Pacific Grove City Council
September 21, 2022

Harris & Associates, Inc. Part 2 | Project Approach, Scope of Work, Timeline and Deliverables  16 The 200 Block of Grand Avenue in Pacific Grove.

Task 2.6.5. Attend Conference Calls. Fehr & Peers
will attend up to six (6) 1-hour web-enabled project
team conference calls with two staff present, as well
as one (1) Planning Commission meeting, and one
(1) City Council meeting.

OPTION 2
Like Option 1, Option 2 includes preparation of
an ND or MND for Phase 1 HEU. Because Phase
2 will result in rezoning and other General Plan
updates that could result in potential significant and
unavoidable impacts, Option 2 includes preparation
of an EIR, instead of an IS/ND or MND, through
a Subsequent or SEIR process (CEQA Guidelines
section 15162 and 15163). This approach will rely on
the analyses performed during Phase 1 for the HEU
IS/ND or MND and use the information to update
the other General Plan elements and ordinances
that result from the HEU, which may include: Land
Use (including the Land Use Map), Health and
Safety (Safety element update is required by State
law), Transportation, Parks and Recreation, Natural
Resources, and Zoning and Subdivision ordinances.

Phase 1: HEU Initial Study/Negative
Declaration or Mitigated Negative Declaration
Phase 1 under Option 2 would be the same as
outlined above under Option 1. Refer to the tasks
described for Phase 1 under Option 1.

Phase 2: Subsequent or Supplemental
Environmental Impact Report for Other
Element and Ordinance Updates
This scope for an SEIR assumes that the
environmental analysis for the CEQA document
will be based on existing available documentation,
including the HEU IS/MND completed during
Phase 1 and General Plan elements. Harris assumes
that field surveys will not be required as part of the
SEIR, except for the transportation and vehicle miles
traveled (VMT) analysis conducted by Fehr & Peers
(refer to Option 1, Task 2 Technical Studies).

Harris will follow the City’s Environmental Impact
Report Ordinance (Title 23.77 of the Pacific Grove
Municipal Code), which specifies requirements for
EIRs.

Task 1: Project Initiation. Harris will initiate
project kick-off by obtaining deliverables relating to
the project, including but not limited to, the HEU
and Sector Feasibility Study. Harris will attend a
kick-off meeting with City staff within the first two
weeks. Roles and responsibilities, as well as internal
deadlines, will be established. Harris will develop a
list of data needs to review at the kick-off meeting
and will coordinate with the City to obtain the
required data, within established timelines.

Task 2: CEQA Notices. Harris will provide all
required CEQA notices for the project, beginning
with the Notice of Preparation (NOP) consistent
with Section 15082 of the CEQA Guidelines. The
NOP will include the noticing for the NOP Public
Scoping Meeting. Other CEQA notices Harris
will provide include the Notice of Availability
(NOA), Notice of Completion (NOC), Notice of
Determination (NOD), and the OPR Summary Form
for distribution to the State Clearinghouse. Harris
will also prepare the tribal notification letters. The
noticing tasks are described as follows:

PGCC 9-21-2022

Harris & Associates, Inc. Part 2 | Project Approach, Scope of Work, Timeline and Deliverables  17 Deliverables:
• NOP, NOA, NOC, NOD, OPR Summary Form
and Tribal Consultation Notices
• Prepare the PEIR NOP, which will provide a brief
project description and a general description of
each of the issues that will be addressed in the
Draft PEIR, as well as those topics that will not be
addressed in the PEIR. In addition, the NOP will
identify the date, time, and location of a public
scoping meeting for the Draft PEIR.
• Submit an electronic copy of the NOP to the City
for their review and prepare one set of minor
revisions to the draft NOP based on comments
received. It is assumed that the City will prepare
the NOP mailing list and distribute it to
interested or affected agencies, organizations, and
individuals. Include the NOP as an appendix to the
SEIR along with the comment letters received.
• In preparation for CEQA Public Review of the
Draft SEIR, prepare the NOA, NOC and OPR
Summary Form. The City will distribute the
Draft SEIR pursuant to City and CEQA noticing
requirements.
• In preparation for SEIR for certification, prepare
the NOD and file with the County Clerk and State
Clearinghouse.
• Prepare the tribal notification letters to be
distributed by the City in compliance with Senate
Bill (SB) 18 and Assembly Bill (AB) 52. Harris will
assist the City with consultation, if requested.

Task 3: Scoping Meeting. Pursuant to CEQA
Guidelines Section 15206(b)(1), the project qualifies
as a project of statewide, regional or areawide
significance because it involves a proposed local
general plan, element, or amendment for which
a EIR will be prepared. As such, a SEIR scoping
meeting is required as described in CEQA
Guidelines Section 15082(c)(1).

The scoping meeting will be noticed as part of the
NOP and is anticipated to be held virtually. However,
Harris will work with the City should an in-person
meeting be desired. The scoping meeting tasks are as
follows:
• Prepare a presentation for public scoping meeting
that describes the CEQA process and present a
preliminary list of environmental topics to be
addressed in the Draft SEIR.
• Facilitate the virtual public scoping meeting
using the presentation described above and solicit
input regarding the environmental topics that
meeting attendees feel should be addressed in
the Draft SEIR. (An in-person meeting can be
accommodated but may require additional scope).
• During the meeting, transcribe verbal public
comments into written notes. Compile the list
of environmental topics requested be addressed
in the Draft SEIR and provide a summary of the
comments to the City.

Deliverables:
• Public Scoping Meeting PowerPoint
presentation and summary of comments
received
Task 4: Technical Studies. The technical studies
described for Option 1, Phase 2 would also be
required to support the analyses for Option 2, Phase

2. Refer to the scope of work provided for Option 1,
Phase 2, Task 2, Technical Studies.

Task 5: Draft SEIR.

Task 5.1. Prepare Administrative Draft SEIR
with Technical Appendices. Harris will prepare
the draft and final SEIRs in compliance with the
CEQA (Public Resources Code §21000 et seq.), the
CEQA Guidelines (California Code of Regulations
§15000 et seq.), CEQA case law and recent court
decisions, and the City’s Environmental Impact
Report Ordinance (Title 23.77 of the Pacific Grove
Municipal Code).

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Harris & Associates, Inc. Part 2 | Project Approach, Scope of Work, Timeline and Deliverables  18 The project will be addressed with a SEIR, which
is an EIR that revises as necessary the adopted
ND or MND for Phase 1 HEU (CEQA Guidelines
section 15162 and 15163). The SEIR will identify
potential impacts that would result from project
implementation. However, the level of analysis will
not be detailed to the individual development project
level, nor is it intended to be accurate to this level of specificity.

The SEIR will identify a range of potential impacts
resulting from future development allowed under
the project and will identify mitigation measures
that future development may implement to reduce
identified potentially significant effects.

The preparation of a SEIR will facilitate the CEQA
streamlining under Section 15168 (c) and (d), if
projects are consistent and considered later activities under the program (CEQA requirements for
program EIRs). The SEIR contents and related scope
of work is described as follows:

Executive Summary. The Executive Summary will
contain elements required in CEQA Guidelines
section 15123, and will include a brief description
of the project, the environmental setting, and the
alternatives evaluated in the SEIR. It will also
include a discussion of areas of controversy and
issues to be resolved.

Significant effects and mitigation will be described
in a table listing the issue, impacts identified in the SEIR, the significance of impacts before mitigation,
mitigation recommended in the SEIR, and the
significance of impacts after mitigation. Due to
potential changes resulting from City comments,
the Executive Summary will be submitted with the
Second Screencheck Draft SEIR.

Introduction. The introduction will discuss the
purpose and legal authority, scope, and intended
use of the SEIR. It will provide an overview of
the environmental review process. Finally, the
Introduction will include a brief discussion of the
organization of the SEIR document.

Project Description. The Project Description will
be prepared to comply with the requirements of
CEQA Guidelines section 15124 and will include
a discussion of the project’s regional context,
including proposed land uses, circulation, and
related improvements. An overview of the project’s
background, history, and objectives will also be
provided. The Project Description, including graphic
materials, will be based on information provided
by the City and the consultants working on the
HEU. Finally, the Project Description will include
a separate list of key planning policies which will
avoid or minimize environmental impacts.

This SEIR chapter will also provide the project
objectives, which will be developed in consultation
with City staff. The project objectives are a key
element of the Project Description because they
set the parameters for developing the project
alternatives. Finally, a complete list of responsible
and trustee agencies and necessary discretionary
actions, including permits, will accompany the
Project Description.

Environmental Analysis. The scope of the
Environmental Analysis chapter was developed
based on the project information provided with the
Request for Proposals, our experience preparing
SEIRs for similar types of planning projects, and
our knowledge of the project area. As required by
CEQA, the SEIR will address the following topics:

Aesthetics, Agriculture and Forestry Resources, Air
Quality, Biological Resources, Cultural Resources,
Energy, Geology and Soils, Greenhouse Gas
Emissions, Hazards and Hazardous Materials,
Hydrology and Water Quality, Land Use and
Planning, Mineral Resources, Noise, Population
and Housing, Public Services, Recreation,
Transportation, Tribal Cultural Resources, Utilities
and Service Systems, and Wildfire.

The discussion of each environmental topic in the
Environmental Analysis chapter will have six main
subsections, described as follows:

PGCC 9-21-2022

Harris & Associates, Inc. Part 2 | Project Approach, Scope of Work, Timeline and Deliverables  19 The Existing Conditions subsection will provide a
description of the existing conditions of the project
area, specific to each environmental topic area.

The Regulatory Framework subsection will provide
a description of applicable regulations promulgated
by federal, state, regional, and local agencies that
apply to the specific environmental topic area.

The discussion of Impacts and Mitigation will
be divided into subsections based on the CEQA
Guidelines Appendix G IS Checklist questions.

As required by section 15126.2(a) of the CEQA
Guidelines, direct, indirect, short-term, extendedterm, on-site, and/or off-site impacts will be addressed, as appropriate, for the environmental
issue being analyzed. The Mitigation Measures
subsection will list the mitigation measures that
could reduce the severity of impacts identified in the
Impacts subsection, as necessary.

The SEIR will provide an evaluation of feasible
mitigation measures, which could be implemented
to reduce or eliminate adverse impacts of the
proposed project. CEQA Guidelines section 15126.4
requires a SEIR to “describe feasible measures
which could minimize significant adverse impacts.”
The CEQA Guidelines section 15364 defines
feasibility as capable of being accomplished in a
successful manner within a reasonable period of
time, taking into account economic, legal, social,
and technological considerations. Furthermore, the
mitigation measures will be designed to streamline
future development project environmental review
under CEQA by creating performance standard
mitigation measures.

The Cumulative Impacts and Mitigation subsection
will include an analysis of the proposed project and
related past, present, and probable future projects
that would contribute to the degradation of the
environment in each of the environmental topic area
subsections addressed in the SEIR. The cumulative
project list will be provided at the beginning of the
Environmental Analysis chapter, prior to the analysis
for each environmental topic.

For each topic subsection, four questions will be
addressed in the analysis:

1. What is the geographic context of the analysis?

2. Does a significant cumulative impact exist?

3. If so, what is the project’s contribution before
implementation of project-level mitigation
measures?

4. What is the project’s contribution after
implementation of project-level mitigation
measures?
The References subsection will provide a
bibliography of reference materials used in preparing
the particular topical section of the SEIR.

Growth Inducement. This section will discuss
the potential for future development allowed
by the project to foster economic or population
growth or the construction of additional housing
in the surrounding environment. Included will
be a discussion of the potential for the project to
contribute to growth of undeveloped areas through
the extension or construction of new infrastructure
facilities. Consistent with CEQA Guidelines section
15126.2, the discussion will not assume that growth
is necessarily beneficial, detrimental, or of little
significance to the environment.

Other CEQA Considerations. This section will
include a subsection on Other Effects Found Not to
be Significant that will be based on the results of the Initial Study checklist and the adopted ND or MND
for Phase 1. Additional topics from the adopted ND
or MND for the HEU may be added to this list once
preliminary analysis has occurred. This chapter
of the SEIR will also include sections discussing
significant and unavoidable environmental impacts
and significant irreversible environmental effects.

Alternatives. Harris will prepare this section to
include discussion of up to three alternatives, in
addition to the No Project Alternative. As required
by CEQA, the No Project Alternative will be
addressed as the Existing General Plan Alternative.

PGCC 9-21-2022

Harris & Associates, Inc. Part 2 | Project Approach, Scope of Work, Timeline and Deliverables  20 The 200 Block of 17th Street in Pacific Grove.

Three other alternatives will be developed in
consultation with City staff in light of the significant environmental impacts identified for the project.

In addition, as required by the CEQA Guidelines,
the environmentally superior alternative will be
identified. If this is the No Project Alternative,
the next environmentally superior alternative will
be identified. A comparison of alternatives to the
project will be provided in a matrix format for each
of the environmental topics, depicting whether the
alternative would result in less, more, or the same
impact as the project.

Deliverables (electronic):
• Administrative Draft EIR with Technical
Appendices
Task 5.2. Prepare Screencheck Draft SEIR with
Technical Appendices. Following receipt of City
comments on the Administrative Draft EIR, Harris
will prepare the Screencheck Draft EIR, including
technical appendices. All edits will be shown in
tracking mode (strikeout/underline).

Task 5.3. Prepare Public Draft SEIR with Technical
Appendices. After receipt and incorporation of
comments on the Screencheck Draft PEIR, Harris
will submit the Public Draft SEIR electronically to
the City for a print-check review before public review
distribution.

The Draft SEIR will undergo a 45-day public review
period. As described above, Harris will produce the
OPR Summary Form for distribution to the State
Clearinghouse. Harris will provide the Draft SEIR
electronically for publication on the City’s website.

As described under Task 2, Harris will also prepare
the NOC and NOA per CEQA Guidelines Sections
15085 and 15087. It is assumed that the City will
send the notices and post the NOA in a local paper,
in accordance with the CEQA public noticing
requirements.

Deliverables (electronic):
• Screencheck Draft SEIR with Technical
Appendices
Deliverables (electronic):
• Public Draft SEIR with Technical
Appendices
Task 5.4 Attend Meetings. The Harris project
manager or senior team member will attend one
Planning Commission meeting and one City Council
meeting. The Harris team will also be available
to participate in up to 12 one-hour teleconference
meetings (bi-weekly meetings for six-months) during
the preparation of the SEIR. These meetings will
serve to facilitate project information, resolve issues, and update the team on schedule and budget. Harris
is available to participate in additional meetings, as
needed, at our typical hourly billing rates.

Under Option 2, it is anticipated that the process
would take longer than under Option 1 due to the
complexity of the element and ordinance updates
and the longer timeline for an SEIR. Additional costs
are provided for meetings and project management
beyond those listed in Phase 1 Task 1.

PGCC 9-21-2022

Harris & Associates, Inc. Part 2 | Project Approach, Scope of Work, Timeline and Deliverables  21 The Harris project manager will coordinate
with the City and technical team, including the
subconsultant. The project manager will organize
the project in terms of scope, schedule and budget
and be responsible for the quality and timeliness
of submittals. The project manager will also be
responsible for monthly invoicing, including the
preparation of a monthly progress report.

Task 5.5. Review Approval Documents. Harris
staff will conduct a review of project approval
documents including the Housing Element update
and Feasibility Study. Harris’ review will focus on
consistency between the documents and changes
that may reduce or avoid environmental impacts.

Harris will summarize these documents in the SEIR
project description.

Task 6: Final SEIR
Task 6.1. Prepare Response to Comments. This
scope assumes there will be up to 100 individual
written comments (not 100 letters) on the Draft
SEIR. Harris will review and number all the
comments, and distribute to the Harris team,
Fehr & Peers, and possibly City staff for input on
developing responses. The effort to respond to these
comments is not expected to require new fieldwork
or substantial new analysis. Harris will submit the
draft response to comments section to the City for
review and prepare one set of revisions based on City
comments within the limits of a 16-hour professional
time budget.

Deliverables (electronic):
• Draft Responses to Comments
Task 6.2. Prepare Administrative Final SEIR.

Harris will prepare the Administrative Draft Final
SEIR, which will include responses to comments
(completed as part of Task 6.1), revisions to the Draft SEIR (errata), Draft MMRP, and CEQA Findings,
including a Statement of Overriding Considerations,
if required.

Harris will apply the requirements of the City’s
EIR Ordinance (Title 23.77 of the Pacific Grove
Municipal Code) related to CEQA noticing and
findings.

MMRP. Harris will prepare the MMRP consistent
with CEQA Guidelines Section 15097 based on the
mitigation measures in the SEIR. The MMRP will
be in tabular format and will identify the following:
mitigation measure, monitoring effort, time frames
for implementing the mitigation and verifying that
the mitigation has been implemented, persons/
agencies responsible for carrying out the mitigation
and verification, and dates when the mitigation and
monitoring activities have been completed. The
MMRP will be submitted to City staff for review.

One set of minor comments will be prepared based
on City comments.

CEQA Findings/Statement of Overriding
Considerations. Harris will prepare the Draft
CEQA Findings and the Statement of Overriding
Considerations for the SEIR and submit these
documents to the City for review and comment,
pursuant to the requirements of Sections 15091(a)
and 15093 of the CEQA Guidelines, respectively.

Harris will make one set of revisions to the
daft Findings and Statement of Overriding
Considerations based on the comments received
from the City. These findings will be consistent with
Title 23.77 of the Pacific Grove Municipal Code.

Deliverables (electronic):
• Administrative Final SEIR, Draft and
Final MMRP, and CEQA Findings and the
Statement of Overriding Considerations (if
required)
Task 6.3. Screencheck Final SEIR. Harris will
prepare the Screencheck Final PEIR which will
include responses to comments, revisions to the
Draft SEIR (errata), MMRP, and CEQA Findings,
including a Statement of Overriding Considerations,
if required.

PGCC 9-21-2022

Harris & Associates, Inc. Part 2 | Project Approach, Scope of Work, Timeline and Deliverables  22 Task 6.4. Final SEIR. Harris will prepare the Final
SEIR which will include responses to comments,
revisions to the Draft EIR (errata), Draft MMRP,
and CEQA Findings, including a Statement of
Overriding Considerations, if required. The City will
be responsible for distribution to all public agency
commenters within 10 days prior to certification
of the Final SEIR. Harris will support this task if
requested.

Deliverables (electronic):
• Screencheck Final SEIR
Deliverables (electronic):
• Final SEIR
Budget Contingency
Harris has included a 10% budget contingency to
be used for unanticipated project-related tasks that
arise during preparation of the SEIR. The budget
contingency will only be used with prior approval
from City staff. The tasks may include, but would not
be limited to, the following:
• Additional meeting attendance or outreach efforts.
• Additional technical analysis, such as an expanded
transportation analysis or health risk assessment.
• Evaluation of additional project alternatives.

The budget contingency is included in the not-toexceed budget amount.

OPTION 3
Phase 1: HEU Statutory Exemption
As described in the approach section, Option 3
includes the use of a Statutory Exemption from
CEQA for the HEU, per California Government
Code section 65863(h) and CEQA Guidelines section
15283.

The State legislature enacted this exemption to
identify and make available additional adequate
sites for residential development under the RHNA
exempt from CEQA, which would not require any
environmental analysis for the HEU in Phase 1.

The costs to complete the Phase 1 HEU would be
approximately $8,000, which is the same budget
for meetings and project management as in Option
1, Phase 1, plus minimal costs to prepare a Notice
of Exemption to file with the County Clerk after
approval of the HEU in December 2023.

Even more critical than the cost savings under this
option is the ability to save time by not conducting
the CEQA analysis and by avoiding the risk of legal
challenge to adopting an ND or MND for the HEU
(Options 1 and 2). This approach makes it easier for
the City to complete the HEU by December 2023.

Phase 2: Environmental Impact Report for
Other Element and Ordinance Updates
With this approach, the City would prepare a new
standalone EIR, rather than a SEIR, to analyze the
impacts of updating the other General Plan elements
and ordinances (Phase 2).

The process for Phase 2 (standalone EIR) under
Option 3 would be substantially similar to Phase
2 (SEIR) under Option 2. All tasks and sub-tasks
detailed above for Option 2, Phase 2 would be the
same for the standalone EIR. However, this scope of
work assumes additional effort because there is no
analysis to use from an adopted ND or MND for the
HEU as part of Phase 1.

The difference in cost is primarily due to the need
to prepare a project description and impact analysis
otherwise prepared under the ND or MND and
reflecting the actions taken in Phase 1 to approve the
HEU. All other costs and scope will be substantially
similar to Phase 2 under Option 2.

PGCC 9-21-2022

Harris & Associates, Inc. Part 2 | Project Approach, Scope of Work, Timeline and Deliverables  23 General Timeline
The anticipated timeline for Phase 1 HEU is presented below.

Phase 2 is not represented because the extent of the other element and ordinance updates are unknown at this time. However, Harris can complete the Phase 2 CEQA documentation within 1.5 years upon completion of a project description.

Phase 1: Housing Element Update
Process Completion Timeframe
Option 1 Option 2 Option 3

1. HEU Provided by City August 2022 August 2022 August 2022

2. HEU Project Description Development September 2022 September 2022 September 2022

3. CEQA Documentation
• Statutory Exemption Not applicable Not applicable September 2022* • Draft IS/ND or MND October -
November 2022
October -
November 2022 Not applicable
• Public Review December -
January 2023
December -
January 2023 Not applicable
• Response to Comments February 2023 February 2023 Not applicable • Final IS/ND or MND March 2023 March 2023 Not applicable

4. CEQA and HEU Approval December 2023 December 2023 December 2023 *CEQA completed, but the Notice of Exemption would
be filed upon approval of the HEU by City Council, no
later than December 2023
PGCC 9-21-2022

Harris & Associates, Inc. Part 3 | Consultant Identification and Team  24 PART 3 | CONSULTANT

IDENTIFICATION AND TEAM
Name of Consultant
Harris & Associates, Inc.

