CITY COUNCIL REGULAR MEETING
JOINT SAND CITY COUNCIL AND
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
TUESDAY, OCTOBER 20, 2026
5:30 PM
1 1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, AND CITY MANAGER
4. COMMUNICATIONS
Members of the public may address the City Council/Successor Agency on matters not appearing on the City Council/Successor Agency Agenda at this time for up to three minutes. In order that the AGENDA
JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
City Council Regular Meeting - Tuesday, October 20, 2026 5:30 PM
Sand City meetings are conducted in person at City Hall Council Chamber.
Members of the public may also observe the meeting remotely through Zoom.
To participate in person:
City Hall Council Chamber
1 Pendergrass Way
Sand City, CA 93955
To participate via Zoom:
Join the meeting:
https://us02web.zoom.us/j/88349100938
Webinar ID: 883 4910 0938
To participate telephonically:
(669) 900-6833
Public Comments:
If any member of the public would like to provide written comments at the meeting, please do as set forth below.
Written: All comments received before 10:00 am the day of the meeting will be posted on the City’s website as “Correspondence” under the relevant agenda item and provided to the City Council at the meeting. Please email your comments to: [email protected].
Members of the public may participate by calling and speaking live during the designated time(s), subject to time limits that may be imposed pursuant to the Brown Act at the number provided above. Please use the "raise your hand" option on Zoom, and the City Clerk will call on your name.
2 City Clerk may later identify the speaker in the minutes of the meeting, it is helpful if speakers state their names. Public comments regarding items on the scheduled agenda will be heard at the time the item is being considered by the City Council/Successor Agency. The City Council Chamber is equipped with a portable microphone for anyone unable to come to the podium. If you need assistance, please advise the City Clerk as to which item you would like to comment on and the microphone will be brought to you.
5. CONSENT CALENDAR
The Consent Agenda consists of routine items for which City Council approval can be taken with a single motion and vote. A Council member may request that any item be placed on the Regular Agenda for separate consideration.
5A. Approve Resolutions Recognizing Breast Cancer Awareness Month, Domestic Violence Awareness Month, Filipino American History Month, Indigenous Peoples Day, Native American Heritage Month, and Veterans Day
Mayor's Memo
Resolutions
5B. Consideration and Approval of a City Council Donation to Community Emergency Response Volunteers (CERV)
Staff Report
Donation Request Form
5C. Receive Information Regarding the 2025 Pavement Management Program Update Reimbursement Agreement Between the Transportation Agency for Monterey County and the City of Sand City for an Amount Not to Exceed $15,700 Staff Report
Agreement
5D. Approve a Resolution Allocating 0.068 Acre-Feet per year of Water to the Independent at 600 Ortiz Avenue (APNs 011-234-001 through 025) and Authorizing the City Manager to Execute All Necessary Documents Staff Report
Resolution
Water Demand Calculations
Site Plan
5E. Approve a Resolution Approving the Application for Statewide Park Development and Community Revitalization Program
Staff Report
Resolution
5F. Receive the State Controller's Office Audit Report for Road Maintenance and Rehabilitation Program (RMRP)
Staff Report
State Controller's Office Final Audit Report
5G. Receive the September 2026 Financial Report and Quarterly Summary of Cash 3 and Investments for the City of Sand City and Sand City Successor Agency Staff Report
Sand City Cash Receipt Report
Sand City Check Report
Sand City Successor Agency Revenue Report
Quarterly Summary of Cash and Investments
6. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR
7. PRESENTATION
8. PUBLIC HEARING
9. NEW BUSINESS
9A. Approve a Resolution Approving an Architectural and Engineering Agreement with Whitson and Associates, Inc. DBA Whitson Engineers for Final Design of the Sand City Multi-Use Trail Project, Federal Project No. 5366(002), in an Amount not to Exceed $920,899.34, and Authorizing the City Manager to Execute the Agreement
Staff Report
Resolution
A&E Agreement with Whitson Engineers (Exhibit 10-R) with Attachments A through C
Negotiation and Fair and Reasonable Price Memo to Caltrans 9B. Approve a Resolution Approving a Public Works Contract for Construction Services with Monterey Peninsula Engineering (MPE) in an Amount not to Exceed $1,081,285 for the FY 25-26 Street Maintenance and Rehabilitation Staff Report
Resolution
Contract
Exhibit A
Exhibit B
9C. Approve a Resolution Adopting the Guiding Principles for the Sand City 2050 General Plan Update
Staff Report
Resolution
Exhibit A-Final 2050 GPU Guiding Principles
Draft Guiding Principles Redlined for Reference
Draft Guiding Principles Community Survey and Sand City Survey Data Write-Up
10. COMMENTS BY COUNCILMEMBERS ON ITEMS OF INTEREST TO SAND CITY
11. ADJOURNMENT
4 The current agenda is available in PDF format on our website at:
www.sandcity.org
If you have a request for a disability-related modification or accommodation, including auxiliary aids or services, which will allow you to participate in a Sand City public meeting, please call the City Clerk at (831) 394-3054 extension 220, or give your written request to the City Clerk at 1 Pendergrass Way, Sand City, CA 93955 at least 48 hours prior to the scheduled meeting to allow the City Clerk time to arrange for the requested modification or accommodation.
5 AGENDA ITEM
5A.
Approve Resolutions Recognizing Breast
Cancer Awareness Month, Domestic
Violence Awareness Month, Filipino
American History Month, Indigenous
Peoples Day, Native American Heritage
Month, and Veterans Day
6 Memo
To: City Council of Sand City
From: Mary Ann Carbone, Mayor
Date: October 20, 2026
Re: Mayor’s Proclamations-Resolutions
This is a request for your consideration and approval of the attached resolutions listed below:
Breast Cancer Awareness Month Resolution
Domestic Violence Awareness Month Resolution
Filipino American History Month Resolution
Indigenous Peoples Day Resolution
Native American Heritage Month Resolution
Veterans Day Resolution
7 CITY OF SAND CITY
RESOLUTION SC 26-___, 2026
RESOLUTION OF THE CITY COUNCIL OF SAND CITY DECLARING OCTOBER 2026 AS
BREAST CANCER AWARENESS MONTH
WHEREAS, breast cancer is the most common non-skin cancer affecting women in the United States, with approximately 321,910 women nationwide expected to be diagnosed in 2026; and WHEREAS, an estimated 1 in 8 women in the United States will develop breast cancer in their lifetime, affecting individuals from every community, background, and walk of life; and WHEREAS, the World Health Organization has designated the 2026 campaign theme as "Every story is unique, every journey matters," emphasizing that behind every diagnosis is a person, a family, and a unique medical experience requiring tailored support and dignified care; and
WHEREAS, data shows that more than 30% of breast cancers are preventable through healthy behaviors—such as maintaining a regular exercise regimen, a healthy weight, and limiting alcohol and tobacco use—yet significant gaps remain between public awareness and taking preventative action; and
WHEREAS, early detection remains the most powerful tool to save lives, and the State of California provides critical healthcare resources through programs like Every Woman Counts, offering free clinical breast exams and mammograms to underserved, low-income, or uninsured individuals; and
WHEREAS, during October, we honor the courage of breast cancer survivors, offer our strength to those actively fighting the disease, remember those we have lost, and express gratitude to the healthcare providers, researchers, and community advocates working tirelessly to find a cure.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Sand City does hereby designate the month of October 2026 as Breast Cancer Awareness Month in the City of Sand City.
BE IT FURTHER RESOLVED that this body urges all residents to become informed about their unique risk factors, recognize the early warning signs, and utilize available California health programs to schedule regular screenings and mammograms.
PASSED AND ADOPTED by the City Council of the City of Sand City this ____ day of _____, 2026 by the following vote:
AYES:
NOES:
ABSENT:
8 ABSTAIN:
APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:
DATED: ____________________
___________________________
Kerry Lindstrom, City Clerk
9 CITY OF SAND CITY
RESOLUTION SC 26-___, 2026
RESOLUTION OF THE CITY COUNCIL OF SAND CITY DESIGNATING OCTOBER 2026 AS
DOMESTIC VIOLENCE AWARENESS MONTH
WHEREAS, domestic violence is a serious crime that affects individuals of every age, race, religion, economic status, and background, and has devastating impacts on individuals, families, and communities; and
WHEREAS, in California, domestic violence-related incidents account for approximately 20 percent of all violent crimes; and
WHEREAS, the impact is deeply felt locally, requiring continuous vigilance and proactive regional support to address domestic violence; and
WHEREAS, the 2026 national campaign theme, #WithSurvivorsAlways, challenges our community to transition from basic awareness into consistent, actionable, and lifelong support for survivors and their families; and
WHEREAS, vital local organizations, rape crisis centers, and law enforcement agencies work tirelessly to provide emergency shelter, 24-hour crisis hotlines, legal advocacy, and safety planning for victims fleeing abuse; and
WHEREAS, the City of Sand City recognizes that breaking the cycle of domestic abuse requires a collaborative community-wide effort to condemn violence, support dedicated local service providers and promote safety and justice for all.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sand City hereby designates October 2026 as Domestic Violence Awareness Month and urges all residents, local businesses, and community partners to actively support survivors and join in the effort to eliminate domestic violence.
PASSED AND ADOPTED by the City Council of the City of Sand City this ___ day of _____ 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________________
Mary Ann Carbone, Mayor
10 ATTEST:
DATED: ____________________
___________________________
Kerry Lindstrom, City Clerk
11 CITY OF SAND CITY
RESOLUTION SC 26-___, 2026
RESOLUTION OF THE CITY COUNCIL OF SAND CITY CELEBRATING OCTOBER 2026
AS FILIPINO AMERICAN HISTORY MONTH
WHEREAS, the month of October is nationally recognized as Filipino American History Month to commemorate the first recorded presence of Filipinos in the continental United States, who arrived on October 18, 1587, at Morro Bay, California; and WHEREAS, California is home to the largest population of Filipino Americans in the United States, whose vibrant culture, rich history, and deep-rooted values have significantly shaped the economic, cultural, and civic landscape of the Golden State; and WHEREAS, the Filipino American community contributes immensely to the vital fabric of our local community as business owners, healthcare professionals, educators, essential workers, and community leaders; and
WHEREAS, Filipino Americans have a proud legacy of service, including serving honorably in the United States Armed Forces, championing labor rights alongside historic figures like Larry Itliong and Philip Vera Cruz, and leading critical advancements in medicine, technology, and public service; and
WHEREAS, celebrating Filipino American History Month provides an opportunity for all residents of Sand City to learn about, appreciate, and honor the diverse history, struggles, achievements, and contributions of Filipino Americans to our community and our nation; and WHEREAS, the City of Sand City is proud to cultivate an inclusive environment that values diversity, promotes equity, and honors the cultural heritage of all its residents.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sand City does hereby declare that October 2026 is celebrated as Filipino American History Month in Sand City.
BE IT FURTHER RESOLVED that the City Council encourages all residents to participate in local celebrations, educational programs, and community events that recognize and honor the rich history and contributions of Filipino Americans.
PASSED AND ADOPTED by the City Council of the City of Sand City this ___ day of _____ 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
12 APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:
DATED: ____________________
___________________________
Kerry Lindstrom, City Clerk
13 CITY OF SAND CITY
RESOLUTION SC 26-___, 2026
A PROCLAMATION OF THE MAYOR OF THE CITY COUNCIL OF THE CITY OF SAND CITY DECLARING OCTOBER 12, 2026, AS INDIGENOUS PEOPLES' DAY WHEREAS, the City of Sand City recognizes that the Indigenous Peoples of the Americas that first inhabited these lands have lived here since time immemorial; and WHEREAS, California is home to one of the largest and most diverse populations of Indigenous peoples in the United States, including over 100 federally recognized tribes and numerous non-federally recognized tribes; and
WHEREAS, the City of Sand City occupies the ancestral, traditional, and unceded lands of the Esselen, Rumsen, Salinian, Mutsun, Chumash, and Ohlone people, who have stewarded this land throughout generations; and
WHEREAS, the City desires to correct historical inaccuracies and recognize that the systematic oppression, displacement, and colonization of Indigenous peoples have caused deep and lasting generational trauma; and
WHEREAS, California has made significant commitments to truth, healing, and tribal sovereignty, acknowledging the resilience, vibrant culture, and invaluable contributions of Native Americans to our state's economy, environmental stewardship, and cultural fabric; and WHEREAS, the second Monday of October is increasingly recognized across the United States and the State of California as Indigenous Peoples’ Day, serving as an opportunity to celebrate and honor the history, culture, and continuing contributions of Indigenous communities; and
WHEREAS, on October 12, 2026, the City wishes to stand in solidarity with Indigenous peoples and commit to promoting prosperity, well-being, and respect for Native American communities within our jurisdiction.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Sand City does hereby declare October 12, 2026, as Indigenous Peoples’ Day, encourages the community to honor and learn about local Indigenous peoples’ history and culture, and commits to working with tribal leaders to ensure Indigenous voices and perspectives are respected in the community’s future.
PASSED AND ADOPTED by the City Council of the City of Sand City this ____ day of _____ 2026, by the following vote:
AYES:
NOES:
ABSENT:
14 ABSTAIN:
APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:
DATED: ____________________
___________________________
Kerry Lindstrom, City Clerk
15 CITY OF SAND CITY
RESOLUTION SC 26-___, 2026
RESOLUTION OF THE CITY COUNCIL OF SAND CITY RECOGNIZING AND
PROCLAIMING NOVEMBER AS NATIVE AMERICAN HERITAGE MONTH
WHEREAS, the history and culture of our nation and state are deeply intertwined with the heritage, contributions, and rich traditions of Native Americans; and WHEREAS, the indigenous people of the Americas have inhabited these lands since time immemorial, demonstrating a deep respect for the environment, community, and the preservation of sacred traditions; and
WHEREAS, Native Americans have made profound contributions to the cultural, political, economic, and spiritual fabric of California, offering vital wisdom in leadership, sustainability, and community resilience; and
WHEREAS, the City of Sand City recognizes the importance of honoring the ancestral lands and history of the local tribes who originally stewarded the Central Coast region; and WHEREAS, Native American Heritage Month provides an essential opportunity to educate our community about the unique challenges Native populations have historically faced, as well as their ongoing triumphs and enduring impact on society; and WHEREAS, the City of Sand City is committed to fostering an inclusive, diverse, and equitable community that respects and celebrates the heritage of all its residents.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sand City hereby recognize the month of November as Native American Heritage Month in Sand City, and encourages all residents to learn about, honor, and celebrate the rich history, culture, and achievements of Native Americans.
PASSED AND ADOPTED by the City Council of the City of Sand City this ___ day of _____ 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________________
Mary Ann Carbone, Mayor
16 ATTEST:
DATED: ____________________
___________________________
Kerry Lindstrom, City Clerk
17 CITY OF SAND CITY
RESOLUTION SC 26-___, 2026
RESOLUTION OF THE CITY COUNCIL OF SAND CITY RECOGNIZING NOVEMBER 11, 2026, AS VETERANS DAY AND HONORING ALL WHO HAVE SERVED IN
THE UNITED STATES ARMED FORCES
WHEREAS, throughout our nation’s history, brave men and women from all walks of life have selflessly donned the uniform of the United States Armed Forces to protect the security, liberties, and foundational values of our country; and
WHEREAS, Veterans Day originated from the historic 1918 armistice that silenced the gunfire of World War I on the 11th hour of the 11th day of the 11th month, serving as an enduring reminder of the immense cost of freedom and the triumph of peace; and WHEREAS, the United States is home to millions of veterans, active-duty service members, and military families whose resilience, skill, and sacrifices form the true strength and backbone of our national defense; and
WHEREAS, the residents of Sand City, California have a profound sense of gratitude for our veterans, recognizing them not only as defenders of liberty but as vital members of our local community—as neighbors, colleagues, business owners, and pillars of civic life; and WHEREAS, it is the duty of all civilians to publicly respect, honor, and remember the contributions of these service members, ensuring that their legacy of courage is passed down to future generations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sand City does hereby recognize Wednesday, November 11, 2026, as Veterans Day in Sand City, California.
BE IT FURTHER RESOLVED that the City Council calls upon all residents, businesses, and community organizations to express their deep appreciation to our veterans for their exceptional service, valor, and devotion to the United States of America.
PASSED AND ADOPTED by the City Council of the City of Sand City this ___ day of _____ 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Veterans
___________________________
18 Mary Ann Carbone, Mayor
ATTEST:
DATED: ____________________
___________________________
Kerry Lindstrom, City Clerk
19 AGENDA ITEM
5B.
Consideration and Approval of a City
Council Donation to Community
Emergency Response Volunteers (CERV)
20 City of Sand City
STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Jennifer Pope, Finance Manager
SUBJECT: City Council Donation
DATE: October 20, 2026
BACKGROUND/DISCUSSION:
On May 7th, 2024, the City Council approved a City Council Donation Policy that allows the City Council to donate to local organizations that help provide community services and programs that benefit the community and enrich the well-being of its residents.
Donations that exceed $500 must be brought to the City Council for approval.
Below is a donation request exceeding $500 for City Council approval:
$800 – Community Emergency Response Volunteers (CERV) CEQA:
This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378.
FISCAL IMPACT:
Funds for City Council donations were appropriated in the FY 26-27 budget.
RECOMMENDATION:
Approve an $800 donation to the Community Emergency Response Volunteers (CERV) ATTACHMENTS:
1. Donation Request Form – Community Emergency Response Volunteers (CERV) 21 City of Sand City - Donation Request Form
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Total Amount Requested:
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22 AGENDA ITEM
5C.
Receive Information Regarding the 2025
Pavement Management Program Update
Reimbursement Agreement Between the
Transportation Agency for Monterey
County and the City of Sand City for an
Amount Not to Exceed $15,700
23 City of Sand City
STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Leon Gomez, City Engineer
SUBJECT: Informational item regarding Pavement Management Program Update 2025 Reimbursement Agreement (“Agreement”) between the Transportation Agency for Monterey County and the City of Sand City for a not to exceed amount of $15,700.
DATE: October 20, 2026
_______________________________________________________________________ BACKGROUND/DISCUSSION:
This is an informational item only. The City of Sand City (City) has developed a Pavement Management Program (PMP) to provide a systematic, data-driven framework to maintain, repair, and optimize its street network balancing life-cycle costs and to provide recommendations for maintenance and rehabilitation of streets. On November 8, 2016, the voters of Monterey County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq. (the “Act”), approved Measure X (TAMC Ordinance No. 2016-01) on the Monterey County Ballot, thereby authorizing the Transportation Agency for Monterey County (TAMC) to impose and administer the proceeds from a three-eighths cent transaction and use tax, which became “Measure X”.
Measure X was established as a local "self-help" funding program to address roadway maintenance, safety, mobility, and congestion needs through a dedicated three-eighths cent sales tax. The State of California began collecting revenues from the Measure X sales tax on April 17, 2017.
On June 20, 2017, the City of Sand City (City) entered into a Master Programs Funding Agreement (“Master Agreement”) with TAMC setting forth the mutual obligations and rights of TAMC and the City with respect to the allocation of Measure X funds. The Master Agreement was amended by both parties on January 6, 2021 (“Master Agreement Amendment No 1”) to include the Maintenance of Effort definition consistent with Ordinance No. 2019-01. The Master Agreement was again amended by both parties on September 11, 2024 (“Master Agreement Amendment No 2”) to include the Maintenance of Effort definition consistent with Ordinance No. 2024-01.
24 One of the City’s obligations under the Master Agreement is to re-inspect pavement conditions every three (3) years for arterials and collectors and every six (6) years for residential streets and local/rural roads unless otherwise approved by TAMC. The attached Agreement allows the City to accomplish this inspection requirement by taking advantage of a regional effort to share the cost of the inspection with our neighboring jurisdictions. To support the regional PMP update for member agencies, on September 3, 2025, TAMC issued a Request for Proposals (RFP) for pavement management services and selected Nichols Consulting Engineers (NCE) as the most qualified firm to perform the required services.
To comply with the requirements of the Master Agreement with TAMC and to continue to receive its share of Measure X funds, the City will enter into an Agreement with TAMC to reimburse its proportionate share of the costs associated with the consultant services for the PMP Update. Staff reviewed NCE’s scope of work and tasks and selected only those needed for Sand City’s PMP update. The total not to exceed amount of the Agreement is $15,700.
CEQA:
The City of Sand City has determined that this action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines, Article 20, Section 15378. Under Section 15378(b)(4), the reimbursement agreement is a government fiscal activity that does not commit the City to any specific project that may result in a potentially significant physical impact on the environment. Even if it were considered a project, the PMP Update would be exempt under CEQA guidelines Section 15306 (Information Collection), because it consists only of pavement condition data collection and evaluation.
Any subsequent discretionary projects that may result from this action will be evaluated for CEQA applicability.
FISCAL IMPACT:
Entering into this agreement with TAMC will require the City to reimburse its proportionate share of the costs resulting in a not to exceed cost of $15,700.00.
RECOMMENDATION:
This is an informational item only. No action is necessary as the agreement is within the authority of the City Manager to execute. (SC 12.18.040.) ATTACHMENTS:
Agreement
25 PMP Update 2025 Reimbursement Agmt Page 1 of 8
City of Sand City
MEASURE X
PAVEMENT MANAGEMENT PROGRAM UPDATE 2025 REIMBURSEMENT AGREEMENT between the
TRANSPORTATION AGENCY FOR MONTEREY COUNTY
and the
City of Sand City
This Pavement Management Program Update 2025 Reimbursement Agreement (“AGREEMENT”) is effective as of the last date opposite the respective signatures below and is entered into by and between the Transportation Agency for Monterey County (“TAMC”) and the City of Sand City (“AGENCY”), collectively referred to as “PARTIES”.
RECITALS
1. WHEREAS, on November 8, 2016, the voters of Monterey County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq. (the “Act”), approved Measure X (TAMC Ordinance No. 2016-01) on the Monterey County Ballot, thereby authorizing TAMC to impose and administer the proceeds from a three-eighths cent transaction and use tax (“Measure X”); and
2. WHEREAS, on June 20, 2017, AGENCY entered into a Master Programs Funding Agreement (“Master Agreement”) setting forth the mutual obligations and rights of TAMC and AGENCY with respect to the allocation of Measure X funds; and
3. WHEREAS, the Master Agreement was amended by the PARTIES on January 6, 2021 (“Master Agreement Amendment No 1”) to include the Maintenance of Effort definition consistent with Ordinance No. 2019-01; and
4. WHEREAS, the Master Agreement was amended by the PARTIES on September 11, 2024 (“Master Agreement Amendment No 2”) to include the Maintenance of Effort definition consistent with Ordinance No. 2024-01; and
5. WHEREAS, one of AGENCY’S obligations under the Master Agreement is to re-inspect pavement conditions every three (3) years for arterials and collectors and every six (6) years for residential streets and local/rural roads unless otherwise approved by TAMC; and
6. WHEREAS, TAMC is procuring consulting services to assist participating agencies in meeting Pavement Management Program (PMP) requirements and to provide additional pavement management services as requested; and 26 PMP Update 2025 Reimbursement Agmt Page 2 of 8
City of Sand City
7. WHEREAS, on September 3, 2025, TAMC issued a Request for Proposals (RFP) for pavement management services and Nichols Consulting Engineers was selected as the most qualified firm to perform the required services; and
8. WHEREAS, the AGENCY desires to enter into an AGREEMENT with TAMC to reimburse its proportionate share of the costs associated with the consultant services for the Pavement Management Program Update;
NOW, THEREFORE, it is mutually agreed by and between the PARTIES as follows:
1. Scope of Services: TAMC shall procure and oversee services provided by Nichols Consulting Engineers for the Pavement Management Program Update, including pavement condition re-inspections and any additional services requested by the AGENCY within the scope of work of TAMC’s agreement with Nichols Consulting Engineering.
2. Cost Sharing and Reimbursement: The AGENCY agrees to reimburse TAMC for its proportionate share of the total consultant costs, as outlined in Exhibit A (Fair Share Costs for the City of Sand City for Pavement Management Program Update 2025 Consulting Services). Payment shall be made within 30 days of invoice receipt from TAMC.
3. Reporting and Coordination: TAMC shall provide regular updates to the AGENCY regarding project progress, deliverables, and expenditures. The AGENCY shall cooperate with TAMC and the consultant to facilitate timely completion of services.
4. Term: This AGREEMENT shall be effective upon execution and shall remain in effect until June 30, 2027, unless terminated earlier in accordance with Section II, Paragraph 2, Termination.
5. Termination: Either party may terminate this AGREEMENT by giving written notice of termination to the other party at least thirty (30) days prior to the effective date of termination. Such notice shall set forth the effective date of termination. In the event of such termination, the amount payable under this AGREEMENT shall be reduced in proportion to the services provided prior to the termination date.
6. Indemnification: Each Party shall indemnify, defend, and hold harmless the other Party from any claims, liabilities, or damages arising from its own acts or omissions in connection with this AGREEMENT.
7. Additional Acts and Documents: Each party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of this AGREEMENT.
27 PMP Update 2025 Reimbursement Agmt Page 3 of 8
City of Sand City
8. Integration: This AGREEMENT represents the entire agreement of the parties with respect to the subject matter thereof. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein.
9. Applicable Law: This AGREEMENT shall be governed by, and constructed and enforced in accordance with, the laws of the State of California.
10. Amendment: This AGREEMENT may not be changed, modified or rescinded except in writing, signed by all parties hereto. Any attempt at oral modification of this AGREEMENT shall be void and of no effect.
