Seaside City Council
April 21, 2022

Anaheim Office
Report 19-213-0030
4741 East Hunter Ave., Ste. A    Anaheim CA  92807
(714) 282‐8777       (714) 282‐8575 fax
www.waypointanalytical.com
first on younger leaves. If these symptoms are present after plant installation they may be treated with an application of a chelated micronutrient product at the manufacturer’s recommended rate.

Incorporation of a composted greenwaste amendment should also provide additional micronutrients and may be sufficient to negate any deficiency, product depending.

To Prepare for Mass Planting:

Drainage of the root zone should be improved by first loosening the top 10 inches of any undisturbed or compacted soil. The following materials should then be evenly spread and thoroughly blended with the top 6 inches of soil to form a homogenous layer:

Amount per 1000 Square Feet
5 cubic yards Nitrogen Stabilized Organic Amendment* All Sample Areas 6 pounds Sulfur-coated Urea (43-0-0) Sample 1 and 2 Areas 2 pounds Triple Superphosphate (0-45-0) Sample 2 Area Only 4 pounds Potassium Sulfate (0-0-50)* Sample 1 and 2 Areas * The rate may change based on the analysis of the chosen organic amendment. This rate is based on 270 lbs. of dry weight of organic matter per cubic yard of amendment. If a composted greenwaste amendment is selected that contains a significant amount of phosphorus or potassium, the triple superphosphate or potassium sulfate should be decreased or omitted accordingly.

For turf areas the organic amendment should be decreased by half.

To Prepare Backfill For Trees and Shrubs:
• Excavate planting pits at least twice as wide as the diameter of the rootball. • Soil immediately below the root ball should be left undisturbed to provide support but the sides and the bottom around the side should be cultivated to improve porosity. • The top of the rootball should be at or slightly above final grade. • The top 12 inches of backfill around the sides of the rootball of trees and shrubs may consist of the above amended soil or may be prepared as follows:
3 parts Site Soil All Sample Areas
1 part Nitrogen Stabilized Organic Amendment*
Uniformly blended with:

Amount per Cubic Yard of Backfill
1/3 pound Sulfur-coated Urea (43-0-0) Sample 1 and 2 Areas 1/8 pound Triple Superphosphate (0-45-0) Sample 2 Area Only 1/4 pound Potassium Sulfate (0-0-50)* Sample 1 and 2 Areas • Backfill below 12 inches required for 24 inch box or larger material should not contain the organic amendment or sulfur-coated urea but should still contain the triple superphosphate and potassium sulfate at the recommended rates.
• Ideally a weed and turf free zone should be maintained just beyond the diameter of the planting hole. A 2-4 inch deep layer of coarse mulch can be placed around the tree or shrub. Mulch should be kept a minimum 4 inches from the trunk.
• Irrigation of new plantings should take into consideration the differing texture of the rootball substrate and surrounding soil matrix to maintain adequate moisture during this critical period of establishment.

Anaheim Office
Report 19-213-0030
4741 East Hunter Ave., Ste. A    Anaheim CA  92807
(714) 282‐8777       (714) 282‐8575 fax
www.waypointanalytical.com
Maintenance
For turf areas, new sod should receive a light fertilization 2 weeks after planting with 16-6-8 applied at a rate of 4 pounds per 1000 square feet. For turf from seed this application should be after the first mowing. The area may then be maintained with primarily a nitrogen program of applying 6 pounds of sulfur-coated urea (43-0-0) per 1000 square feet. Treatment should be at 60-90 day intervals until the turf becomes well established. Once the turf is well established, the frequency of fertilization should be decreased depending on color and rate of growth desired. In the spring and fall substitute a complete fertilizer such as 15-15-15 to help insure continuing adequate phosphorus and potassium.

Maintenance fertilization for other areas should rely primarily on a nitrogen only program supplemented with a complete fertilizer in the fall and spring. Beginning 60-90 days after planting in the sample 1 and 2 areas and as plant color and growth dictates in the sample 3 area, slow release Sulfur-coated Urea (43-0- 0) may be applied at 6 pounds per 1000 square feet every 60-90 days. Once plants are performing satisfactorily, the frequency of fertilization may be decreased depending on color and rate of growth desired. In the winter for a quick greening effect, calcium nitrate (15.5-0-0) may be applied at a 6 pound rate if applicable. Early fall and spring, substitute a complete fertilizer such as 15-15-15 to help insure continuing adequate phosphorus and potassium.

Alternatively, Blood Meal (12-0-0) provides available nitrogen fairly rapidly while materials such as Feather Meal (12-0-0), Soybean or Cotton Seed Meal (7-1-1) are slower to provide available nitrogen, but they extend the length of time they make this contribution. In order to provide a good supply of nitrogen for a 3-4 month time frame a good combination would be 6 pounds Blood Meal and 14 pounds Feather Meal per 1000 square feet. In the fall and spring, substitute a complete organic fertilizer such as 5-5-5 applied at the manufacturer’s label rate. Or, nutrient rich composted greenwaste may be spread in a 1 to 2 inch layer, which generally carries enough nutrition to boost complete nutrition though a source of nitrogen might also be added at a half rate to assure adequate nitrogen availability.

If we can be of any further assistance, please feel free to contact us.

Annmarie Lucchesi
[email protected]
Emailed 4 Pages: [email protected]

BFS Landscape Architects
425 Pacific Street, Suite 201
Monterey
Page :

Report No :

Date Recd :

Purchase Order :

Date Printed :
19-213-0030
07/30/2019
08/12/2019
1 of 1
ST 1-3 Project :

Job #19.041
Del Monte Manor, Seaside

COMPREHENSIVE SOIL ANALYSIS
CA 93940
Lab No. Organic
% dry wt.

ECe
dS/m
pH
Qual
Lime TEC
Half Sat
%
Sufficiency Factors
Sample Description - Sample ID
NO -N 3 NH4-N PO -P4 K Ca Mg Cu Zn Mn Fe
ppm ppm ppm ppm ppm ppm ppm ppm ppm ppm

2.8 06708
16 42 Medium

6.5 0.4
2 16

0.6 1.0
20 40

0.4 0.9
676 89

0.9 1.6

0.9 9.1

4.3 0.4
2 25

1.2 ST #1

2.1 06709
17 24 None

6.3 0.4
11 7

0.5 0.5
11 50

0.7 0.9
380 58

0.9 2.6

0.8 14.7

12.3 0.4
1 15

1.3 ST #2

1.6 06710
15 23 None

6.5 0.8
29 21

1.7 1.0
18 54

0.8 1.0
413 35

0.6 3.9

1.2 14.7

12.5 0.4
1 11

1.0 ST #3
Saturation Extract Values
Ca
meq/L
Mg
meq/L
Na
meq/L meq/L
K B
ppm meq/L
SO4 SAR
Coarse
5 - 12
Fine
2 - 5
Gravel %
Very Coarse
1 - 2
Coarse

0.5 - 1
Med. to Very Fine

0.05 - 0.5
Sand
Percent of Sample Passing 2 mm Screen
Silt
.002-.05
Clay
0-.002
USDA Soil Classification Lab No.

3.0 1.3 2.0 0 0.18 1.3 1.4 0.9 1.3 0.8 4.6 89.7 1.2 3.6 Sand 06708

2.8 1.4 0.5 0.1 0.12 0.6 0.4 0.8 1.6 2.2 10.8 82.1 1.2 3.6 Sand 06709

7.2 1.5 0.6 0.2 0.15 0.9 0.3 2.5 7.3 1.2 4.6 89.3 1.2 3.6 Sand 06710 Sufficiency factor (1.0=sufficient for average crop) below each nutrient value. N factor based on 200 ppm constant feed. SAR = Sodium adsorption ratio. Half Saturation %=approx field moisture capacity. Nitrogen(N), Potassium(K), Calcium(Ca) and Magnesium(Mg) by sodium chloride extraction. Phosphorus(P) by sodium bicarbonate extraction. Copper(Cu), Zinc(Zn), Manganese(Mn) & Iron(Fe) by DTPA extraction. Sat. ext. method for salinity (ECe as dS/m),Boron (B), Sulfate(SO
* LOW , SUFFICIENT , HIGH
4 ), Sodium(Na). Gravel fraction expressed as percent by weight of oven-dried sample passing a 12mm(1/2 inch) sieve. Particle sizes in millimeters. Organic percentage determined by Walkley-Black or Loss on Ignition.

Aprroval Date Aprroval Date
Projected Surplus $ 4,093,106.00 3/15/2022 Projected Unassigned Fund Balance $ 12,266,836.00 3/15/2022 Less: Less:

MCWD Application (40,000.00) 8/19/2021 Highland Otis Park (62,669.00) 8/19/2021 Forklift (35,027.00) 9/2/2021 Ellis Park (390,818.00) 10/7/2021 Disaster Kleenup (50,000.00) 10/7/2021 Parking Lot (1,240,000.00) 10/7/2021 Parking Enforcement Vehicle (80,525.67) 11/4/2021 Laguna Grande Improvements (55,100.00) 11/18/2021 Façade Improvements (150,000.00) 9/13/2021 Fire Station #1 improvements (paint, doors, etc) (329,761.30) 12/16/2021 Increase CSS grant (105,459.00) 12/2/2021 Del Monte Manor L.I.D. Improvement Project (290,000.00) pending Increase City Attorney - personnel budget (16,721.75) 12/2/2021 Hdl - cannabis audit and consulting (75,000.00) 12/2/2021 CA Consulting - Grant Writing Support (60,000.00) 2/3/2022 Mid Year Adjustments (2,229,997.00) 3/15/2022
CM Garcia-Arrazola additional travel request (550.00) pending Less:

Operating surplus/ (deficit) 1,249,825.58
Running total surplus/ (deficit): $ 1,249,825.58 Running total, Unassigned Fund Balance: 11,148,313.28 Notes: Operating deficits are paid from unassigned fund balance.

Use of unassigned fund balance will also impact the 5 year forecast presented at the time of budget adoption.

Operating Budget Capital Budget/Unassigned Fund Balance City of Seaside
FY 22 Running Budget totals - budget amendments
As of 04/21/2022
Packet Page 455

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.Q.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: April 21, 2022
SUBJECT: ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE

PROFESSIONAL SERVICE AGREEMENT WITH WHITSON

ENGINEERS FOR PERFORMANCE MONITORING PLAN

IMPLEMENTATION SERVICES FOR THE DEL MONTE MANOR
L.I.D. IMPROVEMENT PROJECT FOR AN AMOUNT NOT TO
EXCEED $30,000.00

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute an amendment to the professional services agreement with Whitson Engineers to provide project performance monitoring plan implementation services for the Del Monte Manor L.I.D. improvement Project for an amount not to exceed $30,000.00.

BACKGROUND
The Del Monte L.I.D. Improvement Project (Project) includes the demolition and construction of concrete curb and gutter, concrete sidewalk, storm drain pipes and structures, excavation and fill, soil amendment, planting and irrigation, and installation of storm drain monitoring instruments in the City drainage easement at the southwest corner of the Del Monte Manor property.

On May 20, 2021, the Council approved that the City enter into a professional services agreement with Whitson Engineers (Whitson) for project design, bidding, and design support during construction support services for the Project in the amount of $66,000.00. Whitson developed the plans and technical specifications, compiled the bid documents, assisted in conducting a mandatory pre-bid site conference with potential bidders, and assisted in preparing bid addendums.

The Project was released for construction bids on February 10, 2022, and bids were Packet Page 456

Item No. 8.Q. Page 2 of 3
opened on March 21, 2022. At this April 21, 2022 City Council meeting, the Council will consider awarding a construction contract to Monterey Peninsula Engineers, and approving a budget amendment for a revised project budget of $854,464.00. The Project is scheduled to take 70 working days to complete and is expected to start in late May.

The project was awarded a grant for the design and construction cost of the project in the amount of $579,464. To comply with the grant requirements, the City is required to implement 3-year post construction storm water monitoring of the project to gage its performance. Beginning the October 1st following completion of construction, and for the following 3-years, the amount of runoff entering the pond, discharged from the pond, and infiltrated by the pond will be determined by field measurements and calculations. The project will be considered to have met the project's numeric objectives if it infiltrates at least 95% of the runoff that enters the pond from Watersheds A, C, D, and E (attachment 3) averaged over the course of the 3 year monitoring period.

Whitson as part of their services will provide: field review with the contractor the completed monitoring system; obtain equipment manuals from the contractor, and training on equipment use and operation from the equipment suppliers; assist the City in preparing the "Year 0" Project Peformance Monitoring Plan (PPMP) report to document the elements completed with construction; implement the 3-year project performance monitoring plan after completion of the project; retrieve data roman operate and maintain the project's city-owned flow monitoring equipment; and train City staff on the use of the equipment during the final year if the PPMP monitoring.

Staff recommends adopting a resolution (attachment 1) authorizing the City Manager to execute an amendment (attachment 2) to the professional service agreement with Whitson Engineers for an amount not to exceed $30,000.00 for PPMP implementation services for the Del Monte Manor LID Improvement Project.

ENVIRONMENTAL COMPLIANCE
Pursuant to preliminary review of the activities associated with this Council action in accordance with Section 15061 of the California Environmental Quality Act (CEQA) Guidelines, this project is Categorically Exempt (Class 1, Existing Facilities). The project repairs and performs minor upgrades to the storm drainage system and involves negligible or no expansion of use.

FISCAL IMPACT
At the May 20, 2021 meeting, the City Council approved a professional services agreement with Whitson Engineers in the amount of $66,000.00. At this April 21, 2022 Council Meeting, the Council will consider approving a project budget amendment revising the total project budget for the Del Monte Manor L.I.D. Project to $854,464.00.

Packet Page 457

Item No. 8.Q. Page 3 of 3
The amendment to the professional services agreement with Whitson to perform project performance monitoring plan implementation services is for a not to exceed amount of $30,000.00. A 10% contingency adds $3,000.00 on an as needed basis by authorization of the City Manager for a total of $33,000.00 of PPMP services. The $30,000.00 amendment to the Whitson professional services agreement amends their agreement to a total amount of $96,000.00. This cost of services with contingency was accounted for in the revised Project budget.

ATTACHMENTS

1. Resolution

2. Amendment 1 including Exhibits

3. Watershed Map
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
Packet Page 458
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT WITH WHITSON ENGINEERS TO PROVIDE PROJECT

PERFORMANCE MONITORING PLAN IMPLEMENTATION SERVICES FOR THE DEL MONTE MANOR L.I.D. IMPROVEMENT PROJECT FOR AN AMOUNT NOT TO EXCEED $30,000.00
WHEREAS, the Del Monte Manor L.I.D. Improvement Project (Project) is adopted in the fiscal year 2021/2022 Capital Improvement Program (CIP) annual budget; and WHEREAS, on April 21, 2022, there is an item for City Council to approve amending the 2021/2022 adopted Project budget (271-8910-9961) to $854,464.00 to fully fund all the services necessary to complete construction of the Project; and WHEREAS, Whitson Engineers (Whitson) is on the City approved list of design consultants to perform professional and technical services for implementation of the CIP; and
WHEREAS, on May 20, 2021, the City approved a Professional Services Agreement with Whitson in the amount of $66,000.00 to perform design, bidding, and design support during construction support services for the Del Monte Manor L.I.D.

Improvement Project; and
WHEREAS, the project bidding documents were released for construction bids on February, 10 2022 and bids were opened on March 21, 2022; and WHEREAS, Monterey Peninsula Engineering was determined to be the lowest responsive and responsible bidder; and
WHEREAS, the project requires 3-year post construction storm water monitoring of the project; and
WHEREAS, Whitson submitted a proposal to provide project performance monitoring plan services in the amount of $30,000.00; and WHEREAS, Staff has determined the proposed scope of work and budget are reasonable and within the approved budget; and
Packet Page 459
WHEREAS, an amount of $3,000.00 contingency, 10% the contract value, should be authorized on an as required basis; and
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute an Amendment to the Professional Services Agreement with Whitson Engineers to provide project performance monitoring plan implementation services for the Del Monte Manor L.I.D Improvement for an amount not to exceed $30,000.00 and any written amendments and extension such that the total Agreement does not exceed $33,000.00.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 21st day of April, 2022 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
Packet Page 460
CONTRACT AMENDMENT #1

PROFESSIONAL SERVICES
City of Seaside

Date: April 8, 2022 Change Requested by: _X_ City/District _ _ Consultant Contract Date Project Name
___06/17/2021__ ___Del Monte Manor LID Improvements Project To (Consultant): Whitson Engineers
You are directed to make the following changes to the Contract Documents or amend the following described work not included in the contract documents for this project.

The purpose of this addendum is to provide additional professional services related to the project named above. The contract terms and conditions shall not be modified except for as stated herein.

MODIFY the following text in Section 1, “Term.”
This agreement shall commence on the effective date above and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2026 unless sooner terminated pursuant to the provisions of this agreement.

MODIFY the following text in Section 2, “Services.”
Consultant shall perform the tasks described and set forth in Exhibit A and Exhibit A1 attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A and A1.

MODIFY the following text in Section 22, “Contents of Request for Proposal and Proposal.” Consultant is bound by the contents of City's Request for Proposal, Exhibit "C" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit A and A1 attached hereto.

Original Contract
Amount
Previous CCO Total (Not
including this
Amendment)
This
Amendment
Total
Revised Contract
Amount
$66,000 $0.00 $30,000 $96,000
Original Contract
Time
Original Completion Date
Days To Date
(Including This
Amendment)
Revised Completion
Date
12 Months June, 30, 2022 48 June, 30, 2026
Packet Page 461
Packet Page 462
/nm | 3910.02 add svc - ppmp.doc
April 5, 2022 Project No.: 3910.02
Nisha A. Patel, P.E.

Public Works Director/ City Engineer
City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
Re: Del Monte Manor LID Project
Project Performance Monitoring Plan Implementation
This Additional Services Proposal addresses the implementation phase of the Project Performance Monitoring Plan (PPMP).

1. Field review the completed monitoring system with the Construction Contractor.

2. Obtain the equipment manuals from the Construction Contractor and obtain training on equipment use and operation from the equipment suppliers.

3. Assist the City in preparing the “Year 0” PPMP report to document the elements completed with construction:
a. Construction of bioretention pond
b. Installation of two interpretive signs
c. Removal of trash and debris from construction site at end of construction

4. After completion of construction, implement the 3-year Project Performance Monitoring Plan:
a. Perform one pre-rainy season field observation and coordinate any needed maintenance with the city. Perform a second field observation if maintenance activities warrant a follow-up visit. Prepare observation report(s).
b. Perform at least one during-rainy season field observation, if possible, during peak rainfall. Prepare observation report(s).
c. Perform one post-rainy season field observation and coordinate any needed maintenance with the city. Perform a second field observation if maintenance activities warrant a follow-up visit. Prepare observation report(s).
d. Prepare a monitoring report every year prior to October 1, for a period of 3 years. The report will provide:
i. Observations and photos from field visits
ii. Precipitation – peak (in/hr) and total (inches)
iii. Runoff entering the pond – peak (cfs) and total (ac-ft) iv. Pond discharge to storm drain – peak (cfs) and total (ac-ft and as percent of watershed runoff)
v. Analysis and discussion of any points of interest

5. Retrieve data from and operate and maintain the project’s city-owned flow monitoring equipment: one tipping bucket rain gauge and three flow meters.

Exhibit A1
Packet Page 463
April 5, 2022 | Job No. 3910.02
Del Monte Manor LID Project | Project Performance Monitoring Plan Implementation t:\monterey projects\3910 - del monte manor lid design\docs\_contract\3910.02 final design\3910.02 add svc - ppmp.doc Page | 2

6. During the final year of the PPMP monitoring, if desired, we will train city staff on the use of the equipment.

Clarifications and Assumptions:

1. All our work products will be provided to the City’s Project Manager in PDF format. We assume hard copy prints will not be required.

2. We assume no equipment will need to be purchased, replaced or significantly modified, other than data cables, batteries, or other minor items as may be needed for day-to-day operation.

3. The city will provide temporary traffic control when we need access to the equipment located in the storm drain manhole. Our cost estimate does not include setting up temporary traffic control or preparing temporary traffic control plans.

4. At the end of the 3-year monitoring period, the equipment will be removed by the city. The equipment can then be used for other projects (e.g., sewer studies or flow monitoring in other storm drain systems).

PAYMENT AND PROVISIONS:

We propose to do the above work on a Time and Materials basis in accordance with our current Contract. We request an additional contract fee of $30,000, for a revised total contract amount of $96,000.

If this proposal is acceptable, please forward a contract amendment for execution. If you have any questions or need more information, please contact me at (831) 649- 5225.

Sincerely,
Nathaniel Milam, PE, QSD
Senior Civil Engineer
for
Richard Weber, PE, PLS, QSD
Principal
RCE 55219
LS 8002
Packet Page 464
Del Monte Manor LID Project
Time and Materials Estimate
4/5/22 NDM T41
PE SCE CE AE AE2
Rate: $ 240 $ 195 $ 175 $ 150 $ 130 Hours Cost
1 Field review with Contractor 2 2 4 $ 690
2 Obtain and review equipment manuals 2 2 4 8 $ 1,470
3 Year 0 PPMP Monitoring Report 4 2 6 $ 1,080
4a Pre-rainy season field visits (3 years) 3 6 9 $ 1,485 4b During-rainy season field visits (3 years) 4 12 16 $ 2,580 4c Post-rainy season field visits (3 years) 3 6 9 $ 1,485 4d Prepare PPMP Monitoring Report (3 total) 6 24 30 $ 4,770 5 Data retreival and equipment O&M
(3 years x 5 rainy months x 2 hr/month) 12 36 48 $ 7,740 6 Train city staff on equipment use 2 4 6 $ 990
-- Management, coordination, QA/QC 6 12 12 30 $ 5,580
Subtotal: 8 50 0 108 0 166 $ 27,870
Reimbursable Expenses: mileage, batteries, and miscellaneous supplies (3 years): $ 2,000 Total Estimate: $ 29,870
Totals
Project Performance Monitoring Plan Implementation
4/6/2022 Page 1 3910.02 Add Svc - PPMP Est.xls
Packet Page 465

CITY OF SEASIDE

DESIGN PROFESSIONAL SERVICE AGREEMENT

FOR CONSTRUCTION PROJECTS

DEL MONTE MANOR LID PROJECT
THIS AGREEMENT, is made and effectiv4jU^l1^ 26^1 . between the City of Seaside, a municipal corporation ("Agency") and Whitson Engineers, a corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on (JW^_LL_2021 and shall remain and continue in effect until tasks described herein are completed, but in no event ter. than June 30' 2022' unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

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

4. AGENCY MANAGEMENT
Agency's City Engineer shall represent Agency in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Consultant. Agency's City Manager shall be authorized to act on Agency's behalf and to'execute all necessary documents which enlarge the Tasks to Be Performed or change Consultant's compensation, subject to Section 5 hereof.

Rev. 1/18

DEL MONTE MANOR LID PROJECT

Packet Page 466

5. PAYMENT
(a) The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and'the schedule of payment as set .forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed "Sixty-Six Thousand dollars ($66.000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. (b) Consultant shall not be compensated for any sen/ices rendered m connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency City Manager. Consultant^ shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency City Manager and Consultant at the time Agency's written authorization is" given to Consultant for the performance of said services. (c) Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month.

Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the Agency disputes any of Consultant's fees it shall^give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The Agency may at any time, for any reason, with or without cause, suspend oi- terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section^, the Agency shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the Agency.

Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 3.

Rev. 1/18

DEL MONTE MANOR LID PROJECT

Packet Page 467

7. DEFAULT OF CONSULTANT
(a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond'the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default.
(b) If the Agenq/ Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance.

In the event that the Consultant fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records; shall give Agency the right to examine and audit said books and records; shall permit Agency to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement.

Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Agency and may be used, reused, or otherwise disposed of by Rev. 1/18

DEL MONTE MANOR LID PROJECT
Page3 COS Design PSA
Packet Page 468
the Agency without the permission of the Consultant. With respect to comput er files, Consultant shall make available to the Agency, at the Consultant's office and'upon reasonable written request by the Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

9. INDEMNITY AND DEFENSE
(a) Indemnification and Defense for Professional Services To the fullest extent permitted by law. Consultant shall indemnify, defend and hold harmless Agency and any and all of its officials, employees and agents C'lndemnified Parties") from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney's fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

Consultant's duty to defend shall consist of reimbursement of defense costs incurred by Agency in direct proportion to the Consultant's proportionate percentage of fault. Consultant's percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant's percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant's proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the Agency.
(b) For All Other Liabilities
Notwithstanding the foregoing and witnout diminishing any rights of Agency under "Section 9.A, for any liability, claim, demand, allegation against Agency arising out of, related to, or pertaining to any art or omission of Consultant, but which is not a design professional service, Consultant shall defend, indemnify, and hold harmless Agency, its officials, employees, and agents C'lndemnified Parties") from and against^any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the Agency, except for the sole or active negligence of, or willful misconduct of the Agency.

Rev. 1/18

DEL MONTE MANOR LID PROJECT

Packet Page 469

10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this Agreement.

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

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

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the Agency in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement.

No officer or employee of the Agency will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, Rev. 1/18

DEL MONTE MANOR LID PROJECT
Page5 COS Design PSA
Packet Page 470
in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of Agency, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.

15. RELEASEOF INFORMATION/CONFLICTS OF INTEBEST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without Agency's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the Agency Manager or unless requested by the Agency Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the Agency.

Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Agency notice of such court order or subpoena. (b) Consultant shall promptly notify Agency should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories^ request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the Agency. Agency retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with Agency and to provide the opportunity to review any response to discovery requests provided by Consultant. However, Agency's right to review any such response does not imply or mean the right by Agency to control, direct, or rewrite said response.

16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Rev. 1/18

DEL MONTE MANOR LID PROJECT

Packet Page 471
Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To Agency: City of Seaside
440 Harcourt Ave
Seaside. CA 93955
To Consultant:

Attention: City Clerk
Whitson Engineers
6 Harris Court
Monterev. CA 93940
Attention: Richard Weber, Principal

17. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Agency. Because of the personal nature of the services to be rendered pursuant to this Agreement, Nathaniel Milam shall be the Project Manager and Engineer of Record for the services described in this Agreement.

Nathaniel Milam may use assistants, under its direct supervision, to perform some of the services under this Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of Nathaniel Milam from Consultant's employ. Should he/she leave Consultant's employ, the Agency shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the Consultant.

18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

19. GOVERNING LAW
The Agency and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any Rev. 1/18

DEL MONTE MANOR LID PROJECT

Packet Page 472
litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Agency.

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

21. WORK SCHEDULED/TIME OF COMPLETION
Agency and Consultant agree that time is of the essence in this Agreement.

Consultant shall perform as described in Exhibit A.

22. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of Agency's Request for Proposal, Exhibit "C" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit "A" hereto. In the event of conflict, the requirements of Agency's Request for Proposals and this Agreement shall take precedence over those contained in the Consultant's proposals.

23. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
(Signatures on next page)
Rev. 1/18

DEL MONTE MANOR LID PROJECT
Page8 COS Design PSA
Packet Page 473

CONSULTANT
Whitson Engineers
A California Corporation
By:

Richard Weber, Principal
Date: M^/.ZAZ/
v
City of Seaside
A Municipal Corporation
By:

Craig MStin^d^y Manager
Date: y-^/i/
Attachments: Exhibit A Consultant Proposal
Exhibit B Insurance Requirements
Exhibit C Request for Proposal
Rev. 1/18

DEL MONTE MANOR LID PROJECT

Packet Page 474
Exhibit A
Whitson

ENGINEERS
April 28, 2021
Civil Engineering + Land Surveying
6 Harris Court. Monterey. CA 63940 I 831 649 5225
whitsonengineers. com
Project No. : 3910.02
Scott Ottmar, P.E.

Senior Civil Engineer
City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
Re: Del Monte Manor LID Project - Final Design Proposal Dear Mr. Ottmar:

Thank you for the opportunity to make this proposal for the subject project. We are providing this proposal for Final Design pursuant to your request and in accordance with the draftProposition 1 Round 1 IRWM Implementation Grant Agreement. Our final design work will build off of our 30% Design (Alternative 2) which was completed in early 2019

SCOPE OF SERVICES - DESIGN AND BID PHASE
Surveying

1. Perform a limited, supplemental survey, to capture changes that have occurred within the project area subsequent to our 2018 survey.

2. If requested, prepare up to two Legal Descriptions and Plats to accompany easement(s) or agreement(s) between the City and Del Monte Manor, to address temporary construction impacts as well as O&M of the permanent facility.

Construction Documents

3. Perform a field review of the project site with the City's Project Manager.

4. Update the CAD base plan incorporating current information from the recent Del Monte Manor renovations.

5. Participate in up to two stakeholder outreach meetings with the City's Project Manager.

6. Develop two educational/interpretive site signs, with standard graphics, color and text. (Development of custom interpretive message(s), if required, would be an additional service.)

7. Prepare Construction Drawings. The following sheets are anticipated:
a. Cover Sheet
b. Temporary Water Pollution Control Plan, Notes and Details c. Topographic Map
d. Civil:
i. Demolition Plan
ii. Construction Plan
3910.02pro. docx
Packet Page 475
Exhibit A
April 28, 2021 | Job No. 3910. 02
Del Monte Manor IID Project - Final Design Proposal
iii. Cross-Sections and Profiles
iv. Civil Notes and Details
e. Landscape:
i. Landscape Plan
ii. Irrigation Plan
iii. Landscaping and Irrigation Notes and Details
iv. Educational Signage Notes and Details

8. Prepare an Engineer's Estimate of Probable Construction Cost.

9. Prepare Technical Specifications, utilizing city-provided template.

10. Estimate earthwork volumes and report the volumes on the Construction Drawings.

11. Provide geotechnical consultation and prepare a Geotechnical Plan Review letter.

Bid Support

12. Provide assistance during bidding as requested. We have included the following in our budget estimate:
a. Written responses to Bidder Inquiries - 2 hours

SCOPE OF SERVICES - PROJECT PERFORMANCE MONITORING PLAN

1. Prepare, in coordination with the City's Project Manager, a Project Performance Monitoring Plan, as outlined in Grant Agreement Exhibit J.

SCOPE OF SERVICES - CONSTRUCTION PHASE
Provide civil engineering design assistance during construction as requested. We have included the following in our allowance for this Task:
a. Site visit - 2 visits, 8 hours total
b. Written responses to Contractor's Material Submittals - 4 hours c. Written responses to Requests for Information - 4 hours

2. Provide landscape architecture design assistance during construction as requested. See the proposal by BFS Landscape Architects for detailed scope and recommended allowance.

3. Perform Geofechnical Obseryations and Testing during construction as requested.

See the proposal by Earth Systems for detailed scope and recommended allowance.

4. Provide the following SCM construction observations:
a. Excavation - Obsen/e excavation area prior to installation of drain rock and BSM.
b. Drainage structures - Observe structures, pipes and appurtenances. c. Finished grade - Observe finished facility grading, prior to installation of landscaping, irrigation, and other improvements.
d. Final - Observe completed project.

5. At the completion of construction, provide the Engineer's Certification as required by the Grant Agreement.
\\fs2012\x-archives\whi+sonarchives\3900-3999\3910-del monte manor lid design\docs\_contrac+\3910. 02 final design\3910. 02 pro.docx page | 2
Packet Page 476
Exhibit A
April 28, 2021 JobNo. 3910. 02
Del Monte Manor LID Project - Final Design Proposal
Clarifications and Assumptions:

1. All our work products will be provided to the City's Project Manager in PDF and/or AutoCAD DWG format. Hard copy prints will not be required.

2. The City will separately provide a Construction Manager.

3. The City will separately contract a special inspector for construction observations and testing, other than Geotechnical Observations and Testing as included in Earth Systems' proposal.

4. Less than 2,500 s.f. of impervious area will be created/replaced. A Storm Water Control Plan (SWCP) is therefore not required.

5. The total area of disturbance will be approximately 30,000 sf. A SWPPP is therefore not required.

6. The proposed bioretention pond will be fenced with split rail or other decorative fence, and landscaped with native plants. Security fencing will not be required.

7. The "park redevelopment opportunity site" (the area on top of the underground chambers) may be landscaped and developed by the Project; or may be left for subsequent landscaping and/or development by Del Monte Manor. Our budget assumes that landscaping, walking paths, and benches may be included in out design. We have not budgeted for design of ball courts or lighting.

8. Irrigation water will be provided by Del Monte Manor (a new/separate irrigation meter is not required).

Exclusions:

The following work is specifically excluded from the Engineer's Scope of Services:

1. Changes in scope of the Engineer's work

2. Utility design (other than removal of private light pole and conduit)

3. Structural engineering (which includes retaining wall design)

4. Infiltration Testing (this was completed during 30% design)

5. Obtaining or coordinating permits, permit condition compliance

6. Lighting/Electrical/Mechanical Design Sen/ices

7. Construction Staking

8. Preparation of a Construction Management Plan and/or plans for disposal of excess soil

9. Construction Management, Construction Inspections, Special Inspections, other than as specifically listed in our Scope of Services

10. Plan revisions to reflect field changes; As-Built plan preparation Please note that upon your request we could provide the above services at additional cost.
\\fs2C12\x-arch'ves\whitsonarchives\3900-3999\3910-del mon+e manor lid design\docs'^-contract\3910. 02 final design\3910. 02 pro. docx pa9e
Packet Page 477
Exhibit A
April 28, 2021 | Job No. 3910.02
Del Monte Manor LID Project- Final Design Proposal
PAYMENT AND PROVISIONS:

Our estimated fees for the services described in the above Scope of Services are:

Design and Bid Phase
Project Performance Monitoring Plan
Construction Phase
T&M $46.000
T&M $3,000
T&M (Allowance) $17,000
Total Estimate $66,000
Progress billings will be on a Time and Materials basis as work is being completed, in accordance with the attached Rate Schedule. If this proposal is acceptable, please forward a contract for execution.

If you have any questions or need more information, please contact me at (831) 649- 5225.

Sincerely,
Whitson Engineers
}^^t/^-
Nathaniel Milam, PE, QSD | Senior Civil Engineer
for
Richard Weber PE, LS, QSD | Principal
RCE 55219, LS 8002, QSD 20534
\\fs2012\x-archives\whi+sonarchives\3900-3999\3910-del mon+e manor lid design\docs\_con+rac+\3910. 02 final design\3910. 02 pro. docx page 4
Packet Page 478
Exhibit A
Del Monte Manor LID Project - Final Design Proposal
Time and Materials Estimate
4/28/21 NDMT41
Design and Bid Phase
urveying
FE SEE LS AS IP Totals
Rate: S 240 $ 195 $ 175 $ 150 $ 130 Hours Cost
Supplemental Survey
Legal Descriptions and Plants (2 tota!)

PM, QA/QC
12 -+-
11 1,780
2,030
740
Subtotal: 14 2 27 4,550
Relmbursable Expenses:

Subconsultant (Earth Systems):

Subconsultant (BFS landscape Architects):
10% Subconsultant Markup:

Subtotal: 4,550
Construction Documents and Bid Support
EE SCE CE AE AE2 Totals
Rate: S 240 $ 195 $ 175 $ 150 $ 130 Hours Cost
Field Review 780
Update CAD Base
Stakeholder Outreach Meetings (2 total)
780
1,560
Construction Drawings 16 40 60 10,080
Engineer's Estimate
Technical Specifications 12
780
2, 160
10 11
Earthwork 2
Geotechnical Consultation and Plan Review (by Earth Systems) Respond to Bidder Inquiries
690
780
PM, QA/QC 1,260
Subtotal: 54 46 0 104 18,870
Relmbursable Expenses: 300
Subconsultant (Earth Systems): 900
Subconsultant (BFS Landscape Architects); 19,305
10% Subconsultant Markup: 2,021
Subtotal 41,396
Design and Bid Phase Total Estimate: ~$45^46
4/28/2021 Page 1 3910. 02 Estxls
Packet Page 479
Exhibit A
Project Performance Monitoring Plan
PE SCE CE AE AE2 Totals
Rate; $ 240 $ 195 $ 175 $ 150 $ 130 Hours Cost
Prepare Project Performance Monitoring Plan 17 3,000
Subtotal; 8 17 3,000
Reimbursable Expenses:

Subconsulfanf (Earth Systems);
SubconsuNant (BFS Landscape Architects):
10% Subconsultant Markup:

Subtotal: 3,000
Project Performance Monitoring Plan Total Estimate: ^,000 Construction Phase
PE SCE CE AE AE2 Totals
Rate: $ 240 $ 195 $ 175 $ 150 $ 130 Hours Cost
la Site Visit! (2 total) 8 1,5*0
1b Respond to Material Submlt+als 780
1c Respond to RFIs 8 1,560
Landscape Architecture Design Assistance (by BFS Landscape Architects] Geo+echnical Observations and Testing (by Earth Systems] SCM Construction Observations 1,5*0
Engineer's Certification 390
Subtotal: 30 30 5,850
Reimbursable Expenses:

Subconsulfanf (Earth Systems): 6,249
SubconsuBant (BFS Landscape Architects): 3,740
10% Subconsultant Markup: 999
Subtotal: 16,838
Construction Phase Total Estimate: ^16, 838
WE Fee Estimate 32. 270
BFS Fee Estimate 23, 045
ES Fee Estimate 7, 149
i 0% Subconsuttant Markup 3, 0)9
Re'imbursabfes Estimate 300
30% Consfrucffon Cost Estimate 420, 000
Topo + 30% Design Fee (completed) 19,374
Final Design Estimate 41.396
Total Design Cost 60, 769
Design Cost Ratio
Design Budget included in 30% Estimate 63, 000
4/28/2021 Page 2 3910.02 Est.xls
Packet Page 480
Exhibit A
Whitson

ENGINEERS
Qv(i Engineering + land Sun/eyfng
6 Hams Couit, Monterey, CA 93940 i B31.649 5225
whitsonengineer scorn

HOURLY RATE SCHEDULE
Category
Principal Engineer
Senior Civil Engineer
Senior Land Surveyor
Civil Engineer
Land Surveyor
Senior Associate Engineer / Sur/eyor
Associate Engineer / Surveyor
Assistant Engineer / Surveyor
Senior Engineering / Surrey Technician
Engineering / Surrey Technician
Administrative Support
Engineering Aide
Expert Witness / Court Hearing
Hourly Rate
$ 240.00
$195.00
$195.00
$175.00
$175.00
$165.00
$150.00
$130.00
$125.00
$120.00
$ 75.00
$ 70.00
$ 325.00
Field Surveying*
One Person Survey Crew (Prevailing Wage)
Two Person Survey Crew (Prevailing Wage)
$210.00
$ 350.00
Reimbursables
Professional Sen/ices by Others Cost Plus 10%
In-House Large Format Plotting / Copies (Black & White) $0.54 / S. F.

In-House Plots, Prints, Copies (Color/Special Media) Rates vary, available upon request In-House Prints / Copies (Black & White) $0. 10/sheet for 8.5x1 1, $0.54/sheet for 11x17 Materials, Postage, Reproduction, Telephone Cost Plus 10% Mileage Per Current Federal Rate
*Sur^ey Crew rates are Prevailing Wage
Rates effective January 1, 2020
#41
Apw 1 feesch41-10. docx
Packet Page 481
Exhibit A
Scope of Services
Del Monte Manor LID
April 27, 2021

3.0 CONSTRUCTION DOCUMENTS
u

LANDSCAP

ARCHITECTS

3.01 Perform a field review of the project site with the City's Project Manager.

3.02 Prepare two study hand sketches of basin planting and upland passive landscape uses (paths, benches, tables). Submit for City review.

3.03 Participate in up to two stakeholder outreach meetings with the City's Project Manager. Summarize community comments related to BFS scope.

3.04 Prepare one site landscape plan including educational / interpretive sign locations and themes based on City and community comments.

3.05 Coordinate CAD base with Whitson. Proceed with construction drawings:
a. Landscape Site Plan
b. Planting Plan
c. Irrigation Plan
d. Notes and Details

3. 06 Develop two educational/interpretive site signs, with standard graphics, color and text. Custom interpretive message would require additional services.

3.07 Coordinate irrigation controls and water point of connection with Del Monte Manor.

3.08 Prepare specifications and cost estimates.

3.09 Coordinate plan review with Project Team and City.

3. 10 Complete drawings and specifications for bid document set.

3.11 Provide technical assistance during the bid process, including preparation of Addenda. Respond to questions as directed by Owner / CM. Provide written or graphic clarification as appropriate.

4.0 BIDDING AND CONSTRUCTION REVIEW
Owner / Owner's Construction Manager (CM) shall have the primary responsibility for the bidding and construction review phase BFS Proposal. docx BFS Landscape Architects . bfsla.com 425 Pacific Street, Suite 201, Monterey, California 93940 . (831)648-1383 P . (831)373-8653 F 1580 West El Camino Real, Suite 12, Mountain View 94040 . (650)326-6622 p . (650)963-9421 Packet Page 482
Exhibit A
of the oroject, deluding testing and inspection coordination, payment request processing and ali related items.

W, Provide the Contractor a Conform Set of Drawings incorporating al! addenda revisions.

4.02 Attend pre-constructio" meeting with Owner / CM and Cont'-actor TO discuss construction o'ocedures.

4. 03 Sesoond TO Requests for Info'^atioR (RFI;; <u'r\\y, Ciar'fi;afo"s, Revisions, and Architects Suootementary Instrurfons (ASI; to tie Owner / CIV; any change c'ders wiii De prepa'-ed by Owner / CM.

4.04 itev;ew and p'ocess sub-n'ttals, sa-r-cles and Snap Dr-awings. Review p'oposed substitutions 'f any, fo- conformance to drawings aid tecn!cal specificati&is.

4. 05 Attend limited or-site constrLdior reviews, fo'lowea by written field reports, te'/ews to delude:
a. Substantial CcTotetion Review - at start of landscaoe T-aintenance D. Punch-list Cnec< - during landscape maintenance RECOMME\DE3 EOR MORE COMPLEX PROJEC-S c. Fna; Review - at end of landscaoe maintenance

5.0 ADDITIONAL SERVICES
Any add'tional presentations, drawings o- aocurr-ents not identified i" the Scooe of Services will be cons'dered additional services.

Additional services are provided o-ly as authorized and or ar hourly basis unless otherwise approved.

EXCLUSIONS
Tie following are excluded froT our scope of sen/'ces.

1. Demolition, Grading, and D-ainage Pians. Assu~ied to be in civil scope.

2. Est'rv'ated Water Use / Water Dema"d Stateme"t Calcj!at;ons. -END -

COMPENSATION
-.0 CONCEPTUAL DESIGN ..................................................................................... ".............................................. -......."°ne

2.0 DESIGN DEVELOPMENT..................................................................................................... """------"-""-""------""-"^^

3. 0 CONSTRUCTION DOCUMENTS
Plars and Soecif'cations............................................................................ -."....................................... ^'1'505 Educationai/1 nterpretiveSigrage.................................................................................... ".-.......... -... S5-030

4.0 BIDDING & CONSTRUCTION REVIEW....................................................................................... --.."-..-......... $3,740

5.0 ADDmONAL SERVICES .................................................................................................. -..................................." REIMBURSABLE EXPENSES BUDGET ..................................................................................................................... -............... ^250 HOURLY RATES AND REIMBURSABLE EXPENSES: See attached Standard Schedule of Co~-oensafon dated May 2020. Ail costs BFS LANDSCAPE ARCHITECTS April 27, 2021 ] Page 2 of 3
Packet Page 483
Exhibit A
for photography, printing, special delivery, insurance certificate charges, horticultural soils analysis, Owner business licenses and fees, consultant services, and all other costs directly related to the project would be billed as a reimbursable expense at our cost plus a fifteen percent administration charge.

Attachments: Standard Schedule of Compensation, dated 5/2020.

Notice: Landscape Architects are regulated by the State of California. Any questions concerning a Landscape Architect may be referred to the Landscape Architects Technical Committee at: Landscape Architects Technical Committee, 2420 Del Paso Rd, Unit 105, Sacramento, CA 95834. 916 575 7230.

BFS LANDSCAPE ARCHITECTS April 27, 2021 | Page 3 of 3
Packet Page 484
Exhibit A
Standard Schedule of Compensation
May 2020
LAfiO&CAPE

ARCHITECTS

GENERAL
The following list of fees and reimbursable expense items shall be used in providing services within our agreement and may be annually adjusted, upon issuance of an updated Standard Schedule of Compensation:

Principal
Associate Principal
Associate
Project Manager
Assistant Project Manager
Designer
Assistant Designer
Design/Graphics Intern
Word Processor/Clerical
$215/hour
$200/hour
$185/hour
$165/hour
$155/hour
$135/hour
$115/hour
$40/hour
$80/hour

ADDITIONAL SERVICES
Any additional presentations, drawings or documents not identified in the Scope of Services will be considered additional services. Additional services are provided only with prior authorization and on an hourly basis unless otherwise approved.

REIMBURSABLE EXPENSES
All costs for printing and plotting, special delivery, mileage, and other costs directly related to the project will be accounted as a reimbursable expense at our cost plus a fifteen percent administration charge.

BFS Landscape Architects
425 Pacific Street, Suite 201, Monterey, California 93940 1580 West El Catnlno Real, Suite 12, Mounttln View 94040 bfsla. com
(831)646-1383 P
(650) 326-6622 P
(831) 373-8683
(650) 963-S421
Packet Page 485
Earth Systems
Exhibit A
1514 Moffett Street, Suite G | Salinas, CA 93905 | Ph: 831.422.8547 | www.Mrthsyflems. com April 26, 2021 File No.: 302688-002
Mr. Nathaniel Mllam, PE, QSD
Whitson Engineers
9699 Blue Larkspur Lane, Suite 105
Monterey, CA 93940
PROJECT: DEL MONTE MANOR PARK LID IMPROVEMENTS

SONOMAAVENUE AND YOSEMITE DRIVE

SEASIDE, CALIFORNIA
SUBJECT: Proposal for Geotechnical Services
Dear Mr. Milam:

Earth Systems Pacific Is pleased to present this proposal to provide geotechnical services for the Del Monte Manor Park LID Improvements project in Seaside. Based on our review of the project plans and our subsequent discussions, our proposed scoped of services consists of the following:
. Geotechnlcal consultation and plan reviews
. Observation and compaction during construction
. Laboratory maximum denslty/optimum moisture tests
Geotechnical engineer site visit, and oversight during construction . Submittal of weekly certified payroll reports

ESTIMATED FEES
We propose to provide these services on a time and materials basis. Details of our estimated fees for each of the above-described tasks are provided on the attached spreadsheet. A weekly charge of $85 will be applied for uploading certified electronic payroll reports as required by DIR SB 854.

Total Estimated Fees $7,148. 00
TERMS
Terms for the work will be in accordance with our previously-negotiated Agreement between Consultant and Subconsultant with Whitson Engineers.

Because the project is subject to California Prevailing Wage Law, and for your convenience in setting up the project, we have included our DIR registration numbers below.

Packet Page 486
Exhibit A
Del Monte Manor Park LID
Seaside, California
April 26, 2021
DIR Public Works Registration Numbers
Legal Name
Registration
Number
License
Type*
Registration
Date
Expiration
Date
Earth Systems Pacific 1000003643 N100143 5/19/2017 6/30/2021 .Professional Corporation License Number assigned by DIR March 27, 2015 Please note that effective August I, 2016, we are required to submit certified payrolls for alt Prevailing Wage projects via eCPR. In order to upload certified payrolls to the State's website, the project's DIR number is necessary. Please complete the attached SB 854 DIR and eCPR Compliance Information Request form and return to our office at your earliest convenience.

We appreciate you continuing to allow us to be a member of your design team. Please feel free to contact me at yoyr.convenience if you have any questions or require additional information.

