECTURE SENIOR LANDSCAPE ARCHITECT III LANDSCAPE ARCHITECT IV PROJECT ASSISTANT III KITTELSON EARTH SYSTEMS SARRO EMC Misc. Direct Costs TOTAL LABOR HOURS TOTAL
TASK DESCRIPTION HRS HRS HRS HRS HRS HRS HRS HRS HRS HRS HRS HRS HRS Cost HRS LABOR COST RATE $268 $206 $201 $196 $175 $185 $170 $155 $129 $ $
1 Project Management and Meetings
1.1 Project Management 20 9 10 39 $8,965 $8,965
1.2 Meetings 12 18 20 14 8 12 6 12 6 $1,423 108 $22,094 $23,517 9 Design Support During Construction
9.1 Technical Support 23 16 64 150 224 12 32 32 64 40 40 36 $200 733 $141,094 $141,294
9.2 Record Drawings Preparation 8 10 12 36 8 16 12 102 $18,864 $18,864 SUB-TOTALS 55 24 92 182 274 28 44 54 9 98 40 40 42 $1,623 982 $191,017 $192,640 WALLACE GROUP LABOR COSTS $14,729 $4,944 $18,478 $35,617 $47,977 $5,191 $7,478 $8,343 $1,159 $143,917 WALLACE GROUP DIRECT COSTS $1,423
SUBCONSULTANT DIRECT COSTS $23,550 $10,800 $4,400 $8,550 $47,300 DIRECT COSTS OVERHEAD @ 15% $7,308
TOTAL $199,948
Task Budgets may fluctuate within Overall Budget
* Designates Prevailing Wage WALLACE GROUP CORPORATE PHASE / TASK No. 0886-0009-01 Boronda Rd CA 2 DSDC budget-OnCall rates rvsd 2024-09-25.xlsx Summary Page 1 9/25/2024 City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-553, Version: 1
Direct Purchase of City Vehicles
Approve a Resolution authorizing the Purchasing Officer to directly purchase five (5) vehicles for use by Public works and Community Development Department employees for a total cost not to exceed $767,661.94.
City of Salinas Page 1 of 1 Printed on 10/3/2024
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Page | 1
CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: OCTOBER 8, 2024
DEPARTMENT: PUBLIC WORKS, ENVIROMENTAL MAINTENANCE
FROM: DAVID JACOBS, PUBLIC WORKS DIRECTOR
BY: TERRY MILLEMAN, FLEET MAINTENANCE MANANGER
TITLE: DIRECT PURCHASE OF CITY VEHICLES
RECOMMENDED MOTION:
A motion to approve a Resolution authorizing the Purchasing Agent to directly purchase five (5) vehicles for use by Public Works and Community Development Department employees for a total cost not to exceed $767,661.94.
EXECUTIVE SUMMARY:
Staff recommends that City Council authorize the direct purchase of five (5) vehicles for use by City employees of various departments for a total cost not to exceed $767,661.94. Public Works continues to replace dated and worn-out vehicle fleet and equipment. The FY 2024-25 City Budget provided funding to Departments to purchase new and replacement vehicles. When such vehicles can be located, provided the total cost of each vehicle does not exceed the projected “not to exceed” cost identified in this Report and provided the total cost for all the vehicles does not exceed $767,661.94, the purchases will be completed.
BACKGROUND:
Permit Services will be utilizing the (1) new Toyota Tacoma. The Permit Center has a plan to replace their vehicles every 5 years before any major repairs are needed. They would normally trade their old vehicle in to offset the cost; however, the Fleet Division has identified a need in the Parks Division. Fleet will pay the trade in value of $18,000 from the Fleet replacement fund to keep the older vehicle in service and eventually reallocate the vehicle to the Parks Division. The remaining balance of $28,688.44 is paid by the enterprise fund listed in the Fiscal and Sustainability Impact section. This would save the City about $30,000 by not purchasing a brandnew truck for the Parks Division next year.
The Facilities Division will be receiving (1) new replacement Ford F450 graffiti truck to remove and clean graffiti throughout the City of Salinas. Their old van PW-32 was decommissioned last year due to major mechanical failures. They are currently using two vehicles to accomplish the work needed. This new truck will make it more efficient for the graffiti abatement crew to complete their workload.
Page | 2
The Streets Division will receive (2) new replacement F350 flatbed trucks. These (2) trucks will replace PW-98 and PW-21 that are in serious need of replacement. PW-21 is 22 years old and has over 107,000 miles on it. PW-98 is 25 years old and has over 140,000 miles on it. Both vehicles are well passed the 17-year replacement guidelines. Fleet working with the Streets Division has determined the ½ ton trucks that are currently being used are under rated for the department’s needs. Fleet is recommending upgrading the new trucks to 1-ton trucks. These trucks are used in hauling materials and tools for street paving and repair.
The Streets Division will also receive (1) new replacement dump truck to replace PW-685. This dump truck is 24 years old and doesn’t meet California’s emission standards. The new dump truck will be used to transport materials for street paving and sidewalk repair projects. It is also used for homeless cleanup needs throughout the city of Salinas.
The Salinas Plan identified the following goal related to Operational Efficiencies: “Implement a Citywide fleet strategy to centralize fleet operations, contract out non-routine fleet repair and maintenance functions, and develop fleet tracking, rightsizing, and replacement plans.” In 2021, Public Works implemented Fleetio, a fleet management software, to track and manage Citywide fleet vehicles and operations. Also in 2021, the City developed a Fleet Replacement Plan to focus on standardization of vehicles, establishment of replacement cycles.
Over the last few years, all Departments have sometimes struggled with purchasing fleet vehicles.
Departments have spent significant time trying to locate or order new and replacement vehicles as not all vehicles are consistently available for purchase via State Contract, and local dealerships are often charging premiums on desired vehicles. When vehicles do become available, or State Contract order windows open, dealerships ask for an immediate commitment or issuance of a purchase order which requires City Council approval. In the case of most vehicles available via State Contract, the next model year pricing and order window have not yet been established but we have been told that orders will be cancelled if a purchase order is not generated within 30 days.
Given the challenge with locating available vehicles at competitive cost we are requesting authorization to purchase target vehicles, once located, if the total cost for each vehicle does not exceed the projected “not to exceed amount” identified, and the total for all the vehicles does not exceed the total amount identified in this Report.
The chart contained within this report identifies the target vehicle and pricing information for each vehicle needing to be purchased. Each vehicle has a Not to Exceed (NTE) total which represents the maximum purchasing authority granted. Additionally, purchases may not exceed the total fleet-related appropriations within the Fleet Division’s FY 2024-25 budget. Target vehicles are identified, though substitutions to equivalently priced and equipped vehicles may be necessary due to inventory challenges. Purchases of alternate makes or models will be subject to review and approval by the City’s Fleet Manager based upon how the vehicles fit within the City vehicle standardization framework, ability to provide internal maintenance and repair services, and projected vehicle reliability. The Fleet Division will make every effort to purchase locally if within the purchasing preference threshold, but given market conditions and vehicle availability, that may not be possible.
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All requested purchase amounts utilize the most recent publicly available State Contract rate as the underlying pricing source. We have incorporated the 9.25% sales tax for the City of Salinas, as well as $1,000 to account for any potential dealer fees. The State contract price is below the Manufacturers Suggested Retail Price (MSRP) price, or the price available via local dealerships, thus we are requesting authorization of a contingency amount to allow for the higher price.
Additionally, the dealerships are still transitioning to the new model year, while listed State contract prices are based upon current model year which can no longer be ordered. To account for an anticipated new model year price increase we have calculated a 25% contingency for each vehicle.
Target Vehicle
Pricing
Resource Qty
Per-Vehicle
Price
Taxes &
Fees
25%
Contingency NTE
Toyota Tacoma (or
alternate small truck)
State
Contract 1 33,273
4,077.75 9,337.69
46,688.44
Ford F450 graffiti truck
(or alternate truck chassis)
State
Contract 1 160,348.44
15,832.23
44,045.17
220,225.84
Ford F350 Flatbed (or
Alternate truck chassis)
State
Contract 2 54,883.10 6,076.68 15,239.95 152,399.48
Peterbilt 12–14-yard
Dump truck (or Alternate
truck chassis)
State
Contract 1 254,168.00 24,510.54 69,669.64 348,348.18
TOTAL VEHICLES 5 NOT TO EXCEED (NTE) TOTAL 767,661.94
CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
CALIFORNIA GOVERNMENT CODE §84308 APPLIES:
Yes
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STRATEGIC PLAN INITIATIVE:
Approving the proposed resolution will support the City Council’s Strategic Plan Goals of providing Operational Efficiencies, Public Safety and Effective and Culturally Responsive Government.
DEPARTMENTAL COORDINATION:
Fleet Maintenance, in coordination with Community Development, Street Maintenance, Facility Maintenance selected the appropriate vehicles based on typical usage and demand. The Finance Department will coordinate the purchase and title change.
FISCAL AND SUSTAINABILITY IMPACT:
Fund Appropriation Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25
Operating
Budget Page
Last Budget
Action (Date,
Resolution) *
6900 30.3350.66-5500 Capital Outlays
Vehicles
$35,000 $28,688.44 368 6/11/24, 22979
7121 50.5233-66.5500 Capital Outlays
Vehicles
$907,115.00 $738,973.50 413 6/11/24, 22979
* The FY 24-25 Adopted Budget was adopted on June 11, 2024.
ATTACHMENTS:
City Council Resolution
1 RESOLUTION NO. (N.C.S.)
RESOLUTION AUTHORIZING DIRECT PURCHASE OF CITY VEHICLES WHEREAS, the FY 2024-25 City Budget provides funding to purchase new and replacement vehicles for use by City employees, and the Fleet Department has identified vehicle needs and priorities, as well as the target vehicle and price for purchase; and WHEREAS, all requested purchase amounts are based upon an most recently available State Contract as the underlying pricing source, and includes taxes, fees and a 25% contingency when determining the per-vehicle Not to Exceed amount as identified in this Resolution; and WHEREAS, the City Council can approve this purchase pursuant to Salinas Municipal Code Section 12-27 (exception to low-bid based competition) in contracting for equipment, materials, supplies and services and pursuant to Salinas Municipal Code 12-28 (local purchasing preference).
NOW, THEREFORE, BE IT RESOLVED the Salinas City Council authorizes the Purchasing Officer (Finance Director) to complete the direct purchase of eight (5) vehicles identified as necessary by the Fleet Division, when such vehicles can be located, provided the total cost of each vehicle does not exceed the projected not to exceed cost identified in this Resolution and also provided the total cost for all the vehicles does not exceed $767,661.94.
Target Vehicle
Pricing
Resource Qty
Per-Vehicle
Price
Taxes &
Fees
25%
Contingency NTE
Toyota Tacoma (or
alternate small truck)
State
Contract 1 33,273
4,077.75 9,337.69
46,688.44
Ford F450 graffiti truck
(or alternate truck chassis)
State
Contract 1 160,348.44
15,832.23
44,045.17
220,225.84
Ford F350 Flatbed (or
Alternate truck chassis)
State
Contract 2 54,883.10 6,076.68 15,239.95 152,399.48
Peterbilt 12–14-yard
Dump truck (or Alternate
truck chassis)
State
Contract 1 254,168.00 24,510.54 69,669.64 348,348.18
TOTAL VEHICLES 5 NOT TO EXCEED (NTE) TOTAL 767,661.94
2 PASSED AND APPROVED this 10th day of September 2024, by the following vote:
AYES:
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#24-554, Version: 1
Acceptance of the East Market Street Cycle Track Quick Build Project, CIP No. 9364 Approve a Resolution accepting the East Market Steet Cycle Track Quick Build Project, CIP No. 9364 for maintenance and responsibility; and authorizing the payment of outstanding invoices for contract change orders issued during the construction of the project, for a final project cost of $206,821.67.
City of Salinas Page 1 of 1 Printed on 10/3/2024
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: OCTOBER 8, 2024
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, P.E., L.S., PUBLIC WORKS DIRECTOR
BY: ADRIANA ROBLES, P.E., CITY ENGINEER
JONATHAN HERNANDEZ, JUNIOR ENGINEER
TITLE: ACCEPTANCE OF THE EAST MARKET STREET CYCLE
TRACK QUICK BUILD PROJECT, CIP NO. 9364
RECOMMENDED MOTION:
A motion to approve a Resolution:
1) Accepting the East Market Steet Cycle Track Quick Build Project, CIP No. 9364 for maintenance and responsibility; and
2) Authorizing the payment of outstanding invoices in the amount of $5,735.
EXECUTIVE SUMMARY:
On November 14, 2023, the City awarded a construction contract to Coastal Paving & Excavating, Inc. for the East Market Street Cycle Track Quick Build Project in the amount of $204,700.00.
Construction began on May 6, 2024, and the contractor had 70 workings days to complete the project. During construction, unforeseen conditions and unanticipated events occurred which changed the scope of the work, a total of five change orders were issued for this project resulting in an increase of the total cost to $206,821.67. The project was substantially complete on July 13, 2024, within contract time, and final punch list work was completed on August 15, 2024.
BACKGROUND:
The City of Salinas proposed the construction of a quick-build median cycle track along East Market Street between Eucalyptus Drive and Williams Road to improve the safety and comfort of existing bicycle facilities by converting the existing bicycle facilities into Class IV bikeways1. To meet criteria for funding, the City conducted a pre-construction “before study” that illustrated the necessity for improved bicycle facilities. The City’s Vision Zero Action Plan, approved by City Council in 2021 through Resolution No.22184, identified East Market Street as the corridor with the most bicycle collisions in the city over a recent 10-year period. The project which further
1 Class IV bikeway is a bike lane for the exclusive use of bicycles that includes a physical separation between the bikeway and vehicular traffic.
enhances the existing bicycle facilities installed as part of the Fremont – El Sausal Safe Routes to School Project from 2018, is consistent with numerous design guides and transportation plans such as Safe Routes to School (SRTS) and the Monterey County Active Transportation Plan.
Due to quick nature of the proposed improvements, the project qualified for the newly established “quick build” grants from the Transportation Agency for Monterey County (TAMC). On October 10, 2023, City Council approved Resolution No. 22812 accepting $326,000.00 in grant funds from the TAMC through the 2023 Regional Surface Transportation Program (RSTP) to improve existing bicycle facilities on East Market Street. The City initiated a request for proposals to contractors under the Master Service Agreement for On-Call Class A Contractor Services. The City received only one proposal from Coastal Paving & Excavating, Inc. in the amount of $204,700.00. On November 14, 2023, City Council approved plans and specifications for the East Market Street Quick Build Project, and awarded a contract to Coastal Paving & Excavating, Inc. in the amount of $204,700.00 through Resolution No. 22845.
The contract established that the contractor should complete the work within 70 workings days, construction began on May 6, 2024. During the project, one day was considered a non-working day, no other time extensions or delays were approved. The project was deemed substantially complete on July 13, 2024, within contract time. Final punch list work was completed on August 15, 2024.
During construction several unforeseen conditions and unanticipated events occurred which changed the scope of work. A total of five contract change orders were processed for this project which totaled $2,121.67. The contract change orders increased the project cost to a total of $206,821.67, below the construction contingency. A summary of the change orders are listed below:
CHANGE ORDER SUMMARY
EAST MARKET STREET QUICK BUILD PROJECT
CIP NO. 9364
No. Description Amount
1 Change in quantity ($1,000.00)
2 Painting nose of cycle track medians $220.00
3 Change in quantity ($2,000.00)
4 Change in quantity ($833.33)
5 Removal of one cycle track median, slurry seal, and restripe pavement $5,735.00 Change Order Subtotal $2,121.67
Original Contract Amount $204,700.00
Final Contract Amount $206,821.67
CEQA CONSIDERATION:
Categorical Exemption. The City of Salinas has determined that the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15300 et al, Class 1) because the project involves exterior alterations to an existing facility as identified in the Categorical Exemption Class 1; Section 15301(c) (Existing Facilities).
CALIFORNIA GOVERNMENT CODE §84308 APPLIES:
No.
STRATEGIC PLAN INITIATIVE:
This action supports the City Council goal of “Infrastructure and Environmental Sustainability” and “Public Safety”.
DEPARTMENTAL COORDINATION:
The Public Works Department manages and inspects construction projects. The Public Works Department and Finance Department manage the project accounting.
FISCAL AND SUSTAINABILITY IMPACT:
Fund Appropriation Appropriation Name Total Appropriation Amount for recommendation
FY 24-25
Operating Budget
Page
Last Budget
Action (Date,
Resolution)*
5800 50.9364-
66.4000
Capital Outlays
Improvements
$104,952.41 $5,735 n/a 11/14/2023,
22845
There was no impact to the General Fund. The project was completed within its CIP budget through the RSTP funds. The construction contract with Coastal Paving & Excavating, Inc. was awarded for $204,700, five change orders were issued during the construction of the project.