11. Notices: Notice required under this AGREEMENT shall be delivered personally by facsimile, or by first-class postage pre-paid mail to AGENCY and TAMC at the addresses listed below. Notice shall be deemed effective upon personal delivery or facsimile transmission, or on the third day after deposit with the U.S. Postal Service. AGENCY and TAMC shall give prompt notice of any change of address, including contact name and title. Unless otherwise changed according to these notice provisions, notices shall be addressed as follows:
FOR AGENCY: FOR TAMC:
Vibeke Norgaard Laurie Williamson
City Manager Senior Engineer
1 Pendergrass Way 55 B Plaza Circle
Sand City, CA 93955 Salinas, CA 93901
831.394.3054 831.775.4415
[email protected] [email protected]
12. Waiver: Any waiver of any terms of this AGREEMENT shall be in writing signed by both parties hereto. A waiver of any of the terms and conditions of this AGREEMENT shall not be construed as a waiver of any other terms or conditions in this AGREEMENT.
13. Assignment: Neither party hereto may assign, sell, or otherwise transfer its interest or obligations in this AGREEMENT without the prior written consent of the other party.
14. No Rights in Third Parties: Nothing in this AGREEMENT, express or implied, is intended to confer any rights or remedies under or by reason of this AGREEMENT on any third party, nor is anything in this AGREEMENT intended to relieve or discharge the obligation or liability of any third party o any party to this AGREEMENT, nor shall any provision of this AGREEMENT give any third party any right of subrogation or action over or against any party to this AGREEMENT.
28 PMP Update 2025 Reimbursement Agmt Page 4 of 8
City of Sand City
15. Headings: The headings in this AGREEMENT are for convenience only and shall not be used to interpret the terms of this AGREEMENT.
16. Construction of Agreement: The parties hereto agree that each party has fully participated in the review and revision of this AGREEMENT and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this AGREEMENT or any amendment to this AGREEMENT.
17. Signatory’s Warranty: Each party warrants to each other that he or she is fully authorized and competent to enter into this AGREEMENT on behalf of TAMC and AGENCY in the capacity indicated by his or her signature and agrees that TAMC and AGENCY shall be bound by this AGREEMENT as of the last date opposite the respective signatures below.
18. Incorporation of Recitals: The recitals to this AGREEMENT are incorporated into this
AGREEMENT
19. Electronic signatures: PARTIES understand and agree that this AGREEMENT can be signed electronically.
29 PMP Update 2025 Reimbursement Agmt Page 5 of 8
City of Sand City
In Witness Whereof, the parties have executed this AGREEMENT by their duly authorized officers which shall be effective as of the last date opposite the respective signatures below.
City of Sand City (AGENCY) Transportation Agency for
Monterey County (TAMC)
By: By:
Vibeke Norgaard Todd A. Muck
City Manager Executive Director
Dated: Dated:
Approved as to Form and Legality:
By: By:
Adam Lindgren Shane Eben Strong
City Attorney TAMC Counsel
Dated: Dated:
30 PMP Update 2025 Reimbursement Agmt Page 6 of 8
City of Sand City
EXHIBIT A
FAIR SHARE COSTS OF THE CITY OF SAND CITY FOR
PAVEMENT MANAGEMENT PROGRAM UPDATE 2025 CONSULTING SERVICES
TASK DESCRIPTION COST
1 Project Management $ 1,509.00
2 Database Review and Update $ 48.00
3.1 Pavement Condition Surveys of
Residential and Local Roadways $ 519.00
3.2 Pavement Condition Surveys of
Arterial and Collector Roadways $ 364.00
4 Update Maintenance and Rehabilitation
Strategies and Decision Tree $ 2,336.28
5 Budget Analysis and Funding Scenarios $ 3,060.85
6.1 Final Reports $ 6,570.90
6.2 Council Presentations $
7.1 Training and Technical Support $ 1,286.29
7.2 Technical Assistance $
8 GIS Linkage and Mapping $
9 Traffic Sign Inventory $
TOTAL ANTICIPATED COST $ 15,694.32
NOT TO EXCEED AMOUNT $ 15,700.00
31 PMP Update 2025 Reimbursement Agmt Page 7 of 8
City of Sand City
EXHIBIT B
PAVEMENT MANAGEMENT PROGRAM REQUIREMENTS
The approved ordinance for the Transportation Safety & Investment Plan (Measure X) outlines the requirements for the use of local road maintenance, pothole repair and safety funds. It includes a requirement for each jurisdiction to have a pavement management program. "Each city and the County of Monterey shall develop, or participate in the development of by TAMC, a pavement management program. They shall submit regular reports on the conditions of their streets, to ensure timely repairs and keep the public informed. Development of the pavement management program by TAMC is eligible to be funded out of this program prior to distribution of funds to the cities and the County."
SYSTEM REQUIREMENTS: In order to receive Measure X funds, the cities and the County shall utilize a pavement management program (PMP) and submit regular reports on the conditions of their streets, to ensure timely repairs and keep the public informed. The pavement management program should utilize an approved software-based tool for analyzing pavement conditions and reports findings on rehabilitation/maintenance strategies based on funding levels. The pavement management program used by the jurisdiction must contain, at a minimum, the following features:
Store the inventory all roadways within a jurisdiction (in a compatible database with other jurisdictions).
Assess the condition of the roadways (based on seven distresses and three severity levels).
Provide the current Pavement Condition Index (PCI) for the roadways (as per ASTM D6433).
Identify all pavement sections needing maintenance, rehabilitation, or replacement. Calculate budget needs for maintenance, rehabilitation or replacement of deficient pavement sections (for the current year and the next three years at various overall condition levels).
Develop maintenance strategies for the most cost-effective level of maintenance or repair appropriate at the time of the inspection.
Generate pavement management program reports (in various formats). 32 PMP Update 2025 Reimbursement Agmt Page 8 of 8
City of Sand City
All jurisdictions must implement and maintain an approved Pavement Management Program (“StreetSaver” or equivalent). The “StreetSaver” Pavement Management Program developed by Metropolitan Transportation Commission (MTC) is the most utilized program in the Bay Area and would be an excellent program for this region as well. The use of the “StreetSaver” Pavement Management Program is recommended (but not required) since it would allow good compatibility between local jurisdictions and also provide regional benefits.
Jurisdictions may elect to use an alternative pavement management program provided it meets the above listed minimum requirements and receives written approval from TAMC.
The Agency will assist with the development of an overall pavement management implementation plan for this region with the participation and coordination of all the cities and the county. The Agency recommends the development of a regional system to benefit from a coordinated system. The regional system would be developed collaboratively between local jurisdictions. In order to have a regional database, it is recommended that all agencies utilize a common pavement management program. This would allow compilation of information on a regional basis. It would also create opportunities for interagency coordination and to guide regional transportation investments and planning.
UPDATE REQUIREMENTS: The jurisdictions must complete the following updates:
Review and update the pavement information for all roads every two years. Pavement conditions must be re-inspected every three years for arterials and collectors. Pavement conditions must be re-inspected every six years for residential streets and local/rural roads, unless otherwise approved by TAMC. Pavement condition surveys may be done by either automated or manual inspections and may be done either individually or in conjunction with another agency. A percentage of the network can be scheduled each year so that the entire network is updated on a regular cycle.
REPORT REQUIREMENTS: All jurisdictions shall submit an annual Pavement Management Program Report Letter to TAMC no later than December 31 of each year the Measure X tax is in effect using the approved report letter format. It shall include all the highlighted information and shall be on local agency letterhead (see attached template).
All jurisdictions shall also participate in the biennial pavement needs survey conducted for the California Statewide Local Streets and Roads Needs Assessment and provide the requested roadway data for their jurisdiction.
33 AGENDA ITEM
5D.
Approve a Resolution Allocating 0.068
Acre-Feet per year of Water to the
Independent at 600 Ortiz Avenue (APNs
011-234-001 through 025) and Authorizing
the City Manager to Execute All Necessary
Documents
34 City of Sand City
STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Nicholas McIlroy, AICP, Planning Manager and Matt Papurello, Contract Planner with EMC Planning Group
SUBJECT: Water Allocation for 600 Ortiz Avenue
DATE: October 20, 2026
WATER ALLOCATIONS
The City of Sand City maintains the authority to allocate water from its available entitlement to development projects within the city. Before the Monterey Peninsula Water Management District (MPWMD) issues a water permit, projects requiring new water demand must obtain an allocation from the City through a City Council resolution.
BACKGROUND / DISCUSSION
On December 3, 2024, the City Council approved Resolution SC 24-72 and CUP/CDP 24-002, allowing Diversyfund, Inc. to convert 5,431 square feet of first-floor retail space into seven rental apartments at "The Independent," located at 600 Ortiz Avenue (APNs:
011-234-001 through 025).
The original project drew approximately 0.38 acre-feet per year (AFY) from the site's existing 0.75 AFY Group I commercial capacity for the seven new residential units, leaving approximately 0.37 AFY for the remaining commercial space. Subsequent review by MPWMD determined that fixture units for washing machines are required for each of the seven apartments, adding 7.0 fixture units. The units now require 44.6 fixture units (0.446 AFY) in total, against 37.8 fixture units (0.378 AFY) of existing capacity for the converted floor area, a net need of 6.8 fixture units (0.068 AFY). The MPWMD water release form uses 5,398 square feet for the converted area. MPWMD staff has advised that a site's water capacity cannot drop below the minimum for its existing floor area, even when vacant, so the remaining commercial space keeps its capacity and the additional 0.068 AFY must come from the City's entitlement, as detailed in the Water Demand Calculations (Attachment 2). 35 Staff has reviewed the request and confirmed that:
Sufficient water is available within the City's entitlement to accommodate the additional 0.068 AFY allocation.
The proposed allocation complies with the City's General Plan, zoning regulations, and prior development approvals, and will allow the applicant to secure necessary permits from MPWMD.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The environmental impacts of the project were previously evaluated and determined to be exempt from CEQA pursuant to CEQA Guidelines Section 15332 (Infill Development Projects). The proposed water allocation does not create any new or significant environmental impacts beyond those previously analyzed and approved.
FISCAL IMPACT
Approval of the requested water allocation has no direct fiscal impact on the General Fund.
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution:
1. Authorizing the allocation of an additional 0.068 acre-feet per year (AFY) of water from the City's available water entitlement to The Independent at 600 Ortiz Avenue (APNs: 011-234-001 through 025); and
2. Authorizing the City Manager to execute any necessary agreements and related documents to implement the water allocation.
ATTACHMENTS
1. Draft Resolution
2. Water Demand Calculations
3. Site Plan
36 CITY OF SAND CITY
RESOLUTION SC , 2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAND CITY ALLOCATING 0.068 ACRE-FEET PER YEAR OF WATER TO THE INDEPENDENT AT 600 ORTIZ AVENUE (APNS: 011-234-001 THROUGH 025) AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY
DOCUMENTS
WHEREAS, Diversyfund, Inc. ("Applicant") is developing seven residential rental units within the existing commercial space at 600 Ortiz Avenue ("Project"); and WHEREAS, on December 3, 2024, the City Council approved Resolution SC 24-72 and CUP/CDP 24-002 allowing the conversion of first-floor commercial space to seven rental apartments at the Project; and
WHEREAS, the Project requires a water allocation from the City of Sand City prior to obtaining water permits from the Monterey Peninsula Water Management District ("MPWMD"); and
WHEREAS, City staff reviewed the Project's updated water demand utilizing applicable MPWMD regulations and determined that the Project requires an additional 0.068 acrefeet per year ("AFY") of water to support in-unit laundry facilities, which cannot be drawn from the remaining commercial space because MPWMD requires the site to retain the minimum water capacity for its existing floor area; and WHEREAS, City staff has verified that sufficient water is available within the City's entitlement to accommodate this request; and
WHEREAS, environmental review for the Project was previously addressed and deemed exempt pursuant to the California Environmental Quality Act ("CEQA") under Guidelines Section 15332 (Infill Development); and
WHEREAS, the City Council finds that this water allocation aligns with the City's planning objectives and serves the public interest.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sand City hereby approves the following:
1. Water Allocation: Allocates up to 0.068 AFY of water from the City's available entitlement to The Independent at 600 Ortiz Avenue (APNs: 011-234-001 through 025).
2. Authorization to Execute Documents: Authorizes the City Manager, or designee, to execute any agreements, application forms, permits, or related 37 documents necessary to implement this allocation, subject to review and approval by the City Attorney.
3. Expiration of Allocation: Unless extended by the City Council, this water allocation shall expire if the Project fails to obtain necessary building and water permits within two years of the date of this Resolution.
4. Return of Allocation: If the Project is abandoned or substantially modified, any unused portion of the allocated water shall automatically revert to the City's water entitlement.
PASSED AND ADOPTED by the City Council of the City of Sand City this 20th day of October 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:
DATED: ____________________
___________________________
Kerry Lindstrom, City Clerk
38 MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
RESIDENTIAL WATER RELEASE FORM AND WATER PERMIT APPLICATION NOTE: When approved and signed by the Jurisdiction, this form must be submitted with complete Construction Plans to [email protected]
5 Harris Court, Bldg. G (Ryan Ranch) ♦ Monterey, CA 93940 ♦ (831) 658-5601 Completing the Water Release Form & Water Permit Application does not guarantee issuance of a Water Permit.
ALL SPACES BELOW MUST BE COMPLETED OR THE APPLICATION MAY NOT BE PROCESSED. (Please print firmly)
2. AGENT/REPRESENTATIVE INFORMATION:
Name:
Daytime telep hone:
E-Mail Address:
1. OWNERSHIP INFORMATION:
Name:
Daytime telep hone:
E-Mail Address:
3. PROPERTY INFORMATION:
-
Address: __________
Water Company serving parcel: Assessor's Parcel Number (APN) - Is a Water Meter needed? YES or NO If yes, how many?
NOTE: Separate Water Meters are required for each User, other than certain Residential uses that may qualify for in-line meters.
4. PROJECT DESCRIPTION (Be thorough and detailed):
5. INSTRUCTIONS: Table No. 1 should list the fixtures on the property as they exist before the project. Table No. 2 should reflect all fixtures on the property after the project is completed. Only one Master Bathroom can be designated per Dwelling Unit.
Table No. 1 Existing Property Fixture Count Table No. 2 Post Project Fixture Count (All fixtures before project) (All fixtures after project) Fixture Value Count Type of Fixture Fixture Value Count ________ x 1.0 = ________ Washbasin ________ x 1.0 = __________ Type of Fixture
Washbasin
Two Washbasins in the Master Bathroom ________ x 1.0 = ________ Two Washbasins in the Master Bathroom ________ x 1.0 = __________ Toilet, Ultra Low-Flush (1.6 gallons-per-flush) ________ x 1.8 = ________ Toilet, Ultra Low-Flush (1.6 gallons-per-flush) ________ x 1.8 = __________ Toilet, High Efficiency (HET) ________ x 1.3 = ________ Toilet, High Efficiency (HET) ________ x 1.3 = __________ Toilet, Ultra High Efficiency (UHET) ________ x 0.8 = ________ Toilet, Ultra High Efficiency (UHET) ________ x 0.8 = __________ Urinal, Pint (0.125 gallon maximum) ________ x 0.1 = ________ Urinal, Pint (0.125 gallon maximum) ________ x 0.1 = __________ Urinal, Zero Water Consumption ________ x 0.0 = ________ Urinal, Zero Water Consumption ________ x 0.0 = __________ Master Bath (one per Dwelling):Tub&Shower Stall_______ x 3.0 = ________ Large Bathtub (may have Showerhead above) ________ x 3.0 = ________ Standard Bathtub or Shower Stall (one head) ________ x 2.0 = ________ Master Bath (one per Dwelling):Tub&Shower Stall__ ____ x 3.0 = __________ Large Bathtub (may have Showerhead above) ________ x 3.0 = _________ Standard Bathtub or Shower Stall (one head) _______ x 2.0 = __________ Additional shower heads, body spray, etc) ________ x 2.0 = ________ Additional shower heads, body spray, etc ________ x 2.0 = __________ Shower System, Rain Bar/ Custom Shower (specs) ________ x 2.0 = ________ Shower System, Rain Bars/Custom Shower (specs)________x 2.0 = __________ Kitchen Sink (with optional Dishwasher) ________ x 2.0 = ________ Kitchen Sink (optional dishwasher) ________ x 2.0 = __________ Kitchen Sink with High Efficiency Dishwasher ________ x 1.5 = ________ Kitchen Sink with High Efficiency Dishwasher ________ x 1.5 = __________ Dishwasher, each additional (with optional sink) ________ x 2.0 = ________ Dishwasher, each additional (optional sink) ________ x 2.0 = __________ Dishwasher, High Efficiency (with opt. sink) ________ x 1.5 = ________ Dishwasher, High Efficiency (with opt. sink) ________ x 1.5 = __________ Laundry Sink/Utility Sink (one per Site) ________ x 2.0 = ________ Laundry Sink/Utility Sink (one per Site) ________ x 2.0 = __________ Clothes Washer ________ x 2.0 = ________ Clothes Washer ________ x 2.0 = __________ Clothes Washer, (HECW) ________ x 1.0 = ________ Clothes Washer, (HECW) ________ x 1.0 = __________ Bidet ________ x 2.0 = ________ Bidet ________ x 2.0 = __________ Bar Sink ________ x 1.0 = ________ Bar Sink ________ x 1.0 = __________ Entertainment Sink ________ x 1.0 = ________ Entertainment Sink ________ x 1.0 = __________ Vegetable Sink ________ x 1.0 = ________ Vegetable Sink ________ x 1.0 = __________ Swimming Pool (each 100 sq-ft of pool surface) ________ x 1.0 = ________ Instant-Access-Hot-Water System (fixture credit) ________ x -0.5 = __________ Other _______________________________ ________ x ____ = ________ Other _______________________________ ________ x ____ = ________ Subtotal proposed indoor fixtures = __________ Other _______________________________ ________ x ____ = ________ Landscape – Refer to District Rule 142.1 Other _______________________________ ________ x ____ = ________ “Water Efficient Landscape Requirements” ________ x ___ = ________ Swimming Pool (each 100 sq-ft of pool surface) ________ x 1.0 = __________ ● Use this fixture count if a previous Permit was issued utilizing the Master Bathroom Credit. (Tub may be large.) See District staff for more information.
EXISTING FIXTURE UNIT COUNT TOTAL = PROPOSED FIXTURE UNIT COUNT TOTAL = In completing the Water Release Form, the undersigned acknowledges that any discrepancy or mistake may cause rejection or delay in processing of the application. Additionally, the undersigned is responsible for accurately accounting for all water fixtures. If the fixture unit count changes without notification to the District, or if a difference in fixtures is documented upon official inspection, Water Permits for the property may be canceled. In addition, water fixtures installed without a Water Permit may be cause for interruption of the water service to the Site, additional fees and penalties, the imposition of a lien on the property, and deduction of water from the local Jurisdiction’s Allocation. The property owner/Applicant is required to notify the District and provide Construction Plans as appropriate for each change in the Project made prior to use or occupancy that may affect the project’s Capacity to use water. “PUBLIC ACCESS TO WATER RECORDS” DEED RESTRICTION IS REQUIRED FOR ALL WATER PERMITS.
6. I certify under penalty of perjury that the information provided on this Water Release Form & Water Permit Application is to my knowledge correct, and the information accurately reflects water use presently planned for this property.
Signature of Owner/Agent Date
AUTHORIZATION FOR WATER PERMIT – JURISDICTION USE ONLY
Date:
This form expires after five years from date of authorization for this project by the Jurisdiction or more frequently as determined by the Jurisdiction.
Capitalized terms are defined in MPWMD Rule 11, Definitions U:\demand\Work\Forms\Applications\Residential Water Release & Permit Application Revised 20250301.pdf Water Entitlement Public Credits
Amount:
Print Name
City/County Permit Number _____________________
Pure Water
Authorized by:
WDS (Private Well)
Second Bathroom Protocol
District Reserve
Other No Water Needed
Paralta/Pre-Paralta Allocation
39 The Independent
Current Proposal
• Next steps
• Questions?
40 AGENDA ITEM
5E.
Approve a Resolution Approving the
Application for Statewide Park
Development and Community
Revitalization Program
41 City of Sand City
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Vibeke Norgaard, City Manager and Nick McIlroy, AICP, Planning Manager
SUBJECT: Adopt Resolution SC 26-___ Approving the Application for the Statewide Park Development and Community Revitalization Program for the Sand City Multiuse Trail Improvement Project MEETING DATE: October 20, 2026
BACKGROUND
The Sand City Multiuse Trail Improvement Project will close the final 1.08-mile gap in the Monterey Bay Coastal Recreation Trail (MBCRT), an 18-mile coastal corridor connecting communities along Monterey Bay. Further, the trail will add a much-needed green belt with trailside amenities that will provide active and passive recreation for residents and tourists. Thirty percent design plans were completed July of 2025, and staff are working on use agreements and construction easements actively with Transportation Agency of Monterey County (TAMC), and the City of Seaside.
The total estimated cost of the project based on the thirty percent design plans is $12,062,000. The City has secured the following grant funding to date:
• Monterey Bay Air Resources District (MBARD) grant, awarded 2023: $100,000 • Monterey Bay Air Resources District (MBARD) grant, awarded 2024: $205,000 • AMBAG Carbon Reduction Program grant, awarded 2024: $1,960,000 These awards total $2,265,000, leaving a remaining funding gap of $9,797,000 to fully fund the project. The City has already applied for this same amount, $9,797,000, through the Cycle 8 Active Transportation Program (ATP) call for projects. The Statewide Park Program application described in this report is intended to pursue an additional, parallel funding source to help close that same gap in the event ATP funding is not awarded or is awarded only in part.
DISCUSSION
The Office of Grants and Local Services (OGALS) administers the Statewide Park Program on behalf of the California Natural Resources Agency, Department of Parks and Recreation. As a condition of applying for SPP grant funding, OGALS requires each applicant to submit a completed and signed Authorizing Resolution Form (DPR 860), certifying that the applicant's governing body approves the application, has or will have 42 sufficient funds to complete and operate the project, and has designated an authorized representative to sign application and grant documents on the applicant's behalf. The form must be certified and signed by the City Clerk following a roll call vote of the City Council.
OGALS allows the form to be reformatted on the applicant's letterhead and to include additional signature lines, but the language of the resolution must remain unchanged.
Changes to the language may require legal review by the Department of Parks and Recreation, which could delay approval of the application. Attachment 1 therefore uses the DPR 860 language without change, with the City's information filled in. The only additions are the City letterhead, the resolution number, and a signature line for the Mayor.
By adopting Attachment 1, the City Council approves the filing of the application, certifies that the City has or will have sufficient funds to complete, operate, and maintain the project, agrees to the General Provisions in the Grant Administration Guide and to comply with applicable laws and regulations, and delegates authority to the City Manager, by position title, to negotiate and sign grant documents. The City Clerk will certify the roll call vote on the same document, and the signed resolution will be submitted with the application. OGALS requires that the Ayes exceed the Noes.
The completed application, including the signed Authorizing Resolution, must be submitted to OGALS no later than December 17, 2026.
CEQA
This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378.
FISCAL IMPACT
There is no immediate fiscal impact associated with adopting the attached resolution, and it does not commit the City to accept a grant award. If awarded, SPP grant funding, together with funding the City has already secured, would fund the full cost of construction of the Sand City Multiuse Trail Improvement Project. Maintenance costs are expected to be approximately $115,000 per year and will be funded through the General Fund.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution SC 26-___ approving the application for the Statewide Park Development and Community Revitalization Program and delegating authority to the City Manager to sign grant documents, in connection with the City's application for Statewide Park Program (SPP) grant funding for the Sand City Multiuse Trail Improvement Project.
43 ATTACHMENTS
1. Resolution SC 26-___ (DPR 860 Authorizing Resolution language, reformatted on City letterhead)
44 DPR 860 (New 8/2026) adopted language
CITY OF SAND CITY RESOLUTION NO. SC 26-___
AUTHORIZING RESOLUTION FORM
RESOLUTION OF THE CITY COUNCIL OF CITY OF SAND CITY APPROVING THE
APPLICATION FOR STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM.
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Statewide Park Development and Community Revitalization Program Grant Program, setting up necessary procedures governing the application; and
WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of the application before submission of said application to the State; and
WHEREAS, successful Applicants will enter into a contract with the State of California to complete the Grant Scope project;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby: Approves the filing of an application for the Sand City Multiuse Trail Project; and
1. Certifies that said Applicant has or will have available, prior to commencement of any work on the project included in this application, the sufficient funds to complete the project; and
2. Certifies that if the project is awarded, the Applicant has or will have sufficient funds to operate and maintain the project, and
3. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and
4. Delegates the authority to the City Manager to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope; and
5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
Approved and adopted the _____ day of ________________, 2026.
Mary Ann Carbone, Mayor
APPROVED
I, the undersigned, hereby certify that the foregoing Resolution Number: SC 26-_______ was duly adopted by the City Council following a roll call vote:
Ayes: ________ Noes: ________ Absent: ________
Kerry Lindstrom, City Clerk
_______________________________ _______________________________ Clerk’s Printed Name Clerk’s Signature
45 AGENDA ITEM
5F.
Receive the State Controller's Office Audit
Report for Road Maintenance and
Rehabilitation Program (RMRP)
46 City of Sand City
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Jennifer Pope, Finance Manager
SUBJECT: State Controller’s Office Audit Report - Road Maintenance and Rehabilitation Program (RMRP)
DATE: October 20, 2026
_______________________________________________________________________ BACKGROUND/DISCUSSION:
On September 19, 2017, the City Council approved the use of Senate Bill 1 funding for street and sidewalk improvements.
The Road Maintenance and Rehabilitation Program (RMRP), established by Senate Bill 1 (SB 1), provides funding to cities for the maintenance and rehabilitation of local streets and roads. To be eligible for RMRP funding, cities must meet the program’s Maintenance of Effort (MOE) requirement, which establishes a minimum level of local funding that must be spent on street, road, and highway purposes.
The MOE requirement was based on a city’s average annual discretionary expenditures for Fiscal Years 2009-10, 2010-11, and 2011-12, as reported in the City’s Annual Street Report (ASR). Based on this calculation, Sand City’s annual MOE requirement was established at $478,218 which is extraordinarily high for a city the size of Sand City and will continue to be difficult to meet in future years except for in unusual circumstances.