Sincerely,
Earth S.yStems Pacific
ieorge Barnett^GE 2309
Senior Vice President
Attachments: Fee Estimate Spreadsheet
Prevailing Wage & Accounts Payable Information Request
Doc. No. : 2104-OlS. PRP/ev
Packet Page 487
Earth Systems Exhibit A
1514 Moffett Street, Suite G I Sallnas, CA 93905 | Ph: 831.422.8547 | www.earthsystem5. com Project: Del Monte Manor Park LID Improvements
File No.: 302688-002
Fee Estimate
Date: 4/26/2021
Geotechnical Services Classification Trips Units Rate Fee Design Services
Geotechnical consultation and plan reviews
Construction Services
Site visit
Observation and compaction testing
Nuclear gauge fee
Travel mileage
Maximum density/optimum moisture tests (4" mold)
Maximum denslty/optimum moisture tests (6" mold)
Project management
State of California Prevailing Wage payroll submittal
Total Estimated Fees
Principal Professional
Principal Professional 1
Field Technician 6
Principal Professional
$7, 149. 00
2 24
24 280
2 1
4 4
$225. 00 hr. $900. 00
Sub Total
$225. 00
$130.00
$15. 00
$0. 80
$270. 00
$315. 00
$225. 00
$85. 00
hr.
hr.
hr.
mi.
ea.
ea,
hr.
wk.
$900, 00
$450.00
$3, 120. 00
$360. 00
$224. 00
$540. 00
$315. 00
$900. 00
$340. 00
Sub Total $6,249.00
Packet Page 488
Exhibit A
Earth Systems
1514 Moffett Street, Suite S I Salinas, CA 93905 | Ph: 831^22. 8547 I www.earthsystems. com Prevailine Waee and Accounts Payable Information Request Thank you for this opportunity to be of service on your public works project. Please complete and return this form to allow us to comply with California's prevailing wage requirements, and to prepare Earth Systems' invoices In accordance with your organization's billing requirements in a timely manner. Thank you! Legal Name of Earth Systems
PWC Registration No.

Earth Systems Pacific
1000003643
Earth Systems Project No^
PUBLIC WORKS PROJECT REGISTRATION INFORMATION:

CLIENT'S PROJECT NAME Del Monte Manor Park LID Improvements 302688-002
DIR PROJECT ID (PWC-100)

APPLICABLE BID

ADVERTISEMENT DATE

CLIENT'S REPRESENTATIVE FOR

DIR PROJECT ID INFORMATION
Name:

E-mail:

Phone No.:

LABOR COMPLIANCE

PROGRAM (LCP) APPLICABLE
TO THIS PROJECT?
Yes or No
If yes, please confirm if Earth Systems will be subject to the LCP and provide a copy of the LCP manual to Earth Systems before start of project.

CLIENT'S BILLING REQUIREMENTS:

PURCHASE ORDER NO.
(if applicable)

ADDITIONAL INFORMATION

REQUIRED ON INVOICES
SPECIFY ANY ADDITIONAl

FORMS OR BILLING FORMATS

REQUIRED TO BE SUBMITTED

WITH INVOICES
(please attach example)

ACCOUNTS PAYABLE CONTACT
INroRMATION
Name:

E-mail:

Phone No.

INVOICE DELIVERY METHOD E-mail:

Mailing Address:

Date
Doc. No. : 2104-OlS. PRP/ev
Rev. 12.19.17
Packet Page 489

EXHIBIT B

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

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

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

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

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

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

Umbrella or excess liability insurance. Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability,

DEL MONTE MANOR LID PROJECT EXHIBIT B
Packet Page 490
and employer's liability. Such policy or policies shall include the following terms and conditions:
. A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
. Pay on behalf of wording as opposed to reimbursement; . Concurrency of effective dates with primary policies; . Policies shall "follow form" to the underlying primary policies; and . Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Other provisions or requirements
Proof of insurance. Consultant shall provide certificates of insurance to Agency as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by Agency's Risk Manager prior to commencement of performance.

Current certification of insurance shall be kept on file with Agency at alt times during the term of this contract. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

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

Agency's rights of enforcement. In the event any policy or insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Agency will be promptly reimbursed by Consultant or Agency will withhold amounts sufficient to pay premium from Consultant payments.

In the alternative. Agency may cancel this Agreement.

DEL MONTE MANOR LID PROJECT EXHIBIT B
Packet Page 491
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the Agency's Risk Manager.

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

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

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

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

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

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting

DEL MONTE MANOR LID PROJECT EXHIBIT B
Packet Page 492
endorsement of any kind that has not been first submitted to Agency and approved of in writing.

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

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

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

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

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

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

DEL MONTE MANOR LID PROJECT EXHIBIT B
Packet Page 493

EXHIBIT C

REQUEST FOR STATEMENT OF QUALIFICATIONS

CITY OF SEASIDE

ON-CALL CONSULTANTS - ENGINEERING SERVICES
PROPOSAL DUE APRIL 10, 2018
The City of Seaside (City) seeks Statement ot Qualifications from qualified consulting firms, teams and individual consultants to provide engineering services on an on-call basis for miscellaneous undetermined projects. The selected engineering firms may be requested to help with the design of federal, state and locally funded capital improvement projects. The City intends to select multiple consultants for a three-year period, with the option of two (2) one-year extensions through mutual consent between the City and the chosen Consultants). Consultants do not need to be able to provide all services described in the "Preliminary Scope of Services," below. Selection will be based on demonstrated experience in providing cost effective professional services to public works departments.

I. BACKGROUND
The City of Seaside is located approximately 115 miles south of San Francisco and 73 miles south of San Jose. The City of Seaside encompasses a total area of approximately nine square miles and is the largest city on the Monterey Peninsula with just over 34, 000 residents. The City has developed a Capital Improvement Program (CIP) annually that identifies capital improvements for government facilities, parks, storm water, transportation, water and special projects. Most project design budgets will be less than $25,000.

H. PROPOSED SCOPE OF WORK
The City will provide a request for services for each project to the consultant which may include engineering design services outlined below. The consultant wUl, in turn, provide a fixed fee cost estimate and scope of work based upon the requested services. Projects may cover a broad of range professional engineering services in support of CIP implementation, and possible other park improvements, Americans with Disability Act (ADA) evaluation and modifications, drainage studies and improvements, street, bicycle and pedestrian projects, and various other municipal related projects. Below is a general overview of services that may be requested.

A. Eneineering Services
Design, Survey and Geometries
Pavement Evaluation and Design
Hydrology/Hydiaulic Analyses
Structural Analysis and Design
Well Design and Rehabilitation
Water System Design & Rehabilitation
Value Engineering
Seismic Evaluations
Construction Phase Services
B. Professional Services
Disabled Accessibility Evaluations & Mitigation
Preliminary Engineering Studies
Technical Studies & Reports
Peer Reviews
Coordination w/Other Agencies & Utilities
Constmctability/Bidability Reviews
On-Call Services
J:\aa_PUBLIC WOnKS\Personnel\EnBi"eering Servtees\RFQ_EnBS'vs_2018. dooc Print 03/2W2018 Packet Page 494

EXHIBIT C

REQUEST FOR STATEMENT OF QUALIFICATIONS
CITY OF SEASfflE
The ideal candidate has a good working knowledge of the following documents:
a. City of Seaside Capital Improvement Program (Attachment A), as may be amended.
b. California Department of Transportation Standard Plans and Specifications, 20 15 or most recent edition.
c. California Manual of Uniform Traffic Control Devices (CAMUTCD), latest edition.
d. Central Coast Regional Water Quality Control Board Resolution R3-2013-0032, Post Construction Requirements for Development Projects in the Central Coast Region
m. FORM AND CONTENT OF PROPOSAL
Proposals should clearly state respondent's qualifications. In reviewing the proposals, fhe City of Seaside considers the quality of the proposal to be reflective of the potential quality offhe work the Consultant is able to perform. The ability of the Consultant to clearly and concisely convey information will be considered in fhe review process. Consultants are encouraged not to submit lengthy and overly wordy proposals.

The SOQ must be concise (maximum 10 written pages) and include, at a minimum, the following information:

A) A brief description of the consultant's firm, including the year the iirm was established, type of organization (partnership, corporation, etc.), and a statement of the film's qualifications for performing the subject consulting services.

B) A brief summary of the qualifications and experience of each member proposed to provide professional services.

C) A project summary list with descriptions of (he proposed team's experience. Projects showing experience on public works projects is a plus.

D) A list of references of relevant clients, including a contact person with their current telephone number and email address. At least 3 references shall be on projects listed for item C above.

E) Standard Rate Schedule
All proposing firms must be professionally engaged in the design of capital improvement projects with experience in the public sector for a minimum of five (5) years. At a minimum, Consultants must employ qualified individuals who are licensed and/or otherwise qualified in project management.

J:\08_PLlBUC WORKS\Pe-5onne!\Enginwring Se-tfices\RF(LEngSrvs_2018. docx Pmit 01/20/201S Packet Page 495

EXHIBIT C

REQUEST FOR STATEMENT OF QUALIFICATIONS

CITY OF SEASIDE
IV. QUESTIONS AND ADDENDA
Please direct any questions you may have regarding this RFQ, including any request for the City of Seaside to issue a formal written clarification or correction of a discrepancy or an omission in this RFQ, via email to:

Mr. Scott Ottmar, P.E.
sottmar@ci. seaside. ca.us
Any request for a formal written clarification or correction of a discrepancy or an omission in this RFQ must be received by the City of Seaside per the schedule below. Any City response to such a request will be made in the form of an addendum to this RFQ and will be posted on the City's website; www.seaside.ca.us per the schedule below. All addenda shall become part of this RFQ.

V. SUBMITTAL OF PROPOSALS
Please submit an electronic copy in Adobe ® PDF format of your Proposal, identified in the subject line as "Proposal for Engineering Design Services no later than 4:00 p.m. Pacific Time on Wednesday. April 10. 2018.

Proposals received by the City after this deadline will not be accepted and will not be accepted if submitted by FAX. Emalled submissions cannot contain zipped files or files larger than 5 Mbytes.

All material submitted in accordance with this RFQ becomes property the City of Seaside and will not be returned.

VI. EVALUATION PROCESS
City staff will review each SOQ for completeness and content. JBach SOQ will be evaluated based upon the relevant qualifications and experience of the consultant. Staff may conduct interviews if necessary. References will also be verified. The SOQ review will focus upon the following criteria:

1. Organization: Does the firm offer the breadth and quality of services required for the types of services listed in the Scope of Work?

2. Staff. Do the qualifications of key personnel to be assigned to the anticipated projects coincide with tasks listed in the Scope of Work? Do assigned personnel have requisite education, experience, and professional qualifications?

3. Experience: Has fhe firm demonstrated the ability to successfully provide services for projects of a similar complexity and nature as described herein?

4. Professional Standing: Are the firm s references fi-om past clients and associates favorable? Are deliverables submitted on time and within budget? Packet Page 496

EXHIBIT C

REQUEST FOR STATEMENT OF QUALIFICATIONS

CITY OF SEASTOE

5. Proposal: Organization, presentation, and content of proposal. Conformance to the specified proposal format.

6. Responsiveness. Ability to respond to request for service in a timely manner. Ability to attend meetings at the City of Seaside's City Hall and performs project site inspections in a timely manner and at a fair and reasonable cost.

Proposals will be ranked on the basis of qualifications. The City of Seaside may conduct interviews with some or all of the firms who submit proposals, or it may complete its evaluation based on (he proposals alone. If interviews are conducted, firms selected for interview will be contacted at that time to arrange the date and time for their interview.

VII. SELECTION PROCESS
Based on staff recommendation, the City of Seaside will consider approval of consultants). The City of Seaside may select up to three firms or choose to determine that no SOQ proposal exhibits adequate qualifications.

Upon the selection by the City of Seaside, consultants) may or may not be called upon by the City of Seaside to provide services.

VIII. SCHEDULE
The anticipated schedule for award of this project is as follows:

Release of RFQ
Last Day To Submit RFI
Response to RFI posted
Receipt of Proposals
Interview Consultants), if necessary
Select Short List
March 20, 2018
March 30, 2018
April 3, 2018
April 10, 2018 at 4PM
TBD (if needed)
May 3, 2018
K. ACCEPTANCE OR REJECTION OF PROPOSAL
The City of Seaside reserves the right to accept or reject any and all proposals. The City of Seaside also reserves the right to waive any informality or irregularity in any Proposals.

Additionally, fhe City of Seaside may, for any reason, decide not to award an agreement as a result of this RFQ or cancel the RFQ process. The City of Seaside shall not be obligated to respond to any proposal submitted, nor be legally bound in any manner by the submission of the proposal. The City of Seaside reserves the right to negotiate project deliverables and associated costs.

X. GENERAL DESCMPTION OF PROPOSED AGREEMENT
Upon conclusion of the RFQ process, the City of Seaside will select a Consultant with which to enter into negotiations for the assignments described. The selected Consultant shall enter into contract negotiations with the City of Seaside in substantial conformity with the selected proposal and the form of the Consultant Agreement, which is contained in Attachment B.

Packet Page 497

EXHIBIT C

REQUEST FOR STATEMENT OF QUALIFICATIONS

CITY OF SEASIDE
XI. INSURANCE REOmREMENTS
The selected Consultant, at Consultant's sole cost and expense and for the full term of the Agreement or any extension thereof, shall obtain and maintain all of the insurance requirements outlined in the Consultant Agreement (Attachment B).

All policies, endorsements, certificates, and/or binders shall be subject to approval by the City of Seaside as to form and content. The selected Consultant agrees to provide the City of Seaside with a copy of said policies, certificates and/or endorsements.

The selected Consultant shall satisfy these insurance requirements prior to approval of the Agreement. Please address any issues with respect to insurance requirements in your response to the corresponding question in the RFQ.

XII. EXAJVBNATION OF PROPOSED MATERIAL
The submission of a proposal shall be deemed a representation and certification by the Consultant that they have investigated all aspects of the RFQ, that they are aware of the applicable facts pertaining to fhe RFQ process, its procedures and requirements, and that they have read and understood the RFQ. No request for modification of the statement shall be considered after its submission on grounds that the Consultant was not fully informed as to any facts or condition.

Xm. PUBLIC NATURE OF PROPOSAL MATERIAL
Responses to this RFQ become the exclusive property ot The City of Seaside. All proposals received in response to this RFQ become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Consultant as business or trade secrets and plainly marked as "Confidential, " Trade Secret, or "Proprietary." The City of Seaside shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as "Confidential, " 'Trade Secret, " or "Proprietary" or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal "Confidential," "Trade Secret," or "Proprietary" shall be regarded as non-responsive.

Although the California Public Records Act recognizes that certain contldential trade secret information may be protected from disclosure, the City of Seaside may not be in a position to establish that the information that a Consultant submits is a trade secret. If a request is made for information marked "Confidential, " "Trade Secret, " or "Proprietary, " the City of Seaside will provide the Consultant who submitted the information with reasonable notice to allow the Consultant to seek protection from disclosure by a court of competent jurisdiction.

XIV. DISQUALIFICATION
Factors such as, but not limited to, any of the following may be considered just cause to disqualify a proposal without further consideration:

Packet Page 498

EXHIBIT C

REQUEST FOR STATEMENT OF QUALIFICATIONS

CITY OF SEASIDE
A. Evidence of collusion, directly or indirectly, by Consultants in regard to the amount, terms, or conditions of this proposal;
B. Any attempt to improperly influence any member of the selection staff; C. Existence of any lawsuit, unresolved contractual claim or dispute between Consultant and the City of Seaside;
D. Evidence of incorrect information submitted as part of the proposal; E. Evidence of Consultant's inability to successfully complete the responsibilities and obligations of the proposal; and
F. Consultant's default under any agreement, which results in termination of the Agreement.

XV. NON-CONFORMING PROPOSAL
A proposal shall be prepared and submitted in accordance with the provisions of these RFQ instructions and specifications. Any alteration, omission, addition, variance, or limitation of form or to a proposal may be sufficient grounds for non-acceptance of the proposal, at the sole discretion of the City of Seaside.

XVI. PROHIBITION OF GIFTS
The City of Seaside officials are subject to several legal and policy limitations regarding receipt of gifts from persons, firms, or corporations either engaged in business with the City of Seaside, or proposing to do business with the City of Seaside. The offering of any illegal gift shall be grounds to disqualify a Consultant. To avoid even the appearance of impropriety, Consultants should not offer any gifts or souvenirs, even of minimal value, to the City of Seaside ofEcers or employees. The Consultant shall be subject to the City of Seaside's prohibition.

XVU. NON-DISCMMINATION/NON-PREFERENTIAL TREATMENT
The successful Consultant shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the performance of the City of Seaside contracts.

XVIII. ADDITIONAL TERMS AND CONDITIONS
The following additional terms and conditions are applicable to fhis RFQ process:

A. It is anticipated that the award of the Agreement resulting from the RFQ shall include terms and conditions similar to those referenced in the City of Seaside's Standard Consultant Agreement (Attachment B). Exceptions proposed by the Consultant, if any, to the terms and conditions included in the City of Seaside's Standard Consultant Agreement should be included in the proposal. The City of Seaside reserves the right to consider any proposal exceptions during its evaluation of the acceptability of a proposal.

Packet Page 499

EXHIBIT C

REQUEST FOR STATEMENT OF QUALIFICATIONS
CITY OF SEASroE
B. This RFQ does not commit the City of Seaside to pay any costs incurred m the submission of the proposal or in making any necessary studies or analysis in preparation of submission of the proposal.

C. The City of Seaside reserves the right without limitation to:

1. Enter into an agreement with another Consultant m the event that the originally selected Consultant defaults or fails to execute an agreement with the City of Seaside;

2. Modify and re-issue the RFQ;

3. Take action regarding the RFQ as may be deemed to be in the best interest of the City of Seaside.

D. The City of Seaside reserves the right to verify any information provided during the RFQ process. The City of Seaside may contact references listed or any other person known to have contracted with Consultant.

E. An agreement shall not be binding or valid with the City of Seaside unless and until it is executed by authorized representatives of the City of Seaside, and of the Consultant.

F. While it is the intent of the City of Seaside is to proceed with this project, this solicitation does not obligate the City of Seaside to enter into an Agreement. The City of Seaside retains the right to cancel this RFQ at any time should fhe project be cancelled, the City of Seaside loses the required funding, or it is deemed in the best interest of the City of Seaside. No obligation either expressed or implied, exists on the part of the City of Seaside to make an award or to pay any cost incurred in the preparation or submission of anRFQ.

G. Failure to execute the agreement within the time frame identified above shall be sufficient cause for voiding the award.

H. Failure to comply with other requirements within the set time shall constitute failure to execute the Agreement. If the selected respondent refuses or fails to execute the Agreement, the City of Seaside may award the contract to the next qualified highest ranked Respondent.

XIX. ATTACHMENTS
A - City of Seaside Sue Year Capital Improvement Program B - Professional Services Agreement
Packet Page 500

GENERAL JIM MOORE BLVD

MESCAL ST

ANCON ST

BROADWAY

SKYVIEW DR

HILBY AVE

YOSEMITE ST

SONOMA AVE

WANDA AVE

MESCAL ST WANDA AVE

C E DA B F E I N E S ON W E N I T H SG R
SHEET
OF
SCALE: DRAWN:

JOB No.: SUBMITTAL / REVISION Civil Engineering Land Surveying 6 Harris CourtMonterey, California
831.649.5225whitsonengineers.com

NOT VALID

WITHOUT
SIGNATURE 1" = 100' ndm
3910.00 1 1 DEL MONTE MANOR PARK L.I.D. IMPROVEMENTS - 90% DESIGN WATERSHED MAP 90% DESIGN - NOT FOR CONSTRUCTION
1/8/19NDM
30% SUBMITTAL
11/23/21NDM
90% SUBMITTAL
Packet Page 501

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.R.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: April 21, 2022
SUBJECT: ADOPT A RESOLUTION APPROVING A PROFESSIONAL SERVICE

AGREEMENT WITH WALLACE GROUP FOR CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES FOR THE DEL
MONTE MANOR L.I.D. IMPROVEMENT PROJECT FOR AN
AMOUNT NOT TO EXCEED $57,496.00

RECOMMENDATION
Adopt a resolution approving a professional services agreement with the Wallace Group to provide construction management and inspection services for the Del Monte Manor L.I.D Improvement Project for an amount not to exceed $57,496.00.

BACKGROUND
The Del Monte Manor L.I.D. Improvement Project (Project) includes the demolition and construction of concrete curb and gutter, concrete sidewalk, storm drain pipes and structures, excavation and fill, soil amendment, planting and irrigation, and installation of storm drain monitoring instruments in the City drainage easement at the southwest corner of the Del Monte Manor property.

The Project was released for construction bids on February 10, 2022, and bids were opened on March 21, 2022. At this April 21, 2022 City Council meeting, the Council will consider awarding a construction contract to Monterey Peninsula Engineers, and approving a budget amendment for a revised project budget of $757,404.60. The Project is scheduled to take 70 working days to complete and is expected to start in late May.

Construction of the Project requires daily oversight of the contractor. The City does not have the personnel resources to support construction of the Project at this time. At the request of the City, Wallace Group (Wallace) submitted a proposal to provide Packet Page 502

Item No. 8.R. Page 2 of 2
construction management and inspection services. The services include preconstruction coordination, submittal review, contractor coordination, response to contractors' request for information, processing of change order requests, quantity calculations, progress estimates, daily inspections, site documentation, material testing coordination, and project close out.

Staff recommends adopting a resolution (Attachment 1) authorizing the City Manager to execute a professional service agreement (Attachment 2) with Wallace Group for an amount not to exceed $57,496.00 and amendments up to an additional $6899.52 to the agreement for construction management and inspection services for the Del Monte Manor L.I.D. Improvement Project.

ENVIRONMENTAL COMPLIANCE
Pursuant to preliminary review of the activities associated with this Council action in accordance with Section 15061 of the California Environmental Quality Act (CEQA) Guidelines, this project is Categorically Exempt (Class 1, Existing Facilities). The project repairs and performs minor upgrades to the existing storm drain system and involves negligible or no expansion of use.

FISCAL IMPACT
At this April 21, 2022 Council Meeting, the Council will consider approving a project budget amendment revising the total project budget for the Del Monte Manor L.I.D.

Project to $854,464.00.

The professional services agreement with Wallace to perform construction management and inspection services is for a not to exceed amount of $57,496.00. A 12% contingency brings the total agreement amount to $64,395.52 for construction management and inspection services. This cost was accounted for in the revised Project budget.

ATTACHMENTS

1. Resolution

2. Professional Services Agreement
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
Packet Page 503
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT WITH WALLACE GROUP TO PROVIDE CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES FOR THE DEL MONTE MANOR L.I.D. IMPROVEMENT PROJECT FOR AN AMOUNT NOT TO EXCEED $57,496.00 WHEREAS, the Del Monte Manor L.I.D. Improvement Project (Project) is adopted in the fiscal year 2021/2022 Capital Improvement Program (CIP) annual budget; and WHEREAS, on April 21, 2022, there is an item for City Council to approve amending the 2021/2022 adopted Project budget (271-8910-9961) to $854,464.00 to fully fund all the services necessary to complete construction of the Project; and WHEREAS, Wallace Group (Wallace) is on the City approved list of design consultants to perform professional and technical services for implementation of the CIP; and
WHEREAS, the project bidding documents were released for construction bids on February 10, 2022, and bids were opened on March 21, 2022; and WHEREAS, Monterey Peninsula Engineering was determined to be the lowest responsive and responsible bidder; and
WHEREAS, the project requires daily inspections, support to review submittals and respond to request for information submitted by the contractor during construction, and the city does not have the staffing resources to support this project; and WHEREAS, Wallace submitted a proposal to perform construction management and inspection services for the Del Monte Manor L.I.D Improvement Project from preconstruction through project closeout in the amount of $57,496.00; and WHEREAS, Staff has determined the proposed scope of work and budget are reasonable and within the approved budget; and
WHEREAS, an amount of $6899.52 contingency, 12% of the contract value, should be authorized on an as required basis; and
Packet Page 504
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute a Professional Services Agreement with Wallace Group to perform construction management and inspection services for the Del Monte Manor L.I.D Improvement Project for an amount not to exceed $57,496.00 and written amendments such that the total agreement does not exceed $64,395.52.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 21st day of April, 2022 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
Packet Page 505

DEL MONTE MANOR PARK LOW IMPACT DEVELOPMENT CONSTRUCTION

MANAGEMENT
Rev. 1/18 Page 1 COS Design PSA

CITY OF SEASIDE

DESIGN PROFESSIONAL SERVICE AGREEMENT

FOR CONSTRUCTION PROJECTS

DEL MONTE MANOR PARK LOW IMPACT DEVELOPMENT

CONSTRUCTION MANAGEMENT
THIS AGREEMENT, is made and effective ____________________, between the City of Seaside, a municipal corporation ("Agency") and Wallace Group, a corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on the effective date above and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2023 unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall perform all professional services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. AGENCY MANAGEMENT
Agency’s City Engineer shall represent Agency in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Consultant. Agency’s City Manager shall be authorized to act on Agency's behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change Consultant's compensation, subject to Section 5 hereof.

