AMENDED
AGENDA
Wednesday, July 6, 2022 5:00 P.M. Closed Session
6:30 P.M. Open Session
REGULAR MEETING
CITY COUNCIL, AIRPORT COMMISSION,
MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK SUSTAINABLE
COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR AGENCY OF THE FORMER
MARINA REDEVELOPMENT AGENCY AND MARINA GROUNDWATER
SUSTAINABILITY AGENCY
Council Chambers
211 Hillcrest Avenue
Marina, California
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556
In accordance with California Government Code §54953(e)(1)(A) and (C) and the Proclamation of a State of Emergency issued by Governor Newsom o n March 4, 2020, under the provisions of Go vernment Code §8625 related to the COVID -19 (coronavirus) pandemic, consistent with recommendations by State and local health officials regarding social distancing and in order to prevent an imminent risk to the health and safety of attendees as determine d in Resolution 2022-78, public participation in City of Marina City Council public meetings shall be electronic only and without a physical location for public pa rticipation until the earlier of May 31, 2022, or such time as the City Council may ado pt a resolution in accordance with Government Code §54953(e)(3). This meeting is being broadcast “live” on Access Media Productions (AMP) Community Televis ion Cable 25 a nd on t he City of Marina Channel and on the i nternet a t https://accessmediaproductions.org/
PARTICIPATION
You may participate in the City Council meeting in real-time by calling Zoom Meeting via the weblink and phone number provided at the top of this a genda. Instructions on how to acce ss, vie w a nd participate in remote meetings are provided by visiting the City’s home page at https://cityofmarina.org/. Attendees can make oral comments during the meeting by usi ng the “Raise Your Hand” feature in the webinar or by pressing *9 on your telephone keypad if joining by phone only. If you are unable to participate in real-time, you may email to [email protected] with the subject line “Public Comment Item#__ ” (insert the item number relevant to your comment) or “Public Comment – Non Agenda Item.” Comments will be reviewed and distr ibuted before the mee ting if received by 5:00 p.m. on the day of the meeting. All com ments received will become part of t he record. Council will have the option to modify their action on items based on comments received.
AGENDA MATERIALS
Agenda materi als, staff reports an d background i nformation related to regular agenda items are available on the City of Marina’s websit e www.cityofmarina.org. Materials r elated to an item on this agenda submitted to the Coun cil after distributio n of the agend a packet will be made available on the City of Mari na website www.cityofmarina.org subject to City staff’s ability to post the documents before the meeting
Agenda for City Council Meeting of Wednesday, July 6, 2022 Page 2
VISION STATEMENT
Marina will grow and matu re from a small town bedroom community to a small city which i s diversified, vibrant and through positive relationships with regional agencies, self-sufficient. The City will develop in a way that insulates it from the negative impacts of urban sprawl to become a desir able residential and business community in a natural setting. (Resolution No. 2006-112 - May 2, 2006)
MISSION STATEMENT
The City Council will provide the leadership in protecting Marina’s natural setting while developing the City in a way t hat provides a balance of housing, jobs and business opportuni ties that will result in a community c haracterized by a desirable quality of life, including recreation and cultural opportunities, a safe environment and an economic viability that supports a h igh level of m unicipal services and infrastructure. (Resolution No. 2006-112 - May 2, 2006)
1. CALL TO ORDER
2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Com munities Nonpr ofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Ma rina Groundwater Sustainability Agency)
Cristina Medina Dirksen, David Burnett, Lisa Berkley, Mayor Pro -Tem/Vice Chair Kathy Biala, Mayor/Chair Bruce C. Delgado
3. CLOSED SESSION: As permitted by Government Code Sect ion 54956 et seq., the (City Council, A irport C ommissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonpr ofit Corporation, Successor Agency of the Former Redevelopment Age ncy M embers and Ma rina Groundwater Sustainabili ty Agency) may adjourn to a C losed or E xecutive Session to consider specific matters dealing with litigation, certain personnel matters, property negotiations or to confer with the City’s Meyers -Milias- Brown Act representative.
a. Conference with Legal Counsel – Potential litigation, exposure to litigation per: “Conference with Legal Counsel – anticipated litigation, significant exposure to litigation pursuant to paragraph (2) (d) of CA Govt. Code se c. 54956.9 – Four potential cases
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN I N
CLOSED SESSION
4. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
5. SPECIAL PRESENTATIONS:
6. SPECIAL ANNOUNCEMENTS AND COMMUNICATIONS FROM THE FLOOR: Any member of the Public or the City Council may make an announcement of special events or meetings of interest as information to Council a nd Public. Any member of the pub lic may comment on any matter within the City Council’s jurisdiction which is not on the agenda. Please state your name for the record. Action will not be taken on an item that is not on the agenda. If it requires action, it will be referred to staff and/o r pla ced on a futu re agenda. City Cou ncil members or City staff ma y briefly respond to statements made or que stions posed as permitted by Government Code Sec tion 54954.2. In order that all interested parties have an opportunity to speak, please limit comments to a maximum of four (4) minutes. Any member of the public may comment on any matter listed on this agenda at the time the matter is being considered by the City Council.
Agenda for City Council Meeting of Wednesday, July 6, 2022 Page 3
7. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FO RMER MARINA REDEVELOPMENT AGENCY: Background information has been pr ovided to the S uccessor Agency of the former Redevelopment Agency on all matters listed under the Consent Agenda, and these item s are considered to be routine. Al l items under the Consent Agenda are normally approved by one motion. Prior to such a motion being made, any member of the public or the City Council may a sk a quest ion or make a c omment a bout an agenda item and s taff wil l provide a response. If discussi on or a lengthy explanation is re quired, that item will b e removed from the Consent Agenda for Successor Agency to the former Marina Redevelopment Agency and placed at the end of Other Action Items Successor Agency to the former Marina Redevelopment Agency.
8. CONSENT AGENDA: Background information has been provid ed to the City Council, Airport Commission, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency on all matters listed under the Consent Agenda, and these items are considered to be routi ne. All items under the Consent Agenda are normally appro ved by one motion. Prior to such a m otion being made, any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will provide a response. If di scussion or a lengthy ex planation is required, that item will be removed from the Consent Agenda and placed at the end of Other Action Items. a. ACCOUNTS PAYABLE:
(1) Accounts Payable Check Numbers 100165-100267; and EFT’s, totaling $731,366.65 b. MINUTES: None
c. CLAIMS AGAINST THE CITY:
(1) City Council Rejection of Claim - staff recommends that the City Council reject the f ollowing claim and direct sending appropriate notice of r ejection to claimant: Jennifer Geertsen for a claim received on June 22, 2022. d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS:
(1) City Council cons ider adopting Resolution No. 202 2-, confirming levy of the special tax for the City of Marina Community Facilities District No . 2015 -1 (The Dunes) for fiscal year 2021 -22 as authorize d by Ordinance No. 2015-03; and Resolution No. 2022-, certifying City of Marina compliance with State Law (Proposition 218) with respect to a special tax for the City of Marina Community Facilities District No. 2015-1 as authorized by Ordinance No. 2015- 03 for fiscal year 2021-22.
(2) City Co uncil consider adopting Resolution No . 2022 -, approving the appointment of Council Member _______, as an alternate to the Monterey County Airport Land Use Commission (ALUC).
g. APPROVAL OF AGREEMENTS:
(1) City Council con sider adopting Resolution No. 2022-, Resolution 20 22- authorizing the City Manager , or his designee, to enter into a Standard Voluntary Agreement (SVA) with the California Department of Toxic Substance Control ( DTSC) and pay associated fees for the City Pa rk Barracks and Cypress Knolls Buildings Blight Removal 2022 Project.
Agenda for City Council Meeting of Wednesday, July 6, 2022 Page 4
(2) City C ouncil consider adopting Resol ution No. 202 2-, approving professional services agreements between the City of Marina and BKF Engineers for program management services and on-call design services; and; a pproving a professional services agreement between the City of Marina and Ghirardelli Associates for on-call construction management and construction inspection services for the pavement resurfacing and rehabilitation program , and; authorizing the City Manager to execute the agreement s on behalf of th e City subject to final review and approval by the City Attorney. h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING): None
m. APPROVE APPOINTMENTS: None
9. PUBLIC HEARINGS:
a. City Council open public hearing , taking testimony from the public and consider reading by title only an d waive further re ading and approve Ordinance 20 22-, approving Amendments to Title 17 of the Municipal Code by adding Sections 17.45; and Ordinance 2022- 17.49 pertaining to Reasonable Accommodation fo r Perso ns with Disabilities and Low-Barrier Navigation Centers, respectively.
10. OTHER ACTIONS I TEMS OF THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENC Y: Action l isted for each Agenda i tem is that which is requested by staff. The Successor Agency may, at its discretion, take action on any items. The public is invited to approach th e podium to provide up to four (4) min utes of public comment.
11. OTHER ACTION ITEMS: Action listed for each Agenda item is that which is requested by staff.
The City Council may, at its discretion, take action on any items. The public is invited to approach the podium to provide up to four (4) minutes of public comment.
Note: N o additional major projects or prog rams should be undertaken without r eview of the im pacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. City Council consider adopting Resolution No. 2022 -, memorializing adjustments previously approved to the City’s Salary Schedule and Compensation Plan for Marina Directors and receiving an oral report on the changes. b. City Council receive presentation on the long-term vision and fiscal sustainability, hangar and infrastructure needs and solutions, and potential financial support from the Military Assistance Program for the Marina Municipal Airport. Continued from June 7, 2022.
c. City Council continue discussion from April 19, 2022 , City Council meeting regarding unmet community facilities, infrastructure, public safety & staffing needs and possibl e f unding options and stra tegies to address these needs and provide direction to city staff.
Agenda for City Council Meeting of Wednesday, July 6, 2022 Page 5
12. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council and staff opportunity to ask a questio n for clarification or make a b rief report on his or her own activities as permitted by Government Code Section 54954.2.
13. ADJOURNMENT:
CERTIFICATION
I, Anita Sharp, Deputy City Clerk, of the City of Marina, do hereby certify that a copy of the foregoing agenda was posted at City Hall and Counc il Ch ambers Bulletin Board at 211 Hi llcrest Avenue, Monterey County Library Marina Branch at 190 Seaside Circle, City Bulletin Board at the corner of Reservation Road and Del Monte Boulevard on or before 6:30 p.m., Friday, July 1, 2022.
___________________________________
ANITA SHARP, DEPUTY CITY CLERK
City Council, Airport Commission and Redevelopment Agency meetings are recorded on tape and available for public review and listening at the Office of th e City Cl erk and kept for a period of 90 days after t he formal approval of MINUTES.
City C ouncil meetings may be vie wed live on the meeting night and at 1 2:30 p.m. a nd 3:00 p.m. on C able Channel 25 on the Sunday following the Regular City Council meeting date. In addition, Council meetings can be viewed at 6:30 p.m. every Monday, Tuesd ay and W ednesday. For more inform ation ab out viewing the Council Meetings on Channel 25, you may contact Access Monterey Peninsula directly at 831-333-1267.
Agenda items an d staff re ports are public re cord and are available f or public review on the City's website (www.ciytofmarina.org), at the Monterey County Marina Library Branch at 190 Seaside Circle and at the Office of the City Clerk at 211 Hillcrest Avenue, Marina between the ho urs of 10:00 a.m. 5:00 p.m., o n the Monday preceding the meeting.
Supplemental materials r eceived after the close of the f inal agenda an d through no on on the day of t he scheduled meeting will be available for public review at the City Clerk’s Office during regular office hours and in a ‘Supplemental Binder’ at the meeting.
Members of the public may receive the City Council, Airport Commission and Successor Agency of the Former Redevelopment Agency Agenda at a cost of $55 per year or by providing a self-addressed, stamped envelope to the City Clerk. The Agenda is also available at no cost via email b y n otifying th e C ity Clerk a t [email protected]
ALL MEETINGS A RE OP EN TO THE PUBLIC. THE CITY OF M ARINA DOES N OT D ISCRIMINATE AGAINST PERSONS WITH D ISABILITIES. Council Chambers are w heelchair accessible. meetings are broadcast on cable channel 25 and recordings of meetings can be provided upon request. to request assistive listening devices, sign language interpreters, readers, large print agendas or other accommodations, please call (831) 884-1278 or e-mail: [email protected]. requests must be made at least 48 hours in advance of the meeting.
U p c o m i n g 20 2 2 M e e t i n g s o f t h e C i t y C o u n ci l, A i r p o r t C om mi s s i o n, M a r i n a A b r a m s B N o n - P r o f i t C or p or a t i o n , P r e s t o n P ar k S u s t a i n ab le C o m m u n i t y N o n p r o f i t C o r p or a t i o n , S u c ce s s o r A g e n c y o f t h e F o rm e r R ed e v e l o p me n t A g e n c y a n d M a r i n a Gr o u ndw a t e r S u s t a i n a bi li ty A g e n c y R e g u l a r M eet i n g s : 5: 0 0 p . m . C l o s e d S es si o n; 6 : 30 p .m . R e g u la r O p e n S e s s i o n s
Agenda for City Council Meeting of Wednesday, July 6, 2022 Page 6
Tuesday, August 2, 2022 (Cancelled)
Rescheduled to Wednesday, August 3,
2022
Tuesday, August 16, 2022
Tuesday, July 19, 2022
**Thursday, October 6, 2022
Tuesday, October 18, 2022
*Wednesday, September 7, 2022
Tuesday, September 20, 2022
Tuesday, November 1, 2022
Tuesday, November 15, 2022
Tuesday, December 6, 2022
Tuesday, December 20, 2022
* Regular Meeting rescheduled due to Monday Holiday
** Regular Meeting rescheduled due to Religious Holiday NOTE: Regular Meeting dates may be rescheduled by City Council only. _________________________________________
CI T Y H A L L 2022 H O L I D A Y S
(City Hall Closed)
Labor Day ------------------------------------------------------------- Monday, September 5, 2022 Veterans Day ---------------------------------------------------------- Friday, November 11, 2022 Thanksgiving Day ------------------------------------------------ Thursday, November 24, 2022 Thanksgiving Break -------------------------------------------------- Friday, November 25, 2022 Winter Break ------------------------ Friday, December 23, 2022-Friday, December 30, 2022 __ ___ __ _ _ ______ _ __ _ ___
2022 COMMISSION DATES
Up co mi n g 202 2 M e e t i n g s of D e s i g n R e v i e w B o a r d 3rd Wednesday of every month. Meetings are held at the Council Chambers at 6:30 P.M. ** = Change in location due to conflict with Council meeting
July 20, 2022 September 21, 2022 November 16, 2022
August 17, 2022 October 19, 2022 December 21, 2022
U p c o m i n g 202 2 Me e t i n g s o f E c o n o m ic D e v e l o p m e n t C o m m i s s i on 3rd Thursday of every month. Meetings are held at the Council Chambers at 4:00 P.M.
July 21, 2022 September 15, 2022 November 17, 2022
August 18, 2022 October 20, 2022 December 15, 2022 (Cancelled)
Upc o m i n g 2022 Me e t i n g s of P l a n n i n g C o m m i s s i o n 2nd and 4th Thursday of every month. Meetings are held at the Council Chambers at 6:30 P.M.
July14, 2022 August 8, 2022 October 13, 2022
July 28, 2022 August 22, 2022 October 27, 2022
September 8, 2022 November 10, 2022
September 22, 2022 December 18, 2022
Agenda for City Council Meeting of Wednesday, July 6, 2022 Page 7
U p c o m i n g 202 2 Me et i n g s o f P u b li c W o r k s C o m m i s s i o n 3rd Thursday of every month. Meetings are held at the Council Chambers at 6:30 P.M.
July 21, 2022 September 15, 2022 November 17, 2022
August 18, 2022 October 20, 2022 December 15, 2022
U p c o m i n g 2022 M e e t i n g s o f R e c r e at i o n & Cu lt u r a l S e r v i ce s C o m mi ssi on
1st Wednesday of every quarter month. Meetings are held at the Council Chambers at 6:30 P.M.
September 1, 2022 December 1, 2022
U p c o m i n g 2022 Me e t i n g s o f Ma r i n a Tr ee C o m m i t t ee 2nd Wednesday of every quarter month as needed. Meetings are held at the Council Chambers at 6:30 P.M.
July 13, 2022 October 12, 2022
Bank Account: 905 - Chase - Checking
Check 06/24/2022 100165 Accounts Payable Access Monterey Peninsula 30,375.32 Invoice Date Description Amount.
03-31-22 06/20/2022 PEG QTR 3 30,375.32
Check 06/24/2022 100166 Accounts Payable Ace Hardware 23.83 Invoice Date Description Amount.
082319 06/19/2022 Engine wax and ladder brackets 23.83
Check 06/24/2022 100167 Accounts Payable Ace Hardware 477.92 Invoice Date Description Amount.
082252 06/13/2022 Sports Center 10.36
082254 06/13/2022 Shop Supplies 17.46
082300 06/16/2022 Key and Split Key Rings 36.58
082303 06/17/2022 City Hall Parking Lot Spray 124.68
082304 06/17/2022 Parking Lot 10.03
082309 06/17/2022 PD Parking Lot 71.35
082184 06/06/2022 Shop Supplies 15.25
082102 05/26/2022 Tools 34.95
082283 06/15/2022 Building Keys 6.10
082210 06/08/2022 Boiler Removal 40.38
082324 06/20/2022 Locke Paddon Park 20.20
082327 06/20/2022 Shop Supplies 17.46
082332 06/21/2022 PD Parking Lot 32.74
082334 06/21/2022 PD parking Lot 32.74
082335 06/21/2022 PD Parking Lot 7.64
Check 06/24/2022 100168 Accounts Payable WorleyParsons Group Inc. 3,375.00 Invoice Date Description Amount.
371867 05/18/2022 Professional Services - MPWSP - April 2022 3,375.00 Check 06/24/2022 100169 Accounts Payable Allstar Fire Equipment Inc. 2,650.96 Invoice Date Description Amount.
240146 05/31/2022 Streamlight Portable Scene Light 2,650.96 Check 06/24/2022 100170 Accounts Payable Andersen's Lock & Safe, Inc. 341.80 Marina, CA LIVE
AP Check Register 06.24.2022
Bank Account: 905 - Chase - Checking
Batch Date: 06/24/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 1 of 10 6/23/2022 12:28:40 PM Agenda Item: 8a
1 Invoice Date Description Amount.
42714 06/15/2022 PD Lobby Bathroom 341.80
Check 06/24/2022 100171 Accounts Payable Applied Best Practices 600.00 Invoice Date Description Amount.
26977 06/09/2022 Applied Best Practice AB16278b 600.00
Check 06/24/2022 100172 Accounts Payable AT & T 439.45
Invoice Date Description Amount.
05-27-22 05/27/2022 Acct 1499151548 - May 2022 198.02
06-13-2022 06/13/2022 AT&T 831-582-9957 241.43
Check 06/24/2022 100173 Accounts Payable AT & T 424.03
Invoice Date Description Amount.
435-$184.16 06/15/2022 CALNET3-9391023435 (237-267-6922) 184.16 436-$70.54 06/15/2022 CALNET3-9391023436 (239-461-6578) 70.54 482-$22.43 06/15/2022 CALNET3-9391023482 (884-0985) 22.43 485-$21.97 06/15/2022 CALNET3-9391023485 (884-2573) 21.97 490-$41.50 06/15/2022 CALNET3-9391023490 (884-9568) 41.50 491-$83.43 06/15/2022 CALNET3-9391023491 (884-9654) 83.43 Check 06/24/2022 100174 Accounts Payable Bear Electrical Solutions, Inc. 2,340.00 Invoice Date Description Amount.
15816 05/28/2022 Traffic Signal Maintenance 250.00
15815 05/28/2022 Traffic Signal Maintenance-Response 2,090.00 Check 06/24/2022 100175 Accounts Payable Bound Tree Medical 2,530.18 Invoice Date Description Amount.
64176475 06/28/2021 Medical Supplies 211.78
84558110 06/10/2022 Stifneck Carrying Bag 32.76
84560342 06/13/2022 Medical Supplies 2,285.64
Check 06/24/2022 100176 Accounts Payable Branch's Janitorial 2,059.47 Invoice Date Description Amount.
228402 05/23/2022 Custodial Services for May 2022 2,059.47 Check 06/24/2022 100177 Accounts Payable Carmel Fire Protection Associates 1,300.00 Marina, CA LIVE
AP Check Register 06.24.2022
Bank Account: 905 - Chase - Checking
Batch Date: 06/24/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 2 of 10 6/23/2022 12:28:40 PM 2 Invoice Date Description Amount.
122242 06/12/2022 Plan Review Only - Promenade Plan 5 , 11th Avenue 100.00 122241 06/12/2022 Plan Review Only - Promenade Plan 4 , 11th Avenue 100.00 122240 06/12/2022 Plan Review Only - Promenade Plan 3 , 11th Avenue 100.00 122239 06/12/2022 Plan Review Only - Promenade Plan 2 , 11th Avenue 100.00 122238 06/12/2022 Plan Review Only - Promenade Plan 1 , 11th Avenue 100.00 122246 06/16/2022 Plan review and inspection 3044 Vaughn Ave 200.00 122249 06/18/2022 Plan check and inspection at 100 Gen Stillwell, Cinemark CO2 200.00 122237 06/13/2022 Plan review and inspection at 3200-C Imjin, Joby Paint Booth 200.00 122245 06/16/2022 Plan review and inspection at Quick Quack, 160 Beach Road 200.00 Check 06/24/2022 100178 Accounts Payable Carmel Roasters, Inc. 349.60 Invoice Date Description Amount.
64192 06/15/2022 FD Coffee - 4 boxes 349.60
Check 06/24/2022 100179 Accounts Payable Cheryl Kent 1,680.00 Invoice Date Description Amount.
2022-75 06/10/2022 Code Enforcement Investigations 900.00 2022-80 06/17/2022 Code Enforcement Investigations 780.00 Check 06/24/2022 100180 Accounts Payable Cintas Corporation 153.60 Invoice Date Description Amount.
4117991897 04/29/2022 Mat Service-Police/Fire 04/29/22 84.30 4122144048 06/10/2022 Mat Service-Police/Fire 06/10/22 69.30 Check 06/24/2022 100181 Accounts Payable Comcast 256.91 Invoice Date Description Amount.
05-26-22 05/26/2022 Cable Service Police & Fire 06/04/22 to 07/03/22 69.70 05-14-22 05/14/2022 Teen Center Cable Fees 187.21
Check 06/24/2022 100182 Accounts Payable CSG Consultants 103,629.00 Invoice Date Description Amount.
43643 05/13/2022 Building Inspections 16,146.00
44218 06/10/2022 Landscape Maintenance District FY 20-23 165.00 44219 06/10/2022 Landscape Maintenance Districts FY 20-23 1,671.00 44220 06/10/2022 Landscape Maintenance Districts FY 20-23 165.00 Marina, CA LIVE
AP Check Register 06.24.2022
Bank Account: 905 - Chase - Checking
Batch Date: 06/24/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 3 of 10 6/23/2022 12:28:40 PM 3 44221 06/10/2022 Landscape Maintenance Districts FY 20-23 165.00 44222 06/10/2022 Landscape Maintenance Districts FY 20-23 330.00 44224 06/10/2022 Imjin Widening (#401) 1,155.00
44225 06/10/2022 Local Roadway Safety Plan 495.00
44226 06/10/2022 Duplex Housing Renovation 165.00
44227 06/10/2022 PFIF Update 165.00
44229 06/10/2022 Staff Augmentation 2,805.00
44230 06/10/2022 RWQCB 660.00
44231 06/10/2022 TAMC 990.00
44232 06/10/2022 Phase 3 Map/Plan Review 4,125.00
44233 06/10/2022 Sea Haven Phase 3A Inspection 3,354.00 44234 06/10/2022 Sea Haven Phase 5A Inspection 165.00
44235 06/10/2022 Marina Station 165.00
44236 06/10/2022 Dunes Phase 2 East 846.00
44237 06/10/2022 Dunes Phase 2 West 681.00
44238 06/10/2022 Dunes Op Site 1A 165.00
44239 06/10/2022 Dunes Phase 3 West 2,805.00
44240 06/10/2022 Hampton Inn (120 Reservation Road) 1,269.00 44241 06/10/2022 Sea Haven Inspection Phase 3B 645.00
44242 06/10/2022 Sea Haven Phase 4 Map/Plan review 5,780.00 44243 06/10/2022 Seascrest Apartments 3108 Seacrest Ave 165.00 44223 06/10/2022 CSG Eng: (APR 1801) Annual Sts Resurfacing (FY 20-23) 14,220.00 44228 06/10/2022 Permits/Development 18,004.00
44244 06/10/2022 Dunes Phase 1B Promenade 9,170.00
44245 06/10/2022 Via Del Mar Subdivision (3320 Abdy Way) 4,966.50 44246 06/10/2022 Sea Haven Phase 4 Rough Grading 6,901.50 44247 06/10/2022 Home2 Suites By Hilton 3,225.00
44126 06/10/2022 Inspections by Eric Rodewald, CSG 1,900.00 Check 06/24/2022 100183 Accounts Payable Cypress Coast Ford Lincoln 486.57 Invoice Date Description Amount.
365223 05/25/2022 City Fleet 486.57
Check 06/24/2022 100184 Accounts Payable Dave's Repair Service 90.00 Invoice Date Description Amount.
Marina, CA LIVE
AP Check Register 06.24.2022
Bank Account: 905 - Chase - Checking
Batch Date: 06/24/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 4 of 10 6/23/2022 12:28:40 PM 4 33960 06/03/2022 Tank Testing 90.00
Check 06/24/2022 100185 Accounts Payable Denise Duffy & Associates 55,778.33 Invoice Date Description Amount.
8044 06/10/2022 Environmental Services at Old Fire Station for Owls 3,859.03 7430 02/11/2022 Del Monte Blvd Extension 28,689.30
8056 06/20/2022 Incidental Take Permit - Tasks 2 & 3 6,795.50 8057 06/20/2022 Fort Ord Habitat Management Plan - Tasks 2.3; 3.1 & 3.2 16,434.50 Check 06/24/2022 100186 Accounts Payable Don Chapin Company, Inc. 2,027.44 Invoice Date Description Amount.
66675 02/20/2022 Gutter & Curb Michael & Zanetta Dr 2,027.44 Check 06/24/2022 100187 Accounts Payable Fastenal Company 660.48 Invoice Date Description Amount.
CASAL152775 05/23/2022 Fuel for Landscaping 660.48
Check 06/24/2022 100188 Accounts Payable Fox Welding Metal Fabricators 275.00 Invoice Date Description Amount.
2371 06/16/2022 Shop Repairs to Mower Wheel 275.00
Check 06/24/2022 100189 Accounts Payable Gavilan Pest Control 82.00 Invoice Date Description Amount.
0146576 06/02/2022 Rodent Control 82.00
Check 06/24/2022 100190 Accounts Payable George T. Powell 1,200.00 Invoice Date Description Amount.
06012022 06/01/2022 Parking Rental Fees 1,200.00
Check 06/24/2022 100191 Accounts Payable Home Depot Credit Service 556.02 Invoice Date Description Amount.
06-17-22 06/17/2022 Tools 556.02
Check 06/24/2022 100192 Accounts Payable Janice Griffin 350.00 Invoice Date Description Amount.
06-01-22 06/01/2022 Youth Center Event 350.00
Check 06/24/2022 100193 Accounts Payable Jeff Katz Architectural Corp. 4,288.75 Marina, CA LIVE
AP Check Register 06.24.2022
Bank Account: 905 - Chase - Checking
Batch Date: 06/24/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 5 of 10 6/23/2022 12:28:40 PM 5 Invoice Date Description Amount.
21094 05/31/2022 Aquatic and Sports Center Design Phase 4,288.75 Check 06/24/2022 100194 Accounts Payable Kelly-Moore Paint Co.,Inc 318.93 Invoice Date Description Amount.
802-00000828227 06/13/2022 Paint Handicap Stalls 318.93 Check 06/24/2022 100195 Accounts Payable Kimley-Horn & Associates 7,823.00 Invoice Date Description Amount.
21616250 05/31/2022 LRSP 7,823.00
Check 06/24/2022 100196 Accounts Payable L.N. Curtis & Sons 615.57 Invoice Date Description Amount.
INV601348 05/31/2022 SCBA Charging Station Kit 914.42
CM27851 07/30/2021 (CREDIT) - Replacement Ractchet Suspension (58.50) CM25190 01/19/2021 (CREDIT) - Tactical Rigger Belt (240.35) Check 06/24/2022 100197 Accounts Payable Language Line, LLC 214.19 Invoice Date Description Amount.
10545637 05/31/2022 Acct 9020101064 - May 2022 214.19
Check 06/24/2022 100198 Accounts Payable Lighthouse Uniform Co. 8,386.55 Invoice Date Description Amount.
A-306708 06/16/2022 Class A Uniforms for Fire Dept Staff 8,386.55 Check 06/24/2022 100199 Accounts Payable Marina Coast Water District 6,944.15 Invoice Date Description Amount.
000056043 053122 05/31/2022 761 Neeson Road/Airport 193.30 000056044 053122 05/31/2022 781 Neeson Road/Airport 155.54 000056049 053122 05/31/2022 Imjin Rd (Irrigation/Backflow Accts) 194.62 000056051 053122 05/31/2022 721 Neeson Road/Airport 193.30 000056092 053122 05/31/2022 741 Neeson Road/Airport 1,156.70 000056096 053122 05/31/2022 3271 Imjin Road/Airport 107.88 000056097 053122 05/31/2022 3200 Imjin Road/Airport 467.25 000056041 053122 05/31/2022 Water Bill - Usage at Station 2 - 3260 Imjin Road 276.90 014874000 053122 05/31/2022 Acct 014874000 - May 22 324.84 Marina, CA LIVE
AP Check Register 06.24.2022
Bank Account: 905 - Chase - Checking
Batch Date: 06/24/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 6 of 10 6/23/2022 12:28:40 PM 6 000056030 060922 06/09/2022 Crescent Ave/Reser Rd/Ramada Inn 36.77 000056011 060922 06/09/2022 3254 Abdy Way (Tate Park Irrigation) 1,735.25 000056034 060922 06/09/2022 3240 De Forest Road 408.94
000056084 060922 06/09/2022 Crescent/Shuler/Irrigation 27.26 000056085 060922 06/09/2022 Cresent/Whitney Irrigation 27.26 000056008 060922 06/09/2022 Reservation & Del Monte 27.26 000056032 060922 06/09/2022 Cresent Ave/Costa Del Mar East Side 60.52 000056086 060922 06/09/2022 Crescent Ave/Sirena Del Mar Irrigation 27.26 000056015 060922 06/09/2022 Corner of Cardoza & Dolphin Circle 60.52 000056098 060922 06/09/2022 3254 Abdy Way (Tate Park Building) 50.60 000056014 060922 06/09/2022 3200 Del Monte Blvd 1,384.92 000056087 060922 06/09/2022 Crescent Ave/Costa Del Mar Irrigation 27.26 Check 06/24/2022 100200 Accounts Payable Martin's Irrigation Supply 143.53 Invoice Date Description Amount.
613454 06/17/2022 V.D. Park Backflow 143.53
Check 06/24/2022 100201 Accounts Payable MBASIA 732.50
Invoice Date Description Amount.
GHC003691 Rq#2 06/20/2022 MBASIA - Claim for Payment 732.50 Check 06/24/2022 100202 Accounts Payable Monterey Bay Office Products 1,243.07 Invoice Date Description Amount.
473338200 05/26/2022 May 2022 1,243.07
Check 06/24/2022 100203 Accounts Payable Monterey Bay Systems 1,206.80 Invoice Date Description Amount.
426893 06/15/2022 CDD Copier Maintenance and Overage 1,206.80 Check 06/24/2022 100204 Accounts Payable Monterey One Water 387.49 Invoice Date Description Amount.
12-000009 053122 05/31/2022 208 Palm Ave 387.49
Check 06/24/2022 100205 Accounts Payable Monterey Tire Service 205.31 Invoice Date Description Amount.
1-106746 06/14/2022 15 Ford F250 Super Duty Flat Repair 26.73 Marina, CA LIVE
AP Check Register 06.24.2022
Bank Account: 905 - Chase - Checking
Batch Date: 06/24/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 7 of 10 6/23/2022 12:28:40 PM 7 1-106810 06/17/2022 Leads Truck Flat Repair 26.73
1-106858 06/20/2022 PD Car 20 Dodge Durango SSV 151.85
Check 06/24/2022 100206 Accounts Payable Nick R. Martinez 1,800.00 Invoice Date Description Amount.
M022-010 06/15/2022 Comprehensive Background Invest. - Cannabis 1,800.00 Check 06/24/2022 100207 Accounts Payable My Chevrolet 757.78 Invoice Date Description Amount.
CVCS248717 06/03/2022 17 Chevy Caprice PD 162.00
CVCS249265 06/15/2022 17 Chevy Caprice PD 425.78
CVCS249149 06/17/2022 15 Chevrolet/Caprise Police 4 DR sdn 170.00 Check 06/24/2022 100208 Accounts Payable MyFleetCenter - Wisconsin Quick Lube 124.54 Invoice Date Description Amount.
36761362 06/02/2022 21 Chevy Tahoe 820 PD 105.70
36761999 06/13/2022 20 Dodge Durango 819 18.84
Check 06/24/2022 100209 Accounts Payable Newton Bros. Tire & Auto 1,185.33 Invoice Date Description Amount.
433572 06/15/2022 15 Chevrolet/Caprice Police Unit 896 1,185.33 Check 06/24/2022 100210 Accounts Payable Nextel Communications - Sprint 65.70 Invoice Date Description Amount.
866147022-237 05/22/2022 Dept Cell Phones 65.70
Check 06/24/2022 100211 Accounts Payable Office Depot 64.20 Invoice Date Description Amount.
248743345001 06/06/2022 Office Supplies 64.20
Check 06/24/2022 100212 Accounts Payable Pacific Gas & Electric 8,463.99 Invoice Date Description Amount.
451-7.JUN22 06/09/2022 3271 Imjin Road Utilities B554 243.99 347-0.JUN22 06/09/2022 3263 Imjin Rd Bldg 519 602.61
694-1.JUN22 06/10/2022 721 Neeson Rd Bldg 533 1,074.15
098-7.JUN22 06/10/2022 761 Neeson Rd Bldg 524 6,031.54
827-8 $123.27 06/12/2022 PG&E - 0423929827-8 123.27
Marina, CA LIVE
AP Check Register 06.24.2022
Bank Account: 905 - Chase - Checking
Batch Date: 06/24/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 8 of 10 6/23/2022 12:28:40 PM 8 535-3 $212.37 06/12/2022 PG&E - 6161832535-3 212.37
851-0 JUN22 06/14/2022 PG&E - 3440977851-0 176.06
Check 06/24/2022 100213 Accounts Payable Peninsula Welding & Medical Supply 449.54 Invoice Date Description Amount.
