Soledad City Council
August 6, 2025

5.04.200 Schedule of rates—Gross receipts basis generally.

A. Unspecified Businesses. Every person transacting or carrying on any business other than those businesses enumerated below in this section shall pay an annual license tax based upon the gross receipts resulting from the operation of the business in accordance with the following scale. If the annual gross receipts are:

At Least But Less Than The License Tax is
$ 1.00 $ 45,000.00 $ 40.00
45,000.00 65,000.00 55.00
65,000.00 85,000.00 75.00
85,000.00 105,000.00 95.00
105,000.00 125,000.00 115.00
125,000.00 150,000.00 137.50
150,000.00 175,000.00 162.50
175,000.00 200,000.00 187.50
200,000.00 230,000.00 215.00
230,000.00 260,000.00 245.00
260,000.00 300,000.00 280.00
300,000.00 350,000.00 325.00
350,000.00 400,000.00 375.00
400,000.00 450,000.00 425.00
450,000.00 500,000.00 475.00
500,000.00 550,000.00 525.00
550,000.00 600,000.00 575.00
600,000.00 700,000.00 650.00
700,000.00 800,000.00 750.00
800,000.00 900,000.00 850.00
900,000.00 1,000,000.00 950.00
1,000,000.00 1,000.00
B. Specified Businesses. Every person transacting or carrying on any of the following businesses or occupations:

Abstractor
Accountant
Architect
Advertising agent
Appraiser
Assayer
Attorney
Auditor
Bacteriologist
Baths, public and steam
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Brokers
Business school
Chemists
Chiropodists
Chiropractor
Civil engineer
Cleaning buildings, windows
Collection agent
Credit bureau
Crematorium
Dancing school
Dancing teacher
Designer
Dental laboratory
Dental technician
Dentist
Dermatologist
Detective
Doctor
Employment agent
Electrical engineer
Engineer
Finance company
Funeral director
Geologist
Gunsmith
Grinder
Income tax expert
Insurance adjuster
Interior decorator
Interpreter
Janitor
Laboratory technician
Landscape architect
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Lapidary
Livery stable
Locksmith
Masseur
Mechanical engineer
Medical laboratory
Messenger service
Mineral bath
Music school
Music teacher
Naturopathist
Oculist
Optician
Optometrist
Osteopath
Orthopedist
Parking lot
Pathologist
Patrol service
Physician
Physiotherapist
Piano tuner
Plunge
Posture correction
Public stenographer
Radiographer
Sign painter
Storage warehouse
Structural engineer
Surgeon
Surveyor
Taxidermist
Title insurance
Turkish baths
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Urologist
Veterinarian
Watch repairing
Weighing machine
X-Ray technician
shall pay a license tax annually based upon gross receipts resulting from operations of such businesses, occupations or professions in accordance with the following scale. If annual receipts are:

At Least But Less Than The License Tax is
$ 1.00 $ 20,000.00 $ 40.00
20,000.00 30,000.00 62.50
30,000.00 40,000.00 87.50
40,000.00 50,000.00 112.50
50,000.00 70,000.00 150.00
70,000.00 90,000.00 200.00
90,000.00 110,000.00 250.00
110,000.00 140,000.00 312.50
140,000.00 170,000.00 387.50
170,000.00 200,000.00 462.50
200,000.00 300,000.00 625.00
300,000.00 400,000.00 875.00
400,000.00 or over 1,000.00
C. Retail Business Generally. Any person who transacts one or more of the businesses, occupations or professions enumerated in subsection A of this section, at one location, is required to obtain only one license and shall pay the license tax specified in this section, based upon the aggregate of his gross receipts realized from the operation of all such businesses, professions or occupations.

D. Retail Business Generally. Every person transacting or carrying on a retail business, unless otherwise specifically enumerated in this chapter, shall pay a annual license tax based upon the gross receipts resulting from the operation of the business, in accordance with the following scale. If annual receipts are:

At Least But Less Than The License Tax is
$ 1.00 $ 45,000.00 $ 40.00
45,000.00 65,000.00 55.00
65,000.00 85,000.00 75.00
85,000.00 105,000.00 95.00
105,000.00 125,000.00 115.00
125,000.00 150,000.00 137.50
150,000.00 175,000.00 162.50
175,000.00 200,000.00 187.50
200,000.00 230,000.00 215.00
230,000.00 260,000.00 245.00
260,000.00 300,000.00 280.00
300,000.00 350,000.00 325.00
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350,000.00 400,000.00 375.00
400,000.00 450,000.00 425.00
450,000.00 500,000.00 475.00
500,000.00 550,000.00 525.00
550,000.00 600,000.00 575.00
600,000.00 700,000.00 650.00
700,000.00 800,000.00 750.00
800,000.00 900,000.00 850.00
900,000.00 1,000,000.00 950.00
1,000,000.00 or over 1,000.00
E. Wholesale and Jobbing Business. Every person transacting and carrying on a wholesale or jobbing business shall pay an annual license tax, based upon the gross receipts resulting from the operation of the business, in accordance with the following scale. If annual gross receipts are:

At Least But Less Than The License Tax is
$ 1.00 $ 200,000.00 $ 40.00
200,000.00 300,000.00 62.50
300,000.00 400,000.00 87.50
400,000.00 500,000.00 112.50
500,000.00 600,000.00 137.50
600,000.00 800,000.00 175.00
800,000.00 1,000,000.0 225.00
1,000,000.00 or over 250.00
F. Every person transacting or carrying on the business of general engineering or building contractor, plumbing, electrical or roofing contractor or other specialty contractor, shall pay a license tax based upon annual gross receipts resulting from the operation of the business in accordance with the following scale. If annual gross receipts are:

At Least But Less Than The License Tax is
$ 1.00 $100,000.00 $ 40.00
100,000.00 150,000.00 62.50
150,000.00 200,000.00 87.50
200,000.00 250,000.00 112.50
250,000.00 300,000.00 137.50
300,000.00 350,000.00 162.50
350,000.00 400,000.00 187.50
400,000.00 450,000.00 212.50
450,000.00 500,000,00 237.50
500,000.00 600,000.00 275.00
600,000.00 700,000.00 325.00
700,000.00 800,000.00 375.00
800,000.00 900,000.00 425.00
900,000.00 1,000,000.00 475.00
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1,000,000.00 500.00
G. Twenty-dollar Quarterly Tax. Quarterly licenses will be issued for twenty dollars in the case of businesses having gross receipts of not more than twenty-five thousand dollars during any quarter.

H. Additional Business. If any person transacting any business enumerated in this section carries on a retail, wholesale or jobbing business or any other business, he is required to obtain a license and pay the tax specified for the other business, in addition to the license specified in this section.

I. Contractors Working Outside City. The receipts of the contractors enumerated in this section from contracts performed wholly outside of the city shall not be included in their gross receipts for the purpose of computing the license tax. Any such contractor who does not maintain a fixed place of business within the city is required to obtain a license and pay the tax specified in this section, with respect to any contract performed by him within the city.

J. Manufacturing. Every person carrying on the business of manufacturing shall pay an annual license tax, based upon the gross receipts resulting from the operation of the business, in accordance with the following scale. If annual gross receipts are:

At Least But Less Than The License Tax is
$ 1.00 $100,000.00 $ 40.00
100,000.00 200,000.00 50.00
200,000.00 300,000.00 62.50
300,000.00 400,000.00 87.50
400,000.00 500,000.00 112.50
500,000.00 600,000.00 137.50
600,000.00 800,000.00 175.00
800,000.00 1,000,000.00 225.00
1,000.000.00 and over 250.00
K. Manufacturing and Retail Business. If any person carrying on the business of manufacturing shall also engage in a retail business, whether selling products manufactured by him or not, he shall be required to obtain a license and pay the tax specified for the retail business in addition to the license specified in this section; provided, that any person engaged in the business of manufacturing is not required to obtain a license in addition to his manufacturer's license to engage in the wholesale or jobbing business with respect to products manufactured by him.
(Prior code § 12-20)

5.04.210 Schedule of rates—Public utilities.

Every person conducting or carrying on the business of a public utility shall pay an annual license tax based upon annual gross receipts resulting from the operation of such business, in accordance with the following scale. If the annual gross receipts are:

At Least But Less Than The License Tax is
$ 1.00 $ 100,000.00 $ 40.00
100,000.00 200,000.00 65.00
200,000.00 300,000.00 90.00
191
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300,000.00 400,000.00 115.00
400,000.00 500,000.00 140.00
500,000.00 600,000.00 165.00
600,000.00 700,000.00 190.00
700,000.00 800,000.00 215.00
800,000.00 900,000.00 240.00
900,000.00 1,000,000.00 265.00
1,000,000.00 and over 290.00
(Prior code § 12-21)

5.04.220 Schedule of rates—Flat-rate basis.

Every person transacting and carrying on the businesses enumerated in this section shall pay a license tax as follows:

A. Advertising.

1. Every person conducting or carrying on the business of erecting, installing, maintaining or operating outdoor advertising, advertising structures, billboards, signboards or similar devices shall pay a license tax of forty dollars per annum.

2. Every person conducting or carrying on the business of operating, and who operates upon the streets, any vehicle equipped with music or musical device, loudspeaker or other device for attracting attention, shall pay a license tax of five dollars per day or forty dollars per year.

B. Auction Sale, Auctioneer, Auction House, Farmer's Auction Yard.

1. Every person conducting or carrying on the business of auctioneer shall pay a license tax of twenty-five dollars per day, except while operating in a licensed auction house having a fixed place of business as defined in this chapter.

2. Every person conducting or carrying on the business of an auction house other than as provided in subdivision 3 of this subsection, having a fixed place of business, shall pay a license tax of fifty dollars annually.

3. Every person conducting or carrying on the business of a farmer's auction yard for animals or implements of husbandry shall pay an annual license tax of fifty dollars. The license provided in this subsection shall permit only the auctioning of animals and implements of husbandry.

C. Automobile, Truck, Trailer Rentals.

1. Notwithstanding any other provisions to the contrary, every person conducting or carrying on the business of renting automobiles or trucks for a period of two months or less shall pay an annual license tax based on fifteen dollars per truck exceeding a manufacturer's rated capacity of one ton, ten dollars per truck with a manufacturer's rated capacity of one ton or less and ten dollars per automobile.

2. Every person conducting, managing or carrying on the business of renting trailers for the period of two months or less shall pay an annual license tax based on five dollars per trailer.

D. Bankrupt Sales, Etc. Every person conducting or carrying on the business of owning, operating, opening, establishing, managing or having charge of any temporary location or place of business of any kind for the sale of any insolvent, bankrupt, fire-damaged or other similar goods, wares or merchandise 192
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and every itinerant or transient merchant having a temporary place of business but not having any continuous or permanent place of business in the city, who sells or offers for sale any insolvent, bankrupt, fire-damaged or other goods, wares or merchandise, shall pay a license tax of twenty-five dollars per day.

E. Barbershops and Beauty Shops. Every person engaging in the business of conducting, maintaining or carrying on a barber or beauty shop shall pay a license tax of forty dollars per year, plus ten dollars for every chair in excess of three.

F. Billiard and Pool Tables. Every person engaged in the business of conducting any billiard or pool table shall pay an annual license tax of sixteen dollars for each table located at such business establishment.

G. Bowling Alleys. Every person engaged in the business of conducting, maintaining or carrying on any bowling alley shall pay a license tax of ten dollars per year for each alley.

H. Brokers, Agents and Labor Contractors. Every person transacting or carrying on the business of broker or agent or labor contractor, who does not maintain a fixed place of business in the city shall pay an annual license tax of forty dollars per year.

I. Card Tables. Every person operating or maintaining any table, in the city, wherein cards or any legal game of chance is played, shall pay a license tax of forty dollars annually for each table.

J. Christmas Tree, Greens or Card Sales—Fireworks. Every person conducting or carrying on the business of selling Christmas trees, holly, berries, cards, fireworks or other seasonal items shall pay an annual license tax of twenty-five dollars, except where such business is conducted in connection with another regularly established place of business for which a license has been issued, or is conducted by and solely for the benefit of a charitable or nonprofit organization.

K. Circuses and Carnivals. Every person holding, promoting, managing or giving any concert, traveling show or exhibition for commercial purposes, whether in a tent or otherwise, shall pay a license tax of fifty dollars for the first day or any part thereof, and twenty-five dollars per day thereafter; provided, however, that no license shall be required for any exhibition, show or concert actually given and participated in by any local school, patriotic or civic organization.

L. Dances. Every person carrying on the business of conducting public dances at which an admission fee is charged, collected or received, shall pay a license tax of five dollars for each dance with a maximum of twenty-five dollars per quarter.

M. Hospital, Sanitarium, Rest Home, Nursing Home, Asylum. Every person engaged in the business of conducting, carrying on or operating a hospital, sanitarium, rest home, nursing home or asylum shall pay a license tax of twenty-five dollars per year plus one dollar per bed. This subsection shall not apply to nonprofit institutions exempted by the state.

N. Hotels, Roominghouses and Motel Rooms. Every person carrying on the business of conducting, operating or managing a hotel, roominghouse or motel, shall pay a yearly license according to the following scale:
1 to 15 units $ 40.00
16 to 25 units 50.00
26 to 70 units 75.00
Over 70 units 150.00
O. House Trailer and Mobile Home Parks. Every person conducting or carrying on the business of operating a trailer park, mobile home park or other similar business, where the owners of house trailers or mobile homes are allowed to use space within the house trailer park or mobile home park 193
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through a lease, rental or other similar arrangement, shall pay an annual license tax as follows for rental spaces over four:
5 to 19 spaces $ 40.00
20 to 29 spaces 50.00
30 to 39 spaces 60.00
40 to 49 spaces 70.00
50 to 75 spaces 90.00
Over 75 spaces 110.00
P. Junk Dealers or Dealers in Old or Used Articles. Every person conducting or carrying on the business of collecting, buying or selling at either retail or wholesale, or otherwise dealing in junk, rubbish, waste material, refuse, old rags, sacks, bottles, cans, papers, metals, jewelry, precious metals, rubber, bric-abrac, cordage, truck or automobile parts and other like articles, whether the same can be sold or otherwise disposed of for the purpose of being treated, repaired or prepared so as to be used again in some other form, shall pay an annual license tax of forty dollars per year.

Q. Movie Theaters and Concert Halls. Every person carrying on the business of conducting a concert hall, or a theater containing a permanent stage upon which moveable scenery and theatrical appliances are used, where regular theatrical or vaudeville performances are given and to which an admission is charged, collected or received, or conducting a moving picture theater where moving or motion pictures are exhibited and an admission fee is charged, collected or received, shall pay an annual license tax of seventy dollars per year.

R. Pawnbrokers. Every person conducting or carrying on the business of pawnbroker shall pay a license tax of one hundred dollars per year.

S. Peddlers and Itinerant Vendors. Every person carrying on the business of peddling or selling services or goods, not having a regular established place of business in the city, shall pay a license tax of three dollars per day, with a maximum of twelve dollars per month.

T. Coin-operated Vending Machines.

1. Definition. The term "coin-operated vending machine," as used in this subsection, includes both game and other machines operated solely for amusement or convenience (e.g., mechanical games, pinball machines, video games, music or jukeboxes, weighing machines, laundry equipment, car wash equipment, etc.) and machines dispensing tangible personal property (e.g., tobacco, food, drink, confections or other merchandise).

2. Game and Convenience Machines. Section 5.04.060 notwithstanding, every person possessing or maintaining, on premises owned or leased by such person, any coin-operated vending machine operated solely for amusement or convenience shall pay an annual license tax of forty dollars per year per machine.

3. Machines Dispensing Tangible Personal Property. Section 5.04.060 notwithstanding, every person possessing or maintaining, on premises owned or leased by such person, any coin-operated vending machine dispensing tangible personal property shall pay an annual license tax in accordance with the following scale:

Unit Sale Price Annual Tax
1¢ to 5¢, inclusive $ 2.00
5¢ to 10¢, inclusive 4.00
10¢ to 50¢, inclusive 12.00
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Over 50¢ 40.00
The term "unit sale price," as used in this subsection, means the maximum price charged for any single item dispensed from the machine to which it applies. The tax shall apply to each machine on the premises, if there be more than one.

4. Vending Machines—Exclusive Business. Section 5.04.060 and subdivisions 2 and 3 of this subsection notwithstanding, any individual or firm whose business is limited exclusively to renting, leasing or operating coin-operated vending machines, as provided in Section 16002.5 of the Business and Professions Code, shall pay a license tax based on gross receipts in accordance with the provisions of Section 5.04.200(A). Any license to conduct a business issued under this chapter in connection with which the city imposes a license tax upon coin-operated vending machines within the city may be revoked for failure of the licensee to report to the city the receipts from such machines.

U. Taxicabs. Every person conducting or carrying on the business of operating a taxicab company shall pay a license tax in accordance with Section 5.04.100.

V. Transportation and Trucking Service.

1. Every person conducting or carrying on the business of transporting goods, wares, merchandise or other materials for hire and providing for transportation and deliveries of goods or other materials either within the city limits or deliveries of goods or other materials from outside the city limits to places within the city limits, or both, shall pay an annual license tax of seventy dollars.

2. Every person not having a fixed place of business within the city who makes wholesale or retail deliveries of goods or services by motor vehicles within the city or who maintains, installs or repairs goods, wares, merchandise or equipment inside the city, or who provides a service not otherwise covered in this section, shall pay an annual license tax of forty dollars. (Prior code § 12-22)

5.04.240 Exemptions and exclusions.

A. Exemptions. The following are exempted from the payment of a license tax under this chapter:

1. Any charitable institution, organization or association organized and conducted for charitable purposes only. This exemption shall not apply to promoters employed by charitable organizations;

2. Any person conducting, carrying or staging any concert, exhibition, lecture, dance, amusement or entertainment where the receipts, if any, derived therefrom are to be used solely for charitable or benevolent purposes and not for private gain or for the private gain of any person in whole or in part;

3. Any religious, fraternal, educational, military, state, county or municipal organization or association conducting, carrying on or staging any amusement or entertainment concert, exhibition, lecture, dance or athletic event, when the receipts derived are to be wholly for the benefit of the organization and not in the whole or any part for private gain of any person;

4. Any public utility which pays to the city a tax under a franchise or similar agreement;

5. Any honorably discharged or honorably relieved soldier, sailor or marine of the United States who is physically unable to obtain a livelihood by manual labor, and who is a voter of this state, distributing circulars, or hawking, peddling or vending any goods, wares or merchandise owned by him, except spirituous, malt, vinous or other intoxicating liquor.
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B. Exclusions. Except as may be otherwise specifically provided in this chapter, the terms of this chapter do not apply to any of the following persons:

1. Banks, including national banking associations, to the extent that a city may not levy a license tax upon them under the provisions of Article 13, Section 16 of the State Constitution;

2. Insurance companies and associations to the extent that a city may not levy a license tax upon them under the provisions of Article 13, Section 28 of the State Constitution;

3. Any person whom the city is not authorized to license under any law or Constitution of the United States or this state. Specifically excluded from "gross receipts," as that term is used in Section 5.04.200 of this chapter, are receipts from the manufacture, importation or sale of alcoholic beverages exempt from local taxation under the provisions of Article XX, Section 22 of the State Constitution;

4. Commercial travelers may be required by the tax collector to file a verified statement claiming to be excluded by the provisions of this section, which shall set forth all facts upon which the exclusion is claimed.

C. Claims for Exemption. Any person desiring to claim exemption from the payment of a license tax and to have a free license issued to him shall make application therefor upon forms prescribed by the tax collector and shall furnish such information and make such affidavits as may be required. Upon the determination being made that the applicant is entitled to exemption from the payment of license taxes for any reason set forth in this chapter, the tax collector, upon the applicant complying with the provisions of this chapter or any other ordinance of the city which may require a permit for the doing of the particular act proposed to be done, shall issue a free license to such person which shall show upon its face that the license tax is exempt. (Prior code § 12-23)
196
SUBJECT: Resolution No. 6268, a Resolution of the City Council of the City of Soledad Accepting the Soledad Community Center Building Modernization Project: Kitchen Portion as Complete by David Construction & Management, Inc. and Authorizing the Partial Release of Retention in the Amount of $26,372
TO: Honorable Mayor Velazquez and City Council
FROM: Alex Ramos, Assistant Engineer and Don Wilcox, Public Works Director MEETING DATE: August 6, 2025

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 10.

Recommendation
It is recommended that the City Council of the City of Soledad consider and adopt Resolution No. 6268, “Accepting the Soledad Community Center Building Modernization Project: Kitchen Portion as Complete by David Construction & Management, Inc., and Authorizing the Partial Release of Retention in the Amount of $26,372.”
Executive Summary
The kitchen work performed by David Construction & Management, Inc. (DCM) has been completed and inspected. The City has had beneficial use of the Kitchen since February of this year. Staff recommends the acceptance of the Soledad Community Center Building Modernization Project:

Kitchen Portion and the partial release of retention to DCM in the amount of $26,372.

Background
The Soledad Community Center was constructed in 1993, and while various repairs have been made over the years while leased to the YMCA, the facility was in need of a comprehensive overhaul. The kitchen was non-compliant with the County Health Code due to the existing stove hood not having fire suppression, a lack of a grease trap, and porous floor tiles. The kitchen also needed new stoves, heating racks, and an ice machine.

Additionally, several upgrades were needed at the Soledad Community Center, including improvements to the gym and stage lighting, as well as the replacement of the ADA stage lift that has been inoperable for years. Other components also required assessment, as they appeared to be near the end of their useful service life and likely needed replacement. This included the interior and exterior 197
doors (to ensure ADA accessibility throughout the facility), emergency generators (since the Soledad Community Center functions as an EOC), and parking lot upgrades.

On April 9, 2024, the City Council approved a contract for construction services with David Construction & Management, Inc. for the Soledad Community Center Modernization Project (Soledad Community Center Remodel Project) for the total amount of $787,169 for the base bid of the project.