Packet Page 506

DEL MONTE MANOR PARK LOW IMPACT DEVELOPMENT CONSTRUCTION

MANAGEMENT
Rev. 1/18 Page 2 COS Design PSA

5. PAYMENT
(a) The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed FIFTY SEVENT THOUSAND FOUR HUNDRED NINETY SIX DOLLARS ($57,496) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency City Manager and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services.
(c) Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month.

Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the Agency disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The Agency may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the Agency shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the Agency.

Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 3.

Packet Page 507

DEL MONTE MANOR PARK LOW IMPACT DEVELOPMENT CONSTRUCTION

MANAGEMENT
Rev. 1/18 Page 3 COS Design PSA

7. DEFAULT OF CONSULTANT
(a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default.
(b) If the Agency Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance.

In the event that the Consultant fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records; shall give Agency the right to examine and audit said books and records; shall permit Agency to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement.

Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Agency and may be used, reused, or otherwise disposed of by Packet Page 508

DEL MONTE MANOR PARK LOW IMPACT DEVELOPMENT CONSTRUCTION

MANAGEMENT
Rev. 1/18 Page 4 COS Design PSA
the Agency without the permission of the Consultant. With respect to computer files, Consultant shall make available to the Agency, at the Consultant's office and upon reasonable written request by the Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
(c) Should the Agency modify, or authorize others to modify the drawings or specifications, the Agency agrees to hold Consultant harmless from any and all damages, claims, expenses and losses arising out of such modifications of the Consultant is first obtained.

9. INDEMNITY AND DEFENSE
(a) Indemnification and Defense for Professional Services To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless Agency and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including reasonable attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by Agency in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the Agency.
(b) For All Other Liabilities
Notwithstanding the foregoing and without diminishing any rights of Agency under Section 9.A, for any liability, claim, demand, allegation against Agency arising out of, related to, or pertaining to any act or omission of Consultant arising from Consultant’s operations, but which is not a design professional service, Consultant shall defend, indemnify, and hold harmless Agency, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, Packet Page 509

DEL MONTE MANOR PARK LOW IMPACT DEVELOPMENT CONSTRUCTION

MANAGEMENT
Rev. 1/18 Page 5 COS Design PSA
any concurrent or contributory negligence on the part of the Agency, except for the active negligence of, or willful misconduct of the Agency.

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

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

Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

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

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the Agency in connection with the award, terms or implementation of this Agreement, including any Packet Page 510

DEL MONTE MANOR PARK LOW IMPACT DEVELOPMENT CONSTRUCTION

MANAGEMENT
Rev. 1/18 Page 6 COS Design PSA
method of coercion, confidential financial arrangement, or financial inducement.

No officer or employee of the Agency will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of Agency, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without Agency's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the Agency Manager or unless requested by the Agency Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the Agency.

Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Agency notice of such court order or subpoena. (b) Consultant shall promptly notify Agency should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the Agency. Agency retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with Agency and to provide the opportunity to review any response to discovery requests provided by Consultant. However, Agency's right to review any such response does not imply or mean the right by Agency to control, direct, or rewrite said response.

Packet Page 511

DEL MONTE MANOR PARK LOW IMPACT DEVELOPMENT CONSTRUCTION

MANAGEMENT
Rev. 1/18 Page 7 COS Design PSA

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

To Agency: __City of Seaside__________
__440 Harcourt Ave________
__Seaside, CA 93955_______
Attention: City Clerk
To Consultant: ___Wallace Group__________
___612 Clarion Court________
__San Luis Obispo, CA 93401_

17. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Agency. Because of the personal nature of the services to be rendered pursuant to this Agreement, Rick Riedl, PE shall be the Project Manager and Engineer of Record for the services described in this Agreement.

The consultant may use assistants, under its direct supervision, to perform some of the services under this Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of Rick Riedl from Consultant's employ.

Should he/she leave Consultant's employ, the Agency shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the Consultant.

18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

Packet Page 512

DEL MONTE MANOR PARK LOW IMPACT DEVELOPMENT CONSTRUCTION

MANAGEMENT
Rev. 1/18 Page 8 COS Design PSA

19. GOVERNING LAW
The Agency and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Agency.

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

21. WORK SCHEDULED/TIME OF COMPLETION
Consultant shall perform all services in a timely manner.

22. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of Agency's Request for Proposal, Exhibit D hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit A hereto. In the event of conflict, the requirements of Agency's Request for Proposals and this Agreement shall take precedence over those contained in the Consultant's proposals.

23. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

Packet Page 513

DEL MONTE MANOR PARK LOW IMPACT DEVELOPMENT CONSTRUCTION

MANAGEMENT
Rev. 1/18 Page 9 COS Design PSA
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CONSULTANT: Wallace Group
By: ______________________________ Date:_________________ Kari Wagner
Principal
City of Seaside
A Municipal Corporation
______________________________ Date:_________________
Roberta Greathouse, Acting City Manager
Attachments: Exhibit A Scope of Work/Consultant Proposal Exhibit B Standard Billing Rates
Exhibit C Insurance Requirements
PE C66026
April 8, 2022
Packet Page 514
March 18, 2022
Nisha Patel
City of Seaside
440 Harcourt Avenue
Seaside, California 93955
Subject: Del Monte Manor Park Low Impact Development Construction Management Dear Ms. Patel:

Wallace Group appreciates the opportunity to provide you with our proposal for construction management services for the above referenced project. Based on our discussion, the following Scope of Services has been prepared for your consideration:

PROJECT UNDERSTANDING
The City of Seaside is interested in enhancing the capture and recharge of stormwater runoff near the Del Monte Manor apartments. The project site is located at the northeast corner of Yosemite Street and Sonoma Avenue on a parcel with existing multifamily housing. Whitson Engineers provided a design memo and plans, specifications, and estimated construction cost (PS&E) dated March 10, 2022 that were incorporated into bidding documents. The project includes the demolition and construction of concrete storm drain manhole, curb and gutter, concrete sidewalk, storm drain pipes and appurtenances, excavation and fill, soil amendment, planting and irrigation, and installation of storm drain monitoring instruments.

The project is out to bid for construction and is anticipated to begin construction in late 2022. The project is funded by Proposition 1 grant funds issued by the California Department of Water Resources. The grant administration and reporting is being provided by others.

SCOPE OF SERVICES
The Scope of Work included in this proposal includes the following. This proposal is based upon the following documents:
 Project Improvement Plans by Whitson Engineers dated 12/21/21  Project Specifications by Whitson Engineers dated January 2022 o 70 working days to substantial completion
o 15 additional working days to final acceptance
 Addendum No. 1 dated March 1, 2022
Our services include day-to-day coordination of project activities, including scheduling and budget controls, staffing needs and coordination, Client coordination, monthly status updates and reporting, and other related project management activities. This effort is based on the schedule duration of 6 months, as provided below in this proposal.

Wallace Group will be using Procore project management software to manage the documentation for this project. Procore will be used to store and track project plans, specification, RFIs, submittals, observation reports and daily logs, and photos. All this information will be available to entire project team in real time. Given the scope and nature of the project, we envision the following Scope of Services.

Task 1.0: Pre-Construction Phase Services
Wallace Group will provide pre-construction management services as outlined below. This task includes preparation and attendance of up to one (1) 1-hour virtual meeting. Following the meeting, we will conduct a field investigation of the site.

EXHIBIT A
Packet Page 515
PP22-7512
City of Seaside
March 18, 2022

Preconstruction Conference
 Schedule preconstruction conference after contract NTP  Develop and distribute agenda prior to conference
 Attendees: Wallace Group CM Team, Contractor, City staff, and Whitson Engineers Design Team
 Conduct Procore orientation
 Meeting will include contractor responsibility toward:
o Project Overview
o Schedule
o Permits
o Submittals
o RFI’s
o Quality control
o Procedures for handling extra work or change of conditions o Progress pay requests
o Record and distribute meeting minutes
Conformed Set Contract Documents
 Load and maintain conformed set in Procore, available for viewing and download Submittal Processing
 Coordinate with Contractor and Design Engineer to establish list of required submittals  Develop submittal log within Procore
 Establish electronic workflow and tracking requirements within Procore  Route submittals to Engineer of Record for review and acceptance Task 2.0: Construction Phase
Wallace Group will provide construction management services as outlined below. This task includes preparation and attendance of up to ten (10) 1-hour virtual meetings.

Coordination of Contract Execution
 Determine mobilization schedule in conjunction with project start date  Finalize Procore systems record keeping documentation and contract administration developed in preconstruction phase
Project Communication and Coordination
 Conduct Weekly Progress (virtual) meetings with Contractor, City staff and other involved entities
 Record and distribute meeting minutes
 Provide monthly progress reports to the City
 Coordinate with utility companies and City Staff throughout the project Project Schedule
 Monitor project schedule
 Coordinate with contractor and City staff on any schedule changes and adjustments throughout the project
 Review two week look ahead schedule updates provided by the Contractor

Submittal and Request for Information (RFI) Management
 Utilize Procore to track status of and distribute to Engineer:
o Shop drawings
o Product samples
o Submittals (assume 20 Submittals)

EXHIBIT A
Packet Page 516
PP22-7512
City of Seaside
March 18, 2022

o RFIs (assume 10 RFIs)
 Ensure all submittals are processed in a timely manner and available to all necessary project stakeholders
 Maintain electronic copies within Procore and hard copies as needed

Change Order Management
 Review and qualify Contractor-requested change orders  Investigate proposed change orders and ensure City approval  Change order submittals will include documentation supporting:
o Cost Adjustments
o Schedule Adjustments
 Maintain log and track change order impacts
 Establish and maintain files and documentation for use in change negotiations or potential claims
Quantity Calculations and Progress Estimates
 Maintain quantity calculations throughout the project  Review and qualify contractor’s monthly quantity estimates for payment  Track extra quantity items
 Coordinate daily reports and quantities with Contractor’s foreman, identify and record potential disputes for future reference
 Review monthly Request for Payment, sign and recommend approval for payment to the City
 Collect daily truck and materials tickets as needed

Construction Observation/Inspection
 Provide on sight inspections and observations of approximately 2 hours average per working day for compliance with design documents. The number of observation hours per day will be adjusted based upon construction activities. Our inspection reports will include:
o Labor
o Equipment
o Weather
o Observation Notes
o Photos
 Record design modifications
Site Documentation
 Take pre-construction photos and documentation and review contractors submittal  Photos include:
o Existing conditions
o Surrounding area potentially affected by the project
 Maintain photos and documentation throughout the project Quality Assurance and Materials Testing
 Monitor material sampling and testing arranged by contractor  Sampling and testing will be in accordance with design documents  Material Testing reports and logs by others will be maintained in Procore

EXHIBIT A
Packet Page 517
PP22-7512
City of Seaside
March 18, 2022

Reporting and Record Keeping
 Daily reports and record keeping will be maintained within Procore to help ensure transparency and immediate access to all documentation throughout the project. These items include:
o Daily Reports
o Photos
o Meeting minutes
o Submittals
o Certificates of compliance
o Material testing
o Contract Change orders
Safety
 Monitor contractor’s safety practices for compliance with safety program  Utilize the following documents during field safety monitoring program:
o Construction safety orders
o Contractor safety plan
 Work with contractor to maintain and resolve any safety concerns Construction Progress Meetings
 Schedule and conduct project progress meetings
 Develop and distribute meeting agenda and minutes
 Facilitate the discussion and resolution of project issues  Additional special meetings may be required to address special issues and conditions Task 3.0: Post Construction Phase
Wallace Group will provide post-construction management services as outlined below. This task includes preparation and attendance of up to one (1) 1-hour meeting.

Final Inspection and Punch List
 Inspect complete and near complete work for deficiencies  Establish and maintain punch list and track items to resolution  Provide completed punch list documentation and report to City upon completion  Schedule final walk through with City, Engineer of Record, and Contractor Record Drawings
 Review and maintain record drawings with contractor throughout the project  Assist City and Design Engineer in review and completion of record drawings Project Closeout
 Compile records, reports, certificates, photos upon project completion  Recommend and approve final payment to contractor
 Assist with the preparation and signing of the Acknowledgement of Construction Closeout and Release of Claims form
 Closeout documentation will be delivered in digital format Post Construction Deliverables:
 Field record drawings submitted to the design consultant for preparation of record drawings
 Perform final walk-throughs with the City and Contractor  Close out files as electronic copy in pdf format

EXHIBIT A
Packet Page 518
PP22-7512
City of Seaside
March 18, 2022

SCHEDULE
We expect the tasks outlined above to be completed within six (6) months of authorization to proceed. The construction period will be 70 working days to substantial completion and 15 additional working days to reach notice of completion.

TO BE PROVIDED BY THE CLIENT
 The Plans and Specifications will be updated into conform documents by Whitson Engineers
 The Prop 1 grant administrator will provide WG with instructions on invoicing for contractor expenditures
 The Prop 1 grant administrator will provide WG with instructions on invoicing for project time and reimbursable expenditures
 Design support during construction
 Irrigation system integration and/or testing
 Geotechnical Engineer and testing services
 ADA-compliance inspection
 Client shall provide the DIR Project Number for this project. To do so, the Client will need to complete the PWC-100 form and submit to the DIR prior to the commencement of the field survey. This is required to be in compliance with State of California Prevailing Wage laws

ITEMS NOT INCLUDED IN SCOPE OF SERVICES
The following services may also benefit your project. Wallace Group can provide these services, directly or through sub-consultants, however, they are not included in the current Scope of Services or estimate of fees:
 DWR grant reporting and administration
 Construction surveys and staking
 Coordination with utilities
 Wage compliance monitoring and reporting
 Preparation of record drawings

PROJECT FEES
Wallace Group will perform the services denoted above in the proposed Scope of Services on a time and materials basis. For budgeting purposes, our preliminary estimate is that our fees will be $57,496. The breakdown of our estimated hours and cost per task are shown in the attached spreadsheet (Exhibit A). These services will be invoiced monthly on an accrued basis in accordance with the attached Standard Billing Rates (Exhibit B). Reimbursables will be invoiced as an additional cost and are included in the time and materials estimated fee amount stated above.

The estimated fees denoted in Tasks 2.0 and 3.0 above are based on prevailing wage rates. If the Client and the California Department of Labor determines that prevailing wage payments are not required, the fees for the tasks above will be adjusted and billed according to the per hour rate of the Standard Wage column on the Standard Billing Rates provided.

At your request, additional services to the Scope of Services will be performed by Wallace Group following the signature of our Contract Amendment or the initiation of a new contract.

EXHIBIT A
Packet Page 519
PP22-7512
City of Seaside
March 18, 2022

TERMS AND CONDITIONS
In order to convey a clear understanding of the matters related to our mutual responsibilities regarding this proposal, we will perform the work in accordance with mutually agreed terms based on the City of Seaside Design Professional Service Agreement. If this proposal meets with your approval, please let us know, and we will facilitate conforming a contract to the project once the City provides.

We want to thank you for this opportunity to present our proposal for construction management services. If you would like to discuss this proposal in greater detail, please feel free to contact me.

Sincerely,
WALLACE GROUP, a California Corporation TERMS AND CONDITIONS ACCEPTED:

Kari E. Wagner, PE C66026 ____________________________________ Principal Signature
612 Clarion Court ____________________________________
San Luis Obispo Printed Name
California 93401 ____________________________________
T 805 544-4011 Title
F 805 544-4294 ____________________________________
www.wallacegroup.us Date
Attachments
GGM: PP22-7512, 2021, std
Exhibit A
Exhibit B
THIS PROPOSAL IS VALID FOR 60 DAYS FROM THE DATE OF THIS DOCUMENT.

EXHIBIT A
Packet Page 520
Wallace Group Team Resource Estimate for the
Del Monte Manor Park Low Impact Development CM PRINCIPAL PRINCIPAL ENGINEER CM Director CONSTRUCTION INSPECTOR II Misc. Direct Costs TOTAL LABOR HOURS TOTAL PHASE/TASK TASK DESCRIPTION HRS HRS HRS HRS Cost HRS LABOR COST RATE $238 $228 $187 $162 $ $

1.0 Pre-Construction Phase Services 0.5 24 2 10 $70 37 $7,585 $7,655

2.0 Construction Phase 60 4 166 $1,211 230 $41,320 $42,531

3.0 Post Construction Phase 0.5 20 2 12 $105 35 $6,997 $7,102 SUB-TOTALS 1 104 8 188 $1,386 301 #REF! $57,288
WALLACE GROUP LABOR COSTS $238 $23,712 $1,496 $30,456 $55,902 WALLACE GROUP DIRECT COSTS $1,386
DIRECT COSTS OVERHEAD @ 15% $208
TOTAL $57,496
Task Budgets may fluctuate within Overall Budget
2021 Fee Template Current 2022_01_13.xlsx Summary Page 1 3/18/2022 Exhibit A
PP22-7512

EXHIBIT A
Packet Page 521
Exhibit B
Standard Billing Rates
Engineering, Design & Support Services: Prevailing Wage* Assistant Designer/Technician ......................................... $ 95 Designer/Technician I – IV ............................................ $100 - $130 Senior Designer I – III .................................................... $143 - $157 GIS Technical Specialist ................................................. $140 Senior GIS Technical Specialist ........................................ $150 Associate Engineer I – III ............................................... $ 122 - $142 Engineer I – IV ............................................................. $154 - $169 Senior Engineer I - III .................................................... $177 - $187 Director .................................................................... $192 Principal Engineer/Consulting Engineer .............................. $228 Principal ................................................................... $238 Construction Management / Field Inspection Services:

Construction Office Tech I-III .................................. ...... $ 95 - $115 Construction Inspector I - II ............................................. $120 - $135 .............. $155 - 162 Senior Construction Inspector .......................................... $147 ..................... $165 Assistant Resident Engineer I - II....................................... $147 - $152 Resident Engineer I - III ................................................. $157 - $167 Senior Resident Engineer ............................................... $175 Director .................................................................... $187 Principal Construction Manager ........................................ $228 Principal ................................................................... $238 Support Services:

Office Assistant ........................................................... $ 94 Project Assistant I – III ................................................... $ 97 - $117 Additional Professional Services:

Fees for expert witness preparation, testimony, court appearances, or depositions will be billed at the rate of $300 an hour. If required to meet schedule requests, overtime on a project will be billed at 1.5 times the employee’s typical hourly rate.

Direct Expenses:

Direct expenses will be invoiced to the client and a handling charge of 15% may be added. Sample direct expenses include, but are not limited to the following:
 travel expenses  sub-consultant services  agency fees  delivery/copy services  mileage (per IRS rates)  other direct expenses Invoicing and Interest Charges:

Invoices are submitted monthly on an accrued cost basis. A finance charge of 1.5% per month may be assessed on all balances that are thirty days past due.

Right to Revisions:

Wallace Group reserves the right to revise our standard billing rates on an annual basis, personnel classifications may be added as necessary.
*Prevailing Wage:

State established prevailing wage rates will apply to some services based on state law, prevailing wage rates are subject to change.

WALLACE GROUP 1
2021 Standard Billing Rates Amended 2021-05-07
Packet Page 522

DEL MONTE MANOR LID CM EXHIBIT C

EXHIBIT C

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

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

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

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

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

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

Umbrella or excess liability insurance. [Optional depending on limits required].

Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including Packet Page 523

DEL MONTE MANOR LID CM EXHIBIT C
commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
 A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
 Pay on behalf of wording as opposed to reimbursement;  Concurrency of effective dates with primary policies;  Policies shall “follow form” to the underlying primary policies; and  Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Other provisions or requirements
Proof of insurance. Consultant shall provide certificates of insurance to Agency as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance.

Current certification of insurance shall be kept on file with Agency at all times during the term of this contract. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

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

Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Agency will be promptly reimbursed by Consultant or Agency will withhold amounts sufficient to pay premium from Consultant payments.

In the alternative, Agency may cancel this Agreement.

Packet Page 524

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

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

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

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

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

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

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting Packet Page 525

DEL MONTE MANOR LID CM EXHIBIT C
endorsement of any kind that has not been first submitted to Agency and approved of in writing.

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

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

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

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

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

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

Packet Page 526

ON-CALL CONSULTANTS - ENGINEERING SERVICES
PROPOSAL DUE APRIL 10, 2018
The City of Seaside (City) seeks Statement of Qualifications from qualified consulting firms, teams and individual consultants to provide engineering services on an on-call basis for miscellaneous undetermined projects. The selected engineering firms may be requested to help with the design of federal, state and locally funded capital improvement projects. The City intends to select multiple consultants for a three-year period, with the option of two (2) one-year extensions through mutual consent between the City and the chosen Consultant(s). Consultants do not need to be able to provide all services described in the “Preliminary Scope of Services,” below. Selection will be based on demonstrated experience in providing cost effective professional services to public works departments.

I. BACKGROUND
The City of Seaside is located approximately 115 miles south of San Francisco and 73 miles south of San Jose. The City of Seaside encompasses a total area of approximately nine square miles and is the largest city on the Monterey Peninsula with just over 34,000 residents. The City has developed a Capital Improvement Program (CIP) annually that identifies capital improvements for government facilities, parks, storm water, transportation, water and special projects. Most project design budgets will be less than $25,000.

II. PROPOSED SCOPE OF WORK
The City will provide a request for services for each project to the consultant which may include engineering design services outlined below. The consultant will, in turn, provide a fixed fee cost estimate and scope of work based upon the requested services. Projects may cover a broad of range professional engineering services in support of CIP implementation, and possible other park improvements, Americans with Disability Act (ADA) evaluation and modifications, drainage studies and improvements, street, bicycle and pedestrian projects, and various other municipal related projects. Below is a general overview of services that may be requested.

A. Engineering Services B. Professional Services
Design, Survey and Geometrics
Pavement Evaluation and Design
Hydrology/Hydraulic Analyses
Structural Analysis and Design
Well Design and Rehabilitation
Water System Design & Rehabilitation
Value Engineering
Seismic Evaluations
Disabled Accessibility Evaluations & Mitigation
Preliminary Engineering Studies
Technical Studies & Reports
Peer Reviews
Coordination w/Other Agencies & Utilities
Constructability/Bidability Reviews
On-Call Services
Construction Phase Services
Packet Page 527
The ideal candidate has a good working knowledge of the following documents:
a. City of Seaside Capital Improvement Program (Attachment A), as may be amended.
b. California Department of Transportation Standard Plans and Specifications, 2015 or most recent edition.
c. California Manual of Uniform Traffic Control Devices (CAMUTCD), latest edition.
d. Central Coast Regional Water Quality Control Board Resolution R3-2013-0032, Post Construction Requirements for Development Projects in the Central Coast Region
III. FORM AND CONTENT OF PROPOSAL
Proposals should clearly state respondent’s qualifications. In reviewing the proposals, the City of Seaside considers the quality of the proposal to be reflective of the potential quality of the work the Consultant is able to perform. The ability of the Consultant to clearly and concisely convey information will be considered in the review process. Consultants are encouraged not to submit lengthy and overly wordy proposals.

The SOQ must be concise (maximum 10 written pages) and include, at a minimum, the following information:

A) A brief description of the consultant’s firm, including the year the firm was established, type of organization (partnership, corporation, etc.), and a statement of the firm’s qualifications for performing the subject consulting services.

B) A brief summary of the qualifications and experience of each member proposed to provide professional services.

C) A project summary list with descriptions of the proposed team’s experience. Projects showing experience on public works projects is a plus.

D) A list of references of relevant clients, including a contact person with their current telephone number and email address. At least 3 references shall be on projects listed for item C above.

E) Standard Rate Schedule
All proposing firms must be professionally engaged in the design of capital improvement projects with experience in the public sector for a minimum of five (5) years. At a minimum, Consultants must employ qualified individuals who are licensed and/or otherwise qualified in project management.