Payment for four of the five contract change orders have been made. Outstanding invoices for the project include contract change order five and final retention release, for a final total project cost of $206,821.27.
ATTACHMENTS:
Resolution
Attachment 1: Resolution No. 22812
Attachment 2: Resolution No. 22845
Before and After Photos
RESOLUTION NO. _______ (N.C.S.)
A RESOLUTION ACCEPTING THE EAST MARKET STREET CYCLE TRACK QUICK BUILD PROJECT, CIP NO. 9364, FOR MAINTENANCE AND
RESPONSIBILITY AND AUTHORIZING THE PAYMENT OF OUTSTANDING
INVOICES FOR CONTRACT CHANGE ORDERS
WHEREAS, the Vision Zero Action Plan, approved through Resolution No. 22184, identified East Market Street as the corridor with the most bicycle collisions in the city over a recent 10-year period; and
WHEREAS, in an effort to improve the safety and comfort of existing bicycle facilities, Class IV bikeways were proposed along East Market Street between Eucalyptus Drive and Williams Road; and
WHEREAS, due to the quick nature of the proposed improvements, the project qualified for a quick build grant from the Transportation Agency for Monterey County (TAMC); and
WHEREAS, on October 10, 2023, City Council approved Resolution No. 22812 accepting $326,000 from TAMC; and
WHEREAS, on November 14, 2023, City Council awarded the East Market Street Cycle Track Quick Build Project, CIP No. 9364, to Coastal Paving & Excavating, Inc. in the amount of $204,700.00; and
WHEREAS, construction was deemed substantially complete on July 13, 2024; and WHEREAS, the contractor has completed all outstanding punch list items, and the project has been deemed complete and the construction methods and materials met the project plan and specifications requirements; and
WHEREAS, a total of five change orders were issued during the project resulting in an increase of the total cost to $206,821.67; and
WHEREAS, the project was determined exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15301(c)).
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council accepts the East Market Street Cycle Track Quick Build Project, CIP No. 9364, for maintenance and responsibility; and
BE IT FURTHER RESOLVED that the Salinas City Council authorizes the payment of outstanding invoices for contract change orders issued during the construction of the project for a final project cost of $206,821.67.
PASSED AND APPROVED this 8th day of October 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_________________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
RESOLUTION NO. 22812 (N.C.S.)
A RESOLUTION TO: 1) AUTHORIZE THE ACCEPTANCE OF 2023 REGIONAL
SURFACE TRANSPORTATION PROGRAM GRANT FUNDS IN THE AMOUNT OF $326,000.00; 2) AUTHORIZE THE ESTABLISSHMENT OF A NEW CIP ACCOUNT NAMED “EAST MARKET STREET CYCLE TRACK QUICK BUILD PROJECT”; 3)
AUTHORIZE THE PUBLIC WORKS DIRECTOR TO EXECUTE ALL AGREEMENTS
AND ANY REQUIRED PAPERWORK WITH THE TRANSPORTATION AGENCY OF MONTEREY COUNTY FOR THE 2023 REGIONAL SURFACE TRANSPORTANTION PROGRAM GRANT FUND.
WHEREAS, on September 14, 2021, the City Council adopted the City of Salinas Vision Zero Action Plan; and
WHEREAS, the plan identified the segment of East Market Street as having the highest number of bicycle involved collisions in the City over a recent of 10 year period; and WHEREAS, the City submitted an application for grant funding to improve the safety and comfort of existing bike lane facilities, and the project was selected to receive $326,000.00 and the City is not responsible for any matching funds; and WHEREAS, the City may need to enter into grant agreements or submit paperwork to the Transportation Agency of Monterey County for the grant funding, and staff recommends that the Council authorize the director to execute all agreements and any required paperwork with the Transportation Agency of Monterey County for the 2023 Regional Surface Transportation Program Grant; 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 by the Salinas City Council approves a Resolution authorizing the establishment of a new CIP Account named, “East Market Street Cycle Track Quick Build Project”.
BE IT FURTHER RESOLVED that the Salinas City Council approves a Resolution authorizing the acceptance of 2023 Regional Surface Transportation Program Grant funds in the amount of $326,000.00.
BE IT FURTHER RESOLVED that the Salinas City Council approves a Resolution to Authorizing the Public Works Director to execute all agreements and any required paperwork with the Transportation Agency of Monterey County for the 2023 Regional Surface Transportation Program Grant.
DocuSign Envelope ID: CF06E284-BF39-4DF7-9235-6D45419DCA90 PASSED AND APPROVED this 10
th day of October 2023, by the following vote:
AYES: Councilmembers Barrera, Osornio, Rocha, Sandoval and Mayor Craig NOES: None
ABSENT: Councilmembers Gonzalez, McShane
ABSTAIN: None
APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
____________________________
Patricia M. Barajas, City Clerk
DocuSign Envelope ID: CF06E284-BF39-4DF7-9235-6D45419DCA90 RESOLUTION NO. 22845 (N.C.S.)
A RESOLUTION APPROVING THE PROJECT PLANS AND SPECIFICATIONS FOR
THE EAST MARKET STREET CYCLE TRACK QUICK BUILD PROJECT AND
AWARDING A CONTRACT TO COASTAL PAVING & EXCAVATING
FOR THE EAST MARKET STREET CYCLE TRACK QUICK BUILD PROJECT IN THE AMOUNT OF $204,700.00
WHEREAS, City staff has completed plans, and specifications for the East Market Street Cycle Track Quick Build Project; and
WHEREAS, City staff initiated a call for bid process amongst contractors under the Master Services Agreement for On-Call Class A Contractor Service on September 26, 2023; and
WHEREAS, the City received one proposal from Coastal Paving & Excavating on October 18, 2023 in the amount of $204,700.00; and
WHEREAS, Coastal Paving & Excavation has the required licenses and DIR registration; and
WHEREAS, the project is estimated to be fully funded using grant funds; and WHEREAS, the City has determined that the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15301, Class 1(c)) because the actions consist of minor alteration of an existing City street.
NOW, THEREFORE, BE IT RESOLVED BY THE SALINAS CITY COUNCIL approves the Plans and Specifications for the East Market Street Cycle Track Quick Build Project.
BE IT FURTHER RESOLVED that the Salinas City Council awards a contract to Coastal Paving & Excavating for the East Market Street Cycle Track Quick Build Project in the amount of $204,700.00.
PASSED AND APPROVED this 14
th day of November 2023, by the following vote:
AYES: Councilmembers Barrera, Gonzalez, McShane, Rocha, Sandoval and Mayor Craig NOES: None
ABSENT: Councilmember Osornio
ABSTAIN: None
DocuSign Envelope ID: DF546D19-FDD3-4EF0-BCBC-AF65D2EDAE6C APPROVED:
___________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
DocuSign Envelope ID: DF546D19-FDD3-4EF0-BCBC-AF65D2EDAE6C East Market Street Cycle Track Quick Build
Project, CIP No. 9364
Before and After Photos
Before. E Market St between Eucalyptus Dr and Towt St EB After. E Market St between Eucalyptus Dr and Towt St EB Before. E Market St between Quilla St and 2nd Ave EB
After. E Market St between Quilla St and 2nd Ave EB
Before. E Market St between 2nd Ave and 1st Ave EB
After. E Market St between 2nd Ave and 1st Ave EB
Before. E Market St between Midway Ave to 1st Ave WB After. E Market St between Midway Ave to 1st Ave WB Before. E Market St between Quilla St and Towt St WB
After. E Market St between Quilla St and Towt St WB
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-562, Version: 1
2022-2023 Pavement Maintenance Project, CIP No. 9981, 9120, 9080 Approve a Resolution accepting the 2022-2023 Pavement Maintenance Project, CIP No. 9981, 9120, 9080 for maintenance and responsibility.
City of Salinas Page 1 of 1 Printed on 10/3/2024
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: OCTOBER 8, 2024
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, P.E., L.S., PUBLIC WORKS DIRECTOR
BY: PHAVANA ARAMKUL, JUNIOR ENGINEER
ADRIANA ROBLES, P.E., C.F.M., CITY ENGINEER
TITLE: 2022-2023 PAVEMENT MAINTENANCE PROJECT, CIP NO. 9981, 9120, 9080
RECOMMENDED MOTION:
A motion to approve a Resolution accepting the 2022-2023 Pavement Maintenance Project, CIP No. 9981, 9120, 9080 for maintenance and responsibility.
EXECUTIVE SUMMARY:
On May 16, 2023, City Council awarded the 2022-2023 Pavement Maintenance Project, CIP 9981, 9120, 9080, (Base Bids 1-7 and Additive Alternatives 1-2), to Granite Construction Company via Resolution No. 22661 for a contracted amount of $8,138,006.96 and authorized additional work in the amount of $852,363.78. Construction began on July 31, 2023, with an allowance of 126 working days for project completion. Granite Construction has completed pavement maintenance for 119 road segments under this contract, including 6 contract change orders, for a grand total of $8,990,370.74. Substantial completion was on March 22, 2024.
BACKGROUND:
On August 18, 2020, the City Council approved a contract with Pavement Engineering Inc. for ongoing pavement condition surveys, updates to the Street Saver Pavement Management Program (PMP) database, and pavement condition reports (Resolution No. 21932). The last Pavement Management System Update was accepted by City Council on May 7, 2024 (Resolution No 22953). Public Works staff utilizes the Street Saver PMP for project level pavement analysis. It is a budgeting and inventory tool and a record for work history and pavement condition.
The City Engineer approved the project plans and specifications on February 23, 2023 and March 7, 2023, respectively, and authorized the call for bids for this project on March 8, 2023.
On April 7, 2023, City staff opened bids at a public meeting held via Zoom meeting from City Hall, at Salinas, California. The lowest responsive and responsible bidder Granite Construction Company submitted a bid that is 68% of the engineering estimate and was awarded a contract for $8,138,006.96 on May 16, 2023 via Resolution No. 22661.
Page | 2
Additionally, City Council approved a transfer of $1,200,000.00 Measure X Bond Funds from CIP 9981 – Street Preventive Maintenance Program to CIP 9080 – San Juan Grade Road Improvements to award Base Bid 1 and Additive Alternatives 1 and 2. A 10% contingency totaling $813,800.69 was allocated to the project.
The 2022-2023 Pavement Maintenance Project, in general, called for pavement mill and fill, installation of accessible curb ramps, curbs, gutters, pavement patch repairs, crack treatment, chip seal, slurry seal, hot mix asphalt (HMA) overlay, and installation of new signs and striping. Exhibit A, attached to this report, provides a location map and Table No. 1, below, identifies the streets that received a pavement treatment.
Table 1. Street Maintenance Segments
Street Name Begin End Treatment
E Boronda Rd N Main St San Juan Grade 6" HMA Mill & Fill San Juan Grade Rd Russell Rd 400' N of Northridge Way 6" HMA Mill & Fill Work Street E Alisal St Work Cir 6" HMA Mill & Fill
E Boronda Rd N Sanborn Rd Williams Rd Chip Seal, Crack Seal, P/R El Dorado Dr E Boronda Rd Harden Pkwy Chip Seal, Crack Seal, P/R Harden Pkwy N Main St Eldorado Dr Chip Seal, Crack Seal, P/R McKinnon St E Alvin Dr McKinnon St (N End) Chip Seal, Crack Seal, P/R N Davis Rd W Rossi St Boronda Crossing Pl / S
Freeway Off Ramp Chip Seal, Crack Seal, P/R
W Laurel Dr N. Main St. US 101 - On/Off Ramp Crack Seal Williams Rd Del Monte Ave E Boronda Rd Chip Seal, Crack Seal, P/R Alvarado Ct Alvarado Dr Alvarado Dr Slurry Seal, Crack Seal Alvarado Dr Sherman Dr End Slurry Seal, Crack Seal
Arcadia Ct Arcadia Way Arcadia Way Slurry Seal, Crack Seal Arcadia Way El Dorado Dr Natividad Rd Slurry Seal, Crack Seal Arezzo Cir Siena Way End Slurry Seal, Crack Seal
Arguello Cir. Arguello Dr End Slurry Seal, Crack Seal
Arguello Dr Sansome St End Slurry Seal, Crack Seal
Astor Cir Astor Way End Slurry Seal, Crack Seal
Astor Way Broadway Dr Hudson Way Slurry Seal, Crack Seal Bologna Ct Bologna Way Bologna Way Slurry Seal, Crack Seal Bologna Way Piazza Dr Siena Way Slurry Seal, Crack Seal Buckingham Dr Cascade Way Arcadia Way Slurry Seal, Crack Seal Boyle Ct Christensen Ave Christensen Ave Slurry Seal, Crack Seal Broadway Dr Pennsylvania Dr Harden Pkwy Slurry Seal, Crack Seal Buckingham Cir Buckingham Dr End Slurry Seal, Crack Seal Page | 3
Street Name Begin End Treatment
Buckingham Way El Dorado Dr Buckingham Dr Slurry Seal, Crack Seal Campania Cir Palermo Dr Campania Circle Slurry Seal, Crack Seal Campania Way Palermo Dr Campania Way WEST END Slurry Seal, Crack Seal Canelli Ct Tuscany Blvd Canelli Ct Slurry Seal, Crack Seal Capri Way Piazza Dr End Slurry Seal, Crack Seal
Cascade Way Klamath Dr Buckingham Dr Slurry Seal, Crack Seal Cassino Cir. Cassino Way End Slurry Seal, Crack Seal
Cassino Way Spoleto St Spoleto St Slurry Seal, Crack Seal Central Ave Salinas St Lincoln Ave Slurry Seal, Crack Seal Cesar Chavez Library
Parking Lot Williams Road Bardin Way Slurry Seal, Crack Seal, P/R Chelsea Ct Wimbledon Ave Wimbledon Ave Slurry Seal, Crack Seal Christensen Ave E Alvin Dr Julia Ave Slurry Seal, Crack Seal Church St W Gabilan St W Alisal St Slurry Seal, Crack Seal Clinton Ct Manhattan Dr Clinton Ct / Clinton Ct (S End) Slurry Seal, Crack Seal Delancey Dr Broadway Dr End Slurry Seal, Crack Seal
Dorset Way Buckingham Dr Lancashire Dr Slurry Seal, Crack Seal E Alisal St N & S Sanborn Rd Work St Slurry Seal, Crack Seal, P/R E Romie Lane S Main St Abbott St Slurry Seal, Crack Seal Ellis Cir Fulton Way End Slurry Seal, Crack Seal
Emerald Dr Arcadia Way Emerald Way Slurry Seal, Crack Seal Essex Cir Wimbledon Ave End Slurry Seal, Crack Seal
Essex Way Arcadia Way Wimbledon Ave Slurry Seal, Crack Seal Fell Cir Fulton Way End Slurry Seal, Crack Seal
Flint Cir Larkin St END Slurry Seal, Crack Seal
Freedom Pkwy Tuscany Blvd Padova Dr Slurry Seal, Crack Seal Fulton Way Powell Stockton St Slurry Seal, Crack Seal
Geary Cir Larkin St End Slurry Seal, Crack Seal
Genoa Cir Genoa Way End Slurry Seal, Crack Seal
Genoa Way Monte Bella Blvd Arezzo Cir Slurry Seal, Crack Seal Greenbriar Way Sansome St End Slurry Seal, Crack Seal
Greenwich Way Sansome St Arguello Dr Slurry Seal, Crack Seal Harvard Ct Pennsylvania Dr Pennsylvania Dr Slurry Seal, Crack Seal Howe Cir Howe Dr End Slurry Seal, Crack Seal
Howe Dr Sherman Dr End Slurry Seal, Crack Seal
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Street Name Begin End Treatment
Hudson Way Manhattan Dr End Slurry Seal, Crack Seal
Julia Ave Wheeler Dr End Slurry Seal, Crack Seal
Kearny Way Larkin St Alvarado Dr Slurry Seal, Crack Seal Kent Cir Kent St End Slurry Seal, Crack Seal
Kent St Klamath Dr Arcadia Way Slurry Seal, Crack Seal
Klamath Dr Arcadia Way 365' SO Arcadia Way (COP) Slurry Seal, Crack Seal Lafayette Cir Lafayette Wy End Slurry Seal, Crack Seal
Lafayette Wy Delancey Dr Broadway Dr Slurry Seal, Crack Seal Lancashire Cir Lancashire Dr End Slurry Seal, Crack Seal Lancashire Dr Buckingham Dr Cascade Way Slurry Seal, Crack Seal Larkin Cir Larkin St End Slurry Seal, Crack Seal
Leese Dr Sherman Dr Alvarado Dr Slurry Seal, Crack Seal Lincoln Ave W Market St W Alisal St Slurry Seal, Crack Seal Manhattan Dr Broadway Dr McKinnon St Slurry Seal, Crack Seal Mason Way Howe Dr Larkin St Slurry Seal, Crack Seal
Massolo Cir Vicent Pl End Slurry Seal, Crack Seal
Massolo Ct Vicent Pl (E) Vicent Pl (W) Slurry Seal, Crack Seal Mill Way Sansome St Greenbriar Way Slurry Seal, Crack Seal Moderna St Capri Way End Slurry Seal, Crack Seal
Moderna Way Moderna St Palermo Dr Slurry Seal, Crack Seal Nicole Cir Boyle Ct End Slurry Seal, Crack Seal
O' Farrell Ct Larkin St Larkin St Slurry Seal, Crack Seal Oxford Ct Wimbledon Ave Wimbledon Ave Slurry Seal, Crack Seal Padova Dr Palermo Dr Freedom Pkwy Slurry Seal, Crack Seal Palermo Dr Campania Cir Monte Bella Blvd Slurry Seal, Crack Seal Pennsylvania Dr McKinnon St Dartmouth Wy Slurry Seal, Crack Seal Piazza Cir. Piazza Dr End Slurry Seal, Crack Seal
Piazza Dr Monte Bella Blvd End Slurry Seal, Crack Seal
Prescott Cir Agruello Dr End Slurry Seal, Crack Seal
Princeton Cir Princeton Ct End Slurry Seal, Crack Seal
Princeton Ct Pennsylvania Dr (W) Pennsylvania Dr (E ) Slurry Seal, Crack Seal Rico Cir LARKIN ST END Slurry Seal, Crack Seal
Rossano Ct Palermo Dr Palermo Dr Slurry Seal, Crack Seal Rossano Way Rossano Ct VENICE Way Slurry Seal, Crack Seal Sansome St Rico St W Rossi St Slurry Seal, Crack Seal
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Street Name Begin End Treatment
Sardina Dr BELLAGIO Way Capri Way Slurry Seal, Crack Seal Sconberg Pkwy ALISAL RD Monte Bella Blvd Slurry Seal, Crack Seal Sherman Cir Sherman Dr End Slurry Seal, Crack Seal
Sherman Dr Larkin St End Slurry Seal, Crack Seal
Siena Way Piazza Dr End Slurry Seal, Crack Seal
Spoleto Cir Spoleto St End Slurry Seal, Crack Seal
Spoleto St Cassino Way End Slurry Seal, Crack Seal
Spoleto Way Canelli Ct Spoleto St Slurry Seal, Crack Seal Stanyan St Sansome St Greenwich Way Slurry Seal, Crack Seal Stockton St Powell Rossi Slurry Seal, Crack Seal
Stratford Ct Emerald Dr Emerald Dr Slurry Seal, Crack Seal Sutton Cir Sutton Way End Slurry Seal, Crack Seal
Sutton Way Delancey Dr Delancey Dr Slurry Seal, Crack Seal Trivoli Way Monte Bella Blvd Campania Way Slurry Seal, Crack Seal Tuscany Cir. Tuscany Way End Slurry Seal, Crack Seal
Tuscany Way Tuscany Blvd Cassino Way Slurry Seal, Crack Seal Van Buren Ave Russell Rd San Juan Grade Slurry Seal, Crack Seal, P/R Verona Ct Verona Way Piazza Dr Slurry Seal, Crack Seal
Verona Way Verona Ct Monte Bella Blvd Slurry Seal, Crack Seal Vincent Pl Rico St Massolo Ct Slurry Seal, Crack Seal
Wheeler Dr E Alvin Dr Christensen Ave Slurry Seal, Crack Seal Wimbledon Ave Oxford Ct Chelsea Ct Slurry Seal, Crack Seal Wimbledon Cir Wimbledon Ave End Slurry Seal, Crack Seal Wimbledon Way Wimbledon Ave Arcadia Way Slurry Seal, Crack Seal Yale Cir Pennsylvania Dr End Slurry Seal, Crack Seal
Table 2 summarizes the project’s measurable outputs.