The State Controller’s Office audited the City’s street expenditure reports for Fiscal Years 2020-21 through 2023-24. The audit found that the City did not meet the RMRP MOE requirements for Fiscal Years 2020-21 and 2021-22 because the City did not maintain the required level of local funding for streets and roads ($478,218 annually). As a result of the extraordinarily high MOE, the City is ineligible to retain the RMRP funds received for those years: $7,137 for Fiscal Year 2020-21 and $7,718 for Fiscal Year 2021-22, totaling $14,855.
The audit also found that the City did not meet the MOE requirement for Fiscal Year 2022-23. However, due to two large projects, the City’s street expenditures in Fiscal Year 2023-24 sufficiently met that fiscal year’s MOE requirement and offset the prior year’s shortfall.
The $14,855 in ineligible RMRP funding will be deducted from future RMRP disbursements to the City.
47 FISCAL IMPACT:
The City is ineligible for $14,855 in RMRP funding received for Fiscal Years 2020-21 and 2021-22 due to noncompliance with the program’s MOE requirements. The State will deduct these funds from future RMRP disbursements.
RECOMMENDATION:
No action is required. This is informational only.
CEQA:
This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378.
ATTACHMENTS:
1. State Controller’s Office Final Audit Report
48 CITY OF SAND CITY
Final Audit Report
ROAD MAINTENANCE AND REHABILITATION PROGRAM
July 1, 2020, through June 30, 2024
MALIA M. COHEN
CALIFORNIA STATE CONTROLLER
September 2026
S25-RMR-0005
49 STATE CONTROLLER’S OFFICE | DIVISION OF AUDITS
Post Office Box 942850 | Sacramento, CA 94250
Sacramento Office: 3301 C Street, Suite 700 | Sacramento, CA 95816 | 916-324-8907 Monterey Park Office: 901 Corporate Center Drive, Suite 200 | Monterey Park, CA 91754 | 323-981-6802 www.sco.ca.gov
50 MALIA M. COHEN
CALIFORNIA STATE CONTROLLER
MAILING ADDRESS P.O. Box 942850, Sacramento, CA 94250
SACRAMENTO 3301 C Street, Suite 700, Sacramento, CA 95816 | 916.324.8907 LOS ANGELES 901 Corporate Center Drive, Suite 200, Monterey Park, CA 91754 | 323.981.6802 September 11, 2026
Ms. Jennifer Pope, Finance Manager
City of Sand City
1 Pendergrass Way
Sand City, CA 93955
Dear Ms. Pope:
The State Controller’s Office audited the City of Sand City’s (the city) Road Maintenance and Rehabilitation Program (RMRP) to determine whether the city complied with RMRP Maintenance-of-Effort (MOE) requirements for the period of July 1, 2020, through June 30, 2024.
Our audit found that the city did not comply with RMRP MOE requirements for fiscal year (FY) 2020-21 and FY 2021-22 because it did not maintain its existing commitment of local funds for street, road, and highway purposes. Therefore, the city is ineligible for the RMRP funds it received in those fiscal years ($7,137 in FY 2020-21 and $7,718 in FY 2021-22).
Furthermore, our audit found that the city’s expenditures for RMRP MOE compliance were inaccurately reported throughout the audit period.
We also found an additional shortfall in the city’s FY 2022-23 RMRP MOE expenditures.
However, the city increased its MOE expenditures in FY 2023-34 sufficiently to meet the MOE requirements for FY 2023-24 and make up the shortfall for FY 2022-23. 51 Ms. Jennifer Pope
September 11, 2026
MAILING ADDRESS P.O. Box 942850, Sacramento, CA 94250
SACRAMENTO 3301 C Street, Suite 700, Sacramento, CA 95816 | 916.324.8907 LOS ANGELES 901 Corporate Center Drive, Suite 200, Monterey Park, CA 91754 | 323.981.6802 If you have any questions regarding this report, please contact Efren Loste, Chief, Local Government Audits Bureau, by telephone at 916-324-7226 or email at [email protected].
Thank you.
Sincerely,
Original signed by
Kimberly A. Tarvin, CPA
Chief, Division of Audits
Copy: The Honorable Mary Ann Carbone, Mayor
City of Sand City
Vibeke Norgaard, City Manager
City of Sand City
Audrey Cray, Administrative Services Manager
City of Sand City
Evelyn Calderon-Yee, Bureau Chief
Local Government Programs and Services Division
State Controller’s Office
52 Office of the State Controller | City of Sand City Road Maintenance and Rehabilitation Program Final Audit Report
September 2026
CONTENTS
SUMMARY 1
BACKGROUND 1
AUDIT AUTHORITY 2
OBJECTIVE, SCOPE, AND METHODOLOGY 2
CONCLUSION 4
FOLLOW-UP ON PRIOR AUDIT FINDINGS 4
VIEWS OF RESPONSIBLE OFFICIALS 4
RESTRICTED USE 4
SCHEDULE—ROAD MAINTENANCE AND REHABILITATION PROGRAM MAINTENANCE-OF-EFFORT DISCRETIONARY EXPENDITURES 5
FINDING AND RECOMMENDATION 6
53 Office of the State Controller | City of Sand City Road Maintenance and Rehabilitation Program Final Audit Report
September 2026
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SUMMARY
The State Controller’s Office (SCO) audited the City of Sand City’s (the city) Road Maintenance and Rehabilitation Program (RMRP) to determine whether the city complied with RMRP Maintenance-of-Effort (MOE) requirements for the period of July 1, 2020, through June 30, 2024.
Our audit found that the city did not comply with RMRP MOE requirements for fiscal year (FY) 2020-21 and FY 2021-22 because it did not maintain its existing commitment of local funds for street, road, and highway purposes. Therefore, the city is ineligible for the RMRP funds that it received in those fiscal years ($7,137 in FY 2020-21 and $7,718 in FY 2021-22). Furthermore, our audit found that the city’s expenditures for RMRP MOE compliance were inaccurately reported throughout the audit period.
We also found an additional shortfall in the city’s FY 2022-23 MOE expenditures. However, the city increased its MOE expenditures in FY 2023-34 sufficiently to meet the MOE requirement for FY 2023-24 and make up the shortfall for FY 2022-23.
BACKGROUND
Senate Bill 1 (Statutes of 2017, Chapter 5), known as the Road Repair and Accountability Act of 2017, created the RMRP to address deferred maintenance on the state highway system and the local street and road system. RMRP funds are apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) section 2032. Article XIX of the California Constitution and SHC sections 2030 through 2038 provide the requirements for RMRP funding.
SHC section 2036 establishes the RMRP MOE requirements. Specifically, to remain eligible for an allocation or apportionment of the RMRP funds, cities and counties must maintain their existing commitment of local funds for street, road, and highway purposes. The required level of funding, or MOE amount, was computed using the city’s average discretionary expenditures 54 Office of the State Controller | City of Sand City Road Maintenance and Rehabilitation Program Final Audit Report
September 2026
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for FY 2009-10, FY 2010-11, and FY 2011-12, as reported in a city’s or town’s Annual Street Report (ASR) or a county’s Annual Road Report. The city’s required MOE contribution is $478,218.
On July 16, 2021, the Governor signed into law Assembly Bill 149 amending SHC section 2036. The amendment allowed cities and counties to use the decrease in taxable sales, if any, from FY 2018-19 through FY 2020-21 to adjust their MOE requirements for FY 2020-21 and FY 2021-22. Furthermore, it allowed a city or county to petition the Controller to use transient occupancy tax revenues, in lieu of taxable sales, for purposes of adjusting the MOE requirement for FY 2021-22. As a result of this amendment, the city’s MOE for FY 2020-21 was reduced to $440,439.
AUDIT AUTHORITY
We conducted this audit in accordance with SHC section 2036(e), which provides the SCO with authority to perform audits to ensure compliance with the MOE.
OBJECTIVE, SCOPE, AND METHODOLOGY
Our audit objective was to determine whether the city complied with RMRP MOE requirements for the period of July 1, 2020, through June 30, 2024.
To achieve our objective, we performed the following procedures:
• We gained an understanding and evaluated the effectiveness of the city’s internal controls that are significant to the audit objective by reviewing policies and procedures, interviewing the city’s key personnel, completing an internal control questionnaire, reviewing the city’s organization chart, and inspecting documents and records. • We assessed the reliability of computer-processed data by reviewing existing information about the data and the system that produced it; by interviewing the city’s officials 55 Office of the State Controller | City of Sand City Road Maintenance and Rehabilitation Program Final Audit Report
September 2026
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knowledgeable about the data; and by tracing data to source documents, based on auditor judgment and non-statistical sampling. We determined that the data was sufficiently reliable for the purposes of achieving our audit objective.
• We conducted a risk assessment to determine the nature, timing, and extent of substantive testing.
• We performed analytical procedures to identify and explain the existence of unusual or unexpected account balances.
• We verified that the expenditures incurred during the audit period were supported by proper documentation and eligible in accordance with the applicable criteria by testing all expenditure transactions that were equal to or greater than the significant item amount (calculated based on materiality threshold), and judgmentally selecting non-statistical samples of other transactions. Errors found were not projected to the intended (total) population. We tested the following categories:
o Services and supplies – We tested $992,633 of $1,404,855. o Labor – We tested $147,806 of $409,987.
o Transfers – We tested all $29,578.
o Acquisitions – We tested $139,543 of $148,839.
We did not audit the city’s financial statements. We limited our audit scope to planning and performing audit procedures necessary to obtain reasonable assurance that the city complied with RMRP MOE requirements.
We conducted this performance audit in accordance with generally accepted government auditing standards. Those standards require that we plan and perform the audit to obtain sufficient, appropriate evidence to provide a reasonable basis for our findings and conclusions based on our audit objective. We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objective. 56 Office of the State Controller | City of Sand City Road Maintenance and Rehabilitation Program Final Audit Report
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CONCLUSION
Our audit found that, for the period of July 1, 2020, through June 30, 2024, the city did not comply with the RMRP MOE requirements, as described in the Finding and Recommendation section.
FOLLOW-UP ON PRIOR AUDIT FINDINGS
We have not previously conducted an audit of the city’s RMRP MOE.
VIEWS OF RESPONSIBLE OFFICIALS
We issued a draft audit report on May 11, 2026. The city’s representatives responded by email on May 20, 2026. The city’s representatives agreed with the audit results.
RESTRICTED USE
This report is solely for the information and use of the city and the SCO; it is not intended to be, and should not be, used by anyone other than these specified parties. This restriction is not intended to limit distribution of this report, which is a matter of public record and is available on the SCO website at www.sco.ca.gov.
Original signed by
Kimberly A. Tarvin, CPA
Chief, Division of Audits
September 11, 2026
57 Office of the State Controller | City of Sand City Road Maintenance and Rehabilitation Program Final Audit Report
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SCHEDULE—ROAD MAINTENANCE AND REHABILITATION PROGRAM
MAINTENANCE-OF-EFFORT DISCRETIONARY EXPENDITURES
July 1, 2020, through June 30, 2024
Discretionary Expenditures
FY 2020-21
Amount
FY 2021-22
Amount
FY 2022-23
Amount
FY 2023-24
Amount
Discretionary expenditures reported
by the city $239,375 $239,171 $416,299 $1,025,432
Audit adjustments:
Less: Overstated expenditures 57,454 67,307 208,270 288,515 Plus: Understated expenditures 0 0 0 59,773
Total discretionary expenditures,
per audit $181,921 $171,864 $208,029 $796,690
The city’s MOE amount $440,439 $478,218 $478,218 $478,218 Total discretionary expenditures,
per audit $181,921 $171,864 $208,029 $796,690
The city met MOE requirement, per
audit
No No Yes Yes
The city had sufficient discretionary expenditures in FY 2023-24 to offset the FY 2022-23 MOE shortfall.
58 Office of the State Controller | City of Sand City Road Maintenance and Rehabilitation Program Final Audit Report
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FINDING AND RECOMMENDATION
Finding—Insufficient MOE Expenditures and Inaccurate
Expenditure Reporting
During our initial review of FY 2020-21 and FY 2021-22 discretionary expenditures reported in the city’s ASR, we identified potential MOE expenditure shortfalls of $201,064 for FY 2020-21 and $239,047 for FY 2021-22. This prompted an audit to determine the city’s compliance with RMRP MOE requirements. During our audit, we verified that expenditures were eligible and reported completely. We found that for FY 2020-21 and FY 2021-22, the city had no additional unreported expenditures but had included in its ASR ineligible expenditures totaling $57,454 for FY 2020-21 and $67,307 for FY 2021-22. This increased the shortfall to $258,518 for FY 2020-21, and $306,354 for FY 2021-22.
As a result, the city had insufficient expenditures to meet the FY 2020-21 and FY 2021-22 MOE requirements. Therefore, the city was ineligible for the $14,855 in RMRP funds that it received in those fiscal years ($7,137 in FY 2020-21 and $7,718 in FY 2021-22). The SCO will withhold the city’s future RMRP fund allocations of up to $14,855 and reallocate such funds to other cities in accordance with SHC section 2036(e)(3).
After completing our audit of FY 2020-21 and FY 2021-22, we expanded our audit scope to include subsequent years to determine whether the city had increased its expenditures sufficiently to make up for these shortfalls, in accordance with SHC section 2036(f).
For FY 2022-23, we found that the city’s reported expenditures of $416,299 included ineligible expenditures of $208,270, resulting in an MOE shortfall of $270,189. For FY 2023-24, we found that the city’s reported expenditures of $1,025,432 included ineligible expenditures of $288,515. However, we also found that the city had inadvertently omitted eligible expenditures of $59,773 from its ASR. After reducing the ineligible amount and adding the eligible amount, the city’s FY 2023-24 total expenditures of $796,690 were sufficient to meet the FY 2023-24 MOE requirement as well as cover the FY 2022-23 shortfall. 59 Office of the State Controller | City of Sand City Road Maintenance and Rehabilitation Program Final Audit Report
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Although the city’s inaccurate reporting of its RMRP MOE expenditures did not consistently result in noncompliance, the city reported its discretionary expenditures inaccurately throughout the audit period. The inaccurate reporting occurred because the city did not follow applicable policies and procedures to ensure that its expenditures for MOE compliance were reported accurately in its ASRs.
Criteria
SHC section 2036(f) states:
If a city or county fails to comply with [MOE requirements] in a particular fiscal year, the city or county may expend during that fiscal year and the following fiscal year a total amount that is not less than the total amount required to be expended for those fiscal years for purposes of complying with [MOE requirements].
SHC section 2036(e)(1) states:
For any city or county that has not complied with [MOE requirements], the Controller shall withhold from its apportionment pursuant to Section 2032 for a fiscal year following an audit an amount up to the amount of funds that the city or county received during the fiscal year that was audited. The amount withheld shall be reapportioned in one annual payment pursuant to [SHC section 2036(e)(3)].
SHC section 2151 states that, on or before December 1 each year, cities and counties must file with SCO complete reports of their street and road expenditures during the preceding fiscal year. Reports from cities must be certified by the cities’ fiscal officers; reports from counties must be certified by the county auditor or the road commissioner, depending on which county official signs the report.
Instructions to Cities for Preparing the Annual Street Report (LGRS Online Submission) [Local Government Financial Reporting System], published in October 2023, provides guidance and step-by-step instructions for reporting revenues and expenditures, including discretionary revenues and expenditures.
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Recommendation
We recommend that the city:
• Ensure that it budgets for and expends its required MOE contribution of $478,218 to comply with the RMRP MOE; and
• Follow applicable policies and procedures to ensure that its expenditures for MOE compliance are reported accurately in its ASR.
City’s Response
The city agreed with the audit results. The city’s representative stated that the city believes the MOE was established at an unusually high level for a jurisdiction of the city’s size. The city’s staff members are currently reviewing the FY 2009-10, FY 2010-11, and FY 2011-12 ASRs in conjunction with the city’s Annual Financial Statements and the city anticipates submitting a formal request for an MOE adjustment in the near future.
End of report
61 AGENDA ITEM
5G.
Receive the September 2026 Financial
Report and Quarterly Summary of Cash
and Investments for the City of Sand City
and Sand City Successor Agency
62 City of Sand City
STAFF REPORT
TO: Honorable Mayor and City Council/Successor Agency Board Members FROM: Jennifer Pope, Finance Manager
SUBJECT: September 2026 Financial Report & Quarterly Summary of Cash and Investments
DATE: October 20, 2026
_______________________________________________________________________ BACKGROUND/DISCUSSION:
Attached are monthly financial reports along with the quarterly cash and investment report for the City of Sand City and the Sand City Successor Agency of the former Redevelopment Agency.
A. City of Sand City Reports
a. Cash Receipt Report, September 2026 (Attachment 1)
Revenue total - $2,175,978
b. Check Report, September 2026 (Attachment 2)
Expenditure total - $676,437
B. Sand City Successor Agency for the former Redevelopment Agency Reports a. Revenue Report, September 2026 (Attachment 3)
Revenue total - $4,400
b. Check Report, September 2026
c. Expenditures total - $0
Transfers
Listed below are transfers from one bank account to another and should not be considered as revenue or expenditure.
Date Source Amount Description
There were no transfers in September 2026.
C. Summary of Cash & Investments, 1st Quarter FY 26/27 (Attachment 4) CEQA:
This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378.
63 FISCAL IMPACT:
There is no fiscal impact with receiving this report.
RECOMMENDATION:
Receive the report.
ATTACHMENTS:
1. Sand City Cash Receipt Report
2. Sand City Check Report
3. Sand City Successor Agency Revenue Report
4. Quarterly Summary of Cash and Investments
64 Transaction Code Entity Account Receipt Date Transaction Description Applied Amount TOT01 R00001937 9/1/2026 12:00:00 AM TOT Tax 1,998.29
TOT01 R00001938 9/1/2026 12:00:00 AM TOT Tax 486.00
WEST R00001939 9/1/2026 12:00:00 AM West End Revenue 337.60 TOT01 R00001940 9/1/2026 12:00:00 AM TOT Tax 1,079.49
TOT02 R00001941 9/1/2026 12:00:00 AM Transient Occupancy Tax Penalties 1,219.85 TOT01 R00001942 9/1/2026 12:00:00 AM TOT Tax 2,307.72
TOT01 R00001943 9/1/2026 12:00:00 AM TOT Tax 756.17
TOT01 R00001944 9/1/2026 12:00:00 AM TOT Tax 1,605.98
TOT01 R00001945 9/1/2026 12:00:00 AM TOT Tax 202,935.17 MCTID R00001945 9/1/2026 12:00:00 AM MCTID 9,641.91
MCTIDA R00001945 9/1/2026 12:00:00 AM MCTID Admin Fee 97.39 TOT01 R00001946 9/1/2026 12:00:00 AM TOT Tax 198.00
UUT R00001947 9/1/2026 12:00:00 AM Utility Users Tax 1,369.52 UUT R00001948 9/1/2026 12:00:00 AM Utility Users Tax 296.62 UUT R00001949 9/1/2026 12:00:00 AM Utility Users Tax 185.90 UUT R00001950 9/1/2026 12:00:00 AM Utility Users Tax 416.28 UUT R00001951 9/1/2026 12:00:00 AM Utility Users Tax 257.64 UUT R00001952 9/1/2026 12:00:00 AM Utility Users Tax 31.10 UUT R00001953 9/1/2026 12:00:00 AM Utility Users Tax 0.34 UUT R00001954 9/1/2026 12:00:00 AM Utility Users Tax 4,201.11 UUT R00001955 9/1/2026 12:00:00 AM Utility Users Tax 6.07 UUT R00001956 9/1/2026 12:00:00 AM Utility Users Tax 0.51 UUT R00001957 9/1/2026 12:00:00 AM Utility Users Tax 0.70 UUT R00001958 9/1/2026 12:00:00 AM Utility Users Tax 11.36 UUT R00001959 9/1/2026 12:00:00 AM Utility Users Tax 25.45 UUT R00001960 9/1/2026 12:00:00 AM Utility Users Tax 19,335.84 ENG01 R00001961 9/2/2026 12:00:00 AM Engineering Fees 950.00 WEST R00001962 9/2/2026 12:00:00 AM West End Revenue 1,000.00 PAR02 R00001963 9/2/2026 12:00:00 AM Sand City Parking 100.00 PAR02 R00001964 9/2/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00001965 9/2/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00001966 9/2/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00001967 9/2/2026 12:00:00 AM Sand City Parking 40.00 WEST R00001968 9/2/2026 12:00:00 AM West End Revenue 2,500.00 WEST R00001969 9/2/2026 12:00:00 AM West End Revenue 81.17 WEL01 R00001970 9/2/2026 12:00:00 AM New Wells Reimbursement from CalAm 537.50 ECO R00001971 9/2/2026 12:00:00 AM Eco Resort 29,626.71 WEST R00001972 9/2/2026 12:00:00 AM West End Revenue 1,991.29 2103 R00001973 9/2/2026 12:00:00 AM Gas Tax 2103 323.42 2105 R00001973 9/2/2026 12:00:00 AM Gas Tax -2105 31 204.02 2106 R00001973 9/2/2026 12:00:00 AM Gas Tax 2106 32 495.47 City of Sand City Cash Receipt Report
By Transaction Code
Date Range: 9/1/2026 - 9/30/2026
65 Transaction Code Entity Account Receipt Date Transaction Description Applied Amount 2107 R00001973 9/2/2026 12:00:00 AM Gax Tax- 2107 33 274.57 21075 R00001973 9/2/2026 12:00:00 AM Gas Tax 2107.5 34 1,000.00 RMRA R00001974 9/2/2026 12:00:00 AM Road Maintenance & Rehab 947.88 REN01 R00001975 9/2/2026 12:00:00 AM Rental Income 3,000.00 TUT01 R00001976 9/2/2026 12:00:00 AM Transaction/Use Tax 411,876.46 STAX R00001977 9/2/2026 12:00:00 AM Sales Tax Received 341,588.47 SSW01 R00001978 9/2/2026 12:00:00 AM Street Sweeper Grant 200,000.00 USB01 R00001979 9/2/2026 12:00:00 AM US Bank Cal Card Rebate 551.23 MISC R00001980 9/2/2026 12:00:00 AM Misc revenue 46.31
PLA02 R00001981 9/2/2026 12:00:00 AM Plan Check Fee- Building 2,329.92 ENG01 R00001982 9/2/2026 12:00:00 AM Engineering Fees 435.00 WEST R00001983 9/2/2026 12:00:00 AM West End Revenue 150.00 SIG01 R00001984 9/2/2026 12:00:00 AM Sign Permit & Master Sign Program 51.50 TOT01 R00001985 9/2/2026 12:00:00 AM TOT Tax 998.04
PLA02 R00001986 9/2/2026 12:00:00 AM Plan Check Fee- Building 315.64 ENG01 R00001987 9/2/2026 12:00:00 AM Engineering Fees 840.00 BUI01 R00001988 9/2/2026 12:00:00 AM Building Permit 4115 485.56 CBSC R00001988 9/2/2026 12:00:00 AM CBSC 1.00
