Seaside City Council
September 1, 2022

A G E N D A

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVE (COUNCIL CHAMBER) AGENCY TO THE Thursday, September 1, 2022
REDEVELOPMENT AGENCY 5:00 PM
___________________________________________________________________________________ NOTICE: The City Council will hold its public meetings in person, with a virtual option for public participation based on availability. The City of Seaside utilizes Zoom tele-conferencing technology for virtual public participation; however, we make no representation or warranty of any kind, regarding the adequacy, reliability, or availability of the use of this platform in this manner. Participation by members of public through this means is at their own risk. ___________________________________________________________________________________ ___________________________________________________________________________________

VIRTUAL PUBLIC PARTICIPATION INSTRUCTIONS

1. To view this meeting: Please click on the following link to the City of Seaside YouTube Channel: https://www.youtube.com/c/CityofSeasideCalifornia

2. To participate in this meeting: Using the Zoom application on your smart phone, laptop, tablet or desktop and click on this link: https://ci-seaside-ca-us.zoom.us/j/81936832059 WEBINAR ID: 819 3683 2059

3. To participate by phone: Please call (669) 900-9128
Enter the meeting ID 819 3683 2059 when prompted. There is no participate code – press the pound sign # after the recording prompts you.

4. To make public comment, the following options are available:

Before the Meeting via Email: Written comments can be emailed to [email protected] Include the following subject line: “Public Comment Item #___” (insert the agenda item number relevant to your comment). Written comments must be received by 2:00 p.m. on the day of the meeting.

During the Meeting via Oral Comments: When the Chair calls for public comment, attendees can queue to speak with the “Raise Hand” feature. On the Zoom application, click the “Raise Hand” button. On the phone, press *9.

IN PERSON PARTICIPATION INSTRUCTIONS
Members of the public participating in person and wishing to address the City Council may approach the podium when the Chair calls for public comment.

Packet Page 1
City Council REGULAR Meeting September 1, 2022 5:00 PM Agenda Page 2

1. CALL TO ORDER

2. ROLL CALL – ESTABLISHMENT OF QUORUM
Ian N. Oglesby
David R. Pacheco
Jason Campbell
Jon Wizard
Alexis Garcia-Arrazola
Mayor/Chair
Mayor Pro Tem/Vice Chair
Council/Agency Member
Council/Agency Member
Council/Agency Member

3. INVOCATION AND PLEDGE OF ALLEGIANCE

4. REVIEW OF AGENDA
If there are any items that arose after the 72-hour posting deadline, this is the point in the meeting where a vote may be taken to add the item to the agenda. (A 2/3- majority vote is required).

5. PUBLIC COMMENT
Members of the public wishing to address the City Council on matters within the jurisdiction of the City of Seaside, but not on this agenda, may do so during the Public Comment period for up to three (3) minutes. Public Comments for "Presentations" on this agenda are also taken at this time; comments on specific agenda items are heard under that item. For the public record, please state your name.

6. PUBLIC AGENCY COMMUNICATIONS
This is a time specifically set aside for representatives of public agencies to make brief comments of general interest to the City Council and the community.

7. PRESENTATIONS
A. REVIEW OF UPCOMING CITYWIDE EVENTS (ERNESTO ALTAMIRANO,

COMMUNICATIONS & COMMUNITY ENGAGEMENT SPECIALIST)
B. VACCINE UPDATE (MARY GUTIERREZ, FIRE CHIEF)
C. INFORMATIONAL REVIEW OF THE COMMUNITY FACILITIES DISTRICT (CFD) AS A FINANCING MECHANISM (NBS GOVERNMENT FINANCE

GROUP, CONSULTANT)

8. CONSENT AGENDA
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City Council REGULAR Meeting September 1, 2022 5:00 PM Agenda Page 3 A. ADOPT A RESOLUTION MAKING FINDINGS IN ACCORDANCE WITH AB361: HYBRID MEETINGS AND GOVERNMENT CODE SECTION 54953 (BROWN ACT) AUTHORIZING REMOTE/TELECONFERENCE

PARTICIPATION IN CITY MEETINGS
RECOMMENDATION: Adopt a resolution making findings under AB361 and Government Code section 54953(e) authorizing teleconference (Zoom) hybrid meetings.

B. APPROVE MINUTES FROM AUGUST 18, 2022
RECOMMENDATION: Approve minutes as presented in the agenda packet.

C. ADOPT A RESOLUTION APPROVING AMENDMENT NO. 3 TO THE

PROFESSIONAL SERVICE AGREEMENT WITH WALLACE GROUP TO

PROVIDE EXPANDED CONSTRUCTION MANAGEMENT AND INSPECTION

SERVICES FOR THE FIRE STATION UPGRADES PROJECT FOR AN
AMOUNT NOT TO EXCEED $19,536.00
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute amendment no. 3 to the professional service agreement with Wallace Group to provide expanded Construction Management and Inspection Services for the Fire Station Upgrades Project for an amount not to exceed $19,536.00.

D. ADOPT A RESOLUTION APPROVING CONSTRUCTION AGREEMENT
AMENDMENTS WITH 101 BUILDERS FOR AN ALTERNATE EXTERIOR

FINISH FOR THE FIRE STATION UPGRADE PROJECT FOR AN AMOUNT NOT TO EXCEED $64,177.17 AND APPROPRIATE $103,713.17 FROM THE GENERAL FUND TO THE PROJECT BUDGET.

RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute construction agreement amendments with 101 Builders for an alternate exterior finish for the Fire Station Upgrades Project for an amount not to exceed $64,177.17 and appropriate $103,713.17 from the General Fund to the Project budget.

E. ADOPT A RESOLUTION GRANTING AN EASEMENT TO MARINA COAST

WATER DISTRICT FOR THE ORD VILLAGE LIFT STATION
RECOMMENDATION: Adopt a resolution approving a non-exclusive easement for use by the Marina Coast Water District to operate sanitary sewer facilities adjacent to Monterey Road (APN 031-051-023).

F. ADOPT A RESOLUTION APPROVING THE PLANS FOR THE NOCHE BUENA

EMERGENCY STREET STORM DRAIN IMPROVEMENTS PROJECT,

APPROVING AN AGREEMENT FOR CONTRACTOR SERVICES WITH

MONTEREY PENINSULA ENGINEERS FOR AN AMOUNT NOT TO EXCEED Packet Page 3
City Council REGULAR Meeting September 1, 2022 5:00 PM Agenda Page 4 $279,455.00, APPROPRIATING $350,682.00 FROM THE CAPITAL

RESERVE TO THE PROJECT, AND DECLARING THE CONSTRUCTION
WORK AN EMERGENCY.

RECOMMENDATION: Adopt a resolution:

1. Approving the plans for the Noche Buena Street Storm Drain Improvements Project;

2. Approving an agreement for construction services with Monterey Peninsula Engineers for an amount not to exceed $279,455.00;

3. Establish a 20% contingency for a total project construction amount not to exceed $335,346.00;

4. Amending the FY 2022/ 23 budget to appropriate $350,682.00 to the Project;

5. Authorizing the City Manager to execute the agreement for construction services, and approve any amendments, extensions, and change orders until completion of the project in accordance with the plans up to the total project construction amount; and

6. Declaring the construction work an emergency because it is necessary to prevent danger to life and property.

G. ADOPT A RESOLUTION APPROVING AN AMENDMENT NO. 1 TO THE

PROFESSIONAL SERVICE AGREEMENT WITH HARRIS & ASSOCIATES

FOR FINAL DESIGN AND DESIGN SUPPORT DURING CONSTRUCTION

FOR THE NOCHE BUENA STREET EMERGENCY STORM DRAIN

IMPROVEMENTS PROJECT FOR AN AMOUNT NOT TO EXCEED
$12,780.00
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute Amendment No. 1 to the professional services agreement with Harris & Associates for design services and design support during construction services for the Noche Buena Street Emergency Storm Drain Improvements Project for an amount not to exceed $12,780.00.

H. ADOPT A RESOLUTION ADOPTING THE LISTING OF BENEFITS WITH

THE CITY OF SEASIDE'S EXECUTIVE MANAGERS
RECOMMENDATION: Adopt a resolution approving the Listing of Benefits with the Executive Managers.

I. APPROVE A MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM

SEASIDE BLADE RUNNERS BASKETBALL
RECOMMENDATION: Approve a request from Seaside Blade Runners Basketball for a donation of $3,000.00 from the Mayor's Youth Fund to help cover the costs for equipment, uniforms, gym expenses, tournaments and transportation.

J. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM

SEASIDE HIGH SCHOOL FOOTBALL TEAM
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City Council REGULAR Meeting September 1, 2022 5:00 PM Agenda Page 5 RECOMMENDATION: Approve a request from Seaside High School Football Team for a donation of $3,000.00 from the Mayor's Youth Fund for the costs associated with knee pads, helmets, practice jerseys, and girdles.

K. APPROVE CLEAN CALIFORNIA MAINTENANCE AGREEMENT WITH THE

STATE OF CALIFORNIA FOR STREET SWEEPING AND GRAFFITI
REMOVAL SERVICES ON HIGHWAY 218 FROM FREMONT BOULEVARD
TO HIGHWAY 1
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a Clean California Maintenance Agreement with the State of California to street sweep and remove graffiti on Canyon Del Rey Boulevard (Highway 218) from Fremont Boulevard to Highway 1.

L. PROCLAMATION DESIGNATING SEPTEMBER 2022 AS NATIONAL

RECOVERY MONTH
RECOMMENDATION: Proclaim September as National Recovery Month in the City of Seaside.

M. ADOPT A RESOLUTION AUTHORIZING THE CLOSURE OF PORTIONS OF

CANYON DEL REY BOULEVARD, HARCOURT AVENUE, ALLSTON STREET, AND HILLSDALE AVENUE ON SEPTEMBER 18, 2022, FOR THE CITY OF SEASIDE'S "OAXACA BY THE SEA" EVENT
RECOMMENDATION: Adopt a resolution authorizing the closure of portions of Canyon Del Rey Boulevard, Harcourt Avenue, Allston Street, and Hillsdale Avenue for the City of Seaside's community event on September 18, 2022.

N. ADOPT A RESOLUTION AUTHORIZING AN EXTENSION OF THE 14 ACRE

FEET PER YEAR ALLOCATION OF WATER FOR THE RESIDENTIAL REUSE OF THE MEDICAL OFFICERS BARRACKS LOCATED AT 4386-4387

PARKER FLATS CUTOFF ROAD
RECOMMENDATION: Adopt a resolution authorizing an extension of the 14 Acre Feet per Year (AFY) water allocation for the residential reuse of the Medical Officers Barracks located at 4386-4387 Parker Flats Cutoff Road.

9. PUBLIC HEARING
A. AN ORDINANCE AMENDING SEASIDE MUNICIPAL CODE CHAPTER 2.42 CONFLICT OF INTEREST CODE SECTION 2.42.130 APPENDIX -

DESIGNATED EMPLOYEES (SECOND READING - ROLL CALL VOTE)
RECOMMENDATION: Second reading of an ordinance amending SMC Chapter Packet Page 5
City Council REGULAR Meeting September 1, 2022 5:00 PM Agenda Page 6

2.42 Conflict of Interest Code Section 2.42.130 Appendix - Designated Employees.

10. BUSINESS ITEMS
A. ADOPT A RESOLUTION AUTHORIZING THE SISTER CITY AGREEMENT BETWEEN THE MUNICIPALITY OF OAXACA DE JUÁREZ AND THE CITY

OF SEASIDE
RECOMMENDATION: Approve Sister City agreement between the municipality of Oaxaca de Juárez and the City of Seaside.

B. DISCUSS AND PROVIDE DIRECTION TO STAFF REGARDING THE CITY'S

PENSION LIABILITY AND STRATEGIES FOR MITIGATING INCREASING COSTS
RECOMMENDATION: Direct Staff to:
 Continue to prepay the annual UAL amount each July.
 In collaboration with NHA Advisors, vet and select a 115 Trust provider to be recommended to the Council at a subsequent meeting.
 Implement a Pension Reserve policy to include an initial $3 million investment into a 115 Trust followed by four $500 thousand annual contributions to the trust. Thereafter, 20% of any realized year end surplus is contributed to the trust. A draft of the proposed policy would come forward to the City Council concurrent with the recommendation regarding a 115 Trust provider.
 Monitor interest rates on an ongoing basis and bring forward pension obligation bonds for Council consideration when rates are favorable.

Alternate action:

Direct staff to pursue any other combination of strategies related to mitigating the City's increasing pension costs.

C. ADOPT A RESOLUTION APPROVING THE CUTINO PARK IMPROVEMENTS PART 2 CONCEPT PLAN AND REALLOCATING $250,000.00 FROM THE

PUMP TRACK PROJECT TO THE CUTINO PARK PROJECT
RECOMMENDATION: Receive a presentation on the concept plan and cost estimates for Cutino Park Improvements Part 2 Project, and adopt a resolution approving the concept plan and reallocating $250,000.00 from the Pump Track Project to the Cutino Park Project.

11. COUNCIL MEMBER REQUESTS
Packet Page 6
City Council REGULAR Meeting September 1, 2022 5:00 PM Agenda Page 7 A. NEW COUNCIL MEMBER REQUESTS
B. FOLLOW UP ON PREVIOUS REQUESTS

1. Options for Properties on Hilby Ave, West Broadway Urban Village/Canyon Del Rey Scope of Work (Wizard)

12. CITY ATTORNEY, CITY MANAGER, MAYOR AND CITY COUNCIL

COMMENTS AND REPORTS ON COMMITTEE ASSIGNMENTS
This is a time specifically set aside for members of the City Council, the City Manager and City Attorney to make brief comments of general interest to the community and report on committee assignments.

13. CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE 54957.6
Agency Negotiators: Roberta Greathouse, Human Resources Director / Risk Manager; Donna Williamson, Labor Negotiator; Samantha Sakhrani, Human Resources Analyst.

Employee Organizations: All full-time represented and unrepresented employees and employee associations.

B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: 1561 Del Monte Avenue, Seaside, CA 93955 (APN 011-301-010) Agency Negotiators: City Manager, et al.

Negotiating Party: Foothill Partners, et al.

Under Negotiation: Price, Terms of Payment or both
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: Phase 1A Campus Town generally located West of General Jim Moore Blvd. and East of First Avenue and south of Lightfighter Drive (APN 031-151-054) Approximately 22.52 Acres
Agency Negotiators: City Manager, et. al.

Negotiating Parties: City of Seaside and KB-Bakewell Seaside Venture LLC Under Negotiation: Price, Terms of Payment or Both
D. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9: POTENTIAL LITIGATION
Packet Page 7
City Council REGULAR Meeting September 1, 2022 5:00 PM Agenda Page 8 Potential Litigation (2 Matters)

14. ADJOURNMENT
Next Regularly Scheduled Meeting:

September 15, 2022
5:00 PM
The City of Seaside is committed to providing accessible facilities and accommodating people with disabilities in all of its services programs and activities. If special considerations are needed by any person to fully participate in this meeting, contact the City Clerk at 899-6707 no fewer than two business days prior to the meeting to allow reasonable arrangements. Agendas are posted at:
http://www.ci.seaside.ca.us/129/City-Council-Committee-Agendas Agenda-related writings or documents provided during public meetings are available for public inspection during the meeting or from the office of the City Clerk. This agenda is posted in compliance with California Governor Newsom's Executive Orders N-29-20 and N-33-20.

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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Sheri Damon, City Attorney
DATE: September 1, 2022
SUBJECT: ADOPT A RESOLUTION MAKING FINDINGS IN ACCORDANCE WITH AB361: HYBRID MEETINGS AND GOVERNMENT CODE
SECTION 54953 (BROWN ACT) AUTHORIZING

REMOTE/TELECONFERENCE PARTICIPATION IN CITY

MEETINGS

RECOMMENDATION
Adopt a resolution making findings under AB361 and Government Code section 54953(e) authorizing teleconference (Zoom) hybrid meetings.

BACKGROUND
On or about March 4, 2020, Governor Newsom declared a State of Emergency in the State of California pursuant to Government Code Section 8625 as a result of the COVID19 pandemic and that declaration is ongoing. In the month of April 2022, Monterey County Health Officer reiterated the need for ongoing social distancing and masking due to a substantial increase in COVID infections. In the months of April through August 2022, the City of Seaside has observed an uptick in COVID cases by Seaside residents and City staff. Government Code Section 54953(e), authorizes remote teleconference meetings without complying with the notice requirements of 54953(b) and physical location of Council member participation, so long as the local agency has made appropriate findings and the state continues to be in a state of emergency.

FISCAL IMPACT
Zoom account and on-line services are already included in the budget.

ATTACHMENTS
Packet Page 9

Item No. 8.A. Page 2 of 2

1. AB361 Resolution
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 10
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

MAKING FINDINGS FOR AND AUTHORIZING REMOTE

TELECONFERENCE/ZOOM MEETINGS IN ACCORDANCE WITH GOVERNMENT CODE SECTION 54953(e)
WHEREAS, on or about March 4, 2020, Governor Newsom declared a State of Emergency in the State of California pursuant to Government Code section 8625 as a result of the COVID-19 pandemic and that declaration is ongoing; and WHEREAS, in the month of April 2022, Monterey County Health Officer reiterated the need for ongoing social distancing and masking due to a substantial increase in COVID infections; and
WHEREAS, in the months of April, May, and June 2022, the City of Seaside has observed an uptick in COVID cases by Seaside residents and City staff; and WHEREAS, on or about June 2, 2022, the Center for Disease Control designated Monterey County to be a county of high community transmissibility for COVID given the increase in the number of COVID cases and the increase in the use of hospital beds (as compared to the previous weeks); and
WHEREAS, Government Code Section 54953(e), authorizes the remote teleconference meetings without complying with the noticing requirements of 54953(b) and physical location of Council member participation, so long as the local agency has made appropriate findings and the state continues to be in a state of emergency; and WHEREAS, the City Council now desires to adopt a Resolution finding that the requisite conditions exist for the legislative bodies of the City of Seaside, to conduct remote electronic/teleconference meetings without compliance with Government Code Section 54953(b)(3).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby makes the following findings:

Packet Page 11

1. The above recitals are true and correct and are incorporated herein by this reference.

2. The City Council determines that as a result of the proclaimed state of emergency in California due to COVID-19, and in particular the continued spread of the virus in Monterey County, the notable increase in COVID cases amongst City residents and City staff are grounds to authorize the use of remote teleconference participation pursuant to Government Code section 54953(e) when determined by the City to be necessary, in the conduct of the City’s business.

3. The City Manager and City Attorney shall ensure that all City bodies are authorized to conduct their meetings via the hybrid method, including in person and/or fully remote Zoom/teleconference meetings and are directed to take all steps to implement this Resolution including, but not limited to, conducting open and public remote meetings in accordance with the requirements of Government Code section 54953(e) and/or other applicable provisions of the Brown Act.

This Resolution shall take effect immediately upon its adoption and shall be effective for thirty (30) days, unless extended by the City Council.

PASSED AND ADOPTED by meeting of City of Seaside duly held on the 1st day of September, 2022, by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
Packet Page 12
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
______________________________
Sheri L. Damon, City Attorney
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DRAFT MINUTES

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/ SUCCESSOR 440 HARCOURT AVE
AGENCY TO THE Thursday, August 18, 2022
REDEVELOPMENT AGENCY 5:00 PM

1. CALL TO ORDER
Mayor/Chair Oglesby called the meeting to order at 5:00 p.m.

2. ROLL CALL – ESTABLISHMENT OF QUORUM
PRESENT: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard ABSENT: None

3. INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Ronald Britt (Greater Victory Temple Church) led the invocation.

Council/Agency Campbell.

4. REVIEW OF AGENDA
City Manager Jaime Fontes asked the Council allow for item 13A – Conference with Labor Negotiators Pursuant to Government 54957.6 to be moved up on the agenda.

City Attorney Sheri Damon advised the Council that an urgency item was being requested to be added to the agenda. The item to be added “Discuss and provide direction regarding potentially appointing Mayoral and Council nominees and cancelling the Municipal Election”.

5. PUBLIC COMMENT
Charles “Coach” Williams, Unidentified Commenter, Peter Kaiser, Caller, Lynda Cunningham, Susan Schiavone, Dianne Nielson, Alex Miller (announced Neighborhood Improvement Commission Clean Up on September 10)

6. PUBLIC AGENCY COMMUNICATIONS
Alvin Edwards, Division 1, Monterey Peninsula Water Management District; George Riley, Division 2, Monterey Peninsula Water Management District
Packet Page 14
Thursday, August 18, 2022 City Council REGULAR Meeting Page 2 Mayor/Chair Oglesby asked the City Attorney to read the Council into Closed Session for item 13A as indicated during the Review of the Agenda.

City Attorney Damon read the Closed Session item and did not anticipate a read out. There were no comments from the public.

The Council adjourned into Closed Session at 9:12 p.m. Upon return into Open Session at 9:36 p.m., the City Attorney did not have any action to report.

7. PRESENTATIONS
A. REVIEW OF UPCOMING CITYWIDE EVENTS (ERNESTO ALTAMIRANO,

COMMUNICATIONS AND COMMUNITY ENGAGEMENT SPECIALIST)
Mr. Altamirano provided a presentation and Ashley Collick, Assistant City Manager responded to questions from the Council.

B. RECEIVE AN OVERVIEW OF THE CONCEPTUAL PLAN OPTIONS FOR THE

POTENTIAL FUTURE DEVELOPMENT OF SEASIDE EAST (ASHLEY

COLLICK, ASSISTANT CITY MANAGER)
Ms. Collick introduced the consultant team working on the project, Matthew Lambert and Marina Khoury of DPZ Co. Design who provided a presentation and answered questions.

8. CONSENT AGENDA
Mayor Oglesby read the Consent Agenda. Items 8D was pulled by Peter Kaiser and 8G was pulled by Council Member Wizard.

On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola and carried by the following vote, the City Council/Successor Agency moved to approve the Consent Agenda with the exception of items 8D and 8G.

AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
A. APPROVE MINUTES FROM AUGUST 4, 2022
Action: Approved
B. APPROVE AND FILE CITY CHECKS
Packet Page 15
Thursday, August 18, 2022 City Council REGULAR Meeting Page 3 Action: Approved & Filed
C. ACCEPT AND FILE THE CASH AND INVESTMENTS REPORT FOR THE CITY

OF SEASIDE AND THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEASIDE FOR THE QUARTER ENDING JUNE 30, 2022
Action: Accepted & Filed
D. APPROVE PROCLAMATION RECOGNIZING SEPTEMBER 17, 2022, AS

CONSTITUTION DAY AND CITIZENSHIP DAY IN THE CITY OF SEASIDE Peter Kaiser pulled the item and provided comments on ensuring the Council would approve the proclamation.

On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Wizard and carried by the following vote, the City Council/Successor Agency moved to approve the proclamation recognizing September 17, 2022, as Constitution Day and Citizenship Day in Seaside.

AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
Action: Approved
E. APPROVE PROCLAMATION RECOGNIZING SEPTEMBER 15 - OCTOBER 15, 2022, AS NATIONAL HISPANIC HERITAGE MONTH IN THE CITY OF

SEASIDE
Action: Approved
F. PROCLAMATION RECOGNIZING SEPTEMBER AS CHILDHOOD CANCER

AWARENESS MONTH IN THE CITY OF SEASIDE
Action: Approved
G. ADOPT THE RESOLUTION CREATING THE POSITIONS OF WATER

SYSTEM OPERATOR AND DEPUTY FIRE CHIEF, AMENDING THE FISCAL YEAR 2022-23 FUND BUDGET, AND MODIFYING THE POSITION

ALLOCATION LIST TO REFLECT ORGANIZATIONAL CHANGES
Council/Agency Member Wizard pulled the item and Roberta Greathouse, HR Director/Risk Manager responded to questions. There were no comments from the public.

Packet Page 16
Thursday, August 18, 2022 City Council REGULAR Meeting Page 4 On motion by Council/Agency Member Wizard and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to adopt the resolution creating the positions of Water System Operation and Deputy Fire Chief.

AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
Action: Adopted Reso #22-102
H. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

MEMORANDA OF UNDERSTANDING WITH THE SEASIDE FIREFIGHTERS'

ASSOCIATION, SEASIDE PUBLIC SAFETY MANAGERS' ASSOCIATION,

SEASIDE CITY EMPLOYEES' ASSOCIATION, SEASIDE MANAGERS AND

SUPERVISORY EMPLOYEES' ASSOCIATION, CONFIDENTIAL EXEMPT

AND NON-EXEMPT EMPLOYEES, AND UNCLASSIFIED EXEMPT AND NON

EXEMPT EMPLOYEES
Action: Adopted Reso #22-103
I. APPROVE THE TRAFFIC ADVISORY COMMITTEE RECOMMENDATION TO

RED CURB AT THE INTERSECTION OF WARING STREET AND LA SALLE AVENUE
Action: Approved
J. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM SEASIDE RAIDERS YOUTH FOOTBALL FOR THE 2022 SEASON
Action: Approved
K. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM SEASIDE RAIDERS YOUTH CHEER FOR THE 2022 SEASON
Action: Approved
L. APPROVE A FEE WAIVER REQUEST FROM ACTION COUNCIL - BUILDING

HEALTHY COMMUNITIES FOR THE USE OF THE SEASIDE COMMUNITY CENTER FOR THEIR "CIRCULO" HEALING CIRCLE MEETING ON AUGUST 26, 2022
Action: Approved
M. APPROVE APPOINTMENTS TO NEIGHBORHOOD IMPROVEMENT

COMMISSION AND THE COMMUNITY SAFETY ADVISORY COMMISSION Action: Approved appointment of Tiffinie Meyer to the Neighborhood Packet Page 17
Thursday, August 18, 2022 City Council REGULAR Meeting Page 5 Improvement Commission and Maiaika Velazquez to the Community Safety Advisory Commission.

9. PUBLIC HEARING
A. AN ORDINANCE AMENDING SEASIDE MUNICIPAL CODE CHAPTER 2.42 CONFLICT OF INTEREST CODE SECTION 2.42.130 APPENDIX -

DESIGNATED EMPLOYEES (FIRST READING - ROLL CALL VOTE)
Dominique Davis, City Clerk, provided the presentation and responded to questions from the Council. There were no comments from the public.

On motion by Council/Agency Member Campbell and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to approve the amendments to Seaside Municipal Code Chapter 2.42 Conflict of Interest Code Section 2.42.130.

AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
Action: 2nd Reading scheduled for September 1, 2022

10. BUSINESS ITEMS
A. PROVIDE DIRECTION FOR THE 2022/23 COMMUNITY SOCIAL

SERVICES GRANT (CSS)
Assistant City Manager Ashley Collick provided the presentation and responded to questions from the Council.

Public Comment: Eloise Shim
On motion by Mayor Pro Tem/Vice Chair Pacheco and Council/Agency Member Wizard second by and carried by the following vote, the City Council/Successor Agency moved to keep the grant program the same as the last fiscal year, with 33% of funds or a Council directed percentage to be set aside for new community based organizations/programs.

AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
Action: Direction Provided
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Thursday, August 18, 2022 City Council REGULAR Meeting Page 6 B. ADOPT A RESOLUTION AUTHORIZING THE PAYMENT OF $7,522,232.14

TO MARINA COAST WATER DISTRICT FOR A CAPACITY CHARGE TO SECURE 407 AF OF RECYCLED WATER FOR THE BAYONET BLACKHORSE

GOLF COURSE AND AUTHORIZE AN INTERFUND LOAN FROM THE CITY'S

GENERAL FUND TO THE SEASIDE MUNICIPAL WATER SYSTEM FOR THE

SAME AMOUNT AND AUTHORIZING THE CITY'S FINANCE DIRECTOR TO

MAKE ALL NECESSARY BUDGET ADJUSTMENTS TO THE FISCAL YEAR 2022-2023 ADOPTED BUDGET
Victor Damiani, Finance Director, and City Attorney Sheri Damon presented the item and responded to questions from the Council.

Public Comment: Remleh Scherzinger (MCWD General Manager), Peter Kaiser On motion by Council/Agency Member Campbell and second by Council/Agency Member Garcia-Arrazola, the City Council/Successor Agency moved to adopt a resolution authorizing the payment to MCWD for a capacity charge to secure 407 acre feet of recycled water.

AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
Action: Adopted Reso #22-104
D. DISCUSS AND PROVIDE DIRECTION REGARDING POTENTIALLY

APPOINTING CITY COUNCIL NOMINEES AND CANCELLING THE

MUNICIPAL ELECTION
Dominique Davis, City Clerk presented the item and responded to questions from the Council.

Public Comment: Peter Kaiser
On motion by Council/Agency Wizard and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to direct the Elections Official (City Clerk) to public a notice in a newspaper of general circulation, post a special meeting notice on August 19, 2022, and set a special meeting for August 25, 2022, at 1:00 p.m. to meet the statutory deadline to either appoint or hold the municipal election.

AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
Packet Page 19
Thursday, August 18, 2022 City Council REGULAR Meeting Page 7 Action: Approved Special Meeting for Thursday, August 25, 2022, at 1:00 p.m.

11. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS
Who is facilitating the Neighborhood Improvement Commissions $10,000 City Tree Program? HR Director/Risk Manager Roberta Greathouse responded to the Mayor’s inquiry.

B. FOLLOW UP ON PREVIOUS REQUESTS
City Manager Fontes reviewed previous requests from Mayor Pro Tem Pacheco regarding the Grizzly Pollinator Habitat contribution of $6,000; the Park Master Plan request from Mayor Oglesby; and the Cutino Park safety upgrades, which will return to the Council in about three regular meetings.

12. CITY ATTORNEY, CITY MANAGER, MAYOR AND CITY COUNCIL

COMMENTS AND REPORTS ON COMMITTEE ASSIGNMENTS
Reports provided.

City Manager Fontes highlighted the achievement of the Distinguished Budget Presentation Award issued by the Government Finance Officers Association to the City’s Finance Department. Finance Director Victor Damiani provided comments and context regarding the award and thanked his team and management for their contributions and support.

13. CLOSED SESSION
City Attorney Sheri Damon read into the closed session items with the exception of 13A, and did not expect any action to announce out.

A. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6
Agency Negotiators: Roberta Greathouse, Human Resources Director / Risk Manager; Donna Williamson, Labor Negotiator; Samantha Sakhrani, Human Resources Analyst.

Employee Organizations: All represented and unrepresented employees and employee associations.

B. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9: POTENTIAL LITIGATION
Packet Page 20
Thursday, August 18, 2022 City Council REGULAR Meeting Page 8 Potential Litigation (2 Matters)
C. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9: EXISTING LITIGATION
Monterey County Superior Court
Petrovich Development Company, LLC v. City of Seaside, et al.

Case No. 21CV003630
D. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9 EXISTING LITIGATION
Monterey County Superior Court
Case No. 20CV003118
People v. Arzadon, Et. Al.

Upon return from closed session, Ms. Damon stated there was no action to report.

14. ADJOURNMENT
With no further business, the meeting adjourned at 9:48 p.m.

Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City Clerk Ian N. Oglesby, Mayor
Packet Page 21

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.C.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: September 1, 2022
SUBJECT: ADOPT A RESOLUTION APPROVING AMENDMENT NO. 3 TO THE

PROFESSIONAL SERVICE AGREEMENT WITH WALLACE GROUP

TO PROVIDE EXPANDED CONSTRUCTION MANAGEMENT AND

INSPECTION SERVICES FOR THE FIRE STATION UPGRADES
PROJECT FOR AN AMOUNT NOT TO EXCEED $19,536.00

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute amendment no. 3 to the professional service agreement with Wallace Group to provide expanded Construction Management and Inspection Services for the Fire Station Upgrades Project for an amount not to exceed $19,536.00.

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 (PSA) with the City for project management and design services for the project in the amount of $24,500.00. Wallace developed the plans and technical specifications, complied with the bid documents, conducted a mandatory pre-bid site conference with potential bidders, prepared addendums, and summarized the bids.

On December 16th, the City Council awarded a construction agreement 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.

Packet Page 22

Item No. 8.C. Page 2 of 3
Construction of the project requires daily oversight of the contractor. The City does not have the personnel resources to support the project at the time the project started. On January 6, 2022, the City Council approved an PSA amendment in the amount of $45,858.00 including contingency to Wallace professional services agreement to provide construction management and inspection services.

During the project, it was discovered that 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.

On April 21, 2022, the City Council approved an PSA amendment in the amount of $50,227.00 including contingency for Wallace to provide expanded construction management and inspection services after several previously mentioned defects were discovered. Wallace retained Wald Ruhnke & Dost Architects LLP and Central Coast Civil & Structural Engineering, Inc. and provided architecture and structural services, respectively, as subconsultants under the contract. These services provided recommendations and specifications to the contractor to replace existing defective construction and repair the structural damage at the front of the building. Additional compensation was provided for Wallace to facilitate construction meetings, additional oversight, and contractor coordination that were over and beyond the initial construction management and inspection services.

The contractors' remaining work includes repairs to the structural and water damage, and the exterior building finish. The contractor began work to repair the damaged structural members and water damage earlier this week. Additional construction agreement amendments are being considered at this September 1st Council Meeting to address the condition of the concrete surface after the ACM coating grinding. If the additional construction agreement amendments are approved, the project is expected to be complete by the end of October 2022. Wallace is requesting an amendment to their professional service agreement for an amount of $19,536.00 to provide construction management, oversight, and project close out to support the change order work as outlined in the proposal attached to amendment no. 3 (Attachment 2).

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
Packet Page 23

Item No. 8.C. Page 3 of 3
A construction agreement amendment has already been approved to address the water damage and damage to the structural members within the approved contingency.

Construction agreement amendments are being considered at this September 1, 2022, Council meeting to address the condition of the concrete surface after the ACM coating grinding.

Based upon the services necessary for the Project and the additional construction amendments and contingencies, an additional amount of $103,713.17 from the General Fund is needed to complete the Project. If approved, this would result in a revised Project budget of $949,701.27. The budget appropriation is being considered with the construction agreement amendments approval item at this September 1, 2022, City Council Meeting.

Staff recommends adopting a resolution (Attachment 1) authorizing the City Manager to execute amendment no. 3 (Attachment 2) to the professional service agreement with Wallace Group for an amount not to exceed $19,536.00 to provide expanded construction management and inspection services for the Fire Station Upgrades Project.