Table 2 Project Summary
Construction Activity Description Quantity Unit
Reconstruct Concrete Sidewalk 2,769 SF
Reconstruct Curb and Gutter 290 LF
Reconstruct ADA Curb Ramps 4 Each
Remove Street Trees 9 Each
6” HMA Mill & Fill Pavement Repairs 2 Miles
Pavement Maintenance
Chip Seal/Patch & Repair/Crack seal 10 Miles
Page | 6
Pavement Maintenance
Slurry Seal/Patch & Repair/Crack seal 19 Miles
On October 24, 2023, via Resolution No. 22819, City Council approved an additional 10% increase to the contract contingency of $881,868.50.
A total of six change orders totaling $852,363.78 were issued for a total construction cost of $8,990,370.74, as detailed on Table 3. A total of 16 additional working days were issued to complete the additional work requested. Contract change orders were approved in accordance with Department Policy 75-1, revised December 4, 2018.
Table 3: Contract Change Orders
Contract
Change Order Description Working Days
Change Order
Amount
Cumulative
Contact Total
Contract Base Bids 1-7 and Additive
Alternatives 1-2
110 $8,138,006.96
CCO 1
Installation of Tire Rubber Modified
Surface Sealer (TRMSS) at all chip seal
locations
0 $430,678.35 $8,568,685.31
CCO 2
Distressed pavement areas originally
located had expanded beyond the
original limits, additional asphalt
concrete repairs were identified at the
various locations.
0 $236,436.00 $8,805,121.31
CCO 3 Add striping and signing plan to San
Juan Grade Road paving (Base Bid 1). 0 $44,660.25 $8,849,781.56 CCO 4
The Contractor was directed to
excavate and repair the tree root
damage section underneath the
existing asphalt concrete section at El
Dorado Drive near Harden Parkway.
0 $57,697.37 $8,907,478.93
CCO 5
Balancing of contract items that
exceeded bid quantities or were
removed from the project.
0 $82,052.49 $8,989,531.42
CCO 6
Final balancing of contract items that
exceeded bid quantities, removed
from the project, additional work for
Boronda Road manhole repairs,
remobilization delays due to utility
work conflicts, additional contract
days for utility work and material
shortage delays.
16 $839.32 $8,990,370.74
TOTAL 126 $852,363.78 $8,990,370.74
The project was funded through numerous funds including 2510 Measure X, 2511 SB1, 5202 Measure X Bonds, CIP 9080 San Juan Grade Road Improvements, CIP 9120 Monte Bella Subdivision Improvements (Maintenance District) and CIP 9329 Cesar Chavez Parking Lot.
Page | 7
The project was substantially completed on March 22, 2024.
The construction methods and materials met the Project Specifications as set forth by the contract documents and the project has been deemed complete.
CEQA CONSIDERATION:
Categorically exempt: The City of Salinas has determined that the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 1530l(c), Class 1), because the project proposes to maintain existing roadways, crosswalks, signage, and pavement striping.
Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2 as all exceptions do not relate to the project scope of work for this project.
CALIFORNIA GOVERNMENT CODE §84308:
No, this project was advertised and competitively bid and is therefore exempt from California Government Code §84308.
STRATEGIC PLAN INITIATIVE:
This project relates to the Council’s Goals of Infrastructure and Environmental Sustainability and Public Safety by improving / maintaining the City’s existing roadways and installing new striping and signage to enhance vehicular and pedestrian safety.
DEPARTMENTAL COORDINATION:
Public Works staff and Finance staff have worked together on the funding of the 2022-2023 Pavement Maintenance Project.
FISCAL AND SUSTAINABILITY IMPACT:
Accepting the 2022-2023 Pavement Maintenance Project (CIP 9981, 9120, 9080) for maintenance and responsibility has no direct fiscal impact. The project was constructed within its allocated budget and contingencies.
Fund Appropriation Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25 CIP
Budget Page
Last Budget
Action (Date,
Resolution)
n/a n/a n/a n/a n/a n/a n/a
ATTACHMENTS:
Resolution
Exhibit A Location Map
Before/After Photos
1 RESOLUTION NO. (N.C.S.)
A RESOLUTION ACCEPTING THE 2022-2023 PAVEMENT MAINTENANCE PROJECT, CIP 9981, 9120, 9080 FOR MAINTENANCE AND RESPONSIBILITY WHEREAS, on August 18, 2020, the City Council approved a contract with Pavement Engineering Inc. for on-going pavement condition surveys, updates to the Street Saver Pavement Management Program (PMP) database, and pavement condition reports (Resolution No. 21932); and
WHEREAS, Public Works utilizes the Street Saver PMP as a budgeting and inventory tool and a record for pavement work history and condition; and WHEREAS, the 2022-2023 Pavement Maintenance Project, in general, calls for pavement reconstruction, curb ramps, curbs, gutters, pavement patch repairs, crack treatment, chip seal, slurry seal, installation of new signs and striping; and WHEREAS, the City Engineer approved the project plans and specifications and authorized the call for bids for this project; and
WHEREAS, City staff on April 7, 2023, at a public meeting held via Zoom meeting from City Hall, at Salinas, California, publicly opened, examined, and declared all bids or proposals delivered electronically via PlanetBids.com for the 2022-2023 Pavement Maintenance Project in accordance with the specifications for such work filed in the office of said City Clerk; and WHEREAS, on May 16, 2023, the City Council pursuant to Resolution No. 22661 awarded a contract to Granite Construction for the 2022-2023 Pavement Maintenance Project, CIP No. 9981, 9120, 9080. A 10% continency was identified for the project.; and WHEREAS, on May 16, 2023, the City Council pursuant to Resolution No. 22661 transferred $1,200,000.00 in Measure X Bond Funds from CIP 9981 to CIP 9080; and WHEREAS, the project included installation of pavement mill and fill, installation of accessible curb ramps, curbs, gutters, pavement patch repairs, crack treatment, chip seal, slurry seal, hot mix asphalt (HMA) overlay, removal of trees, and installation of new signs and striping on various streets throughout the city; and
WHEREAS, project outputs included reconstruction of over 2700 sf of sidewalk, 290 lf of curb and gutter, 4 ADA curb ramps, 2 miles of 6” pavement mill and fill, 10 miles of chip seal with patch and repair and crack sealing, and 19 miles of slurry seal with patch and repair and crack sealing; and
WHEREAS, the project was funded through Measure X, SB1, Measure X Bonds, San Juan Grade Road CIP, Monte Bella Maintenance District funds, and Cesar Chavez Library CIP; and
WHEREAS, the total construction cost including Change Orders No. 1 through 6, is $8,990,370.74. Change orders no. 1 and no. 2 were approve by City Council on October 24, 2023 through Resolutions 22817 and 22818, respectively; and
2 WHEREAS, on October 24, 2023, City Council approved an additional 10% contingency for the project through Resolution No. 22819; and
WHEREAS, the work has been inspected to meet the requirements of the project plans and specifications; and
WHEREAS, the project was substantially completed on March 22, 2024.
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council accepts the 2022-2023 Pavement Maintenance Project, CIP No. 9981, 9120, 9080 for maintenance and responsibility.
PASSED AND APPROVED this 8
th day of October 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
2 3
4 5
6 1
2 3
4 5
6 1
N SANBORN RD
N SANBORN RD
E LAUREL DR
CONSTITUTION BLVD
WILLIAMS RD
NATIVIDAD RD
N SANBORN RD
LARKIN ST
FREEDOM PKWY W LAUREL DR
US 101
ABBOTT ST
W BLANCO RD
DAVIS RD
ROY DIAZ ST
E BORONDA RD
INDEPENDENCE BLVD
RIDER AVE
DEL MONTE AVE
HARDEN
PKWY MADRID ST
N MAIN ST
N MAIN ST
E BERNAL
DR
DAVIS RD
S MAIN ST
WILLIAMS RD
FREEDOM PKWY
E BORONDA RD
SAN JUAN GRADE RD
SHERWOOD DR
E BLANCO RD S MAIN ST
US 101
HARKINS RD
C I RCL E DR WORK ST
MADEIRA ST S SANBORN RD
E ROSSI ST
NATIVIDAD RD
ROGGE RD
E ALVIN DR
E BORONDA RD
SCONBERG PKWY
BARDIN RD
E ALISAL ST
SKYWAY BLVD
E ALISAL ST
JOHN ST
CALLE CEBU
E MARKET ST
E ALISAL ST MAIN ST
BORONDA RD
N DAVIS RD
N DAVIS RD
CALLE DEL ADOBE
W ROSSI ST
E BLANCO RD
S SANBORN RD
HARRIS RD
N MAIN ST SAN JUAN GRADE RD N MAIN ST
RUSSELL RD
N
SANBORN
RD
CONSTITUTION BLVD
EL DORADO DR
AUTO CENTER CIR
MC KINNON ST
MC KINNON ST
W ROSSI ST
E. ROMIE LANE
LINCOLN AVE. CHURCH ST
BARDIN RD
BARDIN WAY
FREEDOM PKWY
NATIVIDAD RD KLAMATH DR
MONTE BELLA BLVD
TUSCANY BLVD
SLURRY SEAL
PAVEMENT MAINTENANCE
/ CHIP SEAL
San Juan Grade / Work St
LOCATION MAP
NOT TO SCALE
J:\p\9981-Chip Seal\base\COS_2022-23_projects.dwg Feb 28, 2023-3:41pm LEGEND
183
68 101
68 101
2022-23 PAVEMENT MAINTENANCE
PROJECT No. 9080, 9120, AND 9080
EXHIBIT A
Pavement crack seal
2022-23 Pavement Maintenance
Project Acceptance
By Adriana Robles, PE
City Engineer
Public Works Department
For City Council
August 20, 2024
PROJECT
LOCATIONS
Chip Seal - McKinnon St @ Harden Parkway
Before After
Chip Seal - N Davis Road @ Auto Center Cir.
Before After
Chip Seal - McKinnon St @ Westminster Dr
Before After
Chip Seal - N Davis @ Larkin St
Before After
Slurry Seal - Church St @ Howard St
Before After
Work St - Sidewalk Repairs
Before After
ADA Ramp - Work St @ Work Circle
Before After
Chip Seal - Harden Parkway
Before After
Mill & Fill - San Juan Grade @ Russell Road
Before After
Mill & Fill - San Juan Grade @ Van Buren Ave
Before After
Before After
Mill & Fill - San Juan Grade @ Van Buren Ave
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-564, Version: 1
Amendment No. 1 to Agreements with True North Compliance Services, 4LEAF, Shums Coda Associates, Willdan Engineering, and TRB & Associates
Approve a Resolution authorizing the City Manager to execute Amendment No. 1 to increase the total compensation amount for the following Agreements for Professional Services for Permit Services: True North Compliance Services not to exceed compensation amount increased to $400,000; LEAF not to exceed compensation amount increased to $300,000; Shums Coda Associates not to exceed compensation amount increased to $200,000; Willdan Engineering not to exceed compensation amount increased to $200,000; and TRB and Associates not to exceed compensation amount increased to $2,600,000.
City of Salinas Page 1 of 1 Printed on 10/3/2024
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Page | 1
CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: OCTOBER 8, 2024
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: LISA BRINTON, DIRECTOR
THROUGH: DAVID GONZALVES, ASSISTANT DIRECTOR
BY: ANGELINE ANZINI, CHIEF BUILDING OFFICIAL
YAZMIN OCHOA-FLORES, ADMINISTRATIVE ANALYST
TITLE: NUMBER 1 AMENDMENTS WITH TRUE NORTH COMPLIANCE
SERVICES, 4LEAF, SHUMS CODA ASSOCIATES, WILLDAN
ENGINEERING, AND TRB & ASSOCIATES
RECOMMENDED MOTION:
A motion to approve a resolution authorizing the City Manager to execute Amendment No. 1 to increase the total compensation amount for the following Agreements for Professional Services:
1) True North Compliance Services: not to exceed compensation amount increased to $400,000;
2) 4LEAF: not to exceed compensation amount increased to $300,000; 3) Shums Coda Associates: not to exceed compensation amount increased to $200,000; 4) Willdan Engineering: not to exceed compensation amount increased to $200,000; and 5) TRB and Associates: not to exceed compensation amount increased to $2,600,000.