STR01 R00001988 9/2/2026 12:00:00 AM Strong Motion Fee 1.62 PMISC R00001989 9/2/2026 12:00:00 AM Planning MISC Rev 463.50 PAR02 R00001990 9/2/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00001991 9/2/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00001992 9/2/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00001993 9/2/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00001994 9/2/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00001995 9/2/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00001996 9/2/2026 12:00:00 AM Sand City Parking 100.00 PAR02 R00001997 9/2/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00001998 9/2/2026 12:00:00 AM Sand City Parking 40.00 SQU01 R00001999 9/2/2026 12:00:00 AM Square Fees (0.44) SQU01 R00002000 9/2/2026 12:00:00 AM Square Fees (8.68) WEST R00002003 9/3/2026 12:00:00 AM West End Revenue 200.70 BL01 R00002004 9/3/2026 12:00:00 AM Business License 521,214.88 BL02 R00002004 9/3/2026 12:00:00 AM Business License Late Charge 1,036.97 CAS90 R00002004 9/3/2026 12:00:00 AM CASP Fee 532.80
WEST R00002005 9/8/2026 12:00:00 AM West End Revenue 250.00 ART01 R00002009 9/9/2026 12:00:00 AM Art Park Revenue 50.00 REF02 R00002009 9/9/2026 12:00:00 AM West End Refundable Fees 100.00 SOP01 R00002010 9/10/2026 12:00:00 AM Sale of Property 37,200.00 WEST R00002011 9/14/2026 12:00:00 AM West End Revenue 930.17 TOT01 R00002012 9/15/2026 12:00:00 AM TOT Tax 1,906.05
TOT01 R00002013 9/15/2026 12:00:00 AM TOT Tax 348.00
TOT01 R00002015 9/15/2026 12:00:00 AM TOT Tax 1,075.46
TOT01 R00002016 9/15/2026 12:00:00 AM TOT Tax 1,357.86
TOT01 R00002017 9/15/2026 12:00:00 AM TOT Tax 2,675.28
TOT01 R00002018 9/15/2026 12:00:00 AM TOT Tax 615.55
TOT01 R00002019 9/15/2026 12:00:00 AM TOT Tax 3,664.82
TOT01 R00002020 9/15/2026 12:00:00 AM TOT Tax 253,804.85 66 Transaction Code Entity Account Receipt Date Transaction Description Applied Amount MCTID R00002020 9/15/2026 12:00:00 AM MCTID 9,798.43
MCTIDA R00002020 9/15/2026 12:00:00 AM MCTID Admin Fee 98.97 TOT01 R00002021 9/15/2026 12:00:00 AM TOT Tax 201.00
BUI01 R00002022 9/16/2026 12:00:00 AM Building Permit 4115 458.00 CBSC R00002022 9/16/2026 12:00:00 AM CBSC 1.00
STR01 R00002022 9/16/2026 12:00:00 AM Strong Motion Fee 2.08 UUT R00002023 9/16/2026 12:00:00 AM Utility Users Tax 0.80 UUT R00002024 9/16/2026 12:00:00 AM Utility Users Tax 38.10 UUT R00002025 9/16/2026 12:00:00 AM Utility Users Tax 801.40 WEST R00002026 9/16/2026 12:00:00 AM West End Revenue 264.00 REN01 R00002027 9/16/2026 12:00:00 AM Rental Income 1,699.59 REN01 R00002028 9/16/2026 12:00:00 AM Rental Income 3,000.00 2103 R00002029 9/16/2026 12:00:00 AM Gas Tax 2103 571.76 2105 R00002029 9/16/2026 12:00:00 AM Gas Tax -2105 31 201.35 2106 R00002029 9/16/2026 12:00:00 AM Gas Tax 2106 32 491.15 2107 R00002029 9/16/2026 12:00:00 AM Gax Tax- 2107 33 289.23 IRWM R00002030 9/16/2026 12:00:00 AM IRWM Grant Reimbursement- Catalina St 860.00 COA01 R00002031 9/16/2026 12:00:00 AM Coastal Permit 2,052.00 VEH01 R00002032 9/16/2026 12:00:00 AM Vehicle Abatement/VLF 618.59 PAR02 R00002033 9/16/2026 12:00:00 AM Sand City Parking 40.00 POL01 R00002034 9/16/2026 12:00:00 AM Police Report 4560 10.00 PAR02 R00002035 9/16/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00002036 9/16/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00002037 9/16/2026 12:00:00 AM Sand City Parking 75.00 PAR02 R00002038 9/16/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00002039 9/16/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00002040 9/16/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00002041 9/16/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00002042 9/16/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00002043 9/16/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00002044 9/16/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00002045 9/16/2026 12:00:00 AM Sand City Parking 40.00 TOT01 R00002046 9/16/2026 12:00:00 AM TOT Tax 1,894.85
WEST R00002047 9/16/2026 12:00:00 AM West End Revenue 4,386.37 UUT R00002048 9/16/2026 12:00:00 AM Utility Users Tax 13.88 TOT01 R00002049 9/16/2026 12:00:00 AM TOT Tax 988.08
PAR02 R00002050 9/16/2026 12:00:00 AM Sand City Parking 40.00 WEST R00002052 9/17/2026 12:00:00 AM West End Revenue 474.00 WEST R00002053 9/29/2026 12:00:00 AM West End Revenue 327.60 ENG01 R00002054 9/29/2026 12:00:00 AM Engineering Fees 1,740.00 ENG01 R00002055 9/29/2026 12:00:00 AM Engineering Fees 3,670.00 PLA02 R00002056 9/29/2026 12:00:00 AM Plan Check Fee- Building 297.70 WEST R00002057 9/29/2026 12:00:00 AM West End Revenue 260.00 ENG01 R00002058 9/29/2026 12:00:00 AM Engineering Fees 986.00 SQU01 R00002059 9/29/2026 12:00:00 AM Square Fees (133.18) PAR02 R00002060 9/29/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00002062 9/29/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00002063 9/29/2026 12:00:00 AM Sand City Parking 40.00 67 Transaction Code Entity Account Receipt Date Transaction Description Applied Amount ART01 R00002064 9/29/2026 12:00:00 AM Art Park Revenue 40.00 PAR02 R00002065 9/29/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00002066 9/29/2026 12:00:00 AM Sand City Parking 40.00 POL01 R00002067 9/29/2026 12:00:00 AM Police Report 4560 10.00 PAR02 R00002068 9/29/2026 12:00:00 AM Sand City Parking 50.00 PAR02 R00002069 9/29/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00002070 9/29/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00002071 9/29/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00002072 9/29/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00002073 9/29/2026 12:00:00 AM Sand City Parking 40.00 PAR02 R00002074 9/29/2026 12:00:00 AM Sand City Parking 40.00 CLE01 R00002075 9/30/2026 12:00:00 AM Clearing Account 39.96 SQU01 R00002076 9/30/2026 12:00:00 AM Square Fees (0.55) CLE01 R00002077 9/30/2026 12:00:00 AM Clearing Account (39.96) UUT R00002078 9/30/2026 12:00:00 AM Utility Users Tax 0.48 UUT R00002079 9/30/2026 12:00:00 AM Utility Users Tax 0.34 UUT R00002080 9/30/2026 12:00:00 AM Utility Users Tax 356.58 UUT R00002081 9/30/2026 12:00:00 AM Utility Users Tax 29.45 UUT R00002082 9/30/2026 12:00:00 AM Utility Users Tax 264.66 UUT R00002083 9/30/2026 12:00:00 AM Utility Users Tax 165.38 UUT R00002084 9/30/2026 12:00:00 AM Utility Users Tax 3,009.98 UUT R00002085 9/30/2026 12:00:00 AM Utility Users Tax 19,303.47 BL01 R00002086 9/30/2026 12:00:00 AM Business License 34,424.35 BL02 R00002086 9/30/2026 12:00:00 AM Business License Late Charge 1,276.30 CAS90 R00002086 9/30/2026 12:00:00 AM CASP Fee 187.20
TOTAL 2,175,977.95
68 10/12/2026 3:40:03 PM Page 1 of 3
Check Report
City of Sand City By Check Number
Date Range: 09/01/2026 - 09/30/2026
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: Mechanics - General-Mechanics Bank - General Pooled Cash AFL01 Aflac 09/02/2026 Regular 0.00 590.84 41782
CLE01 California Law Enforcement Association 09/02/2026 Regular 0.00 325.00 41783 CSD01 California State Disburse Unit 09/02/2026 Regular 0.00 269.00 41784 HUM02 Humana Insurance Company 09/02/2026 Regular 0.00 4,994.05 41785 SAN01 Sand City Police Officers & Dept. Employees Association 09/02/2026 Regular 0.00 1,570.00 41786 SUN02 Sun Life Financial 09/02/2026 Regular 0.00 1,004.69 41787 CIT11 City of Del Rey Oaks 09/03/2026 Regular 0.00 1,458.54 41788 COM11 Comcast 09/03/2026 Regular 0.00 292.64 41789
FUS01 Fuse HVAC & Appliances Repair Monterey Inc 09/03/2026 Regular 0.00 593.00 41790 HDL02 HDL Companies, LLC. 09/03/2026 Regular 0.00 456.00 41791 LIN02 Kerry Lindstrom 09/03/2026 Regular 0.00 389.87 41792 MBP03 Monterey Bay Pest Control 09/03/2026 Regular 0.00 130.00 41793 M1W01 Monterey One Water 09/03/2026 Regular 0.00 4,065.58 41794 MRW02 Monterey Regional Waste Management District 09/03/2026 Regular 0.00 179.05 41795 NIC01 Nicholas McIlroy 09/03/2026 Regular 0.00 222.54 41796 REM01 Remon Bebawy 09/03/2026 Regular 0.00 150.00 41797 STA03 Star Sanitation, LLC 09/03/2026 Regular 0.00 813.00 41798 TRA03 TRACNet 09/03/2026 Regular 0.00 14,118.28 41799
A&R01 A & R Plumbing, Inc 09/11/2026 Regular 0.00 425.00 41800 OlI01 Alejandro Tuesta 09/11/2026 Regular 0.00 100.00 41801 ALL04 Alliant Insurance Services, Inc 09/11/2026 Regular 0.00 4,081.00 41802 ATT03 AT&T 09/11/2026 Regular 0.00 203.89 41803
ATT04 AT&T 09/11/2026 Regular 0.00 96.18 41804
ATT05 AT&T Mobility 09/11/2026 Regular 0.00 1,132.58 41805 CRA04 Audrey Cray 09/11/2026 Regular 0.00 552.92 41806
TIR01 Big Brand Tire & Service 09/11/2026 Regular 0.00 774.79 41807 CAL01 California American Water 09/11/2026 Regular 0.00 2,065.47 41808 CAL15 California Consulting, Inc 09/11/2026 Regular 0.00 9,000.00 41809 CHA04 California Highway Adoption Co. 09/11/2026 Regular 0.00 350.00 41810 MCK01 Callie McKenzie 09/11/2026 Regular 0.00 100.00 41811 CIT11 City of Del Rey Oaks 09/11/2026 Regular 0.00 270.00 41812 CIT12 City of Sand City 09/11/2026 Regular 0.00 5,000.00 41813 LAK01 Cody Lake 09/11/2026 Regular 0.00 100.00 41814
COF02 Coffee Tree 09/11/2026 Regular 0.00 100.00 41815
COM11 Comcast 09/11/2026 Regular 0.00 446.04 41816
COR05 Corodata Records Management 09/11/2026 Regular 0.00 65.20 41817 CYP04 Cypress Coast Ford 09/11/2026 Regular 0.00 1,075.43 41818 SHA03 Flex TG, LLC 09/11/2026 Regular 0.00 305.62 41819 ABB01 Frank Abbruzzetti 09/11/2026 Regular 0.00 100.00 41820 GRE01 Green Valley Landscape, Inc. 09/11/2026 Regular 0.00 2,370.00 41821 HOM01 Home Depot Credit Service 09/11/2026 Regular 0.00 135.47 41822 HOP01 Hope Services 09/11/2026 Regular 0.00 13,625.84 41823 IND01 India Gourmet 09/11/2026 Regular 0.00 100.00 41824 FOU02 Justin Foust 09/11/2026 Regular 0.00 100.00 41825 ASL01 Kashka Singh 09/11/2026 Regular 0.00 100.00 41826 TAE02 Kate Appel 09/11/2026 Regular 0.00 100.00 41827
SCU02 Kim Scudder 09/11/2026 Regular 0.00 212.00 41828
LAP01 La Papa Pd, Inc. 09/11/2026 Regular 0.00 100.00 41829 MOR07 Laura Morales 09/11/2026 Regular 0.00 118.00 41830 AND01 Linda Amoruso 09/11/2026 Regular 0.00 150.00 41831 AGH01 Mahir Agha-Decker 09/11/2026 Regular 0.00 1,200.00 41832 MBC02 Maria Bertilia Mojica 09/11/2026 Regular 0.00 100.00 41833 DIA01 Marilee Diaz 09/11/2026 Regular 0.00 212.00 41834 ACA01 Michael Cruz 09/11/2026 Regular 0.00 100.00 41835 69 Check Report Date Range: 09/01/2026 - 09/30/2026
10/12/2026 3:40:03 PM Page 2 of 3
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number MOU01 Michael Mount 09/11/2026 Regular 0.00 118.00 41836 ADA01 Michelle Adams 09/11/2026 Regular 0.00 212.00 41837 BIG04 Mina Samaan 09/11/2026 Regular 0.00 100.00 41838
MOB02 Mobile Modular 09/11/2026 Regular 0.00 610.41 41839 WAT02 Monica Lira 09/11/2026 Regular 0.00 100.00 41840
MBT01 Monterey Bay Technologies, Inc. 09/11/2026 Regular 0.00 6,100.00 41841 MCW01 Monterey County Weekly 09/11/2026 Regular 0.00 1,540.25 41842 MFE01 Monterey Fire Extinguisher Co. 09/11/2026 Regular 0.00 1,493.20 41843 MRW02 Monterey Regional Waste Management District 09/11/2026 Regular 0.00 21,460.31 41844 MRW02 Monterey Regional Waste Management District 09/11/2026 Regular 0.00 212.50 41845 MOT03 Motorola Solutions, Inc. 09/11/2026 Regular 0.00 11,327.04 41846 MME01 Municipal Maintenance Equipment 09/11/2026 Regular 0.00 3,009.82 41847 NDM01 Nadja De Maeseneer 09/11/2026 Regular 0.00 888.66 41848 NDM01 Nadja De Maeseneer 09/11/2026 Regular 0.00 5,000.00 41849 NDM01 Nadja De Maeseneer 09/11/2026 Regular 0.00 250.00 41850 NDM01 Nadja De Maeseneer 09/11/2026 Regular 0.00 3,837.03 41851 NAP01 Napa Auto Parts 09/11/2026 Regular 0.00 421.47 41852 NAF01 National Auto Fleet Group 09/11/2026 Regular 0.00 55,636.62 41853 PET01 Petty Cash 09/11/2026 Regular 0.00 142.54 41854
PRI01 Primo Brands 09/11/2026 Regular 0.00 157.32 41855 PUB01 Public Storage 09/11/2026 Regular 0.00 546.00 41856 REN01 Rental Depot 09/11/2026 Regular 0.00 1,259.00 41857 SVP01 Salinas Valley Pro Squad 09/11/2026 Regular 0.00 687.93 41858 SDU01 San Diego State University Foundation 09/11/2026 Regular 0.00 686.08 41859 SEA01 Seatec Underground Utilities, Inc 09/11/2026 Regular 0.00 11,809.00 41860 SIL01 Silvestri Vineyards 09/11/2026 Regular 0.00 100.00 41861 STU02 Sturdy Oil Company 09/11/2026 Regular 0.00 2,931.81 41862 TBB01 Tacos by the Bay 09/11/2026 Regular 0.00 100.00 41863 TIF01 Tiffany Jackson 09/11/2026 Regular 0.00 100.00 41864 VER02 Veritone, Inc. 09/11/2026 Regular 0.00 1,000.00 41865 VES01 Vestis 09/11/2026 Regular 0.00 617.39 41866
WHI01 Whitson Engineers 09/11/2026 Regular 0.00 2,196.00 41867 CCC01 Youa Chang 09/11/2026 Regular 0.00 100.00 41868
ZUM01 Zumar Industries, Inc. 09/11/2026 Regular 0.00 1,043.42 41869 AMA01 Amazon Capital Services, Inc 09/15/2026 Regular 0.00 1,864.14 41870 MON10 County of Monterey- Department of Emergency Communication 09/15/2026 Regular 0.00 15,141.00 41871 BUS05 Jeff Bushnell 09/15/2026 Regular 0.00 224.14 41872 USB01 US Bank Corp Payment Systems 09/15/2026 Regular 0.00 10,641.98 41873 4LE01 4Leaf, Inc. 09/25/2026 Regular 0.00 5,687.93 41874 ATT03 AT&T 09/25/2026 Regular 0.00 203.89 41875
ATT05 AT&T Mobility 09/25/2026 Regular 0.00 1,176.77 41876 CHA04 California Highway Adoption Co. 09/25/2026 Regular 0.00 350.00 41877 SEA03 City of Seaside 09/25/2026 Regular 0.00 3,318.02 41878 COM11 Comcast 09/25/2026 Regular 0.00 537.03 41879
COR04 Corodata Shredding, Inc 09/25/2026 Regular 0.00 166.47 41880 ELE01 Elevate 831 LLC 09/25/2026 Regular 0.00 2,193.19 41881 EMC02 EMC Planning Group, Inc. 09/25/2026 Regular 0.00 135,525.64 41882 SHA03 Flex TG, LLC 09/25/2026 Regular 0.00 436.89 41883 MEY01 Meyers Nave, Corporation 09/25/2026 Regular 0.00 16,140.87 41884 MCW01 Monterey County Weekly 09/25/2026 Regular 0.00 118.50 41885 NDM01 Nadja De Maeseneer 09/25/2026 Regular 0.00 3,105.60 41886 NAP01 Napa Auto Parts 09/25/2026 Regular 0.00 286.04 41887 NAF01 National Auto Fleet Group 09/25/2026 Regular 0.00 45,790.98 41888 PGE01 Pacific Gas & Electric 09/25/2026 Regular 0.00 4,357.26 41889 PET01 Petty Cash 09/25/2026 Regular 0.00 127.41 41890
PBC01 Pitney Bowes Global Financial Services LLC 09/25/2026 Regular 0.00 581.43 41891 PRI01 Primo Brands 09/25/2026 Regular 0.00 227.68 41892 PUB01 Public Storage 09/25/2026 Regular 0.00 701.25 41893 STU02 Sturdy Oil Company 09/25/2026 Regular 0.00 1,504.69 41894 USB01 US Bank Corp Payment Systems 09/25/2026 Regular 0.00 9,639.99 41895 WHI01 Whitson Engineers 09/25/2026 Regular 0.00 1,636.00 41896 70 Check Report Date Range: 09/01/2026 - 09/30/2026
10/12/2026 3:40:03 PM Page 3 of 3
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number PERSRETIREMENT CalPERS Retirement 09/30/2026 Bank Draft 0.00 1,791.26 DFT0000410 PERSRETIREMENT CalPERS Retirement 09/30/2026 Bank Draft 0.00 2,068.47 DFT0000411 PERSRETIREMENT CalPERS Retirement 09/30/2026 Bank Draft 0.00 2,116.50 DFT0000412 PERSRETIREMENT CalPERS Retirement 09/30/2026 Bank Draft 0.00 9,262.01 DFT0000413 PERSRETIREMENT CalPERS Retirement 09/30/2026 Bank Draft 0.00 9,369.79 DFT0000414 PERSRETIREMENT CalPERS Retirement 09/30/2026 Bank Draft 0.00 7,163.91 DFT0000415 PERSRETIREMENT CalPERS Retirement 09/30/2026 Bank Draft 0.00 826.42 DFT0000416 PERSRETIREMENT CalPERS Retirement 09/30/2026 Bank Draft 0.00 3,992.62 DFT0000417 PERSRETIREMENT CalPERS Retirement 09/30/2026 Bank Draft 0.00 12,159.12 DFT0000418 PERSRETIREMENT CalPERS Retirement 09/30/2026 Bank Draft 0.00 5,948.23 DFT0000419 PERSRETIREMENT CalPERS Retirement 09/30/2026 Bank Draft 0.00 3,046.24 DFT0000420 PERSRETIREMENT CalPERS Retirement 09/30/2026 Bank Draft 0.00 10,725.75 DFT0000421 PERSRETIREMENT CalPERS Retirement 09/30/2026 Bank Draft 0.00 46.00 DFT0000422 PERSHEALTH CalPERS Health 09/30/2026 Bank Draft 0.00 43,654.75 DFT0000423 CAL16 Calpers 457 Plan 09/30/2026 Bank Draft 0.00 25,298.77 DFT0000424 EDD001 Employment Development Dept 09/30/2026 Bank Draft 0.00 18,432.44 DFT0000425 EFTPS Electronic Federal Tax Payment System 09/30/2026 Bank Draft 0.00 46,366.59 DFT0000426 Regular Checks
Manual Checks
Voided Checks
Payment Type Discount
Bank Code Mechanics - General Summary
Bank Drafts
EFT's
0.00 0.00
0.00 0.00
0.00 0.00
Payment
474,168.10
0.00 0.00
202,268.87
0.00 676,436.97
Payable
Count
173
0 0
17 0
190
71 By Transaction Code
Transaction Code Account Receipt Date Transaction Description Applied Amount INT01 40-4410-801 9/30/2026 Bank Interest 4,399.54
Total Cash Receipts 4,399.54
Revenue Report
Date Range: 9/1/2026 - 9/30/2026
City of Sand City Successor Agency
72 City of Sand City Accounts
Cash Balance Interest CD Length
Sand City Checking $1,984,146.50 0.01 N/A
Public Money Market $4,829,595.74 4.02 N/A
N of Playa Edgewater Habitat $110,027.33 0.01 N/A Restricted Public Money Market - Housing $152,197.63 4.02 N/A Restricted Investments
Sand City LAIF $14,906,645.60 3.91 N/A
TVI - California CR $249,000.00 3.74 1 Year
TVI - American Express $245,000.00 4.05 2 Year
TVI - Toyota Fin $249,000.00 3.75 1 Year
TVI - Morgan Stanley $245,000.00 4.1 2 Year
TVI - Synchrony $245,000.00 4.05 3 Year
TVI - Goldmman Sachs $245,000.00 3.65 3 Year
TOTAL CITY OF SAND CITY $23,460,612.80
Successor Agency Accounts
Cash Balance Interest CD Length
Successor Agency Tax Increment - MM $1,357,634.86 4.02 N/A Successor Agency King Ventures $1,236,384.64 4.02 N/A Restricted TOTAL SUCCESSOR AGENCY $2,594,019.50
TOTAL CASH and INVESTMENTS $26,054,632.30
City of Sand City
Summary of Cash & Investments
As of September 30, 2026
73 AGENDA ITEM
9A.
Approve a Resolution Approving an
Architectural and Engineering Agreement
with Whitson and Associates, Inc. DBA
Whitson Engineers for Final Design of the
Sand City Multi-Use Trail Project, Federal
Project No. 5366(002), in an Amount not
to Exceed $920,899.34, and Authorizing
the City Manager to Execute the
Agreement
74 City of Sand City
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Vibeke Norgaard, City Manager and Nick McIlroy, AICP, Planning Manager SUBJECT: Resolution Approving an Architectural and Engineering Agreement with Whitson Engineers for Final Design of the Sand City Multi-Use Trail Project, in an Amount Not to Exceed $920,899.34
DATE: October 20, 2026
BACKGROUND
The Sand City Multi-Use Trail Project will close the final gap in the Monterey Bay Coastal Recreation Trail through Sand City and part of Seaside, along the TAMC right of way. The project is at 30% design. This agreement covers final design: plans, specifications, and estimate (PS&E), NEPA support, community outreach, and bidphase support, taking the project from 30% to 100% design and finalize it for construction bidding.
Because the project uses federal funds, the consultant was selected and the contract was negotiated under the Caltrans Local Assistance Procedures Manual (LAPM), Chapter 10. That process requires selection based on qualifications first, with price negotiated only after the top-ranked firm is chosen.
DISCUSSION
Consultant Selection
The City first advertised the work through a Request for Proposals and received a single proposal, at $1,898,599. The City did not award that proposal and re-solicited the work through a qualifications-based Request for Qualifications (RFQ). By the July 6, 2026 deadline, the City received statements of qualifications from four firms: Whitson Engineers, GHD, Harris & Associates, and Kimley-Horn. A four-member evaluation panel scored each submittal on team qualifications and experience, project understanding and technical knowledge, scope of work and methodology, schedule and delivery capacity, and references. All four firms were well qualified. Whitson received the highest combined panel score and, following an interview on July 16, 2026, was ranked first. The City notified Whitson of its selection on July 27, 2026, began scoping and negotiations, and has notified the other three firms of the results. 75 Contract Negotiation and Price
Before receiving any cost information from Whitson, staff prepared an Independent Cost Estimate (ICE) using the Caltrans worksheet with totals of $1,268,391. Staff then held a scoping meeting with Whitson and its key subconsultants on August 21, 2026, to confirm tasks and deliverables. During scoping, the SR 218 intersection work and rightof-way and utility support were kept as separately priced optional tasks, and three environmental reports were removed from the subconsultant scope because they are already prepared. Whitson then submitted detailed Caltrans cost proposals for itself and each subconsultant, showing hours, hourly rates, overhead rates, and profit.
Staff reviewed the proposals line by line and determined the price is fair and reasonable. The negotiated amount is 27% below the ICE, 40% below the design budget in the project’s grant estimate, and 51% below the single proposal received under the earlier RFP. Total direct labor is within 1% of the ICE. The savings come from Whitson’s lower overhead rates and a 10% fixed fee, which is below the 13% calculated with the Caltrans method. Staff documented this in a negotiation memo to Caltrans, which was the final step Caltrans required before Council approval.
Contract component Total cost Fixed fee
(included)
Base scope (Whitson and five subconsultants) $676,253.46 $59,923.73 Optional Task 5: SR 218 intersection
improvements
$208,958.61 $18,849.36
Optional Task 8: Right of way and utilities $35,687.27 $3,244.30 Not-to-exceed total $920,899.34 $82,017.39
The agreement is cost-plus-fixed-fee. The City pays only actual, allowable costs at the approved rates plus the fixed fee, and total payments cannot exceed $920,899.34. The term is 24 months, which allows time for Caltrans permitting if the SR 218 intersection work proceeds.
Why The Panel Selected Whitson
Whitson leads a local team that is familiar with this corridor. Whitson, BFS Landscape Architects, Denise Duffy & Associates, and Aurum Consulting Engineers are all based in Monterey, and Earth Systems is in Salinas. The team has delivered nearby trail and transportation work, including the Monterey Bay Coastal Recreation Trail improvements at Presidio Curve in Monterey, the Carmel Hill and River bike trail for TAMC, projects for the City of Seaside, and work on FORTAG and the MST SURF! busway. BFS also worked on the project’s prior 30% design, which carries that work forward and avoids re-learning the site. The team already works regularly with TAMC, the City of Seaside, and Caltrans District 5, the agencies whose reviews and agreements this project depends on. That local knowledge and those existing relationships should improve the 76 design and shorten review times. Whitson’s schedule completes design within the 12 months the City anticipated, with added time only if the SR 218 work is included.
ENVIRONMENTAL REVIEW
Approving a professional services agreement for design is an administrative activity and not a “project” under the California Environmental Quality Act (CEQA Guidelines Section 15378(b)(5)). Environmental review of the trail itself is being handled separately, including the NEPA Categorical Exclusion through Caltrans.
FISCAL IMPACT
The agreement will be fully funded with AMBAG grant funds administered through Caltrans Division of Local Assistance under Federal Project No. 5366(002), up to the not-to-exceed amount of $920,899.34.