Principal Place of Business
450 Lincoln Avenue, Suite 103, Salinas, CA 93901
Main Point of Contact
David J. R. Mack, AICP
Project Manager/Main Point of Contact
(P): 831.320.0413
(E): [email protected]
Professional Services Certification
Harris certifies that we are able to perform all professional services required by the RFP per language on page 7, Part 3 | Consultant Identification and Team: “Any professional services required but not proposed by the qualified consultant firm shall be listed and reasons should be provided for not including them as part of the proposal.”
PGCC 9-21-2022

Harris & Associates, Inc. Part 3 | Consultant Identification and Team  25 Team Member Roles, Qualifications, and Relevant Experience Team Member/Role Qualifications Relevant Experience
Diane Sandman, AICP 🔑
Principal-in-Charge
• CEQA/NEPA
• Project Management
• Environmental Analysis
• Quality Assurance/Quality
Control (QA/QC)
• City of Watsonville, Climate Action
Adaptation Plan (CAAP)
• City of Irvine, Housing Element MND
• City of El Centro, General Plan Update and
Program EIR
• City of Victorville, General Plan Update and
Program EIR
Kate Elliott 🔑
Quality Assurance and
Quality Control Manager
• CEQA/NEPA
• Project Management
• Environmental Analysis
• QAQC
• Transportation Agency for Monterey
County (TAMC), Fort Ord Regional Trail and
Greenway EIR
• County of Monterey, Pebble Beach
Development and Preservation EIR
• County of Monterey, Pebble Beach
Inclusionary Housing EIR
• City of Watsonville, Climate Action
Adaptation Plan (CAAP)
David Mack, AICP 🔑
Project Manager
• CEQA/NEPA
• Project Management
• Land Use Planning
• Environmental Analysis
• QAQC
• County of Monterey, General Planning/CEQA
Compliance
• City of Marina, General Planning/CEQA
Compliance
• County of Humboldt, Planning Support
Services
• City of San Juan Bautista, Planning Support
Services
Darin Neufeld, AICP 🔑
Strategic Advisor
• CEQA/NEPA
• Project Management
• Environmental Analysis
• QAQC
• City of Watsonville, Climate Action
Adaptation Plan (CAAP)
• City of Victorville, General Plan Update and
Program EIR
• City of Victorville, General Plan Annual
Progress Report (APR)
• City of Santee, Environmental Justice and
Safety Element Update
• County of San Diego, Staff Support Services
Joseph Sidor 🔑
Strategic Advisor
• CEQA/NEPA
• Project Management
• Land Use Planning
• Environmental Analysis
• QA/QC
• City of Pacific Grove, Planning Support
Services
• County of Monterey, Planning and Project
Management
• City of Walnut Creek, Sustainability Action
Plan
PGCC 9-21-2022

Harris & Associates, Inc. Part 3 | Consultant Identification and Team  26 Team Member/Role Qualifications Relevant Experience
Bill Halligan, Esq. 🔑
Sr. Environmental Council
• CEQA/NEPA
• Legal Council
• Environmental Analysis
• City of Los Alamitos, General Plan Update
and EIR
• County of Los Angeles Department of
Regional Planning, Los Angeles County 2035
General Plan EIR
• City of Irvine, Irvine Business Complex (IBC)
Vision Plan and EIR
• Five Point Communities Valencia, CEQA and
Entitlement Services
Esther Daigneault 🔑
Sr. Environmental Analyst
• Environmental Analysis • City of Escondido, General Plan Update, Climate Action Plan, and Downtown Specific
Plan Update EIR
• City of Escondido, 661 Bear Valley Parkway
Residential Development EIR
• City of Santee, Fanita Residential EIR
• City of Solano, 101 EIR
Alec Barton, AICP
Environmental Analyst
• Environmental Analysis • County of Monterey, Planning Support Services
• Cities of San Juan Batista and Marina,
Planning Support Services
• City of Seaside, CEQA Support for Fort Ord
Demolition
• City of Marina, Downtown Visualization
Specific Plan
Sarah Faraola
Environmental Analyst
• Environmental Analysis • County of Monterey, CEQA Documentation and Permitting Support for Public Works
Projects
• City and County of Santa Cruz, Coastal Rail
Trail Segments 8-9 and 10-11 EIRs
• City of Watsonville, Climate Action
Adaptation Plan (CAAP)
• City of Seaside, Fremont Sewer Main
Rehabilitation CEQA Documentation
Emily Mastrelli
Biological Resources
• Biological Resources
• Environmental Analysis
• Regulatory Compliance/
Permitting
• Environmental Analysis
• County of Monterey, Lake San Antonio
Water System Repair Project
• City of San Marcos, On-Call Environmental
Services
• Orion Construction/Padre Dam Municipal
Water District, East County Advanced Water
Purification Pipeline Project
• US Air Force, San Diego Space Surveillance
Station Habitat Restoration
PGCC 9-21-2022

Harris & Associates, Inc. Part 3 | Consultant Identification and Team  27 Team Member/Role Qualifications Relevant Experience
Sharon Toland
Air Quality, Greenhouse
Gas and Noise Specialist
• Air Quality
• Energy
• Greenhouse Gas
• Noise
• City of Escondido, 6th Cycle Housing
Element
• City of Escondido, General Plan Update,
Climate Action Plan, and Downtown Specific
Plan Update EIR
• City of Escondido, East Valley Specific Plan
• City of El Centro, General Plan Update and
Program EIR
Donna Beddow, RPA
Cultural and Tribal
Resources
• Archaeology
• Cultural Resources
• City of Escondido, 6th Cycle Housing
Element
• County of San Diego Department of
Planning & Development Services, Project
Support Staff
• County of San Diego, Alpine Community
Plan Update - General Plan Amendment
• County of San Diego, Harmony Grove Village
South – General Plan Amendment, Specific
Plan, Rezone, Tentative Map, and Major Use
Permit
Matt Haynes, PE, AICP
Principal
• Sustainable
Transportation
• Multimodal Transportation
• Land Use
• California State University Monterey Bay,
CSUMB Master Plan
• City of Monterey, Monterey Citywide
Transportation and Parking Plan
• University of California, Santa Cruz, UCSC
Long Range Development Plan
• County of Santa Cruz, Sustainable Santa
Cruz County Plan
Charlie Coles
Senior Transportation
Planner
• Sustainable
Transportation
• Multimodal Transportation
• Town of Los Gatos, Los Gatos General Plan
2040 Update and EIR
• City of Campbell, Campbell Envision 2040
General Plan Update and EIR
Dan Rubins, PE
Senior Associate
• Travel Behavior and
Forecasting
• Sustainable
Transportation
• California State University Monterey Bay,
CSUMB Comprehensive Master Plan EIR
• City of Seaside, Campus Town Specific Plan
TIA
PGCC 9-21-2022

Harris & Associates, Inc. Part 3 | Consultant Identification and Team  28 City of Pacific Grove
Technical Team
Strategic Advisors
Darin Neufeld, AICP 🔑
Joseph Sidor 🔑
Environmental Analysis
Bill Halligan, Esq.🔑
Esther Daigneault 🔑
Alec Barton, AICP
Sarah Faraola
Air Quality, Greenhouse Gas, Noise
Sharon Toland
Biological Resources
Emily Mastrelli
Cultural/Tribal Resources
Donna Beddow, RPA
Transportation
Matt Haynes, PE, AICP [FP]
Dan Rubins, PE [FP]
Charlie Coles [FP]
Project Manager
David Mack, AICP 🔑
Principal-in-Charge
Diane Sandman, AICP 🔑
Key Staff
FP: Fehr & Peers
Organizational Chart
QAQC Manager
Kate Elliott 🔑
PGCC 9-21-2022

Harris & Associates, Inc. Part 3 | Consultant Identification and Team  29 Diane Sandman, AICP 🔑

PRINCIPAL-IN-CHARGE
Diane manages Harris’ 25+ person Environmental + Planning team. Over her 20-year career, she has worked extensively on CEQA and NEPA compliance documents for long-range planning projects, including the City of Watsonville Climate Action and Adaptation Plan and City of Irvine and City of Victorville Housing Element MNDs. She has successfully managed contracts up to $15 million in fee requiring large teams of in-house staff and subconsultants.

An accomplished project director, Diane is known for her rigor around budget, schedule, and attention to detail.

RELEVANT EXPERIENCE
• City of Watsonville, Climate Action and Adaptation Plan (CAAP).

Principal-in-Charge. Diane led the team that prepared the City of Watsonville’s climate resilience planning efforts, which encompassed the preparation of the City’s first Local Hazard Mitigation Plan, CAAP, EJ Element, and incorporating these disparate analyses into the General Plan Update to meet State mandates. The State of California Office of Emergency Services continues to use the documents Harris prepared as a model for other agencies.
• City of Irvine, Housing Element MND. EIR Technical Lead. Diane was the EIR Technical lead for preparation of the MND for the Irvine 6th Cycle Housing Element. In this role, she reviewed and edited the CEQA document for technical accuracy and compliance with current regulations. Irvine’s Housing Element was recently certified by California Department of Housing and Community Development (HCD).
• City of El Centro, General Plan Update and Program EIR. QA/QC reviewer. The City of El Centro recently updated the General Plan Land Use and Mobility Element and EJ Element. The General Plan elements were designed to improve sustainability, promote public health, and anticipate future advancements in transportation technology. Diane provided quality assurance review for the project’s Program EIR, which identified potential impacts that would result from project implementation. Despite schedule delays, Harris brought this project in on time and within budget. • City of Victorville, General Plan Update and Program EIR. QA/QC reviewer. Harris is preparing Land Use, Housing, Safety and EJ Elements for this General Plan Update. Diane is providing quality assurance review for the General Plan Update, as well as the Program EIR, which will streamline future environmental review as the individual projects are implemented and allow future projects to tier from the Program EIR in support of the Cycle HEU and LUE Update. The Housing Element was one of only nine in the region (out of 190) to be certified by HCD on time.

EDUCATION
BA, Environmental
Studies

CERTIFICATIONS
AICP Certified Planner,
American
Institute of Certified
Planners
San Diego County
Approved EIR
Preparer
AWARDS
County of San Diego
General Plan Program
EIR Outstanding
Environmental Analysis
Document
Escondido General
Plan, Climate Action
Plan and Downtown
Specific Plan Program
EIR Outstanding
Environmental Analysis
Document
Palomar Gateway
District Specific
Plan Program
EIR Outstanding
Environmental Analysis
Document
Fanita Ranch
EIR Outstanding
Environmental Analysis
Document
Solana 101
Development Project
EIR Outstanding
Environmental Analysis
Document
PGCC 9-21-2022

Harris & Associates, Inc. Part 3 | Consultant Identification and Team  30 David Mack, AICP 🔑

PROJECT MANAGER
David has more than 15 years of experience in community development and environmental planning. His planning experience includes facilitating planning permit compliance and review, analyzing, preparing, and reviewing CEQA documents, including NDs, MNDs, and EIRs. He also processes and reviews proposed development projects, including general plan amendments, specific plans, and rezoning requests.

RELEVANT EXPERIENCE
• County of Monterey, General Planning/CEQA Compliance. Planner.

David processed, prepared, and reviewed CEQA documents, including NDs, MNDs, and EIRs, and assisted with the update of the Municipal Code, including the zoning ordinance and the general plan. David and his staff have worked with Monterey County staff to timely produce environmental review documents and staff reports in a timely manner, below budget for the past year.
• City of Marina, General Planning/CEQA Compliance. Lead Planner. David processed, prepared, and reviewed CEQA documents, including NDs, MNDs, and EIRs, and assisted with the update of the City’s Municipal Code, including the zoning ordinance and general plan. David and the team’s support centered in current and long-range planning experience, which allows City staff to focus on projects for which they would not otherwise have time and resources.
• County of Humboldt, Planning Support Services. Project Manager/ Senior Planner. Under David’s leadership, Harris is assisting the County of Humboldt with planning and environmental compliance services, including cannabis discretionary permit applications, current planning applications, managing environmental review processes, and preparing and providing third party review of CEQA documentation. Harris has delivered detailed, concise, and complete staff reports and conducted public presentations for Humboldt County for two years. During that time, decision makers with Humboldt County have positively commented on the work product delivered.
• City of Watsonville, Mountain Propane Expansion Technical Studies.

Project Manager. The project included the preparation of cultural resources, air quality/GHG emissions, hazardous materials, and traffic studies. David and the team also prepared a guidance memorandum for the City to use when determining the appropriate level of CEQA review. The team also assisted Watsonville Planning staff throughout the public hearing process.

EDUCATION
BA, Environmental
Studies

REGISTRATION
Association of
Environmental
Professionals (AEP)
American Planning
Association (APA)

CERTIFICATIONS
American Institute
of Certified Planners
(AICP)
PGCC 9-21-2022

Harris & Associates, Inc. Part 3 | Consultant Identification and Team  31 Kate Elliott 🔑

QUALITY ASSURANCE/QUALITY CONTROL MANAGER
Kate has more than 30 years of experience in project management of CEQA environmental compliance documents for development and infrastructure projects, including complex and controversial projects. Her infrastructure experience includes pedestrian/bicycle trail, roadway, bridge, water, sewer, and pipeline projects. Her development experience includes residential, mixed use, park, and recreation projects. Kate has led large multidisciplinary teams throughout Monterey County—she possesses excellent written and interpersonal communication skills, as well as being organized, attentive to detail, and committed to producing high quality legally defensible work products.

RELEVANT EXPERIENCE
• Transportation Agency for Monterey County (TAMC), Fort Ord Regional Trail and Greenway (FORTAG) EIR. CEQA Advisor and QA/QC Reviewer.

Harris worked with Alta Planning + Design and other consultants on FORTAG, a 30-mile network of paved trails located within former Fort Ord, Marina, Seaside, Del Rey Oaks, and Sand City. The scope included preparation of the FORTAG EIR and supporting Caltrans technical studies because a portion of the trail received federal funding. Kate managed preparation of the Caltrans Location Hydraulic Study and Floodplain Encroachment Report, and the Air Quality, Noise, and Water Quality Technical Memoranda, and EIR.
• County of Monterey, Pebble Beach Environmental Impact Reports (EIRs).

Project Manager. Prior to joining Harris, Kate was the project manager for two controversial projects in Pebble Beach, California. The Pebble Beach Development and Preservation Plan EIR allowed for the creation of 90 single-family residential lots, renovation, and expansion of visitorserving uses, construction of three new hotels, expansion of two conference facilities, and relocation of a driving range. Kate also managed the subsequent Inclusionary Housing EIR, which evaluated the development of 24 affordable housing units on an undeveloped 13-acre site in Pebble Beach.

The EIR process exceeded the minimum requirements by analyzing project alternatives at an equal level of detail. Both projects were controversial and subject to legal challenge, and Kate was instrumental in confirming the documents were legally defensible.
• City of Watsonville, General Plan Environmental Justice Element, and Local Hazard Mitigation Plan. Project Director. Harris assisted the City in developing the City’s EJ Element in compliance with Senate Bill 1000. Kate’s role is to work with Harris’ analysts and equitable community specialist to oversee preparation of the EJ Element, and to prepare the required General Plan EIR Addendum.

EDUCATION
MA, Urban Geography
BA, Geography

AFFILIATIONS
Association of
Environmental
Professionals (AEP)
American Planning
Association (APA
American Public Works
Association (APWA)
PGCC 9-21-2022

Harris & Associates, Inc. Part 3 | Consultant Identification and Team  32 Darin Neufeld, AICP 🔑

STRATEGIC ADVISOR
Darin has over 15 years of experience in environmental planning and project management, eight of those working for lead agencies. He specializes in CEQA compliance. He has experience with master planning communities, commercial/ retail, industrial, renewable energy, climate action planning, and long-range planning projects. Darin manages complex projects including General Plan amendments, community plans, safety elements, vulnerability assessments, Climate Action Plan (CAP), and large-scale renewable energy projects.

RELEVANT EXPERIENCE
• City of Watsonville, CAAP. Project Manager. Darin led the City of Watsonville’s climate resilience planning efforts, which encompass the preparation of the City’s first Local Hazard Mitigation Plan, CAAP, EJ Element, and incorporating these disparate analyses into the General Plan to meet State mandates. The State of California Office of Emergency Services uses the documents Harris prepared as a model for other agencies. • City of Victorville, General Plan Update and Program EIR. Safety Element Author. Darin is helping to prepare the Safety Element as part of the 6th Cycle Housing Element for the City of Victorville that involves a Land Use Element (LUE) Update, a Safety Element Update, and an EJ Element Update.

Harris is also preparing environmental documentation including an MND in support of the Housing Element and a Program EIR for the Land Use, Safety and EJ Elements. The Housing Element was one of only nine in the region (out of 190) to be certified by HCD on time.
• City of Santee, Environmental Justice and Safety Element Update. EJ and Safety Element Lead. Darin managed the EJ and Safety Elements for the City of Santee. Darin conducted existing conditions for environmental justice and hazards profiles for safety and developed goals and policies for the joint element. Darin coordinated with the City and prepared materials for City Council workshop, stakeholder meetings, and CEQA documents for public review. The City’s combined element is one of a kind that centers equity and justice with safety policy and implementation.
• County of San Diego, Staff Support Services. Project Manager. Harris is providing contract staff support services related to CEQA to support the Planning & Development Services Project Planning Division. Darin is Project Manager and authors and reviews Exemptions, 15183 Checklists, ISs, MNDs, and EIRs. Darin’s expert advice and close coordination with the County and the Office of County Counsel has led to legally defensible, high-quality documents delivered on time and within budget.

EDUCATION
BA, History
MA, Urban History

CERTIFICATIONS
AICP Certified Planner,
American Institute of
Certified Planners
PGCC 9-21-2022

Harris & Associates, Inc. Part 3 | Consultant Identification and Team  33 Joseph Sidor 🔑

STRATEGIC ADVISOR
Joseph has more than 14 years of experience in community development and environmental planning. His planning experience includes facilitating planning permit compliance and review, analyzing, preparing, and reviewing CEQA documents, including NDs, MNDs, EIRs, and processing and reviewing proposed development projects, including general plan amendments, specific plans, and rezoning requests. Joseph prepares clear and precise documents/ reports and presentations that effectively convey the facts.

RELEVANT EXPERIENCE
• City of Pacific Grove, Planning Support Services. Planner. Harris has been providing planning support/staff augmentation services to the City of Pacific Grove since September 2021. Joseph serves as a contract planner for development applications, including architectural permits, use permits, coastal development permits, amendments, and historic determinations.

Joseph also assists in CEQA compliance for discretionary permits and entitlements. Throughout the duration of this project, Joseph’s proximity to the site and proactive attitude have allowed him to act immediately to client needs contributing the projects continued success. • County of Monterey, Planning and Project Management. Senior Planner/ Project Manager. Joseph served as a senior planner and project manager for the County of Monterey for 14 years. He is experienced in processing the full spectrum of routine and complex permit types including design approvals, standard subdivisions, and General Plan Amendments. Joseph managed the following tasks:
– Prepared numerous environmental documents (ISs and Addenda), and managed consultant contracts for two major project EIRs. He was the planning lead for the Pebble Beach Development and Preservation Plan EIR and the subsequent Pebble Beach Inclusionary Housing EIR. – Effectively coordinated inter-agency/departmental project reviews, including Land Use Advisory Committees (liaison), Airport Land Use Commission (primary staff support for 10 years), Housing Advisory Committee, Agricultural Advisory Committee, Historic Resources Review Board, and Big Sur Multi-Agency Advisory Council. Prepared effective presentations before the County’s land use hearing authorities. – Led major planning projects including the 2013 Pfeiffer Wildfire Response, 2019 Airport Land Use Compatibility Plans for Monterey Regional Airport and Marna Municipal Airport, Del Monte Forest land Use Plan Policy 20 Update, Caltrans Rocky Creek Viaduct on Highway 1, and Foundation Windpower Commercial Wind Energy Conversion System.

EDUCATION
MS, International
Relations
BA, Political Science

AFFILIATIONS
Association of
Environmental
Professionals (AEP

TRAININGS
CEQA 202: Exemptions
Advanced CEQA/NEPA
PGCC 9-21-2022

Harris & Associates, Inc. Part 3 | Consultant Identification and Team  34 Bill Halligan, Esq. 🔑
SR. ENVIRONMENTAL COUNCIL
In over 30 years of both public and private sector planning experience, Bill has prepared environmental documents for a diverse range of projects including small-scale residential and large planned communities, high-rise commercial office, industrial, and mixed use. General Plan projects include, among many others, EIRs for the cities of Anaheim, Irvine, Los Alamitos, San Clemente, Westminster, and Ontario, and for LA County. In addition to CEQA documentation, Bill provides third-party review for legal adequacy of EIRs prepared by other consultants. His diverse background provides him with a unique understanding of planning and zoning law and CEQA. With Bill’s input, environmental documents prepared by Harris can continually withstand legal challenge.

RELEVANT EXPERIENCE
• City of Vacaville, General Plan Update and EIR. Senior Advisor. Bill was involved in the development of pre-litigation strategies and prepared the final Program EIR responses to comments for the City’s General Plan Update. Through Bill’s detailed negotiations, the potential litigant decided not to file a lawsuit.
• County of Butte, General Plan Update and EIR. Senior Advisor. Bill was involved in pre-litigation strategies and final EIR reports to comments for the County’s General Plan Update. During this process Bill worked in close collaboration with the County attorney. Through detailed negotiations and an acute attention to detail, the team was able to resolve all issues without filling a lawsuit.
• City of Los Alamitos, General Plan Update and EIR. Bill prepared the Program EIR for the City’s General Plan Update. The focus of the update was to strengthen the city’s economic position, reaffirm its policy foundation and vision, and comprehensively evaluate several issues including a plan for the commercial corridors and downtown, the need for additional park space, increased coordination with the school district, the recent adoption of the Medical Center Specific Plan, and the need to explore economic development opportunities in a built-out environment. • City of Irvine, Irvine Business Complex (IBC) Vision Plan and EIR. Project Director/Project Manager. As a consultant to the City, Bill assisted the City in developing and updating a transfer of development rights (TDR) program for all parcels with the IBC. He also prepared the Program EIR for the project to allowing an increase in total units in the IBC from 9,015 units to 15,000 units. In addition, a total of 1,598 density bonus units could be allowed in accordance with state law, for a total of 17,038 units.

EDUCATION
JD, Law ( Emphasis:

Environmental, Land
Use and Real Estate
Law)
BA, Social Ecology
(Emphasis:

Environmental Analysis
and Design)

REGISTRATION
Bar Certified Attorney,
CA
PGCC 9-21-2022

Harris & Associates, Inc. Part 3 | Consultant Identification and Team  35 Esther Daigneault 🔑
SR. ENVIRONMENTAL ANALYST
Esther has 19 years of experience preparing CEQA and NEPA environmental compliance documents for public and private development and infrastructure projects. Development experience includes but not limited to residential, commercial, detention facility, park, and trail projects. Infrastructure experience includes roadway, bridge, flood control facilities and sewer replacement projects.

Esther has experience in all aspects of project management from preparing and reviewing technical reports and environmental assessment documentation, to budget and schedule compliance and invoicing.

RELEVANT EXPERIENCE
• City of Irvine, Housing Element MND. CEQA Analyst. Harris’ in-house planners prepared Irvine’s 6th cycle Housing Element Update, which allocated 23,610 units to the City over the 2021-29 period. Esther assisted in the preparation of the Negative Declaration to address the environmental impacts associated with the approval of the Housing Element. Irvine’s Housing Element was recently certified by California HCD. • City of El Centro, General Plan Update and Program EIR. CEQA Analyst. The City of El Centro recently updated the General Plan Land Use and Mobility Element, as well as the EJ Element. The Program EIR identified a range of potential impacts resulting from future development and identified a range of potential impacts and mitigation measures that future development must implement. The PEIR incorporated analysis available from regional planning agencies to streamline the project analysis and mitigation measure development. Esther assisted in writing several sections of the Program EIR. Despite schedule delays, Harris brought this project in on time and within budget.
• City of Escondido, Program EIR for East Valley Specific Plan. CEQA Analyst. The East Valley Specific Plan will guide redevelopment of the underutilized residential and commercial land into a new neighborhood with a mix of residential, commercial, public, and open space uses in accordance with the City’s Sixth Cycle Housing Element. Esther assisted in preparing several sections the Program EIR.
• City of Victorville, General Plan Update and Program EIR. CEQA Analyst.

Harris prepared the Victorville’s 6th cycle Housing Element Update. The City is updating the Land Use Element and Safety Element of the Victorville General Plan and creating a new EJ Element. The Harris team will prepare a Program EIR to address the impacts of the General Plan Update and allow for streamlining of future environmental review for General Plan Updatecompliant projects. The Housing Element was one of only nine in the region (out of 190) to be certified by HCD on time.

EDUCATION
BS, Marine Science
Biology
MS, Oceanography
PGCC 9-21-2022

Harris & Associates, Inc. Part 3 | Consultant Identification and Team  36 Alec Barton, AICP

ENVIRONMENTAL ANALYST
Alec is a planner and environmental analyst with four years’ experience preparing and/or processing multiple levels of discretionary permits, general plans, specific plans, crafting ordinance language, preparing staff reports and conducting public hearings before the Zoning Administrator, Planning Commission, and Board of Supervisors/City Council. Alec has experience in both current and long-range planning.

RELEVANT EXPERIENCE
• County of Monterey, Planning Support Services. Planner/Environmental Analyst. Harris staff are providing planning support services for the County that include processing Conditional Use Permits and preparing staff reports, environmental documents, and technical studies. Recent environmental documents include initial studies for residential projects in the Carmel area. Harris staff are addressing a backlog in development applications, streamlining permitting processes for applicants.
• Cities of San Juan Bautista and Marina, Planning Support Services.