ATTACHMENTS

1. Resolution

2. Amendment No. 3
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 24
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE AUTHORIZING AMENDMENT NO. 3 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 $19,536.00, 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, 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 and design services for the Project; and
WHEREAS, on December 16, 2021, 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 25
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, on April 21, 2022, the Council approved an amendment to the professional services agreement with Wallace to provide the necessary plans and specifications to repair the defects and water damage and damage to structural members through the services of architect and structural engineering subconsultants; 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 $19,536.00 for additional site inspection, contractor coordination, project coordination, sub-consultant coordination, and project close-out; and
WHEREAS, the Project budget (Account 344-8910-9556) including contingencies, is 949,701.27 requiring an additional $103,713.17 to complete the Project; and WHEREAS, a budget appropriation in the amount of $103,713.17 from the General Fund to the Project budget is being considered at this September 1, 2022 City Council meeting.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute an amendment no. 3 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 $19,536.00.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 1st day of September, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
Packet Page 26
ATTEST:
___________________________
Dominique L. Davis, City Clerk
Packet Page 27
CONTRACT AMENDMENT #3

PROFESSIONAL SERVICES
City of Seaside

Date: August 18, 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 2, “Services.”
Consultant shall perform the tasks described and set forth in Exhibit A, A1, A2, and A3 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, A2 and A3.

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, A2, and A3 attached hereto.

Original Contract
Amount
Previous CCO
Total (Not
including this
Amendment)
This Amendment Total Revised Contract
Amount
$24,500.00 $87,350.00 $19,536.00 $131,386.00
Original Contract
Time
Original
Completion Date
Days To Date (Including
This Amendment)
Revised Completion
Date
12 Months June, 30, 2022 0 June, 30, 2023
SUBMITTED BY:

Nisha Patel
PW Director / City Engineer
Signature Name and Title Date
CITY APPROVAL BY:

Jaime M. Fontes
City Manager
Signature Name and Title Date

CONSULTANT
ACCEPTANCE BY:

Kari Wagner
Principal
Signature Name and Title Date
August 10, 2022
8/17/22
Packet Page 28

CONTRACT AMENDMENT
Project Name: City of Seaside Fire Station Upgrades CA No. 03 Client Name: City of Seaside Project/Phase No. 1284-0017-00600 Attention: Nisha Patel Date: August 8, 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 perform additional work to address unknown conditions and oversee the proposed modifications to the building to enhance the exterior finish and water proofing and repair structural damage.

Wallace Group has forecasted the remaining work to complete the project and is requesting a budget amendment to allow for the following:
 Site Inspections – The project duration has been extended by several months. The final construction work should begin on August 12, 2022 and continue until September 16, 2022.

Therefore 25 additional working days are estimated to completion. It is estimated that inspections will occur for 18 of the remaining working days. Budgeted time for performing each site inspection is estimated at four (4) hours which includes one hour of travel time, two hours of site time, and one hour of report preparation and documentation. In order to conserve budget, site inspections may not be performed on each day construction is being performed.

This would allow more site inspection hours on days during significant events, such as stucco removal and layout for painting.
 Coordination with Contractor – This CA assumes that three additional Construction Change Orders (CCOs) need to be negotiated. This estimate includes six hours of negotiation and documentation per CCO.
 Project Coordination - Up to six construction meetings may be needed to be conducted to project closeout. This estimate includes three hours per construction meeting to be held via video conference including 2 hours preparation time and 1 hour for conducting and documenting the meeting. This CA also includes eighteen (18) hours for discussions that may be needed to be conducted with the City for project closeout.
 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. Wallace Group retained Wald Ruhnke & Dost Architects LLP (WRD) and Central Coast Civil & Structural Engineering, Inc. to provide architecture and structural details, respectively, for contractor use when replacing existing construction. WRD is requesting an additional $3,500 for engineering services during construction to attend future meetings, respond to RFI’s and create punch list for the proposed waterproofing work.
 Project Close Out – Estimated that 24 total hours will be needed for gathering close out documentation for the project including reviewing final payment applications and project asbuilts.

Packet Page 29
CA #3 1284-0017
City of Seaside
August 8, 2022

Please see the attached spreadsheet for our Budget Summary. At this time, Wallace Group has approximately $15,000 remaining on our contract that we have assumed as a credit applied to the remaining needed services above.

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: $19,536.00 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
Packet Page 30

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.D.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Leslie Llantero, Assistant Engineer
DATE: September 1, 2022
SUBJECT: ADOPT A RESOLUTION APPROVING CONSTRUCTION
AGREEMENT AMENDMENTS WITH 101 BUILDERS FOR AN

ALTERNATE EXTERIOR FINISH FOR THE FIRE STATION

UPGRADE PROJECT FOR AN AMOUNT NOT TO EXCEED
$64,177.17 AND APPROPRIATE $103,713.17 FROM THE
GENERAL FUND TO THE PROJECT BUDGET.

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute construction agreement amendments with 101 Builders for an alternate exterior finish for the Fire Station Upgrades Project for an amount not to exceed $64,177.17 and appropriate $103,713.17 from the General Fund to the Project budget.

BACKGROUND
On December 16, 2021, the City Council awarded a construction agreement to 101 Builders Inc. for the Fire Station Upgrades Project (Project) for an amount not to exceed $679,572.00 including contingencies. The Project includes the abatement of the exterior paint and asbestos containing material (ACM) texture coating, removal of dry rot and damaged siding, installation of new siding, removal and installation of six of the ten existing bay doors and associated equipment, electrical and plumbing modifications, termite treatment, and new paint on the trim and exterior of the building. To date, the contractor has completed the removal of paint, ACM texture coating, and damaged siding, relocated the interior utilities, and removed and installed six overhead bay doors and associated electrical equipment.

Grinding of the exterior ACM coating caused some impact and deep swirl marks on the underlying concrete surface. Several alternative finishes were considered and Texcote Packet Page 31

Item No. 8.D. Page 2 of 3
was selected as the least expensive finish to mask the deep swirl marks and restore the buildings' exterior finish to its previous textured appearance. Painting of the remaining four bay doors to match the new white bay door installed in the rear of the building was not included in the construction agreement. The Fire Department would now like it to be included in the scope of work. The cost for the construction agreement amendment for an alternative exterior finish totals $64,177.17. This cost includes the addition of application of a Texcote exterior finish that masks the swirl markings, painting of the remaining four bay doors, and application of a smooth skim coat and final coat finish to the mural wall, and a credit for painting the building's exterior.

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
The construction contract with 101 Builders Inc. is for an amount not to exceed $679,572.00 including contingency. Five contract amendments have been executed, totaling $67,258.70. These change orders include bay door color modifications, structural and water damage repair discovered when the siding and ACM were removed, Texcote mock-up, additional electrical modifications, and temporary suspension of abatement work. All work associated with the change orders identified above have been completed with the exception of the structural and water damage repair.

Additional construction cost to address the condition of the concrete surface after the ACM coating grinding and painting of the remaining four bay doors exceeds the remaining contingency amount. Staff requests additional funds for construction agreement amendments for this work in the amount of $64,177.17. An additional amount of $20,000 in contingency is requested for unforeseen issues that may arise from the remaining work. Based upon the services necessary to complete the Project and construction contingencies and construction management services, an additional amount of $103,713.17 from the General Fund is needed to complete the Project.

Staff recommends adopting a resolution (Attachment 1) appropriating $103,713.17 from the General Fund to the Fire Station Upgrades Project in account no. 344-8910- 9556; authorizing the City Manager to execute the construction agreement amendments (Attachment 2 & 3) with 101 Builders for the Fire Station Upgrades Project for an amount not to exceed $64,177.17 for the alternative exterior finish, and authorizing the City Manager to approve any written amendments such that the Packet Page 32

Item No. 8.D. Page 3 of 3
construction agreement does not exceed $763,749.17 including contingency.

ATTACHMENTS

1. Resolution

2. CCO #2 Seaside Fire Station

3. CCO #5 Seaside Fire Station

4. Budget Impact FY23_09.01.22
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 33
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE AUTHORIZING CONSTRUCTION AGREEMENT AMENDMENTS WITH 101
BUILDERS, INC. FOR AN ALTERNATE EXTERIOR FINISH FOR THE FIRE STATION UPGRADES PROJECT FOR AMOUNT NOT TO EXCEED $64,177.17 AND APPROPRIATING $103,713.17 FROM THE GENERAL FUND TO THE

PROJECT BUDGET
WHEREAS, the Fire Station Upgrades Project (Project) is adopted in the fiscal year 2022/2023 Capital Improvement Program (CIP) annual budget; and WHEREAS, the Project includes the abatement of the exterior paint and asbestos containing material (ACM) texture coating, removal of dry rot and damaged siding, installation of new siding, removal and installation of six of the ten of the overhead bay doors and associated equipment, electrical and plumbing modifications, termite treatment and new paint on the trim and exterior of the building; and WHEREAS, on December 16, 2021, the City Council awarded a construction agreement to 101 Builders Inc. for the Fire Station Upgrades Project (Project) for an amount not to exceed $679,572.00 including contingency; and WHEREAS, five construction agreement amendments have been executed totaling $67,258.70 paid from the contingency for bay door color modifications, repairing the structural and water damage revealed when siding was removed, Texcote mock up, additional electrical modifications, and temporary abatement work suspension; and WHEREAS, grinding the ACM coating caused some impact and deep swirl marks on the underlying concrete surface in which several finished alternatives were considered; and
WHEREAS, Texcote was selected as the least expensive finish to mask the deep swirl marks and restore the building’s exterior finish to its previous textured appearance; and
WHEREAS, the remaining 4 bay doors will be painted to match the new adjacent white bay door; and
WHEREAS, the additional construction cost to address the condition of the concrete surface after the ACM coat grinding and painting of the remaining 4 bay doors exceeds the remaining contingency amount approved for the Project; and Packet Page 34
WHEREAS, the Project budget in Account No. 344-8910-9556 including construction contingency, construction management, and inspection services is $946,012.17 requiring an additional $103,713.17 to complete the Project; and WHEREAS, there is sufficient General Fund balance to fund the additional budget request; and
WHEREAS, the project is categorically exempt per Article 19, section 15301 of CEQA.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside approves a fiscal year 2022/2023 budget appropriation in the amount of $103,713.17 from the General Fund to the Fire Station Upgrades Project in account 344- 8910-9556 such that the revised Project Budget is $949,701.27, and directs the Finance Director to make appropriate budget adjustments; and
BE IT FURTHER RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute amendments to the construction agreement with 101 Builders for the alternate exterior finish for the Fire Station Upgrades Project for an amount not to exceed $64,177.17; and
BE IT FURTHER RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to approve written amendments up to $20,000.00 in contingency for written amendments, extensions, and change orders to the construction agreement such that the total construction agreement amount does not exceed $763,749.17.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 1st day of September, 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 35
8/18/22
Packet Page 36

PROPOSED CHANGE
DATE: April 21, 2022 PCO# 002
CONTRACTOR: 101 Builders, Inc. Phone 408-842-3355
10435 Monterey Road
Gilroy, CA 95020 EMAIL: [email protected]
EMAIL: [email protected]
PROJECT NAME: Seaside Fire Station
DESCRIPTION:

CRAFTSMAN REG 1.5X 2X REG O.T. D.T. AMOUNT
LABOR: Pressure washing (2 men x 8 hours) Painter 16 hrs @ $ 90.00 $ - $ - $ 1,440.00 Setup and prep work (2 men x 4 hours) Painter 8 hrs @ $ 90.00 $ - $ - $ 720.00 Prime doors (2 men x 12 hours) Painter 24 hrs @ $ 90.00 $ - $ - $ 2,160.00 Paint doors (2 men x 12 hours) Painter 24 hrs @ $ 90.00 $ - $ - $ 2,160.00

QTY PRICE
MATERIALS: 1 lot @ $ 2,500.00 $ 2,500.00
DTM Primer 5 ea @ $ 69.49 $ 347.45
lot @ $ - $ -
lot @ $ - $ -
lot @ $ - $ -
lot @ $ - $ -
lot @ $ - $ -
EQUIPMENT: ea @ $ - $ -
ea @ $ - $ -
MISC: days @ $ - $ -
hrs @ $ - $ -
hrs @ $ - $ -
SUBCONTR: lot @ $ - $ -
lot @ $ - $ -
LABOR SUBTOTAL $ 6,480.00
LABOR MARKUP 15.00% $ 972.00
MATERIALS SUBTOTAL $ 2,847.45
MATERIALS MARKUP 15.00% $ 427.12
EQUIPMENT SUBTOTAL $ -
EQUIPMENT MARKUP 15.00% $ -
SINCERELY, MISC SUBTOTAL $ -
101 Builders, Inc. MISC MARKUP 15.00% $ -
SUBTOTAL $ 10,726.57
SUBCONTRACTOR SUBTOTAL $ -
Antoinette Schreder SUBCONTRACTOR MARKUP $ -
Authorized Signature-Contractor, 101 Builders, Inc. SUBTOTAL $ 10,726.57 BOND 1.0% $ 107.27
Authorized Signature-Owner, City of Seaside TOTAL AMOUNT $ 10,833.83 Authorized Signature-Architect
This proposal is based on the usual cost elements such as labor, material and markup and does not include any amount for impacts , such as but not limited to interference, disruptions, rescheduling, change in sequence of work, delays and/or acceleration directly or indirectly associated with this proposal. We expressly reserve the right to resubmit our proposal for any items should we be faced with performing this or other work under any of these conditions. conditions.

Added cost to paint an additional (4) bay doors.

Proposal includes labor and materials.

COST BREAKDOWNS

DESCRIPTION

DESCRIPTION
(5) gallons of DuraPoxy HP paint
THIS CHANGE WILL ADD (6) DAYS TO THE CONTRACT TIME.

License #1037916
Packet Page 37
City of Seaside
CONTRACT CHANGE ORDER l Sheet of
CEM-4900 (REV 05/2015)
Change Requested by: Engineer d) Contractor
City Project No.
344-8910-9556
CHANGE ORDER NO. Project
5 City of Seaside Fire Department Upgrades
TO
101 Builders Inc, 10435 Monterey Rd, Gilroy, CA 95020 , contractor You are directed to make the following changes from the plans and specifications or do the following described work not included in the plans and specifications for this contract. NOTE: This change order is not effective until approved by the engineer.

Description of work to be done, estimate of quantities, and prices to be paid. (Segregate between additional work at contract price, agreed price, and force account.) Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. The last percentage shown is the net accumulated increase or decrease from the original quantity in the Bid Item List.

The City is requesting a change in scope of work at the subject site to improve the building’s exterior. The work is described in the following documents and is summarized below.

1. Work Directive #2
a. Sheet A1 Rev. 2 (dated 8/11/2022)
b. Sheet A800 -Exterior Details Rev. 2 (dated 7/21/22)
The items of work covered under this change order are summarized below according to the items shown on Work Directive #2 and Proposed Change Order #12 attached hereto:
• Item #1 Credit for Bid Item #6, Paint
• Item #2 Furnish Texcote and Skim Coat to Building Exterior and Free-Standing Walls Estimated Cost: Increase | | Decrease $ 53,343.34
For this order, the time of completion will be adjusted as follows:
38 Working Days.

SUBMITTED BY

SIGNATURE ( J (PRINT NAME AND TITLE)
Rick Riedl, Project Manager (Wallace Group)
DATE
8/18/2022

RECOMMENDED BY ENGINEER

SIGNATURE (PRINT NAME AND TITLE)
Nisha Patel, P.E., City Engineer
DATE

APPROVAL BY CITY MANAGER

SIGNATURE (PRINT NAME AND TITLE)
Jaime M. Fontes, City Manager
DATE
We, the undersigned contractor, have given careful consideration to the change proposed and agree to provide equipment, furnish materials, and perform the work specified above, and will accept as full payment the prices shown above. NOTE: If you do not sign this order, you are directed to proceed with the ordered work. You may file a Request for Information within the time specified.

CONTRACTOR ACCEPTANCE BY
(PRjNT NAME AND TITLE) ^ DATE v
(jPrhTir^V- ±
ires

SIGNATURE
8/18/22
Packet Page 38
BID SCHEDULE - ADDITIONAL WORK DIRECTIVE #2 Revision #1 City of Seaside - Fire Station Upgrades
Bid Additional Work Qty Units Unit Cost Extended Cost
1 Credit for Revision of Bid Item #6 - Paint 1 LS
2 Furnish Texcote and Skim Coat to Building Exterior and Free-Standing Walls 1 LS Total Bid including Material, Labor, and Equipment (Items 1 through 2 in Words) $
Attached documents include the following:
1) Sheet A1 - Proposed Limits of Additional Finish Work (dated 8/11/2022) 2) Sheet A800 - Bldg. Coating & Cladding Flashing Rev. 1 (dated 7/21/2022) \\wlg-file\projects\1284 - City of Seaside\0017 Fire Station Upgrades\11 - Construction Phase\10 Work Directives\WD Seaside Fire.xlsx - WD_2 220811 (2) Rev. 1 dated 8/11/2022 Packet Page 39
Packet Page 40
EXTERIOR DETAILS A80022069 A800
- SHEET NAME: SET ISSUED: JOB NO.: 2340 GARDEN ROAD, SUITE 100 MONTEREY, CALIFORNIA 93940 PHONE: 831.649.4642 FAX: 831.649.3530 WWW.WRDARCH.COM SHEET NO.: FILE NAME: DRAWN BY: CHECKED BY: THE USE OF THE PLANS AND SPECIFICATIONS IS RESTRICTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED, AND PUBLICATION THEREOF IS EXPRESSLY LIMITED TO SUCH USE. REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD IN WHOLE OR IN PART IS PROHIBITED. TITLE TO THE PLANS AND SPECIFICATIONS REMAINS WITH THE ARCHITECT, AND VISUAL CONTACT WITH THEM CONSTITUTES PRIMA FACIE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS. PLOT DATE: PRINT DATE: 7.21.2022 22069

SEASIDE FIRE STATION
BLDG. COATING & CLADDING FLASHING

CITY OF SEASIDE

SEASIDE FIRE DEPARTMENT
1635 Broadway Ave, Seaside, CA 93955
N/A A.P.N.: RFI DETAILS 5/4/22 UPDATE 5/6/22 UPDATE 5/9/22 UPDATE 6/27/22 UPDATE 7/7/22 DETAIL 8 UPDATE 7/21/22 SCALE:
1 KEY ROOF PLAN N.T.S. SCALE:
3 KEY FASCIA SECTION N.T.S. SCALE:2 BUILDING PLASTER COATING DETAIL 3/4 SIZE SCALE:
4 (N) FLASHING DETAIL - NEW CLADDING @ (E) PARAPET HALF SIZE SCALE:5 (N) FLASHING DETAIL - NEW CLADDING @ (E) CMU SIDE WALL HALF SIZE SCALE:6 (N) FLASHING DETAIL - NEW CLADDING @ (E) SOFFIT & (E) MAS. LEDGE HALF SIZE SCALE:
8 (N) RETROFIT SHEET METAL CLOSURES @ (E) PARAPET CAP NO SCALE 4 A8005 A8006 A800 (E) ELASTOMERIC COATING TO REMAIN, THOROGHLY CLEAN AND REMOVE ANY LOOSE MATERIAL BEFORE PROCEEDING WITH TEX-COTE APPLICATION (N) TEX-COTE COOLWALL COATING AT ALL VERTICAL SURFACES, MIN. 18 TO 20 MILS D.F.T. (E) CEMENT PLASTER OVER C.M.U. WALL (E) SHEET METAL PARAPET CAP TO REMAIN, (N) PAINT FINISH (N) CONTINUOS WEATHER RESISTANT BARRIER INSTALLED ONE PIECE OR SHIP LAPPED OVER (E) STUD WALL - EXTEND FROM TOP OF STUDS TO BOTTOM OF STUDS LAPPING OVER SELF ADHERED FLASHINGS (N) FIBER CEMENT LAP

SIDING W/ (N) PAINT FINISH
(N) CONTINUOUS WEATHER RESISTANT BARRIER INSTALLED ONE PIECE OR SHIP LAPPED OVER (E) STUD WALL - EXTEND FROM TOP OF STUDS TO BOTTOM OF STUDS LAPPING OVER SELF ADHERED FLASHINGS (N) FIBER CEMENT LAP SIDING W/ (N) PAINT FINISH(N) CONTINUOS 6" WIDE STRIP OF

SELF ADHERED FLASHING OVER (E) WOOD FRAMING (N) CONTINUOUS FIBERCEMENT TRIM STARTER BOARD, VERIFY SIZE (E) WOOD OR PLASTER SOFFITCLADDING TO REMAIN W/ (N) PAINT FINISH (N) CONTINUOUS FIBER CEMENT TRIM W/ S.S. TRIM HEAD SCREWS AND (N) PAINT FINISH, 3/4" X 2 1/2" NOM. SIZE (N) CONTINUOS WEATHER RESISTANT BARRIER INSTALLED ONE PIECE OR SHIP LAPPED OVER (E) STUD WALL - EXTEND FROM TOP OF STUDS TO BOTTOM OF STUDS LAPPING OVER SELF ADHERED FLASHINGS (N) CONTINUOUS 6" WIDE BENT STRIP OF SELF ADHERED

FLASHING (FORTIFIBER OR EQUAL) OVER (E) WOOD FRAMING

AND OVER (E) CMU UNDER (N) CASING BEAD
(N) FIBER CEMENT LAP
SIDING W/ (N) PAINT FINISH REPAIR CRACKS LARGER THAN 1/8" WIDE PRIOR TO COATING WALL - ENLARGE CRACK TO A "V" SHAPED TROUGH ±3/8" WIDE X ±3/8" DEEP, THOROUGHLY REMOVE LOOSE MATERIAL AND FILL WITH CEMENT PLASTER PATCHING MIX* TYPICAL FOR ALL VERTICAL PLASTER OVER CMU SURFACES AT EXTERIORS OF BUILDING AND SITE WALLS EXPOSED TO VIEW: OWNER OPTION 1, VERIFY LOCATIONS WITH OWNER: TEX-COAT COOL WALL SYSTEM**, COLOR AND TEXTURE AS SELECTED BY OWNER, SEE DETAIL 2/A800 FOR ADDITIONAL INFORMATION; OWNER OPTION 2, VERIFY LOCATIONS WITH OWNER: CEMENT PLASTER SKIM COAT*** OVER EXISTING MASONRY OR CONCRETE SUBSTRATE, COLOR AND TEXTURE AS SELECTED BY OWNER. TYPICAL FOR ALL NON-VERTICAL PLASTER OVER CMU SURFACES, APPLY SUPPLEMENTAL TEXCOAT STRETCH ELASTOMERIC WATERPROOFING COATING, SEE DETAIL 2/A800 (E) FASCIA WITH (N) FIBER CEMENT BOARD CLADDING OVER (N) WEATHER RESISTANT BARRIER W/ (N) SELF ADHERED FLASHINGS, SEE DETAIL 3/A800 * PATCH EXISTING CEMENT PLASTER WALLS WITH A FIELD MIX OR A MANUFACTURED PREMIXED PATCHING SYSTEM PER SPECIFICATION 09960 IN DETAIL 7/A800 ** WALL COATING SYSTEMS SHALL BE PER SPECIFICATION 09960 IN DETAIL 7/A800 - PROCEED AS FOLLOWS: (1) OBTAIN COLOR FROM OWNER, (2) OBTAIN MATERIAL FOR MOCK-UP FROM MANUFACTURER, (3) PROVIDE MOCK-UP ON EXISTING WALL FOR OWNER REVIEW AND APPROVAL - NOTE THE MOCKUP IS FOR REVIEW OF BOTH THE SELECTED COLOR AND THE "HIDING" CHARACTERISTICS OF THE COATING SYSTEM, (4) UPON OWNER APPROVAL OF MOCKUP PROCEED WITH THE WORK - FOR FACILITATION OF THE ABOVE PROCEDURES CONTACT MANUFACTURER'S REP. BILL BORCHERT (510) 206-8030. *** PLASTER SKIM COATING SYSTEMS SHALL BE PER SPECIFICATION 092400 IN DETAIL 7/A800. 1234 KEY NOTES THE KEY NOTES THAT FOLLOW APPLY TO THE DRAWING(S) ON THIS SHEET ONLY. REFER TO FOLLOWING SHEETS FOR NOTES THAT ARE APPLICABLE TO THOSE DRAWINGS. SECTION 09960 EXTERIOR HEAT REFLECTIVE TEXTURED AND SMOOTH COATINGS Part 1 General 1.01 SUMMARY TEXCOTE® COOLWALL® w/Aquatec Kynar Coating System. Vertical Walls Texture, Tops of Walls Smooth. 1.02 SUBMITTALS A. Furnish manufacturer's Technical Data Sheets and MSDS and drawdowns in texture and colors. B. Samples: Submit 8"x 10" drawdown samples for each color and texture selected. Sample shall be made of coating specified; match color selected by Architect/Owner. 1.03 QUALITY ASSURANCE A. Manufacturer's Qualifications: Not less than 10 years successful experience in supplying materials of the types equivalent to those required for this project. B. Coats: The number of coats specified is the minimum acceptable. If full coverage is not obtained with the specified number of coats, apply such additional coats as necessary to produce the required finish. C. Employ coats and undercoats for all finishes pursuant to the paint manufacturer's instructions. D. Regulatory Agency Requirements: a. Comply with state and local regulations governing use of paint materials. b. Comply with OSHA guidelines for protective clothing, glasses, gloves, and respirators as required for project conditions. 1.04 FIELD SAMPLES A. Submit Mock -Up sample panel on jobsite building or surface as selected by Architect/Owner/General Contractor.

Provide a 10'x 10' sample for each separate substrate using the actual substrate materials. B. Obtain approval of texture and color prior to proceeding. C. Field samples may be part of the actual work. 1.05 JOB CONDITIONS: Environmental conditions can be modified only if such requirements are a part of the manufacturer's application instructions or if the manufacturer supplies a letteramending the environmental conditions. Ambient Air temperature: At least 45º F degrees but not exceeding 100º F degrees during application. Precipitation: Do not apply primer and coating materials during precipitation and when precipitation is imminent or anticipated. Apply coating to surfaces that are free of surface moisture and less than 11.0 on moisture meter readings. Ultraviolet Light: Do not allow primer to be exposed to ultraviolet light for more than four weeks prior to application of coating. If exposure exceeds the four week limit, apply additional coat of primer. Do not apply coating in areas with airborne dust or where dust can be generated. Roof and parapet top caps shall be installed and sealed against water penetration prior to coating. Verify water tightness. Allow installed joints to cure according to sealant manufacturer's recommendations prior to coating. 1.06 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Packaging: Delivery materials to job site in manufacturer's original unopened containers, with labels intact and readable, listing manufacturer coating type, product name and batch. B. Manufacture's Instructions: Comply with manufacturer's instructions for storage and handling, including cautions on product data safety sheets. 1.07 WARRANTY A. Upon completion of application of coating in accordance with the manufacturer's recommendations, Textured Coatings of America, Inc. will extend its limited commercial warranty for product replacement as a result of defect in the material. B. The manufacturer must be notified prior to the application of the coating and the applications must comply with the manufacturer's recommendation for installation. Textured Coatings of America, Inc. shall have no obligation to contribute to or otherwise participate in labor or cost associated with effecting repairs. C. Specimen copy of material warranty available upon request. Part 2 Products 2.01 MATERIALS A. Primer: TEXCOTE® COOLWALL® Smooth Classic Primer for surfaces where smooth finish coat required or TEXCOTE® COOLWALL® Textured Primer, textured profile depending on appearance desired by architect/owner. B. TEXCOTE® COOLWALL® coating shall conform to the following performance criteria: C. Patching Compounds 1 - TEXCOTE® FLEX PATCH® smooth for cracks 1/32” or smaller. 2 - TEXCOTE® FLEX PATCH® smooth or texture for cracks 1/32” to 1/8”. 3- TEX-COTE® SKIM COTE for crack, holes or voids larger than 1/8”. 2.02 Application Equipment A. Application for TEXCOTE™ COOLWALL® Textured Primer - Graco GM1030 Tech Spray, Graco 10:1 President or equal. B. Application for TEXCOTE™ COOLWALL® Classic Smooth Primer - Graco 5900 or equal using: .025 to .029 RAC Tip. C. Application for TEX-COTE™ COOLWALL® w/Aquatec Kynar™ smooth finish coating, Graco 5900 or equal using .017 to .019 RAC spray tip.. 2.03 Manufacturer - Textured Coatings of America West Coast Contact Corporate Offices William 'Bill' Borchert, CSI, TCA, SSPC 2422 East 15th Street Phone 510-206-8030 Panama City, FL 32405-6348 email: [email protected] Phone 850-769-0347 2.04 Colors: As indicated in drawings/color schedule or selected by Owner Part 3 EXECUTION 3.01 INSPECTION Examine metal surfaces scheduled to receive coating systems for conditions that may adversely affect the work. Do not proceed with the work of this Section until unsatisfactory conditions have been corrected. Notify the Owner, Architect or Engineer in writing of any conditions that may adversely affect the adhesion or performance of the coating systems. A. Previously painted or bare: Concrete/ Masonry, Stucco, Metal and other surfaces as indicated or otherwise specified: 1. Verify all fins and projections have been removed. 2. Verify all visible cracks have been patched or repaired prior to applying any coatings. 3. Verify the repair of pockets, holes, breakouts, surface irregularities and damaged surfaces. 4. Verify that all patching materials are cementitious, and/or water-resistant flexible patching compound. 5. Test that the pH of all concrete surfaces to be coated are within Manufacturer's acceptable level. B. Caulk and Patching Material: 1. Check with the caulk manufacturer and caulk contractor that the caulk is paintable. 2. Verify the caulk is fully cured in accordance with manufacturer's directions. 3. Verify the caulking system provides a clean, dry, smooth, and bondable surface, free of residue and site dirt. 4. The caulk shall be cleaned and primed, if required, prior to application of coating. 5. Verify all patching material is paintable and compatible with the specified coating system. 3.02 PREPARATION A. GENERAL 1. Surfaces must be sound, clean and dry prior to application of primer, if needed, or coating. 2. Remove dust, dirt, mildew, rust, form oils, bond breaker, loose substrates and other surface contaminants.

Pressure wash, chemically clean or mechanically abrade as needed to provide sound, clean surface prior to application of coating or primer if needed. 3. Test surface for pH level, record and report pH results to Manufacturer's Representative. 4. Conduct surface preparations with SSPC Surface Preparation Standards; SSPC Codes: SP1 Solvent Cleaning, SP2 Hand Cleaning, SP3 Power Tool-Cleaning and SP6 Commercial Blast to provide a clean, sound and dry surface prior to application of primer coats. B. Crack Repair: 1. Address all cracks, caulk, patch or repair as follow: a. Fine Cracks up to 1/32": Brush or knife TEXCOTE® FLEX-PATCH® smooth or texture into cracks and bring to smooth and flush with concrete surface. b. Cracks 1/32" to 1/8" shall be filled and dressed uniform with surrounding surfaces with TEXCOTE® FLEX-PATCH® SMOOTH. c. Cracks 1/8" or wider shall be filled with cementitious patching compound; #2 Portland Cement, 60-80 mesh sand, acrylic bonding agent and water or equivalent system. 3.03 MATERIAL PREPARATION: Remove skins formed on surface of material before moving containers, missing material, or applying material. Store material not in actual use in tightly covered containers. Maintain containers used in storage, mixing and application of coating in a clean condition, free of foreign materials and residue. Do not store in sunlight. Do not allow freezing.

Material should be maintained between 45ºF and 95ºF for best application properties. 3.04 APPLICATION: Apply TEXCOTE® COOLWALL® Classic Smooth Primer or Textured Primer, as required, to properly prepared surface. Apply a uniform, continuous, pin-hole free film over designated surface. For TEXCOTE® COOLWALL® apply a uniform continuous pin-hole free film over designated surfaces.Maintain a wet edge to prevent lap marks.Continue work to a panel edge, corner, seam or other natural break.Use adequate number of workers to avoid lap marks and spray patterns. Do not apply material below grade or in contact with earth. Completed coating system must provide a continuous pinhole free film at approximately 20mils(smooth). Surfaces in two coats - 18mils(texture) mils dry film thickness in one coat. Completed coating system shall match the accepted Mock-Up sample to be done and approved prior to start of full job. A. FINISH COATING SYSTEM Primers: Select one as specified TEXCOTE® COOLWALL® Classic Smooth Primer - one coat at 100 sq ft/galTEXCOTE® COOLWALL® Textured Primer, Sand Finish - 60-to-65 sf/gal.

TEXCOTE® COOLWALL® Finish Spread Rate over Smooth Primer, Two(2) Coats at 225-250 sq/ft/gal. - Coverage rate and number of coats may vary depending on color selected.

TEXCOTE® COOLWALL® Finish Spread Rate over Textured Primer, One(1) Coat at 175-to-225 sq/ft/gal.