Packet Page 528
IV. QUESTIONS AND ADDENDA
Please direct any questions you may have regarding this RFQ, including any request for the City of Seaside to issue a formal written clarification or correction of a discrepancy or an omission in this RFQ, via email to:

Mr. Scott Ottmar, P.E.
[email protected]
Any request for a formal written clarification or correction of a discrepancy or an omission in this RFQ must be received by the City of Seaside per the schedule below. Any City response to such a request will be made in the form of an addendum to this RFQ and will be posted on the City’s website; www.seaside.ca.us per the schedule below. All addenda shall become part of this RFQ.

V. SUBMITTAL OF PROPOSALS
Please submit an electronic copy in Adobe ® PDF format of your Proposal, identified in the subject line as "Proposal for Engineering Design Services” no later than 4:00 p.m. Pacific Time on Wednesday, April 10, 2018.

Proposals received by the City after this deadline will not be accepted and will not be accepted if submitted by FAX. Emailed submissions cannot contain zipped files or files larger than 5 Mbytes.

All material submitted in accordance with this RFQ becomes property the City of Seaside and will not be returned.

VI. EVALUATION PROCESS
City staff will review each SOQ for completeness and content. Each SOQ will be evaluated based upon the relevant qualifications and experience of the consultant. Staff may conduct interviews if necessary. References will also be verified. The SOQ review will focus upon the following criteria:

1. Organization: Does the firm offer the breadth and quality of services required for the types of services listed in the Scope of Work?

2. Staff: Do the qualifications of key personnel to be assigned to the anticipated projects coincide with tasks listed in the Scope of Work? Do assigned personnel have requisite education, experience, and professional qualifications?

3. Experience: Has the firm demonstrated the ability to successfully provide services for projects of a similar complexity and nature as described herein?

4. Professional Standing: Are the firm’s references from past clients and associates favorable? Are deliverables submitted on time and within budget? Packet Page 529

5. Proposal: Organization, presentation, and content of proposal. Conformance to the specified proposal format.

6. Responsiveness. Ability to respond to request for service in a timely manner. Ability to attend meetings at the City of Seaside’s City Hall and performs project site inspections in a timely manner and at a fair and reasonable cost.

Proposals will be ranked on the basis of qualifications. The City of Seaside may conduct interviews with some or all of the firms who submit proposals, or it may complete its evaluation based on the proposals alone. If interviews are conducted, firms selected for interview will be contacted at that time to arrange the date and time for their interview.

VII. SELECTION PROCESS
Based on staff recommendation, the City of Seaside will consider approval of consultant(s). The City of Seaside may select up to three firms or choose to determine that no SOQ proposal exhibits adequate qualifications.

Upon the selection by the City of Seaside, consultant(s) may or may not be called upon by the City of Seaside to provide services.

VIII. SCHEDULE
The anticipated schedule for award of this project is as follows:

Release of RFQ March 20, 2018
Last Day To Submit RFI March 30, 2018
Response to RFI posted ` April 3, 2018
Receipt of Proposals April 10, 2018 at 4 PM
Interview Consultant(s), if necessary TBD (if needed)
Select Short List May 3, 2018
IX. ACCEPTANCE OR REJECTION OF PROPOSAL
The City of Seaside reserves the right to accept or reject any and all proposals. The City of Seaside also reserves the right to waive any informality or irregularity in any Proposals.

Additionally, the City of Seaside may, for any reason, decide not to award an agreement as a result of this RFQ or cancel the RFQ process. The City of Seaside shall not be obligated to respond to any proposal submitted, nor be legally bound in any manner by the submission of the proposal. The City of Seaside reserves the right to negotiate project deliverables and associated costs.

X. GENERAL DESCRIPTION OF PROPOSED AGREEMENT
Upon conclusion of the RFQ process, the City of Seaside will select a Consultant with which to enter into negotiations for the assignments described. The selected Consultant shall enter into contract negotiations with the City of Seaside in substantial conformity with the selected proposal and the form of the Consultant Agreement, which is contained in Attachment B.

Packet Page 530
XI. INSURANCE REQUIREMENTS
The selected Consultant, at Consultant’s sole cost and expense and for the full term of the Agreement or any extension thereof, shall obtain and maintain all of the insurance requirements outlined in the Consultant Agreement (Attachment B).

All policies, endorsements, certificates, and/or binders shall be subject to approval by the City of Seaside as to form and content. The selected Consultant agrees to provide the City of Seaside with a copy of said policies, certificates and/or endorsements.

The selected Consultant shall satisfy these insurance requirements prior to approval of the Agreement. Please address any issues with respect to insurance requirements in your response to the corresponding question in the RFQ.

XII. EXAMINATION OF PROPOSED MATERIAL
The submission of a proposal shall be deemed a representation and certification by the Consultant that they have investigated all aspects of the RFQ, that they are aware of the applicable facts pertaining to the RFQ process, its procedures and requirements, and that they have read and understood the RFQ. No request for modification of the statement shall be considered after its submission on grounds that the Consultant was not fully informed as to any facts or condition.

XIII. PUBLIC NATURE OF PROPOSAL MATERIAL
Responses to this RFQ become the exclusive property of The City of Seaside. All proposals received in response to this RFQ become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Consultant as business or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary.” The City of Seaside shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as “Confidential,” “Trade Secret,” or “Proprietary” or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Proprietary” shall be regarded as non-responsive.

Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City of Seaside may not be in a position to establish that the information that a Consultant submits is a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” or “Proprietary,” the City of Seaside will provide the Consultant who submitted the information with reasonable notice to allow the Consultant to seek protection from disclosure by a court of competent jurisdiction.

XIV. DISQUALIFICATION
Factors such as, but not limited to, any of the following may be considered just cause to disqualify a proposal without further consideration:

Packet Page 531
A. Evidence of collusion, directly or indirectly, by Consultants in regard to the amount, terms, or conditions of this proposal;
B. Any attempt to improperly influence any member of the selection staff; C. Existence of any lawsuit, unresolved contractual claim or dispute between Consultant and the City of Seaside;
D. Evidence of incorrect information submitted as part of the proposal; E. Evidence of Consultant’s inability to successfully complete the responsibilities and obligations of the proposal; and
F. Consultant’s default under any agreement, which results in termination of the Agreement.

XV. NON-CONFORMING PROPOSAL
A proposal shall be prepared and submitted in accordance with the provisions of these RFQ instructions and specifications. Any alteration, omission, addition, variance, or limitation of form or to a proposal may be sufficient grounds for non-acceptance of the proposal, at the sole discretion of the City of Seaside.

XVI. PROHIBITION OF GIFTS
The City of Seaside officials are subject to several legal and policy limitations regarding receipt of gifts from persons, firms, or corporations either engaged in business with the City of Seaside, or proposing to do business with the City of Seaside. The offering of any illegal gift shall be grounds to disqualify a Consultant. To avoid even the appearance of impropriety, Consultants should not offer any gifts or souvenirs, even of minimal value, to the City of Seaside officers or employees. The Consultant shall be subject to the City of Seaside’s prohibition.

XVII. NON-DISCRIMINATION/NON-PREFERENTIAL TREATMENT
The successful Consultant shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the performance of the City of Seaside contracts.

XVIII. ADDITIONAL TERMS AND CONDITIONS
The following additional terms and conditions are applicable to this RFQ process:

A. It is anticipated that the award of the Agreement resulting from the RFQ shall include terms and conditions similar to those referenced in the City of Seaside’s Standard Consultant Agreement (Attachment B). Exceptions proposed by the Consultant, if any, to the terms and conditions included in the City of Seaside’s Standard Consultant Agreement should be included in the proposal. The City of Seaside reserves the right to consider any proposal exceptions during its evaluation of the acceptability of a proposal.

Packet Page 532
B. This RFQ does not commit the City of Seaside to pay any costs incurred in the submission of the proposal or in making any necessary studies or analysis in preparation of submission of the proposal.

C. The City of Seaside reserves the right without limitation to:

1. Enter into an agreement with another Consultant in the event that the originally selected Consultant defaults or fails to execute an agreement with the City of Seaside;

2. Modify and re-issue the RFQ;

3. Take action regarding the RFQ as may be deemed to be in the best interest of the City of Seaside.

D. The City of Seaside reserves the right to verify any information provided during the RFQ process. The City of Seaside may contact references listed or any other person known to have contracted with Consultant.

E. An agreement shall not be binding or valid with the City of Seaside unless and until it is executed by authorized representatives of the City of Seaside, and of the Consultant.

F. While it is the intent of the City of Seaside is to proceed with this project, this solicitation does not obligate the City of Seaside to enter into an Agreement. The City of Seaside retains the right to cancel this RFQ at any time should the project be cancelled, the City of Seaside loses the required funding, or it is deemed in the best interest of the City of Seaside. No obligation either expressed or implied, exists on the part of the City of Seaside to make an award or to pay any cost incurred in the preparation or submission of an RFQ.

G. Failure to execute the agreement within the time frame identified above shall be sufficient cause for voiding the award.

H. Failure to comply with other requirements within the set time shall constitute failure to execute the Agreement. If the selected respondent refuses or fails to execute the Agreement, the City of Seaside may award the contract to the next qualified highest ranked Respondent.

XIX. ATTACHMENTS
A – City of Seaside Six Year Capital Improvement Program B – Professional Services Agreement
Packet Page 533

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.S.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Roberta Greathouse, Human Resources Director/Risk Manager DATE: April 21, 2022
SUBJECT: ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN

TO PROVIDE PROJECT MANAGEMENT AND DEVELOPMENT
SERVICES FOR AN AMOUNT NOT TO EXCEED $25,000.00 A

MONTH WHICH WILL BE REIMBURSED BY DEVELOPERS AS

APPROPRIATE AS PER THE DEVELOPMENT AGREEMENT

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute an amendment to the professional services agreement with Kimley-Horn to provide Project Management and Development Services support for the Campus Town Development Project and related projects for an amount not to exceed $25,000.00 a month.

BACKGROUND
Due to staff changes in the Economic Development and Community Planning Department the City of Seaside has vacancies in key roles that provide project management and oversight of major functions for the Campus Town Development Project.

The City has commenced with recruitment to fill multiple positions and hire a consultant on an interim basis to continue the City's progress on the Campus Town Project. Staff has identified one consultant, Kimley-Horn in particular, who has a unique combination of skills, knowledge, and abilities that are directly aligned to the needs of the City of Seaside for the Campus Town Development project.

With over 30 years of planning and development experience as a municipal planner, oncall consulting services to cities and private development, Elizabeth Cobb brings a broad area of expertise and experience across multiple jurisdictions – including the Monterey Packet Page 534

Item No. 8.S. Page 2 of 5
Peninsula. Ms. Cobb has a comprehensive knowledge of forward planning, entitlement, financing, and implementation. Ms. Cobb brings a unique mix of public and private experience to planning and land development services. Ms. Cobb has managed projects through predevelopment, responsible for preliminary site plans, evaluating infrastructure, site development costs and directing the entitlement process for new developments, including general plan amendments, zone changes, subdivision and CEQA compliance. Elizabeth has functioned as project level community liaison responsible for public outreach, public relations, and public hearings.

Most relevant experience, Ms. Cobb oversaw The Dunes Master Plan, within the City of Marina. The Dunes on Monterey Bay, a master-planned community developed within the city of Marina, California. The Dunes included 365,000-square-foot shopping center, neighborhood restaurants, hotels, and a movie theater, all within walking distance of new residential units. Oversaw the master plan and entitlement efforts of the Dunes, including master roadway, infrastructure and drainage plan and design (work performed by Kimley-Horn staff prior to joining the firm). Through the entitlement and initial implementation of The Dunes, Ms. Cobb developed a strong understanding of matters related to the former Fort Ord Reuse and its unique challenges.

Ms. Cobb has also acted as on-call consultant and support staff for the City of Novato as part of the Hamilton Base Reuse implementation. As part of this effort, Ms. Cobb provided services such as plan checking for public works and planning of new developments; project management of the city’s affordable housing program; and project management of the design-build for the Hamilton Fire Station. Ms. Cobb has also operated as transportation planner, supporting city staff on review of traffic studies and traffic impact fee programs.

Supplementing Ms. Cobb’s experience, is a team of civil and planning staff at KimleyHorn that have direct experience with the processing and implementation of the Monterey Peninsula projects to include: East Garrison in Monterey County, Injim Parkway Widening in the City of Marina, Ferrini Ranch for the Monterey County Resource Management Agency, Monterey Peninsula Water Supply Project for California American Water, and Monterey Peninsula Water Supply Project Pilot Plan for California American Water. Ms. Cobb and Kimley-Horn’s unique experience will be an excellent addition to the consulting line-up to help guide the City while the recruitment for more staff is underway.

The City Manager executed an agreement with Kimley-Horn to provide project management and development services support for Campus Town Development Project in the amount of $24,900 on March 3, 2022. The City continues to need the services and requested another proposal from Kimley-Horn. Staff reviewed the proposal and determined the project scope and budget are reasonable.

With the new scope, Kimley-Horn may perform the following but not limited duties Packet Page 535

Item No. 8.S. Page 3 of 5
related to the Campus Town Development Project:

Project Management
 Meeting Coordination and Project Scheduling
 Project correspondence and documentation
Final Map
 Oversight of Conformance of the Environmental Document Mitigation Measures and Tentative Map Conditions of Approval
 Subdivision Improvement Agreement Preparation
 Assistance in coordinating CFD for approval
 Assistance in land title clean-up
 Coordination for securing a right of entry license agreement with the Army  Council staff report preparation
Affordable Housing
 Coordination for identification for offsite affordable housing opportunities  Coordination with MCWD for water allocation
 Affordable housing agreement preparation
 CEQA review for compliance
 Council staff report preparation
MCWD Coordination
 Infrastructure Agreement
 Coordination and Submittal for LAFCO Annexation
Building Permits for Campus Town Phase 1A
 Planning review and General Conformance with underlying entitlements (ie.

Specific Plan, FEIR, and Associated Conditions) for City staff designee sign-off  Public Work review for city staff designee sign-off
 Model Home Review
 Code Compliance Review
 Application processing in collaboration with the City Fort Ord Building Demolition
Packet Page 536

Item No. 8.S. Page 4 of 5
 Permitting oversight and coordination of City activities  Preparation of right of entry License Agreement
 Staff support as needed
CFD
 Coordination with CFD consultants
 Council staff report preparation
 Staff support as needed
Public Easements
 Coordination with Public Works on review and approval  Coordination with the applicant and their consultant
Relocation of Fire Station No.2
 Preparation and or review of Request for Proposal of environmental and design scope of services
 Coordination with consultants and City staff
Staff recommends the City Council adopt a resolution (attachment 1) authorizing the City Manager to execute an amendment to the professional services agreement (attachment 2) with Kimley-Horn in the amount of $25,000.00 a month for up to a year.

FISCAL IMPACT
There is no fiscal impact on the General Fund for services related to City responsible Campus Town Development project efforts as the costs will be fully offset by salary savings due to currently vacant positions. There is also no fiscal impact on the General Fund for services related to KB-Bakewell responsible Campus Town Development project efforts as the costs will be funded by developer deposited funds. The services of the amendment to the contract with Kimley-Horn will be charged on time and materials basis not to exceed $25,000.00 a month.

ATTACHMENTS

1. Resolution

2. Amendment
Packet Page 537

Item No. 8.S. Page 5 of 5
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
Packet Page 538
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT WITH KIMLEY-HORN TO PROVIDE PROJECT MANAGEMENT AND

DEVELOPMENT SERVICES SUPPORT FOR THE CAMPUS TOWN DEVELOPMENT

PROJECT AND RELATED PROJECTS FOR AN AMOUNT NOT TO EXCEED $25,000.00.

WHEREAS, due to staff changes in the Economic Development and Community Development Department, the City of Seaside has vacancies in key roles that provide project management and oversight of major functions for the Campus Town Development; and
WHEREAS, the City has commenced with recruitment to fill multiple positions and hire a consultant on an interim basis to continue the City's progress on the Campus Town Project.

WHEREAS, Staff has identified one consultant, Kimley-Horn in particular that has the unique combination of skills, knowledge, and abilities that are directly aligned to the needs of the City of Seaside for the Campus Town Development project.

WHEREAS, on March 3, 2022, the City Manager approved a Professional Services Agreement with Kimley-Horn in the amount of $24,900.00 to provide project management and development services support for the Campus Town Development Project; and
WHEREAS, Kimley-horn submitted a proposal to continue to provide project management and development services support for the Campus Town Development Project and related projects for a not to exceed amount of $25,000.00 a month; and WHEREAS, Staff has determined the proposed scope of work and budget are reasonable and within the approved budget; and
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute an Amendment to the Professional Services Agreement with Kimley-Horn to continue to provide project management and development services support for the Campus Town Development Project and related projects in the amount of $24,900.00 and an additional amount not to exceed $25,000.00 a month for up to a year.

Packet Page 539
PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 21st day of April, 2022 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
Packet Page 540
Packet Page 541
Packet Page 542
City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services March 30, 2022
Submitted Electronically
Ms. Roberta Greathouse, IPMA-SCP
Acting City Manager

CITY OF SEASIDE
440 Harcourt Avenue
Seaside, CA 93955
RE: Campus Town – Project Contract Services Letter Agreement Dear Ms. Greathouse:

Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this letter agreement (the “Agreement”) to City of Seaside (“Client”) for providing project management and general civil, planning and landscape oversight for the processing of subdivision, improvement plans, building plans and associated agreements specific to the Campus Town Redevelopment Project (“Project”) and related project efforts, located on the Fort Ord Reuse Authority (FORA) property. This redevelopment project is understood to be undertaken by KBBakewell (“Applicant”) through separate agreement(s) previously negotiated and executed with the Client.

The scope of services can be generally described as follows:

SCOPE OF SERVICES
a. Kimley-Horn and Associates, Inc. (Kimley-Horn) will provide as-needed consulting services to the Client for general development services support specific to the Project and related project efforts, which can consist of: strategic planning, entitlement, State policy, CEQA and permitting guidance, review work products prepared by Client or Client’s Consultant Team (contracted separately), help direct Client’s staff in deliverable preparation, communicate with the Agencies as appropriate, and attend in-person and virtual meetings as directed by Client. See Attachment 1, “Outline of Anticipated Work Effort.” b. To fulfill this role, Kimley-Horn will require a blend of Kimley-Horn staff consisting of administrative and other professional technical support staff typical of entitlement and land development project management functions. Where reasonably applicable both junior and senior staff will be employed to execute the tasks requested.
c. Kimley-Horn consulting services will be provided by means of virtual video and tele-conference calls, email correspondence, occasional in-person meetings, such as City Council, Planning Commission or Milestone Meetings specifically directed by the Client. Consistent onsite Kimley-Horn staff is NOT anticipated for this effort. Travel time and related travel expenses for in-person meetings shall be reimbursed per the terms and conditions of this agreement.

Packet Page 543
City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services d. Kimley-Horn will rely upon Client’s staff to provide all project financial and legal analysis and directives.

This also includes preparation of review fees, development impact fees, transportation impact fees, etc. for the Project.
e. It is understood that the Client will make all decisions related to the Project, agreements with and directives to the Applicant, as well as review and approve any efforts undertaken by Kimley-Horn on their behalf. f. The Applicant shall be responsible to furnish all Project design/construction documents and reports, as required by the Client, municipal code, state and federal jurisdiction, and development agreements. KimleyHorn will rely upon the accuracy and completeness of all documents, surveys, reports, plans and specifications provided by the Client, Applicant or by others for whom the Consultant is not legally responsible. The Client acknowledges that verifying the accuracy and completeness of such items is not part of the Consultant’s scope of services.
g. Kimley-Horn shall not provide design services, direction, or construction documents for the Project, unless a separate specific Task Order agreement outlining the scope and fee for such services is issued. h. The rates provided in Attachment 2 are effective through June 2023. Subsequent rate increases will be reviewed in June of each year, starting June 2023. The actual rate increase will vary based on then current conditions.

FEE
Kimley-Horn will perform the Scope of Services described above “T&M Budget” on a labor fee plus expense basis, up to $25,000 in labor fees per month (“base monthly labor fee”). Should Scope of Services fee exceed the set per month basis, Kimley-Horn will notify the Client and determine if requested services be moved to following month, or if necessary, receive authorization to exceed the base monthly fee for defined services and estimated fee. Labor fee will be billed on an hourly basis according to our then-current rates (enclosed). Services specific to Campus Town will be invoiced separately from general consultant services related project efforts under the responsibility of the city, per direction from City staff.

As related to these as-needed tasks, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. A percentage of labor fee will be added to each invoice to cover certain other expenses such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number.

ADDITIONAL SERVICES IF REQUIRED
Should other distinct Kimley-Horn consulting services, such as preparation of civil drawings, landscape drawings, CEQA documents, marketing, etc., be requested then a separate proposal outlining these scopes of services will be prepared and presented to Client for approval. Such Additional Services, once approved by Client, will be contracted for under a separate individual Task Order.

SCHEDULE
The Client and Kimley-Horn shall mutually identify and agree on deliverable dates as reasonably applicable, with the expected time from to take through Phase IA of Campus town and into Subsequent Phases.

Packet Page 544
City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services

DELIVERABLES
Kimley-Horn will provide deliverables that coincide with the requested services, which can include entitlement summaries, environmental summaries, preliminary development schedules, checklists, reporting documents, etc.

Deliverables will be confirmed with the Client prior to initiating.

ACCEPTED
CITY OF SEASIDE KIMLEY-HORN AND ASSOCIATES, INC.

BY: BY: Nikki Kerry, P.E. (CA 58449)
TITLE: TITLE: Principal
DATE: DATE: March 30, 2022
ATTACHMENTS:

1. Outline of Anticipated Work Effort

2. Kimley-Horn Rate Schedule

Packet Page 545
City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services ATTACHMENT 1
Outline of Anticipated Work Effort

PROJECT SPECITIC, PROJECT REIMBURSEMENT

1. Project Management
a. Meeting Coordination
 Scheduling
 Meeting Notes
 Follow-up Actions
b. Project Schedule
 In coordination with City staff and Applicant prepare Master schedule for Phase 1A  Provide bi-weekly updates
 Monthly Report of Action that Occurred, Projected Actions for following Month and Critical Milestone Status
c. Project correspondence and documentation

2. Final Map
Map and improvement plans are assumed to be final and approved by staff. a. MMRP and COA General Conformance
b. Subdivision Improvement Agreement, draft in collaboration with the city for recommendation of approval
c. CFD (prepared by others) – assist in coordinating for city approval d. Applicant Cost Estimate Review
e. Title Clean-up – assist and follow-up with In-House Counsel f. License Agreement with Army – Assist staff in coordinating and documenting g. Staff Report Preparation

3. Affordable Housing
a. Coordinate with City in identifying compatible sites for off-site affordable housing b. Planning Review and recommendation approval in collaboration the City c. Coordinate with MCWD on Water Allocation
d. Affordable Housing Agreement & Reporting Process
e. CEQA review for compliance
f. Staff Report Preparation

4. MCWD Coordination
a. LAFCO Annexation
b. Infrastructure Agreement

5. Building Permits for Phase IA (KB-Reimbursement, Project Specific) a. Planning Review and General Conformance with underlying entitlements (Specific Plan, FEIR and Associated Conditions) for City staff designee sign-off  Site Plan/Plot Plan
 Architectural Plans and details
 Landscape Plans and details
b. Public Work Review for city staff designee sign-off
 Finished Grading
Packet Page 546
City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services  Infrastructure (supplemental, and in-tract)
 Landscape Improvements
 Encroachment
c. Model Home Review
d. Code Compliance Review
e. Application Processing in collaboration with the City

RELATED PROJECT EFFORTS, CITY RESPONSIBILITY

6. Demolition
a. Permitting oversight and coordination of city activities b. License Agreement, draft for in-house council
c. Staff support as needed

7. CFD
a. Coordination with CFD consultants.
b. Staff report preparation
c. Staff support as needed

8. Public Easements
a. Coordination with Public Works on review and approval b. Coordination with the Applicant and their consultant team

Packet Page 547
City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services ATTACHMENT 2
Kimley-Horn Rate Schedule
Hourly Labor Rate Schedule
Classification Rate
Analyst I $120 - $155
Analyst II $145 - $195
Professional $200 - $220
Senior Professional I $230 - $275
Senior Professional II $315 - $365
Senior Technical Support $100 - $225
Technical Support $95 - $145
Support Staff $80 - $130
Subject to annual adjustment thereafter
Internal Reimbursable Expenses will be charged at 5% of Labor Billings External Reimbursable Expenses will be charged at 15% mark-up.