Planner. Harris has provided planning support services to the Cities of San Juan Bautista since November 2019, and the City of Marina since December 2021. Alec serves as a contract planner for development applications, including administrative permits, design review permits (major and minor), subdivision applications, conditional use permit, and historic alternation permits. Alec also assists in CEQA compliance for discretionary permits and entitlements within the City of Marina. Harris support centered in current and long-range planning experience allows staff in these cities to focus on projects for which they would not otherwise have time.
• City of Seaside, CEQA Support for Fort Ord Demolition. Planner. The Harris team identified required mitigation measures for the City of Seaside’s Fort Ord building demolition associated with Campus Town development by reviewing relevant EIRs and preparing a memorandum with a summary of the measures. Alec will assist the team by providing noise/construction monitoring for this project beginning in June 2022. Harris staff are helping the city to minimize the impacts associated with construction. • City of Marina, Downtown Vitalization Specific Plan. Assistant Planner.

While working for the City of Marina, Alec prepared a specific plan aimed at vitalization and densification of Marina’s suburban downtown. He analyzed data, interviewed stakeholders, and prepared charts, maps, and graphics displaying relevant information. The plan will guide development in central Marina for decades and help the city reach its affordable housing goals.

EDUCATION
MS, City & Metropolitan
Planning
BS, Geography

CERTIFICATIONS
American Institute
of Certified Planners
(AICP)

ASSOCIATIONS
American Planning
Association
Association of
Environmental
Professionals
PGCC 9-21-2022

Harris & Associates, Inc. Part 3 | Consultant Identification and Team  37 Sarah Faraola

ENVIRONMENTAL ANALYST
Sarah is an environmental analyst for planning project applications and CEQA/NEPA documents, specializing in geology and hydrology. Sarah also provides planning support services by assisting senior planners with staff report preparation, compliance review, and development consistency analysis. She has strong writing skills, a background in groundwater research and geologic consulting, and has interned with the California Coastal Commission (CCC) Enforcement Program.

RELEVANT EXPERIENCE
• County of Monterey, CEQA Documentation and Permitting Support for Public Works Projects. Project Coordinator. Sarah is preparing the CEQA documentation (Categorical Exemptions with supporting memoranda) and permit applications for several County Public Works projects, including the River Road and Culvert Repair, Las Lomas Drainage Repair, Tassajara Road Culvert Repair, Carmel Valley Road Slope Repair. Complex permit applications were completed for the client amidst a changing project description.
• City and County of Santa Cruz, Coastal Rail Trail Segments 8-9 and 10-11 EIRs. Project Coordinator/Environmental Analyst. Sarah is preparing the geology/soils and hydrology/water quality analyses for both the City’s Rail Trail Segments 8/9 EIR and the County’s Rail Trail Segments 10/11 EIR for the County. Together, the projects comprise 6.7 miles of a bicycle and pedestrian system that would extend along the Santa Cruz Branch Rail Line corridor, from the Beach Street/Pacific Avenue Roundabout in the City on the west to State Parks Drive in unincorporated County on the east. • City of Seaside, Fremont Sewer Main Rehabilitation CEQA Documentation.

Environmental Analyst. Sarah prepared the supporting technical memorandum for the CEQA Categorical Exemption prepared for the project.

She also provided technical assistance in reviewing and compiling all of the project maps and figures, reviewing the engineering plans to determine additional project Best Management Practices (BMPs) required to protect sensitive resources, worked with the neighboring jurisdiction of Sand City to confirm Coastal Zone project compliance, and reviewed relevant databases to obtain CEQA compliance information. Esther provided attention to detail in explaining each phase of project implementation, which established that all resources are adequately protected throughout construction.

EDUCATION
BS, Earth Science

TRAINING
CEQA Essentials
Workshop
Coastal Act, California
Coastal Commission
Streambank
Restoration, U.C. Davis
Land Use Continuing
Education Program

ASSOCIATIONS
American Geophysical
Union
Association of
Environmental
Professionals
PGCC 9-21-2022

Harris & Associates, Inc. Part 3 | Consultant Identification and Team  38 Emily Mastrelli

BIOLOGICAL RESOURCES
Emily Mastrelli is a wildlife biologist with thirteen seasons of field experience and expertise in environmental compliance. She also has regulatory permitting experience and experience as a project manager and coordinator. As a senior wildlife biologist, Emily has had many years of experience with threatened and endangered species. She holds a USFWS Section 10(a)(1)(A) TE permit to survey for and band California gnatcatchers, survey for vernal pool branchiopods, and to survey for Quino checkerspot butterfly. She is an expert in California gnatcatchers having surveyed over 1,000 hours in occupied habitat. She also has experience with least Bell’s vireo, southwestern willow flycatchers, and sensitive mammals. Emily has experience authoring and reviewing various biological technical documents.

RELEVANT EXPERIENCE
• City of Victorville, General Plan Update Program EIR. Senior Biologist.

The Harris team is currently in progress of completing a Housing Element, Land Use Element, and EJ and Safety Element update to be included in the City’s 2021-2029 General Plan Update, as well as a comprehensive EA to accompany the updates. Emily will be providing Senior Biological review for this project. The Harris team completed a habitat evaluation of the entire City of Victorville and its Sphere of Influence Area, identified habitat corridors and the most sensitive areas to avoid when planning for future development.
• City of San Marcos, On-Call Environmental Services. Senior Biologist.

Harris is providing on-going regulatory agency (USACE, CDFW, USFWS) coordination and compliance expertise, as well as third-party document review. Our team is also providing biological reconnaissance surveys and environmental expertise. From peer review of other consultant work, to preparing a Biological Report Guideline, to quick questions about CEQA strategies, Harris has become a trusted advisor to San Marcos staff. • City of Murrieta, Los Alamos Sports Complex Project. Senior Biologist.

Emily is leading all biological survey efforts including Stephens’ kangaroo rat trapping, California gnatcatcher protocol surveys, vernal pool branchiopod wet season surveys, burrowing owl surveys, vegetation mapping, and biological reconnaissance surveys. Emily is providing environmental compliance expertise on biological constraints surveys to identify sensitive habitat to avoid when designing the soccer complex. With the understanding of the sensitive areas on-site, the City was able to design a soccer complex, while minimizing impacts to sensitive species such as the California Gnatcatcher and Stephens Kangaroo Rat.

EDUCATION
BA, Biology

CERTIFICATIONS
BBL Master Federal Bird
Banding Permit
Endangered Species
Recovery Permit
10(a)1(A)
Scientific Collecting
Permit
PGCC 9-21-2022

Harris & Associates, Inc. Part 3 | Consultant Identification and Team  39 Sharon Toland

AIR QUALITY, GREENHOUSE GAS, AND NOISE SPECIALIST
Sharon has 15 years of experience as an environmental analyst and technical specialist for air quality, climate change, GHG Emissions, and noise. Her extensive experience includes CEQA and NEPA documents for a wide variety of mixed-use, residential, and coastal developments, planned communities, and institutional and industrial development projects. Sharon also prepares CAPs and has experience developing effective mitigation for GHG Emissions.

RELEVANT EXPERIENCE
• City of Escondido, Program EIR for Sixth Cycle Housing Element and Land Use/Zoning. Air Quality/GHG/Noise Analyst. The Sixth Cycle Housing Element includes the development of the East Valley Specific Plan to guide redevelopment of the underutilized residential and commercial land of low-intensity general retail, office, restaurants, and small-scale service businesses into a new neighborhood with a mix of residential, commercial, public, and open space uses. Sharon worked in close coordination with the project traffic consultant to development project‐specific air quality and greenhouse gas modeling assumptions to more accurately reflect to the project’s complete streets and alternative transportation components. • City of El Centro, General Plan Update and Program EIR. Air Quality/ GHG/Noise Analyst. The City of El Centro recently updated the GP Land Use and Mobility Element and EJ Element. The GP elements are designed to improve sustainability, promote public health, and anticipate future advancements in transportation technology. Sharon prepared the air quality, greenhouse gas emissions, noise, technical, and energy analyses for the City.

The Harris team incorporated analysis available from regional planning agencies, such as Imperial County Transportation Commission and Imperial County Air Pollution Control District to streamline the project analysis and mitigation measure development.
• Santa Cruz County Regional Transportation Commission, North Coast Rail Trail EIR. Air Quality/GHG/Noise Analyst. The project is a 7.5-mile paved multi-use bicycle and pedestrian trail proposed to extend along the Regional Transportation Commission (RTC)-owned railroad corridor from Wilder Ranch State Park on the south to Davenport on the north in unincorporated Santa Cruz County. The project comprises Segment 5 of the larger Monterey Bay Sanctuary Scenic Trail (MBSST) Network. Sharon prepared the air quality, greenhouse gas emissions, and noise technical analyses and prepared the EIR sections. Sharon worked closely with RTC staff to develop a project‐specific greenhouse gas analysis that reflected the unique elements of the project.

EDUCATION
BA, Environmental
Studies

CERTIFICATIONS
Certified CEQA
Consultant Noise,
County of San Diego
Approved Air Quality
and Noise Specialist,
County of San Diego

TRAINING
AERMOD Air Dispersion
Modeling,
FHWA Traffic Noise
Model 2.5,
Advanced CEQA
Workshop
PGCC 9-21-2022

Harris & Associates, Inc. Part 3 | Consultant Identification and Team  40 Donna Beddow, RPA

CULTURAL AND TRIBAL RESOURCES
Donna is a senior archaeologist with over 20 years of experience managing or being a member of multi-disciplinary teams. She specializes in cultural resources and Tribal Cultural Resources and has extensive experience with Native American consultation, including Assembly Bill (AB) 52, Senate Bill (SB) 18, and Sacred Lands. Her experience includes the review and preparation of CEQA documents. She has managed highly complex projects involving sensitive or difficult environmental issues and has resolved major project issues and public controversies though applicant engagement and coordination with the public and Tribes. Donna has reviewed and prepared cultural resources studies and CEQA documents for both private and public development projects.

RELEVANT EXPERIENCE
• City of Escondido, Program EIR for Sixth Cycle Housing Element and Land Use/Zoning. Archaeologist. The Sixth Cycle Housing Element includes the development of the East Valley Specific Plan to guide redevelopment of the underutilized residential and commercial land of low-intensity general retail, office, restaurants, and small-scale service businesses into a new neighborhood with a mix of residential, commercial, public, and open space uses. It would accommodate increased housing density and other transitsupportive uses and improvements. Donna managed the cultural and tribal cultural resources requirements for the project. She wrote and revised sections, identified issues, performed tribal outreach pursuant to AB 52 and SB 18, and coordinated with the City on deliverables.
• County of San Diego Planning & Development Services, Project Staff Support Services. Planner/Analyst. Harris is providing project staff support services to the County Department of Planning & Development Services.

Support services cover technical expertise of CEQA resource areas including CEQA documentation, biological resources, cultural resources, and noise.

Services also include reviewing environmental impact reports, mitigated negative declarations, negative declarations, 15183 checklists, addenda, categorical exemptions, and other CEQA documentation. The Harris team also conducts research and prepares reports and environmental documentation, project mitigation measures, conditions of approval, and project alternatives. In her role, Donna provided support services for the cultural resources subject area. She conducted cultural resource evaluations, reviewed and prepared cultural reports, conducted cultural surveys, and engaged in tribal consultations (Sacred Lands, AB-52, and SB-18). She engaged with consulting tribes post-project approval to determine appropriate mitigation when a project was not in compliance with its permit requirements.

EDUCATION
MA, Anthropology
BA, History

REGISTRATION
Registered Professional
Archaeologist (RPA)
PGCC 9-21-2022

Harris & Associates, Inc. Part 3 | Consultant Identification and Team  41 Matt Haynes, PE, AICP

TRANSPORTATION LEAD
Matt has over 20 years of experience and is an expert in sustainable transportation planning. He has an extensive background in integrated transportation and land use studies, bicycle and pedestrian planning, multimodal corridor studies, and transportation impact analysis. Matt has managed numerous multimodal transportation studies, bicycle and master plans, and citywide master planning efforts throughout the state.

RELEVANT EXPERIENCE
• California State University Monterey Bay, Campus Master Plan. Principalin-Charge. The Master Plan included an emphasis on multimodal access and circulation strategies to effectively and sustainability guide campus growth over the next several years. Fehr & Peers is also leading the transportation analysis and SB 743 VMT assessments as part of the Master Plan EIR. With the recent publication of the EIR, Fehr & Peers provided CSUMB with a comprehensive VMT assessment that demonstrates the benefits of CSUMB’s live-work housing policy, and Transportation Demand Management and Parking Management programs.
• City of Monterey, Monterey City-wide Transportation and Parking Plan.

Project Manager. Matt managed the development of a comprehensive circulation analysis and multimodal transportation plan for the City of Monterey. The analysis evaluated opportunities to enhance bicycle, pedestrian, and transit access. Fehr & Peers provided the City of Monterey with a Plan that requires future transportation systems to be multi-modal rather than focused on the automobile.
• University of California Santa Cruz, UCSC Long Range Development Plan. Project Manager. The LRDP included a comprehensive set of strategies and TDM measures that will support UCSC’s overall transportation, land use and sustainability goals. The project also involved developing a trip planning tool to test and evaluate various land use and transportation alternatives. Fehr & Peers developed a highly innovative transportation approach for the UCSC LRDP and delivered the project on schedule and within budget.
• County of Santa Cruz, Sustainable Santa Cruz County Plan. Principal-inCharge. The Sustainable Santa Cruz County Plan envisions an integrated transportation and land use framework for portions of Santa Cruz County between the City of Santa Cruz and Aptos. Fehr & Peers provided the County of Santa Cruz with expertise on issues and options for adopting new policies to support multimodal travel to reduce greenhouse gas emissions.

EDUCATION
MS, Transportation
Engineering
MCP, City and Regional
Planning
BS, Civil and
Environmental
Engineering (with
honors)

REGISTRATION
Registered Civil
Engineer, State of
California

CERTIFICATIONS
American Institute
of Certified Planners
(AICP)
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Harris & Associates, Inc. Part 3 | Consultant Identification and Team  42 Dan Rubins, PE

TRANSPORTATION SUPPORT
Daniel is an effective project manager recognized by his clients for his communication style and his ability to keep them informed of important project information and milestones. He is passionate about forecasting and travel behavior analysis and is recognized as one of Fehr & Peers’ Travel Behavior and Forecasting experts. He thrives on complex projects with interesting challenges that require innovative solutions. He has more than 17 years of experience in transportation planning and traffic engineering, and has successfully completed transportation planning studies, citywide climate action plan, General Plan circulation studies, transportation impact analysis studies, SB 743 implementation studies, street design standards studies, site access and on-site circulation studies, transportation operations analysis, and citywide model development projects.

RELEVANT EXPERIENCE
• California State University Monterey Bay, California State University Monterey Bay Comprehensive Master Plan EIR. Project Manager. Mr.

Rubins was responsible for the preparation of the CSUMB Master Plan transportation impact analysis (TIA). As part of the analysis, Fehr & Peers conducted a person trip survey to prepare local trip estimates, and a subarea AMBAG travel forecast model to improve the future forecasting of traffic volumes and VMT estimates. The transportation analysis included an intersection operations analysis and a SB 743 VMT assessment of the proposed project. Mr. Rubins worked with the project team to develop VMT modeling and VMT accounting methods to conduct a SB 743 VMT assessment to determine if the proposed project would have an effect on the environment. With the recent publication of the EIR, Fehr & Peers provided CSUMB with a comprehensive VMT assessment that demonstrates the benefits of CSUMB’s live-work housing policy, and Transportation Demand Management and Parking Management programs.
• City of Seaside, Campus Town Specific Plan TIA. Associate-in-Charge. Mr.

Rubins served as associate-in-charge for the transportation analysis of the Campus Town Specific Plan, an 85-acre site in Seaside that will consist of residential (student and market housing), retail, and office. This analysis was closely tied to the growing number of students at California State University at Monterey Bay given that the project is anticipated to house mostly professors and students. This analysis consisted of multiple roundabout analyses using Synchro, transit capacity analysis, and concurrence with County and City transportation plans. Fehr & Peers delivered the transportation analysis on-time under an expedited project schedule and within budget.

EDUCATION
MS, Civil and
Environmental
Engineering
BS, Civil and
Environmental
Engineering

REGISTRATION
Registered Professional
Engineer, State of
California
PGCC 9-21-2022

Harris & Associates, Inc. Part 3 | Consultant Identification and Team  43 Charlie Coles

SENIOR TRANSPORTATION PLANNER
Charlie is a senior transportation planner at Fehr & Peers with substantial experience in developing and managing multimodal transportation planning efforts throughout California. He balances a strong ability to complete technical analysis with public speaking, writing and presentation skills, which makes his recommendations comprehensible to planners, engineers, the public and decision makers. Charlie’s recent experience includes several long-range transportation plans, including the Town of Los Gatos General Plan 2040 Update and EIR, the City of Campbell Envision 2040 General Plan Update and EIR, the Town of Portola Valley Housing Element and Safety Element Updates and EIR, and the Housing Element Update for Redwood City. Charlie is also the leader of FP Think, an internal discipline group that researches how emerging trends may affect short- and long-term travel behavior.

RELEVANT EXPERIENCE
• Town of Los Gatos, Los Gatos General Plan 2040 Update and EIR. Project Manager. Charlie is leading preparation of the mobility sections in the background report and alternatives analysis, mobility element policies, and transportation analysis (TA) for the Los Gatos General Plan 2040 Update and EIR. Fehr & Peers used the base year (2015) and future year (2040) scenarios in the VTA Travel Model to develop transportation-related data used for the TA and air quality and energy sections in the EIR. The TA includes an intersection operations analysis and a VMT assessment to evaluate the effects of the proposed project on the environment. The TA was incorporated directly into the General Plan EIR. Fehr & Peers is working with Town staff to leverage the General Plan update to clear future development under the General Plan CEQA VMT analysis to aid the Town in “Day One” implementation of the General Plan.
• City of Campbell, Campbell Envision 2040 General Plan Update. Project Manager. Charlie is leading the preparation of the circulation sections in the existing conditions report and alternatives analysis, updated transportation element policies, and transportation analysis (TA) for the City of Campbell Envision General Plan Update and EIR. Charlie is currently providing Senate Bill (SB) 743 implementation guidance and recommendations for the City of Campbell’s environmental assessment for the General Plan Update. Working closely with City staff, Fehr & Peers developed cumulative thresholds of significance which will be advantageous for the City of Campbell in streamlining the review of subsequent land use and transportation projects.

EDUCATION
MS, City and Regional
Planning
MS, Engineering,
Transportation
Planning Specialization
BS, Business Marketing,
Minor in International
Business
PGCC 9-21-2022

Harris & Associates, Inc. Part 4 | Related Project Examples and References  44 Experience and References
The Harris Environmental Planning & Compliance team is working on a wide variety of projects. The projects described below are ongoing or were completed within the last ten years. The projects include the following EIRs and MNDs with the lead agency following the project title. Per the requirements of RFP, Harris has provided a reference for each featured project. • County of Monterey, Pebble Beach Development and Preservation Plan EIR • County of Monterey, Pebble Beach Inclusionary Housing EIR • City of Victorville, 2021 - 2029 General Plan Update and Program EIR • City of El Centro, El Centro General Plan Update and Program EIR • City of Walnut Creek, Housing, Safety and CEQA Elements • City of Irvine, Housing Element and MND
• City of Santee, Safety, Environmental Justice Elements, and MND • Santa Cruz County RTC, North Coast Rail Trail EIR
• Transportation Agency of Monterey County, Fort Ord Regional Trail and Greenway EIR PART 4 | RELATED PROJECT

EXAMPLES AND REFERENCES
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Harris & Associates, Inc. Part 4 | Related Project Examples and References  45 Pebble Beach Development and Preservation Plan EIR
County of Monterey
Project Summary: Prior to joining Harris, QAQC Manager Kate Elliott and Strategic Advisor Joseph Sidor prepared the Pebble Beach Development and Preservation Plan EIR project. This plan was prepared in conjunction with the County to evaluate the creation of 90 single-family residential lots, expansion of visitor-serving uses, and preservation of 630 acres of undeveloped forested open space in the unincorporated Del Monte Forest area, located in the Coastal Zone.

This EIR allowed for the creation of 90 single-family residential lots, renovation and expansion of visitor-serving uses and conference facilities at two hotels, construction of one new hotel, redevelopment of an equestrian center, and relocation of a driving range. This project was controversial and subject to legal challenge; Kate was instrumental in preparing the high quality, legally defensible EIR.

Scope: Kate oversaw the preparation of the Draft EIR, supporting technical studies, and Final EIR, conducted QA/QC of the documents, and managed a large disciplinary multidisciplinary team including subconsultants. Joseph was the County planner leading the effort, reviewing the EIR, and presenting the project to the Board of Supervisors.

Success at Meeting CEQA Documentation Timelines, Budget, and Project Objectives: Project and all associated CEQA documentation was completed on-time and on-budget, and the team was successful in meeting project objectives.

DESCRIPTIVE INFORMATION
Location: Monterey County, CA
Dates: 2010 - 2012
Scale: 90 single family
residential lots, 630 acres of
open space
Contract Amount: $595,000
Team Member(s) Involved:
• Kate Elliott, Project
Manager
• Joseph Sidor, Lead Planner/
EIR Contract Management
(for County of Monterey)
Client and Lead Agency:

County of Monterey
Client Contact: Carl P. Holm,
AICP, Director of Community
Development and Natural
Resources, Delta County,
Colorado
(Formerly Director of the
Resource Management Agency,
Monterey, California)
(E): [email protected]
(P): 970.874.2150
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Harris & Associates, Inc. Part 4 | Related Project Examples and References  46

DESCRIPTIVE INFORMATION
Location: Monterey County, CA
Dates: 2014 - 2016
Scale: 13 acres
Contract Amount: ~$400,000
Team Member(s) Involved:
• Kate Elliott, Project Manager
• Joseph Sidor, Lead Planner/
EIR Contract Management (for
County of Monterey)
Client and Lead Agency: County
of Monterey
Client Contact: Carl P. Holm,
AICP, Director of Community
Development and Natural
Resources, Delta County,
Colorado
(Formerly Director of the
Resource Management Agency,
Monterey, California)
(E): [email protected]
(P): 970.874.2150
Pebble Beach Inclusionary Housing EIR
County of Monterey
Project Summary: Prior to joining Harris, Contract and
QAQC Manager Kate Elliott and Strategic Advisor Joseph Sidor prepared the Pebble Beach Inclusionary Housing EIR project which evaluated the development of 24 affordable housing units on an undeveloped 13-acre site in Pebble Beach. Key issues in the latter EIR addressed include biological resources and traffic. The EIR process exceeded the minimum requirements by analyzing project alternatives at an equal level of detail. This project was controversial and subject to legal challenge; Kate was instrumental in confirming the documents were legally defensible.

Scope: Kate oversaw the preparation of the Draft EIR, supporting technical studies, Final EIR, conducted QA/QC of the documents, and managed a large disciplinary multidisciplinary team including subconsultants. Joe was the County planner leading the effort, reviewing the EIR, and presenting the project to the Board of Supervisors.

Success at Meeting CEQA Documentation Timelines, Budget, and Project Objectives: Project and all associated CEQA documentation was completed on-time and on-budget and the team was successful in meeting project objectives.