Review & Analysis
During the construction phase of the project, some modifications were made to the agreement to reflect the needs of the project in a total of seven (7) contract change orders (CCOs):

Original Construction Contract Amount - $749,685.13
Construction Contingency - $73,829
CCO#1 - $36,073 (Kitchen Items, Mold Remediation for the Kitchen, and Main Entrance Doors) CCO#2 - $14,228 (Wall Repairs, Kitchen Area Upgrades, and Scope Deductions for Site Work) CCO#3 - $253,957 (Exterior Flatwork Modifications, Stage Area Repairs, and Bid Alt) CCO#4 - $8,967 (Gym Lighting PowPak with Pico Switches) CCO#5 - $66,287 (Rekeying of the door and Install ADAActuators) CCO#6 - $0 (Contract Time Extension)
CCO#7 - $0 (Contract Time Extension)
Const. Contract Amount - $1,129,197.13
The Soledad Community Center Building Modernization Project is substantially complete, with the primary scope of work focused on remodeling the kitchen and bringing the facility up to current building codes. The kitchen upgrades have been completed since February 2025, and the City has had beneficial use of the kitchen and equipment since then.

The remaining outstanding item involves the Title 24 lighting requirements with the dimmable gym lighting.

The contractor completed upgrades to the lighting, but the dimmable function is not working. Although the contractor installed the lighting per plans, the design did not match the as-built conditions. To operate properly, additional electrical work is needed. Staff has been working on obtaining pricing based on the revised design and proposed "fix" to the as-built condition. The contractor provided an estimate of $80,000 to complete the necessary work to enable the dimmable function. Staff is working to finalize a decision on the lights, either by issuing a change order or through a separate bid process.

Public Works Staff have inspected the Soledad Community Center and determined that all work except the gym lighting has been completed, as per the project documents. Pursuant to Public Contract Code Section 9203, at any time after 50 percent of a public work has been completed, if a legislative body finds that satisfactory progress on the project has been made, it may release funds for all actual work completed Therefore, Staff recommends that the City accept the kitchen as complete and that the Council authorize the partial release of a pro-rata share of the contract retention in the amount of $26,372. However, the City will continue to withhold the balance of the retention, $30,029, because the gym lighting project is still pending. The contractor completed the work per plans, but the dimmable function is not working properly. Although Staff has been working to resolve this matter additional time is needed.

Financial Considerations
The total retention amount for the project is $56,401. With the partial release of the retention amount of 198
Resolution No. 6268
$26,372, there will be a remaining balance of $30,029 for the project. This project was funded through the American Rescue Plan Act (ARPA), T-Mobile Grant, and Community Center Capital Outlay. The $26,372 retention payment will be funded by 100-2200-57000 - Community Center Capital Outlay in the FY 25/26 budget.

Alternatives
Adopt the proposed Resolution.

Do not adopt the proposed Resolution.

Planning/CEQA
The proposed project is categorically exempt under Class 1 Existing Facilities, having met the qualifying criteria provided under CEQA Guidelines Section 15301. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Section 15301 provides some, but does not limit project scope to, examples of such projects, including interior or exterior alterations involving interior partitions, plumbing, and electrical conveyances. As detailed above, the proposed Project would be categorized under this description.

Public Notice Requirements
None required.

Attachment(s):
199
RESOLUTION NO. 6268

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD

ACCEPTING THE SOLEDAD COMMUNITY CENTER BUILDING
MODERNIZATION PROJECT: KITCHEN PORTION AS COMPLETE BY DAVID CONSTRUCTION MANAGEMENT, INC. AND AUTHORIZING THE PARTIAL RELEASE OF RETENTION IN THE AMOUNT OF $26,372
WHEREAS, the Soledad Community Center was constructed in 1993, and while repairs have been made over the years while leased to the YMCA, the facility was in need of a comprehensive overhaul; and
WHEREAS, the kitchen was non-compliant with the County Health Code due to the existing stove hood lacking fire suppression, the absence of a grease trap, porous floor tiles, and the need for new stoves, heating racks, and an ice machine; and WHEREAS, several other upgrades were needed at the Soledad Community Center, including improvements to the gym and stage lighting, as well as the replacement of the ADA stage lift that has been inoperable for years; and
WHEREAS, on October 19, 2022, the City Council approved an Agreement between the City of Soledad and In Studio Architecture for the design and construction management of the Soledad Community Center Building Modernization Project, including the kitchen remodel design; and
WHEREAS, on April 9, 2024, the City Council approved a contract for construction services with David Construction & Management, Inc. for the Soledad Community Center Building Modernization Project; and
WHEREAS, the Soledad Community Center Building Modernization Project is substantially complete, with the primary scope of work focused on remodeling the kitchen, which has been completed since February 2025, and the City has had beneficial use of the kitchen and equipment since then; and
WHEREAS, the remaining outstanding item involves the Title 24 lighting requirements with the dimmable gym lighting, and the City and contractor have been working diligently together to find a solution that will involve significantly more time and money; and WHEREAS, Pursuant to Public Contract Code Section 9203, at any time after 50 percent of a public work has been completed, if a legislative body finds that satisfactory progress on the project has been made, it may release funds for all actual work completed; and WHEREAS, after inspecting the kitchen at the Soledad Community Center Building Modernization Project, the City has determined that all kitchen work performed by David Construction & Management, Inc is now complete per plans, and therefore, Staff is recommending 200
the release of a pro rata share of the $56,401 contract retention, in the sum of $26,372, leaving a remaining retention balance of $30,029 until the gym lighting has been completed .

NOW THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Soledad, that the Soledad Community Center Building Modernization Project: “Kitchen Portion” is hereby accepted, and the partial release of the contract retention payment in the amount of $26,372 to David Construction & Management, Inc. is hereby authorized.

PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting duly held on the 6
th day of August 2025 by the following vote:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

ANNA M. VELAZQUEZ, Mayor
ATTEST:

MEGAN HUNTER, City Clerk
201
SUBJECT: Resolution No. 6269, a Resolution of the City Council of the City of Soledad Approving a Consulting Services Agreement with Schaaf & Wheeler for the Nestles Road Stormwater Project Design in an Amount not to Exceed $94,115 and Authorizing the City Manager to Execute Said Consulting Services Agreement on Behalf of the City of Soledad TO: Honorable Mayor Velazquez and City Council
FROM: Juan Huerta, Assistant Engineer and Don Wilcox, Public Works Director
MEETING DATE: August 6, 2025

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 11.

Recommendation
It is recommended that the City Council of the City of Soledad consider and adopt Resolution No.6269, “Approving a Consulting Services Agreement with Schaaf & Wheeler for the Nestles Road Stormwater Project Design in an Amount Not to Exceed $94,115 and Authorizing the City Manager to Execute Said Consulting Services Agreement on Behalf of the City of Soledad.” Executive Summary
In 2016, the City of Soledad expanded Nestles Road as part of the early development of the Soledad Marketplace. At the time, stormwater control regulations were relatively new and were not incorporated into the project. As a result, in 2020, the City was found to be out of compliance with state stormwater runoff requirements. In 2021, the City initiated efforts to design appropriate stormwater control measures. However, the discovery of a previously unknown pipeline delayed the project. The City is now moving forward to bring the Nestles Road project into compliance and recently solicited design proposals for the necessary stormwater improvements. Four proposals were received, and after thorough evaluation, Schaaf & Wheeler was identified as the most qualified firm. City staff is recommending that the City Council approve a consulting services agreement with Schaaf & Wheeler for the design of the Nestles Road Stormwater Project, in an amount not to exceed $94,115.

Background
In 2016, the City of Soledad undertook a road widening project called a “half street” on Nestles Road within the existing Nestles Road Right of Way, from behind Foods Co to the end of Nestles Road. The purpose was to provide access and utility connections for a new theater project. The improvements included curbs, gutters, sidewalks, and asphalt pavement, as well as underground utility extensions 202
such as water, sewer, and storm drain connections. The project was completed on schedule, and subsequently, Premiere Cinemas was built. Since then, the Soledad Marketplace has been gradually building out.

During the design of this project, the Central Coast Regional Water Quality Control Board (RWQCB) was developing its Phase II General Permit requirements for stormwater, and it was unclear whether this project would be subject to those new requirements. On June 19, 2018, the RWQCB conducted a partial program evaluation (Program Inspection) of the City’s Stormwater Management Program (Program). The review identified alleged violations, deficiencies, and actions that must be taken to improve the City’s Program. One deficiency listed was a Post-Construction Stormwater Management Program specific to the half-street extension of Nestles Roadway. Although adequate filtration and treatment of the stormwater runoff was provided, the RWQCB determined that the Nestles project was subject to the new requirements for stormwater retention in addition to treatment, as well as a projectspecific maintenance program for the stormwater treatment and retention system, and issued a Notice of Violation (NOV) to the City.

The City originally contracted with design firm Yamabe & Horn Engineering Inc. in 2019 to develop a solution for the deficiency and completed the design for a proposed remedy. This design was then bid out and awarded to the Don Chapin Co. in March 2019. However, during early construction stages, the Don Chapin Co. discovered an unauthorized private storm drain pipeline originating from a private facility on Nestles Road. This pipeline was located near the proposed construction site for the treatment area, making the installation of the planned stormwater treatment measures infeasible. Once the City was informed of this unauthorized pipeline, it contacted the owner and negotiated its removal and abandonment. Currently, the City is working to redesign and build a solution for the original noncompliance problem, having advertised a Request for Qualifications (RFQ) on February 17, 2025, to seek design services from qualified firms.

Review & Analysis
The City has been eager to address the NOV received from the State Water Resources Control Board for Nestles Road. Significant design work has been completed, and Don Chapin Co. was even hired to fix the stormwater issues. Unfortunately, an unauthorized private storm drain line slowed progress. Since then, the City has worked with private property owners to abandon the private storm drain line to allow for an updated design to rebid the construction. To this end, the City issued a Request for Proposals for design services from qualified firms on February 17, 2025. Four applicants responded to the RFQ, and through a process of interviews and internal reviews, the City selected the most qualified firm to lead the project design, Schaaf & Wheeler. The selection of the most qualified firm took longer because the City was interested in exploring alternative stormwater treatments that prioritize urban greening and consider ways to address the termination of Nestles Road near a formerly homeless encampment.

Financial Considerations
Schaaf & Wheeler proposes fees in the amount of $94,115 to complete the design portion of this project. The original Nestles Road Widening project was funded from the adopted Fiscal Year 2016- 2017 Budget. The associated stormwater quality project was to be funded from the adopted Fiscal Year 2018-2019 Budget. For some reason, the Project was not never listed in the Impact Fee Report as an eligible project for the use of Traffic Impact Fee Funds. Thus, staff recommends funding this contract from the Sewer Fund consistent with other stormwater projects. 203
Resolution No. 6269
Exhibit A
Proposal
Alternatives
Adopt the proposed Resolution.

Do not adopt the proposed Resolution.

Planning/CEQA
The proposed project is categorically exempt under Class 1 Existing Facilities, having met the qualifying criteria provided under CEQA Guidelines Section 15301. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. The installation of stormwater treatment on the existing roadway (Nestles Road), as detailed above, would be categorized under this exemption.

Public Notice Requirements
None required.

Attachment(s):
204
RESOLUTION NO. 6269

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD

APPROVING A CONSULTING SERVICES AGREEMENT WITH SCHAAF &

WHEELER FOR THE NESTLES ROAD STORMWATER PROJECT DESIGN IN AN AMOUNT NOT TO EXCEED $94,115 AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAID CONSULTING SERVICES AGREEMENT ON BEHALF OF THE

CITY OF SOLEDAD
WHEREAS, in 2016 the City of Soledad expanded Nestles Road to support the development of the Soledad Marketplace and to provide infrastructure access to the Premiere Cinemas project; and
WHEREAS, during the initial expansion project, stormwater control measures were not included, due to evolving stormwater regulations at the time; and WHEREAS, in 2018, the Central Coast Regional Water Quality Control Board (RWQCB) conducted an inspection and issued a Notice of Violation (NOV) to the City for failing to incorporate post-construction stormwater retention and maintenance measures on the Nestles Road extension;
WHEREAS, the City contracted with Yamabe & Horn in 2019 to design corrective stormwater improvements, and awarded a construction contract to the Don Chapin Company, but construction was halted due to the discovery of an unauthorized private storm drain line conflicting with the proposed improvements; and
WHEREAS, the City worked with the private property owner to abandon the unauthorized pipeline and resumed efforts to resolve the NOV; and
WHEREAS, the City issued a Request for Qualifications on February 17, 2025, seeking qualified firms to provide updated design services for the Nestles Road Stormwater Project; and WHEREAS, after careful evaluation of four submitted proposals, Schaaf & Wheeler was selected as the most qualified firm to prepare the updated design; and WHEREAS, the scope of work to be performed by Schaaf & Wheeler under this agreement will bring the City back into compliance with stormwater regulations and is essential for the long-term success of the Soledad Marketplace and surrounding developments; and WHEREAS, the total contract amount of $94,115 will be funded from the Sewer Fund; and
WHEREAS, this project is Categorically Exempt under Class 1 Existing Facilities, having met the qualifying criteria provided under CEQA Guidelines Section 15301. 205
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Soledad approve a Consulting Services Agreement between the City of Soledad and Schaaf & Wheeler for the design of the Nestles Road Stormwater Project in an amount not to exceed $94,115 and authorize the City Manager to execute said agreement, a copy of which is attached hereto as “Exhibit A” and incorporated herein by this reference, on behalf of the City of Soledad.

PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting duly held on the 6th day of August 2025 by the following vote:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

ANNA M. VELAZQUEZ, Mayor
ATTEST:

MEGAN HUNTER, City Clerk
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CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF SOLEDAD AND

SCHAAF & WHEELER

NESTLES ROAD STORMWATER PROJECT
THIS AGREEMENT for consulting services is made by and between the City of Soledad (“City”) and Schaff & Wheeler (“Consultant”) (together sometimes referred to as the “Parties”) as of August 6, 2025 (the “Effective Date”).

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 31, 2026, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.

1.5 Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the Labor Code applicable to public works, to the extent set forth in Exhibit C.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $ 94,115, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Exhibit A
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Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
 Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
 The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
 At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
 The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
 The Consultant’s signature;
 Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
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2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.

2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed $ 0 . Expenses not listed below are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve 209
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incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City.

Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $2,000,000 per accident. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 210
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4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance 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.
d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $ 2,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
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b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of five years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.

4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy

4.4 All Policies Requirements.

4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any 212
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loss. Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.

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

4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
 Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Consultant shall, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, defend with counsel acceptable to City, indemnify, and hold City, its officers, employees, agents, and volunteers, harmless from and against any and all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, (“Claims”). Consultant will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly (“Liability”). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City.

With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the Indemnitees.

Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. 213
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Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant’s Failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, 214
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Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

Consultant may cancel this Agreement upon 60 days written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a 215
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determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.

Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.

8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall included, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents 216
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evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.

9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

Section 10 MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Monterey or in the United States District Court for the Northern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place 217
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Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant.

Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.9 Contract Administration. This Agreement shall be administered by Donald Wilcox, Public Works Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

10.10 Notices. Any written notice to Consultant shall be sent to:

Schaaf & Wheeler
Andy Sterbenz, PE
3 Quail Run Circle, Ste. 101
Salinas, CA 93907
[email protected]
Any written notice to City shall be sent to:

City of Soledad
Megan Hunter, City Manager
248 Main Street
Soledad, CA 93926
[email protected]

10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled 218
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"Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, & C, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. To the extent there may be a conflict between the consultant proposal terms and the agreement, the City’s agreement language prevails.

Exhibit A Scope of Services
Exhibit B Payment Schedule
Exhibit C Public Works Requirements

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. [SIGNATURES ON FOLLOWING PAGE]
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The Parties have executed this Agreement as of the Effective Date.

CITY OF SOLEDAD CONSULTANT: Schaaf & Wheeler
____________________________ ______________________________ Megan Hunter, City Manager Andy Sterbenz, PE
Attest:
____________________________
Megan Hunter, City Clerk
Approved as to Form:
__ ________________________
Michael Rodriquez, City Attorney
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EXHIBIT A & B

SCOPE OF SERVICES/COMPENSATION SCHEDULE
.
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EXHIBIT C

PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.

HOURS OF WORK:

A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract.

B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one-and-one-half times the basic rate of pay.

C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.

WAGES:

A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.

B. In accordance with Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply Labor Code Section 1775, which establishes a penalty of up to $50 per day for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of 222
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City of Soledad and Schaaf & Wheeler--Exhibit C Page 2 of 3 prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:

1. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.

2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.

3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.

4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.

C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

1. The information contained in the payroll record is true and correct.

2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.

The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the 223
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City of Soledad and Schaaf & Wheeler--Exhibit C Page 3 of 3 Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.

D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.

E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Contractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 224
Schaaf & Wheeler

CONSULTING CIVIL ENGINEERS
1171 Homestead Rd., Ste. 255
Santa Clara, CA 95050
(408) 246-4848
March 14, 2025

QUALIFICATIONS FOR
City of Soledad
Nestles Road Stormwater Project
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Schaaf & Wheeler

CONSULTING CIVIL ENGINEERS
3 Quail Run Circle, Ste. 101
Salinas, CA 93907
(831) 883-4848
March 14, 2025
City of Soledad Public Works Department
Attn: Don Wilcox, PE
Public Works Director/City Engineer
248 Main Street
Soledad, CA 93960
Subject: Qualifications for Nestles Road Stormwater Project Dear Don:

Schaaf & Wheeler is pleased to submit the enclosed qualifications to complete the Nestles Road Stormwater Project for the City of Soledad. Our team is positioned to provide a design that minimizes impacts to the surrounding infrastructure through an approach that is cost effective and meets the City’s goals in satisfying Municipal Stormwater Program (MS4) requirements. Please note that we have attempted to respond to the RFP as it is written, but we believe there are some tasks that are not necessary and others that can be streamlined to lessen the cost of what appears to be a simple design project.

Our firm has worked closely with the City on numerous stormwater projects, from the Bryant Canyon Channel Improvements for Miravale I to the recent analysis of the impact of the proposed Miramonte development on the City’s storm drain system. Our team of engineers is familiar with the challenges of adding green infrastructure to an already built system while still maintaining gravity flow and limiting impacts to the existing storm drain infrastructure. We also anticipate that the soil conditions at this site are not conducive to infiltration-only treatment systems. We will identify a solution that aims to treat the runoff collected on Nestles Road prior to entering the 42-inch pipe that is under the street. This will limit the space required for treatment to just the street-impervious area that is required. We estimate the 42-inch pipe is approximately 5 feet deep, which will allow for bioretention treatment and an underdrain connected to the 42-inch pipe. Treating the entire drainage area tributary to the 42-inch pipe will require pumping and a much larger above-ground system.

Robin J. Lee, PE will be the project manager, bringing more than 20 years of experience providing water resource engineering design services. I will be the principal-in-charge and local point of contact. Schaaf & Wheeler has reviewed the City’s Consulting Services Agreement and is prepared to sign the contract should our proposal be accepted by the City. The enclosed qualifications outline our project approach and team experience. We welcome the opportunity to meet with the City to discuss our qualifications further. If you need additional information or have any questions, please contact Robin at (415) 271-3117 or [email protected].

Sincerely,
Schaaf & Wheeler
Andrew A. Sterbenz, PE
Vice President
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Table of Contents
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Table of Contents
General Firm Information ...........................................................................................................1 About Schaaf & Wheeler ...........................................................................................................1 Project Understanding and Approach ......................................................................................2 Task 1: Project Management ....................................................................................................2 Task 2: Design Development ....................................................................................................3 Task 3: Final Design..................................................................................................................3 Task 4: Permits .........................................................................................................................5 Task 5: Bidding Assistance .......................................................................................................5 Task 6: Engineering Services During Construction (ESDC)......................................................5 Estimated Hours of Services .....................................................................................................7 Firm Project References.............................................................................................................8 Organizational Chart.................................................................................................................11 Schaaf & Wheeler Team .........................................................................................................11 About Our Subconsultant ........................................................................................................12 Project Schedule.......................................................................................................................13 Appendix: Resumes
Addendum Acknowledgement
Fee Estimate (included separately)
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General Firm Information
About Schaaf & Wheeler
Firm Name: Schaaf & Wheeler
Type of Organization: Corporation – Incorporated in California since 1985, in business 40 years
Responsible Corporate
Officers:

Andrew A. Sterbenz, PE, Principal-in-Charge
(831) 883-4848 x 404; [email protected]
Offices: HQ: 4699 Old Ironsides Drive, Ste. 350, Santa Clara, CA 95054 870 Market Street, Ste. 1278, San Francisco, CA 94102
2200 Range Avenue, Ste. 201, Santa Rosa, CA 95403
3 Quail Run Circle, Ste. 101, Salinas, CA 93907
10232 Donner Pass Road, Ste. 4, Truckee, CA 96161
250 Bel Marin Keys Boulevard, Bldg. A, Ste. 205, Novato, CA 94949 Professional
Registrations and
Affiliations:

Certified State of California Small Business Enterprise Certification No. 40527
Schaaf & Wheeler is a civil engineering firm focused in water resources. With 40 years of commitment to solving flood control, stormwater, wastewater, potable water, and recycled water problems, Schaaf & Wheeler is recognized by public and private sector clients for its valueadded engineering. We are certified as a small business enterprise by the State of California and operate from six locations: Santa Clara, San Francisco, Santa Rosa, Salinas, Truckee, and Novato. While work for this project will primarily be conducted out of our local Salinas office, we can draw from resources at all six of our offices when needed. Schaaf & Wheeler has 10 areas of focus within the water resources discipline.
▪ Hydrology and hydraulics analyses, including site evaluations and modeling; ▪ Flood control analyses, including floodplain studies and channel design, filing of letters of map revision, and FEMA coordination;
▪ Watershed assessments, erosion and sediment control, and bioengineered channel stabilization;
▪ Water quality, including design or review of best management practices (BMPs) for stormwater treatment and hydromodification flow control facilities; ▪ Stormwater management and drainage services, including master planning, engineering, and design of urban storm drain systems and pump stations; ▪ Wastewater system master planning, engineering, and design of conveyance systems, including lift stations;
▪ Potable water system master planning, modeling, engineering; and design of supply, storage, collection and distribution systems, including tanks and booster stations; ▪ Recycled water systems planning, engineering, and design, including reclamation feasibility studies and customer retrofits;
▪ Construction management, construction site observation, construction inspection services, value engineering, construction cost analysis, and constructability reviews; and ▪ Project management, including management of subconsultants, containment of schedule and cost, and communication with clients and stakeholders. 228
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Project Understanding and Approach
The City of Soledad is requesting proposals from qualified engineering firms capable of providing professional engineering services for the preparation of Plans, Specifications, & Estimates (PS&E) for the Nestles Road Stormwater Project. The project limits, as shown in the attachments, has an existing road section that currently does not provide the required stormwater treatment measures as prescribed by the RWQCB and the City is seeking proposals for innovative designs that minimize impacts to the surrounding infrastructure, cost-effective approaches, and meet the City’s goals in satisfying MS4 requirements.