Coverage rate and number of coats may vary depending on color selection. B. FINAL INSPECTION: Notify manufacturer's Rep to conduct final inspection of TEXCOTE® COOLWALL® System upon completion of job.Unacceptable finishes will be corrected at the expense of the Contractor.Contractor to provide Manufacturer with completed application for Warranty.Upon successful completion of job in accordance with the Manufacturer's instructions and thisspecification, Manufacturer to issue the Owner WARRANTY. 3.05 CLEANING AND PROTECTION: During course of work, remove discarded coating material, rubbish, cans, rags and similar construction waste from the site at the end of each workday.Upon completion of the coating work, clean window glass or other coating splattered surfaces. Protect work of other trades, whether to be coated or not, against damage by coating and finishing work. Correct any damage by cleaning, repairing or replacing and recoating, as acceptable to the Architect/Owner/Engineer. End of Section SCALE:
7 PLASTERING AND COATING SPECIFICATIONS HALF SIZE SECTION 092400 EXTERIOR PLASTERING Part 1 - General 1.1 SUMMARY A. Section Includes exterior plasterwork, also referred to as the application of stucco, at areas indicated for cement plaster patching and cement plaster skim coating over existing masonry/concrete substrates in a two-coat plaster over CMU or Concrete substrate consisting of a ¼” to ½” ASTM C 926 basecoat directly applied to properly prepared concrete masonry unit and / or cast in place concrete surfaces with an integrally colored finish with overall thickness not to exceed 5/8”. 1.3 Submittals: Submit Product Data including manufacturer's data sheets for all product to be installed and build a minimum 16 s.f. site mockup to demonstrate aesthetic effects, and to set quality standards for materials and execution. 1.4 QUALITY ASSURANCE: Contractor shall specialize in plastering work and plasterers employed shall have completed a state-approved apprentice program for lathing and plastering. Comply with ASTM C 926 - Application of Cement Plaster. 1.5 FIELD CONDITIONS: Comply with ASTM C 926 requirements. Apply and cure plaster to prevent plaster drying out during curing period. Use procedures required by climatic conditions, including moist curing, providing coverings, and providing barriers to deflect sunlight and wind. Part 2 - Products 2.1 PLASTER MATERIALS A. Portland Cement: Cement Type I/II complying with ASTM C 150. 1. Color for Finish Coats: As selected by Owner. B. Lime: Hydrated Lime, Type S complying with ASTM C 206. C. Sand: Washed, free of deleterious or friable material and well graded, complying with ASTM C 897. D. Water: Clean and Potable. E. Basecoat mix proportions. 1. Option 1, Field Mix: Conforming to ASTM C 926, Table 3. 2. Option 2, Proprietary Basecoat per manufacture's recommendation to ensure warranty. F. Finish Coat: Cement Finish Preblended and bagged by a manufacturer member of the Stucco Manufacturers Association (SMA), texture and color as selected by Owner and verified by Mockup. Part 3 - Execution 3.1 Examine substrates and conditions, with Installer present, for compliance with requirements for installation tolerances and other conditions affecting performance of the Work. Proceed with installation only after unsatisfactory conditions have been corrected. Protect adjacent work from soiling, spattering, moisture deterioration, and other harmful effects caused by plastering. Prepare smooth, solid substrates for plaster according to ASTM C 926. Apply materials per ASTM C 926. Apply Bonding Compound on substrates for direct application of plaster. Apply Base coat and Finish Coats to provide sacked California mission finish to match Mock-up sample. End of Section 4441TYP. FOR ALL WALLS EXPOSED TO VIEW, VERIFY LOCATIONS33TYP. FOR SITE WALLS, VERIFY LOCATIONS TYP. FOR BUILDING WALLS, EYEBROWS, SCUPPERS, ETC, VERIFY LOCATIONS 2 2 (N) TEX-COTE COOLWALL COATING AT ALL NON-VERTICAL SURFACES - EXTEND TO OPPOSITE SIDE OF WALLS AS OCCUR, MIN. 18 TO 20 MILS D.F.T. PROVIDE 1/4" WIDE SILICONE SEALANT OVER FOAM BACKING ROD BETWEEN CASING BEAD AND TRIM BOARD (N) PORTLAND CEMENT/SAND PLASTER PATCH CONTINUOUS STAINLESS STEEL CASING BEAD OVER (N) SELF ADHERED FLASHING OVER (E) C.M.U. - STOCKTON SHORT FLANGE SFC WITH DEPTH MATCHING THICKNESS OF (E) CEMENT PLASTER - REMOVE PORTION OF (E) PLASTER AS REQUIRED TO INSTALL SHEET METAL (N) 24 GA. GALV. METAL SURFACE MOUNTED REGLET 3" WIDER THAN (N) WALL FLANGE BELOW - FRY REGLET COMPANY MODEL SM - FASTEN TO MASONRY WALL W/ S.S. MASONRY SCREWS AND FILL TOP WITH SILICONE SEALANT PER MANUFACTURER'S INSTRUCTIONS (N) 22 GA. GALV. SHEET METAL WALL FLASHING PLATE WITH MIN. 3" LARGER THAN COPING FLANGE OVER WALL AND SOLDERED 3" FLANGE UNDER (E) PARAPET SHEET METAL CAP WITH CONT. SEALANT (N) 22 GA. GALV. SHEET
METAL CAP MATCHING (E)PROFILE, SLOPE TOP 1/8" TO BACK - INSTALL OVER OVER CONTINUOUS STRIP OF BITUTHANE SELF ADHERED FLASHING - ANCHOR W/ CONT. CLEAT AT HEMMED FRONT EDGE AND ANCHOR AT BACK WITH FASTENERS IN NEOPRENE WASHERS - BACK ALL JOINT LOCATIONS WITH MIN. 6" LONG BUTT PLATE W/ CONT. SEALANT 8 A800 (N) FIBER CEMENT LAP

SIDING W/ (N) PAINT FINISH
(N) CONTINUOS WEATHER RESISTANT BARRIER INSTALLED ONE PIECE OR SHIP LAPPED OVER (E) STUD WALL - EXTEND FROM TOP OF STUDS (N) CONTINUOUS 6" WIDE STRIP OF

SELF ADHERED FLASHING OVER (E)

WOOD FRAMING AND OVER (N) SHEET METAL
(N) CONTINUOUS 3" X 3" STAIN. STL. "L" METAL(E) MASONRY LEDGE AT OWNER DIRECTION AND UPON REVIEW OF COSTS: BASE PRICE: REMOVE AND REPLACE (E) CEMENT PLASTER PRIOR TO INSTALLING CASING BEAD AS SHOWN SOLID OR ALTERNATE PRICE : INSTALL CASING BEAD DIRECTLY OVER (E) CEMENT PLASTER (ALTERNATE SHOWN DOTTED) (E) CEMENT PLASTER OVER TOP OF C.M.U. WALL NOTE: TYPICAL COPING AT TOP OF WOOD FASCIA WITH A PARAPET CONDITION SHOWN - PROVIDE SIMILAR FLASHING IN THE FORM OF NEW GRAVEL STOP AND GUTTER AT GUTTER CONDITION AS OCCURS 1 2
2 1
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PROPOSED CHANGE
DATE: July 13, 2022 PCO# 012
CONTRACTOR: 101 Builders, Inc. Phone 408-842-3355
10435 Monterey Road
Gilroy, CA 95020 EMAIL: [email protected]
EMAIL: [email protected]
PROJECT NAME: Seaside Fire Station
DESCRIPTION:

REG O.T. D.T. AMOUNT
Item #1 1 lot @ $ (20,691.20) $ - $ - $ (20,691.20)
lot @ $ - $ - $ - $ -
lot @ $ - $ - $ - $ -
lot @ $ - $ - $ - $ -
lot @ $ - $ -
lot @ $ - $ -
lot @ $ - $ -
lot @ $ - $ -
lot @ $ - $ -
lot @ $ - $ -
@ $ - $ -
EQUIPMENT: ea @ $ - $ -
ea @ $ - $ -
MISC: lot @ $ - $ -
hrs @ $ - $ -
hrs @ $ - $ -
SUBCONTR: 1 lot @ $ 62,168.00 $ 62,168.00
1 lot @ $ 11,250.00 $ 11,250.00
101 SUBTOTAL $ (20,691.20)
DIRECT COST MARKUP 15.00% $ (3,103.68)
$ -
$ -
$ -
$ -
SINCERELY, $ -
101 Builders, Inc. $ -
SUBTOTAL $ (23,794.88)
SUBCONTRACTOR SUBTOTAL $ 73,418.00
Antoinette Schreder SUBCONTRACTOR MARKUP $ 3,192.07
Authorized Signature-Contractor, 101 Builders, Inc. SUBTOTAL $ 52,815.19 BOND 1.0% $ 528.15
Authorized Signature-Owner, City of Seaside TOTAL AMOUNT $ 53,343.34 Authorized Signature-Architect
Item #2 - Texcote & Skim Coat - R. Brothers
This proposal is based on the usual cost elements such as labor, material and markup and does not include any amount for impacts , such as but not limited to interference, disruptions, rescheduling, change in sequence of work, delays and/or acceleration directly or indirectly associated with this proposal. We expressly reserve the right to resubmit our proposal for any items should we be faced with performing this or other work under any of these conditions. conditions.

Additional Work Directive #2
Proposal includes labor and materials.

COST BREAKDOWNS

DESCRIPTION
Credit for deletion of Bid Item #6 (Paint)
Item #2 - Texcote & Skim Coat - South County Drywall
License #1037916
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Aprroval Date Aprroval Date
Projected Surplus $ 60,531 6/2/2022 Projected Unassigned Fund Balance $ 18,213,312 6/2/2022 Less: Less:

Move Sr. Maint. Worker from Water fund to General fund $ (103,625) pending Roll over FLIP program $ (70,208) 7/7/2022 Real Property purchase - 1579 & 1583 Del Monte $ (1,150,000) 7/21/2022 Assessment - San Pablo Pedestrian Bridge $ (39,960) 8/4/2022 Interfund loan to Seaside Muni for MCWD capacity charge $ (7,522,232) 8/1/2022 Fire Station #1 Exterior Improvements Project $ (103,713) pending Less:

Operating (deficit) $ (43,094)
Running total surplus/ (deficit): $ (43,094) Running total, Unassigned Fund Balance: $ 9,284,104 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 Gereral Fund
FY 23 Running Budget totals - budget amendments
As of 09/01/2022
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.E.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: September 1, 2022
SUBJECT: ADOPT A RESOLUTION GRANTING AN EASEMENT TO MARINA

COAST WATER DISTRICT FOR THE ORD VILLAGE LIFT

STATION

RECOMMENDATION
Adopt a resolution approving a non-exclusive easement for use by the Marina Coast Water District to operate sanitary sewer facilities adjacent to Monterey Road (APN 031- 051-023).

BACKGROUND
An existing sewer lift station operated by Marina Coast Water District (MCWD) called Ord Village Lift Station (OVLS) is located on the west side of Highway 1 within the Fort Ord Dunes State Park. The OVLS and associated sewer force-main have exceeded their useful service life and required replacement. Since the areas served by the OVLS are within the City of Seaside on the east side of Highway 1, MCWD created a project to relocate the OVLS to the same side of Highway 1. Based upon existing gravity infrastructure, a location adjacent to Monterey Road within an existing lot dedicated to storm water infiltration basins for the Seaside Highlands was selected. The project also relocated the existing sewer force-main into roadways and out of private property, such as the proposed Seaside Senior Living parcel. When the new OVLS and force-main project are completed, the former OVLS west of Highway 1 will be removed and the site was restored to its natural habitat.

On December 5, 2019, the City Council approved resolution 19-110 granting an easement to Marina Coast Water District for construction of the new lift station, associated access easement, and pipeline infrastructure. The new OVLS design was completed in December 2020, a contract for construction was awarded February 16, 2021, and pipeline work started in June of 2021. The lift station upgrade and associated Packet Page 50

Item No. 8.E. Page 2 of 2
force main construction is expected to be complete next month and the old lift station west of Highway was demolished in the next couple months. During construction of the new lift station, the contractor, Monterey Peninsula Engineering (MPE) mistook the temporary construction limits as the final easement limits, and installed the lift station facility fence outside the permanent easement limits. They also cast the generator pad closer to the easement line than intended.

To complete the OVLS project, MCWD has requested a slightly larger easement area (an additional 215 sf) to fit both the generator pad and fence. MCWD will quitclaim (attachment 3) the originally granted lift station easement (attachment 2) if the City Council approves granting a new lift station easement (attachment 4) with the requested expanded area. The quitclaim of the original easement deed, recorded on January 24, 2020, and with Recorder’s Series No. 2020004093, will be filed with the Monterey County Clerk- Recorder at the same time.

Staff recommends adopting a resolution authorizing the City Manager to execute a new easement deed in favor of MCWD in support of the OVLS lift station.

ENVIRONMENTAL COMPLIANCE
On November 18, 2019, the Marina Coast Water District (MCWD) adopted the Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) for the OVLS Project. On November 20, 2019, the MCWD submitted the Notice of Determination (State Clearing House Number 2019099050) for the project.

FISCAL IMPACT
There is no fiscal impact in approving the proposed easement.

ATTACHMENTS

1. Resolution

2. Ord Village Lift Station Easement (Recorder Series No. 2020004093)

3. Quitclaim of Ord Village Lift Station Easement

4. New OVLS Grant of Easement Deed
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT DEED ON PUBLIC PROPERTY AT 630 MONTEREY ROAD WITH APN 031-051-023 TO

MARINA COAST WATER DISTRICT
WHEREAS, the City of Seaside is the owner of that certain real property commonly known as the storm drain basins at Seaside Highlands in the City of Seaside, situated in the County of Monterey, State of California, currently identified as County of Monterey Assessor’s Parcel Numbers (APN) 031-051-023 (the “Property”); and WHEREAS, the Marina Coast Water District (MCWD) operates a sewer lift station west of Highway 1 within Fort Ord Dunes State Park that has exceeded its useful life; and WHEREAS, on December 5, 2019, the City Council adopted Resolution 19-110 granting easements to MCWD for the construction of a replacement sewer lift station and associated appurtenances within the Property; and
WHEREAS, the Marina Coast Water District (MCWD) is almost complete with construction of the replacement sewer lift station to the east side of Highway 1 adjacent to Monterey Road within the Property (the “Project); and WHEREAS, the contractor, Monterey Peninsula Engineering (MPE) inadvertently installed the lift station facility fence outside the permanent easement limits and cast the generator pad closer to the easement line than intended; and WHEREAS, MCWD has agreed to quitclaim the previously grant of easement deed by the City for the lift station and recorded with Monterey County (Recorder’s Series No. 2020004093); and
WHEREAS, the City wishes to convey a revised easement for the lift station facility to the Project; and
NOW, THEREFORE BE IT RESOLVED that the City of Seaside authorizes the City Manager to execute an easement deed on the property with APN 031-051-023 to MCWD.

PASSED AND ADOPTED at a regular meeting of the City of Seaside duly held on the 1st day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

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______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
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1 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Seaside
440 Harcourt Avenue
Seaside, California 93955
Attn: City Manager
The undersigned grantor declares: (Space Above For Recorder's Use) Documentary Transfer Tax exempt
Pursuant to Section 11932 of the
Revenue and Taxation Code
Transfer to a Public Entity

QUITCLAIM DEED
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the undersigned does hereby REMISE, RELEASE AND FOREVER QUITCLAIM, to the CITY OF SEASIDE, a California Municipal Corporation, the following:

All of undersigned’s right, title and interest in that certain Grant of Easements executed by and between the City of Seaside, as Grantor, and the undersigned, as grantee, recorded January 24, 2020, as Recorder’s Series No. 2020004093, Official Records. [SIGNATURE ON IMMEDIATELY FOLLOWING PAGE]
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IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of ____________________, 2022.

MARINA COAST WATER DISTRICT,
a county water district and political
subdivision of the State of California
By:

Name: Remleh Scherzinger
Title: General Manager
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
)
County of Monterey )
On _____________________, before me, Paula Riso, a Notary Public, personally appeared Remleh Scherzinger, who proved to me on the basis of satisfactory evidence to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of MARINA COAST WATER DISTRICT, a county water district and political subdivision of the State of California which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________ (Seal)
Notary Public in and for said State
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1 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Marina Coast Water District
11 Reservation Road
Marina, California 93933
Attn: General Manager
The undersigned grantor declares: (Space Above For Recorder's Use) Documentary Transfer Tax exempt
Pursuant to Section 11932 of the
Revenue and Taxation Code
Transfer to a Public Entity

GRANT OF EASEMENTS
This Grant of Easements, dated this day of , 20___, is
made by City of Seaside, a California Municipal Corporation, ("Grantor") in favor of Marina Coast Water District, a county water district and political subdivision of the State of California ("Grantee").

A. Pursuant to Section 2859 of Public Law 104-106, the United States of America (“Government”) conveyed to the City of Seaside (“Seaside”) the property that is the subject of this Easement ("Property") by Quitclaim Deed ("Government Deed"), reserving to the Government certain exclusions, restrictions, stipulations and covenants, and burdening Seaside with certain obligations, said deed duly recorded on July 25, 2002 in the County of Monterey, Office of the County Recorder, as Document No. 2002068592; B. Seaside conveyed to K&B Bakewell Seaside Venture, LLC, its interest in the Property by quitclaim deed, reserving to the Government and Seaside certain exclusions, restrictions, stipulations and covenants, and burdening Grantor with certain obligations, said deed duly recorded on July 2, 2002 in the County of Monterey, Office of the County Recorder, as Document No. 2002068594;
C. K&B Bakewell Seaside Venture, LLC, dedicated Parcel B of the Property to Seaside on the map entitled “Tract 1396 – Seaside Highlands Phase 1” filed for record August 22, 2003 in Volume 22 of Cities and Towns at Page 33 in the County of Monterey, Office of the County Recorder;
D. Grantee desires to receive an easement over said land and Grantor has agreed to grant to Grantee such easement as hereinafter set forth.

NOW, THEREFORE, for valuable consideration, Grantor hereby grants and conveys to Grantee, its successors and assigns, a non-exclusive easement for the purposes of installation, inspection, replacement, maintenance and removal of a sanitary sewer lift station (the “Utility”) on, over, under, across and along that Property located in the County of Monterey, State of California, as more particularly described on Exhibit A attached hereto (the “Easement Property”).

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Grantee hereby agrees that utility structures or improvements shall be constructed in such a manner as to limit the potential visual impacts by incorporating and maintaining landscaping and other appropriate structures, such as fencing, as may be directed by the Grantor.

Grantor hereby agrees that no permanent structures or improvements shall be built on the Easement Property.

Grantee shall indemnify, defend and hold the Grantor harmless from any and all claims, damage or expense arising out of the actions or omissions of the Grantee, its agents and employees with respect to the installation, operation, maintenance, repair or removal of the Utility described above.

Grantor agrees for itself and its heirs and assigns that the Utility on the Easement Property shall be and remain the personal property of the Grantee and may not be altered, obstructed or removed without the express written consent of the Grantee. Grantee, and its contractors, agents and employees, shall have the right to trim or cut trees and/or roots which may endanger or interfere with said Utilities and shall have free access to said Utility and every part thereof, at all times for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said Easement Property, Grantee shall make the same in such manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the area to as near the same condition as it was prior to such excavation as is practical.

In its transfer of the Property to Seaside, the Government provided certain information regarding the environmental condition of the Property. That same information was provided by FORA in its conveyance to Grantor. Pursuant to the Government Deed, Grantor is required to provide to any grantee of an interest in the Property the environmental protection provisions contained in the Government Deed. The Grantor has no knowledge regarding the accuracy or adequacy of such information.

The italicized information below is copied verbatim (except as discussed below) from the FORA deed conveying the Property to the Grantor. The Grantee hereby acknowledges and assumes all responsibilities with regard to the Property placed upon the Grantor under the terms of the aforesaid Government deed to Grantor and Grantor grants to Grantee all benefits with regard to the Property under the terms of the aforesaid Government Deed. Within the italicized information only, the term "Grantor" shall mean the Government, and the term "Grantee" shall mean the City of Seaside; to avoid confusion, the words "the Government" have been added in parenthesis after the word "Grantor", and "Seaside" has been added in parenthesis after the word "Grantee".

III. EXCLUSIONS AND RESERVATIONS:

This conveyance is made subject to the following EXCLUSIONS and RESERVATIONS:

A. All water allocations derived from the Salinas aquifer shall remain with the GRANTOR (“the Government”) consistent with the Agreement. With regard to the ultimate disposition of any water and water allocation rights, the GRANTOR (“the Government”) shall cooperate with the GRANTEE (“Seaside”), other grantees of former Fort Ord property, the Monterey County Water Resources Agency (MCWRA), the Marina Coast Water District (MCWD), and the Fort Ord Reuse Authority (FORA) in seeking to ensure that GRANTEE (“Seaside”) and its successors and assigns, will continue to be provided an equitable supply of the water at the former Ford Ord.

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B. With regard to the ultimate disposition of any rights or interests the GRANTOR (“the Government”) has in wastewater discharge rights provided by the Monterey Regional Water Pollution Control Agency (MRWPCA), the GRANTOR (“the Government”) shall cooperate with GRANTEE (“Seaside”) in accordance with the Agreement, other grantees of property at Ford Ord, the MRWPCA, the MCWD, and FORA in seeking to ensure that GRANTEE (“Seaside”) and all other Fort Ord grantees will continue to enjoy equitable utilization of the existing sewerage treatment capacity, including existing connections to the Ford Ord sewerage collection system.

C. The GRANTOR (“the Government”) retains ownership to all Government-owned main trunk sewer and water utility distribution systems traversing the Property to serve other portions of the former Ft. Ord.

D. The GRANTOR (“the Government”) reserves assignable nonexclusive easements and right-of-way, 15 feet in width, in, on, over and across the Property and centered on the existing utility distribution systems owned and retain by GRANTOR (“the Government”) at the time of this conveyance and located on the Property. Said easements and rights-of-way shall be for the purpose of locating, construction, operating, maintaining, altering, repairing and patrolling utility systems together with the right to trim, cut, fell and remove therefrom, consistent with the Installation-Wide Multispecies Habitat Management Plan and applicable law governing protection of endangered species, all trees, underbrush, obstructions and other vegetation, structures, or obstacles within the limits of the easements and right-ofway; reserving, however, to GRANTEE (“Seaside”) and its successors and assigns, the right to relocate the main trunk sewer and water utility distribution systems and such easements and rights-of-way at the expense of GRANTEE (“Seaside”) and its successors and assigns; and reserving the right to the GRANTEE (“Seaside”) to use and cross such easements and rights-of-way; however, such rights of GRANTEE (“Seaside”) are subject to existing easements and rights of ways.

E. The Property is taken by the GRANTEE (“Seaside”) subject to any and all valid and existing recorded outstanding liens, licenses, leases, easements, and any other encumbrances made for the purpose of roads, streets, utility systems, rights-of-way, pipelines, and/or covenants, exceptions, interests, liens, reservations, and agreements of record.

F. The GRANTOR (“the Government”) reserves a perpetual unassignable right to enter the Property for the specific purpose of treating or removing any unexploded shells, mines, bombs, or other such devices deposited or caused by the GRANTOR (“the Government”).

G. Access to USA Media Group, LLC, or its successor in interest, TV cable lines is reserved until expiration for its existing franchise agreement, November 19, 2005.

H. The reserved rights and easements set forth in this Section are subject to the following terms and conditions:

1. to comply with all applicable federal law and lawful existing regulations;

2. to allow the occupancy and use by the GRANTEE (“Seaside”) its successors, assigns, permittees, or lessees of any part of the easement areas not actually occupied or required for the purpose of the full and safe utilization thereof by the GRANTOR (“the Government”), so long as such occupancy and use does not compromise the ability of the GRANTOR (“the Government”) to use the easements for their intended purposes, as set forth herein;

3. that the easements granted shall be for the specific use described and may not be construed to include the further right to authorize any other use within the easements unless approved in writing by the fee holder of the land subject to the easement; Packet Page 76

4. that any transfer of the easements by assignment, lease, operating agreement, or otherwise must include language that the transferee agrees to comply with and be bound by the terms and conditions of the original grant;

5. that, unless otherwise provided, no reservation or interest granted shall give the GRANTOR (“the Government”) any right to remove any material, earth, or stone for consideration or other purpose except as necessary in exercising its rights hereunder; and

6. to restore any easement area so far as it is reasonably possible to do so upon abandonment or release of any easement as provided herein, unless this requirement is waived in writing by the GRANTEE (“Seaside”);
I. GRANTOR (“the Government”) reserves mineral rights that GRANTOR (“the Government”) owns presently or may at a future date be determined to own, below 500 feet below the surface, with the right of surface entry in a manner that does not unreasonably interfere with GRANTEE’s (“Seaside”) development and quiet enjoyment of the Properties.

IV. TO HAVE AND TO HOLD the Property unto the GRANTEE (“Seaside”) and its successors and assigns forever, provided that this Deed is made and accepted upon each of the following notices, covenants, restrictions, and conditions which shall be binding upon and enforceable against the GRANTEE (“Seaside”), its successors and assigns, in perpetuity, as follows:

V. “AS IS, WHERE IS’”
The Parcel 1 Hayes Housing Property is conveyed in an “As Is, Where Is” condition without any representation, warranty or guarantee, except as required pursuant to applicable law or as otherwise stated in the Agreement or herein, by the GRANTEE (“Seaside”) as to quantity, quality, title, character, condition, size, or kind, or that the same is in condition or fit to be used for the purpose for which intended, and no claim for allowance or deduction upon such grounds will be considered. There is no obligation on the part of the GRANTOR (“the Government”) to make any alterations, repairs, or additions, and said GRANTOR (“the Government”) shall not be liable for any latent or patent defects in the Property. This section shall not affect the GRANTOR’s (“the Government”) responsibility under CERCLA or Section VI herein.

VI. FEDERAL FACILITIES AGREEMENT (FFA)
By accepting this Deed, the GRANTEE (“Seaside”) acknowledges that the GRANTEE (“Seaside”) has read the Federal Facilities Agreement (“FFA”), and recognizes that, should any conflict arise between the terms of the FFA and the terms of this Deed, the FFA will take precedence.

Notwithstanding any other provisions of this conveyance, the GRANTOR (“the Government”) assumes no liability to the GRANTEE (“Seaside”) should implementation of the FFA interfere with the GRANTEE’s (“Seaside”) use of the Property. GRANTOR (“the Government”) shall give GRANTEE (“Seaside”) reasonable notice of its actions required by the FFA and GRANTOR (“the Government”) shall, consistent with the FFA, and at no additional cost to the GRANTOR (“the Government”), endeavor to minimize the disruption of the GRANTEE’s (“Seaside”), its successors’ and assigns’ use of the Property.

The GRANTEE (“Seaside”) shall have no claim on account of any such interference against the GRANTOR (“the Government”) or any officer, agent, employee, or contractor thereof.

VII. CERCLA COVENANTS, NOTICE, AND ENVIRONMENTAL REMEDIATION A. Pursuant to Section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C. Section 9601 et seq. (“CERCLA”), the Finding of Suitability to Transfer (“FOST”) documents are attached as Exhibit B to the Deed; an Environmental Baseline Survey (“EBS “) is referenced in the FOST and sets forth the existing environmental condition of the Property. The FOST sets forth the basis for the GRANTOR’s (“the Government”) determination Packet Page 77
that the Property is suitable for transfer. The GRANTEE (“Seaside”) is hereby made aware of the notifications contained in the EBS and the FOST. The GRANTOR (“the Government”) represents .that the Property is environmentally suitable for transfer to GRANTEE (“Seaside”) for the purposes identified in the Final Fort Ord Base Reuse Plan dated December 12, 1994, as amended on June 13, 1997, as approved by the Fort Ord Reuse Authority. If, after conveyance of the Property to GRANTEE (“Seaside”), there is an actual or threatened release of a hazardous substance on the Property, or in the event that a hazardous substance is discovered on the Property after the date of the conveyance, whether or not such substance was set forth in the technical environmental reports, including the EBS, GRANTEE (“Seaside”) or its successor or assigns shall be responsible for such release or newly discovered substance unless such release or such newly discovered substance was due to GRANTOR’s (“the Government”) activities, ownership, use, presence on, or occupation of the Property, or the activities of GRANTOR’s (“the Government”) contractors and/or agents. GRANTEE (“Seaside”), its successors and assigns, as consideration for the conveyance, agrees to release GRANTOR (“the Government”) from any liability or responsibility for any claims arising out of or in any way predicated on release of any hazardous substance on the Property occurring after the conveyance, where such substance or product was placed on the property by GRANTEE (“Seaside”), or its agents or contractors, after the conveyance.

B. Based on the FOST, the Property has been assigned Department of Defense Environmental Condition Category I (areas where no release or disposal of hazardous substances or petroleum, products has occurred).

C. GRANTOR (“the Government”) covenants that any additional remedial action due to the former activity on the Property by the GRANTOR (“the Government”) found to be necessary after such date of transfer shall be performed by the United Stated unless the person or entity to whom the Property is transferred is a potentially responsible party under CERCLA with respect to the Property.

D. GRANTEE (“Seaside”) covenants that the GRANTOR (“the Government”), its officers, agents, employees, contractors and subcontractors, in accordance with section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, reserves a right of access to any and all portions of the Property for purposes of environmental investigation, remediation, or other corrective actions found to be necessary after the date of the conveyance of the Property. The GRANTOR (“the Government”) and the GRANTEE (“Seaside”) agree to cooperate in good faith to minimize any conflict between necessary environmental investigation and remediation activities and GRANTEE’s (“Seaside”) or any Sublessee’s operations. Any inspection, survey, investigation, or other response or remedial action will to the extent practicable, be coordinated with representatives designated by GRANTEE (“Seaside”). Pursuant to this reservation, the GRANTOR (“the Government”) and its officers, agents, employees, contractors, subcontractors shall have the right (upon reasonable notice to the GRANTEE (“Seaside”) or the then owner and any authorized occupant of the Property) to enter upon the Property, and perform surveys, drillings, test pitting, borings, data and/or record compilation, and other activities related to environmental investigation, and to carry out remedial or removal actions as required or necessary under applicable authorities, including but not limited to installation of monitoring and extraction wells, and other treatment facility.

E. The GRANTOR (“the Government”) covenants that upon completion of any removal or remediation action that removes the risk giving rise to any restriction on future use or any limitation of activities contained in a Deed or lease for the Property or in any other document relating to the Property, the GRANTOR (“the Government”), without any payment of funds by the United States, agrees to cooperate with the GRANTEE (“Seaside”), its successors or assigns, in any application, permit, easement or effort to obtain approval from appropriate Federal, state or local authorities for the purpose of removing any such restriction or limitation, which the GRANTEE (“Seaside”), its successors or assigns, shall seek to remove or eliminate.

F. The GRANTOR (“the Government”) recognizes its obligation to hold harmless, defend, and indemnify the GRANTEE (“Seaside”) and any successor, assignee, transferee, lender, or lessee of the GRANTEE (“Seaside”), or its successors and assigns, as required by Section 330 of the National Packet Page 78
Defense Authorization Act of 1993, as amended (Pub. L. No. 102-484), and to otherwise meet its obligations under Federal law.

VII. NOTICE OF THE PRESENCE OF ASBESTOS
A. The GRANTEE (“Seaside”) is hereby informed and does acknowledge that friable and nonfriable asbestos or asbestos-containing material (“ACM”) have been found on the Property, as described more fully in the Final EBS, associated Asbestos Survey Reports of the Former Fort Ord and the attached FOST for the Property (Exhibit “B”). To the best of GRANTOR’s (“the Government”) knowledge, the ACM on the Property does not currently pose a threat to human health or the environment.

B. The GRANTEE (“Seaside”) covenants and agrees that its use and occupancy of the Property will be in compliance with all applicable laws relating to asbestos; and that the GRANTOR (“the Government”) assumes no liability for future remediation of asbestos or damages f or personal injury, illness, disability, or death, to the GRANTEE (“Seaside”), its successors or assigns, or to any other person, including members of the general public, arising from or incident to the purchase, transportation, removal, handling, use, disposition, or other activity causing or leading to contact of any kind whatsoever with asbestos on the Property after the date of this Deed, whether the GRANTEE (“Seaside”), its successors or assigns have properly warned or failed to properly warn the individual(s) injured. The GRANTEE (“Seaside”) assumes no liability for damages or remediation for personal injury, illness, disability, death or property damage arising from (i) any exposure to asbestos or ACM that resulted prior to the GRANTOR’s (“the Government”) conveyance of such portion of the Property to the GRANTEE (“Seaside”) pursuant to this Deed or any leases entered into between the GRANTOR (“the Government”) and GRANTEE (“Seaside”), or (ii) any disposal of asbestos or ACM prior to the GRANTOR’s (“the Government”) conveyance of the Property to the GRANTEE (“Seaside”).

C. The GRANTEE (“Seaside”) acknowledges that it has had the opportunity to inspect the Property as to its asbestos content and condition and any hazardous or environmental conditions relating thereto. The failure of the GRANTEE (“Seaside”) to inspect or be fully informed as to the asbestos condition of all or any portion of the Property will not constitute grounds for any claim or demand against the United States.

D. The GRANTEE (“Seaside”), its successors and assigns are hereby informed that unprotected or unregulated exposures to asbestos in product manufacturing, shipyard, building construction workplaces have been associated with asbestos-related diseases. Both the Occupational Safety and Health Administration (“OSHA “) and the EPA regulate asbestos because of the potential hazards associated with exposure to airborne asbestos fibers. Both OSHA and EPA have determined that such exposure increases the risk of asbestos-related diseases, which include certain cancers and which can result in disability or death.

E. The GRANTEE (“Seaside”) further agrees to indemnify and hold harmless the GRANTOR (“the Government”), its officers, agents and employees, from and against all suits, claims, demands or actions, liabilities, judgments, costs and attorneys’ fees arising out of or in any manner predicated upon, exposure to asbestos on any portion of the Parcel 1 Hayes Housing Property after this conveyance of the Parcel 1 Hayes Housing Property to the GRANTEE (“Seaside”) or any future remediation or abatement of asbestos or the need therefor. The GRANTEE’s (“Seaside”) obligation hereunder shall apply whenever the United States incurs costs or liabilities for actions giving rise to liability under this section.

IX. NOTICE OF THE PRESENCE OF LEAD-BASED PAINT
A. The GRANTEE (“Seaside”) and its successors and assigns are hereby informed and acknowledge that buildings on the Property, constructed or rehabilitated prior to 1978, are presumed to contain lead-based paint. GRANTEE (“Seaside”), its successors and assigns are hereby informed that Packet Page 79
lead from paint, paint chips, and dust can pose health hazards if not managed properly. Every purchaser of any interest in Residential Real Property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller’s possession and notify the buyer of any known lead-based paint hazards. “Residential Real Property” means dwelling units, common areas, building exterior surfaces, and any surrounding land, including outbuildings, fences and play equipment affixed to the land, available for use by residents but not including land used for agricultural, commercial, industrial, or other non-residential purposes, and not including paint on the pavement of parking lots, garages, or roadways and buildings visited regularly by the same child, six years of age or under, on at least two difference days within any week, including day-care centers, preschools and kindergarten classrooms.

B. Available information concerning known lead-based paint and/or lead-based paint hazards, the location of lead-based paint or lead-based paint hazards, and the condition of painted surfaces is contained in the Environmental Baseline Survey and (for residential properties) the lead based paint risk assessment, which have been provided to the GRANTEE (“Seaside’). Additionally, the federally approved pamphlet on lead poisoning prevention and the FOST have been provided t the GRANTEE (“Seaside”). The GRANTEE (“Seaside”) hereby acknowledges receipt of all of the information described in this Paragraph.

C. The GRANTEE (“Seaside”), its successors and assigns, covenants and agrees that they shall not permit the occupancy or use of any buildings or structures located on the Property, which were constructed or rehabilitated prior to 1978, as residential property without complying with this Paragraph IX NOTICE OF THE PRESENCE OF LEAD-BASED PAINT and all applicable federal, state, and local laws and regulations pertaining to lead-based paint and/or lead-based paint hazards.

D. The GRANTEE (“Seaside”) covenants that it shall not permit the occupancy or use of any buildings or structures on the Property as Residential Property without complying with this section and all applicable federal, state, and local laws and regulations pertaining to lead-based paint and/or lead-based paint hazards. Prior to permitting the occupancy of Residential Real Property, if required by law or regulation, the GRANTEE (“Seaside”), its successors and assigns, at its sole expense, will: (i) inspect for the presence of lead-based paint and/or lead-based paint hazards; (ii) abate and eliminate lead-based paint hazards in accordance with all applicable laws and regulations, and (iii) comply with all applicable notice and disclosure requirements under applicable federal and state law. The GRANTEE (“Seaside”) agrees to be responsible for all remediation of lead-based paint or lead-based paint hazards found to be necessary on the Property after the conveyance to the GRANTEE (“Seaside”).

