A G E N D A
CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVE (COUNCIL CHAMBER) AGENCY TO THE Thursday, December 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 December 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. RECEIVE PRESENTATION FROM BLUE ZONES PROJECT (TANJA ROOS,
PROGRAM MANAGER)
C. VACCINATION UPDATE (FIRE CHIEF MARY GUTIERREZ)
8. CONSENT AGENDA
A. ADOPT A RESOLUTION MAKING FINDINGS IN ACCORDANCE WITH AB361: HYBRID MEETINGS AND GOVERNMENT CODE SECTION 54953 Packet Page 2
City Council REGULAR Meeting December 1, 2022 5:00 PM Agenda Page 3 (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 NOVEMBER 3, NOVEMBER 17, AND NOVEMBER 21, 2022
RECOMMENDATION: Approve minutes as presented in the agenda packet.
C. APPROVE AND FILE CITY CHECKS
RECOMMENDATION: Approve and file the accounts payable and wired payments made during the period of October 22, 2022 through November 18, 2022, including the payroll and benefits checks, direct deposits, and wired payments related to the pay period ending November 3, 2022 and November 17, 2022. Total Accounts Payable and Payroll for the above referenced period is $3,048,101.28.
D. APPROVE AND FILE SUCCESSOR AGENCY CHECKS
RECOMMENDATION: Approve and file the accounts payable and wired payments made during the period of October 22, 2022 through November 18, 2022, including the payroll and benefits checks, direct deposits and wired payments related to the pay period ending November 3, 2022 and November 17, 2022. Total Accounts Payable and Payroll for the above referenced period is $358.16.
E. 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
SEPTEMER 30, 2022
RECOMMENDATION: Accept and file the City of Seaside and the Successor Agency to the Redevelopment Agency of the City of Seaside Cash and Investment Report for the quarter ending September 30, 2022.
F. ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO THE
PROFESSIONAL SERVICE AGREEMENT WITH WALLACE GROUP FOR THE
DEL MONTE MANOR STORM DRAIN IMPROVEMENTS PROJECT FOR AN AMOUNT NOT TO EXCEED $11,062.48 AND APPROPRIATING A BUDGET AMENDMENT OF $13,062.48
RECOMMENDATION: Adopt a resolution authorizing an amendment to the Professional Services Agreement with Wallace Group to perform additional construction management and inspection services for the Del Monte Manor Storm Drain Improvements Project for an amount not to exceed $11,062.48, resulting in a Packet Page 3
City Council REGULAR Meeting December 1, 2022 5:00 PM Agenda Page 4 total contract amount of $75,458.00, and appropriate $13,062.48 from the General Fund to the project budget.
G. ADOPT A RESOLUTION APPROVING THE ANNUAL PROGRAM
COMPLIANCE REPORT IN SUPPORT OF PROJECTS FUNDED BY MEASURE
X AND AUTHORIZING STAFF TO SUBMIT THE REPORT TO THE
TRANSPORTATION AGENCY FOR MONTEREY COUNTY
RECOMMENDATION: Adopt a resolution approving the annual compliance report in support of projects funded by Measure X and authorizing staff to submit the Report to the Transportation Agency for Monterey County (TAMC) in order for the City to continue receiving the revenue generated from Measure X funds.
H. APPROVE CO-SPONSORSHIP AND FEE WAIVER FROM DELTA SIGMA
THETA SORORITY, INCORPORATED FOR COSTS ASSOCIATED WITH THE 2023 MARTIN LUTHER KING, JR. MARCH AND PROGRAM ON JANUARY 16, 2023
RECOMMENDATION: Approve a request from the Delta Sigma Theta Sorority, Incorporated for co-sponsorship and fee waiver for the costs associated with the 2023 Martin Luther King Jr. March and Celebration on January 16, 2023, in the amount of $6,616.44.
I. APPROVE A FEE WAIVER REQUEST FROM ACTION COUNCIL - BUILDING
HEALTHY COMMUNITIES FOR THE USE OF THE LAGUNA GRANDE HALL AND KITCHEN FOR THEIR YOUTH SUMMIT ON DECEMBER 18, 2022 RECOMMENDATION: Approve the fee waiver request from Action Council - Building Healthy Communities for the use of the Laguna Grande Hall and Kitchen to hold their Youth Summit in the amount of $760.00, the organization to provide the City with the non-refundable portion of the deposit of $92.25.
J. ADOPT A RESOLUTION MAKING ADDITIONAL REQUIRED FINDINGS AND
ACCEPT DEVELOPMENT IMPACT FEES REPORTS FOR THE FISCAL YEAR ENDING JUNE 30, 2020, FISCAL YEAR ENDING JUNE 30, 2021 AND FISCAL YEAR ENDING JUNE 30, 2022
RECOMMENDATION: Accept Development Impact Fees Reports for fiscal year ending June 30, 2020, fiscal year ending June 30, 2021 and fiscal year ending June 30, 2022 and adopt a resolution making additional required findings.
K. ADOPT A RESOLUTION APPROVING A PROFESSIONAL SERVICE
AGREEMENT WITH PARISI TRANSPORTATION CONSULTING FOR AN
AMOUNT NOT TO EXCEED $58,640.00 FOR ENGINEERING DESIGN AND
CONSTRUCTION DOCUMENTS FOR THE ORD TERRACE ELEMENTARY
SCHOOL TRAFFIC SAFETY IMPROVEMENTS PROJECT AND
APPROPRIATING $150,000.00 TO THE PROJECT BUDGET FROM THE Packet Page 4
City Council REGULAR Meeting December 1, 2022 5:00 PM Agenda Page 5
MEASURE X FUND
RECOMMENDATION: Adopt a resolution approving a professional service agreement with Parisi Transportation Consulting for an amount not to exceed $58,640.00 to provide engineering design and construction documents for the Ord Terrace Elementary School Traffic Safety Improvements Project and appropriating $150,000.00 to the project budget from the Measure X fund.
L. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENT WITH DENISE DUFFY & ASSOCIATES IN AN AMOUNT NOT TO EXCEED $138,972.00, TO BE REIMBURSED BY THE DEVELOPER, TO
PROVIDE CONDITION COMPLIANCE AND MITIGATION MONITORING
FOR THE HOTEL COMPONENT OF THE SEASIDE RESORT DEVELOPMENT RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute an agreement with Denise Duffy & Associates for compliance and mitigation monitoring for the hotel component of the Seaside Resort Development.
M.ADOPT RESOLUTION AWARDING AN AGREEMENT FOR CONTRACTOR SERVICES WITH ONE WORKPLACE L. FERRARI LLC FOR INTERIOR FURNISHING FOR TEN (10) WORK STATIONS IN THE NEW CITY HALL STAFF TRAILER FOR AN AMOUNT NOT TO EXCEED $69,825.80
RECOMMENDATION: Adopt a resolution authorizing an Agreement for Contractor Services with One Workplace L. Ferrari LLC to furnish the interior of the New City Hall Staff Trailer for an amount not to exceed $69,825.80.
9. PUBLIC HEARING
A. ADOPT AN ORDINANCE LEVYING SPECIAL TAXES WITHIN CITY OF SEASIDE COMMUNITY FACILITIES DISTRICT NO. 2022-1 (FACILITIES
AND MAINTENANCE SERVICES) (SECOND READING - ROLL CALL VOTE) RECOMMENDATION: Adopt an Ordinance levying special taxes within the CFD.
B. ADOPTION OF AN ORDINANCE TO REPEAL AND REPLACE CHAPTER 10.32 SECTION 10.32.031 OF THE SEASIDE MUNICIPAL CODE AND ADDING A NEW SECTION 10.32.035 ESTABLISHING A FOUR HOUR TIME LIMIT AT
CERTAIN CITY PARK PARKING LOTS (SECOND READING - ROLL CALL VOTE)
RECOMMENDATION: Adopt an ordinance for the repeal and replacement of Seaside Municipal Code Chapter 10.32 "Stopping, Standing, and Parking" to include the addition of new section 10.32.035 which establishes a four hour time limit for certain parking lots in city parks. It is recommended the City Council hold a public hearing on the amendments to the Seaside Municipal Code Section 10.32.
Packet Page 5
City Council REGULAR Meeting December 1, 2022 5:00 PM Agenda Page 6 C. ADOPT A RESOLUTION OF INTENTION AND INTRODUCTION OF AN
ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH
THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES’ RETIREMENT SYSTEM TO PROVIDE SECTION 20516
(EMPLOYEES SHARING ADDITIONAL COST) FOR LOCAL MISCELLEANOUS
MEMBERS IN THE SEASIDE MANAGEMENT AND SUPERVISORY
EMPLOYEES' ASSOCIATION, UNREPRESENTED EXECUTIVE MANAGERS,
UNREPRESENTED CONFIDENTIAL EXEMPT EMPLOYEES, AND
UNREPRESENTED UNCLASSIFIED EXEMPT EMPLOYEES, AND LOCAL
SAFETY MEMBERS IN THE UNREPRESENTED EXECUTIVE MANAGERS
GROUP (FIRST READING - ROLL CALL VOTE)
RECOMMENDATION: Adopt the Resolution of Intention authorizing an amendment to the contract with the Board of Administration of the California Public Employees’ Retirement System to provide Section 20516 (Employees Sharing Additional Cost) for local miscellaneous members in the Seaside Management and Supervisory Employees' Association, Unrepresented Executive Managers, Unrepresented Confidential Exempt Employees, and Unrepresented Unclassified Exempt Employees, and local safety members in the Unrepresented Executive Managers group.; and introduction of an Ordinance authorizing an amendment to the contract between the City of Seaside and the Board of Administration of the California Public Employees’ Retirement System.
D. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEASIDE EXTENDING URGENCY ORDINANCE 2011 AMENDING TITLE 17 (ZONING
ORDINANCE CODE) OF THE CITY OF SEASIDE MUNICIPAL CODE TO ADD CHAPTER 17.13 (SENATE BILL 9 DUPLEXES AND PARCEL MAPS FOR URBAN LOT SPLITS) TO IMPLEMENT RECENT HOUSING BILLS (ROLLCALL FOUR-FIFTHS VOTE) RECOMMENDATION: Approve an Ordinance extending Urgency Ordinance 2011 amending Title 17 of the Seaside Municipal Code.
10. BUSINESS ITEMS
A. ADOPT A RESOLUTION APPROVING CONCEPT PLANS FOR PHASES 2 AND 3 OF THE CUTINO PARK IMPROVEMENTS PART 2 PROJECT
RECOMMENDATION: Adopt a resolution approving concept plans for Phases 2 and 3 of Cutino Park Improvements Part 2 Project. Or, alternatively, the City Council could provide other options for Phases 2 and 3.
B. ADOPT A RESOLUTION APPROVING THE ESTABLISHMENT OF THE PUBLIC AGENCIES POST-EMPLOYMENT BENEFITS TRUST (115 TRUST)
ADMINISTERED BY PUBLIC AGENCY RETIREMENT SERVICES (PARS) WITH AN INITIAL INVESTMENT OF $3,000,000.00, APPOINTING THE
CITY'S FINANCE DIRECTOR AS PLAN ADMINISTRATOR, AUTHORIZING Packet Page 6
City Council REGULAR Meeting December 1, 2022 5:00 PM Agenda Page 7
THE PLAN ADMINISTRATOR TO EXECUTE THE AGREEMENT FOR
ADMINISTRATIVE SERVICES WITH PARS, AND APPROVING A PENSION
FUNDING POLICY
RECOMMENDATION: Adopt a resolution approving the establishment of the public agencies post-employment benefits trust (115 Trust) administered by PARS with an initial investment of $3,000,000.00, appointing the City’s Finance Director as plan administrator, authorizing the plan administrator to execute the agreement for administrative services with PARS, and approving a pension funding policy.
11. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS
B. FOLLOW UP ON PREVIOUS REQUESTS
12. CITY COUNCIL, CITY ATTORNEY, CITY MANAGER, AND MAYOR
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 LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 EXISTING LITIGATION
People v. Arzadon
Monterey County Superior Court 20CV003118
B. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9: POTENTIAL LITIGATION
Potential Litigation (2 Matters)
14. ADJOURNMENT
This meeting will be adjourned in the memory and honor of Sgt. Jessie W. King and James Claypool.
Next Regularly Scheduled Meeting:
December 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 Packet Page 7
City Council REGULAR Meeting December 1, 2022 5:00 PM Agenda Page 8 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.
Packet Page 8
CITY OF SEASIDE
STAFF REPORT
Item No.: 8.A.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Sheri Damon, City Attorney
DATE: December 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:
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 Packet Page 11
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 December, 2022, by the following vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
______________________________
Sheri L. Damon, City Attorney
Packet Page 12
DRAFT MINUTES
CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/ SUCCESSOR 440 HARCOURT AVE
AGENCY TO THE Thursday, November 3, 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
A moment of silence was held for the invocation and the Pledge of Allegiance was led by City Attorney Sheri Damon.
4. REVIEW OF AGENDA
City Manager Jaime Fontes recommended the Council remove the Quarter 1 Citywide Financial Update that was to be presented by Finance Director Victor Damiani; and City Attorney Sheri Damon recommended the Council add an item to the Closed Session agenda for Real Property Negogiations pursuant to Government Code 54956.8, for 1272 Canyon Del Rey Blvd, Agency Negogiators: City Manager, et. Al, Negotiating Parties: The Silva Trusts, Jeff Dunham, Broker, and the City of Seaside, Under Negogtiation: Price, terms of Payment, or both.
The changes to the agenda, requires a two-thirds vote.
There were no public comments on the review of agenda.
On motion by Council/Agency Member Garcia-Arrazola, and second by Council/Agency Member Wizard, and carried by the following roll call vote, the City Council/Successor Agency moved to adopt the agenda as recommended.
RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
Packet Page 13
Thursday, November 3, 2022 City Council REGULAR Meeting Page 2
5. PUBLIC COMMENT
Helen Rucker, Rick Mendoza, Peter Kaiser, Unidentified speaker, Susan Schiavone, Nina Beatty, Pastor Kenneth Murray, Dr. Choi
On motion by Council/Agency Member Campbell, and second by Mayor Pro Tem/Vice Chair Pacheco, carried by the following roll call vote, the City Council/Successor Agency moved to take Closed Session, 13A and 13B after public comment.
RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
6. PUBLIC AGENCY COMMUNICATIONS
Alvin Edwards, District 1 representative introduced Monterey Peninsula Water Management District, General manager Dave Stoldt that provided an update on the water supply for the Monterey Peninsula.
7. PRESENTATIONS
A. PRESENTATION OF THE KEY TO THE CITY TO JOY ANDERSON (MAYOR
OGLESBY)
Mayor Oglesby presented a proclamation and the Key to the City to Joy Anderson.
Ms. Anderson made comments and thanked the Mayor, City Council, family, friends and supporters for their continued support of her work and efforts.
B. REVIEW OF UPCOMING CITYWIDE EVENTS (ERNESTO ALTAMIRANO,
COMMUNICATIONS & COMMUNITY ENGAGEMENT SPECIALIST)
Mr. Altamirano provided a presentation. Council/Agency Member Campbell thanked all involved for the completion of the Eucalyptus Road gate project.
C. CAPITAL IMPROVEMENT PROGRAM UPDATE (NISHA PATEL, PUBLIC
WORKS DIRECTOR/ CITY ENGINEER)
Ms. Patel provided a presentation and responded to questions from the Council.
D. QUARTER ONE CITYWIDE FINANCIAL UPDATE (VICTOR DAMIANI,
FINANCE DIRECTOR)
8. CONSENT AGENDA
The Mayor read the consent agenda items and asked if any items were to be pulled.
Packet Page 14
Thursday, November 3, 2022 City Council REGULAR Meeting Page 3 Alvin Edwards pulled items 8C and 8D; Council/Agency Member Pacheco pulled item 8G; Council/Agency Member Campbell pulled item 8J.
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
ACTION: ADOPTED RESO #22-138
B. APPROVE MINUTES FROM OCTOBER 20, 2022
ACTION: APPROVED
C. APPROVE A PROCLAMATION HONORING THE LIFE AND LEGACY OF DON JORDAN
Public Comment: Alvin Edwards
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 proclamation honoring former Mayor, Don Jordan.
RESULT: 5-0-0-0
AYES: CAMPBELL, GARCIA-ARRAZOLA, OGLESBY, PACHECO, WIZARD NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ACTION: PROCLAIMED
D.APPROVE A PROCLAMATION HONORING THE LIFE AND LEGACY OF
ALICE JORDAN
Public Comment: Alvin Edwards
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 proclamation honoring Alice Jordan.
RESULT: 5-0-0-0
AYES: CAMPBELL, GARCIA-ARRAZOLA, OGLESBY, PACHECO, WIZARD NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ACTION: PROCLAIMED
E. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM Packet Page 15
Thursday, November 3, 2022 City Council REGULAR Meeting Page 4 SEASIDE HIGH SCHOOL 4171 ROBOTICS TEAM
ACTION: APPROVED
F. APPROVE A MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM
SEASIDE AQUATIC CLUB
ACTION: APPROVED
G. APPROVE A MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM
REBELS DREAM TEAM
Mayor Pro Tem/Vice Chair Pacheco pulled the item and asked for more background.
Recreation Director Dan Meewis, provided information regarding the application review process and confirmed that the requestor had met all the requirements for approval.
Public Comment: John Win
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 a Mayor’s Youth Fund contribution request from the Rebel’s Dream Team.
RESULT: 5-0-0-0
AYES: CAMPBELL, GARCIA-ARRAZOLA, OGLESBY, PACHECO, WIZARD NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ACTION: APPROVED
H. APPROVE A FEE WAIVER FROM THE "RECOGNIZING MILITARY SERVICE CENTER" FOR THE USE OF THE LAGUNA GRANDE HALL FOR THEIR VETERANS CELEBRATION ON NOVEMBER 12, 2022
ACTION: APPROVED
I. ADOPT A RESOLUTION AUTHORIZING A BUDGET AMENDMENT TO APPROPRIATE FUNDS FOR FY 2022/23 FOR SPENDING UNDER POLICE DEPARTMENT SPECIAL REVENUE FUNDS 243 & 241: $15,000.00 FOR FUND 243; PENINSULA REGIONAL VIOLENCE & NARCOTICS TEAM
(PRVNT) AND $15,000.00 FOR FUND 241; ASSET FORFEITURE
ACTION: ADOPTED RESO #22-139
J. ADOPT A RESOLUTION APPROVING A PROFESSIONAL SERVICE
AGREEMENT TO RRM DESIGN GROUP FOR ARCHITECTURAL AND
ENGINEERING SERVICES FOR FIRE STATION NO. 2 PROJECT FOR AN AMOUNT NOT TO EXCEED $986,404.00
Packet Page 16
Thursday, November 3, 2022 City Council REGULAR Meeting Page 5 Council/Agency Member Campbell pulled to the item and Public Works Director Nisha Patel and Fire Chief Mary Gutierrez responded to questions.
Public Comment Alvin Edwards
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 adopt a resolution approving a professional service agreement to RRM Design Group for Architectural and Engineering Services for Fire Station No. 2 Project for an amount not to exceed $986,404.00.
RESULT: 5-0-0-0
AYES: CAMPBELL, GARCIA-ARRAZOLA, OGLESBY, PACHECO, WIZARD NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ACTION: ADOPTED RESO #22-140
K. ADOPT A RESOLUTION EXPRESSING OFFICIAL INTENT REGARDING FIRE STATION NO. 2 CAPITAL EXPENDITURES TO BE REIMBURSED
FROM PROCEEDS OF TAX-EXEMPT OBLIGATIONS IN AN AMOUNT NOT TO EXCEED $20,993,811.00.
ACTION: ADOPTED RESO #22-141
L. ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT WITH CSG CONSULTANTS INC IN THE AMOUNT OF
$70,000.00 FOR DEVELOPMENT REVIEW SERVICES FOR THE GRAND
HYATT SEASIDE RESORT HOTEL TO BE REIMBURSED BY THE
DEVELOPER
ACTION: ADOPTED RESO #22-142
The Mayor called for the Council to adjourn into Closed Session for items 13A & 13B.
City Attorney Sheri Damon read the closed session items and there were no comments from the public.
Upon return from closed session, City Attorney Damon read the Council back into open session and did not have any action to announce.
9. PUBLIC HEARING
A. ADOPTION OF AN ORDINANCE MODIFYING SEASIDE MUNICIPAL CODE SECTIONS 17.52.251 AND 17.52.252 PERTAINING TO SHORT-TERM
RENTAL PROGRAM (FIRST READING - ROLL CALL VOTE)
Packet Page 17
Thursday, November 3, 2022 City Council REGULAR Meeting Page 6 Administrative Analyst Haroon Noori provided the presentation and responded to questions from the Council.
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola the City Council/Successor Agency moved to adopt an ordinace modifying the Seaside Municipal Code Sections 17.52.251 and 17.52.252 pertaining to Short-Term Rental Program. A second reading of the ordinance is required and will be conducted at a subsequent meeting.
RESULT: 5-0-0-0
AYES: CAMPBELL, GARCIA-ARRAZOLA, OGLESBY, PACHECO, WIZARD NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ACTION: Second Reading to be held on November 17, 2022
B. ADOPTION OF AN ORDINANCE AMENDING CHAPTER 15 OF THE
SEASIDE MUNICIPAL CODE ADOPTING THE 2022 EDITIONS OF THE
CALIFORNIA BUILDING, RESIDENTIAL, PLUMBING, ELECTRICAL,
MECHANICAL, ENERGY, GREEN BUILDING STANDARDS, FIRE CODES,
AND RELATED MODEL CODES WITH AMENDMENTS (FIRST READING -
ROLL CALL VOTE)
Building Official David Little provided a presentation and responded to questions from the Council.
On motion by Council/Agency Member Campbell and second by Council/Agency Member Garcia-Arrazola the City Council/Successor Agency moved to adopt an ordinance amending Chapter 15 of the Seaside Municipal Code Adopting the 2022 Editions of the California Building Code, Residential, Plumbing, Electrical, Mechanical, Energy, Green Building Standards, Fire Codes, and Related Model Codes with Amendments. A second reading of the ordinance is required and will be conducted at a subsequent meeting.
RESULT: 5-0-0-0
AYES: CAMPBELL, GARCIA-ARRAZOLA, OGLESBY, PACHECO, WIZARD NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ACTION: Second Reading to be held on November 17, 2022
10. BUSINESS ITEMS
A. REVIEW AND TAKE ACTION ON TRAFFIC ADVISORY COMMITTEE
RECOMMENDATIONS TO DENY A RED CURB ON JUAREZ STREET AND AN
ADDITIONAL DRIVEWAY ON AMADOR AVENUE
Packet Page 18
Thursday, November 3, 2022 City Council REGULAR Meeting Page 7 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 table the item to a future meeting.
RESULT: 5-0-0-0
AYES: CAMPBELL, GARCIA-ARRAZOLA, OGLESBY, PACHECO, WIZARD NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ACTION: Tabled
11. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS
Campbell – directed staff to draft a letter to support the denial of the Coastal Commission de-sal plant.
B. FOLLOW UP ON PREVIOUS REQUESTS
City Manager Fontes reported that staff is still working on the Shopping Cart Ordinance and addressing the parking issues in the Broadway area.
12. CITY ATTORNEY, CITY MANAGER, MAYOR AND CITY COUNCIL COMMENTS
AND REPORTS ON COMMITTEE ASSIGNMENTS
Reports provided. City Attorney Damon announced that the alleyway adjacent to the Ascent project has been noticed for closure starting on November 15, 2022.
13. CLOSED SESSION
City Attorney Damon read the Closed Session items 13
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957
POSITION: CITY ATTORNEY
B. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9:
Potential Litigation (2 Matters)
Packet Page 19
Thursday, November 3, 2022 City Council REGULAR Meeting Page 8 C. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9:
Petrovich Development Company, LLC v. City of Seaside, et al.
Monterey County Superior Court 21CV003630
D. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (EXISTING LITIGATION)
Committee for Sound Water and Land Development of Fort Ord v. Seaside, et al.
Sixth District Court of Appeal
Case No: H049031
14. ADJOURNMENT
With no further business, the meeting adjourned at 10:04 p.m.
Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City/Agency Clerk Ian N. Oglesby, Mayor/Chair Packet Page 20
DRAFT MINUTES
CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/ SUCCESSOR 440 HARCOURT AVE
AGENCY TO THE Thursday, November 17, 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
A moment of silence was held for the invocation. The pledge of allegiance was led by Mayor Pro Tem/Vice Chair Pacheco.