EXECUTIVE SUMMARY:
The Permit Services Division relies on outside technical professionals to assist with plan review, permitting and inspection services. These services do not replace City employees otherwise doing the same work, rather these services supplement the work being performed by City employees in order to provide a consistent level of customer service. Contracting for these services allows for the scaling up of experienced technical staffing to be able to respond in a timely manner to increases in the number of development applications due to economic growth, particularly for major, more complicated development projects. The proposed Amendment No. 1 to the separate Agreements with True North Compliance Services, 4LEAF, Shums Coda Associates, Willdan Engineering, and TRB and Associates, increases the total combined not to exceed compensation Page | 2
amount to $2,500,000 for the Fiscal Year 2024-25 through Fiscal Year 2026-27. Funding for these Amendments will be fully covered through the Permit Services Enterprise Fund using plan check and inspection fees collected prior to requesting professional services.
BACKGROUND:
The Permit Services Division has contracted with consultants for decades to augment the plan review, permitting, and inspection capacity of the Permit Center. These consultants have extensive knowledge and experience in providing technical services to building departments in multiple jurisdictions in California. The firms provide services and trained staff specifically tailored to manage the development process and all levels of plan review, permitting, and inspection services.
All contract staff hold the required certifications to conduct the assigned duties.
Through a Request for Qualifications process, six consultants, including the five referenced above, were recommended, and approved by City Council in July 2024 to be on an On-Call List for permit services. At the same meeting, Council also approved the execution of five Agreements for Professional Services. Since entering into the Agreements with these consultants in July 2024, the continued increase of economic development within the City is creating an increase in the number of permits being processed. This increase in large and complex projects brings the need to balance staff time between focusing on those more complex tasks, while still providing the required customer service for the routine projects. In addition, the Permit Services Division has several position vacancies, which directly and significantly affect the permitting process. These vacancies include a Senior Plan Check Engineer, a Plan Check Engineer, and a Combination Building Inspector I. Due to limited staffing resources and the identified position vacancies, additional outside professional services are needed to review, process, and inspect these permit applications in a timely manner.
Amendment No. 1 to these Agreements will allow the Permit Center to use technical staff and services to address Permit Center staffing shortfalls and the current increase in workload.
Consultant services are billed on a time and materials basis, according to the rates of compensation set in Exhibit B to the Agreements, which are provided as Attachments 7 to 11 of this report. The original, additional, and amended not to exceed compensation amount for each Agreement is provided in the table below. The total increase in the not to exceed compensation amount is $2.5 Million dollars.
Not to Exceed Compensation Original Additional Amended
True North Compliance Services $ 150,000 $ 250,000 $ 400,000 4LEAF $ 150,000 $ 150,000 $ 300,000
Shums Coda Associates $ 150,000 $ 50,000 $ 200,000
Willdan Engineering $ 150,000 $ 50,000 $ 200,000
TRB and Associates $ 600,000 $2,000,000 $2,600,000
Total $1,200,000 $2,500,000 $3,700,000
CEQA CONSIDERATION:
Page | 3
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent projects resulting from this action will be assessed for CEQA applicability.
CALIFORNIA GOVERNMENT CODE §84308 APPLIES:
No.
STRATEGIC PLAN INITIATIVE:
The proposed Amendments support the City of Salinas Strategic Plan 2022-2025 Goals and Strategies of Economic Development, Housing/Affordable Housing, Public Safety, and Effective and Culturally Responsive Government by enhancing Permit Center operations and facilitating safe and efficient development within the City.
DEPARTMENTAL COORDINATION:
This item was prepared by the Community Development Department, in collaboration with the City Attorney’s Office and the Finance Department.
FISCAL AND SUSTAINABILITY IMPACT:
There is no direct or indirect cost to the General Fund. The additional cost of $2,500,000 for increased services will be fully covered by the collection of permitting fees through the Permit Center Enterprise Fund, which was established in July 2017.
Fund Appropriation Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25
Operating
Budget Page
Last Budget
Action (Date,
Resolution)
6900 30.3350-63.5010 Outside Services
Professional
Services
$3,250,117 $2,500,000 n/a 09/10/24,
23088
ATTACHMENTS:
1. Resolution authorizing City Manager to execute Amendment No. 1 for Separate Agreements for Professional Services
2. Amendment No. 1 to True North Compliance Services Agreement for Professional Services
Page | 4
3. Amendment No. 1 to 4LEAF Agreement for Professional Services
4. Amendment No. 1 to Shums Coda Associates Agreement for Professional Services
5. Amendment No. 1 to Willdan Engineering Agreement for Professional Services
6. Amendment No. 1 to TRB and Associates Agreement for Professional Services
7. Agreement for Professional Services with True North Compliance Services, Inc.
8. Agreement for Professional Services with 4LEAF, Inc.
9. Agreement for Professional Services with Shums Coda Associates, Inc.
10. Agreement for Professional Services with and Willdan Engineering
11. Agreement for Professional Services with TRB and Associates, Inc. 1 RESOLUTION NO. (N.C.S.)
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO SEPARATE AGREEMENTS FOR PROFESSIONAL
SERVICES FOR PERMIT SERVICES
WHEREAS, the Permit Services Division relies on outside technical professionals to assist with plan review, permitting, and inspection services, particularly for more complicated development projects; and
WHEREAS, contracting for these services allows for the scaling up of experienced technical staffing resources to be able to respond in a timely manner to increases in the number of development applications due to economic growth, while maintaining the City’s workforce; and WHEREAS, through a Request for Qualifications process, True North Compliance Services, 4LEAF, Shums Coda Associates, Willdan Engineering, and TRB and Associates demonstrated extensive knowledge and experience in providing technical services to building departments for multiple jurisdictions in California and employ staff that have the requisite certification, training, and experience to perform the technical work required to meet the City’s needs and have a demonstrated record of quality performance in a timely and cost-effective manner; and
WHEREAS, in July 2024, based on RFQ recommendations, the City Council approved an On-Call List for permit services and authorized the execution of separate Agreements for Professional Services with True North Compliance Services, 4LEAF, Shums Coda Associates, Willdan Engineering, and TRB and Associates for plan review, permitting, and inspection services, for Fiscal Year 2024-25 through Fiscal Year 2026-27; and WHEREAS, subsequently, the number of permits being processed has increased and multiple large and complex development project applications have been received. Due to limited staffing resources and several position vacancies, additional outside professional services are needed to review and process these applications in a timely manner; and WHEREAS, the total increased cost of Two Million, Five Hundred Thousand Dollars ($2,500,000) associated with the proposed Amendments will be fully covered by the collection of plan check and inspection fees through the Permit Services Enterprise Fund prior to initiating a request for services with the consultants; 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). Any subsequent projects resulting from this action will be assessed for CEQA applicability.
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the City Manager to execute Amendment No. 1 to increase the not to exceed compensation amount of each Agreements for Professional Services as listed below:
2 1) True North Compliance Services: not to exceed compensation amount increased to $400,000;
2) 4LEAF: not to exceed compensation amount increased to $300,000; 3) Shums Coda Associates: not to exceed compensation amount increased to $200,000; 4) Willdan Engineering: not to exceed compensation amount increased to $200,000; and 5) TRB and Associates not to exceed compensation amount increased to $2,600,000.
BE IT FURTHER RESOLVED, that the City Manager is authorized to take whatever additional action may be necessary to effectuate the intent of this resolution.
PASSED AND APPROVED this 8
th day of October, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Version: May 2024
AGREEMENT —AMENDMENT NO. 1 TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
TRUE NORTH COMPLIANCE SERVICES, INC. AND CITY OF SALINAS This Amendment No. 1 to the Agreement for Professional Services (the “Amendment”) is entered into this 8 th
day of October 2024, by and between the City of Salinas (the “City”) and True North Compliance Services, Inc., (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 effective July 1st, 2024, 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 increase the City’s capacity to complete plan review, permitting, and inspections for all projects in a timely manner.
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:
TERMS
1. The Agreement, 3.Compensation section, is amended to the following:
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 $400,000.
2. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.
IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Consultant have entered into this Agreement as of the date first written above.
CITY OF SALINAS
___________________________________
Rene Mendez, City Manager
APPROVED AS TO FORM:
___________________________________
□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney
Version: May 2024
True North Compliance Services, Inc.
Isam Hasenin, MSCE, P.E., CBO, President and CEO
Version: May 2024
AGREEMENT —AMENDMENT NO. 1 TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
4LEAF, INC. AND CITY OF SALINAS
This Amendment No. 1 to the Agreement for Professional Services (the “Amendment”) is entered into this 8 th
day of October 2024, by and between the City of Salinas (the “City”) and 4LEAF, Inc., (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 effective July 1st, 2024, 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 increase the City’s capacity to complete plan review, permitting, and inspections for all projects in a timely manner.
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:
TERMS
1. The Agreement, 3.Compensation section, is amended to the following:
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 $250,000.
2. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.
IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Consultant have entered into this Agreement as of the date first written above.
CITY OF SALINAS
___________________________________
Rene Mendez, City Manager
APPROVED AS TO FORM:
___________________________________
□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney
Version: May 2024
4LEAF, Inc.
Kevin Duggan, President
Version: May 2024
AGREEMENT —AMENDMENT NO. 1 TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
SHUMS CODA ASSOCIATES, INC. AND CITY OF SALINAS
This Amendment No. 1 to the Agreement for Professional Services (the “Amendment”) is entered into this 8 th
day of October 2024, by and between the City of Salinas (the “City”) and Shums Coda Associates, Inc., (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 effective July 1st, 2024, 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 increase the City’s capacity to complete plan review, permitting, and inspections for all projects in a timely manner.
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:
TERMS
1. The Agreement, 3.Compensation section, is amended to the following:
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 $200,000.
2. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.
IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Consultant have entered into this Agreement as of the date first written above.
CITY OF SALINAS
___________________________________
Rene Mendez, City Manager
APPROVED AS TO FORM:
___________________________________
□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney
Version: May 2024
Shums Coda Associates, Inc.
David Basinger, Architect, CEO and Principal
Version: May 2024
AGREEMENT —AMENDMENT NO. 1 TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
WILLDAN ENGINEERING AND CITY OF SALINAS
This Amendment No. 1 to the Agreement for Professional Services (the “Amendment”) is entered into this 8 th
day of October 2024, by and between the City of Salinas (the “City”) and Willdan Engineering, (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 effective July 1st, 2024, 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 increase the City’s capacity to complete plan review, permitting, and inspections for all projects in a timely manner.
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:
TERMS
1. The Agreement, 3.Compensation section, is amended to the following:
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 $200,000.
2. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.
IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Consultant have entered into this Agreement as of the date first written above.
CITY OF SALINAS
___________________________________
Rene Mendez, City Manager
APPROVED AS TO FORM:
___________________________________
□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney
Version: May 2024
Willdan Engineering
Patrick Johnson, PE, CBO, Director of Building and Safety
Version: May 2024
AGREEMENT —AMENDMENT NO. 1 TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
TRB AND ASSOCIATES, INC. AND CITY OF SALINAS
This Amendment No. 1 to the Agreement for Professional Services (the “Amendment”) is entered into this 8 th
day of October 2024, by and between the City of Salinas (the “City”) and TRB and Associates, Inc., (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 effective July 1st, 2024, 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 increase the City’s capacity to complete plan review, permitting, and inspections for all projects in a timely manner.
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:
TERMS
1. The Agreement, 3.Compensation section, is amended to the following:
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 $2,600,000.
2. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.
IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Consultant have entered into this Agreement as of the date first written above.
CITY OF SALINAS
___________________________________
Rene Mendez, City Manager
APPROVED AS TO FORM:
___________________________________
□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney
Version: May 2024
TRB and Associates, Inc.
Isam Hasenin, MSCE, P.E., CBO, President and CEO
Form: Professional Services Agreement v. November 2023 Page 1 of 22 True North Compliance Services, Inc.
June 2024
AGREEMENT
FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF SALINAS AND TRUE
NORTH COMPLIANCE SERVICES, INC.
Docusign Envelope ID: 63767E3E-93B9-4866-8487-C16978C02E0B
Form: Professional Services Agreement v. November 2023 Page 2 of 22 True North Compliance Services, Inc.
June 2024
Contents
RECITALS ..................................................................................................................................... 4 TERMS ........................................................................................................................................... 4
1. Scope of Service. ................................................................................................................. 4
2. Term; Completion Schedule. ............................................................................................... 4
3. Compensation. ..................................................................................................................... 4
4. Billing. ................................................................................................................................. 4
5. Meet & Confer. .................................................................................................................... 5
6. Additional Copies................................................................................................................. 5
7. Responsibility of Consultant................................................................................................ 5
8. Responsibility of City. ......................................................................................................... 5
9. Acceptance of Work Not a Release. .................................................................................... 6
10. Indemnification and Hold Harmless. ................................................................................... 6
11. Insurance.............................................................................................................................. 6
12. Access to Records................................................................................................................ 6
13. Non-Assignability................................................................................................................ 6
14. Changes to Scope of Work. ................................................................................................. 6
15. Ownership of Documents. ................................................................................................... 7
16. Termination.......................................................................................................................... 7
17. Compliance with Laws, Rules, and Regulations. ................................................................ 8
18. Exhibits Incorporated........................................................................................................... 8
19. Independent Contractor........................................................................................................ 8
20. Integration and Entire Agreement........................................................................................ 8
21. Jurisdiction and Venue......................................................................................................... 8
22. Severability .......................................................................................................................... 8
23. Notices. ................................................................................................................................ 9
24. Nondiscrimination................................................................................................................ 9
25. Conflict of Interest. .............................................................................................................. 9
26. Headings. ........................................................................................................................... 10
27. Attorneys’ Fees.................................................................................................................. 10
28. Non-Exclusive Agreement................................................................................................. 10
29. Rights and Obligations Under Agreement......................................................................... 10
30. Licenses.............................................................................................................................. 10
31. Counterparts....................................................................................................................... 10 Docusign Envelope ID: 63767E3E-93B9-4866-8487-C16978C02E0B Form: Professional Services Agreement v. November 2023 Page 3 of 22 True North Compliance Services, Inc.
June 2024
32. Legal Representation. ........................................................................................................ 10
33. Joint Representation. .......................................................................................................... 10
34. Warranty of Authority........................................................................................................ 11
35. No Waiver of Rights. ......................................................................................................... 11 Exhibit A- Insurance Requirements .............................................................................................. 12 Exhibit B- Scope of Service.......................................................................................................... 21 Docusign Envelope ID: 63767E3E-93B9-4866-8487-C16978C02E0B Form: Professional Services Agreement v. November 2023 Page 4 of 22 True North Compliance Services, Inc.
June 2024
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND TRUE NORTH COMPLIANCE SERVICES, INC.
This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 11th day of June 2024, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and True North Compliance Services, Inc. a California corporation (hereinafter “Consultant”).
RECITALS
WHEREAS, Consultant represents that he, she, or it is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, City and Consultant agree as follows:
TERMS
1. Scope of Service. The project contemplated and the scope of Consultant’s services are described in Exhibit B, attached hereto and incorporated herein by reference.
2. Term; Completion Schedule. This Agreement shall commence on July 1, 2024, and shall terminate on June 30, 2027, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties, and may be terminated only pursuant to the terms of this Agreement.
3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation as set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed $150,000.
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.
Docusign Envelope ID: 63767E3E-93B9-4866-8487-C16978C02E0B
Form: Professional Services Agreement v. November 2023 Page 5 of 22 True North Compliance Services, Inc.
June 2024
Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.
City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant. The City shall process undisputed portion immediately.
5. Meet & Confer. Consultant agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by the City to ensure timely and adequate performance of the Agreement.
6. Additional Copies. If City requires additional copies of reports, or any other material which Consultant is required to furnish as part of the services under this Agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the actual costs related to the production of such copies by Consultant.
7. Responsibility of Consultant. By executing this Agreement, Consultant agrees that the services to be provided and work to be performed under this Agreement shall be performed in a fully competent manner. By executing this Agreement, Consultant further agrees and represents to City that the Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the services contemplated under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant’s work. Consultant further agrees and represents that Consultant shall follow the current, generally accepted practices in this area to the profession to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement.
8. Responsibility of City. To the extent appropriate to the projects to be completed by Consultant pursuant to this Agreement, City shall:
(A) Assist Consultant by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the projects. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City. (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) David Gonzalves, Community Development Assistant Director, 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 Docusign Envelope ID: 63767E3E-93B9-4866-8487-C16978C02E0B
Form: Professional Services Agreement v. November 2023 Page 6 of 22 True North Compliance Services, Inc.
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and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services. City may unilaterally change its representative upon notice to the Consultant.
(D) Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.
9. Acceptance of Work Not a Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Consultant from professional responsibility for the work performed.
10. Indemnification and Hold Harmless.
Consultant shall defend, indemnify, and hold harmless the City and its officers, officials, employees, volunteers, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder, including the performance of work of any of Consultant’s subcontractors or agents, or Consultant’s failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.
11. Insurance. Consultant shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.
12. Access to Records. Consultant shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Consultant’s usual and customary business hours.