E. The GRANTOR (“the Government”) assumes no liability for remediation or damages for personal injury, illness, disability, or death, to the GRANTEE (“Seaside”), its successors and assigns, sublessees or to any other person, including members of the general public, arising from or incident to lead-based paint located on the Property. The GRANTEE (“Seaside”) further agrees to indemnify and hold harmless the GRANTOR (“the Government”), its officers, agents and employees, from and against all suits, claims, demands, or actions, liabilities, judgments, costs and attorneys’ fees arising out of or in a manner predicated upon remediation, personal injury, death or property damage resulting from, related to, caused by or arising out of lead-based paint on the Property. The GRANTEE’s (“Seaside”) obligation hereunder shall apply whenever the United States of America incurs costs or liabilities for actions giving rise to liability under this section. However, the GRANTEE (“Seaside”) assumes no liability or obligation to indemnify for (i) remediation or damages for personal injury, illness, disability or death suffered or incurred by the GRANTOR (“the Government”), its officers, agents, and employees or by any other person, including members of the general public, arising form any exposure of any person to lead-based paint on any portion of the Property occurring prior to the date of conveyance of such Packet Page 80
portion of the Property to GRANTEE (“Seaside”), or (ii) any failure of the GRANTOR (“the Government”) to comply with any legal requirements applicable to lead-based paint conditions on any portion of the Property prior to the GRANTOR’s (“the Government”) conveyance of such portion of the Property to the GRANTEE (“Seaside”) pursuant to the Agreement, or (iii) any lead-based paint or leadbased paint hazards which were located on the Property at any time prior to the date of the GRANTOR’s (“the Government”) transfer of the applicable portion of the Property but are no longer located thereon at the time of such lease or transfer, or (iv) any disposal, prior to the GRANTOR’s (“the Government”) transfer of the applicable portion of the Property but are no longer located thereon at the time of such lease or transfer, or (iv) any disposal, prior to the GRANTOR’s (“the Government”) transfer of the applicable portion of the Property, of any lead-based paint or material contaminated by lead-based paint.

F. The GRANTEE’s (“Seaside”) obligation hereunder shall apply whenever the United States of America incurs costs or liabilities for actions giving rise to liability under this section.

G. The covenants, restrictions, and requirements of this Paragraph shall be binder upon the GRANTEE (“Seaside”), its successors and assigns, and shall be deemed to run with the land.

X. NOTICE OF THE POTENTIAL FOR THE PRESENCE OF PESTICIDES

AND COVENANT
A. The GRANTEE (“Seaside”) is hereby informed that pesticides may be present on the Property, the presence of pesticides does not currently pose a threat to human health or the environment, and the use and application of any pesticide product by the GRANTOR (“the Government”) was in accordance with its intended purpose, and in accordance with CERCLA § 107 (i), which states:
“No person (including the United States or any State or Indian tribe) may recover under the authority of this section for any response costs or damages resulting from the application of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).

Nothing in this paragraph shall affect or modify in any way the obligations or liability of any person under any other provision of State or Federal law, including common law, for damages, injury, or loss resulting from a release of any hazardous substance or for removal or remedial action or the costs of removal or remedial action of such hazardous substance.” B. Pesticides used on the Property are listed in the attached FOST (Exhibit “B”). Upon request, the GRANTOR (“the Government”) agrees to furnish to the GRANTEE (“Seaside”) any and all records in its possession related to the use of the pesticides necessary for the continued compliance by the GRANTEE (“Seaside”) with applicable laws and regulations related to the use of pesticides.

C. The GRANTEE (“Seaside”) covenants and agrees that its continued possession, potential use and continued management of the Property, including any demolition of structures, will be in compliance with all applicable laws relating to hazardous substance/pesticides and hazardous wastes.

However, the GRANTEE (“Seaside”) assumes no liability for (i) remediation or damages for personal injury, illness, disability, or death suffered or incurred by the GRANTOR (“the Government”), its officers, agents and employees or any other person, including members of the general public, arising from any exposure of any person to Pesticides on any portion of the Property occurring prior to the date of conveyance of such portion of the Property to the GRANTEE (“Seaside”)or (ii) any failure of GRANTOR (“the Government”) to comply with any legal requirements applicable to Pesticides on any portion of the Property prior to the GRANTOR’s (“the Government”) conveyance of such portion of the Property to the GRANTEE (“Seaside”) pursuant to the Agreement, or (iii) any Pesticides or Pesticide hazards which were located on the Property at any time prior to the dated of the GRANTOR’s (“the Government”) transfer of the applicable portion of the Property but are no longer located thereon at the time of such lease or transfer, or (iv) any disposal prior to the GRANTOR’s (“the Government”) transfer of the applicable portion of the Property, of any Pesticides or materials contaminated by Pesticides.

XI. POLYCHLORINATED BIPHENYLS (“PCBs”)
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A. The GRANTEE (“Seaside”) is hereby informed that PCBs may be present in light fixtures ballasts found in buildings on the Property.

B. The GRANTOR (“the Government”) shall assume no liability for remediation or damages for personal injury, illness or disability or death to the GRANTEE (“Seaside”), its successors or assigns, sublessees or to any other person, including members of the general public, arising from or incident to PCBs located on the Property. The GRANTEE (“Seaside”) further agrees to indemnify and hold harmless the GRANTOR (“the Government”), its officers, agents and employees, from and against all suits, claims, demands or actions, liabilities, judgments, costs and attorneys’ fees arising out of or in any manner predicated upon, remediation, personal injury, death or property damage resulting from, related to, caused by or arising out of PCBs on the Property. The GRANTEE’s (“Seaside”) obligation hereunder shall apply whenever the United States incurs costs or liabilities for actions giving rise to liability under this section. However, the GRANTEE (“Seaside”) assumes no liability or obligation to indemnify for (i) remediation or damages for personal injury, illness, disability, or death suffered or incurred by the GRANTOR (“the Government”), its officers, agents and employees or any other person, including members of the general public, arising from any exposure of any person to PCB’s on any portion of the Property occurring prior to the date of conveyance of such portion of the Property to the GRANTEE (“Seaside”)or (ii) any failure of GRANTOR (“the Government”) to comply with any legal requirements applicable to PCBs on any portion of the Property prior to the GRANTOR’s (“the Government”) conveyance of such portion of the Property to the GRANTEE (“Seaside”) pursuant to the Agreement, or (iii) any PCBs or PCB hazards which were located on the Property at any time prior to the dated of the GRANTOR’s (“the Government”) transfer of the applicable portion of the Property but are no longer located thereon at the time of such lease or transfer, or (iv) any disposal prior to the GRANTOR’s (“the Government”) transfer of the applicable portion of the Property, of any PCBs or materials contaminated by PCBs.

C. The GRANTEE (“Seaside”) covenants and agrees that its continued possession, potential use and continued management of the Property, including nay demolition of structures, will be in compliance with all applicable laws relating to hazardous materials/PCBs and hazardous wastes.

XII. ORDNANCE AND EXPLOSIVES (OE)
The former Fort Ord is a former military installation with a history of OE use and, therefore, there is potential for OE to be present on the Property. An archival search conducted during compilation of the Fort Ord Comprehensive Environmental Response Facilitation Act (CERFA) Report found no evidence of OE within the Property. In the event the GRANTEE (“Seaside”), its successors, and assigns, should discover any ordnance on the Property, it shall not attempt to remove or destroy it, but shall immediately notify the local Police Department and the Directorate of Law Enforcement at the Presidio of Monterey and competent GRANTOR (“the Government”) or GRANTOR (“the Government”) designated explosive ordnance personnel will be dispatched promptly to dispose of such ordnance at no expense to the GRANTEE (“Seaside”), whenever OE may be discovered.

XII. ENDANGERED SPECIES
The GRANTEE (“Seaside”), its assigns, or successors shall comply with the requirements, if any and if applicable, of the Installation-Wide Multispecies Habitat Management Plan (“HMP”) for Former Fort Ord, California.

A. The Property is within Habitat Management Plan (HMP) Development Areas. No resource conservation requirements are associated with the HMP for these parcels. However, small pockets of habitat may be preserved within and around the Property.

B. The Biological Opinion identifies sensitive biological resources that may be salvaged for use in restoration activities within reserve areas, and allows for development of the Parcels.

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C. The HMP does not exempt the GRANTEE (“Seaside”) from complying with environmental regulations enforced by federal, state, or local agencies. These regulations could include obtaining the Endangered Species Act (“ESA”) (16 U.S.C. §§ 1531-1544 et seq.) Section 7 or Section 10(a) permits from the U.S. Fish and Wildlife Service (“USFWS”); complying with prohibitions against take of listed animals under ESA Section 9, complying with prohibitions against the removal of listed plants occurring on federal lands or the destruction of listed plants in violation of any state laws; complying with measures for conservation of state-listed threatened and endangered species and other special-status species recognized by California Department of Fish and Game (DFG) under the California ESA, or California Environmental Quality Act (CEQA); and, complying with local land use regulations and restrictions.

D. The HMP serves as a management plan for both listed and candidate species, and is a prelisting agreement between the USFWS and the local jurisdiction for candidate species that may need to be listed because of circumstances occurring outside the area covered by the HMP.

E. Implementation of the HMP would be considered suitable mitigation for impacts to HMP species within HMP prevalent areas and would facilitate the USFWS procedures to authorize incidental take of these species by participating entities as required under ESA Section 10. No further mitigation will be required to allow development on the Property unless species other than the HMP target species are proposed for listing or are listed.

F. The HMP does not authorize incidental take of any species listed as threatened or endangered under the ESA by entities acquiring land at the former Fort Ord. The USFWS has recommended that all nonfederal entities acquiring land at former Fort Ord apply for ESA Section 10(a)(1)(B) incidental take permits for the species covered in the HMP. The definition of “take” under the ESA includes to harass, harm, hunt, shoot, wound, pursue, kill, trap, capture, or collect, or attempt to engage in any such conduct. Although the USFWS will not require further mitigation from entities that are in conformance with the HMP, those entities without incidental take authorization would be in violation of the ESA if any of their actions resulted in the take of a listed animal species. To apply for a Section 10(a)(1)(B) incidental take permit, an entity must submit an application form (Form 3-200), a complete description of the activity sought to be authorized, the common and scientific names of the species sought to be covered by the permit, and a conservation plan (50 CFR 17.22[b]).

G. The GRANTEE (“Seaside”) acknowledges that it has signed the HMP dated April 1997, and will cooperate with adjacent property owners in implementing mitigation requirements identified in the HMP for adjacent sensitive habitat areas.

XIV. AIR NAVIGATION RESERVATION AND RESTRICTIONS
The Monterey Airport and the former Fritzsche Airfield now known as the Marina Municipal Airport are in close proximity of the Property. Accordingly, in coordination with the Federal Aviation Administration, the GRANTEE (“Seaside”), covenants and agrees, on behalf of itself, its successors and assigns and every successor in interest to the Property wherein described, or any part thereof that, when applicable, there will be no construction or alteration unless a determination of no hazard to air navigation is issued by the Federal Aviation Administration in accordance with Title 14, Code of Federal Regulations, Part 77, entitled, Objects Affecting Navigable Airspace, or under the authority of the Federal Aviation Act of 1968, as amended.

XV. ENFORCEMENT AND NOTICE REQUIREMENT
A. The provisions of this Deed benefit the governments of the United States of America, the State of California, acting on behalf of the public in general, the local governments, and the lands retained by the GRANTOR (“the Government”) and, therefore, are enforceable, by resort to specific performance or legal process by the United States, the State of California, the local governments, and by Packet Page 83
the GRANTEE (“Seaside”), and its successors and assigns. Enforcement of this Deed shall be at the discretion of the parties entitled to enforcement hereof, and any forbearance, delay or omission to exercise their rights under this Deed in the event of a breach of any term of this Deed, shall not be deemed to be a waiver by any such party of such term or of any subsequent breach of the same or any other terms, or of any of the rights of said parties under this Deed. All remedies available hereunder shall be in addition to any and all other remedies at law or in equity, including CERCLA. The enforcement rights set forth in this deed against the GRANTEE (“Seaside”), or its successors and assigns, shall only apply with respect to the Property conveyed herein and held by such GRANTEE (“Seaside”), its successors or assigns, and only with respect to matters occurring during the period of time such GRANTEE (“Seaside”), its successors or assigns, owned or occupied such Property or any portion thereof.

B. The GRANTEE (“Seaside”), its successors or assigns, shall neither transfer the Property, nor any portion thereof nor grant any interest, privilege, or license whatsoever in connection with the Property without the inclusion, to the extent applicable to the Property or any portion thereof, of the environmental protection provisions contained in Paragraphs, Exclusions and Reservations, CERCLA Covenants, Notices and Environmental Remediation; Notice of the Presence of Asbestos, Notice of the Presence of Lead-Based Paint; Notice of the Potential for the Presence of Pesticides and Covenant, Polychlorinated Biphenyls (PCBs), Ordnance and Explosives; Endangered Species, Air Navigation Reservation and Restrictions, and Enforcement and Notice Requirement, and shall require the inclusion, to the extent applicable, of such environmental protection provisions in all further deeds, transfers, leases, or grant of any interest, privilege, or license.

C. The obligations imposed in this Paragraph upon the successors or assigns of GRANTEE (“Seaside”) shall only extend to the property conveyed to any such successor or assign.

XVI. NOTICE OF NON-DISCRIMINATION
With respect to activities related to the Property, the GRANTEE (“Seaside”) covenants for itself, its successors and assigns, that the GRANTEE (“Seaside”), and such successors and assigns, shall not discriminate upon the basis of race, color, religion, sex, age, handicap, or national origin in the use, occupancy, sale or lease of the Property, or in their employment practices conducted thereon in violation of the provisions of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. Section 2000d); the Age Discrimination Act of 1975 (42 U.S.C. Section 6102); and the Rehabilitation Act of 1973, as amended, (29 U.S.C. Section 794). The GRANTOR (“the Government”) shall be deemed a beneficiary of this covenant without regard to whether it remains the owner of any land or interest therein in the locality of the Property hereby conveyed, and shall have the sole right to enforce this covenant in any court of competent jurisdiction.
[SIGNATURE ON IMMEDIATELY FOLLOWING PAGE]
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Executed this_____ day of _____, 20__.

GRANTOR:

City of Seaside,
a California Municipal Corporation
By:

Name:

Title:

GRANTEE:

Marina Coast Water District,
By:

Name:

Title:

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CERTIFICATE OF ACCEPTANCE
GOVERNMENT CODE SECTION 27281
This is to certify acceptance of the interests conveyed by the foregoing Grant of Easements from City of Seaside, a California Municipal Corporation, to Marina Coast Water District, a county water district and political subdivision of the State of California ("MCWD") and consent by MCWD to recordation of this Grant of Easements by its duly authorized member, pursuant to the authorization and consent MCWD granted on _______________________.

Dated this ___ day of ___________, 20__, at Marina, California.

MARINA COAST WATER DISTRICT,
a county water district and political subdivision
of the State of California
By:

Name: Remleh Scherzinger
Title: General Manager
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
)
County of Monterey )
On _____________________, before me, Paula Riso, a Notary Public, personally appeared Remleh Scherzinger, who proved to me on the basis of satisfactory evidence to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of MARINA COAST WATER DISTRICT, a county water district and political subdivision of the State of California which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________ (Seal)
Notary Public in and for said State
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EXHIBIT ‘___’
T:\Monterey Projects\3675 - Ord Village Lift Station\SURVEY\LEGAL DESC\367503 Legal Desc - Sewer Lift Station.docx

LEGAL DESCRIPTION OF AN EASEMENT FOR

A SANITARY SEWER LIFT STATION
Certain real property in the City of Seaside, County of Monterey, State of California, being a portion of Parcel B as shown on the map entitled “Tract 1396 – Seaside Highlands Phase 1” filed for record August 22, 2003 in Volume 22 of Cities and Towns at Page 33 in the office of the County Recorder of said county, described as follows:

Beginning at a point within said Parcel B that bears South 65°55’12” East, 14.86 feet from the southwesterly terminus of the curve labeled as C20 on the northwesterly boundary of said Parcel B, as said curve is annotated on Sheet 13 of said map (being also on the southeasterly line of Monterey Road (Parcel 5) as shown on the map filed for record January 2, 2003 in Volume 26 of Surveys at Page 28, in the office of the County Recorder of said County); thence 1) North 50°30’00” East, 46.00 feet; thence
2) South 40°00’00” East, 25.96 feet; thence
3) South 53°30’00” West, 7.52 feet; thence
4) South 36°30’00” East, 16.50 feet; thence
5) South 53°30’00” West, 40.00 feet; thence
6) North 36°30’00” West, 40.00 feet, more or less, to the point of beginning Containing 1,815 square feet, more or less.

As shown on the plat attached hereto and made a part hereof.

PREPARED BY:

WHITSON ENGINEERS
_______________________________6/20/2022__
RICHARD P. WEBER, LS DATE
L.S. No. 8002
Job. No. 3675.03
A
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MONTEREY ROAD (PARCEL 5, VOL. 26 SUR. PG. 28) STATE ROUTE 1

PARCEL B
VOL. 22 C&T PG. 33
PROJECT No.: T:\Monterey Projects\3675 - Ord Village Lift Station\SURVEY\3675-bdry.dwg Civil Engineering + Land Surveying
6 Harris Court,
Monterey, California
831.649.5225
whitsonengineers.com
3675.03

PLAT TO ACCOMPANY DESCRIPTION

CITY OF SEASIDE, CALIFORNIA
(A PORTION OF PARCEL B, VOLUME 22 CITIES & TOWNS, PAGE 33) JUNE 20, 2022

OF AN EASEMENT FOR A SANITARY SEWER LIFT STATION

I N E E

S O N W E N
I T H
S G
R
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Exhibit B
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.F.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Patrick Grogan, Associate Engineer
DATE: September 1, 2022
SUBJECT: ADOPT A RESOLUTION APPROVING THE PLANS FOR THE

NOCHE BUENA EMERGENCY STREET STORM DRAIN

IMPROVEMENTS PROJECT, APPROVING AN AGREEMENT FOR

CONTRACTOR SERVICES WITH MONTEREY PENINSULA
ENGINEERS FOR AN AMOUNT NOT TO EXCEED $279,455.00,
APPROPRIATING $350,682.00 FROM THE CAPITAL RESERVE

TO THE PROJECT, AND DECLARING THE CONSTRUCTION
WORK AN EMERGENCY.

RECOMMENDATION
Adopt a resolution:

1. Approving the plans for the Noche Buena Street Storm Drain Improvements Project;

2. Approving an agreement for construction services with Monterey Peninsula Engineers for an amount not to exceed $279,455.00;

3. Establish a 20% contingency for a total project construction amount not to exceed $335,346.00;

4. Amending the FY 2022/ 23 budget to appropriate $350,682.00 to the Project;

5. Authorizing the City Manager to execute the agreement for construction services, and approve any amendments, extensions, and change orders until completion of the project in accordance with the plans up to the total project construction amount; and

6. Declaring the construction work an emergency because it is necessary to prevent danger to life and property.

BACKGROUND
In March 2022, public works crews discovered a small sink hole in the side walk and landscaping area located in front of the residence at 1701 Noche Buena Street. The sink hole was located at the west side of the intersection, behind the storm drain catch Packet Page 97

Item No. 8.F. Page 2 of 3
basin, extending approximately 10 feet under the sidewalk and into a planter on the residential parcel. The hole was immediately repaired in a temporary manner, but the repair will not last through the rainy season or the next rain storm. Video investigation of the storm drain system revealed portions of the 24" corrugated metal storm drain pipe that crosses Noche Buena Street, and the 24" corrugated metal storm drain pipe that runs from Noche Buena west to Laguna Street between private residences had multiple areas of corrosion which are several square feet in size. The corrugated metal storm drain that crosses the intersection of Noche Buena and Mingo presents a current threat to the infrastructure located above it. During a storm event, a large amount of storm water will flow through the holes in the pipe, possibly consolidating and shifting native soils, creating a sink hole, and damaging the utilities and pavement in the intersection. This would create a risk to vehicles, pedestrians, adjacent residences, and other infrastructure.Staff does not have the time to go through the normal construction contract procurement process because the rainy season starts in mid-October.

The preferred method of repair for the storm drain crossing the intersection of Mingo Avenue and Noche Buena Street from the northeast corner to the west side of Noche Buena Street is to replace the existing corrugated metal pipe with new High Density Polyethylene (HDPE) pipe. This is due to the extreme extent of the corrosion in the existing pipe under the intersection. The preferred method of repair for the storm drain running to the west from Noche Buena down to Laguna Street is to clean the existing storm drain pipe and install cured in place pipe (CIPP) inside the existing corrugated metal storm drain pipe. CIPP repair involves minimal excavation, and thereby limited impact to the residential properties and infrastructure which are located over and adjacent to this portion of storm drain. Traffic control will be implemented to protect traffic at the intersection during the project.

At the request of Engineering staff, Monterey Peninsula Engineering submitted a Proposal to construct repairs to the storm drain pipe. Staff recommends the City Council adopt the attached resolution approving an Agreement for Contractor Services with Monterey Peninsula Engineering for the Noche Buena Street Emergency Storm Drain Improvements Project and authorize the District Manager to execute the Agreement.

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 existing storm drain, and involves no expansion of use.

FISCAL IMPACT
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Item No. 8.F. Page 3 of 3
Corrugated metal pipe is a highly corrosive, structurally weak pipe material which was used for storm drains many years ago. It is not uncommon for these pipes to fail.

Funds appropriated to the CMP Replacement Program should include the amount necessary to cover the final design, design support during construction, construction phases of work and contract contingencies required for this Project. The project final design and design support during construction scope work are discussed in item 8G to amend the professional services agreement with Harris & Associates, on the agenda for this City Council Meeting. The anticipated total project budget, including design, design support during construction, construction, and the contingencies for both Harris & Associates and Monterey Peninsula Engineers' scopes of work, amounts to $350,682.00 The Agreement for Contractor Services with Monterey Peninsula Engineers is for an amount not to exceed $279,455.00. It is appropriate to establish a contingency of 20%, equal to $55,891.00, for a project of this type. The total required budget for the construction phase of this storm drain repair is $335,346.00.

Staff recommends adopting a resolution (attachment 1) 1.) approving the plans (attachment 2) for the Noche Buena Street Emergency Storm Drain Improvements Project, 2.) awarding an Agreement for Contractor Services (attachment 3) with Monterey Peninsula Engineers, Inc. for an amount not to exceed of $279,455.00; 3.) establishing approximately 20% construction contingency for a total construction phase amount not to exceed of $335,346.00; and, 4) amending the FY 2022/ 23 budget to appropriate $350,682.00 to the Project, 5.) authorizing the City Manager to execute the Agreement for Contractor Services and approve any amendments, extensions, and change orders until completion of the project in accordance with the plans, up to the total Project construction amount, and 6.) finding the construction work an emergency because it is necessary to prevent danger to life and property.

ATTACHMENTS

1. Resolution

2. Plans

3. Agreement
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 22- XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING THE PLANS FOR THE NOCHE BUENA STREET STORM DRAIN

EMERGENCY IMPROVEMENTS, APPROVING A CONSTRUCTION SERVICES

AGREEMENT WITH MONTEREY PENINSULA ENGINEERING FOR AN AMOUNT NOT TO EXCEED $279,455.00 AND TOTAL PROJECT CONSTRUCTION COST INCLUDING A 20% CONTINGENCY OF $55,891.00, APPROPRIATING $350,682.00 FROM THE CAPITAL RESERVE TO THE PROJECT, AND FINDING THE CONSTRUCTION WORK AN EMERGENCY.

WHEREAS, On March 29, 2022, public works staff discovered a small sinkhole near the west side of Noche Buena Street at the intersection of Mingo Avenue caused by corroded corrugated metal storm drain pipe; and
WHEREAS, Harris & Associates developed plans for the repair of the damaged storm drain infrastructure; and
WHEREAS, Engineering staff requested Monterey Peninsula Engineering perform the emergency construction of storm drain repairs for the City; and WHEREAS, Monterey Peninsula Engineering submitted a proposal to perform the emergency storm drain repairs in the amount of $279,455.00; and WHEREAS, the Engineering staff has determined that the proposed scope of work and budget are reasonable; and
WHEREAS, an amount of $55,891.00 contingency, approximately 20% of the contract value, should be authorized on an as required basis; and WHEREAS, Monterey Peninsula Engineering has successfully completed similar utility projects for the City; and
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WHEREAS, there are no current funds in the CMP Replacement Program for the FY 2022/2023 budget; and
WHEREAS, there is sufficient Capital Reserve balance to fund the additional budget request; and
WHEREAS, Public Works must make preventative and reactive replacement of damaged storm drain infrastructure; and
WHEREAS, the project is categorically exempt per Section 15061 of CEQA because the project involves the repair and performance of minor upgrades to existing storm drain.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside approves a fiscal year 2022/2023 budget appropriation in the amount of $350,682.00 from the Capital Reserve to the CMP Replacement Program (Account No. 271-8910-9965) for the project, to fund the final design, design support during construction, and construction phases of the project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Seaside approves the plans for the Noche Buena Street Emergency Storm Drain Improvements Project, dated August 17, 2022; and
BE IT FURTHER RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute an Agreement for Contractor Services with Monterey Peninsula Engineering for an amount not-to-exceed $279,455.00; and BE IT FURTHER RESOLVED, the City Council of the City of Seaside authorizes the City Manager to execute up to an additional 20% contingency for written amendments, extensions, and change orders to the Construction Services Agreement such that the full value may not exceed $335,346.00; and
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BE IT FURTHER RESOLVED, the City Council of the City of Seaside finds the construction work is an emergency because it is necessary to avoid danger to life and property.

PASSED AND ADOPTED at a special meeting of the City Council duly held on the 1st day of September 2022, by the following vote:

AYES: Council members:

NOES: Council members:

ABSENT: Council members:

ABSTAIN: Council members:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
____________________________________
Dominique Davis, City Clerk
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LOCATION MAP
101
101
Know what'sbelow. Callbefore you dig. R T-01 TITLE SHEET 1220124001 450 Lincoln Avenue, suite 103, Salinas, CA 93901 p: 831.233.9242 * WeAreHarris.com CITY OF SEASIDE NOCHE BUENA AVE/MINGO ST SD IMPROVEMENTS PROJECT Packet Page 103
450 Lincoln Avenue, suite 103, Salinas, CA 93901 p: 831.233.9242 * WeAreHarris.com CITY OF SEASIDE NOCHE BUENA AVE/MINGO ST SD IMPROVEMENTS PROJECT NOTES 1220124001 450 Lincoln Avenue, suite 103, Salinas, CA 93901 p: 831.233.9242 * WeAreHarris.com CITY OF SEASIDE NOCHE BUENA AVE/MINGO ST SD IMPROVEMENTS PROJECT N-01
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CD-01CONSTRUCTION DETAILS
1220124001 450 Lincoln Avenue, suite 103, Salinas, CA 93901 p: 831.233.9242 * WeAreHarris.com CITY OF SEASIDE NOCHE BUENA AVE/MINGO ST SD IMPROVEMENTS PROJECT 3" VAR. D 6"
1' 2 6 5 4

PIPE TO BOX (MH OR DI)
CONNECTION DETAIL 1 3 65432 1
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CD-02CONSTRUCTION DETAILS
1220124001 450 Lincoln Avenue, suite 103, Salinas, CA 93901 p: 831.233.9242 * WeAreHarris.com CITY OF SEASIDE NOCHE BUENA AVE/MINGO ST SD IMPROVEMENTS PROJECT Packet Page 106
D-01 DEMOLITION PLAN
1220124001 450 Lincoln Avenue, suite 103, Salinas, CA 93901 p: 831.233.9242 * WeAreHarris.com CITY OF SEASIDE NOCHE BUENA AVE/MINGO ST SD IMPROVEMENTS PROJECT Packet Page 107
EX 24"SD STA 1+72 (P) SDDI STA 0+00 (E) SDMH STA 12+15, 0.00 (E) SDDI STA 2+27 (E) SDDIEX 24"SD EX 24"SD STA 0+13 (P) MANHOLE STA 1+92 (P) UTILITY CROSSING 24"SD
24"SD
24"SD
EX 24"SD (E) SDMH STA 0+00 RIM: 72.4± INV IN: (E) 66.0± (24"SE) (N) 24" SD 20 LF
@ S=0.0572
(E) 24" SD @ S=±0.01 (P) SDDI STA 1+72 RIM: 80.9± INV IN: (E) 74.4± (24"E) INV OUT: (E) 72.6± (24"W) (E) SDDI STA 2+27 RIM: 80.9± INV IN: (E) 75.6± (24"E) INV OUT: (E) 75.6± (24"W) ±35' @1.3% ±24' @1.6%
±11' @ 4.0%
±17' @ 3.0%
±56' @ 1.0%

EX WOOD
FENCE
4'-8"
EX
BRICK
WALL
10' SIDEWALK (P) SDMH STA 0+13 INV IN: (E) 66.5± (24"E) INV OUT: (E) 66.5± (24"NW) (E) 24" SD @ S=±0.038 (E) 24" SD 156 LF @ S=0.0382 (P) UTILITY CROSSING STA: 1+92 RIM: 78.0 INV IN: (N) 75.6± (24" E) INV OUT: (N) 75.6± (24" W) (N)24" SD 35 LF
@ S=0.0013 APPROX.

EX GND
(E) 8" SS
(E) 12" W
(E) AT&T
SD-01SD PLAN & PROFILE
1220124001 450 Lincoln Avenue, suite 103, Salinas, CA 93901 p: 831.233.9242 * WeAreHarris.com CITY OF SEASIDE NOCHE BUENA AVE/MINGO ST SD IMPROVEMENTS PROJECT Packet Page 108
P-01 SURFACE IMPROVEMENTS PLAN
1220124001 450 Lincoln Avenue, suite 103, Salinas, CA 93901 p: 831.233.9242 * WeAreHarris.com CITY OF SEASIDE NOCHE BUENA AVE/MINGO ST SD IMPROVEMENTS PROJECT Packet Page 109
Noche Buena Street Emergency Storm Drain Improvements
Rev. 1/18 Page 1 COS Contractor Services

CITY OF SEASIDE

AGREEMENT FOR CONTRACTOR SERVICES

NOCHE BUENA STREET EMERGENCY STORM DRAIN IMPROVEMENTS
THIS AGREEMENT FOR CONTRACTOR SERVICES is made and effective as of ___________, 2022, between the City of Seaside, a municipal corporation ("City") and Monterey Peninsula Engineering, a corporation, ("Contractor") whose current and valid Contractor’s License #972425, as duly issued by the California Department of Consumer Affairs. 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
Contractor shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. Exhibit A may include any Scope of Work, Plans, Specifications and other related documents specific to the services to be provided by Contractor.

3. PERFORMANCE
a) Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement.
b) Contractor shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety. Contractor further agrees to take all necessary precautions for the safety of employees and shall comply with all applicable provisions of federal, state and local regulations, ordinances and codes. The Contractor shall be responsible for erecting and properly maintaining at all times as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public and shall post danger signs warning against known or reasonably foreseeable or unusual hazards. c) At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

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d) The Contractor will obtain a valid City Business License and shall maintain said Business License for the term of this Agreement and any extensions. e) Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by Contractor or in any way affect the performance of its service pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of Contractor to comply with this Section. f) Contractor agrees to comply with all of the applicable provisions of Sections 1777.5 and 1777.6 of the Labor Code, which Sections are hereby specifically referred to, incorporated herein by reference and made a part hereof as though set forth at length herein. g) Contractor agrees that in the performance of this Agreement or any sub-agreement hereunder, neither Contractor nor any person acting on Contractors behalf shall refuse to employ or refuse to continue in any employment any person on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sexual preference, sex or age. Harassment in the workplace is not permitted in any form.

Contractor further agrees to comply with all laws with respect to employment when performing this Agreement.
h) Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement. To insure performance, Contractor and any sub-contractor must provide Faithful Performance and Labor and Material Bonds in favor of City, each in the amount of one hundred percent (100%) of the value of the contract.
i) Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Seaside in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial agreement or financial inducement. No officer or employee of the City of Seaside will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or in equity.

5. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Contractor is bound by the contents of Plans dated August 17, 2022, Exhibit C, hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Contractor, Exhibit A hereto. In the event of conflict, the requirements of City's Request for Proposals and this Agreement shall take precedence over those contained in the Contractor's proposals.

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

7. PAYMENT
(a) City agrees to pay Contractor 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 Two Hundred Seventy Nine Thousand, Four Hundred Fifty Five dollars ($279,455.00) which sum shall include all costs, if any, for the total term of the Agreement unless additional payment is approved as provided in this Agreement. (b) The City Manager's contract authority is limited to a total threshold of $24,999.00 which includes all costs. Contracts, including any contract amendments that exceed the total threshold, require City Council approval. Any contracts, including contract amendments that exceed the total threshold, which do not have City Council approval, shall be void. (c) Contractor 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 City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

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

9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.

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(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 5(c).

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

11. OWNERSHIP OF DOCUMENTS
(a) Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records at 192 Healy Avenue, Marina, CA; shall permit City to make copies and transcripts there from as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained at the City of Seaside City Hall for a minimum 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 finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, computer discs, and reports prepared by the Contractor under this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Contractor. With respect to computer files, Contractor shall make available to City, Packet Page 113
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at City's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

12. INDEMNIFICATION
(a) Indemnification for Professional Liability. Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs to the extent same are actually caused in whole or in part by any negligent or wrongful act, error or omission of Contractor, its officers, agents, employees or sub -contractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement. With respect to the design of public improvements, the Contractor shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contractor.
(b) Indemnification for Other Than Professional Liability. Contractor shall indemnify defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or sub-contractors of Contractor.
(c) General Indemnification Provisions. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section. (d) Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

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13. WARRANTIES
Contractor agrees that it will warrant all work performed and equipment supplied hereunder for a period of one year or, in the case of equipment, for the period of the manufacturer's warranty if such warranty be for a period longer than one year. Contractor shall immediately correct all defective workmanship discovered within one year after acceptance of final payment by it and shall indemnify and defend City against all loss and damage occasioned by any such defect, discovered within said year, even though the damage or loss may not be ascertained until after the expiration thereof. Nothing herein constitutes a waiver of City's rights or any statute of limitations.

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

15. INDEPENDENT CONTRACTOR
(a) Contractor is and shall at all times remain as to City a wholly independent Contractor.

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

16. PREVAILING WAGE
The general prevailing wage rates are determined by the Director of Industrial Relations, for the County of Monterey. Current prevailing wage rates can be found in “General Prevailing Wage Determinations made by the Director of Industrial Relations” (wage determinations) at Packet Page 115
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the Division of Labor Statistics and Research, Prevailing Wage Unit, P. O. Box 420603, San Francisco, CA 94142, (415) 703-4774, or at DIRs website at http://www.dir.ca.gov/. Changes, if any, to the general prevailing wage rates will be available at the same location.