4. REVIEW OF AGENDA
No changes.
5. PUBLIC COMMENT
Charles Williams, Kevin Rangle, Jennie Reese, Melissa Sodowskey, Amy Shien, Kay Cline, Dr. Bettye Lusk, Abbey Mason, Peter Kaiser, Bobby Maxwell City Attorney Damon and City Manager Fontes responded to public comments regarding rumors of a test well location at a neighborhood park.
6. PUBLIC AGENCY COMMUNICATIONS
None.
7. PRESENTATIONS
A. REVIEW OF UPCOMING CITYWIDE EVENTS (ERNESTO ALTAMIRANO,
COMMUNICATIONS & COMMUNITY ENGAGEMENT SPECIALIST)
Mr. Altamirano presented and there were no questions from the Council.
Packet Page 21
Thursday, November 17, 2022 City Council REGULAR Meeting Page 2 B. QUARTERLY FINANCIAL STATUS UPDATE (JESSICA RILEY, ASSISTANT
FINANCE DIRECTOR)
Ms. Riley provided a presentation and responded to questions from the Council regarding the long term forecast and how the ARPA funds are considered in the estimate of 2023 revenues. Finance Director, Victor Damiani also responded to questions from the Council.
8. CONSENT AGENDA
Mayor/Chair Oglesby read the Consent Agenda items and asked there were any to be pulled for further discussion.
Item 8H was pulled by Mayor Pro Tem/Vice Chair Pacheco.
PUBLIC COMMENT: Ruthie Watts – thanked the Council for their support of the Coalition of Scholarship Organization’s application for a fee waiver to host a forum on scholarship opportunities for local high school seniors.
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council Member Garcia-Arrozola moved to approve the Consent Agenda except for item 8H.
RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSENT: None
ABSTAIN: None
A. APPROVE AND FILE CITY CHECKS
ACTION: APPROVED & FILED
B. APPROVE AND FILE SUCCESSOR AGENCY CHECKS
ACTION: APPROVED & FILED
C. ADOPT A RESOLUTION APPROVING THE CALENDER YEAR 2023
INVESTMENT POLICY FOR THE CITY OF SEASIDE AND THE CITY OF
SEASIDE SUCCESSOR AGENCY
ACTION: ADOPTED RESO #22-143
D. ADOPT A RESOLUTION AMENDING THE CITY ATTORNEYS CONTRACT TO REFLECT AN ANNUAL SALARY OF $228,096.00 AND ADDING A COST OF LIVING ALLOWANCE PROVISION AND APPROVE FISCAL YEAR 2022- 2023 BUDGET AMENDMENT
ACTION: ADOPTED RESO #22-144
Packet Page 22
Thursday, November 17, 2022 City Council REGULAR Meeting Page 3 E. ADOPT A RESOLUTION EXTENDING 0.101 ACRE FEET WATER
ALLOCATION PER YEAR FOR THE NEW CITY HALL STAFF TRAILER PROJECT TO BE LOCATED AT 440 HARCOURT AVENUE
ACTION: ADOPTED RESO #22-145
F. APPROVE A FEE WAIVER FROM HINDU TEMPLE OF MONTEREY
PENINSULA FOR THE USE OF THE LAGUNA GRANDE PARK FOR A HOLI CELEBRATION ON MARCH 11, 2023.
ACTION: APPROVED
G. APPROVE A FEE WAIVER FROM KINDNESS ROCKS 831 FOR THE USE OF THE LAGUNA GRANDE HALL AND KITCHEN FOR THE 831 TALENT SHOW ON JANUARY 7, 2023
ACTION: APPROVED
H. APPROVE A MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM ROAD 2 REALITY
The item was pulled by Mayor Pro Tem/Vice Chair Pacheco. Recreation Director, Dan Meewis responded to questions about the qualifications of the cost for the requested items of cleaning equipment such as gloves, trash bags, garbage grabbers, buckets, and weed tools. The applicant representative Jessica provided comments and responded to questions and concerns from the Council; providing more context to the request of the application.
PUBLIC COMMENT: Ruthie Watts, Jessica
On motion by Council Member Wizard and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to table the item and invite the applicant to re-submit the application with more details that were expressed during the applicants comment, for the Council’s consideration at its next regular meeting.
RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSENT: None
ABSTAIN: None
ACTION: TABLED TO FUTURE MEETING
I. CONSIDER A REQUEST FROM THE COALITION OF SCHOLARSHIP
ORGANIZATION FOR CO-SPONSORSHIP AND FEES WAIVER FOR USE OF
THE LAGUNA GRANDE HALL AND KITCHEN AT THE OLDEMEYER CENTER,
FOR A FORUM ON SCHOLARSHIP OPPORTUNITIES FOR LOCAL HIGH Packet Page 23
Thursday, November 17, 2022 City Council REGULAR Meeting Page 4
SCHOOL SENIORS
ACTION: APPROVED
J. CONSIDER A MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM
HAMILTON, ELLIS, & MARTIN TENANT ASSOCIATION FOR THEIR YOUTH
CHRISTMAS CELEBRATION GALA
ACTION: APPROVED
K. ACCEPT THE MAYOR'S KEY TO THE CITY AWARDED TO REVEREND DR.
HERBERT H. LUSK, II
ACTION: ACCEPTED
9. BUSINESS ITEMS
A. REVIEW AND TAKE ACTION ON TRAFFIC ADVISORY COMMITTEE
RECOMMENDATIONS TO DENY A RED CURB ON JUAREZ STREET AND AN
ADDITIONAL DRIVEWAY ON AMADOR AVENUE
Melissa Savage, Associate Engineer, provided a presentation and responded to questions from the Council.
On motion by Council Member Campbell and second by Council Member Wizard and carried by the following vote, the City Council/Successor Agency moved to deny the installation of the red curb 1841 Juarez Street.
RESULT: 4-0-0-1
AYES: Campbell, Garcia-Arrazola, Pacheco, Wizard
NOES: None
ABSENT: None
ABSTAIN: Oglesby
ACTION: DENIED
On motion by Council Member Campbell and second by Council Member Wizard and carried by the following vote, the City Council/Successor Agency moved to approve the installation of an additional driveway approach at 700 Amador Avenue.
RESULT: 3-2-0-0
AYES: Campbell, Garcia-Arrazola, Wizard
NOES: Oglesby, Pacheco
ABSENT: None
ABSTAIN: None
Packet Page 24
Thursday, November 17, 2022 City Council REGULAR Meeting Page 5 ACTION: APPROVED
10. PUBLIC HEARING
A. ADOPTION OF AN ORDINANCE MODIFYING SEASIDE MUNICIPAL CODE SECTIONS 17.52.251 AND 17.52.252 PERTAINING TO SHORT-TERM
RENTAL PROGRAM (SECOND READING - ROLL CALL VOTE)
City Manager Fontes reiterated to the Council the second reading of the ordinance modifying SMC sections 17.52.251 and 17.52.252 pertaining to short-term rentals and advised the Council that Administrative Analyst II, Haroon Noori was on the line to answer any questions if needed.
There were no comments from the public.
On motion by Council/Agency Member Campbell and second by Mayor Pro Tem/Vice Chair Pacheco the City Council/Successor Agency moved to adopt an ordinance modifying the Seaside Municipal Code Sections 17.52.251 and 17.52.252 pertaining to Short-Term Rental Program.
RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ACTION: ADOPTED ORD #2016
B. ADOPTION OF AN ORDINANCE AMENDING CHAPTER 15 OF THE
SEASIDE MUNICIPAL CODE INCORPORATING THE 2022 EDITIONS OF
THE CALIFORNIA BUILDING, RESIDENTIAL, PLUMBING, ELECTRICAL,
MECHANICAL, ENERGY, GREEN BUILDING STANDARDS, FIRE CODES,
AND RELATED MODEL CODES WITH AMENDMENTS (SECOND READING -
ROLL CALL VOTE)
Building Official, David Little reitereated to the Council that the ordinance amending Chapter 15 of the SMC was a second read and responded to questions from the Council.
There were no comments from the public.
On motion by Council/Agency Member Wizard and second by Council/Agency Member Campbell the City Council/Successor Agency moved to adopt an ordinance amending Chapter 15 of the Seaside Municipal Code Adopting the 2022 Editions of the California Building Code, Residential, Plumbing, Electrical, Mechanical, Energy, Green Building Standards, Fire Codes, and Related Model Codes with Amendments.
Packet Page 25
Thursday, November 17, 2022 City Council REGULAR Meeting Page 6 RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ACTION: ADOPTED ORD #2017
C. REPEAL AND REPLACE CHAPTER 10.32 SECTION 10.32.031 OF THE SEASIDE MUNICIPAL CODE AND ADDING A NEW SECTION 10.32.035
ESTABLISHING A FOUR HOUR TIME LIMIT AT CERTAIN CITY PARK PARKING LOTS. (FIRST READING - ROLL CALL VOTE)
Recreation Director, Dan Meewis presented the item and reviewed the following proposed amendments:
Sub-Section 10.32.031 Repealed and Replaced
Municipal Code Sub-Section 10.32.031 related to definitions repelled and restated to read as follows:
10.32.031 Overnight parking at Laguna Grande Park, Robert's Lake, Cutino Park, Oldemeyer Center, Seaside Community Center and Seaside City Hall parking lots.
A. Unlawful. It is unlawful for the operator of any vehicle to park said vehicle in Laguna Grande Park, Robert's Lake Park, Cutino Park, Oldemeyer Center, Seaside Community Center and the Seaside City Hall parking lot between the hours of nine p.m. and six a.m. Mondays through Sundays.
Sub-Section 10.32.035 Added
Municipal Code Sub-Section 10.32.035 added to read as follows:
10.32.035 Parking time limited at Laguna Grande Park, Robert's Lake, and Cutino Park.
A. When authorized signs are in place giving notice thereof, no person shall park any vehicle in the parking lots at Laguna Grande Park, Robert's Lake, or Cutino Park for a period longer than four hours on any day.
B. Exemptions. Persons participating in activities sponsored by the City of Seaside, or attending a permitted park rental, or City employees, or officials who are working or are on official City business are exempt from the provisions of sub-section A of this section.
There were no comments from the public.
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola the City Council/Successor Agency moved to adopt an ordinance to repeal and replace Chapter 10.32 Section 10.32.031 of the Seaside Municipal Code and add a new section 10.32.035 establishing a four-hour time limit at certain park parking lots. A second reading of the ordinance is required and will be conducted at a subsequent meeting.
Packet Page 26
Thursday, November 17, 2022 City Council REGULAR Meeting Page 7 RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ACTION: Second Reading to be held on December 1, 2022
Mayor/Chair Oglesby called for a recess break at 7:11 p.m., and the meeting resumed at 7:33 p.m.
D. ADOPT RESOLUTIONS FORMING A COMMUNITY FACILITY DISTRICT (CFD) TO PROVIDE FINANCING FOR VARIOUS PUBLIC FACILITIES AND
MUNICIPAL SERVICES, AUTHORIZING THE NECESSITY TO INCUR
INDEBTEDNESS AND CALLING FOR AN ELECTION; HOLD SPECIAL
ELECTION AND ADOPT RESOLUTION OF RESULTS OF SPECIAL
ELECTION; AND INTRODUCE AND WAIVE FIRST READING OF AN
ORDINANCE LEVYING SPECIAL TAXES WITHIN CITY OF SEASIDE
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (FACILITIES AND
MAINTENANCE SERVICES) (FIRST READING - ROLL CALL VOTE)
City Attorney Sheri Damon provided a presentation and introduced consultants, Paul Thimming, (QT, LLP), and Sara Mares, (NBS Gov), to respond to questions from the Council.
Public comment: Peter Kaiser
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 adopt a Resolution of Formation of the CFD authorizing the levy of a special tax within the CFD.
RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED RESO #22-146
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 adopt a Resolution determining the necessity to incur indebtedness within the CFD.
RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard Packet Page 27
Thursday, November 17, 2022 City Council REGULAR Meeting Page 8 NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED RESO #22-147
On motion by Council/Agency Member Campbell and second by Council/Agency Member Garcia-Arrazola and carried by the following vote, the City Council/Successor Agency moved to adopt a resolution calling a special election within the CFD.
RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED RESO #22-148
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 adopt a resolution declaring the results of the special election.
RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED RESO #22-149
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 introduce and waive the first reading of an ordinance levying special taxes within the CFD.
RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED ORD #2018
11. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS
Packet Page 28
Thursday, November 17, 2022 City Council REGULAR Meeting Page 9 There were no new requests received.
B. FOLLOW UP ON PREVIOUS REQUESTS
City Manager Fontes provided follow up on parking in parks, shopping carts, housing requests, and new parking program on Broadway.
12. CITY ATTORNEY, CITY MANAGER, MAYOR AND CITY COUNCIL COMMENTS
AND REPORTS ON COMMITTEE ASSIGNMENTS
Reports provided.
13. CLOSED SESSION
City Attorney Damon read the Closed Session items and did not anticipate any action to report.
There were no comments from the public.
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: 1272 Canyon Del Rey Blvd.
Agency Negotiators: City Manager, City Attorney, et. al Negotiating Parties: The Silva Trust, Jeff Davi, and City of Seaside Under Negotiation: Price, Terms of Payment, or Both
B. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 EXISTING LITIGATION
Petrovich Development Company, LLC v. City of Seaside, et al.
Monterey County Superior Court 21CV003630
C. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9: POTENTIAL LITIGATION
Potential Litigation (2 Matters)
Upon return from closed session, City Attorney Damon did not have any announcements to report.
14. ADJOURNMENT
With no further business, the meeting adjourned at 9:18 p.m.
Packet Page 29
Thursday, November 17, 2022 City Council REGULAR Meeting Page 10 Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City Clerk Ian N. Oglesby, Mayor
Packet Page 30
DRAFT MINUTES
CITY OF SEASIDE SPECIAL MEETING
CITY COUNCIL/ SUCCESSOR 440 HARCOURT AVE
AGENCY TO THE Monday, November 21, 2022
REDEVELOPMENT AGENCY 9:00 AM
1. CALL TO ORDER
Mayor Oglesby called the meeting to order at 9:00 a.m.
2. ROLL CALL – ESTABLISHMENT OF QUORUM
PRESENT: Garcia-Arrazola, Oglesby, Pacheco, Wizard
ABSENT: Campbell
3. PLEDGE OF ALLEGIANCE
Led by Finance Director, Victor Damiani
4. PUBLIC COMMENT
Diana Bergman, Robert Daniels
5. STUDY SESSION
A. STRATEGIC PLANNING SESSION
Perla Rodriguez, of Volar Communications Strategic Consulting, led the Council through the study session of the 2022 City Council Priorities Work Plan, prepared by the City’s departments.
The Council identified their top five (5) priorities as:
Effective, Accessible Governance;
Vibrant Local Economy;
Diverse and Inclusive Community;
Enhanced Physical Infrastructure and Abundant Water Supply; and Community Safety and Quality of Life.
6. ADJOURNMENT
With no further business, the meeting adjourned at 4:18 p.m.
Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City Clerk Ian N. Oglesby, Mayor
Packet Page 31
CITY OF SEASIDE
STAFF REPORT
Item No.: 8.C.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Loreene Bermudez-Onate, Accountant II
DATE: December 1, 2022
SUBJECT: APPROVE AND FILE CITY CHECKS
RECOMMENDATION
Approve and file the accounts payable and wired payments made during the period of October 22, 2022 through November 18, 2022, including the payroll and benefits checks, direct deposits, and wired payments related to the pay period ending November 3, 2022 and November 17, 2022. Total Accounts Payable and Payroll for the above referenced period is $3,048,101.28.
BACKGROUND
In accordance with Government Code Section 37208, at each City Council meeting, the Council is provided a listing of the payroll and general checks issued since the last report so that the checks can be inspected and confirmed. Each purchase has been reviewed and approved by the department making the purchase at the time of procurement. The invoices have been reviewed by the Finance Department prior to payment to ensure that they conform to the approved budget.
Therefore, in accordance with Government Code Section 37208, the above referenced and linked list of checks conforms to the approved budget and has been paid. These checks are submitted to the City Council for inspection and confirmation.
A description of the checks and wires exceeding $10,000.00 are as follows:
$42,616.05 to California-American Water for Water consumption for multiple City of Seaside service addresses. Billing period of 8/20/2022-9/23/2022. Service addresses include city buildings, parks, fire hydrants, irrigation stations, and city affordable housing.
$33,309.09 to EMC Planning Group Inc. for Professional planning services for Packet Page 32
Item No. 8.C. Page 2 of 3
Grand Hyatt Resort for the period of July-September 2022. $19,685.16 to Monterey Co. Convention & Visitor's Bureau for TID (Tourism Improvement District) remittance for the reporting period of September 2022 for the 13 Seaside motels/hotels.
$19,849.32 to Harris & Associates, Inc. for Prof. Services during 8/28/22- 10/1/22, including Campus Town Phase I & Phase II demolition/abatement services; Noche Buena Emergency Storm Drain; Eucalyptus Road Drainage for the period of 7/31/22-8/27/22.
$19,500.00 to Pavement Engineering, Inc. for Professional design services for Kimball Ave & Wheeler St Pavement Rehab Project.
$23,875.00 to Badger Meter Inc. for For the purchase of (382) Orion Cellular Endpoints for use in the water department.
$104,369.61 to U.S. Bank St. Paul for City of Seaside joint powers financing authority lease revenue bonds (2006 Bayonet and Blackhorse Gold Course Project).
$14,505.59 to The Sohagi Law Group for Professional legal services for the period of October 2022.
$14,155.29 to One Workplace L. Ferrari, LLC for the purchase of furniture for the Seaside Police Department.
$12,965.24 to Sturdy Oil Company for 1,433 gallons of regular ethanol and 1,057 gallons of clear diesel delivered on 10/12/22.
$21,816.51 to Huntington Public Capital Corp. for quarterly lease contract payment for Vactor and Patch Trucks for the period of 11/8/22 - 2/7/23. $10,677.08 to Huntington Public Capital Corp. for Lease contract payment for the Energy Project at City Hall, City Library, and Fire Department locations. $11,550.00 to Parisi Transportation Consulting Inc. for the signing and placement of markings within school zones throughout the City, on-call services for transportation/traffic and Traffic Calming Program Review/Update for the period of September 2022.
$28,139.50 to Vista Environmental Consulting. Inc. for Campus Town Hazardous Materials for the period of 12/1/21 through 6/1/22.
The Net Payroll and Payroll benefits total was $1,739,909.47.
The remaining checks, totaling $931,178.37, include payments to vendors for operating expenditures.
The check report is available on the City's website here:
https://www.ci.seaside.ca.us/194/Check-Draft-Register
FISCAL IMPACT
There are no additional fiscal impacts.
Packet Page 33
Item No. 8.C. Page 3 of 3
ATTACHMENTS
None
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 34
CITY OF SEASIDE
STAFF REPORT
Item No.: 8.D.
TO: Successor Agency to the Redevelopment Agency of the City of Seaside FROM: Jaime M. Fontes, City Manager
BY: Loreene Bermudez-Onate, Accountant II
DATE: December 1, 2022
SUBJECT: APPROVE AND FILE SUCCESSOR AGENCY CHECKS
RECOMMENDATION
Approve and file the accounts payable and wired payments made during the period of October 22, 2022 through November 18, 2022, including the payroll and benefits checks, direct deposits and wired payments related to the pay period ending November 3, 2022 and November 17, 2022. Total Accounts Payable and Payroll for the above referenced period is $358.16.
BACKGROUND
In accordance with Government Code Section 37208, at each City Council meeting the Council is provided a listing of the payroll and general checks issued since the last report so that it can inspect and confirm these checks. Each purchase has been reviewed and approved by the department making the purchase at the time of procurement. The invoice has been reviewed by the Finance Department prior to payment to ensure that it conforms to the approved budget.
Therefore, in accordance with Government Code Section 37208, the above referenced, and linked list of checks conforms to the approved budget and has been paid. These checks are submitted to the City Council for inspection and confirmation.
A description of the checks and wires exceeding $10,000 are as follows:
No checks exceeded $10,000.
The Checks report is available on the City's website here:
https://www.ci.seaside.ca.us/194/Check-Draft-Register
Packet Page 35
Item No. 8.D. Page 2 of 2
FISCAL IMPACT
There are no additional fiscal impacts.
ATTACHMENTS
None
Packet Page 36
CITY OF SEASIDE
STAFF REPORT
Item No.: 8.E.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Jessica Riley, Assistant Finance Director
DATE: December 1, 2022
SUBJECT: 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 SEPTEMER 30, 2022
RECOMMENDATION
Accept and file the City of Seaside and the Successor Agency to the Redevelopment Agency of the City of Seaside Cash and Investment Report for the quarter ending September 30, 2022.
BACKGROUND
Section 53646 of the California State Government code requires the fiscal officer to prepare a quarterly report detailing the City's and the Agency's cash and investments.
The City of Seaside's and the Successor Agency's Investment Policy requires a quarterly report. This report covers the Fiscal Year 2022-2023 1st quarter beginning July 1, 2022, and ending September 30, 2022.
The September 30, 2022 report shows that approximately 99% of the portfolio is City of Seaside funds and 1% is Successor Agency Funds. 44% of the funds are invested in the Local Agency Investment Fund with the State of California.
FISCAL IMPACT
None.
ATTACHMENTS
Packet Page 37
Item No. 8.E. Page 2 of 2
1. LAIF Program Description
2. LAIF Quarterly Apportionment Rates
3. PMIA Performance Report 20220930
4. Quarterly Investment Exhibits - 1Q quarter ended 09-30-22 Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 38
Program Description
The Local Agency Investment Fund (LAIF), a voluntary program created by statute, began in 1977 as an investment alternative for California's local governments and special districts and it continues today under Treasurer Fiona Ma's administration. The enabling legislation for the LAIF is Section 16429.1 et seq. of the California Government Code.
This program offers local agencies the opportunity to participate in a major portfolio, which invests hundreds of millions of dollars, using the investment expertise of the State Treasurer's Office professional investment staff at no additional cost to the taxpayer.
The LAIF is part of the Pooled Money Investment Account (PMIA). The PMIA began in 1955 and oversight is provided by the Pooled Money Investment Board (PMIB) and an in-house Investment Committee. The PMIB members are the State Treasurer, Director of Finance, and State Controller.
The Local Investment Advisory Board (LIAB) provides oversight for LAIF. The Board consists of five members as designated by statute. The State Treasurer, as Chair, or her designated representative, appoints two members qualified by training and experience in the field of investment or finance, and two members who are treasurers, finance or fiscal officers or business managers employed by any county, city or local district or municipal corporation of this state. The term of each appointment is two years or at the pleasure of the Treasurer.
All securities are purchased under the authority of Government Code Section 16430 and 16480.4. The State Treasurer's Office takes delivery of all securities purchased on a delivery versus payment basis using a third party custodian. All investments are purchased at market and a market valuation is conducted monthly.
Additionally, the PMIA has Policies, Goals and Objectives for the portfolio to make certain that our goals of Safety, Liquidity and Yield are not jeopardized and that prudent management prevails. These policies are formulated by Investment Division staff and reviewed by both the PMIB and the LIAB on an annual basis.
The State Treasurer's Office is audited by the Bureau of State Audits on an annual basis and the resulting opinion is posted to the State Treasurer’s Office website following its publication. The Bureau of State Audits also has a continuing audit process throughout the year. All investments and LAIF claims are audited on a daily basis by the State Controller's Office as well as an internal audit process.
Under Federal Law, the State of California cannot declare bankruptcy, thereby allowing the Government Code Section 16429.3 to stand. This Section states that "moneys placed with the Treasurer for deposit in the LAIF by cities, counties, special districts, nonprofit corporations, or qualified quasi-governmental agencies shall not be subject to either of the following: (a) transfer or loan pursuant to Sections 16310, 16312, or 16313, or (b) impoundment or seizure by any state official or state agency." During the 2002 legislative session, California Government Code Section 16429.4 was added to the LAIF's enabling legislation. This Section states that "the right of a city, county, city and county, special district, nonprofit corporation, or qualified quasi-governmental agency to withdraw its deposited moneys from the LAIF, upon demand, may not be altered, impaired, or denied in any way, by any state official or state agency based upon the state's failure to adopt a State Budget by July 1 of each new fiscal year." The LAIF has grown from 293 participants and $468 million in 1977 to 2,362 participants and $26.7 billion at the end of December 2019.