224534 03/03/2022 Shop Safety Supplies 78.45
226135 04/12/2022 Airport Supplies 192.12
227143 05/02/2022 Airport Supplies 178.97
Check 06/24/2022 100214 Accounts Payable Pinnacle Healthcare 519.00 Invoice Date Description Amount.
360050 05/23/2022 physical 115.00
363890 06/07/2022 Pinnacle Healthcare - Pre Emp Px 202.00 365470 06/14/2022 Pinnacle Healthcare - Pre Emp Px 202.00 Check 06/24/2022 100215 Accounts Payable Pure H2O 202.08 Invoice Date Description Amount.
17211 06/01/2022 Water Cooler Service Police & Fire 06/16/22 202.08 Check 06/24/2022 100216 Accounts Payable Salinas Valley Ford 1,845.72 Invoice Date Description Amount.
90941 06/13/2022 14 Ford F150 #552 Repair 1,845.72
Check 06/24/2022 100217 Accounts Payable Sierra Springs & Alhambra 96.35 Invoice Date Description Amount.
14225799 061322 06/13/2022 Annex - Sierra Spring - Water Svc 96.35 Check 06/24/2022 100218 Accounts Payable South Coast Emergency Vehicle Service 251.31 Invoice Date Description Amount.
508494 06/13/2022 Fire Department Turn Signal 251.31
Check 06/24/2022 100219 Accounts Payable SWCA Envrionmental Consultants 2,911.69 Invoice Date Description Amount.
147375 06/20/2022 SWCA-May 2022 2,911.69
Check 06/24/2022 100220 Accounts Payable Verde Design, Inc. 9,668.12 Invoice Date Description Amount.
Marina, CA LIVE
AP Check Register 06.24.2022
Bank Account: 905 - Chase - Checking
Batch Date: 06/24/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 9 of 10 6/23/2022 12:28:40 PM 9 18-2012501 06/07/2022 Glorya Jean Tate Park Pump, Track & Restroom Improvements 2,376.25 1-2121700 05/02/2022 Dunes Park Rough Grading Plan & Site Survey 1,775.00 2-2121700 06/07/2022 Dunes Park Rough Grading Plan & Site Survey 5,516.87 Check 06/24/2022 100221 Accounts Payable William A. Thayer Construction, Inc 37,761.18 Invoice Date Description Amount.
2021-11-01 05/18/2022 Annex Mold Remediation Progress Billing 21,739.70 2021-07-2 06/15/2022 Airport 533 Added Doors to 721 Neeson Rd 16,021.48 905 Chase - Checking Totals: Transactions: 57 $313,189.28 Checks: 57 $313,189.28
Marina, CA LIVE
AP Check Register 06.24.2022
Bank Account: 905 - Chase - Checking
Batch Date: 06/24/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 10 of 10 6/23/2022 12:28:40 PM 10 Bank Account: 905 - Chase - Checking
EFT 06/24/2022 2370 Accounts Payable Richard B. Standridge 121042882 / 8312012522 3,372.50 Invoice Date Description Amount.
22-12. 06/23/2022 Services 06.06/06.16.22 3,372.50
905 Chase - Checking Totals: Transactions: 1 $3,372.50
EFTs: 1 $3,372.50
Marina, CA LIVE
AP Check Register 06.24.2022.02
Bank Account: 905 - Chase - Checking
Batch Date: 06/24/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 1 of 1 6/23/2022 1:31:04 PM 11 Bank Account: 905 - Chase - Checking
Check 06/30/2022 100222 Accounts Payable Ace Hardware 234.38 Invoice Date Description Amount.
082342 06/21/2022 PD Parking Lot 15.27
082336 06/21/2022 Annex Restroom 13.09
082345 06/21/2022 Comm Center Restroom 25.12
082326 06/20/2022 City Hall 12.00
082347 06/22/2022 City Hall 28.38
082361 06/23/2022 Corp Yard 10.91
082353 06/23/2022 211 Hillcrest Ave 27.94
082359 06/23/2022 City Hall Parking Lot 39.30
082357 06/23/2022 City Hall Parking Lot 34.23
082355 06/23/2022 Ron Office 8.73
082366 06/24/2022 Shop Supplies 9.38
082367 06/24/2022 Shop Supplies 10.03
Check 06/30/2022 100223 Accounts Payable Moe Tavakolian 650.00 Invoice Date Description Amount.
22314 06/22/2022 Airport B533 (781 Neeson) 650.00
Check 06/30/2022 100224 Accounts Payable WorleyParsons Group Inc. 12,503.75 Invoice Date Description Amount.
377299 06/15/2022 Professional Services - MPWSP - May 2022 12,503.75 Check 06/30/2022 100225 Accounts Payable Andersen's Lock & Safe, Inc. 341.80 Invoice Date Description Amount.
C42714 06/15/2022 City of Marina - Locks and Maintenance 341.80 Check 06/30/2022 100226 Accounts Payable ARC Document Solutions 282.96 Invoice Date Description Amount.
2590186 06/15/2022 ARC 06/15/22 282.96
Check 06/30/2022 100227 Accounts Payable AT & T 210.26
Invoice Date Description Amount.
000018350751 06/15/2022 Acct 9391023478 - May 2022 43.18 000018340639 06/13/2022 Acct 931023434 - May 2022 167.08 Marina, CA LIVE
AP Check Reg 06.30.2022
Bank Account: 905 - Chase - Checking
Batch Date: 06/30/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 1 of 7 6/29/2022 12:10:36 PM 12 Check 06/30/2022 100228 Accounts Payable Branch's Janitorial 5,121.35 Invoice Date Description Amount.
228418 06/23/2022 Custodial Service for June 2022 2,886.35 228420 06/23/2022 Janitorial Service - Police/Fire/Airport June 2022 2,235.00 Check 06/30/2022 100229 Accounts Payable Community Hospital of the Monterey Peninsula
54.00 Invoice Date Description Amount.
06-08-22 06/08/2022 Acct #401282793 - May 2022 54.00
Check 06/30/2022 100230 Accounts Payable Crossroads Software, Inc. 49,500.00 Invoice Date Description Amount.
7260 06/21/2022 Crossroads Collision Rpt. Writer and Electronic Citation System 49,500.00 Check 06/30/2022 100231 Accounts Payable Cypress Coast Ford Lincoln 195.00 Invoice Date Description Amount.
365466 06/10/2022 08 Ford Explorer FD 195.00
Check 06/30/2022 100232 Accounts Payable Della Mora Heating, Inc. 1,129.59 Invoice Date Description Amount.
14958 06/14/2022 PW Thermostat 1,129.59
Check 06/30/2022 100233 Accounts Payable Don Chapin Company, Inc. 27,102.07 Invoice Date Description Amount.
67480 03/20/2022 Ramp Replacement 27,102.07
Check 06/30/2022 100234 Accounts Payable Emergency Vehicle Specialists 13,786.68 Invoice Date Description Amount.
13896 05/20/2022 Parts needed for new Durango's (1 patrol, 1 K9) 11,055.27 14032 06/27/2022 Rails, Panel & Toolbox for 2022 Ford F-150 Utility Truck 865.00 PP22H0303-04B 06/27/2022 Items and installation for 2022 Ford F-150, Chiefs Vehicle 1,866.41 Check 06/30/2022 100235 Accounts Payable First Alarm 124.98 Invoice Date Description Amount.
687435 06/15/2022 Monitoring services at station 2 - 07/01/22 to 09/30/22 124.98 Check 06/30/2022 100236 Accounts Payable Formation Environmental, LLC 1,715.00 Marina, CA LIVE
AP Check Reg 06.30.2022
Bank Account: 905 - Chase - Checking
Batch Date: 06/30/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 2 of 7 6/29/2022 12:10:36 PM 13 Invoice Date Description Amount.
7051 05/29/2022 Aquifer 1,715.00
Check 06/30/2022 100237 Accounts Payable Hayon Inc, 900.00 Invoice Date Description Amount.
01-2022PD 04/14/2022 Patrol Vehicle Car Washes 450.00
02-2022PD 06/23/2022 Patrol Vehicle Car Washes 450.00
Check 06/30/2022 100238 Accounts Payable L.N. Curtis & Sons 17,474.10 Invoice Date Description Amount.
PINV707820 06/27/2022 (4) Sets of Turnouts for FD Staff 16,321.95 PINV734082 06/27/2022 Hose with expansion ring coupling 1,152.15 Check 06/30/2022 100239 Accounts Payable Lexis Nexis Risk Solutions 300.00 Invoice Date Description Amount.
1308841-20220531 05/31/2022 Monthly Service 150.00
1308841-20220331 03/31/2022 March Monthly Services 150.00 Check 06/30/2022 100240 Accounts Payable Marina Backflow Co. 65.00 Invoice Date Description Amount.
2191 06/23/2022 V.D. Park Backflow 65.00
Check 06/30/2022 100241 Accounts Payable Martin's Irrigation Supply 1,740.96 Invoice Date Description Amount.
613868 06/21/2022 V.D. Park Backflow 1,740.96
Check 06/30/2022 100242 Accounts Payable Maynard Group Inc. 655.17 Invoice Date Description Amount.
IN2027407 06/01/2022 Monthly Service 655.17
Check 06/30/2022 100243 Accounts Payable Monterey County Convention & Visitors Bureau
28,280.34
Invoice Date Description Amount.
Mar 2022 06/24/2022 Mar 2022 TID 13,140.27
Apr 2022 06/24/2022 Apr 2022 TID 15,140.07
Check 06/30/2022 100244 Accounts Payable Monterey Regional Waste Management District
45,426.00
Marina, CA LIVE
AP Check Reg 06.30.2022
Bank Account: 905 - Chase - Checking
Batch Date: 06/30/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 3 of 7 6/29/2022 12:10:36 PM 14 Invoice Date Description Amount.
12-SB13832122 06/15/2022 FY2021-2022 Bill 1383 Implementation 13,504.00 3-SB1383GF22 06/08/2022 Billing for SB1383 CalRecycle CY2022 31,922.00 Check 06/30/2022 100245 Accounts Payable MuttMitt - ZW USA Inc. 1,196.14 Invoice Date Description Amount.
485440 05/23/2022 For Parks 1,196.14
Check 06/30/2022 100246 Accounts Payable Natividad Medical Center 155.00 Invoice Date Description Amount.
04-06-22 04/06/2022 Marina PD 62.00
06-16-2022 06/16/2022 Marina PD 31.00
06-16-2022-2 06/16/2022 Marina PD 62.00
Check 06/30/2022 100247 Accounts Payable Newton Bros. Tire & Auto 1,027.43 Invoice Date Description Amount.
433361 06/21/2022 17 Chevy Caprice PD Unit 813 1,027.43 Check 06/30/2022 100248 Accounts Payable Nor Cal Signal Supply 384.56 Invoice Date Description Amount.
1176-1 06/22/2022 Traffic Signals 384.56
Check 06/30/2022 100249 Accounts Payable Office Depot 13.84 Invoice Date Description Amount.
249030284001 06/22/2022 Office Depot Planning Supplies 13.84 Check 06/30/2022 100250 Accounts Payable Pacific Gas & Electric 26,834.24 Invoice Date Description Amount.
103-6.JUN22 06/11/2022 3200 Imjin Road 12,056.80
272-1 JUNE22 06/16/2022 PG&E - 2862559272-1 32.73
172-2 JUNE22 06/16/2022 PG&E - 5618207172-2 503.56
362-9 JUNE22 06/16/2022 PG&E - 5996678362-9 115.03
795-7 JUNE22 06/16/2022 PG&E - 4467294795-7 474.83
533-8 JUNE22 06/16/2022 PG&E - 2253666533-8 84.99
483-6 JUNE22 06/14/2022 PG&E - 3982644483-6 13,566.30
Check 06/30/2022 100251 Accounts Payable Quill Corporation 994.00 Marina, CA LIVE
AP Check Reg 06.30.2022
Bank Account: 905 - Chase - Checking
Batch Date: 06/30/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 4 of 7 6/29/2022 12:10:36 PM 15 Invoice Date Description Amount.
25519701 06/02/2022 Records 345.19
25436257 05/31/2022 Records 611.69
25642757 06/08/2022 Records 5.45
25679057 06/10/2022 Records 31.67
Check 06/30/2022 100252 Accounts Payable Regional Government Services 10,358.25 Invoice Date Description Amount.
13639 05/31/2022 RGS Marina Dunes May 2022 9,543.75
13640 05/31/2022 RGS Joby Aviation May 2022 153.00
13641 05/31/2022 RGS Quick Quack May 2022 661.50
Check 06/30/2022 100253 Accounts Payable Ryan Ranch Printers 103.79 Invoice Date Description Amount.
23063 05/31/2022 Saber's Business Cards 103.79
Check 06/30/2022 100254 Accounts Payable Salinas Valley Pro Squad 170.41 Invoice Date Description Amount.
320980 04/07/2022 Police Uniforms and Equipment 170.41
Check 06/30/2022 100255 Accounts Payable San Diego Police Equipment Co, Inc. 515.13 Invoice Date Description Amount.
652249 06/10/2022 City of Marina - Order #105836 515.13 Check 06/30/2022 100256 Accounts Payable Scott Savage 74.00 Invoice Date Description Amount.
1666 05/12/2022 Tuition - Ofc. C. Johnson 74.00
Check 06/30/2022 100257 Accounts Payable Shartsis Friese LLP 131,221.49 Invoice Date Description Amount.
5457998 06/27/2022 Professional Services - MPWSP - May 2022 131,221.49 Check 06/30/2022 100258 Accounts Payable Signs by Van Inc. 1,093.00 Invoice Date Description Amount.
12345 05/18/2022 Signs by Van Refund 1,093.00
Check 06/30/2022 100259 Accounts Payable TechRx Technology Services 3,778.63 Marina, CA LIVE
AP Check Reg 06.30.2022
Bank Account: 905 - Chase - Checking
Batch Date: 06/30/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 5 of 7 6/29/2022 12:10:36 PM 16 Invoice Date Description Amount.
10173 05/25/2022 Patrol Vehicle Tablet 3,778.63
Check 06/30/2022 100260 Accounts Payable TK Elevator 1,305.00 Invoice Date Description Amount.
5001851861 06/15/2022 Public Safety Elevator 1,305.00
Check 06/30/2022 100261 Accounts Payable Trucksis Enterprises 753.83 Invoice Date Description Amount.
12792 06/08/2022 Banners - NNO 753.83
Check 06/30/2022 100262 Accounts Payable Verizon Wireless 293.23 Invoice Date Description Amount.
9908470899 06/10/2022 Verizon 308174766-0001 293.23
Check 06/30/2022 100263 Accounts Payable William A. Thayer Construction, Inc 24,045.91 Invoice Date Description Amount.
2021-12-1 06/15/2022 Progress Bill Desert Start Office Building 24,045.91 Check 06/30/2022 100264 Accounts Payable Xerox Financial Services 239.26 Invoice Date Description Amount.
3330227 06/27/2022 FD Monthly Copier Charges - 06/17/22 - 07/16/22 239.26 Check 06/30/2022 100265 Accounts Payable Zoom Imaging Solutions 306.60 Invoice Date Description Amount.
IN2703826 05/26/2022 Monthly Service 306.60
Check 06/30/2022 100266 Accounts Payable Marina Employees Association 135.00 Invoice Date Description Amount.
06-24-22 06/24/2022 24 - MEA Dues 135.00
Check 06/30/2022 100267 Accounts Payable Marina Professional Fire Fighters Association
300.00
Invoice Date Description Amount.
06-24-22 06/24/2022 35 - MPFFA Dues 300.00
EFT 06/30/2022 2377 Accounts Payable Wex Bank 071000288 / 4539508 93.70 Marina, CA LIVE
AP Check Reg 06.30.2022
Bank Account: 905 - Chase - Checking
Batch Date: 06/30/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 6 of 7 6/29/2022 12:10:36 PM 17 Invoice Date Description Amount.
80933553 05/23/2022 Chevron Credit Cards - May 2022 93.70 EFT 06/30/2022 2378 Accounts Payable Marina Police Association-MPOA 322271627 / 901587928 260.00 Invoice Date Description Amount.
06-24-22 06/24/2022 23 - MPOA Dues 260.00
EFT 06/30/2022 2379 Accounts Payable Police Officers Association - POA 322271627 / 901589106 1,359.04 Invoice Date Description Amount.
06-24-22 06/24/2022 25 - POA Dues 1,359.04
905 Chase - Checking Totals: Transactions: 49 $414,804.87 Checks: 46 $413,092.13
EFTs: 3 $1,712.74
Marina, CA LIVE
AP Check Reg 06.30.2022
Bank Account: 905 - Chase - Checking
Batch Date: 06/30/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 7 of 7 6/29/2022 12:10:36 PM 18 Agenda Item: 8c(1)
July 6, 2022
1 2
3 June 29, 2022 Item No. 8f(1)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of July 6, 2022
CITY COUNCIL TO CONSIDER ADOPTING RESOLUTION NO. 20 22-,
CONFIRMING LEVY OF THE SPECIAL TAX F OR THE CITY OF
MARINA COMMUNITY FACILITIES DISTRICT NO. 2015-1 (THE DUNES) FOR FISCAL YEAR 2022-23 AS AUTHORIZED BY ORDINANCE NO. 2015 - 03; AND RESOLUTION NO. 20 22-, CERTIFYING CITY OF MARINA COMPLIANCE WITH STATE LAW (PROPOSITION 218) WITH RESPECT
TO A SPECIAL TAX FOR THE CITY OF MARINA CO MMUNITY
FACILITIES DISTRICT NO. 2015-1 AS AUTHORIZED BY ORDINANCE NO. 2015-03 FOR FISCAL YEAR 2022-23
RECOMMENDATION:
It is requested that the City Council:
1. Consider adopting Resolution No. 20 22-, confirming levy of the special tax for the City of Marina Community Facilities District No. 2015-1 (The Dunes) for Fiscal Year 2022-23 as authorized by Ordinance No. 2015-03, and;
2. Resolution No. 20 22-, certifying City of Marina compliance with State law (Proposition 218) with respect to a special tax for the City of Marina Community Facilities District No. 2015-1 as authorized by Ordinance No. 2015-03 for Fiscal Year 2022-23
BACKGROUND:
Pursuant to a special election held on June 2, 2015, on June 16, 2015, the City Council unanimously passed Ordinance No. 2015-03, forming the City of Marina Community Facilities District No. 20 15- 1 (commonly referred to as The Dunes CFD). Ordinance 2015-03 also authorized an annual special tax levy for the purpose of administration and services of District maintenance of streets, sidewalks, curb & gutters, street lighting and storm drains . The special tax was first levied for fiscal year 2015- 16, in the amount of $ 437.22 for each of the assessed residential units and $5,187 per acre of undeveloped property . Each subsequent year, Ordinance 2015-03 requires the special tax to be increased by the lesser of 4% or the Construction Cost Index as published in the Engineering News Record (ENR) from the previous approved Maximum Special Tax . For Fiscal Year 22/23, the Construction Cost Index increased by 4.0%. The Rates and Apportionment for this District therefore applies a maximum annual rate increase of 4.0%.
On June 21, 2016, the City Council adopted Resolution 2016 -96, accepting annexation of property into the City of M arina Community Facilities District No. 2015-1(The Dunes). The annexation area incorporates the Dunes Residential Subdivision Phase 1C Final Map 2.
On April 4, 2017, the City Council adopted Resolution 2017 -35, accepting annexation of property into the City of Marina Community Facilities District No. 2015-1(The Dunes). The annexation area incorporates the Dunes Residential Subdivision Phase 1C Final Map 3.
1 On February 15, 2022 , the City Council adopted Resolution 2022-21, accepting annexation of property into the City of Marina Community Fa cilities District No. 2015 -1(The Dunes). The annexation area incorporates the Dunes Subdivision Phase 2 East/Residential.
Accordingly, the special tax for each fiscal year since inception has been as follow s (NOTE:
Monterey County requires that rates be di visible by 2 for placement on the rolls, so calculations are rounded each year):
Fiscal
Year Tax Per Parcel Tax Per Acre
Total Special Tax
(to be) Collected
FY 15/16 $437.22 $5,187.00 $54,228.30
FY 16/17 $452.66 $5,369.89 $101,268.60
FY 17/18 $459.46 $5,450.69 $162,605.34
FY 18/19 $470.92 $5,586.73 $160,509.62
FY 19/20 $484.24 $5,744.70 $160,767.68
FY 20/21 $501.52 $5,974.48 $166,504.64
FY 21/22 $520.50 $6,174.70 $172,806.00
FY 22/23 $541.32 $6,421.69 $303,025.22
ANALYSIS:
Each year's special tax is collected by the Monterey County Tax Collector, and then disbursed to the City. When received by the City, special taxes are credited in the accounting system to Fund 252 - CFD Dunes No. 2015-1. Likewise, expenditures and co sts incurred on behalf of the Di strict are posted to Fund 252 expenditure accounts. As of June 30, 20 21, the fund balance in Fund 252 (cumulative tax revenue in excess of expenditures since inception) is p rojected to be approximately $480,541. Due to the age of the District improvements, scheduled maintenance service expenditures were expected in FY 21/22, but due to various construction projects in the area the maintenance is delayed until FY 22/23. Anticipated be approximately $343,270, including a scheduled slurry seal of various streets.
Ordinance 20 15-03 authorizes the finance director “...to determine the spe cific special tax to be levied for the next ensuing fiscal year for each parcel of real property within the CFD (including any parcel or parcels in the fut ure annexation are a that annex into the CFD), in the manner and as provided in the resolution of formation.”
However, Monterey County will no t impose or collect the special tax on the District's behalf unless the City submits, in a fo rm provided by the County, a certificat ion of compliance with State Law (Proposition 218) that include s a hold harmless an d indemnification pro vision for administr ative expenses of the County associated with collection of the City's taxes, assessments, fee s or charge s, other than the Constitutionally authorized 1% ad valorem tax.
Attached is a resolution which, if adopted by the Council will satisfy the County's certification, hold- harmless and indemnification requirements with respect to the City of Mar ina Community Facilities District No. 2015-1 Special Tax for the 2022-23 fiscal year.
2 FISCAL IMPACT:
Special assessments finance the CFD's ap proved maintenance s ervices. Total to be credited to th e district is as follows:
Fund 252 Community Facilities District No. 2015-1 $303,025.22
CONCLUSION:
This request is submitted for City Council consideration and possible action.
Respectfully submitted,
________________________________
Edrie Delos Santos, P.E.
Senior Engineer, Engineering Division
City of Marina
REVIEWED/CONCUR:
________________________________
Juan Lopez
Finance Director
City of Marina
____________________________
Brian McMinn, P.E., P.L.S.
Public Works Director/City Engineer
City of Marina
________________________________
Layne P. Long
City Manager
City of Marina
3 RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY OF MARINA CONFIRMING LEVY OF A SPECIAL TAX FOR THE CITY OF MARINA COMMUNITY FACILITIES DISTRICT NO. 2015-1 AS AUTHORIZED BY ORDINANCE NO. 2015-03 FOR FISCAL YEAR 2022-23
WHEREAS, Ordinance 2015-03 authorized the le vy of a special tax for th e benefit of The City of Marina Community Faci lities District 2015-1 starting in Fiscal Year 2015-16 and increasing by the lesser of 4% or t he Construction Cost Index as published in the Engineering News Record (ENR) from the prev ious approved Maximum Spec ial Tax. For Fiscal Year 22/23, the Constructi on Cost Index increased by 4%. The Rates and Apportionment for this District therefore applies a maximum annual rate increase of 4%, and;
WHEREAS the Administrator has calculated the maximum Fiscal Year 2022/23 special tax to be $541.32 per parcel and $6,421.69 per Acre of undeveloped property, and;
WHEREAS, the CFD administrator having further considered the special tax requirements in accordance with Exhibit A to Ordinance 2015-03, by which Community Facilit ies District 2015-1 was established and continues, has determined that a spe cial tax for fiscal year 2022-23 be assessed at $541.32 per parcel and $6,421.69 per Acre of undeveloped property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Marina that:
1. The City does hereby confirm the d iagram and asse ssment as d escribed in the Engineer's Report on file with the City Clerk.
2. The City does hereby order the levy a nd collection of said assessment $541.32 per parc el and $ 6,421.69 per Acre of undeveloped property for FY 2022/23 assessment for The Dunes CFD No. 2015-1.
3. It is the intention of the City of Marina that any monetary advance mad e by it during any fiscal year to cover a deficit in the improvement fund of Community Facilities District No. 2015-1 shall be repai d from the next annual assessments levied and collected within Community Facilities District No. 2015-1
4. The City Clerk is hereby authorized and directed to file a certified cop y of said diagram and assessme nt with the Monterey County Auditor prior to Augus t 1, 2022.
PASSED AND ADOPTED by the City Council of t he City of Marina at a regular meeting duly held on the 6th day of July 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_____________________________
Bruce Delgado, Mayor
ATTEST:
__________________________________
Anita Sharp, Deputy City Clerk
4 RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY OF MARINA CERTIFYING
COMPLIANCE WITH STATE LAW (PROPOSITION 218) WITH RESPECT TO
LEVYING OF SPECIAL TAXES ON BEHALF OF CITY OF MARINA COMMUNITY FACILITIES DISTRICT NO. 2015-1 FOR FISCAL YEAR 2022-2023
WHEREAS, the City of Marina “Pu blic Agency” requests that the Mo nterey C ounty Auditor - Controller enter those general or special taxes, assessments, or pr operty-related Fee s or charges identified in Exhibit “A” on the tax roll for colle ction and d istribution by the Monterey County Treasurer-Tax Collector commencing with the property tax bills for fiscal year 2022-23
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The Public Agency hereby certifies th at it has, without limitation, complie d w ith all legal procedures and requirements necessa ry for the le vying and imposition of the general or special taxes, assessments, or property -related fees or charges identi fied in Exhibit “A ”, regardless of whether t hose procedures and requirements are s et forth in the Constitution of the State of California, in State statues, or in the applicable law of the State of California.
2. The Public Agency further certifies that, except for the so le negligence or misconduc t of the County of Monterey, its offic ers, employees, and agents, with regards to the hand ling of the C d or electronic file identified as Exhibit “A”, the Public Agency shall be solely liable and responsible for defending, at its sole expense, cost, and ri sk, each and every action, suit, or ot her proceeding brought against the County of Monterey, its officers, employees, and agents for every claim, demand, or challenge to the levying or imposition of the general o r sp ecial taxes, assessments, or property –related fees or charges identified in Exhibit “A” and that it shall pay or satisfy any judg ment rendered against the County of Monte rey, its officers, employees, and agents on every such action, suit, or other pro ceeding, including all claims for refunds an d interest thereon, legal fees and cou rt costs, a nd administrative expenses of the County of Monterey to correct the tax rolls.
PASSED AND ADOPTED by the City of Marina City Council at a regular meeting duly h eld on the 6th day of July 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
_________________________
Bruce C. Delgado, Mayor
ATTEST:
_________________________________
Anita Sharp, Deputy City Clerk
5 EXHIBIT A
ATTACHMENT TO RESOLUTION NO. 2022-____ OF THE CITY OF MARINA, COUNTY OF
MONTEREY, CALIFORNIA, CERTIFYING COMPLIANCE WITH STATE LAW WITH
RESPECT TO THE LEVYING OF SPECIAL TAX
FISCAL YEAR 2022-23
SPECIAL TAXES:
City of Marina CFD No. 2015-1 (The Dunes)
• Developed Property
o Residential Rate (Per-Unit Rate) $541.32
o Non-Residential Rate (Per-Acre Rate) $6,421.69
• Undeveloped Property (Per-Acre Rate) $6,421.69
Special Tax Levy Summary
Developed Property
Residential
Non-Residential
500 Units
0.00 Acres
$270,660.00
$0.00
Undeveloped Property 5.04 Acres $32,365.22
Total $303,025.22
6 EXHIBIT B
TO STAFF REPORT
Estimates Estimates Estimates
Summary FY 2021-2022 FY 2022-2023 FY 2023-2024*
Beginning Cash Balance, July 1st 480,079$ 480,541$ 440,296$ (a)Total Special Tax Revenue 1 72,172$ 303,025$ 315,146$ (b) Expenditures
M
aintenance Services
Facilities Maintenance 22,807$ 23,719$ 24,668$
Maintenance Cycle Deposit 141,186$ 146,833$ 152,706$ Construction Cost (Slurry Seal) -$ 165,000$ 190,000$ Administrative Services
Financial Administration 4,948$ 4,948$ 4,948$
Cost Allocation Charges 2,770$ 2,770$ 2,770$
(c) Total Services Costs 1 71,710$ 343,270$ 375,092$ Ending Fund Balance, June 30 th 480,541$ 440,296$ 380,351$ The Dunes Community Facilities District (CFD 2015-1)
Fiscal Year Budget Scenario
* Revenue and Expenditures for Fiscal Year 2023-24 are only estimates and subject to change. (c) Total Services Costs include Facilities Maintenance and Administration expenditures. Deposits are held for schedule maintenance projects. (b) Expenditures for FY 22/23 are estimated with City acceptance of CFD improvements, including a slurry seal for various streets. (a) Maximum Assessment per Rate of Apportionment is $ 541.32 per parcel & $6,421.69 per undeveloped acre for FY 22/23 (ENR Construction Cost Index increase of 4.0%).
7 July 1, 2022 Item No. 8f(2)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of July 6, 2022
CITY COUNCIL CONSIDER ADOPTING RESOLUTION 2022-, APPROVING
THE APPOINTMENT OF A COUNCIL MEMBER --------, AS AN ALTERNATE TO THE MONTEREY COUNTY AIRPORT LAND USE COMMISSION.
REQUEST:
It is requested that the City Council consider:
1. Adopting Resolution No. 2022-, approving the appointment of Council Member ________ as an alternate to the Monterey County Airport Land Use Commission (ALUC).
BACKGROUND:
The Monterey County Airport Land Use Commission (ALUC) is a 7-member commission created under the authority of California State Aeronautics Act (Public Utility Code section 21670). The primary purpose of the commission is to ensure that new land uses around public use airports do not create excessive noise and safety hazards for the public. Development proposals in the vicinity of local airports are referred to the ALUC by governing jurisdictions (County or incorporated city).
Commission shall consist of 7 members to be selected from:
• 2 representatives of the cities in the county, appointed by a selection committee comprised of the Mayors of all cities with that county.
• 2 representatives of the County, appointed by the Board of Supervisors. • 2 representatives of the airports within the County, appointed by a selection committee, comprised of the managers of all of the public airports within that County, however; one such representative shall be appointed from an airport operated for the benefit of the general public.
• 1 representative of the general public, appointed by the other six members of the commission
Purpose:
1. It is in the public interest to provide for the orderly development of each public use airport in this state and the area surrounding these airports so a s to promote the overall goals and objectives of the California airport noise standards adopted pursuant to Section 21669 and to prevent the creation of new noise and safety problems.
2. It is the purpose of this article to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses.
Powers and Duties: The commission has the following powers and duties, subject to the limitations upon its jurisdiction set forth in Section 21676:
1. To assist local agencies in ensuring compatible land uses in the vicinity of all new airports and in the vicinity of existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses.
2. To coordinate planning at the state, regional, and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety, and welfare.
REVISED REPORT
1 3. To prepare and adopt an airport land use compatibility plan pursuant to Section 21675.
4. To review the plans, regulations, and other actions of loc al agencies and airport operators pursuant to Section 21676.
5. The powers of the commission shall in no way be construed to give the commission jurisdiction over the operation of any airport.
6. In order to carry out its responsibilities, the commission may ado pt rules and regulations consistent with this article.
Terms shall be for 4 years, with expiration dates to be the first Monday in May of the year in which the Commissioner's term expires
FISCAL IMPACT: None
CONCLUSION:
Respectfully submitted,
___________________________
Layne Long
City Manager
City of Marina
2 RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA APPROVING THE APPOINTMENT OF COUNCIL MEMBER __________, AS AN ALTERNATE TO
THE MONTEREY COUNTY AIRPORT LAND USE COMMISSION
WHEREAS, The Monterey County Airport Land Use Commission (ALUC) is a 7 -member commission created under the authority of California State Aeronautics Act (Public Utility Code section 21670). ; and
WHEREAS, The primary purpose of the commission is to ensure that new land uses around public use airports do not create excessive noise and safety hazards for the public ; and
WHEREAS, Development proposals in the vicinity of local airports are referred to the ALUC by governing jurisdictions (County or incorporated city).; and
WHEREAS, Commission shall consist of 7 members to be selected from: 2 representatives of the cities in the county, appointed by a selection committee comprised of the Mayors of all cities with that county ; 2 representa tives of the County, appointed by the Board of Supervisors ; 2 representatives of the airports within the County, appointed by a selection committee, comprised of the managers of all of the public airports within that County, however; one such representative shall be appointed from an airport operated for the benefit of the general public ; and 1 representative of the general public, appointed by the other six members of the commission; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Marina herby:
1. Approve the appointment of Council Member __________ as an alternate to the Monterey County Airport Land Use Commission
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held this 6th day of July 2022, by the following vote:
AYES, COUNCIL MEMBERS:
NOES, COUNCIL MEMBERS:
ABSENT, COUNCIL MEMBERS:
ABSTAIN, COUNCIL MEMBERS:
___________________________
Bruce C. Delgado, Mayor
ATTEST:
_____________________
Anita Sharp, Deputy City Clerk
3 June 28, 2022 Item No. 8g(1)
Honorable Mayor and Members City Council Meeting
of the Marina City Council July 6, 2022
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 202 2-,
AUTHORIZING THE CITY MANAGER , OR HIS DESIGNEE TO ENTER
INTO A STANDARD VO LUNTARY AGREEMENT WITH THE
CALIFORNIA DEPARMENT OF TOXIC SUBSTANCE CONTROL AND
PAY ASSOCIATED FEES FOR THE CITY PARK BARRACKS AND
CYPRESS KNOLLS BUILDINGS BLIGHT REMOVAL 2022 PROJECT.
RECOMMENDATION:
It is requested that the City Counc il consider adopting Reso lution 202 2- authorizing the City Manager, or his designee, to enter into a Standard Voluntary Agreement (SVA), EXHIBIT A, with the California Department of Toxic Substance Control ( DTSC) and pay associated fees for the City Park Barracks and Cypress Knolls Buildings Blight Removal 2022 Project.
BACKGROUND:
The closure of Fort Ord resulted in land being deeded to the City of Marina in an “as-is” condition. The land contains numerous buildings that served the former Army base which have deteriorated since 1994 and need to be removed as part of the land redevelopment.
Some of the buildings are on property that the City will retain and must be removed or renovated for adaptive reuse. These include 62 -65 barracks buildings and 260 duplex housing units on what was planned to be the Cypress Knolls development.
Although the Fort Ord Reuse Authority (FORA) sunsetted on June 30, 2020, FOR A secured bond funding for blight removal prior to closure. Included in the bond funding are FORA bond trust funds allocated to the City amounting to $8,561,968 and escrow bonds that are projected to generate $6.5M in blight removal funding through 2025.