The Contractor will be required to maintain and distribute certified payroll records in compliance with Section 1776 of the California Labor Code. The Contractor shall register as specified in Labor Code section 1771.1(a). Records shall be made available to the City upon request for inspection or for copies thereof. The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations in accordance with Labor Code sections 1725.5 (contractor registration requirements and criteria), 1771.1 (requirement to register as a condition to bid or work on public works), and 1771.4 (project compliance monitoring).

The labor surcharge, equipment rental rates, and the delay factors for each classification of equipment are listed in the Department of Transportation publication entitled "Labor Surcharge and Equipment Rental Rates."

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

18. CONFLICT OF INTEREST
Contractor shall at all times avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Contract.

Contractor covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly nor indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or sub-contractor. Contractor further covenants that Contractor has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Contractor and/or its sub-contractors shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement.

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

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

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

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

To City:
__City of Seaside__________
__440 Harcourt Ave________
__Seaside, CA 93955_______
Attention: City Clerk
To Contractor: __Monterey Peninsula Engineering
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__192 Healy Avenue ______
__Marina, CA 93933 ______

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

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

24. GOVERNING LAW
City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in Monterey County, or the federal district court with jurisdiction over the City.

Contractor agrees not to commence or prosecute any dispute arising out of or in connection with this Agreement other than in the aforementioned courts and irrevocably consents to the exclusive personal jurisdiction and venue of the aforementioned courts.

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

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

27. 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, Packet Page 118
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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.

28. AGREEMENT CONTAINS ALL UNDERSTANDINGS: AMENDMENT
(a) This document represents the entire and integrated Agreement between City and Contractor, and supersedes all prior negotiations, representations and agreements, either written or oral.
(b) Any modification or amendment to this Agreement must be in writing. (c) Neither City nor Contractor shall be deemed to have waived any obligation of the other, or to have agreed to any modification to this Agreement unless it is in writing, and signed by the party giving the waiver.

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

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

CITY OF SEASIDE CONTRACTOR
By: By:

Jaime M. Fontes, City Manager
Date: Date:

Attachments: Exhibit A Scope of Work/Contractor Proposal Exhibit B Insurance Requirements
Exhibit C Plan Set
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Noche Buena Street Emergency Storm Drain Improvements Exhibit A

EXHIBIT A

SCOPE OF WORK/CONTRACTOR PROPOSAL
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August 18, 2022
To:

Jeff Krebs; On Behalf of the City of Seaside
City of Seaside
440 Harcourt Ave
Seaside, CA 93955
Re: Noche Buena St/Mingo Ave SD Improvements Project
M.P.E. proposes to provide all labor, equipment, and material required to refurbish the existing 24” CMP SD Pipe between Noche Buena St and Laguna St by means of CIPP, Remove and Replace the 24” CMP SD Pipe at the intersection of Noche Buena St and Mingo Ave, and all associated work as described below:

Work To Be Performed:
- Refurbish ~155LF of 24” CMP SD by means of CIPP Lining - Remove and Replace ~55 LF of 24” CMP with SDR35
- Repair Existing 8” SS Pipe and install stem walls as shown on plans (if required) - Remove and Replace (1) SD Catch Basin
- Construct (1) new SDMH per City Standards
- Demo and remove (1) SDMH
- Install (E) street light on a new foundation, including new conduit and demo of (E) slurry backfill - Replace damaged striping
- Remove and Replace sidewalk, curb and gutter per plans - Remove and Replace asphalt paving per plan
- Reset (1) City Monument per plan
Total this amount for work to be performed as described above ……. $279,455 / Lump Sum Note:

The following are revocable bid items with an associated credit if the City deems the work as unnecessary:
- #6 - SS Bypass Flow Control - $7,000
- #13 - Remove 2-Sack Slurry Backfill - $3,400
- #24 - Repair 8” SS VCP - $3,150
- #26 - Install PG&E Street Light Conduit - $2,500
- #27 - Construct (N) Street Light Foundation - $3,500
- #28 - Install Salvaged Street Light - $3,000
Exhibit A
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Conditions & Exclusions
• Removal and replacement of existing wall on Noche Buena to facilitate the removal of slurry and install of the light pole and base is specifically excluded
• Engineering, permits, and/or fees
• All bonds, as-built’s, and/or construction staking
• All construction testing
• SWPPP installation and/or maintenance
• Any items not specifically listed above
• Unsuitable soil compaction & preparation
If you have any questions or other concerns please contact me by phone at (831) 277-0137, or by email at [email protected]
Sincerely,
Conner Schvio
Project Manager
Monterey Peninsula Engineering
Accepted By: ___________________ Date: ___________________ Exhibit A
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Bid Item Description Quantity Units Price
1 Mobilization 1 LS $ 10,000.00
2 Traffic Control 1 LS $ 15,000.00
3 Water Pollution Control 1 LS $ 3,500.00
4 CPM Schedule 1 LS $ 1,000.00
5 Trench Sheeting Shoring Bracing 1 LS $ 4,000.00
*6 SS Bypass Flow Control 1 LS $ 7,000.00
7 HMA Type A, Full Depth 36 TONS $ 14,040.00
8 Grind and Remove Existing Roadway 35 CY $ 7,000.00
9 Remove Concrete (Final Pay Item) 120 SF $ 3,840.00
10 Minor Concrete, Curb and Gutter (Final Pay Item) 20 LF $ 2,700.00 11 Minor Concrete, Sidewalk and Bulbouts (Final Pay Item) 100 SF $ 3,000.00 12 Minor Concrete, 6" @ Curb Ramp and Driveway (Final Pay Item) 40 SF $ 2,800.00 *13 Remove 2-Sack Slurry Backfill 2 CY $ 3,400.00
14 Construct 24" SD Pipe 55 LF $ 24,750.00
15 CIPP Existing 24" CMP 160 LF $ 104,000.00
16 OMIT NA NA $ -
17 Construct New SD Manhole 1 EA $ 10,000.00
18 Construct New Catch Basin 1 EA $ 9,500.00
19 Remove 24" SD Pipe 55 LF $ 6,875.00
20 Remove Existing Catch Basin 1 EA $ 6,500.00
21 Remove Existing SD Junction Box / Manhole 1 EA $ 10,000.00 22 Connect New SD Pipe to Existing Manhole 1 EA $ 2,600.00 23 Construct SD & SS Crossing (Stem Walls, Backfill) 1 EA $ 5,600.00 *24 Repair 8" SS VCP 7 LF $ 3,150.00
25 Adjust Monument Cover to Grade, Preserve Monument 1 EA $ 9,000.00 *26 Install PG&E Street Light Conduit 1 EA $ 2,500.00
*27 Construct New Street Light Foundation 1 EA $ 3,500.00 *28 Install Salvaged Street Light 1 EA $ 3,000.00
29 Pavement Markings (White) 12 SF $ 1,200.00
Job Total: $ 279,455.00
Noche Buena/Mingos Ave SD Improvements Project, 8/18/2022 Exhibit A
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Noche Buena Street Emergency Storm Drain Improvements Exhibit B

EXHIBIT B

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

CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to AGENCY.

A. CONTRACTOR shall provide the following types and amounts of insurance:

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

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

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

Umbrella or excess liability insurance. [Optional depending on limits required] CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least Packet Page 124
Noche Buena Street Emergency Storm Drain Improvements Exhibit B as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

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

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

Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a CONTRACTOR’s Pollution Liability form or other form acceptable to AGENCY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including nonowned disposal sites.

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

The named insureds shall be CONTRACTOR and AGENCY, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to AGENCY. The policy Packet Page 125
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Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction.

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

CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. AGENCY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by 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 Packet Page 126
Noche Buena Street Emergency Storm Drain Improvements Exhibit B 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.

Products/completed operations coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The AGENCY, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage.

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

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the 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 CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against AGENCY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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

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

Notice of cancellation. CONTRACTOR 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, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

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

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

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

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

Agency’s right to revise requirements. 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 CONTRACTOR a ninety (90) day advance written notice of such change.

Packet Page 128
Noche Buena Street Emergency Storm Drain Improvements Exhibit B If such change results in substantial additional cost to the CONTRACTOR, the AGENCY and CONTRACTOR may renegotiate CONTRACTOR’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. CONTRACTOR shall give AGENCY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

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

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LOCATION MAP
101
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450 Lincoln Avenue, suite 103, Salinas, CA 93901
p: 831.233.9242 * WeAreHarris.com

CITY OF SEASIDE
Exhibit C
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450 Lincoln Avenue, suite 103, Salinas, CA 93901
p: 831.233.9242 * WeAreHarris.com

CITY OF SEASIDE
Exhibit C
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450 Lincoln Avenue, suite 103, Salinas, CA 93901
p: 831.233.9242 * WeAreHarris.com

CITY OF SEASIDE
1 3
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1 Exhibit C
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450 Lincoln Avenue, suite 103, Salinas, CA 93901
p: 831.233.9242 * WeAreHarris.com

CITY OF SEASIDE
Exhibit C
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450 Lincoln Avenue, suite 103, Salinas, CA 93901
p: 831.233.9242 * WeAreHarris.com

CITY OF SEASIDE
Exhibit C
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450 Lincoln Avenue, suite 103, Salinas, CA 93901
p: 831.233.9242 * WeAreHarris.com

CITY OF SEASIDE
Exhibit C
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450 Lincoln Avenue, suite 103, Salinas, CA 93901
p: 831.233.9242 * WeAreHarris.com

CITY OF SEASIDE
Exhibit C
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.G.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Patrick Grogan, Associate Engineer
DATE: September 1, 2022
SUBJECT: ADOPT A RESOLUTION APPROVING AN AMENDMENT NO. 1 TO

THE PROFESSIONAL SERVICE AGREEMENT WITH HARRIS &

ASSOCIATES FOR FINAL DESIGN AND DESIGN SUPPORT

DURING CONSTRUCTION FOR THE NOCHE BUENA STREET

EMERGENCY STORM DRAIN IMPROVEMENTS PROJECT FOR AN
AMOUNT NOT TO EXCEED $12,780.00

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute Amendment No. 1 to the professional services agreement with Harris & Associates for design services and design support during construction services for the Noche Buena Street Emergency Storm Drain Improvements Project for an amount not to exceed $12,780.00.

BACKGROUND
In March of 2022, public works crews discovered a small sink hole in the side walk and landscaping area located in front of the residence at 1701 Noche Buena Street. The sink hole was located at the west side of the intersection, behind the storm drain catch basin, extending approximately 10 feet under the sidewalk and into a planter on the residential parcel. Video investigation of the storm drain system revealed portions of the 24" corrugated metal storm drain pipe that crosses Noche Buena Street, and the 24" corrugated metal storm drain pipe that runs from Noche Buena west to Laguna Street had multiple areas of corrosion, some several feet in area. The corrugated metal storm drain that crosses the intersection of Noche Buena and Mingo presents a current threat to the infrastructure located near it. During a storm event, large flows of storm water will flow through the holes in the pipe, possibly consolidating and shifting native soils, creating a sink hole, and damaging the utilities and pavement in the intersection. This would create a risk to vehicles, pedestrians, and adjacent residences.

Packet Page 137

Item No. 8.G. Page 2 of 2
On June 21, 2022, the City entered into a professional services agreement (PSA) with Harris & Associates, Inc. (Harris), for project design services for the Noche Buena Street Emergency Storm Drain Improvements Project for the amount of $24,500.00. Harris & Associates is listed on the City's approved list of firms for On-Call Engineering Services.

Harris began developing plans for the project, and assisted in requesting a proposal for construction from Monterey Peninsula Engineers. Additional scope was required to complete the project, including the final design. Design support during construction will also be needed. The City has requested Harris be available to respond to questions, provide clarifications, and provide design updates as new conditions are uncovered in the field. Harris provided a proposal in the amount of $12,780.00 for the additional services. Staff reviewed the proposal and finds the scope and fee acceptable.

FISCAL IMPACT
On June 21, 2022, the City entered into a Design Professional Services Agreement with Harris & Associates in the amount of $24,500.00 to perform design of the Noche Buena Street Emergency Storm Drain Improvements . Harris & Associates is included on the City's current On-Call List for Engineering Services.

Amendment no. 1 to the professional services agreement with Harris and Associates to perform final design and design support during construction is for an amount not to exceed $12,780.00. In addition, a construction agreement contingency of 20%, or $2556.10, is required for expenses for services for additional unforeseeable issues that may arise during construction and would be added on an as needed by authorization of the City Manager so that the total PSA amount including contingencies does not exceed $39,836.00. The $12,780.00 amendment to the Harris & Associates professional services agreement amends their agreement to a total amount of $37,280.00.

ATTACHMENTS

1. Resolution

2. Amendment No. 1
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 138
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT WITH HARRIS & ASSOCIATES TO PROVIDE FINAL DESIGN

SERVICES AND DESIGN SUPPORT DURING CONSTRUCTION SERVICES FOR

THE NOCHE BUENA STREET EMERGENCY STORM DRAIN IMPROVEMENTS PROJECT FOR AN AMOUNT NOT TO EXCEED $12,780.00
WHEREAS, on March 29, 2022, a sink hole caused by corroded corrugated metal storm drain pipe was discovered and a temporary repair was performed near Noche Buena Street and Mingo Avenue; and
WHEREAS, maintenance personnel discovered additional areas of corrosion in the corrugated metal storm drain pipe in and adjacent to the intersection of Noche Buena Street and Mingo Avenue; and
WHEREAS, on June 21, 2022, the City entered into a professional services agreement with Harris & Associates (Harris) for the Noche Buena Street Emergency Storm Drain Improvements Project, in the amount of $24,500.00, for preliminary design services; and
WHEREAS, Harris has expended the $24,500.00 budget in the development of the plan set for the Project; and
WHEREAS, on September 1, 2022, the City Council to approved the amending of the professional services agreement to a not-to-exceed amount of $37,280.00 to secure Harris’ services for final design and design support during construction; and WHEREAS, Harris is on the City approved list of design consultants to provide engineering services; and
WHEREAS, Harris’ scope of work is to assist in the design and design support during construction for repairs to corroded corrugated metal storm drain pipe, which presents a current risk to private property and public infrastructure; and WHEREAS, Staff has determined the proposed scope of work and budget are reasonable; and
Packet Page 139
WHEREAS, an amount of $2,556.00 contingency, 20% the amendment 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 No. 1 to the Professional Services Agreement with Harris to provide design support during construction, for the Noche Buena Street Emergency Storm Drain Improvements Project for an amount not to exceed $12,780.00.

BE IT FURTHER RESOLVED that the City Council of the City of Seaside authorizes the City Manager to execute up to an additional 20% contingency for written amendments and extensions such that the full value of the amendment does not exceed $15,336.00, and the total Professional Services Agreement does not exceed $39,836.00.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 1st day of September, 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 140
CONTRACT AMENDMENT #1

PROFESSIONAL SERVICES
City of Seaside

Date: September 1, 2022 Change Requested by: _X_ City/District _ _ Consultant Contract Date Project Name
___06/21/2022__ ___Noche Buena Street Emergency Storm Drain Improvements Project To (Consultant): Harris & Associates
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 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 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 and A1, 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 THIRTY SEVEN THOUSAND, TWO HUNDRED EIGHTY dollars ($37,280.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

Original Contract
Amount
Previous CCO Total (Not
including this
Amendment)
This
Amendment
Total
Revised Contract
Amount
$24,500 $0.00 $12,780 $37,280
Original Contract
Time
Original Completion Date
Days To Date
(Including This
Amendment)
Revised Completion
Date
12 Months June, 30, 2023 0 June, 30, 2023
Packet Page 141
CONTRACT AMENDMENT #1

PROFESSIONAL SERVICES
City of Seaside

SUBMITTED BY:

Nisha Patel
Public Works Director/City Engineer
Signature Name and Title Date
CITY APPROVAL BY:

Jaime M. Fontes
City Manager
Signature Name and Title Date

CONSULTANT
ACCEPTANCE BY:

Frank Lopez
Vice President
Signature Name and Title Date
8/24/22
Packet Page 142
450 Lincoln Avenue, Suite 103, Salinas, CA 93901  (831) 789-8670  www.WeAreHarris.com August 23, 2022
Ms. Nisha Patel
City Engineer
City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
AMENDMENT #1 – PROFESSIONAL ENGINEERING SERVICES FOR THE NOCHE BUENA

STREET EMERGENCY STORM DRAIN IMPROVEMENTS PROJECT
Dear Ms. Patel:

Harris & Associates is pleased to present the subject Letter Proposal to the City of Seaside (City) for professional engineering services and design services during construction for the “Noche Buena Street Emergency Storm Drain Improvements Project” (the Project).

The following outlines our presumed Project Understanding, Scope of Services, and estimated Fee to provide these services.

PROJECT UNDERSTANDING
On March 31, 2022, Harris & Associates received a telephone call from Ms. Nisha Patel regarding an active storm drain failure on the western side of Noche Buena Street and Mingo Avenue’s tee intersection. The subject failure had caused an active sinkhole, compromised the structural integrity of an existing PG&E overhead streetlight, and other concerning settlements of both public property (i.e., concrete curb, gutter, sidewalk) and private property located at 1701 Noche Buena Street, Seaside, California 93955. During those closing days of March 2022 and early days of April 2022, PG&E had disassembled and removed the existing PG&E overhead streetlight and the city had stabilized the existing sinkhole and surrounding settlements. In addition, the city performed closed-circuit television (CCTV) of the existing storm drain infrastructure upstream (Mingo Avenue) and downstream (towards Laguna Street) of the failures, including the concrete catch basin and curb inlet, and the existing 24-inch diameter corrugated metal pipe (CMP) storm drain.

The city requested that Harris & Associates perform emergency-type professional engineering services that assessed the current situation and proposed engineering solutions that would address storm drain improvements on design drawings, which would then be presented to a local, on-call/as-needed Contractor to physically construct on a similar emergency-type basis.

As discussed with Ms. Nisha Patel and Mr. Patrick Grogan on April 12, 2022, and April 19, 2022, the presumed initial improvements may consist of the following:

1. Proposed 24-inch Diameter Reinforced Concrete Pipe (RCP) Storm Drain on Mingo Avenue via Open-Cut Methods

2. Proposed 24-inch Diameter RCP Storm Drain in Intersection of Noche Buena Street and Mingo Avenue via OpenCut Methods

3. Proposed Concrete Catch Basin(s) and Curb Inlet(s) in Intersection of Noche Buena Street and Mingo Avenue

4. Proposed Improvements on Private Property (As Needed)

5. Proposed Improvements from Laguna Street to Noche Buena Street (As Required)

6. Miscellaneous Improvements (As Required)
Exhibit A1
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Harris & Associates, Inc.  Amendment #1 – Professional Engineering services for the Noche Buena Street Emergency Storm Drain Improvements Project 2 of 3
After further evaluation of the existing storm drain system, it was determined that the project would involve the following repairs:
• Refurbish 155 LF of existing 24-inch CMP storm drainpipe running from Mingo Street to Laguna Street by means of CIPP Lining
• Remove and Replace 55 LF of existing 24-inch CMP storm drain pipe across the Noche Buena and Mingo Street intersection via open trench and replacing with ADS N-12 pipe.

Harris has exhausted the initial $24,500 in the design phase due to extensive coordination with the city, coordination with Contractors regarding pricing, preparation of storm drain analysis for multiple design alternatives, and preparation of multiple design alternative for the repairs. On August 9, 2022, Patrick Grogan with City of Seaside requested for Harris to submit an amendment for additional effort to complete the Final Design Plans and design services during construction.

Therefore, Harris, is requesting additional budget for Phase 4 and added a new Phase 5 for Design Services during construction.

SCOPE OF SERVICES
1) Phase 4 – Final Design Deliverables
a. Task 4.1 – Final Design Drawings: Harris & Associates will incorporate, address, and document the responses to the pre-final review comments from the City, in addition to design progress, to prepare the final design drawings.
b. Task 4.2 – Final Engineer's Opinion of Probable Construction Cost: An updated EOPCC will be provided based on the status of the project requirements and the development and refinement of the Construction Contract Documents.
c. Task 4.3 – Quality Control Review (Final): Harris & Associates will perform Quality Control (QC) review of the Project’s formal deliverables to support high-quality technical deliverables as well as compliance with the Scope of Work. Internal checklists and signoffs by Harris & Associates QA/QC team on deliverables is required but may be performed in concurrence with City review for expediency. 2) Phase 5 - Design Services During Construction
a. Task 5.1 – Project Management: Responsibilities will involve preparation and maintenance of project scope, schedule, budget, and resource management. This task will involve coordination with contractor during construction. Responsibilities also include coordination with Monterey Salinas Transit (MST) to notify MST of work on the bus Route. Coordination with PG&E will also be required for the installation of the streetlight affected by the proposed work.
b. Task 5.2 - Respond to RFI (4 assumed): Harris will respond to RFI’s that are submitted by the contractor during the construction phase. 4 RFI’s are assumed.

Assumptions and Exclusions
1) This Project will be set-up as a time and materials effort regarding Project costs, performed on an emergency, as-needed basis.
2) The Scope of Work and Scope of Services are based on what is currently known and may be subject to change as the Project develops.
3) Harris & Associates will not perform, or have performed, topographic survey for this Project, unless requested by the City and contracted via Amendment.

Exhibit A1
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Harris & Associates, Inc.  Amendment #1 – Professional Engineering services for the Noche Buena Street Emergency Storm Drain Improvements Project 3 of 3
4) Harris & Associates will not perform, or have performed, additional CCTV for this Project, unless requested by the City and contracted via Amendment. Harris & Associates will make CCTV requests to the city as necessary, which will be performed and delivered by City team members. 5) Harris & Associates will not perform, or have performed, geotechnical engineering for this Project, unless requested by the City and contracted via Amendment.
6) Harris & Associates will not perform, or have performed, structural engineering for this Project, unless requested by the City and contracted via Amendment.
7) There will be no front-end documents, nor technical specifications for this Project, as the Construction Contract Documents (i.e., Final Design Drawings only) will be shared directly with the future on-call/asneeded Contractor and no public bidding or competitive bidding environment will be utilized.

PROJECT SCHEDULE
There are no specific milestone delivery dates, but we understand this is an emergency and time is of the essence.

PROPOSED FEES
The proposed estimated fees for the Project are shown below but are for Project initiation set-up purposes as well. Our professional engineering services will be provided on a time and materials basis (T&M).

Phase 4 – Final Design Deliverables: $8,820
Phase 5 – Design Services During Construction: $3,960
Total Estimated Fee: $12,780
We appreciate the opportunity to provide the city with professional engineering services for the Project. If you have any questions, please do not hesitate to call either of us.

Sincerely,
Harris & Associates, Inc.

Jason Caprio, PE, PMP
Engineering Manager
Engineering Consulting
(661) 319-9251 [email protected]
Attachment – Exhibit A: Amendment #1- Level of Effort
Exhibit A1
Packet Page 145
Subtotals
Project
Manager
Design
Engineer
QA/QC
Manager
Task/Subtask $180.00 $135.00 $210.00
Phase 4 Final Design Deliverables

4.1 Final Design Drawings 8 32 0 $5,760

4.2 Final Engineer's Opinion of Probable Cost of
Construction 4 8 0 $1,800

4.3 Quality Control Review (Final) 0 0 6 $1,260
Subtotal Hours = 12 40 6 58
Phase 4 Subtotal ($) = $2,160 $5,400 $1,260 $8,820
Phase 5 Design Services During Construction

5.1 Project Management 12 0 0 $2,160

5.2 Respond to RFI (4 assumed) 4 8 0 $1,800
Subtotal Hours = 16 8 0 24
Phase 5 Subtotal ($) = $2,880 $1,080 $0 $3,960
$12,780
Total Hours by Classification = 28 48 6 82
Total ($) by Classification = $5,040 $6,480 $1,260 $12,780 Percentage of Time Allocated (by hours) = 34% 59% 7%
Total ($) = $12,780
$12,780
1 2
3 Harris will not perform CCTV of the storm drain pipes. 4 Detailed Environmental studies are not included. This project is anticipated to be categorically exempt.

Attachment A:

City of Seaside
Amendment #1 – Engineering Design and Construction Management Services for the Noche Buena Street Emergency Storm Drain Improvement Project

FEE ESTIMATE
Engineering Design Services
Total Engineering Design Services =
Harris & Associates
Harris will not prepare traffic control plans.

There will be no front end documents nor technical specifications for this project. $12,780
Total =
Rev 2-Attachment A-LOE.xlsx
Exhibit A1
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NOCHE BUENA STREET EMERGENCY STORM DRAIN IMPROVEMENTS

PROJECT

CITY OF SEASIDE

DESIGN PROFESSIONAL SERVICE AGREEMENT

FOR CONSTRUCTION PROJECTS

NOCHE BUENA STREET EMERGENCY STORM DRAIN

IMPROVEMENTS PROJECT
THIS AGREEMENT, is made and effective ____________________, between the City of Seaside, a municipal corporation ("Agency") and HARRIS & ASSOCIATES, INC., 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 ____________________ 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 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.

5. PAYMENT
DocuSign Envelope ID: 62D7712B-C96B-4280-B33E-51239A4EB0B9 June 21, 2022
June 21, 2022
Packet Page 147

NOCHE BUENA STREET EMERGENCY STORM DRAIN IMPROVEMENTS

PROJECT
(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 TWENTY FOUR THOUSAND FIVE HUNDERED DOLLARS ($24,500) 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.

7. DEFAULT OF CONSULTANT
DocuSign Envelope ID: 62D7712B-C96B-4280-B33E-51239A4EB0B9 Packet Page 148

NOCHE BUENA STREET EMERGENCY STORM DRAIN IMPROVEMENTS

PROJECT
(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 finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, computer discs, and reports prepared by the Contractor under this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Contractor. With respect to computer files, Contractor shall make available to City, at City's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

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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 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, 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, 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.

10. INSURANCE
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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, 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.

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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.

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) DocuSign Envelope ID: 62D7712B-C96B-4280-B33E-51239A4EB0B9 Packet Page 152

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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: __Harris & Associates, Inc.__
__450 Lincoln Ave., Suite 103
__Salinas, Ca 93901________

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, JASON CAPRIO, PE, PMP, ENGINEERING MANAGER shall be the Project Manager and Engineer of Record for the services described in this Agreement.

JASON CAPRIO 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 JASON CAPRIO 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.

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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. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of the proposal submitted by the Consultant, Exhibit "A" hereto. In the event of conflict, the requirements of this Agreement shall take precedence over those contained in the Consultant's proposals.

22. 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.

CONSULTANT: HARRIS & ASSOCIATES, INC.

By: ______________________________ Date: _________________

FRANK LOPEZ, PE, QSD

VICE PRESIDENT, ENGINEERING CONSULTING
June 10, 2022
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City of Seaside
A Municipal Corporation
______________________________ Date: _________________

ROBERTA GREATHOUSE

ACTING CITY MANAGER
Attachments: Exhibit A Scope of Work/ Consultant Proposal Exhibit B Insurance Requirements
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450 Lincoln Avenue, Suite 103, Salinas, CA 93901  (831) 789-8670  www.WeAreHarris.com April 26, 2022
Ms. Nisha Patel
City Engineer
City of Seaside
440 Harcourt Avenue
Seaside, CA 93955

NOCHE BUENA STREET EMERGENCY STORM

DRAIN IMPROVEMENTS PROJECT
Dear Ms. Patel:

Harris & Associates is pleased to present the subject Letter Proposal to the City of Seaside (City) for professional engineering services for the “Noche Buena Street Emergency Storm Drain Improvements Project” (the Project). This Letter Proposal is intended to represent an administrative document to initiate a forthcoming Agreement, although at the request of the City and given the emergency nature of the Work, Harris & Associates has commenced efforts as of March 31, 2022.

The following outlines our presumed Project Understanding, Scope of Services, and estimated Fee to provide these services.

PROJECT UNDERSTANDING
On March 31, 2022, Harris & Associates received a telephone call from Ms. Nisha Patel regarding an active storm drain failure on the western side of Noche Buena Street and Mingo Avenue’s tee intersection. The subject failure had caused an active sinkhole, compromised the structural integrity of an existing PG&E overhead street light, and other concerning settlements of both public property (i.e. concrete curb, gutter, sidewalk) and private property located at 1701 Noche Buena Street, Seaside, California 93955. During those closing days of March 2022 and early days of April 2022, PG&E had disassembled and removed the existing PG&E overhead street light and the City had stabilized the existing sinkhole and surrounding settlements. In addition, the City performed closed-circuit television (CCTV) of the existing storm drain infrastructure upstream (Mingo Avenue) and downstream (towards Laguna Street) of the failures, including the concrete catch basin and curb inlet, and the existing 24-inch diameter corrugated metal pipe (CMP) storm drain.

The City requested that Harris & Associates perform emergency-type professional engineering services that assessed the current situation and proposed engineering solutions that would address storm drain improvements on design drawings, which would then be presented to a local, on-call/as-needed Contractor to physically construct on a similar emergency-type basis.

As discussed with Ms. Nisha Patel and Mr. Patrick Grogan on April 12, 2022 and April 19, 2022, the presumed initial improvements may consist of the following:

1. Proposed 24-inch Diameter Reinforced Concrete Pipe (RCP) Storm Drain on Mingo Avenue via Open-Cut Methods

2. Proposed 24-inch Diameter RCP Storm Drain in Intersection of Noche Buena Street and Mingo Avenue via OpenCut Methods

3. Proposed Concrete Catch Basin(s) and Curb Inlet(s) in Intersection of Noche Buena Street and Mingo Avenue

4. Proposed Improvements on Private Property (As-Needed)

5. Proposed Improvements from Laguna Street to Noche Buena Street (As-Required)

EXHIBIT A
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Harris & Associates, Inc.  Noche Buena Street Emergency Storm Drain Improvements Project 2 of 4

6. Miscellaneous Improvements (As-Required)

SCOPE OF SERVICES
1) Phase 1 – Project Management
a. Task 1.1 – General Project Management: This task includes working with the City, other stakeholders, impacted private property owners on Noche Buena Street, Laguna Street, and Mingo Avenue, performing scope management, cost management, schedule management, as-needed internal meetings, administrative duties (i.e. coordination, correspondence, invoicing, etc), and other miscellaneous activities required to execute the Project, but are not clearly listed below. 2) Phase 2 – Preliminary Investigation
a. Task 2.1 – Data Gathering, Project Notifications, Review of Material: Harris & Associates staff will gather available records, CCTV, photographs, and other miscellaneous information from the City pertinent to the Project. Harris & Associates will develop our Project Notifications and issue those outreach documents to those affected.
b. Task 2.2 – Utility Coordination: Harris & Associates will coordinate with the City to contact, via e-mail, and issue utility notifications to utility companies that have facilities within the Project vicinity making them aware of the upcoming construction activities and request copies of their maps, plans, and/or sketches of their existing facilities. Harris & Associates will maintain a utility log tracking when and to whom notifications were sent and document the responses received. c. Task 2.3 – Site Visits and Field Reviews (In-Person): Harris & Associates staff will conduct field investigations to confirm existing conditions within the Project footprint, including understanding the challenges and to develop and select the preferred solutions and most appropriate and cost-effective storm drain improvements.
d. Task 2.4 – Base Mapping and Mark-Outs (No New Survey): Harris & Associates will use the existing aerial topographic survey from the City’s Pavement Rehabilitation Program for the Project area, including the information gathered in Task 2.1 and Task 2.2. Harris & Associates staff will adjust and/or confirm base mapping for the Project based on site visits and field reviews, specifically from requested USA mark-outs.

No other topographic survey will be leveraged in this Project. 3) Phase 3 – Pre-Final Design Deliverables
a. Task 3.1 – Pre-Final Design Drawings: Harris & Associates will produce pre-final design drawings as one (1) single set and anticipates the sheet index as follows:
 Title Sheet
 Notes/Abbreviations/Legend Sheet/Miscellaneous
 Storm Drain Improvements Plan and Profile (Noche Buena Street Mingo Avenue Intersection)  Storm Drain Improvements Plan and Profile (City Easement)  Storm Drain Details, Miscellaneous
Harris & Associates will prepare the pre-final design drawings in AutoCAD Civil 3D 2018. The full-size print size will be 24”x36”.
b. Task 3.2 – Pre-Final Engineer's Opinion of Probable Construction Cost: Harris & Associates will provide an engineer’s opinion of probable construction cost based on the pre-final design drawings for the Project. c. Task 3.3 – Quality Control Review (Pre-Final): Harris & Associates will perform Quality Control (QC) review of the Project’s formal deliverables to support high-quality technical deliverables as well as

EXHIBIT A
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Harris & Associates, Inc.  Noche Buena Street Emergency Storm Drain Improvements Project 3 of 4 compliance with the Scope of Work. Internal checklists and sign-offs by Harris & Associates QA/QC team on deliverables is required, but may be performed in concurrence with City review for expediency. 4) Phase 4 – Final Design Deliverables
a. Task 4.1 – Final Design Drawings: Harris & Associates will incorporate, address, and document the responses to the pre-final review comments from the City, in addition to design progress, to prepare the final design drawings.
b. Task 4.2 – Final Engineer's Opinion of Probable Construction Cost: An updated EOPCC will be provided based on the status of the project requirements and the development and refinement of the Construction Contract Documents.
c. Task 4.3 – Quality Control Review (Final): Harris & Associates will perform Quality Control (QC) review of the Project’s formal deliverables to support high-quality technical deliverables as well as compliance with the Scope of Work. Internal checklists and sign-offs by Harris & Associates QA/QC team on deliverables is required, but may be performed in concurrence with City review for expediency.

Assumptions and Exclusions
1) This Project will be set-up as a time and materials effort regarding Project costs, performed on an emergency, as-needed basis. An initial dollar amount of $24,500 will be employed, but time and materials efforts can exceed this dollar amount.
2) The Scope of Work and Scope of Services are based on what is currently known and may be subject to change as the Project develops.
3) Harris & Associates will not perform, or have performed, topographic survey for this Project, unless requested by the City and contracted via Amendment.
4) Harris & Associates will not perform, or have performed, additional CCTV for this Project, unless requested by the City and contracted via Amendment. Harris & Associates will make CCTV requests to the City as necessary, which will be performed and delivered by City team members. 5) Harris & Associates will not perform, or have performed, geotechnical engineering for this Project, unless requested by the City and contracted via Amendment.
6) Harris & Associates will not perform, or have performed, structural engineering for this Project, unless requested by the City and contracted via Amendment.
7) There will be no front-end documents, nor technical specifications for this Project, as the Construction Contract Documents (i.e. Final Design Drawings only) will be shared directly with the future on-call/asneeded Contractor and no public bidding or competitive bidding environment will be utilized. 8) There are no coordination efforts with the future on-call/as-needed Contractor. There are no construction management, administration, or inspection efforts for this Project, unless requested by the City and contracted via Amendment.

PROJECT SCHEDULE
There are no specific milestone delivery dates, but we understand this is an emergency and time is of the essence.