Sub-Consultants will be billed per the Contract
Packet Page 548
City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services Relevant Project Experience
City of Marina, The Dunes Master Plan (Civil and Infrastructure), Marina, CA The Dunes on Monterey Bay, a master-planned community developed within the city of Marina, California. The Dunes included 365,000-square-foot shopping center, neighborhood restaurants, hotels, and a movie theater, all within walking distance of new residential units. Oversaw the master plan and entitlement efforts of the Dunes, including master roadway, infrastructure and drainage plan and design. (Work performed by Kimley-Horn staff prior to joining the firm).

East Garrison, Monterey County, CA
East Garrison is a pedestrian‐friendly, mixed‐use urban village on a 244‐acre parcel of the former military base at Fort Ord. The project embraces the principals of smart growth, sustainable development and traditional neighborhood design by providing a diverse mix of units; as well as a diverse blend of civic uses, churches, public spaces, parks and neighborhood shopping opportunities all balanced within a walkable, transit friendly setting.

As the project facilitator for the Monterey County Resources Agency, staff from Kimley‐Horn (previously with RBF Consulting) played a critical role in the reuse of the former Fort Ord Military Base by providing strategic, technical, administrative, environmental, planning and engineering services. We provided peer review of the proposed Specific Plan and EIR, Tentative Map, associated infrastructure support plans, Final Map, and improvement plans, as well as the scheduling and plan check reviews of on‐site and off‐site improvement plans and supporting technical documents, along with all related transaction agreements. During our review of the Specific Plan/EIR our role centered on the applicability, functionality and feasibility of smart growth principals, and availability of future development and infrastructure to transit, employment and shopping; site accessibility; energy efficiency and conservative strategies; use of native plant species; historic preservation; and community scale, design, diversity and agency/applicant/stakeholder collaboration.

Monterey Peninsula Water Supply Project (California American Water), Monterey, CA Controlled the project budget (approximately $2,000,000 annually), coordinating subconsultants, preparing technical memorandum as well as coordinating the design teams for CAD and GIS. The duties also included design of intake systems that utilize slant wells. The CWP will replace 10,800 afy of water currently drawn from the Carmel River with a water supply based on several potential design alternatives, including seawater desalination and Aquifer Storage and Recovery (ASR) components.

Monterey Peninsula Water Supply Project Pilot Plan (California American Water), Monterey, CA Designed a pilot desalination facility for CWP. The pilot plant is designed to demonstrate the feasibility of pretreatment and desalination with a capacity of 40 gpm. I prepared a Pilot Plant Study Plan to investigate different treatment methods and conditions to determine the optimum design criteria. Engineering duties also included coordination with the vendor contractor and other subconsultants, field inspection of the treatment skid prior to delivery, water chemistry analysis and coordination with local agencies for permitting.

Peninsula Water Supply Project Pilot Plan (California American Water), Monterey, CA Completed computer modeling of water distribution systems, identifying the necessary system improvements, and estimating future water demands for a five-year and fifteen-year capital improvement plan. The Monterey District consists of one main distribution system and several smaller satellite systems. The main system provides an average water supply of about 13.4 MGD to a population of approximately 90,000 located on the Monterey Peninsula and surrounding area.

Packet Page 549
City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services City of Marina, Imjin Parkway Widening Project, Marina, CA Imjin Parkway is a major east-west arterial within the City of Marina that connects Pacific Coast Highway (SR-1) and Reservation Road, which heads to the Salinas Valley. Due to existing and future residential and commercial land uses, the City retained Kimley-Horn to perform a feasibility study and subsequent environmental clearance and final design of Imjin Parkway from a two-lane to a four-lane facility with median islands, four modern roundabouts, dedicated bike lanes, traffic signal design, left-turn lanes, sidewalks and trails, queue jumps and transit signal priority, class I bicycle and pedestrian facility, and a separate bus corridor for a portion of the route. Additional elements included structural retaining walls, site drainage, and landscaping, which focused on green infrastructure design including stormwater retention and biotreatment basins. The project incorporated the latest roundabout and transit design elements, as well as construction traffic handling and staging. A tight regulatory environment required close collaboration to keep the project moving forward on schedule and within construction budget. This project is federally funded.

Ferrini Ranch, Monterey County Resource Management Agency, Monterey County, CA Kimley‐Horn’s Project Manager prepared this EIR for a subdivision consisting of 212 lots (146 market rate, 23 clustered and 43 inclusionary) on a challenging and hilly property along Highway 68 near Salinas. The project also included a wine tasting facility, new roadways and infrastructure, trails and approximately 600 acres dedicated to permanent open space and habitat area. Major areas of study included aesthetics and visibility from the scenic highway, water supply and hydrogeology, recreational impacts, traffic on the Highway 68 corridor, and the presence of cultural resources. This project took several years to complete as the applicant updated biology and other studies and attracted intensive public comment and scrutiny. The environmental ultimately overcame several legal challenges.

Packet Page 550
City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services Elizabeth Cobb
Planning & Development Services/Manager
Elizabeth brings nearly 30 years of policy planning expertise with a comprehensive knowledge of land use development involving acquisition, forward planning, entitlement, financing, and implementation. She brings a unique mix of public and private experience to planning and land development services. Elizabeth has managed projects through predevelopment, responsible for preliminary site plans, evaluating infrastructure, site development costs and directing the entitlement process for new developments, including general plan amendments, zone changes, subdivision and CEQA compliance.

Elizabeth has functioned as project level community liaison responsible for public outreach, public relations, and public hearings.

RELEVANT EXPERIENCE
Development Services
 The Dunes within Former Fort Ord, 200-AC Master Plan Development, Marina, CA*  Tustin Legacy Former Tustin MCAS Base, 400-AC Master Plan Development, Tustin, CA*  Oak Knoll Hospital, Mixed-Use Master Plan, Oakland, CA*  AT Dublin, 80-AC Mixed-Use Master Plan Development, Dublin, CA* Entitlement Services
 The Dunes within Former Fort Ord, Specific Plan & Entitlements, Marina, CA*  Tustin Legacy Former Tustin MCAS Base, Specific Plan, Design Guidelines & Entitlements, Tustin, CA*  Fremont & Capitol Mixed-use, Re-Entitlements, Fremont, CA*  AT Dublin, Specific Plan & Entitlements, Dublin, CA*
 Eden Shores Industrial Park, Specific Plan Amendment, Hayward, CA*  Hitachi Apartments, Entitlements for 600-unit Apartment Development, San Jose, CA*  ILARA Apartments, Entitlements for 200-unit Apartment Development, Milpitas, CA* Municipal Services
 City of Irvine Trail Master Plan Update, Irvine, CA*
 Capehart Residential, Entitlement Processing, Novato, CA*  Hamilton Affordable Housing Program, Affordable Housing Program, Novato, CA*  City of Carlsbad, City Wide Traffic Mitigation Plan, Carlsbad, CA*  City of Irvine General Plan & Circulation Element Update, Irvine, CA* *Prior to joining Kimley-Horn

EDUCATION
Bachelor of Arts, Social
Ecology, University of
California, Irvine
Associate, University of
Southern California

CERTIFICATIONS/

REGISTRATION
American Planning
Association (APA),
Member
Urban Land Institute,
Member
Packet Page 551
City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services Sarp Sekeroglu, P.E.

Water/Wastewater
Sarp has 20 years of experience in the water industry in design, project management, construction, planning, team building, and business development. His design background includes projects such as water and wastewater treatment design, system distribution wastewater collection design, preparation of water/wastewater master plans, and seawater desalination. Sarp has managed teams of junior engineers, GIS and CAD technicians, planners, subconsultants, and subcontractors.

RELEVANT EXPERIENCE
 California American Water, System Hydraulic Modeling, Monterey, CA*  County of San Diego, SR 67 30-Inch Sewer Pipeline Crossing, San Diego, CA  County of San Bernardino, Oro Grande Tank Replacement, San Bernardino County, CA  City of Beaumont, Beaumont Sewer Lift Station, Beaumont, CA  City of Escondido, Brine Pipeline, Blended Water Pipeline, and Potable Tank Design, Escondido, CA*  Rincon Indian Tribe, Potable Water Tank Design, San Diego County, CA*  Rincon Indian Tribe, Groundwater Study, San Diego County, CA*  Rincon Indian Tribe, Wastewater Master Plan, San Diego County, CA*  Rincon Indian Tribe, Irrigation System Master Plan, San Diego County, CA*  Rincon Indian Tribe, Water Master Plan, San Diego County, CA*  Rincon Indian Tribe, PRV and Meter Design, San Diego County, CA*  City of Oceanside, Chemical Feed System Review and Design at Mission Desalter, Oceanside, CA*  City of Oceanside, Flow Meter Replacement Project, Oceanside, CA*  City of San Marcos, As-Needed Engineering Services, San Marcos, CA*  City of San Marcos, Creekside Marketplace Well Replacement, San Marcos, CA*  University of California, San Diego, MARFAC Stormwater Pump Station Design, La Jolla, CA* *Prior to joining Kimley-Horn

EDUCATION
Master of Science, Civil
Engineering, San
Diego State University
Bachelor of Science,
Environmental
Engineering, Middle
East Technical
University

CERTIFICATIONS/

REGISTRATION
Professional Engineer,
California, #71474
Packet Page 552
City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services Nikki Kerry, P.E.

Senior Civil Engineer
Nikki is a professional engineer with more than 28 years of experience planning, designing, and managing construction for some of the largest development and redevelopment projects in the County of Los Angeles. Her expertise is in managing urban infill projects often involving public private partnerships with multiple agency and stakeholder coordination and consensus. As project manager, she oversees all aspects of a project and specializes in preparing complex master plans, design guidelines, environmental and regulatory approvals and seeing them through construction. Translating planning documents into implementation including CC&Rs, lease agreements, deed restrictions, and subdivision mapping makes her one of the go-to civil engineers in the region for entities like Boeing, Rocketdyne, Veterans Administration and Los Angeles County. Her unique understanding of public/private partnerships has made her one of the regions most trusted advisors.

RELEVANT EXPERIENCE
 Sony Studios Multiple Projects including, Master Plan, Master Plan Build-Out, and Utility Infrastructure Phase 2, and 10100 Culver Boulevard, Culver City, CA
 Boeing Douglas Park Multitude Projects including Master Plan, Environmental Impact Report, Design Guidelines, Infrastructure Build-Out, Tentative and Final Maps, Environmental Remediation, Boeing Enclave, Advisor to the Property Owner’s Association and Long Beach City College Alteon Building, Long Beach, CA  Harbor-UCLA Medical Center Multiple Projects including Master Plan, Master Plan Implementation, Environmental Impact Report, Backbone Infrastructure Build-Out, New Bed Tower, Outpatient Pavilion, Central Plan, and 2 Parking Structures, Los Angeles, CA  Martin Luther King Jr. Medical Center Multiple Projects including Master Plan, Environmental Impact Report, New Lab Building, Red Bag Storage, MRI Building, Hawkins Building Renovation, and Make Ready Projects, Los Angeles, CA
 Ivy Station, Culver City/Los Angeles, CA
 LAC+USC Medical Center Multiple Projects including Master Plan, Environmental Impact Report, Demolition of Women’s’ and Children’s Hospital and Make Ready Projects, Los Angeles, CA  Olive View-UCLA Medical Center Master Plan, Environmental Impact Report and Restorative Care Village, Los Angeles, CA
 VA Loma Linda Ambulatory Care Center Public Private Partnership, Loma Linda, CA  Good Samaritan Hospital Emergency Department Expansion, San Jose, CA

EDUCATION
Bachelor of Science,
Civil Engineering,
North Carolina State
University

CERTIFICATIONS/

REGISTRATION
Professional Engineer,
California, #58449
American Society of
Civil Engineers
California Board of
Professional Engineers
and Land Surveyors –
Civil Subject Matter
Expert, 1996-2010,
2013, and 2014
Packet Page 553
City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services Matt Durham, PLA, ASLA
Landscape Architect
Matt has 25 years of experience in management, planning, design, and construction oversight of a wide range of projects. Matt utilizes his leadership, management and technical background in all aspects of the profession and is committed to producing a quality product with high levels of client and team interaction. Matt’s background covers a wide range of project types from master planned communities, park systems, trail and open space planning, streetscapes, education, commercial campuses, institutional facilities, and retail destinations. His experience overseeing projects and teams from conceptualization through construction implementation is critical to achieving successful projects while maintaining strong client relationships.

RELEVANT EXPERIENCE
 City of Irvine, On-Call 5-Year Capital Improvement Projects, Irvine, CA*  Irvine Ranch Land Conservancy, The Irvine Ranch Land Reserve Comprehensive Trails and Open Space Vision Plan, Irvine, CA*
 County of Orange, Boy Scouts of America Outdoor Education Center, Irvine, CA*  County of Orange, 100 ac. Mixed Use Planning and Design Improvements, Irvine, CA*
 City of Brea, Brea Public Trails Improvements, Brea, CA*  City of Rancho Mirage, Monterey Village Community Park/YMCA, Rancho Mirage, CA*  County of San Bernardino Redevelopment Agency, Speedway Redevelopment Project Design Guidelines, Fontana, CA*
 City of Irvine, Portola Springs Community Park and Native American Center, Irvine, CA*  OCTA, Orangethorpe Corridor Grade Separation Aesthetic Guidelines, Orange, CA*  City of Irvine, Cypress Grove Public Neighborhood Park, Irvine, CA* *Prior to joining Kimley-Horn

EDUCATION
Bachelor of Science,
Landscape
Architecture, California
Polytechnic State
University, San Luis
Obispo

CERTIFICATIONS/

REGISTRATION
Registered Landscape
Architect in California
(#4840)
American Society of
Landscape Architects
(ASLA), Member
U.S. Green Building
Council – National
Capital Region,
Member
Cal Poly SLO
Landscape
Architecture
Department Advisory
Board
Packet Page 554
Packet Page 555
Packet Page 556
Packet Page 557
Packet Page 558
Packet Page 559
Packet Page 560
Packet Page 561
Packet Page 562

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.T.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Leslie Llantero, Assistant Engineer
DATE: April 21, 2022
SUBJECT: ADOPT A RESOLUTION AUTHORIZING FISCAL YEAR 2022-2023

STREET REPAIR PROJECT LIST TO BE FUNDED IN PART WITH
SB1: THE ROAD MAINTENANCE REPAIR AND ACCOUNTABILITY
ACT OF 2017 FUNDS, AND AUTHORIZING STAFF TO SUBMIT A

PROJECT LIST TO THE CALIFORNIA TRANSPORTATION

COMMISSION

RECOMMENDATION
Adopt a resolution authorizing staff to submit a SB 1 Project List to the California Transportation Commission (CTC), and authorizing the SB1 Project List to be funded in part with fiscal year (FY) 2022-23 Road Maintenance Repair and Accountability (RMRA) Revenues.

BACKGROUND
Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide.

City Council previously held study sessions on the Pavement Management Program on April 19, 2018, June 7, 2018, and July 10, 2018. Based upon Council direction to focus on upgrading major streets, staff developed preferred scenarios identifying the City’s ability to upgrade these roads using Measure X and SB1 funds. The locations were combined into a single Arterial and Collector Resurfacing Project phased over several years. Phase 3 was completed in August 2021. Due to unforeseen circumstances, four street segments were removed from the Phase 3 project; north end and south end of Fremont Boulevard, Kimball Avenue, and Wheeler Street. Staff re-packaged these Packet Page 563

Item No. 8.T. Page 2 of 2
street segments, including several dig out locations, into a FY 2021-2022 Pavement Rehabilitation Project to be constructed this fiscal year. The project will be funded through a combination of Measure X and SB1 funds.

Staff recommends that the City Council adopt a resolution approving the attached SB1 Project List in order to update the project list with the CTC for continuation of SB1 funding.

ENVIRONMENTAL COMPLIANCE
Per Title 14 of the California Code of Regulations, Chapter 3, “Guidelines for Implementation of California Environmental Quality Act (CEQA),” Article 19, “Categorical Exemptions,” Section 15301.c, “Existing Facilities”, repair, maintenance or minor alterations involving negligible or no expansion of existing or former use of "Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of safety)" are categorically exempt from CEQA (California Environmental Quality Act).“

FISCAL IMPACT
The City of Seaside RMRA revenues generated from SB1 are budgeted to be $752,794 in FY 2022-2023. The proposed project list (Exhibit A) will be partially funded from the budgeted RMRA SB1 revenues accounted for in #210-3526 and expended from budgeted amounts in account "SB1 Capital Projects (Acct # 210-8210-9577).

ATTACHMENTS

1. Resolution

2. Exhibit A - SB1 Project List
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
Packet Page 564
RESOLUTION NO. 22-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVE A RESOLUTION AUTHORIZING FISCAL YEAR 2022-2023 STREET REPAIR PROJECT LIST TO BE FUNDED IN PART WITH SB1: THE ROAD MAINTENANCE REPAIR AND ACCOUNTABILITY ACT OF 2017 FUNDS, AND

AUTHORIZING STAFF TO SUBMIT THE LIST TO THE CALIFORNIA

TRANSPORTATION COMMISSION
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Seaside (City) must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, attached hereto as Exhibit A, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvements; and WHEREAS, the City could receive an estimated $724,794 in RMRA funding in Fiscal Year 2022-2023 from SB 1; and
WHEREAS, this is the six year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities, including City Council Study Sessions, and Council’s direction to focus on upgrading major streets and roads; and.

WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate approximately 4 streets segments throughout the City as part of the FY 2021-2022 Pavement Rehabilitation Improvement Project (formerly Arterial and Collector Packet Page 565
Resurfacing Project) in fiscal year 2022-2023; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “at risk” condition and this revenue will help us improve the overall quality of our road system; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside approves a resolution authorizing Fiscal Year 2022-2023 Street Repair Project List (Exhibit A) to be funded in part with SB1: The Road Maintenance Repair and Accountability Act of 2017 funds, to allocate these funds to “SB1 Capital Project” (Acct # 210-8210-9577), and authorizing staff to submit the list to the California Transportation Commission.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 21th day of April 2022 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________________
Ian N. Oglesby, Mayor
City of Seaside
ATTEST:
_____________________________
Dominique L. Davis
City Clerk
Packet Page 566
Exhibit A: Senate Bill (SB) 1 Proposed Project List for Fiscal Year 2022-23 Title Description
New or Carried Over
Project for SB1
Reporting
Location
Estimated
Project
Completion
Est Useful
Life Min
Est Useful
Life Max
FY22/23 Estimated
SB1 Funding
FY 2021/2022 Pavement Rehabilitation
Improvements Project (formerly Arterial and
Collector Resurfacing Project)
Remove & Replace failed road sections utilzing
various treatment types selected as the best
applicable treatment. (Design)
Carried Over
North and south ends of Fremont Blvd.,
Kimball Street, Wheeler Street, and
various residential roadway sections
throughout the City
September
2023 5 30 $ 752,794.00
Total Estimated Budget: $ 752,794.00
S:\CIP\Active Projects\SB1 Projects\CTC Reporting\Project List Updates\FY 22-23 Project List Update\SB1 project-list.xlsx - SB1 FY22.23 Project List Print 4/11/2022 Packet Page 567

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.U.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Ashley Collick, Assistant City Manager
DATE: April 21, 2022
SUBJECT: ADOPT A RESOLUTION OPPOSING INITIATIVE 21-0042A1:
"THE TAXPAYER PROTECTION AND GOVERNMENT
ACCOUNTABILITY ACT"

RECOMMENDATION
Adopt a resolution opposing the Taxpayer Protection and Government Accountability Act.

BACKGROUND
On April 7, 2022, Councilmember Wizard requested that the Council support a resolution opposing Initiative 21-0042a1 "The Taxpayer Protection and Government Accountability Act".

Per the League of California Cities (CalCities), The Taxpayer and Government Accountability Act creates harmful barriers for local governments and voters who should have a voice. Essentially, the measure would establish new and stricter rules for raising taxes and fees, limit the authority of voters, and weaken the ability of government to hold violators of state and local laws accountable.

In addition to the aforementioned consequences, this measure has the potential to significantly reduce revenue for local governments, thus impacting essential services.

CalCities monitors policies coming from Sacramento and Washington on behalf of local municipalities. CalCities frequently publishes alerts when policy, legal decisions, or initiatives will greatly impact local government, positively or negatively. Recently, CalCities informed local governments of an initiative that is making headway through the ballot measure process.

Packet Page 568

Item No. 8.U. Page 2 of 3
In 2018, a ballot measure titled, “Tax Fairness, Transparency and Accountability Act” was circulated to qualify for the November 2018 ballot; however, the measure’s proponents withdrew the initiative due to immense pushback from advocacy networks.

This new initiative represents a similar, but more detrimental, effort to alter the current process of establishing local taxes and the revenues collected by municipalities to operate essential services.

The Taxpayer and Government Accountability Act, or AG# 21-0042A1, creates several consequences for local governments and local voters including, but not limited to the following:

1. Prohibits local advisory measures – inhibiting the voters’ ability to decide how tax dollars should be spent.

2. Sets new standard for fees and charges paid for the use of local and state government property. The standard may significantly restrict the amount oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations pay for the use of local public property.

3. Requires voter approval to expand existing taxes (e.g., utility user tax, use tax, hotel tax) to new territory (e.g., annexation) or expanding the base (e.g., new utility service). This would require additional tax measures and may deter annexations and land development in cities.

4. City charters may not be amended to include a tax or fee.

5. New taxes can be imposed only for a specific time period.

6. Taxes adopted after January 1, 2022, that do not comply with the new rules are void unless reenacted.

The above list is not designed to be exhaustive but rather is a representation of the contents of the measure that may directly impact the City.

If adopted, a copy of the resolution will be forwarded to [email protected].

FISCAL IMPACT
There is no fiscal impact associated with this request.

ATTACHMENTS

1. Resolution
Reviewed for Submission to the City Council by:

Packet Page 569

Item No. 8.U. Page 3 of 3
__________________________________
Roberta Greathouse, Acting City Manager
Packet Page 570
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE OPPOSING INITIATIVE 21-0042A1: THE TAXPAYER PROTECTION AND

GOVERNMENT ACCOUNTABILITY ACT
WHEREAS, an association representing California’s wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2022 statewide ballot; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources; and
WHEREAS, the measure makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and Packet Page 571
WHEREAS, the measure would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, utilities, and more.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby oppose Initiative 21-0042A1;
BE IT FURTHER RESOLVED, that the City Council of the City of Seaside will join the No on Initiative 21-0042A1 coalition, a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state.

We direct staff to email a copy of this adopted resolution to the League of California Cities at [email protected]
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 21st day of April, 2022 by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
______________________________
Sheri L. Damon, City Attorney
Packet Page 572

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.V.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Victor Damiani, Finance Director
DATE: April 21, 2022
SUBJECT: ADOPT A RESOLUTION AUTHORIZING A BUDGET AMENDMENT TO THE FISCAL YEAR 2021-2022 BUDGET INCREASING THE

TRAVEL LINE ITEM FOR COUNCIL MEMBER GARCIA-ARRAZOLA
BY AN AMOUNT NOT TO EXCEED $550.00 IN ORDER TO

ATTEND THE CALIFORNIA JOINT POWERS INSURANCE
AUTHORITY 2022 GOVERNANCE LEADERSHIP ACADEMY

RECOMMENDATION
Adopt a resolution increasing the travel line item for Council Member Garcia-Arrazola.

BACKGROUND
The fiscal year 2021-22 budget was adopted by the Seaside City Council in June of 2021. The adopted budget included $1,500.00 in travel costs for each Council Member.

In the fall of 2021, Council Member Garcia-Arrazola attended the League of California Cities conference, which consumed most of his alloted travel budget. The current amount remaining in the Council Member's travel account is $115.00. Recently, an opportunity arose for Mr. Garcia-Arrazola to attend the California Joint Power Insurance Authority (CJPIA) 2022 Governance Leadership Academy. The JPIA pays all hotel and meal costs for the duration of the Academy. The only cost required to attend is the cost of travel to and from the Academy location.