On September 15,2020, October 27, 2020, and January 20,2021, the Marina City Council adopted Resolution No. 2020 -127, 2020-140 and 2021-11, res pectively, receiving st aff presentation on blight removal and blight removal projects and provides direction to staff on priorities for blight removal.
On May 4, 2021, the City Council passed Resolution No. 202 1-42 approving amendment to the Program Management Services and Construction Management and Inspection between the City of Marina and Wallace Group , to add program management and construction management and inspection services for the execution of hazardous material abatement and bl ighted building removal projects.
The Wallace Group prepared bidding documents (plans, specifications, and estimates) for the blight removal project . The goal for thi s project is for the abatement, proper removal, and disposal of forty-five barracks and miscellaneous debris , including debris from two burnt buildings at the proposed City Park located along Second Avenue and 8 th Street and thirty duplex buildings and miscellaneous d ebris including debris from one burnt building, at the Cypress Knoll area along Rendova Avenue and Third Avenue for future park and or residential development. Site plans are shown in EXHIBITS B and C.
1 On March 10, 2022, the City of Marina Planning Commission had an open public hearing and adopted Resolution No. 2022-05b, approving the removal of 34 trees at the proposed City Park at the Dunes location and five trees at the Cypress Knolls location in order to remove the blighted buildings. All healthy trees are to be replaced at 2:1 ratio.
Staff in consultation with DTSC determine d that soil removal would be required at a greater depth to remediate lead in the soil adjacent to buildings to be removed. Due to additional depth of soil removal, additional tree removal was identified.
On June 9 , 2022, the Ci ty of Marina Planning Commi ssion had an open public hearing and adopted Resolution No. 2022-09, approving the removal of additional three trees for a total of thirty-five trees to b e removed, and two potential additional trees for removal at the proposed City Park at the Dunes.
On March 15, 2022, the City Council passed Resolution No. 202 2-43 approving advertising and call for bids for the City Park Barracks and Cypress Knolls Buildings Blight Removal 2022 Project. Eight bids were received on May 17, 2022, and are currently under r eview pending recommendation at a future City Council meeting.
ANALYSIS:
The two parcels, 031-201-005 (City Park) and 031-221-008 (Cypress Knolls) , included in this project were part of the scope of the ori ginal Removal Action Work Plan (RAW; Northgate, 2006) for Soil Impacted by Lead-Based Paint at former Fort Ord, Marina, California. For these parcels to be used as residenti als or for a non-restricted use, the City must follow the approved remedy in the RAW from 2006 with the updated lead cleanup goal of 80 mg/kg.
The City must execute an SVA with the California Department of Toxic Substance Control (DTSC) and pay associated fees required for the City Park Barracks and Cy press Knolls Buildings Blight Removal 2022 Project. The SVA is pursuant to Health and Safety Code section 25355.5 (a)(1)(C), which authorize s DT SC to enter into an enforc eable agreement to oversee investigation and/or remediation of a release or a threa tened release of any hazar dous substance at the site.
The purpose of this SVA is to allow the City to investigate, remediate and/or evaluate a release, a threatened release, or potential release of any hazardous substance at or from the site under the oversight of DTSC. The SVA also provides reimbursement to DTSC in the amount of $39,936 for DTSC’s oversight cost.
FISCAL IMPACT:
This action, authorizing the City Manager to enter into a Standard Voluntary Agreement (SVA), with DTSC and pay associated fees for the City Park Barracks and Cy press Knolls Build ings Blight Removal 2022 Project will have a fiscal impact in the amount of $39,936.
Sufficient funding for this action has been allocated in Capital Improvement Project HSF2101 for Barracks Blight Removal with a funding amount of $4,100,000 and HSF2103 for the Cypress Knolls Building R emoval (Partial) with a funding amount of $1,600,000 for a total project funding of $5,700,000
2 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The City of Marina Planning Division determined that this action, authorizing the City Manager to enter into SVA with the California Department of Toxic Substance Control ( DTSC) and pay associated fees for the City Park Barrac ks and Cy press Knolls Build ings Blight Removal 20 22 Project is not a project under CEQA.
CONCLUSION:
This request is submitted for City Council consideration and possible action.
Respectfully submitted,
Elvie Morla-Camacho, P.E., QSD/P
Project Management Services Wallace Group
REVIEWED/CONCUR:
Brian McMinn, P.E., P.L.S.
Public Works Director/City Engineer
City of Marina
Layne P. Long
City Manager
City of Marina
3 RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
AUTHORIZING THE CITY MANAGER , OR HIS DESIGNEE, TO ENTER
INTO A STANDARD VOLUNTARY AGREEMENT WITH THE CALIFORNIA
DEPARMENT OF TOXIC SUBS TANCE CONTROL AND PAY ASSOCIATED
FEES FOR THE CITY PARK BARRACKS AND CYPRES S KNOLLS
BUILDINGS BLIGHT REMOVAL 2022 PROJECT.
WHEREAS, the closure of Fort Ord resulted in land being deeded to the City of Marina in an “as-is” condition. The land contains nume rous building s that served the former Army base which have deteriorated since 1994 and need to be removed as part of the land redevelopment.
Some of the buildings are on property that the City will retain and must be r emoved or renovated for adaptive reuse . These inclu de 62-65 barracks buildings and 260 d uplex housing units on what was planned to be the Cypress Knolls development; and
WHEREAS, the Fort Ord Reuse Authority (FORA) sunsetted on June 30, 2020, FOR A secured bond funding for blight removal prior to closure. Included in the bond funding are FORA bond trust funds allocated to the City amounting to $8,561,968 and escrow bonds that are projected to generate $6.5M in blight removal funding through 2025; and
WHEREAS, on September 15,2020, October 27, 2020, and January 20,2021, the City Council of the City of Marina adopted Resolution No. 2020 -127,2020-140 and 2021 -11, respectively, receiving st aff presentation on blight removal and blight removal projects and provi des direction to staff on priorities for blight removal; and
WHEREAS, On May 4, 2021, the City Council passed Resolution No. 2021 -42 approving amendment to the Program Management Services and Construction Mana gement and Inspection between the City of Marina and Wallace Group, to add program management and construction management and inspection services for the execution of hazardous material abatement and blighted building removal projects; and
WHEREAS, The Wallace Group prepared bidding documents (plans, specifications, and estimates) for the blight remo val project. The goal for this project is for the abatement, proper removal, and dispos al of forty -five barracks and miscellaneous debris, including debris from two burnt buildings at the proposed City Park located along Second Avenue and 8th Street and thirty duplex buildings and miscellaneous debris including debris from one burnt building , at the Cypress Knoll area along Rendova Avenue and Third Avenue for future park and or residential development. Site plans are shown in Exhibits B and C; and
WHEREAS, on March 10, 2022 the City of Marina Planning Commission h eld an open public hearing and adopted Resolution No. 2022-05b, approving the removal of 34 trees at the proposed City Park at the Dunes location and five trees at the Cypress Knolls location in or der to remove the blighted buildings. All healthy trees are to be replaced at 2:1 ratio; and
WHEREAS, on June 9, 2022, t he City of Marina Planning Commission h eld an open public hearing and adopted Resolution No. 2022-09, approving the removal of addition al three trees for a total of thirty -five trees to be removed, and two potential additional trees for removal at the proposed City Park at the Dunes; and
4 Resolution No. 2022-
Page Two
WHEREAS, On Marc h 15, 2022, the City Council passed Resolution No. 202 2-43 approving advertising and call for bids for the City Park Barracks and Cypress Knolls Buildings Blight Removal 2022 Project; and
WHEREAS, the two parcels, 031 -201-005 (City Park) and 031 -221-008 (Cypress Knolls), included in this project were part of the scope of the original Re moval Action Work Plan (RAW; Northgate, 2006) for Soil Impacted by Lead -Based Paint at fo rmer Fort Ord, Marina, California. For these parcels to be used as residentials or for a non -restricted use, the City must follow the approved remedy in the RAW from 2 006 with the updated lead cleanup goal of 80 mg/kg; and
WHEREAS, the City must execute an SVA with the California Department of Toxic Subs tance Control (DTSC) and pay associated fees required for the City Park Barracks and Cypress Knolls Buildings Blight Removal 2022 Project. The SVA is pursuant to Health and Safety Code section 25355.5 (a)(1)(C), which authorizes DTSC to enter into an enfor ceable agreement to oversee investigation and/or remediation of a release or a threatened release of any hazardous substance at the site; and
WHEREAS, This action, authorizing the City Manager to enter into a Standard Voluntary Agreement (SVA), with DTSC and pay associat ed fees for the City Park Barracks and Cypress Knolls Buildings Blight Removal 2022 Project will hav e a fiscal impact in the amount of $39,936; and
WHEREAS, Sufficient funding for this action has been allocated in Capital Improvement Project HSF2101 for Barracks Blight R emoval with a funding amount of $4,100,000 and HSF2103 for the Cypress Knolls Building Removal (Partial) with a funding amount of $1,600,000.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Marina does hereby:
1. Authorize the City Manager , or his designee, to enter into a Standard Voluntary Agreement (SVA) with the Cal ifornia Department of Toxic Substance Control ( DTSC), Exhibit A , and pay associated fees for the execution of the City Park B arracks and Cypress Knolls Buildings Blight Removal 2022 Project.
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Marina, duly held on the 6th day of July 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Bruce C. Delgado, Mayor
ATTEST:
Anita Sharp, Deputy City Clerk
5 STATE OF CALIFORNIA
ENVIRONMENTAL PROTECTION AGENCY
DEPARTMENT OF TOXIC SUBSTANCES CONTROL
1 In the Matter of:
Site 1: City Park and Site 2: Cypress
Knolls
2866 Second Avenue
Marina, California, 93933
Proponent:
The City of Marina
209 Cypress Avenue
Marina, California 93933
Docket No. HWCA-FY21/22-022
Standard Voluntary Agreement
Health and Safety Code
25355.5(a)(1)(C)
The California Department of Toxic Substances Control (DTSC) and the City of Marina (Proponent) enter into this Standard Voluntary Agreement (Agreement) and agree as follows:
1. Sites. This Agreement applies to the Sites located at 2866 Second Avenue, on the former Fort Ord; Marina, in Monterey County, California 93933 (Site), identified by Monterey County Assessor's Parcel Number(s) Site 1: 031-221-008, and Site 2: 031-201-005, and any off-site area to which hazardous substances have or may have migrated from the Site. The Site is comprised of two noncontiguous parcels totaling approximately 15.033 acres in size; the 031-221-008 parcel is bordered by Imjin Parkway, California Ave, and Patton Parkway, and the 031-201-005 parcel is bordered by Second Avenue and Eighth Street. The Site was previously used by the Army for barracks, administrative, maintenance and recreational activities. The land surrounding the Site is a mix of commercial and residential properties. A Site location map and a Site diagram are attached as Exhibits A and B.
2. Jurisdiction. This Agreement is entered into by DTSC and Proponent pursuant to Health and Safety Code section 25355.5(a)(1)(C), which authorizes DTSC to enter into an enforceable agreement to oversee investigation and/or remediation of a release or a threatened release of any hazardous substance at or from the Site.
3. Purpose. The purpose of this Agreement is for Proponent to investigate, remediate, and/or evaluate a release, a threatened release, or a potential release of any hazardous substance at or from the Site under the oversight of DTSC. The purpose of this Agreement is also for DTSC to obtain reimbursement from Proponent for DTSC's oversight costs incurred pursuant to this Agreement.
DocuSign Envelope ID: 30F6A613-1FE8-4220-9FA8-DA89F98247DD 6 2
Standard Voluntary Agreement Model July 30, 2020,
Version Update February 9, 2022
4. Ownership and Notification.
4.1. The Site is owned by the City of Marina.
4.2. Prior to DTSC providing oversight or review or comment on any document, Proponent shall provide DTSC with all of the following: (a) proof of the identity of all current record owners of fee title to the Site and their mailing addresses; (b) written evidence that the owners of record have been sent a notice that describes the actions completed or proposed by Proponent; and (c) an acknowledgment of the receipt of the notice required in subparagraph (b) from the property owners or proof that Proponent has made reasonable efforts to deliver the notice to the property owner and was unable to do so.
4.3. Proponent shall notify DTSC of any changes in ownership of the Site subsequent to the Effective Date of this Agreement and provide written evidence that Proponent notified the new owner(s) of record of the actions completed or proposed by Proponent under this Agreement.
5. Substances Found at the Site. Based on the information available to DTSC and Proponent, the Site is or may be contaminated with hazardous substances, including lead.
6. Scope of Work and DTSC Oversight. DTSC shall review and provide Proponent with written comments on all Proponent’s deliverables as described in Exhibit C (Scope of Work) and other documents applicable to the scope of the project. DTSC shall provide oversight of field activities, including sampling and remedial activities, as appropriate. Proponent agrees to perform all the work required by this Agreement.
Proponent shall perform the work in accordance with applicable local, state and federal statutes, regulations, ordinances, rules and guidance documents, in particular, Health and Safety Code section 25300 et seq., as amended.
7. Additional Activities. DTSC and Proponent may amend this Agreement to include additional activities in accordance with Paragraph 17 of this Agreement.
If DTSC expects to incur additional oversight costs for these additional activities, it will provide an estimate of the additional oversight costs to Proponent.
8. Endangerment During Implementation.
8.1 Proponent shall notify DTSC’s Project Manager immediately upon learning of any condition that may pose an immediate threat to public health or safety or the environment. Within seven days of the onset of such a condition, Proponent shall furnish a report to DTSC, signed by Proponent’s Project Manager, setting forth the conditions and events that occurred and the measures taken in response thereto.
DocuSign Envelope ID: 30F6A613-1FE8-4220-9FA8-DA89F98247DD 7 3
Standard Voluntary Agreement Model July 30, 2020,
Version Update February 9, 2022
8.2 In the event DTSC determines that any activity (whether or not pursued in compliance with this Agreement) may pose an imminent or substantial endangerment to the health or safety of people on the Site or in the surrounding area or to the environment, DTSC may order Proponent to conduct additional activities in accordance with Paragraph 7 of this Agreement or to stop further implementation of this Agreement for such period of time as may be needed to abate the endangerment. DTSC may request that Proponent implement interim measures to address any immediate threat or imminent or substantial endangerment.
9. Access. Proponent shall provide, and/or obtain access to the Site and take all reasonable efforts to obtain access to offsite areas to which access is necessary to implement the Agreement. Such access shall be provided to DTSC's employees, contractors, and consultants at all reasonable times. Nothing in this paragraph is intended or shall be construed to limit in any way the right of entry or inspection that DTSC or any other agency may otherwise have by operation of law.
10. Sampling, Data and Document Availability. When requested by DTSC, Proponent shall make available for DTSC’s inspection, and shall provide copies of, all data and information concerning contamination at or from the Site, including technical records and contractual documents, sampling and monitoring information and photographs and maps, whether or not such data and information was developed pursuant to this Agreement. For all final reports, Proponent shall submit one hard (paper) copy and one electronic copy with all applicable signatures and certification stamps as a text-readable Portable Document Formatted (pdf) file compatible with Adobe Acrobat or a formatted file compatible with Microsoft Word.
11. Photographs and Drawings. Upon request by DTSC, Proponent shall provide DTSC with photographs Proponent has in its possession of the Site and activities at the Site, as well as drawings Proponent has in its possession in connection with redevelopment plans for the Site. Proponent shall allow DTSC to take photographs of the Site, including activities at the Site, whenever DTSC accesses the Site pursuant to Section 9. Proponent grants DTSC the right to distribute, transmit, publish, or copy, in any medium, either in whole or in part, the photographs or drawings DTSC obtains pursuant to this section for any use, including, but not limited to, project documentation, public outreach, web and social media content, and marketing materials. This section does not apply to drawings that contain confidential business information.
12. Record Preservation. Proponent shall retain, during the implementation of this Agreement and for a minimum of six years after its termination, all data, reports, and other documents that relate to the performance of this Agreement. If DTSC requests that some or all of these documents be preserved for a longer period of time, Proponent shall either comply with the request, deliver the documents to DTSC, or permit DTSC to copy the documents at Proponent’s expense prior to destruction.
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13. Notification of Field Activities. Proponent shall inform DTSC at least seven days in advance of all field activities pursuant to this Agreement and shall allow DTSC and its authorized representatives to take duplicates of any samples collected by Proponent pursuant to this Agreement.
14. Project Managers. Within 14 days of the effective date of this Agreement, DTSC and Proponent shall each designate a Project Manager and shall notify each other in writing of the Project Manager selected. The Proponent's Project Manager shall have the technical expertise in project management, regulatory compliance, and hazardous substance site investigation and remediation sufficient to fulfill his or her responsibilities. Each Project Manager shall be responsible for overseeing the implementation of this Agreement and for designating a person to act in his/her absence. All communications between DTSC and Proponent, and all notices, documents and correspondence concerning the activities performed pursuant to this Agreement shall be directed through the Project Managers. Each party may change its Project Manager with at least seven days prior written notice.
15. Proponent’s Consultant and Contractor. All engineering work performed pursuant to this Agreement shall be under the direction and supervision of a registered professional engineer licensed in California, with expertise in hazardous substance site investigation and remediation. All geological work performed pursuant to this Agreement shall be under the direction and supervision of a registered professional geologist licensed in California, with expertise in hazardous substance site investigation and remediation. Proponent's contractors and consultants shall have the technical expertise sufficient to fulfill his or her responsibilities. Within 14 days of the effective date of this Agreement, Proponent shall notify DTSC’s Project Manager in writing of the name, title, and qualifications of the registered professional engineer and/or professional geologist and of any contractors or consultants and their personnel to be used in carrying out the work under this Agreement in conformance with applicable state law, including but not limited to, Business and Professions Code sections 6735 and 7835.
16. DTSC Review and Approval. All work performed pursuant to this Agreement is subject to DTSC’s review and approval. If DTSC determines that any report, plan, schedule or other document submitted for approval pursuant to this Agreement fails to comply with this Agreement or fails to protect public health or safety or the environment, DTSC may (a) return comments to Proponent with recommended changes and a date by which the Proponent must submit to DTSC a revised document incorporating or addressing the recommended changes; or (b) modify the document in consultation with Proponent and approve the document as modified. All DTSC approvals and decisions made regarding submittals and notifications will be communicated to Proponent in writing by DTSC's Branch Chief or his/her designee.
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No informal advice, guidance, suggestions or comments by DTSC regarding reports, plans, specifications, schedules or any other writings by the Proponent shall be construed to relieve Proponent of the obligation to obtain such written approvals.
17. Payment.
17.1 Proponent is required to pay (a) all costs incurred by DTSC in association with preparation of this Agreement, and for oversight activities, including review of documents, conducted prior to the effective date of this Agreement; and (b) all costs incurred by DTSC in providing oversight pursuant to this Agreement, including review of the documents and activities described in Exhibit C and associated documents, and oversight of field activities. Costs incurred include interest on unpaid amounts that are billed and outstanding more than 60 days from the date of the invoice.
17.2 An estimate of DTSC's oversight costs is attached as Exhibit D. It is understood by the parties that Exhibit D is an estimate and cannot be relied upon as the final cost figure. DTSC may provide an adjusted cost estimate as the work progresses.
Prior to adjusting the cost estimate, DTSC will provide Proponent with a written notice and a detailed explanation of the change to the cost estimate. DTSC will bill Proponent quarterly. Proponent agrees to make payment within 30 days of receipt of DTSC's billing. Such billings will reflect any amounts that have been advanced to DTSC by Proponent.
17.3 In anticipation of oversight activities to be conducted, Proponent shall make an advance payment of $ 19,968 to DTSC no later than 10 days after this Agreement is fully executed. It is expressly understood and agreed that DTSC's receipt of the entire advance payment as provided in this paragraph is a condition precedent to DTSC's obligation to provide oversight, review of or comment on documents. DTSC will draw-down from the advance payment, which will be documented in DTSC’s invoice.
When the advance payment is depleted, DTSC will continue to request payment through the invoice process.
17.4 All payments made by Proponent pursuant to this Agreement shall be by check payable to the "Department of Toxic Substances Control” and bearing on its face the project code for the Site (Site # 202420) and the docket number HWCA-FY21/22- 022 of this Agreement. Upon request by Proponent, DTSC may accept payments made by credit cards or electronic funds transfer. Payments by check shall be sent to:
Accounting Office
Department of Toxic Substances Control
P.O. Box 806
Sacramento, California 95812-0806
A photocopy of the check shall be sent concurrently to DTSC's Project Manager.
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17.5 DTSC shall retain all cost records associated with the work performed under this Agreement as may be required by state law. DTSC will make all documents that support DTSC's cost determination available for inspection upon request in accordance with the Public Records Act, Government Code section 6250 et seq.
17.6 In addition to direct costs incurred by DTSC, DTSC also bills its indirect costs associated with direct staff costs. Such indirect costs are only applied to DTSC direct labor costs and not to DTSC contractor costs or DTSC staff travel costs. DTSC calculates separate indirect cost rates (salary/benefits and general operating costs) for each of its major programs (Site Mitigation and Restoration, Hazardous Waste Management, and Safer Products and Workplaces Programs). Because the ratio of direct to indirect costs varies among DTSC’s various programs, the indirect cost rates associated with those programs will also vary. Pursuant to Health and Safety Code section 25269.4, the Department calculates and updates its indirect cost rates every six months. These indirect rates are reflected in the Cost Estimate in Exhibit D.
18. Amendments. This Agreement may be amended in writing by mutual agreement of DTSC and Proponent. Such amendment shall be effective the third business day following the day the last party signing the amendment sends its notification of signing to the other party. The parties may agree to a different effective date.
19. Termination for Convenience.
19.1 Except as otherwise provided in this paragraph, each party to this Agreement reserves the right to unilaterally terminate this Agreement for any reason.
Termination may be accomplished by giving a 30-day advance written notice of the election to terminate this Agreement to the other party. In the event that this Agreement is terminated under Paragraph 19.1, Proponent shall be responsible for DTSC costs through the effective date of termination.
19.2 If operation and maintenance activities are required for the final remedy, Proponent may not terminate the Agreement under Paragraph 19.1 upon DTSC’s approval of an Operation and Maintenance Plan as proposed by Proponent, unless an Operation and Maintenance Agreement is entered into between DTSC and Proponent or between DTSC and a party responsible for the required operation and maintenance activities.
20. Calendar of Tasks and Schedules. The attached Exhibit E (Calendar of Tasks and Schedules) is merely for the convenience of listing in one location the submittals required by this Agreement. The Calendar of Tasks and Schedules lists activities specific to this project based on the available information. DTSC and Proponent shall make a reasonable effort to complete the activity within the schedule DocuSign Envelope ID: 30F6A613-1FE8-4220-9FA8-DA89F98247DD 11 7
Standard Voluntary Agreement Model July 30, 2020,
Version Update February 9, 2022
outlined in Exhibit E. A schedule for each related activity shall be established as part of this Agreement.
If Proponent is unable to meet the activity’s schedule, Proponent will notify DTSC’s Project Manager 10 days prior to the scheduled action or submittal date. If DTSC is unable to meet the activity’s schedule, DTSC will notify Proponent 10 days prior to the scheduled action or submittal date.
21. Incorporation of Exhibits, Plans and Reports. All exhibits are incorporated into this Agreement by reference. All plans, schedules and reports that require DTSC’s approval and are submitted by Proponent pursuant to this Agreement are incorporated in this Agreement upon DTSC’s approval.
22. Reservation of Rights. DTSC reserves all of its statutory and regulatory powers, authorities, rights, and remedies under applicable laws to protect public health or the environment, including the right to recover its costs incurred therefor. Proponent reserves all of its statutory and regulatory rights, defenses and remedies available to the Proponent under applicable laws.
23. Non-Admission of Liability. By entering into this Agreement, Proponent does not admit to any finding of fact or conclusion of law set forth in this Agreement or any fault or liability under applicable laws.
24. Proponent Liabilities. Nothing in this Agreement shall constitute or be considered a covenant not to sue, release or satisfaction from liability by DTSC for any condition or claim arising as a result of Proponent's past, current, or future operations or ownership of the Site.
25. Government Liabilities. The State of California or DTSC shall not be liable for any injuries or damages to persons or the Site resulting from acts or omissions by Proponent or by related parties in carrying out activities pursuant to this Agreement, nor shall the State of California or DTSC be held as a party to any contract entered into by Proponent or its agents in carrying out the activities pursuant to this Agreement.
26. Third Party Actions. In the event that Proponent is a party to any suit or claim for damages or contribution relating to the Site to which DTSC is not a party, Proponent shall notify DTSC in writing within 10 days after service of the complaint in the third-party action. Proponent shall pay all costs incurred by DTSC relating to such third-party actions, including but not limited to responding to subpoenas.
27. California Law. This Agreement shall be governed, performed and interpreted under the laws of the State of California.
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28. Severability. If any portion of this Agreement is ultimately determined not to be enforceable, that portion will be severed from the Agreement and the severability shall not affect the enforceability of the remaining provisions of the Agreement.
29. Parties Bound. This Agreement applies to and is binding, jointly and severally, upon Proponent and its agents, receivers, trustees, successors and assignees, and upon DTSC and any successor agency that may have responsibility for and jurisdiction over the subject matter of this Agreement. Proponent shall ensure that its contractors, subcontractors and agents receive a copy of this Agreement and comply with this Agreement.
30. Effective Date. The effective date of this Agreement is the date of signature by DTSC’s authorized representative after this Agreement is first signed by Proponent’s authorized representative. Except as otherwise specified, “days” means calendar days.
31. Representative Authority. Each undersigned representative of the party to this Agreement certifies that she or he is fully authorized to enter into the terms and conditions of this Agreement and to execute and legally bind the party to this Agreement.
32. Counterparts. This Agreement may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts shall together constitute one and the same document. This Agreement and documents related to it may be executed and transmitted by facsimile or pdf copy, which copies shall be deemed to be, and utilized in all respects as, an original. However, Proponent must provide the wet-inked signed original of each counterpart to DTSC by mail within 14 calendar days of signing.
_____________________________________ Date: _________________________ Hortensia Muniz-Ghazi
Branch Chief
Site Mitigation and Restoration Program
Department of Toxic Substances Control
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Version Update February 9, 2022
______________________________________ Date: _________________________ Brian McMinn
Representative
City of Marina
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LIST OF EXHIBITS TO THE AGREEMENT
EXHIBIT A: SITE LOCATION MAP
EXHIBIT B: SITE DIAGRAMS
EXHIBIT C: SCOPE OF WORK
EXHIBIT D: COST ESTIMATE FOR DTSC OVERSIGHT SERVICES
EXHIBIT E: CALENDAR OF TASKS AND SCHEDULE
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EXHIBIT A
SITE LOCATION MAP
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EXHIBIT B
SITE DIAGRAMS
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EXHIBIT C
SCOPE OF WORK
The following tasks will be completed as part of this Agreement:
TASK 1 Document Review
Proponent will submit to DTSC available background information, environmental assessment reports, and any other information pertinent to the hazardous substance management, release, characterization, and/or cleanup of the Site. DTSC may review some or all the information to identify areas and media of concern and to determine the additional work, if any, required to complete the investigation (which includes assessment/evaluation activities not requiring field sampling) and/or remediation of the Site. Proponent may also provide environmental investigation and/or cleanup-related documents for a specific review to determine if actions conducted without DTSC oversight were protective of human health and the environment. The information submitted by Proponent shall be reviewed for conformance with DTSC standards for quality assurance/quality control, investigation, and remediation.
Based on DTSC’s review, these documents may be considered to be Preliminary Endangerment Assessment equivalent documents.
Subsequent to its review, DTSC may issue correspondence to the Proponent describing deficiencies of the environmental investigation or cleanup, indicate a limited concurrence with the findings, or make a different determination based on specific circumstances and documents included in the review. For projects where the scope of work is limited to document review only, a formal scoping meeting may not be required, based on mutual agreement between DTSC and the Proponent.
Documents included in this task are:
1. Removal Action Workplan, Northgate Environmental Management, Inc., 2006
2. Update Information for the Removal Action Workplan, West Environmental Services and Technology, 2020
TASK 2 Scoping Meeting
Scoping meetings are required for all voluntary projects where investigation or cleanup is an anticipated aspect of the scope of work; these are conducted shortly after the agreement has been executed, or depending on specific circumstances, may be held during the agreement-negotiation period. During the scoping meeting, potential issues, concerns, opportunities to optimize and expedite the investigation (which includes assessment/evaluation activities not requiring field sampling) and cleanup process, as applicable, and end-points/exit criteria will be discussed.
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An abbreviated version of the scoping meeting is recommended prior to submittal of work plans, reports and cleanup plans to ensure that both the Proponent and DTSC are moving forward with clear and well-defined expectations.
The following elements may be addressed during the Scoping Meeting:
a) Site Objectives: current and proposed future land uses and redevelopment plans and timetables, etc.
b) Site History: historic operations and land uses, chemical uses, hazardous substance releases, permits, etc.
c) Conceptual Site Model: identification of size, location, geology, lithology, hydrogeology, areas of concern, contaminants of concern, recognized environmental conditions, historic sampling locations and results, data gaps, risk assessments, offsite concerns, etc.
d) Scope of Work: scope of work (phases) as specified in the Agreement based on the available information and preliminary document review; may include discussion about the cleanup determination (e.g., “No Further Action”) and decision document proposed for the Site, e.g., Preliminary Endangerment Assessment, Removal Action Work Plan for removal action with costs below $2 million, or Remedial Action Plan for projects exceeding $2 million in capital costs, or proposing innovative technologies, etc.
e) Data Quality Objectives and Remedial Action Objectives: discussion of specific Data Quality Objectives to ensure that appropriate data of sufficient quality is collected to facilitate decision-making; discussion of potential cleanup goals and objectives.
f) Risk Assessment and Models: evaluation of published screening levels, if available and appropriate, or use of project-specific risk assessments; discuss risk management and risk communication strategies.
g) California Environmental Quality Act (CEQA) requirements: identification of project-specific requirements where applicable, e.g., cultural resources, traffic concerns, ecological resource protection, etc.; identify what DTSC’s CEQA role is predicted to be, which documents will be developed, and how to integrate CEQA needs within the overall schedule.
h) Public Participation & Tribal Outreach: discussion of community and tribal involvement and public outreach process, methods, translation needs, and schedule.
i) Schedule: agreed-upon submittal and review dates and timelines for work plans, fact sheets, reports and other key documents; development of optimal sequencing of activities to efficiently reach project goals.
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j) Resources: Review checklists, quick reference sheets, and templates are available for use by those developing documents for DTSC review and approval. (These tools will be periodically updated and may be made available to Proponents by the DTSC Project Manager)
k) Exit Strategy & Completion of Agreement: proposed future land use, Site acquisition and construction dates, funding limitations or requirements, approval for occupancy, etc. to ensure alignment of Proponent and DTSC goals. l) Site Visit: A visit to the Site will be conducted to verify and confirm current conditions and project discussions; the visit may take place on the same date as the scoping meeting. Subsequent visits may be needed if Site conditions change, if new staff are assigned, or for field oversight.
TASK 3 Sampling and Analysis Plan
The Proponent shall provide a sampling and analysis plan (SAP) for the site following the conditions of the 2006 RAW and the 2020 SAP approved for this site.
TASK 4 Implementation of Remedy
Upon DTSC approval of the SAP, the Proponent shall implement the remedy, as approved in the 2006 RAW.
TASK 5 Remedial Action Completion Report
Proponent shall submit a report documenting the implementation of the final RAW noting any deviations from the approved plan.
During implementation of the final RAW, DTSC may specify such additions, modifications and revisions to the RAW as deemed necessary to protect human health and safety or the environment or to implement the RAW.
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EXHIBIT D
COST ESTIMATE
COST ESTIMATE WORKSHEET
Type of Agreement: Voluntary Cleanup Agreement
Date: 6/7/2022
Site Name: Fort Ord, City of Marina Parcels
Site Code: 202420
DTSC Project
Team
VCP
Coord.
Project
Management Supervision Toxicology Geology Industrial
Hygienist Project Assistants
Classification
(personnel) Sr. ES EG SR. EG Staff
Toxicologist
Engineering
Geologist Assoc IH
Associate
Program
Analyst
Office
Technician
(Typing)
Agreement
Prep./Negotiation 5 5 2 2
Project
Management 20 4
Scoping Meeting 2 2
Site Visit 10 1
Sampling and
Analysis Plan 10 2 10 10 2
Review
Background
Information 5 1 1
Removal Action
Completion
Report 20 2 10 10 2
Certification 5 1 2
Total No.
Hours/Class 5 77 14 20 20 1 0 9
Hourly
Rate/Class $213 $257 $301 $251 $257 $213 $157 $96
Cost/Class $1,065 $19,789 $4,214 $5,020 $5,140 $213 $0 $864 Subtotal $36,305
Contingency
(10%) $3,631
Grand Total
Cost $39,936
Advance
Payment $19,968
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EXHIBIT E
CALENDAR OF TASKS AND SCHEDULE
Activity Schedule
Scoping Meeting
During Agreement negotiation, or shortly after
Agreement execution based on DTSC evaluation of
project needs
Advance Payment Within 10 days of Agreement execution
Proponent provides
ownership confirmation Within 10 days of Agreement execution Sampling and Analysis Plan
(SAP) Within 60 days of Agreement Execution
Lead Sampling and Removal
Activities Within 30 days of DTSC approval of SAP
Submit Lead Sampling and
Removal Activity Completion
Report (RACR)
Within 60 days of completion of field work²
DTSC decision on Lead
Sampling and Removal
Activity Completion Report
(RACR)
Within 30 days of receipt by DTSC1. May include
recommendation for further investigation or
cleanup, no further action, or no further action with
conditions.
Invoices DTSC issues quarterly
Cost estimate and Scope of
Work Updates and
Amendments
DTSC updates the scope and cost estimate
annually, or as needed, based on work needed to
complete the Agreement. Amendments are issued
on an as-need basis.
(1) Note that DTSC approvals in the target timeframes are contingent upon receiving documents that meet industry standards, comply with DTSC’s direction, and that responses to DTSC questions and/or comments are received in a timely manner.
(2) If workplan activities are not initiated within six months of the date of DTSC approval, DTSC may require additional investigation, public participation activities, and/or revision to the document.