The project is included in the City’s Capital Improvement Program (CIP) in the current and next fiscal years:
FY 26/27 (ending June 30, 2027): $674,000 in AMBAG grant funds, which is also included in the adopted FY 26/27 budget
FY 27/28 (beginning July 1, 2027): $988,325 in AMBAG grant funds which will be brought to Council for consideration during the 27/28 budget process Because the agreement has a 24-month term, contract costs will be paid across both fiscal years from these budgeted grant funds.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution:
1. Approving an Architectural and Engineering (A&E) Agreement with Whitson and Associates, Inc. dba Whitson Engineers (Whitson) for final design of the Sand City Multi-Use Trail Project, including optional Task 5 (SR 218 intersection improvements) and optional Task 8 (right of way and utilities), in an amount not to exceed $920,899.34; and
2. Authorizing the City Manager to execute the agreement in substantially the same form as the attached.
ATTACHMENTS
1. Resolution
2. A&E Agreement with Whitson Engineers (Exhibit 10-R), with Attachments A through C
3. Negotiation and Fair and Reasonable Price Memo to Caltrans 77 CITY OF SAND CITY
RESOLUTION SC 26-___, 2026
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAND CITY APPROVING
AN ARCHITECTURAL AND ENGINEERING AGREEMENT WITH WHITSON AND ASSOCIATES, INC. DBA WHITSON ENGINEERS FOR FINAL DESIGN OF THE SAND CITY MULTI-USE TRAIL PROJECT, FEDERAL PROJECT NO. 5366(002), IN AN AMOUNT NOT TO EXCEED $920,899.34, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the Sand City Multi-Use Trail Project will close the final gap in the Monterey Bay Coastal Recreation Trail through the City of Sand City and a portion of the City of Seaside, along the Transportation Agency for Monterey County right of way; and WHEREAS, the project is funded with AMBAG grant funds administered through the California Department of Transportation (Caltrans) Division of Local Assistance under Federal Project No. 5366(002), and consultant selection and contracting must follow Chapter 10 of the Caltrans Local Assistance Procedures Manual; and WHEREAS, the City issued a Request for Qualifications for final design services and received statements of qualifications from four firms by July 6, 2026; and WHEREAS, an evaluation panel reviewed and scored the submittals and interviewed the top-ranked firm, and Whitson and Associates, Inc. dba Whitson Engineers (Whitson) was ranked as the most qualified firm; and
WHEREAS, the City prepared an Independent Cost Estimate before receiving any cost information from Whitson, negotiated the scope of work with Whitson and its subconsultants, and reviewed Whitson’s detailed cost proposals; and WHEREAS, the City has determined that the negotiated not-to-exceed amount of $920,899.34, which includes a fixed fee of $82,017.39, optional Task 5 (SR 218 intersection improvements), and optional Task 8 (right of way and utilities), is fair and reasonable, and has documented this determination to Caltrans; and WHEREAS, approval of this agreement for design services is an administrative activity and is not a project under the California Environmental Quality Act (CEQA Guidelines Section 15378(b)(5)).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sand City as follows:
Section 1. The above recitals are true and correct and are incorporated into this resolution.
78 Section 2. The City Council approves the Architectural and Engineering Agreement with Whitson and Associates, Inc. dba Whitson Engineers for final design of the Sand City Multi-Use Trail Project, including optional Tasks 5 and 8, in an amount not to exceed $920,899.34, substantially in the form attached as Exhibit A.
Section 3. The City Council authorizes the City Manager to execute the agreement on behalf of the City in substantially the same form as that attached to this resolution.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Sand City this 20th day of October 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:
DATED: ____________________
___________________________
Kerry Lindstrom, City Clerk
Exhibit A: A&E Agreement with Whitson Engineers
79 1
Contract Agreement No. ________
City of Sand City A&E Contract Agreement for
Federal Project No. 5366(002) – Sand City Multi-Use Trail Project
TABLE OF CONTENTS
Page
ARTICLE I INTRODUCTION ............................................................................................................... 3 ARTICLE II CONSULTANT’S REPORTS OR MEETINGS .................................................................. 5 ARTICLE III STATEMENT OF WORK................................................................................................. 5 ARTICLE IV PERFORMANCE PERIOD .............................................................................................. 5 ARTICLE V ALLOWABLE COSTS AND PAYMENTS ........................................................................ 5 ARTICLE VI TERMINATION.............................................................................................................. 7 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS................................. 8 ARTICLE VIII RETENTION OF RECORD/AUDITS.............................................................................. 8 ARTICLE IX AUDIT REVIEW PROCEDURES..................................................................................... 9 ARTICLE X SUBCONTRACTING........................................................................................................ 10 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES.......................... 12 ARTICLE XII STATE PREVAILING WAGE RATES .......................................................................... 13 ARTICLE XIII CONFLICT OF INTEREST ............................................................................................ 16 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION....................... 16
ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING.......................................................................................................................................... 17 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE................... 17 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION.................................................. 18 ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE).............................................. 19 ARTICLE XIX INSURANCE................................................................................................................. 19 ARTICLE XX FUNDING REQUIREMENTS ......................................................................................... 20 ARTICLE XXI CHANGE IN TERMS..................................................................................................... 20 ARTICLE XXII CONTINGENT FEE....................................................................................20 ARTICLE XXIII DISPUTES...............................................................................................21 ARTICLE XXIV INSPECTION OF WORK...........................................................................21 ARTICLE XXV SAFETY ...................................................................................................21 ARTICLE XXVI OWNERSHIP OF DATA........................................................................... 22 80 2
ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR...... 22 ARTICLE XXVIII CONFIDENTIALITY OF DATA................................................................ 23 ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION.......................... 23 ARTICLE XXX EVALUATION OF CONSULTANT .............................................................. 25 ARTICLE XXXII TITLE VI ASSURANCES .......................................................................... 25 ARTICLE XXXIII SUPPLEMENTAL LOCAL TERMS ........................................................... 27 ARTICLE XXXIV NOTIFICATION.................................................................................... 28 ARTICLE XXXV CONTRACT........................................................................................... 29 ARTICLE XXXVI SIGNATURES....................................................................................... 30 Attachments:
A: Scope of Services/Consultant’s Proposal
B: Cost Proposals and Rate Sheet
C: Insurance Requirements
81 3
ARTICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:
The name of the “CONSULTANT” is as follows:
Whitson and Associates, Inc.
dba Whitson Engineers
Incorporated in the State of California
The Project Manager for the “CONSULTANT” will be
Nathaniel Milam, PE
The name of the “LOCAL AGENCY” is as follows:
City of Sand City
The Contract Administrator for LOCAL AGENCY will be the City Manager or their designee B. The work to be performed under this AGREEMENT is described in the approved CONSULTANT’s Scope of Services detailed in Attachment A and the approved CONSULTANT’s Cost Proposal dated September 8, 2026 (base scope) and August 12, 2026 (Optional Tasks 5 and 8). The approved CONSULTANT’s Cost Proposal and Rate Sheet are attached hereto (Attachment B) and incorporated by reference. If there is any conflict between the approved Cost Proposal and Rate Sheet and this AGREEMENT, this AGREEMENT shall take precedence.
C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.
D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto.
CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of LOCAL AGENCY.
E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.
F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY 82 4
harmless from any and all claims that may be made against LOCAL AGNECY based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.
G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULTANT from LOCAL AGENCY under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCALAGENCY.
H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed byCONSULTANT.
I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.
J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.
ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.
ARTICLE III STATEMENT OF WORK
The statement of work is detailed in Attachment A: Scope of Services dated July 6, 2026.
ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on (DATE), contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end twenty-four (24) months after the effective date, unless extended by AGREEMENT amendment.
B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCALAGENCY.
ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work.
CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee 83 5
benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.
B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.
C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $82,017.39.
The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.
D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.
E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.
F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.
G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.
H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
City of Sand City
Attn: Vibeke Norgaard, City Manager
1 Pendergrass Way, Sand City, CA 93955
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I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $920,899.34.
J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice oftermination.
C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by LOCAL AGENCY by virtue of any breach of this AGREEMENT by CONSULTANT, and LOCAL AGENCY may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due LOCAL AGENCY from CONSULTANT is determined.
D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT.
Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.
B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for FederalAwards.
C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.
D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the 85 7
performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.
B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.
D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursedcosts.
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1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review.
Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.
Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.
2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report withinthree (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.
3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.
4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA auditedICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.
ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants andof persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT. 87 9
B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.
C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwisenoted.
D. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.
E. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal.
The CONSULTANT must submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.
The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the CONSULTANT.
F. Prompt Payment of Withheld Funds to Subconsultants
No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT.
CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. 88 10
ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.
C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:
1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.
2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to theproject.
ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5.
Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.
B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the 89 11
Department of Industrial Relations website at http://www.dir.ca.gov.
D. Payroll Records
1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.
2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records asfollows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative onrequest. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.
3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph(1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.
5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, withinfive (5) working days, provide a notice of a change of location and address.
6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a 90 12
penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.
E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.
F. Penalty
1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.
3. In addition to the penalty and pursuant to Labor Code §1775, 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 shall be paid to each worker by the CONSULTANT or Subconsultant.
4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the CONSULTANT of the project is not liable for the penalties described above unless the CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public worksproject. d. Prior to making final payment to the Subconsultant for work performed on the public works 91 13
project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.
5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.
6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.
G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.
H. Employment of Apprentices
1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply withall applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers.
Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.
ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.
B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, orpotential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop 92 14
subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.
C. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under thisAGREEMENT.
D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee.
For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL
FUNDS FOR LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:
1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with itsinstructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and discloseaccordingly.
ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE 93 15
A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR §11102.
B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination andharassment.
C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2CCR
§§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.
D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.
E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.
G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. 94 16
ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:
1. Is not currently under suspension, debarment, voluntary exclusion, or determinationof ineligibility by any federal agency;
2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
3. Does not have a proposed debarment pending; and
4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the pastthree (3) years.
B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.
ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE)
CONSULTANT, or subconsultants shall take necessary and reasonable steps to ensure that DBE’s have opportunities to participate in the contract (49 CFR 26).
In accordance with 49 CFR 26.13(b):
CONSULTANT or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.
Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Disqualifying CONSULTANT from future proposing as non-responsible
ARTICLE XIX INSURANCE
A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a Certificate of Insurance stating that there is general comprehensive liability insurance presently in effect for CONSULTANT with a combined single limit (CSL) of not less than one million dollars ($1,000,000) per occurrence.
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B. The Certificate of Insurance will provide the following, and CONSULTANT shall also maintain the insurance coverage set forth in Attachment C, Insurance Requirements:
1. That the insurer will not cancel the insured’s coverage without thirty (30) calendar days prior written notice to LOCAL AGENCY.
2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional insureds, but only insofar as the operations under this AGREEMENT are concerned.
3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the policy.
C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event.
ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.
B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.
D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.
ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of theparties.
B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.
C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.
ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been 96 18
employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after fortyfive (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and City Manager, who may consider written or verbal information submitted by CONSULTANT.
B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of thisAGREEMENT.
ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.
ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.
B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from suchvehicles.
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C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.
ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of LOCAL AGENCY, and CONSULTANT shall have no property right therein whatsoever.
Immediately upon termination, LOCAL AGENCY shall be entitled to, and CONSULTANT shall deliver to LOCAL AGENCY, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to LOCAL AGENCY which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by LOCAL AGENCY.
B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of LOCAL AGENCY without restriction or limitation upon its use or dissemination byCity.
C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by LOCAL AGENCY for another project or project location shall be at LOCALAGENCY’s sole risk.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal- aid contracts).
E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. 98 20
B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defendingagainst construction contractor claims will be made available on reasonable notice from LOCAL AGENCY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.
C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.
ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and madeavailable to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.
C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.
D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.
E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.
F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of LOCAL AGENCY or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, LOCAL AGENCY has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, LOCAL AGENCY’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.
ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.
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ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.
ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES
The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Appendices A and E of the Title VI Assurances. In addition, the consultant must include the Title VI Assurances Appendices A and E in all subcontracts to perform work under the contract.
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made apart of this agreement. b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate onthe grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information. 100
22 e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall imposesuch agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limitedto:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuantthereto.
CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX B INTENTIONALLY OMITTED
APPENDIX C INTENTIONALLY OMITTED
APPENDIX D INTENTIONALLY OMITTED
APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; 101
23 • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, orsex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, placesof public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-incomepopulations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 etseq).
ARTICLE XXXIII SUPPLEMENTAL LOCAL TERMS
The following provisions are supplemental to and incorporated into this AGREEMENT between the City of Sand City, a California municipal corporation, hereinafter referred to as LOCAL AGENCY, and CONSULTANT. In the event of any conflict between these Supplemental Local Terms and the federal or state requirements contained elsewhere in this AGREEMENT, the federal or state requirements shall control.
A. Governing Law and Venue
This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California. Venue for any action arising out of or related to this AGREEMENT shall be in the Superior Court of the State of California, County of Monterey.
B. Mediation
Prior to initiating litigation, the parties agree to participate in good faith in non binding mediation. The mediator shall be mutually agreed upon by the parties. Each party shall bear its own costs of mediation and shall share equally in the cost of the mediator.
C. Business License
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24 CONSULTANT shall maintain a valid City of Sand City business license, if required by the Sand City Municipal Code, for the duration of this AGREEMENT.
D. Invoicing Requirements
In addition to the requirements set forth elsewhere in this AGREEMENT, CONSULTANT invoices shall:
1. Reference the AGREEMENT number and task order number, if applicable.
2. Identify the billing period covered.
3. Itemize labor hours by classification and task.
4. Include supporting documentation as required by LOCAL AGENCY to substantiate costs.
Invoices shall be submitted to the LOCAL AGENCY Contract Administrator or designee.
E. Professional Liability Insurance
In addition to the insurance requirements set forth in this AGREEMENT, CONSULTANT shall maintain professional liability insurance in an amount not less than one million dollars per claim and in the aggregate. Coverage shall be maintained for a period of not less than three years following completion of services under this AGREEMENT.
F. Independent Contractor
CONSULTANT is and shall at all times remain an independent contractor. LOCAL AGENCY shall have no right of control over the manner in which CONSULTANT performs the services, except as expressly set forth in this AGREEMENT.
G. Assignment
CONSULTANT shall not assign, transfer, or subcontract this AGREEMENT or any portion thereof without prior written approval of the LOCAL AGENCY Contract Administrator, except as otherwise permitted under applicable federal and state regulations.
H. Authority to Execute
The individual signing this AGREEMENT on behalf of CONSULTANT represents and warrants that he or she is duly authorized to execute and bind CONSULTANT to the terms and conditions of this AGREEMENT.
I. Public Records
CONSULTANT acknowledges that LOCAL AGENCY is subject to the California Public Records Act. All documents submitted by CONSULTANT in connection with this AGREEMENT may be subject to public disclosure unless exempt by law.
ARTICLE XXXIV NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:
CONSULTANT:
103
25 Whitson and Associates, Inc. dba Whitson Engineers
Nathaniel Milam, PE, Project Manager
6 Harris Court, Monterey, CA 93940
LOCAL AGENCY:
City of Sand City
Vibeke Norgaard, Contract Administrator
1 Pendergrass Way, Sand City, CA 93955
ARTICLE XXXV CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.
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29 ARTICLE XXXVI SIGNATURES
CONSULTANT
By:_____________________________
(Signature)
________________________________
(Typed Name)
________________________________
(Title)
Date: _________
CITY OF SAND CITY
_______________________________
Vibeke Norgaard, City Manager
Date: _______
ATTEST:
_______________________________
Kerry Lindstrom, City Clerk
_______________________________
Audrey Cray, Risk Manager
APPROVED AS TO FORM:
By: ____________________________
Adam Lindgren, City Attorney
Attachments: Attachment A Scope of Services / Consultant’s Proposal Attachment B Cost Proposals and Rate Sheet
Attachment C Insurance Requirements
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1 ATTACHMENT A
SCOPE OF SERVICES/CONSULTANT’S PROPOSAL
(On a Separate Sheet)
106
Nicholas McIlroy, AICP, Planning Manager #4927.00
CITY OF SAND CITY Due July 6, 2026, 5:00 p.m.
1 Pendergrass Way
Sand City, California 93955
Via email: [email protected]
Re: Sand City Multi-Use Trail – Final Design
Proposal for Architectural and Engineering Services
Dear Mr. McIlroy,
Thank you for allowing us to submit this proposal for the Sand City Multi-Use Bike Trail Final Design project. We are excited by the opportunity to partner with the City in advancing this project to close a critical gap in the Monterey Bay Coastal Recreation Trail.
We are proud to work with a collaborative and long-standing team of local Architectural and Engineering consultants. All of our team members have decades of shared experience delivering projects together. Whitson Engineers’ and BFS Landscape Architects’ shared local experience includes various trail and park amenities projects at Laguna Grande Regional Park (including ongoing work for the Laguna Grande Trail and Vegetation Maintenance Plan); Ensen Community Park & Carr Lake Restoration in Salinas; various projects along the Recreation Trail in Monterey; and Lincoln-Cunningham Park in Seaside. We take pride in creating projects that enhance our community spaces, integrate landscaping and public amenities, and provide access opportunities for all users.
Thank you for your consideration. We appreciate the opportunity to support Sand City and we look forward to the possibility of working together.
Sincerely,
Whitson and Associates, Inc.
dba Whitson Engineers
Richard P. Weber, PE, LS Nathaniel Milam, PE, QSD
Principal Senior Civil Engineer
RCE 55219, PLS 8002 RCE 76451, QSD 00309
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TABLE OF CONTENTS
Team Qualifications ...................................................................................... Section 1 Team Overview
Project Experience
Team Member Qualifications
Work Plan ....................................................................................................... Section 2 Project Schedule and Delivery Capacity ................................................... Section 3 References ..................................................................................................... Section 4 Addenda Acknowledgement ..................................................................... Section 5 Disclosure of Lobbying Activities ................................................................. Section 6 Detailed Subconsultant Work Plans.............................................................Appendix BFS Landscape Architects
Denise Duffy & Associates
Earth Systems
Hexagon Transportation Consultants
Fee Proposal
In accordance with the RFQ, our fee proposal is not included in this package. 108
TEAM QUALIFICATIONS
109
TEAM OVERVIEW
Whitson Engineers is proud to present this Statement of Qualifications with the consultant team below. We enjoy an enduring and collaborative working relationship with our entire consultant team, and because we are local to the Monterey area, we are used to working closely and collaboratively with local public agency staff to deliver high-quality, cost-effective, context-sensitive projects.
Our consultant team is composed of:
Whitson Engineers
Monterey, CA
Whitson Engineers will serve as the prime consultant, project manager, and will provide civil engineering and land surveying services for the project. Whitson Engineers will also be the primary point of contact for coordination with the City of Seaside, TAMC, and Caltrans Local Assistance.
BFS Landscape Architects
Monterey, CA
BFS will provide landscape architecture and public outreach support services for the project, and will provide continuity for the project team from the prior 30% design effort.
Denise Duffy & Associates
Monterey, CA
DD&A will provide environmental and permitting services for the project, including preparing the Biological Resources Report, Area of Potential Effects Map, Archaeological Survey Report, Hazardous Waste Technical Memorandum, and Environmental Commitment Record for Caltrans NEPA clearance.
Earth Systems
Salinas, CA
Earth Systems will provide geotechnical engineering services for the project, and will perform geotechnical investigation, testing and analysis, and will prepare the project’s geotechnical report.
Hexagon Transportation Consultants
San Jose, CA
Hexagon will provide traffic signal design services for the project in the event work at the intersection of Del Monte Boulevard and State Route 218 is included in the project.
Aurum Consulting Engineers
Monterey, CA
Aurum will provide electrical engineering and lighting design services for the project and coordination with PG&E.
110
111
PROJECT EXPERIENCE
MONTEREY BAY SANCTUARY SCENIC TRAIL
PRESIDIO CURVE IMPROVEMENTS
Whitson Engineers provided project management,
surveying and civil engineering services for
improvements to a 700-foot-long section of the
Recreation Trail along Presidio Curve at Monterey
Harbor. The project widened the facility to provide
two 6-foot wide Class 1 concrete bike lanes and a 4-
foot decomposed granite walking path and included
a 12-foot high simulated rock retaining wall, storm
drain improvements, traffic handling, trail lighting and landscaping.
Whitson Engineers worked closely with city staff to
ensure the project met the project’s goals, budget,
and schedule. The result is a landmark facility enjoyed by hundreds of thousands of people per year.
LOCATION:
Monterey, CA
SPECIALTY AREA:
Recreation/Trails
PROJECT SERVICES:
Project Management
Civil Engineering
Land Surveying
KEY PERSONNEL:
Richard Weber
Chuck Pugh
CLIENT:
City of Monterey
CONTACT:
Richard Deal
(formerly the Traffic
Engineer for the City of
Monterey)
(831) 915-4199
[email protected]
112
PROJECT EXPERIENCE
CARMEL HILL & RIVER BIKE TRAIL
Whitson Engineers provided full project management,
environmental, engineering, and land surveying
services for a 2-mile-long multi-use trail. This project provides an alternative to riding on Highway 1 from Rio Road to Ocean Avenue and Carmel High School.
Professional services included: project management,
preparation of preliminary plans and estimate for
three project alternatives, a type selection report for a pedestrian bridge over Carmel River and pedestrian
undercrossing at Carmel Valley Road, preparation of
an Environmental Impact Report, public outreach,
Caltrans Encroachment Permit, and development of
final construction documents (PS&E) for a 0.7-milelong multi-use trail, including a pedestrian undercrossing at Carmel Valley Road. An unpaved
trail continues 1.5 miles from the undercrossing at
Carmel Valley Road through scenic Hatton Canyon to
Canyon Drive.
In addition, Whitson Engineers worked closely with
environmental consultants in developing project
alternatives, impact avoidance and mitigation
measures as well as habitat restoration, which
included one-half acre of new riparian habitat.
LOCATION:
Carmel Valley, CA
SPECIALTY AREA:
Recreation/Trails
PROJECT SERVICES:
Project Management
Civil Engineering
Land Surveying
Construction Support
KEY PERSONNEL:
Richard Weber
Nathaniel Milam
Chuck Pugh
CLIENT:
Transportation Agency
for Monterey County
(TAMC)
CONTACT:
Todd Muck
Executive Director
TAMC
(831) 775-4407
[email protected]
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PROJECT EXPERIENCE
LOCATION:
Salinas, CA
SPECIALTY AREA:
Parks
Restoration
PROJECT SERVICES:
Land Surveying
Civil Engineering
KEY PERSONNEL:
Richard Weber
Nathaniel Milam
Chuck Pugh
CLIENT:
Big Sur Land Trust
509 Hartnell St
Monterey, CA 93940
(subcontract through BFS
Landscape Architects and
Balance Hydrologics)
CONTACT:
Beth Febus
Conservation Projects
Manager
(831) 625-5523
[email protected]
DATE OF SERVICES:
2019 – 2026
CONSTRUCTION CONTRACTOR:
Bothman (City Park)
River Partners (Restoration)
CONSTRUCTION COST:
$15MM (City Park)
$17MM (Restoration)
PROJECT SIZE:
70 acres
ENSEN COMMUNITY PARK & CARR LAKE RESTORATION
Whitson Engineers, as a subconsultant to BFS
Landscape Architects and Balance Hydrologics,
provided land surveying and civil engineering design
services for development of a 6-acre city park and
restoration of approximately 70 acres of floodplain.
The City Park portion of the project included a
playground, basketball court, skate park, dog park,
picnic and BBQ areas, walking paths, shade
structures, public restrooms, parking and utilities. The Restoration portion of the project entailed re-grading
approximately 65 acres of agricultural lands to return
the Carr Lake area to wetland, riparian and native
grassland habitats. An extensive public trail network
was also developed through the restoration area.
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PROJECT EXPERIENCE
LINCOLN-CUNNINGHAM PARK
MASTER PLAN AND PHASE 1 ARTERIAL TRAIL PROJECT
Whitson Engineers, in collaboration with BFS
Landscape Architects, Earth Systems and Aurum
Consulting Engineers, provided public outreach,
planning and design services for redevelopment of
this historic 2.9-acre city park. Services included park master planning, preliminary cost estimating, and
public outreach; aerial and supplemental ground
surveying; geotechnical investigation and
engineering; civil and electrical engineering;
landscape design; and design support during
construction. The implemented Phase 1 park
improvements included new multi-use paths, a 5-to12-year-old play area, a central plaza with shade structure, BBQ pits and seating, a basketball court,
various bioretention ponds, site and public utility
improvements, and frontage improvements including
new on-street accessible parking. Future planned
improvements include a public restroom building, a 2-
to-5-year-old play area and an Adult Fitness Area.
LOCATION:
Seaside, CA
SPECIALTY AREA:
Parks
PROJECT SERVICES:
Land Surveying
Civil Engineering
Landscape Architecture
Geotechnical Engineering
Electrical Engineering
Cost Estimating
KEY PERSONNEL:
Richard Weber
Nathaniel Milam
Chuck Pugh
CLIENT:
City of Seaside
440 Harcourt Ave
Seaside, CA 93955
CONTACTS:
Andreas Baer
Assistant PW Director
(831) 899-6886
[email protected]
DATE OF SERVICES:
2023 – 2026
CONSTRUCTION CONTRACTOR:
Monterey Peninsula
Engineering
CONSTRUCTION COST:
$2MM
PROJECT SIZE:
2.5 acres
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FIRM PROFILE
Whitson Engineers
Civil Engineering & Land Surveying | Monterey, CA
Whitson Engineers is a full-service civil engineering and land surveying firm in Monterey, California. We specialize in delivering expert services to local governmental agencies, public utilities, and institutions throughout the Monterey Bay region. Our office is conveniently located in the Ryan Ranch office park in Monterey, and all projects are managed and executed by our dedicated team of over 30 local professionals.
We also have experience delivering projects through Caltrans District 5 and have completed projects on State Routes 1, 68, 101 and 218 in Monterey County.