We are assuming that this project will need to meet both Tier 1 and Tier 2 requirements which is for a project that disturbs less than 15,000 square feet. The assumption is that a single bioretention basin will meet these requirements. We have streamlined the deliverables to exclude the 60% package.

Task 1: Project Management

1.1 Client Meetings: Schaaf & Wheeler will prepare for and attend periodic meetings to be held virtually or at the City of Soledad’s City Engineering Office located at 248 Main Street, Soledad, CA 93960. The meetings will include a project kickoff meeting, a meeting to review the first draft (30%) design drawings and specifications, a meeting to review the second draft, a meeting to review the third draft (90%) design drawings and specifications, a final meeting to review the completed design drawings and specifications and to prepare for bidding and construction of the project, and other meeting (virtual when feasible) as necessary to complete the design.

Deliverables:
▪ Project Meeting Agendas
▪ Project Meeting Minutes
▪ Overall Project Schedule Updated Monthly

1.2 Project Schedule: Schaaf & Wheeler will prepare and maintain a project schedule in either Gantt chart or Critical Path Method (CPM) format. The schedule shall include the work items defined in the Scope of Work and estimated duration for each phase of construction. The project will include, at a minimum the following milestones:

A. Completion of 30%, 90%, and 100% design documents for each phase of construction.

B. Submission of information prior to review meetings. At least one week shall be allowed in the schedule for review of information by the City prior to any meeting.

C. Review Meetings.

1.3 Coordination with Stakeholders: Schaaf & Wheeler will coordinate the design with the project involved in this project (Soledad Marketplace Project Team) via meetings, phone calls, emails, etc. Stakeholder coordination will consist of working together to install adequate stormwater facilities within the stakeholder’s property or right of way. For this task, we have assumed little coordination as it is believed we can design the stormwater treatment measure within the right of way. Any coordination effort will be minimal and led by the City.

1.4 Internal Quality Assurance/Quality Control (QA/QC): Schaaf & Wheeler will implement a project-specific QA/QC plan designed to provide senior-level review of all work products throughout the project.
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Task 2: Design Development

2.1 Survey: Schaaf & Wheeler’s team will perform boundary, right-of-way (as may be required) and topographic surveys necessary for the successful design and construction of the project.

We do not believe that aerial imagery is necessary.

2.2 Research: Schaaf & Wheeler will perform research of records, including utility companies and other agency record as necessary to secure information required to identify, locate, and accurately lay out all existing improvements and right-of-way within the project limits that may interfere with the proposed improvements. We understand that plans from the adjacent commercial development will be provided. It is believed that there should not be too many utility conflicts.

2.3 Utility Research and Coordination: Schaaf & Wheeler will identify and coordinate with public and private utility owners in the project area. All utilities (public and private) shall be physically located as part of the design development process by either the utility companies or by the use of locate professionals. Physical locates will be required in addition to the use of record drawings and utility maps provided by others. If necessary, Schaaf & Wheeler will submit drawings to utility owners upon completion of 60% design and 100% design. Schaaf & Wheeler will need to ensure that the stormwater infrastructure avoids existing utilities.

Schaaf & Wheeler will coordinate all work and utility services needed for the successful completion and operation of the project with each utility company.

2.4 Utility Potholing: Utility potholing is not thought to be required but is included if needed.

The Schaaf & Wheeler team will identify locations where alignment or depth of an existing utility is in question and may have a significant impact to the cost or schedule of the project if said utility is impacted by construction. The Schaaf & Wheeler team will pothole said utility to determine the exact location and depth and use the information to show the utility accurately in the plan and profile view of the drawings. Schaaf & Wheeler’s pothole subcontractor will be required to obtain the necessary encroachment permits and comply with the requirements of the authorities having jurisdiction for traffic control and restoration.

Task 3: Final Design

3.1 Design Drawings: Schaaf & Wheeler will prepare a complete and coordinated set of drawings meeting all Central Coast Stormwater Regulations and Requirements as applicable to this project. Drawings shall be included for all engineering disciplines with an adequate level of detail to allow for bidding and construction by a General Contractor. A separate set of documents shall be provided for each phase of construction (as needed or recommended by Schaaf & Wheeler).

It is assumed that a simplified irrigation system will suffice or the City can opt to hand water the plants until they are established. Drawings shall not contain extensive notes or written notes to the general contractor, which are more appropriate for the specifications. Standard detail drawings shall exclude items that are not applicable to the current project.

Existing vs. proposed infrastructure/structures shall be defined by line weight instead of labels such as “existing”, “proposed”, or “new”. Schaaf & Wheeler will prepare drawings using AutoCAD for Windows (2015 or newer). Drawings prepared in alternative CAD programs, such as Micro Station, and “converted” to AutoCAD format will not be accepted. City Standard Details 230
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shall be inserted, unless Schaaf & Wheeler recommends a better alternative approved by the City, into the drawings. The City will provide standard details to Schaaf & Wheeler in PDF format. Schaaf & Wheeler will obtain and insert all other applicable project details necessary for successful bidding and construction of the project. Design Drawings must include, but not be limited to drawings for all applicable disciplines.

3.2 Design Specifications: Schaaf & Wheeler will prepare technical specifications in the CSI Spec-Text Format and a list of required shop drawings/submittals. Specifications shall reflect only the scope of work for the project. The City will provide the front-end template for Schaaf & Wheeler to include in the specification book and contract documents.

Specifications shall be prepared using the most current version of Microsoft Word. Text shall be 12 pt Times New Roman font.

3.3 Preparation of bid documents, using the EJCDC standard format and the City’s standard “Front End”: Draft bidding documents are required to be submitted with the 90% Drawings and Specifications.

3.4 Easement Assistance: This task has been excluded as it is not anticipated to be needed. If an easement assistance is required it can be scoped that at that time.

3.5 Construction Cost Estimate: Schaaf & Wheeler will prepare a detailed construction contract cost estimate organized by CSI division/specification section. The final estimate shall be used for evaluation of project costs and subsequent contractor bids. A separate cost estimate shall be provided for each phase of construction, per section IV. Each cost estimate shall be submitted in both hard copy and electronic (spreadsheet) format. Schaaf & Wheeler will prepare technical memoranda documenting the basis for estimates.

3.6 Constructability/Construction Phasing and Bidding Evaluation: Schaaf & Wheeler will develop and evaluate alternatives for bidding phasing of construction, including bidding the project under one bid package with several bid schedules that would allow contractors to bid on multiple schedules or phasing the construction into separate bid packages with separate Contract Documents. The alternatives shall meet the requirements of Section IV with respect to the project schedule.

Deliverables:
▪ Separate Contract Documents (design drawings and specifications) for each phase of construction, per Section IV.
▪ Designs Drawings (Digital PDF files emailed to the City) o 30% Design Plans (we anticipate the initial submittal being 60%) o 90% Design Plans
o 100% Design Plans
▪ Design Specifications (Microsoft Word and PDF files emailed to the City) o 30% Design Specifications (we anticipate the initial submittal being 60%) o 90% Design Specifications
o 100% Design Specifications
▪ Construction Cost Estimates (pdf file)
▪ A copy of all design calculations
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Task 4: Permits

4.1 General Permits: It is thought that this project will not require any permits. If necessary, Schaaf & Wheeler can provide assistance to the City and will scope that effort if deemed necessary. Obtaining approval of the Contract Documents by all regulatory agencies for the project’s construction is also required as part of this Task as applicable.

4.2 All permit conditions and required mitigation measures shall be incorporated into the design drawings and specifications.

Task 5: Bidding Assistance
The bidding phase of the project will begin following incorporation of all comments from the final design review meeting and completion of all permit applications for submission by the City. A separate time and materials proposal for project bidding must include the following services for each phase of construction, per Section IV.

5.1 Preparation of Addenda: Schaaf & Wheeler will respond to contractors' or equipment suppliers' questions and prepare addenda as required to document design changes or clarifications.

5.2 Pre-Bidder’s Conference (Pre-Bid Meeting): Schaaf & Wheeler’s Design Project Manager/Engineer will attend a Pre-Bidder’s Conference for the project at the City office. The Design Project Manager/Engineer shall be thoroughly familiar with the design and shall be prepared to explain the technical aspects of the project and respond to questions from attendees. Schaaf & Wheeler will prepare the meeting agenda and meeting minutes and distribute them to all attendees.

Task 6: Engineering Services During Construction (ESDC) The bidding phase of the project will end with the signing of the construction contract by the successful bidder and the City. This generally will occur after all permits are received and the construction budget has been approved by the City. Schaaf & Wheeler will be part of the construction management team and shall report to the Construction Manager for constructionrelated services as needed:

6.1 Response to Requests for Information (RFI): Schaaf & Wheeler will provide resolution of construction issues related to the design and review and interpretation of the design.

Preparation of supplementary detailed working drawings (meeting the previously specified requirements for AutoCAD drawing preparation), specifications, and written instructions or meetings as necessary throughout the construction period to interpret the contract plans and documents and to resolve changes brought about by actual field conditions encountered.

6.2 Construction Meetings: Schaaf & Wheeler will prepare for and attend monthly construction meetings with the contractor, the City and other applicable parties.

6.3 Record Drawings: Schaaf & Wheeler will prepare and submit electronic record drawings within two months after project completion. Field data, information, sketches and working drawings, to be incorporated with the record drawings, shall be provided by the Resident Observer. Record drawings shall include all above- and below-grade changes from the original design drawings for all engineering disciplines. Changes made to reflect the as-built conditions 232
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Schaaf & Wheeler 6
shall be made in the same level of detail and to the same degree of drafting quality as the original design drawings.

6.4 Schaaf & Wheeler will attend a site meeting at the end of construction and prepare a punch list. Schaaf & Wheeler will attend another meeting to check that all items on the list have been addressed.

6.5 Operation and Maintenance Manuals: Schaaf & Wheeler will prepare as a digital PDF of the operations and maintenance (O&M) manual, containing operating and maintenance information based on the Stormwater infrastructure. The O&M manual shall incorporate the final narrative description of the operation for each of the proposed facilities and a complete description of the appropriate maintenance, including frequency and exhibits. O&M manuals shall be indexed with bookmarks (tabs) for easy navigation. An initial draft of the O&M manual shall be submitted for review at approximately the 50% point of construction completion. The complete O&M manual containing all infrastructure data shall be submitted at the 95% point of construction completion but no later than one month before the scheduled completion date.

6.6 When required by regulation, Schaaf & Wheeler will provide an affidavit to the City for submission to the applicable regulatory agency confirming the construction of the facilities is in accordance with the approved plans and specifications.

Deliverables:
▪ Responses to RFI (Signed by the Consultant/Project Engineer) ▪ Operation and Maintenance Manuals (digital PDF as described above) ▪ Record Drawings (digital PDF files, and support files delivered via Dropbox Link) 233
Estimated Hours of Services
Schaaf & Wheeler 7
Estimated Hours of Services
Principal Project ManagerSenior Project Manager Assistant Engineer Total Hours Task 1 Project Management 13 12 0 25
2 8 10
1 2 3
2 2 4
8 8
Task 2 Design Development 0 4 0 4
2 2
2 2
Task 3 Final Design 10 28 104 142
4 16 80 100
2 4 8 14

3.3 Preparation of Bid Documents 2 4 8 14

3.4 Easement Assistance
2 4 8 14
Task 4 Permits 0 0 0 0
Task 5 Bidding Assistance 2 2 6 10
2 4 6
2 2 4
Task 6 Engineering Services During Construction 0 10 28 38 4 8 12
2 4 6

6.3 Record Drawings 2 4 6

6.4 Site Meetings and Punch List Preparation 8 8
2 4 6
Total 25 56 138 219

6.2 Construction Meetings (2 meetings)

6.5 Operation and Maintenance Manuals

6.6 As-Needed Affidavit for Applicable Regulatory Agency

5.1 Preparation of Addenda

5.2 Pre-Bidder's Conference

6.1 Response to Requests for Information

3.2 Design Specifications

3.5 Construction Cost Estimate

3.6 Constructability/Construction Phasing and Bidding Evaluation

4.1 General Permits

4.2 Incorporate Permit Conditions and Required Mitigation Measures

2.1 Survey

2.2 Research

2.3 Utility Research and Coordination

2.4 Utility Potholing (as needed - per pothole)

3.1 Design Drawings
Estimated Hours of Services
Nestles Road Stormwater Project

1.1 Client Meetings

1.2 Project Schedule

1.3 Coordination With Stakeholders

1.4 Internal QA/QC
234
Firm Project References
Schaaf & Wheeler 8
Firm Project References
Schaaf & Wheeler has completed numerous projects similar in size and scope to the City’s proposed project. Examples of that work are included below, including reference information.

Client and Contact:

Don Wilcox
City of Soledad
248 Main Street
Soledad, CA 93960
(831) 223 5124
dwilcoxcityofsoledad.com
Contract Amount: $46,860
Construction Cost: N/A
Project Duration: 2021 – 2023
Team Members:

PM: Daniel J. Schaaf, PE
Staff: Caitlin J. Tharp, PE;
Andrew A. Sterbenz, PE; Justin
Maynard, PE
Miramonte Storm Drain Impact Study
Schaaf & Wheeler analyzed the impact of the proposed
Miramonte development on the City’s storm drain system.

We used supporting numerical models from our 2015
update of the City’s Storm Drain Master Plan as a basis to assess changes to stormwater run-on within the City’s
system that might result from the identified development area.

The analysis showed that the development can mitigate
for increased flows on-site without impacting the City’s existing system. However, this basin drains to the San
Vicente Road corridor, which already experiences debris flows during large rain events. Off-site improvements are needed to address this existing condition.
235
Firm Project References
Schaaf & Wheeler 9
Client and Contact:

E2 Consulting Engineers, Inc.

Vinod Badani, PE
2100 Powell St., Suite 850
Emeryville, CA 94608
(510) 652-1164
[email protected]
Project Owner:

City of Salinas
Contract Value: $89,510
Construction Cost: $1.7M
Project Duration: Feb 2023 –
Dec 2024
Team Members:

PM: Caitlin J. Tharp, PE
Staff: Garrett R. Chick, EIT
Salinas Trash Capture Project
As a subconsultant to E2 Consulting Engineers, Schaaf & Wheeler was contracted by the City of Salinas to design a full trash capture device (TCD) and diversion vault with a motor-operated slide gate at the Salinas Wastewater
Treatment Facility on Hitchcock Road. The device, funded by a Prop 1 stormwater grant, will treat a 320-acre
watershed.

Constraints of the project involved the selected location for the TCD, which is on City-owned property partially filled with solar panel rows as well as sanitary sewer pipes and utilities. The slope of the system at the device location is negative, which is anticipated to result in standing water in the diversion structure and TCD above the invert of the existing system.

Based on hydraulic modeling performed by Schaaf &
Wheeler and summarized in a basis of design report, the TCD will still operate as designed in this sump condition to remove trash from the 1-year storm event. To mitigate
hydraulic impacts during large storm events, a diversion vault has been designed with a motor-operated slide gate that will open to allow floodwaters to bypass the trash device. During low-flow events, the gate will be closed, diverting water into the treatment device. The design
meets the requirements of the California State Water
Resources Control Board.

The project is currently out to bid.
236
Firm Project References
Schaaf & Wheeler 10
Client Contact:

Valerie Tam,
Assistant Engineer
City of Palo Alto
(650) 329-2397
[email protected]
Contract Value: Various
Project Duration: Various
Team Members:

Robin J Lee, PE
Caitlin J. Tharp, PE, QSD/QSP,
CPSWQ
Stormwater Treatment Facilities Installation
Inspections
The City of Palo Alto requires that all new
development and redevelopment sites have a thirdparty inspection for C.3 compliance during construction prior to building occupancy. Schaaf &
Wheeler has been performing these inspections and
have developed inspection checklists to ensure that
treatment control measures (e.g. bioretention areas,
infiltration planters, etc.) comply with the standards
set in the SCVURPPP manual and the requirements
of the Municipal Regional Permit. Schaaf & Wheeler
is adept at troubleshooting construction site
complications and ensuring issues are identified
early before modifications become costly.

Client Contact:

Nektarios Matheou, PE
Kier & Wright Engineers
(408) 727-6665
[email protected]
Contract Value: Various
Project Duration: Various
Team Members:

Robin J Lee, PE
Caitlin J. Tharp, PE, QSD/QSP,
CPSWQ
Stormwater Control Plan Third Party Review
Schaaf & Wheeler has been performing third-party
reviews as an SCVURPPP approved firm since 2011
and has developed checklists and spreadsheets to
ensure the requirements are met and treatment
measure sizing calculations are correct. Schaaf &
Wheeler works with developers by sending
comments for required updates and necessary
changes to be made so that each stormwater control
plan complies with the standards set in the
SCVURPPP manual and the requirements of the
Municipal Regional Permit prior to submittal to the
municipality. We perform these reviews for both
planning application submittals as well as for building permit applications.

Client Contact:

Phong Kiet
Project Manager, BKF
(408) 467-9173
[email protected]
Contract Value: Various
Project Duration: Various
Team Members:

Robin J Lee, PE
Caitlin J. Tharp, PE, QSD/QSP,
CPSWQ
3rd Party Entitlement, Building Permit and
Inspections of Stormwater Treatment
Devices
Schaaf & Wheeler has been assisting BKF
Engineers to review drainage plans and water quality
control plans for various developments within Santa
Clara County. We have worked with the project
engineers, project owners, and cities to ensure
compliance with the SCVURPPP manual and the
updated 2022 Municipal Regional Permit.
237
Organizational Chart
Schaaf & Wheeler 11
Organizational Chart
Schaaf & Wheeler has assembled a dedicated team of in-house engineers and a survey subconsultant to complete this project, as shown in our organizational chart. Individual experience and roles are outlined below, with full resumes included in the Appendix. Information about our subconsultant team is also included, with required reference information.

Schaaf & Wheeler Team
Robin J. Lee, PE: Project Manager
Robin is a senior project manager at Schaaf & Wheeler with 20 years of experience in stormwater management, flood control, hydrology, and water quality. She has worked on numerous successful storm drainage and flood control projects throughout the Bay Area, including SDMPs for the Cities of Mill Valley and Corte Madera as well as for the County of Santa Cruz. She has also worked closely with the City of South San Francisco, providing on-call services for almost a decade. Robin will be responsible for day-to-day project management and oversight for the entire length of the project. She will hold regular team meetings to make sure issues are resolved effectively and to allocate resources to critical tasks. She will be the main point of contact for the City.

Andrew A. Sterbenz, PE: Principal-in-Charge
Andy is a vice president and owner of Schaaf & Wheeler with more than 30 years of experience in water-related projects. He manages our Monterey County office in Salinas. Andy has led multi-disciplinary teams for water supply, recycled water, wastewater, and drainage projects from planning through construction, including the final design and construction of the Bryant Canyon Channel Improvements. He also managed a $150 million water and sewer capital improvements budget that included numerous sewer improvements for the former Fort Ord. He is managing on-call services contracts for several jurisdictions in Monterey County. Andy will provide technical supervision, peer review, and overall project oversight.

Caitlin J. Tharp, PE, QSD, CPSWQ: Project Engineer
Caitlin is a vice president and owner at Schaaf & Wheeler and brings in-depth understanding of urban drainage systems. Caitlin is certified by the State of California as Qualified Stormwater Pollution Prevention Plan (SWPPP) Developer and Practitioner, is a Certified Professional in Storm Water Quality, and brings in more than 17 years of experience in stormwater systems, Principal-in-Charge
Andrew A. Sterbenz, PE
Project Manager
Robin J. Lee, PE
Project Engineer
Caitlin J. Tharp, PE
Assistant Engineers
Joshua Tabije, EIT
Jasmine Miller, EIT
Aldo Jarvio, EIT
Survey
Whitson Engineers
238
Schaaf & Wheeler 12
hydrology and hydraulics, open channel design, bridge scour analysis, pump stations, and water distribution. She is accomplished in full trash capture planning and design, NPDES permit compliance, and storm sewer system design. Caitlin augments her skills regularly through training, and she has provided numerous third-party reviews of stormwater management and pollution prevention plans. Caitlin will complete trash capture feasibility and design services.

Joshua C. Tabije, EIT: Assistant Engineer
Josh is a NASSCO-certified assistant engineer at Schaaf & Wheeler with more than 20 years of experience in flood control and drainage, creek restoration, water distribution and supply, and physical and numerical modeling with HYDRA. More recently, Josh has been providing developer plan review services to MCWD and has designed water transmission mains for San Lorenzo Valley Water District and Monterey One Water. Josh was the designer for the Pure Water Monterey wellfield pipelines, and he maintains the system maps and standard details for MCWD using AutoCAD. He will assist Robin in day-to-day engineering tasks.

Jasmine Miller, EIT: Assistant Engineer
Jazzy is an assistant engineer at Schaaf & Wheeler with experience working on water supply and master plans. Her skills include AutoCAD, ArcGIS, Bentley WaterGEMS and SewerGEMS, and Innovyze Infowater. Most recently, she has worked on storm drain modeling and planning for the Cities of Sunnyvale and San Leandro. She will assist Robin in day-to-day engineering tasks.

Aldo Jarvio, EIT: Assistant Engineer
Aldo is an assistant engineer with three years of experience in hydraulics, hydrology, water resources, GIS, modeling environmental flows and sediment transport, water quality, water and wastewater treatment, contaminant transport, hydrogeology, and engineering economics. He will assist Robin in day-to-day engineering tasks.