PROPOSED FEES
The proposed estimated fees for the Project are shown below, but are for Project initiation set-up purposes as well. Our professional engineering services will be provided on a time and materials basis (T&M).

Phase 1 – Project Management: $5,000

EXHIBIT A
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Harris & Associates, Inc.  Noche Buena Street Emergency Storm Drain Improvements Project 4 of 4 Phase 2 – Preliminary Investigation: $5,000
Phase 3 – Pre-Final Design Deliverables: $10,000
Phase 4 – Final Design Deliverables: $4,500
Total Estimated Fee: $24,500
We appreciate the opportunity to provide the City with professional engineering services for the Project. If you have any questions, please do not hesitate to call either of us.

Sincerely,
Harris & Associates, Inc.

Frank Lopez, PE, QSD Jason Caprio, PE, PMP
Vice President Engineering Manager
Engineering Consulting Engineering Consulting
(831) 233-9242 [email protected] (661) 319-9251 [email protected]

EXHIBIT A
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EXHIBIT B

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.

Note: Verify minimum limit for each coverage with Risk Manager.

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

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

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

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

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

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

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Note: If the required limits for general liability, auto and employer’s liability are $1 million or less, the following paragraph may be omitted.

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

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

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EXHIBIT B
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.

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.

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EXHIBIT B
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 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.

DocuSign Envelope ID: 62D7712B-C96B-4280-B33E-51239A4EB0B9 Packet Page 163

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.H.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Roberta Greathouse, Human Resources Director/Risk Manager Samantha Alcaraz, Human Resources Analyst
DATE: September 1, 2022
SUBJECT: ADOPT A RESOLUTION ADOPTING THE LISTING OF BENEFITS

WITH THE CITY OF SEASIDE'S EXECUTIVE MANAGERS

RECOMMENDATION
Adopt a resolution approving the Listing of Benefits with the Executive Managers.

BACKGROUND
The memoranda of understanding and listing of benefits for the City's bargaining units and unrepresented employees expired on June 30, 2022. The City Council approved Memoranda of Understanding with all bargaining units except for the Police Officers' Association on August 18, 2022, and approved the terms and conditions of employment for the Department Directors in closed session on the same evening.

The terms include:
a. Three-year term expiring June 30, 2025.
b. 4% salary increases in the first full pay period of July each year. c. Increase the City's deferred compensation matching contribution to $200 / month from $100 / month.
d. Effective the first full pay period in January 2023, the members will pay 3% of the City's Employer Contribution to CalPERS in exchange for an offsetting 3% salary increase.
e. In the first full pay period in January 2023, 2024, and 2025, provide an equity adjustment to eligible employees in the amount of 1/3 the distance to the market. Eligible employees, and the specific equity adjustments are outlined in the MOU.
f. Increase severance pay from 4 months to 6 months and include "Transition Packet Page 164

Item No. 8.H. Page 2 of 2
Pay" for the Police Chief and the Fire Chief.

FISCAL IMPACT
In the 2022/2023 Adopted Budget, the City Council budgeted for a 3% across the board salary increase. During these negotiations it became apparent that additional authority needed to be provided given the sharp increase in the cost of living and the fact that a number of the City's classifications have fallen behind the market, which creates retention and recruitment issues.

The estimated of the package in the current Fiscal Year is anticipated to be $167,000, with $99,500 being unbudgeted. The Finance Director will evaluate the effect of these changes at mid-year to determine if budget adjustments are necessary.

ATTACHMENTS

1. Department Director Compensation Plan 2022

2. Executive Manager Attachment 1 Equity Adjustments

3. Resolution
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 165
City of Seaside
Executive Managers Compensation Plan
Effective July 1, 2022
A. APPLICATION: This Compensation Plan applies to the City’s at-will Executive Management classifications.
a. Assistant City Attorney
b. Assistant City Manager
c. Assistant to the City Manager
d. Chief Building Official
e. Community Development Director
f. Deputy City Manager – Admin Services
g. Economic Development Director
h. Finance Director
i. Fire Chief
j. Human Resources Director
k. Human Resources Director / Risk Manager
l. Police Chief
m. Public Works Director / City Engineer
n. Recreation Director
B. SALARY:

1. General Salary Adjustments:
a. Effective the pay period beginning July 9, 2022, all members will receive a 4% salary increase.
b. Effective the first day of the first pay period in January 2023, all members will receive a 3% salary increase. This salary increase is contingent on bargaining unit members agreeing to pick up 3% of the City’s CalPERS contribution. c. Effective the first day of the pay period in July of 2023, all members will receive a 4% salary increase.
d. Effective the first day of the pay period in July of 2024, all members will receive a 4% salary increase.

2. Equity Adjustments:

Effective the first pay period in January of 2023, 2024, and 2025, positions that were 5% behind the market or more, will receive 1/3 of the increase needed to bring the position in alignment with the market. (Attachment 1).

3. LONGEVITY PAY:
a. Employees with five or more years of continuous City service shall receive 2.5% longevity pay.
b. Employees with ten or more years of continuous City service shall receive an additional 2.5% longevity pay (5% total).
c. Employees with fifteen or more years of continuous City service shall receive an additional 2.5% longevity pay (7.5% total).

Packet Page 166
City of Seaside
Executive Managers Compensation Plan
July 1, 2022
2 S:\MOUs\2022\Department Director Compensation Plan 2022.docx

4. Performance Pay:

The City Manager is authorized to grant up to a 7.5% increase to Directors who exceed expectations in the achievement of established performance goals and objectives. This gives the City Manager flexibility in setting salaries consistent with performance. (Special Compensation CCR 571(a) Incentive Pay.) C. UNIFORM ALLOWANCE: The Police and Fire Chiefs will receive a uniform allowance of $37.38 per pay period.

D. RETIREMENT:
a. Miscellaneous Classifications:
i. Tier 1 - CalPERS 2% @ 55

1. Eligibility: Employees determined by CalPERS to be “classic members.”

2. Employee Contribution: Directors will pay the 7.0% employee contribution to PERS.

3. Additional Employee Contribution: Effective the first full pay period after January 1, 2023, all bargaining unit members shall pay 3% of the employer’s contribution in accordance with Government Code Section 20516 (Employees Sharing
Additional Cost). Note: Timing is subject to any
administrative processing time required by CalPERS.
ii. Tier 2 - CalPERS 2% @ 62 Plan

1. Eligibility: Employees determined by CalPERS to be “new members.”

2. Employee Contribution: Directors will pay 50% of the normal cost as determined annually by CalPERS.

3. Additional Employee Contribution: Effective the first full pay period after January 1, 2023, all bargaining unit members shall pay 3% of the employer’s contribution in accordance with Government Code Section 20516 (Employees Sharing
Additional Cost). Note: Timing is subject to any
administrative processing time required by CalPERS.
iii. PARS Supplemental Retirement Plan:

1. Eligibility: Miscellaneous directors hired by the City on or before June 30, 2010.

2. Plan: The City will provide the PARS .5% at 55 supplemental retirement plan with credit for prior CalPERS and City service.

3. Contribution: The City pays the entire contribution.

Packet Page 167
City of Seaside
Executive Managers Compensation Plan
July 1, 2022
3 S:\MOUs\2022\Department Director Compensation Plan 2022.docx b. Fire Chief:
i. Tier 1 - CalPERS 2% @ 50

1. Eligibility: Fire employees determined by CalPERS to be “classic members.”

2. Employee Contribution: The Chief will pay the 9.0% employee contribution to PERS.

3. Additional Employee Contribution: Effective the first full pay period after January 1, 2023, all bargaining unit members shall pay 3% of the employer’s contribution in accordance with Government Code Section 20516 (Employees Sharing
Additional Cost). Note: Timing is subject to any
administrative processing time required by CalPERS.
ii. Tier 2 - CalPERS 2.7% @ 57 Plan

1. Eligibility: Employees determined by CalPERS to be “new members.”

2. Employee Contribution: The employee will pay 50% of the normal cost as determined annually by CalPERS.

3. Additional Employee Contribution: Effective the first full pay period after January 1, 2023, all bargaining unit members shall pay 3% of the employer’s contribution in accordance with Government Code Section 20516 (Employees Sharing
Additional Cost). Note: Timing is subject to any
administrative processing time required by CalPERS.
c. Police Chief:
i. Tier 1 – CalPERS 3% @ 50

1. Eligiblity: Employees hired by the City prior to July 1, 2010,

2. Employee Contribution: The Chief will pay the 9.0% employee contribution to PERS.

3. Additional Employee Contribution: Effective the first full pay period after January 1, 2023, all bargaining unit members shall pay 3% of the employer’s contribution in accordance with Government Code Section 20516 (Employees Sharing
Additional Cost). Note: Timing is subject to any
administrative processing time required by CalPERS.
ii. Tier 2 - CalPERS 3% @ 55

1. Eligibility: Police employees determined by CalPERS to be “classic members.”

2. Employee Contribution: The Chief will pay the 9.0% employee contribution to PERS.

Packet Page 168
City of Seaside
Executive Managers Compensation Plan
July 1, 2022
4 S:\MOUs\2022\Department Director Compensation Plan 2022.docx

3. Additional Employee Contribution: Effective the first full pay period after January 1, 2023, all bargaining unit members shall pay 3% of the employer’s contribution in accordance with Government Code Section 20516 (Employees Sharing
Additional Cost). Note: Timing is subject to any
administrative processing time required by CalPERS.
iii. Tier 2 - CalPERS 2.7% @ 57 Plan

1. Eligibility: Employees determined by CalPERS to be “new members.”

2. Employee Contribution: The employee will pay 50% of the normal cost as determined annually by CalPERS.

3. Additional Employee Contribution: Effective the first full pay period after January 1, 2023, all bargaining unit members shall pay 3% of the employer’s contribution in accordance with Government Code Section 20516 (Employees Sharing
Additional Cost). Note: Timing is subject to any
administrative processing time required by CalPERS.
d. The City provides the PERS 1959 Survivors Benefit Level Four. The employee cost is $2 per month.
e. Deferred Compensation: The City will pay up to $200 per month to the ICMA deferred compensation program for each Director who makes a matching contribution.

E. MEDICAL, DENTAL, VISION INSURANCE
a. Medical Contributions:
i. MCSIG PPO $40 (70/30 Plan).

The City will pay 100% of the employee only premium and 90% of the dependent premium. This will be the base contribution amount for all plans except the Grandfathered PACE Plan.
ii. MCISG PPO $25 (80/20 Plan).

Directors electing to participate in the MCSIG PPO $25 (80/20 Plan) will pay the difference between the City’s contribution for the PPO $40 Plan and the PPO $25 Plan premium.
iii. PACE Plan (90/10 Plan) – Employees hired after October 15, 2015.

New employees enrolling in the PACE 90/10 Plan will pay the difference between the City’s contribution for the PPO $40 plan and the PACE Packet Page 169
City of Seaside
Executive Managers Compensation Plan
July 1, 2022
5 S:\MOUs\2022\Department Director Compensation Plan 2022.docx Plan premium.
iv. PACE Plan (90/10 Plan) – Grandfathered Tier – open to employees hired before October 15, 2015.

The City will pay 81% of the employee only premium; 70% of the employee + 1 premium; and 73% of the family premium.
b. Dental and Vision Contributions: The City will contribute towards the cost of Director’s dental and vision insurance as follows:

Dental
Employee Only: $44.80
Employee + Spouse: $92.90
Employee + Children: $102.74
Employee + Family: $150.85
Vision
Employee Only: $5.35
Employee + 1: $5.78
Employee + Family: $13.12
i. Annual Premium Adjustments: The City and the Director will split the cost of any increase or decrease to the premium on a 50/50 basis. c. Retiree Medical:
i. Eligibility: Only employees hired by the City on or before June 30, 2010, are eligible for City-paid retiree medical insurance.
ii. Notwithstanding the requirements of the City’s Health and Welfare Plan to be eligible for retiree medical coverage, and subject to available coverage under the City’s plan, the City shall pay the employee’s (not dependents) cost of medical insurance in an amount not to exceed the monthly premium for the City’s insurance plan for retirees who retire on regular service or disability retirement until age 65 or until the retiree becomes eligible for Medicare, whichever comes first. iii. Employee may cover dependents by paying the additional monthly premium.
iv. In the event that coverage is not available under the City’s plan, and where an eligible employee elects to continue health coverage under COBRA, the City shall contribute to that COBRA payment an amount Packet Page 170
City of Seaside
Executive Managers Compensation Plan
July 1, 2022
6 S:\MOUs\2022\Department Director Compensation Plan 2022.docx not to exceed the monthly premium for the City’s health insurance plan for the period of time of COBRA eligibility or up to age 65, whichever is less.
v. Employees must have ten years of continuous service with the City, have been hired by the City on or before June 30, 2010, and be at least 50 years of age to receive this benefit.
vi. The City complies with all Federal and State guidelines regarding medical and dental insurance. This compliance includes continuation of benefits under COBRA.
d. Life Insurance: The City will provide term life insurance for all Directors in the amount of two times the Director’s annual salary.
e. Long-Term Disability: The City shall pay the cost of a long-term disability program.
f. IRS Section 125 Plan: The City shall make available an Internal Revenue Service Code Section 125 Plan for unreimbursed medical and dependent care expenses. The annual maximum is set by the IRS.
g. Wellness Program:
i. Health Club / Workout Subscription service Membership: The City will pay up to $45 per month towards an employee membership at a health club or workout subscription service upon submission of receipt of contract to the Finance Division. The City will process dues by payroll deduction if administratively feasible.

The preapproved workout subscription services are Peloton, Obe Fitness, Apple Fitness Plus, Mirror, and Daily Burn. The Human Resources Director / Risk Manager is authorized to approve reimbursement for other subscription services with the emphasis placed on robust platforms that offer a variety of classes, fitness tracking, and live programming. Denial of a member’s request for reimbursement for a service not listed above is not subject to the grievance procedure.
ii. City Recreation Facilities: Directors and their families will have use of City Recreation facilities at no cost.

Packet Page 171
City of Seaside
Executive Managers Compensation Plan
July 1, 2022
7 S:\MOUs\2022\Department Director Compensation Plan 2022.docx F. LEAVE BENEFITS:
a. Vacation
i. Accrual Rates: The regular accrual rate shall be:

Years of Service Accrual Rate per year
Up to 4 10 days
5 – 9 15 days
10 – 14 17 days
15 – 19 20 days
20 – 24 21 days
25 + 25 days
ii. Vacation Upon Termination: Any employee, upon termination of City employment for any reason, who is entitled to vacation time and who has not had the same, shall be paid at his/her current salary rate for such vacation time on the effective date of such termination. If such person works over one-half (1/2) of the month, they shall be entitled to accumulate vacation for that month.
iii. Maximum Accumulation: Employees will be allowed to have no more than two years earned vacation accumulated as of the end of the 2nd pay period of January of any year. Payout for leave in excess of maximum will occur on the 1st pay period of March.
iv. The City will allow Directors to cash out 40 hours of accumulated accumulated vacation time as set forth in this section. On or before the pay period which includes December 15 of each calendar year, an employee may make an irrevocable election to cash out up to forty (40) hours of accrued vacation (in whole hour increments) which will be earned in the following calendar year at the employee’s base salary rate. On the pay day of the first pay period in November of the calendar year following election of the cash out, the employee will receive cash for the amount of vacation the employee irrevocably elected to cash out in the prior year. However, if the employee’s vacation leave balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of leave the employee has accrued at the time of the cash out. This cash out provision is voluntary on the part of each bargaining employee, and does not change the practice of maintaining a maximum of two years of vacation accumulation at the end of any calendar year.

Packet Page 172
City of Seaside
Executive Managers Compensation Plan
July 1, 2022
8 S:\MOUs\2022\Department Director Compensation Plan 2022.docx v. Accumulation during OJI Leave: An employee being paid because of an injury on-the-job will accumulate vacation time and sick leave. vi. No Interruption of Accumulation: No interruption in the accumulation of vacation time shall result when an employee takes sick leave, vacation, temporary military leave, or paid leave because of an on-thejob incurred illness or injury. b. Sick Leave with Pay for Non-Job Related Illness, Injury or Disability i. Accrual: Each Director shall earn eight (8) hours sick leave with pay for each calendar month or major fraction thereof served.
ii. Sick Leave Use: Sick leave may be used for the illness/injury of family members and all other permissible uses under state law. iii. Bereavement Leave: Bereavement leave, to a maximum of three (3) working days, will be permitted, without charging such leave against sick leave, upon the death of a member of the employee’s immediate family. Immediate family is defined as a parent, child, spouse or domestic partner, brother, sister, grandparents, father-in-law, and mother-in-law of the employee. Employee may use an additional 16 hours of sick leave to extend said leave.
c. On-The-Job Injury (OJI) Leave:
i. Police and Fire Chiefs: The Chiefs shall be entitled to on-the-job injury leave in accordance with Section 4850 of the California Labor Code. ii. Miscellaneous Directors: Whenever a non-safety Director is disabled by injury or illness arising out of and in the course of his/her duties, he/she shall become entitled to a leave of absence without loss of salary for a period not to exceed three (3) months in any five (5) year period.
iii. Temporary Disability Benefits: The Directorshall draw full salary under OJI leave, and the City will take credit for any temporary disability payments. Once OJI leave is exhausted, an employee on leave without pay would be entitled to temporary disability in accordance with State Worker’s Compensation law.
iv. Use of Accumulated Leaves: Once OJI and/or LC 4850 leave have been exhausted, accumulated leaves may be used to supplement temporary Packet Page 173
City of Seaside
Executive Managers Compensation Plan
July 1, 2022
9 S:\MOUs\2022\Department Director Compensation Plan 2022.docx disability payments.
v. Leave Accrual: A Director on leave of absence under this section will continue to accumulate sick leave and vacation leave.
d. Management Leave
i. Annual Accrual: Directors shall earn 40 hours of management leave per calendar year. All management leave on the books as of December 31st shall be cashed out in the 1st pay period of March. ii. Additional Leave: The City Manager shall have the authority to grant sixteen (16) hours of management time leave to Directors at his/her discretion.
iii. Management Leave Payoff: On or before the pay period which includes December 15 of each calendar year, an employee may make an irrevocable election to cash out up to forty (40) hours of management leave (in whole hour increments) which will be earned in the following calendar year at the employee’s base salary rate. On the pay day of the first pay period in November of the calendar year following election of the cash out, the employee will receive cash for the amount of management leave the employee irrevocably elected to cash out in the prior year. However, if the employee’s management leave balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of leave the employee has on the books at the time of the cash out. This cash out provision is voluntary on the part of each bargaining employee, and does not change the practice of cashing out all management leave hours that are on the books at the end of the any calendar year. e. Administrative Leave
i. Directors shall earn forty (40) hours, non-cumulative, nonreimbursable administrative leave per calendar year. f. Holidays: All employees shall be entitled to the following holidays:
• First day of January (New Year’s Day)
• Third Monday in January (Martin Luther King Observance) • Third Monday in February (President’s Day)
• Thirty-first day of March (Cesar Chavez Day)
• Nineteenth day of June (Juneteenth)
• Last Monday in May (Memorial Day)
• Fourth day of July (Independence Day)
• First Monday in September (Labor Day)
Packet Page 174
City of Seaside
Executive Managers Compensation Plan
July 1, 2022
10 S:\MOUs\2022\Department Director Compensation Plan 2022.docx • Eleventh day of November (Veteran’s Day)
• Fourth Thursday of November (Thanksgiving Day)
• Day following Thanksgiving Day
• Working day immediately preceding Christmas Day (Christmas Eve) • Twenty-fifth day of December (Christmas Day)
g. Jury Duty:
i. Jury Duty: The City will grant an employee leave with pay for jury duty.

Any checks received from the courts must be submitted to Finance.

Travel pay which is included in the check, will be returned to the employee. This rule also applicable to those employees serving on the Grand Jury.

G. TUITION REIMBURSEMENT:
a. Executive Managers wishing to obtain a Masters’ or Doctorate Degree are eligible to receive reimbursement for tuition and book expenses up to $3,000 per fiscal year.
b. After completing the course with a grade of “C” or better (“Pass” or certificate of achievement for classes that are not graded), proof of completion of course work requirements shall be submitted to the Human Resources Department indicating the specific courses and credits completed, together with receipts and transcripts or other documentation as may be required by the Human Resources Director. This information shall be submitted on forms provided by the Human Resources Department.

H. Termination of Employment; General Release; Severance:
a. This is an at-will position, as defined by City of Seaside Municipal Code Section

2.44.030. Nothing herein shall be interpreted to prevent, limit or otherwise interfere with ability of the City to terminate the services of a Department Director with or without cause. There is no express or implied promise to any Department Director for any form of continued employment. b. If the City terminates a Department Director without cause while she / he is still willing and able to perform the duties of their position, City shall pay that Director a lump sum equal to six (6) months of the Director’s then current salary and will continue to pay the Director’s medical, dental, and vision premiums at the employee only level during this six-month period. c. At the City Manager’s discretion, a Police Chief or Fire Chief terminated without cause, may be eligible for up to an additional six (6) months of “Leadership Transition Pay.” The Chief must be willing and able to provide Packet Page 175
City of Seaside
Executive Managers Compensation Plan
July 1, 2022
11 S:\MOUs\2022\Department Director Compensation Plan 2022.docx transitional assistance to the incoming leadership and will be expected to sign a general release of claims and enter into an agreement regarding hours, work assignment, expectations, etc. The Leadership Transition Pay will be paid to ensure the seamless transition of leadership to guarantee the public’s safety is not at risk. This pay will be paid monthly, be considered “final settlement pay,” and will terminate sooner than six months if the Chief retires or is hired by another employer.
d. As used herein, “cause” shall mean any of the following:

Conviction of, or plea of guilty or nolo contendre to, any crime or offense (other than minor traffic violations or similar offenses) which, in the determination of the City Council, is likely to have a materially adverse impact on the City or the Director’s reputation;
Conviction of any crime involving an “abuse of office or position,” as that term is defined in Government Code Section 53243.4, or of moral turpitude;
Repeated failure to carry out a directive or directives of the City Manager; or
Any grossly negligent action or inaction by the Director that materially and adversely: (a) impedes or disrupts the
operations of City or its organizational units; (b) is detrimental to employees or public safety; or (c) violates City’s properlyestablished rules or procedures. e. The Department Director may resign from her / his employment at any time, upon giving thirty (30) days written notice to the City Manager, or earlier, upon mutual agreement of the parties. In the event of resignation, the Director shall not be entitled to any additional compensation or payment, including severance, but shall be entitled to any outstanding salary, accrued vacation, and any other accrued and unused benefits according to any applicable Personnel Rules or other policies and procedures.

Packet Page 176
City of Seaside
Salary Survey Data
May 2022

Position Title Group
Current
Maximum
monthly Salary
Maximum
Monthly Salary
based on Survey
Data
Percent
Behind
Market (at
or over
market)
Equity
Adjustm
ent Jan
23, Jan
24, Jan
25 Rationale
ACM / Community Development Director Exec $14,198 $17,945 -26.4% 8.8% Market and range placement.

Chief Building Official Exec $11,386 $13,790 -21.1% 7.0% Market and range placement.

Assistant City Manager Exec $14,198 $17,063 -20.2% 6.7% Market and range placement.

Public Works Director / City Engineer Exec $14,437 $16,733 -15.9% 5.3% Internal Alignment Recreation Services Director Exec $13,456 $15,355 -14.1% 4.7% Market and range placement.

Human Resources Director / Risk Manager Exec $14,041 $15,355 -9.4% 3.1% Internal Alignment Finance Director Exec $14,437 $15,355 -6.4% 2.1% Internal Alignment Fire Chief* Exec $17,182 $16,733 2.6% 0 Market and range placement.

Police Chief* Exec $17,623 $16,984 3.6% 0 Market and range placement. *No adjustment to be provided
Legend for columns:

Column 4 - Monthly maximum salary of the newly proposed salary ranges.

Column 5 - This percentage expresses the difference between Seaside's current salaries and the proposed salaries.

Column 6 - This is the Relationship (to evaluate salary differential between related classifications) Column 6 - The rationale expresses how the proposed salary recommendation was arrived at (i.e., whether market results or internal alignments were used).

Column 1 - Classification Title.

Column 2 - Seaside labor association.

Column 3 - Seaside's current monthly maximum salaries.

Column 4 - Proposed Salary range number from the newly proposed salary range schedule.

Column 3 - Percentage from Total Monthly Comp median is the market percentage differential the Seaside Benchmark classification is from the Market Median.

Column 4 - Market or Internal placement shows the total monthly compensation market median dollar values derived from the market survey results, or the internal placement percentage.

Packet Page 177
RESOLUTION NO.

A RESOLUTION OF THE CITY OF SEASIDE

APPROVING THE LISTING OF BENEFITS WITH EXECUTIVE MANAGERS WHEREAS, Municipal Code Section 2.44.030 dictates the types of positions that are designated as unclassified and those employees are unrepresented which includes the Department Directors; and WHEREAS, the City Manager has recommended the unrepresented employees receive similar pay and benefits as other employees.

NOW, THEREFORE, BE IT RESOLVED, that the attached Listing of Benefits shall be effective as stated therein; and
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 1st day of September 2022.

AYES: COUNCIL MEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
_____________________
Ian N. Oglesby, Mayor
ATTEST:
__________________________
Dominique Davis, City Clerk
Packet Page 178

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.I.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: September 1, 2022
SUBJECT: APPROVE A MAYOR'S YOUTH FUND CONTRIBUTION REQUEST

FROM SEASIDE BLADE RUNNERS BASKETBALL

RECOMMENDATION
Approve a request from Seaside Blade Runners Basketball for a donation of $3,000.00 from the Mayor's Youth Fund to help cover the costs for equipment, uniforms, gym expenses, tournaments and transportation.

BACKGROUND
Founded in 2011, the Seaside Blade Runners Amateur Athletic Union (AAU) Travel Basketball Program is a vital part of the Central Coast of California's mentoring program for young people. They are dedicated to youth development, healthy living and social responsibility. Annually, they conduct beach cleanups and pick up all the recyclables and garbage. In addition, they clean up and recycle at every practice and game.

Based on the information provided, staff has determined that the application meets the requirements of the Mayor's Youth Fund Policy. Seaside Blade Runners Basketball received their last donation at the August 05, 2021, City Council meeting. They submitted their 2021 Mayor's Youth Fund Closing Report within the 60 day time frame.

FISCAL IMPACT
This request would be funded by a donation from the Green Waste Recovery's donation to the Mayor's Youth Fund. The current balance in the Mayor's Youth Fund account (601-2106) is $80,349.43. If the City Council approves this request, the balance will decrease to $77,349.43 for fiscal year 2022/23.

Packet Page 179

Item No. 8.I. Page 2 of 2
In the event that all of the funds in the Mayor's Youth Fund are exhausted, staff will keep a file of all applications. Once Green Waste issues the next round of funding, all applications on file will be processed at the next available City Council meeting.

ATTACHMENTS

1. MYF - Seaside Blade Runners Basketball 2022

2. W-9 - Seaside Blade Runners Basketball 2022

3. Mayor's Youth Fund Closing Report - Seaside Blade Runners Basketball 2021 Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.J.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: September 1, 2022
SUBJECT: APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST

FROM SEASIDE HIGH SCHOOL FOOTBALL TEAM

RECOMMENDATION
Approve a request from Seaside High School Football Team for a donation of $3,000.00 from the Mayor's Youth Fund for the costs associated with knee pads, helmets, practice jerseys, and girdles.

BACKGROUND
Seaside High School Football Team is requesting a $3,000.00 donation from the Mayor's Youth Fund to cover the cost for knee pads, helmets, practice jerseys, and girdles for their football players. Through their football program, players are taught character development, life skills, and the importance of achieving excellence in and out of the classroom. The number one goal is that their young men will be better students and grow up to be exceptional young men in the community.

In reference to the City's goals of recycling and maintaining a healthy environment, recyclables such as equipment, are either traded in for new equipment or taken to the Monterey Regional Waste Management District for reuse or recycling purposes. In addition, plastic bottles, glass bottles and cans are collected after each football game and daily throughout the year around campus.

Based on the information provided, staff has determined that the application meets the requirements of the Mayor's Youth Fund Policy. The Seaside High School Football Team received their last donation at the July 15, 2021, City Council meeting. They submitted their 2021 Mayor's Youth Fund Closing Report within the 60 day time frame.

Packet Page 187

Item No. 8.J. Page 2 of 2

FISCAL IMPACT
This request would be funded by a donation from the Green Waste Recovery's donation to the Mayor's Youth Fund. The current balance in the Mayor's Youth Fund account (601-2106) is $77,349.43. If the City Council approves this request, the balance will decrease to $74,349.43 for fiscal year 2022/23.

In the event that all of the funds in the Mayor's Youth Fund become exhausted, staff will keep a file of all applications. Once Green Waste issues the next round of funding, all applications on file will be processed at the next available City Council meeting.

ATTACHMENTS

1. MYF request from SHS Football Team 2022

2. Seaside High School W-9 Form 2022

3. MYF Closing Report - Seaside High School Football 2021 Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.K.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dave Fortune, Maintenance and Utilities Superintendent Nisha Patel, Public Works Director/City Engineer
DATE: September 1, 2022
SUBJECT: APPROVE CLEAN CALIFORNIA MAINTENANCE AGREEMENT

WITH THE STATE OF CALIFORNIA FOR STREET SWEEPING AND
GRAFFITI REMOVAL SERVICES ON HIGHWAY 218 FROM
FREMONT BOULEVARD TO HIGHWAY 1

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a Clean California Maintenance Agreement with the State of California to street sweep and remove graffiti on Canyon Del Rey Boulevard (Highway 218) from Fremont Boulevard to Highway 1.

BACKGROUND
The Clean California Maintenance Agreement (“AGREEMENT”) is between the State of California, acting by and through the Department of Transportation (“STATE”), and the City of Seaside (“LOCAL AGENCY”).

The AGREEMENT identifies specific maintenance functions the STATE requests LOCAL AGENCY to perform in the STATE right of way situated within LOCAL AGENCY’S jurisdictional limits as authorized in Streets and Highways Code Section 130.

Pursuant to the “Clean California Beautification Program of 2021,” the PARTIES desire to identify specific mission-critical maintenance services LOCAL AGENCY will perform on and around STATE right of way situated within LOCAL AGENCY’s jurisdictional limits.

1. Included Maintenance Activities.

1.1 LOCAL AGENCY shall perform litter and debris removal and associated traffic control on the State Route(s) (SR), post miles (PM) and approximate mile lengths Packet Page 196

Item No. 8.K. Page 2 of 3
(STATE Right of Way) set forth in Exhibit A. LOCAL AGENCY shall sweep, remove and discard litter and debris, including, but not limited to: furniture, appliances, tire casings, bulky and large items, automobile wreckage, auto components, clothing, beverage containers, food packages and garbage.

1.2 LOCAL AGENCY shall perform Graffiti Removal.

2. Excluded Maintenance Activities.

2.1 Unsheltered Encampment Relocation. LOCAL AGENCY shall not engage in any activities to relocate any persons experiencing homelessness who are situated within the STATE Right of Way. LOCAL AGENCY shall comply with the processes and procedures set forth in STATE’s “Interim Guidance on Encampments, Prioritizing and Addressing Encampments on Caltrans-owned Property,” dated July 2021, and as may be amended during the term of this AGREEMENT (Interim Guidance).

2.2 Abandoned Encampments. If LOCAL AGENCY encounters abandoned homeless encampments at or within STATE Right of Way, LOCAL AGENCY shall comply with the processes and procedures set forth in STATE’s Interim Guidance, including but not limited to coordination with STATE and the local California Highway Patrol.

2.3 Hazardous Material Clean up. LOCAL AGENCY shall not engage in any hazardous material clean-up activities. If LOCAL AGENCY encounters any hazardous materials, including but not limited to bloodborne pathogens, biological waste, feces, syringes, needles, sharp objects or unknown substances during maintenance services performed under this AGREEMENT, LOCAL AGENCY shall immediately contact STATE’s District Hazardous Material manager for appropriate action.

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute the Clean California Maintenance Agreement (Attachment 1) with the State of California to street sweep and remove graffiti on Highway 218 from Fremont Boulevard to Highway 1.

FISCAL IMPACT
The City of Seaside can bill the State of California up to $60,000 for services rendered under the Included Maintenance Activities for the Clean California Maintenance Agreement.

ATTACHMENTS

1. Clean California Maintenance Agreement

2. Resolution
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Item No. 8.K. Page 3 of 3
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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Tracking Number CCMA 05-22-MB11
June 27, 2022
City of Seaside

CLEAN CALIFORNIA MAINTENANCE AGREEMENT

WITH THE CITY OF SEASIDE
This CLEAN CALIFORNIA MAINTENANCE AGREEMENT (“AGREEMENT”) is made by and between the State of California, acting by and through the Department of Transportation (“STATE”), and the City of Seaside (“LOCAL AGENCY”); each may be referred to individually as a “PARTY” and jointly as “PARTIES”.

RECITALS

1. This AGREEMENT will identify the specific maintenance functions STATE requests LOCAL AGENCY to perform in the STATE right of way situated within LOCAL AGENCY’S jurisdictional limits as authorized in Streets and Highways Code Section 130.

2. Pursuant to the “Clean California Beautification Program of 2021,” the PARTIES desire to identify specific mission-critical maintenance services LOCAL AGENCY will perform on and around STATE right of way situated within LOCAL AGENCY’s jurisdictional limits.

OPERATIVE PROVISIONS

1. Maintenance Services. LOCAL AGENCY shall perform litter and debris removal and associated traffic control, at the State Route(s) (SR), post miles (PM) and approximate mile lengths (STATE Right of Way) set forth in Exhibit A.

LOCAL AGENCY shall sweep, remove and discard litter and debris, including, but not limited to: furniture, appliances, tire casings, bulky and large items, automobile wreckage, auto components, clothing, beverage containers, food packages and garbage.

2. Maintenance Standards. LOCAL AGENCY shall perform all maintenance services in compliance with the provisions of Streets and Highways Code section 27, and in accordance with California and federal laws and regulations and STATE policies, procedures and specifications in effect and as amended, and applicable municipal ordinances.

3. Prior Maintenance Agreements. The PARTIES agree that this AGREEMENT does not supersede the PARTIES’ existing Delegated Maintenance Agreement or other maintenance agreements, if any.

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4. Maintenance Areas. LOCAL AGENCY shall perform maintenance services in the STATE Right of Way locations and areas described in Exhibit A and listed in Exhibit B. LOCAL AGENCY shall perform work only in areas shown in Exhibits A and B of this AGREEMENT.