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Home ->> LAIF ->> Quarterly Apportionment Rates
Quarterly Apportionment Rates
March June September December
1977 5.68 5.78 5.84 6.45
1978 6.97 7.35 7.86 8.32
1979 8.81 9.10 9.26 10.06
1980 11.11 11.54 10.01 10.47
1981 11.23 11.68 12.40 11.91
1982 11.82 11.99 11.74 10.71
1983 9.87 9.64 10.04 10.18
1984 10.32 10.88 11.53 11.41
1985 10.32 9.98 9.54 9.43
1986 9.09 8.39 7.81 7.48
1987 7.24 7.21 7.54 7.97
1988 8.01 7.87 8.20 8.45
1989 8.76 9.13 8.87 8.68
1990 8.52 8.50 8.39 8.27
1991 7.97 7.38 7.00 6.52
1992 5.87 5.45 4.97 4.67
1993 4.64 4.51 4.44 4.36
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Packet Page 40
March June September December
1994 4.25 4.45 4.96 5.37
1995 5.76 5.98 5.89 5.76
1996 5.62 5.52 5.57 5.58
1997 5.56 5.63 5.68 5.71
1998 5.70 5.66 5.64 5.46
1999 5.19 5.08 5.21 5.49
2000 5.80 6.18 6.47 6.52
2001 6.16 5.32 4.47 3.52
2002 2.96 2.75 2.63 2.31
2003 1.98 1.77 1.63 1.56
2004 1.47 1.44 1.67 2.00
2005 2.38 2.85 3.18 3.63
2006 4.03 4.53 4.93 5.11
2007 5.17 5.23 5.24 4.96
2008 4.18 3.11 2.77 2.54
2009 1.91 1.51 0.90 0.60
2010 0.56 0.56 0.51 0.46
2011 0.51 0.48 0.38 0.38
2012 0.38 0.36 0.35 0.32
2013 0.28 0.24 0.26 0.26
2014 0.23 0.22 0.24 0.25
2015 0.26 0.28 0.32 0.37
2016 0.46 0.55 0.60 0.68
2017 0.78 0.92 1.07 1.20
2018 1.51 1.90 2.16 2.40
2019 2.55 2.57 2.45 2.29
2020 2.03 1.47* 0.84 0.63
2021 0.44 0.33 0.24 0.23
2022 0.32 0.75 1.35
*Revised 7/21/2020 per State Controller’s Office
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Packet Page 42
October 1.772
September 1.513
August 1.276
0.00003699565555327
0.980760962
LAIF Earnings Ratio(2):
LAIF Fair Value Factor(1):
PMIA Daily(1): 1.63%
LAIF Apportionment Rate 1.35 (2):
PMIA Quarter to Date(1): 1.29%
PMIA Average Life 304 (1):
Treasuries
66.57%
Agencies
19.19%
Certificates of
Deposit/Bank Notes
6.51%
Time
Deposits
2.30%
Commercial
Paper
5.02%
Corporate
Bonds
0.24%
Loans
0.17%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a).
Source:
(1) State of California, Office of the Treasurer
(2) State of Calfiornia, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 11/16/22
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 09/30/22
Chart does not include $3,715,000.00 in mortgages, which equates to 0.002%. Percentages may not total 100% due to rounding.
Pooled Money Investment Account
Monthly Portfolio Composition (1)
10/31/22
$215.3 billion
Packet Page 43
Exhibit A
DESCRIPTION INSTITUTION VALUATION AMOUNT
LAIF - City Funds State Treasurer Market $ 23,651,486.19 General Checking Bank of West Market $ 20,155,638.87
General Checking Mechanics Bank Market $ 0.00
Money Market Bank of West Market $ 6,680,699.97
Money Market Mechanics Bank Market $ 0.00
PARS Retirement Account US Bank Market $ 20,782.65
York Tail Claims Bank of America Market $ 20,021.90
Bond 2018 Cutino Reserve account US Bank Market $ 1,028,721.02 Bond 2018 Measure X Reserve account US Bank Market $ 1,238,846.52 Bond 2014 Reserve account US Bank Market $ 46.24
Bond 2006 Reserve & Installment accounts US Bank Market $ 339,564.52 Pension Obligation Bond Program Reserve account Wells Fargo Bank Market $ 822,477.84 Total $ 53,958,285.72
I hereby certify that sufficient investment liquidity and anitcipated revenues are available to meet the City's and the Agency's aniticipated expenditure requirements for the next six months. (California Code Section 53646)
Investments in this report meet the requirements of the City of Seaside's and the Successor Agency's Investment Policy.
Respectfully submitted,
Jaime Fontes
City Manager
CITY OF SEASIDE and THE SUCCESSOR AGENCY
SUMMARY OF POOLED CASH AND INVESTMENTS
AS OF SEPTEMBER 30, 2022
Packet Page 44
Exhibit B
Book % of Market
Yield Value Total Value
Investments
State Treasurer LAIF - City Account 0.37% 23,651,486.19 43.83% 23,651,486.19 Checking Account
Bank of West - General Checking 0.00% 20,155,638.87 37.35% 20,155,638.87 Mechanics - General Checking 0.00% 0.00 0.00% 0.00
Bank of West - Money Market 0.43% 6,680,699.97 12.38% 6,680,699.97 Mechanics - Money Market 0.00% 0.00 0.00% 0.00
PARS Retirement Account 0.77% 20,782.65 0.04% 20,782.65 Bank of America-York Checking 0.00% 20,021.90 0.04% 20,021.90 US Bank - Cutino Revenue 2018 Bonds
Installment Payment, Reserve 0.00% 1,028,721.02 1.91% 1,028,721.02 US Bank - Measure X Revenue 2018 Bonds
Installment Payment, Reserve 0.00% 1,238,846.52 2.30% 1,238,846.52 US Bank - Redevelopment Agency Merged Area Refunding 2014 Bonds Installment Payment, Reserve 0.12% 46.24 0.00% 46.24
US Bank - Golf Course 2006 Bonds
Installment Payment, Reserve 0.00% 339,564.52 0.63% 339,564.52 US Bank - PNC Equipment Lease Escrow Account 0.00% - 0.00% - Wells Fargo Bank
Pension Obligation Bond Program Reserve Account 0.67% 822,477.84 1.52% 822,477.84 Total Cash and Investments 100.00% 53,958,285.72 53,958,285.72 CITY OF SEASIDE and THE SUCCESSOR AGENCY
SUMMARY OF POOLED CASH AND INVESTMENTS
AS OF SEPTEMBER 30, 2022
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Exhibit C
ACCOUNT BEGINNING EXPENDED or INTEREST ENDING
INSTITUTION STATUS BALANCE DEPOSITED TRANSFERRED EARNED BALANCE
INVESTMENTS
LAIF - City OPEN $ 23,607,288.40 - 44,197.79 $ 23,651,486.19
CHECKING ACCOUNT
Bank of West - General Checking OPEN $ 31,761,854.20 17,730,350.68 29,336,566.01 $ 20,155,638.87 Rabobank - General Checking OPEN $ 1,893,693.47 - 1,893,693.47 $ 0.00 Bank of West - Payroll Checking OPEN $ - 10,480,219.96 10,480,219.96 $ - Mechanics - Payroll Checking OPEN $ - - - $ -
Bank of West - Money Market OPEN $ 6,666,327.05 - - 14,372.92 $ 6,680,699.97 PARS Retirement Account OPEN $ 16,522.33 16,080.00 11,891.26 71.58 $ 20,782.65 York Tail Claims OPEN $ 25,926.06 - 5,904.16 - $ 20,021.90
BOND RESERVE ACCOUNT - HELD BY TRUSTEES
Bond 2018 Cutino Accounts - Reserve, Interest OPEN $ 1,028,708.05 - - 12.97 $ 1,028,721.02 Bond 2018 Meas X Accounts - Reserve, Interest OPEN $ 3,372,099.81 - 2,133,293.16 39.87 $ 1,238,846.52 Bond 2014 Accounts - Reserve, Interest OPEN $ 0.00 148,131.25 148,131.25 46.24 $ 46.24 Bond 2006 Accounts - Reserve, Installment OPEN $ 568,214.58 8.42 228,664.67 6.19 $ 339,564.52 Wells F Pension Obligation Bond Prog-Reserve Acct. OPEN $ 14,891.37 806,197.68 - 1,388.79 $ 822,477.84 $ 68,955,525.32 29,180,987.99 44,238,363.94 60,136.35 $ 53,958,285.72 CITY OF SEASIDE and THE SUCCESSOR AGENCY
CASH AND INVESTMENT ACTIVITY REPORT FOR THE PERIOD
JULY 1, 2022 THROUGH SEPTEMBER 30, 2022
Packet Page 46
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: December 1, 2022
SUBJECT: ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO THE
PROFESSIONAL SERVICE AGREEMENT WITH WALLACE GROUP
FOR THE DEL MONTE MANOR STORM DRAIN IMPROVEMENTS
PROJECT FOR AN AMOUNT NOT TO EXCEED $11,062.48 AND
APPROPRIATING A BUDGET AMENDMENT OF $13,062.48
RECOMMENDATION
Adopt a resolution authorizing an amendment to the Professional Services Agreement with Wallace Group to perform additional construction management and inspection services for the Del Monte Manor Storm Drain Improvements Project for an amount not to exceed $11,062.48, resulting in a total contract amount of $75,458.00, and appropriate $13,062.48 from the General Fund to the project budget.
BACKGROUND
The Del Monte Manor Storm Drain Improvements Project ("project") includes the regrading of the existing detention basin located on the parcel's southwestern corner, and the construction of stormwater infiltration chambers and storm drain infrastructure.
The project also includes the construction of fencing, an irrigation system, and flatwork improvements.
On May 3, 2022, Wallace Group (Wallace) entered into a Professional Services Agreement (PSA) with the City to perform construction management and inspection services for the Del Monte Manor Storm Drain Improvements Project in the amount of $57,496.00. A contingency of $6,899.52 was approved, along with the approval of the Professional Services Agreement, via resolution on April 21, 2022. Due to multiple project delays and changes, Wallace has expended effort in excess of the contracted amount. A change order in the amount of the project contingency, amounting to Packet Page 47
Item No. 8.F. Page 2 of 3
$6,899.52 is pending approval. This change order expended the contingency for the existing Professional Services Agreement with Wallace. Wallace has provided the City with a proposal for the remaining effort to complete the construction management and inspection tasks for the project, in excess of the $6,899.52 contingency.
Construction began on the project on June 21, 2022, and was originally scheduled to be completed on September 12, 2022. Due to storm drain flow monitoring equipment substitutions, changes to the grading of the detention basin, and power supply logistics for the irrigation controller, the date of final completion is now anticipated to be January 2023.
The City does not have the personnel resources to support the construction management needs of the project at this time. At the request of the City, Wallace submitted a proposal to provide additional construction management and inspection services in the amount of $11,062.48. These services include submittal review, contractor coordination, response to contractor's request for information, processing change order requests, quantity calculations, progress estimates, daily inspections, site documentation, materials testing coordination, and project closeout.
Staff recommends adopting a Resolution (Attachment 1) authorizing the City Manager to execute an Amendment (Attachment 2) to the Professional Services Agreement with Wallace Group for an amount not to exceed $11,062.48 for construction management and inspection services for the Del Monte Manor Storm Drain Improvements Project.
FISCAL IMPACT
The Amendment to the Professional Services Agreement with Wallace Group to perform additional construction management and inspection services is for a not to exceed amount of $11,062.48. A contingency of approximately 18% adds $2,000.00 for a total of $13,062.48 for construction management and inspection services.
The current revised fiscal year 2022/2023 budget for the Del Monte Manor Storm Drain Improvements (account 271-8910-9961) is $854,464.00. The project requires additional construction management and inspection services. Based upon the services necessary for the project to reach completion and the construction contingencies, an additional amount of $13,062.48 from the General Fund is needed to complete the project. If approved, this would result in a revised project budget of $867,526.48.
ATTACHMENTS
1. Resolution
2. PSA Amendment
Packet Page 48
Item No. 8.F. Page 3 of 3
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 AN AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH WALLACE GROUP TO PERFORM CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES FOR THE DEL MONTE MANOR
STORM DRAIN IMPROVEMENTS PROJECT FOR AN AMOUNT NOT TO EXCEED $11,062.48 AND APPROPRIATING $13,062.48 FROM THE GENERAL FUND TO
THE PROJECT BUDGET
WHEREAS, the Del Monte Manor Storm Drain Improvements Project (Project) is adopted in the fiscal year 2022/2023 Capital Improvement Program (CIP) annual budget; and
WHEREAS, on May 3, 2022, the City approved a Professional Services Agreement with Wallace in the amount of $57,496.00 to perform construction management and inspection services for the Del Monte Manor Storm Drain Improvements Project; and WHEREAS, the project began construction on June 21, 2022, and the construction schedule has been extended due to unforeseen delays; and WHEREAS, the project continues to require frequent inspections, and construction management support to review submittals and respond to request for information submitted by the contractor during construction, and the city does not have the staffing resources to support this project; and
WHEREAS, Wallace submitted a proposal for additional construction management and inspection services for the Del Monte Manor Storm Drain Improvements Project through project closeout, in the amount of $17,962.00, of which $6,899.52 was covered through previously approved contingency, leaving $11,062.48 to be appropriated to the project budget; and
WHEREAS, Staff has determined the additional proposed scope of work and budget are reasonable; and
WHEREAS, an amount of $2,000.00 contingency, approximately 18% of the contract amendment value, should be authorized on an as required basis; and Packet Page 50
WHEREAS, the City has determined that the project budget (Account No. 271- 8910-9961) including additional contingency, construction management, and inspection services, is $867,526.48, requiring an additional $13,062.48 to complete the project; and WHEREAS, there is sufficient General Fund balance to fund the additional budget request.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute an Amendment to the Professional Services Agreement with Wallace Group to perform additional construction management and inspection services for the Del Monte Manor Storm Drain Improvements Project for an amount not to exceed $11,062.48 and written amendments such that the total Agreement does not exceed $75,458.00; and
BE IT FURTHER RESOLVED, that the City Council of the City of Seaside approves a fiscal year 2022/2023 budget appropriation in the amount of $13,062.48 from the General Fund to the project budget (271-8910-9961), to fund the additional construction management work; and
PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 1st day of December, 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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CONTRACT AMENDMENT #2
PROFESSIONAL SERVICES
City of Seaside
Date: November 4, 2022 Change Requested by: _ _ City/District _X_ Consultant Contract Date Project Name
___05/03/2022__ ___Del Monte Manor Storm Drain Improvements 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 Exhibits A, A1, and A2 attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibits A, A1, and A2.
MODIFY the following text in Section 22, “Contents of Request for Proposal and Proposal.” Consultant is bound by the contents of City's Request for Proposal, Exhibit "D" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibits A, A1, and A2 attached hereto.
Original Contract
Amount
Previous CCO Total (Not
including this
Amendment)
This
Amendment
Total
Revised Contract
Amount
$57,496.00 $6,899.52 $11,062.48 $75,458.00
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 52
CONTRACT AMENDMENT #2
PROFESSIONAL SERVICES
City of Seaside
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, PE 66026
Signature Name and Title Date
11-16-22
November 17, 2022
Packet Page 53
CONTRACT AMENDMENT
Project Name: Del Monte Manor Park LID CM CA No. 2
Client Name: City of Seaside Project/Phase No. 1284-0025 Attention: Nisha Patel, Public Works Director / City
Engineer
Date: November 7, 2022
Address: 440 Harcourt Ave, Seaside CA 93955
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 May 3, 2022. If approved, please return one signed original Contract Amendment to Wallace Group.
Description and Purpose of the Revision(s)
We are requesting additional budget for completing additional project management and construction management work at the subject site. This contract amendment also estimates the future additional work that may necessitate additional budget.
1. Six (6) additional Working Days were added to the Construction Contract. We expect that there will three (3) more additional working days added for the permanent power and the concrete pads at the interpretative signs. The additional working days would equate to approximately 18 hours.
2. We have had twenty-one (21) weekly meetings and one (1) meeting with Flow Sensor manufacturer and one (1) meeting with the irrigation subcontractor, K&D Landscaping, for a total of twenty-three (23) meetings held to date. We expect three (3) more meetings to occur to close-out the project. Therefore, we estimate that sixteen (16) additional meetings, or twenty-six (26) total meetings, to complete the project. The 16 additional meetings would equate to approximately 32 hours of additional staff time.
3. Two (2) Pre-Con Meetings – One (1) meeting occurred before NTP along with one follow up meeting. The one (1) additional meeting would equate to approximately 2 hours of additional staff time.
4. Total of thirty-five (35) Submittals including revisions have been reviewed. We do not expect additional submittal review. The fifteen (15) additional submittals equates to 15 hours of additional staff time.
5. The project has twenty-one (21) RFIs currently processed. There could possibly be a couple more since Landscaping and the Electrical work are not complete. Therefore, we expect to have thirteen (13) RFIs in addition to the ten (10) proposed would equate to approximately 26 hours of additional staff time.
6. We created a Warranty for the SDMH in Sonoma Ave. This equates to approximately 4 hours of additional staff time.
The additional work outlined above equates to eighty-one (81) additional hours of staff time, or $17,962 (see attached estimated cost). Contract Amendment #1 for $6,899.52 was issued to cover some of the additional cost. This contract amendment is requesting $11,062 for the balance of additional costs.
Exhibit A2
Packet Page 54
CA #2
City of Seaside
November 7, 2022
Revision(s) Represent: Revision(s) Fee:
( ) a change in previous instructions (x) hourly (time & materials) $11,062 (x) a change in Scope of Services ( ) progress billing: $ ( ) other: ( ) not-to-exceed w/o authorization: $
Revision(s) will be invoiced as:
(x) increase to an item within the existing contract
( ) a new item added to existing contract
Issued by,
WALLACE GROUP, a California Corporation APPROVED BY CLIENT:
Kari E. Wagner, PE C66026 ____________________________________ Principal Signature
612 Clarion Court ____________________________________
San Luis Obispo Printed Name
California 93401 ____________________________________
T 805 544-4011 Title
F 805 544-4294 ____________________________________
www.wallacegroup.us Date
Exhibit A2
Packet Page 55
Wallace Group Team Resource Estimate for the
Del Monte Manor Park Low Impact Development CM - Additional Budget Request PRINCIPAL PRINCIPAL ENGINEER CM Director CONSTRUCTION INSPECTOR II Misc. Direct Costs TOTAL LABOR HOURS TOTAL PHASE/TASK TASK DESCRIPTION HRS HRS HRS HRS Cost HRS LABOR COST RATE $238 $228 $187 $162 $ $
1.0 Pre-Construction Phase Services 1 1 2 $349 $349
2.0 Construction Phase 6 65 24 $176 95 $17,411 $17,587
3.0 Post Construction Phase
SUB-TOTALS 6 66 25 $176 97 #REF! $17,936
WALLACE GROUP LABOR COSTS $1,368 $12,342 $4,050 $17,760 WALLACE GROUP DIRECT COSTS $176
DIRECT COSTS OVERHEAD @ 15% $26
TOTAL $17,962
Task Budgets may fluctuate within Overall Budget
Add Fee DMM 221010.xlsx Summary Page 1 11/3/2022
Exhibit A2
Packet Page 56
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
Leslie Llantero, Assistant Engineer
DATE: December 1, 2022
SUBJECT: ADOPT A RESOLUTION APPROVING THE ANNUAL PROGRAM
COMPLIANCE REPORT IN SUPPORT OF PROJECTS FUNDED BY
MEASURE X AND AUTHORIZING STAFF TO SUBMIT THE
REPORT TO THE TRANSPORTATION AGENCY FOR MONTEREY
COUNTY
RECOMMENDATION
Adopt a resolution approving the annual compliance report in support of projects funded by Measure X and authorizing staff to submit the Report to the Transportation Agency for Monterey County (TAMC) in order for the City to continue receiving the revenue generated from Measure X funds.
BACKGROUND
On November 8, 2016, the voters of Monterey County, approved Measure X on the Monterey County Ballot, thereby authorizing TAMC to impose and administer the proceeds from a three-eighths cent transaction and use tax (Measure X). Measure X is estimated to generate $600 million over 30 years for transportation improvements in Monterey County. Of that amount, $360 million (60%) will be distributed to the cities and the County for local projects, while the remaining $240 million (40%) is programmed to regional safety and mobility projects.
The duration of the Measure X sales tax will be 30 years from the initial year of collection, which began April 1, 2017, with said tax to terminate/expire on March 31, 2047. The tax proceeds will be used to pay for the programs and projects outlined in TAMC’s Transportation Safety and Investment Plan (the “Measure X Investment Plan”), as it may be amended.
Packet Page 57
Item No. 8.G. Page 2 of 3
As required in the Master Program Funding Agreement between TAMC and the City, the City must submit to TAMC an Annual Program Compliance Report (Attachment 2) by December 31st for each Fiscal Year the Measure X funds are in effect. Attachments required for the Annual Program Compliance Report are the Independent Audit of Financial Statements, Five-Year Capital Improvement Program (CIP), Pavement Management Program Report, and Project Photos, as described below. • Independent Audit of Financial Statements – Staff is currently working on the Independent Audit of Financial Statements for Measure X Funds. This will be completed and included in the Annual Report to TAMC.
• Measure X CIP - List of eligible transportation projects that are anticipated to be funded with the jurisdiction’s share of Measure X funds. Projects in the current Fiscal Year funded by Measure X are based upon the approved CIP and additional upcoming traffic calming projects. Subsequent projects identified in the remaining 4 years of the Measure X CIP include projects funded by Measure X and SB1. Specific street segments for pavement rehabilitation will be identified upon completion of the City's Pavement Management Program Update five year forecast.
• Pavement Management Program (PMP) Report - A letter confirming that the City's PMP Update conforms to the criteria established by TAMC. • Project Photos - Before and after project photos from the reporting year. There were two projects that were funded with Measure X funds; Arterial & Collector Roadway Rehabilitation Project and Storm Drain Safe Grates.
Staff recommends the City Council adopt a resolution authorizing staff to submit the Annual Program Compliance Report to the Transportation Agency of Monterey County.
ENVIRONMENTAL COMPLIANCE
This action is not defined as a project under the California Environmental Quality Act (CEQA) in accordance with Title 14 of the California Code of Regulations, Chapter 3, Article 20, Section 15378 (b.4).
Evidence:
The proposed action is a government funding mechanism, not a project, and fiscal activities do not involve commitment to one specific project.
FISCAL IMPACT
Revenues generated from Measure X over the next 30 years is estimated to be $22 million for the City of Seaside for transportation improvements. Annual revenue to the City from Measure X is expected to be about $1,000,000.00. The proposed annual Packet Page 58
Item No. 8.G. Page 3 of 3
expenditures are less than the expected Measure X revenues. Therefore, there will be no fiscal impact to the City.
ATTACHMENTS
1. Resolution Measure X Annual Report
2. Rev DRAFT_Annual Program Compliance Report
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 59
RESOLUTION NO. 22-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE
APPROVING THE ANNUAL PROGRAM COMPLIANCE REPORT IN SUPPORT OF
PROJECTS FUNDED BY MEASURE X AND AUTHORIZING STAFF TO SUBMIT REPORT TO THE TRANSPORTATION AGENCY FOR MONTEREY COUNTY.
WHEREAS, the Master Funding Agreement (Agreement) between the Transportation Authority for Monterey County (TAMC) and the City was approved by City Council on June 15, 2017 (Res 17-40); and
WHEREAS, the Annual Program Compliance Report, per the Agreement, is a document produced by the City which describes the efforts taken by the jurisdiction to comply with Measure X funding agreement; and
WHEREAS, the Independent Audit of Financial Statements, Attachment 1 of the Annual Program Compliance Report, is in progress and will be included in the Annual Report submitted to TAMC; and
WHEREAS, the Five-Year Capital Improvement Program and the Pavement Management Program Report are included as Attachments 2 and 3 to the Annual Program Compliance Report; and
WHEREAS, the Agreement requires the submittal of an Annual Program Compliance Report by December 31st each year the Measure X funds are in effect; and WHEREAS, under the California Environmental Quality Act (CEQA) in accordance with Title 14 of the California Code of Regulations, Chapter 3, Article 20, Section 15378 (b.4), this action is not defined as a project and is not subject to CEQA, as it is defined as a government funding mechanism.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside hereby authorizes staff to submit the Annual Program Compliance Report in support of the Measure X Program, to the Transportation Agency for Monterey County.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 1st day of December 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
________________________________
Ian N. Oglesby, Mayor
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ATTEST:
_____________________________
Dominique L. Davis, City Clerk
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THE CITY OF SEASIDE
MEASURE X ANNUAL PROGRAM COMPLIANCE REPORT
FISCAL YEAR 2021/2022
The City of Seaside Annual Program Compliance Report presents the City’s efforts and actions taken during the fiscal year (FY) 2021/2022 on the programing and use of Measure X to fund local roadway rehabilitation projects within the City of Seaside.