About Our Subconsultant
Survey
Since its inception in 1979, Whitson Engineers has provided land surveying and civil engineering services for numerous public works projects throughout Monterey County. Their work includes improvements to storm drainage systems, sanitary sewer infrastructure, water supply networks, city streets, and highways. They regularly perform a wide variety of surveying and engineering services related to stormwater, for both private and public-sector clients. They have extensive experience working with local regulatory agencies in providing stormwater management plans for land development projects, and in assisting local agencies in studies and improvements to their stormwater systems. Their land surveying services commonly include topographic surveying, utility surveying, and right-of-way mapping and acquisitions for utility projects.

References for Whitson Engineers include:
▪ City of Seaside, Thomas Korman, Public Works Director/City Engineer [email protected], (831) 899-6884
▪ Monterey One Water, Tom Kouretas
[email protected], (831) 372-3367
▪ City of Marina, Edrie De Los Santos, Senior Engineer
[email protected], (831) 884-1205
▪ City of Monterey, Andrew Easterling, City Engineer/Deputy Public Works Director [email protected], (831) 242-8752
239
Project Schedule
Schaaf & Wheeler 13
Project Schedule
240
Appendix: Resumes
Schaaf & Wheeler
Appendix: Resumes
241
Resumes
Schaaf & Wheeler
Robin J. Lee, PE, CFM has 20 years of experience in water resource engineering from planning all the way through detailed design. Robin has worked on single-event modeling related to flooding issues to holistic design event modeling related to master planning. Robin’s experience includes modeling and design of storm water and sewer systems, drainage systems, hydrology and hydraulics, water quality, and FEMA applications. Robin serves as the project manager for the Foster City on-call, where Schaaf & Wheeler assists the City with plan checks for wet utility design and hydrology studies.

Robin has been assisting both private and public clients navigate FEMA maps, applications, and modeling efforts to better understand flood threats. Robin has prepared LOMR applications and peerreviewed applications for cities and counties.

Robin is well-versed in stormwater regulations, from NPDES to local regulations. She has worked primarily on stormwater treatment, trash capture, and green infrastructure requirements by writing feasibility studies and designing trash capture systems. Robin also provides Third Party Reviews for Stormwater Management Plans for development projects throughout the Bay Area to assist City staff to ensure that the development meets the requirements of the San Francisco Bay Municipal Regional Permit.

Selected Project Experience
Development Review and
Management
Third Party C3 SWMP
Reviews and Inspections
Various Clients
On-call Development Review
and Construction Review
Foster City
Foster City Water, Sewer,
and Storm Drain Standard
Detail Updates
City of Foster City
Green Infrastructure
Hillcrest Park Regional Green
Infrastructure and Trash
Capture
City of Concord
Green Infastructure Plan
City of South San Francisco
Green Infastructure Plan
City of San Bruno
Low-Impact Development
Design and Drainage Report
for Sebastapol Multi-Lot
Development
Atlas Civil Design
Trash Capture
Caltrans Large-Scale Trash
Capture Feasibility
City of Sunnyvale
Large Full Trash Capture
Device Feasibility Project
Marin County Flood Control
and Water Conservation
District
Large-Scale Trash Capture
Feasibility for Caltrans
Funding
County of San Mateo
Trash Capture Feasibility
Study and Design
Mendocino County
100% Trash Capture Plan
City of San Bruno
100% Trash Capture Plan
City of South San Francisco
Robin J. Lee, PE
Senior Project
Manager
Education
MS, Civil and Environmental
Engineering, UC Berkeley
BS, Civil and Environmental
Engineering, UC Los
Angeles
Licenses
Registered Civil Engineer
California C70040
Washington C43587
CFM, US-23-12881
Affiliations
American Society of Civil
Engineers (ASCE)
World Water Corps
Volunteer, Bolivia
Software
HEC-HMS, EPANET, HECRAS, SWMM, InfoSWMM,
GIS, ArcPro, HY-8, BAHM
242
Resumes
Schaaf & Wheeler
NPDES Trash Capture
Feasibility Study
City of San Bruno
NPDES Trash Capture
Feasibility Study
City of South San Francisco
Small Trash Capture Device
Installation, Design, and
Management
City of South San Francisco
Small Trash Capture Device
Installation, Design, and
Management
City of San Bruno
Water Quality/Environmental
Physical Stream Channel
Assessment
County of Puyallup
Mount Vernon NPDES Phase
II Stormwater Program
Development and
Implementation
City of Mount Vernon
Lake Whatcom Tributary
Monitoring
Whatcom County
Greater Los Angeles County
Integrated Regional Water
Management Plan
Los Angeles County
Hydrology and Hydraulics
Comprehensive Stormwater
Plan
Marin City
Storm Drain Master Plan
Town of Corte Madera
Storm Drain Master Plan
Town of Ross
Zone 5 Storm Drain Master
Plan and Financial Study
Santa Cruz County
Citywide Flood Control and
Stormdrainage Master Plan
City of Mill Valley
Santa Clara Storm Drain
Master Plan
City of Santa Clara
Hydrologic & Hydraulic Model
for Zone 7 Watershed
Zone 7 Water Agency
Moraga Storm Drain Master
Plan
Town of Moraga
Storm Drain Maintenance
and Rehabilitation Plan
City of Ukiah
Great Oaks iStar
Development HMP and LID
Sizing
Ruth and Going, Inc
Communications Hill
Development Detention and
Stormwater Treatment
Analyses
HMH Engineers
Floodplain Management/Sea
Level Rise
Zone D Flood Memos
Various School Districts
Zone A Flood Studies and
FEMA Applications
Various Clients
Singleton Road Bridge
Impact Analysis
Valley Water
Site Development, Flood
Plain Study, and FEMA
Applications
Various Clients
West Little Llagas Creek
LOMR
Morgan Hill
South Flea Market Floodplain
Analysis and LOMR
City of San Jose
Summerhill Homes Adrian
Court Flood Analysis and
FEMA Applications
Burlingame
Foster City Levee
Improvements
City of Foster City
SFO Shoreline Protection
Study
Moffet & Nichol
San Bruno/Colma Creek
Resiliency Study
Coastal Conservancy and
SFO
Foster City Lagoon ReEvaluation of Base Flood
Elevation
City of Foster City
San Mateo Creek Capacity
Evaluation
City of San Mateo
Wastewater Systems
Five-Year Capital
Improvement Plan
City of Mill Valley
CCTV and Design Services
for Sewer Improvements
City of Mill Valley
243
Resumes
Schaaf & Wheeler
Andrew A. Sterbenz, PE has over 30 years of experience managing engineering organizations and solving engineering problems and is recognized for developing and implementing creative solutions to complex problems. In 2006 – 2007 and 2012 – 2013, he served as the Interim District Engineer for the Marina Coast Water District, managing a $150 million water and sewer capital improvements budget that includes the development of new groundwater, recycled water, and desalinated water supplies for the former Fort Ord. He has prepared long-range water supply plans in California and Texas.

Plans include the projection of population and water demands, the assessment of current water supply availability, and the analysis of water management strategies to meet projected shortages. He is adept at analyzing, researching, planning, coordinating, and executing strategies to achieve organizational goals.

Andy has prepared detailed plans and specifications for bidding and construction for public agencies, and managed construction projects for the client agencies. He has conducted environmental studies and remediation design and assisted with environmental permitting. He is well experienced with state and federal environmental regulations.

Selected Project Experience
Stormwater Planning and
Design
Bryant Canyon Channel
Monterey County Water
Resources Agency
Wrigley-Ford Creeks
Maintenance Project
City of Milpitas
Reclamation Ditch Repair at
Alisal St
Monterey County Water
Resources Agency
Pajaro River Levee
Maintenance Design
Monterey County Water
Resources Agency
Water and Wastewater
Systems Planning and
Design
A1/A2 Reservoirs and B/C
Booster Pump Station
Marina Coast Water District
Anderson Dam Seismic
Retrofit Project, Project
Management Team
Black & Veatch for Santa
Clara Valley Water District
Seaside Municipal Water
System Master Plan
City of Seaside
Gonzales Water System CIP
Update
City of Gonzales
B2 Reservoir and Booster
Pump Station
Marina Coast Water District
Tate Park Lift Station and
Force Main
Marina Coast Water District
Ord Village Lift Station and
Force Main Replacement
Marina Coast Water District
Gigling Sanitary Sewer Force
Main Replacement
Marina Coast Water District
Miles Lane Sewer Pump
Station Upgrade
City of Watsonville
Wastewater System Capacity
Assessments, Farmworker
Housing Projects
Whitson Engineers, Monterey
County
Education
BSCE, Massachusetts
Institute of Technology
MSCE University of Texas at
San Antonio
Licenses
Registered Civil Engineer,
California C69703
Texas 93537
Affiliations
American Water Works
Association
Society of American Military
Engineers
American Public Works
Association
Monterey Bay Water Works
Association
Andrew A. Sterbenz, PE
Vice President
244
Resume
s
Schaaf & Wheeler
San Juan Oaks Water and
Wastewater System Design
Whitson Engineers, San
Benito County
September Ranch Water
System Design and
Permitting
Carmel Reserve LLC –
Carmel Valley, CA
Lompico Water Tank
Replacements
San Lorenzo Valley Water
District
2020 Water Pipeline
Replacements
San Lorenzo Valley Water
District
Pure Water Monterey
Injection Well Field, Phases 1
to 4
Kennedy/Jenks Consultants
for Monterey One Water
Reclamation Ditch Diversion
Pump Station
E2 Consulting Engineers for
Monterey One Water
Alpine Camp Water and
Sewer Service Extension
City of Gonzales
Farmworker Housing Pump
Station and Force Main
Monterey One Water
Lima Propery Specific Plan,
Water and Wastewater
Capacity Assessments
Richland Real Estate/San
Benito County, CA
Lightfighter Drive Water Main
Marina Coast Water District
Truck Yard Lift Station and
Water System Improvements
Monterey Regional Waste
Management District
Aptos Booster Pump Station
Soquel Creek Water District
McGregor Drive Booster
Pump Station
Soquel Creek Water
District/Capitola, CA Interim
Interim District Engineer
Marina Coast Water District
Soquel Drive Cast Iron Main
Replacement
Soquel Creek Water District
Watkins Gate Well and
Pipeline
Marina Coast Water District
Stonegate Water Supply
Project (Well and Pipeline)
San Benito County Public
Works
Castroville Community Plan
Infrastructure Estimate
Monterey County
Redevelopment Agency
Sewer Feasibility Study for
Commercial Parkway
Monterey County
Redevelopment Agency
Boronda Meadows General
Development Plan Peer
Review
PMC, Inc.

Modular Wastewater
Treatment System
LOGCAP/Balkans,
Yugoslavia
Raw Water Pump Station
Design and Construction
Coastal Water Authority,
Texas
Moses Bayou 84-Inch Siphon
Gulf Coast Water Authority
System Water Audit
Gulf Coast Water Authority
Water Supply Planning
Pure Water Monterey
Groundwater Replenishment
Project (Permitting)
Monterey Regional Water
Pollution Control Agency
Pure Water Monterey
Groundwater Replenishment
Project (CEQA EIR and Yield
Studies)
Denise Duffy & Assoc.

Reclamation Ditch Yield
Study
Monterey Peninsula Water
Management District
Blanco Drain Yield Study
Monterey Peninsula Water
Management District
Urban Water Management
Plans (2020, 2015, 2010)
Marina Coast Water District
Parks Legacy Golf Course
Water Supply Study
Denise Duffy & Assoc.

Water Supply Assessment for
the Pittsburg Technology
Park Specific Plan
Avaio Digital Partners
Water Supply Assessment for
the Marina Downtown
Vitalization Specific Plan
Marina Coast Water District
Water Supply Assessment for
the Marina Airport Specific
Plan
Marina Coast Water District
Water Supply Assessment for
Campus Town
Marina Coast Water District
Water Supply Assessment for
2018 General Use Permit
Stanford University
Regional Urban Water
Augmentation Project
Marina Coast Water District
Region H Water Plans
San Jacinto River Authority,
Texas
Colorado River Water
Availability Model
Texas Natural Resource
Consv. Comm.

Environmental Cleanup
Firing Range Removal - IAH
Airside Improvements
Program
City of Houston, TX
Landfill Removal - IAH
Airside Improvements
Program
City of Houston, TX
245
Resumes
Schaaf & Wheeler
Caitlin J. Tharp (Gilmore), PE has 17 years of experience with trash capture, water quality, water supply and distribution, hydrology and hydraulics, stormwater systems, open channel design, bridge scour analysis, and sea level rise design. Caitlin regularly prepares hydrology and water quality reports for EIRs as well as assesses and designs channels and waterfront development for climate change impacts. Caitlin is also accomplished in assessment and design of trash capture infrastructure, water quality BMP inspection and plan review, NPDES permit compliance, and storm system design.

She is currently assisting several Northern California municipalities to comply with the Regional Municipal Permit Section C.10 and the State Trash Amendments to achieve their trash capture reduction goals.

These projects include feasibility and design of trash capture devices.

In the last 10 years, Caitlin has completed more than 50 FEMA LOMC applications to remove projects from the floodplain and is adept at floodproofing design and retrofit.

Selected Project Experience
Trash Capture
San Luis Obispo County
Trash Capture Feasability
San Luis Obispo
Large Trash Capture Design
at 8 Sites and 100%
Compliance Plan
Livermore
Small Trash Capture Design
and 100% Compliance Plan
City of San Mateo
Hydrology and Hydraulics
Analysis of 3 Large Trash
Pilot Projects
Caltrans
Trash Capture Design at 41st
and Pacific
City of San Mateo
Trash Capture Design at 3
Sites
San Rafael
Newbridge Trash Capture
Design
City of East Palo Alto
Esplanade Trash Capture
Design
City of Pacifica
Libertyship Trash Capture
Design
City of Sausalito
Embarcadero Trash Capture
Design
City of Palo Alto
Trash Capture Feasibility and
Design
City of San Leandro
Trash Capture Feasibility
City of Union City
Willow Trash Capture Design
City of San Pablo
Tennyson & Arf Trash
Capture Design
City of Hayward
Trash Capture Design at
Poplar Golf Course
City of San Mateo
MCSTOPPP Countywide
Trash Capture Concepts
Marin County
Phase 2 Trash Capture
Feasibility
Cities of Morgan Hill and
Gilroy
Phase 2 Trash Capture
Feasibility
Mendocino County
Trash Capture Design
City of Emeryville
Phase 2 Trash Capture
Feasibility
Port of Oakland
Caitlin J. Tharp, PE
Vice President
Education
BSCE, Civil and
Environmental Engineering,
California Polytechnic
University, San Luis Obispo
MS, Environmental
Engineering, University of
Southern California
Licenses
Registered Civil Engineer,
California C76810
Nevada 030525
Certifications

LEED AP, QSD/QSP,

CPSWQ, CFM
Software
MikeUrban, AutoCAD,
ArcGIS, BAHM, HEC-RAS,

HEC-HMS
246
Resume
s
Schaaf & Wheeler
Phase 2 Trash Capture
Feasibility
Town of Windsor
Large and Small-Scale Trash
Capture Design
City of Livermore
Trash Capture Phase VI
Preliminary Design and
Design Support
City of San Jose
Trash Capture Device
Feasibility Study and Design
City of San Bruno
Trash Capture Feasibility
Study and Design for Athlone
Pump Station
County of San Mateo
Trash Capture Feasibility
Study
City of Vallejo
Trash Capture Design at
Dore Avenue
City of San Mateo
Trash Capture Feasibility
Study and Preliminary Design
City of South San Francisco
Trash Capture System
Feasibility and Design at
Piper Channel
City of Oakley
Trash Capture Design
City of Mountain View
Water Quality/Environmental
Calveras Boulevard
Expansion Drainage Impacts
and Location Hydraulics
Study
Milpitas
Heritage House CEQA
Hydrology and Flood Study
Napa County
Green Stormwater
Infrastructure Plan
City of Palo Alto
On-Call BART/VTA
Extension NPDES
Compliance and Storm
System Review
Milpitas
Butterfield Village Detention
and Stormwater Quality
Design
Morgan Hill
Stevenson and Mission
Developments BAHM
Modeling and HMP Design
Fremont
Library and El Camino Park
3rd Party Plan Review and
Construction Observation
City of Palo Alto
Serramonte Mall 3rd Party
C.3 Treatment Review and
Inspection
City of Daly City
NPDES Compliance Analysis
and Preliminary Design
North Gilroy Neighborhood
Districts
Coyote Highlands Hydrology
and Water Quality Study
San Martin
San Sebastian Hydrology
and Water Quality Study
Morgan Hill
Cochrane-Borello Hydrology
and Water Quality
David J. Powers &
Assoc./City of Morgan Hill
Freeman Quarry Erosion
Control and Water Quality
Review
Gilroy
Stormwater Systems
Milpitas Watershed Master
Plan
Milpitas
Planning and Design
Google Downtown West
Storm Drain Planning
San Jose
Woz Way Coyote Creek
Outfall Design
San Jose
Milpitas Storm Drainage
Master Plan
Milpitas
Storm System Inventory and
Prioritized Repair and
Replacement Program
Woodside
Los Trancos Flood
Remediation
Los Trancos Water District,
Portola Valley
Baylands No. 2 Stormwater
Pump Station
City of Sunnyvale
North San José Storm Drain
Master Plan
City of San José
Floodplain Analysis
Miramontes Point Road
Storm Drain Modeling and
Analysis
San Mateo County
Santa Clara Valley Floodplain
Modeling
Santa Clara County
Colorado Road Floodplain
Analysis
Atascadero
Google Downtown West Los
Gatos Creek Floodplain
Analysis
San Jose
West Little Llagas Creek
LOMR
Morgan Hill
South Flea Market Floodplain
Analysis and LOMR
City of San Jose
Floodproofing Feasibility,
Design Review, and
Certification
Menlo Park
Lower Penitencia Creek
Improvements Project
Wood Rodgers/SCVWD
Berryessa Penitencia
Watershed Flood Study
Wood Rodgers/SCVWD
Centre Pointe Drive Flood
Analysis and FEMA
Applications
Milpitas
247
Resumes
Schaaf & Wheeler
Josh C. Tabije has 20 years of experience in the areas of flood control and drainage, creek restoration, water distribution and supply, and physical and numerical modeling with HYDRA. In each of these areas, Josh has been involved in site assessment, feasibility studies, and construction document preparation.

More recently, Josh has been providing construction management, Assistant Resident Engineer, and Interim Resident Engineer responsibilities for two projects for the Marina Coast Water District.

Selected Project Experience
Stormwater System Planning
and Design
Palo Alto Storm Drain Master
Plan
City of Palo Alto
Los Altos Storm Water
Master Plan
City of Los Altos
Santa Cruz Storm Water
Master Plan
City of Santa Cruz
Storm Drainage Design:

Subwatersheds A8, B1, B4,
C3
California State University,
Monterey Bay
CSUMB Stormwater Master
Plan
California State University,
Monterey Bay
Hollister Storm Drain Master
Plan
City of Hollister
Castroville Storm Drain
Improvements
Bestor Engineers
Cypress Point Country Club
Storm Drain
Cypress Point Country Club
Zone 5 Storm Drain Master
Plan
County of Santa Cruz
FBO Building Floodproofing
Concepts
City of Livermore
Water Delivery Systems
Reservation Road Pipeline
Marina Coast Water District
Soquel Drive Cast Iron Main
Replacement
Soquel Creek Water District
Oakhill Rd. & Poplar St. Main
Replacement
Soquel Creek Water District
Injection Well Facilities
Phase 2 and Phase 3
Monterey One Water
Construction Management &
Inspection
City of San Mateo Levee
Inspection
City of San Mateo
Chualar Sanitary Sewer
Rehabilitation
Monterey County Public
Works
3rd Avenue Water Main
Extension
Marina Coast Water District
New Garage
Castroville Community
Services District
Marina Sewer Improvements
Construction Management
Marina Coast Water District
D-E Reservoir & Hydropneumatic Pump Station
Construction Management
Marina Coast Water District
Farmworker Housing Lift
Station
Monterey One Water
Crestmoor and Lomita Pump
Stations
City of San Bruno
East Garrison Stormwater
Facilities Management
UCP East Garrison
Education
BSCE, Colorado State
University
Continuing Education,
Construction & Energy
Management, Cabrillo
College
Licenses
NASSCO PACP, MACP, and
LACP Certified
Affiliations
American Society of Civil
Engineers
Software
HYDRA 6.0, HEC-RAS,
StormCAD, FlowMaster,
HEC-2
Josh C. Tabije
Assistant Engineer
248
Resume
s
Schaaf & Wheeler
Water and Wastewater
Systems Planning and
Design
Reclamation Ditch Pump
Station– Pure Water
Monterey Groundwater
Replenishment Project
Denise Duffy &
Assoc./Monterey County, CA
Potable Water System
Improvements
Monterey Regional Waste
Management District
Sewer Lift Station and Force
Main
Monterey Regional Waste
Management District
Water and Sewer System
Maps
Marina Coast Water District
Plan Review
Marina Coast Water District
3rd Avenue Water Main
Extension
Marina Coast Water District
George Chiala Farms Private
Fire System Improvements
George Chiala Farms
George Chiala Farms Private
Fire System Water Tank
George Chiala Farms
Sanitation Systems
Monterey County Public
Works
Castroville Community Plan
City of Castroville
Pajaro Community Plan
City of Pajaro
Boronda Community Plan
City of Boronda
Fort Ord Valve Replacement
Study
Marina Coast Water District
Buckingham Terrace Water
System Replacement
De Camara Management
Farmworker Housing Lift
Station
Monterey One Water
Alpine Camp Water and
Sewer Service Extension
City of Gonzales
Irrigation Reservoir
Corral De Tierra Country
Club
A1/A2 Reservoirs and B/C
Booster Pump Station
Marina Coast Water District
Seaside High School
Sanitary Sewer Lift Station
Monterey Peninsula Unified
School District
Water System Improvements
Rancho Toro
Floodplain Management
City of Santa Clara A99
LOMR
ANWest Inc.