5. Amendment to Agreement. Changes to LOCAL AGENCY’s maintenance services covered in this AGREEMENT may be made by each PARTY executing amended Exhibits A and B and/or executing additional pages to Exhibits A and B that shall be attached to this AGREEMENT and will supersede the original Exhibits A and B. Otherwise, this AGREEMENT may only be amended by a written agreement executed by both PARTIES. STATE’s District Maintenance Agreement Coordinator (DMAC) must obtain prior written approval of any amendments from the District 5 Deputy Director of Maintenance before such amendments may become effective and enforceable under this AGREEMENT.

6. Party Representatives and Notices.

LOCAL AGENCY’s Project Manager is: Dave Fortune
STATE’s DMAC is: Michael Britton
All notices, document submittals and invoices required under this AGREEMENT shall be deemed to have been fully given when made in writing and received by the PARTIES at their respective addresses as follows:

LOCAL AGENCY
Attn: Name of Project Manager: Dave Fortune
Address: 440 Harcourt Ave.

City, Zip: Seaside, CA 93955
E-copy to: [email protected]
STATE
Attn: Ashley Johnson, Resource Manager <[email protected]> Address: 50 Higuera Street
San Luis Obispo, CA 93401
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7. Excluded Maintenance Activities.

7.1 Unsheltered Encampment Relocation. LOCAL AGENCY shall not engage in any activities to relocate any persons experiencing homelessness who are situated within STATE Right of Way. LOCAL AGENCY shall comply with the processes and procedures set forth in STATE’s “Interim Guidance on Encampments, Prioritizing and Addressing Encampments on Caltransowned Property,” dated July 2021, and as may be amended during the term of this AGREEMENT (Interim Guidance).

7.2 Abandoned Encampments. If LOCAL AGENCY encounters abandoned homeless encampments at or within STATE Right of Way, LOCAL AGENCY shall comply with the processes and procedures set forth in STATE’s Interim Guidance, including but not limited to coordination with STATE and the local California Highway Patrol.

7.3 Hazardous Material Clean up. LOCAL AGENCY shall not engage in any hazardous material clean-up activities. If LOCAL AGENCY encounters any hazardous materials, including but not limited to bloodborne pathogens, biological waste, feces, syringes, needles, sharp objects or unknown substances during maintenance services performed under this AGREEMENT, LOCAL AGENCY shall immediately contact STATE’s District Hazardous Material manager for appropriate action.

7.4 Weed Abatement. LOCAL AGENCY shall not perform any weed abatement, remove overgrown brush, trees, grass and limbs or conduct any spraying, grading, mowing or discing for any maintenance services within STATE Right of Way.

8. Graffiti Removal. LOCAL AGENCY’s graffiti removal shall be limited to removal of text only in accordance with Streets and Highway Code Section

96. Any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements may not be removed. LOCAL AGENCY shall discuss such possible art with STATE’s District 5 Transportation Art Coordinator (<[email protected]>) before conducting any graffiti removal or remediation. STATE shall pay the actual cost of LOCAL AGENCY’s graffiti removal as specified in Section 11 of this AGREEMENT.

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9. Maintenance Service Schedule. LOCAL AGENCY shall provide STATE’s District 5 Area Maintenance Superintendent, Michael Parker, at least twenty-four (24) hours prior telephone or email notice before performing any maintenance services under this AGREEMENT. His email and phone number are: [email protected] or (831) 783-3010. LOCAL AGENCY shall provide the RESOURCE MANAGER identified in this AGREEMENT with a litter, debris and graffiti removal schedule. Maintenance services shall be provided at a minimum biweekly basis. Maintenance services shall be performed between the hours of 6:00 am and 6:00 pm and may be performed on weekends and holidays if necessary. LOCAL AGENCY must request prior written approval from STATE’s District Maintenance Superintendent prior to performing any maintenance services before 6:00 am or after 6:00 pm

10.Authorized Reimbursement. The functions and levels of maintenance services delegated to LOCAL AGENCY in the attached Exhibits A and B and amounts appropriated to State pursuant to the Clean California Beautification Program of 2021 have been considered in setting authorized total dollar amounts. LOCAL AGENCY may perform additional work if desired, but STATE will not reimburse LOCAL AGENCY for any work in excess of the authorized dollar limits established herein.

11.Cost Reimbursement. STATE shall reimburse LOCAL AGENCY for LOCAL AGENCY’s actual and necessary costs incurred to perform the maintenance services under this AGREEMENT; provided, however, that STATE’s reimbursement shall not exceed the maximum authorized expenditures listed in Exhibit B.

11.1 Amendment to Approved Expenditures. Upon LOCAL AGENCY’s written request, the expenditures per route for maintenance services set forth in Exhibits A and B may be increased, decreased, or redistributed between routes pursuant to the PARTIES executing an appropriate amendment in accordance with section 5 above. All such
adjustments must be authorized in writing by the District Director or his/her authorized representative.

11.2 Term of Expenditures. Additional expenditures or an adjustment of expenditures once authorized shall apply only for the term of this AGREEMENT and shall not be deemed to permanently modify or change the basic maximum expenditures per route as specified in Packet Page 202
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Exhibits A and B. Any expenditure adjustments shall not affect or alter any other terms of this AGREEMENT.

12.Billing, Payment and Reporting.

12.1 Billing Date. LOCAL AGENCY shall submit billing invoices to STATE’s RESOURCE MANAGER each month beginning after the first month LOCAL AGENCY has performed maintenance services under this AGREEMENT. LOCAL AGENCY shall not submit billing invoices for reimbursement of costs less than $500 more than once each quarter. LOCAL AGENCY shall also submit billing invoices promptly following the close of STATE’s fiscal year on each June 30th.

12.2 Billing Submission Format. Each billing invoice shall include all of the following:
(a)STATE’s Clean California Program Code: CLEANCADMA;
(b)AGREEMENT number: CCMA 05-22-MB11;
(c)Date(s) of services;
(d)Location of services;
(e)Number of hours and hourly rates;
(f) Receipts for trash disposal;
(g)Receipts for equipment, materials and supplies; and
(h) LOCAL AGENCY’s maintenance services report that includes the information required under section 15 of this AGREEMENT.

STATE shall pay LOCAL AGENCY for the maintenance services satisfactorily performed in accordance with the rates and schedules in Exhibits A and B.

13.Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES’ successors-in-interest, including, but not limited to any public entity to whom any part of the STATE right of way covered under this AGREEMENT may be relinquished and any subsequently incorporated city or other municipality established within the LOCAL AGENCY’s jurisdictional limits.

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14.Encroachment Permits. Before LOCAL AGENCY may enter STATE right of way to perform any maintenance services in the areas covered by this AGREEMENT, STATE’s District 5 Encroachment Permit Office must issue an initial encroachment permit at no cost to LOCAL AGENCY. LOCAL AGENCY must obtain additional encroachment permits, if necessary, to enter or perform any work within STATE right of way not covered by this AGREEMENT.

STATE will issue these additional encroachment permits at no cost to LOCAL AGENCY. LOCAL AGENCY’s contractors and sub-contractors must apply for and be issued separate encroachment permits before they may enter STATE right of way to perform any maintenance or work under this AGREEMENT.

15.Performance Monitoring. LOCAL AGENCY shall prepare a Performance Report to record and report the quantity and description of litter and debris removed and maintenance services performed at each clean-up site and location set forth in Exhibits A and B. This Performance Report shall include dated and executed documents demonstrating the amount of litter and debris removed. The RESOURCE MANAGER may also request that LOCAL AGENCY provide photographs of the sites taken before and after LOCAL AGENCY’s maintenance services are performed.

16. Legal Disposal of Litter Collected. LOCAL AGENCY shall make its own arrangements for the legal disposal of litter or debris materials to authorized disposal sites. LOCAL AGENCY shall not leave any filled litter bags, litter piles or other groups of litter assembled during its maintenance services along or in STATE Right of Way. Such litter groupings shall be removed out of STATE Right of Way each day LOCAL AGENCY performs the maintenance services in this AGREEMENT.

17. Safety and Worker Compliance. LOCAL AGENCY shall be solely responsible for crew pay, workers compensation and any other benefits required by state and federal law. Subcontractors and crew members are not considered STATE’s employees at any time. LOCAL AGENCY shall comply with all applicable State and Federal statutes and regulations governing worker and public safety, including but not limited to compliance with CAL-OSHA regulations and guidelines. LOCAL AGENCY shall notify the STATE’s District 5 Area Maintenance Superintendent no later than Tuesday of the prior week when traffic controls, flags, signs, or lane closures are necessary to safely Packet Page 204
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perform any maintenance services and must receive prior approval for any such lane and/or shoulder closures.

18. Equipment and Supplies. LOCAL AGENCY shall provide the necessary equipment, tools, personal protective equipment, materials, supplies and products necessary to perform the maintenance services under this AGREEMENT. STATE shall reimburse LOCAL AGENCY for the reasonable costs of such equipment and supplies not to exceed the authorized expenditures set forth in Exhibits A and B.

19. Legal Relations and Responsibilities.

19.1 No Third-party Beneficiaries. This AGREEMENT is not intended to create duties, obligations, or rights of third parties beyond the PARTIES to this AGREEMENT. Nor does this AGREEMENT affect a PARTY’s legal liability by imposing any standard of care for the maintenance of STATE highways different from the standard of care imposed by law.

19.2 Indemnification. Neither STATE nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY in
connection with any work, authority or jurisdiction conferred upon LOCAL AGENCY under this AGREEMENT. LOCAL AGENCY shall fully defend, indemnify, and save harmless STATE and its officers and employees from all claims, suits, or actions of every kind occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub-contractors and/or its agents pursuant to this AGREEMENT.

Neither LOCAL AGENCY nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. STATE shall fully defend, indemnify, and save harmless LOCAL AGENCY and its officers and employees from all claims, suits, or actions of every kind occurring by reason of anything done or omitted to be done by STATE under this Agreement.

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19.3 Work-related Injuries. If a LOCAL AGENCY-assigned crew member is injured while performing maintenance services under this AGREEMENT, LOCAL AGENCY or its designated subcontractor shall be responsible for ensuring the crew member is given prompt medical care and treatment and, if necessary, transportation to a medical facility. LOCAL AGENCY or its designated subcontractor shall administer any injury and workers compensation claims. LOCAL AGENCY shall notify the STATE’s Area Maintenance Superintendent within twenty-four (24) hours when any such incident has occurred.

20.Prevailing Wages and Labor Compliance. LOCAL AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for public works or maintenance contracts and subcontracts executed for the LOCAL AGENCY’s maintenance services under this AGREEMENT.

21.Self-Insured. LOCAL AGENCY is self-insured. LOCAL AGENCY shall deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury and property damage liability, in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess by delivering a Letter Certifying Self-Insurance. The Letter of Self-Insurance must be substantially in the form of Exhibit C and identify the AGREEMENT number, and location as depicted in Exhibits A and B. LOCAL AGENCY shall provide the original Letter Certifying Self-Insurance as a condition to STATE’s execution of this AGREEMENT. A copy of the original letter shall be attached to this AGREEMENT as Exhibit C.

Self-Insured using Contractor. If the work performed under this AGREEMENT is done by LOCAL AGENCY‘s contractor(s), LOCAL AGENCY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. LOCAL AGENCY shall provide a certificate of insurance evidencing this insurance in a form satisfactory to STATE.

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22. Budget Contingency. STATE’s payments to LOCAL AGENCY are contingent upon the Legislature appropriating sufficient funds under the Budget Act, the allocation of funding by the Clean California State Beautification Program of 2021 as appropriate, and the encumbrance of funding to STATE’s District Office.

23. Termination. This AGREEMENT may be terminated by the mutual written consent of each PARTY. STATE may terminate this AGREEMENT for convenience or for cause upon thirty (30) days’ prior written notice to LOCAL AGENCY. LOCAL AGENCY may terminate this AGREEMENT upon thirty (30) days’ prior written notice to STATE.

24. Term of Agreement. This AGREEMENT shall become effective on the last of the dates each PARTY’s authorized representative has executed this AGREEMENT and shall expire on June 30, 2024, unless terminated or amended.

25.Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that he/she is duly authorized to execute this AGREEMENT as authorized under Streets and Highways Code Sections 114 and 130. LOCAL AGENCY represents and certifies that it has, through its regular political process, authorized the execution of this AGREEMENT by appropriate resolution, delegation, or plenary authority as required.

Counterparts. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.

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26.Electronic Signatures. Electronic signatures of the PARTIES, whether digital or encrypted, are intended to authenticate this written AGREEMENT, and shall have the same force and effect as manual signatures for this AGREEMENT.

THE LOCAL AGENCY OF

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
Dated:

Mayor
INITIATED AND APPROVED:

Dated: Dated:

City Manager Deputy District Director
Maintenance District 5
Dated:

City Clerk

APPROVED AS TO FORM
Dated:

City Attorney
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EXHIBIT A
Route
No.

Length
Miles
Description of Routing Program Code
218 1.1 PM R 0.00 to L0.92
Canyon Del Rey Blvd from State Route 1 to
Fremont Blvd.

CLEANCADMA
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EXHIBIT B

BREAKDOWN & LISTING OF MAINTENANCE TASKS
Rte
No.

Post
Miles
Litter
per
Bag
(CY)
Large
Items
Graffiti Traffic
Control
Other
(CY)
Maximum Authorized
Expenditures
218 R 0.00
to
L 0.92
X X X X X Actual Cost
TOTAL MAXIMUM AUTHORIZED EXPENDITURES: $60,000
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EXHIBIT C
LETTER CERTIFYING CITY’S SELF-INSURED STATUS (TEMPLATE) On Local Agency letterhead
Caltrans – District 5 ________________, 20___
ATTN: Michael Britton
Re: Statement of Self-Insurance for CITY of Seaside for Clean California Maintenance Agreement No. CCMA 05-22-MB11 with California Department of Transportation for the Litter and Debris Removal along SR 218 within the Seaside City Limits
Dear Michael:

This letter certifies that the CITY of Seaside is self-insured and self-funded covering third-party claims arising out of its general operations (i.e.; commercial general liability and automobile liability insurance). Further, the CITY is selfinsured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.

Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY.

The CITY certifies its self-insured, general liability coverage for bodily injury and property damage liability, meets the required coverage amounts in section 21 (Insurance) of the Clean California Maintenance Agreement, specifically general liability insurance, coverage of bodily injury and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess.

If you need any additional information regarding this letter, please direct those inquiries through my office.

Sincerely,
Finance Manager/Risk Manager/Authorized Representative’s Title Packet Page 211
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING A CLEAN CALIFORNIA MAINTENANCE AGREEMENT WITH

THE STATE OF CALIFORNIA FOR STREET SWEEPING AND GRAFFITI

REMOVAL SERVICES
WHEREAS, the City of Seaside currently has a maintenance service agreement with the State of California to maintain Canyon Del Rey Boulevard within the city limits for street sweeping and landscaping; and WHEREAS, with existing agreement, the City of Seaside has maintained a successful partnership with the State of California for 30 plus years, but the agreement limits the billing to $5500.00 per year; and
WHEREAS, State of California seeks to have an additional maintenance service agreement, Clean California Maintenance Agreement, with the City of Seaside to provide street sweeping and graffiti removal along Canyon del Rey Boulevard from Fremont Boulevard to Highway 1; and
WHEREAS, under the new maintenance service agreement, the City of Seaside would provide street sweeping services on a weekly basis tracking the amount of litter removed by the street sweeping service to report to the State of California as well provide required documentation for the City’s Storm Water Management Program; and
WHEREAS, graffiti removal services will be provided on an as needed basis; and
WHEREAS, homeless encampment and hazardous material clean-up are not included services in the Clean California Maintenance Agreement; and WHEREAS, the City of Seaside will be reimbursed up to $60,000.00 per year for the services provided under the Included section of the Clean California Maintenance Agreement; and
WHEREAS, reimbursement under the Clean California Maintenance Agreement is in addition to the reimbursement under the existing maintenance service agreement.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute a Clean California Maintenance Agreement with the State of California as shown on “Attachment 1”.

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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, duly held on the 1st day of September, 2022, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.L.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dominique Davis, City Clerk
DATE: September 1, 2022
SUBJECT: PROCLAMATION DESIGNATING SEPTEMBER 2022 AS

NATIONAL RECOVERY MONTH

RECOMMENDATION
Proclaim September as National Recovery Month in the City of Seaside.

BACKGROUND
National Recovery Month (Recovery Month) is a national observance held every September to promote and support new evidence-based treatment and recovery practices, the emergence of a strong and proud recovery community, and the dedication of service providers and community members across the nation who make recovery in all its forms possible.

Recovery Month celebrates the gains made by those in recovery from substance use and mental health, just as we celebrate improvements made by those who are managing other health conditions such as hypertension, diabetes, asthma, and heart disease.

Each September, Recovery Month works to promote and support new evidence-based treatment and recovery practices, the emergence of a strong and proud recovery community, and the dedication of service providers and community members across the nation who make recovery in all its forms possible.

FISCAL IMPACT
None
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Item No. 8.L. Page 2 of 2

ATTACHMENTS

1. National Recovery Month September 2022
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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CITY OF SEASIDE

PROCLAMATION

SEPTEMBER IS NATIONAL RECOVERY MONTH
WHEREAS, September is observed across the nation as National Recovery Month.

WHEREAS, the impact of mental and substance use disorders and co-occurring disorders is apparent in our local community, and a great number of Seaside residents are affected by these conditions. About 2 million Californians met the criteria for substance use disorder.

WHEREAS, mental and substance use disorders, including co-occurring disorders affect all communities nationwide, but with commitment and support, people with these disorders can achieve healthy lifestyles and lead rewarding lives in recovery. By seeking help, people who experience mental, substance use disorders and co-occurring disorders can embark on a new path toward improved health and overall wellness. Sun Street Centers provides the community with the resources to begin and continue their recovery.

WHEREAS, through Recovery Month, people become more aware and able to recognize the signs of mental and substance use disorders and co-occurring disorders and encourages people in need of treatment and recovery services to seek help. Managing the effects of these conditions helps individuals achieve healthy lifestyles, both physically and emotionally.

WHEREAS, the Recovery Month observance continues to work to improve the lives of those affected by mental and substance use disorders and co-occurring disorders by raising awareness of these disorders and educating communities about the effective treatment, and recovery services that are available. Sun Street Centers also educates youth to prevent substance use disorders from happening. For the above reasons, Sun Street Centers asks the citizens of Seaside to join in celebrating this September as National Recovery Month.

THEREFORE, BE IT PROCLAIMED, that I, The Honorable Ian N. Oglesby, Mayor of the City of Seaside, on behalf of the City Council, do hereby proclaim, and the filing of this proclamation in the Office of the City Clerk and that widespread publicity and notice be given of this proclamation the month of September 2022 as National Recovery Month. In doing so, call upon our community to observe this month with compelling programs and events that support this year’s observance.
_________________________
Ian N. Oglesby, Mayor
September 1, 2022
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.M.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: September 1, 2022
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CLOSURE OF

PORTIONS OF CANYON DEL REY BOULEVARD, HARCOURT

AVENUE, ALLSTON STREET, AND HILLSDALE AVENUE ON
SEPTEMBER 18, 2022, FOR THE CITY OF SEASIDE'S "OAXACA
BY THE SEA" EVENT

RECOMMENDATION
Adopt a resolution authorizing the closure of portions of Canyon Del Rey Boulevard, Harcourt Avenue, Allston Street, and Hillsdale Avenue for the City of Seaside's community event on September 18, 2022.

BACKGROUND
The City of Seaside will be holding the 2nd annual Oaxaca by the Sea Event on Sunday, September 18, 2022, at Laguna Grande Park. This event will need to utilize Canyon Del Rey for the activities, and the overall safety of the event. The closure of Canyon Del Rey will greatly enhance the event and will allow for greater safety for participants and staff.

This year's event will feature the signing of the Sister City agreement with the delegation from Oaxaca de Juarez, Mexico. There will also be a display of traditional dance and music from performers that will be visiting Seaside from Oaxaca. In addition, local food and craft vendors that specialize in Oaxacan cuisine will be featured as well as other activities for families and children.

FISCAL IMPACT
The estimated fiscal impact of closing the road is $700.00 for public works staff time.

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Item No. 8.M. Page 2 of 2

ATTACHMENTS

1. Resolution
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING THE CLOSURE OF PORTIONS OF HIGHWAY 218 (CANYON DEL

REY), HARCOURT AVENUE, ALLSTON STREET, AND HILLSDALE AVENUE TO THROUGH TRAFFIC ON SEPTEMBER 18, 2022
WHEREAS, the City of Seaside sponsors the Community Event “Oaxaca by the Sea” on September 18, 2022, at Laguna Grande Park that is open to the public; and WHEREAS, it is necessary to close Highway 218 (Canyon Del Rey), Harcourt Avenue, Hillsdale Street, and Allston Street to through traffic between the hours of 8:00 a.m. and 7:00 p.m. on September 18, 2022, to insure the safety of the public and staff; and
WHEREAS, the California Department of Transportation requires a City Council resolution approving closure of state highways and city roadways.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby approves the closure of Highway 218 (Canyon Del Rey) from Hilby Avenue to Sonoma Avenue; Harcourt Avenue from Canyon Del Rey to Hillsdale Street; Allston Street and Hillsdale Street at Harcourt Avenue, between the hours of 8:00 a.m. and 7:00 p.m. on September 18, 2022, to ensure the safety of the public using this portion of roadway during this event.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 1st day of September 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
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.N.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Sheri Damon, City Attorney
DATE: September 1, 2022
SUBJECT: ADOPT A RESOLUTION AUTHORIZING AN EXTENSION OF THE 14 ACRE FEET PER YEAR ALLOCATION OF WATER FOR THE

RESIDENTIAL REUSE OF THE MEDICAL OFFICERS BARRACKS
LOCATED AT 4386-4387 PARKER FLATS CUTOFF ROAD

RECOMMENDATION
Adopt a resolution authorizing an extension of the 14 Acre Feet per Year (AFY) water allocation for the residential reuse of the Medical Officers Barracks located at 4386-4387 Parker Flats Cutoff Road.

BACKGROUND
On November 19, 2020, the City Council allocated 14 Acre Feet per Year (AFY) of water for the Parker Flats apartment by adopting Resolution 20-95. On or about September 16, 2021, the City Council extended the water allocation for another year by adopting Resolution 2021-88. During the past year, Glover Enterprises submitted their application for design review. The environmental review for that application was not completed until April 2022. On or about May 11, 2022, the Board of Architectural Review considered the environmental document and approved the design. A Notice of Determination was filed shortly thereafter and that decision was not challenged. The next critical step was annexation of the project location to the Marina Coast Water District (MCWD) service boundaries. On August 22, 2022, the Monterey County Local Agency Formation Commission (LAFCO) heard the MCWD request to annex the property into the district and approved the request. There are additional steps that LAFCO and the MCWD must take to finalize the annexation, including filing of appropriate maps, which may take several months. On August 23, 2022, Glover Enterprises requested another one year extension of the water allocation in order to protect the progress made in moving the residential reuse of the Medical Officers Barracks forward.

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Item No. 8.N. Page 2 of 2
At this time, staff recommends extending the construction time period an additional year in order to provide continued certainty regarding the reuse of the property.

FISCAL IMPACT
Neutral to positive when project is completed.

ATTACHMENTS

1. Glover Request Water Allocation Extension

2. Resolution

3. Resolution 21-88 Extending 14 Acre Feet Per Year Allocation of Water

4. Resolution 20-95 Allocating water to develop the residential uses on Medical Officers Barrack Property
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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August 23,2022
Glover Enterprises
P. 0 . Box 957
Seaside, Ca. 93955
831-394-4885 / 831-596-7 454
Mr". Jaime M. Fontes City manager
City of Seaside
440 Harcourt Avenue
Seaside, CA. 93955
Dear Mr. Fontes:

On November 19, 2020, the City Council approved and adopted Resolution No. 2020-95, allocating 14 acre feet of water per year for the residential reuse of the Medical Officers Barracks located at 4386 - 4387 Parker Flats Cutoff Road.

On August 24, 2021, Glover Enterprises requested a one-year extension due to the one year delay of the Department of Industrial Relations making a prevailing wage determination. We received their determination on December 30, 2021 . On September 16, 2021 , the City Council adopted Resolution No. 2021-88 granting an extension of the one-year construction start period in order to allow the developer additional time to proceed with the reuse of the property.

As noted in the November 2020 resolution Glover Enterprises has met all requirements of the Purchase & Sales Agreement. This letter serves as our formal request for City Council consideration of an additional one year extension of the water allocation. The extension request is due to the fact that several key items have only recently been approved; i.e., the 2nd final CEQA document was completed April 2022, the Board of Architectural Review Board approved the project on May 11 , 2022, and the LAFCO annexation was approved on August 22, 2022. With the approval of the annexation an Infrastructure Agreement can now be negotiated with Marina Coast Water District as the next step.

As you can see many critical steps have been taken and accomplished in the past year. We trust you will favorably consider the extension since the delay is not due to any lack of progress or compliance issues by Glover Enterprises.

Thank you for your consideration and we are happy to answer any questions.

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RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE EXTENDING 14 ACRE FEET (AFY) ALLOCATION OF WATER FOR THE

RESIDENTIAL REUSE OF THE MEDICAL OFFICERS BARRACKS LOCATED AT 4386-4387 PARKER FLATS CUTOFF ROAD
WHEREAS, on or about September 17, 2020, the City Council approved a Purchase & Sale Agreement with AP Glover Enterprises LLC for the residential reuse of the property located at 4386-4387 Parker Flats Cutoff Road containing two existing residential buildings, also known as the Medical Officer Barracks, on 4.98 acre parcel; and
WHEREAS, on November 19, 2020, the City Council approved and adopted Resolution No. 20-95, the allocation of 14 acre feet of water per year for the residential reuse of the Medical Officer Barracks located at 4386-4387 Parker Flats Cutoff Road; and
WHEREAS, Resolution 20-95 provided the water allocation is subject to recall should the project not proceed within a one-year period; and WHEREAS, on or about September 17, 2021, the City Council approved and adopted Resolution No. 2021-88 which extended the allocation for an additional one year period; and
WHEREAS, AP Glover Enterprises, LLC, submitted an application, which underwent additional environmental review which was completed in April 2022, and was heard by the Board of Architectural Review on or about May 11, 2022; and WHEREAS, the Monterey County Local Agency Formation Commission (LAFCO) considered the request of Marina Coast Water District to include the Parker Flats Apartments/Medical Officer Barracks property within its service area on August 22, 2022; and
WHEREAS, the full annexation of the Medical Officer Barracks will not be fully completed until the maps are filed with the appropriate governmental entities which will take several months; and
WHEREAS, on or about August 23, 2022, AP Glover Enterprises LLC requested that the City extend the water allocation for a one year period in order to provide more certainty for the residential reuse of the property; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby grants an extension of the one-year construction start period in order to Packet Page 223
provide more certainty for the residential reuse of the property known as the Medical Officers Barrack property located at 4386-4387 Parker Flats Cutoff Road. The City Council may recall any or all of the allocation that is not utilized for the proposed residential reuse should the project not begin within a year from the date of this allocation and may recall any or all of the allocation for which there is a “water savings” or replacement of reclaimed water for potable supply and to re-allocate to other appropriate projects within the City of Seaside.

PASSED AND ADOPTED by meeting of City of Seaside duly held on the 1st day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
____________________
Ian N. Oglesby, Mayor
ATTEST:
________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
_________________________
Sheri L. Damon, City Attorney
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Packet Page 225
Packet Page 226
RESOLUTION NO. 20-95

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE ALLOCATING 14 ACRE FEET OF WATER PER YEAR FOR THE RESIDENTIAL REUSE OF THE MEDICAL OFFICER BARRACKS LOCATED AT 4386-4387

PARKER FLATS CUTOFF ROAD
WHEREAS, the City of Seaside has entered into a Purchase and Sale Agreement with AP Glover Enterprises LLC to purchase the property containing two existing residential buildings, also known as the Medical Officer Barracks, on a 4. 98 acre parcel located at 4386-4387 Parker Flats Cutoff Road, and is prepared to move forward'to close on the property upon receipt of water allocation for the residential reuse of the property; and
WHEREAS, AP Glover Enterprises LLC is proposing to reuse the existing buildings for residential uses; and
WHEREAS, the water utility district, Marina Coast Water District (MCWD), has reviewed and confirmed the Developer's preparation of anticipated water demand for the proposed Project; and
WHEREAS, the water demand prepared for the proposed residential reuse of the project has been reviewed by MCWD and MCWD has recommended allocating an amount of 14 acre feet per year for this project; and
WHEREAS, it is the intent of the City to ensure that projects that are in construction or about to be in construction have sufficient water supply on the one hand, while on the other hand requiring the most efficient use of water. It is the intent of the City that landscaping be watered with reclaimed or recycled water when that water is available. The allocations made herein are subject to partial reallocation and recall if the project does not proceed within a one year period and if the final water usage is less than the allocated amount; and
WHEREAS, the City has existing Fort Ord water allocation which is currently not being utilized by a current and pending projects. In addition, the City has approved a series of long term water supply projects to augment the water in the Fort Ord areas, including an In Lieu Water Storage project and other projects utilizing reclaimed or other water savings measures in order to meet the projected water demand for projects located on the former Fort Ord Lands; and
WHEREAS, MCWD currently has sufficient water supply to meet the projected water demands associated with the proposed project and will be entering into a water Packet Page 227
infrastructure and service agreement with the Developer requiring both the construction of new infrastructure and the payment of water and sewer service fees; and .

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby allocates up to 14 acre feet of water to develop the residential uses located on the" property known as the Medical Officers Barrack property located at 4386-4387 Parker Flats Cutoff Road. The project shall be required to use when available reclaimed or recycled water for the landscaping components of the project.

The City Council may recall any or all of the allocation that is not utilized for the proposed residential reuse should the project not begin within a year from the date of this allocation and may recall any or all of the allocation for which there is a "water savings" or replacement of reclaimed water for potable supply and to re-allocate to other appropriate projects within the City of Seaside.

PASSED AND ADOPTED at a special meeting of the City Council of the City of Seaside, State of California, on the 19 day of November, 2020, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
5 COUNCIL MEMBERS: Campbell, Kispersky, Oglesby, Pacheco, Wizard 0 COUNCIL MEMBERS: None
0 COUNCIL MEMBERS: None
0 COUNCIL MEMBERS: None

APPROVE
Lesley Milton, fcity Clerk
lan N. Oglesby, M^fyor
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dominique Davis, City Clerk
DATE: September 1, 2022
SUBJECT: AN ORDINANCE AMENDING SEASIDE MUNICIPAL CODE
CHAPTER 2.42 CONFLICT OF INTEREST CODE SECTION

2.42.130 APPENDIX - DESIGNATED EMPLOYEES (SECOND

READING - ROLL CALL VOTE)

RECOMMENDATION
Second reading of an ordinance amending SMC Chapter 2.42 Conflict of Interest Code Section 2.42.130 Appendix - Designated Employees.

BACKGROUND
The proposed draft ordinance seeks to update the Conflict of Interest Code in compliance with the Political Reform Act by updating the list of designated employees that file statements at times and under circumstances described in Government Code Section 87200.

The Council heard and considered this item for the first reading at its August 18, 2022, Council meeting. A unanimous vote approved the proposed amendments and called for a second reading of the ordinance.

CONFLICT OF INTEREST CODE
The Political Reform Act, Government Code Section 81000, et. seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission (FPPC) has adopted a regulation, 2. California Code of Regulations Section 18730, which contains the terms of conflict of interest code. It can be incorporated by reference, and may be amended by the FPPC after public notice and hearings to conform to amendments in the Political Reform Act. In 2018, the City Council adopted modifications to the Conflict of Interest Code language and they Packet Page 229

Item No. 9.A. Page 2 of 2
remain up to date.

The Secretary of State requires that the government agencies periodically review and approve the code confirming compliance. The current code language is in compliance with the exception of the need to modify the designated City officials and employees that are subject to this code. Organizational and staffing changes have occurred since the last update. The draft ordinance attached, includes the recommended modifications to the list of City officials and employees in order to comply with the disclosure categories set forth under the conflict of interest code. The draft ordinance also incorporates a provision should future changes to the Appendix occur from time to time, that it will be conducted by the City Council by resolution duly adopted.

Designated employees shall file their statements upon taking office, annually and when leaving office with the City Clerk. Statements are available for public inspection and reproduction in accordance with Government Code Section 81008. Statements for all designated employees will be retained by the City according to the adopted record retention schedule.

FISCAL IMPACT
None.

ATTACHMENTS

1. Draft Ordinance Amendments - Conflict of Interest Code Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEASIDE

PROVIDING A TEXT AMENDMENT TO SEASIDE MUNICIPAL CODE
CHAPTER 2.42 CONFLICT OF INTEREST CODE SECTIONS 2.42.030 and

2.42.130 APPENDIX – DESIGNATED EMPLOYEES
WHEREAS, the City of Seaside has a conflict of interest code that affects designated employees which was last revised in 2018; and WHEREAS, Chapter 2.42.030, as currently drafted requires an ordinance amendment each time the designated employee list changes; and WHEREAS, since 2018 there have been changes in the commissions, names and positions which shall be designated given their role in working with the City; and
WHEREAS, the City acknowledges the need to update the list of designated employees and provide for a more streamlined approach by allowing changes to the Appendix with Designated Persons by resolution.

THE CITY COUNCIL OF THE CITY OF SEASIDE DOES ORDAIN AS
FOLLOWS:

SECTION 1. GENERAL PURPOSE AND FINDINGS.

The purpose of this Ordinance is to consider the following text amendments to the Seaside Municipal Code:

Text amendment to the Seaside Municipal Code Chapter 2.42, Section

2.42.030 and to update Section 2.42.130 Appendix with the current designated employees.

SECTION 2. ENVIRONMENTAL COMPLIANCE
The proposed changes to the Ordinance will not result in direct or indirect changes to the environment and do not meet the definition of project under CEQA. (14 CCR 15378(b))
SECTION 3. TEXT AMENDMENT
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This ordinance revises section 2.42.030 and Section 2.42.130. Additions are shown in underline and deletions in strikeout as follows:

2.42.030 Designated employeesPersons.

The City may adopt or update by Resolution or Ordinance an Appendix which contains a list of Designated Persons required to comply with filing of conflict of interest forms, including but not limited to employees, and any such ordinance or resolution shall be incorporated as an appendix to this Chapter 2.42 and reflected in section 2.42.130. The persons holding positions listed in the appendix set forth in SMC 2.42.130 are designated employeespersons. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests, as listed in SMC 2.42.130

2.42.130 Appendix – Designated Personsemployees.

This appendix may be updated from time to time by Ordinance or Resolution of the City Council.