Consultant shall provide proper facilities to City’s representative(s) for such access and inspection.
13. Non-Assignability. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City.
14. Changes to Scope of Work. City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be completed under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes.
Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.
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15. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City’s behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify the Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Consultant.
16. Termination.
(A) City shall have the authority to terminate this Agreement, upon ten days written notice to Consultant, as follows:
(1) If in the City’s opinion the conduct of the Consultant is such that the interest of the City may be 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:
(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, Docusign Envelope ID: 63767E3E-93B9-4866-8487-C16978C02E0B
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notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such material.
(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.
(E) The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.
17. Compliance with Laws, Rules, and Regulations. Services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.
18. Exhibits Incorporated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities of the parties.
19. Independent Contractor. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or servant of the City.
20. Integration and Entire Agreement. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.
21. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.
Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.
22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
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23. Notices.
(A) Written notices to the City hereunder shall, until further notice by City, be addressed to:
Community Development Assistant Director
City of Salinas
65 W. Alisal Street
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:
Isam Hasenin
President and CEO
3939 Atlantic Ave, #224
Long Beach, CA 90807
[email protected] (858) 260-0495
(C) The execution of any such notices by the Assistant Director 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 Docusign Envelope ID: 63767E3E-93B9-4866-8487-C16978C02E0B
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of any applicable local, state or federal law. Consultant further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Consultant as the result of Consultant’s performance of the work or services pursuant to the terms of this Agreement.
26. Headings. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.
27. Attorneys’ Fees. In case suit shall be brought to interpret or to enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys’ fees in addition to such costs as may be allowed by the Court. City’s attorneys’ fees, if awarded, shall be calculated at the market rate.
28. Non-Exclusive Agreement. This Agreement is non-exclusive and both City and Consultant expressly reserves the right to contract with other entities for the same or similar services.
29. Rights and Obligations Under Agreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.
30. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its representatives, agents or subcontractors by federal, state or local law, Consultant warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.
31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
32. Legal Representation. Each party affirms that it has been represented, if it so chose, by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this 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.
Docusign Envelope ID: 63767E3E-93B9-4866-8487-C16978C02E0B
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
____________________________
Rene Mendez
City Manager
APPROVED AS TO FORM:
_________________________
□ Christopher A. Callihan, City Attorney, or
□ Rhonda Combs, Assistant City Attorney
CONSULTANT
___________________________________
By: Isam Hasenin, MSCE, P.E., CBO
Its: President and CEO
Form: Professional Services Agreement v. November 2023
True North Compliance Services, Inc.
June 2024
Docusign Envelope ID: 63767E3E-93B9-4866-8487-C16978C02E0B X
Form: Professional Services Agreement v. November 2023 Page 12 of 22 True North Compliance Services, Inc.
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Exhibit A- Insurance Requirements
Insurance Requirements
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees, or subcontractors. With respect to General Liability and Professional Liability, coverage should be maintained for a minimum of five (5) years after Agreement completion.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
(A)Commercial General Liability (“CGL”): Insurance Services Office Form (“ISO”) CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (B) Automobile Liability: ISO Form CA 0001 covering any auto, or if Consultant has no owned autos, hired and non-owned, with limits no less than $1,000,000 per accident for bodily injury and property damage.
(C)Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
(D)Professional Liability (also known as Errors and Omissions) insurance appropriate to the work being performed, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate per policy period of one year.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
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Primary Coverage
For any claims related to this Agreement or the project described within this Agreement, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO Form CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Consultant, its employees, agents, and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared by Consultant to and approved by the City. At the option of the City, Consultant shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the consultant shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim administrations, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of this Agreement or the beginning of Agreement work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
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Form: Professional Services Agreement v. November 2023 Page 14 of 22 True North Compliance Services, Inc.
June 2024
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all sub-consultants and/or subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from such sub-consultants and/or subcontractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Maintenance of Insurance
Maintenance of insurance by Consultant as specified shall in no way be interpreted as relieving Consultant of its indemnification obligations or any responsibility whatsoever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary.
Docusign Envelope ID: 63767E3E-93B9-4866-8487-C16978C02E0B
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
5/15/2024
Risk Strategies Company
2040 Main Street, Suite 450
Irvine, CA 92614
949-242-9240
www.risk-strategies.com CA DOI License No. 0F06675 Citizens Insurance Company of America 31534 The Hanover American Insurance Company 36064
Travelers Casualty and Surety Co of America 31194
Allmerica Financial Benefit Insurance Co 41840
A OB3J114022 8/27/2023 8/27/2024 2,000,000
1,000,000
✓
5,000
✓
2,000,000
4,000,000
✓ 4,000,000
D AW3J248741 12/9/2023 12/9/2024 1,000,000
✓
✓ ✓
A ✓ ✓ OB3J114022 8/27/2023 8/27/2024 2,000,000
2,000,000
✓ 0
B WZ3J114000 8/27/2023 8/27/2024 ✓
1,000,000
1,000,000
1,000,000
C Professional Liability 107683951 8/27/2023 8/27/2024
Full Prior Acts
RSC Insurance Brokerage
Risk Strategies Company
[email protected]
Per Claim
Aggregate
$2,000,000
$4,000,000
True North Compliance Services, Inc.
3939 Atlantic Avenue, Suite 224
Long Beach CA 90807
80001648
✓ ✓
✓
✓
The City of Salinas, its officers, officials, employees, and volunteers are named as additional insureds and general, auto and work comp policies. 30-day notice for non-renewal & cancellation, 10-day notice for non-payment applies.
City of Salinas
200 Lincoln Ave.
Salinas CA 93901
Projects as on file with the insured.
primary/non-contributory clause applies to the general liability policy and a waiver of subrogation applies to the Professional Liability Retro Date: Full Prior Acts; Deductible: $10,000 per claim. 80001648 | 23-24 GL-AL-UMB-WC-PL | Sherry Young | 5/15/2024 9:13:58 AM (PDT) | Page 1 of 6 Docusign Envelope ID: 63767E3E-93B9-4866-8487-C16978C02E0B No coverage is provided by this Notice, nor can it be construed to replace any provisions of the policy (including its endorsements). If there is any conflict between this Notice and the policy (including the endorsements), the provisions of the policy (including its endorsements) shall prevail.
Architects and Engineers
The following policy language is from Businessowners General Liability Coverage Part NAMED INSURED: POLICY NUMBER:
The following are mandatory forms on the policy identified on the Certificate of Insurance:
391-1586 (08-16) BUSINESSOWNERS GENERAL LIABILITY SUPPLEMENTARY ENDORSEMENT Additional Insured by Contract, Agreement or Permit
A. Section II – Liability, C – Who is an insured is amended to include as an additional insured any person or organization with whom you agreed in a written contract, written agreement or permit but only respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by your acts or omissions; or the acts or omissions of those acting on your behalf, but only with respect to:
(i) “Your work” for the additional insured(s) designated in the contract, agreement or permit including "bodily injury" or "property damage" included in the "products - completed operations hazard" only if this Coverage Part provides such coverage;
(ii) Premises you own, rent, lease, or occupy; or
(iii) Your maintenance, operation or use of equipment leased to you. *Definition: “Your work” a. Means: (1) Work or operations performed by you or on behalf; and (2) materials, parts or equipment furnished in connection with such work or operations; b. Includes (1) warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of “your work”; and (2) the providing of or failure to provide warnings or instructions.
This provision does not apply:
(1) Unless the written contract or written agreement has been executed or permit has been issued prior to the "bodily Injury”, “property damage”, “personal injury” or “advertising injury". (2) To any person or organization Included as an Insured by an endorsement Issued by us and made part of this Coverage Part.
(3) To any lessor of equipment (a) After the equipment lease expires; or (b) If the "bodily Injury", "property damage", "personal injury" or "advertising Injury'' arises out of sole negligence of the lessor. (4) To any: (a) Owners or other Interests from whom land has been leased which takes place after the lease for the land expires; or (b) Managers or lessors of premises if: (i) The occurrence takes place after you cease to be a tenant in that premises; or (ii) The “bodily injury”, “property damage”, “personal injury” or "advertising injury” arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (5) To “bodily injury”, “property damage” or “personal and advertising injury” arising out of the rendering of or failure to render any professional services.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" or the offense which caused the "personal and advertising injury" involved the rendering of or failure to render any professional services by or for you.
Other Insurance Primary & Non-Contributory
The following paragraph is added to SECTION III – COMMON POLICY CONDITIONS, H – Other Insurance: Additional Insured – Primary and Non-Contributory. If you agree in a written contract, written agreement or permit that the insurance provided to any person or organization included as an Additional Insured under SECTION II – Liability, C. Who is an Insured is primary and non-contributory, the following applies: If other valid and collectible insurance is available to the Additional Insured for a loss covered under SECTION II – LIABILITY of this Coverage Part, our obligations are limited as follows:
(1) Primary Insurance: This insurance is primary to other insurance that is available to the Additional Insured which covers the Additional Insured as a Named Insured. We will not seek contribution from any other insurance available to the Additional Insured except: (a) For the sole negligence of the Additional Insured; (b) When the Additional Insured is an Additional Insured under another primary liability policy; or (c) When b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. (2) Excess Insurance:
(a) This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis:
(i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is Fire insurance for premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner;
True North Compliance Services, Inc. OB3J114022
80001648 | 23-24 GL-AL-UMB-WC-PL | Sherry Young | 5/15/2024 9:13:58 AM (PDT) | Page 2 of 6 Docusign Envelope ID: 63767E3E-93B9-4866-8487-C16978C02E0B No coverage is provided by this Notice, nor can it be construed to replace any provisions of the policy (including its endorsements). If there is any conflict between this Notice and the policy (including the endorsements), the provisions of the policy (including its endorsements) shall prevail. (iii) That is insurance purchased by the Additional Insured to cover the Additional Insured's liability as a tenant for "property damage" to premises rented to the Additional Insured or temporarily occupied by the Additional with permission of the owner; or
(iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION II - LIABILITY. B. Exclusions, 1. Applicable to Business Liability Coverage. (v) That is insurance available to you for your participation in any past or present "unnamed joint venture". (vi) That is any insurance you may have that provides coverage for your professional services. (b) When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (c) When this insurance is excess over other Insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(i) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (ii) The total of all deductible and self-insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage part.
(3) Method Of Sharing
If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.
Per Project Aggregate
The following changes are made to SECTION II - LIABILITY:
1. The following is added to SECTION II - LIABILITY, D. Liability and Medical Expenses Limits of Insurance, paragraph 4:
The Aggregate Limits of Insurance apply separately to each of "your projects" or each "location" listed in the Declarations.
2. For the purpose of coverage provided by this endorsement only, the following is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions:
1. "Your project" means:
a. Any premises, site or "location" at, on, or in which "your work" is not yet completed; and b. Does not include any "location" listed in the Declarations.
2. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad.
Separation Of Insureds
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and, b. Separately to each insured against whom claim is made or “suit” is brought.
Waiver Of Subrogation
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV – COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization where required by written contract because of payments we make for injury or damage arising out of your ongoing operations or “your work” done under a contract with that person or organization and included in the “products-completed operations hazard”. This waiver applies only to the person or organization where required by written contract.
Notice Of Cancellation
For any statutorily permitted reason other than non-payment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to 30 Days.
AUTHORIZED REPRESENTATIVE
*From Hanover Forms: 391-1003 (08/16); 391-1445 (08/16); 391-1586 (08/16), 391-1003 (08/16) 80001648 | 23-24 GL-AL-UMB-WC-PL | Sherry Young | 5/15/2024 9:13:58 AM (PDT) | Page 3 of 6 Docusign Envelope ID: 63767E3E-93B9-4866-8487-C16978C02E0B Insured:
Policy No.:
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Copyright, Insurance Services Office, Inc., 1996
461-0155 (9-97)
14. AUTO LOAN PHYSICAL DAMAGE
EXTENSION
The following is added to SECTION III -
PHYSICAL DAMAGE COVERAGE, C.
Limit Of Insurance provision:
When a "loss" results in a total loss to a
covered auto you own for which a Loss
Payee is designated in this policy, the most
we will pay for "loss" in any one "accident" is
the greater of:
1. The actual cash value of the
damaged or stolen property as of
the time of the "loss"; or
2. The outstanding balance of the
initial loan, less any amounts for
taxes, overdue payments, overdue
payment charges, penalties,
interest , any charges for early
termination of the loan, costs for
Credit Life Insurance, Health,
Accident or Disability Insurance
purchased with the loan, and
carry-over balances from previous
loans.
15. AUTO LEASE PHYSICAL DAMAGE
EXTENSION
The following is added to SECTION III -
PHYSICAL DAMAGE COVERAGE, C.
Limit Of Insurance provision:
If, because of damage, destruction or theft of
a covered "auto", which is a long-term
leased "auto", the lease agreement between
you and the lessor is terminated, "we" will
pay the difference between the amount paid
under paragraph C. LIMIT OF INSURANCE
1. or 2. and the amount due at the time of
"loss" under the terms of the lease
agreement applicable to the leased "auto"
which you are required to pay: less any fees
to dispose of the auto; any overdue
payments; financial penalties
imposed under a lease for excessive use,
abnormal wear and tear or high mileage;
security deposits not refunded by the lessor;
cost for extended warranties, Credit Life
Insurance, Health, Accident or Disability
Insurance purchased with the loan; and
carry over balances from previous leases.
This coverage applies only to the initial
lease for the covered "auto" which has not
previously been leased. This coverage is
excess over all other collectible insurance.
SECTION IV - CONDITIONS
16. DUTIES IN THE EVENT OF
ACCIDENT, CLAIM, SUIT OR LOSS
The following is added to SECTION IV -
BUSINESS AUTO CONDITIONS, A. Loss
Conditions, 2. Duties In The Event Of
Accident, Claim, Suit Or Loss:
d. Knowledge of any "accident",
claim, "suit" or "loss" will be
deemed knowledge by you when
notice of such "accident",
claim, "suit" or "loss" has been
received by:
(1) You, if you are an individual;
(2) Any partner or insurance
manager if you are a
partnership; or
(3) An executive officer or
insurance manager if you are
a corporation.
17. BLANKET WAIVER OF
SUBROGATION
Paragraph 5. Transfer Of Rights Of
Recovery Against Others To Us,
SECTION IV - BUSINESS AUTO
CONDITIONS, A. Loss Conditions is
replaced by the following:
True North Compliance Services, Inc.
AW3J248741
80001648 | 23-24 GL-AL-UMB-WC-PL | Sherry Young | 5/15/2024 9:13:58 AM (PDT) | Page 4 of 6 Docusign Envelope ID: 63767E3E-93B9-4866-8487-C16978C02E0B Insured:
Policy No.:
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Copyright, Insurance Services Office, Inc., 1996
461-0155 (9-97)
5. Transfer Of Rights Of Recovery
Against Others To Us
If any person or organization to or
for whom we make payment under
this Coverage Form has rights to
recover damages from another,
which have not been waived
through the execution of an "insured
contract", written agreement, or
permit, prior to the "accident" or
"loss" giving rise to the payment,
those rights to recover damages
from another are transferred to us.
That person or organization must do
everything necessary to secure our
rights and must do nothing after the
"accident" or "loss" to impair them.
18. UNINTENTIONAL FAILURE TO
DISCLOSE INFORMATION
The following is added to SECTION IV
BUSINESS AUTO CONDITIONS. B.
General Conditions, paragraph 2.
Concealment, Misrepresentation Or
Fraud:
Your unintentional error in disclosing, or
failure to disclose, any material fact
existing after the effective date of this
Coverage Form shall not prejudice your
rights under this Coverage Form.
However, this provision does not affect
our right to collect additional premium or
exercise our right of cancellation or
nonrenewal.
19. HIRED AUTO - WORLDWIDE
COVERAGE
The following is added to SECTION IV -
Business Auto Conditions, B. General
Conditions, paragraph 7. Policy Period,
Coverage Territory provision:
e. Outside the coverage territory
described in a., b., c., and d.
above for an "accident" or "loss"
resulting from the use of a
covered "auto" you hire, without a
driver, or your employee hires
without a driver, at your direction,
for the purpose of conducting your
business, for a period of 30 days
or less, provided the suit is
brought within The United States
of America or its territories or
possessions.
SECTION V - DEFINITIONS
20. MENTAL ANGUISH
Paragraph C. "Bodily injury", SECTION V -
DEFINITIONS is replaced by the following:
C. "Bodily injury" means bodily injury,
sickness or disease sustained by a
person including death or mental
anguish resulting from any of these.
True North Compliance Services, Inc.