Civil Engineering Services
Our engineering team has extensive experience supporting public infrastructure projects from concept through construction. Our services include:
Project Development & Planning
Project scoping, preliminary plans, and budget development Feasibility studies, alternatives analysis, and cost-benefit evaluations Site planning for grading, drainage, utilities, parking, and accessibility Design & Construction Documents
Preparation of Plans, Specifications, and Cost Estimate (PS&E) Utility planning, utility investigations, utility mapping, and utility relocation design Storm drain system design: storm drain pipes, manholes, inlets, trash capture devices, retention/detention basins, bioretention planters, tree box biofilters, underground infiltration systems, and maintenance projects including cleaning and restoration of storm drains and basins
Stormwater Management
Stormwater Control Plans (SWCPs) under our local Post-Construction Requirements and using the MRSWMP and City templates
Erosion and Sediment Control Plans and SWPPPs
Construction BMPs and post-construction Stormwater Control Measure (SCM) inspections
Pavement conditions assessments and pavement rehabilitation designs Storm drain and sanitary sewer collection systems designs Agency Coordination
Developing Caltrans-specific documentation including Caltrans-format PS&E, Caltrans Project Reports, design exception documents, storm water documents, right of way acquisition support, and utility relocation coordination. 116
FIRM PROFILE
Municipal Engineering and Land Surveying Support
Whitson Engineers also supports cities, counties, and special districts with a variety of municipal services:
Review of development applications and environmental impact reports for compliance with state and local NPDES permits, including the state’s Construction General Permit, the City’s MS4 Permit, and our Region 3 Post-Construction Requirements
Review of applications for lot splits, lot mergers, Parcel Maps, Lot Line Adjustments and other planning applications for conformance with the Subdivision Map Act and City and County requirements
Review of Encroachment Permit applications
Preparation and review of bid documents and proposals Real property record and title research
Grant application support
Litigation support (expert witness)
Land Surveying Services
We offer a full range of survey services, supporting both public and private projects:
Preparing annexation maps, legal descriptions, and applications Right-of-way and boundary surveying and monumentation Topographic surveying and mapping
Traditional aerial mapping as well as unmanned aerial vehicle (drone) mapping Surveying within Caltrans right-of-way and developing Caltrans-specific documentation including right-of-way mapping, plats, legal descriptions, and certification
Utility investigation and mapping
Preparation of plats and legal descriptions
Ridge poles and building flagging
High precision settlement monitoring surveys
Construction staking
Grade checking, form checking and as-built surveying
A.L.T.A. Surveys
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KEY PERSONNEL
RICHARD WEBER, PE, PLS
PRINCIPAL
Over thirty-three years of experience as a Project Manager, Civil Engineer and Land Surveyor for both public and private
institutional clients. Areas of expertise include land surveying, Geographic Information Systems (GIS), site planning and design for institutional and campus environments, storm water
management, Low Impact Development (LID), and road and
highway design.
Relevant Project Experience:
▪ City of Monterey, Laguna Grande Park, Monterey, CA –
Principal-in-Charge
▪ City of Monterey, Lower Presidio Historic Park – Sloat Monument Trail & Serra Monument Trail, Monterey, CA –
Principal-in-Charge
▪ City of Monterey, Monterey Bay Sanctuary Scenic Trail – Presidio Curve, Monterey, CA – Principal-in-Charge
▪ Big Sur Land Trust, City of Salinas Ensen Community Park/Carr Lake Park & Floodplain Restoration, Salinas, CA – Principal-inCharge ▪ City of Seaside, COE Avenue Class 2 Bike Lanes & Pedestrian Improvements, Seaside, CA – Principal-in-Charge
▪ County of Santa Cruz Department of Public Works, Heart of Soquel Park, Soquel, CA – Principal-in-Charge
▪ Monterey County and Big Sur Land Trust, Carmel River
Floodplain Restoration & Environmental Enhancement
(Carmel River FREE), Carmel, CA – Principal-in-Charge
▪ Monterey County Parks Department, Laguna Seca
Recreation Area, Monterey County, CA – Principal-in-Charge ▪ Monterey County Parks Department, Marks Ranch Trail,
Salinas, CA – Principal-in-Charge
▪ Monterey County Public Works, Laguna Seca Recreation Area Start-Finish Bridge and Track Overlay, Monterey County, CA – Principal-in-Charge
▪ Monterey Peninsula Regional Park District, Laguna Grande Park Soccer Field, Seaside, CA – Principal-in-Charge
▪ Monterey-Salinas Transit, SURF! Busway and Bus Rapid Transit (BRT), Monterey County, CA – Principal-in-Charge
▪ Santa Cruz Public Works Department, East Cliff Drive
Parkway, Santa Cruz, CA – Principal-in-Charge
▪ Transportation Agency for Monterey County (TAMC), Beach Range Road Multi-Use Trail, Fort Ord Dunes State Park, CA – Principal-in-Charge
▪ Transportation Agency for Monterey County (TAMC), Carmel Hill & River Bike Trail, Carmel, CA – Principal-in-Charge ▪ Transportation Agency for Monterey County (TAMC), Fort Ord Regional Trail and Greenway (FORTAG) Survey, Monterey
County, CA – Principal-in-Charge
Licenses:
▪ California Registered Civil
Engineer #55219
▪ California Licensed Land
Surveyor #8002
Education:
▪ BS, Civil Engineering,
Santa Clara University
Professional Experience:
▪ Whitson Engineers, 33 years
Professional Organizations
(Monterey Bay Chapter):
▪ American Council of
Engineering Companies
(Treasurer / Past President)
▪ American Public Works
Association
▪ California Land Surveyors
Association
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KEY PERSONNEL
ANDREW HUNTER, PE
PRINCIPAL
Over twenty-four years of experience as a Civil Engineer and Project Manager for both public and private sector clients. Areas of expertise include planning entitlements, subdivision layouts, site grading and drainage, sanitary sewer, water, and storm drain systems, public roadway improvements, low impact
development (L.I.D.), institutional projects, and commercial developments.
Relevant Project Experience:
▪ Monterey County, Lincoln Park, East Garrison, CA – Principal responsible for overseeing the civil engineering plans and construction staking for an approximate 7-acre community park, which includes play equipment, a basketball court, baseball field, soccer field, and picnic areas. Landscaped open space and trails surround the park that is in the middle of the 1,400-unit master planned East Garrison community in the former Fort Ord. The sunken soccer field also serves a dual-use as a 6.6-acre-foot detention basin that is an integral part of the East Garrison stormwater management system.
Additional neighborhood parks include Cordell Hull Park, Eleanor Roosevelt Park, West Camp, Douglas MacArthur Park, Arts Park, and Bluff Courts Park.
▪ Monterey County, Marina Station Neighborhood Parks,
Marina, CA – Principal responsible for overseeing the civil engineering design and implementation of the first 2 phases of the Marina Station subdivision and its two neighborhood parks and multi-use trail systems as part of a 320-acre mixeduse master-planned community in northern Marina. Led project oversight, client coordination, and City processing. ▪ San Benito County, San Juan Oaks Community Park and Olive Hill Park, Hollister, CA – Principal responsible for overseeing the civil engineering services for 2 public parks including a 5-acre community park that includes dog parks, an exercise loop, and community gardens, while the other involves a farmers market-style feel set amongst an existing olive orchard. ▪ Monterey County, Sea Haven Phase 4 Parks, Marina, CA – Principal responsible for the civil design of the 304-unit phase that included 2- 3/4 AC neighborhood parks and over 1/2 mile of multi-use trails through an arroyo.
▪ Monterey County, The Dunes on Monterey Bay, Hilltop Park, Butterfly Park, and Linear Park, Marina, CA – Principal responsible for overseeing the public and private parks within multiple phases of the mixed-use Dunes on Monterey Bay
project as part of the community subdivision design.
▪ Monterey County, Mills Ranch Community Parks, King City, CA – Principal responsible for overseeing the civil engineering services for the subdivision that included 3.3 AC and 4.5 AC Community Parks. The parks included amenities such as
soccer, softball, volleyball, pickleball, and play structures.
Licenses:
▪ California Registered Civil
Engineer #67730
Education:
▪ BS, Civil & Environmental
Engineering, University of
California, Berkeley
Professional Experience:
▪ Whitson Engineers, 16 years
Professional Organizations:
▪ American Council of
Engineering Companies
(Past President, Monterey
Bay Chapter)
▪ American Public Works
Association
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KEY PERSONNEL
NATHANIEL MILAM, PE, QSD
SENIOR CIVIL ENGINEER
Nineteen years of experience as a Project Manager and Civil Engineer for both public and private sector clients. Areas of expertise include design of public works projects and campus and commercial developments, with focuses on street and highway design, pedestrian accessibility, bicycle facilities, and stormwater management.
Relevant Project Experience:
• City of Monterey – On-Call Services – Project Manager and Design Engineer for over 100 city projects since 2007.
Improvements have focused on pavement maintenance,
street widening and geometric improvements, traffic
calming, pedestrian accessibility, bicycle facilities, and storm drainage.
• City of Seaside – Lincoln-Cunningham Park Master Plan and Phase 1 Arterial Trail Project – Managed multidisciplinary design team and prepared civil plans, specifications and estimate for the redevelopment of a historic 2.9-acre city park including multi-use trails and walkways, 2 play areas, adult fitness area, picnic areas, basketball court, and associated parking, accessibility, storm drainage and utility improvements.
▪ Big Sur Land Trust – City of Salinas, Ensen Community Park – Prepared plans and specifications and provided construction support for development of a new 6-acre city park including playground, sport courts, skate park, dog park, picnic and BBQ areas, restroom buildings, parking and utilities.
▪ Transportation Agency for Monterey County (TAMC) – Beach Range Road Multi-Use Trail – Prepared plans, specifications and estimate for 4-mile-long multi-use trail in Fort Ord Dunes State Park, including paving, signage, and striping, site furnishings, and interpretive and wayfinding signage.
▪ TAMC (via subcontract to GHD) – FORTAG Phase 1 – Served as the project’s Utility Coordinator and prepared the project’s Storm Water Data Report, Storm Water Control Plan, and
Stormwater O&M Plan for a 1.5-mile shared-use path in Del Rey Oaks and Seaside, including a pedestrian undercrossing at Highway 218.
• Monterey-Salinas Transit (via subcontract to Kimley-Horn) – MST SURF! Busway and Bus Rapid Transit (BRT) – Prepared Storm Water Control Plan (SWCP) and Caltrans Drainage
Report for a 6-mile bus-only roadway parallel to Highway 1. • Monterey County – Hyland Drive / El Rancho Way Storm Drain and Street Improvements – Prepared plans, specifications, and estimate, provided construction support, and managed construction staking for 1/2-mile of street reprofiling and reconstruction including new storm drain main, curb, gutter and sidewalk, roadway pavement and retaining walls.
Licenses:
▪ California Registered Civil
Engineer #76451
▪ California Qualified SWPPP
Developer / Preparer
#00309
Education:
▪ BS, Civil Engineering,
California Polytechnic
State University, San Luis
Obispo (Magna Cum
Laude)
Professional Experience:
▪ Whitson Engineers, 19 years
Professional Organizations:
▪ American Public Works
Association, Monterey Bay
Chapter
120
KEY PERSONNEL
CHUCK, PLS | PROJECT MANAGER
LAND SURVEY MANAGER
Twenty-two years of experience as a Project Manager and Land Surveyor for both public and private sector clients. Perform most types of general land surveying practices including boundary, topographic, A.L.T.A., land division, photogrammetric control, mapping, Real-Time GNSS, construction staking and legal description preparation.
Relevant Project Experience:
Parks | Trails | Recreation
▪ Big Sur Land Trust, City of Salinas Ensen Community Park, Salinas, CA – Land Survey Manager
▪ City of Sand City, Esselen-Ohlone Park, Sand City, CA – Land Survey Manager
▪ City of Seaside, Capra Park, Seaside, CA – Land Survey Manager
▪ City of Seaside, Lincoln-Cunningham Park Master Plan & Phase 1 Arterial Trail Project, Seaside, CA – Land Survey Manager
▪ County of Monterey Parks Department, Laguna Seca
Recreation Area, Monterey County, CA – Land Survey
Manager
▪ County of Monterey Parks Department, Marks Ranch Trail, Salinas – Land Survey Manager
▪ County of Santa Cruz Department of Public Works, Heart of Soquel, Soquel, CA – Land Survey Manager
▪ County of Santa Cruz Redevelopment Agency, East Cliff Drive Parkway Improvements, Santa Cruz, CA – Land Survey
Manager
▪ Monterey Peninsula Regional Park District, Laguna Grande Park Soccer Field, Seaside, CA – Land Survey Manager
▪ Monterey Peninsula Regional Park District, Rancho Canada Public Restroom & Bus Services, Carmel, CA – Land Survey Manager
▪ Transportation Agency for Monterey County (TAMC), Carmel Hill & River Bike Trail, Carmel, CA – Land Survey Manager Transportation | Public Works
▪ Monterey-Salinas Transit, Bus Rapid Transit (BRT) Surveying, Monterey County, CA – Land Survey Manager
▪ City of Marina, Imjin Parkway Widening Project, Marina, CA – Land Survey Manager
▪ City of Monterey, Del Monte Avenue / Pacific Street
Intersection Improvement Project, Monterey, CA – Land
Survey Manager
▪ City of Monterey, Highway 68/Holman Highway Roundabout Project, Monterey County, CA – Land Survey Manager
Licenses:
▪ California Registered Land
Surveyor #9167
Education:
▪ BS, Earth Systems & Policy,
California State University,
Monterey Bay
Professional Experience:
▪ 22 years (total)
Professional Organizations:
▪ California Land Surveyors
Association, Monterey Bay
Chapter
▪ American Public Works
Association, Monterey Bay
Chapter
121
Firm Profile | BFS Landscape Architects
BFS Landscape Architects has provided design and planning services to public and private clients throughout California for more than three decades. Our work spans regional park and open space master plans as well as detailed designs and implementation of recreation and neighborhood parks, playgrounds, community and athletic facilities, healthcare and educational campuses, urban streetscapes, and civic spaces.
BFS combines experience and passion for designing and implementing public trails in various contexts, including waterfronts, historic areas, urban spaces, and rural landscapes. Our expertise spans from citywide and regional trails master planning to detailed design, permitting, and construction documentation for specific trail segments. We also assist clients with grant writing to secure funding for trail projects. The results are trails that fulfill multiple objectives: enhanced safety and accessibility, expanded opportunities for recreation and transportation, restored habitats and natural systems, preservation of historic settings, and improved maintenance.
We understand the challenge of keeping up with the growing and changing needs of existing landscaped spaces and future developments.
Our project team, along with our consultant partners, effectively identifies these needs and collaborates with client staff and stakeholders to develop a targeted implementation strategy that may include the following comprehensive services:
PLANNING AND DESIGN
§ Feasibility Studies and Master Planning
§ Parks, Athletics, and Open Space Trails (pedestrian and bicycle) § Streetscapes and Downtown Vision Documents
PUBLIC AGENCY & TEAM COORDINATION
§ Permitting, Regulatory Compliance, and Public Process (meetings, document preparation)
§ Consultant Team and Drawing Coordination
§ Project Scheduling
§ Community Outreach (workshops, meetings with neighborhoods and specific interest groups, design charrettes, web-based questionnaires, telephone surveys)
§ Visual Simulations (view selection, three-dimensional modeling, photo rendering)
FUNDING
§ Cost Estimate Preparation
§ Grant Writing and Administration
SUSTAINABILITY
§ Water Conservation
§ Stormwater Management
§ Climate-adapted and Native Planting
§ LEED/USGBC Experience
§ Landscape Restoration
§ Fuel Management and Fire Resiliency Planning
ESTABLISHED
January 1994
MONTEREY OFFICE
425 Pacific Street #201
Monterey, CA 93940
831.646.1383 p
MOUNTAIN VIEW OFFICE
1580 West El Camino Real #12
Mountain View, CA 94040
650.326.6622 p
SAN DIEGO OFFICE
3830 Valley Centre Drive #705
PMB 875
831.917.9145 c
PRINCIPALS
Larry Foster, PLA
ASSOCIATE PRINCIPALS
Adit Pal, PLA, ASLA, LEED AP
Elizabeth Matz, PLA, ASLA
ASSOCIATE
Steve Eichner, PLA
FIRM REGISTRATIONS
DIR:100064499
SBE: 22387
FIRM MEMBERSHIPS/CERTIFICATIONS
CA Small Business Enterprise
US Green Building Council
California Park & Recreations Society
122
Firm Profile | BFS Landscape Architects
Elizabeth Matz Associate Principal
As a lead designer and project manager at BFS Landscape Architects, Beth guides projects from concept to finished construction and provides creative and sustainable solutions at all phases within a project’s development. Her passion to create identity in public places through detail and materials drives her research and site experience. Beth’s project experience encompasses master planning, park design, healthcare and educational facilities, and multifamily and housing development.
RELEVANT PROJECT EXPERIENCE
§ Laguna Grande Regional Park Joint Powers Authority, Laguna Grande Trail and Vegetation Maintenance Plan, Monterey/Seaside, CA Project Manager /Outreach Coordinator. Beth served as the Project Manager and Outreach Coordinator to assist the Laguna Grande Regional Park Joint Powers Authority with a maintenance strategy to alleviate neighborhood concerns of potential fire, illegal camping, and disruption of sensitive habitat in the park. BFS prepared a trail and vegetation maintenance strategy to restore the balance between nature and the community and to enhance the habitat and viewshed.
§ Big Sur Land Trust, Ensen Community Park & Open Space at Carr Lake, Salinas, CA
As the Project Manager and Lead Designer, Beth assisted the Big Sur Land Trust (BSLT) in developing a master plan within the Salinas floodway for the repurpose of existing agriculture with a 6-acre community park and 70 acres of open space and habitat. The scope included community outreach facilitation, design development, grant writing, CEQA, and permitting support. The project is presently under construction. Beth assisted BSLT with CEQA support, Prop 68 documentation, cost estimates, support graphics, and community outreach.
§ Santa Clara County Parks & Recreation, Martial Cottle Park, San José, CA Project Manager. Martial Cottle Park is a 256-acre regional park jointly managed by Santa Clara County Parks and California State Parks. The initial development included farm and park infrastructure, 3.5 miles of perimeter trails, a 20-acre open space park for picnic facilities, and a “Discovery Farm” for educational play. The recreation trail is a 12-foot-wide multi-use trail designed to the standards of the Santa Clara Interjurisdictional Trail Guidelines. The trail is located around the perimeter of the park and connects the adjacent residential neighborhoods directly to the park and to the park core. § Monterey Peninsula Regional Park District, Palo Corona Regional Park - Rancho Canada Unit (West Side), Carmel, CA
Project Manager. BFS collaborated with the District to develop the trailhead entry at the former Rancho Canada Golf Course. Beth was the lead site designer and project manager for the project, which includes a multi-use trail, parking, and access. In 2021, the General Development Plan for the park was completed, designating 7 acres near the clubhouse and parking lot for outdoor education, inclusive nature play, restroom facilities, picnic areas, use of the existing pond for wildlife viewing and fishing, accessible walking trails, and a trailhead for connecting visitors to open space. In addition, Beth led the site design for assisted MPRPD with Prop 68 documentation, cost estimates, support graphics, and community outreach.
EDUCATION
BLA California Polytechnic State
University, San Luis Obispo, CA
PROFESSIONAL REGISTRATION
§ PLA State of California #5920
§ Certified Playground Safety Inspector
#22599-0916
PROFESSIONAL AFFILIATION
§ American Society of Landscape
Architects
§ National Parks and Recreation
Association
§ California Parks and Recreation Society
YEARS OF PROFESSIONAL SERVICE
Twenty +
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DD&A COMPANY PROFILE
DD&A is headquartered in Monterey, California. Since its inception in 1983, DD&A’s focus has been the preparation of environmental documents under the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA), as well as providing natural resources planning and regulatory permitting services. DD&A has a significant history working with local, state, and federal agencies on a variety of transportation- and public access-related projects. Projects have included bridge seismic retrofit and replacement, bus rapid transit corridors, pedestrian and bicycle trails, complete streets, flood protection structures, multijurisdictional trail management plans, and stormwater improvements. DD&A regularly partners with Whitson Engineers to successfully complete complex transportation infrastructure projects.
As a land use consulting and environmental planning firm, DD&A provides an array of environmental services, including preparation and management of CEQA/NEPA documents, preliminary resource assessments and surveys, peer review of technical analyses, overall project management, natural resource planning and impact assessments, inland and coastal permitting assistance, and contract planning services.
In addition to a full staff of environmental planners, DD&A provides biological resource evaluations through its Natural Resources Division (NRD). The NRD provides technical evaluations on projects involving wetland and riparian evaluations and delineations, habitat restoration planning, coastal and marine ecology, rare plant surveys, wildlife biology, hydrologic assessments, CEQA/NEPA documentation, constraints analyses, biological assessments, and natural environment studies.
DD&A has a well-respected reputation for preparing environmental documentation in compliance with CEQA/NEPA, with a proven track record of meeting client needs and successfully completing state and federal environmental review requirements. DD&A is committed to effective problem solving that allows clients to meet their planning needs while considering environmental resource constraints affecting site development. DD&A has considerable experience coordinating and managing permit applications through various local, state, and federal agencies, including the California Department of Transportation (Caltrans), California Department of Fish and Wildlife (CDFW), Regional Water Quality Control Boards (RWQCB), National Oceanic and Atmospheric Administration/National Marine Fisheries Service (NOAA/NMFS), U.S.
Army Corps of Engineers (USACE), and U.S. Fish and Wildlife Service (USFWS).
DD&A is incorporated under California law. DD&A is certified by the State of California as a Small Business (#20855) and Woman-Owned Business (#13824). DD&A is also certified by the Supplier Clearinghouse for the Utility Supplier Diversity Program of the California Public Utilities Commission as a Diversified Supplier (#1007A045).
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DENISE DUFFY & ASSOCIATES – KEY PERSONNEL
Matt Johnson
Senior Project
Manager/Environmental
Scientist
EDUCATION
Bachelor of Science, Earth
Systems Science and Policy,
California State University
Monterey Bay
Microsoft Systems Engineer
Certification, New Horizons
Computer Learning Center
PROFESSIONAL
AFFILIATIONS
Central Coast Joint Data
Committee
Monterey Peninsula Audubon
Society
REGISTRATIONS &
CERTIFICATIONS
Trimble Certified GPS Operator
40 Hour HAZWOPER Certification
USFWS Federal Recovery Permit
TE-091857-0 - California tiger
salamander and California redlegged frog
CDFW Scientific Collection Permit
SC-007701
USFWS Approved Bald/Golden
Eagle Surveyor
OVERVIEW:
Matthew Johnson has 24 years of experience working in the environmental field.
Mr. Johnson currently serves as a Senior Environmental Scientist, Project Manager, and manager of DD&A’s Geographic Information Systems (GIS) department. His responsibilities include project management, rare plant and wildlife surveys, biological monitoring, wetland delineations, and riparian habitat assessments, and preparation of biological documentation. Mr. Johnson also holds a CDFW Scientific Collecting Permit allowing for collection and handling of mammals, reptiles, amphibians, and freshwater/terrestrial invertebrates. He is an expert in conducting presence/absence surveys for several special-status species, including California tiger salamander, California-red legged frog, Monterey dusky-footed woodrat, California legless lizard, burrowing owl, bald eagle and other protected avian species, sand gilia, and Monterey spineflower.
Mr. Johnson has worked on and managed the biological efforts for a variety of project types, including water and wastewater infrastructure, residential and commercial development, and transportation.
TECHNICAL CAPABILITIES:
Experience working closely with resource and regulatory agencies in permitting projects of varying size and complexity.
Extensive experience managing and conducting biological monitoring and preconstruction wildlife surveys on a variety of projects, including substantial experience on water infrastructure projects. Proficiency in conducting biological surveys, including protocol-level surveys for special-status wildlife and rare plant species. Experience preparing biological reports for a broad range of environmental documentation in accordance with CEQA and NEPA requirements and local, state, and federal policies and regulations, including the Clean Water Act and the federal and state Endangered Species Acts.
Expertise in preparing scopes, managing subconsultants, and keeping projects within established budgets and timeframes.
SELECTED PROJECT EXPERIENCE:
Marina Coast Water District On-Call, Monterey County
Imjin Parkway Widening Project, Marina
Pure Water Monterey Groundwater Replenishment Project, Monterey County
MCWD A-Tanks Biological Report, Seaside
Regional Urban Water Augmentation Project, Monterey County Carmel River Floodplain Restoration and Environmental Enhancement Project, Monterey County
Carmel Lagoon Ecosystem Protection Barrier (EPB), Scenic Road Protection Structure (SRPS), & Interim Sandbar Management Plan (ISMP) 125
DENISE DUFFY & ASSOCIATES – KEY PERSONNEL
Jami Colley
Senior Environmental Scientist II
EDUCATION
Bachelor of Science, Earth Systems
Science and Policy, California State
University Monterey Bay
REGISTRATIONS &
CERTIFICATIONS
USFWS Federal Recovery Permit -
California tiger salamander and
California red-legged frog
#ES091857
CDFW Scientific Collection Permit
#SC-10092
CDFW Plant Voucher Collecting
Permit 2081[a]-16-104-V
40 Hour HAZWOPER Certification
Managing Habitats for California Redlegged Frog Workshop, Elkhorn Slough Coastal Training Program
Rare Pond Species Workshop,
Elkhorn Slough Coastal Training
Program
Wetland Delineation Training,
Wetland Training Institute
Arctostaphylos Workshop, Jepson
Herbarium
Basic Botany Workshop, Jepson
Herbarium
Poaceae Workshop, Jepson
Herbarium
OVERVIEW:
Ms. Colley is a Senior Environmental Scientist with 21 years of experience working in the environmental field. At DD&A her responsibilities include managing and conducting biological and botanical field surveys and wetland delineations; preparation of biological reports, CEQA and NEPA documentation, restoration plans, and regulatory permit applications; preconstruction and construction-phase monitoring; and providing oversight and expert advice to assistant- and associate-level Natural Resources Division staff. Ms. Colley has experience working on various types of projects including transportation, water and wastewater infrastructure, residential and commercial development, habitat restoration, educational facilities, and military facility cleanup.