If the budget amendment is approved tonight, staff will adhere to the City's Expense and Use of Public Resources Policy Statement which was updated on June 20, 2019.

The policy is attached to the agenda item for reference.

FISCAL IMPACT
Packet Page 573

Item No. 8.V. Page 2 of 2
The cost to attend the conference is estimated to be $550.00, which will be paid from the City's anticipated Fiscal Year 2021-22 operating surplus.

ATTACHMENTS

1. Resolution

2. Expense and Use of Public Resources Policy Statement-Final.6.20.19

3. Budget Amendments FY22 as of 04.21.22
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
Packet Page 574
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING A FISCAL YEAR 2021-2022 BUDGET AMENDMENT TO INCREASE

THE TRAVEL BUDGET FOR COUNCIL MEMBER GARCIA-ARRAZOLA IN ORDER TO ATTEND THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY 2022

GOVERNANCE LEADERSHIP ACADEMY
WHEREAS, The City Council of the City of Seaside adopted the fiscal year 2021- 2022 budget on June 17th, 2021; and
WHEREAS, the fiscal year 2021-2022 adopted budget included line items for each council member travel costs in the amount of $1,500.00; and WHEREAS, Council Member Garcia-Arrazola has an opportunity to attend the California Joint Powers Insurance Authority 2022 Governance Leadership Academy; and WHEREAS, Council Member Garcia-Arrazola has insufficient travel funds remaining in the budget to pay the cost of traveling to the California Joint Powers Insurance Authority 2022 Governance Leadership Academy.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby approves a budget amendment to the fiscal year 2021-2022 budget appropriating $550.00 from the General Fund to the City Council budget to fund the travel costs necessary for Council Member Garcia-Arrazola to attend the California Joint Powers Insurance Authority 2022 Governance Leadership Academy.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 21st day of April 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:
_____________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
Packet Page 575
J:\02_CITY CLERK\100 General Subject and Reference\101-02 Policies & Procedures\SeasideTravel & Reimbursement Policy-Final.6.20.19.doc
1 CITY OF SEASIDE
Expense and Use of Public Resources
Policy Statement
Updated June 2019
I. Findings
Whereas, the City of Seaside takes its stewardship over the use of its limited public resources seriously.

Whereas, public resources should only be used when there is a substantial benefit to the City.

Whereas, such benefits include:

1. The opportunity to discuss the community’s concerns with state and federal officials;

2. Participating in regional, state and national organizations whose activities affect the City;

3. Attending educational seminars designed to improve officials’ skill and information levels; and,

4. Promoting public service and morale by recognizing such service.

Whereas, 1) legislative and other regional, state and federal agency business is frequently conducted over meals; 2) sharing a meal with regional, state and federal officials is frequently the best opportunity for a more extensive, focused and uninterrupted communication about the City’s policy concerns; and 3) daily meal expenditures must comply with the limits and reporting requirements of local, state and federal law.

Whereas, this policy provides guidance to elected and appointed officials that are members of the various legislative bodies of the City on the use and expenditure of City resources, as well as the standards against which those expenditures will be measured.

Whereas, this policy satisfies the requirements of Government Code Sections 53232.2 and 53232.3.

Whereas, this policy supplements the definition of actual and necessary expenses for purposes of state laws relating to permissible uses of public resources.

Packet Page 576
J:\02_CITY CLERK\100 General Subject and Reference\101-02 Policies & Procedures\SeasideTravel & Reimbursement Policy-Final.6.20.19.doc
2 Whereas, this policy also applies to any charges made to a City of Seaside purchasing card, cash advances or other line of credit.

Whereas, this policy also supplements the definition of necessary and reasonable expenses for purposes of federal and state income tax laws.

II. Authorized Expenses
City funds, equipment, supplies (including letterhead), titles, and staff time must only be used for authorized City business. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this policy are met:

1. Communicating with representatives of regional, state and national government on City-adopted policy positions;

2. Attending educational seminars designed to improve officials’ skill and information levels;

3. Participating in regional, state and national organizations whose activities affect the City’s interests;

4. Recognizing service to the City, e.g. a gift or celebration of a nominal value;

5. Attending City events;

6. City-related charitable events of a nominal value;

7. Implementing a City-approved strategy for attracting or retaining businesses to the City, which will typically involve at least one staff member.

8. Meals for persons with whom the official is conducting City-related business, not to exceed the daily maximum as set forth in §III (G) per person, and not including expenses for alcohol.

9. Family style food for Council Members during City Council meetings that begin and end over the duration of a meal period, when conducting city business.

All other expenditures, including international and out-of-state travel and expenses in Packet Page 577
J:\02_CITY CLERK\100 General Subject and Reference\101-02 Policies & Procedures\SeasideTravel & Reimbursement Policy-Final.6.20.19.doc
3 excess of the annual limits established for each office holder, require prior approval by the City Council at a public meeting.

Examples of personal expenses that the City will not reimburse include, but are not limited to:

1. The personal portion of any trip (including personal clothing);

2. Political or charitable contributions or events;

3. Family expenses, including partner’s expenses when accompanying official on agency-related business, as well as children or pet-related expenses;

4. Entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf related expenses), or other non-city related cultural events;

5. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline, car washes; and

6. Personal losses incurred while on City business.

Any questions regarding the propriety of a particular type of expense should be resolved by the approving authority before the expense is incurred.

III. Cost Control
To conserve City resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. In the event that expenses are incurred which exceed these guidelines, the cost borne or reimbursed by the City will be limited to the costs that fall within the guidelines, unless prior approval from the City Council is obtained at a public meeting.

A. Transportation. The most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements must be used, using the most direct and time-efficient route. Government and group rates must be used when available.

B. Airfare. Airfares that are equal or less than those available through the Enhanced Local Government Airfare Program offered through the League of California Cities (www.cacities.org/travel), the California State Association of Counties (http://www.csac.counties.org/default.asp?id=635) and the State of California are presumed to be the most economical and reasonable for purposes Packet Page 578
J:\02_CITY CLERK\100 General Subject and Reference\101-02 Policies & Procedures\SeasideTravel & Reimbursement Policy-Final.6.20.19.doc
4 of reimbursement under this policy.

C. Automobile. To ensure the most economical mode of transportation is used, a City vehicle should be used when available. If it is not feasible to use a City vehicle, automobile mileage is reimbursed at Internal Revenue Service rates presently in effect (see www.irs.gov). These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. This amount does not include bridge and road tolls, which are also reimbursable. The Internal Revenue Service rates will not be paid for rental vehicles; only receipted fuel expenses will be reimbursed.

D. Car Rental. Rental rates that are equal or less than those available through the State of California’s website
(http://www.catravelsmart.com/default.htm) shall be considered the most economical and reasonable for purposes of reimbursement under this policy.

E. Taxis/Shuttles. Taxis or shuttles fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time-efficiency.

F. Lodging.

Lodging expenses at the single room rate will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. 1) Conferences/Meetings. If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, see next section.
2) Other Lodging.

Travelers must request government rates, when available. A listing of hotels offering government rates in different areas is available at http://www.catravelsmart.com/lodguideframes.htm. Lodging rates that are equal to or less than government rates are presumed to be reasonable and hence reimbursable for purposes of this policy.

In the event that government rates are not available at a given time or in a given area, lodging rates that do not exceed the Internal Revenue Service per diem rates for a given area are presumed reasonable and hence reimbursable. If lodging rates exceed the IRS per diem rates, prior approval of the City Manager must be obtained.

Packet Page 579
J:\02_CITY CLERK\100 General Subject and Reference\101-02 Policies & Procedures\SeasideTravel & Reimbursement Policy-Final.6.20.19.doc
5 G. Meals/Incidentals
Meal expenses and associated gratuities (up to 15%) will be reimbursed at actual cost, not to exceed (amounts listed include gratuity)
Breakfast $12.00
Lunch $18.00
Dinner $36.00
The City will not pay for alcohol/personal bar expenses.

Meals and incidental expenses on travel days will be reimbursed according to the following:
• Breakfast if leave worksite/home before 6AM
• Lunch if leave worksite/home before 10 AM (day of departure) or return to worksite/home after 2 PM (day of return)
• Dinner if return to worksite/arrive home after 8 PM
Incidental expenses include fees and tips given to porters, baggage carriers, bellhops, hotel maids and stewards.

In accordance with the IRS, the City reimbursement policy is an accountable plan – reimbursements are not taxable. However, reimbursements of meals when travel does not have an overnight stay are deemed non-accountable and are subject to Federal and Medicare tax. The amount of non-accountable reimbursements will be recorded through payroll on a quarterly basis.

H. Telephone/Fax/Cellular/Internet
Officials will be reimbursed for actual telephone and fax expenses incurred on City business. Telephone bills should identify which calls were made on City business. For cellular calls when the official has a particular number of minutes included in the official’s plan, the official can identify the percentage of calls made on public business.

Officials will be reimbursed for Internet access connection and/or usage fees away form home, not to exceed $15.00 per day, if Internet access is necessary for City related business.

I. Airport Parking
Long-term parking must be used for travel exceeding 24 hours.

J. Other
Baggage handling fees of up to $1 per bag and gratuities of up to 15 percent will be reimbursed. Expenses for which City officials receive reimbursement from another agency are not reimbursable by the City of Seaside.

Packet Page 580
J:\02_CITY CLERK\100 General Subject and Reference\101-02 Policies & Procedures\SeasideTravel & Reimbursement Policy-Final.6.20.19.doc
6 K. Family Care Expenses
Reimbursement for actual family care expenses incurred in the performance of official duties.

IV. Procedure for Authorization
To obtain approval for attending meetings, conferences or other events involving overnight accommodations, the following procedures must be followed:

1. Official must complete a “Travel Request Report and Payment Authorization Form” five (5) business days in advance. This request must be forwarded to the City Manager.

2. The City Manager will review all travel requests. An approved travel request will be forwarded to the Finance Department. Unapproved requests will be returned to the official.

3. The Finance Department will verify that funds are available and that the official has no outstanding Travel Expense Reports due from prior travel.

If funds are not available or there are outstanding Travel Expense Reports, the request will be returned to the City Manager detailing the reason the request is being returned. If funds are available, the request will be processed.

4. After travel has been authorized, the hotel and training expenditures can be paid via check or Calcard. Meals and incidentals paid by traveler will be reimbursed upon return from travel.

5. Within ten (10) business days after returning from travel, the official must complete the Travel Expense Report in accordance with §VI below. The Travel Expense Report shall be submitted to the Department Head for review and approval of reimbursement. The Travel Expense Report shall be audited by the Finance Department for accuracy and proper receipts.

The official shall be contacted to resolve any discrepancies.

6. Any meal expenditures that were paid by Calcard and exceed individual meal amounts must be returned to the City treasury within ten (10) business days of the official’s return, along with an expense report and receipts documenting each meal in compliance with this expense policy.

Packet Page 581
J:\02_CITY CLERK\100 General Subject and Reference\101-02 Policies & Procedures\SeasideTravel & Reimbursement Policy-Final.6.20.19.doc
7 V. Expense Report Content And Submission Deadline
All expense reimbursement requests must be submitted on an expense report form provided by the City.

Expense reports must document that the expense in question met the requirements of this policy. For example, if the meeting is with a legislator, the local agency official should explain whose meals were purchased, what issues were discussed and how those relate to the City’s adopted legislative positions and priorities.

Officials must submit their expense reports within 10 business days of an expense being incurred, accompanied by receipts documenting each expense. Restaurant receipts detailed with actual items purchased, in addition to any credit card receipts, are also part of the necessary documentation. Inability to provide such documentation in a timely fashion may result in the expense being borne by the official.

In the event City Manager is uncertain as to whether a request complies with this policy, such individual must seek resolution from the City Council.

VI. Audits Of Expense Reports
All expenses are subject to verification that they comply with this policy.

VII. Reports To The Legislative Body
At the following City legislative body meeting, each official shall briefly report on meetings attended at City expense. If multiple officials attended, a joint report may be made.

VIII. Compliance With Laws
City officials should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the Public Records Act.

IX. Violation Of This Policy
Use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the City, 3) the agency’s reporting the expenses as income to the official to state and federal tax authorities, 4) civil penalties of up to $1,000 per day and three times the value of the resources used, and 5) criminal prosecution for misuse of public resources.

Packet Page 582
J:\02_CITY CLERK\100 General Subject and Reference\101-02 Policies & Procedures\SeasideTravel & Reimbursement Policy-Final.6.20.19.doc
8 Packet Page 583
Aprroval Date Aprroval Date
Projected Surplus $ 4,093,106.00 3/15/2022 Projected Unassigned Fund Balance $ 12,266,836.00 3/15/2022 Less: Less:

MCWD Application (40,000.00) 8/19/2021 Highland Otis Park (62,669.00) 8/19/2021 Forklift (35,027.00) 9/2/2021 Ellis Park (390,818.00) 10/7/2021 Disaster Kleenup (50,000.00) 10/7/2021 Parking Lot (1,240,000.00) 10/7/2021 Parking Enforcement Vehicle (80,525.67) 11/4/2021 Laguna Grande Improvements (55,100.00) 11/18/2021 Façade Improvements (150,000.00) 9/13/2021 Fire Station #1 improvements (paint, doors, etc) (329,761.30) 12/16/2021 Increase CSS grant (105,459.00) 12/2/2021 Del Monte Manor L.I.D. Improvement Project (290,000.00) pending Increase City Attorney - personnel budget (16,721.75) 12/2/2021 Hdl - cannabis audit and consulting (75,000.00) 12/2/2021 CA Consulting - Grant Writing Support (60,000.00) 2/3/2022 Mid Year Adjustments (2,229,997.00) 3/15/2022
CM Garcia-Arrazola additional travel request (550.00) pending Less:

Operating surplus/ (deficit) 1,249,825.58
Running total surplus/ (deficit): $ 1,249,825.58 Running total, Unassigned Fund Balance: 11,148,313.28 Notes: Operating deficits are paid from unassigned fund balance.

Use of unassigned fund balance will also impact the 5 year forecast presented at the time of budget adoption.

Operating Budget Capital Budget/Unassigned Fund Balance City of Seaside
FY 22 Running Budget totals - budget amendments
As of 04/21/2022
Packet Page 584

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.W.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: April 21, 2022
SUBJECT: ADOPT A RESOLUTION APPROVING AMENDMENT NO.2 TO THE

PROFESSIONAL SERVICE AGREEMENT WITH THE WALLACE

GROUP TO PROVIDE EXPANDED CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES FOR THE FIRE

STATION UPGRADES PROJECT FOR AN AMOUNT NOT TO
EXCEED $45,661.00, AND APPROPRIATING $50,227.10 FROM

THE GENERAL FUND TO THE PROJECT

RECOMMENDATION
Adopt a resolution authorizing the City Manager to authorize amendment No. 2 to the professional service agreement with the Wallace Group to provide expanded Construction Management and Inspection Services for the Fire Station Upgrades Project for an amount not to exceed $45,661.00, and appropriating $50,227.10 from the General Fund to the Project.

BACKGROUND
The Fire Station Upgrades Project (Project) includes the abatement of the exterior paint and texture coating, removal of dry rot and damaged siding, installation of new siding, removal of six existing bay doors and associated equipment, installation of six new overhead bay doors with associated electrical, plumbing modifications, and new paint on the exterior of the building.

On June 17, 2021, Wallace Group (Wallace) entered into a professional services agreement with the City for project management services for the Project in the amount of $24,500.00. Wallace developed the plans and technical specifications, complied the bid documents, conducted a mandatory pre-bid site conference with potential bidders, prepared addendums, and summarized the bids.

Packet Page 585

Item No. 8.W. Page 2 of 4
On December 16th, the City Council awarded a construction contract to 101 Builders Inc. for an amount not to exceed $679,572.00 including $88,640.00 contingency, and approved a budget amendment for a revised project budget of $795,761.00.

Construction of the Project requires daily oversight of the contractor. The City does not have the personnel resources to support the Project at this time. On January 6, 2022, the City Council awarded an amendment in the amount of $41,689.00 including contingency to Wallace Group professional services agreement to provide construction management and inspection services. The services include pre-construction coordination, submittal review, contractor coordination, response to contractors' request for information, processing of change order requests, quantity calculations, progress estimates, daily inspections, site documentation, material testing coordination, and project close out.

The contractor is currently working on removal and abatement of asbestos containing material (ACM) coating that had failed and interior utility relocation. They are anticipating the ACM work will be completed by approximately April 29, 2022.

The Project work is being performed in phases to accommodate the delay due to long lead time for delivery of the equipment bay doors. The first phase is removal of ACM and defective siding, and relocation of utilities inside the building to accommodate the new bay doors. The first phase is expected to be completed on about May 6, 2022.

The removal of asbestos containing material (ACM) coating and siding on the Fire Station building exterior revealed several defects that need to be addressed to prevent future problems due to potential water intrusion into the building structure. In addition, the grinding of the exterior ACM coating caused some impact and deep swirl marks on the concrete surface below it. Wallace Group can retain Wald Ruhnke & Dost Architects LLP and Central Coast Civil & Structural Engineering, Inc. to provide architecture and structural services, respectively, as subconsultants under their contract. These services, and additional services outlined below, could be provided under amendment no. 2 to the existing contract with Wallace Group for an amount not to exceed $45,661.00.  Provide recommendations and specifications for the construction contractor to use when replacing existing defective construction, including replacing/repairing the structural damage at the front of the building.
 Additional Construction Meetings - The existing construction management scope includes six construction meetings. Wallace Group has facilitated thirteen construction meetings to date. The proposed professional services agreement amendment allows for thirty (30) additional construction meetings.  Additional Coordination with Contractor - The existing construction management scope includes 177 hours of professional services. Wallace Group has expended approximately 110 hours to provide site inspections, manage submittals and RFIs from the contractor and provide additional oversight to ensure that the project is Packet Page 586

Item No. 8.W. Page 3 of 4
being performed correctly for the unforeseen conditions: water damage, damage to structural elements, and finish to the building exterior. The proposed professional services agreement amendment allows for up to an additional 60 hours of professional services.

ENVIRONMENTAL COMPLIANCE
Pursuant to preliminary review of the activities associated with this Council action in accordance with Section 15061 of the California Environmental Quality Act (CEQA) Guidelines, this project is Categorically Exempt (Class 1, Existing Facilities). The Project repairs and performs minor upgrades to the existing building and involves negligible or no expansion of use.

FISCAL IMPACT
At the December 16th meeting, the City Council approved a budget amendment revising the total project budget for the Fire Station Upgrades Project to $795,761.00.

At the January 6, 2022 meeting, the City Council authorized the City Manager to execute an amendment to the professional services agreement with Wallace to perform construction management and inspection services for the Project for a not to exceed amount of $41,689.00, and to approve an additional 10% of the contract amount for contingency bringing the total to $45,858.00 for construction management and inspection services.

Amendment no. 2 to the professional services agreement with Wallace to perform expanded construction management and inspection services due to unforeseen conditions is for an amount not to exceed $45,661.00. In addition, a construction agreement contingency of 10%, or $4566.10, is required for expenses for additional unforeseeable issues that may arise during construction. Based upon the services necessary for the project and contingencies, an additional amount of $50,227.10 is needed to complete the project, resulting in a revised project budget of $845,988.10.

Additional construction will be needed to address the condition of the concrete surface after the ACM coating grinding, the water damage, and damage to structural members.

Staff will request additional funds if these costs exceed the previously authorized construction funds.

Staff recommends adopting a resolution (Attachment 1) authorizing the City Manager to execute amendment No. 2 (Attachment 2) to the professional service agreement with Wallace Group for an amount not to exceed $45,661.00 to provide expanded construction management and inspection services for the Fire Station Upgrades Project, appropriating $50,227.10 from the General Fund for the Project and amending the Packet Page 587

Item No. 8.W. Page 4 of 4
Fiscal Year 2021/2022 budget.

ATTACHMENTS

1. Resolution

2. Amendment No. 2
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
Packet Page 588
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE AUTHORIZING AMENDMENT NO. 2. TO THE PROFESSIONAL SERVICES

AGREEMENT WITH WALLACE GROUP TO PROVIDE EXPANDED

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE FIRE STATION UPGRADES PROJECT FOR AN AMOUNT NOT TO EXCEED $45,661.00, AND APPROPROPRIATING OF $50,227.10 FROM THE GENERAL FUND TO THE

PROJECT
WHEREAS, the Fire Station Upgrades Project (Project) is adopted in the fiscal year 2021/2022 Capital Improvement Program (CIP) annual budget; and WHEREAS, the Project includes the abatement of the exterior paint and texture coating, removal and dry rot and damaged siding, installation of new siding, removal of six existing bay doors and associated equipment, installation of six new overhead bay doors with associated electrical, plumbing modifications and new paint on the exterior of the building; and
WHEREAS, The Wallace Group (Wallace) is on the City approved list of design consultants to perform professional and technical services for implementation of the CIP; and
WHEREAS, on June 17, 2021, the City approved a professional services agreement with Wallace in the amount of $24,500.00 to develop project plans and technical specifications, and to perform project management services for the Project; and WHEREAS, on December 16th, the City Council approved a budget amendment revising the total Project budget to $795,761.00 and awarded a construction contract to 101 Builders Inc. to construct the Project; and
WHEREAS, the Project requires daily inspections, support to review submittals and respond to request for information submitted by the contractor during construction and the City does not have the staffing resources to support this project; and WHEREAS, on January 6, 2022, the Council approved an amendment to the professional services agreement with Wallace to perform construction management and inspection services for the Project from pre-construction through project closeout in the amount of $41,689.00 including 10% contingency; and
Packet Page 589
WHEREAS, the removal of the asbestos coating material (ACM) coating and siding of the Fire Station building exterior revealed several defects that need to be addressed including finish to the concrete surface underneath the ACM coating, water damage, and damage to structural members; and
WHEREAS, the services of architect and structural engineering subconsultants are necessary and can be provided under the Wallace professional services agreement; and
WHEREAS, Wallace has expended a significant amount of hours of construction management and inspection services under their professional services agreement due to the several issues that have arisen during the construction to date; and WHEREAS, Wallace submitted a proposal to perform expanded construction management and inspection services for the Project in the amount of $45,661.00; and WHEREAS, proposed scope of work and budget are reasonable and within the approved revised Project budget.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute an amendment no. 2 to the professional services agreement with Wallace Group to perform expanded construction management and inspection services for the Fire Station Upgrades Project for an amount not to exceed $45,661.00; and
BE IT FURTHER RESOLVED that the City Council of the City of Seaside authorizes the City Manager to execute up to an additional 10% contingency for written amendments and extensions such that the full value of the amendment does not exceed $50,227.00.

BE IT FURTHER RESOLVED, that the City Council of the City of Seaside approves a fiscal year 2021/2022 budget appropriation in the amount of $50,227.00 from the General Fund to the Fire Station Upgrades Project (344-8910-9556), such that the revised Project budget is $845,998.10, and directs the Finance Director to make appropriate budget adjustments; and
PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 21st day of April, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

Packet Page 590
NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
Packet Page 591
CONTRACT AMENDMENT #2

PROFESSIONAL SERVICES
City of Seaside

Date: April 12, 2022 Change Requested by: _X_ City/District _ _ Consultant Contract Date Project Name
___06/17/2021__ ___Fire Station Upgrades Project Management Services To (Consultant): The Wallace Group, 612 Clarion Court, San Luis Obispo, CA 93401 You are directed to make the following changes to the Contract Documents or amend the following described work not included in the contract documents for this project.

The purpose of this addendum is to provide additional professional services related to the project named above. The contract terms and conditions shall not be modified except for as stated herein.

MODIFY the following text in Section 1, “Term.”
This Agreement shall commence on the effective date above and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2023 unless sooner terminated pursuant to the provisions of this Agreement.

MODIFY the following text in Section 2, “Services.”
Consultant shall perform the tasks described and set forth in Exhibit A, A1 and A2 attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A, A1, and A2.

MODIFY the following text in Section 22, “Contents of Request for Proposal and Proposal.” Consultant is bound by the contents of City's Request for Proposal, Exhibit "D" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit A, A1 and A2 attached hereto.