Watsonville Slough Floodway
City of Watsonville
Rosehart Subdivision
Floodplain Analysis
Mill Construction
Hydrology and Hydraulics
Santa Rita Creek Site
Hydrology
Monterey County Flood
Control
Orphan Residence Hydrology
John Lien Architecture
Gates Property Hydrology
Robert Dewitt Engineering
Highway 25 Hollister Bypass
Drainage Design
Parsons Engineering
River and Stream
Enhancement
Wrigley and Ford Creeks
Dredging Design
City of Milpitas
Iris Canyon Creek Reparation
City of Monterey
249
Resumes
Schaaf & Wheeler
Jasmine Miller (Jazzy) is an assistant engineer with more than 1 year of experience. She is OSHA 10 certified and has skills using AutoCAD, ArcGIS, Bentley WaterGEMS and SewerGEMS, and
Innovyze Infowater.

Selected Project Experience
Storm Drain Master Plan
City of Seaside
Trash Capture Feasibility
Study
City of Sunnyvale
Stormwater Trash Capture
Design
City of San Leandro
Trash Capture Feasibility
Study
City of Salinas
Trash Capture Feasibility
Study
City of Hayward
Trash Capture Feasibility
Study
Marin County
Stormdrain Master Plan
City of San Leandro
Education
Michigan Technological
University, Master of
Science, Environmental
Engineering
University of Nevada, Reno,
Bachelor of Science,
Chemical Engineering,
Minor, Mathematics
Licenses
EIT
Jasmine Miller, Assistant
Engineer
250
Resumes
Schaaf & Wheeler
Aldo Jarvio has more than two years of experience in hydraulics, hydrology, water resources, GIS, fire flow analysis, modeling environmental flows and sediment transport, and engineering economics.

Selected Project Experience
Seaside Municipal Water
System Master Plan
City of Seaside
Seaside Municipal Water
System to Marina Coast
Water District Intertie
City of Seaside
Former Oakland Army Base
Sewer Pipeline and Lift
Station Rehabilitation
Port of Oakland
Aquifer Storage and
Recovery
Monterey Peninsula Water
Management District
September Ranch
Carmel One LLC
San Juan Oaks Lift Station
Design
Whitson Engineers
Villas at Laguna Seca
Hydraulic Analysis
Whitson Engineers
Septic Sewer Lift Station
Sizing
Whitson Engineers
Fire Flow Assements
Whitson Engineers
Lift Station Assessment and
Recommendations
SPCA of Monterey County
599 Airpark Storm Drain
Pump Station
Kier & Wright
469, 550, 644, & 675 Piercy
Road Onsite Water Modeling
Kier & Wright
Miles Lane Sewer Pump
Station Rehabilitation
City of Watsonvile
Lyon Zone Pipeline
Replacement
San Lorenzo Valley Water
District
Well 5 Improvements
Sunnyslope Water District
Fire Flow, Water Demand,
and Sewer Capacity
Assessments
Sconberg Parkway
Agricultural Employee
Housing Project
Sewer Capacity Assesment
Denise Duffy & Associates
RUWAP PRV Turnouts
Marina Coast Water District
B-2 Reservior
Marina Coast Water District
Tate Lift Station
Marina Coast Water District
Well 12 Replacement
Marina Coast Water District
Imjin Park Lift Station Odor
Control
Marina Coast Water District
Reservoir 2 Recoating
Marina Coast Water District
Development Review
Marina Coast Water District
Coral Street Pump Station
Relocation Project
Monterey One Water
Irene Drive and Vicinity Main
Replacement
Contra Costa Water District
740 El Camino Real Onsite
Water Modeling
Ruggeri-Jensen-Azar
Corporation Way System
Upgrades and Pump Station
Improvements
City of Palo Alto
West Bayshore Road Pump
Station and Trunk Line
Improvements
City of Palo Alto
Sanitary Sewer Pump Station
Improvements
Redwood City
Education
Masters of Science in Civil
Engineering, San Jose State
University, Expected May
2025
Bachelor of Science in Civil
Engineering, San Jose State
University
Licenses
Engineer-in-Training
Certification No. 175981
Software
EPANET, ArcGIS, MATLAB,
AutoCAD, WaterGEMS, Civil
3D, SewerCAD, StormCAD
Aldo Jarvio,
Assistant Engineer
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KEY PERSONNEL
THOMAS HANNAH, LS, CFedS

LAND SURVEYOR
Over thirty years of experience as a Project Manager and Land Surveyor for both public and private sector clients. Areas of expertise include boundary resolution, the preservation and rehabilitation of existing monuments, and the preparation of record maps and legal descriptions of real property.

Relative Project Experience:
▪ Seaside County Sanitation District CIP Projects – Surveying Services – Land Surveyor responsible for providing
topographic mapping, utility locating, and legal description preparation.
▪ Santa Cruz County Sanitation District Projects – On-Call Surveying Services – Land Surveyor responsible for
topographic, boundary and construction staking services for force main sanitary sewer, pump stations and fence
construction.
▪ Carmel Area Wastewater District – Surveying Services – Land Surveyor responsible for construction staking for
facility improvements and collected data for generation of topographic maps.
▪ Monterey Regional Waste Management District – Landfill Gas Collection System – Land Surveyor responsible for
construction staking and as-built surveying for gas
collection system at the Monterey Environmental Park.
▪ Salinas Valley Solid Waste Authority – On-Call Surveying & Lewis Road Landfill Closure – Land Surveyor responsible for assisting the field surveying for SVSWA landfills and landfill closure, as-built surveying, and quantity calculations. ▪ Monterey Regional Water Pollution Control Agency –
Surveying Services – Land Surveyor responsible for
construction staking for facility improvements and
collected data for generation of topographic maps.
▪ Monterey County Water Resources Agency (MCWRA) –
Gage Irving Road Boundary Survey – Land Surveyor
responsible for boundary survey of MCWRA property on
Gage Irving Road near Lake Nacimiento.
▪ City of Monterey – North Fremont Street Transit, Bicycle, and Pedestrian Network Improvements – Project Manager
responsible for surveying (as subconsultant).

Licenses:
▪ California Registered Land
Surveyor #8312
▪ Certified Federal Surveyor
(CFedS) #1804
Education:
▪ BA, Economics, University
of California, Irvine
▪ JD, Monterey College of
Law
▪ Professional
Experience:
▪ Whitson Engineers, 13 years
▪ 30 years (total)
▪ Professional
Organizations:
▪ California Land Surveyors
Association (Vice
President, Monterey Bay
Chapter)
▪ Monterey County Bar
Association
252

KEY PERSONNEL

CHUCK PUGH, LS

LAND SURVEYOR
Over twenty years of experience as a Project Manager and Land Surveyor for both public and private sector clients. Areas of expertise includes boundary, topographic, A.L.T.A., land division, photogrammetric control, mapping, Real-Time GNSS, construction staking and legal description preparation.

Relative Project Experience:
▪ Santa Cruz County Sanitation District Projects – On-Call Surveying Services – Land Surveyor responsible for
topographic, boundary and construction staking services for force main sanitary sewer, pump stations and fence
construction.
▪ Santa Cruz County Sanitation District – Aptos Transmission Main – Land Surveyor responsible for project construction staking and land surveying for 3.5 miles of sewer main and pump stations.
▪ Seaside County Sanitation District CIP Projects – Surveying Services – Land Surveyor responsible for topographic
mapping, utility locating, and legal description preparation. ▪ Monterey County Water Resources Agency – Salinas Valley Water Project – Land Surveyor responsible for establishing a control network and high precision leveling for settlement monitoring for the Nacimiento Dam Spillway Retrofit Project.

Provided construction staking and boundary surveying
related to the diversion facility on the Salinas River. ▪ Marina Coast Water District – Well Lot 33 – Land Surveyor responsible for aerial mapping and surveying associated with pre-design planning.
▪ California Water Service – Well Station 108 – Land Surveyor responsible for topographic, boundary surveying and
construction staking.
▪ Pebble Beach Community Services District – On-Call
Surveying – Land Surveyor responsible for providing
surveying services for all PBCSD projects including
topographic mapping, utility mapping, control surveys,
boundary surveys, right of way surveying, water tank and pump station surveying, and staking.
▪ Monterey County – San Jerardo Water System Aerial
Topographic Mapping – Provided aerial topographic
mapping for the water transmission line corridor.

Licenses:
▪ California Registered Land
Surveyor #9167
Education:
▪ BS, Earth Systems and
Policy, California State
University, Monterey Bay
▪ Professional
Experience:
▪ Whitson Engineers, 20 years
▪ 21 years (total)
▪ Professional
Organizations:
▪ California Land Surveyors
Association
▪ American Public Works
Association
253
3/14/25
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SUBJECT: Resolution No. 6270, a Resolution of the City Council of the City of Soledad Approving the Construction Services Agreement with Plummerbuilt, in an Amount of $113,140 Plus 10% Contingency for a Total Amount not to Exceed $124,454 for Construction of the WRF Entry Gate Project and Authorizing the City Manager to Execute said Contract on behalf of the City of Soledad.

TO: Honorable Mayor Velazquez and City Council
FROM: Juan Huerta, Assistant Engineer and Don Wilcox, Public Works Director
MEETING DATE: August 6, 2025

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 12.

Recommendation
It is recommended that the City Council of the City of Soledad consider and adopt Resolution No.6270, "Approving the Construction Services Agreement with Plummerbuilt, in an Amount of $113,140 Plus 10% Contingency for a Total Amount not to Exceed $124,454 for Construction of the WRF Entry Gate Project and Authorizing the City Manager to Execute said Contract on behalf of the City of Soledad".

Executive Summary
The City’s Water Reclamation Facility (WRF) is a vital component of its wastewater system and houses sensitive infrastructure that must be secured from unauthorized access. The current manually operated swing gate offers inadequate protection and lacks the ability to screen visitors. In response, Public Works staff are proposing the replacement of the existing gate with a secure, automatic sliding gate. The new system will include a two-way intercom and camera linked to the WRF administration building, enhancing site security and operational control. This project was planned in the current Capital Improvement Program and will be fully funded by the Wastewater Fund.

Background
The Water Reclamation Facility (WRF) is one of the city’s most important and valuable facilities as it handles all of the city’s wastewater treatment as well as CDCR. As the plant is an important and valuable facility, it is also a high-hazard industrial facility, so there is a need to be able to regulate the personnel who have access to it. Currently, the plant has a manually operated swing gate at its entrance to prevent unauthorized vehicle access during non-operational hours. This gate remains completely open during normal business hours, which has been a long-standing and significant liability to the City 255
as it allows any pedestrian, animal or vehicle to enter the facility without any screening or check-in process. Recognizing the need for a better entry process, PW staff hired Cannon Group to design a suitable replacement for the existing gate. The design completed was for an automatic sliding entry gate that would give the WRF staff the ability to screen authorized entrants to the WRF facility.

PW staff solicited bids for WRF Entry Gate through the third-party site Planet-Bids but received no bids for the project. Since no bids were received through the formal procedure this allowed staff to enact S.M.C. Section 3.24.080 paragraph (C) item (e) which states: No Bids Received: If no bids are received through the formal procedure, the project may be performed by the employees of the city by force account, or negotiated contract without further complying with the Uniform Public Construction Cost Accounting Act or this section. Enacting this section of the Soledad Municipal Code, PW staff directly solicited quotes from qualified contractors.

Review & Analysis
Staff prepared and formally advertised through Planetbids, a formal Request for Bids (RFB) from qualified individuals or firms for the construction of an Automatic Entry Gate. This RFB was bid out on March 13, 2025, with a due date of April 10, 2025. Unfortunately, no bids were received during the bidding process, which allowed staff to enact Soledad Municipal Code 3.24.08 and solicit direct proposals from qualified individuals. Staff requested a proposal from Plummerbuilt since the contractor was already on-site completing construction on the Vehicle Storage Building and had done a good job. Plummerbuilt submitted a proposal for the Automatic Entry Gate project in the amount of $113,140. This proposal includes improvements such as a video intercom system and falls within the planned budget. Staff reviewed the proposal and recommended approval of a contract with Plummerbuilt for construction services for the construction of an Automatic Entry Gate. The city’s standard contract form will be used.

Financial Considerations
Funding for this project is to come from the wastewater fund. Funding from line item 310.0000.57000- Capital Projects will be used. The funding will come from the WRF Security Gate & Fence CIP Project, which had been planned and budgeted for this year’s CIP with an amount of $130,000.

Alternatives
Adopt the recommended resolution.

Do not adopt the recommended resolution. This is not recommended as it will delay critical security measures at the WRF.

Planning/CEQA
This project meets categorical exemption as per the California Environmental Quality Act (CEQA) Guidelines in Section 15302 Class 2, which states that the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.

Public Notice Requirements
None.

Attachment(s):
256
Resolution No. 6270
Exhibit A
Proposal
257
RESOLUTION NO. 6270

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD

APPROVING A CONTRACT FOR CONSTRUCTION SERVICES WITH
PLUMMERBUILT IN AN AMOUNT OF $113,400 PLUS 10% CONTINGENCY FOR A TOTAL AMOUNT NOT TO EXCEED $124,454 FOR THE CONSTRUCTION OF THE

WRF ENTRY GATE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF SOLEDAD.

WHEREAS, the Water Reclamation Facility (WRF) is a critical infrastructure facility responsible for wastewater treatment for the City of Soledad and CDCR, housing sensitive equipment and operations that require a secure perimeter; and WHEREAS, the existing manual swing gate provides inadequate security and no means of screening entrants during regular hours, posing operational and safety risks; and WHEREAS, Staff, recognizing the facility’s security needs, worked with Cannon Group to develop a design for a secure, automatic sliding entry gate system; and WHEREAS, Staff prepared and formally advertised a Request for Bids (RFB) for the construction of an Automatic Entry Gate through Planetbids, issuing the RFB on March 13, 2025, and closing acceptance of bids on April 10, 2025; and
WHEREAS, the City received no bids and subsequently enacted S.M.C 3.24.080; and WHEREAS, pursuant to Soledad Municipal Code Chapter 3.24 Section 3.24.080 if no bids are received through the formal procedure, the project may be performed by the employees of the City by force account, or negotiated contract without further complying with the Uniform Public Construction Cost Accounting Act or this section; and WHEREAS, Staff solicited direct proposals for this project and received a proposal from Plummerbuilt; and
WHEREAS, Plummerbuilt submitted a proposal in the amount of $113,140, which includes enhanced features such as an intercom and video camera system connected to the WRF administration building; and
WHEREAS, Staff, therefore recommends approval of a contract with Plummerbuilt, for the construction services for the construction of an Automatic Entry Gate in which the City’s Standard Contract form will be used; and
WHEREAS, this project is funded through the Wastewater Fund under CIP Project S-06 and remains within the allocated budget for FY25-26
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NOW THEREFORE, BE IT HEREBY RESOLVED, that the City Council of the City of Soledad approve a Construction Services Agreement between the City of Soledad and Plummerbuilt, in an amount of $113,140, plus a 10% contingency for a total amount not to exceed of $124,454 for the construction of an Automatic Entry Gate, a copy of which is attached as “Exhibit A” and by reference incorporated herein, and the City Manager is authorized and directed to execute the same.

PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting duly held on the 6th day of August 2025, by the following vote:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

____________________________
ANNA M. VELAZQUEZ, Mayor
ATTEST:
_____________________________________
MEGAN HUNTER, City Manager
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Contract
This public works contract (“Contract”) is entered into by and between the City of Soledad (“City”) and Plummerbuilt Inc. (“Contractor”) for work on the WRF Automatic Entry Gate Project (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On August 6, 2025___, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

2.Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 The following:

No other documents

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $_113,140 (One Hundred Thirteen Thousand One Hundred Forty and 00/100) (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 60 calendar days from the start date set forth in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $ 400 per day for each day of unexcused delay in achieving Final Completion, and such Exhibit A
260
liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors, and agents may not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

City:

City of Soledad
248 Main Street
Soledad, CA 93960
(831) 223-5000
[email protected]

261
Contractor:

Name: Plummerbuilt Inc.

Address: P.O. Box 474
City/State/Zip: Herald, CA 95638
Phone: (916) 296-7484
Attn: Gena Plummer
Email [email protected]
Copy to

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Monterey County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Monterey County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313. [Signatures are on the following page.]
262
The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/_______________________________ s/__________________________________ Megan Hunter, City Manager_________ Michael Rodriquez, City Attorney_________ Name, Title Name, Title
Date: ___________________________ Date: ______________________________

Attest:
s/_______________________________
Megan Hunter, City Clerk_____________
Name, Title
Date: ___________________________
CONTRACTOR: Plummerbuilt Inc.

Business Name
s/_______________________________ Seal:
_________________________________
Name, Title
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT
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271
SUBJECT: Resolution No. 6271, A Resolution of the City Council of the City of Soledad Approving and Accepting the Soledad Police Department’s AB 481 Fiscal Year 2024-2025 Annual Military Equipment Use Report Pursuant to Government Code Section 7071(D) And Renewing City of Soledad Ordinance No. 743 “Approving Soledad Police Department Policy Manual Policy 706- Military Equipment”
TO: Honorable Mayor Velazquez and City Council
FROM: Mike Rodriquez, City Attorney
MEETING DATE: August 6, 2025

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 1.

Recommendation
It is recommended that the City Council consider and adopt Resolution No.6271, Approving and Accepting the Soledad Police Department’s AB 481 Fiscal Year 2024-2025 Annual Military Equipment Report Pursuant to Government Code Section 7071(d) and Renewing City of Soledad Ordinance No. 743 “Approving Soledad Police Department Policy Manual Policy 706-Military Equipment.” Executive Summary
Pursuant to the requirements of AB 481, the City Council previously adopted Ordinance No. 743 approving Soledad Police Department Policy Manual Policy 706. Policy 706 establishes an inventory of “military equipment” possessed and/or acquired by the Soledad Police Department, explains why such equipment may be used by the Department, why such use is deemed necessary, and the costs associated with maintaining and storing such equipment. AB 481 is seen as a transparency law, informing both the Council and the community of the possession and potential use of such equipment.

AB 481 also establishes the requirement that the ordinance adopting a military equipment use policy must be reviewed and renewed on an annual basis. To facilitate this review, the Police Department is required to prepare an Annual Report concerning the use of the Department’s military equipment.

The Police Department’s AB 481 Fiscal Year 2024-2025 Annual Military Equipment Report, which was submitted to the Council on May 21, 2025, and Ordinance No. 743 are before the Council this evening for consideration of acceptance and renewal respectively. 272
Background
Effective January 1, 2022, Assembly Bill 481 (codified in Government Code Section 7070 et seq.) requires legislative bodies to adopt ordinances approving military equipment policies before law enforcement agencies can continue to engage in specified activities related to the use of what the state legislature has defined as “military equipment” in Government Code Section 7070. The Soledad Police Department Military Equipment Policy was approved by the City Council by Ordinance No. 743 on June 15, 2022.

Government Code Section 7071(e)(1) states that a governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (e)(2), to vote on whether to renew the ordinance at a regular meeting.

Paragraph (e)(2) of Government Code Section 7071 states that the governing body shall determine, based on an annual report, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d) of Section 7071, which reads as follows:

A. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

B. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

C. If purchasing the equipment, the equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

D. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

If the governing body determines that a type of military equipment identified in its annual military equipment report has not complied with the standards for approval set forth above, the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.

In order to facilitate the orderly annual ordinance review referenced above, Government Code Section 7072 requires that any law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the government body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding year for each type of military equipment:

1. A summary of how the military equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
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5. The quantity possessed for each type of military equipment.

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

A copy of the Soledad Police Department’s AB 481 Annual Report 2024-2025 is attached hereto as Attachment 1.

Review & Analysis
The City Council considered and adopted Ordinance No. 743 “Approving Soledad Police Department Policy Manual Policy 706- Military Equipment” on June 15, 2022. During the June 15 meeting, and the prior meeting at which Ordinance No. 743 was introduced, the Council took comment from the public and discussed the ordinance and involved policy.

On May 21, 2025, the Council received the Police Department’s Annual Report on military equipment.

The Report was thereafter posted on the City’s website. Staff also publicized the date and location of the required “Community Engagement Meeting” concerning the Report, set as a part of the City Council’s regular meeting agenda, initially for July 16, 2025, and thereafter rescheduled for August 6, 2025, through social media, postings, and as a part of the City Council’s posting of its meeting agenda. Policy 706 has been continuously posted on the City website since adoption.

The Annual Report is meant to provide yearly information about each type of military equipment that was approved by Council. In Soledad, the only military equipment possessed by the Police Department is thirteen (13) M16A2 rifles and ammunition. The Report contains a summary of how the equipment was used, any complaints or concerns received about the equipment, and any associated costs related to the equipment’s use. For this reporting period, no new military equipment was purchased, the equipment was only utilized for training purposes, and all costs were contained within budget appropriations. The Report does not seek approval of future acquisitions.

The Council should hold a community meeting to receive comment upon and to discuss the Annual Report. Thereafter, State law requires that the City review and consider renewal of its ordinance and military equipment policy. Since there have been no changes in the types or use of military equipment held by the Police Department in the past year, all of the findings made by the Council in support of the adoption of Policy 706 in 2022 should remain unchanged. As such, staff believes that both the Annual Report and Ordinance and Policy 706 can be renewed for another year by way of resolution finding that the Annual Report has been prepared in accordance with legal requirements and that there have been no changes to the policy and no immediate plans to acquire any additional military equipment. The adoption of a new ordinance is not needed at this time.

Financial Considerations
There will not be any new, unplanned direct fiscal impacts in continuing the ownership and minimal use of equipment already in the Police Department’s inventory or continuing to collaborate with other law enforcement agencies utilizing military equipment, including in mutual aid circumstances.

Maintenance costs of existing equipment, if any, are within the Police Department’s budget.