The City of Seaside received a Bond of approximately $10,000,000 for improvements to various roadways as part of the Pavement Rehabilitation Project for both the design and construction elements. The Bond financing payments use Measure X Revenues, which are included in the Measure X Revenues in the table below. The expenditures that utilize the Bond supported funds are also included in the table below, however they are expended in a different fund and are not included in the Fund Balance Totals.
The revenue earned in FY21/22 that was not expended by the end of the Fiscal Year will be carried over and applied to the projects programmed for FY22/23.
CITY OF SEASIDE - FISCAL YEAR UNAUDITED 2021/22 BALANCE SHEET
REVENUES
Carryover from Previous Year* $ 2,070,812.00
Measure X Revenues $ 1,262,346.57
Earning on Interest $ 4,223.52
TOTAL REVENUES: $ 3,337,382.09
EXPENDITURES – MEASURE X
A&C Rehab Construction Phase 3 $ 709,495.76
FY 2021/2022 Pavement Rehabilitation (Design) $ 6,281.74 Street Sign Upgrades $ 100,848.52
Pavement Management Program Update $ 2,085.05
Debt Service – Measure X Bond $ 642,222.02
Audit Fee $ 4,552.86
TOTAL EXPENDITURES: $ 1,465,485.95
EXPENDITURES – BOND SUPPORTED
A&C Rehab Construction Phase 3 $ 2,075,449.41
FY 2021/2022 Pavement Rehabilitation (Design) $ 57,843.75 TOTAL BOND EXPENDITURES: $ 2,133,293.16
TOTAL EXPENDITURES (MSR X AND BOND): $ 3,598,779.11
FUND BALANCE, END OF PERIOD (MSR X): $1,871,896.14
* FY 20/21 Audited Report
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Project Details
Title: Arterial and Collector Rehabilitation Project Phase 3 Description:
The actions performed by City staff in fiscal year (FY) 21/22 included construction of Phase 3 of the Arterial and Collector Roadway Rehabilitation (A&C Rehab) Project. The A&C Roadway Rehabilitation Project is spanning multiple years and had phased Construction Bid Packages.
The scope of the project was selected utilizing the Pavement Management Program (PMP), which was updated by StreetSaver. A list of roadways recommended for treatment was generated utilizing the updated Decision Tree Matrix and Budgetary scenarios outlined within the program.
Following the preliminary roadway selection, the City assessed the roadways selected and revised the list as necessary to meet the needs of the community. City Council held study sessions on the PMP, and the roadways preliminarily selected for treatment, on April 9, 2018, June 7, 2018, July 10, 2018, and March 7, 2019. Based on Council direction to focus on upgrading major arterial and collector streets, staff developed preferred treatment scenarios identifying the City’s ability to improve the condition of the citywide roadway network with the use of Measure X funds.
On November 1, 2018 the City awarded a contract with Harris and Associates for the preparation of design and construction bid documents, construction inspection and testing, and overall construction management services for Phase 2 and 3 A&C Rehab Project. The design and construction of this project is funded through a combination of Measure X Funds, SB1 funds, and Measure X supported Bond revenue. Phase 2 construction was completed in November 2019.
The construction of Phase 3 was awarded to Teichert Construction on May 20, 2020 and was completed in August 2021. The scope of the work included base repairs, surface seal, AC overlay, full depth pavement rehabilitation and striping of various arterial and collector roadways within the City. The project was funded through Measure X Funds, SB1 funds, Safer Streets Pilot Program, and Measure X supported Bond revenue.
Benefits: At the completion of the project, it is anticipated that the overall PCI of the major arterial and collector network within the City will be improved. These roadways interconnect all the neighborhoods within the City and provide routes for access to businesses, schools, and highways. In addition, many pedestrian ramps will be improved near schools and high pedestrian locations allowing for alternative means of travel for all ages and abilities. Improving these roadways and pedestrian facilities by the completion of this project, will positively impact the majority of the community members’ commute, providing an overall safer route for the residents and patrons of the City of Seaside.
Phase: Construction of Phase 3.
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Title: FY 2021/2022 Pavement Rehabilitation
Description:
The actions performed by City staff in fiscal year (FY) 21/22 included design of FY 2021/2022 Pavement Rehabilitation Project. Several roadway segments from the previous pavement rehabilitation project (A&C Roadway Rehabilitation Project Phase 3) were removed from the project due to utility conflicts and Caltrans permitting delays. The roadway segments include the north and south portions of Fremont Boulevard, Kimball Avenue and Wheeler Street. The City incorporated citywide striping into the scope of the project and several locations of base repairs.
The design was completed at the end of FY 21/22. The project will be constructed FY 2022/23.
The scope of the work included base repairs, surface seal, AC overlay, full depth pavement rehabilitation, and citywide striping. The project is funded through Measure X funds, Regional Surface Transportation Program (RSTP) funds, and Measure X supported Bond revenue.
Benefits: At the completion of the project, it is anticipated that the overall PCI of the arterial and collector network within the City will be improved. Base repairs on residential/local streets will improve drivability and the quality of the roadway, and alleviate further pavement deterioration.
Citywide striping improves safety for motorists and pedestrians and compliments the regulatory signage. It also allows us to update/remove unnecessary markings.
Phase: Design
Title: Street Sign Upgrades
Description:
The actions performed by City staff in fiscal year (FY) 21/22 included installation of street signs within the City. All street name signs were replaced within the City to confirm to the Manual on Uniform Traffic Control Devices (MUTCD) sizing and reflectivity requirements.
The installation of all signs was completed in FY 21/22. The scope of the work included procurement and replacement of the street signs. The project is funded through Measure X funds.
Benefits: The completion of the project enhanced the visibility of City street signs and improved safety for motorists and pedestrians. The signage keeps the City in compliance with MUTCD requirements.
Phase: Installation
Title: Pavement Management Program Update
Description:
The actions performed by City staff in fiscal year (FY) 21/22 included a comprehensive evaluation and update of the City’s Pavement Management Program and the purchase of an annual subscription to StreetSaver. The purpose of a Pavement Management Program is to track inventory, store work history and furnish budget estimates to optimize funding for improving the DRAFT
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city’s pavement system. StreetSaver provides the City with a powerful pavement management system analysis tool to better maintain our local streets and roads.
The annual subscription was renewed in March 2021. The scope of the work for the Pavement Management Program Update included an inspection of the city’s pavement and updated the condition in the StreetSaver program. The project is funded through Measure X funds, and Regional Surface Transportation Program (RSTP) funds.
Benefits: This Pavement Management Program will assist the City in its efforts to monitor treatments and track their effectiveness and help the City in setting future priorities and treatment policies. Update to the Pavement Management Program will assist the city in determining the roadway sections selected for pavement rehabilitation for future pavement projects.
Phase: Subscription costs
List of Attachments
The following Attachments are included in the Annual Program Compliance Report:
ATTACHMENT 1: Annual Independent Audit (Staff is currently working on the Independent Audit of Financial Statements for Measure X Funds. This will be completed and included in the Annual Report to TAMC.)
ATTACHMENT 2: Five-Year Capital Improvement Program
ATTACHMENT 3: Pavement Management Program Report
ATTACHMENT 4: Project Photos
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Attachment 1
Independent Audit of Financial Statements
Staff is currently working on the Independent Audit of Financial Statements for Measure X Funds. This will be completed and included in the Annual Report to TAMC.
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CITY of SEASIDE Attachment 2
MEASURE X FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM
FOR FISCAL YEARS 2022/23 – 2026/27
YEAR 1 (FY22/23)
YEAR 2 (FY23/24)
Project Description & Phase Total Cost Measure X
(Bond)
PCI
FY 21/22
Pavement
Rehabilitation
Construction - Surface Seal
portions of Fremont Blvd., Full
Depth HMA on Kimball Ave.
and Wheeler Street, several
locations of base repairs, and
street striping (striping review)
$2,287,383
$1,004,186
($1,237,910) <50
FY 22/23
Pavement
Rehabilitation
Design & Construction -
Residential Road Rehabilitation $2,400,000 $587,596 <60 Ord Terrace
Elementary
School Traffic
Safety
Improvements
Design – Rectangle rapid
flashing beacon off set cross
walk and corresponding signage
and pavement marking on La
Salle Avenue
$70,000 $70,000 NA
School Area
Speed
Reduction
Zones
Design & Construction –
Installation of school speed limit
signs and school zone signs $104,999 $104,999 NA
Hilby Avenue
Traffic
Calming
Conceptual Plan – Develop plan
for traffic calming on Hilby
Avenue from Wheeler Street to
General Jim Moore Blvd.
$85,000 $85,000 NA
Totals: $4,972,381 $3,089,691
Project Description & Phase Total Cost Measure X PCI
FY 23/24
Pavement
Rehabilitation
Design & Construction -
Residential Road Rehabilitation $900,000 $200,000 <60
Ord Terrace
Elementary
School Traffic
Safety
Improvements
Construction - – Rectangle rapid
flashing beacon off set cross
walk and corresponding signage
and pavement marking on La
Salle Avenue
$130,000 $130,000 NA
Hilby Avenue
Traffic
Calming
Design & Construction – traffic
calming measure on Hilby
Avenue from Wheeler St to
General Jim Moore Blvd.
$700,000 $500,000 NA
San Pablo
Traffic
Calming
Design & Construction – traffic
calming measures on San Pablo
from Mescal St to General Jim
Moore Blvd.
$300,000 $200,000 NA
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CITY of SEASIDE
MEASURE X FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM
FOR YEARS 2020/21 – 2024/25
S:\CIP\Active Projects\Measure X\Funding and Reporting\FY2021-22 Report to TAMC\5Yr CIP\Attachment 2_Five-Year CIP_LBL.docx YEAR 3 (FY24/25)
YEAR 4 (FY 25/26)
YEAR 5 (FY 26/27)
Project Description & Phase Total Cost Measure X
(BOND)
PCI
Residential
Streets
Remove & Replace Failed Road
Sections on Residential Streets $900,000 $300,000 <60
Totals: $900,000 $300,000
DEFINITIONS OF REQUESTED INFORMATION:
1. Project: The title of the project to receive Measure X funding.
2. Description & Phase: A general description of the project and the phase (e.g. Environmental; Design; Right-of-Way; or Construction) that will be funded in the given year.
3. Total Cost: The total cost of the project.
4. Measure X: The amount of Measure X funding that will be expended on the project.
5. PCI: The Pavement Condition Index for the roadway, from the local jurisdiction’s Pavement Management Program.
Totals: $2,030,000 $1,030,000
Project Description & Phase Total Cost Measure X
(BOND)
PCI
FY 24/25
Pavement
Rehabilitation
Design & Construction:
Rehabilitate deteriorated
roadway sections within the City
$900,000 $400,000 <60
Totals: $900,000 $400,000
Project Description & Phase Total Cost Measure X
(BOND)
PCI
FY 25/26
Pavement
Rehabilitation
Design & Construction:
Rehabilitate deteriorated
roadway sections within the City
$900,000 $300,000 <60
Totals: $900,000 $300,000
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Attachment 4
Arterial and Collector Rehabilitation Project Phase 3
Circle Avenue from Military Avenue to Grand View Street Before Photos
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Attachment 4
After Photos
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Attachment 4
Mira Mar Avenue from Highland to Cross
Before
After
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Attachment 4
Sonoma Avenue to Fremont Boulevard to Terrace Street
Before
After
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Attachment 4
Street Sign Upgrades
Typical
Before
After
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Attachment 4
Before
After
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Attachment 4
Before
After
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Attachment 4
Before
After
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CITY OF SEASIDE
STAFF REPORT
Item No.: 8.H.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: December 1, 2022
SUBJECT: APPROVE CO-SPONSORSHIP AND FEE WAIVER FROM DELTA
SIGMA THETA SORORITY, INCORPORATED FOR COSTS
ASSOCIATED WITH THE 2023 MARTIN LUTHER KING, JR.
MARCH AND PROGRAM ON JANUARY 16, 2023
RECOMMENDATION
Approve a request from the Delta Sigma Theta Sorority, Incorporated for cosponsorship and fee waiver for the costs associated with the 2023 Martin Luther King Jr. March and Celebration on January 16, 2023, in the amount of $6,616.44.
BACKGROUND
The Delta Sigma Theta Sorority, Incorporated is planning to hold the annual march and post-march event honoring Martin Luther King, Jr. on Monday, January 16, 2023, from 7:00 a.m. to 6:00 p.m. This event will also be held in memory of Alice Jordan. She has been the primary coordinator of this march since this national holiday was established in 1986. The City of Seaside has co-sponsored the march and waived all fees and charges related to it since its inception.
The Delta Sigma Theta Sorority is requesting a full fee waiver for costs associated with the 2023 march, including the use of the Oldemeyer Center auditorium and meeting rooms necessary for their post-march event. A Special Event Application was submitted for review by the Special Event Committee. The attached information details the specifics of this event.
FISCAL IMPACT
Fees that would have been credited to the General Fund will not be collected if the fee Packet Page 83
Item No. 8.H. Page 2 of 2
waiver is granted.
The City’s adopted fee schedule includes the following approximate fees, which are applicable to this request:
Laguna Grande Combo 11 Hours @ $56.25 $ 618.75
Room Rentals (Bayonet, Blackhorse, Seaside & Seahorse) $1,165.00 Special Event Application Fee $ 110.00
Non-Refundable Portion Deposit $ 92.25
Insurance $ 85.00
Police Fees $ 346.00
Public Works Fees $4,199.44
TOTAL $6,616.44
ATTACHMENTS
1. MLK 2023 March Fee Waiver & Special Event Application
2. MLK March & Celebration - Map 2023
3. Temporary Street Closure Policy- MLK March & Celebration 2023 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.I.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: December 1, 2022
SUBJECT: APPROVE A FEE WAIVER REQUEST FROM ACTION COUNCIL -
BUILDING HEALTHY COMMUNITIES FOR THE USE OF THE
LAGUNA GRANDE HALL AND KITCHEN FOR THEIR YOUTH
SUMMIT ON DECEMBER 18, 2022
RECOMMENDATION
Approve the fee waiver request from Action Council - Building Healthy Communities for the use of the Laguna Grande Hall and Kitchen to hold their Youth Summit in the amount of $760.00, the organization to provide the City with the non-refundable portion of the deposit of $92.25.
BACKGROUND
The Action Council Building Healthy Communities is requesting a fee waiver for the use of Laguna Grande Hall and kitchen for their Youth Summit, which will be held on December 18, 2022. Their Seaside Rising Youth Leadership Academy is an eight-week program. The year end youth summit is to honor the students that are receiving a CSUN Cares for Students (CSS) Grant. The vast majority of these students become academic achievers for the first time as a result of this program. Each participant is recognized with a certificate from local elected officials including the Mayor.
Staff recommends that the fees be waived for the rental cost of the facility and that the organization pay only the non-refundable portion of the deposit of $92.25 to go towards the building maintenance fund.
FISCAL IMPACT
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impact is as follows:
Laguna Grande Hall & Kitchen Rental Fee 12 Hours
@ $56.25
$675.00
Liability Insurance $ 85.00
Non-Refundable Deposit $ 92.25
TOTAL $852.25
Should the City Council approve the request with the staff recommendation to waive all rental fees but require payment for the non-refundable deposit only. The fiscal impact is $760.00.
ATTACHMENTS
1. Fee Waiver Request - Action Council - Building Healthy Communities - Youth Summit
2. 501(c)(3) Information - Action Council - Building Healthy Communities 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: Victor Damiani, Finance Director
DATE: December 1, 2022
SUBJECT: ADOPT A RESOLUTION MAKING ADDITIONAL REQUIRED
FINDINGS AND ACCEPT DEVELOPMENT IMPACT FEES REPORTS
FOR THE FISCAL YEAR ENDING JUNE 30, 2020, FISCAL YEAR
ENDING JUNE 30, 2021 AND FISCAL YEAR ENDING JUNE 30,
2022
RECOMMENDATION
Accept Development Impact Fees Reports for fiscal year ending June 30, 2020, fiscal year ending June 30, 2021 and fiscal year ending June 30, 2022 and adopt a resolution making additional required findings.
BACKGROUND
In order to comply with the California Government Code Subsection 66006(b)(1), the City must report annually on the amount of Development Impact Fees collected, the beginning and ending balances in the account and any interest earned. The reports are due within one hundred eighty days of the close of the fiscal year. The council must review the information at a regularly scheduled public meeting not less than 15 days after the information is made available.
The required reports were first made available to the Council and to the public on Thursday, November 17, 2022.
The Mitigation Fee Act, California Government Code Section 66000 et. seq. authorizes the City of Seaside (City) to impose, collect and expend mitigation fees to offset the impact of development within the City. The only impact fees currently collected by the City are imposed as conditions of approval in specific developer agreements and are commonly referred to as "fair share fees". The City has adopted a water capacity fee.
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fees have certain annual reporting requirements and if unspent balances remain after five years, the City must make certain findings regarding the fees after five years and every five years thereafter.
While the City collected some such impact fees as early as 2003, there is no evidence that the reports have been prepared and published or findings made in the recent past.
To correct this oversight, Finance Department staff have prepared the attached reports for the last three years. The findings that must be made by the Council are as follows:
1. Identify the purpose to which the fee is to be paid.
2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.
3. Identify all sources and amounts of funding anticipated to complete financing for incomplete improvements identified in (1) above.
4. Designate the approximate dates on which the funding referred to in (3) above is expected to be deposited into the appropriate account or fund.
FISCAL IMPACT
The reports provide the financial status of the Development Impact Fees fund maintained by the City. The balance of the fund as of June 30, 2022 was $837,014.09
ATTACHMENTS
1. Development Impact Fees Annual Report_FY20
2. Development Impact Fees Annual Report_FY21
3. Development Impact Fees Annual Report_FY22
4. Reso_Dev Impact Fees
5. Reso_Exhibit A
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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City of Seaside, California
Development Impact Fees Report
Developer Agreement Fair Share
Fees
Fiscal Year Ended June 30, 2020
Prepared by City of Seaside Finance Director
Victor Damiani
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City of Seaside, California
Development Impact Fees Report
Developer Fair Share Fees
Fiscal Year Ended June 30, 2020
pg. 1
For purpose of compliance with California Government Code Subsection 66006(b)(1), the following information regarding AB 1600 fees is presented in connection with the City’s Impact Fees fund:
(A) A brief description of the type of fee in the account or fund.
Fair Share Fees - Fees collected are used for the planning, design, construction or support activities of facilities in existence at the time the charge is imposed or for new facilities to be constructed in the future that are necessitated by the development project. (B) The amount of the fee.
FY 2019/2020:
(C) The beginning and ending balance of the account or fund. See statement below. (D) The amount of the fees collected and the interest earned. See statement below.
Statement of Revenues, Expenditures and Changes in Fund Balance
REVENUES
Fees $ -
Interest $ -
Total Revenues $ -
EXPENDITURES
Expenditures $ -
Total Expenditures $ -
OTHER FINANCING SOURCES (USES)
Transfers in $ -
Transfers out $ -
Total Other Financing Sources & Uses $ -
REVENUES OVER (UNDER) EXPENDITURES $ -
Beginning Fund Balance as of 07/01/19 $ 678,061
Ending Fund Balance as of 06/30/20 $ 678,061
For the Year Ended Jun 30, 2020
Fair Share Fees $ 0.00
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City of Seaside, California
Development Impact Fees Report
Developer Fair Share Fees
Fiscal Year Ended June 30, 2020
pg. 2
(E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
No fees were expended in the fiscal year ended June 30, 2020. (F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.
Fires Station # 2 Design and Construction
• A Second Fire Station on the North side of the City of Seaside • Estimated cost is $20,000,000.00 and design is scheduled to be undertaken in FY 22/23 and construction planned for FY 23/24.
(G) A description of each interfund transfer or loan made from the account or fund,including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.
No interfund transfers or loans were made during the fiscal year utilizing these funds. (H) The amount of the refunds made pursuant to subdivision € Section 66001 andany allocation pursuant to subdivision (f) of Section 66001.
No refunds were made during the fiscal year.
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City of Seaside, California
Development Impact Fees Report
Developer Agreement Fair Share
Fees
Fiscal Year Ended June 30, 2021
Prepared by City of Seaside Finance Director
Victor Damiani
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City of Seaside, California
Development Impact Fees Report
Developer Fair Share Fees
Fiscal Year Ended June 30, 2021
pg. 1
For purpose of compliance with California Government Code Subsection 66006(b)(1), the following information regarding AB 1600 fees is presented in connection with the City’s Impact Fees fund:
(A) A brief description of the type of fee in the account or fund.
Fair Share Fees - Fees collected are used for the planning, design, construction or support activities of facilities in existence at the time the charge is imposed or for new facilities to be constructed in the future that are necessitated by the development project. (B) The amount of the fee.
FY 2020/2021:
(C) The beginning and ending balance of the account or fund. See statement below. (D) The amount of the fees collected and the interest earned. See statement below.
Statement of Revenues, Expenditures and Changes in Fund Balance
REVENUES
Fees $ -
Interest $ 2,079
Total Revenues $ 2,079
EXPENDITURES
Expenditures $ -
Total Expenditures $ -
OTHER FINANCING SOURCES (USES)
Transfers in $ -
Transfers out $ -
Total Other Financing Sources & Uses $ -
REVENUES OVER (UNDER) EXPENDITURES $ 2,079
Beginning Fund Balance as of 07/01/20 $ 678,061
Ending Fund Balance as of 06/30/21 $ 680,140
For the Year Ended Jun 30, 2021
Fair Share Fees $ 0.00
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City of Seaside, California
Development Impact Fees Report
Developer Fair Share Fees
Fiscal Year Ended June 30, 2021
pg. 2
(E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
No fees were expended in the fiscal year ended June 30, 2021. (F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.
Fires Station # 2 Design and Construction
• A Second Fire Station on the North side of the City of Seaside • Estimated cost is $20,000,000.00 and design is scheduled to be undertaken in FY 22/23 and construction planned for FY 23/24.
(G) A description of each interfund transfer or loan made from the account or fund,including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.
No interfund transfers or loans were made during the fiscal year utilizing these funds. (H) The amount of the refunds made pursuant to subdivision € Section 66001 andany allocation pursuant to subdivision (f) of Section 66001.
No refunds were made during the fiscal year.
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City of Seaside, California
Development Impact Fees Report
Developer Agreement Fair Share
Fees
Fiscal Year Ended June 30, 2022
Prepared by City of Seaside Finance Director
Victor Damiani
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City of Seaside, California
Development Impact Fees Report
Developer Fair Share Fees
Fiscal Year Ended June 30, 2022
pg. 1
For purpose of compliance with California Government Code Subsection 66006(b)(1), the following information regarding AB 1600 fees is presented in connection with the City’s Impact Fees fund:
(A) A brief description of the type of fee in the account or fund.
Fair Share Fees - Fees collected are used for the planning, design, construction or support activities of facilities in existence at the time the charge is imposed or for new facilities to be constructed in the future that are necessitated by the development project. (B) The amount of the fee.
FY 2021/2022:
(C) The beginning and ending balance of the account or fund. See statement below. (D) The amount of the fees collected and the interest earned. See statement below.
Statement of Revenues, Expenditures and Changes in Fund Balance
REVENUES
Seaside Resort Development $ 155,514
Interest $ 1,360
Total Revenues $ 156,874
EXPENDITURES
Expenditures $ -
Total Expenditures $ -
OTHER FINANCING SOURCES (USES)
Transfers in $ -
Transfers out $ -
Total Other Financing Sources & Uses $ -
REVENUES OVER (UNDER) EXPENDITURES $ 156,874
Beginning Fund Balance as of 07/01/21 $ 680,140
Ending Fund Balance as of 06/30/22 $ 837,014
For the Year Ended Jun 30, 2022
Fair Share Fees $ 155,514.06
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City of Seaside, California
Development Impact Fees Report
Developer Fair Share Fees
Fiscal Year Ended June 30, 2022
pg. 2
(E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
No fees were expended in the fiscal year ended June 30, 2022. (F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.
Fires Station # 2 Design and Construction
• A Second Fire Station on the North side of the City of Seaside • Estimated cost is $20,000,000.00 and design is scheduled to be undertaken in FY 22/23 and construction planned for FY 23/24.