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Harris & Associates, Inc. Part 4 | Related Project Examples and References  47

DESCRIPTIVE INFORMATION
Location: Victorville, CA
Dates: 2020 - Ongoing (2022 Est.)
Scale: City-wide
Contract Amount: $485,000
Team Member(s) Involved:
• Diane Sandman, Project
Manager
• Michael Rupic, Safety/
Sustainability Analyst
Client and Lead Agency: City of
Victorville
Client Contact: Scott Webb,
City Planner
(E): [email protected]
(P): 760.955.5135
2021 - 2029 General Plan Update and Program EIR
City of Victorville
Project Summary: The Harris Team is currently preparing the City’s 2021-29 HEU, updates to the Land Use and Safety Elements, and a new EJ Element. The LUE and Housing Element were
directly correlated early in the planning process to facilitate the sites inventory for the 6th Cycle HEU. Harris is also preparing environmental documentation including an MND in support of the Housing Element and a Program EIR for the Land Use, Safety and EJ Elements.

The LUE update for this project includes revising the City’s land use designations to better reflect the type of growth desired in the city. To expand housing options and support “missing middle” unit types, two new mixed-use zones are proposed, along with a Smalllot Overlay Zone and a Health & Wellness Overlay designation.

Enhanced public outreach activities include focused sessions and three virtual Community Workshops hosted by the City’s Planning Commission.

Harris’ in-house team prepared the Housing Element in accordance with the updated HCD requirements as well as the Safety Element and a new EJ Element, per SB 1000, to address disadvantaged communities within the City. The Harris team is also leading the community outreach effort, including development and implementation of a public engagement plan.

Scope: Harris’ roles and responsibilities for the project include development of the City’s HEU, updates to the Land Use and Safety Elements, and creation of a new EJ Element.

Success at Meeting CEQA Documentation Timelines, Budget, and Project Objectives: Harris advised the City to bifurcate the CEQA process to meet HCD deadlines for the Housing Element. A standalone MND was prepared for the Housing Element, which has now been certified by HCD. Harris is continuing to work on the General Plan update (Land Use, EJ and Safety Elements) and prepare a Program EIR for those Elements.

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Harris & Associates, Inc. Part 4 | Related Project Examples and References  48

DESCRIPTIVE INFORMATION
Location: El Centro, CA
Dates: 2019 - 2021
Scale: City-wide
Contract Amount: $117,148
Team Member(s) Involved:
• Diane Sandman, Principal-inCharge
• Sharon Toland, Air Quality/
GHG/Noise
• Esther Daigneault,
Environmental Analyst
Lead Agency: City of El Centro
Client/Prime: City Place
Planning, Inc.

Lead Agency Contact: Angel
Hernandez, Associate Planner
(E): angel.hernandez@
cityofelcentro.org
(P): 831.768.3077
Client/Prime Contact: Claudia
Tedford, Principal
(E): claudia.tedford@
cityplaceplanning.com
(P): 858.245.8597
El Centro General Plan Update and Program EIR
City of El Centro
Project Summary: In close collaboration with the City and design team, Harris recently completed a General Plan Update for the City of El Centro, which included the preparation of the Land Use, Mobility, and EJ Elements, in compliance with the requirements of SB 1000. The Elements were designed to improve sustainability, promote public health, anticipate future advancements in transportation technology, and be internally consistent with the remainder of the General Plan.

The updated LUE recognizes the importance that aesthetics, design, and community character have on strengthening El Centro’s cultural uniqueness and its American and Mexican traditions by promoting the arts and culture as an integral element of the plan and its implementation. The Plan includes a new EJ Element that is designed to establish that all El Centro residents are treated equitably with respect to environmental regulations and are protected from disproportionate environmental and health burdens. The public outreach plan emphasized methods to confirm Spanish speakers had equal opportunity to provide input in development of the plan.

Harris prepared the Program EIR, which identifies potential impacts, on a program level rather than a specific project level that would result from project implementation. The Program EIR identifies a range of potential impacts resulting from future development allowed under the project, and will identify mitigation measures that future development may implement to reduce identified potentially significant effects.

Scope: Harris’ roles and responsibilities for this project included preparation of Land Use, Mobility, and EJ Elements associated with the General Plan Update in addition to the Program EIR for the City.

Success at Meeting CEQA Documentation Timelines, Budget, and Project Objectives: The project was completed on time and within budget. Harris worked with the City to prepare a focused Program EIR for the project, which included developing specific greenhouse gas policies for desert environments in order to meet state climate goals.

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Harris & Associates, Inc. Part 4 | Related Project Examples and References  49 Housing and Safety Elements and CEQA Review
City of Walnut Creek
Project Summary: In close collaboration with the City of Walnut Creek, Harris is preparing the required 6th Cycle HEU update and required Safety Element update in accordance with State law. Harris is also preparing a MND for the Safety Element and either MND or Statutory Exemption for the HEU. The success of this project is due to consensus among all stakeholders and the project team, including city staff and Harris team. Harris provides clear and concise information to all parties involved, especially information provided in reports to the Planning Commission and City Council. Harris is on track to submit the HEU to Housing and Community Development. Harris completed hazard profiles and conducted outreach with the city, public, and experts on the Safety Element update.

Scope: Harris’ roles and responsibilities for this project include preparation the Housing and Safety Elements associated with the General Plan Update in addition to a Statutory Exemption and MND for the City.

Success at Meeting CEQA Documentation Timelines, Budget, and Project Objectives: The project has been completed on time and within budget to date. Harris continues to work with the city to prepare the CEQA approach and documentation for the project, which includes coordination with the City Attorney on the CEQA approach for the HEU.

DESCRIPTIVE INFORMATION
Location: Walnut Creek, CA
Dates: 2021 - Present
Scale: City-wide
Contract Amount: $315,381
Team Member(s) Involved:
• Darin Neufeld, Safety Element
and CEQA Lead
Client and Lead Agency: City of
Walnut Creek
Client Contact: Andrew Smith,
Project Manager
(E): [email protected]
(P): 925.943.5899 x 2213
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Harris & Associates, Inc. Part 4 | Related Project Examples and References  50

DESCRIPTIVE INFORMATION
Location: Irvine, CA
Dates: 2022 - 2024 (Est)
Scale: City-wide
Contract Amount: $1,768,089
Team Member(s) Involved:
• Diane Sandman, Technical
Advisor
• Darin Neufeld, Technical
Advisor
Client and Lead Agency: City of
Irvine
Client Contact: Marika Poynter,
Principal Planner
(E): [email protected]
(P): 949.724.6456
2035 General Plan Update and Program EIR
City of Irvine
Project Summary: Harris prepared the City’s 2021-2029 HEU (involving 60,000 planned housing units) and was recently awarded the contract to complete the associated 2035 Irvine General Plan Update. The update will involve amending the City’s zoning ordinance and updating the LUE in accordance with the Housing Element, updating the Safety, Circulation and Noise Elements, creating a new Environmental and Climate Action Element, developing a strategic implementation plan, and overseeing the Program EIR and technical studies in accordance with CEQA. An extensive community outreach plan will be developed and implemented throughout the General Plan Update process.

The Harris Team will also prepare a Program EIR to
comprehensively address the environmental impacts, both direct and cumulative, of the General Plan Update and allow for streamlining of future environmental review for General Plan Update-compliant projects.

Scope: Harris’ planning and environmental teams are working together to prepare the General Plan Update Elements, conduct public outreach and oversee the Program EIR.

Success at Meeting CEQA Documentation Timelines, Budget, and Project Objectives: This project began in March. Harris has begun working on the General Plan update, including LUE, EJ and Safety Elements.

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Harris & Associates, Inc. Part 4 | Related Project Examples and References  51

DESCRIPTIVE INFORMATION
Location: Santee, CA
Dates: 2021 - 2022 (Est)
Scale: City-wide
Contract Amount: $80,870
Team Member(s) Involved:
• Diane Sandman, Principal-inCharge
• Darin Neufeld, EJ and Safety
Element Lead
Client and Lead Agency: City of
Santee
Client Contact: Chris Jacobs,
Principal Planner,
(E): [email protected]
(P): 619.258.4100 ext. 182
Safety and Environmental Justice Elements, and
Mitigated Negative Description
City of Santee
Project Summary: Harris is assisting the City in the preparation of a combined EJ and Safety Element of its General Plan. This work involves a community engagement process that featured a survey targeted to community members, including representatives from disadvantaged communities. Harris developed the existing conditions assessment for the EJ Element portion and is facilitating several workshops and outreach meetings to share the results and solicit input on policies. Harris identified objectives and policies to reduce the unique or compounded health risks in the City’s disadvantaged communities.

Harris is preparing the Safety Element portion in compliance with new state legislation. Utilizing the Adaptation Planning Guide and Cal-adapt, Harris is preparing a climate vulnerability assessment that identifies how climate change will impact the City. Our team is leading outreach workshops with City Council and community stakeholders to solicit input on goals and policies that would protect critical infrastructure and build community resilience to climate hazards. Harris is also preparing an IS/MND in compliance with CEQA.

Scope: Harris is preparing the combined Environmental Justice and Safety Element of the General Plan and an MND in compliance with CEQA.

Success at Meeting CEQA Documentation Timelines, Budget, and Project Objectives: Harris has completed the Draft EJ and Safety Element and will be releasing the MND for public review next. Harris has successfully adjusted to and met the City’s objectives and timelines.

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Harris & Associates, Inc. Part 4 | Related Project Examples and References  52

DESCRIPTIVE INFORMATION
Location: Santa Cruz County, CA
Dates: 2017 - 2020
Scale: 7.5-mile trail
Contract Amount: $604,750
Team Member(s) Involved:
• Kate Elliott, Project Manager
• Sharon Toland, Air Quality,
Greenhouse Gas Emissions,
Noise
Lead Agency: Santa Cruz
County Regional Transportation
Commission
Client/Prime: Rincon Consultants
Lead Agency Contact: Grace
Blakeslee
Senior Transportation Planner
(E): [email protected]
(P): 831.460.3219
Client/Prime Contact: Megan
Jones, Principal/Assistant Project
Manager,
(E): [email protected]
(P): 831.920.5424
North Coast Rail Trail EIR
Santa Cruz County Regional Transportation
Commission
This EIR won the 2018 Merit Award from the Association of Environmental Professionals.

Project Summary: Harris worked with the Santa Cruz County RTC, in cooperation with the FHWA’s Central Federal Lands Highway Division and other consultants (Rincon, EcoSystems West, and Kimley-Horn), to prepare an EIR for the proposed North Coast Rail Trail Project in northern Santa Cruz County.

The 7.5-mile multi-use trail is proposed to be developed along an existing rail corridor parallel to the coastline from Wilder Ranch State Park on the south to Davenport on the north. The project is part of the larger Monterey Bay Sanctuary Scenic Trail Network Master Plan, which includes a continuous 50-mile, multi-use trail extending the length of Santa Cruz County.

The proposed trail is on the coastal side of the tracks and includes a paved path with striping, parallel unpaved path and shoulder, fencing, educational signage, and parking improvements with trail connections at three locations along the alignment.

Scope: Harris’ roles and responsibilities include project management (Kate Elliott) and technical analyses for air quality, greenhouse gas, and noise (Sharon Toland), as well as land use and the extensive alternatives analysis.

Success at Meeting CEQA Documentation Timelines, Budget, and Project Objectives: Project is being completed on-time and on- budget. With the threat of litigation, a primary client objective was to produce a legally defensible EIR, which the team successfully accomplished.

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Harris & Associates, Inc. Part 4 | Related Project Examples and References  53

DESCRIPTIVE INFORMATION
Location: Monterey County, CA
Dates: 2019 - 2020
Scale: 30-mile trail network
Contract Amount: $117,615
Team Member(s) Involved:
• Kate Elliott, Project Manager,
QA/QC, and CEQA Advisor
• Sharon Toland, Air Quality,
Greenhouse Gas emissions,
Noise
Lead Agency: Transportation
Authority of Monterey County
Client/Prime: Alta Planning
Lead Agency Contact: Debbie
Hale, Former Executive Director
(E): jamespowell@altaplanning.
com
(P): 213.437.3336
Client/Prime Contact: James
Powell, PLA, ASLA, Principal
(E): [email protected]
(P): 213.430.3303
Fort Ord Regional Trail and Greenway EIR
Transportation Agency of Monterey County
Project Summary: Harris provided CEQA support for the
Transportation Agency of Monterey County (TAMC)’s proposed Fort Ord Regional Trail and Greenway (FORTAG), a 30-mile regional network of paved recreational trails and greenways connecting communities to open space. The project extends through former Fort Ord lands and local communities, including Marina, Seaside, Del Rey Oaks, Sand City, and unincorporated Monterey County.

Scope: Harris prepared several of the EIR analyses including air quality, greenhouse gas, and noise, land use, public services/ utilities, and recreation, and provided quality assurance/quality control.

Success at Meeting CEQA Documentation Timelines, Budget, and Project Objectives: The project was completed on time and within budget, and the team met all of TAMC’s project objectives throughout the CEQA process.

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Harris & Associates, Inc. Part 5 | Fee Proposal and Billing Rate Sheet  54 PART 5 | FEE PROPOSAL AND

BILLING RATE SHEET
Billing Rates: Environmental Planning + Compliance Staff Staff Member Rate
Diane Sandman, Principal-in-Charge $275
Kate Elliott, Quality Assurance/Quality Control Manager $260 David Mack, Project Manager $210
Joseph Sidor, Strategic Advisor $170
Darin Neufeld, Strategic Advisor $220
Sharon Toland, Air Quality, GHG, Noise Specialist $190
Donna Beddow, Cultural and Tribal Resources $175
Emily Mastrelli, Biological Resources $175
Bill Halligan, Senior Environmental Council $275
Esther Daigneault, Senior Environmental Analyst $145
Alec Barton, Environmental Analyst $135
Sarah Faraola, Environmental Analyst $115
Michael Rupic, Analyst $115
Lindsey Messner, Publications Specialist and Technical Editor $140 Randy Deodat, GIS Analyst $160
Notes:
• All subconsultant charges and direct costs are subject to a 10% markup. • When applicable, MILEAGE charges will be at the current IRS rate. • When applicable, REPRODUCTION costs will be as follows: Black & White printing will be $0.08/ page (8.5x11) and $0.16/page (11x17). Color printing will be $0.16/page (8.5x11) and $0.32/page (11x17).
• Other reimbursable items could include filing fees, if the City prefers these be paid by Harris on behalf of the City.

Harris & Associates, Inc. Rates
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Part 5 | Fee Proposal and Billing Rate Sheet  55
Option 1: Fee Proposal
SUB
Diane Kate David Joe Darin Sharon Donna Emily Bill Esther Alec Sarah Michael Lindsey Randy $275 $260 $210 $170 $220 $190 $175 $175 $275 $145 $135 $115 $115 $140 $160 Transportation and VMT
Task 1 Draft IS/ND or MND
Project Review and Information Needs 2 1 1 1 1 1 1 3 3 $2,245 Prepare Initial Study 2 5 1 5 2 2 5 20 15 5 8 5 $11,085 Revise Initial Study and ND or MND 1 3 2 3 15 10 4 2 $5,760 Hours Subtotal 0 3 10 1 2 8 3 3 0 9 38 28 5 12 7
Task 1 Subtotal $0 $780 $2,100 $170 $440 $1,520 $525 $525 $0 $1,305 $5,130 $3,220 $575 $1,680 $1,120 $0 $19,090 Task 2 Public Review IS/ND or MND
Prepare Initial Study and ND/MND for Public Review 1 12 2 5 4 1 $2,640 Noticing 11 2 $650
$0
Hours Subtotal 1 1 3 1 0 000 0 2 7 0 0 4 1
Task 2 Subtotal $275 $260 $630 $170 $0 $0 $0 $0 $0 $290 $945 $0 $0 $560 $160 $0 $3,290 Task 3 Final IS/ND or MND
Review and Respond to Public Comments (30 comments) 1 2 8 1 1 2 2 1 4 4 4 4 $5,910 Revisions to Responses to Comments 1 5 1 1 2 2 2 $2,460 Revise IS/ND or MND Text/MMRP 12 22 $1,240
SB 18 and AB 52 Support 8 $1,400
Hours Subtotal 1 4 15 2 1 3 10 1 0 8 8 6 0 4 0
Task 3 Subtotal $275 $1,040 $3,150 $340 $220 $570 $1,750 $175 $0 $1,160 $1,080 $690 $0 $560 $0 $0 $11,010 Task 4 Attend Meetings and Project Management
Attend Planning Commission and City Council Hearings 4 $840 Attend Meetings for Phase 1 HEU 12 12 $5,640
Project Management 8 $1,680
Hours Subtotal 0 12 24 0 0 0 0 0 0 0 0 0 0 0 0
Task 4 Subtotal $0 $3,120 $5,040 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $8,160 Hours Subtotal 0 0 0 0 000 0 0 0 0 0 0 0
Total Phase 1 $41,550
Task 1 Subsequant IS/ND or MND
Other Element and Ordinance Updates Project Description 1 8 1 1 2 2 2 4 10 5 5 4 $7,130 Prepare Initial Study per CEQA 15162 Requirements and Techincal Studies 2 5 1 12 5 5 5 10 20 20 5 8 4 $15,980 Revise Initial Study and Subsequent MND 1 2 4 6 6 6 10 10 10 4 2 $9,705 Public Review Draft Subsequent MND 1 12 4 10 5 4 1 $4,180 Review and Respond to Public Comments (60 comments) 1 4 8 2 2 1 2 8 10 10 2 $8,390 Resisions to Response to Comments 1 4 1 2 2 2 $2,080
Revise Subseqent MND Text and MMRP 12 5 2 2 2 $2,185
SB 18 and AB 52 Support 8 $1,400
Attend Meetings and Project Management (longer timeline) 2 16 48 6 $15,810 Hours Subtotal 5 28 81 7 2 23 23 14 7 43 64 54 10 20 11 Task 1 Subtotal $1,375 $7,280 $17,010 $1,190 $440 $4,370 $4,025 $2,450 $1,925 $6,235 $8,640 $6,210 $1,150 $2,800 $1,760 $0 $66,860 Task 2 Technical Studies
Air Quality 1 2 2 8 18 6 4 2 $6,915
Biological Resources 2 2 12 15 5 8 8 $8,290
Cultural/Tribal/Historic 1 2 2 40 15 10 20 8 8 $16,440
Greenhouse Gas Emissions 22 6 8 24 4 2 $7,420
Noise 22 8 20 4 2 $5,640
Tranportation and VMT (Fehr & Peers) $89,700 $89,700
$0
Hours Subtotal 2 10 10 0 6 24 40 12 0 48 15 6 64 28 22
Task 2 Subtotal $550 $2,600 $2,100 $0 $1,320 $4,560 $7,000 $2,100 $0 $6,960 $2,025 $690 $7,360 $3,920 $3,520 $89,700 $134,405 Subconsultant Markup (10%) $8,970 $8,970
Total Phase 2 $210,235
TOTAL - PHASE 1 AND PHASE 2 CEQA $251,785
PHASE 2 Subsequent IS/ND or IS/MND for Other Element and Ordinance Updates Fehr & Peers
PHASE 1 HEU Initial Study/Negative Declaration or Mitigated Negative Declaration Sr.

Biologist Sr Analyst Analyst
Fee
PIC QA/QC PM Sr. Counsel Analyst GIS Strategic
Planning
Sr.

AQ/GHG
Noise
Strategic
CEQA Editor Sr. Arch Tribal Analyst
PGCC 9-21-2022

Option 2: Fee Proposal
Part 5 | Fee Proposal and Billing Rate Sheet  56
SUB
Diane Kate David Joe Darin Sharon Donna Emily Bill Esther Alec Sarah Michael Lindsey Randy $275 $260 $210 $170 $220 $190 $175 $175 $275 $145 $135 $115 $115 $140 $160 Transportation and VMT
Task 1 Draft IS/ND or MND
Project Review and Information Needs 2 1 1111 1 3 3 $2,245 Prepare Initial Study 2 5 1 5 2 2 5 20 15 5 8 5 $11,085 Revise Initial Study and ND or MND 1 3 2 3 15 10 4 2 $5,760 Hours Subtotal 0 3 10 1 2 8 3 3 0 9 38 28 5 12 7
Task 1 Subtotal $0 $780 $2,100 $170 $440 $1,520 $525 $525 $0 $1,305 $5,130 $3,220 $575 $1,680 $1,120 $0 $19,090 Task 2 Public Review IS/ND or MND
Prepare Initial Study and ND/MND for Public Review 112 2 5 4 1 $2,640 Noticing 1 1 2 $650
$0
Hours Subtotal 1 1 3 1 0 0 0 0 0 2 7 0 0 41
Task 2 Subtotal $275 $260 $630 $170 $0 $0 $0 $0 $0 $290 $945 $0 $0 $560 $160 $0 $3,290 Task 3 Final IS/ND or MND
Review and Respond to Public Comments (30 comments) 1 2 8 1 1 2 2 1 4 4 4 4 $5,910 Revisions to Responses to Comments 151 1 22 2 $2,460
Revise IS/ND or MND Text/MMRP 12 22 $1,240
SB 18 and AB 52 Support 8 $1,400
Hours Subtotal 1 4 15 2 1 3 10 1 0 8 8 6 0 4 0
Task 3 Subtotal $275 $1,040 $3,150 $340 $220 $570 $1,750 $175 $0 $1,160 $1,080 $690 $0 $560 $0 $0 $11,010 Task 4 Attend Meetings and Project Management
Attend Planning Commission and City Council Hearings 4 $840 Attend Meetings for Phase 1 HEU 12 12 $5,640
Project Management 8 $1,680
Hours Subtotal 0 12 24 0 0 0 0 0 0 0 0 0 0 0 0
Task 4 Subtotal $0 $3,120 $5,040 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $8,160 Hours Subtotal 0 0 0 0 0 0 0 0 0 0 0 0 00
Total Phase 1 $41,550
Task 1 Project Initiation
Review Materials/Data Needs/Kick Off Meeting 2 5 1 1 6 4 4 6 4 4 4 $6,830 CEQA Noticies 28 16 4 $4,920
Scoping Meeting 2 2 12 4 $4,150
Prepare Administrative Draft SEIR with Technical Appendices (Task 4 Below) 4 32 40 2 4 4 75 100 60 80 24 12 $65,895 Prepare Screencheck Draft SEIR with Technical Appendices (Task 4 Below) 2 8 12 1 2 8 2 30 40 20 40 16 4 $27,360 Prepare Draft SEIR with Technical Appendices (Task 4 Below) 1 4 12 10 10 24 2 $10,015 Attend Meetings and Project Management (longer timeline) 24 48 4 2 $17,440 SB 18 and AB 52 Support 8 $1,400
Review of Approval Documents 2 2 10 $3,170
Response to Comments (100 comments) 2 8 18 2 2 8 2 2 2 8 15 4 15 24 $18,690 Administrative Final SEIR 2 4 12 2 4 8 8 $7,270
Screencheck Final SEIR 228 2 8 8 $5,240
Final SEIR 4 8 8 $3,040
Hours Subtotal 17 90 189 10 11 24 14 6 8 125 209 88 149 120 18 Task 1, 2, 3, 5, 6 Subtotal $4,675 $23,400 $39,690 $1,700 $2,420 $4,560 $2,450 $1,050 $2,200 $18,125 $28,215 $10,120 $17,135 $16,800 $2,880 $0 $175,420 Task 4 Technical Studies
Air Quality 1 2 2 8 18 6 4 2 $6,915
Biological Resources 22 12 15 5 8 8 $8,290
Cultural/Tribal/Historic 1 2 2 40 15 10 20 8 8 $16,440
Greenhouse Gas Emissions 2 2 68 24 4 2 $7,420
Noise 22 8 20 4 2 $5,640
Tranportation and VMT (Fehr & Peers) $89,700 $89,700
$0
Hours Subtotal 2 10 10 0 6 24 40 12 0 48 15 6 64 28 22
Task 4 Subtotal $550 $2,600 $2,100 $0 $1,320 $4,560 $7,000 $2,100 $0 $6,960 $2,025 $690 $7,360 $3,920 $3,520 $89,700 $134,405 Subconsultant Markup (10%) $8,970 $8,970
Total Phase 2 $318,795
10% Contingency for Phase 2 Tasks $31,880
TOTAL - PHASE 1 AND PHASE 2 CEQA $392,225
QA/QC PM Strategic
Planning
Sr. AQ/GHG
Noise
Strategic
CEQA Editor Sr. Arch Tribal Analyst
Fehr & Peers
PHASE 1 HEU Initial Study/Negative Declaration or Mitigated Negative Declaration Sr. Biologist Sr Analyst Analyst
Fee
PIC Sr. Counsel Analyst GIS
Task 2 CEQA Notices
Task 3 Scoping Meeting
Task 5 Draft SEIR
Task 6 Final SEIR
PHASE 2 Subsequent or Supplemental EIR for Other Element and Ordinance Updates PGCC 9-21-2022