Alternatives
Adopt Resolution No. 6271, Approving and Accepting the Soledad Police Department’s AB 481 Fiscal Year 2024-2025 Annual Military Equipment Use Report Pursuant to Government Code Section 7071(d) and Renewing City of Soledad Ordinance No. 743 “Approving Soledad Police 274
Resolution No. 6271
Exhibit A
Exhibit B
Department Policy Manual Policy 706-Military Equipment.” Council could make changes to the Military Equipment Policy and/or Ordinance No. 743 if the Council determines that there has been non-compliance with standards set forth in subdivision (d) of Section 7071 of the Government Code. Council can also renew or disapprove renewal of the authorization for that type of military equipment or require modifications to the military equipment policy in a manner that will address and resolve lack of compliance. However, there is no evidence of non-compliance at the time of preparation of this report.

Planning/CEQA
Consideration, approval and acceptance of the Police Department’s AB 481 Annual Report and renewal of Ordinance No. 743 “Approving Soledad Police Department Policy Manual 706-Military Equipment” are exempt from the California Environmental Quality Act (“CEQA”). Said actions are not a “project” within the meaning of Section 15378 of the State CEQA Guidelines since there is no potential for the actions to result in direct or indirect physical change to the environment. In addition, the actions are not subject to CEQA pursuant to State CEQA Guidelines Section 15061, as it can be seen with certainty that there is no possibility they may have a significant effect on the environment.

Public Notice Requirements
Notice has been posted on the City website commencing on June 4, 2025 to the present date.

Attachment(s):
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RESOLUTION NO. 6271

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD APPPROVING AND ACCEPTING THE SOLEDAD POLICE DEPARTMENT’S AB 481 FISCAL YEAR 2024-2025 ANNUAL MILITARY EQUIPMENT USE REPORT PURSUANT TO GOVERNMENT CODE SECTION 7071(d)
AND RENEWING CITY OF SOLEDAD ORDINANCE NO. 743
“APPROVING SOLEDAD POLICE DEPARTMENT POLICY MANUAL
POLICY 706- MILITARY EQUIPMENT”
WHEREAS, Government Code Section 7071 et seq. codifies Assembly Bill 481 and requires legislative bodies to adopt ordinances approving military equipment use policies before law enforcement agencies can continue to engage in activities related to the use of military equipment; and
WHEREAS, the Soledad Police Department has a very limited amount of “military equipment” in its inventory (13 military rifles and ammunition) which is used infrequently; and WHEREAS, during the course of a given year, the Soledad Police Department may engage in limited critical public safety activities in coordination with other jurisdictions in possession of military equipment on police-related matters, including safeguarding the public’s welfare and safety, working on regional task forces, conducting training exercises, providing mutual aid and responding to emergencies; and
WHEREAS, on June 15, 2022, the Soledad City Council adopted Ordinance No. 743 which approved Soledad Police Department Policy Manual Policy 706- Military Equipment which includes an inventory report of the police department’s military equipment and procedures for use and maintenance of the same; and
WHEREAS, Soledad’s Military Equipment Policy 706 establishes a military equipment use policy that is consistent with Police Department’s current practices, complies with the requirements of the Government Code, will continue to ensure ongoing regulation and compliance with the law going forward and will continue to provide a means of community engagement and transparency regarding the use of military equipment by the Department; and WHEREAS, Government Code Section 7071 requires the City Council to conduct an annual review of its ordinance approving the City’s Military Equipment Policy and to vote on whether to renew the ordinance; and
WHEREAS, in order to facilitate the aforesaid ordinance review, the City Council is also required to conduct an annual review of the Police Department’s AB 481 Fiscal Year 2024-2025 Annual Report on military equipment prepared and submitted pursuant to Sections 7071 and 7072 of the Government Code; and
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WHEREAS, notice of the Council’s consideration of both Ordinance No. 743 and the AB 481 Annual Report have been provided in accordance with applicable law; and WHEREAS, the City Council desires to find that the AB 481 Annual Report on military equipment complies with the standards of approval set forth in subdivision (d) of Government Code Section 7071 because of the following:

1. Authorizing the use of military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. The use of the Department’s equipment is part of the Department’s overall approach to safe and efficient policing. The equipment will enable department members to properly respond to both planned and unplanned events efficiently and effectively.

2. The Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties by ensuring required reporting, the opportunity for community engagement and feedback, and transparency and oversight regarding the acquisition and use of specified military equipment in the City of Soledad.

3. If purchasing equipment, the equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior military equipment use complied with the military equipment use policy that was in effect at the time of the use; and
WHEREAS, the City Council has also reviewed and desires to renew Ordinance 743.

NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Soledad as follows:

1. All of the statements and facts set forth above are true and correct and incorporated herein by this reference. These recitals constitute findings in this matter and together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this resolution.

2. The City Council finds that Ordinance No. 743 is exempt from the provisions of the California Environmental Quality Act (“CEQA”) because it will not result on a direct or reasonably foreseeable direct physical change in the environment and is not a “project” as defined in Section 15378 of the CEQA Guidelines.

3. The City Council has reviewed the Soledad Police Department’s Annual Military Equipment Report, a copy of which is attached hereto as Exhibit “A” and by this reference incorporated herein, and finds that it complies with the standards of approval set forth in subdivision (d) of Government Code Section 7071. The report is hereby approved and accepted. 277

4. The City Council hereby renews Ordinance No. 743 “Approving Soledad Police Department Policy Manual Policy 706-Military Equipment,” a copy of which is attached hereto as Exhibit “B” and by this reference incorporated herein, for a period of one year from the effective date of this resolution without change.

PASSED AND ADOPTED by the City Council of the City of Soledad at a regular public meeting thereof held on the 6
th day of August, 2025, by the following vote:

AYES: and in favor thereof, Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
______________________________________
ANNA M. VELAZQUEZ, Mayor
ATTEST:
___________________________________
MEGAN HUNTER, City Clerk
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Soledad Police Department
AB 481 Annual Report 2024-2025
Annual Report
AB 481 requires the Police Department to provide the City Council and the public with a report outlining how the military equipment possessed and/or acquired by the City during the previous year was used in order to ensure the police department is adhering to its policy and the City ordinance concerning military equipment. The Soledad Police Department has not acquired any new equipment that would be considered “military equipment” pursuant to the provisions of Government Code Section 7070 et seq.

1. M16A2 Commando 5.56 patrol carbine rifles
A. A summary of how the military equipment was used and the purpose of its use.

These weapons may be deployed in circumstances in which an officer can articulate a reasonable expectation that the rifle may be needed. (E.g., where an officer anticipates an armed encounter, need for long range fire, where an officer believes a suspect may be wearing body armor). Use of the ammunition for these weapons requires special training by POST certified trainers.

B. A summary of any complaints or concerns received concerning the military equipment. None.

C. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. None.

D. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the year following submission of the annual military equipment report. Minimal maintenance and training costs, paid for out of Police Department Budget.

E. The quantity possessed of each type of military equipment. Thirteen.

F. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. None.

2. Ammunition for M16A2 Commando 5.56 patrol carbine rifles A. A summary of how the military equipment was used and the purpose of its use. Used for target practice only.

B. A summary of any complaints or concerns received concerning the military equipment. None.

C. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. None.

D. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the year following submission of the annual military equipment report. No cost for this reporting period.

Exhibit A
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E. The quantity possessed of each type of military equipment. 7,559 +/- rounds.

F. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. None. 280
Exhibit B
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Military Equipment
706.1 PURPOSE AND SCOPE
The Soledad Police Department does not participate in the 1033 Program and has not obtained any military equipment from the military, nor does it possess any equipment that was designed for military use. However, California Government Code § 7071(b) requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing body for approval.

The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of “military equipment” (Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy is provided to fulfill the obligations set forth in Assembly Bill 481. These obligations include but are not limited to seeking approval on specific items deemed to be military equipment and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items.
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – any of a wide variety of items as defined by California Government Code section 7070, subsections (c)(1) through (c)(16) listed below:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of a wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handled arm ram designed to be operated by one person, are specifically excluded from this subdivision.
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8. Firearms and ammunition of 50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of 50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than 50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue weapons and ammunition of less than 50 caliber that are issued to officers, agents, or employees of a law enforcement agency or state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard service-issued handheld pepper spray.

13. TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).

14. Projectile launch platforms and their associated munitions: 40 mm projectile launchers, “bean bag,” rubber bullet, and specialty impact (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

The bold items above are the current recognized specialized “military equipment” purchased and used by the Soledad Police Department.
706.2 POLICY REQUIREMENTS
California Government Code § 7070(d) describes a Military Use Equipment as a publicly released, written document that includes, at a minimum the following:

1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.

3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer 284
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Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.

6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. 706.3 POLICY
It is the policy of the Soledad Police Department that members of this department comply with the provisions of Government Code §7071 with respect to military equipment. It is also the policy of the Soledad Police Department that there are legally enforceable safeguards, including transparency, oversight and accountability measures in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.

The acquisitions of military equipment and its deployment in our communities may impact the public’s safety and welfare. The public has a right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
706.4 MILITARY EQUIPMENT COORDINATOR
The Chief of Police and Deputy Chief will serve as the military equipment coordinators. The responsibilities of the military equipment coordinator include but are not limited to:

1. Acting as liaison to the City Council for matters related to the requirements of this policy.

2. Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.

3. Conducting an inventory of all military equipment at least annually.

4. Collaborating with any allied agency that may use military equipment within the jurisdiction of the Soledad Police Department (Government Code § 7071).

5. Preparing for, scheduling, and coordinating the annual community engagement 285
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meeting to include:

6. Publicizing the details of the meeting.

7. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.

8. Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).

9. Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 706.5 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying “military equipment” for the Department see attached:

Military Equipment List
Current
Desired (none at this time.)
Other Jurisdictions (Department will provide cross-references to other Policies.) 706.6 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code § 7071):

1. Requesting military equipment made available pursuant to 10 USC § 2576a.

2. Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

3. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.

4. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department.

5. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.

6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate 286
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in the use of military equipment.

7. Acquiring military equipment through any means not provided above. 706.7 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.
706.8 ANNUAL REPORT
The Chief of Police or the authorized designee shall submit a military equipment report to the City Council for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). The Chief of Police or the authorized designee shall also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use.

The report shall include the following information for the immediately preceding calendar year as required by Government Code § 7072 for each type of military equipment in department inventory.

1. A summary of how the military equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of military equipment.

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. 706.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
706.10 COMPLIANCE
The Soledad Police Department is committed to responding to complaints, concerns, and 287
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questions received in a timely manner. Members of the public wishing to make a complaint, ask a question or express a concern can do so by any of the following means:

1. Via email to: [email protected]

2. Via phone call to: Deputy Chief 831-223-5121

3. Via mail sent to: Soledad Police Department, 236 Main Street, Soledad, CA 93966

4. Via in person by responding to the above address
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Attachments
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Military Equipment List
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Soledad Police Department Military Equipment List
Lethal Firearms Patrol Carbine Rifle
Description Black - Colt M16A2 Commando 5.56 mm – Patrol – carbine rifle Quantity 13 (thirteen)
Capabilities Patrol Rifle that fires an intermediate-power rifle cartridge (.223 –

5.56mm)
Life Span 20+ years depending upon amount of usage
Manufacturers
Description
The Colt M16A2 rifle is a gas operated patrol rifle chambered for either .223 (standard) or 5.56mm (NATO) caliber ammunition. The Patrol Carbine Rifle features a shortened barrel, collapsible but stock, and has a three (3) way selector switch for safety.

Purpose and
authorized
uses
It was learned during the 1997 North Hollywood bank robbery shooting that the standard handgun carried by police officers were insufficient when dealing with heavily armed criminals. The Patrol Carbine rifle was adopted to address this shortcoming. The patrol rifle is designed to address short to long-distance threats and allows precise shot placement minimizing the potential threat to innocent citizens.

Fiscal impact Patrol rifles cost between $1,100 to $2,800 each Legal and
Procedural
rules
Refer to SLPD (Department) Lexipol Policy 300 (Use of Force Policy)
POST
Mandated
Training
Officers from the Soledad Police Department using the Colt M16A2 Patrol Carbine are trained by California POST certified trainers.

Training is ongoing and done several times throughout the year.

Compliance Deployment and use of the patrol carbine are subject to the applicable Use of Force policies located in department Lexipol policy 300
Additional Attached to policy and department website for reference Lethal
Ammunition
.223 or 5.56mm ammunition
Ammo Type Federal 55gr – 223 / Winchester 62gr – 223 open-tip rifle rounds Description Jacketed and silver-tipped rifle rounds. Allows for deep penetration of body armor and expansion for stopping power. Allows for improved accuracy, functionality, and reliability.

Quantity 7,559 rounds (includes practice and range ammo) (numbers and amounts will vary)
Capabilities From 0 (close quarters) to 500 yards (long-range) Life Span 10 years in a controlled environment
Manufacturer’s
description
Winchester is known as one of the worlds most recognized and respected ammunition brands. Winchester began offering its quality product in 1873. Winchester Ammunition offers ammo for all occasions- hunting, sport shooting, and protection. Winchester Ammunition is constantly manufacturing newly designed ammo to 291
meet their customer’s needs. Winchester Ammunition prides itself upon commitment and high-quality products and produces high quality ammunition.

Federal Ammo, or Federal Premium Ammunition, is the leading American manufacturer of rimfire, shotshell, centerfire, and more.

Dating back to the early 1900s, Federal Premium Ammunition has consistently produced some of the highest quality ammo on the market. Federal Ammo continues to provide high-quality
ammunition for rifle, shotgun, and handgun owners today! Purpose and
use
To be able to address a specific threat to the community such as a bank robbery or active shooter. The patrol rifle (carbine) is used in situations where the threat and situation warrants the escalation of the use of force.

Fiscal Impact Standard ammunition in .223 or 5.56mm cost approximately $600.00 per case (1000 rounds). The price fluctuates with the supply and demand for ammunition.

Legal and
procedural
Rules
Refer to SLPD (Department) Lexipol Policy 300 (Use of Force Policy)
POST
Mandated
Training
Officers from the Soledad Police Department using ammunition (.223 or 5.56mm) for the M16A2 patrol carbine are trained by California POST certified trainers. Training is ongoing and is done several times throughout the year.

Compliance Use of ammunition for the patrol carbine rifles are subject to applicable Use of Force policies located in SLPD (Department) Lexipol Policy 300
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SUBJECT: City of Soledad Transactions and Use Tax Citizen Oversight Committee Appointments
TO: Honorable Mayor Velazquez and City Council
FROM: Megan Hunter, City Manager
MEETING DATE: August 6, 2025

CITY OF SOLEDAD

STAFF REPORT
THROUGH:

AGENDA ITEM NO. 1.

Recommendation
It is recommended that the three appointments made by Councilmembers Fernando Ansaldo-Sanchez, Evarista Banuelos, and Ben Caldera to the Transactions and Use Tax Citizen Oversight Committee are accepted.

Executive Summary
The City of Soledad’s Transactions and Use Tax (TUT) Citizen Oversight Committee is responsible for reviewing and making recommendations on the use of revenues generated by Measures S and Y.

Previously, each measure had its own five-member oversight committee. However, due to persistent quorum challenges with the Measure S Committee, the City Council approved the consolidation of both into a single seven-member committee. Three residents have already been appointed to the new TUT Committee. An additional three applicants—nominated by Councilmembers Fernando AnsaldoSanchez, Evarista Banuelos, and Ben Caldera—are now being presented for appointment. With these appointments, six of seven seats will be filled, allowing the Committee to achieve quorum and begin conducting official business. One seat will remain vacant.

Background
The City of Soledad Transactions and Use Tax Citizen Oversight Committee (TUT) was established by Resolution No. 6141, adopted by the City Council on August 7, 2024. This committee is responsible for reviewing and providing recommendations on the use of revenues generated from the City’s Measure S and Measure Y Transactions and Use Taxes.

The Mayor and City Council shall each annually appoint one member of the public to serve on the TUT Committee for a one-year term. Committee members will be eligible for reappointment by Councilmembers for additional one-year terms as deemed appropriate by the appointor. The Mayor shall appoint two (2) additional Committee members to one-year terms, subject to City Council approval. The Council is encouraged to include amongst its appointments individuals who have 293
specialized knowledge and agree to represent the Committee in one of the following areas: Senior Services, Animal Services, Childcare Services, and the Soledad Youth Council. However, appointments in these areas are discretionary, not mandatory, and appointments made without compliance with this recommendation shall still be accepted.

Review & Analysis
Currently, there are four seats vacant. With the appointment of the three current applicants, the City will have a quorum to conduct business as soon as possible to accelerate the establishment and functions of the Transactions and Use Tax Citizen Oversight Committee (TUT).

The TUT Committee is charged with the review of expenditures of Measure S and Measure Y revenues to ensure the monies have been expended in accordance with the purposes authorized by said Measures.

Additional responsibilities include:

Act in an advisory capacity to the City Council in all matters pertaining to the Measures S and Y sales tax.

Provide oversight of the revenues and expenses pertaining to the portion of the sales tax generated by Measures S and Y.

Review the City’s annual independent audit report which will include the Measure S and Y tax revenue and expenditures.

Provide recommendations to the City Council on the use of Measure S and Y revenue.

Review of the City’s audit and its recommendations for expenditure of the revenue generated from the Measure S and Y taxes. The report shall be presented to the City Council at a public meeting and shall be a public record.

Three candidates have submitted applications to the City: Ramos Arroyo Jr., Angelica GodoyRodriguez, and David Garcia. Each brings valuable experience and a strong commitment to the community. Mr. Arroyo offers thoughtful ideas for building and strengthening the Soledad community.

Ms. Godoy-Rodriguez expresses a strong desire to participate in civic activities and contribute to local initiatives. Mr. Garcia, with 28 years of law enforcement experience and 18 years as a volunteer firefighter in Soledad, brings a deep understanding of public safety and community needs.

Financial Considerations
Members of the TUT Committee are volunteers, but notwithstanding, will receive a $50 stipend for each Committee meeting attended in recognition of the time and effort necessary to carry out Committee member duties.

Alternatives
Each member is able to select their own representative to the TUT. These appointments are being presented to the Council for acceptance. No formal action is required.

Planning/CEQA
The appointments to the Transactions and Use Tax Citizen Oversight Committee (TUT) is not considered a project under the California Environmental Quality Act (CEQA) as a ministerial action.

Public Notice Requirements
294

1. Ramos Arroyo Jr.

2. Angelica Gadoy-Rodriguez

3. David Garcia
Staff reached out to the public and former committee members in an effort to fill the vacant seats on the TUT Committee. Numerous advertisements have also been placed on the City’s social media pages and website, and a public notice was published in the Salinas Valley Tribune on January 22, 2025.

Attachment(s):
295
296
297
298
299
300
301
SUBJECT: Request From the Soledad Unified School District to Waive Impact Fees Associated with the District’s Teacher Housing Project
TO: Honorable Mayor Velazquez and City Council
FROM: Megan Hunter, City Manager and Mike Rodriquez, City Attorney MEETING DATE: August 6, 2025

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 2.

Recommendation
It is recommended that the City Council reject the request from the Soledad Unified School District to waive impact fees associated with the District’s Teacher Housing Project and instead consider a loan to minimize the financial impact to both the District and the City. This item is for direction only and any subsequent action would need to return to the Council for consideration.

Executive Summary
The Soledad Unified School District (“SUSD”) is in the process of constructing its Teacher Housing Project on property located at 5000 Monterey Street in Soledad. The .69 acre parcel on which the Project is being developed, comprised of property formally owned by the City and the Successor Redevelopment Agency, was sold to SUSD in 2024, with the majority of proceeds being distributed as pass-through funds to governmental interests within the former Soledad Redevelopment Plan Area. The Project will result in the development of 20 new workforce units for occupancy by SUSD employees.

SUSD has requested that the Council consider waiver of $436,000 in impact fees to assist the District in mitigating impacts associated with a funding gap for the Project. In considering SUSD’s request, the Council must keep in mind that the waiver will create a shortfall in the involved impact fee funds that cannot be imposed on other developments and would have to be funded through the General Fund. As the Council is aware, our reserves had to be used to balance the budget in FY 25/26, the first time in 5 years.

Background
In May of 2023, the City Council/Redevelopment Successor Agency Board approved a Purchase and Sale Agreement (“PSA”) with the Soledad Unified School District (“SUSD”) to facilitate the District’s development of a 20-unit workforce apartment complex (the “Project”) on property located at 5000 Monterey Street in Soledad, on the corner of Monterey and Soledad Street. The .69 acre parcel was comprised of property owned by both the City and the former Redevelopment Agency, which required the City/Agency to seek consent for the sale from all parties entitled to redevelopment agency pass302 through funds, including the SUSD, with the bulk of the sales proceeds being distributed to said entities. The sales price for the property was $440,000.00, but was reduced to $315,200 by an amendment to the PSA when small portions of the property were found to be contaminated and required mitigation.

Funding for the Project was provided by the passage of the SUSD’s Measure N in 2020, which authorized the issuance of $13.75 million in bonds to fund District improvement projects, including rental housing to be made available to teachers and staff. SUSD is using said bond funds for the construction of the aforesaid 20-unit apartment complex, consisting of twelve (12) 1-bedroom and eight (8) 2-bedroom units, intended for occupancy by District employees. The Project contains two rental units available to very-low-income households and one unit to moderate-income households.

The District and the City are hopeful that this new project will allow the District to retain qualified local employees.

The City has now received a request from SUSD Superintendent Randy Bangs (Bangs) requesting consideration of a waiver of $436,000 in City Impact Fees to support the SUSD Housing Project. See Attachment A. Bangs indicates that there is a current funding gap of $2,574,133 in the Project, that will necessitate the issuance of Certificates of Participation totaling $2,850,000 to cover outstanding costs.

Since repayment of the COPs will come from SUSD’s general fund, which will impact funds available for Soledad student programs and services, Bangs believes waiver of the outstanding impact fees will result in less debt issuance, lower long-term debt service costs from the District’s General Fund, and more general funds available to support the SUSD’s educational needs. Bangs also asserts that waiver of the fees will benefit the entire Soledad community by helping to provide much needed teacher housing.

Review & Analysis
As an initial point, Staff notes that the outstanding balance in fees referenced in the SUSD waiver request appears to be incorrect. On July 25, 2025, the amount of unpaid impact facts attributable to the Project was confirmed by Staff as $485,740, not $436,000.