TECHNICAL CAPABILITIES:
Experience preparing biological reports in accordance with CEQA and NEPA requirements and local, state, and federal policies and regulations, including the federal and state Endangered Species Acts. Expertise in conducting botanical surveys, including focused surveys for special-status plants such as sand gilia, Monterey spineflower, seaside bird’s-beak, Yadon’s piperia, Pacific Grove clover, and Congdon’s tarplant.
Proficiency in conducting presence/absence surveys for California tiger salamander and California red-legged frog, American badger, Monterey dusky-footed woodrat, nesting birds, Smith’s blue butterfly habitat, and state candidate bumble bee species.
Experience working closely with resource and regulatory agencies in permitting projects of varying size and complexity, including the CDFW, USFWS, NMFS, Caltrans, RWQCB, ACOE, NRCS, and California Coastal Commission.
Experience providing construction-phase biological monitoring and biological trainings to inform construction crews of the sensitive resources present within project sites, including 15 years as the lead biologist providing biological support services for the cleanup of the inland ranges of the former Fort Ord Army Base in Monterey County.
SELECTED PROJECT EXPERIENCE:
Carmel River Floodplain Restoration & Environmental Enhancement Project, Monterey County
Rancho Cañada Floodplain Restoration Project, Monterey County Carmel Lagoon Ecosystem Protective Barrier, Scenic Road Protection Structure, and Interim Sandbar Management Plan, Monterey County County of Monterey On-Call Environmental
Imjin Parkway Widening Project, Marina
Nacimiento Lake Drive Bridge Replacement Project, Monterey County
Scenic Road Emergency Permitting, Monterey County
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EARTH SYSTEMS
Firm Profile
Earth Systems Pacific (Earth Systems) is a geotechnical engineering firm serving clients across California. Their staff of approximately 135 experts consist of laboratory technicians, special inspectors, registered geotechnical engineers, certified engineering geologists, and soil technicians. Their services include geotechnical engineering, engineering geology, geophysical surveys, construction monitoring, and materials testing and inspection. Earth Systems, Inc. was founded as a California corporation in 1969 with its original offices in Palo Alto and Ventura, California. Earth Systems Pacific, a wholly owned subsidiary of Earth Systems, Inc., was established as a California Corporation in 1999. They are registered with the Department of Industrial Relations, DIR No. 1000003643.
With over 50 years of experience serving Monterey County, Earth Systems brings detailed knowledge of geotechnical engineering to projects in the private and public sectors across the region. They have provided geotechnical engineering and/or materials testing services for the Fort Ord Regional Trail & Greenway, Lincoln Cunningham Park Trail, Alisal Road Reconstruction, California American Water Parking Lot, and Viejo Road Emergency Storm Damage Repair projects. They have successfully partnered with Whitson Engineering on many other projects in the region as well, including the Mid Valley Fire Station Hardscape, Foam Street Pavement Rehabilitation, Monterey Pavement Rehabilitation, Salinas City Hall Parking Lot Expansion, and the Fort Ord Reuse Authority (FORA) South Boundary Road projects.
The Earth Systems laboratories have the capacity to perform hundreds of tests upon soils, Portland cement concrete, asphalt concrete, steel, masonry, and other building materials. Earth Systems laboratories have been accredited, accepted, validated, or approved (as appropriate) for various test methods by the California Department of Transportation (Caltrans), the Division of the State Architect (DSA), the U.S. Army Corps of Engineers, the City of Los Angeles Department of Building and Safety, and the Department of Health Care Access and Information (HCAI); please refer to each agency or organization’s website for listings pertaining to Earth Systems’ individual laboratories. The Hollister laboratory is Caltrans-approved and has been evaluated by the AASHTO Accreditation Program (AAP) for compliance with AAP Procedures.
Laboratory equipment is calibrated annually, and the calibrations are traceable to the National Institute of Standards and Technology (NIST). Materials testing is performed under the supervision of licensed professional engineers, and laboratory testing is conducted by qualified and trained technicians in accordance with ASTM, Caltrans, AASHTO, and other appropriate laboratory methods.
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Ajay Singh, PE, GE
Principal Geotechnical Engineer
Ajay Singh is a registered civil and geotechnical engineer with over 30 years of experience in the field of geotechnical engineering. He manages large and complex geotechnical projects, providing technical guidance, quality assurance and project oversight. He is a recognized local expert regarding the soil and groundwater conditions that characterize the central/northern California region and is known for his ability to develop effective geotechnical solutions for soil or groundwater issues that may otherwise adversely impact projects. His expertise encompasses geotechnical analysis for compressible and expansive soils, surcharge fills, slope stability, deep excavations and shoring, shallow groundwater, liquefaction, and settlement. He has extensive knowledge of regulatory requirements for local and state agencies, allowing him to develop scopes of services that are thorough and cost effective. Mr. Singh received his Bachelor of Science in Civil Engineering from Thapar Engineering University, Patiala, India in 1983, and his Master of Science in Civil Engineering from the University of California, Berkeley in 1987.
AREAS OF EXPERTISE
• Geotechnical field and laboratory investigations
• Stability analysis of soil and rock slopes
• Analysis and design of retaining walls and sheetpile structures • Geotechnical criteria for conventional, deep, post-tensioned and mat foundations
• Geotechnical criteria for earthwork, including reinforcement or stabilization of slopes
• Evaluation for pavement design
• Assessment of drainage and seepage problems
• Ground modification to stabilize subgrade and reduce project costs • Evaluation for excavation support and underpinning
• Forensic evaluation of existing or distressed foundations
PROJECT EXPERIENCE
• Fort Ord Regional Trail & Greenway California Avenue Segment, Marina, CA • Curie Drive Trail Improvements, San Jose, CA
• Madrone Channel Trail Improvement, Morgan Hill, CA
• Sanborn-Elvee Drive-Route 101, Salinas, CA
• California American Water Parking Lot, Monterey, CA
• Closter Park Revitalization, Salinas, CA
• York Highlands Roadway and Retaining Walls, Monterey, CA • McCormick Distribution Center Parking Lot, Salinas, CA • East Laurel Drive Erosion Repair Consultation, Salinas, CA • Foam Street Pavement Rehabilitation, Monterey, CA
• Lincoln Cunningham & Havana Soliz Parks, Monterey, CA • New Recreation Center & Park, Greenfield, CA
• Carr Lake Park Development & Open Space Restoration, Salinas, CA
REGISTRATIONS AND CERTIFICATIONS
Registered Professional Engineer
(Geotechnical), State of California, (No.
3057)
Registered Professional Engineer (Civil),
State of California, (No. 53647)
EDUCATION
M.S., Civil Engineering, University of
California, Berkeley, 1987
B.E., Civil Engineering, Thapar Engineering
University, Patiala, India, 1979-83
EMAIL
[email protected]
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Michelle Garcia, PG, CEG, QSP, QSD
Engineering Geologist, Project Manager
Michelle Garcia is a registered geologist and engineering geologist with over 25 years of experience in the geoprofessional industry. As a senior engineering geologist, her areas of expertise include geologic hazards assessments, fault investigation, analysis of liquefaction and lateral spreading, slope stability evaluation, detailed geologic logging of borings and cores, structural geology and geologic mapping, and geomorphic analysis using aerial photographs. She also has 10 years of experience in geotechnical engineering, with responsibilities that encompass project scoping, preparation of proposals, project coordination, geotechnical engineering analysis, supervision of geotechnical engineering investigations and oversight of materials testing and special inspection for projects under construction. In her role as a project manager, she interfaces with project owners, contractors, and governing jurisdictions; reviews project plans specifications to develop estimates for construction services; and manages project documentation, budgets, and schedules. Mrs. Garcia earned a Bachelor of Science in Geology and a Master of Science in Civil Engineering (emphasis in Geotechnical Engineering) from San Jose State University.
AREAS OF EXPERTISE
• Preconstruction geotechnical investigations and site assessments • Management of geotechnical aspects/materials testing of large complex projects
• Geotechnical engineering analysis for liquefaction, bearing capacity, settlement, and pavement design
• Coordination, logging and sampling of exploratory borings and CPT soundings • Preparation of maps, logs, and figures for geotechnical engineering reports • Geotechnical inspections of excavations, grading, and foundations • Geologic hazard studies
• Landslide evaluation and mitigation
• Fault investigation
• Assessment of potential for fault rupture
• Slope stability analysis
• Geologic applications of GIS/GPS
PROJECT EXPERIENCE
• Lincoln Cunningham Park Trail, Seaside, CA
• South Boundary Road Improvements, Monterey, CA
• Monterey Pavement Rehabilitation, Monterey, CA
• Harvey Kuffner Educational Center Parking Lot, Salinas, CA • East Laurel Drive Erosion Repair, Salinas, CA
• Alisal Road Reconstruction, Salinas, CA
• Division Street Pavement Rehabilitation, King City, CA • Viejo Road Emergency Storm Damage Repair, Monterey, CA • Carr Lake Park Development & Open Space Restoration, Salinas, CA • New Recreation Center & Park, Greenfield, CA
• Cutino Park Lighting Project, Seaside, CA
• El Gabilan Park Development, Salinas, CA
• Closter Park Revitalization, Salinas, CA
REGISTRATIONS AND CERTIFICATIONS
Professional Geologist, State of California
(No. 8519)
Professional Engineering Geologist, State of
California (No. 2668)
ICC Certified Soil Special Inspector
(No. 8162704)
SWPPP Developer (QSD), SWPPP
Practitioner (QSP) (No. 27799)
Certified Nuclear Gauge Operator
Certified Radiation Safety Officer
EDUCATION
M.S., Civil Engineering, San Jose State
University
B.S., Geology, San Jose State University
PROFESSIONAL AFFILIATIONS
Member – Association of Engineering
Geologists
Member – The Geological Society of
America
Member – Northern California Geological
Society
Member – American Society of Civil
Engineers
EMAIL
[email protected]
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Firm Profile
Hexagon Transportation Consultants, Inc.
Hexagon Transportation Consultants, Inc. was founded in 1998 in San Jose, California with the goal of providing quality, professional transportation consulting services to private and public entities. Hexagon provides services in all major aspects of transportation planning and traffic engineering. We have built our firm around three fundamental principles. First, we deliver the highest quality work with findings that are double-checked and presented clearly and concisely. Second, we deliver work products when promised. Finally, we are accessible and responsive.
Hexagon’s staff members have prepared thousands of studies, both large and small, over their professional careers. Hexagon’s public clients include city, county and state agencies and regional planning organizations. Hexagon has a wide range of private clients including technology companies, developers, architects, civil engineers, and environmental firms.
Hexagon has California offices in San Jose, Pleasanton and Gilroy offering a wide range of services including:
• Bicycle and Pedestrian Facility Design • Public Outreach • Traffic Signal Design • Long Range Plans, Specific Plans • Traffic Safety Studies • Traffic Impact Fee Studies
• Vehicle-Miles Traveled Analyses • Neighborhood Traffic Control Studies • Complete Streets Planning and Design • Campus Plans
• Travel Demand Forecasting Models • Animated Site Plans • Countywide and Citywide Circulation Plans • Specific Plans • Traffic Impact Analyses • Site Feasibility Studies
• Corridor Studies • TDM Plans
• Major Investment Studies • Parking Studies
• Traffic Simulation • Traffic Control/Construction Staging Plans • Ballpark and Stadium Studies • Roundabout Studies, Analysis and Design • Greenhouse Gas Traffic Emissions Studies • Site Review Studies • Pavement Delineation and Signing Plans
Hexagon has 28 employees within its three offices. Hexagon’s professional staff is experienced in all technical aspects of transportation consulting and highly proficient in state-of-the-art computer software including all major modeling packages, traffic simulation software, intersection level of service programs, advanced traffic operations programs, CADD programs and many specialized programs that process and analyze traffic data. Hexagon’s clients can be sure they are being provided high-quality, leading-edge technical services.
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Jeffrey A. Elia,
PE
Vice President &
Principal Associate
EDUCATION
Bachelor of Science in
Civil Engineering, Cum
Laude, San Jose State
University, San Jose,
California
PROFESSIONAL
ASSOCIATIONS
Registered Professional
Civil Engineer in the State
of California
(License No. C 68719)
Member, Institute of
Transportation Engineers
EXPERIENCE
Over the last 28 years, Jeff has worked on a variety of site traffic analyses, traffic engineering projects, signal design projects, corridor improvement projects, temporary traffic control plans, and traffic operations studies. Jeff has worked on numerous projects over the last several years involving enhanced bicycle and pedestrian facilities, including protected intersection designs, bicycle signals, separated bike lanes, mixed-use trails, and enhanced pedestrian crosswalks. Jeff currently manages Hexagon’s design. Jeff has a proven track record of effectively managing projects of all sizes and completing them on schedule and in a way that meets or exceeds client expectations.
REPRESENTATIVE PROJECTS
Gen. Jim Moore Boulevard and Lightfighter Drive Signal Design (Seaside, CA) – Hexagon prepared traffic signal modification plans, signing and striping plans, and construction phasing plans for improvements at this intersection, including removing the large porkchop island on the southwest corner, widening the eastbound approach, and realigning and widening the south leg of the intersection. The traffic signal improvements were laid out in such a way so as to allow the future planned improvements at the intersection to be implemented with minimal rewiring and reworking of traffic signal equipment. Hexagon also assisted the project construction team in devising a construction sequencing plan that kept traffic open at all times during the various stages of work.
350 Trimble Avenue Preliminary Off-Site Design (San Jose, CA) – The project consisted of the preliminary design of protected intersection corner treatments, traffic signal modifications, and Class IV bike lanes at Trimble Avenue and Orchard Parkway. The protected intersection corner treatments were designed to provide ADA-compliant pedestrian facilities, adequate space for bicyclists to maneuver around the corner or wait to cross the street, and enough space for semi-trucks to make right-turns at the corners. October 2022 to February 2024. 550 Piercy Road Off-Site Design (San Jose, CA) – The design included Class IV bike lanes along Hellyer Avenue, Piercy Road, and Silicon Valley Boulevard and a traffic signal modification at the intersection of Hellyer Avenue/Basking Ridge Avenue and Silicon Valley Boulevard/Tennant Avenue. The intersection and traffic signal modifications included protected intersection corner treatments, a two-way bike crossing, and bicycle signals. March 2023 to April 2026.
Adobe North Tower Off-Site Design (San Jose, CA) – The project included the design of a new signalized driveway and an RRFB-controlled trail crossing on the frontage of the new Adobe building on San Fernando Street. The signal design included a raised (Class IV) bikeway along the project frontage and a unique operating scheme in which the center lane of the garage driveway was reversible and could be operated in different directions at different times of the day. June 2018 to October 2023.
Blossom Hill Road Traffic Safety Project (Los Gatos, CA) – The project began with an operations analysis of short-term and long-term traffic calming improvements to increase bicycle and pedestrian comfort along Blossom Hill Road between Camelia Terrace and Hillbrook Drive. We later prepared signing and striping construction plans for the phase 1 “quick build” alternative of the project. The quick build alternative, through signing and striping improvement only, created continuous bicycle facilities in both directions along the entire study segment, including a Class IV separated bicycle facility along some portions. This was accomplished by removing a through lane in each direction and reconfiguring the roadway cross section. July 2020 to July 2023.
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404 W. FRANKLIN STREET, SUITE 100, MONTEREY, CALIFORNIA 93940 • ACEMB.COM • 831.646.3330
COMPANY PROFILE
Since Aurum Consulting Engineers Monterey Bay, Inc.’s inception in 1998 our focus has been on setting higher standards for electrical engineering design quality and service throughout Northern and Central California. Our comprehensive electrical engineering capabilities include the design of lighting, power distribution,
ENGINEERING DESIGN SPECIALTIES
Our comprehensive electrical system design capabilities include design of lighting, power distribution, fire alarm and life safety, and data/communications systems:
Power Distribution Systems
fire alarm, life safety and data/ communication systems.
ENGINEERING EXCELLENCE
Aurum Consulting Engineers is led by a core team of seven electrical project managers with over 100 years of combined electrical engineering experience. We offer a broad spectrum of expertise in design and construction. Our design expertise includes Medical, Commercial, Educational, High Technology, Industrial, Residential, Recreational and Agricultural Facilities. We can offer support from conceptual design through post-construction phases of a project, and are equally comfortable teaming with other consultants or taking the lead.
INVOLVEMENT
One of our core project managers is always personally involved in the engineering of every project from beginning to end. The Project Manager is responsible for coordination, design documents, • Medium Voltage Power Systems
• Line Voltage Power Systems
• Energy Surveys and Load
Analysis
Fire Alarm and Life Safety Systems
• Fire Detection and Alarm
Systems
• Emergency Lighting
Lighting Systems
• Architectural Lighting Design
• Retail and Restaurant Lighting
• Street Lighting
• Lighting Energy Management
Systems
Alternative Energy
• Fault Calculations and
System Coordination
Studies
• UPS Systems
• Security Systems
• Emergency Power
Generation Systems
• State of California
Mandated Title 24 Lighting
Compliance Calculations
• Lighting Control Systems
• Sports Facility Lighting
specifications, cost estimates, and completion of design on schedule. We believe that this personal involvement is as critical as our extensive engineering expertise in meeting our clients’requirements.
Our team has an unparalleled ability to coordinate its work with • Micro-turbine power generation • Photovoltaic
• Wind Turbine
Data/Communications Systems
other design professionals, and the trades.
CONSTRUCTION DOCUMENTS AND SPECIFICATIONS
Quality Engineering without well-defined, clear, and accurate construction documents does not allow for good competitive bids or the construction of the project. To this end, we constantly • Network Data System Design
• Communications System Design
• Public Address System Design
• Nurse Call System Design
Miscellaneous
• CCTV/CATV Distribution
Design
• Access Control System
Design
emphasize accuracy, readability, and clarity of drawings and specifications. All projects receive a complete in-house plan check before any documents are issued.
COMMITMENT
We are committed to providing outstanding service to our clients. Our experience providing engineering with a strong technical focus coupled with personal attention to your project, makes Aurum Consulting Engineers the team of choice for your consulting engineering requirements.
CADD
All drawings are produced on AutoCAD 2026, enhanced with MS Office. Our talented drafting staff has a thorough command of these systems. Aurum staff are trained on Revit 2026 to collaborate with Revit Architecture. They are proficient in the use of Electronic Transfer to send and receive documents and drawings.
• Electrical System Cost Analysis • Value Engineering
• Cost Estimating • LEED Assistance
PROFESSIONAL MEMBERSHIPS
Aurum Consulting Engineers are proud members of the following organizations:
• National Fire Protection Association (NFPA)
• American Council of Engineering Companies (ACEC)
• National Society of Professional Engineers (NSPE)
• Illuminating Engineering Society of North America (IESNA) • International Association of Electrical Inspectors (IAEI) • International Association of Lighting Designers (IALD) • Institute of Electrical and Electronic Engineers (IEEE) • U.S. Green Building Council (USGBC)
• National Institute of Certifications in Engineering
Technologies (NICET)
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EXPERIENCE
2004 – Present
Aurum Consulting Engineers • Monterey, California
Electrical Engineer Principal
Responsible for electrical design and coordination of
construction documents.
RESUMÉ
Eldridge’s Engineering and Project Management capabilities include over twenty years of Consulting Electrical Engineering involving power, lighting, fire alarm and electrical systems design and project management for new construction and
remodel/renovation of hospital/medical, educational,
commercial, industrial, government and residential projects.
He is thoroughly familiar with the latest California Department of Healthcare Access and Information (HCAi) procedures and regulations which govern medical facility projects and Division of State Architects (DSA) for educational projects. Eldridge has also provided electrical engineering services for design-build contractors and has provided electrical inspection for designbuild government projects.
ACEMB.COM • 831.646.3330
404 W. FRANKLIN ST., SUITE 100
MONTEREY, CALIFORNIA 93940
Eldridge
O. Bell, P.E.
ELECTRICAL ENGINEER
PRINCIPAL
EDUCATION
2003
University of the Pacific
Bachelor of Science
Electrical Engineering
DESIGNATIONS
Registered Professional
Engineer in California
Electrical Engineer E17789
ASSOCIATIONS
National Society of Professional
Engineers (NSPE)
American Council of Engineering
Companies (ACEC)
Institute of Electrical and
Electronic Engineers (IEEE)
U.S. Green Building Council
(USGBC)
SOFTWARE
AutoCAD
REVIT
ETAP
Bluebeam REVU
133
WORK
PLAN
134
WORK PLAN
Project Understanding
The Sand City Multi-Use Trail Project will transform the former Monterey Branch Line rightof-way of the historic Southern Pacific Railroad into a vibrant recreational and active transportation corridor. The project extends through the City of Sand City from Playa Avenue to State Route 218 in Seaside, utilizing a corridor currently owned by the Transportation Agency for Monterey County (TAMC). While portions of the existing corridor remain unused, other segments are presently used by adjacent property owners.
The primary project element is the construction of a 14-foot-wide asphalt multi-use path with 3-foot-wide shoulders throughout the corridor. In select locations, an adjacent 8- foot-wide pedestrian path will provide additional space for walkers and runners. The project also includes a variety of trailside amenities designed to enhance the user experience, including picnic areas, outdoor fitness stations, and new public parking facilities. The remaining portions of the right-of-way will be landscaped to establish a continuous greenbelt and improve the visual character of the corridor.
To ensure safe and convenient access, the trail will cross Olympia Avenue, Contra Costa Avenue, and Tioga Avenue. Planned improvements at these intersections include curb extensions (bulb-outs) and raised, high-visibility crosswalks. Rectangular Rapid Flashing Beacons (RRFBs) are proposed at the Contra Costa Avenue crossing to further enhance pedestrian and bicyclist safety. High-visibility crosswalks will also be installed where the trail crosses the parking lot driveways at Ortiz Avenue and Redwood Avenue.
At the trail’s southern terminus, improvements are proposed at State Route 218 to provide a safer and more direct connection to the existing Monterey Bay Sanctuary Scenic Trail. These improvements are identified as an Optional Service because they may ultimately be delivered as part of a separate project.
Improvements at the Playa Avenue intersection are not included within the scope of this project, as they are being implemented separately by Monterey-Salinas Transit (MST) as part of the Bus Rapid Transit (BRT) project currently under construction.
Upon completion, the Sand City Multi-Use Trail Project will create an attractive, milelong linear park and non-motorized transportation facility. The project will provide new opportunities for walking, bicycling, recreation, fitness, and community gathering while enhancing connectivity, safety, and environmental quality throughout the corridor. 135
WORK PLAN
Task 1: Project Management
Task 1.1: General Project Management
Whitson Engineers will serve as the Consultant Team’s Project Manager. Project management tasks will include:
• Prepare and update the project schedule
• Coordinate progress meetings
• Effectively communicate with City Staff regarding progress • Coordinate with other agencies as needed
• Manage subconsultants
• Oversee all the project components listed in this Work Plan • Budget, schedule, and resource management
• Ensure Quality Assurance and Quality Control Measures are completed • Invoicing
Nathaniel Milam will serve as Whitson Engineer’s Project Manager. Richard Weber and Andrew Hunter will provide quality control, design oversight, and constructability review.
Task 1.2: Progress Meetings
Coordinate the following meetings:
1. Kickoff meeting with the City and project team. The kickoff meeting will provide a project overview to the project team; introduce the project team to the city; review schedule, scope and cost controls; and set communication protocols.
2. Monthly coordination meetings for the duration of the project. Subconsultants will attend as needed. Progress meetings may be in person or via Teams/Zoom, as deemed appropriate.
Prepare meeting agendas and meeting minutes highlighting decisions made and action items, and will distribute them to the City and design team.
Task 1.2 Deliverables
Meeting agendas
Meeting minutes and action items
Task 1.3: Review of Existing Documents
Review project documents to understand the prior work performed and commitments made, outreach status and stakeholder engagement work completed, and ensure the final design effort is completed accordingly.
136
WORK PLAN
Project documents to review include environmental documentation; permits and agreements; available mapping and preliminary design drawings; stakeholder outreach materials, meeting summaries and correspondence; project memoranda; and other materials as provided by the City and as publicly available.
Task 1.3 Deliverables
Memorandum outlining documents reviewed and any follow-up needed Task 1.4 Field Review
1. Lead a field review with city staff and other parties (such as City of Seaside and TAMC) as determined by the city.
2. Perform additional field reviews as needed during the design phase.
Task 1.4 Deliverables
Field review notes.
Task 1.5: Agreements and Permits
Caltrans Encroachment Permit (Optional Task)
An Encroachment Permit will be required in the event work is proposed within the Caltrans right of way at State Route 218, or affecting the intersection’s operations (see Task 5). In this event, Whitson Engineers will prepare and submit the Caltrans Encroachment Permit Application and coordinate with Caltrans.
City of Seaside Encroachment Permit (Optional Task)
If a City of Seaside Encroachment Permit is required for preconstruction activities, Whitson Engineers will prepare and submit the Encroachment Permit Application and coordinate with the city.
TAMC Use Agreement (Optional Task)
Whitson Engineers will provide technical assistance to the City as requested for the TAMC Use Agreement. This may include review of legal descriptions and plats. (Preparation of legal descriptions and plats is included in Task 8.1.) Task 1.5 Deliverables
Permit Applications.
137
WORK PLAN
Task 2: Land Surveying
Task 2.1: Review Available Survey Data
Review available mapping to identify what additional survey work is needed for final design and permitting. Review will include project information provided by the city; utility system maps requested of and provided by utility owners; recorded maps available from the County Surveyor; and maps and as-builts provided by Sand City, Seaside, Caltrans and TAMC.
We understand the existing mapping consists of a 1”=40’ scale, 1-foot-contour interval aerial survey; right of way mapping; and limited utility mapping.
We understand a pre-construction Record of Survey (for monument preservation) will be completed prior to construction by the City, and is therefore excluded from our scope.
Task 2.1 Deliverables:
Memorandum (including site photographs and maps as applicable) outlining results of the review and providing recommendations for subsequent work.