I. City Officials.*
a. Mayor and city council;
b. Successor agency to the redevelopment agency;
c. Parking authority;
d. Art and history commission;
e. Board of architectural review;
e.f. Oversight board to the successor agency of the redevelopment agency; fg. Community development advisory committee;
gh. Neighborhood improvement program commission;
hi. Recreation and parks commission;
ij. Planning commission;
jk. Traffic advisory committee.
k. Commission on Jobs, Opportunities and Businesses in Seaside II. Category 1 – Designated Employees.Persons.
a. City manager;
b. City attorney;
c. Deputy city manager, administrative services;
d. Fire chief;
e. Deputy fire chief;
f. Fire division chief;
e. g. Police chief;
f. h. Deputy police chief;
i. Police commander;
g. j. City clerk;
Packet Page 232
h. k. Public Works Director/City engineer;
l. Finance director;
i. m. Assistant finance director;
j. n. Financial analyst;
o. Accountant I/II;
k. p. Human resources director/risk manager;
q. Human resources analyst;
r. Housing programs manager;
l. s. Administrative analyst I/II;
m. t. Economic development and community planning program manager; u. Senior civil engineer;
n. v. Chief Building official;
o. w. Senior planner;
p. x. Associate planner;
q. y. Code enforcement officer compliance officer;
r. z. Vehicle abatement officer;
s. aa. Recreation director;
t.bb. Recreation superintendent;
u.cc. Maintenance and utilities superintendent;
v. dd. Information services manager.

III. Consultants.

Consultants are defined for reporting purposes who prepare a product or perform services of a general nature and/or on an ongoing basis and participate by direct advice to the decision-makers. Generally, consultants who prepare a product or perform services for single specific matters are not the type of consultants required to be covered by a code, whereas consultants who provide more general assistance and advice to a government agency on an ongoing basis should be covered.

Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:

The city manager may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements in this section.

Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements.

The city manager’s determination is public record and shall be retained for public inspection in this same manner and location as this conflict of interest code. (Ord.

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1049 § 2, 2018; Ord. 1034 § 3, 2017; Ord. 1018 § 2, 2014; Ord. 956 § 3 (Appx. A), 2006; Ord. 888 § 4 (Appx. A), 2000; Ord. 736 § 1, 1988; Ord. 583 (Exh. A), 1981) * These officials are listed for disqualification purposes only. They are required to file disclosure statements pursuant to Article 2 of the Political Reform Act. 1 Designated employees who are required to file statements of economic interests under any other agency’s conflict of interest code, or under Article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements; provided, that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code Section 81004. 2 See Government Code Section 81010 and 2 California Administrative Code Section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer.
3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than one thousand dollars are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual’s spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of ten percent or greater.

SECTION 4. FINDING
The City Council hereby finds that the persons added to the Appendix make or participate in the making of decisions which may foreseeably have a material effect on financial interests
SECTION 5. SEVERABILITY.

A. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable.

B. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be held unconstitutional, invalid or unenforceable.

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SECTION 65. EFFECTIVE DATE
This Ordinance shall become effective thirty (30) days after its final passage and adoption at a duly noticed public hearing for the second reading of the proposed text revisions.

INTRODUCED AND PASSED TO PRINT at a regular meeting of the City Council of the City of Seaside, State of California, on the 18th day of August 2022.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, on the ____ day of _______, 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
APPROVED AS TO FORM:
_____________________________
Sheri L. Damon, City Attorney
Packet Page 235

CITY OF SEASIDE

STAFF REPORT
Item No.: 10.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Ashley Collick, Assistant City Manager
DATE: September 1, 2022
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE SISTER CITY

AGREEMENT BETWEEN THE MUNICIPALITY OF OAXACA DE
JUÁREZ AND THE CITY OF SEASIDE

RECOMMENDATION
Approve Sister City agreement between the municipality of Oaxaca de Juárez and the City of Seaside.

BACKGROUND
On July 1, 2021, the Council adopted a plan that sets forth how the sister city program will operate, and approved Seaside to become a participating member of Sister Cities International and authorized the City Manager or designee to begin dialogue with Oaxaca De Juarez, Oaxaca, Mexico regarding the prospect of becoming Sister Cities.

Approximately 43% of Seaside residents are of Mexican heritage and it is estimated that approximately half of those residents have migrated from Oaxaca, Mexico. Seaside also held it's first annual Oaxaca by the Sea event in 2021, which pays homage to the annual Guelaguetza festivities that happen in Oaxaca de Juarez annually.

On April 1, 2022, Mayor Oglesby sent an invitation to collaborate with Oaxaca de Juarez. Mayor C.P Francisco Neri accepted the request to become Sister Cities and a Seaside delegation attended Guelaguetza festivities in Oaxaca de Juarez from July 22- 26, 2022, signing a memorandum of intent to become Sister Cities. An invitation to the Oaxaca delegation was extended to attend the Oaxaca by the Sea event on September 18, 2022, where the official agreement will be signed making Seaside and Oaxaca Sister Cities.

Establishing a Sister City agreement will provide opportunities for people in both cities Packet Page 236

Item No. 10.A. Page 2 of 2
to learn and experience other cultures through long-term relationships:
 Creating an atmosphere in which economic development and trade can be explored, implemented and strengthened
 Opening a dialogue and addressing issues ranging from the cultural to the technical, from the municipal to the medical, from the environmental to the educational and beyond; and
 Stimulating environments through which partnerships can creatively learn, work, and solve problems together
The agreement establishes the foundation for both cities to work towards common goals in the areas of education, art, institutional development and any other areas the cities agree to work on.

Once this agreement is approved, both cities will undertake exchange and cooperation on projects and common issues by respective departments, bringing those programs to the Council for approval.

FISCAL IMPACT
The Sister City Program budget is established by the Council every fiscal year.

ATTACHMENTS

1. Resolution

2. Sister City Agreement - Oaxaca
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. XX-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING THE SISTER CITY AGREEMENT BETWEEN THE
MUNICIPALITY OF OAXACA DE JUÁREZ OF THE FREE AND SOVEREIGN

STATE OF OAXACA OF THE UNITED MEXICAN STATES AND THE CITY OF

SEASIDE OF THE STATE OF CALIFORNIA OF THE UNITED STATES OF

AMERICA
WHEREAS, On July 1, 2021, the Council adopted a plan that sets forth how the sister city program will operate, and approved Seaside to become a participating member of Sister Cities International; and WHEREAS, approximately 43% of Seaside residents are of Mexican heritage and estimated that approximately half of those residents have migrated from Oaxaca, Mexico; and
WHEREAS, the City of Seaside authorized the City Manager or designee to begin dialogue with Oaxaca De Juarez, Oaxaca, Mexico regarding the prospect of becoming Sister Cities; and
WHEREAS, entering into a Sister City agreement with Oaxaca, Mexico will formalize and strengthen the relationship between our two cities; and WHEREAS, on April 1, 2022, Mayor Oglesby sent an invitation to collaborate with Oaxaca de Juarez. Mayor Neri accepted the request to become Sister Cities; and
WHEREAS, a Seaside Delegation attended the Guelaguetza festivities in Oaxaca de Juarez from July 22 - 26, 2022, signing the Memorandum of Intent to Partner; and
WHEREAS, a delegation from Oaxaca de Juarez has been invited and accepted an invitation to attend Oaxaca by the Sea event scheduled for September 18, 2022, where we will have an official signing of the Sister City Agreement; and
WHEREAS, establishing a Sister City agreement will provide opportunities for people in both cities to learn and experience other cultures through long-term relationships:

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 Creating an atmosphere in which economic development and trade can be explored, implemented and strengthened
 Opening a dialogue and addressing issues ranging from the cultural to the technical, from the municipal to the medical, from the environmental to the educational and beyond; and
 Stimulating environments through which partnerships can creatively learn, work, and solve problems together; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside do hereby authorize the City of Seaside Mayor to sign the final agreement and direct the City Manager to accept and execute on behalf of the City Council, the Sister City agreement with Oaxaca de Juarez, Oaxaca Mexico.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 1st day of September 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

___________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique Davis, City Clerk
AS TO FORM:
__________________________
Sheri Damon, City Attorney
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SISTER CITY AGREEMENT BETWEEN THE MUNICIPALITY OF OAXACA DE JUÁREZ OF THE FREE AND SOVEREIGN STATE OF OAXACA OF THE UNITED

MEXICAN STATES AND THE CITY OF SEASIDE OF THE STATE OF CALIFORNIA

OF THE UNITED STATES OF AMERICA
WHEREAS, considering our interest to strengthen the friendship and cooperative ties that join both Cities.

WHEREAS, both cities agree that establishing a Sister City agreement will provide opportunities for people in both cities to learn and experience other cultures through long-term relationships:
 Creating an atmosphere in which economic development and trade can be explored, implemented and strengthened
 Opening a dialogue and addressing issues ranging from the cultural to the technical, from the municipal to the medical, from the environmental to the educational and beyond; and  Stimulating environments through which partnerships can creatively learn, work, and solve problems together; and
WHEREAS, the resolutions establishing the sister cities were approved by the respective municipalities, Oaxaca De Juárez on _____, and the City of Seaside on September 1, 2022; and WHEREAS, both cities will undertake exchange and cooperation on projects and common issues by respective departments; and
Now therefore, Seaside and Oaxaca De Juarez do hereby proclaim themselves to be Sister Cities and declare their intent in this relationship to abide by their respective Sister City policies.

The document goes into effect on September 18, 2022, and is written in both English and Spanish. Both text have equal power.
_________________________ _______________________
Mayor C.P Francisco Neri Mayor Ian N. Oglesby
Municipality of Oaxaca De Juarez City of Seaside
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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.B.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Victor Damiani, Finance Director
DATE: September 1, 2022
SUBJECT: DISCUSS AND PROVIDE DIRECTION TO STAFF REGARDING

THE CITY'S PENSION LIABILITY AND STRATEGIES FOR

MITIGATING INCREASING COSTS

RECOMMENDATION
Direct Staff to:
 Continue to prepay the annual UAL amount each July.
 In collaboration with NHA Advisors, vet and select a 115 Trust provider to be recommended to the Council at a subsequent meeting.
 Implement a Pension Reserve policy to include an initial $3 million investment into a 115 Trust followed by four $500 thousand annual contributions to the trust. Thereafter, 20% of any realized year end surplus is contributed to the trust. A draft of the proposed policy would come forward to the City Council concurrent with the recommendation regarding a 115 Trust provider.  Monitor interest rates on an ongoing basis and bring forward pension obligation bonds for Council consideration when rates are favorable.

Alternate action:

Direct staff to pursue any other combination of strategies related to mitigating the City's increasing pension costs.

BACKGROUND
Pension Liability:

The City of Seaside, like most cities in California, has an unfunded accrued liability (UAL) associated with it's CalPERS pension plan. An unfunded accrued liability occurs when the current plan assets are not projected to be sufficient to pay total pension Packet Page 241

Item No. 10.B. Page 2 of 3
costs in future years. As of June 30, 2020, (the most recent valuation), the City's liability was projected at $54.4 million. CalPERS, however, has reported an investment return of -6.1% for fiscal year 2021-22, which will likely increase the City's UAL to approximately $60.6 million.

Historical Efforts:

The City has taken some proactive steps in an effort to control costs. In 2007, the City issued Pension Obligation Bonds (POB), which reduced the interest rate on the UAL (as it existed in 2007) from the CalPERS discount rate of 7.75% to the bond interest rate of

5.69%. These bonds will mature on June 1, 2025. Additionally, the City has historically taken advantage of the prepayment discount offered by CalPERS by making a lump sum payment at the beginning of each fiscal year. The prepayment discount is 3.3%. With pension costs increasing dramatically, however, staff believe more action is prudent.

Presentation:

Detailed background, analysis of the City's pension liability, and strategies for mitigating costs will be presented tonight by the City's Municipal Advisors,NHA Advisors.

Staff requests directions in the following areas:

1. Shall staff pursue one or more of the following cost mitigating strategies?  Continue to prepay the annual UAL amount each July.
 Negotiate cost sharing with employees.
 Request fresh start amortization from CalPERS.
 In collaboration with NHA Advisors, vet and select a 115 Trust provider to be recommended to the Council at a subsequent meeting.
 Make one or more "Additional Discretionary Payments" (ADPs) directly to CalPERS.
 Proceed with issuance of bonds to restructure all or a portion of the remaining UAL.

2. Shall staff craft a pension funding policy?
 Provide a policy framework for staff to follow with draft language to be brought forward for Council approval at a subsequent meeting.

FISCAL IMPACT
The City's pension liability is estimated at $60.6 million through the year 2046.

Direction provided to staff tonight is likely to decrease the City's liability by an unknown amount dependent on the action taken.

Packet Page 242

Item No. 10.B. Page 3 of 3

ATTACHMENTS
None
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 243

CITY OF SEASIDE

STAFF REPORT
Item No.: 10.C.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: September 1, 2022
SUBJECT: ADOPT A RESOLUTION APPROVING THE CUTINO PARK
IMPROVEMENTS PART 2 CONCEPT PLAN AND REALLOCATING
$250,000.00 FROM THE PUMP TRACK PROJECT TO THE

CUTINO PARK PROJECT

RECOMMENDATION
Receive a presentation on the concept plan and cost estimates for Cutino Park Improvements Part 2 Project, and adopt a resolution approving the concept plan and reallocating $250,000.00 from the Pump Track Project to the Cutino Park Project.

BACKGROUND
Staff provided a presentation to the City Council for approval of a design contract with Whitson Engineers to perform the design of Cutino Park Improvements Part 2 Project (Part 2 Plan) on May 19, 2022. The Whitson Engineers contract was to design a playground, parking lot, lighting, bleachers, pickle ball court, picnic area, pathways, landscaping, and stormwater facilities at Cutino Park. City Council had the following requested staff the following, at the meeting:

1.) Determine if pickleball courts could fit between the sports field and the Boys and Girls Club;

2.) Add accessible play equipment added to the playground design;

3.) Determine if a fitness path can be constructed around the sports field; and

3.) Determine if fitness equipment could be spread along the fitness path to create a fitness course throughout the length of the fitness path.

Council requested staff to return to a future Council Meeting with responses to their requests and cost estimates for their requested changes and additions. The responses are the following:

Packet Page 244

Item No. 10.C. Page 2 of 3

1.) The pickleball courts cannot fit between the Boys and Girls Club and the sports field because this would not allow adequate room for the fitness path;

2.) Accessible play equipment has been added to the FY 2022-23 park improvement concept;

3.) A fitness path can be added around the sports field, but a retaining wall must be constructed; and

4.) Fitness equipment can be spread along the fitness path.

Whitson Engineers and BFS Landscape Architects consultant team investigated the feasibility of the requested features and designed the Part 2 Plan (Attachment 2). They realized during their development of the concepts and cost estimates that the cost of all the features, the ones originally planned and the Council requested features, exceeded the City project budget of $1.2 million. The phases outlined in the Plan were developed to address the approved Project budget.

Staff recommends continuing designing the entire Part 2 Plan, beginning construction of the first phase in the fiscal year 2022/23, and constructing the remaining phases in subsequent years. The first phase of the Part 2 Plan has a cost estimate (Attachment 3) of $1,431,141.00, which includes the parking lot, playground including inclusive play equipment, pathways, lighting, and stormwater treatment. The subsequent phases have a combined cost of $1,669,834.00, which includes construction and construction management of the pickleball courts, retaining walls, bleachers, fitness trail, and fitness equipment. The design for the entire buildout is necessary to address state and regional stormwater treatment permit requirements and to be shovel-ready for future grant opportunities for construction of the subsequent phases.

FUNDING OPTIONS
The FY 2022/23, project budget requires an additional $250,000.00 to complete construction of the first phase of the Part 2 Plan.

Funding options include appropriating $250,000.00 from the General Fund or reallocating available Pump Track Project funds in the amount of $250,000.00. The pump track capital project was allocated $250,000.00 for fiscal year 2022/23, and $300,000.00 for fiscal year 2023/24. Preliminary design has not yet begun.

Staff recommends reallocating $250,000.00 from the Pump Track Project to the Cutino Park Project.

FISCAL IMPACT
Cutino Park Improvements are funded by the Cutino Park Bond, account No. 348-8910- 9570. In addition, $250,000.00 of Community Development Block Grant (CDBG) funds is allocated to the project for fiscal year 2022/23, and another $250,000.00 for fiscal Packet Page 245

Item No. 10.C. Page 3 of 3
year 2023/24. To date, $700,000.00 of Cutino Park Bond funds are available, bringing the total project budget to $1.2 million.

Staff recommends the City Council adopt a resolution (Attachment 1) approving the Cutino Park Improvements Part 2 Project concept plan and reallocating $250,000.00 from the Pump Track Project (account No. 342-8910-9580) to the Cutino Park Project.

ATTACHMENTS

1. Resolution

2. Part 2 Concept Plan

3. Cost Estimate
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 246
RESOLUTION NO. 22-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING THE CONCEPT PLAN FOR CUTINO PARK IMPROVEMENTS PART 2 PROJECT AND REALLOCATING $250,000.00 FROM THE PUMP TRACK

PROJECT TO THE CUTINO PARK PROJECT
WHEREAS, City Council approved of a design contract with Whitson Engineers to perform design of Cutino Park Improvements Part 2 Project (Project) on May 19, 2022; and WHEREAS, Council requested staff to return with responses to their requests and cost estimates for their requested changes and additions; and WHEREAS, Whitson Engineers and BFS Landscape Architects consultant team investigated the feasibility of requested features and provided a phased concept plan and cost estimate; and
WHEREAS, the cost estimate for the features originally planned and the features requested by Council was over the City project budget of $1.2 million; and WHEREAS, the first phase can begin construction in fiscal year 2022/23 and complete the other two phases in subsequent years; and
WHEREAS, full buildout design will address stormwater requirements and allow for staff to pursue future grant opportunities for subsequent phases; and WHEREAS, the first phase includes the parking lot, playground, pathways, lighting and stormwater treatment and has a preliminary cost estimate of $1,431,141 requiring an additional $250,000.00 for construction; and
WHEREAS, there is $250,000.00 in the pump track project for fiscal year 2022/23 and $300,000.00 for fiscal year 2023/24; and
WHEREAS, the pump track has not yet begun preliminary design and can be deferred to fiscal year 2023/24.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside approves the concept plan for the Cutino Parks Improvements Part 2 Project; and BE IT FURTHER RESOLVED that the City Council of the City of Seaside reallocated $250,000.00 from the Pump Track Project (account No. 342-8910-9580) to the Cutino Park Improvements Part 2 Project (account No. 348-8910-9570) and authorizes the Finance Director to make the appropriate budget adjustments.

Packet Page 247
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 1st day of September, 2022 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________________
Ian Oglesby, Mayor
City of Seaside
ATTEST:
_____________________________
Dominique Davis, City Clerk
City of Seaside
Packet Page 248
CUTINO PARK - PART 2 CONCEPT PLAN

CITY OF SEASIDE
August 5, 2022
30 0 30 60

LA SALLE AVE

LOWELL ST

BOYS & GIRLS CLUBS OF

MONTEREY COUNTY LUXTON ST SAN PABLO AVE

NOCHE BUENA ST (E) BLDG (E) FIELDS
(E)

BASKETBALL

COURT (E) SKATE PARK SOUND BARRIER WALL
10' FITNESS TRAIL

FITNESS AREA

PICKLEBALL COURTS
120'X34'

PLAY AREA
66'X41'

ASPHALT

PARKING LOT
(14) SPACES
5-ROW ADA COMPATIBLE

ALUMINUM BLEACHERS
FOOD
CORNER
MARKET Packet Page 249
CUTINO PARK - PART 2 CONCEPT PLAN

CITY OF SEASIDE
August 5, 2022
30 0 30 60

LA SALLE AVE

LOWELL ST

BOYS & GIRLS CLUBS OF

MONTEREY COUNTY LUXTON ST SAN PABLO AVE

NOCHE BUENA ST (E) BLDG (E) FIELDS
(E) CONTAINER

GROUP PICNIC AREA
33'X20'

FAMILY PICNIC AREA
(E) BASKETBALL COURT
(E) SKATE PARK
10' AMBULANCE ACCESS/

MAINTENANCE PATH

ROLLED CURB BIKE RACK
SOLAR BOLLARD LIGHT, TYP.

SOLAR POLE LIGHT, TYP. BIORETENTION SWALE 16' VEGETATED BUFFER SOUND BARRIER WALL

ADA ACCESSIBLE RAMP

WITH HANDRAILS,

CONNECT TO (E) SIDEWALK

CONCRETE STAIRS WITH

HANDRAILS, CONNECT TO
(E) SIDEWALK

CONCRETE

RETAINING WALL CONCRETE

RETAINING WALL

FITNESS AREA, RESILIENT

SURFACE
BENCH, TYP. MAN GATE

ADA ACCESSIBLE WALKWAY,

CONCRETE
10' FITNESS TRAIL, STALOK

STABILIZED DG
(E) 8' +/- CHAINLINK FENCE
10' BLACK VINYL COATED

CHAINLINK FENCE PICKLEBALL COURTS
120'X34', ASPHALT WITH

SPORTS COATING

PLAY AREA, ENGINEERED
WOOD FIBER, 66'X41'

RELOCATED (E)
BOULDER, TYP.

ASPHALT PARKING LOT WITH

CONRETE CURB AND GUTTER,
(14) SPACES

SHORT CONCRETE

SEAT WALL

PICNIC TABLE,
TYP.

BENCH, TYP.

DRINKING

FOUNTAIN

CONCRETE

RETAINING WALL ADA ACCESSIBLE WALKWAY,

CONCRETE
6' FITNESS TRAIL, STALOK

STABILIZED DG
SHADE TREE, TYP.

PLANTING AREA WITH

LOW-WATER USE SHRUBS AND
GROUNDCOVER, TYP.
5-ROW ADA COMPATIBLE

ALUMINUM BLEACHERS
(E) TREE TO
PRESERVE, TYP.

BENCH, TYP. FOOD
CORNER
MARKET Packet Page 250
CUTINO PARK - PART 2 CONCEPT PLAN

CITY OF SEASIDE
August 5, 2022
30 0 30 60

LA SALLE AVE

LOWELL ST

BOYS & GIRLS CLUBS OF

MONTEREY COUNTY LUXTON ST SAN PABLO AVE

NOCHE BUENA ST (E) BLDG (E) FIELDS (E) SKATE PARK
FOOD
CORNER
MARKET
PHASE 2

PICKLEBALL COURTS,

PICNIC AREAS
PHASE 1

PARKING LOT,

PLAY AREA,

PATHWAYS
PHASE 3

FITNESS AREA,

FITNESS TRAIL,

BLEACHERS
Packet Page 251
CUTINO PARK - PART 2 CONCEPT PLAN

CITY OF SEASIDE
August 5, 2022

SITE FURNISHINGS
Packet Page 252
CUTINO PARK - PART 2 CONCEPT PLAN

CITY OF SEASIDE
August 5, 2022
MIRACLE PLAYSYSTEMS. DESIGNING PLAY
Creating Fun Play Environments to Enrich Communities 8/02/2022 20_0290_Cutino_003
*Colors shown in rendering are for illustrative purposes only. Actual color and pattern may vary slightly.

INCLUSIVE PLAYGROUND
Packet Page 253
CUTINO PARK - PART 2 CONCEPT PLAN

CITY OF SEASIDE
August 5, 2022

SEESAW VARIATIONS
Alt 1: Miracle Multi-Pondo
Landscape Structure: We-Saw
Alt 2: Miracle Vippy
Packet Page 254
CUTINO PARK - PART 2 CONCEPT PLAN

CITY OF SEASIDE
August 5, 2022

PLANTING AND TRAILS
Packet Page 255
CUTINO PARK - PART 2 CONCEPT PLAN

CITY OF SEASIDE
August 5, 2022

OUTDOOR FITNESS AND WELLNESS EQUIPMENT
Packet Page 256
Phase 1 Quantity Unit Cost Item Total Subtotal
TEMPORARY FACILITIES & CONTROLS $ 84,150
Construction Staking 1 LS 25,000.00 $ 25,000 $
Temporary Construction Fence, 6' High Chainlink 2610 LF 15.00 $ $ 39,150 Construction Signs 1 LS 5,000.00 $ $ 5,000
Traffic Control 1 LS 15,000.00 $ $ 15,000
DEMOLITION $ 150,000
Pavements 6500 SF 10.00 $ 65,000 $
Walls 300 LF 50.00 $ 15,000 $
Concrete Sculpture/Fountain 1 LS 5,000.00 $ 5,000 $
Play Equipment 1 LS 2,000.00 $ 2,000 $
BBQ 1 EA 2,000.00 $ 2,000 $
Salvage large rocks 1 LS 10,000.00 $ 10,000 $
Street light 1 EA 1,000.00 $ 1,000 $
Site Utilities (Allowance) 1 LS 20,000.00 $ 20,000 $
Miscellaneous (Allowance) 1 LS 30,000.00 $ 30,000 $
EROSION CONTROL $ 30,000
Temporary Water Pollution Control (SWPPP) 1 LS 30,000. $ 30,000 00 $ EARTHWORK AND GRADING $ 123,634
Earthwork (Allowance) 19689 SF 6.00 $ 118,134 $
Fine grading 11001 SF 0.50 $ 5,501 $
UTILITIES - STORM DRAIN $ 114,500
8" - 12" Drain Inlet 10 EA 800.00 $ 8,000 $
18" Drain Inlet w/ flow control (Bioretention Pond) 2 EA 3,000.00 $ 6,000 $ 4"-6" Storm Drain 300 LF 150.00 $ 45,000 $
SD connections 3 EA 1,000.00 $ 3,000 $
Bioretention Pond 700 SF 50.00 $ 35,000 $
Self-retaining planter area (allowance) 500 SF 5.00 $ 2,500 $ Boulders and cobbles Allowance (Bioretention) 1 LS $ 15,000.00 $ 15,000 UTILITIES - DOMESTIC WATER $ 20,000
Domestic water 1 LS 20,000.00 $ 20,000 $
PARKING LOT $ 103,607
HMA vehicular paving 5800 SF 6.00 $ 34,800 $
Vertical curb 300 LF 60.00 $ 18,000 $
Curb and gutter 70 LF 80.00 $ 5,600 $
Concrete curb ramp 500 SF 30.00 $ 15,000 $
Detectable warning surface 30 SF 50.00 $ 1,500 $
Tree, 24" box 4 EA 450.00 $ 1,800 $
Soil preparation and amendment 2648 SF 0.55 $ 1,456 $
Irrigation allowance 2648 SF 3.50 $ 9,268 $
Shrubs and Groundcovers 2648 SF 5.00 $ 13,240 $
Mulch - Tree Bark 3" thick 25 CY 120.00 $ 2,942 $
PLAY AREA $ 162,087
Engineered Wood Fiber (Play Area, 12" thick) 100 CY 12 $ 12,372 4.00 $ Play Area Ramp 1 EA 3,000.00 $ 3,000 $
Concrete Seat Wall, less than 4' 114 LF 250.00 $ 28,500 $ * Play Equipment Landscape Structure We-Saw 1 LS 22,822. $ 22,823 82 $ Play Equipment Miracle 1 LS 81,389.35 $ 81,389 $
Trash and recycling 2 EA 2,500.00 $ 5,000 $
Soil preparation and amendment 886 SF 0.55 $ 487 $
Irrigation allowance 886 SF 3.50 $ 3,101 $
Shrubs and Groundcovers 886 SF 5.00 $ 4,430 $
Mulch - Tree Bark 3" thick 8 CY 120.00 $ 984 $
PATHWAYS $ 162,946
Vehicular Concrete Paving over AB 1800 SF 18.00 $ 32,400 $ Pedestrian Concrete Paving over AB 2316 SF 16.00 $ 37,056 $ Concrete Pad, 4" (bike rack) 55 SF 16.00 $ 880 $
Concrete Retaining Wall, less than 4' 54 LF 250.00 $ 13,500 $ Benches 5 EA 1,250.00 $ 6,250 $
Bike rack 1 EA 1,000.00 $ 1,000 $
Trash and recycling 2 EA 2,500.00 $ 5,000 $
Tree, 24" box 5 EA 450.00 $ 2,250 $
Soil preparation and amendment 1802 SF 0.55 $ 991 $
Irrigation allowance 1802 SF 3.50 $ 6,307 $
Shrubs and Groundcovers 1802 SF 5.00 $ 9,010 $
Mulch - Tree Bark 3" thick 17 CY 120.00 $ 2,002 $
ESTIMATE OF PROBABLE CONSTRUCTION COSTS for CUTINO PARK DEVELOPMENT Project Name:Cutino Park Development
Issuance: Concept
Date: August 2022
BFS Project Number:22.038
Reference Drawing: 22038_XSite
Estimate By: JL
Checked By: BM
Civil items estimated by: NM (WE)
Cutino Park 8/23/2022 Page 1 of 3
Packet Page 257
Solar parking pole lights, including footing 2 EA 12,6 $ 25,300 50.00 $ Solar bollard lights, including footing 6 EA 3,500.00 $ 21,000 $ $ 950,924
$ 95,092
$ 76,074
$ 142,639
$ 95,092
$ 47,546
$ 23,773
$ 1,431,141
Phase 2
EARTHWORK AND GRADING $ 98,552
Earthwork (Allowance) 15862 SF 6.00 $ 95,172 $
Fine grading 6758 SF 0.50 $ 3,379 $
PICKLEBALL COURT $ 304,413
Asphalt over AB with sports coating and striping 4080 SF 18.00 $ 73,440 $ Pedestrian Concrete Paving over AB 90 SF 16.00 $ 1,440 $ Concrete Pad, 4" (drinking fountain) 25 SF 16.00 $ 400 $ 10' Tall vinyl coated chain-link fence 342 LF 200.00 $ 68,400 $ 10' Tall x 4' wide vinyl chain-link gate with ADA hardware 4 EA 5,000.00 $ 20,000 $ Sound Barrier Wall 152 LF 250.00 $ 38,000 $
Pickleball net system 2 LS 5,000.00 $ 10,000 $
Benches 4 EA 1,250.00 $ 5,000 $
Drinking fountain with pet basin 1 EA 7,500.00 $ 7,500 $ Trash and recycling 2 EA 2,500.00 $ 5,000 $
Soil preparation and amendment 7404 SF 0.55 $ 4,072 $
Irrigation allowance 7404 SF 3.50 $ 25,914 $
Shrubs and Groundcovers 7404 SF 5.00 $ 37,020 $
Mulch - Tree Bark 3" thick 69 CY 120.00 $ 8,227 $
PICNIC AREA $ 87,081
Picnic tables 5 EA 3,500.00 $ 17,500 $
Concrete Pad 1949 SF 16.00 $ 31,184 $
Benches 1 EA 1,250.00 $ 1,250 $
Trash and recycling 2 EA 2,500.00 $ 5,000 $
Tree, 24" box 6 EA 450.00 $ 2,700 $
Soil preparation and amendment 2898 SF 0.55 $ 1,594 $
Irrigation allowance 2898 SF 3.50 $ 10,143 $
Shrubs and Groundcovers 2898 SF 5.00 $ 14,490 $
Mulch - Tree Bark 3" thick 27 CY 120.00 $ 3,220 $
$ 490,045
$ 49,005
$ 39,204
$ 73,507
$ 49,005
$ 24,502
$ 12,251
$ 737,518
Phase 3
EARTHWORK AND GRADING $ 115,711
Earthwork (Allowance) 18416 SF 6.00 $ 110,498 $
Fine grading 10426 SF 0.50 $ 5,213 $
FITNESS TRAIL $ 335,942
Stabilized DG - Stalok 7600 SF 15.00 $ 114,000 $
Redwood header: edge restraint at DG 1673 LF 15.00 $ 25,095 $ Concrete stairs 50 SF 60.00 $ 3,000 $
Concrete ramp 355 SF 16.00 $ 5,680 $
Concrete Retaining Wall, less than 4' 278 LF 250.00 $ 69,500 $ Galvanized handrail (stairs) 25 LF 200.00 $ 5,000 $
Galvanized handrail (ramps) 120 LF 200.00 $ 24,000 $
Benches 5 EA 1,250.00 $ 6,250 $
Tree, 24" box 5 EA 450.00 $ 2,250 $
Soil preparation and amendment 7988 SF 0.55 $ 4,393 $
Irrigation allowance 7988 SF 3.50 $ 27,958 $
Shrubs and Groundcovers 7988 SF 5.00 $ 39,940 $
Mulch - Tree Bark 3" thick 74 CY 120.00 $ 8,876 $
FITNESS AREA $ 119,375
Resilient surfacing over aggregate base (Fitness Area) 1000 SF 35.00 $ 35,000 $ Concrete curb: resilient surface edge 125 LF 35.00 $ 4,375 $ Concrete Retaining Wall, less than 4' 100 LF 250.00 $ 25,000 $ Fitness Equipment Allowance 1 LS 50,000.00 $ 50,000 $
Trash and recycling 2 EA 2,500.00 $ 5,000 $
8% Escalation - 6 months to bid
15% Construction Phase Support Costs
10% City Construction Contingency
5% Bonds & Mobilization

2.5% Testing and Inspections

SUBTOTAL
10% Design Contingency
8% Escalation - 6 months to bid
15% Construction Phase Support Costs
PHASE 1 TOTAL
PHASE 2 TOTAL
10% City Construction Contingency
5% Bonds & Mobilization

2.5% Testing and Inspections

SUBTOTAL
10% Design Contingency
Cutino Park 8/23/2022 Page 2 of 3
Packet Page 258
BLEACHERS $ 41,776
Aluminm 5 row transportable bleachers, (2)10'x21' 1 LS 33,735.00 $ 33,735 $ Concrete Pad, 5" concrete with 4" AB 473 SF 17.00 $ 8,041 $ SITE SIGNAGE & WAYFINDING $ 5,000
Signage & Wayfinding Allowance 1 LS 5,000.00 $ 5,000 $
MAINTENANCE $ 1,675
Contract maintenance for establishment period (60 days) 0.56 AC 3,000.00 $ 1,675 $ $ 619,479
$ 61,948
$ 49,558
$ 92,922
$ 61,948
$ 30,974
$ 15,487
$ 932,316
$ 3,100,976
* Play equipment Seesaw Alt 1 Multi-Pondo 1 LS 6,704.28 $ 6,704 $ * Play equipment Seesaw Alt 2 Vippy 1 LS 3,312.74 $ 3,313 $ 10% Design Contingency
The above items, amounts, quantities, and related information are based on BFS Landscape Architects' judgment at this level of document preparation and is offered only as reference data. BFS has no control over construction quantities, costs, and related factors affecting costs, and advises the client that significant variations may occur between this estimate of probable construction costs and actual construction prices. 8% Escalation - 6 months to bid
15% Construction Phase Support Costs
10% City Construction Contingency
5% Bonds & Mobilization

2.5% Testing and Inspections
PHASE 3 TOTAL

PARK DEVELOPMENT - GRAND TOTAL

SUBTOTAL
Cutino Park 8/23/2022 Page 3 of 3
Packet Page 259