DocuSign Envelope ID: 30F6A613-1FE8-4220-9FA8-DA89F98247DD 23 C I T Y O F M A R I N A
CONSTRUCTION MANAGEMENT
612 CLARION COURT
T 805 544-4011 F 805 544-4294
SAN LUIS OBISPO, CA 93401
www.wallacegroup.us
MECHANICAL ENGINEERING
LANDSCAPE ARCHITECTURE
SURVEYING / GIS SOLUTIONS
WATER RESOURCES
PUBLIC WORKS ADMINISTRATION
PLANNING
CIVIL AND TRANSPORTATION ENGINEERING
®
Elvira Nodora Morla-Camacho
C I V I L
No. 60577
AL
AT T
S
OFE C
A
O NRFI
I
REGISTERED PROFESSIONAL ENGINEER
May 5, 2022
REVISED DM-1 PER ADDENDUM No. 5
24 C I T Y O F M A R I N A
CONSTRUCTION MANAGEMENT
612 CLARION COURT
T 805 544-4011 F 805 544-4294
SAN LUIS OBISPO, CA 93401
www.wallacegroup.us
MECHANICAL ENGINEERING
LANDSCAPE ARCHITECTURE
SURVEYING / GIS SOLUTIONS
WATER RESOURCES
PUBLIC WORKS ADMINISTRATION
PLANNING
CIVIL AND TRANSPORTATION ENGINEERING
®
Elvira Nodora Morla-Camacho
C I V I L
No. 60577
AL
AT T
S
OFE C
A
O NRFI
I
REGISTERED PROFESSIONAL ENGINEER
May 5, 2022
REVISED DM-2 PER ADDENDUM No. 5
EXHIBIT C
25 June 28, 2022 Item No. 8g(2)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of July 6, 2022
CITY COUNCIL TO CONSIDER ADOPTING RESOLUTION NO. 20 22-,
APPROVING PROFESSIONAL SERVICES AGREEMENTS BETWEE N
THE CITY OF MARINA AND BKF ENGINEERS FOR PROGRAM
MANAGEMENT AND ON-CALL DESIGN SERVICES, AND A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF
MARINA AND GHIRARDELLI ASSOCIATES FOR ON-CALL
CONSTRUCTION MANAGEMENT AND CONSTRUCTION
INSPECTION SERVICES, FOR THE PAVEMENT RESURFACING AND
REHABILITATION PROGRAM , AN D AUTHORIZING T HE CITY
MANAGER TO EXECUTE THE AGREEMENTS ON BEH ALF OF THE
CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY
ATTORNEY.
REQUEST:
It is requested that the City Council:
1. Consider adopting Resolution No. 2022-, approving professional services agreements between the City of Marina and BKF Engineers for program management services (“EXHIBIT A”) and on-call design services (“EXHIBIT B”); and
2. Approving a professional services agreeme nt between the City of Marina and Ghirardelli Associates for on-call construction management and construction inspection services (“EXHIBIT C”) for the pavement resurfacing and rehabilitation program, and;
3. Authorizing the City Manager to execute the agreements on behalf of the City subject to final review and approval by the City Attorney.
BACKGROUND:
The City’s 15 6 lane miles of streets are in varying states of deterioration and in need of maintenance. Resurfacing of this infrastructure is approved by City Council as a priority for FY 21-22 an d FY 22 -23. I mproving the pavement network enhances the ride quality and convenience of residents. Also, it reduces the fuel and maintenance cost of vehicles d riving in the network . From the life cycle cost perspecti ve, due to the high cost of pavement reconstruction, the sooner the City controls the deterioration of the street network the more money will be saved for future fiscal years. To accomplish this, streets are selected based on the pavement management program analysis to provide the greatest benefit within the given budget.
The objective of this program is to enhance the Pavement Condition Index (PCI) of the street network to at least 70 PCI.
The City Council approved a two-year Capital Improvement Program (CIP) Budget on Nov 16, 2021. The funding f or the repair and maintenance of City stree ts includes $660,00 from the Measure X , $1,600,000 from the General Fund , and $400,000 from Senate Bill 1 Road Maintenance and Rehabilitation Account funds which provide a total of $2,660,000 per year for FY 21-21 and FY 22-23.
1 On February 15, the City Council approved the release of the RFP for the pavement resurfacing and rehabilitation program management. The staff received five Statement of Qualifications (SOQs), and four were selected for the i nterview process. Staff hel d an interview session on April 22 to evaluate the qualifications of consultants based on their presentation s. According to the eva luation results obtained from the review of SOQs and interview pan el, the staff has selected BKF Engineers along with Girardelli Associates as t he most q ualified firm s for this program.
On May 17, 2022, City Council approved providing $11.5 million as one-time fund ing for pavement projects from a bond secured by the Measure X funding source the City will receive .
The most efficient strategy represented by staff was through a lease revenue financing , with the specific financing instrument called a certificate of participation , representing an interest in the lease payments to be made by the City and is, in effect, a tax -exempt bo nd. This form of financing will be legally secured by the City’s General Fund, although all debts will be paid from the Measure X sales tax revenues.
On June 16, the City sold all the certificates of participation in the market an d was able to provide the scheduled $11.5 million by July 7th.
ANALYSIS:
The City regularly enters into various professional services con tracts during the course of business to support the delivery of capital improv ements. A program ma nagement services contract with a cons ulting firm i s one method to increase the capacity for resurfacing and rehabilitation of the 156 lane miles of City streets.
Staff recommends that the City enter s into agreements with BKF Engineers for pr ogram management services and on-call design services. Staff also recommends that the City enter into an on-call agreement with Ghirardelli Associates for construction management and ins pection services. Services will include all of the functions of city s taff related to pr oject delivery. The program management contract will include public outreach and website information updates related to the street program. Actual costs for design, and construction management and construction inspection ser vices will n ot b e known at the outset of the program management contract. As projects progress through desi gn and construction, the effort to design and inspect projects will be defined, and services will be provided through a work order issued under the on- call contracts.
Staff recommends that the contract terms for all three agreements be set for two years to expire on June 30, 2024, with an option to extend for an additional one year. Also, the paymen t method for all three agreements will be on the time -and-material basis. The not -to-exceed limit for the program management services contract will be $681,236.00, which is 4 percent of the total construction cost of the program (draft agreement attached a s “EXHIBIT A” ). The not -to- exceed limit for the on -call design services contract will be $1,600,000, which is anticipated to be 10 percent of the total construction cost (draft agreement attached as “EXHIBIT B”). Also, the limit for on-call construction management and inspection services will be $1,600,000, which is 10 percent of the total construction cost (draft agreement attached as “EXHIBIT C” ). The resulting agreements will allow the City to use the expertise and capabilities of a pavement project consulting team to increase project quality and delivery capacity
2 FISCAL IMPACT:
Projects to be managed and delivered under the recommended contracts are funded within the Capital Improvement Program. Project management and delivery are included within funded projects. All work orders issued under the on -call professional services con tracts will be funded through the approved Capital Improvement Program.
CONCLUSION:
This request is submitted for City Council consideration and possible action.
Saber Messhenas
Assistant Civil Engineer
City of Marina
REVIEWED/CONCUR:
Brian McMinn, P.E., P.L.S.
Public Works Director/City Engineer
City of Marina
Layne P. Long
City Manager
City of Marina
3 RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY OF MARINA APPROVING PROFESSIONAL
SERVICES AGREEMENTS BETWEEN THE CITY OF MARINA AND BKF
ENGINEERS FOR PROGRAM MANAGEMENT AND ON-CALL DESIGN SERVICES,
AND A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF
MARINA AND GHIRARDELLI ASSOCIATES FOR ON-CALL CONSTRUCTION
MANAGEMENT AND CONSTRUCTION INSPECTION SERVICES, FOR THE
PAVEMENT RESURFACING AND REHABILITATION PROGRAM, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS ON
BEHALF OF THE CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY.
WHEREAS, the City’s 156 lane miles of streets are i n varying states of deteriora tion and in need of maintenance. And improving the pavement network, enhances the ride quality and convenience of residents. Also, it reduces the fuel and maintenance cost of vehicles driving in the network. From the life cycle cost perspective, due to the high cost of pavement reconstruction, the sooner City controls the deterioration of the street network the more money will be saved for future fiscal years; and
WHEREAS, the City Council approved a two-year Capital Improvement Program (CIP) Budget on Nov 16, 2021. The funding for the repair and maintenance of City streets includes $660,00 from the Measure X, $1,600,000 from General Fund, and $400,000 from Senate Bill 1 Road Maintenance and Rehabilitation Account funds which provides a total of $2,660,000 per year for FY 21 -21 and FY 22-23; and
WHEREAS, on May 17, 2022 City Council approved to provide $11.5 million as one -time funding for pavement projects from a bond se cured by the Measure X fundin g source that the City will be receiving. The most efficie nt str ategy represented by Finance Department was through a lease revenue financing, with the specific financing instrument called a certificate of participation, representing an interest in the lease payments to be made by the City and is, in effect, a t ax-exempt bond. This form of financing will be legally secured by the City’s General Fund, although al debts will be paid from the Measure X sales tax revenues; and
WHEREAS, on February 15, the City Council approved the release of the RFP for the pavement resurfacing and rehabilitation program management. The staff received five Statement of Qualifications (SOQs), and four were selected for the interview process. Staff held an interview session on April 22 to evaluate the qualifications of consultants base d on t heir presentations.
According to the evaluation results obtained from the review of SOQs and interview panel, the staff has selected BKF Engineers along with Girardelli Associates as the most qualified firms for this program; and
WHEREAS, on May 17, 2022, City Council approved providing $11.5 million as one -time funding for pavement projects from a bond secured by the Measure X funding source the City will receive.
The most efficien t strategy represented by staff was through a lease revenue financing , with the specific financing instrument called a certificate of participation, representing an interest in the lease payments to be made by the City and is, in effect, a tax -exempt bond. This form of financing will be legally secured by the City’s General Fund, although all debts will be paid from the Measure X sales tax revenues; and
WHEREAS, on June 16, the City so ld all the certificates of participation in the market and was able to provide the scheduled $11.5 million by July 7th; and
4 Resolution No. 2022-
Page Two
WHEREAS, the City regu larly enters into various professional servi ces contracts during the cour se of business to support the delivery of capital improvements; and
WHEREAS, staff recommends that the City enters into agreements with BKF Engineers for program management services and on-call design services. Staff also recommends that the City enter into an on-call agreement with Ghirardelli Associates for constr uction management and inspection services.
Actual costs for design, and construction management and construction inspecti on services will not be known at the outset of the program management contract. As projects progress through design and construction, t he effort to design and inspect projects will be defined, and services will be provided through a work order issued under the on-call contracts; and
WHEREAS, Staff recommends that the contract terms for all three agreements be set for two years to expire on June 30, 2024, with an option to extend for an additional one year. Also, the payme nt method for all three agreements will be on the time -and-material basis. The not -to-exceed limit for the program management services contract will be $681,236.00, which is 4 percent of the total construction cost of the program (draft agreement attached as “ EXHIBIT A ”). The not -to-exceed limit for the on -call design services contract will be $1,600,000, which is anticipated to be 10 percent of the total construction cost (draft agreement attached as “ EXHIBIT B”). Also, the limit for on-call construction management and inspection services will be $1,600,000, which is 10 percent of the total construction cost (draft agreement attached as “ EXHIBIT C ”). The resulting agreements will allow the City to use the expertise and capabilities of a pavement project con sulting team to increase project quality and delivery capacity; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina does hereby:
1. Approve professional services agreements between the City of Marina and BKF Engineers for program management services (“EXHIBIT A”) and on-call design services (“EXHIBIT B”); and
2. Approve a professional services agreement between the City of Marina and Ghirardelli Associates for on-call construction management and construction inspection services (“EXHIBIT C”) for the pavement resurfacing and rehabilitation program, and;
3. Authorize the City Manager to execute the agreement s on behalf of the City su bject to final review and approval by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 6th day of July 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
_________________________
Bruce C. Delgado, Mayor
ATTEST:
__________________________
Anita Sharp, Deputy City Clerk
5 CITY OF MARINA
AGREEMENT FOR PROGRAM MANAGEMENT SERVICES
THIS AGREEMENT is made and entered into on July , 2022, by and between the City of Marina, a California charter city, hereinafter referred to as the "City," and BKF Engineers, a California Corporation, hereinafter referred to as the "Contractor." City and Contractor are sometimes individually referred to as "party" and collectively as "parties" in this Agreement.
Recitals
A. City desires to retain Contractor for program management services for the Pavement Resurfacing and Rehabilitation Program, hereinafter referred to as the "Project." B. Contractor represents and warrants that it has the qualifications, experience and personnel necessary to properly perform the services as set forth herein.
C. Consultant represents that it has the degree of specialized expertise contemplated within California Government Codes §§37103 and 53060 and holds all necessary licenses to practice and perform the services herein contemplated.
D. City desires to retain Contractor to provide such services.
Terms and Conditions
For of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and in consideration of the mutual promises contained herein, City and Contractor agree to the following terms and conditions:
1. Scope of Work.
(a) Contractor is hereby hired and retained by the City to work in a cooperative manner with the City to fully and adequately perform those services set forth in Exhibit “A” attached hereto (“Scope of Work”) and by this reference made a part hereof. With prior written notice to Contractor, City may elect to delete certain tasks of the Scope of Work at its sole discretion. (b) Contractor shall perform all such work with skill and diligence and pursuant to generally accepted standards of practice in effect at the time of performance. Contractor shall provide corrective services without charge to the City for work which fails to meet these standards and which is reported to Contractor in writing within sixty days of discovery. Should Contractor fail or refuse to perform promptly its obligations under this Agreement, the City may render or undertake the performance thereof and the Contractor shall be liable for any expenses thereby incurred.
(c) If services under this Agreement are to be performed by a design professional, as that term is defined in California Civil Code §2782.8(b)(2), design professional certifies that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Section 1(a). By delivery of completed work, design professional certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws, and the professional standard of care in California. (d) Contractor is responsible for making an independent evaluation and judgment of all
EXHIBIT A
6 2
relevant conditions affecting performance of the work, including without limitation site conditions, existing facilities, soils, hydrologic, geographic, climatic conditions, applicable federal, state and local laws and regulations and all other contingencies or considerations.
(e) City shall cooperate with Contractor and will furnish all information data, records and reports existing and available to City to enable Contractor to carry out work outlined in Exhibit “A." Contractor shall be entitled to reasonably rely on information, data, records and reports furnished by the City, however, the City makes no warranty as to the accuracy or completeness of any such information, data, records or reports available to it and provided to Contractor which were furnished to the City by a third party. Contractor shall have a duty to bring to the City's attention any deficiency or error it may discover in any information provided to the Contractor by the City or a third party.
2. Term of Agreement & Commencement of Work.
(a) Unless otherwise provided, the term of this Agreement shall begin on the date of its full execution and shall expire on June 30, 2024, unless extended by amendment or terminated earlier as provided herein. The date of full execution is defined as the date when all of the following events have occurred:
(i) This Agreement has been approved by the City's Council or by the board, officer or employee authorized to give such approval, and;
(ii) The office of the City Attorney has indicated in writing its approval of this Agreement as to form, and;
(iii) This Agreement has been signed on behalf of Contractor by the person or persons authorized to bind the Contractor hereto, and;
(iv) This Agreement has been signed on behalf of the City by the person designated to so sign by the City's Council or by the officer or employee authorized to enter into this Contract and is attested to by the Marina City Clerk.
(b) Contractor shall commence work on the Project on or by _________, 2022. This Agreement may be extended upon written agreement of both parties.
Contractor may be required to prepare a written schedule for the work to be performed, which schedule shall be approved by the City and made a part of Exhibit A, and to perform the work in accordance with the approved schedule.
3. Compensation.
(a) City liability for compensation to Contractor under this Agreement shall only be to the extent of the present appropriation to fund this Agreement. For services to be provided under this Agreement City shall compensate Contractor in an amount not to exceed Six Hundred Eighty One Thousand Two Hundred Thirty Six dollars ($681,236.00) in accordance with the provisions of this Section and the Cost Estimate attached hereto as Exhibit B and incorporated herein by this reference
EXHIBIT A
7 3
(b) Invoice(s) in a format and on a schedule acceptable to the City shall be submitted to and be reviewed and verified by the Project Administrator (see Section 5(a)) and forwarded to the City's Finance Department for payment. City shall notify Contractor of exceptions or dispute items and their dollar value within fifteen days of receipt. Payment of the undisputed amount of the invoice will typically be made approximately thirty days after the invoice is submitted to the Finance Department.
(c) Contractor will maintain clearly identifiable, complete and accurate records with respect to all costs incurred under this Agreement on an industry recognized accounting basis. Contractor shall make ava ilable to the representative of City all such books and records related to this Agreement, and the right to examine, copy and audit the same during regular business hours upon 24-hour's notice for a period of four years from the date of final payment under this Agreement.
(d) Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by the City to be necessary for the proper completion of the Project but which is not included within the Scope of Work and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the prior written authorization.
(e) Expenses not otherwise addressed in the Scope of Services or the Fee Schedule incurred by Contractor in performing services under this Agreement shall be reviewed and approved in advance by the Project Administrator (Section 5(a)), be charged at cost and rei mbursed to Contractor.
4. Termination or Suspension.
(a) This Agreement may be terminated in whole or in part in writing by either party in the event of a substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given (1) not less than ten days written notice of intent to terminate, and (2) provided an opportunity for consultation with the terminating party prior to termination.
(b) If termination for default is effected by the City, an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If after the termination for failure of Contractor to fulfill its contractual obligations, it is determined that the Contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the City.
(c) The City may terminate or suspend this Agreement at any time for its convenience upon not less than thirty days prior written notice to Contractor. Not later than the effective date of such termination or suspension, Contractor shall discontinue all affected work and deliver all work product and other documents, whether completed or in progress, to the City.
(d) If termination for default is effected by the Contractor or if termination for convenience
EXHIBIT A
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is effected by the City, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by Contractor relating to written commitments that were executed prior to the termination.
5. Project Administrator, Project Manager & Key Personnel.
(a) City designates as its Project Administrator Public Works Director/City Engineer Mr.
Brian McMinn who shall have the authority to act for the City under this Agreement. The Project Administrator or his/her authorized representative shall represent the City in all matters pertaining to the work to be performed pursuant to this Agreement.
(b) Contractor designates Marcelo Casentino as its Project Manager who shall coordinate all phases of the Project. The Project manager shall be available to City at all reasonable times during the Agreement term.
(c) Contractor war rants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Contractor has represented to City that certain key personnel will perform and coordinate the work under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of the City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Ms. Erin Harwayne, AICP (Project Manager)
6. Delegation of Work.
(a) If Contractor utilizes any subcontractors other than those set forth in Exhibit A section 2, consultants, persons, employees or firms having applicable expertise to assist Contractor in performing the services under this Agreement, Contractor shall obtain City's prior written approval to such employment. Contractor's contract with any subcontractor shall contain a provision making the subcontract subject to all provisions of this Agreement. Contractor will be fully responsible and liable for the p a y m e n t , administration, completion, presentation and quality of all work performed. City reserves its right to employ other contractors in connection with this Project.
(b) If the work hereunder is performed by a design professional, design professional shall be directly involved with performing the work or shall work through his, her or its employees.
The design professional's responsibilities under this Agreement shall not be delegated. The design professional shall be responsible to the City for acts, errors or omissions of his, her or its subcontractors. Negligence of subcontractors or agents retained by the design professional is conclusively deemed to be the negligence of the design professional if not adequately corrected by the design professional. Use of the term subcontractor in any other provision of this Agreement shall not be construed to imply authorization for a design professional to use subcontractors for performance of any professional service under this Agreement.
(c) The City is an intended beneficiary of any work performed by a subcontractor for
EXHIBIT A
9 5
purposes of establishing a duty of care between the subcontractor and the City.
7. Skill of Employees. Contractor shall ensure that any employees or agents providing services under this Agreement possess the requisite skill, training and experience to properly perform such services.
8. Confidential and Proprietary Information. In the course of performing services under this Agreement Contractor may obtain, receive, and review confidential or proprietary documents, information or materials that are and shall remain the exclusive property of the City. Should Contractor undertake the work on behalf of other agencies, entities, firms or persons relating to the matters described in the Scope of Work, it is expressly agreed by Contractor that any such confidential or proprietary information or materials shall not be provided or disclosed in any manner to any of Contractor’s other clients, or to any other third party, without the City’s prior express written consent.
9. Ownership of Data. Unless otherwise provided for herein, all documents, material, data, drawings, plans, specifications, computer data files, basis for design calculations, engineering notes, and reports originated and prepared by Contractor, or any subcontractor of any tier, under this Agreement shall be and remain the property of the City for its use in any manner it deems appropriate. Contractor agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or intellectual proper ty rights in favor of the City. Contractor shall provide two (2) sets of reproducible of the above-cited items, except for the computer data files which shall consist of one (1) set. Contractor shall use all reasonable efforts to ensure that any electronic files provided to the City will be compatible with the City's computer hardware and software. Contractor makes no representation as to long-term compatibility, usability or readability of the format resulting from the use of software application packages, operating systems or computer hardware differing from those in use by the City at the commencement of this Agreement. Contractor shall be permitted to maintain copies of all such data for its files. City acknowledges that its use of the work product is limited to the purposes contemplated by the Scope of Work and, should City use these products or data in connection with additions to the work required under this Agreement or for new work without consultation with and without additional compensation to Contractor, Contractor makes no representation as to the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Work and shall have no liability or responsibility whatsoever in connection with such use which shall be at the City's sole risk. Any and all liability arising out of changes made by the City to Contractor's deliverables is waived against Contractor unless City has given Contractor prior written notice of the changes and has received Contractor's written consent to such changes.
10. Conflict of Interest.
(a) Contractor covenants that neither it, nor any officer or principal of its firm has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of the City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of the City in the performance of this Agreement. Contractor shall represent the interest of the City in any discussion or negotiation.
(b) City understands and acknowledges that Contractor may be, as of the date of
EXHIBIT A
10 6
commencement of services under this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Contractor is unaware of any stated position of the City relative to such projects. Any future position of the City on such projects may result in a conflict of interest for purposes of this section.
(c) No official or employee of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making accepting or approving this Agreement, during the term of his or her tenure or service with City and for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof or obtain any present or anticipated material benefit arising therefrom.
11. Disclosure. Contractor may be subject to the appropriate disclosure requirements of the California Fair Political Practices Act, as determined by the City Manager.
12. Non-Discrimination.
(a) During the performance of this Agreement the Contractor shall comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California and the City. In performing this Agreement, Contractor shall not discriminate, harass, or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), medical condition (including cancer), age, marital status, denial of family and medical care leave and denial of pregnancy disability leave. Contractor shall give written notice of its obligations under this clause to labor organizations with which it has a collective bargaining or other agreement.
(b) Contractor shall include the nondiscrimination and compliance provisions of this Section in all subcontracts.
13. Indemnification & Hold Harmless.
(a) Other than in the performance of professional services by a design professional, which shall be solely as addressed by subsection (b) below, and to the full extent permitted by law, Contractor shall indemnify, defend (with independent counsel reasonably acceptable to the City) and hold harmless City, its Council, boards, commissions, e mployees, officials and agents ("Indemnified Parties" or in the singular "Indemnified Party") from and against any claims, losses, damages, penalties, fines and judgments, associated investigation and administrative expenses, and defense costs including but not limited to reasonable attorney=s fees, court costs, expert witness fees and costs of alternate dispute resolution (collectively "Liabilities“), where same arise out of the performance of this Agreement by Contractor, its officers, employees, agents and sub-contractors. The Contractor’s obligation to indemnify applies unless it is adjudicated that its liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, the Contractor’s obligation shall be reduced in proportion to the established comparative liability of the indemnified party.
EXHIBIT A
11 7
(b) To the fullest extent permitted by law (including without limitation California Civil Code Sections 2782.8), when the services to be provided under this Agreement are design professional services to be performed by a design professional, as that term is defined under said section 2782.8, Contractor shall indemnify, protect, defend (with independent counsel reasonably acceptable to the City) and hold harmless City and any Indemnified Party for all Liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, or the acts or omissions of an officer, employee, agent or subcontractor of the Contractor. The Contractor’s obligation to indemnify applies unless it is adjudicated that its liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, the Contractor’s obligation shall be reduced in proportion to the established comparative liability of the indemnified party.
(c) All obligations under this section are to be paid by Contractor as incurred by City.
The provisions of this Section are not limited by the provisions of sections relating to insurance including provisions of any worker's compensation act or similar act. Contractor expressly waives its statutory immunity under such statues or laws as to City, its employees and officials.
Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
(d) If any action or proceeding is brought against any Indemnified Party by reason of any of the matters against which the Contractor has agreed to defend the Indemnified Party, as provided above, Contractor, upon notice from the City, shall defend any Indemnified Party at Contractor's expense by counsel reasonably acceptable to the City. An Indemnified Party need not have first paid for any of the matters to which it is entitled to indemnification in order to be so defended.
(e) This obligation to indemnify and defend City, as set forth herein, is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or this Section.
14. Insurance.
(a) As a condition precedent to the effectiveness of this Agreement and without limiting Contractor's indemnification of the City, Contractor agrees to obtain and maintain in full force and effect at its own expense the insurance policies set forth in Exhibit “C” “Insurance” attached hereto and made a part hereof. Contractor shall furnish the City with original certificates of insurance, manually autographed in ink by a person authorized by that insurer to bind coverage on its behalf, along with copies of all required endorsements. All certificates and endorsements must be received and approved by the City before any work commences. All insurance policies shall be subject to approval by the City Attorney and Risk Manager as to form and content.
Specifically, such insurance shall: (1) protect City as an additional insured for commercial general and business auto liability; (2) provide City at least thirty days written notice of cancellation, material reduction in coverage or reduction in limits and ten days written notice for non-payment of premium; and (3) be primary with respect to City's insurance program. Contractor's insurance is not expected to respond to claims that may arise from the acts or omissions of the City.
(b) City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required herein by giving Contractor ninety days advance written
EXHIBIT A
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notice of such change. If such change should result in substantial additional cost of the Contractor, City agrees to negotiate additional compensation proportional to the increased benefit to City.
(c) All required insurance must be submitted and approved the City Attorney and Risk Manager prior to the inception of any operations by Contractor.
(d) The required coverage and limits are subject to availability on the open market at reasonable cost as determined by the City. Non availability or non affordability must be documented by a letter from Contractor's insurance broker or agency indicating a good faith effort to place the required insurance and showing as a minimum the names of the insurance carriers and the declinations or quotations received from each. Within the foregoing constraints, Contractor's failure to procure or maintain required insurance during the entire term of this Agreement shall constitute a material breach of this Agreement under which City may immediately suspend or terminate this Agreement or, at its discretion, procure or renew such insurance to protect City's interests and pay any and all premium in connection therewith and recover all monies so paid from Contractor.
(e) By signing this Agreement, Contractor hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provision of that Code, and that it will comply with such provisions at all such times as they may apply during the performance of the work pursuant to this Contract. Unless otherwise agreed, a waiver of subrogation in favor of the City is required.
15. Independent Contractor. The parties agree that Contractor, its officers, employees and agents, if any, shall be independent contractors with regard to the providing of services under this Agreement, and that Contractor's employees or agents shall not be considered to be employees or agents of the City for any purpose and will not be entitled to any of the benefits City provides for its employees. City shall make no deductions for payroll taxes or Social Security from amounts due Contractor for work or services provided under this Agreement.
16. Claims for Labor and Materials. Contractor shall promptly pay when due all amounts payable for labor and materials furnished in the performance of this Agreement, so as to prevent any lien or other claim under any provision of law from arising against any City property (including reports, documents, and other tangible matter produced by the Contractor hereunder), against the Contractor's rights to payments hereunder, or against the City, and shall pay all amounts due under the Unemployment Insurance Act with respect to such labor.
17. Discounts. Contractor agrees to offer the City any discount terms that are offered to its best customers for the goods and services to be provided herein, and apply such discounts to payment made under this Agreement which meet the discount terms.
18. Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
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19. Dispute Resolution. If any dispute arises between the parties as to proper interpretation or application of this Agreement, the parties shall first meet and confer in a good faith attempt to resolve the matter between themselves. If the dispute is not resolved by meeting and conferring, the matter shall be submitted for formal mediation to a mediator selected mutually by the parties.
The expenses of such mediation shall be shared equally between the parties. If the dispute is not or cannot be resolved by mediation, the parties may mutually agree (but only as to those issues of the matter not resolved by mediation) to submit their dispute to arbitration. Before commencement of the arbitration, the parties may elect to have the arbitration proceed on an informal basis; however, if the parties are unable so to agree, then the arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be binding, unless within thirty days after issuance of the arbitrator’s written decision, any party files an action in court. Venue and jurisdiction for any such action between the parties shall lie in the Superior Court for the County of Monterey.
20. Compliance With Laws.
(a) Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California and the City including but not limited to laws regarding health and safety, labor and employment, wage and hours and licensing laws which affect employees. This Agreement shall be governed by, enforced and interpreted under the laws of the State of California. Contractor shall comply with new, amended or revised laws, regulations or procedures that apply to the performance of this Agreement.
(b) If the Project is a "public work," or prevailing wages are otherwise required, Contractor shall comply with all provision of California Labor Code section 1720 et seq., as applicable, and laws dealing with prevailing wages, apprentices and hours of work., etc.
(c) Contractor represents that it has obtained and presently holds all permits and licenses necessary for performance hereunder, including a Business License required by the City's Business License Ordinance. For the term covered by this Agreement, the Contractor shall maintain or obtain as necessary, such permits and licenses and shall not allow them to lapse, be revoked or suspended.
21. Assignment or Transfer. This Agreement or any interest herein may not be assigned, hypothecated or transferred, either directly or by operation of law, without the prior written consent of the City. Any att empt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
22. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, sent by facsimile ("fax") or certified mail, postage prepaid with return receipt requested, addressed as follows:
To City: City Manager
City of Marina City Hall
211 Hillcrest Avenue
Marina, California 93933
Fax: (831) 384-9148
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To Contractor: BKF Engineers
307 Main St, Ste. 120
Salinas, CA 93901
Phone: (831) 205-5880
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three days after deposit in the custody of the U.S. Postal Service. A copy of any notice sent as provided herein shall also be delivered to the Project Administrator and Project Manager.
23. Amendments, Changes or Modifications. This Agreement is not subject to amendment, change or modification except by a writing signed by the authorized representatives of City and Contractor.
24. Force Majeure. Notwithstanding any other provisions hereof, neither Contractor nor City shall be held responsible or liable for failure to meet their respective obligations under this Agreement if such failure shall be due to causes beyond Contractor's or the City's control. It is understood and agreed to by the Contractor and the City that they cannot, and will not, claim Force Majeure based on an economic downturn of any type. Such causes include but are not limited to:
strike, fire, flood, civil disorder, act of God or of the public enemy, act of the federal government, or any unit of state of local government in either sovereign or contractual capacity, epidemic, quarantine restriction, or delay in transportation to the extent that they are not caused by the party's willful or negligent acts or omissions, and to the extent that they are beyond the party's reasonable control.
25. Attorney's Fees. In the event of any controversy, claim or dispute relating to this Agreement, or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs.
26. Successors and Assigns. All of the terms, conditions and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this paragraph is intended to affect the limitation on assignment.
27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective party.
28. Waiver. A waiver of a default of any term of this Agreement shall not be construed as a waiver of any succeeding default or as a waiver of the provision itself. A party's performance after the other party's default shall not be construed as a waiver of that default.
29. Severability. Should any portion of this Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Agreement will continue as modified.
30. Construction, References, Captions. Since the parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. The captions of the various sections are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, content or intent of this Agreement.
EXHIBIT A
15 11
31. Advice of Counsel. The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the parties hereto. This Agreement shall not be construed in favor or against either party by reason of the extent to which each party participated in the drafting of this Agreement.
32. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
33. Time. Time is of the essence in this contract.
34. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters as set forth in this Agreement, and no other agreement, statement or promise made by or to any party or by or to any employee, officer or agent of any party, which is not contained in this Agreement shall be binding or valid.
IN WITNESS WHEREOF, Contractor and the City by their duly authorized representatives, have executed this Agreement, on the date first set forth above, at Marina, California.
CITY OF MARINA CONTRACTOR
By: By:
Name: Layne Long Name:
Its: City Manager Its:
Date: Date:
Approved as to form:
By:
City Attorney
EXHIBIT A
16 EXHIBIT A
17 BKF ENGINEERS
307 Main Street, Suite 120, Salinas, CA 93901 | 831.205.5880 Date 6/20/2022
BKF No 20220331
Brian McMinn
Public Works Department
City of Marina
211 Hillcrest Avenue
Marina, CA 93933
Transmitted Via Email
Subject: City of Marina Pavement Resurfacing and Rehabilitation Program BKF Engineers Scope of Services for Program Management
Dear Mr. McMinn:
BKF Engineers welcomes the opportunity to submit this scope of work for program management services associated with the Pavement Resurfacing and Rehabilitation Program Delivery (Program) for the FY 22-23 and FY23-24 Capital Improvement Program (CIP) in the City of Marina, California. To arrive at the estimated effort required by our office for this project, we have outlined a proposed scope of services, identified assumptions, and determined a level of effort fee based on our understanding of the project.
PROJECT UNDERSTANDING
Based on your Request for Qualifications for Pavement Resurfacing and Rehabilitation Program and information obtained from the meeting with the City on 5/12/2022, we understand the project as:
Provide supporting program management services related to delivery the City of Marina’s Pavement Resurfacing and Rehabilitation Program to support City staff when it comes to the delivery pavement rehabilitation and resurfacing projects including the following:
· Managing the public bidding process for projects in the program; · project definition;
· writing staff reports;
· Reviewing consultant and contractor pay requests for accuracy; · maintaining an informational webpage;
· preparing notices of completion; and
· public outreach and notification;
· Preparing work orders for on-call consultant or contractor; · Preparing the “Trenching and Road Cut Moratorium”.
Based on our meeting discussion, we understand a separate design master contract and separate construction management/inspection master contract will be executed with BKF Engineers and Ghirardelli, respectively; neither is included in this scope of work.
As part of this master contract between the City and BKF for Program Management Services, it is assumed that individual task orders are based on a time and materials (T&M), not to exceed (NTE) basis, based on the anticipated work summarized in this scope of services. . Since each task order project is unique and based on requirements, complexity, and schedule, may or may not require the same scope items summarized above, and
EXHIBIT A
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City of Marina Pavement Resurfacing and Rehabilitation Program
additional scope tasks, budget, or scope augmentation may be required. BKF will alert the City when task order adjustments are needed under a formal additional services request (ASR).
BASIS OF DESIGN
Our proposal is based on the following:
1. Highlighted scope of work sent by the City on 5/2/2022 and follow-up conference call meeting on 05/12/2022.
2. Task 1 and 6 would be under the initial task order. Tasks 2 through 5 will be combined and covered by individual task orders on a per-project basis.
3. SCOPE OF SERVICES
TASK 1: PROGRAM MANAGEMENT (Pre-Bid Phase)
For purposes of this task, BKF has assume 4 projects per year in the Program with a construction budget of $8.5M for the first year and $7.7M for the second year.
1. Kickoff Meeting: BKF will schedule a virtual kickoff meeting with key City staff and consultant management team to confirm procedures, communication, documentation, reports, deliverables, etc.
2. Documents Library: BKF will obtain the latest City project files and assemble a library of City’s documents, design standards and specifications for the program management team’s reference.