(G) A description of each interfund transfer or loan made from the account or fund,including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.
No interfund transfers or loans were made during the fiscal year utilizing these funds. (H) The amount of the refunds made pursuant to subdivision € Section 66001 andany allocation pursuant to subdivision (f) of Section 66001.
No refunds were made during the fiscal year.
Packet Page 130
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RESOLUTION NO. 22-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE
ACCEPTING DEVELOPMENT IMPACT FEES REPORTS FOR THE FISCAL YEAR ENDING JUNE 30, 2020, FISCAL YEAR ENDING JUNE 30, 2021 AND FISCAL YEAR ENDING JUNE 30, 2022 AND ADOPT A RESOLUTION MAKING
ADDITIONAL REQUIRED FINDINGS, AS REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION 66006(b) AND CALIFORNIA GOVERNMENT CODE SECTION 66001(d)
WHEREAS, the Mitigation Fee Act, California Government Code Section 66000 et seq. authorizes the City of Seaside (City) to impose, collect and expend mitigation fees to offset the impacts of development within the City; and
WHEREAS the California Government Code Section 66006(b) requires that for each separate account or fund established for the collection and expenditure of Development Impact Fees, the City shall make available to the public within one hundred eighty (180) days after the last day of each fiscal year a report that includes the amount of the fee, the beginning and ending balance of the fee account or fund and the interest earned thereon; and
WHEREAS, the California Government Code Section 66001(d) provides that for the first fiscal year following the first deposit into the fund, and every five years thereafter, the City shall make findings with respect to the portion of the fund remaining unexpended, whether committed or uncommitted; and
WHEREAS, California Government Code Section 66001(d) provides that such findings when required shall be made in connection with the public information required by California Government Code Section 66006(b); and
WHEREAS, California Government Code Section 66006(b)(2) requires that the City Council review the information made available to the public at a regularly scheduled public meeting not less than 15 days after the information is made available to the public; and
WHEREAS, based on all the evidence presented, the City Council finds as follows:
1. As of June 30, 2022, the Development Impact Fees fund contained Eight Hundred Thirty Seven Thousand Fourteen Dollars ($837,014).
2. The unexpended fees will be used to design and construct a second fire station in the City of Seaside.
3. There is a reasonable relationship between the use of the unexpended Development Impact Fees as described in paragraph 2 and the purpose of Packet Page 131
-2
the Development Impact Fees, which are collected for the planning, design, construction or support activities of facilities in existence at the time the charge is imposed or for new facilities to be constructed in the future that are necessitated by the development project. Fire Station 2 is needed to provide adequate public safety to new developments in certain areas within Seaside.
4. The current estimated cost of the updates outlined in paragraph 2, is approximately Twenty Million Dollars ($20,000,000). The funding source will include the unexpended Development Impact Fees, future Development Impact Fees, the City’s General Fund, potential future bond proceeds, and potential future Community Facilities District taxes to be collected for this project.
5. Six Hundred Eighty Thousand dollars ($680,000) are expected to be transferred from the Development Impact Fees Fund to the City’s Government Facilities Capital Project Fund prior to June 30, 2023.
Additional funds are likely to be transferred by June 30, 2024 as they become available.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Seaside, that the City Council has reviewed and accepted the annual disclosure information made available to the public on November 17, 2022, which was presented to the City Council and attached to this Resolution as Exhibit A.
PASSED AND ADOPTED at the regular meeting of the City Council of the City of Seaside duly held on the 1st day of December 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 TO FORM:
______________________________
Sheri L. Damon, City Attorney
Packet Page 132
City of Seaside, California
Development Impact Fees Report
Developer Agreement Fair Share
Fees
Fiscal Year Ended June 30, 2020
Prepared by City of Seaside Finance Director
Victor Damiani
Exhibit A
`
Packet Page 133
City of Seaside, California
Development Impact Fees Report
Developer Fair Share Fees
Fiscal Year Ended June 30, 2020
pg. 1
For purpose of compliance with California Government Code Subsection 66006(b)(1), the following information regarding AB 1600 fees is presented in connection with the City’s Impact Fees fund:
(A) A brief description of the type of fee in the account or fund.
Fair Share Fees - Fees collected are used for the planning, design, construction or support activities of facilities in existence at the time the charge is imposed or for new facilities to be constructed in the future that are necessitated by the development project. (B) The amount of the fee.
FY 2019/2020:
(C) The beginning and ending balance of the account or fund. See statement below. (D) The amount of the fees collected and the interest earned. See statement below.
Statement of Revenues, Expenditures and Changes in Fund Balance
REVENUES
Fees $ -
Interest $ -
Total Revenues $ -
EXPENDITURES
Expenditures $ -
Total Expenditures $ -
OTHER FINANCING SOURCES (USES)
Transfers in $ -
Transfers out $ -
Total Other Financing Sources & Uses $ -
REVENUES OVER (UNDER) EXPENDITURES $ -
Beginning Fund Balance as of 07/01/19 $ 678,061
Ending Fund Balance as of 06/30/20 $ 678,061
For the Year Ended Jun 30, 2020
Fair Share Fees $ 0.00
Packet Page 134
City of Seaside, California
Development Impact Fees Report
Developer Fair Share Fees
Fiscal Year Ended June 30, 2020
pg. 2
(E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
No fees were expended in the fiscal year ended June 30, 2020. (F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.
Fires Station # 2 Design and Construction
• A Second Fire Station on the North side of the City of Seaside • Estimated cost is $20,000,000.00 and design is scheduled to be undertaken in FY 22/23 and construction planned for FY 23/24.
(G) A description of each interfund transfer or loan made from the account or fund,including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.
No interfund transfers or loans were made during the fiscal year utilizing these funds. (H) The amount of the refunds made pursuant to subdivision € Section 66001 andany allocation pursuant to subdivision (f) of Section 66001.
No refunds were made during the fiscal year.
Packet Page 135
City of Seaside, California
Development Impact Fees Report
Developer Agreement Fair Share
Fees
Fiscal Year Ended June 30, 2021
Prepared by City of Seaside Finance Director
Victor Damiani
Packet Page 136
City of Seaside, California
Development Impact Fees Report
Developer Fair Share Fees
Fiscal Year Ended June 30, 2021
pg. 1
For purpose of compliance with California Government Code Subsection 66006(b)(1), the following information regarding AB 1600 fees is presented in connection with the City’s Impact Fees fund:
(A) A brief description of the type of fee in the account or fund.
Fair Share Fees - Fees collected are used for the planning, design, construction or support activities of facilities in existence at the time the charge is imposed or for new facilities to be constructed in the future that are necessitated by the development project. (B) The amount of the fee.
FY 2020/2021:
(C) The beginning and ending balance of the account or fund. See statement below. (D) The amount of the fees collected and the interest earned. See statement below.
Statement of Revenues, Expenditures and Changes in Fund Balance
REVENUES
Fees $ -
Interest $ 2,079
Total Revenues $ 2,079
EXPENDITURES
Expenditures $ -
Total Expenditures $ -
OTHER FINANCING SOURCES (USES)
Transfers in $ -
Transfers out $ -
Total Other Financing Sources & Uses $ -
REVENUES OVER (UNDER) EXPENDITURES $ 2,079
Beginning Fund Balance as of 07/01/20 $ 678,061
Ending Fund Balance as of 06/30/21 $ 680,140
For the Year Ended Jun 30, 2021
Fair Share Fees $ 0.00
Packet Page 137
City of Seaside, California
Development Impact Fees Report
Developer Fair Share Fees
Fiscal Year Ended June 30, 2021
pg. 2
(E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
No fees were expended in the fiscal year ended June 30, 2021. (F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.
Fires Station # 2 Design and Construction
• A Second Fire Station on the North side of the City of Seaside • Estimated cost is $20,000,000.00 and design is scheduled to be undertaken in FY 22/23 and construction planned for FY 23/24.
(G) A description of each interfund transfer or loan made from the account or fund,including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.
No interfund transfers or loans were made during the fiscal year utilizing these funds. (H) The amount of the refunds made pursuant to subdivision € Section 66001 andany allocation pursuant to subdivision (f) of Section 66001.
No refunds were made during the fiscal year.
Packet Page 138
City of Seaside, California
Development Impact Fees Report
Developer Agreement Fair Share
Fees
Fiscal Year Ended June 30, 2022
Prepared by City of Seaside Finance Director
Victor Damiani
Packet Page 139
City of Seaside, California
Development Impact Fees Report
Developer Fair Share Fees
Fiscal Year Ended June 30, 2022
pg. 1
For purpose of compliance with California Government Code Subsection 66006(b)(1), the following information regarding AB 1600 fees is presented in connection with the City’s Impact Fees fund:
(A) A brief description of the type of fee in the account or fund.
Fair Share Fees - Fees collected are used for the planning, design, construction or support activities of facilities in existence at the time the charge is imposed or for new facilities to be constructed in the future that are necessitated by the development project. (B) The amount of the fee.
FY 2021/2022:
(C) The beginning and ending balance of the account or fund. See statement below. (D) The amount of the fees collected and the interest earned. See statement below.
Statement of Revenues, Expenditures and Changes in Fund Balance
REVENUES
Seaside Resort Development $ 155,514
Interest $ 1,360
Total Revenues $ 156,874
EXPENDITURES
Expenditures $ -
Total Expenditures $ -
OTHER FINANCING SOURCES (USES)
Transfers in $ -
Transfers out $ -
Total Other Financing Sources & Uses $ -
REVENUES OVER (UNDER) EXPENDITURES $ 156,874
Beginning Fund Balance as of 07/01/21 $ 680,140
Ending Fund Balance as of 06/30/22 $ 837,014
For the Year Ended Jun 30, 2022
Fair Share Fees $ 155,514.06
Packet Page 140
City of Seaside, California
Development Impact Fees Report
Developer Fair Share Fees
Fiscal Year Ended June 30, 2022
pg. 2
(E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
No fees were expended in the fiscal year ended June 30, 2022. (F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.
Fires Station # 2 Design and Construction
• A Second Fire Station on the North side of the City of Seaside • Estimated cost is $20,000,000.00 and design is scheduled to be undertaken in FY 22/23 and construction planned for FY 23/24.
(G) A description of each interfund transfer or loan made from the account or fund,including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.
No interfund transfers or loans were made during the fiscal year utilizing these funds. (H) The amount of the refunds made pursuant to subdivision € Section 66001 andany allocation pursuant to subdivision (f) of Section 66001.
No refunds were made during the fiscal year.
Packet Page 141
CITY OF SEASIDE
STAFF REPORT
Item No.: 8.K.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Leslie Llantero, Assistant Engineer
DATE: December 1, 2022
SUBJECT: ADOPT A RESOLUTION APPROVING A PROFESSIONAL SERVICE
AGREEMENT WITH PARISI TRANSPORTATION CONSULTING
FOR AN AMOUNT NOT TO EXCEED $58,640.00 FOR
ENGINEERING DESIGN AND CONSTRUCTION DOCUMENTS FOR
THE ORD TERRACE ELEMENTARY SCHOOL TRAFFIC SAFETY
IMPROVEMENTS PROJECT AND APPROPRIATING $150,000.00
TO THE PROJECT BUDGET FROM THE MEASURE X FUND
RECOMMENDATION
Adopt a resolution approving a professional service agreement with Parisi Transportation Consulting for an amount not to exceed $58,640.00 to provide engineering design and construction documents for the Ord Terrace Elementary School Traffic Safety Improvements Project and appropriating $150,000.00 to the project budget from the Measure X fund.
BACKGROUND
Ord Terrace Elementary School (School) is a public school located at 1775 La Salle Avenue. There are approximately 417 students that attend the School in grades K-5.
Heavy traffic congestion is experienced during the morning and afternoon drop off and pick up periods. Adding to the traffic congestion, it has been observed that vehicles double park and several students do not cross La Salle Avenue at the designated crosswalks at Lindberg Court. The District is in the process of redesigning the bus and student loading and unloading zones in addition to visitor and staff parking. The proposed improvements affect the crosswalk on La Salle Ave. and Lindberg Ct.
Staff met with the District, the city's consultant, Parisi Transportation Consulting (Parisi), and the District's design engineers to develop a design concept that considers Packet Page 142
Item No. 8.K. Page 2 of 3
the District's planned improvements and provides a safe crossing for students while minimizing pedestrian-vehicle conflicts. The city's proposed improvements include a curb extension for the southwest curb ramp for the crosswalk on La Salle Avenue at Lindberg Court, median refuge with a potential staggered crossing, rectangular rapid flashing beacons (RRFBs), modifying the corresponding pavement markings, roadway delineators, and school area signage, and addressing the non-accessible pedestrian crossing at the west school driveway. The Ord Terrace Elementary School Safety Improvement Project was developed in conjunction with the Monterey Peninsula Unitified School District (District)'s proposed improvements.
At the request of staff, Parisi provided a proposal for engineering design and construction documents for the city's proposed improvements identified above for an amount not to exceed $58,640.00. Design will be complete within 10 weeks with construction estimated to take 5 weeks. Construction of the city's improvements will be coordinated with the District's improvements anticipated to begin in summer of 2023.
ENVIRONMENTAL REVIEW
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 performs repairs and performs minor upgrades to the existing roadway and involves negligible or no expansion of use.
FISCAL IMPACT
The professional service agreement for Parisi is for a not to exceed amount of $58,640.00. A 10% contingency adds $5,864.00 for a total agreement amount of $64,504.00.
The adopted FY 2021/2023 budget for traffic calming is $50,000.00 (account No. 212- 8960-9580). The construction of the city installed proposed improvements is estimated to cost $127,625.00. Based upon the estimated construction cost and construction contingencies, an additional amount of $150,000.00 is needed to complete the project.
If approved, this would result in a revised project budget of $200,000.00 for the cost of the design, construction and contingencies.
Staff recommends adopting a resolution (Attachment 1) authorizing the City Manager to execute a professional services agreement (Attachment 2) with Parisi Transportation Consulting for engineering design and construction documents for the Ord Terrace Elementary School Traffic Safety Improvements for an amount not to exceed $58,640.00, authorizing the City Manager to approve amendments and extensions to the professional services agreement up to $64,504.00, and appropriating $150,000.00 from the Measure X revenue fund to the Project account (212-8960-9580) for a total Packet Page 143
Item No. 8.K. Page 3 of 3
project budget of $200,000.00.
ATTACHMENTS
1. Resolution
2. Professional Services Agreement
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 144
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH PARISI
TRANSPORTATION CONSULTING FOR ENGINEERING DESIGN AND
CONSTRUCTION DOCUMENTS FOR THE ORD TERRACE ELEMENTARY SCHOOL
TRAFFIC SAFETY IMPROVEMENT PROJECT FOR AN AMOUNT NOT TO EXCEED $58,640.00 AND APPROPRIATING $150,000.00 TO THE PROJECT FROM THE
MEASURE X FUND
WHEREAS staff met with Monterey Peninsula School District (District), the city's consultant, Parisi Transportation Consulting (Parisi), and the District's design engineers to develop a design concept for traffic safety improvements at Ord Terrace Elementary School; and
WHEREAS, improvements include curb extension for the southwest curb ramp for the crosswalk on La Salle Avenue at Lindberg Court, median refuge with a potential staggered crossing, rectangular rapid flashing beacons (RRFBs), modifying the corresponding pavement markings, roadway delineators, and school area signage, and addressing the non-accessible pedestrian crossing at the west school driveway; and WHEREAS, on March 18, 2021, the City approved Parisi Transportation Consulting as one of the consultants to provide on call traffic engineering service; and WHEREAS, at the request of staff, Parisi submitted a proposal to provide engineering design and construction documents for the improvements outline above for an amount not to exceed $58,640.00; and
WHEREAS, an amount of $5864.00 contingency, 10% of the professional services agreement amount with Parisi, should be authorized on an as required basis; and
WHEREAS, the approved project budget is $50,000.00 identified in the Capital Improvement Program Account No. 212-8960-9580 funded through Measure X; and WHEREAS, the construction of the city installed proposed improvements is preliminarily estimated to cost $132,625.00, including contingency; and WHEREAS, based upon the design costs, estimated construction cost, and construction contingencies, an additional amount of $150,000.00 is needed to complete the project.
NOW, THEREFORE BE IT RESOLVED, that the City of Seaside City Council approves an appropriation on $150,000.00 from Measure X Revenue Account to the Project account No. 212-8960-9580 such that the revised Project budget is Packet Page 145
$200,000.00, and directs the Finance Director to make appropriate budget adjustments.
BE IT FURTHER RESOLVED, that the City of Seaside City Council authorizes the City Manager to execute a Professional Services Agreement with Parisi Transportation Consulting for engineering design and construction documents for the Ord Terrace Elementary School Traffic Safety Improvements Project for an amount not to exceed $58,640.00.
BE IT FURTHER RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute up to an additional 10% contingency for written amendments and extensions to the professional services agreement such that the full agreement amount may not exceed $64,804.00.
PASSED AND ADOPTED at a regular meeting of the City of Seaside City Council duly held on the 1st day of December, 2022 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Olgesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
Packet Page 146
Ord Terrace School Traffic Safety Improvements
Rev. 1/18 Page 1 COS Design PSA
CITY OF SEASIDE
DESIGN PROFESSIONAL SERVICE AGREEMENT
FOR ORD TERRACE SCHOOL SAFETY IMPROVEMENTS
THIS AGREEMENT, is made and effective ____________________, between the City of Seaside, a municipal corporation ("Agency") and Parisi Transportation Consulting, 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.
Packet Page 147
Ord Terrace School Traffic Safety Improvements
Rev. 1/18 Page 2 COS Design PSA
5. PAYMENT
(a) The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Fifty Eight Thousand Six Hundred Forty Dollars ($58,640.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency City Manager and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services.
(c) Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the Agency disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The Agency may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the Agency shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the Agency. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 3.
Packet Page 148
Ord Terrace School Traffic Safety Improvements
Rev. 1/18 Page 3 COS Design PSA
7. DEFAULT OF CONSULTANT
(a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the Agency Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default.
The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records; shall give Agency the right to examine and audit said books and records; shall permit Agency to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Agency and may be used, reused, or otherwise disposed of by the Agency without the permission of the Consultant. With respect to computer files, Consultant shall make available to the Agency, at the Consultant's office and upon reasonable Packet Page 149
Ord Terrace School Traffic Safety Improvements
Rev. 1/18 Page 4 COS Design PSA
written request by the Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
9. INDEMNITY AND DEFENSE
(a) Indemnification and Defense for Professional Services To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless Agency and any and all of its officials, employees and agents (“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
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached to and part of this Agreement.
Packet Page 150
Ord Terrace School Traffic Safety Improvements
Rev. 1/18 Page 5 COS Design PSA
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) 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:
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To Agency: __City of Seaside__________
__440 Harcourt Ave________
__Seaside, CA 93955_______
Attention: City Clerk
To Consultant: Parisi Transportation Consulting
58A Alta Vista Avenue
Mill Valley, CA 94941
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, David Parisi shall be the Project Manager and Engineer of Record for the services described in this Agreement.
David Parisi 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 David Parisi from Consultant's employ. Should he/she leave Consultant's employ, the Agency shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period.
Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the Consultant.
18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
19. GOVERNING LAW
The Agency and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any 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 Packet Page 153
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Attachments: Exhibit A Scope of Work/Consultant Proposal Exhibit B Fee Schedule
Exhibit C Insurance Requirements
Exhibit D RFQ: On-Call Consultants – Engineering Transportation Services
Exhibit E Resolution 22-21 Approving On Call Engineering Transportation Services
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Ord Terrace School Traffic Safety Improvements Project EXHIBIT A
EXHIBIT A
SCOPE OF WORK
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800 Bancroft Way, Suite 203, Berkeley CA 94710
www.parisi-associates.com
November 3, 2022
Leslie Llantero
Assistant Engineer, Public Works and Engineering
City of Seaside
610 Olympia Ave, Seaside, CA 93955
Subject: Proposal to Provide Construction Plans for Ord Terrace Elementary School Crossing Dear Ms. Llantero,
Parisi Transportation Consulting (Parisi) is pleased to submit this proposal to the City of Seaside to prepare construction documents for a new crosswalk at La Salle Avenue and Lindberg Court near Ord Terrace Elementary School. The existing crosswalk is uncontrolled and marked with obsolete school crossing signs. This proposed scope of work would update the southwest curb ramp (north curb ramp to be updated by the school), add a median refuge with a potential staggered crossing, add rectangular rapid flashing beacons (RRFBs), and modify the corresponding pavement markings, roadway delineators and school area signage. Optional tasks include public outreach, construction coordination, and design for the non-accessible pedestrian crossing at the school driveway.
Our proposed scope of work includes the following tasks:
Task 1. Project Management and Work Program: Parisi will develop a project workplan and refine the schedule included within this proposal. We will meet monthly with City staff and will provide monthly updates on project status via email for the duration of the Project. Public outreach is not included in this proposed scope of work and is assumed to be the City’s responsibility. Public outreach is offered as an optional task.
Task 1 Deliverables: General oversight and project management. One kickoff meeting and up to three project update meetings. Project workplan and schedule, meeting notes with action items for each progress meeting, and progress reporting and invoices in accordance with the City’s requirements.
Task 2. Draft Construction Documents (65%, 95%, and 100%/Bid Project Plans, Specifications and Estimates): Parisi will prepare construction documents for Ord Terrace Elementary School Crossing improvements. Plans will be prepared on 22”x34” size sheets at 1” = 20’ scale using topographic base map files provided by the city. Construction standards and specifications will Packet Page 157
November 3, 2022
be consistent with the latest version of City of Seaside standards and Caltrans construction standards. Plans will be submitted to the City in PDF format for review only.
The 65% level design will provide a layout of the proposed crossing improvements with proposed curb ramp grading and drainage based on the City of Seaside Standards and Caltrans Standards Plans and Specifications. Proposed curb ramp, pole, push button locations will be checked for driver visibility and conformance to ADA and CA MUTCD guidelines. Pole locations will account for underground utilities. Improvements will account for underground utilities as shown in topographic mapping provided by the city.
Cost estimates will follow the City standard format. Responses to City comments will be tracked and discussed in-person with City staff after review of the 65% and 95% submittals and evaluated whether additional submittals will be required or whether comments can be incorporated into the next submittal. Editorial or formatting issues not affecting the design intent or constructability of the project will be identified in the Parisi-City design review meeting and will be incorporated into a subsequent submittal.
Parisi will prepare technical specifications, a bid schedule, and a cost estimate for items in the scope of work. The cost estimate will include calculation summaries for the basis of quantities.
Each submittal will contain the following:
1. Title sheet & notes, project layout and control, and BMPs (3 sheets)
2. Civil Sheet (4 sheets)
One demo sheet for school crossing
One civil layout sheet for overall crossing view
One vertical and horizontal control sheet for the curb ramp modification and refuge islands installation
One civil detail sheet
3. Signage and Striping Plans (2 sheets)
One pavement delineation (striping) plan for the corridor of La Salle Avenue from Helena Street to Lisbon Court
One signage plan for La Salle Avenue from Helena Street to Lisbon Court
4. Electrical Plans (1 sheet)
One RRFB electrical detail sheet
5. Project Specifications, Quantity Takeoffs and Cost Estimate. Parisi will provide Technical Specifications for all items noted in the Bid Items list. Quantity takeoffs showing the calculated quantities will be provided in XLSX format. Parisi will use recent bid results from the Packet Page 158
November 3, 2022
City and other projects in the San Francisco Bay Area to develop a total Project cost estimate.
6. 100% PS&E/Bid Documents: Parisi will integrate one set of non-conflicting comments compiled by the City relating to the design and will prepare a 100% final bid set. The budget for this task assumes that the City’s comments from the 95% phase will cover all substantive design issues. Comments received on the 100% Plans concerning design issues not previously identified and discussed at the 95% design that trigger an additional submittal may be subject to additional cost.
Task 2 Deliverables:
1. Civil, Striping, Signage and Electrical Plans submittal in PDF format at the 65% and 100% levels.
2. Construction bid table in XLSX format at 65% and 100% submittals.
3. Technical specifications provided in MS Word format at the 100% submittal only.
4. Plans in PDF format. Technical specifications in PDF and MS Word format, and engineer’s estimate in PDF and MS Excel format. Updates to all elements identified under Task 2.
Special provisions and bidder’s proposal will be the responsibility of the City.
Our proposed optional tasks include:
Optional Task 1: Public Outreach: Parisi will attend via teleconference (e.g., Zoom and MS Teams) up to one public meeting to present the proposed design and answer questions from the public. Attendance at in-person meetings will be subject to additional travel cost time.
