Agenda packet — Seaside City Council, April 6, 2023 (part 1 of 2)

A G E N D A

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVE (COUNCIL CHAMBER) AGENCY TO THE Thursday, April 6, 2023
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.

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City Council REGULAR Meeting April 6, 2023 5:00 PM Agenda Page 2

1. CALL TO ORDER

2. ROLL CALL – ESTABLISHMENT OF QUORUM
Ian N. Oglesby
David R. Pacheco
Alexis Garcia-Arrazola
Rita Burks
Alex Miller
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. VACCINATION UPDATE (FIRE CHIEF MARY GUTIERREZ)
B. SAN PABLO PEDESTRIAN BRIDGE PROJECT UPDATE (NISHA PATEL,

PUBLIC WORKS DIRECTOR/ CITY ENGINEER)
C. CAPITAL IMPROVEMENT PROGRAM UPDATE (NISHA PATEL, PUBLIC

WORKS DIRECTOR/ CITY ENGINEER)
D. INTRODUCTION TO THE POLICE DEPARTMENT'S "LIGHTS ON" PROGRAM (POLICE CHIEF, NICK BORGES)
E. CITYWIDE EVENTS AND COMMUNITY ANNOUNCEMENTS (RECREATION Packet Page 2
City Council REGULAR Meeting April 6, 2023 5:00 PM Agenda Page 3

DIRECTOR, DAN MEEWIS)

8. CONSENT AGENDA
A. APPROVE A FEE WAIVER FROM BETHEL MISSIONARY BAPTIST CHURCH

FOR THE USE OF THE LAGUNA GRANDE HALL AND KITCHEN FOR EARNIE MURRAY'S 90TH BIRTHDAY ON APRIL 15, 2023
RECOMMENDATION: Approve the fee waiver request from the Bethel Missionary Baptist Church for the use of Laguna Grande Hall and kitchen to hold Earnie Murray's 90th Birthday in the amount of $872.50, the Organization to provide the City with the non-refundable portion of the deposit of $98.25.

B. ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICE

AGREEMENT WITH BUREAU VERITAS TECHNICAL ASSESSMENTS, LLC

FOR THE CITY FACILITIES CONDITION ASSESSMENTS FOR AN AMOUNT NOT TO EXCEED $91,209.58
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a professional services agreement with Bureau Veritas Technical Assessments, LLC to conduct the City Facilities Condition Assessments for an amount not to exceed $91,209.58.

C. ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICE

AGREEMENT WITH WALLACE GROUP FOR DESIGN, CONSTRUCTION

MANAGEMENT, AND INSPECTION SERVICES FOR THE BIKE SAFE GRATES PROJECT FOR AN AMOUNT NOT TO EXCEED $196,626.00
RECOMMENDATION: Adopt a resolution authorizing a Professional Services Agreement with Wallace Group to design and provide construction management and inspection services for the Bike Safe Grates Project for an amount not to exceed $196,626.00.

D. ADOPT A RESOLUTION APPROVING THE APPLICATION FOR GRANT

FUNDS FROM THE CLEAN CALIFORNIA LOCAL GRANT PROGRAM FOR CONSTRUCTION OF PART 2, PHASE 2 OF THE CUTINO PARK

IMPROVEMENTS PROJECT
RECOMMENDATION: Adopt a resolution to apply for grant funds from the Clean California Local Grant Program for construction of Part 2, Phase 2 of the Cutino Park Improvement Projects.

E. ADOPT A RESOLUTION AUTHORIZING AN AGREEMENT WITH

MONTEREY-SALINAS TRANSIT (MST) FOR REIMBURSEMENT OF COSTS

TO DELIVER THE NOCHE BUENA STREET MST BUS STOP (BULB OUT

PROJECT), AND AMENDING THE CAPITAL IMPROVEMENT PROGRAM TO

INCLUDE THE PROJECT
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute Packet Page 3
City Council REGULAR Meeting April 6, 2023 5:00 PM Agenda Page 4 an agreement with Monterey-Salinas Transit (MST) for reimbursement of construction costs for bus stop improvements at the northwest corner of the intersection of Noche Buena Street and San Pablo Avenue and amending the Capital Improvement Program (CIP) to include the Noche Buena Street MST Bulb Out Project.

F. ADOPT A RESOLUTION AUTHORIZING AMENDMENT NO. 5 TO THE

PROFESSIONAL SERVICE AGREEMENT WITH WALLACE GROUP TO

PROVIDE EXPANDED CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE FIRE STATION NO. 1 UPGRADES PROJECT FOR AN AMOUNT NOT TO EXCEED $18,454.00
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute amendment no. 5 to the professional service agreement with Wallace Group to provide expanded construction management and inspection services for the Fire Station Upgrades Project for an amount not to exceed $18,454.00.