3. Project Packaging/Implementation Plan: BKF will work with the City to develop an implementation plan, prioritizing and combining project locations (streets) into reasonable design Projects for delivery.
BKF’s packaging and implementation plan will be in coordination and in consideration of the overall funding and the master schedule.
4. Project Review: BKF will review each programmed project for missing information; update budgets, schedule, funding, status, and phasing. Projects in the pavement resurfacing and rehabilitation program will be prioritized for efficient project delivery.
5. Stakeholder Identification: BKF will identify external factors (regulations, permits, right of way); constraints (environmental, funding); and stakeholders (community groups, other departments, property owners) for each project.
6. Project Review and Approval Process: BKF will schedule a virtual meeting with the City to confirm the project review and approval process including review of professional services and cost proposals.
7. Project Invoicing: BKF will coordinate with the City for administration and project accounting to process consultant and contractor pay requests. It is assumed that all communications and requests will be via email.
8. Monthly Status Reports: BKF will provide monthly status reports on project delivery for active projects.
For purposes of this task, BKF has assume 4 projects per year.
9. Miscellaneous – Learn Marina’s purchase and procurement rules; process for obtaining approvals and permits.
TASK 2: PROGRAM MANAGEMENT (Design Phase)
1. Determine Permit Requirements: BKF will work with the City to identify and review permit requirements for each project. Permits may be required for work within Caltrans and Monterey County jurisdictions.
EXHIBIT A
19 6/20/2022
City of Marina Pavement Resurfacing and Rehabilitation Program
2. Design Submittal Reviews: BKF will review design submittals prepared by other consultants (assume review of 30% plans, 60% PS&E, and 90% PS&E submittals for up to 2 projects per year). At the 90% submittal review, BKF will flag items for constructability review by Ghirardelli (via their Construction Management Contract).
3. Bid Documents Reviews: BKF will review 100% Bid Documents prepared by other design consultants and coordinate with the City for signatures (assume reviews for up to 2 projects per year).
4. Progress Payments: BKF will review invoices submitted by design consultants via email using the system established in Task 1 with the City.
TASK 3: PROGRAM MANAGEMENT (Bidding Phase, based on a per-project basis)
1. Bid List: BKF will prepare an organized list identifying all invited bidders on a given project.
2. Pre-bid Meetings: BKF will work with the City to coordinate and attend up to one in-person Pre-bid meeting for each project. We will prepare the Pre-bid Meeting agenda and assist the City and design consultant in facilitating the meeting and providing project information during the meeting.
3. Issue for Bid: BKF will assist city staff in issuing the project for bid.
4. Coordinate RFI Responses: BKF will coordinate with the design consultant to provide response to bidder’s questions on the issued for bid documents.
5. Prepare and Distribute Addendums: BKF will coordinate changes to the plans, specifications and work with the design consultant to prepare addendums during the bid period. It is assumed by BKF that up to one addendum will be prepared for each project.
6. Review and Evaluate Bids: BKF will assist the City in Reviewing and evaluating bids received. BKF will be present at the bid opening and conduct the bid opening along with the city staff.
7. Staff Report for Award of Construction Contract: BKF will work with the City to prepare a draft and final staff report for award of construction contracts.
TASK 4: PROGRAM MANAGEMENT (Construction Phase)
While it is understood the Ghirardelli’s Construction Manager (CM) will lead the City through the construction process, BKF’s Program Manager will provide oversight to ensure the tasks are managed/completed.
1. Pre-construction Meeting: BKF will attend the preconstruction meeting for each project.
2. Progress Payments: BKF will work with the City and Construction Manager (CM) to review progress payments.
3. Evaluate Change Orders: BKF will work with the CM and City to evaluate change orders submitted by the contractor in coordination with the CM and make recommendations to the City.
4. Final Inspection: BKF will attend the final inspection and punch-list walkthrough of each project.
TASK 5: PROGRAM MANAGEMENT (Close-out Phase)
1. Project Record Closeout: BKF will prepare and issue project record closeout on behalf of the City.
2. Notice of Completion: BKF will prepare and file the notice of completion on behalf of the City.
EXHIBIT A
20 6/20/2022
City of Marina Pavement Resurfacing and Rehabilitation Program
TASK 6: PUBLIC OUTREACH AND NOTIFICATION
BKF, through its subconsultant Apex Strategies, has established the following tasks in support of the City’s community outreach efforts for the Pavement Resurfacing and Rehabilitation Program.
1. Develop Community Outreach Plan: BKF, through its subconsultant Apex Strategies, will develop a Community Outreach Plan with the City.
2. Develop and Maintain Informational Web Page: BKF, through its subconsultant Apex Strategies and Applied Research Associates (ARA), will provide content for the informational web page for the Pavement resurfacing and Rehabilitation Program.
a. Graphics may include Pavement Condition Index Status and project maps that will be updated on a monthly basis.
b. BKF will host the Resurfacing and Rehabilitation Program landing page to be updated on a monthly basis.
c. BKF, through its subconsultant ARA, will develop content for the Program’s website on a monthly basis to update the public on the status of the Program.
3. Program Level Fact Sheet: Prepare Program Fact sheet (assumes Spanish translation). PDF for download or use as handout, also posted as web content. Refresh as necessary, as agreed to in Outreach Plan.
4. PowerPoint Presentation: Prepare Program level PowerPoint for use by PW Director (updates as agreed to in the Community Outreach Plan).
5. Noticing Templates: Prepare Program level standard templates for use by Designers and Contractors (assumes Spanish translation).
6. Media Outreach: Prepare written press releases, pro-active outreach to Monterey Herald, MC Weekly, KSBW, KION, TAMC Cone Zone, etc. for placement of stories (at timing intervals agreed to in Community Outreach Plan).
7. General Support: Support for community and media inquiries coming to PW Department (research and/or return calls), create e-blast content for keep informed database (as agreed to in Outreach Plan).
SCHEDULE
BKF will prepare a project tracking spreadsheet that will include target completion dates for design and construction of each project.
SCOPE QUALIFICATIONS AND ASSUMPTIONS
BKF Engineers’ services are limited to those expressly set forth in this scope of work.
As part of this master contract between the City and BKF for Program Management Services, individual task orders for each pavement resurfacing and rehabilitation project based on a time and materials (T&M), not to exceed (NTE) basis, based on the anticipated work summarized in this scope of services. Since each task order project is unique and based on requirements, complexity, and schedule, may or may not require the same scope items
EXHIBIT A
21 6/20/2022
City of Marina Pavement Resurfacing and Rehabilitation Program
summarized above, and additional scope tasks, budget, or scope augmentation may be required. BKF will alert the City when task order adjustments are needed under a formal additional services request (ASR).
We understand that BKF will have no other obligations or responsibilities for the Program or Program Management except as provided in this proposal letter, or as otherwise agreed to in writing. BKF will provide the scope of services consistent with, and limited to, the standard of care applicable to such services. Any participation in non-adversarial procedures, or other right to repair items, is considered as additional services. For the scope of work identified, we have assumed the following:
1) Items to be provided by the City: It is assumed by BKF that the City will provide record drawings, library of City documents, design standards, specifications, invoice update system, project review/approval process, resources to learn Marina’s purchasing and procurement rules and other related documents. 2) Project Design: It is assumed by BKF that design services for projects under the Pavement Resurfacing and Rehabilitation Program will be prepared under a separate contract or by others. 3) Environmental Permitting and Studies: It is assumed by BKF that environmental permitting services and studies are not included in this scope of work.
4) Constructability Reviews: It is assumed by BKF that constructability review services for projects under the Pavement Resurfacing and Rehabilitation Program will be conducted under a separate contract 5) Construction Management and Inspection: It is assumed by BKF that construction management and inspection services for projects under the Pavement Resurfacing and Rehabilitation Program will be prepared under a separate contract
6) Community Outreach Assumptions: Per our coordination with the City, the program will not include or maintain City Nixle, NextDoor, or social media outlets. It is assumed that there will be no need for community meetings or mailers. Program effort is year around effort due to mild winters and variety of projects. This is a multi-year effort.
7) Informational Webpage: Per our coordination with the City, the informational web page will be hosted on BKF’s current platform (no custom domain will be provided). If the City chooses to host the webpage on the City’s platform, it is BKF’s understanding that a liaison or facilitator will be provided to assist BKF in posting updates to the City’s website. BKF will provide the updated content and information through the duration of this contract. Graphics and materials related to updates on the pavement condition (Pavement Condition Index) as it becomes available. If the City chooses to host the webpage on BKF’s platform, it would be for the duration of the contract.
8) Pavement Condition Index: BKF assumes that the City will provide informational data for purposes of tracking the Pavement Condition Index (PCI) as it becomes available from the City’s StreetSaver program.
DELIVERABLES
Example of deliverables for a given project are as follows:
· Preparation of Community Outreach Plan and associated materials · Material Content in support of the Program’s informational web page including documents., maps, and graphics
· Preparation of agenda and minutes from Project meetings with the City · Preparation of staff reports
· Prepare Notice to Proceed and Notice of Award.
· Notice of Completion
EXHIBIT A
22 6/20/2022
City of Marina Pavement Resurfacing and Rehabilitation Program
COMPENSATION
1. BASE SCOPE OF WORK
BKF proposes to provi de the services on a time a nd materials basi s as summa rized on the attached f ee breakdown. Reimbursable expenses are anticipated for reproduction, mileage, express and messenger deliveries, and computer deliverable plots. Reimbursable expenses will be billed on a cost plus 10-percent markup basis.
For tasks requested by the City not defined in this scope of services, BKF will identify them as potential extra work.
We can provide a scope and fee for these items or they may be tracked separately as extra work and billed on a time and materials per our attached rate schedule.
Thank you for the opportunity to present this proposal. We look forward to assisting in developing this Program with the City. Please contact me at (831) 205-5880 or [email protected] if you have any questions regarding our scope of services.
Respectfully,
BKF Engineers
Marcelo Cosentino, PE
Associate
Attachments:
1. BKF Engineers Professional Service Rate Schedule
2. Fee Breakdown
EXHIBIT A
23 EXHIBIT A
24 6/20/2022
City of Marina Pavement Resurfacing and Rehabilitation Program
BKF ENGINEERS
PROFESSIONAL SERVICES RATE SCHEDULE
EFFECTIVE MARCH 28, 2022
CLASSIFICATION HOURLY RATE
PROJECT MANAGEMENT
Principal/Vice President $272.00
Senior Associate/Vice President $244.00
Associate $237.00
Senior Project Manager | Senior Technical Manager $237.00 Project Manager | Technical Manager $231.00
Engineering Manager | Surveying Manager | Planning Manager $213.00
TECHNICAL STAFF
Senior Project Engineer | Senior Project Surveyor | Senior Project Planner $198.00 Project Engineer | Project Surveyor |Project Planner $174.00 Design Engineer | Staff Surveyor | Staff Planner $151.00 BIM Specialist I, II, III $151.00 - $174.00 - $198.00
Technician I, II, III, IV $144.00 - $153.00 - $168.00 - $181.00 Drafter I, II, III, IV $113.00 - $124.00 - $134.00 - $149.00 Engineering Assistant | Surveying Assistant | Planning Assistant $94.00
FIELD SURVEYING
Survey Party Chief $198.00
Instrument Person $170.00
Survey Chainperson $127.00
Utility Locator I, II, III, IV $103.00 - $146.00 - $175.00 - $199.00 Apprentice I, II, III, IV $78.00 - $105.00 - $116.00 - $123.00
CONSTRUCTION ADMINISTRATION
Senior Consultant $259.00
Senior Construction Administrator $225.00
Resident Engineer $167.00
Field Engineer I, II, III $151.00 - $174.00 - $198.00
PROJECT ADMINISTRATION
Project Coordinator $126.00
Senior Project Assistant $109.00
Project Assistant $96.00
Clerical | Administrative Assistant $81.00
Expert witness rates are available upon request.
Subject to the terms of a services agreement:
· Charges for outside services, equipment, materials, and facilities not furnished directly by BKF Engineers will be billed as reimbursable expenses at cost plus 10%. Such charges may include, but shall not be limited to:
printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; agency fees; insurance; transportation on public carriers; meals and lodging; and consumable materials.
· Allowable mileage will be charged at the prevailing IRS rate per mile. · Monthly invoices are due within 30 days from invoice date. Interest will be charged at 1.5% per month on past due accounts.
·
The rates shown are subject to periodic increases, including January 1st of each year.
EXHIBIT A
25 C-1
Exhibit C - Insurance
Contractor agrees to provide insurance in accordance with the requirements set forth herein. If Contractor uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, Contractor agrees to ame nd, supplement or endorse the existing coverage to do so. Contractor shall furnish the City with original certificates of insurance, manually autographed in ink by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the City before any work commences. The City reserves its right to require complete, certified copies of all required insurance policies at any time. The following coverage will be provided by Contractor and maintained on behalf of the City and in accordance with the requirements set forth herein.
Commercial General Liability (primary). Commercial general liability insurance covering Contractor's operations (and products where applicable) is required whenever the City is at risk of third party claims which may arise out of Contractor's work or presence on City premises. Contractual liability coverage is a required inclusion in this insurance.
Primary insurance shall be provided on ISO-CGL form No. CG 00 01 11 85 or 88 or on an ISO or ACORD form providing coverage at least as broad as ISO form CG 00 01 10 01 and approved in advance by the City Attorney and Risk Manager. Total limits shall be no less than one million dollars ($1,000,000) combined single limit per occurrence for all coverages. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project or the general aggregate limit shall be two million dollars ($2,000,000). Contractor must give written notice to the City of any pending claim, action or lawsuit which has or may diminish the aggregate.
If any such claim or lawsuit exists, Contractor shall be required, prior to commencing work under this Agreement, to restore the impaired aggregate or prove it has replacement insurance protection to the satisfaction of the City Attorney and Risk Manager.
City, its Council, boards and commissions, officers, employees, agents and volunteers shall be added as additional insureds using ISO additional insured endorsement form CG 20 10 11 85 or forms CG 20 10 10 01 and CG 20 37 10 01. Coverage shall apply on a primary, non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the City or any agent of City. Coverage is not expected to respond to the claims which may arise from the acts or omissions of the City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices.
Umbrella Liability Insurance. Umbrella liability insurance (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, contractual liability and completed operations at a minimum, and shall be in an amount of not less than two mission dollars ($2,000,000), and include a “drop down” provision providing primary coverage above a maximum $25,000.00 self-insured retention for liability not covered by primary policies but covered by the umbrella policy. Coverag e shall be following form to any underlying coverage.
Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion and no contractor's limitation endorsement. Policies limits shall be not less than one million dollars ($1,000,000) per occurrence and in the aggregate, above any limits required in the underlying policies shall have starting and ending dates concurrent with the underlying coverage.
EXHIBIT A
26 C-2
Business Auto. Automobile liability insurance is required where vehi cles are used in performing the work under this Agreement or where vehicles are driven off-road on City premises, it is not required for simple commuting unless City is paying mileage. However, compliance with California law requiring auto liability insurance is a contractual requirement.
If automobile insurance is required for work under this Agreement, primary coverage shall be written on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or on an ISO or ACORD form providing coverage at least as broad as CA 00 01 10 01 approved by the City Attorney and Risk Manager. Coverage shall be endorsed to stated that the City, its Council, boards and commissions, officers, employees, agents and volunteers shall be added as additional i nsureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. Limits shall be no less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage.
Starting and ending dates shall be concurrent. If Contractor owns no autos, a non -owned auto endorsement to the commercial general liability policy described above is acceptable.
Workers’ Compensation/Employers’ Liability. Workers' Compensation and Employer's Liability insurance are not required for single-person contractors. However, under California law these coverages (or a copy of the State's Consent to Self-Insure) must be provided if Contractor has any employees at any time during the period of this Agreement. Policy(s) shall be written on a policy form providing workers’ compensation statutory benefits as required by law. Employers’ liability limits shall be no less than one million dollars ($1,000,000) per accident or disease and shall be scheduled under any umbrella policy described above. Unless otherwise agreed, policy(s) shall be endorsed to waive any right of subrogation as respects the City, its Council, boards and commissions, officers, employees, agents and volunteers.
Property Insurance. Property insurance, in a form and amount approved by the City Attorney and Risk Manager, is required for Contractors having exclusive use of premises or equipment owned or controlled by the City. City is to be named a Loss Payee As Its Interest May Appear in property insurance in which the City has an interest, e.g., as a lien holder. Fire damage legal liability is required for persons occupying a portion of City premises.
Errors and Omissions/Professional Liability. Errors and Omissions or professional liability coverage appropriate to Contractor's profession is required, in a form and amount approved by the City Attorney and Risk Manager. Such insurance shall be in an amount of not less than one million dollars ($1,000,000) per claim and in annual aggregate. Contractor shall maintain such insurance in place for a period of five years following completion of work or services provided under this Agreement. Such conti nuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than commencement of the work or services under this Agreement.
Contractor and City further agree as follows:
a) This Exhibit supersedes all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit.
b) Nothing contained in this Exhibit is to be construed as affecting or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Exhibit are intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such.
EXHIBIT A
27 C-3
c) All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
d) Requirements of specific coverage features or limits contained in this Exhibit are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of an y type.
e) For purposes of insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or toward performance of this Agreement.
f) All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit Contractor, Contractor’s employees, or agents from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against the City.
g) Unless otherwise approved by City, Contractor’s insurance shall be written by insurers authorized and admitted to do business in the State of California with a mi nimum “Best’s” Insurance Guide Rating of “A:VII.” Self -insurance will not be considered to comply with these insurance specifications.
h) In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor.
i) Contractor agrees to provide evidence of the insurance required herein, sat isfactory to City Attorney and Risk Manager, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional endorsement to Contractor’s general liability and umbrella liability policies using ISO form CG 20 10 11 85. C ertificate(s) are to reflect that the insurer will provide at least thirty days written notice of cancellation, material reduction in coverage or reduction in limits and ten days written notice for non -payment of premium. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions. Contractor agre es to provide complete copies of policies to City within ten days of City's request for said copies.
j) Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.
Such proof will be furnished at least two weeks prior to the expiration of the coverages.
k) Any actual or alleged failure on the part of the City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of City or any additional insured, in this or any other regard.
l) Contractor agrees to require all subcontractors or other parties hired for this Proje ct to provide workers' compensation insurance as required herein and general liability insurance naming as additional insureds all parties to this Agreement. Contractor agrees to obtain certificates evidencing such coverage
EXHIBIT A
28 C-4
and make reasonable efforts to ensure that such coverage is provided as required here. Contractor agrees to require that no contract used by any subcontractor, or contracts Contractor enters into on behalf of City, will reserve the right to charge back to City the cost of insurance req uired by this Agreement.
Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor contracts with on behalf of City, will be submitted to City for review. Contractor acknowledges that such contracts or agreeme nts may require modification if the insurance requirements do not reflect the requirements herein. Failure of City to request copies of such agreements will not impose any liability on City, its Council, boards and commissions, officers, employees, agents and volunteers.
m) If Contractor is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its Managers, Affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
n) Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City.
o) Coverage will not be limited to the specific location or individual entity designated as the address of the Project. Contractor agrees to have its coverage endorsed so that all coverage limits required pursuant to this requirement are available separately for each and every location at which Contractor conducts operations of any type on behalf of City. Contractor warrants that these limits will not be reduced or exhausted ex cept for losses attributable to those specific locations and not by losses attributable to any other operations of Contractor.
p) Contractor agrees not to attempt to avoid its defense and indemnity obligations to City, its Council, boards and commissions , officers, employees, agents and volunteers by using as a defense Contractor's statutory immunity under workers' compensation or similar statutes.
r) Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and that there will be no cross liability exclusions that preclude coverage for suits between Contractor and City or between City and any other insured or Named Insured under the policy, or between City and any party associated with City or its employees.
s) Contractor shall maintain commercial general liability, and if necessary, commercial umbrella liability insurance, with a limit of not less than two million dollars ($2,000,000) each occurrence for at least three years following substantial completion of the work.
u) City reserves the right to modify the insurance requirements set forth herein in accordance with the terms of any specific Service Order issued as provided by the Agreement.
EXHIBIT A
29 1
CITY OF MARINA
AGREEMENT FOR ON-CALL DESIGN SERVICES
THIS AGREEMENT is made and entered into on July , 2021, by and between the City of Marina, a California charter city, hereinafter referred to as the "City," and BKF Engineers, a California Corporation, hereinafter referred to as the "Contractor." City and Contractor are sometimes individually referred to as "party" and collectively as "part ies" in this Agreement.
Recitals
A. City desires to retain Contractor for on-call design services associated with various City projects described generally by Exhibit A – Contractor shall provide services pertaining to City projects and shall perform standby and support services for City as determined by the City Engineer.
B. Contractor represents and warrants that it has the qualifications, experience and personnel necessary to properly perform the services in accordance with the terms of individual service orders as set forth herein.
C. City desires to retain Contractor to provide such services.
Terms and Conditions
For of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and in consideration of the mutual promises contained herein, City and Contractor agree to the following terms and conditions:
1. Scope of Work.
(a) Contractor is hereby hired and retained by the City to work in a cooperative manner with the City to fully and adequately perform t hose services set forth in Exhibit “A ” attached hereto (“Scope of Work”) and by this reference made a part hereof. The Contractor shall be available to perform services under this Agreement as needed during the term of the Agreement.
With prior written n otice to Contractor, City may elect t o delete certain tasks of the Scope of Work at its sole discretion.
(b) All work performed under this Agreement shall be authorized in advance and in writing by a specific Service Order prior to the commencement of s ervices. Each Service Order given by the City shall de scribe the nature of the specific task or service to be performed by the Contractor, the time limit or estimated number of hours within which such task or service must be completed and the compensation for such task or service. Details shall include a description of the task or service which Contractor shall perform, the geographic limits , if any, the type and scope of task or services to be performed, the format and schedule for deliverables, the sched ule of performance, and the schedule of compensation. Contractor shall not perform any task or service unless authorized by a fully executed Servic e Order. Contractor shall advise the Project Administrator in writing immediately of any anticipated change in any task or service, fee or time schedule, and shall obtain the Project Administrator’s prior written consent to the change prior to making any changes. In no event shall the Project Administrator’s consent be construed to
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relieve the Contractor from i ts duty to render all services or per form all tasks in accordance with applicable law and accepted industry standards.
(c) Contractor shall begin work under the Service Order only after receipt of the Service Order bearing the approval signature of the City Engineer. Each authorized Service Order issued under this Agreement by City shall be incorporated by reference as an integral part of Exhibit A and into the terms and conditions of this Agreement.
(d) The City’s Project Administrator may, without inv alidating this Agreement, order changes in any tasks or service to be performed pursuant to a Service Order by altering, adding to or deducting from the task or services to be performed. All such changes shall be in writing and shall be performed in accor dance with the provisions of this Agr eement. If any such change causes an increase or decrease in the Contractor’s cost of, or the time required for, the performance of any of the tasks or services, the Contractor shall so notify the Project Administrator. If appropriate an equitable adjust ment to the Contractor’s compensation may be made, provided that any adjustment must be pre -approved by the parties in writing; with the City’s approval coming from the Project Administrator.
(e) Contractor shall pe rform all such work with skill and di ligence and pursuant to generally accepted standards of practice in effect at the time of performance. Contractor shall provide corrective services without charge to the City for work which fails to meet these standards and which is reported to Contractor in writing within sixty days of discovery. Should Contractor fail or refuse to perform promptly its obligations under this Agreement, the City may render or undertake the performance thereof and the Contractor shall b e liable for any expenses thereby incurred.
(f) If services under this Agreement are to be performed by a design professional, as that term is defined in California Civil Code §2782.8( c)(1-4), design professional certifies that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Section 1(a). By delivery of completed work, design professional certifies that the work conforms to the requirements o f this Agreement and all applicable federal, state and local laws, and the professional standard of care in California.
(g) Contractor is responsible for making an independent evaluation and judgment of all relevant conditions affecting performance of th e work, including without limitation site conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state and local laws and regulations and all other contingencies or considerations.
(h) City shall cooperate with Contractor and will furnish all information data, records and reports existing and available to City to enable Contractor to carry out work described in Exhibit “A" and the executed Service Orders. Contractor shall be entitled to reasonably rely on information, data, records and reports furnished by the City, however, the City makes no warranty as to the accuracy or completeness of any such information, data, records or reports available to it and provided to Contractor which were furnished to the City by a third par ty. Contractor shall have a duty to bring to the City's attention any deficiency or error it may discover in any information provided to the Contractor by the City or a third party.
2. Term of Agreement & Commencement of Work.
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(a) Unless otherwise p rovided, the term of this Agreement shall begin on the date of its full execution and shall expire on June 30, 2024, unless extended by amendment or terminated earlier as provided herein. The date of full execution is defined as the date wh en all of the following events have occurred:
(i) This Agreement has been approved by the City's Council or by the officer or employee authorized to give such approval, and;
(ii) The office of the City Attorney has indicated in writing its approval o f this Agreement as to form, and;
(iii) This Agreement has been signed on behalf of Contractor by the person or persons authorized to bind the Contractor hereto, and;
(iv) This Agreement has been signed on behalf of the City by the person designated to so sign by t he City's Council or by the officer or employee authorized to enter into this Contract and is attested to by the Marina City Clerk.
(b) This Agreement may be extended up to one (1) year upon written agreement of both parties. Contr actor may be re quired to prepare a written schedule for the work to be performed under any Service Order , which schedule shall be approved by the City ’s Project Administrator and made a part of Exhibit A, and to perform the work in accordance with the approved schedule.
3. Compensation.
(a) City liability for compensation to Contractor under this Agreement shall only be to the extent of the present appropriation to fund this Agreement. For services to be provided under this Agreement City shall compensate Contractor in accordance with the provisions of this Section and the hourly rates attached hereto as Exhibit B and incorporated herein by this reference. The total annual compensation under this agreement shall be limited to Eight Hundred Thousand Dollars ($800,000) per fiscal year, which runs from July 1 to June 30, and the remainder of the first fiscal year of the Agreement.
(b) The City will pay the Contractor under Service Order s on a time and materials/reimbursable expenses (T &M) basis. The hourly ra te and reimbu rsable schedule in Exhibit B applies to all Service Orders.
(c) This Agreement is for Contractor to perform “on call” services or tasks and as such it is a standby Agreement to assign work to the Contractor from time -to-time as needed and as appropriate. There is no minimum compensation for this engagement or for any work assigned pursuant to this On -Call Agreement and no guarantee that any work will be assigned to Contractor during its term.
(d) Invoice(s) in a form at and on a schedule acc eptable to the City shall be submitted to and be reviewed and verified by the Project Administrator (see Section 5(a)) not more frequently than once during every month and forwarded to the City's Finance Department for payment. City shall notify Contractor of exceptio ns or disputed items and their dollar value within fifteen days of receipt. Payment of the undisputed amount of the invoice will typically be made approximately thirty days after the invoice is submitted to the Finance Department.
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(e) Contra ctor will mai ntain clearly identifiable, complete and accurate records with respect to all costs incurred under this Agreement on an industry recognized accounting basis.
Contractor shall make available to the representative of City all such books and records related to this Agreement, and the right to examine, copy and audit the same during regular business hours upon 24 -hour's notice for a period of four years from the date of final payment under this Agreement.
(f) Contractor s hall not receive any com pensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by the City to be necessary for the proper completion of a Service Order but which is not included within the Service Order and which the parties did not reasonably anticipate would be necessary at the execution of the Service Order.
(f) Expenses not otherwise addressed in the Service Order or the Fee Schedule incurred by Contractor in performi ng services under this A greement shall be reviewed and approved in advance by the Project Administrator (Section 5(a)) and reimbursed to Contractor.
4. Termination or Suspension.
(a) This Agreement may be terminated in whole or in part in writing by either party in the event of a substantia l failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given (1) not less than ten days written notice of i ntent to term inate, and (2) provided an opportunity for consultation with the terminating party prior to termination.
(b) If termination for default is effected by the City, an equitable adjustment in the price provided for in this Agreement shall be mad e, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's defa ult. If afte r the termination for failure of Contractor to fulfill its contractual obligations, it is determined that the Contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the City.
(c) The City may terminate or suspend this Agreement at any time for its convenience upon not less than thirty days prior written notice to Contractor. Not later than the effective date of such termination or suspension, Co ntractor shall discontinue all affect ed work and deliver all work product and other documents, whether completed or in progress, to the City.
(d) If termination for default is effected by the Contractor or if termination for convenience is effected by the City, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to term ination settl ement costs reasonably incurred by Contractor relating to written commitments that were executed prior to the termination.
5. Project Administrator, Project Manager & Key Personnel.
(a) City designates as its Project Administrator the Public Works Director/City Engineer, Brian McMinn, who shall have the authority to act for the City under this Agreement. The Project Administrator or his/her authorized representative shall represent the City in all matters pertaining to the work to be performed pursuant to this Agreement.
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(b) Contractor designates Marcelo Casentino, as its Project Manager who shall coordinate all phases of the Project. The Project manager shall be available to City at all reasonable times during the Agreement term as designated in Service Orders.
(c) Contractor warrants that it will continuously furnish the necessary personnel to complete each Service Order on a timely basis as contemplated by this Agreement. Contractor, at the sole discretion of City, shall remove from the task or service any of its personnel assigned to the performance of services upon written request of City. Contractor may be required to represent to City that certain key personnel will perform and coordinate the work under a Service Order. Should o ne or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of the City Administrator. In the event that City Administrator and Project Manager cannot agree as to the substi tution of key personnel, City shall be entitled to terminate this Agreement for cause.
6. Delegation of Work.
(a) If Contractor utilizes any subcontractors, Contractors, persons, employees or firms having applicable expertise to assist Contractor in performing tasks or services under this Agreement, Contractor shall obtain City's prior written approval to such employment.
Contractor's contract with any subcontractor shall contain a provision making the subcontract subject to all provisions of this Agreement. Contractor will be fully responsible and liable for the administration, completion, presentation, and quality of all work performed. City reserves its right to employ other contractors in connection with this Project.
(b) If work hereunder is performed by a design professional, design professional shall be directly involved with performing the work or shall work through his, her or its employees. The design professional's responsibilities under this Agreement shall not b e delegated. The design professional shall be responsible to the City for acts, errors or omissions of his, her or its subcontractors. Negligence of subcontractors or agents retained by the design professional is conclusively deemed to be the negligence of the design profession al if not ade quately corrected by the design professional. Use of the term subcontractor in any other provision of this Agreement shall not be construed to imply authorization for a design professional to use subcontractors for performance of any professional service under this Agreement.
(c) The City is an intended beneficiary of any work performed by a subcontractor for purposes of establishing a duty of care between the subcontractor and the City.
7. Skill of Employees . Cont ractor shall ensure that any employee s or agents providing services under this Agreement possess the requisite skill, training and experience to properly perform such services.
8. Confidential and Proprietary Information. In the course of performing serv ices under this Agreemen t Contractor may obtain, receive, and review confidential or proprietary documents, information or materials that are and shall remain the exclusive property of the City.
Should Contractor undertake the work on behalf of other agen cies, entities, firms or persons relating to the matters described in any Service Order , it is expressly agreed by Contractor that any such confidential or proprietary information or materials shall not be provided or disclosed in any manner to any of Cont ractor’s other clients, or to any oth er third party, without the City’s prior express written consent.
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9. Ownership of Data. Unless otherwise provided for herein, all documents, material, data, drawings, plans, specifications, computer data files, basis for design calculations, engineering notes, and reports originated and prepared by Contractor, or any subcontractor of any tier, under this Agreement shall be and remain the property of the City for its use in any manner it deems appropriate. Contractor agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or intellectual property rights in favor of the City. Contractor shall provide two ( 2) sets of reproducible of the above -cited items, except for the computer data files which shall consist of one (1) set. Contractor shall use all reasonable efforts to ensure that any electronic files provided to the City will be compatible with the City's computer hardware and software. Contractor makes no representation as to long -term compatibility, usability or readability of the format resulting from the use of software application packages, operating systems or computer hardware differing from those in use by the City at t he commenceme nt of this Agreement. Contractor shall be permitted to maintain copies of all such data for its files. City acknowledges that its use of the work product is limited to the purposes contemplated by the Scope of Work an d the applicable Service Order, should City use these products or data in connection with additions to the work required under this Agreement or for new work without consultation with and without additional compensation to Contractor, Contractor makes no r epresentation as to the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Work and the applicable Service Order and shall have no liability or responsibility whatsoever in connection with such use w hich shall be at the Cit y's sole risk. Any and all liability arising out of changes made by the City to Contractor's deliverables is waived against Contractor unless City has given Contractor prior written notice of the changes and has received Contracto r's written consent to such changes.
10. Conflict of Interest.
(a) Contractor covenants that neither it, nor any officer or principal of its firm has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of the City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an offi cer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of the City in the performance o f this Agreement. Contr actor shall r epresent the interest of the City in any discussion or negotiation.
(b) City understands and acknowledges that Contractor may be, as of the date of commencement of services under this Agreement, independently involv ed in the performance of non-related services for other governmental agencies and private parties. Contractor is unaware of any stated position of the City relative to such projects. Any future position of the City on such projects may result in a conflict of interest for purposes of this section.
(c) No official or employee of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making accepting or approving this Agreemen t, during the term of hi s or her tenu re or service with City and for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof or obtain any present or anticipated material benefit arising there from.
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11. Disclosure. Contractor may be subject to the appropriate disclosure requirements of the California Fair Political Practices Act, as determined by the City Manager.
12. Non-Discrimination.
(a) The Contractor’s signature affixed herein and dated shal l constitute a certification under penalty of perjury under the laws of the State of California that the Contractor has, unless exempt, complied with t he nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
(b) During the performa nce of this Agreement, Contractor and its sub-contractors shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, co lor, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital statu s, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran st atus. Contractor and sub-contractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
(c) Contractor and sub -contractors shall comply with the provisions of the Fair Employment and Housing Act ( Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provision s of Gov. Code §§11135-11139.5, and the regulations or standards adopted by CITY to implement such artic le. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100 -8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
(d) Contractor shall permit access by representati ves of the Department of Fair Employment and Housing and the City upon reasonable notice at any time d uring the no rmal business hours, but in no case less than twenty -four (24) hours’ notice, to such of its books, records, accounts, and all other sources o f information and its facilities as said Department or City shall require to ascertain compliance with this clause.
(e Contractor and its sub -contractors shall give written notice of their obligations under this claus e to labor organizations with which t hey have a collective bargaining or other Agreement.
(f) Contractor shall include the nondiscrimination and c ompliance provisio ns of this Section in all subcontracts.