Staff also notes that SUSD has not paid any Impact Fees to date, but rather, has paid the typical Permit Fee Costs paid by all developers. These are the real costs comprised of reimbursement for paying outside consultants and city staff time to perform various services in project processing, such as plan checks and inspections.

By contrast, the involved City Impact Fees, as established by provisions of the Soledad Municipal Code, are imposed on new development to defray all or a portion of the costs of facilities, infrastructure and public services needed to support such development. The impact fees are imposed on all new development, including residential development, with each development paying its pro rata share of the cost for constructing and equipping public facilities. Imposition of the fees helps to ensure that new development pays for the costs it generates, rather than burdening existing development with such costs In granting the requested waiver, the Council must consider that a shortfall will be created in impact fee funds that cannot be imposed on other developments. In essence, an impact fee waiver is a City subsidy for a given project. As such, a waiver would require the City to look for alternative funding sources to bridge the gap, pay for the shortfall itself from general funds, or downsize or delay planned improvements. Waiver may also create a precedent encouraging other developments to seek similar impact fee relief.
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Although SUSD's aim is to provide workforce housing at an affordable rate, only three units in the 20- unit are required to be affordable - two at the very-low rate, and 1 at the moderate rate. The SUSD received a density bonus to achieve the 20 units and in exchange was also required to provide an affordable housing unit at the deeper affordability rate. However, the project was allowed three (3) extra units, which brings greater cash flow to the project. Although it is likely that most units will be rented at moderate-income levels, there is no guarantee preventing SUSD from charging market-rate rents for the remaining units.

Unfortunately, SUSD has not submitted a detailed pro forma that would allow the City to assess the project's actual financial need. Unlike traditional school bond-funded facility projects, which typically do not generate revenue, this housing development is expected to produce ongoing rental income.

Based on income limits published by the California Department of Housing and Community Development (HCD) (Attachment C), the SUSD Housing Project is estimated to generate approximately $50,409 in monthly rental revenue—assuming 18 moderate-income units and 2 very low-income units. For context, the 2025 HCD rent for a one-bedroom unit at the moderate-income level is $2,508. Staff acknowledges that the project will incur ongoing operating expenses and significant debt service. However, without a detailed financial breakdown from SUSD, the City cannot determine the project’s net operating income or evaluate the extent to which financial assistance may be justified.

The City’s current infrastructure is not equipped to meet the demands of future growth. Development impact fees play a vital role in ensuring that new residents have access to essential services and facilities. As Soledad continues to grow, our civic infrastructure has not kept pace. City Hall is now too small to house staff adequately, with multiple employees sharing cramped office spaces. Currently, four police sergeants are confined to a single office. Our roadways also require significant upgrades to increase capacity and improve safety, and we lack sufficient parks and athletic fields to serve our expanding population. If impact fees are waived, the City will not have the necessary funding to expand and improve critical facilities. This would result in continued strain on our roads, parks, and public safety services—ultimately diminishing the quality of life for all residents.

There is no doubt that the SUSD Project will bring needed housing to the City. There is also no disputing that in the current economy, all housing developers face significant financial challenges. The question the Council must answer is whether the value of the SUSD Project justifies a waiver that shifts the burden of paying for project specific impacts on city facilities, infrastructure and services from SUSD to the City.

As an alternative, the Council may wish to consider offering a loan. The City has supported community-benefiting projects in the past by allowing impact fees to be paid over time through structured loan agreements. A recent example is the loan approved for Premiere Cinemas. Although current market interest rates range from 6% to 7%, the City could offer SUSD a below-market loan at 2% interest over a 5- or 10-year term. Under these terms, a 5-year loan for the full $485,740 would result in a monthly payment of $8,513.93. A 10-year loan at the same interest rate would result in a monthly payment of $4,469.46.

This approach would ease the immediate financial burden on SUSD by spreading costs over time while providing the City with a steady revenue stream. As the SUSD Housing Project generates rental income, it is reasonable to expect that SUSD’s ability to make these fixed loan payments will increase over time. Additionally, this arrangement would position the City to fund future capital improvements.

A loan strikes a balance—offering support to SUSD without shifting the burden to City, which will also impact tax-paying residents.
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Attachment A
Attachment B - SUSD Presentation Request for Waiver of City Impact Fees Attachment C - HCD Income and Rent Limits
Financial Considerations
As noted above, approving SUSD’s request for a $485,740 waiver would require the City to either absorb the shortfall through its General Fund or delay critical capital improvement projects. While a full waiver would provide immediate relief to SUSD, it would place a significant financial burden on the City and, by extension, its taxpayers.

A loan, though not without its challenges, offers a more balanced solution. It would ensure that the City receives the funds needed for infrastructure improvements over time, rather than forgoing them entirely. Moreover, the City could use the loan repayments as a reliable revenue stream to support future bonding efforts, helping to finance high-priority projects without compromising fiscal stability.

Alternatives
Staff is seeking direction from the City Council, which could include:

Approving the requested waiver; or
Approving a waiver for a a portion of the involved impact fees; or Disapproving the proposed waiver; or
Considering waiver alternatives, such as a loan.

Planning/CEQA
The City has determined that the proposed action is not a project as defined by the California Environmental Quality Act (“CEQA”). Pursuant to CEQA Guidelines Section 15061(b)(c), it can be seen with certainty that the proposed waiver of impact fees creates no possibility for causing significant effects on the environment.

Public Notice Requirements
None at this time.

Attachment(s):
305
Attachment A
306
307
Request for Waiver of
City Impact Fees
July 2, 2025
308
Agenda
• Supporting Our Soledad Schools: Fee Waiver Request
• Teacher Housing Project Overview and Funding Status
• Funding Gap Challenge
• Impact of City Impact Fees
• Direct Benefit to Soledad Students
• District’s Fiscal Responsibility
• Community Partnership Benefits
• Formal Waiver Request
• Gratitude and Commitment
309
This waiver supports our local
Soledad students by reducing
financial burdens, allowing more
resources to be directed to local
students and educational
programs. Waiving the City’s
impact fees will help close the
teacher housing project’s funding
gap and strengthen the District’s
ability to invest in quality
education for all Soledad children.

Request to Waive
$436,000 in City
Impact Fees
Introduction
310
Overview
Teacher Housing Project Overview and Funding Status
Project Financial Summary Key Financial Figures for the Project • Total Project Budget: $14,147,483
• Measure N Funds Remaining:
$10,640,639
• Total Project Spending to Date:
$2,725,163
• Funding Gap: $2,574,133 with City
Impact Fees Outstanding: $436,000
$14,147,483.00
$10,640,639.00
$2,725,163.00 $2,574,133.00
$436,000.00
Total Project
Budget
Measure N
Funds Remaining
Total Project
Spending to Date
Funding Gap City Impact Fees
Outstanding
Amount
311
Funding
Funding Gap
Challenge
The total estimated outstanding costs for the project
amount to $13,214,772, reflecting the remaining
expenses needed to complete the project.

There are $10,640,639 in Measure N funds still
remaining, which are allocated to help cover these
outstanding costs.

To cover the resulting funding gap of $2,574,133, the
district plans to issue Certificates of Participation
(COPs), a form of borrowing secured by the District’s
General Fund to finance the difference.

Total Estimated
Outstanding
Costs
Measure N
Funds
Remaining
District Solution:

COPs
01 02
03 312
Impact of City Impact Fees
City Impact Fees Details
• City Impact Fees Due: $436,000 (of $511,000 total;
$107,916 already paid)
• Outstanding fees represent a significant portion of
the total impact fees imposed by the City.
• District has demonstrated commitment by paying
approximately 25% of the City Fees ($107,916) so far.

Consequences If Not Waived
• District must borrow more Certificates of
Participation (COPs) to cover unpaid fees.
• COPs repayment comes from District’s General
Fund, reducing resources for students.
• Additional borrowing increases financial strain and
limits funds available for classrooms and programs.

Fees Impact
313
Benefits
Direct Benefit to Soledad Students
Every dollar not spent on fees reduces the
need for additional borrowing through
Certificates of Participation (COPs), directly
lowering District debt.

Reduced COPs borrowing means more
general fund dollars are available to invest in
classrooms, teachers, and student programs.

The waiver of City impact fees directly
benefits Soledad students by increasing
educational resources.

Waiving Fees = Less
Borrowing
General Fund
Savings
City’s Contribution
314
Fiscal
Fiscal Responsibility
All available Measure N funds
are fully committed to the
teacher housing project,
demonstrating careful use of
resources without excess.

Issuing Certificates of
Participation (COPs) is
considered a last resort due to
the increased long-term costs
and financial burden on the
District.

District Maximizing Funds COPs as Last Resort
Waiving the City impact fees
offers immediate financial relief,
helping close the funding gap
without requiring new debt or
borrowing by the District for the
payment of the City impact fees.

Additional borrowing through
COPs increases the District’s
long-term debt, impacting future
budgets and resources available
for Soledad students.

Waiver Provides Relief Avoiding Increased Debt
315
Community Partnership Benefits
City and District Working Together
• Waiving City impact fees shows tangible support and
commitment from the City to local education.
• Demonstrates a strong partnership between the City and District.
• Encourages ongoing collaboration for future community benefit.

Long-Term Community Impact
• The teacher housing project improves the quality of
education for all students.
• More educational resources and programs benefit
students and families throughout the City.
• Stronger schools lead to a healthier, more vibrant City economy.

Partnership
316
Formal Waiver Request
• The District formally request that the City waive the remaining $436,000 in City impact fees
• By doing so, the outcome will be stronger schools,
less debt, and more resources for Soledad students
• This waiver will directly reduce the District’s
borrowing needs and free up funds for educational
programs
Request
317
Gratitude and Commitment
• Thank you for your thoughtful consideration of our
request to waive the $436,000 in City impact fees.
• We are deeply committed to accountability in how all
funds are managed and utilized.
• Our focus remains on maximizing resources directly
for students and providing much needed housing for
our District teachers.
• We appreciate the partnership and support from the
City to strengthen our Soledad schools and
community.

Conclusion
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MAXIMUM ALLOWABLE HOUSEHOLD INCOME PROGRAM YEAR 2025
U.S. Department of Housing and Urban Development (HUD) & Department of Housing and Community Development (HCD) Income Limits for Monterey County Effective May 2025
Monterey County Area Medium Income: $104,500
*EXTREMELY LOW-INCOME (CDBG HUD Limits, 30% AMI)

HOUSEHOLD SIZE INCOME
1 $30,400
2 $34,750
3 $39,100
4 $43,400
5 $46,900
*VERY LOW-INCOME (CDBG HUD Limits, 50% AMI)

HOUSEHOLD SIZE INCOME
1 $50,600
2 $57,850
3 $65,100
4 $72,300
5 $78,100
*LOW-INCOME (CDBG HUD Limits, 80% AMI)

HOUSEHOLD SIZE INCOME
1 $81,000
2 $92,600
3 $104,150
4 $115,700
5 $125,000
MEDIAN INCOME (100% OF HCD Published AMI)

HOUSEHOLD SIZE INCOME
1 $73,150
2 $83,600
3 $94,050
4 $104,500
5 $112,850
MODERATE INCOME (120% OF HCD Published AMI)

HOUSEHOLD SIZE INCOME
1 $87,800
2 $100,300
3 $112,850
4 $125,400
5 $135,450
x The median income category in the table above is used to calculate all of the below max rent limits.

Updated July 2025
HUD Limits Effective May 2025
HCD Limits Effective May 2025
Attachment C
319
Inclusionary Ordinance Rents Chart
@30% of Gross Income
Based on 2025 HUD & HCD Income Data
Income Levels Household
Size
Income Unit Size Monthly
Inclusionary Rent
Very Low Income
(50% of AMI)
1 $50,600 Studio $1,265
2 $57,850 1 Bdrm $1,446
3 $65,100 2 Bdrm $1,628
4 $72,300 3 Bdrm $1,808

Low Income
(80% of AMI)
1 $81,000 Studio $2,025
2 $92,600 1 Bdrm $2,315
3 $104,150 2 Bdrm $2,604
4 $115,700 3 Bdrm $2,893

Median Income*
(100% of AMI)
1 $73,150 Studio $1,829
2 $83,600 1 Bdrm $2,090
3 $94,050 2 Bdrm $2,351
4 $104,500 3 Bdrm $2,613

Moderate Income
(120% of AMI)
1 $87,800 Studio $2,195
2 $100,300 1 Bdrm $2,508
3 $112,850 2 Bdrm $2,822
4 $125,400 3 Bdrm $3,135
x If tenant pays utilities, then the maximum rent shall be reduced by the Housing Authority of the County of Monterey most recently calculated utility allowances.

Updated July 2025
HUD Limits Effective May 2025
HCD Limits Effective May 2025 320

HOUSING AUTHORITY OF THE COUNTY OF MONTEREY

ENERGY EFFICIENT UTILITY ALLOWANCE
For Qualified
APARTMENT and TOWNHOUSE
EFFECTIVE January 1, 2024 thru December 31, 2025
Utility or Service
SRO 0 BR 1 BR 2BR 3 BR 4BR 5BR
Heating a. Natural Gas 17 23 27 31 36 41 45
b. Bottle Gas 28 -
38 45
-
50 -
56 -
61 -
67 -
c. Electric 13 18 22 32 40 47 54
d. Electric Pump 11 15 19 26 29 32 36
Cooking a. Natural Gas 3 4 5 7 9 11 13
b.Bottle Gas 57 8 12 15 19 23
c.Electric 57 8 13 17 21 28
Other Electric 19 26 31 43 55 68 81
Water Heating a. Natural Gas 69 11 15 20 26 31
b.Bottle Gas 11 15 18 26 34 42 50
c. Electric 12 17 20 26 35 44 50
Water 46 62 66 93 153 213 273
Sewer 39 52 52 52 52 52 52
Trash Collection 20 27 27 27 27 27 27
Range 15 20 20 20 20 20 20
Refrigerator 18 25 25 25 25 25 25
Microwave 4 6 6 66 66
321

HOUSING AUTHORITY OF THE COUNTY OF MONTEREY

FOR ALL AREAS OF MONTEREY COUNTY
Housing Choice Voucher Program, Allowances for Tenant-Purchased Utilities & Other Services

DETACHED HOUSE
Effective January 1, 2024 thru December 31, 2025
Utility or Service Monthlv Dollar Allowances
(Microwave allowance is applicable only if
there is not a range)
HACM Utility Allowances Jan 1 2024 - Dec 31 2025
Utility or Service Monthlv Dollar Allowances
0BR 1 BR 2BR 3BR 4BR 5BR
Heating
Cooking
a. Natural Gas 41 50 59 67 75 82
b. Bottle Gas 66 78 87 97 107 117
c. Electric 56 66 76 86 99 114
d. Electric Pump 32 38 45 51 58 64
a. Natural Gas 5 6 9 11 14 16
b. Bottle Gas 8 10 14 19 23 28
c. Electric 9 11 17 23 29 34
Other Electric 47 56 79 105 132 159
Water Heating a. Natural Gas 14 16 24 32 41 49
b. Bottle Gas 23 27 40 52 64 76
c. Electric 27 34 46 56 68 82
Water 62 66 93 153 213 273
Sewer 52 52 52 52 52 52
Trash Collection 27 27 27 27 27 27
Range 20 20 20 20 20 20
Refrigerator 25 25 25 25 25 25
Microwave 66666 6
Wood 49 49 49 90 90 90
322
SUBJECT: Resolution No. 6273, A Resolution of the City Council of the City of Soledad Dispensing with Bidding Procedures Pursuant to Soledad Municipal Code Section 3.24.040A and Authorizing the Purchase of a Replacement Engine for Fire Engine 37 from Coast Counties Peterbilt in an Amount Not to Exceed $70,000
TO: Honorable Mayor Velazquez and City Council
FROM: Jason Luckenbach, Fire Department Battalion Chief MEETING DATE: August 6, 2025

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 3.

Recommendation
It is recommended that the City Council of the City of Soledad consider and adopt Resolution No.6273, “Dispensing With Bidding Procedures Pursuant to Soledad Municipal Code Section 3.24.040A and Authorizing the Purchase of a Replacement Engine for Fire Engine 37 From Coast Counties Peterbilt in an Amount Not To Exceed $70,000."
Executive Summary
The City’s current front-line fire engine, Fire Engine 37, which responds to 5-6 emergency calls every day, has been diagnosed with a significant engine block issue that has been determined to be unrepairable. Loss of Engine 37 results in a significant potential threat to the Fire Department’s ability to provide emergency services necessary to protect the health, welfare and safety of the City’s residents and businesses. The City obtained a quote from Coast Counties Peterbilt for the replacement of the motor for $66,251.33 and is recommending that the City Council dispense with regular bidding procedures pursuant to Soledad Municipal Code Section 3.24.040. and authorize the purchase of the replacement engine for a cost not to exceed $70,000.

Background
Fire Engine 37, a critical asset for the City of Soledad’s emergency response capabilities, has been experiencing significant mechanical issues. Over the past 3 months, Engine 37, which normally responds to 5-6 emergency calls per day, has faced recurring problems with the motor, including overheating, excessive coolant loss, and loss of power.

These issues have resulted in:

Increased maintenance costs for temporary repairs
Reduced reliability of the engine during emergency responses 323
Potential risk of failure during critical fire suppression calls or medical emergencies A thorough inspection was completed by the fire department mechanics, along with an independent evaluation by Coast Counties Peterbilt, and it has been determined that the motor is beyond repair and needs to be replaced to maintain the engine’s performance and ensure the safety of both the public and our fire personnel.

Review & Analysis
After careful analysis, the Fire Department has determined that replacing the motor in Fire Engine 37 is the most cost-effective and reliable long-term-solution. A new motor will ensure that the fire engine remains fully operational and available for emergency responses, without the risk of mechanical failure during critical situations.

The fire department explored several options, including:

1. Motor Replacement: The recommended motor is a Cummins ISL 8.9L, which is compatible with fire engine 37, and is the same make/model of the motor recently deemed unrepairable. This motor is common in fire engines and is currently still being sold and utilized in similar fire engines. The estimated cost of the motor, including installation and labor is $66,251.33

2. Repairs: It was also considered whether continued repairs on the current motor would be feasible, and unfortunately due to the nature of the mechanical issue, repair costs would continue to rise, and reliability would likely decrease, leading to a motor replacement being the most economical option.

Section 3.24.040-Bidding required-exceptions of the Soledad Municipal Code (“SMC”) provides that all purchases of supplies and equipment shall be by competitive bid unless an exception applies. SMC Section 3.24.040 A.1 provides an exception to the bidding requirements for the purchase of equipment and supplies when an “emergency” (defined in part as a breakdown in machinery or an essential service which requires the immediate purchase of supplies or services to protect the public health, welfare and safety) arises. As was previously noted, the lack of an operable engine for Fire Engine 37 represents a serious and significant threat to the Fire Department’s ability to provide services necessary to protect the health, welfare and safety of the City’s residents and businesses and as such, Staff believes the condition of Fire Engine 37’s motor qualifies as such an emergency. The proposed provider, Coast Counties Peterbilt, is the nearest and most reliable source of the required engine replacement.

In light of the foregoing, the Council is being asked to consider the adoption of a resolution dispensing with formal bidding requirements and authorizing the purchase of a replacement engine for Fire Engine 37 from Coast Counties Peterbilt for a cost not to exceed $70,000.

Financial Considerations
The total cost for replacing the motor in fire engine 37 is estimated to be $66,251.33.

This cost includes:

Purchase of new motor - $48,812.33
Purchase of miscellaneous parts - $1,500
Purchase of bulk oil - $189
Labor - $15,500
Shop Supplies - $250
General Fund Reserves will be used for this motor replacement. 324
Resolution No. 6273
Exhibit A
Alternatives
Approve the Resolution as recommended.

Do not approve the Resolution and provide other direction to staff. This is not recommended as this would leave the department without its primary Fire Engine until the ladder truck is placed into service.

Planning/CEQA
The City of Soledad has determined that the proposed action of purchasing a fire engine motor is not a project as defined by the California Environmental Quality Act (CEQA) per Guidelines Section 15378.

Because the proposed action and this matter have no potential to cause any effect on the environment, analysis under CEQA is unnecessary.

Public Notice Requirements
Not Applicable.

Attachment(s):
325
RESOLUTION NO. 6273

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD

DISPENSING WITH BIDDING PROCEDURES PURSUANT TO SOLEDAD
MUNICIPAL CODE SECTION 3.24.040A AND AUTHORIZING THE PURCHASE OF A REPLACEMENT ENGINE FOR FIRE ENGINE 37 FROM COAST COUNTIES PETERBILT IN AN AMOUNT NOT TO EXCEED $70,000
WHEREAS, the City’s front line Fire Engine 37, is a critical asset in ensuring the safety of the community; and
WHEREAS, the current motor in Engine 37 has been experiencing persistent mechanical issues, including continuous overheating, loss of coolant, and loss of power, which have led to increased repair costs and potential risks to the safety and efficiency of fire operations; and WHEREAS, a thorough inspection by the fire department’s mechanics and an independent evaluation by Coast Counties Peterbilt, a nearby and reliable service and parts provider, have concluded that the replacement of the motor is the most cost effective and safe long-term solution to maintain the fire engine’s operational readiness; and WHEREAS, the City’s fire department has reviewed options for a replacement motor, and after careful consideration, recommends the purchase and installation of the Cummins ISL 8.9L motor and components for Fire Engine 37 from Coast Counties Peterbilt; and WHEREAS, the total estimated cost for the motor replacement, including labor and parts, is not to exceed $70,000 and will come from General Fund Reserves; and WHEREAS, while all purchases of supplies and equipment in Soledad in excess of $50,000 are to be made by competitive bid, Soledad Municipal Code (“SMC”) Section 3.24.040 A. provides an exception to bidding requirements for the purchase of equipment and supplies when an “emergency” (defined in part as a breakdown in machinery or an essential service which requires the immediate purchase of supplies or services to protect the public health, welfare and safety) arises; and
WHEREAS, the lack of an operable engine for Fire Engine 37 represents a serious and significant threat to the Fire Department’s ability to provide services necessary to protect the health, welfare and safety of the City’s residents and businesses, and as such, Staff believes the condition of Fire Engine 37’s motor qualifies as an emergency per SMC Section 3.24.040 allowing the City to dispense with bidding; and
WHEREAS, the replacement of the motor will ensure that fire engine E37 remains fully operational and able to respond to emergencies in a timely and effective manner, thereby ensuring the continued safety and well-being of the citizens in the City of Soledad. 326
NOW THEREFORE BE IT HEREBY RESOLVED by the City Council of the City of Soledad as follows:

1. All of the recitals set forth above are true and correct and incorporated herein by reference.

2. The lack of an operable engine for Fire Engine 37 represents a serious and significant threat to the Fire Department’s ability to provide services necessary to protect the health, welfare and safety of the City’s residents and businesses and as such, the Council finds that the condition of Fire Engine 37’s motor qualifies as an emergency pursuant to Soledad Municipal Code Section

3.24.040. Therefore, the Council hereby authorizes Staff to dispense with normal bidding procedures and to proceed with the proposed purchase involved herein without formal bidding.