Optional Task 2: Construction Coordination: Parisi will provide support to the City in responding to questions during the bid, pre-construction, and construction stages.
Task 1. Construction Coordination: Parisi will respond to product submittals and Requests for Information from the contractor and address other design issues raised during construction.
Task 2 Project As-Builts: Parisi will take contractor markups documenting field adjustments and update the plans in CAD as a final set of as-built plans.
Optional Task 3: Additional Crosswalk: Parisi will include the crossing at the school driveway improvements and provide concept plans to the 65%-95% design process and 100% PS&E deliverable. This additional task would be integrated to Tasks 1 and 2 of this project scope proposal and add 4 new civil sheets.
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Budget. Parisi’s proposed budget for the base scope of work is $33,260 and $58,640 with the optional tasks, see table below.
Principal
Consultant
Managing
Consultant Consultant Associate
Consultant Admin
# Description $300 $220 $155 $135 $150 Total
1 Project Management and
Administration 6 4 12 6 $5,440
2 Draft Construction
Documents (65% & 95%)
2.1 Civil Sheets 4 8 24 48 $13,160
2.2 Signage and Striping 2 4 8 12 $4,340
2.3 Electrical (RRFB) 2 4 4 12 $3,720
2.4 100% Bid Set Construction
Documents 4 4 12 16 $6,100
Expenses (Travel) $500
Total (Base Scope) 18 24 60 88 6 $33,260
O1 Optional Task: Public
Outreach 4 4 12 12 $5,560
O2 Optional Task: Construction
Coordination 2 4 8 12 $4,340
O3 Optional Task: Additional
Crosswalk 4 8 32 56 $15,480
Total with Optional Tasks 28 40 112 168 8 $58,640
Schedule. Assuming Notice to Proceed for this revised work plan by November 22, 2022, our proposed scope of work through Task 2 Final Plans design will result in a completed design on February 1, 2023.
Agreement: Parisi will invoice monthly in accordance with the City’s requirements. Payments are to be received within 30 days of receipt. To accept the above proposal and terms, please sign below and return an original copy.
Sincerely, Authorized by:
_________________________________________
David Parisi, PE, TE Leslie Llantero Date
Principal City of Seaside
Cc: Andres Gonzalez, PE
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800 BANCROFT WAY, SUITE 203, BERKELEY, CA 94710 510.343.6500 www.parisi-associates.com
HOURLY SERVICE RATES FOR PROFESSIONAL SERVICES
January 1, 2022 – December 31, 2022
Principal Consultant $250.00 - $310.00
Managing Consultant $200.00 - $250.00
Senior Consultant $160.00 - $200.00
Consultant $125.00 - $160.00
Associate Consultant $100.00 - $130.00
Technician $95.00 - $110.00
Notes:
Hourly service rates are effective through December 31, 2022. Subsequent annual increases will be reflected in the 2023 service rate schedule.
Reimbursable charges include, but are not limited to transportation charges, reproduction services, shipping expenses, and subconsultant fees. Mileage charges will be charged at the prevailing IRS rate per mile.
Monthly invoices are due within 30 days from the date of the invoice. Interest of
1.0% per month will be charged on past due invoices.
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Ord Terrace School Traffic Safety Improvements Project EXHIBIT C
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of Agency, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to Agency.
General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees and volunteers.
Umbrella or excess liability insurance. [Optional depending on limits required].
Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including Packet Page 162
Ord Terrace School Traffic Safety Improvements Project EXHIBIT C commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Other provisions or requirements
Proof of insurance. Consultant shall provide certificates of insurance to Agency as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance.
Current certification of insurance shall be kept on file with Agency at all times during the term of this contract. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants.
Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or self-insurance shall be called upon to protect it as a named insured.
Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Agency will be promptly reimbursed by Consultant or Agency will withhold amounts sufficient to pay premium from Consultant payments.
In the alternative, Agency may cancel this Agreement.
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Ord Terrace School Traffic Safety Improvements Project EXHIBIT C Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Agency, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Consultant of non-compliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.
Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to Agency with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting Packet Page 164
Ord Terrace School Traffic Safety Improvements Project EXHIBIT C endorsement of any kind that has not been first submitted to Agency and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to Agency for review.
Agency’s right to revise specifications. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the Agency and Consultant may renegotiate Consultant’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by Agency.
Timely notice of claims. Consultant shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
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J:\08_PUBLIC WORKS\Personnel\Traffic Engineer\2020 On-Call List\RFQ Traffic Engineer 2020_2020-10-15.docx
REQUEST FOR QUALIFICATIONS
2020 - TRAFFIC ENGINEERING SERVICES
FOR CITY OF SEASIDE
Table of Contents
Introduction ................................................................................................................................................................... 1 Proposal Requirements .................................................................................................................................................. 1 Statement of Qualifications Submittal Requirements ................................................................................................ 1 Schedule for Selection Process ...................................................................................................................................... 2 Questions Regarding This Project ................................................................................................................................. 2 Form of Agreement ....................................................................................................................................................... 3 Evaluation and Rating Criteria ...................................................................................................................................... 3 QUALIFICATIONS ...................................................................................................................................................... 3 PRELIMINARY SCOPE OF SERVICES ..................................................................................................................... 4 General Provisions ......................................................................................................................................................... 4 Non-Discrimination & Non-Preferential Treatment .................................................................................................. 6 Grounds for Disqualification ..................................................................................................................................... 6 Records and Financial Data ....................................................................................................................................... 6 Introduction
The City of Seaside (City) seeks Statements of Qualifications (SOQs) from qualified firms to provide professional Traffic Engineering (consultant) services. The City intends to select up to three consultants for a three-year period, with the option of two (2) one-year extensions through mutual consent between the City and the chosen Consultant(s). Consultants do not need to be able to provide all services described in the “Preliminary Scope of Services,” below. Selection will be based on demonstrated expertise in providing support to the City of Seaside Public Works and Engineering Department.
Proposal Requirements
SOQs must be received by 3:00 PM November 10, 2020 at the following address:
Nisha Patel, City Engineer
City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
SOQ received after this deadline will not be accepted. The SOQ and any accompanying documents shall be submitted in a sealed envelope with the words “Traffic Engineering Services” clearly marked in the lower left-hand corner of the envelope. Three bound copies, plus one electronic copy submitted on CD, USB flash drive, or by email to [email protected], containing an Adobe pdf copy, should be submitted.
Statement of Qualifications Submittal Requirements
The SOQ should include the following information:
1. Name of proposer and principal contact person, including office location, address, telephone number, fax numbers and e-mail address.
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2. Brief description and history of the proposed project team and experience of the principal contact. Clearly describe project team member’s experience in traffic engineering design, traffic analysis, traffic calming, and transportation studies. Describe the average project size and scope of the team member’s past projects.
3. Provide as exhibits, listings of your firm’s and its principals’ experience.
4. Enclosed is a copy of the City’s standard contract, which stipulates, among other things, insurance requirements. Please confirm that the project team can accept the terms of the contract and has the required insurance, or can acquire insurance, that meets the minimum standards.
5. Please provide at least three professional references. Indicate which references are public agencies for which the project team, or its principals, have provided services for within the past five years.
6. Standard Hourly Fees: Provide your standard hourly fees by job classification and billing criteria for providing the services described in this RFQ in a separate sealed envelope. Do not provide in the response to this request as an exhibit or in the body of the response The SOQ will be limited to 10 numbered pages including title sheet and cover letter if provided.
Minimum font size is 12. Page size is limited to letter size with no fold-outs. Submittals must be printed on both sides of the paper. A clear front and back cover shall be provided and the front and back clear cover will not count towards the 10 page limit.
Schedule for Selection Process
The proposed consultant selection schedule is as follows.
Release RFP Tuesday, October 20, 2020
Proposal due Tuesday, November 10, 2020
Interview Select Proposers, if necessary November 10 to 25, 2020 if needed Project Award December 17, 2020
Questions Regarding This Project
All questions and/or contacts regarding this Request should be directed to:
Misty Bradshaw
City of Seaside-Engineering Division
440 Harcourt Avenue
Seaside, CA 93955
E-mail: [email protected]
Phone (831) 899-6886
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Form of Agreement
A copy of the City of Seaside Consultant Contract is included herewith.
Evaluation and Rating Criteria
City staff will review each SOQ for completeness and content. Each SOQ will be evaluated based upon the relevant qualifications and experience of the consultant. Consultants do not need to be able to provide all services described in the “Preliminary Scope of Services,” below. Staff may conduct interviews if necessary. References may also be verified. The SOQ review will focus upon the following criteria:
1. Proposal: Organization, presentation, and content of proposal. Conformance to the specified proposal format. – Max 5 points.
2. Company/Organization: Does the firm/individual offer the quality of services required for the types of services listed in the Scope of Work? Consultants do not need to be able to provide all services described in the “Preliminary Scope of Services,” below. Has the firm/individual demonstrated the ability to successfully provide services for projects of a similar complexity and nature as described herein? Firm possess familiarity with the locality and ability to perform services within the City of Seaside. Ability to respond to request for services in a timely manner and to facilitate meetings with City Staff. – Max 35 points.
3. Project Team: Do the qualifications of key personnel to be assigned to the anticipated projects coincide with tasks listed in the Scope of Work? Does the principal contact and the assigned personnel have requisite education, experience, and professional qualifications? – Max 35 points.
4. Contractual Ability: Confirmed acceptance of standard contract. – Max 5 points.
5. Past Performance: Are the firm’s/individual’s references from past clients and associates favorable? Are deliverables submitted on time and within budget? - Max 20 points.
Proposals will be ranked on the basis of qualifications. The City of Seaside may conduct interviews with some or all of the firms/individuals who submit proposals, or it may complete its evaluation based on the proposals alone. If interviews are conducted, firms/individuals selected for interview will be contacted at that time to arrange the date and time for their interview.
QUALIFICATIONS
Interested consultants should possess competency in the following areas of expertise and documents:
General traffic engineering and provide a project manager that possesses certification as a Traffic Engineer from the California Board for Professional Engineers, Land Surveyors and Geologists.
Traffic Signal design (per Caltrans and City standards) California Manual on Uniform Traffic Control Devices latest Edition ITE Traffic Control Devices Handbook
ASSHTO Roadside Design Guide
Familiarity with Caltrans Standards
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PRELIMINARY SCOPE OF SERVICES
The scope of work will vary as need arises and will be at the discretion of the City. Provide Traffic Engineering services for various projects at the request of city staff. The request for services may include:
Conduct or review traffic engineering, traffic analysis, and transportation planning studies or project specific traffic related issues analysis; Provide comprehensive analyses of existing and projected traffic conditions; roundabout analysis and design, intersection design, speed humps, and traffic data collection services:
Provide electronic traffic control device studies and design (signs, signals, pavement markings, and school zone flashers);
Perform pedestrian and bicycle studies including those to provide safe routes to school; Review subdivision or new development projects involving traffic impact analyses, transportation modeling, area-wide transportation studies and road impact fee analyses; Traffic signal design including plans, specifications, engineer’s cost estimate and contract bid documents (for projects that are bid) for new permanent signal installation; modifications to existing signals and flashing beacon;
Speed data analysis, intersection control studies including multi way stop control and traffic signal or alternatives, safety studies, and miscellaneous traffic engineering services.
Transportation, roadway, and Complete Streets design including construction drawings or plans, specifications, engineer’s cost estimate and contract bid documents. Construction management and inspection support for roadway improvement and transportation projects.
Assist and provide technical assistance in identification and preparation of various traffic and roadway improvement grant opportunities and applications.
The consultant will not be allowed to provide services when the City determines a potential conflict of interest may exist.
Consultant services will be on an as-needed, on-call basis. Consultant services will be authorized by separate contract(s). The Consultant is responsible for acknowledging receipt of requests for services within two (2) working days. Contracts may vary significantly in size and scope and will be determined in greater detail as each is assigned. The Consultant will be responsible for preparing a detailed scope and fee estimate for each contract request. The City may accept the Consultant’s scope and fee or negotiate with the Consultant, as appropriate. The City reserves the right to not accept the Consultant’s scope and fee.
General Provisions
1. The City will assume no responsibility for any understandings or representations concerning conditions made by any of its officers or employees prior to execution of a final agreement unless they are included in this Request for Qualifications.
2. Any reasonable inquiry to determine the responsibility of a prospective Consultant(s) may be conducted. The submission of Qualifications shall constitute permission by the prospective Consultant(s) for the City to verify all information contained therein. If the Packet Page 169
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City deems it necessary, additional information may be requested from the prospective Consultant(s) for further consideration.
3. A prospective Consultant(s) may withdraw their Qualifications at any time prior to the date and time which is set forth herein as the deadline for acceptance of Qualifications.
4. Each prospective Consultant(s) submitting Qualifications in response to this Request agrees the preparation of all materials for submittal to the City and all presentations are at the prospective entities sole cost and expense, and the City will not, under any circumstances, be responsible for any costs or expenses incurred by a prospective Consultant(s). In addition, each prospective Consultant(s) agrees that all documentation and materials submitted with Qualifications will remain the property of the City and will become a public document.
5. The City reserves the right to request additional information from any and all prospective entities as deemed necessary by the City in order to evaluate the Qualifications. This process may not be used as an opportunity to submit missing documentation or to make substantive revisions to the original Qualifications.
6. The City reserves the right to reject any and all Qualifications and, in the event the Consultant selected, it may attempt to negotiate an agreement with the Consultant that, in the sole judgment of the City, is the best qualified to provide the services requested.
7. The City shall not enter into an agreement with any prospective Consultant(s) that has previously had an agreement with the City terminated, or that has previously been found to have violated any provision of the Seaside City Code, or related resolutions or ordinances, or any provision of federal law, state, or other local law.
8. The City reserves the right to enter into an agreement with an Consultant(s) at any time, deviate from this Request, reject any or all SOQs, continue to advertise for new Qualifications, negotiate with multiple entities simultaneously, waive any defects in Qualifications, or to proceed otherwise. The Request and the selection process will in no way be deemed to create a binding contract or agreement of any kind between the City and any prospective Consultant(s). The submission of Qualifications does not in any way commit the City to enter into an agreement with any prospective Consultant(s).
9. Each prospective Consultant(s) shall agree to abide by all federal, state, and local laws, rules, and regulations and to secure all necessary licenses, permits, and other forms of identification as may be required in connection with the resulting agreement, all at no additional cost to the City.
10. All Qualifications, charge rates or representations will remain in effect and be legally binding for at least one hundred twenty (120) days from the date of submission.
11. This Request for Qualifications shall be governed in accordance with the laws of the State of California and the jurisdiction of any disputes hereunder shall be had in Monterey County.
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City of Seaside-Request for Qualifications
Traffic Engineering Services
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Non‐Discrimination & Non‐Preferential Treatment
The successful Consultant shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the performance of City of Seaside contracts.
Grounds for Disqualification
All prospective entities are expected to conduct themselves with the utmost integrity and responsibility throughout the Request process. Any prospective Consultant(s) that violates these expectations, as determined in the sole discretion of the City, will be subject to disqualification.
Generally, the grounds for disqualification include:
1. Contact regarding this procurement with any City official or employee, other than the contact person designated in this Request, from the time of issuance of this Request until the consideration and approval of a professional services agreement.
2. Evidence of collusion, directly or indirectly, among prospective entities in regard to the amount, or the terms and conditions of this Request and the prospective agreement.
3. Influencing, or attempting to influence, any City staff member or official throughout the solicitation process, including the development of specifications beyond those included here, if any.
4. Evidence of submitting incorrect or inaccurate information in response to this Request or misrepresentation or failing to disclose facts during the evaluation or negotiation process.
5. Existence of any lawsuit, claim, or dispute between the prospective Consultant(s) and the City.
6. Evidence of the prospective Consultant(s)’s inability to successfully complete the responsibilities and obligations of the Request process.
7. The prospective Consultant(s)’s default under any City agreement or termination of a previous agreement.
Records and Financial Data
All correspondence with the City, including responses to this Request, will become the exclusive property of the City and will become public records under the California Public Records Act. All documents submitted in response to this Request will be subject to disclosure if requested by a member of the public. There are a very limited number of narrow exceptions to this disclosure requirement.
Personal financial information that a prospective Consultant(s) considers confidential, the disclosure of which would be an unwarranted invasion of personal privacy, should be submitted in a sealed envelope marked “CONFIDENTIAL: PERSONAL FINANCIAL RECORDS; NOT PUBLIC RECORDS.” A prospective Consultant(s) should not mark their entire Qualifications as “Confidential.” During the selection process, the City will keep such information confidential and will not disclose it, except as otherwise required under applicable law. This means that, depending on the nature of timing of the request, or future court decisions, that personal financial Packet Page 171
City of Seaside-Request for Qualifications
Traffic Engineering Services
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information may not remain private and may be publicly disclosed. Once the selection process is completed, the City will return this information to any prospective agency that is not selected.
If an Consultant(s) is selected, the City may retain any submitted information and disclose it to the City Council, and any subcommittees thereof, and the public in connection with consideration of an agreement with the City as evidence of the entities ability to carry out the development. Given the nature of the applicable law under the California Public Records Act, the City cannot guarantee or warrant that it will be able to keep submitted information, including personal financial records, confidential. The successful Consultant(s) agrees to indemnify, defend, and hold the City harmless from and against any suit brought under the California Public Records Act to obtain the records; otherwise, the City shall not be obligated to defend such suit and may release the records.
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Packet Page 173
Packet Page 174
RESOLUTION NO. 21-21
A RESOLUTION OF THE CFTY COUNCIL OF THE CITY OF SEASIDE
APPROVING FEHR & PEERS, HARRISON ENGINEERING, KIMLEY HORN,
PARISI TRANSPORTATION CONSULTING, AND RUGGERI JENSEN AZAR TO
PROVIDE ON-CALL TRAFFIC ENGINEERING SERVICES
WHEREAS, Traffic Engineering Services included a vast array of specialties including transportation planning, traffic impact analysis, complete street design, traffic signal design, speed surveys, and peer review; and
WHEREAS, the City of Seaside, on occasion, is in need of consultants who specialize in traffic engineering; and
WHEREAS, on October 20, 2020, the City released a Request for Qualifications for professional services for Traffic Engineering Services; and WHEREAS, on November 16, 2020, proposals were received from six firms offering Traffic Engineering Services; and
WHEREAS, a selection panel reviewed and selected the five top firms: Fehr & Peers, Harrison Engineering, Kimley Horn, Parisi Transportation Consulting, and Ruggeri Jensen Azar as the most qualified to perform these services based on professional qualifications, similar experience and sufficient staffing capabilities to provide service in a timely manner.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby approves Fehr & Peers, Harrison Engineering, Kimley Horn, Parisi Transportation Consulting, and Ruggeri Jensen Azar, to provide Traffic Engineering Services on an as needed basis; and
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BE IT FURTHER RESOLVED, approval to provide Traffic Engineering Services is for a period of three (3) years and may be extended at the City Manager's recommendation for two (2) one year extensions through March 18, 2026. Agreements will have a defined scope, schedule and fee arrangements that will be negotiated on a project by project basis.
PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 18th day of March, 2021 by the following vote:
AYES: 5 COUNCIL MEMBERS: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
APPROVED:
lan N. Oglesby, F^yor
ATTEST:
><A-^
Dominique L. (&6vis, City Clerk
Packet Page 176
CITY OF SEASIDE
STAFF REPORT
Item No.: 8.L.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Rick Medina, Senior Planner
DATE: December 1, 2022
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AGREEMENT WITH DENISE DUFFY & ASSOCIATES IN
AN AMOUNT NOT TO EXCEED $138,972.00, TO BE
REIMBURSED BY THE DEVELOPER, TO PROVIDE CONDITION
COMPLIANCE AND MITIGATION MONITORING FOR THE HOTEL
COMPONENT OF THE SEASIDE RESORT DEVELOPMENT
RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute an agreement with Denise Duffy & Associates for compliance and mitigation monitoring for the hotel component of the Seaside Resort Development.
BACKGROUND
PURPOSE
Contracts for professional services which exceed $25,000.00 must be reviewed and approved by the City Council.
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution provided as Exhibit “A” authorizing the City Manager to execute a contract agreement with DD&A, Inc., for an amount not to exceed One Hundred and Thirty eight Thousand and Nine Hundred and Seventy Two Dollars ($138.972.00) for the mitigation monitoring and condition compliance for the construction of a 330 room hotel project on Seaside Resort Project site.
BACKGROUND
The Seaside Resort Project was approved by the City of Seaside City Council and the Redevelopment Agency on July 7, 2005. The location Map of the Seaside resort project Packet Page 177
Item No. 8.L. Page 2 of 3
is provided as Exhibit B. The approvals authorized development of a 330 room hotel, 170 timeshare units (225 units if each lock-off portion is rented separately), and 125 single family residential lots. The Disposition and Development Agreement for the Seaside Resort was revised in June 2019 and the hotel site of the Seaside Resort Project was sold in late 2019 by Seaside Resort Development to Seaside Peninsula Acquisition Group, in accordance with that agreement.
With the change in ownership, Seaside Peninsula Acquisition Group submitted a modified design review application to address site and architectural design modifications for the construction of the Grand Hyatt Resort Hotel versus the previous design approved in 2005 for the Fairmont Hotel brand. The modifications received approval from the Seaside Planning Commission and Seaside Board of Architectural Review on October 26, 2022. Per Section 15162 of the California Environmental Quality Act Guidelines, an Addendum was prepared to provide a comparison of the environmental factors of the new design with those that were assessed in the Certified Final Environmental Impact Report (FEIR) to verify that the revised design and site layout will remain consistent with the findings, conditions, and Mitigation Measures adopted for the Seaside Resort Project.
The next step for the new hotel ownership is to submit grading and construction level documents for the revised design. Per the Mitigation Monitoring and Reporting Program of the Final Environmental Impact Report and the project conditions of approval, a registered forester/biologist is required to provide the verification of compliance with the following tasks associated with the Grading and Construction Plans:
Tree Removal and Replacement Plan; and
Conduct pre-construction raptor nesting surveys; and
Prepare and implement a Contractor Education Program; and Conduct biological monitoring during grading and foundation preparation operations; and
Conduct multi-year tree monitoring.
A request for Scope and Budget to complete mitigation monitoring and condition compliance services was sent to DD&A, Inc. The proposed contract and scope of work are included as part of the Draft Resolution, Attachment 1 (Contract) and Attachment 2 (Scope of Work). Additionally, DD&A, Inc., is being recommended as the selected Project Environmental Review Consultant based on their previous knowledge and information about the site and the firm's strengths in assessing and working on biological monitoring and restoration on the former Fort Ord lands listed below:
DD&A’s demonstrated experience and success in managing projects of similar nature and scope that involve the assessment and monitoring of special habitats and species, such as the California Central Coast Veterans Cemetery, The Local Agency Formation Commission (LAFCO) Annexation for Seaside Campus Town and Parker Flats Apartments, the Fort Ord Natural Reserve Rare Plant Monitoring, Marina Coast Water Packet Page 178
Item No. 8.L. Page 3 of 3
District Recycled Urban Water Augmentation Project, Pure Water Groundwater Replenishment, the Shea Homes residential component of the Seaside Resort project and other Fort Ord projects.
DD&A’s demonstrated understanding of the Project and the complex issues and constraints associated with environmental factors and monitoring of development projects on the former Fort Ord property.
The firm’s capacity and commitment to dedicate resources, including key principal staff, is available to provide the solicited project environmental review services within a timeframe of 24 months and budget to accommodate the necessary special project Mitigation Measures and biological studies.
FISCAL IMPACT
The approval of this contract agreement will have no financial impact to the City’s General Fund. This contract is subject to a Reimbursement Agreement with the Developer of the Hotel site.
ATTACHMENTS
1. Exhibit A - Draft Resolution DDA Inc Contract
2. Exhibit A - Attachment 1 - Condition of Approval Compliance Contract
3. Exhibit A - Attachment 2 - Consultant Proposal
4. Exhibit B - Location Map
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SEASIDE CITY COUNCIL, AUTHORIZING
THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT AWARDING A CONSULTANT CONTRACT TO DENISE DUFFY AND ASSOCIATES, INC (DD&A)., TO PROVIDE CONDITION COMPLIANCE
AND MITIGATION MONITORING FOR THE CONSTRUCTON OF THE
PROPOSED SEASIDE RESORT HOTEL AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE CONTRACT FOR AN AMOUNT NOT-TOEXCEED ONE HUNDRED AND THIRTY EIGHT THOUSAND AND NINE HUNDRED AND SEVENTY TWO DOLLARS ($138,972.00).