G. ADOPT A RESOLUTION DECLARING THE CONSTRUCTION WORK AN

EMERGENCY AND APPROVING AN AGREEMENT FOR CONTRACTOR
SERVICES WITH PREMO ROOFING FOR THE FIRE STATION NO. 1
REROOF PROJECT FOR AN AMOUNT NOT TO EXCEED $103,280.00
RECOMMENDATION: Adopt a resolution:

1.Declaring the re-roof project as an emergency because it is necessary to prevent danger to life and property;

2.Approving an Agreement for Contractor Services with Premo Roofing for the Fire Station No 1 Reroof Project for an amount not to exceed $103,280.00;

3.Establishing a 20% contingency for a total project construction amount not to exceed $123,936.00; and

4. Authorizing the City Manager to execute the Agreement for Contractor Services, and approve any extensions and change orders until completion of the project in accordance with the plans up to the total project construction amount.

H. ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICE

AGREEMENT WITH SCHAAF & WHEELER FOR PREPARATION OF A STORM DRAIN MASTER PLAN FOR AN AMOUNT NOT TO EXCEED $193,000.00 RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a professional service agreement with Schaaf & Wheeler for preparation of a Storm Drain Master Plan for an amount not to exceed $193,000.00.

I. ADOPT A RESOLUTION AUTHORIZING THE CLOSURE OF CLEMENTINA

AVENUE TO THROUGH TRAFFIC FROM DEL MONTE BOULEVARD TO THE

ROUNDABOUT FOR THE WEATHER TECH RACEWAY LAGUNA SECA EVENT ON MAY 10, 2023
RECOMMENDATION: Adopt a resolution permitting the closure of Clementina Avenue to through traffic from Del Monte Boulevard to the Roundabout to ensure public safety during the Weather Tech Raceway Laguna Seca event on Wednesday, May 10, 2023.

J. ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICE Packet Page 4
City Council REGULAR Meeting April 6, 2023 5:00 PM Agenda Page 5

AGREEMENT WITH HINDERLITER DE LLAMAS AND ASSOCIATES (HDL)

FOR UTILITY USER TAX PROGRAM ADMINISTRATION WITH A ONE YEAR

TERM AND TWO OPTIONAL ONE YEAR RENEWAL PERIODS FOR A TOTAL THREE YEAR CONTRACT AMOUNT NOT TO EXCEED $74,184.00
RECOMMENDATION: Adopt a resolution authorizing a professional service agreement with HdL for Utility User Tax Program administration.

9. BUSINESS ITEMS
A. DISCUSS AND CONSIDER THE POTENTIAL CENSURE OF COUNCIL MEMBER ALEX MILLER FOR HIS FACEBOOK POST OF MARCH 17, 2023 RECOMMENDATION: Discuss and consider the potential censure of Council member Alex Miller for his Facebook post of March 17, 2023.

B. DISCUSS AND PROVIDE DIRECTION ON THE POTENTIAL UPDATE TO THE

CURRENT CODE OF CONDUCT AND ETHICS
RECOMMENDATION: Direct City Manager and City Attorney to return with a proposed update to the current code of conduct for all public representatives (City Council, Boards and Commissions)
C. APPROVE A FEE WAIVER FROM SARANGSAM PRISON MINISTRY FOR THE

USE OF THE LAGUNA GRANDE HALL AND KITCHEN FOR THEIR MUSIC FESTIVAL ON OCTOBER 7, 2023
RECOMMENDATION: Approve the fee waiver request from the Sarangsam Prison Ministry for the use of Laguna Grande Hall and kitchen to hold their Music Festival in the amount of $1,553.85
D. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER

INTO AN AGREEMENT FOR PROFESSIONAL SERVICES WITH EVERYONE'S

HARVEST FOR THE OPERATION OF SEASIDE'S CERTIFIED FARMERS MARKET YEAR ROUND FOR A NOT TO EXCEED AMOUNT OF $24,600.00 A

YEAR FOR A TERM OF TWO YEARS
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute an agreement with Everyone's Harvest to operate the Seaside Certified Farmer's Market on a year-round basis for a term of two years.

10. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS
B. FOLLOW UP ON PREVIOUS REQUESTS

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

COMMENTS AND REPORTS ON COMMITTEE ASSIGNMENTS
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City Council REGULAR Meeting April 6, 2023 5:00 PM Agenda Page 6 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.