Original Contract
Amount
Previous CCO Total (Not
including this
Amendment)
This
Amendment
Total
Revised Contract
Amount
$24,500.00 $41,689.00 $45,661.00 $111,850.00
Original Contract
Time
Original Completion Date
Days To Date
(Including This
Amendment)
Revised Completion
Date
12 Months June, 30, 2022 365 June, 30, 2023
Packet Page 592
Packet Page 593

CONTRACT AMENDMENT
Project Name: City of Seaside Fire Station Upgrades CA No. 02 Client Name: City of Seaside Project/Phase No. 1284-0017-00600 Attention: Nisha Patel Date: April 13, 2022
Address: 1635 Broadway Ave, Seaside, CA
Wallace Group requests the Client’s authorization to proceed with revisions to the contract agreement for the above referenced project as herein described. Approval below incorporates this document as a part of the original contract signed June 17, 2021. If approved, please return one signed original Contract Amendment to Wallace Group.

Description and Purpose of the Revision(s)
The removal of Asbestos Containing Material (ACM) coating and siding on the Fire Station building exterior revealed several defects that need to be addressed to prevent future problems due to potential water intrusion into the building structure. Wallace Group will retain Wald Ruhnke & Dost Architects LLP and Central Coast Civil & Structural Engineering, Inc. to provide architecture and structural details, respectively, for contractor use when replacing existing construction.

Wallace Group is also requesting a budget amendment to allow for the following:
 Additional Construction Meetings – The original project scope includes 6 construction meetings.

The project is approximately 30% complete and WG has facilitated 12 construction meetings to date. This CA budget allows for thirty (30) additional up to 1-hour construction meetings.  Additional Coordination with Contractor - The project scope includes 177 hours of professional services. The project is approximately 30% complete and WG has expended approximately 110 hours to provide site inspections, manage submittals and RFIs from the Contractor and provide additional oversight to ensure that the project is being performed correctly for the following unforeseen conditions.
o Clearance issues with existing utilities to proposed bay doors o Water Damage
o Damage to structural elements
o Finish to building exterior after abatement
This CA budget allows for up to sixty (60) additional hours of professional services for addressing issues outlined above.
 Coordination with Consultants – The project scope did not anticipate water damage to the building. Wallace Group will provide oversight for the subconsultants to address water damage repairs. This CA budget allows for up to twenty (20) additional hours of professional services for coordinating with the subcontractors listed above.

EXHIBIT A2
Packet Page 594
CA #2 1284-0017
City of Seaside
April 13, 2022

Revision(s) Represent: Revision(s) Fee:
( ) a change in previous instructions ( ) hourly (time & materials) $ (x) a change in Scope of Services ( ) progress billing: $ ( ) other: (x) not-to-exceed w/o authorization: $45,661.00 Revision(s) will be invoiced as:
(x) increase to an item within the existing contract
( ) a new item added to existing contract
Issued by,
WALLACE GROUP, a California Corporation APPROVED BY CLIENT:

Kari E. Wagner, PE C66026 ____________________________________ Principal Signature
612 Clarion Court ____________________________________
San Luis Obispo Printed Name
California 93401 ____________________________________
T 805 544-4011 Title
F 805 544-4294 ____________________________________
www.wallacegroup.us Date
EXHIBIT A2
Packet Page 595
Wallace Group Team Resource Estimate for the
Seaside Fire Station Improvments BUDGET SUMMARY PRINCIPAL SENIOR CONSTRUCTION INSPECTOR PROJECT ASSISTANT III WRD CCC&SE Misc. Direct Costs TOTAL LABOR HOURS TOTAL PHASE/TASK TASK DESCRIPTION HRS HRS HRS HRS HRS Cost HRS LABOR COST RATE $238 $145 $117 $ $
00600 CM - Construction 115 60 175 $36,070 $36,070
00601 WRD $5,000 $5,000
00602 CCC&SE $3,340 $3,340
SUB-TOTALS 115 60 175 #REF! $44,410
WALLACE GROUP LABOR COSTS $27,370 $8,700 $36,070

WALLACE GROUP DIRECT COSTS
SUBCONSULTANT DIRECT COSTS $5,000 $3,340 $8,340
DIRECT COSTS OVERHEAD @ 15% $1,251.00
TOTAL $45,661
Task Budgets may fluctuate within Overall Budget
2021 Fee Template Current 220408.xlsx Summary Page 1 4/18/2022 EXHIBIT A2
Packet Page 596
April 7, 2022
Rick Riedl
Principal Engineer
Wallace Group
201 John St., Suite H
Salinas CA 93901
831-772-5263
Re: Seaside Fire Department
1635 Broadway Ave, Seaside, CA 93955
WRD Project No: 22069
Dear Rick:

Thank you for allowing Wald, Ruhnke & Dost Architects, LLP (WRD) the opportunity to provide architectural and design services for the above referenced property. This proposal and the attached Terms and Conditions set forth our understanding of the nature and scope of the services to be performed and the fees we will charge for this service, as well as outline the responsibilities of the parties involved to ensure that WRD services are performed under mutually agreeable objectives.

PROJECT DESCRIPTION
Provide on behalf of Wallace Group architectural services related to the existing Fire Station building where elements are currently being removed and replaced in a Wallace Group led renovation project for the City of Seaside.

Architectural services to include observation of existing conditions and the provision of architecture details for contractor use when replacing existing construction, including but not limited to, exterior and roof roofing, water resistant barrier, flashing, cladding and finish details. No architectural services related to the building interior is necessary. It is assumed all detailing will be generally for “replace in kind” work and drawing prepared by WRD will be issued as supplemental instruction by the Wallace Group and will not require review by the City.

EXCLUDED ITEMS
 Services other than identified above
 Structural or Mechanical Engineering
 Permit Drawings
 Government agency fees
 Reproductions / reimbursable expenses
FEE
The above services can be provided for the following fee:

Total: Hourly, not to exceed $5,000
2340 Garden Road
Suite 100
Monterey, CA
93940-5347
T: (831) 649-4642
F: (831) 649-3530
www.wrdarch.com
Wallace Group

EXHIBIT A
EXHIBIT A2
Packet Page 597
WRD # 22069
4/7/22

ADDITIONAL SERVICES
Additional services can be provided at our billable rates in effect at the time services are rendered. (See attached rate sheet for our current rates.)

AGREEMENT TERMS
The following Terms and Conditions shall be incorporated into the architectural fee proposal and become effective upon proceeding with the Scope of Work.

If you have any questions, please contact Lou Bartlett at (831) 649-4642.

Sincerely, Approved by:

Wald, Ruhnke & Dost Architects, LLP
Henry Ruhnke
Principal Client
Mla
Attachments Date
Architects are licensed and regulated by the California Architects Board located at 2420 Del Paso Road, Suite 105, Sacramento, CA 95834.

Effective October 1, 2021
Office Personnel Hourly Rates:

Principals $240 - 260
Project Architects/Managers $190 - 200
Construction Managers $175 - 190
Job Captains $160 - 185
Interior Designers $160 - 175
CAD Technicians $140 - 150
Administrative Assistants $100 - 120
Specialty Services Hourly Rates:

Expert Witness $375
EXHIBIT A2
Packet Page 598
WRD # 22069
4/7/22

Reimbursable Expenses:

Travel
Mileage Current Federal Rate
+15%
In House Charges
B&W prints/copies - Letter/Legal $ 0.25 per page
B&W prints/copies - Ledger $ 0.65 per page
Color prints/copies - Letter/Legal $ 0.80 each
Color prints/copies - Ledger $ 1.65 each
Fax Charges $ 0.50 per page
Comb Binding /Binders $ 6.00 each
Printing & Plotting
Bond 24” X 36” $ 3.50 per sheet
Bond 30” X 42” $ 4.50 per sheet
Color 24” X 36” $10.00 per sheet
Color 30” X 42” $14.00 per sheet
Scanning
8½” X 11” - Letter/Legal $ 0.55 per sheet
11” X 17” - Ledger $ 0.55 per sheet
24” x 36” $ 8.50 per sheet
30” x 42” $12.50 per sheet
Other Charges
Consultant charges are billed at cost, plus fifteen (15%) percent.

Outside reproduction charges, government agency fees, postage, phone charges, travel, and related reimbursable expenses are billed at actual face value of the invoice, plus fifteen (15%) percent.

Staff travel time is billed at the office personnel hourly rates.

Fees subject to change

WALD, RUHNKE & DOST ARCHITECTS, LLP TERMS AND CONDITIONS The following Terms and Conditions shall be incorporated into Wald, Ruhnke & Dost Architects, LLP’s (“WRD”) Fee Proposal and become effective upon proceeding with the Scope of Work:

1. WRD is an independent contractor and shall not be liable for the acts of Client or its agents in performing Work.

2. WRD’s services and work product for the Project are intended for the sole benefit of Client and are not intended to create any third-party rights or benefits.

3. The services shall be performed in a manner consistent with that level of skill ordinarily exercised by other professional Architects for similar projects under similar circumstances. No other representations to Client, express or implied, and no warranty or guarantee is included or intended in this Agreement or WRD’s Work Product, opinion, or otherwise. Client understands and acknowledges that each project is different, and there will always be revisions and clarifications in plans and specifications as a project proceeds which may have cost and schedule impacts.

4. Neither party may assign any portion of this Agreement or any rights hereunder without the written consent of the other.

5. All tracings, calculations, and other original documents produced by WRD for the Project (“WRD’s Work Product”) are instruments of services and shall remain the property of WRD, except where by law or governmental requirement or prior agreement, all or some portion of WRD’s Work Product becomes property of Client. Upon payment of WRD’s fees and costs as provided in this Agreement, Client shall receive the limited right to use WRD’s Work Product solely for the specific Project covered by this Agreement.

EXHIBIT A2
Packet Page 599
WRD # 22069
4/7/22

6. In the event Client elects to reduce WRD’s scope of services, Client hereby agrees to release, hold harmless, defend, and indemnify WRD from any and all claims, damages, losses, or costs associated with or arising out of such reduction in services.

7. Client and WRD agree that inspection, maintenance, and normal repair are the exclusive obligations of the owner of a structure. WRD shall have no responsibility for the inspection, maintenance, and normal repair of any portion of the Project, or for damages arising out of the failure to inspect, maintain, or repair the Project.

8. If Client fails to pay due amounts within fifty (50) calendar days of the date of the invoice, WRD may, at any time and without waiving any other claim against Client and without incurring any liability whatsoever to Client or others, suspend or terminate this Agreement. Service charges of 1.5% per month shall accrue on all unpaid invoice amounts sixty (60) days after date of invoice unless prior arrangements have been made.

9. If Client objects to any portion of an invoice, Client shall notify WRD in writing within ten (10) calendar days of receipt of such invoice. Client shall identify the specific cause of the disagreement and shall pay when due that portion of the invoice not in dispute. Service charges of 1.5% per month (18% annum) shall be paid by Client on all disputed invoiced amounts resolved in WRD’s favor and unpaid for more than sixty (60) calendar days after date of submission. Client may not backcharge or withhold payment from WRD as an offset to damages or construction costs except to the extent the fees at issue were deficient. Payment is due regardless of suspension or termination of the Agreement by either party.

10. In the event legal action is necessary to enforce the payment provisions of this Agreement, WRD shall be entitled to collect from Client, in addition to any judgment or settlement sums due, all attorneys’ fees, Court costs up to a maximum of Fifty Thousand Dollars ($50,000) and expenses incurred by WRD in connection therewith and, in addition, the reasonable value of WRD’s time and expenses spent in connection with such action, computed at WRD’s prevailing fee schedule and expense policies. All such claims shall be adjudicated in the County of Monterey, State of California.

11. Client recognizes that contractor and subcontractors will be in control of the Project site and exclusively responsible for construction means, methods, schedule, and jobsite safety. Client shall require all contractors and subcontractors to defend, indemnify, and hold harmless Client and WRD from any and all claims, losses, suits, damages, and liabilities, including attorneys’ fees and costs, arising in any way from such contractors’ or subcontractors’ services or work product, except to the extent caused by WRD’s sole negligence or willful misconduct. In support of this obligation, Client shall require all contractors and subcontractors to include Client and WRD as additional insureds under its insurance policies applicable to the Project. WRD shall not be responsible for damages, losses, costs, or claims caused by contractors or subcontractors, except to the extent caused by WRD’s sole negligence.

12. Where Client has directly retained other consultants, Client agrees that it shall not seek to hold WRD responsible for errors, omissions, or other wrongful acts of such other consultants except to the extent of WRD's proportionate responsibility for such claims, damages, or losses, or to the extent subconsultants’ insurance and other resources are inadequate to respond to the claim. Client shall also require all such consultants to appropriate professional and general liability insurance.

13. WRD does not guarantee that proposals, bids, or actual costs will not vary from cost opinions, evaluations or studies prepared by WRD.

14. When applicable per the Scope of Work, Construction Support services performed by WRD shall be performed solely for the purpose of assisting in quality control and general conformance with contract drawing and specifications. By providing such services, WRD does not guarantee contractor’s performance. Such services are not intended to create rights of or benefits to the contractor.

15. WRD shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to hazardous materials in any form at the Project site including, but not limited to, asbestos, asbestos products, PCBs or other toxic substances.

16. WRD agrees to put forth its professional efforts to perform its services in a manner consistent with the agreed-upon schedule. WRD is not responsible for delays in Client’s planning or construction schedules, failure of Client to furnish timely information or documents, or to approve or disapprove WRD work promptly, by reason of delay or faulty performance by Client, other contractors or governmental agencies, or any other causes beyond WRD’s reasonable control.

17. In the event of suspension of work on the Project, in excess of fifty (50) days, Client will be subject to a remobilization fee to reengage team members on the Project. This remobilization fee will be equal to 20% of the remaining fee on the contract.

18. Either WRD or Client may terminate this Agreement at any time, with or without cause, upon giving the other party ten (10) calendar days' prior written notice. Upon such termination, WRD shall submit a EXHIBIT A2
Packet Page 600
WRD # 22069
4/7/22

request for payment for all services rendered and all costs incurred up to the date of termination. Client shall, within ten (10) days of receiving WRD’s request for payment, pay WRD’s unpaid fees and costs in accordance with the compensation provisions of the Agreement.

19. Client shall indemnify, defend and hold WRD harmless from all claims, damages, losses and expenses (including reasonable attorneys’ fees) arising from the Project, except to the extent such claim, damage, loss or expense is caused by the negligent act, omission, and/or strict liability of WRD, anyone directly or indirectly employed by WRD, or anyone for whose acts WRD is liable.

20. In recognition of the relative risks, rewards and benefits of the Project to both Client and WRD, the risks have been allocated such that Client agrees, to the fullest extent permitted by law, to limit the liability of WRD, its employees and consultants, to Client and all others for any and all injuries, claims, losses, expenses, damages or claim expenses, including attorneys’ fees and costs and expert witness fees and costs, arising out of this Agreement or the Project so that the total aggregate liability of WRD to Client and all others shall not exceed the lesser of Fifty Thousand Dollars ($50,000) or the fee received to a maximum of Two Hundred Fifty Thousand Dollars ($250,000). It is intended that this limitation will apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.

Such causes include, but are not limited to, WRD’s negligence, errors, omissions, strict liability, breach of contract, or breach of warranty.

21. In no event shall WRD be liable for consequential damages including, without limitation, loss of use or loss of profits incurred by Client, regardless of whether such claim is based upon alleged breach of contract, willful misconduct or negligent act or omission, whether professional or nonprofessional.

22. This Agreement contains all terms and conditions agreed on by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. No change, modification, or amendment to this Agreement will be valid unless agreed to by both of the parties hereto in writing.

23. Any provision or part of this Agreement held to be void or unenforceable under any law shall be deemed stricken and all remaining provisions shall continue to be binding upon the parties.

EXHIBIT A2
Packet Page 601

CENTRAL COAST

CIVIL & STRUCTURAL
ENGINEERING, INC.
536 Abrego Street
Monterey, California 93940
April 10, 2022
Wallace Group
Rick Riedl, PE
612 Clarion Court
San Luis Obispo, California 93401
Re: Proposal and Contract for Structural Engineering Services – Seaside Fire Department Beam Repair – 1635 Broadway Ave, Seaside, CA 93955 APN 012-653-001
Dear Rick:

We are pleased to present this proposal to prepare structural repair construction documents for the subject project. This proposal and acceptance represent the entire understanding between the parties concerning this project. The project consists of the below Scope of Work at the subject property in Seaside, CA.

SCOPE OF WORK
The scope of work for the Structural Repair is as follows:

Construction Documents

1. Site Visit

2. Structural Plans – Partial Roof & Wall Below Framing Plan, Structural Details

3. Structural Calculations – Gravity Design

TIME FRAME
The design work is estimated to be complete within 21 calendar days (3 weeks) of receipt of signed contract and 40% retainer ($1,060) of the Total Design Fee ($2,650).

EXHIBIT A
EXHIBIT A2
Packet Page 602

SCOPE OF WORK AND FEES
The work to be completed under this proposal includes the following tasks:

TASKS FEES STRUCTURE
Construction Documents

1. Site Visit $265 FIXED

2. Structural Plans $1,855 FIXED

3. Structural Calculations $530 FIXED
Total Design Fee $2,650
T&M

4. Time & Material Services: meetings, correspondence $530 NOT TO EXCEED Reimbursable Services:
fees, printing, shipping Cost+10% REIMBURSABLE

CONDITIONS
We are proposing to complete the design work as described above upon receipt of a signed contract and 40% retainer of the Total Design Fee. Invoices will be sent on a monthly or sooner basis, based on work completed.

Reimbursable expenses (copies, postage, fees, etc.) will be billed at actual cost-plus ten percent. Time and Material (T&M) Services (‘meetings’ T&M task) will be billed at an hourly rate for time spent.

Changes to the design requested by the client after approval of initial layout will be considered extra work.

The above Scope of Work doesn’t include Permit Processing nor Structural Construction Observations. If extra work is requested or required, a separate proposal for the extra work will be prepared and submitted to the client for approval prior to commencing design on the extra work.

This proposal can only be modified with written signatures of both parties. In the event of conflict, full mediation process must be completed. In the event of litigation arising from this agreement, reasonable attorney’s fees and court costs shall be paid to the prevailing party.

It is understood and agreed that Central Coast Civil & Structural Engineering, Inc. (CCCS Eng) invoices that are submitted to Wallace Group will be paid to CCCS Eng after Wallace Group is paid by their client.

Indicate acceptance of this proposal by signing and returning two signed originals to our office via USPS. Upon receipt, we will sign both and return one original set to you. Digitally signed or wet-signed and scanned acceptance can be substituted for mailed contract signatures.

EXHIBIT A2
Packet Page 603
Thank you for the opportunity to provide you with a proposal for this project. If you have any questions or require additional information, call me at your convenience. This proposal is good for 30 days.

Sincerely,
04/09/2022
Jack C Camp, PE
831-760-9944
[email protected]
__________________________________ ________
Rick Riedl, PE Date
612 Clarion Court
San Luis Obispo, California 93401
[email protected]
831-392-5661
EXHIBIT A2
Packet Page 604
Central Coast Civil &
Structural Engineering, Inc.

STANDARD RATES FOR SERVICES

1.0 PROFESSIONAL SERVICES
Principal Engineer………………………………………………………….. $265/hour
Professional Engineer……………………………………………………. $225/hour
Designer………………………………………………………………………… $185/hour
Drafter…………………………………………………………………………… $150/hour

2.0 REIMBURSABLE EXPENSES
The following expenses will be invoiced at direct cost plus ten percent 10%:

A. Outside printing and reproduction of reports and drawings.

B. Postage.

C. Fees.

3.0 TIME & MATERIAL SERVICES
The following expenses will be invoiced at professional service rate:

A. Deliveries to client. Meetings with client. Correspondence with client.

B. Deliveries/submittals to building jurisdiction, client, or contractor.

C. Meetings with the client, contractor, and/or City of Seaside Planning or Building Department.

EXHIBIT A2
Packet Page 605

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.A.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Nick Borges, Acting Police Chief
DATE: April 21, 2022
SUBJECT: SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF SEASIDE ADOPTING A MILITARY EQUIPMENT
USE POLICY IN ACCORDANCE WITH AB 481 LAW
ENFORCEMENT AND STATE AGENCIES: MILITARY EQUIPMENT,

AND USE (SECOND READING - ROLL CALL VOTE)

RECOMMENDATION
Second reading of the proposed ordinance regarding the police department's acquisition and use of military equipment in accordance with State law (AB 481); and approve the military use policy.

BACKGROUND
On September 30, 2021, California Assembly Bill 481 (AB 481) was signed into law.

Subsequently, California Government Code Sections 7070, 7071, and 7072 were adopted to codify the requirements set forth in AB 481. The text of AB 481 and the above-mentioned California Government Codes are attached to this Staff Report for reference.

AB 481 requires a law enforcement agency to obtain the approval of its governing body, through the adoption of a Military Equipment Use Policy, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The governing body for the City of Seaside is the City Council. The bill allows the City Council to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards.

AB 481 requires the City Council to annually review the ordinance and to either disapprove a renewal of the authorization for a type of military equipment or amend the military equipment use policy if it determines, based on an Annual Military Equipment Packet Page 606

Item No. 9.A. Page 2 of 2
Report prepared by the law enforcement agency, that the military equipment does not comply with the above-described standards for approval.

California Government Code Section 7070 provides a list of types of equipment that are to be considered “Military Equipment” for purposes of compliance with AB 481 and the Government Code. While the Seaside Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use, it does possess some types of equipment that are listed in Section 7070. Additionally, the Seaside Police Department participates in a regional S.W.A.T. team, which possesses and utilizes additional types of equipment that qualify as “Military Equipment” according to the Government Code.

In order to comply with AB 481 and the California Government Code, the staff is recommending that the City Council review and introduce a new ordinance and approve the Police Department Military Use Policy.

FISCAL IMPACT
Adoption of this Ordinance and policy has no fiscal impact.

ATTACHMENTS

1. AB 481

2. Ord AB 481

3. AB 481 Military Equipment
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
Packet Page 607
Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.

Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing

92 Packet Page 608
additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:
(a)  The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b)  The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment.
(c)  Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
92 Ch. 406 — 2 —
Packet Page 609
(d)  Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e)  The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

Chapter 12.8. Funding, Acquisition, and Use of Military Equipment
7070. For purposes of this chapter, the following definitions shall apply:
(a)  “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b)  “Law enforcement agency” means any of the following:
(1)  A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2)  A sheriff’s department.
(3)  A district attorney’s office.
(4)  A county probation department.
(c)  “Military equipment” means the following:
(1)  Unmanned, remotely piloted, powered aerial or ground vehicles. (2)  Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3)  High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4)  Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5)  Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6)  Weaponized aircraft, vessels, or vehicles of any kind. (7)  Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, 92 — 3 — Ch. 406
Packet Page 610
or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8)  Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9)  Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10)  Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11)  Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12)  “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13)  Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14)  The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15)  Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16)  Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d)  “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1)  A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2)  The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3)  The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4)  The legal and procedural rules that govern each authorized use. (5)  The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6)  The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 Ch. 406 — 4 —
Packet Page 611
authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7)  For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e)  “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f)  “Type” means each item that shares the same manufacturer model number.
7071. (a)  (1)  A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A)  Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B)  Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C)  Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(D)  Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E)  Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F)  Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G)  Acquiring military equipment through any means not provided by this paragraph.
(2)  No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 — 5 — Ch. 406
Packet Page 612
the military equipment until it receives the approval of the governing body in accordance with this section.
(b)  In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c)  The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(d)  (1)  The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A)  The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B)  The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C)  If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D)  Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2)  In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e)  (1)  The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2)  The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 Ch. 406 — 6 —
Packet Page 613
to the military equipment use policy in a manner that will resolve the lack of compliance.
(f)  Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
7072. (a)  A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1)  A summary of how the military equipment was used and the purpose of its use.
(2)  A summary of any complaints or concerns received concerning the military equipment.
(3)  The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4)  The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5)  The quantity possessed for each type of military equipment. (6)  If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b)  Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a)  A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1)  Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2)  Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3)  Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
92 — 7 — Ch. 406
Packet Page 614
(4)  Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5)  Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6)  Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7)  Acquiring military equipment through any means not provided by this subdivision.
(b)  No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
(c)  A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1)  Publish the military equipment use policy on the agency’s internet website.
(2)  Provide a copy of the military equipment use policy to the Governor or the Governor’s designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 Ch. 406 — 8 —
Packet Page 615
result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

O
92 — 9 — Ch. 406
Packet Page 616