AW3J248741
80001648 | 23-24 GL-AL-UMB-WC-PL | Sherry Young | 5/15/2024 9:13:58 AM (PDT) | Page 5 of 6 Docusign Envelope ID: 63767E3E-93B9-4866-8487-C16978C02E0B
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be _____% of the California workers' compensation premium otherwise due on such remuneration.
Schedule
Person or Organization Job Description
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Endorsement No.
Insured
Insurance Company
Countersigned By
WC 04 03 06 (Ed 04-84)
A PPLIES A S BLA NKET WA IVER
FOR THOSE HAVING A WRITTEN
CONTRACT WITH THE POLICYHOLDER REQUIRING WOS FOR
WC POLICYHOLDER EMPLOYEES.
2 Policy No. WZ3J114000
THE HANOVER AMERICAN INSURANCE COMPANY
True North Compliance Services, Inc.
08/27/2023
80001648 | 23-24 GL-AL-UMB-WC-PL | Sherry Young | 5/15/2024 9:13:58 AM (PDT) | Page 6 of 6 Docusign Envelope ID: 63767E3E-93B9-4866-8487-C16978C02E0B Exhibit B
Fee Structure
PLAN REVIEW SERVICES
True North proposes to charge 55% of the Plan Check Fees collected by the City of Salinas. Our fee covers the initial review, and two recheck cycles, as well as all shipping and delivery of plans to/from City Hall
- Structural-Only Reviews: 40% of the City’s Plan Check Fee. - Revisions/Deferred Submittals/RFIs will be billed using the hourly rate table below. - Expedited Service: 140% of our proposed fees above.
Additional Services: The following hourly rate table applies to on-site staffing services and/or additional services included in our Scope of Services that may be required by the City of Salinas.
Our hourly rates are all-inclusive and include salaries, overhead, benefits, PTO, etc.
Hourly Rates for Additional Services
Position Hourly Rate
Interim Certified Building Official $160.00
Plan Review Engineer $135.00
Senior Plan Review Engineer $150.00
Structural Engineer I $145.00
Structural Engineer II $160.00
Certified Engineering Geologist/Geotechnical Engineer $155.00 Licensed Fire Protection Engineer $155.00
Certified Plans Examiner I $115.00
Certified Plans Examiner II $130.00
Building/Housing Inspector I $105.00
Building/Housing Inspector II $120.00
Senior Building/Housing Inspector $130.00
CASp Plan Reviewer/Inspector $135.00
Fire Plan Reviewer/Inspector I $120.00
True North Compliance Services, Inc. Page 21 of 22
June 2024
Docusign Envelope ID: 63767E3E-93B9-4866-8487-C16978C02E0B Exhibit B
Fire Plan Reviewer/Inspector II $135.00
Grading/Public Improvements Plan Review Engineer I $140.00 Grading/Public Improvements Plan Review Engineer II $155.00 Permit Technician I $75.00
Permit Technician II $85.00
Administrative Assistant $65.00
- On-Site services (plan review, permit technician, inspections) will be provided in eight (8) hour segments.
- Overtime for on-site staffing will be charged at 140% of the rates above. - Mileage for tasks related to requested scope such as inspections or site visits will be charged at the current IRS mileage rate measured from City Hall. - Inspections outside of the City’s business hours will be charged at 140% of rates above with a 4-hour minimum.
- Incidental expenses will be charged at cost.
True North Compliance Services, Inc. Page 22 of 22
June 2024
Docusign Envelope ID: 63767E3E-93B9-4866-8487-C16978C02E0B DocuSign Envelope ID: 5B2708C0-7EC7-4EAF-BA52-7290AD3DBCD3 DocuSign Envelope ID: 5B2708C0-7EC7-4EAF-BA52-7290AD3DBCD3 DocuSign Envelope ID: 5B2708C0-7EC7-4EAF-BA52-7290AD3DBCD3 DocuSign Envelope ID: 5B2708C0-7EC7-4EAF-BA52-7290AD3DBCD3 DocuSign Envelope ID: 5B2708C0-7EC7-4EAF-BA52-7290AD3DBCD3 DocuSign Envelope ID: 5B2708C0-7EC7-4EAF-BA52-7290AD3DBCD3 DocuSign Envelope ID: 5B2708C0-7EC7-4EAF-BA52-7290AD3DBCD3 DocuSign Envelope ID: 5B2708C0-7EC7-4EAF-BA52-7290AD3DBCD3 DocuSign Envelope ID: 5B2708C0-7EC7-4EAF-BA52-7290AD3DBCD3 DocuSign Envelope ID: 5B2708C0-7EC7-4EAF-BA52-7290AD3DBCD3 DocuSign Envelope ID: 5B2708C0-7EC7-4EAF-BA52-7290AD3DBCD3 X
DocuSign Envelope ID: 5B2708C0-7EC7-4EAF-BA52-7290AD3DBCD3 DocuSign Envelope ID: 5B2708C0-7EC7-4EAF-BA52-7290AD3DBCD3 DocuSign Envelope ID: 5B2708C0-7EC7-4EAF-BA52-7290AD3DBCD3 DocuSign Envelope ID: 5B2708C0-7EC7-4EAF-BA52-7290AD3DBCD3 DocuSign Envelope ID: 5B2708C0-7EC7-4EAF-BA52-7290AD3DBCD3 DocuSign Envelope ID: 5B2708C0-7EC7-4EAF-BA52-7290AD3DBCD3 DocuSign Envelope ID: 5B2708C0-7EC7-4EAF-BA52-7290AD3DBCD3 DocuSign Envelope ID: 5B2708C0-7EC7-4EAF-BA52-7290AD3DBCD3 DocuSign Envelope ID: 5B2708C0-7EC7-4EAF-BA52-7290AD3DBCD3 DocuSign Envelope ID: 5B2708C0-7EC7-4EAF-BA52-7290AD3DBCD3 DocuSign Envelope ID: 5B2708C0-7EC7-4EAF-BA52-7290AD3DBCD3 DocuSign Envelope ID: 5B2708C0-7EC7-4EAF-BA52-7290AD3DBCD3 DocuSign Envelope ID: 5B2708C0-7EC7-4EAF-BA52-7290AD3DBCD3 DocuSign Envelope ID: 5B2708C0-7EC7-4EAF-BA52-7290AD3DBCD3 Form: Professional Services Agreement v. November 2023 Page 1 of 23 Shums Coda Associates, Inc
June 2024
AGREEMENT
FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF SALINAS AND SHUMS
CODA ASSOCIATES, INC
DocuSign Envelope ID: 7F009746-0976-4768-8D33-A88E391C0529 Form: Professional Services Agreement v. November 2023 Page 2 of 23 Shums Coda Associates, Inc
June 2024
Contents
RECITALS ..................................................................................................................................... 4 TERMS ........................................................................................................................................... 4
1. Scope of Service. ................................................................................................................. 4
2. Term; Completion Schedule. ............................................................................................... 4
3. Compensation. ..................................................................................................................... 4
4. Billing. ................................................................................................................................. 4
5. Meet & Confer. .................................................................................................................... 5
6. Additional Copies................................................................................................................. 5
7. Responsibility of Consultant. ............................................................................................... 5
8. Responsibility of City. ......................................................................................................... 5
9. Acceptance of Work Not a Release. .................................................................................... 6
10. Indemnification and Hold Harmless. ................................................................................... 6
11. Insurance. ............................................................................................................................. 6
12. Access to Records. ............................................................................................................... 6
13. Non-Assignability................................................................................................................ 6
14. Changes to Scope of Work. ................................................................................................. 6
15. Ownership of Documents. ................................................................................................... 7
16. Termination. ......................................................................................................................... 7
17. Compliance with Laws, Rules, and Regulations. ................................................................ 8
18. Exhibits Incorporated. .......................................................................................................... 8
19. Independent Contractor. ....................................................................................................... 8
20. Integration and Entire Agreement........................................................................................ 8
21. Jurisdiction and Venue. ........................................................................................................ 8
22. Severability .......................................................................................................................... 8
23. Notices. ................................................................................................................................ 9
24. Nondiscrimination................................................................................................................ 9
25. Conflict of Interest. .............................................................................................................. 9
26. Headings. ........................................................................................................................... 10
27. Attorneys’ Fees .................................................................................................................. 10
28. Non-Exclusive Agreement. ................................................................................................ 10
29. Rights and Obligations Under Agreement......................................................................... 10
30. Licenses.............................................................................................................................. 10
31. Counterparts....................................................................................................................... 10 DocuSign Envelope ID: 7F009746-0976-4768-8D33-A88E391C0529 Form: Professional Services Agreement v. November 2023 Page 3 of 23 Shums Coda Associates, Inc
June 2024
32. Legal Representation. ........................................................................................................ 10
33. Joint Representation. .......................................................................................................... 10
34. Warranty of Authority........................................................................................................ 11
35. No Waiver of Rights. ......................................................................................................... 11 Exhibit A- Insurance Requirements .............................................................................................. 12 Exhibit B- Scope of Service..........................................................................................................
DocuSign Envelope ID: 7F009746-0976-4768-8D33-A88E391C0529 Form: Professional Services Agreement v. November 2023 Page 4 of 23 Shums Coda Associates, Inc
June 2024
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND SHUMS CODA ASSOCIATES, INC
This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 11th day of June 2024, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and Shums Coda Associates, Inc. a California corporation (hereinafter “Consultant”).
RECITALS
WHEREAS, Consultant represents that he, she, or it is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, City and Consultant agree as follows:
TERMS
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.
Term; Completion Schedule. This Agreement shall commence on July 1, 2024, and shall terminate on June 30, 2027, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties, and may be terminated only pursuant to the terms of this Agreement.
Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation as set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed $1 0,000.
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 brief description of services performed;
The date the services were performed;
The number of hours spent and by whom;
A brief description of any costs incurred; and
The Consultant’s signature.
DocuSign Envelope ID: 7F009746-0976-4768-8D33-A88E391C0529 Form: Professional Services Agreement v. November 2023 Page 5 of 23 Shums Coda Associates, Inc
June 2024
Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.
City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant. The City shall process undisputed portion immediately.
5. Meet & Confer. Consultant agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by the City to ensure timely and adequate performance of the Agreement.
6. Additional Copies. If City requires additional copies of reports, or any other material which Consultant is required to furnish as part of the services under this Agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the actual costs related to the production of such copies by Consultant.
7. Responsibility of Consultant. By executing this Agreement, Consultant agrees that the services to be provided and work to be performed under this Agreement shall be performed in a fully competent manner. By executing this Agreement, Consultant further agrees and represents to City that the Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the services contemplated under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant’s work. Consultant further agrees and represents that Consultant shall follow the current, generally accepted practices in this area to the profession to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement.
8. Responsibility of City. To the extent appropriate to the projects to be completed by Consultant pursuant to this Agreement, City shall:
(A) Assist Consultant by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the projects. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City. (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) David Gonzalves, Community Development Assistant Director, 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 DocuSign Envelope ID: 7F009746-0976-4768-8D33-A88E391C0529 Form: Professional Services Agreement v. November 2023 Page 6 of 23 Shums Coda Associates, Inc
June 2024
and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services. City may unilaterally change its representative upon notice to the Consultant.
(D) Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.
9. Acceptance of Work Not a Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Consultant from professional responsibility for the work performed.
10. Indemnification and Hold Harmless.
Consultant shall defend, indemnify, and hold harmless the City and its officers, officials, employees, volunteers, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder, including the performance of work of any of Consultant’s subcontractors or agents, or Consultant’s failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.
11. Insurance. Consultant shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.
12. Access to Records. Consultant shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Consultant’s usual and customary business hours.
Consultant shall provide proper facilities to City’s representative(s) for such access and inspection.
13. Non-Assignability. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City.
14. Changes to Scope of Work. City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be completed under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes.
Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.
DocuSign Envelope ID: 7F009746-0976-4768-8D33-A88E391C0529 Form: Professional Services Agreement v. November 2023 Page 7 of 23 Shums Coda Associates, Inc
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15. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City’s behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify the Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Consultant.
16. Termination.
(A) City shall have the authority to terminate this Agreement, upon ten days written notice to Consultant, as follows:
(1) If in the City’s opinion the conduct of the Consultant is such that the interest of the City may be 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:
(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, DocuSign Envelope ID: 7F009746-0976-4768-8D33-A88E391C0529 Form: Professional Services Agreement v. November 2023 Page 8 of 23 Shums Coda Associates, Inc
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notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such material.
(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.
(E) The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.
17. Compliance with Laws, Rules, and Regulations. Services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.
18. Exhibits Incorporated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities of the parties.
19. Independent Contractor. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or servant of the City.
20. Integration and Entire Agreement. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.
21. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.
Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.
22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
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23. Notices.
(A) Written notices to the City hereunder shall, until further notice by City, be addressed to:
Community Development Assistant Director
City of Salinas
65 W. Alisal Street
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:
David Basinger
CEO and Principal
5776 Stoneridge Mall Road, Suite 150
Pleasanton, CA 94588
[email protected] (925) 413-5626
(C) The execution of any such notices by the Assistant Director 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 DocuSign Envelope ID: 7F009746-0976-4768-8D33-A88E391C0529 Form: Professional Services Agreement v. November 2023 Page 10 of 23 Shums Coda Associates, Inc
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of any applicable local, state or federal law. Consultant further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Consultant as the result of Consultant’s performance of the work or services pursuant to the terms of this Agreement.
26. Headings. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.
27. Attorneys’ Fees. In case suit shall be brought to interpret or to enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys’ fees in addition to such costs as may be allowed by the Court. City’s attorneys’ fees, if awarded, shall be calculated at the market rate.
28. Non-Exclusive Agreement. This Agreement is non-exclusive and both City and Consultant expressly reserves the right to contract with other entities for the same or similar services.
29. Rights and Obligations Under Agreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.
30. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its representatives, agents or subcontractors by federal, state or local law, Consultant warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.
31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
32. Legal Representation. Each party affirms that it has been represented, if it so chose, by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this 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 ____________________________ City Manager APPROVED AS TO FORM: _________________________ Christopher A. Callihan, City Attorney, or Rhonda Combs, Assistant City Attorney
CONSULTANT
___________________________________
By: David Basinger, Architect
Its: CEO and Principal
DocuSign Envelope ID: 7F009746-0976-4768-8D33-A88E391C0529 X
Form: Professional Services Agreement v. November 2023 Page 12 of 23 Shums Coda Associates, Inc
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Exhibit A- Insurance Requirements
Insurance Requirements
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees, or subcontractors. With respect to General Liability and Professional Liability, coverage should be maintained for a minimum of five (5) years after Agreement completion.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
(A)Commercial General Liability (“CGL”): Insurance Services Office Form (“ISO”) CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (B) Automobile Liability: ISO Form CA 0001 covering any auto, or if Consultant has no owned autos, hired and non-owned, with limits no less than $1,000,000 per accident for bodily injury and property damage.
(C)Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
(D)Professional Liability (also known as Errors and Omissions) insurance appropriate to the work being performed, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate per policy period of one year.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
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Primary Coverage
For any claims related to this Agreement or the project described within this Agreement, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO Form CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Consultant, its employees, agents, and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared by Consultant to and approved by the City. At the option of the City, Consultant shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the consultant shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim administrations, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of this Agreement or the beginning of Agreement work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
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Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all sub-consultants and/or subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from such sub-consultants and/or subcontractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Maintenance of Insurance
Maintenance of insurance by Consultant as specified shall in no way be interpreted as relieving Consultant of its indemnification obligations or any responsibility whatsoever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary.
DocuSign Envelope ID: 7F009746-0976-4768-8D33-A88E391C0529 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F : POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE LIMITS (MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO- POLICY LOC JECT PRODUCTS - COMP/OP AGG
OTHER: $
COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident) $
$
OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH- STATUTE ER
E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
5/17/2024
(408) 792-5400 (408) 792-3670
11000
Shums Coda Associates, Inc.
5776 Stoneridge Mall Road, Suite 150
Pleasanton, CA 94588
22357
10346
16543
A 2,000,000
X 57SBABZ4608 3/8/2024 3/8/2025 1,000,000
10,000
2,000,000
4,000,000
4,000,000
B 1,000,000
57UECFN0207 12/20/2023 12/20/2024
A 2,000,000
57SBABZ4608 3/8/2024 3/8/2025 2,000,000
10,000
C
EIG496370002 3/23/2024 3/23/2025 1,000,000
1,000,000
1,000,000
D E&O/Professional Lia BFLPMLTCA011400_020333_03 3/8/2024 LIMIT PER CLAIM 3,000,000 A Employee dishonesty 57SBABZ4608 3/8/2024 3/8/2025 Ded. $250.00 25,000 Re : Per written contract/agreement with the Named Insured per policy terms conditions and exclusions . Certificate is subject to policy limits, conditions and exclusions
City of Salinas its officers, officials, employees, agents and volunteers as Additional Insured as respects General Liability, per written contract with insured, per attached form SS 00 08 04 05.