WHEREAS, KDG Capital (the “applicant”), plans to implement certain land use entitlements and other regulatory grading and construction level documents for the construction of the Hotel component of the Seaside Resort Project (the “Project”); and WHEREAS, the City of Seaside has certain regulatory jurisdiction over various aspects of the Project since the Project is located within the jurisdiction of the City of Seaside (the “City”), and
WHEREAS, the project would be subject to the conditions of approval that were adopted as part of the Seaside Resort Project and mitigation measures outlined in the Mitigation Monitoring and Reporting Program that was included as part of the certified Final Environmental Impact Report (FEIR) for the project; and WHEREAS, per the Mitigation Monitoring and Reporting Program of the FEIR and he project conditions of approval, a registered forester/biologist is required to provide the verification of compliance with the following tasks associated with the Grading and Construction Plans as outlined in the Scope of Work of the contract proposal provided as Attachment A:
1. Tree Removal and Replacement Plans, and
2. Conduct pre-construction raptor nesting surveys, and
3. Prepare and implement a Contractor Education program, and
4. Conduct biological monitoring during grading and foundation preparation, and
5. Conduct multi-year tree monitoring.
WHEREAS, based on the firm’s recent experience and familiarity with the environs of the Seaside Resort Project area, its experience with the other projects on the Former Fort Ord, sufficient staffing capabilities to provide the solicited project management services within the required timeframe and budget, and overall professional qualifications, DD&A has been selected by City of Staff as the most qualified land use planning consultant to perform the scope work for the contract proposal.
NOW, THEREFORE, BE IT RESOLVED that the City of Seaside City Council hereby awards a consultant contract agreement to DD&A, Inc. to provide project condition compliance and Mitigation Monitoring for the construction phases of the proposed Seaside Packet Page 180
Resort Hotel and authorizes the City Manager to execute a contract for a maximum not to exceed amount of One Hundred Dollars ($138,972.00) per the fee estimate/budget outlined in the contract agreement, in substantially similar form as provided in Attachment B.
PASSED AND ADOPTED at a regular meeting of the Seaside City Council held on the 1st of December, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian Oglesby
Mayor
_________________________
Dominique Davis
City Clerk
Packet Page 181
Rev. 2/19 Page 1 Police Commander Recruitment
CITY OF SEASIDE
PROFESSIONAL SERVICES AGREEMENT
Seaside Resort (Grand Hyatt) CEQA Compliance
This agreement is made by and between the City of Seaside (City), and Denise Duffy and Associates, Inc. (Consultant).
A. Engagement: The City agrees to engage the Consultant to provide condition compliance and mitigation monitoring for the construction phases of the Seaside Resort Hotel (Grand Hyatt) as outlined in Attachment A.
B. Relationship: The Consultant is an independent contractor and is not an agent or employee of the City.
C. Compensation: The City shall pay Consultant professional fees in an amount not to exceed $138,972.00. (One Hundred Thirty Eight Thousand and Nine Hundred and Seventy Two Dollars).
D. Expense Reimbursement: City will reimburse for agreed upon expenses upon submission of invoices/receipts.
E. Method of Payment: The City shall pay within 30 days in accordance with Consultant’s Fee Schedule, attached hereto, upon receipt of a written invoice from Consultant detailing services rendered.
F. Term: The term of this agreement shall commence on December 2, 2022 and terminate 24 months thereafter unless extended by the City Council to address any extended construction period or unforeseen circumstances as agreed upon by the City ad Consultant
G. Termination: This agreement may be terminated; (a) by either party at any time for failure of the other party to comply with the terms and conditions of this Agreement; (b) by either party upon 10 days prior written notice to the other party; or (c) upon mutual written agreement of both parties. In the event of termination, the Consultant shall stop work immediately and shall be entitled to compensation for professional fees and expense reimbursement to the date of termination and for any work necessitated by that termination.
H. Indemnity: To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency 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 legal counsel’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its Packet Page 182
officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this agreement. Consultant’s duty to indemnify and hold harmless Agency shall not extend to the Agency’s sole or active negligence.
I. Duty to Defend: In the event the Agency, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this agreement, and upon demand by Agency, Consultant shall defend the Agency at Consultant’s cost or at Agency’s option, to reimburse Agency for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by Agency is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and Agency, as to whether liability arises from the sole or active negligence of the Agency or its officers, employees, or agents, Consultant will be obligated to pay for Agency’s defense until such time as a final judgment has been entered adjudicating the Agency as solely or actively negligent. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.
J. Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as follows:
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 two years after completion of the services required by this agreement.
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.
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Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
K. Project Management. The Senior Planner will represent the City for all purposes under this Agreement. The Project Manager will be Consultant’s point of contact with respect to performance, progress and execution of the Services.
The City may designate an alternate Project Manager from time to time.
L. Ownership of Work Product:
a. Ownership of all imagery, reports, data, studies, surveys, charts, memoranda, and any other documents which are developed, compiled, or produced as a result of this agreement, whether or not completed, shall vest with the City.
b. Materials developed under this agreement are the property of the City and may be used by the City as it sees fit, including the right to distribute, review or publish the same without limitation.
c. The City agrees to hold Consultant harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans, specifications, drawings, maps, models, computer files and other documents for purposes other than those described in this Agreement, unless written authorization of Consultant is first obtained.
d. Notwithstanding the foregoing, Consultant will retain sole and exclusive ownership of all right, title and interest in and to its intellectual property and derivatives thereof which no data or confidential information of the City was used to create and which was developed entirely using Consultant’s own resources. To the extent Consultant’s intellectual property is necessary for the City to use the services provided, Consultant will grant to the City a non-exclusive, royalty-free license to Consultant’s intellectual property solely for the City’s use of such services.
M. Conflict of Interest
a. Consultant shall at all times avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Contract. b. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code §87100 et seq.) Consultant 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 Consultant’s and/or such other person’s financial interests.
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N. Miscellaneous:
a. The entire agreement between the parties with respect to the subject matter hereunder is contained in this agreement.
b. Neither this agreement nor any rights or obligations hereunder shall be assigned or delegated by the Consultant without the prior written consent of the City.
c. This agreement shall be modified only by written agreement duly executed by the City and the Consultant.
d. Should any of the provisions hereunder be found to be invalid, void or voidable by a court, the remaining provisions shall remain in full force and effect.
e. This agreement shall be governed by and construed in accordance with the laws of the State of California.
f. All notices required or permitted under this agreement shall be deemed to have been given if and when deposited in the United States mail, properly stamped and addressed to the party for whom intended at such party’s address listed below, or when delivered personally to such party. A party may change its address for notice hereunder by giving written notice to the other party.
Wherefore, the parties have entered into this agreement as of the later of the dates stated below.
Approved:
Dated: ____________________ Consultant: DD&A, Inc.
By: _________________________
Title: _________________________
Address: ____________________________
_____________________________
Dated: _____________, 2022 City of Seaside:
_______________________
By: Jaime Fontes
Title: City Manager
Packet Page 185
DENISE DUFFY & ASSOCIATES, INC.
PLANNING AND ENVIRONMENTAL CONSULTING
Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com November 17, 2022
Rick Medina
Senior Planner
City of Seaside
SUBJECT: Proposal for Mitigation Monitoring and Condition Compliance for the Seaside Resort Hotel Project
Dear Mr. Medina,
Denise Duffy & Associates, Inc. (DD&A) is pleased to submit a proposal to provide mitigation monitoring and condition compliance for the Seaside Resort Hotel (proposed project), located in the City of Seaside (City) in Monterey County, California. In accordance with Mitigation Measures 5-7 and 12-19 from the project's Mitigation Monitoring and Reporting Program (MMRP) and Conditions 40, 42, 43, 69, 82-84, and 86-87 from Attachment No. 1-D of the project's Disposition and Development Agreement (DDA), DD&A will prepare a Tree Removal and Replacement Plan, conduct pre-construction nesting raptor surveys, prepare and implement a Contractor Education Program, conduct construction biological monitoring during grading and foundation preparation operations, relocate wildlife as needed during construction, and conduct multi-year tree monitoring. In accordance with the implementing actions identified in the MMRP, DD&A will also prepare letter reports documenting mitigation and condition compliance.
If the following scope of work and budget are acceptable, please sign and return the attached Authorization to Proceed form and DD&A will schedule the work accordingly. Please do not hesitate to contact me with any questions at (831) 373-4341 ext. 27 or at [email protected].
Sincerely,
Matt Johnson
Senior Environmental Scientist/Project Manager
DENISE DUFFY & ASSOCIATES, INC.
Packet Page 186
Seaside Resort Hotel Project 2 Proposal for Mitigation and Condition Compliance Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com
SCOPE OF WORK
Task 1. Implement Tree Removal and Replacement Plan
In accordance with Mitigation Measures 5 and 6 from the MMRP and Conditions 82 and 83 from Attachment No. 1-D of the DDA, DD&A's certified arborist will supervise the installation and implementation of the Tree Removal and Replacement Plan which reflects the recommendations of the Forest Management Plan from the project's Environmental Impact Report (EIR). The plan, which has been prepared by the project proponent, identifies specific grading limits and building footprint siting that minimizes tree removal for the Project. DD&A will identify the trees being preserved and/or not being affected and provide guidance on the protection of trees being preserved that are near the construction site. DD&A will also provide typical tree protection methodologies for deployment on the Project.
Deliverable(s): Recommended Tree Protection Methodologies Task 2. Pre-Construction Raptor Surveys
In accordance with Mitigation Measure 14 from the MMRP and Condition 42 from Attachment No. 1-D of the DDA, if construction is scheduled during the raptor nesting and/or breeding season (generally March 1 through August 1) DD&A biologists will conduct a pre-construction survey of trees located in and within 200 feet of the construction zone to determine if active raptor nests are present. If active nests are found within the survey area, DD&A will identify a 200-feet buffer of the active nest(s) where project activities shall be postponed or halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, at the discretion of the biologist.
Deliverable(s): Pre-Construction Raptor Survey Report
Task 3. Prepare and Implement Contractor Education Program In accordance with Mitigation Measure 15 from the MMRP and Condition 43 from Attachment No. 1-D of the DDA, DD&A will prepare and conduct a contractor education program prior to commencement of construction to inform workers of sensitive biological resources in the area, the potential presence of special-status species and their protected status, work boundaries, and measures to be implemented to avoid loss of these species during construction. A project pamphlet or fact sheet conveying this information will be prepared for distribution. This task assumes that DD&A will be responsible for conducting the Contractor Education Program as part of initiation prior to the start of construction-related activities.
Deliverable(s): Contractor Education Program (Pamphlet or Fact Sheet) Task 4. Construction Biological Monitoring
In accordance with Mitigation Measures 6, 7, and 12 from the MMRP and Condition 87 from Attachment No. 1-D of the DDA, DD&A's certified arborist/construction monitors will monitor grading and foundation preparation operations and assist in field adjustments of building and street locations to minimize tree removal and ensure the health of remaining trees and to minimize removal of habitat for Monterey duskyfooted woodrat habitat, black legless lizard, and coast horned lizard. As required by the implementing action in the MMRP for Mitigation Measure 13, DD&A will create a daily log documenting construction activity for the construction crew to maintain. Following grading and foundation preparation operations, DD&A Packet Page 187
Seaside Resort Hotel Project 3 Proposal for Mitigation and Condition Compliance Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com will train one member of the construction crew to act as the construction monitor and maintain the daily log of construction activities.
In accordance with Mitigation Measure 13 from the MMRP and Condition 40 from Attachment No. 1-D of the DDA, DD&A will be available on-call to salvage and relocate any Monterey dusky-footed woodrat, black legless lizard, or coast horned lizard that may be uncovered within the construction zone during earthmoving activities. DD&A will place any recovered individuals in appropriate habitat outside the Project area.
Monthly during construction, DD&A's certified arborist will prepare a Monthly Biological Monitoring Log with photographic documentation certifying that tree replacement measures and the oak woodland habitat protection measures required by Mitigation Measures 6 and 12, respectively, have been satisfactorily implemented. In addition, the letters will include documentation that the flagging or staking around the project grading limits are intact (per Mitigation Measure 16). If necessary, DD&A will identify any noncompliance issues and recommend actions to return the project to compliance.
Typically, construction monitoring and the presence of construction monitors/certified arborists is greater during the initial vegetation removal and grading portion of project construction and wanes as the project site is developed. Following the initial vegetation removal and grading phase of the project construction monitoring and the presence of construction monitors and certified arborists will be reduced to a weekly and on-call basis. This task assumes that construction monitoring will last up to 2 years. If the project exceeds this schedule, a contract amendment may be required. This task assumes that DD&A's existing scientific collecting permits, issued by CDFW, will function as the Memorandum of Understanding (MOU) required by Mitigation Measure 13 and Condition 40 to authorize salvage and relocation of special-status wildlife species. Therefore, additional coordination with CDFW to authorize salvage and relocation of special-status wildlife is not anticipated or included as part of this task. If requested, DD&A is available to provide this service; however, a contract amendment would be required.
Deliverable(s): Monthly Biological Monitoring Log
Task 5. Multi-Year Tree Monitoring
In accordance with Condition 84 from Attachment No. 1-D of the DDA, DD&A's qualified arborist will inspect replacement and/or salvaged and relocated trees two years and five years following planting to determine if the trees are in good health and vigor. DD&A will prepare and submit monitoring reports to the project proponent that identifies health conditions of each tree and recommends actions, if determined necessary, to ensure survival and health of replacement and/or salvaged and relocated trees.
This task assumes that tree replacement will be successful and additional tree planting and monitoring will not be required. If additional monitoring is required beyond the two- and five-year monitoring events, a contract amendment may be required.
Deliverable(s): Two Monitoring Reports (One [1] at Year 2 and One [1] at Year 5) Packet Page 188
Seaside Resort Hotel Project 4 Proposal for Mitigation and Condition Compliance Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com Task 6. Prepare Certification Letters and Documentation Reports The MMRP requires that the project biologist and arborist prepare letter reports for submittal to the City's Public Works Department or Community Development Department certifying that the project is implementing the mitigation measures for biological resources identified in the MMRP. The following subtasks identify the certification letters and documentation reports which DD&A will prepare as part of this task.
Task 6.1. Pre-Development Permit Certification Letter
As required by the MMRP for Mitigation Measures 9, 10, and 11, DD&A will review the project's grading, revegetation, and lighting plans and prepare a letter certifying that the plans include satisfactory habitat protection. In addition, the letter will review construction documents and certify that they include satisfactory language (as identified in Mitigation Measures 6, 12, 14, 17, and 18) for tree and wildlife protection during construction. DD&A will respond to one round of comments from City on a draft letter and prepare a final letter for submittal to the City prior to issuance of development permits.
Deliverable(s): Draft and Final Certification Letter
Task 6.2. Pre-Construction Certification Letter
As required by the MMRP for Mitigation Measures 15 and 16, DD&A will prepare a letter verifying that the project's grading limits have been temporarily delineated (e.g., with stakes or flagging) and the educational program identified in Task 4 has been completed, noting date(s) subject(s) covered, material(s) distributed, and attendees and affiliation with the project. DD&A will respond to one round of comments from City on a draft letter and prepare a final letter for submittal to the City prior commencement of development activities.
Deliverable(s): Draft and Final Certification Letter
Task 6.3. Post-Construction and Tree Replacement Documentation Report As required by the MMRP for Mitigation Measures 5 and 7, DD&A will prepare a letter report with photographic documentation describing the road or structure relocations made and the number of trees affected during the project and certifying that tree replacement has been satisfactorily implemented. DD&A will respond to one round of comments from the City on a draft report and prepare a final report for submittal to the City's Community Development Department.
Deliverable(s): Draft and Final Certification Report
Task 6.4. Pre-Construction Monterey Spineflower Survey Results Technical Memo As required by the MMRP for Mitigation Measures 11a, DD&A will prepare a Technical Memo detailing the results of surveys that were conducted on the project property during the 2022 blooming period for Monterey spineflower. DD&A will respond to one round of comments from City on a draft Technical Memo and prepare a final Technical Memo for submittal to the City prior to issuance of development permits.
Deliverable(s): Draft and Final Technical Memo
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Seaside Resort Hotel Project 5 Proposal for Mitigation and Condition Compliance Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com BUDGET
The cost per task to complete tasks identified above is detailed in the attached spreadsheet. The project will be billed on a time and materials basis by task with a not to exceed amount of $138,987.00.
SCHEDULE
DD&A is available to perform this work immediately after the attached Authorization to Proceed is signed by an authorized representative and all required project information has been received.
ASSUMPTIONS
Excepting certification or documentation letters from the project biologist or arborist (see Task 6 above), this scope of work and budget does not include the tasks identified in Mitigation Measures 9, 10, 11, 11a, 16, 17, 18 from the MMRP or Conditions 41, 44, 45, 48, 49, 68, 69, 85, 86 from Attachment No. 1-D of the DDA (i.e., preparing a revegetation plan, lighting plan, grading plan, or plant palette, conducting Monterey spineflower surveys, delineating the project grading limits, and enforcing construction-phase measures such as trash removal and pet restrictions). It is DD&A's understanding that these tasks have already been completed (i.e., Monterey spineflower surveys) or will be completed by the project proponents’ engineer, landscaper, or contractor.
ATTACHMENTS
Attachment 1. Budget by Task.
Attachment 2. Authorization to Proceed.
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Denise Duffy & Associates, Inc.
Budget for Mitigation and Condition Compliance
for
Seaside Resort Hotel
TASKS #
Tasks
Project ManagerSenior Env. ScientistArboristAssociate Env. ScientistAssistant Env. ScientistGIS/GraphicsAdministrative AssistantTask Total Rate $ 153.00 $ 142.00 $ 128.00 $ 116.00 $ 104.00 $ 111.00 $ 90.00 1 Prepare Tree Removal and Replacement Plan 2 24 24 4 2 $ 6,786 2 Pre-Construction Raptor Surveys 2 4 6 6 2 $ 2,416
3 Prepare and Implement Contractor Education Program 2 2 4 4 2 $ 1,630 4 Construction Biological Monitoring 100 400 400 4 $ 108,460 5 Multi-Year Tree Monitoring 10 24 24 4 $ 7,746
6 Prepare Certification Letters and Documentation Reports 8 4 16 -- 20 14 5 $ 7,924
6.1 Pre-Development Permit Certification Letter 2 2 4 4 4 2 $ 2,142
6.2 Pre-Construction Certification Letter 2 2 4 4 4 1 $ 2,052
6.3 Post-Construction and Tree Replacement Documentation Report 2 8 4 4 1 $ 2,280
6.4 Pre-Construction Monterey Spineflower Survey Results Technical Memo 2 8 2 1 $ 1,450
124 10 464 54 430 24 17
18,972 1,420 59,392 6,264 44,720 2,664 1,530 $ 134,962
$ 138,987
Misc (GPS equipment, supplies, production, etc.) $500.00 Mileage $3,000.00
Administrative Fee (15%) $525.00
Total $4,025.00
Expenses
Total DDA hours by person
Total DDA cost by person
TOTAL
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AUTHORIZATION TO PROCEED
◊◊◊
Note: If the scope and fee described in the Denise Duffy & Associates, Inc. attached proposal are acceptable, please sign and return a copy of this authorization form for our files. The signature below also serves as acceptance of Denise Duffy & Associates, Inc. Standard Terms and Conditions, attached. Thank you.
Project Name: Mitigation Monitoring and Condition Compliance for the Seaside Resort Hotel Project
Accepted by (signature): Dated:
Print Name:
Title:
On Behalf of:
Mailing Address:
Phone:
Fee/Scope Confirmation: Not To Exceed $138,987.00
Existing Contract Date, if applicable:
If invoice should be sent to a different person or location, please complete below:
Mailing Address:_______________________________________________________ Attention:_____________________________________________________________ Return to: Denise Duffy & Associates, Inc.
947 Cass Street, Suite 5
Monterey, CA 93940
Or email: [email protected]
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DENISE DUFFY & ASSOCIATES, Inc.
STANDARD TERMS AND CONDITIONS
Invoices Denise Duffy & Associates, Inc. will submit progress invoices to Client at least as frequently as monthly and a final bill upon completion of services. Each invoice is due on presentation and is past due thirty (30) days from invoice date. Client agrees to pay a finance charge equal to 1.5% on undisputed pastdue accounts.
Workers'
Compensation
Insurance
Denise Duffy & Associates, Inc is protected by Worker's Compensation Insurance as required by applicable state law. Proof of insurance will be provided to Client upon request.
General Liability
Insurance and
Limitation
Denise Duffy & Associates, Inc. is covered by, and agrees to maintain, general liability insurance for bodily injury and property damage arising directly from its negligent acts or omissions, with limits as specified below. Certificates of insurance shall be provided to Client upon request. Denise Duffy & Associates, Inc. shall not be responsible for any loss, damage or liability beyond the amounts, limits and conditions of such insurance as noted below. Denise Duffy & Associates, Inc. shall not be responsible for any loss, damage or liability arising from any act or omission by Client, its agents, staff; other consultants, independent contractors, third parties or others working on the project that have not been hired by Denise Duffy & Associates, Inc. and over which Denise Duffy & Associates, Inc. has no supervision or control.
COVERAGES LIMITS OF LIABILITY
General Liability $1,000,000 each Occurrence
(Including Bodily Injury,
Property Damage and
Contractual Liability) $2,000,000 Aggregate
Automobile Liability $1,000,000 each Occurrence
(Including Bodily
Injury and Property
Damage)
Professional Liability $1,000,000 each Occurrence
$1,000,000 Aggregate
Termination This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure of performance by the other party or if the Client suspends the work for more than three months. In the event of termination, Denise Duffy & Associates, Inc. shall be paid for the services performed prior to the termination notice date plus reasonable termination expenses, including the cost of completing analysis, records and reports necessary to document job status at the time of termination.
Fees Denise Duffy & Associates, Inc. agrees to provide services covered by this Agreement on a time and material basis.
If the project requirements expand beyond the scope of services covered by this Agreement, an additional Service Agreement or a written addendum to this Agreement shall be entered into to cover the revised scope and fee. Should Client authorize a revision in the scope of services without a revision to this Packet Page 193
agreement, Denise Duffy & Associates, Inc. shall be compensated for the services actually performed.
Notices Communications from the Client shall be to Denise Duffy & Associates, Inc. designated Project Manager or to the Denise Duffy & Associates, Inc.
Principal-in-Charge of the project. Verbal communications shall be confirmed in writing.
Disputes If a dispute arises regarding the performance of the services covered by this Agreement, and legal or other costs are incurred, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time at current billing rates, court costs, attorney's fees, and other claim-related expenses.
Indemnification Client and Denise Duffy & Associates, Inc. each agrees to indemnify and hold harmless the other (Indemnitor and Indemnitee), and their respective officers, directors, partners, authorized agents and employees from and against any damages, losses, liabilities, judgments, settlements, expenses, and costs (including reasonable and necessary attorneys' fees, costs and expenses), arising out of the death or bodily injury to any person or destruction or damage to any property, to the extent caused by the Indemnitor’s negligent acts, errors or omissions, or willful misconduct in the performance of services under this Agreement and anyone for whom the Indemnitor is legally liable.
Indemnitor shall only be required to reimburse Indemnitee for its reasonable defense fees and costs, including reasonable attorney’s fees, costs and expenses, in direct proportion to Indemnitor’s negligence on a percentage basis as ultimately determined by a court of competent jurisdiction and further, only to the extent such fees and costs were directly attributable to Indemnitee’s defense of a suit based on Indemnitor’s actual negligence.
The Indemnitor is not obligated to indemnify the Indemnitee for the Indemnitee's own negligence or willful misconduct
Entire Agreement These General Conditions shall be used in combination with a Service Agreement, a proposal, or a contract. These combined documents shall be the entire Agreement and shall supersede any other agreement between Client and Denise Duffy & Associates, Inc. relating to the subject matter. In case of conflict or inconsistency between these General Conditions and any other contract documents, the stricter provisions shall control.
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Location Map
Project Site: 1 McClure Way
Seaside Resort
Project Boundaries
Red Circle
Hotel Location
Blue Circle
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CITY OF SEASIDE
STAFF REPORT
Item No.: 8.M.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Patrick Grogan, Associate Engineer
DATE: December 1, 2022
SUBJECT: ADOPT RESOLUTION AWARDING AN AGREEMENT FOR
CONTRACTOR SERVICES WITH ONE WORKPLACE L. FERRARI
LLC FOR INTERIOR FURNISHING FOR TEN (10) WORK
STATIONS IN THE NEW CITY HALL STAFF TRAILER FOR AN
AMOUNT NOT TO EXCEED $69,825.80
RECOMMENDATION
Adopt a resolution authorizing an Agreement for Contractor Services with One Workplace L. Ferrari LLC to furnish the interior of the New City Hall Staff Trailer for an amount not to exceed $69,825.80.