Option 3: Fee Proposal
Part 5 | Fee Proposal and Billing Rate Sheet  57
SUB
Diane Kate David Joe Darin Sharon Donna Emily Bill Esther Alec Sarah Michael Lindsey Randy $275 $260 $210 $170 $220 $190 $175 $175 $275 $145 $135 $115 $115 $140 $160 Transportation and VMT
Task 1 Statutory Exemption, Meetings, and Project Management Prepare Notice of Exemption and CEQA Support 2 2 $710
Attend Meetings for Phase 1 HEU 12 12 $5,640
Project Management 8 $1,680
$0
Hours Subtotal 0 12 20 0 2 0 0 0 0 0 2 0 0 0 0
Task 1 Subtotal $0 $3,120 $4,200 $0 $440 $0 $0 $0 $0 $0 $270 $0 $0 $0 $0 $0 $8,030 Total Phase 1 $8,030
Task 1 Project Initiation
Review Materials/Data Needs/Kick Off Meeting 2 5 1 1 6 4 4 6 4 4 4 $6,830 CEQA Noticies 28 16 4 $4,920
Scoping Meeting 2 2 12 4 $4,150
Prepare Administrative Draft EIR with Technical Appendices (Task 4 Below) 4 32 45 2 4 4 85 110 60 80 24 12 $69,745 Prepare Screencheck Draft EIR with Technical Appendices (Task 4 Below) 2 8 12 1 2 8 2 30 40 20 40 16 4 $27,360 Prepare Draft EIR with Technical Appendices (Task 4 Below) 1 4 12 10 10 24 2 $10,015 Attend Meetings and Project Management (longer timeline) 24 48 4 2 $17,440 SB 18 and AB 52 Support 8 $1,400
Review of Approval Documents 2 2 10 $3,170
Response to Comments (100 comments) 2 8 18 2 2 8 2 2 2 8 15 4 15 24 $18,690 Administrative Final EIR 2 4 12 2 4 8 8 $7,270
Screencheck Final EIR 2 28 2 8 8 $5,240
Final EIR 4 8 8 $3,040
Hours Subtotal 17 90 194 10 11 24 14 6 8 135 219 88 149 120 18 Task 1, 2, 3, 5, 6 Subtotal $4,675 $23,400 $40,740 $1,700 $2,420 $4,560 $2,450 $1,050 $2,200 $19,575 $29,565 $10,120 $17,135 $16,800 $2,880 $0 $179,270 Task 4 Technical Studies
Air Quality 1 2 2 8 18 6 4 2 $6,915
Biological Resources 2 2 12 15 5 8 8 $8,290
Cultural/Tribal/Historic 1 2 2 40 15 10 20 8 8 $16,440
Greenhouse Gas Emissions 22 6 8 24 4 2 $7,420
Noise 22 8 20 4 2 $5,640
Tranportation and VMT (Fehr & Peers) $89,700 $89,700
$0
Hours Subtotal 2 10 10 0 6 24 40 12 0 48 15 6 64 28 22
Task 4 Subtotal $550 $2,600 $2,100 $0 $1,320 $4,560 $7,000 $2,100 $0 $6,960 $2,025 $690 $7,360 $3,920 $3,520 $89,700 $134,405 Subconsultant Markup (10%) $8,970 $8,970
Total Phase 2 $322,645
10% Contingecy for Phase 2 Tasks $32,265
TOTAL - PHASE 1 AND PHASE 2 CEQA $362,940
QA/QC PM Strategic
Planning
Sr.

AQ/GHG
Noise
Strategic
CEQA Editor Sr. Arch Tribal Analyst
Fehr & Peers
PHASE 1 HEU Statutory Exemption
Sr.

Biologist Sr Analyst Analyst
Fee
PIC Sr. Counsel Analyst GIS
Task 2 CEQA Notices
Task 3 Scoping Meeting
Task 5 Draft EIR
Task 6 Final EIR
PHASE 2 EIR for Other Element and Ordinance Updates
PGCC 9-21-2022

Harris & Associates, Inc. Appendix  58

APPENDIX
VII. Proposal Terms and Conditions

8. CONSULTANT SERVICES AGREEMENT
“All Proposers must identify in their proposal any terms and conditions of the sample Consultant Services Agreement (Attachment 1) that they wish to negotiate. Insurance is required as outlined in Section 9 of the sample agreement. The City reserves the right to negotiate the terms and specifications of the Consultant Services Agreement and to vary from the sample Consultant Services Agreement attached.” In response to the RFP instructions above, Harris requests the following changes to the contract, consistent with our current Pacific Grove contract:
• Section 5.01, change the word “specially” to “professionally” • Add new Section 6.03: “All payments by the City will be made by Electronic Funds Transfer (EFT).

CONTRACTOR will provide the City with its bank ABA number, account number and designation of the account to which such EFT shall be made. CONTRACTOR will be responsible for notifying the City when CONTRACTOR’s EFT information changes. Payments shall be for the invoiced amount, with no retention.”
• Add new Section 7.03: “CONTRACTOR may terminate this Agreement for cause if the City fails to cure a material default in performance within a period of 30 days, or such longer period as CONTRACTOR may allow, after receipt from CONTRACTOR of a written termination notice specifying the default in performance. In the event of termination for cause by CONTRACTOR, CONTRACTOR shall be paid for approved services rendered through the effective date of termination.” • Section 15.10, add new last sentence: “CONTRACTOR shall not be responsible for delays caused by circumstances beyond its reasonable sole control.”
• Section 15.14, change heading to “Counterparts and Electronic Signatures.” Add new last sentence: “By executing this Agreement, City and CONTRACTOR also consent and agree that any electronic signature, as defined by Civil Code Section 1633.2(h), affixed there on shall have the full force and effect as a wet or manual signature.”
PGCC 9-21-2022

Agenda No. 10 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Sandra Kandell, City Clerk/DEI Coordinator
MEETING DATE: September 21, 2022
SUBJECT: Diversity, Equity and Inclusion Meeting Minutes: August 15, 2022 Special Meeting and August 15, 2022 Special Study Session
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive minutes.

Attachments
DEI Minutes
PGCC 9-21-2022

1 MEETING MINUTES

CITY OF PACIFIC GROVE

DIVERSITY, EQUITY, AND INCLUSION

TASK FORCE

SPECIAL MEETING
Monday, August 15, 2022, 6:00 P.M.

Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).

CHAMBER CAPACITY IS LIMITED AND PROVIDED ON
A FIRST COME, FIRST SERVED BASIS.

THE VIRTUAL MEETING IS COMPLIANT WITH THE GOVERNOR’S

EXECUTIVE ORDERS ALLOWING FOR A DEVIATION OF
TELECONFERENCE RULES REQUIRED BY THE BROWN ACT.

JOIN THE ZOOM WEBINAR TO PARTICIPATE LIVE AT:
https://us02web.zoom.us/j/89179208141

1. CALL TO ORDER / ROLL CALL
Chair Tina Rau called the meeting to order at 6:01 pm. Clerk Kandell conducted roll call with the following Task Force members present via Zoom Meeting: Task Force Members (Members) Kim Bui, Edward Juarez-Lefevre, Nadja Mark, and Kristy Markowitz. Chair Tina Rau presented in person.

2. APPROVAL OF AGENDA
Action: Upon motion by Member Mark and seconded by Member Markowitz the Task Force approved the Agenda as amended.

Motion carried 5-0, by the following roll call vote:

AYES: Members Bui, Juarez-Lefevre, Mark, Markowitz, and Rau.

NOES: None.

3. TASK FORCE AND STAFF ANNOUNCEMENTS (City-Related Items Only) Secretary Bui made announcements. No staff announcements were made.

4. COUNCIL LIAISON ANNOUNCEMENTS
Council member Poduri made announcements.

5. GENERAL PUBLIC COMMENT
Public comment was received from Andrew Gonzalez.

6. APPROVAL OF THE MINUTES
Action: Upon motion by Member Markowitz and seconded by Vice Chair Juarez-Lefevre, the Task Force approved the Minutes of the July 11, 2022 Regular Meeting, as follows:

PGCC 9-21-2022

2 Motion carried 5-0 by the following vote:

AYES: Members Bui, Juarez-Lefevre, Mark, Markowitz, and Rau.

NOES: None.

7. REGULAR AGENDA
A. DEI Education and Resources Webpage Subcommittee
Secretary Bui and Member Markowitz gave a report.

No public comment was received.

8. NEXT MEETING: Special Study Session Meeting on August 15, 2022 at 6:15 p.m. or immediately following the 6:00 p.m. Special Meeting.

9. ADJOURNMENT
Chair Rau adjourned the special meeting at approximately 6:17 p.m.

Respectfully Submitted,
Kim Bui
Secretary
Approved by Chair: _______________________________Date________________ PGCC 9-21-2022

1 MEETING MINUTES

CITY OF PACIFIC GROVE

DIVERSITY, EQUITY, AND INCLUSION

TASK FORCE

SPECIAL STUDY SESSION MEETING
Monday, August 15, 2022, 6:15 P.M.

OR IMMEDIATELY FOLLOWING THE 6:00 P.M. SPECIAL

MEETING
Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).

CHAMBER CAPACITY IS LIMITED AND PROVIDED ON A
FIRST COME, FIRST SERVED BASIS.

THE VIRTUAL MEETING IS COMPLIANT WITH THE GOVERNOR’S

EXECUTIVE ORDERS ALLOWING FOR A DEVIATION OF
TELECONFERENCE RULES REQUIRED BY THE BROWN ACT.

JOIN THE ZOOM WEBINAR TO PARTICIPATE LIVE AT:
https://us02web.zoom.us/j/89179208141

1. CALL TO ORDER / ROLL CALL
Chair Tina Rau called the meeting to order at 6:17 pm. Clerk Kandell conducted roll call with the following Task Force members present via Zoom Meeting: Task Force Members (Members) Kim Bui, Edward Juarez-Lefevre, Nadja Mark, and Kristy Markowitz. Chair Tina Rau presented in person.

2. APPROVAL OF AGENDA
Action: Upon motion by Vice Chair Juarez-Lefevre and seconded by Secretary Bui the Task Force approved the Agenda.

Motion carried 5-0, by the following roll call vote:

AYES: Members Bui, Juarez-Lefevre, Mark, Markowitz, and Rau.

NOES: None.

3. TASK FORCE AND STAFF ANNOUNCEMENTS (City-Related Items Only) Secretary Bui made announcements. City Manager Harvey made announcements.

4. COUNCIL LIAISON ANNOUNCEMENTS
No Council member announcements were made.

5. GENERAL PUBLIC COMMENT
No public comment was received.

6. APPROVAL OF THE MINUTES
No Minutes were presented for approval.

PGCC 9-21-2022

2 7. REGULAR AGENDA
Study Session Discussion
The following items were discussed:
• Task Force Work Plan
• Goals and Visions
• Developing Agreements
• Core Values

8. NEXT MEETING: Regular Meeting on September 12, 2022 at 6:00 p.m.

9. ADJOURNMENT
Chair Rau adjourned the special meeting at approximately 8:00 p.m.

Respectfully Submitted,
Kim Bui
Secretary
Approved by Chair: _______________________________Date________________ PGCC 9-21-2022

Agenda No. 11 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Leticia Livian, Human Resources Director
MEETING DATE: September 21, 2022
SUBJECT: Ordinance Amending the Salary Classification Schedule - POA Classifications Action Required by September 21, 2022.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION

1. Request the City Attorney read the title of the ordinance;

2. Motion to waive further reading of the ordinance;

3. Introduce and hold first reading of an ordinance to amend the salary classification schedule;

4. Modify salary range for Police Officer and Police Sergeant;

5. Approve the amendment;

6. Direct that a summary of a proposed ordinance be published as approved by the City Attorney.

DISCUSSION
On August 27, 2022, the Council adopted Resolution 22-045 to authorize the city manager to execute all documents and to perform all other necessary City acts to implement the Memorandum of Understanding (MOU) between the City of Pacific Grove (City) and the Pacific Grove Police Officers Association (POA).

The MOU approved increases to the salary range. The salary increases and the effective dates are listed below.
3% salary increase effective July 24, 2022; and
2% salary increase effective the first full pay period in July 2023.

The City salary classification schedule identifies the job classifications approved by Council (e.g., Police Officer) and the hourly rates of pay for each classification at each step authorized by the Personnel Rules. To implement a salary increase, the salary classification schedule must be amended to incorporate the salary increase for the effective dates outlined in the MOU between the City and the POA. The action proposed in this Agenda Report completes the salary change for the 3% COLA approved by City Council.

Pursuant to Charter Article 25 and Pacific Grove Municipal Code (PGMC) Section 4.20.280, approval and amendment to the classification schedule must be adopted by the Council.

PGCC 9-21-2022

The requested changes are for Police Officer and Police Sergeant classifications only, all other classifications in the salary schedule remain the same. To view the entire salary schedule, please refer to the City’s website,
http://www.cityofpacificgrove.org/about-city/human-resources/salaries-benefits-and-mous.

City Of Pacific Grove
Proposed New Salary Schedule - POA Hourly Rate

Classification Step 1A Step 2B Step 3C Step 4D Step 5E Step 6F Step 7G Current Hourly Police Sergeant 50.96 53.50 56.18 58.99 61.94 64.26 66.67 New Hourly Police Sergeant 52.48 55.11 57.86 60.76 63.80 66.19 68.67 Current Hourly Police Officer 44.10 46.31 48.62 51.06 53.61 55.62 57.70 New Hourly Police Officer 45.42 47.69 50.08 52.58 55.21 57.28 59.43

OPTIONS
Provide alternative direction to staff.

FINANCIAL IMPACT:

The projected annual fiscal impact to the General Fund is listed below:

Year 1
FY 22/23
$103,000 is budgeted for the FY 22/23 for the 3% COLA. $103,000 Year 2
FY 23/24
$70,000 will be budget for the FY 23/24 for the 2% COLA. $68,500 Total projected cost for multi-year agreement: $171,500 GOAL ALIGNMENT: Not Applicable.

Attachments
Draft Ordinance
PGCC 9-21-2022

ORDINANCE NO. 22-

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE

AMENDING THE CLASSIFICATION SCHEDULE FOR POLICE SERGEANT

AND POLICE OFFICER
Findings

1. The City of Pacific Grove (City) entered into a new Memorandum of Understanding (MOU) with the Pacific Grove Police Officer Association; and

2. The MOU is effective from July 1, 2022 through June 30, 2024; and

3. The MOU contains two salary adjustments; and

4. The first salary adjustment takes effect on July 24, 2022; and

5. The second salary adjustment takes effect the first full pay period of July 2023; and

6. Modifications to the salary classification plan are for Police Officer and Police Sergeant Classifications only; and

7. Modifications to the salary classification plan must be amended for each described date; and

8. Amendment to the classification plan must be adopted by the City Council pursuant to Charter Article 25 and Pacific Grove Municipal Code (PGMC) Section 4.20.280; and

9. The City Council ratified the MOU and its implementation measures, including salary adjustment; and In the enactment of this ordinance, the City followed the guidelines adopted by the State of California and published in the California Code of Regulations, Title 14, Section 15000, et seq. Enactment of this ordinance action does not constitute a “project” as defined by California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment pursuant Section 15378.

Ordinance

NOW, THEREFORE, THE COUNCIL OF THE CITY OF PACIFIC GROVE DOES ORDAIN AS FOLLOWS:

SECTION 1. The foregoing findings of the City Council are incorporated into this Ordinance as if set forth in full.

SECTION 2. The position classification plan approved and adopted by the City Council pursuant to Charter Article 15 and PGMC § 4.20.280 is amended for the POA positions, with the following salary schedule:

PGCC 9-21-2022

City Of Pacific Grove
ProposedNew Salary Schedule - POA Hourly Rate
Eff. Classification Step
1A
Step
2B
Step
3C
Step
4D
Step
5E
Step
6F
Step
7G
July 24, 2022 524-001 Police Sergeant 52.48 55.11 57.86 60.76 63.80 66.19 68.67 Eff. Classification Step
1A
Step
2B
Step
3C
Step
4D
Step
5E
Step
6F
Step
7G
July 24, 2022 516-001 Police Officer 45.42 47.69 50.08 52.58 55.21 57.28 59.43 SECTION 3. The City Manager is directed to execute all documents and to perform all necessary City acts to implement this Ordinance.

SECTION 4. In accord with Article 15 of the City Charter, this ordinance shall become effective July 24, 2022.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this day of , 2022, by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:
____________________________
BILL PEAKE, Mayor
ATTEST:

DATED:________________________________
_________________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
___________________________________
BRIAN PIERNIK, City Attorney
PGCC 9-21-2022

Agenda No. 11 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Gho, Public Works Director / Deputy City Manager MEETING DATE: September 21, 2022
SUBJECT: Fire Engine Repairs & Ordinance Amending the FY22/23 Budget CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Authorize Hi-Tech EVS, Inc. to make repairs to Fire Engine 6414 in an amount not to exceed $75,304.54 plus a 15% contingency;

1. 2. Request the City Attorney read the title of the ordinance;

3. Motion to waive further reading of the ordinance;

4. Introduce and hold first reading of an ordinance amending the FY22/23 Budget; and Direct that publication of the ordinance will be satisfied by publication of a summary approved by the City Attorney.

5. DISCUSSION
Since December of 2008, the City of Pacific Grove has contracted with the City of Monterey for fire services. Additionally, Pacific Grove has an agreement with Monterey to provide supplemental fire equipment maintenance services when repairs cannot be made at the Public Works Corporation Yard with in-house mechanics. Periodically, repairs exceed the capabilities of both the Pacific Grove and Monterey mechanical divisions and require the services of a large equipment mechanical facility. This is the case with the Pacific Grove fire engine 6414.

Engine 6414 is a Pierce Type 1 engine with approximately 119,000 miles. This engine is the City first out when calls come through the PG fire house. The engine began to experience issues in July of 2022, and was sent to Monterey’s mechanical division for initial diagnosis. It was quickly determined that the repairs would be extensive and needed to be sent to a large equipment mechanical shop for the repairs.

Monterey sent the engine to Hi-Tech EVS, Inc in Oakdale to diagnose the issues and provide the City with a quote for the repairs (Attachment 1).

The engine needs the following repairs:
· Water pump replacement for fire suppression equipment · Steering box needs to be replaced and all suspension parts These repairs are complex and require numerous parts, fluids, valves, filters, gaskets and various other components to ensure proper and safe operation. The Pacific Grove and Monterey mechanical Divisions have reviewed the repair quote. Additionally, Monterey’s mechanical staff have been to the PGCC 9-21-2022

Divisions have reviewed the repair quote. Additionally, Monterey’s mechanical staff have been to the Hi-tech facility to go and review the required repairs with Hi-Tech’s staff. It is the recommendation of both teams that the repairs be authorized.

City staff is in the process of seeking quotes and reviewing options to purchase a new fire apparatus.

These options will be before City Council for consideration at a meeting soon. However, purchasing a new unit will take, at a minimum, two (2) years to build and deliver. As a result, timely repairs to 6414 are essential.

OPTIONS

1. Authorize the repairs.

2. Do not authorize the repairs. Failure to authorize vital repairs for Engine 6414 will result in the City’s first out engine, which is vital for emergency response, to be inoperable and unavailable for use.

FINANCIAL IMPACT:

The estimated impact to the General Fund is $86,601. While the City is still in the process of closing the Fiscal Year 22/23 accounting records, it is anticipated that there should be sufficient funds in the Unrestricted General Fund Balance to support these repairs.

GOAL ALIGNMENT: City Asset Stewardship: Repair, maintain and improve City assets, including streets, sidewalks, sewer systems, buildings, and parks and trails.

Attachments
Quote
Budget Modification Ordinance
PGCC 9-21-2022

Jul 26, 2022 1
Hi-Tech EVS, Inc.

Jul 26, 2022
Qty.

Ord.

Qty.

Shp.

Qty.

B/O Item Number Description Unit Price UOM Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
14652 10220 BENR 1
171177
PO Box 1616
Oakdale, CA 95361-1616
US
Phone: (209) 847-3042
Fax: (209) 847-2110
City of Monterey Fire Department
25 Ryan Ranch Rd
Monterey, CA 93940-5703
US
City of Monterey Fire Department
25 Ryan Ranch Rd
Monterey, CA, 93940-5703
US

3.0000 0.0000 3.0000 140051-1 AUTOMATIC TRANSMISSION FLUID (Gallon) 22.24 Gallon 66.72

1.5000 0.0000 1.5000 140056-1 HYDRAULIC FLUID AW32 26.15 GALLON 39.23

1.0000 0.0000 1.0000 140552-1 5-281 1810 FULL ROUND UJOINT 123.72 EACH 123.72

1.0000 0.0000 1.0000 900094-1 K 667-8 PACKING KIT 261.52 EACH 261.52

1.0000 0.0000 1.0000 200078-1 AKRON VALVE KIT 3" 9206 58.74 EACH 58.74

2.0000 0.0000 2.0000 101514-1 14GA BRUSHED S.S. 48 X 96 20.74 SQ. FT. 41.48

2.0000 0.0000 2.0000 610192-1 1/4" COMP. X 1/4" MNPT DOT STR 4.43 EACH 8.86

1.0000 0.0000 1.0000 801132-1 1/4" BRASS TEE 9.34 EACH 9.34

1.0000 0.0000 1.0000 131505-1 DT 04 4 P DEUTSCH 4 PIN RECP. 1.80 each 1.80

1.0000 0.0000 1.0000 131530-1 W4 P DEUTSCH LOCK 0.18 Each 0.18

20.0000 0.0000 20.0000131141-1 16 GAUGE WIRE GXL 0.22 FEET 4.40

20.0000 0.0000 20.0000131205-1 1/4" PLASTIC LOOM #3231 0.08 FEET 1.60

1.0000 0.0000 1.0000 700243-1 ESP12 OILLESS PRIMING PUMP 501-3090-00 1,192.38 EACH 1,192.38

2.0000 0.0000 2.0000 1801 3303274 LINK TOE CONTROL ADJUST 475.02 EACH 950.04

1.0000 0.0000 1.0000 1801 3582900 LINK TIE CONTROL 478.63 EACH 478.63

1.0000 0.0000 1.0000 1801 K 1182-1 VALVE CONVERSION KIT PRIMING 1,413.00 EACH 1,413.00

1.0000 0.0000 1.0000 1801 62811 GEAR SECTOR 176.00 EACH 176.00

1.0000 0.0000 1.0000 1801 W75006-28 SCREW SHLDER SOC HEAD 1.80 EACH 1.80

1.0000 0.0000 1.0000 1801 W79005 LOCKNUT FLEX TOP 3.90 EACH 3.90

1.0000 0.0000 1.0000 1801 PUMP PARTS 3,816.40 EACH 3,816.40

1.0000 0.0000 1.0000 1306 SHIPPING & HANDLING 558.78 EACH 558.78

1.0000 0.0000 1.0000 1380 SUBLET PARTS 25,459.28 EACH 25,459.28

STEERING BOX PARTS

LOWER CONTROL ARM ASSY

TIE ROD ENDS

POWER STEERING HOSES

ENGINE OIL PAN & FILTERS
LOWER LEFT AND RIGHT TAK 4 A ARMS

1.0000 0.0000 1.0000 1385 SUBLET LABOR 20,011.76 EACH 20,011.76

1. REPLACE STEERING BOXES.

2. REPLACE LOWER CONTROL ARM
ASSY.

Quotation continued on next page ...