Form CIR Attached.
City Of Salinas
65 West Alisal Street 2nd Floor
Salinas, CA 93901
SHUMCOD-01 MARIAVELASQUEZ
NFP Property & Casualty Services, Inc.
160 West Santa Clara Street
Suite 575
San Jose, CA 95113
Sentinel Insurance Company Ltd
Hartford Accident and Indemnity Co
Employers Preferred Insurance Company
Texas Insurance Company
X
3/8/2025
X
X
X
X
X
X
X
DocuSign Envelope ID: 7F009746-0976-4768-8D33-A88E391C0529 FORM NUMBER: EFFECTIVE DATE:
The ACORD name and logo are registered marks of ACORD
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE
FORM TITLE:
Page of
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01)
AGENCY CUSTOMER ID:
LOC #:
AGENCY NAMED INSURED
POLICY NUMBER
CARRIER NAIC CODE
© 2008 ACORD CORPORATION. All rights reserved.
NFP Property & Casualty Services, Inc.
SHUMCOD-01
SEE PAGE 1
1 SEE PAGE 1
ACORD 25 Certificate of Liability Insurance
1 SEE P 1
Shums Coda Associates, Inc.
5776 Stoneridge Mall Road, Suite 150 Pleasanton, CA 94588 SEE PAGE 1
MARIAVELASQUEZ
1 CONTRACTUAL INSURANCE REQUIREMENTS
The attached Certificate of Insurance is provided as part of our service to our client, the Insured. If special endorsements have been provided, they also are indicated attached. You may find that these documents do not comply with all the terms and conditions of the underlying contract between the Certificate Holder and the Insured due to the insurance company’s insuring conditions, limitations, exclusions and other terms.
If you have any questions, please contact the undersigned.
NFP Property and Casualty Services, Inc.
160 West Santa Clara Street, Suite #575
CA License #0F15715
TELEPHONE: 408.792.5400
FAX: 408.792.3670
DocuSign Envelope ID: 7F009746-0976-4768-8D33-A88E391C0529 DocuSign Envelope ID: 7F009746-0976-4768-8D33-A88E391C0529 DocuSign Envelope ID: 7F009746-0976-4768-8D33-A88E391C0529 DocuSign Envelope ID: 7F009746-0976-4768-8D33-A88E391C0529 DocuSign Envelope ID: 7F009746-0976-4768-8D33-A88E391C0529 DocuSign Envelope ID: 7F009746-0976-4768-8D33-A88E391C0529 DocuSign Envelope ID: 7F009746-0976-4768-8D33-A88E391C0529 Fee Structure Exhibit B
Building Plan Check Fees
Fees for comprehensive plan reviews, performed at SCA offices, will be equal to fifty-five percent (55%) of the plan review fees as calculated per the jurisdiction. The fee covers all services associated with the typical plan review, first, second and quick third reviews to approve projects.
The following may be charged at an hourly rate: extensive plan reviews (longer third reviews or more), smaller fee projects that take more than a single review due to inadequate initially submitted information (when agreed upon with the Chief Building Official), pre-application, pre-construction, or additional meeting attendance that is necessary for unusual or complex projects, and plan review staff required to provide support in city’s offices.
Fees for expedited reviews will be negotiated directly with city’s Building Official prior to beginning the review and will be a fixed fee based on the determined complexity of the project, availability of SCA staff and requested expedited turnaround schedule. It will be possible that an expedited review can be completed with no additional charge in some instances.
Hourly Rates
Job Title Hourly Rate
In-House Plan Review $150
In-House Code Training (virtual) $165
Acting Building Official $155
Principal $165
Plan Review Engineer/Architect $140
Fire Plan Review/Fire Inspector (FPE when needed) $175 - $250 Permit Technician $70 - $85
Clerical Support $60 - $70
CASp Specialist – Plan Review $175
CASp Specialist – Inspection $200
CASp Specialist - Report TBD
Acting Supervisor of Inspectors (I.O.R.)** $140-$150
Senior Inspector** $130 - $140
Inspector II** $115 - $130
Inspector I** $100 - $115
Inspector in Training $70-$100
Overtime will not be charged for any plan review services, but SCA does reserve the right to negotiate additional fees for major re-designs or consistently incomplete responses to initial plan review comments (as agreed upon mutually with the jurisdiction). Overtime for inspection and other services will be charged at 150% of the standard hourly rates (as agreed upon mutually with the jurisdiction). ** Hours for inspections in excess of 8 hours (per day) will be billed as overtime at the rate shown above. When inspection overtime is requested, on days when inspector has not already performed inspections on the site (i.e., weekends, holidays, etc.), inspection overtime services will be provided in 4-hour minimum segments.
These rates do not include reimbursables and mileage costs as part of the rates.
Invoices will be submitted to the jurisdiction on a monthly basis or as agreed upon with the jurisdiction.
DocuSign Envelope ID: 7F009746-0976-4768-8D33-A88E391C0529 Form: Professional Services Agreement v. November 2023 Page 1 of 26 Willdan Engineering - Permit Services
June 2024
AGREEMENT
FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF SALINAS AND WILLDAN
ENGINEERING
Docusign Envelope ID: 2BBEEE2D-B2D1-41E6-9ACB-AAD18708588C
Form: Professional Services Agreement v. November 2023 Page 2 of 26 Willdan Engineering – Permit Services
June 2024
Contents
RECITALS ..................................................................................................................................... 4 TERMS ........................................................................................................................................... 4
1. Scope of Service. ................................................................................................................. 4
2. Term; Completion Schedule. ............................................................................................... 4
3. Compensation. ..................................................................................................................... 4
4. Billing. ................................................................................................................................. 4
5. Meet & Confer. .................................................................................................................... 5
6. Additional Copies................................................................................................................. 5
7. Responsibility of Consultant................................................................................................ 5
8. Responsibility of City. ......................................................................................................... 5
9. Acceptance of Work Not a Release. .................................................................................... 6
10. Indemnification and Hold Harmless. ................................................................................... 6
11. Insurance.............................................................................................................................. 6
12. Access to Records................................................................................................................ 6
13. Non-Assignability................................................................................................................ 6
14. Changes to Scope of Work. ................................................................................................. 6
15. Ownership of Documents. ................................................................................................... 7
16. Termination.......................................................................................................................... 7
17. Compliance with Laws, Rules, and Regulations. ................................................................ 8
18. Exhibits Incorporated........................................................................................................... 8
19. Independent Contractor........................................................................................................ 8
20. Integration and Entire Agreement........................................................................................ 8
21. Jurisdiction and Venue......................................................................................................... 8
22. Severability .......................................................................................................................... 8
23. Notices. ................................................................................................................................ 9
24. Nondiscrimination................................................................................................................ 9
25. Conflict of Interest. .............................................................................................................. 9
26. Headings. ........................................................................................................................... 10
27. Attorneys’ Fees.................................................................................................................. 10
28. Non-Exclusive Agreement................................................................................................. 10
29. Rights and Obligations Under Agreement......................................................................... 10
30. Licenses.............................................................................................................................. 10
31. Counterparts....................................................................................................................... 10 Docusign Envelope ID: 2BBEEE2D-B2D1-41E6-9ACB-AAD18708588C Form: Professional Services Agreement v. November 2023 Page 3 of 26 Willdan Engineering – Permit Services
June 2024
32. Legal Representation. ........................................................................................................ 10
33. Joint Representation. .......................................................................................................... 10
34. Warranty of Authority........................................................................................................ 11
35. No Waiver of Rights. ......................................................................................................... 11 Exhibit A- Insurance Requirements .............................................................................................. 12 Exhibit B- Scope of Service.......................................................................................................... 26 Docusign Envelope ID: 2BBEEE2D-B2D1-41E6-9ACB-AAD18708588C
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AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND WILLDAN ENGINEERING
This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 11th day of June 2024, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and Willdan Engineering 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 July 1, 2024, and shall terminate on June 30, 2027, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties, and may be terminated only pursuant to the terms of this Agreement.
3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation as set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed $150,000.
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 & 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) David Gonzalves, Community Development Assistant Director, 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 Docusign Envelope ID: 2BBEEE2D-B2D1-41E6-9ACB-AAD18708588C
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and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services. City may unilaterally change its representative upon notice to the Consultant.
(D) Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.
9. Acceptance of Work Not a Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Consultant from professional responsibility for the work performed.
10. Indemnification and Hold Harmless.
Consultant shall defend, indemnify, and hold harmless the City and its officers, officials, employees, volunteers, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with the negligence performance of Consultant or its subcontractors or agents, or Consultant’s failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.
Notwithstanding the foregoing, to the extent Consultant’s or its subconsultants' services are subject to Civil Code Section 2782.8, the above defense and indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant or its subconsultant.
11. Insurance. Consultant shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.
12. Access to Records. Consultant shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Consultant’s usual and customary business hours.
Consultant shall provide proper facilities to City’s representative(s) for such access and inspection.
13. Non-Assignability. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City.
14. Changes to Scope of Work. City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be completed under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Consultant as to the extent of said impacts to time and Docusign Envelope ID: 2BBEEE2D-B2D1-41E6-9ACB-AAD18708588C
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compensation, an amendment to this Agreement shall be prepared describing such changes.
Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.
15. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City’s behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify the Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Consultant.
16. Termination.
(A) City shall have the authority to terminate this Agreement, upon ten days written notice to Consultant, as follows:
(1) If in the City’s opinion the conduct of the Consultant is such that the interest of the City may be impaired or prejudiced, or
(2) For any reason whatsoever.
(B) Upon termination, Consultant shall be entitled to payment of such amount as fairly compensates Consultant for all work satisfactorily performed up to the date of termination based upon the Consultant’s rates shown in Exhibit B and/or Section 3 of this Agreement, except that:
(1) In the event of termination by the City for Consultant’s default, City shall deduct from the amount due Consultant the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Consultant are made to compensate City for its actual additional costs incurred in securing satisfactory performance of the terms of this Agreement, including but not limited to, costs of engaging another consultant(s) for such purposes. In the event that such additional expenses shall exceed amounts otherwise due and payable to Consultant hereunder, Consultant shall pay City the full amount of such expense. (C) In the event that this Agreement is terminated by City for any reason, Consultant shall:
(1) Upon receipt of written notice of such termination promptly cease all services on this project, unless otherwise directed by City; and Docusign Envelope ID: 2BBEEE2D-B2D1-41E6-9ACB-AAD18708588C
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(2) Deliver to City all documents, data, reports, summaries, correspondence, photographs, computer software output, video and audio tapes, and any other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such material is to be delivered to City in completed form; however, notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such material.
(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.
(E) The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.
17. Compliance with Laws, Rules, and Regulations. Services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.
18. Exhibits Incorporated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities of the parties.
19. Independent Contractor. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or servant of the City.
20. Integration and Entire Agreement. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.
21. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.
Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.
22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
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23. Notices.
(A) Written notices to the City hereunder shall, until further notice by City, be addressed to:
Community Development Assistant Director
City of Salinas
65 W. Alisal Street
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:
Patrick Johnson
Director of Building & Safety
650 East Hospitality Lane, Suite 400
San Bernardino, CA 92408
[email protected] (909) 963-0565
(C) The execution of any such notices by the Assistant Director 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 Docusign Envelope ID: 2BBEEE2D-B2D1-41E6-9ACB-AAD18708588C
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of any applicable local, state or federal law. Consultant further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Consultant as the result of Consultant’s performance of the work or services pursuant to the terms of this Agreement.
26. Headings. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.
27. Attorneys’ Fees. In case suit shall be brought to interpret or to enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys’ fees in addition to such costs as may be allowed by the Court. City’s attorneys’ fees, if awarded, shall be calculated at the market rate.
28. Non-Exclusive Agreement. This Agreement is non-exclusive and both City and Consultant expressly reserves the right to contract with other entities for the same or similar services.
29. Rights and Obligations Under Agreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.
30. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its representatives, agents or subcontractors by federal, state or local law, Consultant warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.
31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
32. Legal Representation. Each party affirms that it has been represented, if it so chose, by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this 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
____________________________
Rene Mendez
City Manager
APPROVED AS TO FORM:
_________________________
□ Christopher A. Callihan, City Attorney, or
□ Rhonda Combs, Assistant City Attorney
CONSULTANT
___________________________________
By: Patrick Johnson, PE, CBO
Its: Director of Building and Safety
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Exhibit A- Insurance Requirements
Insurance Requirements
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees, or subcontractors. With respect to General Liability and Professional Liability, coverage should be maintained for a minimum of five (5) years after Agreement completion.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
(A)Commercial General Liability (“CGL”): Insurance Services Office Form (“ISO”) CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (B) Automobile Liability: ISO Form CA 0001 covering any auto, or if Consultant has no owned autos, hired and non-owned, with limits no less than $1,000,000 per accident for bodily injury and property damage.
(C)Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
(D)Professional Liability (also known as Errors and Omissions) insurance appropriate to the work being performed, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate per policy period of one year.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
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Primary Coverage
For any claims related to this Agreement or the project described within this Agreement, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO Form CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Consultant, its employees, agents, and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared by Consultant to and approved by the City. At the option of the City, Consultant shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the consultant shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim administrations, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of this Agreement or the beginning of Agreement work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
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Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all sub-consultants and/or subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from such sub-consultants and/or subcontractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Maintenance of Insurance
Maintenance of insurance by Consultant as specified shall in no way be interpreted as relieving Consultant of its indemnification obligations or any responsibility whatsoever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary.
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ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1.YOU SEND US A WRITTEN
REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR
ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2.WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT.
ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRIT TEN REQUEST FROM YOU TO US.
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ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1.YOU SEND US A WRITTEN
REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR
ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2.WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT.
ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRIT TEN REQUEST FROM YOU TO US.
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Fee Structure
Willdan will provide plan review services for 55% percent of fee, hourly, or a combination of both as determined by the City. Percent of fee plan review will be charged through three reviews. Subsequent reviews will be charged based on our hourly rate schedule.
Expedited plan review will be billed at 1.35x of our rate. Overtime inspections will be charged a 1.5 factor, and mileage for inspections will be billed at the current IRS Standard Mileage Rate. All rates and costs shall be effective through the term of the agreement.
Rates
Rates will not increase through June 30, 2025. If the Agreement is extended beyond June 30, 2025, Willdan may reserve the right to increase rates once per year to the value between the 12-month % change of the Consumer Price Index for Monterey County area and five percent. Overtime inspections will be charged a 1.5 factor. Mileage for inspections will be billed at the current IRS Standard Mileage Rate, unless provided with a city vehicle to perform city inspections.
Role Hourly Rate
Deputy Building Official $155
Engineering Plans Examiner $140
Plans Examiner $135
Senior Building Inspector $125-$130
Building Inspector II $110-$125
Building Inspector I $100-$110
Senior Permit Technician $95
Permit Technician $90
Administrative Technician (remote only) $75
CASp Plans Examiner/Building Inspector $135/hour
Willdan Engineering
June 2024
Exhibit B
Docusign Envelope ID: 2BBEEE2D-B2D1-41E6-9ACB-AAD18708588C Form: Professional Services Agreement v. November 2023 Page 1 of 40 TRB and Associates, Inc.
June 2024
AGREEMENT
FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF SALINAS AND TRB AND
ASSOCIATES, INC.
DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17
Form: Professional Services Agreement v. November 2023 Page 2 of 40 TRB and Associates, Inc.
June 2024
Contents
RECITALS ..................................................................................................................................... 4 TERMS ........................................................................................................................................... 4
1. Scope of Service. ................................................................................................................. 4
2. Term; Completion Schedule. ............................................................................................... 4
3. Compensation. ..................................................................................................................... 4
4. Billing. ................................................................................................................................. 4
5. Meet & Confer. .................................................................................................................... 5
6. Additional Copies................................................................................................................. 5
7. Responsibility of Consultant................................................................................................ 5
8. Responsibility of City. ......................................................................................................... 5
9. Acceptance of Work Not a Release. .................................................................................... 6
10. Indemnification and Hold Harmless. ................................................................................... 6
11. Insurance.............................................................................................................................. 6
12. Access to Records................................................................................................................ 6
13. Non-Assignability................................................................................................................ 6
14. Changes to Scope of Work. ................................................................................................. 6
15. Ownership of Documents. ................................................................................................... 7
16. Termination.......................................................................................................................... 7
17. Compliance with Laws, Rules, and Regulations. ................................................................ 8
18. Exhibits Incorporated........................................................................................................... 8
19. Independent Contractor........................................................................................................ 8
20. Integration and Entire Agreement........................................................................................ 8
21. Jurisdiction and Venue......................................................................................................... 8
22. Severability .......................................................................................................................... 8
23. Notices. ................................................................................................................................ 9
24. Nondiscrimination................................................................................................................ 9
25. Conflict of Interest. .............................................................................................................. 9
26. Headings. ........................................................................................................................... 10
27. Attorneys’ Fees.................................................................................................................. 10
28. Non-Exclusive Agreement................................................................................................. 10
29. Rights and Obligations Under Agreement......................................................................... 10
30. Licenses.............................................................................................................................. 10
31. Counterparts....................................................................................................................... 10 DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 Form: Professional Services Agreement v. November 2023 Page 3 of 40 TRB and Associates, Inc.