13. Indemnification & Hold Harmless.
(a) Other than in the performance of professional services by a design professional, which shall be solely as addressed by subsection (b) below, and to the f ull e xtent permitted by law, Contractor shall indemnify, immediately defend (with independent counsel reasonably acceptable to the City) and hol d harmless the City, its Council, boards, commissions, employees, officials
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and agents ( collectively "Indemnified Parties" or in the singular "Indemnified Party") from and against any claims, losses, damages, penalties, fines and judgments, associated investigation and administrative expenses, and defense costs including but not limited to reasonable attorney’s fees, court costs, exper t witness fees and costs of alternate dispute resolution (collectively "Liabilities“), where sam e aris e out of the performa nce of this Agreement by Contractor, its officers, employees, agents and sub -contractors. The duty to defend is a sep arate and disti nct obligation from the Contractor’s duty to indemnify and Contractor shall be obligate d to defend in all legal, equitable, administrative or special proceedings upon tender to the Contractor of any claim in any form or at any stage of an action or proceeding, whether or not liability is established and the obligation extends through final j udgment in cluding exhaustion of any a ppeals.. The Contractor’s obligation to indemnify applies unless it is finally determined that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party . If it is finally determined that liability is caused by the comparative active negligence or willful misconduct of an Indemnified Party, the Contractor’s indemnification obligation shall be reduced in proportion to the established comparative liability of the indemnified party.
(b) To the fullest extent permitted by law (including without limitation California Civil Code Sections 2782.8), when the services to be p rovided under this A greement are design professional services to be performed by a design professional, as that term is defined by said section 2782.8(c)(2) (“Design Professional”) Design Professional shall indemnify, protect and hold harmless any Indemnified Party for all Liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, rec klessness, or willful misconduct of Design Professional, or such acts or omissions of an officer, employee, agent or subcontractor of the Design Professional. Design Professional shall not have an immediate duty to defend an Indemnified Par ty, howeve r, Design Professional’s ob ligation to indemnify (including reimbursing the cost to defend) and hold the Indemnified Parties harmless applies un less it is finally determined that the liability was caused by the sole active negligence or sole will ful misconduct of an Indemnified Party. If it is finally determined that liability was caused by the comparative active negligence or willful miscon duct of an Indemnifi ed Party the Design Professional’s indemnification obligation shall be reduced in propo rtion to t he est ablished comparative liability. Within 30 days following Design Professional ’s receipt of a properly presented written invoice Design Profession shall reimburse the Indemnified Party for the cost of reasonable attorney’s fees and defense costs incurred by the Indemnified Party to the same extent of Design Professional’s indemnity obligation herein . In no event shall the cost to defend charged to the Design Professional exceed the Design Professional’s proportionate percentage of fault.
(c) The provisions of this Section are not limited by the provisions of sections relating to insurance including provisions of any worker's compensati on ac t or similar ac t. Contractor expressly waives its statutory immunity under such statues or laws as to City, its employees and officials. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in t his section from eac h and every subcontractor, sub tier contractor or any other person or entity involved b y, for, wi th or on behalf of Contract or in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemni ty obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
(d) If any action or proceeding is brought against any Indemnified Par ty by reason of any of the matters ag ainst which the Contractor has agreed to provide an immediate defense to an y Indemnified Party, as provided abov e, Co ntractor, upon notice from the City, shall defend the
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Indemnified Party at Contractor's expense by independent counsel reasonably acceptable to the City. Unless otherwise provided above, an Indemnified Party need not have first paid for any of the matters to which it is entitled to indemnification in order to be so defended. If it is finally adjudicated that liability for which Contractor has provided an immediate defense was caused by the sole active negligence or sole willful misconduct of an Indemnified Party, Contractor may submit a claim to the City for reimbursement of reasonable attorney’s fees and defense costs.
(e) This obligation to indemnify and defend, as set forth herein, is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or this Section.
14. Insurance.
(a) As a condition preced ent to the effectiveness of this Agre ement and without limiting Contractor's indemnification of the City, Contractor agrees to obtain and maintain in full force and effect at its own expense the insurance policies set forth in Exhibit “C” “Insurance” attac hed hereto and made a part hereof and as may be required for any Service Order . Contractor shall furnish the City with original certificates of insu rance, manually autographed in ink by a person authorized by that insurer to bind coverage on its behalf, a long with copies of all required endorsements. All certificates and endorsements must be received and approved by the City before any work commences . Al l insurance pol icies shall be subject to approval by the City Attorney and Risk Manager as to form and content. Specifically, such insurance shall: (1) protect City as an additional insured for commercial general and business auto liability; (2) prov ide City at least th irty days written notice of cancellation, material reduction in coverage or reduction i n limits and ten days written notice for non-payment of premium; and (3) be primary with respect to City's insurance program. Contractor's insurance is not expected to respond to claims that may arise from the acts or omissions of the City.
(b) City rese rves the r ight at any time during the term of this Agreement to change the amounts and types of insurance required for any Service Order issued as pr ovided herein by giving Contractor ten days advance written notice of such change.
(c) All required insura nce must b e submitted and approved th e City Attorney and Risk Manager prior to the inception of any operations by Contractor.
(d) The required cover age a nd limits are s ubject to availability on the open market at reasonable cost as determined by the City. Non-availability or non affordabili ty must be documented by a letter from Contractor's insurance broker or agency indicating a good faith effort to place the required insurance and showing as a minimum the names of the insurance carriers and the declinations or quotations received from each. Within the foregoing constraints, Contractor's failure to procure or maintain required insurance during the e ntire term of this Agreement shall constitute a material breach of this Agreement under which City may immediately su spend or terminate this Agr eement or, at its discretion, procure or renew such insurance to protect City's interests and pay any and all pr emium in connection therewith and recover all monies so paid from Contractor.
(e) By signing this Agreemen t, Contrac tor he reby certifies that i t is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provision of that Code, and that it will comply with such provisions at all such times as they may
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apply during the performance of the work pursuant to thi s Contract. Unless otherwise agreed, a waiver of subrogation in favor of the City is required.
15. Independent Contractor. The parties agree that Contractor, its officers, employees and agents, if any, shall be independent contractors with regard to the providing of services under this Agreement, and that Contractor's employees or agents shall not be conside red to be employees or agents of the City for any purpose and will not be entitled to any of the benefits City provides for its employees. City shal l make no deductions for payroll taxes or Social Security from amounts due Contractor for work or services provided under this Agreement.
16. Claims for Labor and Materials . Contractor shall promptly pay when due all amounts payable for labor and materia ls furnished in the performance of this Agreement, so as to prevent any lien or other claim under any provi sion of la w from arising against any City property (including reports, documents, and other tangible matter produced by the Contractor hereunder), against the Contractor 's rights to payments hereunder, or against the City, and shall pay all amounts due under the Unemployment Insurance Act with respect to such labor.
17. Discounts. Contractor agrees to offer the City any discount terms that are offer ed to its best custo mers for the goods and services to be provided herein, and apply such discounts to payment made under this Agreement which meet the discount terms.
18. Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any addi tional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
19. Dispute Resolution. If any dispute arises between the parties as to proper interpretation or application of this Agreement, the parties shall first meet and confer in a good faith attempt to resolve the matter between themselves. If the di spute is not resolved by meeting and conferring, the matter shall be submitted for formal mediation to a mediato r selected mutually by the parties.
The expenses of such mediation shall be shared equally between the par ties. If the dispute is not or cannot be resolved by mediation, the parties may mutually agree (but only as to those issues of the matter not resolv ed by mediation) to submit their dispute to arbitration. Before commencement of the arbitration, the parti es may ele ct to have the arbitration proceed on an informal basis; however, if the parties are unable so to agree, then the arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be b inding, unless within thirt y days after issuance of the arbitrator’s written decision, any party files an action in court. Venue and juris diction for any such action between the parties shall lie in the Superior Court for the County of Monterey.
20. Compliance with Laws.
(a) E ach party's performance hereunder shall comply with all applicable laws of the United States of America, the Sta te of California and the City including but not limited to laws regarding health and safety, labor and empl oyment, wage and hours and licensing laws which affect employees. This Agreement shall be governed by, enforced and interpreted under the laws of th e Sta te of Californi a. Contractor shall comply with new, amended or revised laws, regulations or procedures that apply to the performance of th is Agreement., those dealing with prevailing wages, apprentices, certified payrolls and hours of work.
(b) Contractor shall conduct all work in strict accordance with applicable regulations and guidelines adopted by the California Department of Public Health (CDPH) and the California
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Department of Industrial Relations (DIR), Division of Occupational Safety and Health, Safety for the prevention of COVID-19 and the regulations and guidelines for the prevention of COVID - 19 adopted by the County of Monterey and by the City.
(c) Contractor represents that it has obtained and presently holds all permits and l icenses necessary for performance hereunder, including a Business License required by the City's Business Lic ense Ord inance. For the term covered by this Agreement, the Contractor s hall maintain or obtain as necessary, such permits and licenses and shall not allow them to lapse, be revoked or suspended.
(d) This Agreement is not intended and shall not be util ized for a public work as that term is used in California Labor Code Section 1720 et seq.
21. Assignment or Transfer . This Agreement or any i nterest herein may not be assigned, hypothecated or transferred, either directly or by operation of law, witho ut the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acqui re no right or interest by reason of such att empted assignment, hypothecation or transfer.
22. Notices. All notices required or permitted to be g iven under this Agreement shall be i n writing and s hall be personally delivered, sent by facsimile ("fax") or certified mail, postage prepaid with return receipt requested, addressed as follows:
To City: City Manager
City of Marina City Hall
211 Hillcrest Avenue
Marina, California 93933
Fax: (831) 384-9148
To Contractor: BKF Engineers
307 Main St, Ste. 120
Salinas, CA 93901
Phone: (831) 205-5880
Notice shall be deemed effective on the date personally delivered or transmit ted by facsimile or, if mailed, three days after deposit in the custody of the U.S. Postal Service. A copy of any notice sent as provided herein shall also be delivered to the Project Administrator and Project Manager.
23. Amendments, Changes or Modifica tions. This Agreement and any Servic e Order are not subject to amendment , change or mod ification except by a writing signed by the authorized representatives of City and Contractor.
24. Force Majeure . Notwithstanding any other provisions hereof, neither Contractor nor City shall be held re sponsible or liable for failure to m eet their respective obligations under this Agreement and any Service Order if such failure shall be due to causes beyond Contractor's or the City's control. Such causes include but are not limited to: strike, fire, flood, civil disorder, act of God or of the public ene my, act of the federal government, or any unit of state of local government in either sovereign or cont ractual capacity, epidemic, quarantine restriction, or delay
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in transportation to the extent that they are not caused by the party's willf ul or negligent acts or omissions, and to the extent that they are beyond the party's reasonable control.
25. Attorney's Fees . In the event of any controversy, claim or dispute rela ting to this Agreement, any Service O rder, or the breach thereof, the pre vailing party s hall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs.
26. Successors and Assigns. All of the terms, conditions and provisi ons of this Agreement shall apply to and bind the respective heirs, execu tors, administrators, successors, and assigns of the parties. Nothing in this paragraph is intended to affect the limitation on assignment.
27. Authority to Enter Agreement . Contractor ha s all requisite power and auth ority to conduct its business and to execute, deliver and perform the Agreement and any Service Order .
Each party warrants that the individuals who have signed this Agreement and shall sign Serv ice Orders have the legal power, right and authority to make this Agreement and bind each respective party.
28. Waiver. A waiver of a default of any term of this Agreement or the terms and conditions of any Service Order shall not be construed as a waiver of any succeeding defa ult or as a waiver of the provision itself. A party's performance after the other party's default shall not be construed as a waiver of that default.
29. Severability. Should any portion of this Agreement or any Service Order be determined to be void or unenforceable, such shall be severed from the whole and the Agreement wi ll continue as modified.
30. Construction, References, Captions. Since the parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly fo r or against any party. Any term referencing time, days o r period for performance shall be deemed cale ndar days and not workdays. The captions of the various sections are for convenience and ease of refer ence only, and do not define, limit, augment or describe the scope, content or intent of this Agreement.
31. Advice of Counsel. The parties agree that t hey are aware that they have the right to be advised by counsel with respect to the negotiations, term s and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel wit h respect to this Agreement is a decision which is the sole responsibility of each of the parties hereto. Thi s Agreement shall not be construed in favor or against either party by re ason of the ext ent to which each party participated in the drafting of this Agreement.
32. Counterparts. This Agreement and any Service Order may be signed in counterparts, each of which shall constitute an original.
33. Time. Time is of the essence in this contract.
34. Entire Agreement . This Agreement together with the Service Orders to be issued hereunder contains the entire agreement of the parties with respect to the matter s as se t forth in this Agreement, and no other agreement, statement or promise made by or to any party or by or to any employee, officer or agent of any party, which is not contained in this Agreement shall be binding or valid. . The exhibits attached her eto and the Service Orders to be atta ched as part of
EXHIBIT B
41 13
Exhibit A are incorporated into this Agreement. In the event of a conflict between the terms of this Agreement and any exhibit of Service Order, the terms of this Agreement shall control.
IN WITNESS W HEREOF, Contractor and the City by th eir duly authorized representatives, have executed this Agreement, on the date first set forth above, at Mari na, California.
CITY OF MARINA CONTRACTOR
By: ________________________ By: _________________________ Name: Layne P. Long Name:
Its: City Manager Its: ___________________ Date: ________________________ Date: ___________________
Attest:
Per Resolution 2021 - ____
By: ________________________
Anita Shepherd-Sharp
Deputy City Clerk
Approved as to form:
By:
City Attorney
EXHIBIT B
42 EXHIBIT A
GENERAL DESCRIPTION OF SERVICES
[Individual Service Orders to be attached as executed and are incorporated herei n and made a part of this Agreement.]
EXHIBIT B
43 EXHIBIT B
HOURLY RATE AND REIMBURSABLE SCHEDULE
EXHIBIT B
44 6/20/2022
City of Marina Pavement Resurfacing and Rehabilitation Program
BKF ENGINEERS
PROFESSIONAL SERVICES RATE SCHEDULE
EFFECTIVE MARCH 28, 2022
CLASSIFICATION HOURLY RATE
PROJECT MANAGEMENT
Principal/Vice President $272.00
Senior Associate/Vice President $244.00
Associate $237.00
Senior Project Manager | Senior Technical Manager $237.00 Project Manager | Technical Manager $231.00
Engineering Manager | Surveying Manager | Planning Manager $213.00
TECHNICAL STAFF
Senior Project Engineer | Senior Project Surveyor | Senior Project Planner $198.00 Project Engineer | Project Surveyor |Project Planner $174.00 Design Engineer | Staff Surveyor | Staff Planner $151.00 BIM Specialist I, II, III $151.00 - $174.00 - $198.00
Technician I, II, III, IV $144.00 - $153.00 - $168.00 - $181.00 Drafter I, II, III, IV $113.00 - $124.00 - $134.00 - $149.00 Engineering Assistant | Surveying Assistant | Planning Assistant $94.00
FIELD SURVEYING
Survey Party Chief $198.00
Instrument Person $170.00
Survey Chainperson $127.00
Utility Locator I, II, III, IV $103.00 - $146.00 - $175.00 - $199.00 Apprentice I, II, III, IV $78.00 - $105.00 - $116.00 - $123.00
CONSTRUCTION ADMINISTRATION
Senior Consultant $259.00
Senior Construction Administrator $225.00
Resident Engineer $167.00
Field Engineer I, II, III $151.00 - $174.00 - $198.00
PROJECT ADMINISTRATION
Project Coordinator $126.00
Senior Project Assistant $109.00
Project Assistant $96.00
Clerical | Administrative Assistant $81.00
Expert witness rates are available upon request.
Subject to the terms of a services agreement:
· Charges for outside services, equipment, materials, and facilities not furnished directly by BKF Engineers will be billed as reimbursable expenses at cost plus 10%. Such charges may include, but shall not be limited to:
printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; agency fees; insurance; transportation on public carriers; meals and lodging; and consumable materials.
· Allowable mileage will be charged at the prevailing IRS rate per mile. · Monthly invoices are due within 30 days from invoice date. Interest will be charged at 1.5% per month on past due accounts.
·
The rates shown are subject to periodic increases, including January 1st of each year.
EXHIBIT B
45 C-1
Exhibit C - Insurance
Contractor agrees to pro vide insurance in accordance with the requireme nts set forth herein. If Contractor uses existing coverage to co mply with these requirements and that coverage does not meet the requirem ents set forth herein, Contractor agrees to amend, supplement or endors e the existing coverage to do so. Contractor s hall furnish the City with original certificates of insurance, manually autographed in ink by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the City before any work c ommences. The City reserves its right to require complete, certi fied copies of all required insurance policies at any time. The followin g coverage will be provided by Contractor and maintained on behalf of the City and in accordance with the requirements set forth herein.
Commercial General Liability (primary). Commercial general liability insurance cov ering Contractor's operations (and products where applicable) is required whenever the City is at risk of third party claims which may arise out of Contra ctor's work or presence on City premises.
Contractual liability coverage is a required inclusion in this insurance.
Primary insurance shall be provided on ISO-CGL form No. CG 00 01 11 85 or 88 or on an ISO or ACORD form providing coverage at least as broad as ISO form CG 00 01 10 01 and approved in advance by the City Attorney and Risk Manager. Total li mits shall be no less than one milli on dollars ($1, 000,000) combined single limit per occurrence for all co verages. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall ap ply separately to this Project or th e general aggre gate limit shall be two million dollars ($2,000,000). C ontractor must give written notice to the City of any pending claim, action or lawsuit which has or may diminish the aggregate. If any such claim or lawsuit exists, Contractor shall be required, prior to commencing work under this Agreement, to restore the impaired aggregate or prove it has replacemen t insurance protection to the satisfaction of the City Attorney and Risk Manager.
City, its Council, boards and commissions, officers, em ployees, agents and volunteers shall be added as additional insureds us ing ISO additional insured endorsement form CG 20 10 11 85 or forms CG 20 10 10 01 and CG 20 37 10 01. Coverage shall apply on a primary, non-contributing basis in relation to any othe r insurance or self-insurance, primary or excess, available to the City or any agent of City. Coverage is not expected to respond to the claims which may arise from the acts or omiss ions of the City. Coverage shall not be limited to the vicarious liabili ty or supervisory role of any additional insured. Coverage shall conta in no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from p ollution, explosion, collapse, under ground property damage or employment-related practices.
Umbrella Liability Insurance. Umbrella liability insurance (over primary) shall apply to bodily injury/property damage, p ersonal injury/advertising injury, contractual liability and completed operations at a m inimum, and shall be in an amount of not less than two m ission dollars ($2,000,000), and include a “dro p down” provision providing primary coverage above a maximum $25, 000.00 self -insured retention for lia bility not covered by primary polici es but covered by the umbrella policy. Coverage shall be following form to any underlying coverage.
EXHIBIT B
46 C-2
Coverage shall be provided on a “pay on behalf” basis, with defense costs pa yable in addition to policy limits. There shall be no cross liability ex clusion and no contractor's limitation endorsement. Policies limits sh all be not less than one million dollars ($1,00 0,000) per occurrence and in the aggregate, above any limits requ ired in the underlying policies shall have starting and ending dates concurrent with the underlying coverage.
Business Auto. Automobile liability insurance is required where vehicles are used in performing the work under this Agreement or where vehicles are driven off-road on City premises, it is not required for simple commu ting unless Cit y is paying mileage. However, compliance with California law requiring auto liability insurance is a contractual requirement.
If automobile insurance is required fo r wor k under this Agreement, primary coverage shall be written on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) o r on an ISO or ACORD form providing coverage at least as broad as CA 00 01 10 01 approved by the City Attorney a nd Ri sk Manager. Coverage shall be e ndorsed to stated that the City, its Council, boards and commissions, officers, employees, agents and volun teers shall be added as additional insureds wit h respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, lease d, hired or borrowed by the Contract or or for which the Contractor is responsible. Limits shall be no less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. Starting and ending dates shall be concurrent. If Contractor owns no a utos, a non -owned auto endorsement to the commercial general liability policy described above is acceptable.
Workers’ Compensation/Employers’ Liability. Workers' Compensation and Em ployer's Liability insurance are not required for single-person contractors. However, under California law these coverages (or a copy of the St ate's Consent to Self -Insure) must be provided if Contractor has any employees at any time during the period of this Agreement. Policy(s) shall be written on a policy form providing wo rkers’ compensa tion statutory benefits as required by law.
Employers’ liability limits shall be no less than one mill ion dollars ($1,000,000) per accident or disease and shall be sch eduled under any umbrella policy desc ribed above. Unless otherwise agreed, policy(s) sh all be endorsed to waive any right of subrogation as res pects the City, its Council, boards and commissions, officers, employees, agents and volunteers.
Property Insurance. Property insurance, in a form a nd amount approved by the City Attor ney and Risk Ma nager, is required for Contractors having exclusive use of premises or equipment owned or controlled by the City. City is to be named a Loss Payee As Its Interest May Appear in property insurance in which the City has an interest, e.g., as a lien holder. Fire damage legal liability is required for persons occupying a portion of City premises.
Errors and Omissions/Professional Liability. Errors and Omissions or p rofessional liability coverage approp riate to Contractor's profession, in a form and amo unt approved by the City Attorney and Risk Manager, will be specified on a Service Order-specific basis if Contractor is working as a licensed professional. Contractor shall maintain such insurance for a period of five years following completion of work or services. Such insurance shall be in an amount of not less than one million dollars ($1,000,000) per claim and in annual aggregate. Contractor shall maintain such i nsurance in place for a period of fiv e years following completion of work or services provided under this Agreement. Such continuation coverage may be provided by one of the following: (1) r enewal of the existing policy; (2) an extended reporting period e ndorsement; or (3) replacement insura nce with a retroactive date no later than commencement of the work or services under this Agreement.
EXHIBIT B
47 C-3
Contractor and City further agree as follows:
a) This Exhibit supersedes all other sections and provisions of th is Ag reement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit.
b) Nothing contained in this Exhibit is to be construed as affectin g or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Exhibit are intended to be separate and di stinct from any other provision in this Agreement and sh all be interpreted as such.
c) All insurance coverage and limits provided pursuant to this Agreement shall app ly to the full extent of the policies involved, available or applicable. Nothing contai ned in this Agreement or any other agreement relating to the City or its operations limits the applicat ion of such insurance coverage.
d) Requirements of specific cov erage features or limits contained in this Exhibit are not intended as a limitation on c overage, limits or other requirements, or a waiver of an y coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes o f cla rification only and is not inten ded by any party to be all inclusive , or to the exclusion of other coverage, or a waiver of any type.
e) For purposes of insurance coverage only, this A greement will be deemed to have been executed immediately upon an y par ty hereto taking any steps that can be deemed to be in furtherance of or toward performance of this Agreement.
f) All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the perform ance of this Agreement, shall not pro hibit Contractor, Contractor’s emplo yees, or agents from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against the City.
g) Unless otherwise approved by City, Contractor’s insurance shall be written by insurers authorized and admitted to do business in the State of California with a minimum “Best’s” Insurance Guide Rating of “A:VII.” Self -insurance will not be considered to comply with these insurance specifications.
h) In the event any policy of insurance required under this Agreem ent does not co mply with these requirements or is canceled and not repl aced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Cit y wil l be promptly reimbursed by Contractor.
i) Contractor agrees to pr ovide evidence of the insurance required herein, satisfactory to City Attorney and Risk Manager, consisting of certifi cate(s) of insurance evidencing all of the coverages required and an additional endorsement to Contrac tor’s general liability and umbrella liability policies using ISO form CG 20 10 11 85. Certificate(s) are t o reflect that the insurer will provide at leas t thirty days written notice of cancellation, material reduction in co verage or reduction in limits and ten days written notice for non-payment of premium. Contractor agrees to require its insurer to modify s uch certificates to delete any exculpatory word ing stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete
EXHIBIT B
48 C-4
the word “endeavor” with regard to any notice provisions. Contractor agrees to provide complete copies of policies to City within ten days of City's request for said copies.
j) Contractor shall provide proof that policies of insurance requ ired herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
k) Any actual or all eged failure on the part of the City or any other a dditional insured under these requirements to obtain pro of of insurance required under this Agreement i n no way waives any right or remedy of City or any additional insured, in this or any other regard.
l) Contractor agrees to require all subcontractors or other parties hired for this Project to provide worke rs' compensation insurance as required herein a nd general liability insurance naming as additional insureds all parties to this Agreement. Contracto r agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such co verage is provided as required here. Contracto r agrees to require that no contract used by any subcontractor, o r con tracts Contractor enters into on behalf of City, will reserve the ri ght to charge b ack to City the cost of insurance required by this Agree ment. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor co ntracts with on behalf of City, will be submitted to City for review. Co ntractor acknow ledges that such contracts or agreements may require modification if the insurance requirements do not reflect the requirements herein. Failure of City to request copie s of such agreements will not impose any liability on City, its Council, boards and commissions, officers, employees, agents and volunteers.
m) If Contractor is a Limited Liability Company, general liability coverage must be amended so that the Limited L iability Company and its Managers, Af filiates, employees, agents and other persons necessary or incidental to its operation are insureds.
n) C ontractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City as a defendant. City assumes no obli gation or liability by such notice, but has the right (but not the duty) to monitor the handling of any suc h claim or claims if they are likely to involve the City.
o) Coverage will not be limited to the specific loca tion or individual entity designated as the address of the Project. Cont ractor agrees t o have its coverage endorsed so that all coverage limits required pursuant to this requirement are available separately for each and every location at which Contractor conducts operations of any type on be half of City. Contractor warrants t hat these limit s will not be reduced or exhausted except for losses att ributable to those specific locations and not by losses attributable to any other operations of Contractor.
p) Contractor agrees not to attempt to avoid its defense and indemnity obligations to City, its Council, boards and commissions, officers, employe es, agents and volunteers by using as a defense Contractor's statutory immunity under workers' compensation or similar statutes.
r) Contractor agree s to ensure that coverage provided t o meet these re quirements is applicable separately to each insured and that there will be no cross liability exclusion s that preclude coverage for suits between Contractor and City or between City and any other insured or Named Insured under the policy, or between City a nd any party associated with City or its employees.
EXHIBIT B
49 C-5
s) Contractor shall maintain commercial general liability, and if necessary, commercial umbrella liability insura nce, with a limit of not less than two million dollars ($ 2,000,000) each occurrence for at least three years following substantial completion of the work.
u) City reserves the right to modif y the insurance requirements set forth herein in accordance with the terms of any specific Service Order issued as provided by the Agreement.
EXHIBIT B
50 1
CITY OF MARINA
AGREEMENT FOR ON-CALL CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES
THIS AGREEMENT is made and entered into on July , 2021, by and between the City of Marina, a California charter city, hereinafter referred to as the "City," and Ghirardelli Associates, a California Corporation, hereinafter referred to as the "Contractor." City and Contractor are sometimes individually referred to as "party" and collectively as "part ies" in this Agreement.
Recitals
A. City desires to retain Contractor for on-call construction management and inspection services associated with various City projects described generally by Exhibit A – Contractor shall provide services pertaining to City project s and shall perfo rm standby and support services for City as determined by the City Engineer.
B. Contractor represents and warrants that it has the qualifications, experience and personnel necessary to properly perform the service s in accordance with the terms of individual service orders as set forth herein.
C. City desires to retain Contractor to provide such services.
Terms and Conditions
For of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and in consideration of the mutual promises contained herein, City and Contractor agree to the following terms and conditions:
1. Scope of Work.
(a) Contractor is hereby hired and retained by the City to work in a cooperative manner with the City to fully and adequately perform t hose services set forth in Exhibit “A ” attached hereto (“Scope of Work”) and by this reference made a part hereof. The Contractor shall be available to perform services under this Agreement as needed during the te rm of the Agreement.
With prior written n otice to Contractor, City may elect t o delete certain tasks of the Scope of Work at its sole discretion.
(b) All work performed under this Agreement shall be authorized in advance and in writing by a specific Se rvice Order prior to the commencement of s ervices. Each Service Order given by the City shall de scribe the nature of the specific task or service to be performed by the Contractor, the time limit or estimated number of hours within which such task or service must be completed and the compensation for such task or service. Details shall include a description of the task or service which Contractor shall perform, the geographic limits , if any, the type and scope of task or services to be performed, the forma t and schedule for deliverables, the sched ule of performance, and the schedule of compensation. Contractor shall not perform any task or service unless authorized by a fully executed Servic e Order. Contractor shall advise the Project Administrator in writing immediately of any anticipated change in any task or service, fee or time schedule, and shall obtain the Project Administrator’s prior written consent to the change prior to
EXHIBIT C
51 2
making any changes. In no event shall the Project Administrator’s consent be construed to relieve the Contractor from i ts duty to render all services or per form all tasks in accordance with applicable law and accepted industry standards.
(c) Contractor shall begin work under the Service Order only after receipt of the Service Order bearing the approval signature of the City Engineer. Each authorized Service Order issued under this Agreement by City shall be incorporated by reference as an integral part of Exhibit A and into the terms and conditions of this Agreement.
(d) The Cit y’s Project Administrator may, without inv alidating this Agreement, order changes in any tasks or service to be performed pursuant to a Service Order by altering, adding to or deducting from the task or services to be performed. All such changes shall be in writing and shall be performed in accor dance with the provisions of this Agr eement. If any such change causes an increase or decrease in the Contractor’s cost of, or the time required for, the performance of any of the tasks or services, the Contractor shall so notify the Project Administrator. If appropriate an equitable adjust ment to the Contractor’s compensation may be made, provided that any adjustment must be pre -approved by the parties in writing; with the City’s approval coming from the Project Administrator.
(e) Contractor shall pe rform all such work with skill and di ligence and pursuant to generally accepted standards of practice in effect at the time of performance. Contractor shall provide corrective services without charge to the City f or work which fails to meet these standards and which is reported to Contractor in writing within sixty days of discovery. Should Contractor fail or refuse to perform promptly its obligations under this Agreement, the City may render or undertake the perf ormance thereof and the Contractor shall b e liable for any expenses thereby incurred.
(f) If services under this Agreement are to be performed by a design professional, as that term is defined in California Civil Code §2782.8( c)(1-4), design profession al certifies that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Section 1(a). By delivery of completed work, design professional certifies that the work conforms to the requirements o f this Agreement and all applicable federal, state and local laws, and the professional standard of care in California.
(g) Contractor is responsible for making an independent evaluation and judgment of all relevant conditions affecting performance of th e work, including without limitation site conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state and local laws and regulations and all oth er contingencies or considerations.
(h) City shall cooperate with Contractor and will furnish all information data, records and reports existing and available to City to enable Contractor to carry out work described in Exhibit “A" and the executed Servic e Orders. Contractor shall be entitled to reasonably rely on information, data, records and reports furnished by the City, however, the City makes no warranty as to the accuracy or completeness of any such information, data, records or reports available to it and provided to Contractor which were furnished to the City by a third par ty. Contractor shall have a duty to bring to the City's attention any deficiency or error it may discover in any information provided to the Contractor by the City or a third party.
2. Term of Agreement & Commencement of Work.
EXHIBIT C
52 3
(a) Unless otherwise p rovided, the term of this Agreement shall begin on the date of its full execution and shall expire on June 30, 2024, unless extended by amendment or terminated earlier as provid ed herein. The date of full execution is defined as the date wh en all of the following events have occurred:
(i) This Agreement has been approved by the City's Council or by the officer or employee authorized to give such approval, and;
(ii) The off ice of the City Attorney has indicated in writing its approval o f this Agreement as to form, and;
(iii) This Agreement has been signed on behalf of Contractor by the person or persons authorized to bind the Contractor hereto, and;
(iv) This Agreement has been signed on behalf of the City by the person designated to so sign by t he City's Council or by the officer or employee authorized to enter into this Contract and is attested to by the Marina City Clerk.
(b) This Agreement may be extended up to one (1) year upon written agreement of both parties. Contr actor may be re quired to prepare a written schedule for the work to be performed under any Service Order , which schedule shall be approved by the City ’s Project Administrator and made a part of Exhibit A, and to perform the work in accordance with the approved schedule.
3. Compensation.
(a) City liability for compensation to Contractor under this Agreement shall only be to the extent of the present appropriation to fund this Agreement. For s ervices to be provided under this Agreement City shall compensate Contractor in accordance with the provisions of this Section and the hourly rates attached hereto as Exhibit B and incorporated herein by this reference. The total annual compensation under this agreement shall be limited to Eight Hundred Thousand Dollars ($800,000) per fiscal year, which runs from July 1 to June 30, and the remainder of the first fiscal year of the Agreement.
(b) The City will pay the Contractor under Service Order s on a t ime and materials/reimbursable expenses (T &M) basis. The hourly ra te and reimbu rsable schedule in Exhibit B applies to all Service Orders.
(c) This Agreement is for Contractor to perform “on call” services or tasks and as such it is a standby Agreement to assign work to the Contractor from time -to-time as needed and as appropriate. There is no minimum compensation for this engagement or for any work assigned pursuant to this On -Call Agreement and no guarantee that any work will be assigned to Contractor during its term.
(d) Invoice(s) in a form at and on a schedule acc eptable to the City shall be submitted to and be reviewed and verified by the Project Administrator (see Section 5(a)) not more frequently than once during every month and forwarded to the City's Finance Department for payment. City shall notify Contractor of exceptio ns or disputed items and their dollar value within fifteen days of receipt. Payment of the undisputed amount of the invoice will typically be made approximately thirty days after the invoice is submitted to the Finance Department.
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53 4
(e) Contra ctor will mai ntain clearly identifiable, complete and accurate records with respect to all costs incurred under this Agreement on an industry recognized accounting basis.
Contractor shall make available to the representative of City all such books and records related to this Agreement, and the right to examine, copy and audit the same during regular business hours upon 24 -hour's notice for a period of four years from the date of final paymen t under this Agreement.
(f) Contractor s hall not receive any com pensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by the City to be necessary for the proper completion of a Service Order but which is not included within the Service Order and which the parties did not reasonably anticipate would be necessary at the execution of the Service Order.
(f) Expenses not otherwise addressed in the Service Order or the Fee S chedule incurred by Contractor in performi ng services under this A greement shall be reviewed and approved in advance by the Project Administrator (Section 5(a)) and reimbursed to Contractor.
4. Termination or Suspension.
(a) This Agreement may be terminated in whole or in part in writing by either party in the event of a substantia l failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given (1) not less than ten days written notice of i ntent to term inate, and (2) provided an opportunity for consultation with the terminating party prior to termination.
(b) If termination for default is effected by the City, an equitable a djustment in the price provided for in this Agreement shall be mad e, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's defa ult. If afte r the termination for failure of Contractor to fulfill its contractual obligations, it is determined that the Contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the City.
(c) The City may terminate or suspend this Agreement at any time for its convenience upon not less than thirty days prior written notice to Contractor. Not later than the effective date of such termination or suspension, Co ntractor shall discontinue all affect ed work and deliver all work product and other documents, whether completed or in progress, to the City.
(d) If termination for default is effected by the Contractor or if ter mination for convenience is effected by the City, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to term ination settl ement costs reasonably incurred by Contractor relating to written commitments that were executed prior to the termination.
5. Project Administrator, Project Manager & Key Personnel.
(a) City designates as its Project Administrator the Public Works Director/City Engineer, Brian McMinn, who shall have the authority to act for the City under this Agreement. The Project Administrator or his/her authorized representative shall rep resent the City in all matters pertaining to the work to be performed pursuant to this Agreement.