3. The Council hereby approves and authorizes the City Manager to execute all documents necessary to purchase a Cummins ISL 8.9L motor and components in an amount not to exceed $70,000, from Coast Counties Peterbilt-Salinas, pursuant to the quote attached hereto as Exhibit A, and by this reference incorporated herein.

PASSED AND ADOPTED by the CityCouncil of the City of Soledad, at a regular meeting duly held on the 6
th day of August 2025, by the following vote:

AYES, and in favor thereof Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

ANNA M. VELAZQUEZ, Mayor
ATTEST:

MEGAN HUNTER, City Clerk
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EXHIBIT A
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SUBJECT: Resolution No. 6272, A Resolution of the City Council of the City of Soledad Approving a Two (2) Year Wastewater Biosolids Management Services Agreement with Synagro- WWT. Inc., for a Firm-Fixed Price of $89.97 per Ton, Resulting in Total Annual Costs of $467,844 for an Estimated 5,200 Tons per Year, and Approving Said Agreement in Substantial Form and Content, Subject to Final Approval by the City Manager and City Attorney, and Approving a FY 25/26 Budget Amendment (Transfer) in the Amount of $336,344
TO: Honorable Mayor Velazquez and City Council
FROM: Carla James, Water Resources Manager
MEETING DATE: August 6, 2025

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 4.

Recommendation
It is recommended that the City Council of the City of Soledad consider and adopt Resolution No.6272, “Approving a Two (2) Year Wastewater Biosolids Management Services Agreement with Synagro- WWT. Inc., for a Firm-Fixed Price of $89.97 per Ton, Resulting in Total Annual Costs of $467,844 for an Estimated 5,200 Tons per Year, and Approving Said Agreement in Substantial Form and Content, Subject to Final Approval by the City Manager and City Attorney, and Approving a FY 25/26 Budget Amendment (Transfer) in the Amount of $336,344.”
Executive Summary
The City of Soledad (City) solicited a Request for Proposals (RFP) for wastewater biosolids management services to handle and process approximately 5,200 Tons of biosolids annually towards beneficial reuse. The City received a proposal from Synagro- WWT, Inc. (Synagro) that meets the criteria set forth in the RFP. The City would like to enter into a two-year agreement for a firm-fixed price of $89.97 per Ton, which will result in total annual costs of $467,844. The agreement with Synagro would necessitate the transfer of $336,334 from the Sewer Fund to the Sludge Disposal Budget Line 310-0000-52526, which currently contains $131,500.

The resulting agreement with Synagro will allow the City to become compliant with regulations set forth in Senate Bill (SB) 1383, which aims to reduce landfill disposal and divert organics (including biosolids) towards beneficial reuse. Up until recently, Soledad was able to dispose of biosolids at the Johnson Canyon Landfill near Gonzales at a discounted rate as biosolids were allowed to be used as alternative daily cover. However, wastewater biosolids disposal has become more complex and 329
expensive in recent years due to SB 1383 compliance requirements.

Background
Sewage sludge is the semi-solid, nutrient-rich product that is the result of separating liquids from solids during wastewater treatment. Sewage sludge is more commonly referred to as biosolids. The City’s Water Reclamation Facility (WRF) generates approximately one hundred (100) tons of biosolids each week, or five thousand, two hundred (5,200) tons annually. The biosolids are dewatered via screw press, typically to about eighteen (18) percent solids, or roughly eighty-two (82) percent moisture.

Production of biosolids is seven (7) days per week, with approximately fourteen (14) tons produced each operating day.

The biosolids generated at the City’s WRF are sub-Class B – that is – the biosolids do not meet Class B with respect to pathogens and the vector attraction reduction requirements as defined in Title 40 Chapter I Subchapter O Part 503 “Standards for the Use or Disposal of Sewage Sludge” promulgated by the United States Environmental Protection Agency (USEPA; “EPA 503”). EPA 40 CFR 503. This means the City’s biosolids cannot be used for beneficial reuse (i.e., compost) unless further processed to EPA 503 standards.

Biosolids had historically been moved from the screw press dewatering unit to open areas at the WRF and mechanically dried via windrow processing by City staff before being hauled offsite for disposal as Class B. The windrowing practice had led to a large stockpile of dried biosolids because biosolids accumulated faster than the rate of biosolids removal (i.e., hauling and disposal). which resulted in a large backlog of dried biosolids. After a regulatory site visit by the SWRCB in 2024, the City was informed that biosolids generated at the WRF cannot be stored onsite due to State Water Resources Control Board (SWRCB) groundwater regulations. The WRF property does not have lined beds designated for thermal drying of biosolids and therefore biosolids cannot be stored onsite for extended duration due to the possibility of groundwater infiltration/contamination. Biosolids must be transported offsite for further processing within one to two days after being produced. Contamination of groundwater exposes the City to potential violations and fines from the SWRCB. From late fall 2024 through early spring 2025, the backlog of stockpiled biosolids at the WRF was hauled and disposed of by Holloway Environmental, LLC (Holloway) on an invoice-received basis.

In March 2025, the City entered into an agreement with Holloway for hauling and disposal services of biosolids coming directly from the screw press dewatering unit without windrow drying. This procedural change also aligned with a 2023/2024 Cannon Corporation (Cannon) study that investigated an alternative disposal option whereby biosolids could be directly hauled and disposed of without windrow drying. Cannon determined that the direct disposal of biosolids with a higher moisture content was less costly than windrowing after considering staff labor and equipment maintenance costs, including an estimated $1,097,300 to replace the windrowing equipment that is now beyond repair.

Cannon identified two potential vendors for the direct disposal option – Holloway, and Synagro- WWT, Inc. At the time of Cannon’s investigation, Holloway’s price per Ton was sixty-one (61) dollars, compared to Synagro at ninety (90) dollars per Ton, a significant difference.

The March 2025 Holloway agreement that ended on June 30, 2025 had contract pricing of sixty-nine (69) dollars per Ton, slightly more than the sixty-one (61) dollars per Ton identified in the Cannon study. Under the recent Holloway agreement, with hauling and disposal to Holloway’s Industrial Waste Landfill in Lost Hills, CA, the City was not meeting California State regulatory standards set forth by Senate Bill 1383 (SB 1383) in terms of organic waste reduction targets. The requirements of SB 1383 focus on diverting organic waste, including biosolids, from landfills and promoting their beneficial 330
reuse, such as for soil amendment (e.g., compost). The Holloway agreement of landfill disposal at one hundred (100) percent, or zero (0) percent diversion of biosolids towards beneficial reuse, was noncompliant with SB 1383.

SB 1383 establishes requirements under California Code of Regulations, Title 14 – Natural Resources, Division 7 – Department of Resources Recycling and Recovery, Chapter 12 – Short-Lived Climate Pollutants. Chapter 12 (General Provisions and Articles 1-17, Sections 18981.1-18998.4) establishes the regulatory requirements for jurisdictions, generators, haulers, solid waste facilities, and other entities to achieve the organic waste disposal reduction targets codified in Section 39730.6 of the Health and Safety Code (H&SC) and Chapter 13.1 of Division 30 of the Public Resources Code.

Wastewater biosolids are classified as organic waste and therefore subject to the statewide reduction targets. Specifically, H&SC Section 39730.6 includes a target of 75 percent reduction in the level of the statewide reduction of organic waste from the 2014 by 2025. A publicly owned treatment works (POTW), such as the City’s WRF, cannot send more than 25% of the biosolids it produces to an end use which constitutes landfill disposal.

SB 1383 was signed into law in 2016 and was designed with a compliance schedule through 2025.

Much of the early focus for municipalities was on food-waste diversion, and not biosolids.

Regionalized biosolids management efforts in larger metropolitan areas, such as the Bay Area, got an early start after the initiation of SB 1383. The Bay Area Biosolids Coalition (BABC) (https://www.bayareabiosolids.com/), for example, have produced positive outcomes with economyof-scale for their coalition members. The City, being geographically isolated from the Bay Area, cannot participate in those same cost-saving measures, and currently must operate under a standalone wastewater biosolids management services agreement.

Note that the City can, however, take full advantage of the work that BABC is currently involved with – namely, advocacy, research, biosolids reuse, and emerging technology evaluation. Future biosolids management options in the future may include regional endeavors within Monterey County. The City is following SB 1383 guidance provided by the Salinas Valley Solid Waste Authority (SVSWA) and Cal Recycle to keep current with developments in biosolids handling. In addition, the City has reached out to providers of alternative technologies to explore other sustainable systems that transform biosolids into valuable products. So far, the sustainable systems on the market have been shown to have high capital investment requirements and large operation and maintenance costs.

Review & Analysis
On May 22, 2025, the City released a Request for Proposals (RFP) for Wastewater Biosolids Management Services seeking a biosolids management firm to remove, transport, and process wastewater biosolids to Class B standards (or better) for beneficial reuse in accordance with California State regulatory standards set forth by SB 1383.

The City received one proposal submission by the June 09, 2025 due date, from Synagro- WWT, Inc.

Holloway did not submit a proposal to the RFP, and communicated verbally with City staff that the reason for are unable to meet the requirement of at least seventy-five (75) percent biosolids diversion for beneficial reuse.

Although there were no other submittals for comparison, the Synagro proposal aligned with the City’s environmental goals, was deemed complete, and was benchmarked against the following four equally weighted evaluation categories defined in the RFP:
331

1. Respondent Qualification, Experience, and References

2. Qualifications and Experience of Key Personnel

3. Project Understanding and Management Plan

4. Reasonableness of Cost
Synagro’s proposal excelled in the first three categories and is best summed up in Synagro’s June 09, 2025 proposal letter which states that their “mission and core business purpose is focused on the management of municipal biosolids, including project development, operations, and biosolids product recycling.”
For the fourth category, Reasonableness of Cost, Synagro’s proposed costs were compared to costs that other comparable public agencies, districts, or cities have paid for similar services and to what is considered to be the industry’s standard and customary costs for the services. The Synagro proposal was also compared to the cost estimate from the Cannon Study, provided by Synagro in 2024, which was ninety (90) dollars per Ton at the time.

The City is unique among the neighboring cities in the Salinas Valley (City of Gonzales, City of Greenfield, and City of King City) that do not utilize similar wastewater treatment and therefore do not process solids in the same manner as the City. The three Salinas Valley cities have pond settling treatment systems, whereas the City has a biological nutrient reactor (BNR) wastewater treatment technology with a solids separation process that produces a daily output of biosolids. The other cities use sewer pond treatment systems where solids are deposited at the bottom of the ponds and only get removed when the ponds begin to lose settling capacity due to the buildup of solids sludge. Many cities (not only those in the Salinas Valley) have chosen to delay the periodic draining and removal of biosolids from their pond systems. The City of Soledad cannot delay biosolids removal.

The City is aware of two other wastewater entities in Monterey County who have agreements for biosolids management. The Carmel Area Wastewater District (CAWD) in Carmel, CA, with roughly half the treatment flow of Soledad, uses Synagro for biosolids management. Synagro’s price schedule for the City, eighty-nine dollars and ninety-seven cents ($89.97) per Ton, is the exact same pricing as Synagro’s current pricing to CAWD. Similarly, a much larger wastewater treatment facility, Monterey One Water (M1W) in Marina, CA, an agency that used to be able to dispose of their entire biosolids production in the nearby landfill, is now using a third-party biosolids management firm, as they are now allowed only a portion of their biosolids for landfill disposal.

Synagro’s proposal offers geographic diversity and redundancy, using two different permitted facilities (Synagro’s Liberty Composting and/or Central Valley Compost (CVC) to process and beneficially reuse one hundred percent of the City’s biosolids for Class A Exceptional Quality (EQ) composting.

The City is negotiating some small requested changes to the City’s Consulting Services Agreement between Synagro and the City of Soledad, and is presently seeking Council approval for the Agreement in substantial form and content only.

Financial Considerations
Transfer $336,344 from the Sewer Fund to Budget Line 310-0000-52526 Sludge Disposal Budget Line 310-0000-52526 Sludge Disposal currently contains $131,500. The addition of $336,344 will create a total amount of $467,844, the necessary amount to cover the Synagro Agreement for 332
Resolution No. 6272
Attachment A - Synagro BiosolidsConsultant Services Agreement Attachment B - Synagro Proposal
Attachment C - WRF Biosolids Disposal Alternatives
Wastewater Biosolids Management Services.

Alternatives
Adopt the attached resolution.

Do not adopt the attached resolution. This is not recommended, as Synagro’s proposal meets all RFP requirements and will enable the City to comply with SB 1383.

Planning/CEQA
The Contract/Agreement is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378) since the subject matter does not cause a direct or foreseeable indirect physical change on or in the environment. Any subsequent discretionary projects resulting from this action will be subjected to CEQA Review.

Public Notice Requirements
None Required.

Attachment(s):
333
RESOLUTION NO. 6272

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD APPROVING A TWO (2) YEAR WASTEWATER BIOSOLIDS MANAGEMENT SERVICES AGREEMENT WITH SYNAGRO- WWT. INC, FOR A FIRM-FIXED PRICE OF $89.97 PER TON, RESULTING IN TOTAL ANNUAL COSTS OF $467,844 FOR AN ESTIMATED 5,200 TONS PER YEAR, AND APPROVING SAID

AGREEMENT IN SUBSTANTIAL FORM AND CONTENT, SUBJECT TO FINAL

APPROVAL BY THE CITY MANAGER AND CITY ATTORNEY, AND APPROVING A FY 25/26 BUDGET AMENDMENT (TRANSFER) IN THE AMOUNT OF $336,344 WHEREAS, the City’s Water Reclamation Facility (WRF) generates approximately one hundred (100) tons of biosolids each week, or five thousand, two hundred (5,200) tons annually; and
WHEREAS, the biosolids are dewatered via screw press, typically to about eighteen (18) percent solids, or roughly eighty-two (82) percent moisture; and WHEREAS, production of biosolids is seven (7) days per week, with approximately fourteen (14) tons produced each operating day; and
WHEREAS, the WRF property does not have lined beds designated for thermal drying of biosolids and therefore biosolids cannot be stored onsite for extended duration due to the possibility of groundwater infiltration/contamination; and WHEREAS, contamination of groundwater exposes the City to potential violations and fines from the SWRCB; and
WHEREAS, a publicly owned treatment works (POTW), such as the City’s WRF, cannot send more than 25% of the biosolids it produces to an end use which constitutes landfill disposal; and
WHEREAS, Senate Bill 1383 (SB 1383) establishes the regulatory requirements for jurisdictions, generators, haulers, solid waste facilities, and other entities to achieve the organic waste disposal reduction targets of at least seventy-five (75) percent; and WHEREAS, the City of Soledad (City) solicited a Request for Proposals (RFP) for wastewater biosolids management services to handle and process approximately 5,200 Tons of biosolids annually towards beneficial reuse to be compliant with SB 1383; and WHEREAS, the City received a proposal from Synagro- WWT, Inc. (Synagro) that meets the criteria set forth in the RFP; and
WHEREAS, the City would like to enter into a two-year agreement for a firm-fixed price of $89.97 per Ton, which will result in total annual costs of $467,844; and 334
WHEREAS, the agreement with Synagro would necessitate the transfer of $336,334 from the Sewer Fund to the Sludge Disposal Budget Line 310-0000-52526, which currently contains $131,500; and
WHEREAS, the Contract/Agreement is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378) since the subject matter does not cause a direct or foreseeable indirect physical change on or in the environment. Any subsequent discretionary projects resulting from this action will be subjected to CEQA Review; and
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Soledad, that the Council approves a Two (2) Year Wastewater Biosolids Management Services agreement with Synagro- WWT. Inc, for a firm-fixed price of $89.97 per Ton, resulting in total annual costs of $467,844 for an estimated 5,200 Tons per year, and approves said agreement in substantial form and content, subject to final approval by the City Manager and the City Attorney, and approves a FY 25/26 budget amendment (transfer) in the amount of $336,344.

PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting duly held on the 6
th day of August 2025, by the following vote:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

ANNA M. VELAZQUEZ, Mayor
ATTEST:
________________________________
MEGAN HUNTER, City Clerk
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CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF SOLEDAD AND
SYNAGRO-WWT, INC.

THIS AGREEMENT for consulting services is made by and between the City of Soledad (“City”) and Synagro-WWT, Inc. (“Consultant”) (together referred to as the “Parties”) as of August 06, 2025 (the “Effective Date”).

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A , and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on __June 30, 2027__, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.

1.5 Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the Labor Code applicable to public works, to the extent set forth in Exhibit B. Consultant shall waive, indemnify, hold harmless, and defend City concerning any liability arising out of Labor Code Section 1720 et seq.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $467,844.00 annually, notwithstanding any contrary indications that may be contained in Consultant’s Attachment A
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proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.

Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
 Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
 The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
 At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
 The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
 The Consultant’s signature;
 Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City 337
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shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.6 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.7 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may 338
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arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City.

Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than TWO MILLION DOLLARS $2,000,000 per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than FOUR MILLION DOLLARS $4,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and nonowned automobiles.

4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance 339
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Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an occurrence basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance 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.
d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than TWO MILLION DOLLARS $2,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. 340
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c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of five years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.

4.4 Pollution Liability Insurance

4.4.1 General requirements. Consultant, at its cost and expense, must maintain pollution liability insurance for the term of the Agreement in an amount not less than TWO MILLION DOLLARS $2,000,000 protection against claims arising from pollution and environmental damage resulting from activities contemplated under this Order (Agreement).

4.5 All Policies Requirements.

4.5.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

4.5.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

4.5.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

4.5.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). 341
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4.5.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.

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

4.5.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

4.6 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
 Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.

Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.

The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until 342
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disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.

With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type to express or implied indemnity against the Indemnitees.

Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 343
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7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

Consultant may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 344
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8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.

Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.

8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall included, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.
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9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.

9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

Section 10 MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Monterey or in the United States District Court for the Northern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
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10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant.

Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.9 Contract Administration. This Agreement shall be administered by __Megan Hunter, City of Soledad City Manager__ ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

10.10 Notices. Any written notice to Consultant shall be sent to:

Synagro-WWT, Inc.
435 Williams Court, Suite 100
Baltimore, MD 21220
Attn: Craig Geyer, Vice President/Regional Operations
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Any written notice to City shall be sent to:

City of Soledad
PO Box 156
Soledad, CA 93960
Attn: Carla James, Water Resources Manager

10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A Scope of Services
Exhibit B Public Works Requirements

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. [SIGNATURES ON FOLLOWING PAGE]
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The Parties have executed this Agreement as of the Effective Date.

CITY OF SOLEDAD SYNAGRO- WWT, INC.
____________________________ ______________________________ Megan Hunter, City Manager Craig Geyer, Vice President/Regional Operations Attest:
____________________________
Megan Hunter, City Clerk
Approved as to Form:
____________________________
Michael Rodriquez, City Attorney
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EXHIBIT A

SCOPE OF SERVICES
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EXHIBIT B

PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.

HOURS OF WORK:

A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract.

B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one-and-one-half times the basic rate of pay.

C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.

WAGES:

A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.

B. In accordance with Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply Labor Code Section 1775, which establishes a penalty of up to $50 per day for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of 351
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City of Soledad and Synagro- WWT, Inc. --Exhibit B Page 2 of 3 prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:

1. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.

2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.

3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.

4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.

C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

1. The information contained in the payroll record is true and correct.

2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.

The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the 352
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D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.

E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Contractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 353
Proposal for
Wastewater Biosolids Management Servicesto the
City of Soledad
Submitted on
June 9, 2025

YOUR PARTNER FOR A CLEANER,

GREENER WORLD
354
435 Willams Court, Suite 100
WWWSYNAgLO.COM
Baltimore, MD 21220 SYNAG| Ö
JUNE 9, 2025
City of Soledad248 Main StreetSoledad, CA 93960
Re: Proposal for Wastewater Biosolids Management Services Ladies and Gentlemen:

Synagro- WWT, Inc. (Synagto) is pleased to tespond to the City of Soledad’s RFP for Wastewater Biosolids Management Services and have enclosed our proposal for your review.

Synagro’s mission and core business purpose is focused on the management of municipalbiosolids, including project development, operations, and biosolids product recycling, This focushas resulted in Synagro being North America’ leading provider of high-quality, cost-effectivebiosolids management and beneficial use services. We have been successfully meeting thebiosolids management needs of hundreds of generators for more than 45 years. Synagro’s experience in all areas of biosolids management is unparalleled and diversified.More than 600 local government agencies from across the United States rely on Synagro as their biosolids management partner. To serve those customers, Synagro has more than 1,200 dedicated employees, providing a deep talent base and understanding of our industry. Ourcustomers are supported by this unique pool of resources with unparalleled knowledge, skills,and ability in biosolids management including a Services Group that provides service and manages events such as digestor and lagoon cleaning, and dewatering including emergency situations. Through these additional services, Synagro provides a broad foundation of support for our customers.

In concert with the City’s environmental goals, Synagro is proposing to process and beneficially use 100% of the City’s biosolids through composting at one of our regional compost facilities — Liberty Composting or Central Valley Compost (CVC). These facilities have the permitted capacity to process the City’s biosolids. Through this approach Synagro is offering the City security of beneficial use through geographic diversity for Class A EQ composting. 355
City of Soledad
June 9, 2023