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32. Legal Representation. ........................................................................................................ 10
33. Joint Representation. .......................................................................................................... 10
34. Warranty of Authority........................................................................................................ 11
35. No Waiver of Rights. ......................................................................................................... 11 Exhibit A- Insurance Requirements .............................................................................................. 12 Exhibit B- Scope of Service.......................................................................................................... 34 DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17
Form: Professional Services Agreement v. November 2023 Page 4 of 40 TRB and Associates, Inc.
June 2024
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND TRB AND ASSOCIATES, INC.
This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 11th day of June 2024, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and TRB and Associates, Inc. a California corporation (hereinafter “Consultant”).
RECITALS
WHEREAS, Consultant represents that he, she, or it is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, City and Consultant agree as follows:
TERMS
1. Scope of Service. The project contemplated and the scope of Consultant’s services are described in Exhibit B, attached hereto and incorporated herein by reference.
2. Term; Completion Schedule. This Agreement shall commence on June 12, 2024, and shall terminate on June 30, 2026, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties, and may be terminated only pursuant to the terms of this Agreement.
3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation as set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed $600,000.
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 & 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) David Gonzalves, Community Development Assistant Director, 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 DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17
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and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services. City may unilaterally change its representative upon notice to the Consultant.
(D) Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.
9. Acceptance of Work Not a Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Consultant from professional responsibility for the work performed.
10. Indemnification and Hold Harmless.
Consultant shall defend, indemnify, and hold harmless the City and its officers, officials, employees, volunteers, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder, including the performance of work of any of Consultant’s subcontractors or agents, or Consultant’s failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.
11. Insurance. Consultant shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.
12. Access to Records. Consultant shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Consultant’s usual and customary business hours.
Consultant shall provide proper facilities to City’s representative(s) for such access and inspection.
13. Non-Assignability. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City.
14. Changes to Scope of Work. City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be completed under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes.
Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.
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15. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City’s behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify the Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Consultant.
16. Termination.
(A) City shall have the authority to terminate this Agreement, upon ten days written notice to Consultant, as follows:
(1) If in the City’s opinion the conduct of the Consultant is such that the interest of the City may be 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:
(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, DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17
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notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such material.
(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.
(E) The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.
17. Compliance with Laws, Rules, and Regulations. Services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.
18. Exhibits Incorporated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities of the parties.
19. Independent Contractor. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or servant of the City.
20. Integration and Entire Agreement. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.
21. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.
Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.
22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
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23. Notices.
(A) Written notices to the City hereunder shall, until further notice by City, be addressed to:
Community Development Assistant Director
City of Salinas
65 W. Alisal Street
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:
Todd Bailey
Principal & Founder
1265 El Camino Real, Suite 209
Santa Clara, CA 95050
[email protected] (925) 876-4596
(C) The execution of any such notices by the Assistant Director 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 DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17
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of any applicable local, state or federal law. Consultant further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Consultant as the result of Consultant’s performance of the work or services pursuant to the terms of this Agreement.
26. Headings. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.
27. Attorneys’ Fees. In case suit shall be brought to interpret or to enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys’ fees in addition to such costs as may be allowed by the Court. City’s attorneys’ fees, if awarded, shall be calculated at the market rate.
28. Non-Exclusive Agreement. This Agreement is non-exclusive and both City and Consultant expressly reserves the right to contract with other entities for the same or similar services.
29. Rights and Obligations Under Agreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.
30. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its representatives, agents or subcontractors by federal, state or local law, Consultant warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.
31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
32. Legal Representation. Each party affirms that it has been represented, if it so chose, by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this 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.
DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 X
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Exhibit A- Insurance Requirements
Insurance Requirements
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees, or subcontractors. With respect to General Liability and Professional Liability, coverage should be maintained for a minimum of five (5) years after Agreement completion.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
(A)Commercial General Liability (“CGL”): Insurance Services Office Form (“ISO”) CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (B) Automobile Liability: ISO Form CA 0001 covering any auto, or if Consultant has no owned autos, hired and non-owned, with limits no less than $1,000,000 per accident for bodily injury and property damage.
(C)Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
(D)Professional Liability (also known as Errors and Omissions) insurance appropriate to the work being performed, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate per policy period of one year.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
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Primary Coverage
For any claims related to this Agreement or the project described within this Agreement, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO Form CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Consultant, its employees, agents, and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared by Consultant to and approved by the City. At the option of the City, Consultant shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the consultant shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim administrations, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of this Agreement or the beginning of Agreement work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
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Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all sub-consultants and/or subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from such sub-consultants and/or subcontractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Maintenance of Insurance
Maintenance of insurance by Consultant as specified shall in no way be interpreted as relieving Consultant of its indemnification obligations or any responsibility whatsoever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary.
DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 05/21/2024
The Liberty Company Insurance Brokers
Lic #0D79653
5955 De Soto Ave, Ste 250
Woodland Hills CA 91367
David Saechao
(888) 918-3960
[email protected]
TRB AND ASSOCIATES
3180 CROW CANYON PL #216
SAN RAMON CA 94583
Continental Casualty Company 20443
National Fire Ins Co of Hartford 20478
Transportation Insurance Co 20494
Employers Preferred Ins. Co. 10346
U. S. Specialty Insurance Co. 29599
CL23102782067
A 2097186534 11/10/2023 11/10/2024
2,000,000
1,000,000
10,000
2,000,000
4,000,000
4,000,000
B 7013446068 11/10/2023 11/10/2024
1,000,000
C
0 7036238862 11/10/2023 11/10/2024
2,000,000
2,000,000
D EIG463819503 11/10/2023 11/10/2024 1,000,000
1,000,000
1,000,000
E Professional Liability (E&O) USS2334220 11/10/2023 11/10/2024 each claim 2,000,000
aggregate 2,000,000
retention 25,000
Whereby required by written contract or agreement, Certificate Holder is included as an Additional Insured under the Commercial General Liability on a Primary/Non-Contributory basis. Waiver of Subrogation in favor of the Additional Insured applies to the General Liability.
City of Salinas
65 West Alisal Street
Salinas CA 93901
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS
NON-OWNED
OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH- STATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY)
POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 Policy # 2097186534 DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 Policy # 2097186534 DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 2018 Liberty Mutual Insurance
AC 85 43 06 18 Includes copyrighted material of Insurance Services Office, Inc., with Pitsagpeerm1isosfio7n.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CALIFORNIA BUSINESS AUTO COVERAGE
ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.
If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state.
COVERAGE INDEX
SUBJECT PROVISION NUMBER
ACCIDENTAL AIRBAG DEPLOYMENT 12
ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3
AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 20 AMENDED FELLOW EMPLOYEE EXCLUSION 5
AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 14 BODILY INJURY REDEFINED 24
EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 2 EXTRA EXPENSE - BROADENED COVERAGE 10
GLASS REPAIR - WAIVER OF DEDUCTIBLE 16
HIRED AUTO COVERAGE TERRITORY 22
HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 6 LOAN / LEASE GAP (Coverage Not Available In New York) 15 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 1
PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 17 PERSONAL EFFECTS COVERAGE 11
PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM 13 PRIMARY AND NON-CONTRIBUTORY - WRITTEN CONTRACT OR WRITTEN AGREEMENT 23 RENTAL REIMBURSEMENT 9
SUPPLEMENTARY PAYMENTS 4
TOWING AND LABOR 7
TWO OR MORE DEDUCTIBLES 18
UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 19
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION II - LIABILITY COVERAGE is amended as follows:
21 1. NEWLY FORMED OR ACQUIRED SUBSIDIARIES
SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation.
However, "insured" does not include any organization that:
(1) Is a partnership or joint venture; or
(2) Is an "insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or
(3) Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy.
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Policy 7013446068 COMMERCIAL AUTO
AC 85 43 06 18
DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 2018 Liberty Mutual Insurance
Includes copyrighted material of Insurance Services Office, Inc., with Pitsagpeerm2isosfio7 Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization.
2. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee’s" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee".
3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
g. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured".
However, such person or organization is an "insured":
(1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and
(3) Only for the duration of that contract, agreement or permit.
The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 24, this policy is excess over any other collectible insurance.
4. SUPPLEMENTARY PAYMENTS
SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments , Paragraphs (2) and (4) are replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.
5. AMENDED FELLOW EMPLOYEE EXCLUSION
In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added:
SECTION II - LIABILITY , Exclusion B.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss".
This coverage is excess over any other collectible insurance.
SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows:
6. HIRED AUTO PHYSICAL DAMAGE
Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following:
If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos":
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Policy 7013446068
AC 85 43 06 18 n.
DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 agpeerm3isosfio7
a. You hire, rent or borrow; or
b. Your "employee" hires or rents under a written contract or agreement in that "employee’s" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible:
a. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of:
(1) $50,000; or
(2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible.
b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage.
c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss.
e. This coverage extension does not apply to:
(1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee’s" household.
Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss".
7. TOWING AND LABOR
SECTION III - PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing , is amended by the addition of the following:
We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled:
a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less.
c. For "medium trucks", we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds.
However, the labor must be performed at the place of disablement.
8. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500.
9. RENTAL REIMBURSEMENT
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage , is amended by adding the following:
a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lesser vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days.
c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance.
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Policy 7013446068
AC 85 43 06 18 n.
2018 Liberty Mutual Insurance
Includes copyrighted material of Insurance Services Office, Inc., with Pits DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 agpeerm4isosfio7
d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill.
e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension .
f. No deductible applies to this coverage.
g. The insurance provided under this extension is excess over any other collectible insurance.
If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased.
For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11.B.
10. EXTRA EXPENSE - BROADENED COVERAGE
Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage , we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000.
11. PERSONAL EFFECTS COVERAGE
A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage , is amended by adding the following:
If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto."
The insurance provided under this provision is excess over any other collectible insurance.
B. SECTION V - DEFINITIONS is amended by adding the following:
For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securities.
12. ACCIDENTAL AIRBAG DEPLOYMENT
SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following:
If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag.
Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer’s warranty. However, we agree to pay any deductible applicable to the other coverage or warranty.
13. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following:
Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle.
14. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions , Paragraph a. of the exception to exclusions 4.c. and 4.d. is deleted and replaced with the following:
Exclusions 4.c. and 4.d. do not apply to:
a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is:
(1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (2) Designed to be solely operated by use from the power from the "auto’s" electrical system; and (3) Physical damage coverages are provided for the covered "auto".
If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible.
41 of 86 280 001843 57021999
Policy 7013446068 2018
Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with Pits
DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 agpeerm5isosfio7
15. LOAN / LEASE GAP COVERAGE (Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following:
The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the:
1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of:
a. Overdue payments and financial penalties associated with those payments as of the date of the "loss";
b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear;
c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a "Balloon Loan";
f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto";
g. Security deposits not refunded by a lessor;
h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto";
i. Any amount representing taxes;
j. Loan or lease termination fees; or
2. The actual cash value of the damage or stolen property as of the time of the "loss".
An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas.
B. Additional Conditions
This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss".
C. SECTION V - DEFINITIONS is changed by adding the following:
As used in this endorsement provision, the following definitions apply:
"Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value.
A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment.
16. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:
No deductible applies to glass damage if the glass is repaired rather than replaced.
17. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:
The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is:
a. In the charge of an "insured";
b. Legally parked; and
c. Unoccupied.
42 of 86
Policy 7013446068
AC 85 43 06 18 n.
2018 Liberty Mutual Insurance
Includes copyrighted material of Insurance Services Office, Inc., with Pits DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 2018 Liberty Mutual Insurance
Includes copyrighted material of Insurance Services Office, Inc., with Pitsagpeerm6isosfio7 The "loss" must be reported to the police authorities within 24 hours of known damage.
The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations.
This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business.
18. TWO OR MORE DEDUCTIBLES
Under SECTION III - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible :
a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or
b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived.
For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group.
SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows:
19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION IV- BUSINESS AUTO CONDITIONS , Paragraph B.2. is amended by adding the following:
If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced.
However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure.
20. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.2.a. is replaced in its entirety by the following:
a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) Member, if you are a limited liability company;
(4) An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation.
To the extent possible, notice to us should include:
(a) How, when and where the "accident" or "loss" took place; (b) The "insured’s" name and address; and
(c) The names and addresses of any injured persons and witnesses.
21. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following:
If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also.
22. HIRED AUTO COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph B.7. Policy Period, Coverage Territory , is amended by the addition of the following:
f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured’s" responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to.
43 of 86 280 001843 57021999
Policy 7013446068
AC 85 43 06 18 n.
DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 2018 Liberty Mutual Insurance
Includes copyrighted material of Insurance Services Office, Inc., with Pitsagpeerm7isosfio7 This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver.
23. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other Insurance and supersedes any provision to the contrary:
This Coverage Form’s Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that:
1. Such "insured" is a Named Insured under such other insurance; and
2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured".
SECTION V - DEFINITIONS is amended as follows:
24. BODILY INJURY REDEFINED
Under SECTION V - DEFINITIONS , Definition C. is replaced by the following:
"Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. 44 of 86
Policy 7013446068
AC 85 43 06 18 n.
DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.
Schedule
Person or Organization Job Description
With respect to all employees subject to the
workers' compensation laws of the state of
California, any person or organization for whom
the Named Insured has agreed by written
contract to furnish this waiver.
This policy is subject to a minimum charge of $250 for the issuance of waivers of subrogation This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Issued to
Premium
TRB AND ASSOCIATES
Carrier Code 00920
Endorsement No.
Countersigned at on By:
WC 04 03 06
Authorized Representative
(Ed. 4-84) © 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE WC 04 03 06 Policy EIG463819503 (Ed. 4-84)
This endorsement, effective 11/10/2023 at 12:01 AM standard time, forms a part of Policy No. EIG 4638195 023 Of the EMPLOYERS PREFERRED INS. CO.
DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 Corporate Office Silicon Valley Office Sacramento Office Southern California Office 3180 Crow Canyon Place, Suite 216 1265 El Camino Real, Suite 209 1900 Point West Way, Suite 261 4182 N Viking Way, Suite 213 San Ramon, CA 94583 Santa Clara, CA 95050 Sacramento, CA 95815 Long Beach, CA 90808 Tel: 925.866.2633 Tel: 408.642.1068 Tel: 916.384.0900 Tel: 562.566.4144 www.TRBplus.com
May 23, 2024
Mr. David Gonzalves
Community Development Department
City of Salinas
Via email: [email protected]
SUBJECT: Preliminary Cost Estimate to Provide Plan Review, Inspection, and Administration Services - New Logistics Facility [REV 2]
Dear Mr. Gonzalves:
TRB and Associates, Inc. (TRB) is pleased to submit this cost estimate proposal to provide plan review, inspection, and administration services support to the City of Salinas on a proposed new logistics facility project. For this project, TRB has assembled a capable team experienced in construction code compliance technical evaluation and consulting. We are available to discuss this proposal in more detail at your convenience.
We would like to confirm that the scope and fee estimate associated with this proposal is based upon general information received via recent discussions.
KEY PERSONNEL
TRB has a team with strong qualifications and attentiveness to quality and schedule. Of note, all of our proposed key team members proposed have provided plan review and inspection services on projects of similar scope and size. Assigning staff with this familiarity and significant relevant experience and knowledge will ensure that project deliverables will be completed in a timeframe suitable to the City. Please note that an accounting of and resumes for our proposed key individuals are available upon request.
SCOPE OF WORK
Project Understanding
TRB understands that the City is seeking support from a qualified firm to perform a construction code compliance plan review, inspection, and administration of this project. Table 1 below reflects elements and areas of the project understood to be considered in this scope of work. We also understand that construction is expected to start in the Fall 2024 timeframe and be completed in the June 2026 timeframe (approximate 18-month duration).
Exhibit B
DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 May 23, 2024
City of Salinas
Proposal to Provide Plan Review, Inspection, and Administration Services – New Logistics Facility [REV 2]