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(b) Contractor designates Scott Buckley, as its Project Manager who shall coordinate all phases of the Project. The Project manager shall be available to City at all reasonable times during the Agreement term as designated in Service Orders.
(c) Contractor warrants that it will continuously furnish the necessary personnel to complete each Service Order on a timely basis as contemplated by this Agreement. Contractor, at the sole discretion of City, shall remove from the task or service any of its personnel assigned to the performance of services upon written request of City. Contractor may be required to represent to City that certain key personnel will perform and coordinate the work under a Service Order. Should o ne or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of the City Administrator. In the event that Cit y Administrator and Project Manager cannot agree as to the substi tution of key personnel, City shall be entitled to terminate this Agreement for cause.
6. Delegation of Work.
(a) If Contractor utilizes any subcontractors, Contractors, persons, employ ees or firms having applicable expertise to assist Contractor in performing tasks or services under this Agreement, Contractor shall obtain City's prior written approval to such employment.
Contractor's contract with any subcontractor shall contain a prov ision making the subcontract subject to all provisions of this Agreement. Contractor will be fully responsible and liable for the administration, completion, presentation, and quality of all work performed. City reserves its right to employ other contractors in connection with this Project.
(b) If work hereunder is performed by a design professional, design professional shall be directly involved with performing the work or shall work through his, her or its employees. The design professional's responsi bilities under this Agreement shall not b e delegated. The design professional shall be responsible to the City for acts, errors or omissions of his, her or its subcontractors. Negligence of subcontractors or agents retained by the design professional is conclusively deemed to be the negligence of the design profession al if not ade quately corrected by the design professional. Use of the term subcontractor in any other provision of this Agreement shall not be construed to imply authorization for a design p rofessional to use subcontractors for performance of any professional service under this Agreement.
(c) The City is an intended beneficiary of any work performed by a subcontractor for purposes of establishing a duty of care between the subcontractor and the City.
7. Skill of Employees . Cont ractor shall ensure that any employee s or agents providing services under this Agreement possess the requisite skill, training and experience to properly perform such services.
8. Confidential and Proprietary Information. In the course of performing serv ices under this Agreemen t Contractor may obtain, receive, and review confidential or proprietary documents, information or materials that are and shall remain the exclusive property of the City.
Should Contractor u ndertake the work on behalf of other agen cies, entities, firms or persons relating to the matters described in any Service Order , it is expressly agreed by Contractor that any such confidential or proprietary information or materials shall not be provided or disclosed in any manner to any of Cont ractor’s other clients, or to any oth er third party, without the City’s prior express written consent.
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9. Ownership of Data. Unless otherwise provided for herein, all documents, material, data, drawings, plans, sp ecifications, computer data files, basis for design calculations, engineering notes, and reports originated and prepared by Contractor, or any subcontractor of any tier, under this Agreement shall be and remain the property of the City for its use in any m anner it deems appropriate. Contractor agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or intellectual property rights in favor of the City. Contractor shall provide two ( 2) sets of reproducible of the above -cited items, except for the computer data files which shall consist of one (1) set. Contractor shall use all reasonable efforts to ensure that any electronic files provided to the City will be compatible with the City's computer hardware and software. Contractor makes no representation as to long -term compatibility, usability or readability of the format resulting from the use of software application packages, operating systems or computer hardware differing from those in use by the City at t he commenceme nt of this Agreement. Contractor shall be permitted to maintain copies of all such data for its files. City acknowledges that its use of the work product is limited to the purp oses contemplated by the Scope of Work an d the applicable Service Order, should City use these products or data in connection with additions to the work required under this Agreement or for new work without consultation with and without additional compensation to Contractor, Contractor makes no r epresentation as to the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Work and the applicable Service Order and shall have no liability or responsibility whatsoever in connection with such use w hich shall be at the Cit y's sole risk. Any and all liability arising out of changes made by the City to Contractor's deliverables is waived against Contractor unless City has given Contractor prior written notice of the changes and has received Contracto r's written consent to such changes.
10. Conflict of Interest.
(a) Contractor covenants that neither it, nor any officer or principal of its firm has or shall acquire any interest, directly or indirectly, whi ch would conflict in any manner with the interests of the City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such in terest shall be employed by it as an offi cer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the i nterests of the City in the performance o f this Agreement. Contr actor shall r epresent the interest of the City in any discussion or negotiation.
(b) City understands and acknowledges that Contractor may be, as of the date of commencement of services u nder this Agreement, independently involv ed in the performance of non-related services for other governmental agencies and private parties. Contractor is unaware of any stated position of the City relative to such projects. Any future position of the Cit y on such projects may result in a conflict of interest for purposes of this section.
(c) No official or employee of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, ma king accepting or approving this Agreemen t, during the term of hi s or her tenu re or service with City and for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof or obtain any present or anticipated material benefit arising there from.
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11. Disclosure. Contractor may be subject to the appropriate disclosure requirements of the California Fair Political Practices Act, as determined by the City Manager.
12. Non-Discrimination.
(a) The Contractor’s signature affixed herein and dated shal l constitute a certification under penalty of perjury under the laws of the State of California that the Contractor has, unless exempt, complied with t he nondiscrimination program requirements of Gov. Code §12990 an d 2 CCR § 8103.
(b) During the performa nce of this Agreement, Contractor and its sub-contractors shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, co lor, national origin, ancestry, physical disability, mental di sability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any empl oyee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital statu s, sex, gender, gender identity, gender expression, age, sexua l orientation, or military and veteran st atus. Contractor and sub-contractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
(c) Contractor and sub -contractors shall comply with the provisions of the Fair Employment and Housing Act ( Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provision s of Gov. Code §§11135-11139.5, and the regulations or standard s adopted by CITY to implement such artic le. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100 -8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
(d) Contractor shall permit access by representati ves of the Department of Fair Employment and Housing and the City upon reasonable notice at any time d uring the no rmal business hours, but in no case less than twenty -four (24) h ours’ notice, to such of its books, records, accounts, and all other sources o f information and its facilities as said Department or City shall require to ascertain compliance with this clause.
(e Contractor and its sub -contractors shall give written not ice of their obligations under this claus e to labor organizations with which t hey have a collective bargaining or other Agreement.
(f) Contractor shall include the nondiscrimination and c ompliance provisio ns of this Section in all subcontracts.
13. Indemnification & Hold Harmless.
(a) Other than in the performance of professional services by a design professional, which shall be solely as addressed by subsection (b) below, and to the f ull e xtent permitted by law, Contractor shall indemnify, immediately defend (with independent counsel reasonably acceptable to the City) and hol d harmless the City, its Council, boards, commissions, employees, officials
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57 8
and agents ( collectively "Indemnified Parties" or in the singular "Indemnified Party") from and against any claims, losses, damages, penalties, fines and judgments, associated investigation and administrative expenses, and defense costs including but not limited to reasonable attorney’s fees, court costs, exper t witness fees and costs of alternate dispute resolution (collectively "Liabilities“), where sam e aris e out of the performa nce of this Agreement by Contractor, its officers, employees, agents and sub -contractors. The duty to defend is a sep arate and disti nct obligation from the Contractor’s duty to indemnify and Contractor shall be obligated to defend in all legal, equitable, administrative or special proceedings upon tender to the Contractor of any claim in any form or at any stage of an action or proceeding, whether or not liability is established and the obligation extends through final j udgment in cluding exhaustion of any a ppeals.. The Contractor’s obligation to indemnify applies unless it is finally determined that the liability was caused by the sole active negligence or sole willful misconduct o f an indemnified party . If it is finally determined that liability is caused by the comparative active negligence or willful misconduct of an Indemnified Party, the Contractor’s indemnification obligation shall be reduced in proportion to the established comparative liability of the indemnified party.
(b) To the fullest extent permitted by law (including without limitation California Civil Code Sections 2782.8), when the services to be p rovided under this A greement are design professional services to b e performed by a design professional, as that term is defined by said section 2782.8(c)(2) (“Design Professional”) Design Professional shall indemnify, protect and hold harmless any Indemnified Party for all Liabilities regardless of nature or type that a rise out of, pertain to, or relate to the negligence, rec klessness, or willful misconduct of Design Professional, or such acts or omissions of an officer, employee, agent or subcontractor of the Design Professional. Design Professional shall not have an immediate duty to defend an Indemnified Par ty, howeve r, Design Professional’s ob ligation to indemnify (including reimbursing the cost to defend) and hold the Indemnified Parties harmless applies un less it is finally determined that the liability was caused b y the sole active negligence or sole will ful misconduct of an Indemnified Party. If it is finally determined that liability was caused by the comparative active negligence or willful miscon duct of an Indemnifi ed Party the Design Professional’s indemnifica tion obligation shall be reduced in propo rtion to t he est ablished comparative liability. Within 30 days following Design Professional ’s receipt of a properly presented written invoice Design Profession shall reimburse the Indemnified Party for the cost of reasonable attorney’s fees and defense costs incurred by the Indemnified Party to the same extent of Design Professional’s indemnity obligation herein . In no event shall the cost to defend charged to the Design Professional exceed the Design Professional’s proportionate percentage of fault.
(c) The provisions of this Section are not limited by the provisions of sections relating to insurance including provisions of any worker's compensati on ac t or similar ac t. Contractor expressly waives its statutory immunity under such statues or laws as to City, its employees and officials. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in t his section from eac h and every subcontractor, sub tier contractor or any other person or entity involved b y, for, wi th or on behalf of Contract or in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemni ty obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
(d) If any action or proceeding is brought against any Indemnified Party by reason of any of the matters ag ainst which the Contractor has agreed to provide an immediate defense to an y Indemnified Party, as provided abov e, Co ntractor, upon notice from the City, shall defend the
EXHIBIT C
58 9
Indemnified Party at Contractor's expense by independent counsel reasonably acceptable to the City. Unless otherwise provided above, an Indemnified Party need not have first paid for any of the matters to which it is entitled to indemnification in order to be so defended. If it is finally adjudicated that liability for which Contractor has provided an immediate defense was caused by the sole active negligence or sole willful misconduct of an Indemnified Party, Contractor may submit a claim to the City for reimbursement of reasonable attorney’s fees and defense costs.
(e) This obligation to indemnify and defend, as set forth herein, is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or this Section.
14. Insurance.
(a) As a condition preced ent to the effectiveness of this Agre ement and without limiting Contractor's indemnification of the City, Contractor agrees to obtain and maintain in full force and effect at its own expense the insurance policies s et forth in Exhibit “C” “Insurance” attac hed hereto and made a part hereof and as may be required for any Service Order . Contractor shall furnish the City with original certificates of insu rance, manually autographed in ink by a person authorized by that insurer to bind coverage on its behalf, a long with copies of all required endorsements. All certificates and endorsements must be received and approved by the City before any work commences . Al l insurance pol icies shall be subject to approval by the City Attorney and Risk Manager as to form and content. Specifically, such insurance shall: (1) protect City as an additional insured for commercial general and business auto liability; (2) prov ide City at least th irty days written notice of cancellation, mate rial reduction in coverage or reduction i n limits and ten days written notice for non-payment of premium; and (3) be primary with respect to City's insurance program. Contractor's insurance is not expected to respond to claims that may arise from the acts or omissions of the City.
(b) City rese rves the r ight at any time during the term of this Agreement to change the amounts and types of insurance required for any Service Order issued as pr ovided herein by giving Contractor ten days advance written notice of such change.
(c) All required insura nce must b e submitted and approved th e City Attorney and Risk Manager prior to the inception of any operations by Contractor.
(d) The required cover age a nd limits are s ubject to availability on the open market at reasonable cost as determined by the City. Non-availability or non affordabili ty must be documented by a letter from Contractor's insurance broker or agency indicating a good faith effort to place the required insurance and showing as a minimum the names o f the insurance carriers and the declinations or quotations received from each. Within the foregoing constraints, Contractor's failure to procure or maintain required insurance during the e ntire term of this Agreement shall constitute a material breach of this Agreement under which City may immediately su spend or terminate this Agr eement or, at its discretion, procure or renew such insurance to protect City's interests and pay any and all pr emium in connection therewith and recover all monies so paid from Contractor.
(e) By signing this Agreemen t, Contrac tor he reby certifies that i t is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provision of that Code, and that it will comply with such provisions at all such times as they may
EXHIBIT C
59 10
apply during the performance of the work pursuant to thi s Contract. Unless otherwise agreed, a waiver of subrogation in favor of the City is required.
15. Independent Contractor. The parties agree that Contractor, its officers, employees and agents, if any, shall be independent contractors with regard to the providing of services under this Agreement, and that Contractor's employees or agents shall not be considered to be employees or agents of the City for any purpose and will not be entitled to any of the benefits City provides for its employees. City shal l make no deductions for payroll taxes or Social Security from amo unts due Contractor for work or services provided under this Agreement.
16. Claims for Labor and Materials . Contractor shall promptly pay when due all amounts payable for labor and materia ls furnished in the performance of this Agreement, so as to preven t any lien or other claim under any provi sion of la w from arising against any City property (including reports, documents, and other tangible matter produced by the Contractor hereunder), against the Contractor 's rights to payments hereunder, or against th e City, and shall pay all amounts due under the Unemployment Insurance Act with respect to such labor.
17. Discounts. Contractor agrees to offer the City any discount terms that are offer ed to its best custo mers for the goods and services to be provided herein, and apply such discounts to payment made under this Agreement which meet the discount terms.
18. Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any addi tional acts or sign any additional documents a s may be necessary, appropriate or convenient to attain the purposes of this Agreement.
19. Dispute Resolution. If any dispute arises between the parties as to proper interpretation or application of this Agreement, the parties shall first meet and confe r in a good faith attempt to resolve the matter between themselves. If the di spute is not resolved by meeting and conferring, the matter shall be submitted for formal mediation to a mediato r selected mutually by the parties.
The expenses of such mediation shall be shared equally between the par ties. If the dispute is not or cannot be resolved by mediation, the parties may mutually agree (but only as to those issues of the matter not resolv ed by mediation) to submit their dispute to arbitration. Before commencement of the arbitration, the parti es may ele ct to have the arbitration proceed on an informal basis; however, if the parties are unable so to agree, then the arbitration shall be conducted in accordance with the rules of the American Arbitration Ass ociation. The decision of the arbitrator shall be b inding, unless within thirt y days after issuance of the arbitrator’s written decision, any party files an action in court. Venue and juris diction for any such action between the parties shall lie in the Superior Court for the County of Monterey.
20. Compliance with Laws.
(a) E ach party's performance hereunder shall comply with all applicable laws of the United States of America, the Sta te of California and the City including but not limited to laws regarding health and safety, labor and empl oyment, wage and hours and licensing laws which affect employees. This Agreement shall be governed by, enforced and interpreted under the laws of th e Sta te of Californi a. Contractor shall comply with new, amended or revised laws, regulations or procedures that apply to the performance of th is Agreement., those dealing with prevailing wages, apprentices, certified payrolls and hours of work.
(b) Contractor shall conduct all work in strict accordance with applicable regulations and guidelines adopted by the California Department of Public Health (CDPH) and the California
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60 11
Department of Industrial Relations (DIR), Division of Occupational Safety and Health, Safety for the prevention of COVID-19 and the regulations and guidelines for the prevention of COVID - 19 adopted by the County of Monterey and by the City.
(c) Contractor represents that it has obtained and presently holds all permits and l icenses necessary for performance hereunder, including a Business Li cense required by the City's Business Lic ense Ord inance. For the term covered by this Agreement, the Contractor s hall maintain or obtain as necessary, such permits and licenses and shall not allow them to lapse, be revoked or suspended.
(d) This Agreem ent is not intended and shall not be util ized for a public work as that term is used in California Labor Code Section 1720 et seq.
21. Assignment or Transfer . This Agreement or any i nterest herein may not be assigned, hypothecated or transferred, eith er directly or by operation of law, witho ut the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acqui re no right or interest by reason of such att empted assignment, hypothecation or transfer.
22. Notices. All notices required or permitted to be g iven under this Agreement shall be i n writing and s hall be personally delivered, sent by facsimile ("fax") or certified mail, postage prepaid with return receipt requested, addressed as follows:
To City: City Manager
City of Marina City Hall
211 Hillcrest Avenue
Marina, California 93933
Fax: (831) 384-9148
To Contractor: ____________________
____________________
Notice shall be deemed effective on the date personally delivered or transmit ted by facsimile or, if mailed, three days after deposit in the custody of the U.S. Postal Service. A copy of any notice sent as provided herein shall also be delivered to the Project Administrator and Project Manager.
23. Amendments, Changes or Modifica tions. This Agreement and any Servic e Order are not subject to amendment , change or mod ification except by a writing signed by the authorized representatives of City and Contractor.
24. Force Majeure . Notwithstanding any other provisions hereof, neither Contractor nor City shall be held re sponsible or liable for failure to m eet their respective obligations under this Agreement and any Service Order if such failure shall be due to causes beyond Contractor's or the City's control. Such causes include but are not limited to: strike, fire, flood, civil disorder, act of God or of the public ene my, act of the federal government, or any unit of state of local government in either sovereign or cont ractual capacity, epidemic, quarantine restriction, or delay in transportation to the extent that they are not caused by the party's willf ul or negligent acts or omissions, and to the extent that they are beyond the party's reasonable control.
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61 12
25. Attorney's Fees . In the event of any controversy, claim or dispute rela ting to this Agreement, any Service O rder, or the breach thereof, the pre vailing party s hall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs.
26. Successors and Assigns. All of the terms, conditions and provisi ons of this Agreement shall apply to and bind the respective heirs, execu tors, administrators, successors, and assigns of the parties. Nothing in this paragraph is intended to affect the limitation on assignment.
27. Authority to Enter Agreement . Contractor ha s all requisite power and auth ority to conduct its business and to execute, deliver and perform the Agreement and any Service Order .
Each party warrants that the individuals who have signed this Agreement and shall sign Serv ice Orders have the legal power, right and authority to make this Agreement and bind each respective party.
28. Waiver. A waiver of a default of any term of this Agreement or the terms and conditions of any Service Order shall not be construed as a waiver of any succeeding defa ult or as a waiver of the provision itself. A party's performance after the other party's default shall not be construed as a waiver of that default.
29. Severability. Should any portion of this Agreement or any Service Order be determined to be void or unenforceable, such shall be severed from the whole and the Agreement wi ll continue as modified.
30. Construction, References, Captions. Since the parties or their agents have participated fully in the preparatio n of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly fo r or against any party. Any term referencing time, days o r period for performance shall be deemed cale ndar days and not workdays. The captions of the various sections are for convenience and ease of refer ence only, and do not define, limit, augment or describe the scope, content or intent of this Agreement.
31. Advice of Counsel. The parties agree that t hey are aware that they have the right to be advised by counsel with respect to the negotiations, term s and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel wit h respect to this Agreement is a decision which is the sole responsibility of each of the parties hereto. This Agreement shall not be construed in favor or against either party by re ason of the ext ent to which each party participated in the drafting of this Agreement.
32. Counterparts. This Agreement and any Service Ord er may be signed in counterparts, each of which shall constitute an original.
33. Time. Time is of the essence in this contract.
34. Entire Agreement . This Agreement together with the Service Orders to be issued hereunder contains the entire agreement of the parties with respect to the matter s as se t forth in this Agreement, and no other agreement, statement or promise made by or to any party or by or to any employee, officer or agent of any party, which is not contained in this Agreement shall be binding or valid. . The exhibits attached her eto and the Service Orders to be atta ched as part of Exhibit A are incorporated into this Agreement. In the event of a conflict between the terms of this Agreement and any exhibit of Service Order, the terms of this Agreement shall control.
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62 13
IN WITNESS W HEREOF, Contractor and the City by th eir duly authorized representatives, have executed this Agreement, on the date first set forth above, at Mari na, California.
CITY OF MARINA CONTRACTOR
By: ________________________ By: _________________________ Name: Layne P. Long Name:
Its: City Manager Its: ___________________ Date: ________________________ Date: ___________________
Attest:
Per Resolution 2021 - ____
By: ________________________
Anita Shepherd-Sharp
Deputy City Clerk
Approved as to form:
By:
City Attorney
EXHIBIT C
63 EXHIBIT A
GENERAL DESCRIPTION OF SERVICES
[Individual Service Orders to be attached as executed and are incorporated herei n and made a part of this Agreement.]
EXHIBIT C
64 EXHIBIT B
HOURLY RATE AND REIMBURSABLE SCHEDULE
EXHIBIT C
65 6/30/2022
City of Marina Pavement Resurfacing and Rehabilitation Program On-Call Construction Management and Inspection Services Straight OT Double OT
Contract Manager / Project Manager Min. 215.00$ 215.00$ 215.00$ Contract Manager / Project Manager Max. 235.00$ 235.00$ 280.00$ Resident Engineer Min. 185.00$ 185.00$ 185.00$ Resident Engineer Max. 235.00$ 235.00$ 280.00$ Construction Inspector Min. 160.00$ 240.00$ 320.00$ Construction Inspector Max. 210.00$ 315.00$ 420.00$ Storm Water Pollution Prevention (SWPPP) Min. 160.00$ 240.00$ 320.00$ Storm Water Pollution Prevention (SWPPP) Max. 210.00$ 315.00$ 420.00$ Project Controls / Scheduler Min. 190.00$ 285.00$ 380.00$ Project Controls / Scheduler Max. 250.00$ 285.00$ 380.00$ Office Engineer Min. 130.00$ 195.00$ 260.00$ Office Engineer Max. 170.00$ 255.00$ 340.00$ Public Outreach Min. 85.00$ 127.50$ 170.00$ Public Outreach Max. 170.00$ 255.00$ 340.00$ 1) Hourly rates include vehicle, mobile phone, laptop, and camera. 2) Any extensive reproduction or delivery service charges shall be billed at actual. 3) Rates valid until 12/31/2022. Annual rate escalation is 5%. 4) Construction inspection activities are subject to prevailing wage requirements. 5) Per prevailing wage requirements, a shift differential is for any covered work shift beginning after 2PM.
Role Range
2022 Hourly Rates
EXHIBIT C
66 C-1
Exhibit C - Insurance
Contractor agrees to pro vide insurance in accordance with the requireme nts set forth herein. If Contractor uses existing coverage to co mply with these requirements and that coverage does not meet the requirem ents set forth herein, Contractor agrees to amend, supplement or endors e the existing coverage to do so. Contractor s hall furnish the City w ith original certificates of insurance, manually autographed in ink by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the City before any work c ommences. The City res erves its right to require complete, certi fied copies of all required insurance policies at any time. The followin g coverage will be provided by Contractor and maintained on behalf of the City and in accordance with the requirements set forth herein.
Commercial General Liability (primary). Commercial general liability insurance cov ering Contractor's operations (and products where applicable) is required whenever the City is at risk of third party claims which may arise out of Contra ctor's work or presence on City premises.
Contractual liability coverage is a required inclusion in this insurance.
Primary insurance shall be provided on ISO-CGL form No. CG 00 01 11 85 or 88 or on an ISO or ACORD form providing coverage at least as broad as ISO form CG 00 01 10 01 and approved in advance by the City Attorney and Risk Manager. Total li mits shall be no less than one milli on dollars ($1, 000,000) combined single limit per occurrence for all co verages. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall ap ply separately to this Project or th e general aggre gate limit shall be two million dollars ($2,000,000). C ontractor must give written notice to the City of any pending claim, action or lawsuit which has or may diminish the aggregate. If any such claim or lawsuit exists, Contractor shall be required, prior to commencing work under this Agreement, to restore the impaired aggregate or prove it has replacemen t insurance protection to the satisfaction of the City Attorney and Risk Manager.
City, its Council, boards and commissions, officers, em ployees, agents and volunteers shall be added as additional insureds us ing ISO additional insured endorsement form CG 20 10 11 85 or forms CG 20 10 10 01 and CG 20 37 10 01. Coverage shall apply on a primary, non-contributing basis in relation to any othe r insurance or self-insurance, primary or excess, available to the City or any agent of City. Coverage is not expected to respond to the claims which may arise from the acts or omiss ions of the City. Coverage shall not be limited to the vicarious liabili ty or supervisory role of any additional insured. Coverage shall conta in no contractors' limitation endorsement. There shall be no endorsem ent or modification limiting the scope of coverage for liability arising from p ollution, explosion, collapse, under ground property damage or employment-related practices.
Umbrella Liability Insurance. Umbrella liability insurance (over primary) shall apply to bodily injury/property damage, p ersonal injury/advertising injury, contractual liability and completed operations at a m inimum, and shall be in an amount of not less than two m ission dollars ($2,000,000), and include a “dro p down” provision provi ding primary coverage above a maximum $25, 000.00 self -insured retention for lia bility not covered by primary polici es but covered by the umbrella policy. Coverage shall be following form to any underlying coverage.
EXHIBIT C
67 C-2
Coverage shall be provided on a “p ay on behalf” basis, with defense costs pa yable in addition to policy limits. There shall be no cross liability ex clusion and no contractor's limitation endorsement. Policies limits sh all be not less than one million dollars ($1,00 0,000) per occurrence and in the aggregate, above any limits requ ired in the underlying policies shall have starting and ending dates concurrent with the underlying coverage.
Business Auto. Automobile liability insurance is required where vehicles are used in performing the work under this Agreement or where vehicles are driven off-road on City premises, it is not required for simple commu ting unless Cit y is paying mileage. However, compliance with California law requiring auto liability insurance is a contractual requirement.
If automobile insurance is required fo r wor k under this Agreement, primary coverage shall be written on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) o r on an ISO or ACORD form providing coverage at least as broad as CA 0 0 01 10 01 approved by the City Attorney a nd Ri sk Manager. Coverage shall be e ndorsed to stated that the City, its Council, boards and commissions, officers, employees, agents and volun teers shall be added as additional insureds wit h respect to the owners hip, operation, maintenance, use, loading or unloading of any auto owned, lease d, hired or borrowed by the Contract or or for which the Contractor is responsible. Limits shall be no less than one million dollars ($1,000,000) combined single limit per accid ent for bodily injury and property damage. Starting and ending dates shall be concurrent. If Contractor owns no a utos, a non -owned auto endorsement to the commercial general liability policy described above is acceptable.
Workers’ Compensation/Employers’ Liability. Workers' Compensation and Em ployer's Liability insurance are not required for single-person contractors. However, under California law these coverages (or a copy of the St ate's Consent to Self -Insure) must be provided if Contractor has any employees at any time during the period of this Agreement. Policy(s) shall be written on a policy form providing wo rkers’ compensa tion statutory benefits as required by law.
Employers’ liability limits shall be no less than one mill ion dollars ($1,000,000) per accident or disease and shall be sch eduled under any umbrella policy desc ribed above. Unless otherwise agreed, policy(s) sh all be endorsed to waive any right of subrogation as res pects the City, its Council, boards and commissions, officers, employees, agents and volunteers.
Property Insurance. Property insurance, in a form a nd amount approved by the City Attor ney and Risk Ma nager, is required for Contractors having exclusive use of premises or equipment owned or controlled by the City. City is to be named a Loss Payee As Its Interest May Appear in property insurance in which the City has an interest, e.g., as a lien holder. Fire damage legal liability is required for persons occupying a portion of City premises.
Errors and Omissions/Professional Liability. Errors and Omissions or p rofessional liability coverage approp riate to Contractor's profession, in a form and amo unt approved by the City Attorney and Risk Manager, will be specified on a Service Order-specific basis if Contractor is working as a licensed professional. Contractor shall maintain such insurance for a period of five years following completion of work or services. Such insurance shall be in an amount of not less than one million dollars ($1,000,000) per claim and in annual ag gregate. Contractor shall maintain such i nsurance in place for a period of fiv e years following completion of work or services provided under this Agreement. Such continuation coverage may be provided by one of the following: (1) r enewal of the existing policy; (2) an extended reporting period e ndorsement; or (3) replacement insura nce with a retroactive date no later than commencement of the work or services under this Agreement.
EXHIBIT C
68 C-3
Contractor and City further agree as follows:
a) This Exhibit supersed es all other sections and provisions of th is Ag reement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit.
b) Nothing contained in this Exhibit is to be construed as affectin g or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Exhibit are intended to be separate and di stinct from any other provision in this Agreement and sh all be interpreted as such.
c) All insurance coverage and limits pro vided pursuant to this Agreement shall app ly to the full extent of the policies involved, available or applicable. Nothing contai ned in this Agreement or any other agreement relating to the City or its operations limits the applicat ion of such insurance coverage.
d) Requirements of specific cov erage features or limits contained in this Exhibit are not intended as a limitation on c overage, limits or other requirements, or a waiver of an y coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes o f cla rification only and is not inten ded by any party to be all inclusive , or to the exclusion of other coverage, or a waiver of any type.
e) For purposes of insurance coverage only, this A greement will be deemed to have been executed immediately upon an y par ty hereto taking any steps that can be deemed to be in furtherance of or toward performance of this Agreement.
f) All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the perform ance of this Agreement, shall not pro hibit Contractor, Contractor’s emplo yees, or agents from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against the City.
g) Unless otherwise approved by City, Contractor’s insurance shall be written by insurers authorized and admitted to do business in the State of California with a minimum “Best’s” Insurance Guide Rating of “A:VII.” Self -insurance will not be considered to comply with these insurance specifications.
h) In the event any policy of insurance required under this Agreem ent does not co mply with these requirements or is canceled and not repl aced, City has the right but not the duty to obtain the insurance it d eems necessary and any premium paid by Cit y wil l be promptly reimbursed by Contractor.
i) Contractor agrees to pr ovide evidence of the insurance required herein, satisfactory to City Attorney and Risk Manager, consisting of certifi cate(s) of insurance ev idencing all of the coverages required and an additional endorsement to Contrac tor’s general liability and umbrella liability policies using ISO form CG 20 10 11 85. Certificate(s) are t o reflect that the insurer will provide at leas t thirty days written n otice of cancellation, material reduction in co verage or reduction in limits and ten days written notice for non-payment of premium. Contractor agrees to require its insurer to modify s uch certificates to delete any exculpatory word ing stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete
EXHIBIT C
69 C-4
the word “endeavor” with regard to any notice provisions. Contractor agrees to provide complete copies of policies to City within ten days of City's request for said copies.
j) Contractor shall provide proof that policies of insurance requ ired herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at l east two weeks prior to the expiration of the coverages.
k) Any actual or all eged failure on the part of the City or any other a dditional insured under these requirements to obtain pro of of insurance required under this Agreement i n no way waives any right or remedy of City or any additional insured, in this or any other regard.
l) Contractor agrees to require all subcontractors or other parties hired for this Project to provide worke rs' compensation insurance as required herein a nd general liability in surance naming as additional insureds all parties to this Agreement. Contracto r agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such co verage is provided as required here. Contracto r agrees to require tha t no contract used by any subcontractor, o r con tracts Contractor enters into on behalf of City, will reserve the ri ght to charge b ack to City the cost of insurance required by this Agree ment. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor co ntracts with on behalf of City, will be submitted to City for review. Co ntractor acknow ledges that such contracts or agreements may require modification if the insurance requirements do not reflect the requirements herein. Failure of City to request copie s of such agreements will not impose any liability on City, its Council, boards and commissions, officers, employees, agents and volunteers.
m) If Contractor is a Limited Liability Company, general liability cove rage must be amended so that the Limited L iability Company and its Managers, Af filiates, employees, agents and other persons necessary or incidental to its operation are insureds.
n) C ontractor agrees to provide immediate notice to City of any claim or l oss against Contractor that includes City as a defendant. City assumes no obli gation or liability by such notice, but has the right (but not the duty) to monitor the handling of any suc h claim or claims if they are likely to involve the City.
o) Coverage will not be limited to the specific loca tion or individual entity designated as the address of the Project. Cont ractor agrees t o have its coverage endorsed so that all coverage limits required pursuant to this requirement are available separately for each and every location at which Contractor conducts operations of any type on be half of City. Contractor warrants t hat these limit s will not be reduced or exhausted except for losses att ributable to those specific locations and not by losses attributable to any other operations of Contractor.
p) Contractor agrees not to attempt to avoid its defense and indemnity obligations to City, its Council, boards and commissions, officers, employe es, agents and volunteers by using as a defense Contractor's statutory immunity under workers' compensation or similar statutes.
r) Contractor agree s to ensure that coverage provided t o meet these re quirements is applicable separately to each insured and that there will be no cross liability exclusion s that preclude coverage for suits between Contractor and City or between City and any other insured or Named Insured under the policy, or between City a nd any party associated with City or its employees.
EXHIBIT C
70 C-5
s) Contractor shall maintain commercial general liability, and if neces sary, commercial umbrella liability insura nce, with a limit of not less than two million dollars ($ 2,000,000) each occurrence for at least three years following substantial completion of the work.
u) City reserves the right to modif y the insurance require ments set forth herein in accordance with the terms of any specific Service Order issued as provided by the Agreement.
EXHIBIT C
71 June 21, 2022 Item No. 9a
Members of the Marina City Council Meeting
City Council of July 6, 2022
THE CITY COUNCIL CONSIDER READING BY TITLE ONLY AND APPROVE THE FIRST READING OF ORDINANCE 2022 -, AMENDING MUNICIPAL CODE TITLE 17 TO ADD SECTION 17.45 PERTAINING TOREASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES; AND
THE CITY COUNCIL CONSIDER READING BY TITLE ONLY AND APPROVE THE FIRST READING OF ORDINANCE 2022 -, AMENDING MUNICIPAL CODE TITLE 17 TO ADD SECTION 17. 49 PERTAINING TO LOW-BARRIER NAVIGATION CENTERS.
REQUEST: It is requested that the Marina City Council:
(1) Open public hearing , taking testimony from the public and consider r eading by title only and waive further reading and approve Ordinance 2022-, approving Amendments to Title 17 of the Municipal Code by adding Sections 17.45; and (2) Ordinance 2022 - 17.49 pertaining to Reasonable Accommodation for Persons with Disabilities and Low-Barrier Navigation Centers, respectively.
SUMMARY:
On June 9, 2022, the Planning C ommission adopted Resolution 2022-08 (“EXHIBIT C ”) recommending that the Council consider adopting the proposed amend ments to Tit le 17 in an effort bring the City ’s Municipal Code into compliance with current California housing la w.
Furthermore, the implementation of the Reasonable Accommodations ordinance will meet one of the requirements of the 5th Cycle Housing Element, explained further below.
BACKGROUND:
Reasonable Accommodation for Persons with Disabilities
This ordinance allows for exceptions to certain building code, land use , and zoning rules as they pertain to housing and the reasonable accommodation of persons with disabilities to access such housing. According to the U.S Department of Housing & Urban Development (HUD), any change in the way things are customarily done that enables a person wi th disabilities to enjoy housing opportunities or to meet program requirements is a reasonable accommodation. In other words, reasonable accommodations eliminate bar riers that preven t persons wit h disabilities from fully participating in housing opportunit ies, including both private housing and in federally-assisted programs or activities . An example that we would see within the City of Marina would be an allowance fo r the construction of a wh eelchair ramp within the front yard setback to a llow easier acces s to the home or apartment for a disabled occupant. Minor improvements like this are typically temporary in nature and do not represent a public health an d safety issue or an environmental impact.