PGCC 9-21-2022

Jul 26, 2022 2
Hi-Tech EVS, Inc.

Jul 26, 2022
Qty.

Ord.

Qty.

Shp.

Qty.

B/O Item Number Description Unit Price UOM Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
14652 10220 BENR 1
171177
PO Box 1616
Oakdale, CA 95361-1616
US
Phone: (209) 847-3042
Fax: (209) 847-2110
City of Monterey Fire Department
25 Ryan Ranch Rd
Monterey, CA 93940-5703
US
City of Monterey Fire Department
25 Ryan Ranch Rd
Monterey, CA, 93940-5703
US

3. REPLACE TIE ROD ENDS AND
ADJUST.

4. REPLACE POWER STEERING HOSES
AS NEEDED.

5. REPLACE ENGINE OIL PAN AND
FILTERS.

6. REPLACE LOWER LEFT AND RIGHT
TAK 4 A ARMS.

7. PROGRAM ECM.
**************************************************

1.0000 0.0000 1.0000 1310 FUEL 222.62 EACH 222.62

1.0000 0.0000 1.0000 1390 TRANSPORT 345.00 EACH 345.00
102.000 0.0000 102.0001340 LABOR 165.00 HOUR 16,830.00

1. PUMP SHIFT PROBLEMS:

SHIFTED FROM ROAD TO PUMP, GEAR
BOX GRINDS.

DROPPED FRONT AND REAR

DRIVELINES,

DISCONNECTED PRIMER AND HYD

PUMP OFF
BACK OF GEAR BOX. REMOVED GEAR

BOX, WATER
IN GEAR BOX OIL. TOOK GEAR BOX
APART,

ORDERED PARTS AND PUT GEAR BOX
BACK

TOGETHER WITH ALL NEW BEARINGS,
SEALS,

GASKETS, AND ORINGS ON LOWER
END. REPLACED

BAD SHIFT FORK, SECTOR GEAR, TAIL
SHAFT
AND MAIN DRIVE GEAR.

2. REPACKED PUMP.

3. REMOVED/REBUILT TANK TO PUMP
VALVE.

Quotation continued on next page ...

PGCC 9-21-2022

Jul 26, 2022 3
Hi-Tech EVS, Inc.

Jul 26, 2022
Qty.

Ord.

Qty.

Shp.

Qty.

B/O Item Number Description Unit Price UOM Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
14652 10220 BENR 1
171177
PO Box 1616
Oakdale, CA 95361-1616
US
Phone: (209) 847-3042
Fax: (209) 847-2110
City of Monterey Fire Department
25 Ryan Ranch Rd
Monterey, CA 93940-5703
US
City of Monterey Fire Department
25 Ryan Ranch Rd
Monterey, CA, 93940-5703
US

4. MODELED AND LASER CUT COVER
PLATES.

5. CHANGED OUT DEPARTMENT

SUPPLIED
PRESSURE GOVERNOR.

6. CHANGED OUT PULL PRIMER TO

ELECTRIC
PRIMER.

7. FRONT WANDERS WHILE DRIVING:

INSPECTED FRONT END. FOUND

LOOSE TIE RODS

AT CENTER LINK AND LEFT SIDE INNER
AND
OUTER.
**************************************************

PIERCE PUMPER
S/N: 17678
UNIT: 6414
MILEAGE: 118938
HR METER: 12931
** Thank you for your Business **
Tax Summary:
75,304.54
72,077.18

0.00 3,227.36
AVATAX 3,227.36
Subtotal
Total sales tax
Total order
Comments:

Order Discount 0.00
Less
Included Tax
PGCC 9-21-2022

ORDINANCE NO. 22-____

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE AMENDING THE APPROVED BUDGET FOR THE FISCAL YEAR 2022-23 FACTS

1. The City Council approved the Fiscal Year 2022-23 Budget on June 15, 2022.

2. It is customary to amend the budget to adjust revenues and expenditures to reflect updated information since the adoption of the Fiscal Year 2022-23 Budget.

3. The City Manager is recommending amendments to the FY 2022-23 Budget to reflect the City Council’s goals for the fiscal year budget.

4. The Council has determined it is appropriate to amend the approved budget for FY 2022-23.

5. Pursuant to Charter Article 15, an amendment of the budget must be approved by ordinance,

6. A summary of the Ordinance, approved by the City Attorney, was published on __________.

7. In the enactment of this ordinance, the City followed the guidelines adopted by the State of California and published in the California Code of Regulations, Title 14, Section 15000, et seq.

8. Enactment of this ordinance action does not constitute a “project” as defined by California Environmental Quality Act (CEQA) Guidelines Section 15378 because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF PACIFIC GROVE DOES ORDAIN AS FOLLOWS:

SECTION 1. The foregoing Facts are adopted as findings of the City Council as set forth fully within the body of this ordinance.

SECTION 2. The revenue and expenditure budget for the following funds is amended, as stated herein, which by this reference are incorporated as set forth in its entirety.

Increase/Decrease
Expenditures
1 General Fund $86,601
PGCC 9-21-2022

SECTION 3. The Fiscal Year 22/23 estimated fund balances are based on preliminary information; and adjusted for this amendment, are referenced herein:

Fiscal Year 22/23 Estimated Ending Fund Balance, After Proposed Budget Amendments Beginning Fund Balance
FY 22/23
(1)
Revenue
FY 22/23
Expenditures
FY 22/23
Preliminary Estimated
Ending Fund Balance
FY 22/23
1 General Fund $ 10,054,161 $30,380,119 $30,564,738 $ 9,869,542 (1) Reflects estimated beginning fund balance. Final numbers will not be available until the end of September due to accruals. Preliminary information for Fiscal Year 22/23 is indicating that revenues will exceed expenditures.

SECTION 4. In accord with Article 15 of the City Charter, this ordinance shall become effective upon adoption hereof.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this ______ day of ______________, ______, by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:
________________________
BILL PEAKE, Mayor
ATTEST:
_________________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
_________________________________
BRIAN A. PIERIK, City Attorney
PGCC 9-21-2022

Agenda No. 12 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Bill Peake, Mayor
MEETING DATE: September 21, 2022
SUBJECT: Purchasing Authorization Procedures
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Direct the City Attorney to return with a (1) draft ordinance to clarify purchasing authorization procedures and (2) resolution for approval of standard contracts.

DISCUSSION
City Charter Article 40 provides the City’s purchasing regulatory framework. Paragraph (b) states:
“The Council by ordinance shall adopt policies and procedures, including appropriate bidding regulations, governing purchases of or contracts for supplies, materials, and equipment. Purchases of supplies, materials and equipment shall be made only in accordance with the adopted policies and procedures.” In other words, Council has ultimate fiduciary responsibility for all City expenditures, including purchases and contracts for supplies, services, and equipment.

Building on Article 40, PGMC Chapter 2.16 ‘Purchasing System and Procedures’ provides enacts a detailed purchasing framework.

Council previously discussed the need to clarify authorization of purchases with an estimated market value greater than the maximum amount for which the purchasing agent is authorized, the most recent discussion held April 6, 2022. The following four items describe where amendments to the municipal code will bring about added clarity.

The municipal code states the mayor shall sign, facsimile or actual, in the name and on behalf of the city, all contracts, deeds, bonds and other legal instruments in which the city is a party.

However, it doesn’t explain what the mayor has authority to sign. The code amendment below (bold) states signature authority derives from Council approval.

2.05.010 Mayor required to sign contracts and other legal instruments.

Pursuant to Article 11 of the city charter the mayor shall sign, facsimile or actual, in the name and on behalf of the city, all contracts, deeds, bonds and other legal instruments in which the city is a party. The mayor has authority to sign any contract, deed, bond or other legal instruments only with prior Council approval. This section does not transfer operational authority to the

1. PGCC 9-21-2022

mayor. [Ord. 21-015 § 3, 2021].

The purchasing agent’s (City Manager’s) purchase authority limit set in PGMC 2.16.160 has an inflation escalator at 5-year intervals. The code does not specify how the escalator is implemented. City staff provided an information only agenda report November 18, 2020 to Council specifying an increase in the purchase authority limit to $40,000. However, Council authorizes the City Manager’s purchase authority limit. The code amendment below (bold) clarifies Council approves the purchase authority limit.

2.16.160 Authorized for purchases by the purchasing agent. (b) The purchase authority limit set forth in subsection (a) of this section shall be adjusted on July 1st of each fifth fiscal year, starting on July 1, 2020 by Council resolution. The adjustment shall cause an increase or decrease to the purchase limit based upon the cumulative change in the Consumer Price Index (CPI) that occurred since the last adjustment, based upon the “CPI, All Urban Consumers, San Francisco- Oakland-San Jose area; base years 1982-1984 = 100,” as published by the U.S. Department of Labor, or any comparable replacement or successor index.

For ease of administration, the purchase authority limit set for each following five-year period shall be adjusted by rounding to the nearest $5,000.

2. Council approval of purchases and contracts have been handled in a variety of ways, often without a contract or a resolution as specified in the municipal code. The code amendments below (bold) clarify actions Council should take for approval of contracts.

Council purchase/contract approval as recorded in meeting minutes (by motion and vote) has the same legal standing as a resolution but with less formality. There is a minor impact on record retention.

It is common sense that when approving a contract, one has the ability to read the contract.

Council approval of contracts should be no different. The written contract, as specified in the municipal code, should be provided to Council prior to its approval of the contract.

Use of standardized contracts will eliminate ‘boiler plate’ or common contract conditions thus reducing Council agenda report length and unnecessary review. Also standardized contracts will focus Council attention on key contract components namely parties involved, term, scope of work, price, and contingencies to extend the term and/or increase the price. The City Manager, with input from the city’s insurance provider, CJPIA, would provide standardized contracts to the City Attorney and Council for approval. Draft standard contracts, prepared by City staff with CJPIA input, are attached.

2.16.220 Formal contract procedure.

3. Except as otherwise provided herein, purchases and contracts for supplies, services and equipment of estimated market value greater than the maximum amount for which the purchasing agent is authorized, as specified in Article II of this chapter, shall be by written contract, approved by the council by resolution or motion, with the lowest responsible bidder pursuant to the procedure prescribed in thisarticle except when such procedures may be dispensed with as defined in Article I of this chapter or as otherwise provided by law. Standard contracts may be used when approved by City Attorney and Council by resolution. Written contracts shall be provided to Council prior to approval except that standard contracts may be incorporated by reference into an Agenda Report with specification of the parties, term, scope of work, price, and contingencies to extend the term and/or increase the price. (The procedures prescribed in Article IV of this chapter shall be observed in the case of all public works projects, as defined in Article IV of this chapter, involving expenditures greater than the maximum amount for which the purchasing agent is authorized, as PGCC 9-21-2022

expenditures greater than the maximum amount for which the purchasing agent is authorized, as specified in Article II of this chapter.) [Ord. 14-005 § 2, 2014; Ord. 1405 N.S. § 2, 1984].

Pursuant to Article 36 of the city charter the city manager is authorized to approve any expenditure without presentation to the council if the city manager determines that a demand for such expenditure is one for an item included within an approved budget appropriation. This authorization is repeated in PGMC 6.20.040. It ignores purchase system requirements.

The code amendment below (bold) clarifies that expenditures for purchases and services also requires that purchase system procedures be followed which may include Council authorization.

6.20.040 Expenditures – Authorization.
(a) Pursuant to Article 36 of the city charter the city manager is authorized to approve any expenditure without presentation to the council if the city manager determines that a demand for such expenditure is one for an item included within an approved budget appropriation and for purchases and contracts for supplies, services and equipment, which is authorized pursuant to PGMC Chapter 2.16 .

ATTACHMENTS
Draft Construction Services Standard Contract
Draft Design Professional Services Standard Contract
Draft Maintenance Services Standard Contract
Draft Professional Services Standard Contract
Draft Vendor Services Standard Contract

OPTIONS
Take no action or modify recommendation.

FINANCIAL IMPACT:

None for this decision.

GOAL ALIGNMENT: Transparency, Accountability and Communication: Implement programs, processes, revisions, and training to improve and advance the City's efforts.

Attachments
Combined Contracts
PGCC 9-21-2022

Construction Services Agreement 07.19.2022

CITY OF PACIFIC GROVE

CONSTRUCTION SERVICES AGREEMENT
This CONSTRUCTION SERVICES AGREEMENT (“Agreement”) is made and effective [ insert date], by and between the City of Pacific Grove, a municipal corporation (“City”), and [insert contractor name]_ (“CONTRACTOR”), License Number __________________. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on [insert date] and shall remain and continue in effect until tasks described herein are completed, but in no event later than [insert date], unless sooner terminated pursuant to the provisions of this Agreement.

2. SCOPE OF WORK
CONTRACTOR shall perform within the time set forth in the project specifications and shall furnish all labor, materials, equipment, tools, utility services, and transportation and perform and complete all services required in connection with the construction of [describe work/services] (“Work”) for the [describe project] (hereinafter “Project”). The Scope of Work is attached as Exhibit A.

By entering into this Agreement, CONTRACTOR acknowledges that there may be other contractors on the site whose work will be coordinated with that of its own.

CONTRACTOR expressly warrants and agrees that it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, the City, the Construction Manager, the Architect, or utilities.

CONTRACTOR also expressly agrees that, in the event its Work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be a direct action against the separate contractor. To the extent allowed by law, CONTRACTOR shall have no remedy, and hereby expressly waives any remedy against the City, the Construction Manager, or the Architect on account of delay, hindrance, interference or other events caused by a separate contractor.

3. PERFORMANCE
a. CONTRACTOR shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all tasks described herein. CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONTRACTOR hereunder in meeting its obligations under this Agreement.

PGCC 9-21-2022

Construction Services Agreement 07.19.2022
b. CONTRACTOR shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety. CONTRACTOR further agrees to take all necessary precautions for the safety of its employees and shall comply with all applicable provisions of federal, state and local regulations, ordinances and codes. CONTRACTOR shall be responsible for erecting and properly maintaining at all times as required by the conditions and progress of the Work, all necessary safeguards for the protection of workers and the public and shall post danger signs warning against known or reasonably foreseeable or unusual hazards. c. CONTRACTOR shall possess at the time of commencing Work and throughout the Project duration, a Contractor’s License, issued by the State of California, which is current and in good standing. CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing Work and throughout the Project duration, a Contractor’s License, issued by the State of California, which is current and in good standing.
d. CONTRACTOR shall obtain a valid City Business License and shall maintain said Business License for the term of this Agreement and any extensions. e. CONTRACTOR shall keep itself informed of State and Federal laws and regulations that in any manner affect those employed by CONTRACTOR or in any way affect the performance of its service pursuant to this Agreement. CONTRACTOR shall at all times observe and comply with all such laws and regulations. City, and its officers, employees, and agents shall not be liable at law or in equity occasioned by failure of CONTRACTOR to comply with this Section.
f. CONTRACTOR agrees to comply with all the applicable provisions of Sections 1777.5 and 1777.6 of the Labor Code, which Sections are hereby specifically referred to, incorporated herein by reference and made a part hereof as though set forth at length herein.
g. CONTRACTOR agrees that in the performance of this Agreement or any subagreement hereunder, neither CONTRACTOR nor any person acting on CONTRACTOR’s behalf shall refuse to employ or refuse to continue in any employment or discriminate against any person on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, genetic information, marital status, sexual orientation, sex, gender identity, gender expression, military or veteran status or age. Harassment in the workplace is not permitted in any form.

CONTRACTOR further agrees to comply with all laws with respect to employment when performing this Agreement.
h. CONTRACTOR shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this Agreement.

PGCC 9-21-2022

Construction Services Agreement 07.19.2022
i. To ensure performance, CONTRACTOR shall provide Faithful Performance and Labor and Material/Payment Bonds in favor of City, each in the amount of one hundred percent (100%) of the value of the Agreement.
j. CONTRACTOR declares and warrants that no undue influence or pressure shall be used against or in concert with any officer, employee or agent of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial agreement or financial inducement. No officer, employee or agent of the City shall receive compensation, directly or indirectly, from CONTRACTOR, or from any officer, employee or agent of CONTRACTOR, in connection with the award of this Agreement or any Work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or in equity.

4. REGISTRATION REQUIREMENTS
a. CONTRACTOR shall be registered with the Department of Industrial Relations (“DIR”) of the State of California to be eligible to work on this Project.

CONTRACTOR shall ensure registration with the DIR that is active and in good standing.
b. This Project shall be subject to compliance monitoring and enforcement by the DIR. c. CONTRACTOR is not subject to public works requirements (including registration with the DIR) if the public works project is under $1,000, unless the City knows that the same CONTRACTOR will be awarded total project costs in excess of $1,000 for a given year.

5. FEDERAL GRANT REQUIREMENTS
This Project may be subject to Federal Grant Requirements. If applicable, CONTRACTOR shall comply with the Requirements set forth in Exhibit F, attached hereto and incorporated by reference.

6. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONTRACTOR is bound by the contents of City’s Request for Proposal on file at the Public Works Department Contents of the CONTRACTOR’s proposal, available on file at the Public Works Department and incorporated herein by this reference. In the event of conflict, the requirements of City’s Request for Proposal and this Agreement shall take precedence over those contained in CONTRACTOR’s proposal.

7. CITY MANAGEMENT
The Public Works Director shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by PGCC 9-21-2022

Construction Services Agreement 07.19.2022
CONTRACTOR, but not including the authority to enlarge the Scope of Work or change the compensation due to CONTRACTOR. The City Manager shall be authorized to act on City’s behalf and to execute all necessary documents that enlarge the Scope of Work or change CONTRACTOR’s compensation, subject to Section 7 hereof.

8. PAYMENT
a. City agrees to pay CONTRACTOR monthly, in accordance with the Proposal on file at the Public Works Department based upon actual time spent on the above tasks.

THIS AMOUNT SHALL NOT EXCEED ________________________________ which sum shall include all costs, if any, for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. The City Manager’s contract authority is limited to $39,999.99, which includes all costs. Contracts, including any amendments or change orders that exceed the total threshold, shall require City Council approval. Any contracts, including contract amendments or change orders that exceed the total threshold, which do not have City Council approval, shall be void.
c. CONTRACTOR shall submit invoices monthly for actual Work performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for Work provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of CONTRACTOR’s fees, it shall give written notice to CONTRACTOR within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
d. Retention of securities: Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by a public agency to ensure performance under a contract, at the request and expense of CONTRACTOR.
e. Final Payment: Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by the City to the CONTRACTOR no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the Work has then been completed, the Agreement fully performed, and a final Certificate for Payment has been issued by the Architect.

9. INSPECTION
City shall at all times have the right to inspect the Work and materials. CONTRACTOR shall furnish all reasonable aid and assistance required by City for the proper examination of the Work and all parts thereof. Such inspection shall not relieve CONTRACTOR from any obligation to perform said Work strictly in accordance with the specifications or any modifications thereof and in compliance with the law.

PGCC 9-21-2022

Construction Services Agreement 07.19.2022

10. CONTRACTOR’S FAILURE TO PROCURE COMPLETION OF PROJECT In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the Work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if CONTRACTOR for a period of three (3) calendar days after receipt of written demand from City or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its Work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then City may exclude the CONTRACTOR from the premises, or any portion thereof, and take possession of said Project premises or any portion thereof, together with all material and equipment thereon, and may complete the Work contemplated by this Agreement or any portion of said Work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said Work, or the portion taken over by the City to another contractor or by a combination of such methods. In any event, the procuring of the completion of said Work, or the portion thereof taken over by the City, shall be a charge against the CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the City, or the CONTRACTOR shall pay the City the amount of said charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the City.

11. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. City may at any time, for any reason, without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon CONTRACTOR at least thirty (30) days prior written notice. Upon receipt of said notice, CONTRACTOR shall immediately cease all Work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, City shall pay to CONTRACTOR the actual value of the Work performed up to the time of termination, provided that the Work performed is of value to City. Upon termination of the Agreement pursuant to this Section, CONTRACTOR will submit an invoice to City pursuant to Section 7.c.

12. DEFAULT OF CONTRACTOR
a. CONTRACTOR’s failure to comply with the provisions of this Agreement shall constitute a default. In the event CONTRACTOR is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating CONTRACTOR for any Work performed after the date of default and can terminate this Agreement immediately by written notice to CONTRACTOR. If PGCC 9-21-2022

Construction Services Agreement 07.19.2022
such failure by CONTRACTOR to make progress in the performance of Work hereunder arises out of causes beyond CONTRACTOR’s control, and without fault or negligence of CONTRACTOR, it shall not be considered a default. b. If the City Manager or designee determines CONTRACTOR is in default in the performance of any of the terms or conditions of this Agreement, they shall cause to be served upon CONTRACTOR a written notice of the default. CONTRACTOR shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event CONTRACTOR fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

13. OWNERSHIP OF DOCUMENTS
a. CONTRACTOR shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of Work under this Agreement. CONTRACTOR shall maintain adequate records of Work provided in sufficient detail to permit an evaluation of Work. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

CONTRACTOR shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records at CONTRACTOR’s office; shall permit City to make copies and transcripts there from as necessary; and shall allow inspection of all Work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained at City Hall for a minimum period of five (5) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the Work to be performed pursuant to this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of CONTRACTOR. With respect to computer files, CONTRACTOR shall make available to City, at City’s office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

14. RECORD AUDIT
In accordance with Government Code, Section 8546.7, for expenditures of funds greater than $10,000, records of both City and CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

PGCC 9-21-2022

Construction Services Agreement 07.19.2022

15. INDEMNIFICATION
CONTRACTOR shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, employees, agents and volunteers (collectively, City) from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR’s negligence, recklessness or willful misconduct in the performance of Work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and CONTRACTOR, or should City otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the City (and its officers, employees, agents and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

CONTRACTOR obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by City. However, without affecting the rights of City under any provision of this Agreement, CONTRACTOR shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of City.

16. INSURANCE
Prior to the beginning of and throughout the duration of the Work, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and PGCC 9-21-2022

Construction Services Agreement 07.19.2022
coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to City.

17. INDEPENDENT CONTRACTOR
a. CONTRACTOR is and shall at all times remain as to City a wholly independent contractor. The personnel performing the Work under this Agreement on behalf of CONTRACTOR shall at all times be under CONTRACTOR’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’s officers, employees, or agents, except as set forth in this Agreement. CONTRACTOR shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. CONTRACTOR shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to CONTRACTOR in connection with the performance of this Agreement. Except for the fees paid to CONTRACTOR as provided in the Agreement, City shall not pay salaries, wages, or other compensation to CONTRACTOR for performing Work hereunder for City. City shall not be liable for compensation or indemnification to CONTRACTOR for injury or sickness arising out of performing Work hereunder.
c. Any and all employees or sub-contractors of CONTRACTOR under this Agreement, while engaged in the performance of any Work required by CONTRACTOR under this Agreement, shall be considered employees or sub-contractors of CONTRACTOR only and not of City. Any and all claims that may arise under the Workers’ Compensation Act on behalf of said employees or sub-contractors, while so engaged and all claims made by a third party as a consequence of any negligent act or omission on the part of the CONTRACTOR’s employees or sub-contractors, while so engaged in any of the Work provided for or rendered herein shall not be City’s obligation.