BACKGROUND
On June 16, 2022, City Council approved the plans and specifications and the construction agreement for the construction, delivery, and installation of a new modular building for the New City Hall Staff Trailer. The new trailer was installed on November 9, 2022. The New City Hall Staff Trailer project is a new modular office space to serve as a work space for ten employees currently housed in City Hall. This modular office space will have two enclosed offices, and an open work space intended to house a conference area, and 8 work stations.
The new trailer also requires ordering, delivering, and installing cubicle systems and associated desks, and office furniture. City staff requested that One Workplace L.
Ferrari LLC design the office layout and source needed materials and furnishings through a Sourcewell cooperative purchasing agreement. Renderings of the interior layout and material selection of furnishings through a Sourcewell contract were completed in November 2022.
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Item No. 8.M. Page 2 of 2
On November 21, 2022, One Workplace L. Ferrari LLC, doing business as Peninsula Business Interiors, submitted a proposal in the amount of $69,825.80 for furnishings of the new trailer. The proposal was submitted in accordance with Sourcewell Contract #121919-STI. The City of Seaside is a member of Sourcewell. Sourcing the materials through the Sourcewell cooperative purchasing agreement does not require competitive bidding, as Sourcewell holds hundreds of competitively solicited cooperative contracts.
ENVIRONMENTAL COMPLIANCE
Pursuant to preliminary review of the activities associated with this project in accordance with Section 15061 of the California Environmental Quality Act (CEQA) Guidelines, this project is Categorically Exempt under the following sections:
Class 3, New Construction - Section 15303(c): The new modular office building is less than 2,500 square feet; all necessary services exist at the site; and the area is not environmentally sensitive.
Class 4, Minor Alterations to Land - Section 15304(b): Removal and replacement of existing irrigated lawn, which does not include mature or scenic trees, with drought resistant vegetation.
FISCAL IMPACT
The proposed agreement with One Workplace L. Ferrari LLC is for a not to exceed amount of $69.825.80. In addition, a construction contingency of 10%, or $6,982.58, is required for expenses from unforeseeable issues that may arise during furnishing for the project.
The New City Hall Staff Trailer furnishing expenses were included in the FY 2022/2023 budget for the New City Hall Staff Trailer Project (Account No. 344-8910-9562).
ATTACHMENTS
1. Resolution
2. Agreement for Contractor Services
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 197
RESOLUTION NO. 22-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE
AUTHORIZING AN AGREEMENT FOR CONTRACTOR SERVICES TO ONE
WORKPLACE L FERRARI LLC FOR FURNISHINGS FOR THE NEW CITY HALL STAFF TRAILER FOR AN AMOUNT NOT TO EXCEED $69,825.80 AND TOTAL PROJECT CONSTRUCTION COST INCLUDING CONTINGENCY OF $76,808.38 WHEREAS, On June 16, 2022, City Council approved the plans and specifications and the construction agreement for the construction, delivery, and installation of a new modular building for the New City Hall Staff Trailer (Project); and WHEREAS, the new trailer was delivered and installed on November 9, 2022; and WHEREAS, the Project requires the ordering, delivering and installation of commercial furnishings for the New City Hall Staff Trailer project; and WHEREAS, the new trailer is to provide 10 work stations for city hall staff; WHEREAS, One Workplace L Ferrari LLC provided a proposal in the amount of $69,825.80, in accordance with the Sourcewell Contract #121919-STI, to provide furnishings for 10 work stations; and
WHEREAS, an amount of $6,982.58 contingency, 10% of the contract value, should be authorized on an as required basis; and
WHEREAS, One Workplace L Ferrari has successfully completed similar office modification projects for the City; and
WHEREAS, the project is categorically exempt per Article 19, section 15303(c) & 15304(b) of CEQA; and
WHEREAS, the Project expenses for the furnishings was included in the fiscal year 2022/23 City Capital Improvement Budget for the New City Hall Staff Trailer Project (Account No. 344-8910-9562); and
NOW, THEREFORE BE IT RESOLVED, the City of Seaside City Council authorizes the City Manager to execute an Agreement for Contractor Services with One Workplace L Ferrari LLC for an amount not to exceed $69,825.80.
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BE IT FURTHER RESOLVED, the City Council of the City of Seaside authorizes the City Manager to execute up to an additional 10% contingency for written amendments, extensions, and change orders to the construction agreement outlined above such that the full value may not exceed $76,808.38.
PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 1st day of December, 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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NEW CITY HALL STAFF TRAILER FURNISHING
Rev. 1/18 Page 1 COS Contractor Services
CITY OF SEASIDE
AGREEMENT FOR CONTRACTOR SERVICES
NEW CITY HALL STAFF TRAILER FURNISHING
THIS AGREEMENT FOR CONTRACTOR SERVICES is made and effective as of ___________, 2022, between the City of Seaside, a municipal corporation ("City") and One Workplace L. Ferrari, LLC, a corporation, ("Contractor") whose current and valid Contractor’s License # 852389, 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 _____________ 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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NEW CITY HALL STAFF TRAILER FURNISHING
Rev. 1/18 Page 2 COS Contractor Services
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 City's Request for Proposal, Exhibit A 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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NEW CITY HALL STAFF TRAILER FURNISHING
Rev. 1/18 Page 3 COS Contractor Services
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 "A", attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed SIXTY NINE THOUSAND EIGHT HUNDRED TWENTY FIVEDOLLARS, EIGHTY CENTS ($69,825.80) 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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NEW CITY HALL STAFF TRAILER FURNISHING
Rev. 1/18 Page 4 COS Contractor Services
(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 Contractor; 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, 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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NEW CITY HALL STAFF TRAILER FURNISHING
Rev. 1/18 Page 5 COS Contractor Services
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.
13. WARRANTIES
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NEW CITY HALL STAFF TRAILER FURNISHING
Rev. 1/18 Page 6 COS Contractor Services
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 the Division of Labor Statistics and Research, Prevailing Wage Unit, P. O. Box 420603, San Packet Page 205
NEW CITY HALL STAFF TRAILER FURNISHING
Rev. 1/18 Page 7 COS Contractor Services
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.
Packet Page 206
NEW CITY HALL STAFF TRAILER FURNISHING
Rev. 1/18 Page 8 COS Contractor Services
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: _One Workplace L. Ferrari, LLC_
Packet Page 207
NEW CITY HALL STAFF TRAILER FURNISHING
Rev. 1/18 Page 9 COS Contractor Services
_2500 De La Cruz Boulevard_
_Santa Clara, CA 95050_____
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, 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 Packet Page 208
NEW CITY HALL STAFF TRAILER FURNISHING
Rev. 1/18 Page 10 COS Contractor Services
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:
Date: Date:
Attachments: Exhibit A Proposal/Scope of Work
Exhibit B Insurance Requirements
Packet Page 209
NEW CITY HALL STAFF TRAILER FURNISHING Exhibit A
EXHIBIT A
PROPOSAL/SCOPE OF WORK
Packet Page 210
Quotation 690956
Quote Date 11/18/22
Project 227692
Customer SEA100
Terms Net 30
Account Representative Casey Faylor
PATRICK GROGAN
CITY OF SEASIDE
440 HARCOURT AVE
SEASIDE CA 93955-4708
PATRICK GROGAN
CITY OF SEASIDE
440 HARCOURT AVE
SEASIDE CA 93955-4708
Quote To Ship To
Phone +1 (831) 899-6885 Phone +1 (831) 899-6885
[email protected] [email protected]
All prices are guaranteed for 30 days from date of quotation unless otherwise specified in a Master Services Agreement (MSA).
PLEASE DELIVER TO: 440 Harcourt Ave, Seaside, CA 93955
Description Quantity Unit Price Extended Price
1 UFB - Bracket-Flush mount T 2 15.60 31.20
Steelcase
Tag For BRKT
2 ACTVBASE90120 - AMQ Activ Pro 3 Base 90/120 T 2 791.28 1,582.56 Depth: 24.00000
Base Finish: Paint F1 - Platinum
Leg Type: T-Leg
AMQSolutio
Tag For AP3-24
3 ACTVBASES3 - AMQ Activ Pro 2 Base 3 Stage T 8 467.88 3,743.04 Depth: 30.00000
Base Finish: Paint F1 - Platinum
Leg Type: T-Leg
Castors or Glides: Glides
AMQSolutio
Tag For AP-30-T
4 AMQCFINTRO - CF Series Intro Single T 20 167.98 3,359.60 Arm Finish: Textured Paint 7018 - PEWTER
Tilt Head Option: Intro Standard Tilt Head
Bracket Type: C-Clamp
AMQSolutio
Tag For CFI-S-C
Exhibit A
Packet Page 211
Quotation 690956
Description Quantity Unit Price Extended Price
5 AMQCRBK - Bookcase-15"D 6T 427.91 2,567.46
Width: 30.00000
Height: 41.78125
Case Finish: Woodgrain LPL 25L5 - VIRGINIA WALNUT (LPL) AMQSolutio
Tag For BC/2/30
7 AMQCRBK - Bookcase-15"D 1T 483.60 483.60
Width: 30.00000
Height: 66.50000
Case Finish: Woodgrain LPL 25L5 - VIRGINIA WALNUT (LPL) AMQSolutio
Tag For BC/4/30
8 AMQCRBK - Bookcase-15"D 1T 492.81 492.81
Width: 36.00000
Height: 66.50000
Case Finish: Woodgrain LPL 25L5 - VIRGINIA WALNUT (LPL) AMQSolutio
Tag For BC/4/36
9 AMQCRCD2HFSLFL - Credenza Two High Full Storage, Lateral/Open 2T 954.64 1,909.28 Depth: 24.00000
Width: 60.00000
Case Finish: Woodgrain LPL 25L5 - VIRGINIA WALNUT (LPL) Headset Finish: Woodgrain LPL 25L5 - VIRGINIA WALNUT
(LPL)
Storage Type: Open/Lateral File
Handedness: Left Hand
Top: With Top
Top Surface Finish: Woodgrain LPL 25L5 - VIRGINIA WALNUT (LPL)
Edge Finish: Plastic - PG1 6242 - VIRGINIA WALNUT
Application: Full
Keys: Standard Key Plug
Lock Finish: Polished Chrome 9201 - POLISHED CHROME
Pull Option: Ledge Pull
Pull Finish: Smooth Metallic 4799 - PLATINUM METALLIC
Worksurface Thickness: 1.12500
AMQSolutio
Packet Page 212
Quotation 690956
Description Quantity Unit Price Extended Price
9 Tag For 24/60
10 AMQCRCD2HFSLFR - Credenza Two High Full Storage, Open/Lateral 4T 954.64 3,818.56 Depth: 24.00000
Width: 60.00000
Case Finish: Woodgrain LPL 25L5 - VIRGINIA WALNUT (LPL) Headset Finish: Woodgrain LPL 25L5 - VIRGINIA WALNUT
(LPL)
Storage Type: Open/Lateral File
Handedness: Right Hand
Top: With Top
Top Surface Finish: Woodgrain LPL 25L5 - VIRGINIA WALNUT (LPL)
Edge Finish: Plastic - PG1 6242 - VIRGINIA WALNUT
Application: Full
Keys: Standard Key Plug
Lock Finish: Polished Chrome 9201 - POLISHED CHROME
Pull Option: Ledge Pull
Pull Finish: Smooth Metallic 4799 - PLATINUM METALLIC
Worksurface Thickness: 1.12500
AMQSolutio
Tag For 24/60
11 AMQCRCD2HKSSPL - Credenza Two High with Kneespace, Single 1T 856.66 856.66 Left Hand Pedestal
Depth: 24.00000
Width: 72.00000
Case Finish: Woodgrain LPL 25L5 - VIRGINIA WALNUT (LPL) Headset Finish: Woodgrain LPL 25L5 - VIRGINIA WALNUT
(LPL)
Top: With Top
Top Surface Finish: Woodgrain LPL 25L5 - VIRGINIA WALNUT (LPL)
Edge Finish: Plastic - PG1 6242 - VIRGINIA WALNUT
Application: Full
Modesty Panel: Full
Support - Left: Box/Box/File Pedestal
Keys: Standard Key Plug
Lock Finish: Polished Chrome 9201 - POLISHED CHROME
Pull Option: Ledge Pull
Pull Finish: Smooth Metallic 4799 - PLATINUM METALLIC
Packet Page 213
Quotation 690956
Description Quantity Unit Price Extended Price
11 Pull Finish: Worksurface Thickness: Smooth Metallic 4799 - PLATINUM METALLIC 1.12500 AMQSolutio
Tag For 24/72
12 AMQCRCT - Top- Common, Rectangular 8T 130.22 1,041.76 Depth: 30.00000
Width: 65.75000
Top Surface Finish: Woodgrain LPL 25L5 - VIRGINIA WALNUT (LPL)
Edge Finish: Plastic - PG1 6242 - VIRGINIA WALNUT
Worksurface Thickness: 1.12500
AMQSolutio
Tag For CT/30/65.7500
13 AMQCRL4H - Lateral-Four-High,File/File/File/File 1T 1,194.13 1,194.13 Depth: 18.87500
Width: 30.00000
Top: With Top
Top Surface Finish: Woodgrain LPL 25L5 - VIRGINIA WALNUT (LPL)
Edge Finish: Plastic - PG1 6242 - VIRGINIA WALNUT
Worksurface Thickness: 1.12500
Case Finish: Woodgrain LPL 25L5 - VIRGINIA WALNUT (LPL) Headset Finish: Woodgrain LPL 25L5 - VIRGINIA WALNUT
(LPL)
Lock Finish: Polished Chrome 9201 - POLISHED CHROME
Keys: Key Plug
Pull Option: Ledge Pull
Pull Finish: Smooth Metallic 4799 - PLATINUM METALLIC
AMQSolutio
Tag For LF/30/FF
14 AMQCRL4H - Lateral-Four-High,File/File/File/File 1T 1,233.07 1,233.07 Depth: 18.87500
Width: 36.00000
Top: With Top
Top Surface Finish: Woodgrain LPL 25L5 - VIRGINIA WALNUT (LPL)
Edge Finish: Plastic - PG1 6242 - VIRGINIA WALNUT
Worksurface Thickness: 1.12500
Case Finish: Woodgrain LPL 25L5 - VIRGINIA WALNUT (LPL) Packet Page 214
Quotation 690956
Description Quantity Unit Price Extended Price
14 Headset Finish: Woodgrain LPL 25L5 - VIRGINIA WALNUT (LPL)
Lock Finish: Polished Chrome 9201 - POLISHED CHROME
Keys: Key Plug
Pull Option: Ledge Pull
Pull Finish: Smooth Metallic 4799 - PLATINUM METALLIC
AMQSolutio
Tag For LF/36/FF
15 AMQCRRECTBL - Table, Rect 1T 965.10 965.10
Depth: 48.00000
Width: 96.00000
Worksurface Thickness: 1.12500
Top Surface Finish: Woodgrain LPL 25L5 - VIRGINIA WALNUT (LPL)
Edge Finish: Plastic - PG1 6242 - VIRGINIA WALNUT
Base Type: Rectangular Base
Rectangular Base Finish: Woodgrain LPL 25L5 - VIRGINIA
WALNUT (LPL)
Power: No Power
AMQSolutio
Tag For 48/96/RB
16 AMQTSAE98669 - Base power in 3 circuit 2T 159.17 318.34 Wiring Option: Shared Powerway Wiring
AMQSolutio
Tag For BPI
17 AMQTSAES - Receptacle 3 circuit Shared neutrals Line 3 15 2T 131.19 262.38 amperage Package quantity 6
Harness Option: Shared Harness
Receptacle Option: Line 1
AMQSolutio
18 AMQTSAES - Receptacle 3 circuit Shared neutrals Line 3 15 1T 131.19 131.19 amperage Package quantity 6
Harness Option: Shared Harness
Receptacle Option: Line 2
AMQSolutio
19 AMQTSAPF - Panel Tackable Monolithic 6T 246.78 1,480.68 Width: 24.00000
Height: 66.00000
Packet Page 215
Quotation 690956
Description Quantity Unit Price Extended Price
19 Trim Finish: Smooth Metallic 4799 - PLATINUM METALLIC Surface 1 Finish: Boccie P209 - NEW SKY
Surface 2 Finish: Boccie P209 - NEW SKY
Top Cap Option: Low
Fabric Direction: Horizontal
Power Installation: Factory Installation
Powerway Option: No Powerway
AMQSolutio
Tag For 24/66m
20 AMQTSAPF - Panel Tackable Monolithic 4T 240.36 961.44 Width: 30.00000
Height: 42.00000
Trim Finish: Smooth Metallic 4799 - PLATINUM METALLIC
Surface 1 Finish: Boccie P209 - NEW SKY
Surface 2 Finish: Boccie P209 - NEW SKY
Top Cap Option: Low
Fabric Direction: Horizontal
Power Installation: Factory Installation
Powerway Option: No Powerway
AMQSolutio
Tag For 30/42m
21 AMQTSAPF - Panel Tackable Monolithic 6T 280.27 1,681.62 Width: 30.00000
Height: 66.00000
Trim Finish: Smooth Metallic 4799 - PLATINUM METALLIC
Surface 1 Finish: Boccie P209 - NEW SKY
Surface 2 Finish: Boccie P209 - NEW SKY
Top Cap Option: Low
Fabric Direction: Horizontal
Power Installation: Factory Installation
Powerway Option: No Powerway
AMQSolutio
Tag For 30/66m
22 AMQTSAPF - Panel Tackable Monolithic 4T 262.84 1,051.36 Width: 36.00000
Height: 42.00000
Packet Page 216
Quotation 690956
Description Quantity Unit Price Extended Price
22 Trim Finish: Smooth Metallic 4799 - PLATINUM METALLIC Surface 1 Finish: Boccie P209 - NEW SKY
Surface 2 Finish: Boccie P209 - NEW SKY
Top Cap Option: Low
Fabric Direction: Horizontal
Power Installation: Factory Installation
Powerway Option: No Powerway
AMQSolutio
Tag For 36/42m
23 AMQTSAPF - Panel Tackable Monolithic 12T 297.70 3,572.40 Width: 36.00000
Height: 66.00000
Trim Finish: Smooth Metallic 4799 - PLATINUM METALLIC
Surface 1 Finish: Boccie P209 - NEW SKY
Surface 2 Finish: Boccie P209 - NEW SKY
Top Cap Option: Low
Fabric Direction: Horizontal
Power Installation: Factory Installation
Powerway Option: No Powerway
AMQSolutio
Tag For 36/66m
24 AMQTSAPF - Panel Tackable Monolithic 6T 376.59 2,259.54 Width: 36.00000
Height: 66.00000
Trim Finish: Smooth Metallic 4799 - PLATINUM METALLIC
Surface 1 Finish: Boccie P209 - NEW SKY
Surface 2 Finish: Boccie P209 - NEW SKY
Top Cap Option: Low
Fabric Direction: Horizontal
Power Installation: Factory Installation
Powerway Option: Shared Powerway
AMQSolutio
Tag For 36/66m
25 AMQTSAPF - Panel Tackable Monolithic 1T 368.34 368.34 Width: 48.00000
Height: 66.00000
Packet Page 217
Quotation 690956
Description Quantity Unit Price Extended Price
25 Trim Finish: Smooth Metallic 4799 - PLATINUM METALLIC Surface 1 Finish: Boccie P209 - NEW SKY
Surface 2 Finish: Boccie P209 - NEW SKY
Top Cap Option: Low
Fabric Direction: Horizontal
Power Installation: Factory Installation
Powerway Option: No Powerway
AMQSolutio
Tag For 48/66m
26 AMQTSAPF - Panel Tackable Monolithic 7T 447.23 3,130.61 Width: 48.00000
Height: 66.00000
Trim Finish: Smooth Metallic 4799 - PLATINUM METALLIC
Surface 1 Finish: Boccie P209 - NEW SKY
Surface 2 Finish: Boccie P209 - NEW SKY
Top Cap Option: Low
Fabric Direction: Horizontal
Power Installation: Factory Installation
Powerway Option: Shared Powerway
AMQSolutio
Tag For 48/66m
27 AMQTSAPTC - Trim Vertical Corner 4T 51.37 205.48
Height: 42.00000
Trim Finish: Smooth Metallic 4799 - PLATINUM METALLIC
End Cap Option: Low
AMQSolutio
Tag For J42
28 AMQTSAPTC - Trim Vertical Corner 15T 51.37 770.55
Height: 66.00000
Trim Finish: Smooth Metallic 4799 - PLATINUM METALLIC
End Cap Option: Low
AMQSolutio
Tag For J66
29 AMQTSAPTE - Trim Vertical End of run 4T 37.61 150.44 Height: 42.00000
Trim Finish: Smooth Metallic 4799 - PLATINUM METALLIC
Packet Page 218
Quotation 690956
Description Quantity Unit Price Extended Price
29 End Cap Option: Low
AMQSolutio
Tag For E42
30 AMQTSAPTE - Trim Vertical End of run 12T 37.61 451.32 Height: 66.00000
Trim Finish: Smooth Metallic 4799 - PLATINUM METALLIC
End Cap Option: Low
AMQSolutio
Tag For E66
31 AMQTSASUBL - Overhead Bins with Flat Fronts 6T 489.46 2,936.76 Width: 72.00000
Case Finish: Smooth Metallic 4799 - PLATINUM METALLIC
Lock Finish: Polished Chrome 9201 - POLISHED CHROME
Keys: Standard Key Plug
AMQSolutio
Tag For OH/72
32 AMQTSAWLEL - Worksurface Extended corner Curved Left Hand 1T 340.82 340.82 Width: 72.00000
Depth: 24.00000
Top Surface Finish: Woodgrain LPL 25L5 - VIRGINIA WALNUT (LPL)
Edge Finish: Plastic - PG1 6242 - VIRGINIA WALNUT
AMQSolutio
Tag For 24/72/48/24
33 AMQTSAWLER - Worksurface Extended corner Curved Right Hand 1T 340.82 340.82 Width: 72.00000
Depth: 24.00000
Top Surface Finish: Woodgrain LPL 25L5 - VIRGINIA WALNUT (LPL)
Edge Finish: Plastic - PG1 6242 - VIRGINIA WALNUT
AMQSolutio
Tag For 24/48/72/24
34 AMQTSAWLR - Worksurface Straight 2T 74.53 149.06
Width: 24.00000
Depth: 24.00000
Top Surface Finish: Woodgrain LPL 25L5 - VIRGINIA WALNUT (LPL)
Edge Finish: Plastic - PG1 6242 - VIRGINIA WALNUT
Packet Page 219
Quotation 690956
Description Quantity Unit Price Extended Price
34 AMQSolutio
Tag For 24/24
35 SSRSPEDESTAL - AMQ S-Series Storage Pedestal 10T 233.10 2,331.00 Width: 15.00000
Storage Finish: Paint F1 - Platinum
Cushion: No Cushion
AMQSolutio
Tag For MP/BF
36 TIZUNEST - Tizu Nesting Chair Multipurpose 12T 326.34 3,916.08 Frame: Black Frame, Black Back
Back Type: Mesh Back
Seat Cover Finish: Buzz2 5F17 - Black
Armrests: Fixed Loop
Base: CM:Chrome Base
Castors or Glides: Glides, Black
Packaging: Fully Assembled
AMQSolutio
Tag For TIZU
37 LOCK9201FR - Lock Cylinder-FR Series, Polished Chrome 33T N/C N/C LOCK: 9201 POLISHED CHROME
KEYS: SK SPEC
4-FR350 OFFICE 1
3-FR351 OFFICE 2
4-FR352 CUBE 1
4-FR353 CUBE 2
4-FR354 CUBE 3
4-FR355 CUBE 4
4-FR356 CUBE 5
4-FR357 CUBE 6
1-FR358 TOUCH DOWN DESK 1
1-FR359 TOUCH DOWN DESK 2
Steelcase
41 STEELCASE SURCHARGE - STEELCASE COMMODITY 1T 2.29 2.29
SURCHARGE
Steelcase
42 22110442T - ( Budgetary ) 1T 10,021.43 10,021.43
Labor to deliver, assemble and place:
- Two Pack panel run consisting of:
14 panels, 2 tops with height adjustable base, 4 monitor arms, 2 72” Packet Page 220
Quotation 690956