Task 2.2: Supplemental Field Surveying (Optional Task)
This Task is identified as an Optional Task in the RFQ, however we anticipate supplemental surveying will be required for final design and permitting. Aerial mapping at a 1”=40’ scale and 1-foot-contour interval is not sufficiently detailed where the proposed work will match existing improvements, particularly at the street intersections.
Additionally, based on preliminary review of the mapping provided, additional boundary and utility mapping is anticipated.
The precise scope of this Optional Task is not known at this time, but may include:
1. Recover existing site control and search for additional record boundary monuments.
2. Review title information and plot the TAMC right of way, city street and highway rights of way, and adjacent parcels as appropriate. Review and plot easements and lease agreements, as applicable.
3. Set ground control point (GCP) targets throughout the project area for use as control and ground-truthing for a small Unmanned Aircraft System (sUAS, “Drone”) survey.
4. Coordinate airspace authorization and conduct a sUAS mission to collect lowaltitude nadir aerial photography of the site. Utilizing GCP’s and RTK-GPS positioning, process the photography to produce a current, high-resolution digital orthophoto and digital surface model of the project corridor.
5. Conduct supplemental ground-based topographic surveys where needed for final design and permitting. Locate all observed site features including structures, hardscape improvements (pavements, curbs, gutters, walkways), 138
WORK PLAN
fences, surface and overhead utility structures, trees greater than 6” diameter (with approximate drip lines), terrain grade breaks, and spot elevations as appropriate for design. Where needed, measure storm drain and sanitary sewer invert elevations and note pipe sizes and directions within manholes within the project area.
6. Plot existing utility information based on utility owner maps and surveyed surface evidence (ASCE 38-02 “Utility Quality C”).
7. Prepare an updated existing conditions base map for the project including the city-provided aerial mapping, updated boundary mapping, sUAS aerial imagery, supplemental survey information, and utility information.
Task 2.2 Deliverables
Updated existing conditions base map (AutoCAD 2018 format) Rectified digital orthophoto (0.2’ pixel resolution or better) in .JPG /.JGW or .TIF/.TFW format
Task 3: Final Landscape Design
BFS Landscape Architects will prepare the landscape architectural design for the project, advancing the current conceptual design through final Landscape Plans, Specifications, and Estimate (PS&E). Design elements include planting, irrigation, site furnishings, hardscape materials that are not covered by the civil design, and landscape restoration.
1. Prepare up to three alternative design concepts. The intent will be to obtain the city’s direction on conceptual trail aesthetics and equipment selection before moving into final design.
2. Prepare 60%, 90% and 100% Drawings for review, permitting, bidding and construction. The following sheets are anticipated:
Landscape Cover Sheet
Landscape General Notes
Landscape Construction Plan
Landscape Layout Plan
Site Furnishing &Trail Amenities Plan
Landscape Construction Details
Irrigation Plan
Planting Plan
Restoration Planting Plan
Irrigation and Planting Details
3. Prepare 60%, 90% and 100% Construction Cost Estimates 139
WORK PLAN
4. Prepare 90% and 100% Specifications
5. Participate in design review meetings and incorporate review comments.
Task 3 Deliverables
Up to three alternative landscape design concepts
60%, 90% and 100% Landscape PS&E
Task 4: Engineering Design
Geotechnical Engineering
Earth Systems will perform a geotechnical engineering investigation to identify and evaluate the subsurface soil and groundwater conditions at the site, and generate design-level engineering recommendations for development the project.
Recommendations will be provided for site grading, drainage, infiltration, trenching and utilities, paving, and construction observations and testing.
Civil Engineering
Whitson Engineers will prepare the Civil Plans, Specifications and Estimates (PS&E) and supporting documents with primary submittals provided at the 60% (Draft), 90% (Plan Check) and 100% (Bid Set) stages. Each submittal will reflect the comments received from the prior submittal.
1. Prepare 60%, 90% and 100% Drawings for permitting, bidding and construction.
The following sheets are anticipated:
General
Title Sheet and Location Map
General Notes, Legends and Abbreviations
Temporary Water Pollution Control Plan
Temporary Water Pollution Control Notes and Details
Civil
Key Map
Typical Sections
Demolition Plans
Construction Plans
Grading Plans (Plan and Profile Sheets)
Retaining Walls (if required)
Construction Details
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WORK PLAN
Utility Plans
Construction Area Signs
Construction Staging (if required)
Signing and Striping Plans
Signing and Striping Notes, Details and Quantities
Summary of Quantities
2. Estimate 60%, 90% and 100% earthwork volumes.
3. Prepare 60%, 90% and 100% Construction Cost Estimates.
4. Prepare 60%, 90% and 100% Specifications.
5. Prepare 60%, 90% and 100% Storm Water Control Plan (SWCP) including required calculations, narrative, and exhibits.
6. Prepare 90% and 100% Storm Water Operation and Maintenance Plan (O&M Plan) outlining the long term, post-construction activities associated with the proposed Stormwater Control Measures (SCMs).
Electrical Engineering and Lighting Design
Aurum Consulting Engineers will prepare the project’s electrical and lighting PS&E for the proposed trail and parking lots. Electrical and lighting PS&E will be prepared at the 60%, 90% and 100% stages.
We anticipate electrical service will be provided by PG&E. (Solar lights will be evaluated, but are not anticipated to be the most lifecycle-cost-effective alternative.) We anticipate the project will use decorative gooseneck lights along the trail and either standard or decorative gooseneck lights at the proposed parking lots. Street lighting will also be evaluated for the street crossings.
Task 4 Deliverables
Geotechnical Investigation Report and Geotechnical Review Letter 60%, 90% and 100% Civil and Electrical PS&E
Storm Water Control Plan
Storm Water Operation and Maintenance Plan
Task 5: Intersection Improvements at SR 218 (Optional Task) Whitson Engineers and Hexagon Transportation Consultants will prepare PS&E and supporting documents for proposed changes to the intersection geometry and traffic signals at the intersection of State Route 218 and Del Monte Boulevard to accommodate the multi-use trail crossing the north leg of the intersection.
Improvements would include a new bicycle signal and right-turn vehicle signals, curb bulb-outs and sidewalk widening for the multi-use trail connection along Del Monte 141
WORK PLAN
Boulevard, and associated vehicular lane modifications.
Hexagon Transportation Consultants will prepare the project’s traffic signal design and PS&E should this optional task be awarded. Whitson Engineers will prepare the roadway PS&E and will collaborate with Hexagon to prepare the required Caltrans permit documents, which are anticipated to be primarily a Design Engineering Evaluation Report (DEER) and an Encroachment Permit.
Task 5 Deliverables
60%, 90% and 100% Engineering PS&E
Design Engineering Evaluation Report (DEER)
Task 6: NEPA Support
Denise Duffy & Associates (DD&A), under subcontract to Whitson Engineers, will prepare the following environmental technical documentation to support Caltrans environmental review and final NEPA clearance for the project.
Biological Resources Report
DD&A will prepare a Biological Resources Report documenting existing biological resources within the project area, including common and special-status plant and wildlife species, and evaluating potential project impacts. The report will include an assessment of potential direct and indirect effects to Monterey spineflower and identify appropriate avoidance and minimization measures, such as environmentally sensitive area fencing, nesting bird surveys, construction avoidance measures, and other resource protection recommendations, as warranted
Area of Potential Effects (APE) Map
DD&A will retain Albion Environmental, Inc. to prepare the Area of Potential Effects (APE) Map in accordance with Caltrans Section 106 requirements and District 5 guidance.
Archaeological Survey Report (ASR)
DD&A will retain Albion Environmental, Inc. to prepare the Archaeological Survey Report (ASR) for the project. Extended archaeological investigations, Archaeological Evaluation Reports (AERs), Historic Resource Evaluation Reports (HRERs), Historic Resource Compliance Reports (HRCRs), historical architectural assessments, and Native American consultation support beyond the baseline ASR effort are excluded from this scope and may be completed through an amendment, if required.
Hazardous Waste Technical Memorandum
DD&A will retain Cornerstone Earth Group to prepare a Hazardous Waste Technical Memorandum consisting of a high-level hazardous materials screening sufficient to 142
WORK PLAN
satisfy Preliminary Environmental Study requirements. Additional hazardous materials investigations, site assessments, sampling, testing, or remediation planning are excluded from this scope and may be completed through an amendment, if required.
Environmental Commitment Record
DD&A will prepare an Environmental Commitments Record summarizing environmental commitments, avoidance and minimization measures, permit conditions, and mitigation requirements identified through technical studies and agency coordination.
The commitments record will be provided in a format suitable for incorporation into project environmental documentation and construction specifications.
Task 6 Deliverables
Biological Resources Report
Area of Potential Effects (APE) Map
Archaeological Survey Report (ASR)
Hazardous Waste Technical Memorandum
Environmental Commitment Record
Task 7: Community Outreach and Grant Support
Task 7.1: Community and Stakeholder Meetings and Outreach Our team will support the City in its community outreach and stakeholder meetings by preparing maps, presentation graphics, and written information, and by attending meetings and participating in presentations to the City Council, the community, and stakeholders.
While the entire consultant team will support the city’s community and stakeholder outreach effort, BFS will spearhead this task due to their ongoing history with the project, and expertise in supporting public outreach. Recognizing the significance of this project, and of continuing a robust outreach program, we propose the following:
Graphic Services
1. Prepare and update project overview exhibits.
2. Prepare up to three (3) corridor and vicinity maps.
3. Prepare up to six (6) illustrative site plans and enlarged project exhibits.
4. Prepare up to four (4) landscape character, planning, and material palette exhibits.
5. Prepare up to six (6) illustrative sections and design diagrams.
6. Prepare up to four (4) rendered perspectives or photo simulations, as 143
WORK PLAN
appropriate.
7. Prepare presentation boards and digital graphics for public meetings.
8. Prepare graphic exhibits supporting future grant applications, as requested.
9. Revise graphic materials in response to City, stakeholder, and agency comments.
Community Engagement Services
10. Attend one (1) project kickoff meeting.
11. Participate in up to six (6) stakeholder and community meetings/workshops.
12. Participate in up to four (4) City Council, Commission, or committee meetings, as requested.
13. Present landscape architectural concepts, graphics, and visual exhibits.
14. Respond to questions related to the landscape architecture and visual character of the Project.
15. Revise and update outreach materials in response to stakeholder and public input.
Task 7 Deliverables
Maps, presentation graphics, and narrative information as noted Meeting attendance at meetings
Meeting notes and action items
Task 7.2: Grant Support
Our team will provide technical support to the City in its search for future grant funding.
Such technical support may include preparation of specific quantity and cost estimates, and cost/benefit analyses.
Task 8: Right of Way and Utilities (Optional Task)
Task 8.1: Right of Way
We understand the city is currently coordinating with the City of Seaside and TAMC to acquire rights via temporary construction easements and use agreements (no acquisition of private land is anticipated).
Therefore, this Optional Task entails preparation of legal descriptions and plats as may be requested by the city to support this effort.
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WORK PLAN
Task 8.2: Utility Coordination
Provide Utility Coordination if needed to address utility conflicts. At this time we understand no utilities are anticipated to require relocation (no utilities are believed to exist within the TAMC right of way, except at the street crossings) and therefore no utility coordination is anticipated. Utility coordination, if required, could consist of preparation of Utility Verification Letter to Owner, Utility Conflict Plans, Utility Relocation Cost Estimates, Right of Way Data Sheet, Relocation Claim Letter to Owner, Report of Investigation, Utility Agreements, and Notice to Owner letters.
Task 9: Bid Phase Support
Our team will provide design support during the bidding phase of the project. Services may include:
1. Participate in a nonmandatory Pre-Bid Site Walk
2. Prepare Bid Addenda and responses to Bidder Inquiries
3. Revisions to the Plans and Specifications, if required
4. Review the bids received and prepare the Bid Summary 145
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Assumptions
1. Project will be subject to review and approval by TAMC (Use Agreement), Sand City and City of Seaside (Encroachment Permits). No retaining walls (over 4-feet tall) will be needed, therefore no Building Permit will be required from Sand City or Seaside.
2. Project will be subject to review and approval by Caltrans only in the event Optional Task 5 is awarded.
3. The project will not be subject to Coastal Commission review.
4. Design and permitting will be completed within approximately 12 months.
5. Project will be subject to the Regional Post-Construction Requirements (PCRs) as well as city-specific drainage requirements.
6. The project SWPPP will be deferred and will be prepared by the construction contractor.
7. Caltrans Standard Special Provisions (SSPs) will be used as the specifications template.
8. Relocation of public utilities is not anticipated.
9. Other assumptions, as listed in our subconsultant proposals.
Exclusions
The following work is specifically excluded from the Engineer’s Scope of Services:
1. Utility relocation design
2. Structural engineering (including retaining wall design)
3. Construction phase services
4. Other exclusions, as listed in our subconsultant proposals. 146
PROJECT SCHEDULE AND
DELIVERY CAPACITY
147
PROJECT SCHEDULE AND DELIVERY CAPACITY
Whitson Engineers and our subconsultant team have sufficient staffing to complete the project design and permitting within the 12 month schedule anticipated in the RFQ, assuming Optional Task 5 is not awarded. If Task 5 is awarded, we anticipate an additional 6 to 12 months may be needed for Caltrans permitting.
Task Duration Completion Date
Selection, Contract Negotiation
and Notice to Proceed 2 months August 2026
Kickoff, Document Review, and
Supplemental Surveying 2 months October 2026
60% Design 3 months January 2027
90% Design 3 months April 2027
100% Design 2 months June 2027
NEPA Clearance and R/W
Certification 2 months August 2027
Our primary staff members’ availability will be as follows:
Richard Weber – Principal Engineer – 5% availability
Andrew Hunter - Principal Engineer – 5% availability
Nathaniel Milam – Project Manager and Senior Design Engineer – 15% availability Chuck Pugh – Survey Manager - 5% availability
Mike Hink – Land Surveyor – 5% availability
Brent Edelman – Civil Engineer – 20% availability
Emily Imfeld - Civil Engineer - 10% availability
Daniel Garrett – Associate Engineer – 10% availability
Hudson Wood - Assistant Engineer – 20% availability
148
REFERENCES
149
References
Whitson Engineers is proud of its history of providing excellence in its professional services to a wide range of individual clients and public agencies. Almost without exception, new clients are the result of referrals from public agencies, other design professionals, and current clients. We invite you to contact the following references to learn more of our commitment to our clients and projects.
Thomas Korman, PE, LS
Public Works Director/City Engineer
[email protected]
(831) 899-6884
Andrew Easterling, PE, TE, PTOE
Deputy Public Works Director/ City Engineer
[email protected]
(831) 242-8752
Todd Muck
Executive Director
[email protected]
(831) 7775-4407
City of Seaside
Seaside, CA
City of Monterey
Monterey, CA
Transportation Agency for
Monterey County (TAMC)
Salinas, CA
150
ADDENDA
ACKNOWLEDGEMENTACKNOWLEDGEMENT
151
152
DISCLOSURE OF
LOBBYING ACTIVITIES
153
Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
LPP 13-01 May 8, 2013
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
☐ a. contract
☐ a. bid/offer/application ☐ a. initial
☐ b. grant ☐ b. initial award ☐ b. material change
☐ c. cooperative agreement ☐ c. post-award
☐ d. loan For Material Change Only:
☐ e. loan guarantee year ____ quarter _________
☐ f. loan insurance date of last report __________
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:
☐ Prime ☐ Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable ____________________
8. Federal Action Number, if known: 9. Award Amount, if known:
10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ _____________ ☐ actual ☐ planned ☐a. retainer
☐b. one-time fee
13. Form of Payment (check all that apply): ☐c. commission ☐ a. cash ☐d. contingent fee
☐ b. in-kind; specify: nature _____________ ☐e. deferred Value _____________ ☐f. other, specify _______________________
15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)
16. Continuation Sheet(s) attached: ☐ Yes ☐No
17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date:___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files
Not Applicable to Whitson Engineers
154
Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
LPP 13-01 May 8, 2013
INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352.
The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a covered federal action.
2. Identify the status of the covered federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action.
4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to:
subcontracts, subgrants, and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action.
11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).
12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.
13. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.
14. Check all boxes that apply. If other, specify nature.
15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.
16. Check whether or not a continuation sheet(s) is attached.
17. The certifying official shall sign and date the form, and print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SFLLL-Instructions Rev. 06-04 155
APPENDIX
156
Scope of Services
Project Name: Sand City Multi Use Trail Project
Date: June 30, 2026
Prime Consultant: Whitson Engineers
Project Understanding
BFS Landscape Architects appreciates the opportunity to continue our involvement with the Sand City Multiuse Trail Project as a subconsultant to Whitson Engineers. Having prepared the original 30% landscape architectural design, BFS brings a thorough understanding of the project's vision, corridor character, stakeholder input, and design objectives. This continuity allows the team to efficiently advance the landscape architecture through final Plans, Specifications, and Estimate (PS&E) while maintaining the design intent established during the initial planning effort.
The Sand City Multiuse Trail will complete a critical gap in the Monterey Bay Coastal Recreation Trail while enhancing regional connectivity, multimodal transportation, and the public realm through thoughtfully integrated landscape improvements, site amenities, planting, irrigation, and wayfinding. BFS recognizes that successful project delivery will require close coordination with the engineering and environmental teams, as well as preparation of clear, compelling graphics to support stakeholder engagement, environmental documentation, and future grant funding opportunities. Our familiarity with the existing design enables BFS to efficiently refine the landscape improvements while providing the technical and visual support necessary to advance the project through final design.
1.0 Landscape Architecture Design
Task 1.1: Landscape Architecture Design
BFS Landscape Architects shall prepare the landscape architectural design for the Project, advancing the existing conceptual design through final Plans, Specifications, and Estimate (PS&E). Services shall include preparation of planting, irrigation, site furnishings, hardscape materials, landscape restoration, and landscape construction details coordinated with the engineering design and other project disciplines. Coordination associated with environmental documentation, agency consultation, and incorporation of environmental commitments into the landscape design is included under Task 1.2.
Landscape construc;on documents shall be prepared through the 60%, 90%, and Final PS&E milestones, incorporating review comments from the City, stakeholder agencies, regulatory agencies, and the consultant team.
Landscape Construction Plan Set
• Landscape Cover Sheet
• Landscape General Notes
• Landscape Construction Plan
• Landscape Layout Plan
• Site Furnishing &Trail Amenities Plan
• Landscape Construction Details
• Irrigation Plan
• Planting Plan
• Restoration Planting Plan
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BFS LANDSCAPE ARCHITECTS June 30, 2026 | Page 2 of 6
• Irrigation and Planting Details
• Opinion of Probable Landscape Construction Cost
• Technical Specifications
60% Design Development
• Refine the conceptual landscape design into a coordinated preliminary construction document package. • Develop the preliminary landscape construction plan set, quantities, and opinion of probable construction cost. • Participate in design review meetings and incorporate review comments. 90% PS&E
• Advance the landscape construction documents to near-final design. • Complete construction details, technical specifications, quantities, and updated opinion of probable construction cost.
• Incorporate interdisciplinary coordination and agency review comments 100% Final PS&E
• Finalize bid-ready landscape construction documents.
• Finalize technical specifications, quantities, and opinion of probable construction cost. • Address final review comments and support preparation of the complete PS&E package.
Deliverables
The Landscape Construc;on Plan Set shall be developed and submiAed at the 60%, 90%, and Final PS&E milestones, with each submittal incorporating the appropriate level of design refinement, technical specifications, quantities, cost estimates, and review comments.
Task 1.2: Environmental Design Coordination
BFS Landscape Architects shall provide environmental design coordination to support preparation of the Project's environmental documentation and integration of environmental requirements into the landscape design. As technical studies and agency recommendations are developed, BFS shall coordinate with Whitson Engineers, the environmental consultants, and regulatory agencies to evaluate potential impacts to the landscape improvements and revise the landscape construction documents, as necessary.
Coordination Activities
• Participate in environmental coordination meetings.
• Review biological, cultural, and environmental technical recommendations affecting the landscape design. • Coordinate with the environmental consultant team during preparation of the NEPA documentation. • Incorporate environmental commitments and permit requirements into the landscape construction documents. • Revise landscape plans and specifications in response to environmental review and agency comments.
Deliverables
• Participation in environmental coordination meetings. • Review of environmental technical studies and agency recommendations. • Landscape revisions supporting environmental documentation and permit requirements. • Responses to environmental and agency review comments. • Participate in project coordination meetings in support of the environmental review process.
2.0. Public Outreach & Graphic Communications
Task 2.1 Public Outreach Graphics & Visual Communication 158
BFS LANDSCAPE ARCHITECTS June 30, 2026 | Page 3 of 6
BFS Landscape Architects shall support Whitson Engineers and the City of Sand City by preparing graphic materials and visual exhibits to communicate the Project's design intent throughout environmental review, final design, public outreach, and future grant applica;on efforts. Graphics shall build upon the previously completed 30% landscape design and be refined to support stakeholder coordination, City presentations, and funding opportunities.
Graphic Services
• Prepare and update project overview exhibits.
• Prepare up to three (3) corridor and vicinity maps.
• Prepare up to six (6) illustra;ve site plans and enlarged project exhibits. • Prepare up to four (4) landscape character, plan;ng, and material paleAe exhibits. • Prepare up to six (6) illustra;ve sec;ons and design diagrams. • Prepare up to four (4) rendered perspec;ves or photo simula;ons, as appropriate. • Prepare presentation boards and digital graphics for public meetings. • Prepare graphic exhibits supporting future grant applications, as requested. • Revise graphic materials in response to City, stakeholder, and agency comments.
Deliverables
• Project overview exhibits
• Corridor and vicinity maps
• Illustrative site plans
• Landscape character exhibits
• Material and planting palette boards
• Illustrative sections and design diagrams
• Perspective renderings and photo simulations (as required) • Presentation boards
• Digital presentation graphics
• Grant application graphics and visual exhibits (as requested) Task 2.2 Community & Stakeholder Meeting Support
BFS shall support Whitson Engineers during stakeholder coordination and City-led community outreach activities by attending meetings and presenting landscape architectural and design-related information, as requested.
Community Engagement Services
• AAend one (1) project kickoff mee;ng.
• Par;cipate in up to six (6) stakeholder and community mee;ngs/workshops. • Par;cipate in up to four (4) City Council, Commission, or commiAee mee;ngs, as requested. • Present landscape architectural concepts, graphics, and visual exhibits. • Respond to questions related to the landscape architecture and visual character of the Project. • Revise and update outreach materials in response to stakeholder and public input.
Deliverables
• Meeting attendance and presentation support.
• Updated presentation materials.
• Revised graphic exhibits incorporating stakeholder and public input. • Meeting presentation graphics.
3.0 Bidding Support
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Task 3.1 Bidding Support
BFS Landscape Architects shall provide landscape architectural support during the bidding phase of the Project. Services shall include assisting Whitson Engineers with responses to bidder questions, preparation of clarifications related to the landscape architectural improvements, and revisions to the landscape construction documents, as necessary, to support the bidding process.
Bidding Support Services
• Review bidder Requests for Information (RFIs) related to the landscape architectural improvements. • Assist Whitson Engineers with preparation of landscape-related bid clarifications. • Revise landscape plans, details, specifications, and opinion of probable construction cost, as required. • Support preparation of landscape-related bid addenda. • Provide technical consultation to Whitson Engineers throughout the bidding period.
Deliverables
• Landscape-related responses to bidder questions and RFIs. • Landscape-related bid clarifications and addenda.
• Revised landscape construction documents, as required. • Revised opinion of probable landscape construction cost, if required.
4.0. Assumptions & Exclusions
• This scope and fee are based on the services described herein and assume a continuous project schedule without significant delays.
• BFS shall provide landscape architectural services as a subconsultant to Whitson Engineers and shall coordinate directly with the Prime Consultant unless otherwise directed. • BFS shall build upon the exis;ng 30% landscape architectural design previously prepared for the Project. • BFS assumes the exis;ng 30% landscape architectural design, survey informa;on, and suppor;ng technical documents provided by others are suitable for advancement through final design. • Landscape architectural services are limited to the preparation of landscape construction documents and associated coordination described in this scope.
• Environmental coordination is limited to review of technical studies, participation in coordination meetings, and incorporation of environmental commitments into the landscape design. Preparation of environmental technical studies, permit applications, and environmental documentation shall be provided by others. • Civil engineering, surveying, traffic engineering, structural engineering, utility engineering, geotechnical engineering, environmental studies, permitting, utility coordination, and right-of-way services shall be provided by others.
• Public outreach services assume participation in the meetings identified within this scope. Additional meetings or significant revisions resulting from expanded public outreach shall be considered additional services. • Graphic services are based on refinement of the existing project exhibits and preparation of the graphics identified in this scope. Additional renderings, animations, videos, or visualization services beyond those identified herein are excluded unless specifically requested.
• Grant application support is limited to preparation of graphic exhibits and visual materials. Preparation of grant narratives, technical analyses, application forms, and supporting funding documentation shall be provided by others.
• Bidding support is limited to the services iden;fied in Task 3. Construc;on administra;on, construc;on observation, shop drawing review, submittal review, record drawings, and construction phase services are excluded.
• This scope assumes one (1) coordinated review cycle at each design milestone (60%, 90%, and Final PS&E).
Additional review cycles or redesign resulting from changes in project direction shall be considered additional services.
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• Services associated with redesign resulting from changes in project scope, unforeseen site conditions, regulatory changes, or agency requirements beyond those reasonably anticipated are excluded and may be provided as additional services.
• Printing, reproduction, mounting, and delivery of presentation materials beyond standard electronic deliverables are excluded unless specifically requested.
• This scope assumes the number of meetings, graphic exhibits, and design iterations identified herein. Additional meetings, presentation materials, graphic exhibits, or design alternatives beyond those identified in this scope shall be considered additional services.
END OF SCOPE
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