18. PREVAILING WAGE
Wage rates for this Project shall be in accordance with the “General Wage Determination Made by the Director of Industrial Relations Pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1”, for Monterey County. Wage rates shall conform with those posted by CONTRACTOR and at the Project site. The following Labor Code sections are hereby referenced and made a part of this Agreement:
a. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates. b. Section 1777.4 - Apprenticeship Requirements.
c. Section 1777.5 - Apprenticeship Requirements.
d. Section 1813 - Penalty for Failure to Pay Overtime.
e. Sections 1810 and 1811 - Working Hour Restrictions.

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f. Section 1775 - Payroll Records.
g. Section 1773.8 - Travel and Subsistence Pay.
h. Section 1778 – Kickbacks.
i. Section 1779, 1780 – Acceptance of Fees.
j. Section 1771.4 – Certified Payroll.

Pursuant to the Labor Code, City is required to withhold from any progress payments owed to CONTRACTOR any amount that has been forfeited as penalties, or as wages owed to employees who have not been paid the prevailing wage for Work performed.

This allows the intervention by the Division of Labor Standards Enforcement, which is headed by the State Labor Commission, in a contractor’s lawsuit for recovery of amounts withheld by an awarding body. All withheld wages and penalties will be transferred to the Labor Commissioner for disbursement in those cases where a contractor fails to bring a lawsuit for amounts withheld within ninety (90) days after completion of the public works contract and formal acceptance of the job by the awarding body. The Labor Commissioner is then permitted to intervene in any lawsuit brought by CONTRACTOR against an awarding body for recovery of amounts withheld.

19. NO BENEFIT TO ARISE TO CITY OFFICERS AND EMPLOYEES
No officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during their tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for Work to be performed in connection with the Project performed under this Agreement.

20. CONFLICT OF INTEREST
CONTRACTOR shall at all times avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Agreement.

CONTRACTOR covenants that neither they nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly nor indirectly, which will conflict in any manner or degree with the performance of their services hereunder.

CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor. CONTRACTOR further covenants that CONTRACTOR has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that CONTRACTOR and/or its subcontractors shall provide no service or enter into any agreement or agreements with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the Work under this Agreement.

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Construction Services Agreement 07.19.2022
If City determines CONTRACTOR comes within the definition of Contractor under the Political Reform Act (Government Code §87100 et seq.), CONTRACTOR shall complete and file and shall require any other person doing Work under this Agreement to complete and file a “Statement of Economic Interest” with CITY disclosing CONTRACTOR’s and/or such other person’s financial interests.

21. NO WAIVER OF BREACH/TIME
The waiver by CITY of any breach of any term or promise contained in this Agreement shall not be deemed to be a waiver of such term or provision or any subsequent breach of the same or any other term or promise contained in this Agreement. Time is of the essence in carrying out the duties hereunder.

22. CONFIDENTIAL INFORMATION/RELEASE OF INFORMATION
a. All information gained by CONTRACTOR in performance of this Agreement shall be considered confidential and shall not be released by CONTRACTOR without City’s prior written authorization. CONTRACTOR, its officers, employees, agents, or sub-contractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the Work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided CONTRACTOR gives City notice of such court order or subpoena.
b. CONTRACTOR shall promptly notify City should CONTRACTOR, its officers, employees, agents, or sub-contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the Work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent CONTRACTOR and/or be present at any deposition, hearing, or similar proceeding. CONTRACTOR agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by CONTRACTOR. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

23. SUBSURFACE HAZARDOUS MATERIALS
a. In the event trenches or other excavations extend deeper than four (4) feet below the surface, CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the City in writing of any:
i. Material CONTRACTOR believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to PGCC 9-21-2022

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a Class I, Class II or Class III disposal site in accordance with the provisions of existing law;
ii. Subsurface or latent physical conditions at the site differing from those indicated; or
iii. Unknown physical conditions at the Project site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the Agreement. b. Upon receipt of said notification, City will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR’s cost of or the time required for performance of any part of the Work, the City will issue a change order under the procedures described in the Specifications.
c. In the event a dispute arises between the City and CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR’s cost of or time required for performance of any part of the Work, CONTRACTOR shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all Work to be performed under the Agreement. CONTRACTOR shall retain any and all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.

24. LIQUIDATED DAMAGES
Pursuant to Government Code Section 53069.85, if Work is not completed within the Agreement time or in strict accordance with the Project Schedule, it is understood, acknowledged and agreed that the City will suffer damage. It is therefore agreed CONTRACTOR shall pay to the City the $1,000 for each and every calendar day of delay beyond the Agreement Term, or beyond any completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule, or beyond the time indicated in the Project Schedule for any individual Agreement activity.

CONTRACTOR expressly understands, acknowledges and agrees that such Liquidated Damages can and shall be imposed if the CONTRACTOR does not meet each and every aspect of any activity schedule, completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule. If the City accepts Work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such Work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding Agreement Time, a completion schedule, the Project Schedule or the accrual of liquidated damages. In the event the same is not paid, the CONTRACTOR further agrees that City may deduct the amount thereof from any money due or that may become due the CONTRACTOR under the Agreement. This PGCC 9-21-2022

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Section does not exclude recovery of damages under provisions of the Agreement Documents and is expressly in addition to the City’s ability to seek other damages.

Parties will meet and agree on a Project schedule. Liquidated damages may be assessed if any individual activity duration exceeds the time indicated for that activity on the Project Construction Schedule.

25. WARRANTY
In addition to any and all warranties provided or implied by law or public policy, CONTRACTOR warrants that all Work (including but not limited to all equipment and materials supplied in connection therewith) shall be free from defects in design and workmanship, and that CONTRACTOR shall perform all Services in accordance with all applicable engineering, construction and other codes and standards, and with the degree of high professional skill normally exercised by or expected from recognized professional firms engaged in the practice of supplying services of a nature similar to the Services in question. CONTRACTOR further warrants that, in addition to furnishing all tools, equipment and supplies customarily required for performance of Work, CONTRACTOR shall furnish personnel with the training, experience and physical ability, as well as adequate supervision, required to perform the Services in accordance with the preceding standards and the other requirements of this Agreement. In addition to all other rights and remedies which City may have, City shall have the right to require, and CONTRACTOR shall be obligated at its own expense to perform, all further services which may be required to correct any deficiencies which result from CONTRACTOR’s failure to perform any Services in accordance with the standards required by this Agreement.

Moreover, if, during the term of this Agreement (or during the one (1) year period following the term hereof), any equipment, goods or other materials or Services used or provided by CONTRACTOR under this Agreement fail due to defects in material and/or workmanship or other breach of this Agreement, CONTRACTOR shall, upon any reasonable notice from City, replace or repair the same to City’s satisfaction. Unless otherwise expressly permitted, all materials and supplies to be used by CONTRACTOR in the performance of the Services shall be new and best of kind.

CONTRACTOR hereby assigns to City all additional warranties, extended warranties, or benefits like warranties, such as insurance, provided by or reasonably obtainable from suppliers of equipment and material used in the Services.

26. CLAIM PROCEDURES UNDER PUBLIC CONTRACT CODE SECTION 9204 CONTRACTOR shall comply with the procedure set forth in Public Contracts Code section 9204 for any claim, as that term is defined therein, for one or more of the following: 1) a time extension, including, without limitation, for relief from damages or penalties for delay, 2) payment of money or damages arising from Work done pursuant to this Agreement, and/or 3) payment of an amount disputed by the City under this Agreement.

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Construction Services Agreement 07.19.2022

27. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, by first class mail, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City: City Representative
City of Pacific Grove
300 Forest Avenue
Pacific Grove, CA 93950
To CONTRACTOR: _____________________________
_____________________________
_____________________________
_____________________________
Notice is effective on the date of personal service, or 5 days following deposit in a United States mailbox, or date of postmark. The parties may agree to notice by email. The parties may agree to notice by email.

28. THIRD PARTY BENEFICIARIES
Nothing contained in this Agreement shall be construed to create, and the parties do not intend to create, any rights in third parties.

29. ASSIGNMENT
CONTRACTOR shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Subject to the foregoing, all terms of the Agreement will be binding upon, enforceable by and inure to the benefit of the parties and their successors and assigns.

30. GOVERNING LAW
City and CONTRACTOR understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in Monterey County, or the federal district court with jurisdiction over the City. CONTRACTOR agrees not to commence or prosecute any dispute arising out of or in connection with this Agreement other than in the PGCC 9-21-2022

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aforementioned courts and irrevocably consents to the exclusive personal jurisdiction and venue of the aforementioned courts.

31. ATTORNEY’S FEES AND COURT VENUE
Should either party to this Agreement bring legal action against the other (formal judicial proceeding, mediation or arbitration) the party prevailing in such action shall be entitled to reasonable attorney’s fees, which shall be fixed by the judge, mediator or arbitrator hearing the case, and such fee shall be included in the judgment together with all costs.

32. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of CONTRACTOR warrants and represents that they have the authority to execute this Agreement on behalf of the CONTRACTOR and the authority to bind CONTRACTOR to the performance of its obligations hereunder.

33. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.

Any modification or amendment to this Agreement must be in writing.

34. WAIVER
Neither City nor CONTRACTOR shall be deemed to have waived any obligation of the other, or to have agreed to any modification to this Agreement unless it is in writing, and signed by the party giving the waiver.

35. INTERPRETATION OF CONFLICTING PROVISIONS
In the event of any conflict or inconsistency between the provisions of this Agreement and the Provisions of any exhibit or other attachment to this Agreement, the provisions of this Agreement shall prevail and control

36. SEVERABILITY
If any term of this Agreement is held invalid by a court of competent jurisdiction or arbitrator the remainder of this Agreement shall remain in effect.

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Construction Services Agreement 07.19.2022
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF PACIFIC GROVE CONTRACTOR
By: By:

Department Director Contractor
Date: Date:

By: ___________________________ By: ____________________________ City Manager or Mayor City Administrative Services Department Date: ___________________________ Date: ___________________________ Approved As To Form:

City Attorney
_______________________________
Date
Attachments: Exhibit A Scope of Services
Exhibit B Payment Schedule
Exhibit C Insurance Requirements
[Exhibit D Request for Proposal]
[Exhibit E Contractor’s Proposal]
[Exhibit F Federal Grant Requirements]
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Exhibit A
Scope of Work/Services
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Construction Services Agreement 07.19.2022
Exhibit B
Insurance Specifications
General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

CONTRACTOR shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

Builder’s risk insurance (construction contracts as applicable). Upon commencement of construction and with approval of City, CONTRACTOR shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only the City has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below.

The named insureds shall be CONTRACTOR and City, including its officers, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear.

CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to City. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to the City. The City will act as a fiduciary for all other interests in the Project.

Policy shall be provided for replacement value on an “all risk” basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) PGCC 9-21-2022

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coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to City to ensure adequacy of terms and sublimits and shall be submitted to the City prior to commencement of construction.

Other provisions or requirements
Proof of insurance. CONTRACTOR shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. City and its officers, employees, and agents shall continue as additional insureds under such policies.

Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

Products/completed operations coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors.

If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage.

Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its PGCC 9-21-2022

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officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage.

City’s rights of enforcement. 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 or City will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, City may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of Agreement provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the City to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section 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 as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

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Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass Through Clause. CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.

City’s right to revise requirements. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the City and CONTRACTOR may renegotiate CONTRACTOR’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

Timely notice of claims. CONTRACTOR shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work
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[Exhibit F]
Federal Grant Requirements
[Procurement of Recovered Materials (§200.323)]
Contractor shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

Domestic Preference (§ 200.322)
As appropriate and to the extent consistent with law, City, to the greatest extent practicable under this Agreement, establishes a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).

Contractor shall include the following requirements in all subawards including all contracts and purchase orders for work or products under this Agreement. For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms (§ 200.321)
City shall take all necessary affirmative steps to assure minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Accordingly, Contractor, and any of its subcontracts, shall comply with the following affirmative steps:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;
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(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

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Design Professional Services Agreement 07.19.2022

CITY OF PACIFIC GROVE

DESIGN PROFESSIONAL SERVICES AGREEMENT
This DESIGN PROFESSIONAL SERVICE AGREEMENT (“Agreement”), is made and effective as of [Insert date], between the City of Pacific Grove (“City”), a municipal corporation and [Insert consultant], [a sole proprietorship, partnership, limited liability partnership, corporation] (“CONSULTANT”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on [Insert date] and shall remain and continue in effect until tasks described herein are completed, but in no event later than [Insert date], unless sooner terminated pursuant to the provisions of this Agreement.

2. SCOPE OF WORK
CONSULTANT shall perform the tasks and services (“Services”) described and set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein as though set forth in full.

CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. To the extent that Exhibit A is a Proposal from CONSULTANT, such Proposal is incorporated only for the description of the Scope of Services and no other terms and conditions from any such proposal shall apply to this Agreement unless specifically agreed to in writing.

3. PERFORMANCE
CONSULTANT shall at all times faithfully, competently and to the best of their ability, experience, and talent, perform all tasks described herein. CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting their obligations under this Agreement. CONSULTANT has the duty to prepare design documents free from defects. [IF RFP, ADD: CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL CONSULTANT is bound by the contents of City’s Request for Proposal on file hereto and incorporated herein as Exhibit D, and the contents of the proposal submitted by CONSULTANT, available on file at the [insert location ], hereto and incorporated herein as Exhibit E. In the event of conflict, the requirements of City’s Request for Proposals and this Agreement shall take precedence over those contained in CONSULTANT’s Proposal.]

4. CITY MANAGEMENT
The City Manager, or designee, shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the Scope of Services or change the compensation due to CONSULTANT. The City Manager shall be authorized to act on City’s PGCC 9-21-2022

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behalf and to execute all necessary documents that enlarge the Scope of Services or change CONSULTANT’s compensation, subject to Section 6 hereof.

5. PAYMENT
a. City agrees to pay CONSULTANT monthly, in accordance with the payment rates and terms and the Payment Schedule as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed [Insert amount] dollars ($__.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
b. The City Manager’s contract authority is limited to $39,999.99, which includes all costs.

Contracts, including any contract amendments that exceed the total threshold, require City Council approval. Any contracts, including contract amendments that exceed the total threshold, which do not have City Council approval, shall be void. c. CONSULTANT shall not be compensated for any Services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager or the City Council. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and CONSULTANT at the time City’s written authorization is given to CONSULTANT for the performance of said Services. d. CONSULTANT shall submit invoices monthly for actual Services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for Services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of CONSULTANT’s fees it shall give written notice to CONSULTANT within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice therefore.

6. INSPECTION
City shall at all times have the right to inspect the work and materials. CONSULTANT shall furnish all reasonable aid and assistance required by City for the proper examination of the work and all parts thereof. Such inspection shall not relieve CONSULTANT from any obligation to perform said work strictly in accordance with the specifications or any modifications thereof and in compliance with the law.

7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. City may at any time, for any reason, without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon CONSULTANT at least thirty (30) days prior written notice. Upon receipt of said notice, CONSULTANT shall immediately cease all Services under this Agreement, unless the notice provides otherwise. If City suspends or PGCC 9-21-2022

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terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to CONSULTANT the actual value of the Services performed up to the time of termination, provided the Services performed are of value to the City. Upon termination of the Agreement pursuant to this Section, CONSULTANT will submit an invoice to the City pursuant to Section 6.

8. DEFAULT OF CONSULTANT
a. CONSULTANT’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating CONSULTANT for any Services performed after the date of default and can terminate this Agreement immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of Services hereunder arises out causes beyond the CONSULTANT’s control, and without fault or negligence of the CONSULTANT, it shall not be considered a default.
b. If the City Manager or designee determines that CONSULTANT is in default in the performance of any of the terms or conditions of this Agreement, they shall cause to be served upon CONSULTANT a written notice of the default. The CONSULTANT shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event CONSULTANT fails to cure its default within such period of time or fails to present City with a written plan for the cure of the default, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. OWNERSHIP OF DOCUMENTS
a. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of Services under this Agreement. CONSULTANT shall maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. If there is a substantial billing deviation adverse to City, then the cost of an audit shall be borne by CONSULTANT. Such records, together with supporting documents, shall be maintained for a period of five (5) years after receipt of final payment.

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Design Professional Services Agreement 07.19.2022
b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the Services to be performed pursuant to this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of CONSULTANT. With respect to computer files, CONSULTANT shall make available to City, at CONSULTANT’s office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files.

CONSULTANT hereby grants to City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by CONSULTANT in the course of providing the Services under this Agreement.

10. RECORD AUDIT
In accordance with Government Code, Section 8546.7, for expenditures of funds greater than $10,000, records of both City and CONSULTANT shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

11. INDEMNIFICATION AND DEFENSE
Indemnification and Defense for Professional Services
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’s percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to City.

For all Other Liabilities
Notwithstanding the foregoing and without diminishing any rights of City above for any liability, claim, demand, allegation against City arising out of, related to, or pertaining to any act or omission of CONSULTANT, but which is not a design professional service, CONSULTANT shall defend, indemnify, and hold harmless City, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising PGCC 9-21-2022

Design Professional Services Agreement 07.19.2022
out of, related to, any concurrent or contributory negligence on the part of the City, except for the sole or active negligence of, or willful misconduct of the City.

12. INSURANCE
CONSULTANT shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached to and part of this Agreement.

13. INDEPENDENT CONSULTANT
a. CONSULTANT is and shall at all times remain as to City a wholly independent consultant and/or independent contractor. The personnel performing the Services under this Agreement on behalf of CONSULTANT shall at all times be under CONSULTANT’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT’s officers, employees, or agents, except as set forth in this Agreement. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of City. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to CONSULTANT in connection with the performance of this Agreement. Except for the fees paid to CONSULTANT as provided in the Agreement, City shall not pay salaries, wages, or other compensation to CONSULTANT for performing Services hereunder for City. City shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing Services hereunder.

14. LEGAL RESPONSIBILITIES
CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. CONSULTANT shall at all times observe and comply with all such laws and regulations. City, and its officers, employees, and agents shall not be liable at law or in equity occasioned by failure of CONSULTANT to comply with this Section.

15. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure was used against or in concert with any officer, employee or agent of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer, employee or agent of the City has or will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee or agent of CONSULTANT, in connection with the award of this Agreement or any PGCC 9-21-2022

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Services to be performed as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or in equity.

16. NO BENEFIT TO ARISE TO CITY OFFICERS AND EMPLOYEES
No officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services performed under the Agreement during their tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement.

17. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
a. All information gained by CONSULTANT in performance of this Agreement shall be considered confidential and shall not be released by CONSULTANT without City’s prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided CONSULTANT gives City notice of such court order or subpoena.
b. CONSULTANT shall promptly notify City should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the work performed there under or with respect to any project or property located within the City, unless City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless CONSULTANT is prohibited by law from informing City of such Discovery. City retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to CONSULTANT in such proceeding, CONSULTANT agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
c. If City determines CONTRACTOR comes within the definition of Contractor under the Political Reform Act (Government Code §87100 et seq.), CONTRACTOR shall complete and file and shall require any other person doing Work under this Agreement to complete and file a “Statement of Economic Interest” with CITY disclosing CONTRACTOR’s and/or such other person’s financial interests.

18. DISCRIMINATION
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Design Professional Services Agreement 07.19.2022
CONSULTANT agrees that in the performance of this Agreement, neither CONSULTANT nor any person acting on CONSULTANT’s behalf shall discriminate against any person on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, genetic information, marital status, sexual orientation, sex, gender identity, gender expression, military or veteran status or age.

19. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, by first class mail, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City: [Insert City Employee]
City of Pacific Grove
300 Forest Avenue
Pacific Grove, CA 93950
Attention: City Clerk
To CONSULTANT: _________________________
_________________________
Notice is effective on the date of personal service, or 5 days following deposit in a United States mailbox, or date of postmark. The parties may agree to notice by email. The parties may agree to notice by email.

20. THIRD PARTY BENEFICIARIES
Nothing contained in this Agreement shall be construed to create, and the parties do not intend to create, any rights in third parties.

21. ASSIGNMENT
CONSULTANT shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of City. Because of the personal nature of the Services to be rendered pursuant to this Agreement, only CONSULTANT shall perform the Services described in this Agreement. CONSULTANT may use assistants, under their direct supervision, to perform some of the Services under this Agreement. [If specific to Consultant, add: CONSULTANT shall provide City fourteen (14) days’ notice prior to the departure of [Insert name of particular person with expertise] from CONSULTANT’s employ. Should [Insert name] leave CONSULTANT’s employ, City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, CONSULTANT’s sole compensation shall be payment for actual Services performed up to, and including, the date of termination or PGCC 9-21-2022

Design Professional Services Agreement 07.19.2022
as may be otherwise agreed to in writing between City and the CONSULTANT. Before retaining or contracting with any sub-consultant for any Services under this Agreement, CONSULTANT shall provide City with the identity of the proposed sub-consultant, a copy of the proposed written contract between CONSULTANT and such sub-consultant, which shall include and indemnity provision similar to the one provided herein and identifying City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed sub-consultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from City for such insurance.]

22. LICENSES
At all times during the term of this Agreement, CONSULTANT shall have in full force and effect, all licenses required of it by law for the performance of the Services described in this Agreement. CONSULTANT shall obtain a valid City Business License and shall maintain said Business License for the term of this Agreement and any extensions.

23. GOVERNING LAW
City and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in Monterey County, or federal district court with jurisdiction over City. CONSULTANT agrees not to commence or prosecute any dispute arising out of or in connection with this Agreement other than in the aforementioned courts and irrevocably consents to the exclusive personal jurisdiction and venue of the aforementioned courts

24. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. No amendment shall be valid unless in writing, executed by both parties.

25. DISPUTE RESOLUTION; ATTORNEY’S FEES
CONSULTANT shall continue to perform under this Agreement during any dispute.

CONSULTANT and City hereby agree to make good faith efforts to resolve disputes as quickly as possible. In the event any dispute arising from or related to this Agreement results in litigation or arbitration, the prevailing party shall be entitled to recover all reasonable costs incurred, including court costs, attorney fees, expenses for expert witnesses (whether or not called to testify), expenses for accountants or appraisers (whether or not called to testify), and other related expenses. Recovery of these expenses shall be as additional costs awarded to the prevailing party, and shall not require initiation of a separate legal proceeding.

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Design Professional Services Agreement 07.19.2022

26. WORK SCHEDULED/TIME OF COMPLETION
City and CONSULTANT agree that time is of the essence in this Agreement. [Note: This section is optional and should be included only when the project is particularly timesensitive.

City and CONSULTANT further agree that CONSULTANT’s failure to perform Services on or at the times set forth in this Agreement will damage and injure City, but the extent of such damage and injury is difficult or speculative to ascertain. Consequently, City and CONSULTANT agree that any failure to perform by CONSULTANT at or within the times set forth herein shall result in liquidated damages of [Insert amount] dollars ($__.00) per day for each and every day such performance is late or delayed. City and CONSULTANT agree that such sum is reasonable and fair. Furthermore, City and CONSULTANT agree that this Agreement is subject to Government Code Section 53069.85 and that each party hereto is familiar with and understands the obligations of said Section of the Government Code.]

27. INTERPRETATION OF CONFLICTING PROVISIONS
In the event of any conflict or inconsistency between the provisions of this Agreement and the Provisions of any exhibit or other attachment to this Agreement, the provisions of this Agreement shall prevail and control.

28. SEVERABILITY
If any term of this Agreement is held invalid by a court of competent jurisdiction or arbitrator the remainder of this Agreement shall remain in effect.

29. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of CONSULTANT warrants and represents that they have the authority to execute this Agreement on behalf of the CONSULTANT and have the authority to bind CONSULTANT to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF PACIFIC GROVE CONSULTANT
By: By:

Department Director Consultant
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Design Professional Services Agreement 07.19.2022
Date: Date:

By: ___________________________ By: ____________________________ City Manager or Mayor City Administrative Services Department Date: ___________________________ Date: ___________________________ Approved As To Form:

City Attorney
_______________________________
Date
Attachments: Exhibit A Scope of Services
Exhibit B Payment Schedule
Exhibit C Insurance Requirements
[Exhibit D Request for Proposal]
[Exhibit E Consultant’s Proposal]
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Design Professional Services Agreement 07.19.2022

EXHIBIT A

SCOPE OF SERVICES
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Design Professional Services Agreement 07.19.2022

EXHIBIT B

PAYMENT SCHEDULE
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Design Professional Services Agreement 07.19.2022

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting CONSULTANT’s indemnification of City, and prior to commencement of Work, CONSULTANT shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and CONSULTANT agrees to maintain continuous coverage through a period no less than three (3) years after completion of the Services required by this Agreement.

Note: May need to delete workers’ compensation and employer’s liability insurance requirements for certain sole proprietorships, partnerships, or corporations without employees.

Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

CONSULTANT shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

Umbrella or excess liability insurance. [Optional depending on limits required]. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; PGCC 9-21-2022

Design Professional Services Agreement 07.19.2022
• Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Other provisions or requirements
Proof of insurance. CONSULTANT shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONSULTANT, his agents, representatives, employees or subconsultants.

Primary/noncontributing.Coverage provided by CONSULTANT shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications 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 CONSULTANT or City will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, City may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.

CONSULTANT hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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Design Professional Services Agreement 07.19.2022
Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the City to inform CONSULTANT of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section 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 as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. CONSULTANT agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONSULTANT, provide the same minimum insurance coverage and endorsements required of CONSULTANT.

CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

CONSULTANT agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.

City’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the City and CONSULTANT may renegotiate CONSULTANT’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

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Timely notice of claims. CONSULTANT shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

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Design Professional Services Agreement 07.19.2022

EXHIBIT D

REQUEST FOR PROPOSAL
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Design Professional Services Agreement 07.19.2022

EXHIBIT E
CONSULTANT’S PROPOSAL
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Maintenance Services Agreement 07.19.2022

CITY OF PACIFIC GROVE

MAINTENANCE SERVICES AGREEMENT
This MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and effective _______________, by and between the City of Pacific Grove, a municipal corporation (“City”), and ______________________ (“CONTRACTOR”).

City wishes to retain the services of an experienced and qualified CONTRACTOR to provide [Describe services to be provided] (“Services”). CONTRACTOR represents and warrants that it is qualified to perform those Services. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
Unless terminated in accordance with Section 8 below, the AGREEMENT will continue in full force and effect from the Effective Date through [Insert Date]. Upon mutual written AGREEMENT, the term of this AGREEMENT can be extended annually for an additional one (1) year period, or longer as the parties agree.

2. SCOPE OF SERVICES
CONTRACTOR will provide the Services listed in the Scope of Services attached hereto as Exhibit A. CONTRACTOR warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner.

3. PERFORMANCE
a. CONTRACTOR shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all tasks described herein. CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONTRACTOR hereunder in meeting its obligations under this Agreement.
b. CONTRACTOR shall obtain a valid City Business License and shall maintain said Business License for the term of this Agreement and any extensions. c. CONTRACTOR shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by CONTRACTOR or in any way affect the performance of its Services pursuant to this Agreement. CONTRACTOR shall at all times observe and comply with all such laws and regulations. City, and its officers, employees, and agents shall not be liable at law or in equity occasioned by failure of CONTRACTOR to comply with this Section.
d. CONTRACTOR must maintain a valid California Contractor’s License throughout the term of this Contract.

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Maintenance Services Agreement 07.19.2022
e. CONTRACTOR agrees that in the performance of this Agreement or any subagreement hereunder, neither CONTRACTOR nor any person acting on CONTRACTOR’s behalf shall refuse to employ or refuse to continue in any employment any person or discriminate on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, genetic information, marital status, sexual preference, sex, gender identity, gender expression, military or veteran status or age. Harassment in the workplace is not permitted in any form.

CONTRACTOR further agrees to comply with all laws with respect to employment when performing this Agreement.
f. CONTRACTOR shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit D attached to and part of this Agreement.
g. CONTRACTOR declares and warrants that no undue influence or pressure is used against or in concert with any officer, employee or agent of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial agreement or financial inducement. No officer, employee, or agent of City will receive compensation, directly or indirectly, from CONTRACTOR, or from any officer, employee or agent of CONTRACTOR, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or in equity.
[IF RFP ADD: CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL CONTRACTOR is bound by the contents of City’s Request for Proposal on file hereto and incorporated herein as Exhibit E, and the contents of the proposal submitted by CONTRACTOR, available on file at the [insert location ], hereto and incorporated herein as Exhibit E. In the event of conflict, the requirements of City’s Request for Proposals and this Agreement shall take precedence over those contained in CONTRACTOR’s Proposal.]

4. CITY MANAGEMENT
The City Manager, or designee, shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by CONTRACTOR, but not including the authority to enlarge the Scope of Work or change the compensation due to CONTRACTOR. The City Manager shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Scope of Work or change CONTRACTOR’s compensation, subject to Section 6 hereof.

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Maintenance Services Agreement 07.19.2022

5. PAYMENT
a. For Services rendered pursuant to this AGREEMENT, CONTRACTOR shall be paid in accordance with the Payment Schedule attached hereto as Exhibit B, provided, however, that in no event will the total amount of money paid the CONTRACTOR, for the Services initially contemplated by this AGREEMENT, exceed the sum of [Insert amount], unless otherwise first approved in writing by the City. b. The City Manager’s contract authority is limited to $39,999.99, which includes all costs. Contracts, including any contract amendments that exceed the total threshold, require City Council approval. Any contracts, including contract amendments that exceed the total threshold, which do not have City Council approval, shall be void. c. CONTRACTOR shall submit invoices monthly for actual Services performed.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for Services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If City disputes any of CONTRACTOR’s fees, it shall give written notice to CONTRACTOR within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

6. LABOR CODE AND PREVAILING WAGE REQUIREMENTS:
a. CONTRACTOR agrees to comply with the requirements of California Labor Code sections 1810 through 1815. Eight hours of labor constitutes a legal day’s work per Labor Code section 1810. CONTRACTOR will forfeit the statutory penalty to City for each worker employed in the execution of this Agreement by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code sections 1810 through 1815. b. Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Agreement are available for download from the State website:
http://www.dir.ca.gov/OPRL/dprewagedetermination.htm.
c. CONTRACTOR must post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) When applicable, copies of the prevailing rate of per diem wages will be on file at City’s Administrative Services Department and available to CONTRACTOR and any other interested party upon request. d. CONTRACTOR, and any subcontractor engaged by CONTRACTOR, may pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) CONTRACTOR is responsible for PGCC 9-21-2022

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compliance with Labor Code section 1776 relative to the retention and inspection of payroll records.
e. CONTRACTOR must comply with all provisions of Labor Code section 1775. Under Section 1775, CONTRACTOR will forfeit the statutory penalty to City for each worker employed in the execution of the Agreement by CONTRACTOR or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. CONTRACTOR may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate.

Nothing in this Agreement prevents CONTRACTOR or any subcontractor from employing properly registered apprentices in the execution of the Contract. CONTRACTOR is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations.
f. CONTRACTOR has reviewed and agrees to comply with any applicable provisions for any public work subject to Department of Industrial Relations (DIR) Monitoring and Enforcement of prevailing wages, including the registration requirements of Labor Code Section 1771.1(a). City hereby notifies CONTRACTOR that CONTRACTOR is responsible for submitting certified payroll records directly to the State Compliance Monitoring Unit (CMU). For further information concerning compliance monitoring please visit the website location at: http://www.dir.ca.gov/dlse/cmu/cmu.html. g. CONTRACTOR must comply with Labor Code section 1771.1(a), which provides that CONTRACTOR may award any contracts and subcontracts for work that qualifies as a “public work” only to subcontractors which are at that time registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5. CONTRACTOR must obtain proof of such registration from all such subcontractors.” h. If federal funds are used to pay for the Work, CONTRACTOR and any subcontractor agree to comply, as applicable, with the labor and reporting requirements of the Davis-Bacon Act (40 USC § 276a-7), the Copeland Act (40 USC § 276c and 18 USC §874), and the Contract Work Hours and Safety Standards Act (40 USC § 327 and following).

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7. INSPECTION
City shall at all times have the right to inspect the work and materials. CONTRACTOR shall furnish all reasonable aid and assistance required by City for the proper examination of the work and all parts thereof. Such inspection shall not relieve CONTRACTOR from any obligation to perform said work strictly in accordance with the specifications or any modifications thereof and in compliance with the law.

8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. City may at any time, for any reason, without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon CONTRACTOR at least thirty (30) days prior written notice. Upon receipt of said notice, CONTRACTOR shall immediately cease all work under this Agreement, unless the notice provides otherwise.

If City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, City shall pay to CONTRACTOR the actual value of the Services performed up to the time of termination, provided that the Services performed are of value to the City. Upon termination of the Agreement pursuant to this Section, CONTRACTOR shall submit an invoice to City pursuant to Section 6.c.

9. DEFAULT OF CONTRACTOR/FORCE MAJEURE
a. CONTRACTOR’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that CONTRACTOR is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating CONTRACTOR for any Services performed after the date of default and can terminate this Agreement immediately by written notice to the CONTRACTOR. If such failure by the CONTRACTOR to make progress in the performance of Services hereunder arises out causes beyond the CONTRACTOR’s control, and without fault or negligence of the CONTRACTOR, it shall not be considered a default.
b. If the City Manager or designee determines CONTRACTOR is in default in the performance of any of the terms or conditions of this Agreement, they shall cause to be served upon CONTRACTOR a written notice of the default. The CONTRACTOR shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event CONTRACTOR fails to cure its default within such period of time or fails to present City with a written plan for the cure of the default, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

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10. OWNERSHIP OF DOCUMENTS
a. CONTRACTOR shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of Services under this Agreement. CONTRACTOR shall maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

CONTRACTOR shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records at CONTRACTOR’s office; shall permit City to make copies and transcripts there from as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. If there is a substantial billing deviation adverse to City, then the cost of an audit shall be borne by CONSULTANT. Such records, together with supporting documents, shall be maintained at City Hall for a minimum period of five (5) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the Services to be performed pursuant to this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of CONTRACTOR.

With respect to computer files, CONTRACTOR shall make available to City, at City’s office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

11. RECORD AUDIT
In accordance with Government Code, Section 8546.7, for expenditures of greater than $10,000, records of both City and CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

12. INDEMNIFICATION
CONTRACTOR shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, employees, agents, and volunteers (collectively, City) from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and CONTRACTOR, or should City otherwise find CONTRACTOR’s legal counsel PGCC 9-21-2022

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unacceptable, then CONTRACTOR shall reimburse the City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the City (and its officers, employees, agents and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

CONTRACTOR obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by City. However, without affecting the rights of City under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of City.

No City officer, employee or agent shall be personally liable to CONTRACTOR, in the event of any default or breach by City or for any amount that may become due to CONTRACTOR.

13. INSURANCE
Without limiting CONTRACTOR’s indemnification of City, and prior to commencement of work, CONTRACTOR shall obtain, provide, and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described in Exhibit C and in a form that is satisfactory to City.

14. INDEPENDENT CONTRACTOR
a. CONTRACTOR is and shall at all times remain as to City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of CONTRACTOR shall at all times be under CONTRACTOR’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’s officers, employees, or agents, except as set forth in this Agreement. CONTRACTOR shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. CONTRACTOR shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.

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b. No employee benefits shall be available to CONTRACTOR in connection with the performance of this Agreement. Except for the fees paid to CONTRACTOR as provided in the Agreement, City shall not pay salaries, wages, or other compensation to CONTRACTOR for performing services hereunder for City. City shall not be liable for compensation or indemnification to CONTRACTOR for injury or sickness arising out of performing services hereunder.
c. Any and all employees or sub-contractors of CONTRACTOR under this Agreement, while engaged in the performance of any work or services required by CONTRACTOR under this Agreement, shall be considered employees or sub-contractors of CONTRACTOR only and not of City. Any and all claims that may arise under the Workers’ Compensation Act on behalf of said employees or sub-contractors, while so engaged and all claims made by a third party as a consequence of any negligent act or omission on the part of the CONTRACTOR’s employees or sub-contractors, while so engaged in any of the work or services provided for or rendered herein shall not be City’s obligation.

15. SUBCONTRACTORS
Before CONTRACTOR retains or hires a subcontractor to provide any work, labor, or services relative to this AGREEMENT, CONTRACTOR must:
a. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to City.
b. Present to the City the form of subcontract that will be used with the subcontractor for City’s approval, which approval will not be unreasonably withheld. Such subcontract AGREEMENT must include an indemnity agreement that is generally in accord with the indemnity obligations contained in Section 11 of this Agreement and must specifically name the City as an indemnified party; and c. Secure from the subcontractor evidence of insurance coverage that meets with this Agreement including naming the City as an additional insured as required by this Agreement, unless such requirement is waived in writing by the City.

16. NO BENEFIT TO ARISE TO CITY OFFICERS AND EMPLOYEES
No City officer, employee of City, or their designees or agents, and no public officer who exercises authority over or responsibilities with respect to the Services provided under the Agreement during their tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement.

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17. CONFLICT OF INTEREST
CONTRACTOR shall at all times avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Agreement, and shall comply with the City’s conflict of interest code.

If City determines CONTRACTOR comes within the definition of Contractor under the Political Reform Act (Government Code §87100 et seq.), CONTRACTOR shall complete and file and shall require any other person performing Services under this Agreement to complete and file a “Statement of Economic Interest” with City disclosing CONTRACTOR’s and/or such other person’s financial interests.

18. NO WAIVER OF BREACH/TIME
The waiver by City of any breach of any term or promise contained in this Agreement shall not be deemed to be a waiver of such term or provision or any subsequent breach of the same or any other term or promise contained in this Agreement. Time is of the essence in carrying out the duties hereunder.

19. CONFIDENTIAL INFORMATION/RELEASE OF INFORMATION
a. All information gained by CONTRACTOR in performance of this Agreement shall be considered confidential and shall not be released by CONTRACTOR without City’s prior written authorization. CONTRACTOR, its officers, employees, agents, or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided CONTRACTOR gives City notice of such court order or subpoena.
b. CONTRACTOR shall promptly notify City should CONTRACTOR, its officers, employees, agents, or sub-contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the Services performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent CONTRACTOR and/or be present at any deposition, hearing, or similar proceeding. CONTRACTOR agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by CONTRACTOR. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

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20. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City: (City Employee/Department)
City of Pacific Grove
300 Forest Avenue
Pacific Grove, CA 93950
To CONTRACTOR: _____________________________
_____________________________
_____________________________
_____________________________
Notice is effective on the date of personal service, or 5 days following deposit in a United States mailbox, or date of postmark. The parties may agree to notice by email.

21. THIRD PARTY BENEFICIARIES
Nothing contained in this Agreement shall be construed to create, and the parties do not intend to create, any rights in third parties.

22. ASSIGNMENT
CONTRACTOR shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of City. Subject to the foregoing, all terms of the Agreement will be binding upon, enforceable by and inure to the benefit of the parties and their successors and assigns.

23. GOVERNING LAW
City and CONTRACTOR understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in Monterey County, or the federal district court with jurisdiction over the City. CONTRACTOR agrees not to commence or prosecute any dispute arising out of or in connection with this Agreement other than in the aforementioned courts and irrevocably consents to the exclusive personal jurisdiction and venue of the aforementioned courts.

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24. DISPUTE RESOLUTION; ATTORNEY’S FEES
CONTRACTOR shall continue to perform under this Agreement during any dispute.

CONTRACTOR and City hereby agree to make good faith efforts to resolve disputes as quickly as possible. In the event any dispute arising from or related to this Agreement results in litigation or arbitration, the prevailing party shall be entitled to recover all reasonable costs incurred, including court costs, attorney fees, expenses for expert witnesses (whether or not called to testify), expenses for accountants or appraisers (whether or not called to testify), and other related expenses. Recovery of these expenses shall be as additional costs awarded to the prevailing party, and shall not require initiation of a separate legal proceeding.

25. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of CONTRACTOR warrants and represents that they have the authority to execute this Agreement on behalf of the CONTRACTOR and the authority to bind CONTRACTOR to the performance of its obligations hereunder.

26. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to their obligations described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.

27. AMENDMENT
a. Any modification or amendment to this Agreement must be in writing. b. Neither City nor CONTRACTOR shall be deemed to have waived any obligation of the other, or to have agreed to any modification to this Agreement unless it is in writing, and signed by the party giving the waiver.

28. INTERPRETATION OF CONFLICTING PROVISIONS
In the event of any conflict or inconsistency between the provisions of this Agreement and the Provisions of any exhibit or other attachment to this Agreement, the provisions of this Agreement shall prevail and control
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29. SEVERABILITY
If any term of this Agreement is held invalid by a court of competent jurisdiction or arbitrator the remainder of this Agreement shall remain in effect.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF PACIFIC GROVE CONTRACTOR
By: By:

Department Director CONTRACTOR
Date: Date:

By: ___________________________ By: ____________________________ City Manager or Mayor City Administrative Services Department Date: ___________________________ Date: ___________________________ Approved As To Form:

City Attorney
_______________________________
Date
Attachments: Exhibit A Scope of Services
Exhibit B Payment Schedule
Exhibit C Insurance Requirements
[Exhibit D Request for Proposal]
[Exhibit E CONTRACTOR’s Proposal]
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Exhibit A
Scope of Work/Services
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Exhibit B
Payment Schedule
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Exhibit C
Insurance Specifications
General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Umbrella or excess liability insurance. [Optional depending on limits required] CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

CONTRACTOR shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

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Other provisions or requirements
Proof of insurance. CONTRACTOR shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or subconsultants.

Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications 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 or City will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, City may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the City to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the AGENCY nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section 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 as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. CONTRACTOR agrees to ensure that its sub-consultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon request, all AGREEMENTS with consultants, subcontractors, and others engaged in the project will be submitted to City for review.

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Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the City and CONTRACTOR may renegotiate CONTRACTOR’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

Timely notice of claims. CONTRACTOR shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

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VERIFICATION OF CALIFORNIA CONTRACTOR’S LICENSE
I certify, under penalty of perjury, that I have a valid California Contractor’s license issued pursuant to Business and Professions Code section 7000 and following, and was so licensed at the time that the bid was awarded:

California Contractor’s License:

License Number Class Expiration Date

CONTRACTOR (PRINT OR TYPE)
Date Signature
(Public Contract Code § 6100)
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CERTIFICATE REGARDING WORKERS’ COMPENSATION
I am aware of the provisions of Section 3700 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 provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Name (print or type)
Date Signature
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CERTIFICATE REGARDING DEPARTMENT OF INDUSTRIAL

RELATIONS CONTRACTOR REGISTRATION
I certify, under penalty of perjury, that Contractor is registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

Contractor’s Department of Industrial Relations registration number is _____________________.

Name & Title (print or type)
Date Signature
(Labor Code section 1725.5)
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LIST OF SUBCONTRACTORS
WORK IDENTIFICATION:

NAME AND ADDRESS OF BIDDER:

Name/Address/Phone No./State
License Number of
Subcontractor/City of Pacific Grove
Business License Number
Department of
Industrial Relations
Registration Number* Items of Work
Portion of Work
(% of Contract Price)
% of Total Contract
Price by Subcontract
% of Total Contract
Price by Contractor
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Professional Services Agreement 07.19.2022

CITY OF PACIFIC GROVE

PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICE AGREEMENT (“PSA”) FOR NON-CONSTRUCTION PROJECTS (“Agreement”), is made and effective as of [Insert date], between the City of Pacific Grove (“City”), a municipal corporation and [Insert consultant], [a sole proprietorship, partnership, limited liability partnership, corporation] (“CONSULTANT”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on [Insert date] and shall remain and continue in effect until the tasks described herein are completed, but in no event later than [Insert date], unless sooner terminated pursuant to the provisions of this Agreement.

2. SCOPE OF WORK
CONSULTANT shall perform the tasks and services (“Services”) described and set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein as though set forth in full.

CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. To the extent that Exhibit A is a proposal from CONSULTANT, such proposal is incorporated only for the description of the Scope of Services and no other terms and conditions from any such proposal shall apply to this Agreement unless specifically agreed to in writing.

3. PERFORMANCE
CONSULTANT shall at all times faithfully, competently and to the best of their ability, experience, and talent, perform all Services described herein. CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting their obligations under this Agreement.
[IF RFP ADD: CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL CONSULTANT is bound by the contents of City’s Request for Proposal on file hereto and incorporated herein as Exhibit D, and the contents of the proposal submitted by CONSULTANT, available on file at __________________________, hereto and incorporated herein as Exhibit E. In the event of conflict, the requirements of City’s Request for Proposals and this Agreement shall take precedence over those contained in CONSULTANT’s proposals.]

4. CITY MANAGEMENT
The City Manager, or their designee, shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the Scope of Work or change the PGCC 9-21-2022

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compensation due to CONSULTANT. The City Manager shall be authorized to act on City’s behalf and to execute all necessary documents that enlarge the Scope of Work or change CONSULTANT’s compensation, subject to Section 6 hereof.

5. PAYMENT
a. The City agrees to pay CONSULTANT monthly, in accordance with the payment rates and terms and the Payment Schedule as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed [Insert amount] dollars ($__.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. The City Manager’s contract authority is limited to $39,999.99, which includes all costs.

Contracts, including any contract amendments that exceed the total threshold, require City Council approval. Any contracts, including contract amendments that exceed the total threshold, which do not have City Council approval, shall be void. c. CONSULTANT shall not be compensated for any Services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager or the City Council. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and CONSULTANT at the time City’s written authorization is given to CONSULTANT for the performance of said services. d. CONSULTANT shall submit invoices monthly for actual Services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for Services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of CONSULTANT’s fees it shall give written notice to CONSULTANT within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice therefore.

6. INSPECTION
City shall at all times have the right to inspect the work and materials. CONSULTANT shall furnish all reasonable aid and assistance required by City for the proper examination of the work and all parts thereof. Such inspection shall not relieve CONSULTANT from any obligation to perform said work strictly in accordance with the specifications or any modifications thereof and in compliance with the law.

7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon CONSULTANT at least thirty (30) days prior written notice. Upon receipt of said notice, CONSULTANT shall immediately cease all Services under this Agreement, unless the notice provides otherwise. If the City PGCC 9-21-2022

Professional Services Agreement 07.19.2022
suspends or terminates a portion of this Agreementsuch suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to CONSULTANT the actual value of the Services performed up to the time of termination, provided that the Services performed are of value to the City. Upon termination of the Agreement pursuant to this Section, CONSULTANT will submit an invoice to the City pursuant to Section 6.

8. DEFAULT OF CONSULTANT
a. CONSULTANT’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating CONSULTANT for any Services performed after the date of default and can terminate this Agreement immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of Services hereunder arises out causes beyond the CONSULTANT’s control, and without fault or negligence of the CONSULTANT, it shall not be considered a default.
b. If the City Manager or designee determines CONSULTANT is in default in the performance of any of the terms or conditions of this Agreement, they shall cause to be served upon CONSULTANT a written notice of the default. The CONSULTANT shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event CONSULTANT fails to cure its default within such period of time or fails to present City with a written plan for the cure of the default, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. OWNERSHIP OF DOCUMENTS
a. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of Services under this Agreement. CONSULTANT shall maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. If there is a substantial billing deviation adverse to City, then the cost of an audit shall be borne by CONSULTANT. Such records, together with supporting documents, shall be maintained for a period of five (5) years after receipt of final payment.

PGCC 9-21-2022