The r equirement of a municipality to provide reasonable a ccommodation for persons with disabilities is an important part of California’s “Fair Housing Amendments Act of 1988 ” (42 U.S.C. § 3601 et seq.) and was adopted as Program 8.1: Special Needs Housing by the City of Marina in its 5th Cycle Housing Element. By adopting this ordi nance, the City w ill be compliant with State law and will be i mplementing one more of the p olicies of its current Housing Element, which is part of the compliance framework overseen by the State Housing & Community Development Dept. (HCD). Although the Ci ty is behind on it s implementation of the policies and programs of the 5 th Cycle Housing Ele ment, changes such as this to the City ’s 1 Municipal Code will convey to the HCD that the City is maki ng a good faith effort toward compliance.
Low-Barrier Navigation Centers
In 2019, the State legislature adopted Assembly Bill (AB) 101 creating a path for local jurisdictions to allow Low-Barrier Navigation Centers by right in certain zoning districts. This legislation is intended to provide a service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. By including this legislation in the City’s Municipal Code, the City will be in compliance with State regulations intended to lessen the effects of the current critical housing shortage throughout California. It is likely that this item will be addressed further in the upcoming 6th Cycle Housing Element which will be underway soon. A LBNC fact sheet is included here (“EXHIBIT D”) for additional information.
The adoption of these Housing First (see “EXHIBIT E”) measures will help the City meet both its Housing Element implementation mandates and its legal obligations toward compliance with current State law.
FISCAL IMPACT:
The adoption of these ordinances will have no impact on the City’s General Fund.
ENVIRONMENTAL REVIEW:
The prop osed amendments are not subject to Ca lifornia Environ mental Quality Act (CEQA) pursuant to the Stat e CEQA Guidelines, California Code of Regula tions, Title 14, Chapter 3, Sections: 15060(c)(2), because the proposed ordi nance will not result in a direct or reasonably foreseeable indirect physical change in the environment; and 15061(b)(3), because the pr oposed ordinance is covered by the general r ule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
CONCLUSION:
This request is submitted for City Council consideration and comment.
Respectfully submitted,
Alyson Hunter, AICP
Sr. Planner, Community Development Dept.
City of Marina
REVIEWED/CONCUR:
_____________________________
Guido F. Persicone, AICP
Director, Community Development Dept.
City of Marina
_____________________________
Layne Long
City Manage
City of Marina
2 Attachment A – Draft Ordinance No. 2022- Reasonable Accommodation for Persons with Disabilities
Attachment B – Draft Ordinance No. 2022- Low-Barrier Navigation Centers Attachment C – Adopted PC Resolution 2022-08
Attachment D – HCD’s LBNC Fact Sheet
Attachment E – HCD’s Housing First Fact Sheet
3 DRAFT
ORDINANCE NO. 2022-__
AN ORDINANCE AMENDING CHAPTER 17, ARTICLE 4, BY ADDING A NEW SECTION 17.45, “REASONABLE ACCOMMODATIONS FOR
PERSONS WITH DISABILITIES”, TO THE MARINA MUNICIPAL CODE -oOo-
THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY ORDAIN AS FOLLOWS:
1. To follow the Fair Employment and Housing Act (Cal. Gov. Code § 12900 et seq.) and t o implement Program 8.1 of the City ’s Housing Element , the City shall adopt an ordinance that provides a procedure to request reasonable accommodation for persons w ith disabilities seeking equal access to housing under the Fair Housing Laws in the application of zoning laws, building codes, and other land use regulations, policies and procedures.
2. An amendment to the City of Marina’s Municipal Code is needed to ensur e compliance with State law.
3. Chapter 17, Article 4. Chapter 17, Article 4, entitled “Regulations and Standards Applicable to All Zones ” is hereby amended by addi ng a new Section, Sec tion 17.45 “Reasonable Accommodations for Person s with Disabiliti es”, to the Municipal Code to re ad as set forth on the attached Exhibit “A,” and incorporated herein by this reference thereto.
4. Environmental. In acc ordance with the California Environmental Quality Act (CEQA), staff finds that this ordinance is not s ubject to Calif ornia Environmental Quality Act (CEQA) pursuant to the Stat e CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Sections : 15060(c)(2), because the proposed ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; and 15061(b)(3), because the proposed ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the env ironment. Therefore, the adoption of
EXHIBIT A
4 this ordinance is exempt from CEQA and no further environmental review is necessary.
5. Effective Date. This Ordinance shall be in full force and effect on thirty (30) days after its final passage and adoption.
6. Severability. If a ny portion of t his Ordinance is found to be unconstitutional or invalid the City Council hereby declares that it would have enact ed the re mainder of this Ordinance regardless of the absence of any such invalid part.
7. Posting of Ordinance . W ithin fifteen ( 15) days afte r the passage of this Ordinance, the City Clerk shall cause it to be poste d in the three (3) public p laces designated by resolution of the City Council.
The foregoing Ordinance was introduced at a regular meeting of the City Co uncil of the City of Marina duly held on July 6, 2022, and was passed and adopted at a regular mee ting duly held on ________________, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Bruce C. Delgado, Mayor
ATTEST:
__________________________
Anita Sharp, Deputy City Clerk
5 DRAFT
Exhibit “A”
Chapter 17.45
REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES
Sections:
17.45.010 Purpose and applicability.
17.45.020 Application submittal.
17.45.030 Review authority.
17.45.040 Findings.
17.45.050 Decision.
17.45.060 Appeals.
17.45.070 Waiver of time periods.
17.45.080 Notice of public availability of accommodation process.
17.45.090 Expiration, time extension, violation, discontinuance, and revocation.
17.45.110 Amendments.
17.45.010 Purpose and applicability.
A. This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Fair Housing Laws in the application of zoning laws, building codes, and other land use regulations, policies and procedures. Fair Housing Laws means “Fair Housing Amendments Act of 1988” (42 U.S.C. § 3601 et seq.), including reasonable accommodation required by 42 U.S.C. § 3604(f)(3)(B), and the “California Fair Employment and Housing Act” (California Government Code Section 12900 et seq.), including reasonable accommodation required specifically by California Government Code Sections 12927(c)(1) and 12955(l), as any of these statutory provisions now exist or may be amended from time to time.
B. A request for reasonable accommodation may be made by any person with a disability, his/her representative, or any business or property owner when the application of a zoning law, building code provision or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment, as those terms are defined in the Fair Housing Laws.
C. A request for reasonable accommodation may include a request for modification or exception to the rules, standards and practices for the siting, development and use of housing or housing related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.
Requests for reasonable accommodation shall be made in the manner prescribed by this chapter.
D. It is the intent of this chapter that, notwithstanding time limits provided to perform specific functions, application review, decision making and appeals proceed expeditiously, especially where the request is time sensitive, so as to reduce impediments to equal access to housing.
6 17.45.020 Application submittal.
A. Any person with a disability, or his or her representative, may request reasonable accommodation on a form supplied by the community and economic development department. The request shall include the following information, and be accompanied by a fee established by resolution of the city council:
1. The applicant’s or representative’s name, mailing address and daytime phone number.
2. The address of the property for which the request is being made.
3. The specific code section, regulation, procedure or policy of the city from which relief is sought.
4. A site plan or illustrative drawing showing the proposed accommodation.
5. An explanation of why the specified code section, regulation, procedure or policy is preventing, or will prevent, the applicant’s use and enjoyment of the subject property.
6. The basis for the claim that Fair Housing Laws apply to the individual(s) and evidence satisfactory to the city supporting the claim. Evidence may include a letter from a medical doctor or other licensed health care professional, a disabled license, or any other relevant evidence.
7. A detailed explanation as to why the accommodation is reasonable and necessary to afford the applicant an equal opportunity to use and enjoy a dwelling in the city.
8. Verification by the applicant that the property is the primary residence of the person(s) for whom reasonable accommodation is requested.
9. Other information required by the city to make the findings required by subsection (17.47.040) of this section consistent with the Fair Housing Laws.
B. A request for reasonable accommodation may be filed at any time the accommodation may be necessary to ensure equal access to housing. If the project for which the request for reasonable accommodation is being made also requires discretionary approval, the applicant shall provide required submittal information to the city together with the application for discretionary approval and shall pay all applicable fees. These materials shall enable the city to concurrently review the accommodation request and the discretionary approval request. Processing procedures for the discretionary approval request shall govern joint processing of both the reasonable accommodation and the discretionary permit.
C. Reasonable accommodation does not affect or negate an individual’s obligations to comply with other applicable regulations not at issue or related to the requested accommodation.
D. If an individual needs assistance in making the request for reasonable accommodation, the city shall provide assistance to ensure the process is accessible.
7 DRAFT
E. Should the request for reasonable accommodation be made concurrently with a discretionary permit, the fee for a reasonable accommodation application may be waived; provided, that the prescribed fee shall be paid for all other discretionary permits.
17.45.030 Review authority.
A. Applications for reasonable accommodation shall be reviewed by the community and economic development director (director) when no approval is sought other than the request for reasonable accommodation.
B. Applications for reasonable accommodation submitted for concurrent review with any discretionary land use application shall be reviewed by the authority governing the discretionary land use application.
17.45.040 Findings. The review authority shall approve the request for a reasonable accommodation if, based upon all of the evidence presented, the following findings can be made:
A. The housing, which is the subject of the request for reasonable accommodation, will be occupied by an individual with disabilities protected under Fair Housing Laws.
B. The requested accommodation is reasonable and necessary to make housing available to an individual with disabilities protected under the Fair Housing Laws.
C. The requested accommodation will not impose an undue financial or administrative burden on the city, as defined in the Fair Housing Laws and interpretive case law.
D. The requested accommodation will not require fundamental alteration or frustrate application of the city’s zoning or building laws, policies and/or procedures, as defined in the Fair Housing Laws and interpretive case law. The city may consider, but is not limited to, the following factors to determine whether the requested accommodation would fundamentally alter or frustrate application of the city’s zoning or building program:
1. Whether granting the accommodation would fundamentally alter the character of the neighborhood.
2. Whether granting the accommodation would result in a substantial increase in traffic or insufficient parking.
3. Whether granting the accommodation would substantially undermine any express purpose of either the city’s general plan or an applicable specific plan.
17.45.050 Decision.
A. The review authority shall consider the application, and issue a written determination within 40 calendar days of the date of receipt of a completed application. At least 10 calendar days before issuing a written determination on the application, the city shall 8 mail notice to the applicant and adjacent property owners that the city is considering the application and invite written comments as to the requested accommodation.
B. If necessary to reach a determination on any request for reasonable accommodation, the review authority may request further information from the applicant or others consistent with this chapter, specifying in detail what information is required. If a request for further information is made of the applicant, the time period to issue a written determination shall be stayed until the applicant responds to the request.
C. The review authority’s written decision shall include findings and conditions of approval. The applicant shall be given notice of the right to appeal, and the right to request reasonable accommodation related to the appeal process. The review authority’s decision shall be mailed to the applicant, to any person who provided written or verbal comment on the application, and to any other person who requests notice.
D. Any approved reasonable accommodation shall be subject to any conditions imposed on the approval consistent with the purposes of this section.
E. The review authority may approve alternative accommodations that provide equivalent and reasonable levels of benefit to the applicant.
F. The written decision of the reviewing authority shall be final, unless appealed as set forth below.
G. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property subject to the request shall remain in full force and effect.
H. Where improvements or modifications approved through a reasonable accommodation would generally require a variance, a variance shall not be required.
17.45.060 Appeals.
A. Any decision on a reasonable accommodation request may be appealed to the city council, which appeal must be received by the city within 10 calendar days of the issuance of a written decision.
B. The appeal shall be in writing and shall include a statement of the grounds for appeal, and be accompanied by a fee established by resolution of the city council. If an individual needs assistance in filing an appeal, the city shall provide assistance to ensure the appeals process is accessible.
C. The city council shall hear the matter de novo, and shall render a determination as soon as reasonably practicable, but in no event later than 60 calendar days after an appeal has been filed. All determinations shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.
D. The city shall provide notice of an appeal hearing to the applicant, adjacent property owners, and any other person requesting notification at least 10 calendar days prior to the hearing. The council shall announce its findings within 40 calendar days of the hearing, unless good cause exists for an extension. The decision shall be mailed to 9 DRAFT
the applicant and to any other person who requests notice at the time of the hearing.
The council’s action shall be final.
17.45.070 Waiver of time periods. Notwithstanding any provisions in this chapter regarding the occurrence of any action within a specified period of time, an applicant may request additional time beyond that provided for in this chapter or may request a continuance regarding any decision or consideration by the city of a pending appeal. The city may, in its sole discretion, grant or deny any such request for extension or continuance. The granting of an extension of time or continuance shall not be deemed delay on the part of the city, shall not constitute failure by the city to provide prompt decisions on applications and shall not be a violation of any required time period set forth in this chapter.
17.45.080 Notice to the Public of Availability of Accommodation Process. The city shall prominently display in the public areas of the community and economic development department at City Hall a notice advising those with disabilities or their representatives that reasonable accommodations are available in accord with this chapter. City employees shall direct individuals to the display whenever requested to do so or if they reasonably believe individuals with disabilities or their representatives may be entitled to reasonable accommodation.
17.45.090 Expiration, Time Extension, Violation, Discontinuance, and Revocation.
A. Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless:
1. A building permit has been issued and construction has commenced;
2. A certificate of occupancy has been issued;
3. The use is established; or
4. A time extension has been granted.
B. The director may approve a time extension for reasonable accommodation for good cause for a period or periods not to exceed three years. Application for a time extension shall be made in writing to the community and economic development department no less than 30 days or more than 90 days prior to the expiration date.
C. Notice of the director’s decision on a time extension shall be mailed to the applicant.
D. Any reasonable accommodation approved in accordance with the terms of this chapter may be revoked if any condition or term of the reasonable accommodation is violated, or if any law or ordinance is violated in connection therewith. Notice of revocation shall be mailed to the applicant and to the owner of any property affected by the accommodation. Upon revocation, the director may require any physical alteration associated with the reasonable accommodation to be removed or substantially conform to the code, as may be reasonably feasible.
E. An accommodation is granted only to an individual. The accommodation shall not run with the land unless the director expressly finds the modification is physically 10 integrated on the property and cannot feasibly be removed or altered. Any change in use or circumstances that negates the basis for the grant of approval may render the reasonable accommodation null and void and/or revocable by the city. Thereafter the director may require the reasonable accommodation to be removed or substantially conformed to the code if reasonably feasible.
17.45.110 Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that affects a condition of approval shall be treated as a new application and shall be processed in accordance with the requirements of this chapter.
The director may waive the requirement for a new application and approve the changes if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval.
11 DRAFT
ORDINANCE NO. 2022-__
AN ORDINANCE AMENDING CHAPTER 17, ARTICLE 5, BY ADDING A NEW SECTION
17.49, “LOW-BARRIER NAVIGATION CENTER”, TO THE MARINA MUNICIPAL CODE -oOo-
THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY ORDAIN AS FOLLOWS:
1. In 2019, the State legislature adopted Assembly Bill (AB) 101 creating a path for local jurisdictions to allow L ow-Barrier Navigation Centers by right in certain zoning districts.
This legislation is intended to provide for a service-enriched shelter focused on moving peopl e into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. This legislation is codified in Ca. Gov. Code §§65660 – 65668.
2. An amendment to the City of Marina’s Municipal Code is needed to ensure compliance with State law.
3. Chapter 17, Ar ticle 5 . Chapter 17, Article 5, entitled “Regulations for Specific Land Uses” is hereby amended by adding a new Section, Section 17.49 “Low-Barrier Navigation Center”, to the Municipal Code to read as set forth on the attached Exhibit “A,” and incorporated herein by this reference thereto.
4. Environmental. In acc ordance with the California Environmental Quality Act (CEQA), staff finds that this ordinance is not subject to Calif ornia Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Sections : 15060(c)(2), because the proposed ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; 15061(b)(3), because the proposed ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the en vironment. Therefore, the adoption of this ordinance is exempt from CEQA and no further environmental review is necessary.
EXHIBIT B
12 5. Effective Date. This Ordinance shall be in full force and effect on thirty (30) days after its final passage and adoption.
6. Severability. If a ny portion of this Ordinance is found to be unconstitutional or invalid the City Council hereby declares that it would have enact ed the re mainder of this Ordinance regardless of the absence of any such invalid part.
7. Posting of Ordinance . W ithin fifteen ( 15) days after the passage of this Ordinance, the City Clerk shall cause it to be posted in the three (3) public p laces designated by resolution of the City Council.
The foregoing Ordinance was introduced at a regular meeting of the Cit y Council of the City of Marina duly held on __________, 2022, and was passed and adopted at a regular meeting duly held on ________________, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Bruce C. Delgado, Mayor
ATTEST:
______________________
Anita Sharp, Deputy City Clerk
13 DRAFT
Exhibit “A”
Chapter 17.49
LOW-BARRIER NAVIGATION CENTER
Sections:
17.49.010 Purpose and intent.
17.49.020 Definition.
17.49.030 Applicability.
17.49.040 Permit required.
17.49.050 Development and Operational Standards.
17.49.010 Purpose and intent.
The purpose of this chapter is to establish development standards for low-barrier navigation centers (LBNC) and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660.
17.49.020 Definitions.
1. “Low-Barrier Navigation Center” (LBNC) is a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
A. The presence of partners if it is not a population -specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
B. Pets.
C. The storage of possessions.
D. Privacy, such as partitions around beds in a dormitory set ting or in larger rooms containing more than two beds, or private rooms.
2. “Use, by right” has the meaning defined in subdivision (i) of Section 65583.2. Division 13 (commencing with Section 21000) of the California Public Resources Code shall not apply to actions taken by a public agency to lease, convey, or encumber land owned by a public agency, or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a Low-Barrier Navigation Center constructed or allowed by this section.
17.49.030 Applicability.
The provisions of this chapter shall apply to all low-barrier navigation center projects proposed in mixed- use and nonresidential zoning districts that allow multi-family uses (C-R, C-1, and C-2).
17.49.040 Permit required.
Zoning clearance approval is required prior to establishment of any LBNC project meeting the criteria in Sec. 17.49.050. The permit shall be a ministerial action without discretionary review or a hearing. The City shall notify a developer whether the developer’s application is complete within 30 days, pursuant to 14 California Government Code Section 65943. Action shall be taken within 60 days of a complete application being filed.
17.49.050 Development and Operational Standards.
A low -barrier navigation center development is a use by -right in areas zoned fo r mi xed-use and nonresidential zones permitting multifamily uses, if it meets the following requirements:
A. Connected Servic es. It offers service s to connect people to permanent housing through a services plan that identifies services staffing.
B. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co -locate in the facility may con duct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a ce ntralized o r coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicabl e, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
C. Code Compliant. It complies with Chapter 6.5 (commen cing with Section 825 5) of Division 8 of the Welfare and Institutions Code.
D. Homeless Management Information System . It has a system fo r entering information regarding client stays, client demographics, client income, and exit destination through the loca l Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
15 PLANNING COMMISSION RESOLUTION NO. 2022-08
THE
PLANNING COMMISSION OF THE CITY OF MARINA RECOMMENDS
CITY COUNCIL ADOPTION OF AMENDMENTS TO TITLE 17 OF THE MARINA MUNICIPAL CODE ADDING SECTIONS 17.45 AND 17.49 FOR
REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES AND LOW-BARRIER NAVIGATION CENTERS, RESPECTIVELY.
WHEREAS, the State legislature of the State of California adopted the Fair Housing Amendments Act of 1988 which includes procedures for persons with disabilities to request equal access to housing under the State’s Fair Housing Laws in the application of zoning laws, building codes, and other land use regulations, policies, and procedures; and WHEREAS, the provision of these policies and procedures has come to be known as “Reasonable Accommodation for Persons with Disabilities”; and
WHEREAS, Assembly Bill (AB) 101 was adopted by the State legislature to provide for a service- enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing; and
WHEREAS, the addition of these two (2) ordinances to Title 17, Articles 4 and 5, will further the City’s regulatory framework toward compliance with current State housing laws and implement Program 8.1:
Special Needs Housing, of the current Housing Element; and WHEREAS, the Planning Commission reviewed the policy at a duly noticed public hearing on June 9, 2022; and
WHEREAS, the Planning Commission finds and determines, in accordance with the California Environmental Quality Act (CEQA), that the proposed amendments are not subject to California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Sections: 15060(c)(2), because the proposed ordinance(s) will not result in a direct or reasonably foreseeable indirect physical change in the environment; and 15061(b)(3), be
cause the proposed ordinance(s) are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of Marina that does hereby:
1. Adopting Resolution No. 2022-08, recommending that the City Council adopt ordinances amending Title 17 of the Marina Municipal Code to add Sections 17.45 and 17.49 addressing Reasonable Accommodation for Persons with Disabilities and Low-Barrier Navigation Centers, respectively, and as set forth on the attached Exhibits “A” and “B”; and
2. Find that the action is exempt from CEQA pursuant to Sections 15060(c)(2) and 15061(b)(3) of the CEQA Guidelines.
PASSED AND ADOPTED by the Planning Commission of the City of Marina at a regular meeting duly held on the 9th day of June, 2022, by the following vote:
EXHIBIT C
16 AYES: WALTON, AMADEO, McCARTHY, ST. JOHN, WOODSON, HUR NOES: NONE
ABSENT: RANA
ABSTAIN: NONE
_________________________
Nancy Amadeo, Chair
ATTEST:
______________________________
Guido F. Persicone, AICP
Director, Community Development Dept.
17 California Department of Housing and Community Development Low Barrier Navigation Center By Right Processing
Government Code Sections 65660, 65664, and 65666
(AB 101, Chapter 159, Statutes of 2019)
Fa
ct Sheet
Introduction
AB 101 requires a Low Barrier Navigation Center (LBNC) be a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses if it meets specified requirements, including:
• Access to permanent housing.
• Use of a coordinated entry system (i.e. Homeless Management Information System). • Use of Housing First according to Welfare and Institutions Code section 8255. (Gov.
Code, § 65662.)
A LBNC is defined as a Housing First, low barrier, temporary, service-enriched shelter focused on helping homeless individuals and families to quickly obtain permanent housing. Low barrier includes best practices to reduce barriers to entry, such as allowing partners, pets, storage of personal items, and privacy. (Gov. Code, § 65660.).
Highlights
• LBNC shall be a use by right as defined
by Government Code section 65583.2,
subdivision (i).
• A local government is required to notify
the developer whether the application is
complete within 30 days of receipt of an
application.
• Within 60 days of receipt of a completed
application, the local jurisdiction shall act
upon its review of the application.
• New provisions under AB 101 are in addition to current housing element law regarding planning and approval for emergency shelters and transitional and by right permanent supportive housing.
• This law applies to all cities and counties, including charter cities and counties.
Additional Resources
For the full text and requirements of AB 101 - Low Barrier Navigation Center, visit California’s legislative information website at http://leginfo.legislature.ca.gov/. If you have any questions or would like additional information or technical assistance, please email Divya Ram at [email protected].
Excerpt from Government Code
Section 65583.2(i)
“use by right” shall mean that the local
government’s review of the owner-occupied
or multifamily residential use may not require
a conditional use permit, planned unit
development permit, or other discretionary
local government review or approval that
would constitute a “project” for purposes of
Division 13 (commencing with Section
21000) of the Public Resources Code
EXHIBIT D
18 HOUSING FIRST
WHAT IS “HOUSING FIRST”?
Housing First is an approach to serving people experiencing homelessness that recognizes a homeless person must f
irst be able to access a decent, safe place to live, that does not limit length of stay (permanent housing), before stabilizing, improving health, reducing harmful behaviors, or increasing income. Under the Housing First approach, anyone experiencing homelessness should be connected to a permanent home as quickly as possible, and programs should remove barriers to accessing the housing, like requirements for sobriety or absence of criminal history. It is based on the “hierarchy of need:” people must access basic necessities—like a safe place to live and food to eat — before being able to achieve quality of life or pursue personal goals. Finally, Housing First values choice not only in where to live, but whether to participate in services. For this reason, tenants are not required to participate in services to access or retain housing.
WHAT TYPE OF HOUSING IS CONSIDERED “HOUSING FIRST”?
Programs using Housing First generally fall into two categories:
• Supportive housing, which is an apartment made affordable through long-term rental assistance, paire
d with intensive services promoting housing stability.
• Rapid re-housing, which connects a family or individual to an apartment affordable through short- to med
ium-term rental assistance, along with moderate services designed to allow that household to increase their income sufficiently to be able to afford the apartment over the long-term.
While Housing First recognizes housing is a necessary precursor to treatment, Housing First does not mean “housing
only.” On the contrary, Housing First acknowledges social services and care coordination are necessary elements of housing stability and quality of life.
CORE COMPONENTS OF HOUSING FIRST UNDER CALIFORNIA LAW
In 2016, the California Legislature passed Senate Bill 1380 (Mitchell). It required all housing programs to adopt the Housing First model.1 The Legislation defined Housing First with these “core components”:
• Tenant screening and selection practices promote accepting applicants regardless of their sobriety or use of
substances, completion of treatment, or participation in services. • Applicants are not rejected on the basis of poor credit or financial history, poor or lack of rental histo
ry, criminal convictions unrelated to tenancy, or behaviors that indicate a lack of "housing readiness."
1 Codified as California Welfare & Institutions Code § 8255.
EXHIBIT E
19 • Housing providers accept referrals directly from shelters, street outreach, drop-in centers, and ot
her parts of crisis response systems frequented by vulnerable people experiencing homelessness. • Supportive services emphasize engagement and problem solving over therapeutic goals and service pla
ns that are highly tenant-driven without predetermined goals. • Participation in services or program compliance is not a condition of housing tenancy. • Tenants have a lease and all the rights and responsibilities of tenancy. • The use of alcohol or drugs in and of itself, without other lease violations, is not a reason for ev
iction.
• Funding promotes tenant selection plans for supportive housing that prioritize eligible tenants bas
ed on criteria other than "first-come-first-serve," including, but not limited to, the duration or chronicity of homelessness, vulnerability to early mortality, or high utilization of crisis services. • Case managers and service coordinators are trained in and actively employ evidence-based pra
ctices for engagement, including motivational interviewing and client-centered counseling. • Services are informed by a harm-reduction philosophy that recognizes drug and alcohol use and addi
ction as a part of tenants' lives, where tenants are engaged in nonjudgmental communication regarding drug and alcohol use, and where tenants are offered education regarding how to avoid risky behaviors and engage in safer practices, as well as connected to evidence-based treatment if the tenant so chooses.
• The project and specific apartment may include special physical features that accommodate dis
abilities, reduce harm, and promote health and community and independence among tenants.
EVIDENCE BASIS
The federal and State government recognize Housing First as an evidence-based practice. In fact, a settled and growing body of evidence demonstrates—
• Tenants accessing Housing First programs are able to move into housing faster than programs off
ering a more traditional approach.2
• Tenants using Housing First programs stay housed longer and more stably than other programs.3 • Over 90% of tenants accessing Housing First programs are able to retain housing stability.4 • In general, tenants using Housing First programs access services more often, have a greater sense of choi
ce and autonomy, and are far less costly to public systems than tenants of other programs.5 2 Gulcur, L., Stefancic, A., Shinn, M., Tsemberis, S., & Fishcer, S. Housing, Hospitalization, and Cost Outcomes for Homeless Individuals with Psychiatric Disabilities Participating in Continuum of Care and Housing First programs. 2003. 3 Tsemberis, S. & Eisenberg, R. Pathways to Housing: Supported Housing for Street -Dwelling Homeless Individuals with Psychiatric Disabilities. 2000.
4 Montgomery, A.E., Hill, L., Kane, V., & Culhane, D. Housing Chronically Homeless Veterans: Evaluating the Efficacy of a Housing First Approach to HUD-VASH. 2013.
5 Tsemberis, S., Gulcur, L., & Nakae, M. Housing First, Consumer Choice, and Harm Reduction for Homeless Individuals with a Dual Diagnosis. 2004; Perlman, J. & Parvensky, J. Denver Housing First Collaborative: Cost Benefit Analysis and Program Outcomes Report. 2006.
20 June 30, 2022 Item No: 11a
Honorable Mayor and Members City Council Meeting
of the Marina City Council of July 6, 2022
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2022-,
MEMORIALIZING ADJUSTMENTS PREVIOUSLY APPROVED TO THE
CITY’S SALARY SCHEDULE AND COMPENSATION PLAN FOR MARINA
DIRECTORS AND RECEIVING AN ORAL REPORT ON THE CHANGES
TO THE EXECUTIVE COMPENSATION IN COMPLIANCE WITH
GOVERNMENT CODE SECTION 54953(C)(3)
REQUEST:
It is requested that the City Council consider
1. Adopting Resolution No. 2022 -, Memorializing adjustments previously approved to the City’s Salary Schedule and Compensation Plan for Marina Directors and receiving an oral report on the changes.
BACKGROUND:
On March 1, 2022, the City Council approved Resolution No. 2022-33 (“EXHIBIT C”), authorizing adjustments to the City’s Salary Schedule and Compensation Plan for Marina Directors, authorizing the City Manager to execute a Memorandum of Understanding between the City and the Directors, authorizing the Finance Director to make appropriate budget and accounting entries and receiving an oral report on changes to executive compensation. The approved Resolution provided the Directors a 2.5% cost of living adjustment for Fiscal Year 2021/22 and a variable cost of living adjustment for Fiscal Year 2022/23 based upon the April 2022 San Francisco/Oakland Consumer Price Index (CPI), but not less than 2% and not more than 3.5%.
City staff provided an oral report on March 1, 2022, in regard to the proposed executive salary and compensation adjustments in compliance with Government Code section 54953(c)(3).
ANALYSIS:
The approved Resolution provides the Marina Directors a variable cost of living adjustment for Fiscal Year 2022/23 based upon the April 2022 San Francisco/Oakland CPI, but not less than 2% and not more than 3.5%. The April 2022 San Francisco/Oakland CPI Index as published by the United States Bureau of Labor Statistics for the previous 12-months was 5.6%, therefore, the Marina Directors cost of living adjustment for Fiscal Year 2022/23 is 3.5% effective the first pay period in July. The 3.5% cost of living adjustment to the City’s current Director’s broadband salary range results in the changes demonstrated in Table 1 below.
Table 1. Director’s Monthly Broadband Salary Range
Position Current Monthly Broadband
Range
Proposed Monthly Broadband
Range with 3.5 % COLA
Assistant City Manager
Community Development Director
Finance Director
Fire Chief
Police Chief
Recreation Director
Public Works Dir/City Engineer
$10,798 to $18,435 $11,175 - $19,080
1 “EXHIBIT B ” contains the Memorandum of Understanding (MOU) for the Marina Directors documents. The Director’s Monthly Broadband Salary Range will be updated to reflect the changes contained in Table 1 as previously approved in Resolution No. 2022-33. There are no changes to benefits or other compensations as a result of the cost-of-living adjustment.
Executive Compensation Changes
Government Code section 54953(c)(3) requires that the City provide an oral report in regard to the proposed executive salary and compensation adjustments. This report will be provided during the City Council meeting and will be consistent with Table 2 below.
Executive Compensation Summary
The Marina Directors group actual salaries as a r esult of the above c ompensation changes are summarized in Table 2 below.
Table 2. Executive Compensation Summary
Position Monthly Salary
Assistant City Manager $17,209.98
Community Development Director $15,337.66
Finance Director $13,967.33
Fire Chief $16,979.16
Police Chief $17,578.44
Recreation Director Currently vacant
Public Works Dir/City Engineer $15,842.73
FISCAL IMPACT:
The annual costs of th e above-described changes to the execu tive compensation schedule are approximately $40,000 per year.
CONCLUSION:
This attached Resolution memorializes adjustments to the City’s Salary Schedule and Compensation Plan for Marina Directors as previously approved in Resolution No. 2022 -33. Th is action a lso fulfills the City’s compliance with the requirements of Government Code section 54953(c)(3) to orally report on executive salary compensation adjustments.
Respectfully submitted,
_____________________________
Matt Mogensen
Assistant City Manager
City of Marina
REVIEWED/CONCUR:
_____________________________
Layne Long
City Manager
City of Marina
2 RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCILOF THE CITY OF MARINA MEMORIALIZING ADJUSTMENTS PREVIOUSLY APPROVED TO THE CITY’S SALARY SCHEDULE AND
COMPENSATION PLAN FOR MARINA DIRECTORS AND RECEIVING AN ORAL
REPORT ON THE CHANGES TO THE EXECUTIVE COMPENSATION IN COMPLIANCE WITH GOVERNMENT CODE SECTION 54953(C)(3)
WHEREAS, the City employs directors to manage the various departments of the City; and,
WHEREAS, these directors have a co llective Memorandum of Un derstanding (MOU) and employment agreements (Contracts); and,
WHEREAS, on March 1, 2022, the City Council approved Resolution No. 2022-33 (Exhibit “C”), authorizing adjustments to the City’s Salary Schedule and Compensation Plan for Marina Directors, authorizing the City Manager to execute a Memorandum of Understanding between the City and the Directors, authorizing the Finance Director to make appropriate budget and accounting entries and receiving an oral report on changes to executive compensation; and,
WHEREAS, the approved Resolution No. 2022 -33 provided the Directors a 2.5% cost of living adjustment for Fiscal Year 2021/22 and a variable cost of living adjustment for Fiscal Year 2022/23 based upon the April 2022 San Francisco/Oakland Consumer Price Index (CPI), but not less than 2% and not more than 3.5%; and,
WHEREAS, the April 2022 San Francisco/Oakland CPI Index as published by the United States Bureau of Labor Statistics for the previous 12-months was 5.6%, therefore, the Marina Directors cost of living adjustment for Fiscal Year 2022/23 is 3.5% effective the first pay period in July;
WHEREAS, the Marina Directors group actual salaries as a result of the above compensation changes are summarized in Table 2 of Exhibit “A”; and,
WHEREAS, the Director’s M OU conta ins salary ra nges, benefits , terms and con ditions of employment and is addition, the Directors individual Contracts which are based on the MOU. The MOU included as Exhibit “B” has been updated consistent with the Broadband Salary Range contained in Table 2 of Exhibit “A” and will be effective as of July 4, 2022; and,
WHEREAS, the annual cost of the salary increases is approximately $40,000 per year; and,
WHEREAS, Government Code section 54953(c)(3) requires that, before taking final ac tion, the Board of Directors must orally report a summary of the recommendation regarding t he salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executives; and,
WHEREAS, City staff provided an oral report on July 6, 2022, in regard to the executive salary and compensation adjustments in compliance with Government Code section 54953(c)(3).
3 Resolution No. 2022-