12. CLOSED SESSION
Pursuant to Government Code Section 54956 et seq., the City Council and Successor Agency to Redevelopment Agency may adjourn to a Closed Session to consider specific matters dealing with litigation, certain personnel matters, property negotiations or to confer with the City Attorney. Public comments on these items are taken after being read by the City Attorney. For the public record, please state your name.

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

Negotiating Parties: City of Seaside and KB-Bakewell Seaside Venture LLC Under Negotiation: Price, Terms of Payment or Both
B. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 - EXISTING LITIGATION
California Public Utilities Commission Proceeding Application 21-11-024 In the Matter of California-American Water Company to obtain approval of Amended and Restated Water Purchase Agreement
C. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 - POTENTIAL LITIGATION
Potential Litigation (3 Matters)

13. ADJOURNMENT
Next Regularly Scheduled Meeting:

April 20, 2023
5:00 PM
The City of Seaside is committed to providing accessible facilities and accommodating people with disabilities in all of its services programs and activities. If special considerations are needed by any person to fully participate in this meeting, contact the City Clerk at 899-6707 no fewer than two business days prior to the meeting to allow reasonable arrangements. Agendas are posted at:
http://www.ci.seaside.ca.us/129/City-Council-Committee-Agendas Agenda-related writings or documents provided during public meetings are available for public inspection during the meeting or from the office of the City Clerk. This agenda is posted in compliance with California Governor Newsom's Executive Orders N-29-20 and N-33-20.

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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: April 6, 2023
SUBJECT: APPROVE A FEE WAIVER FROM BETHEL MISSIONARY BAPTIST

CHURCH FOR THE USE OF THE LAGUNA GRANDE HALL AND
KITCHEN FOR EARNIE MURRAY'S 90TH BIRTHDAY ON APRIL
15, 2023

RECOMMENDATION
Approve the fee waiver request from the Bethel Missionary Baptist Church for the use of Laguna Grande Hall and kitchen to hold Earnie Murray's 90th Birthday in the amount of $872.50, the Organization to provide the City with the non-refundable portion of the deposit of $98.25.

BACKGROUND
The Bethel Missionary Baptist Church is requesting a fee waiver to help cover the cost associated with Earnie Murray's 90th Birthday in the Laguna Grande Hall at the Oldemeyer Center on Saturday, April 15, 2023, from 8:00 a.m. to 10:00 p.m.

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 $98.25 to go towards the building maintenance fund.

FISCAL IMPACT
The approximate fees which are applicable to this request are:

Laguna Grande Hall & Kitchen Fee 14 Hours @
$56.25
$787.50
Insurance $ 85.00
Deposit Non Refundable Portion $ 98.25
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Item No. 8.A. Page 2 of 2
TOTAL $970.75
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 $872.50.

ATTACHMENTS

1. Fee Waiver Request - Bethel Missionary Baptist Church 2023

2. Bethel Missionary Baptist Church 501 (c)(3)
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.B.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Kirstin van Gend, Administrative Analyst II
DATE: April 6, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL

SERVICE AGREEMENT WITH BUREAU VERITAS TECHNICAL

ASSESSMENTS, LLC FOR THE CITY FACILITIES CONDITION
ASSESSMENTS FOR AN AMOUNT NOT TO EXCEED $91,209.58

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a professional services agreement with Bureau Veritas Technical Assessments, LLC to conduct the City Facilities Condition Assessments for an amount not to exceed $91,209.58.

BACKGROUND
The City Facilities Condition Assessments is a Capital Improvement Program project for FY 2022-2023 with the purpose of conducting comprehensive documentation, analysis of the City’s existing building facilities, and providing comprehensive reviews of the maintenance and repair needs. This analysis will be utilized for prioritizing capital improvements and required maintenance activities, as well as assisting with allocating operating budgets and potentially establishing sinking funds and on-going maintenance schedules.

A Request for Proposals (RFP) was released on December 22, 2022, and proposals were due on February 2, 2023. The City received six (6) proposals in response to the RFP.

The prime consultants of the teams are All Environmental, Inc., Bureau Veritas Technical Assessments, LLC, Facility Engineering Associates, P.C., Harkins & Cates LLC, Kitchell, and MOCA Systems, Inc. City staff comprised of the Chief Building Official, Maintenance & Utilities Superintendent, and an Associate Engineer, reviewed and rated the proposals. The proposals were rated based on the qualifications of the project team; project understanding and approach; scope; project management; and, Packet Page 19

Item No. 8.B. Page 2 of 2
references that confirm a record of producing quality product on similar projects on time and within budget.

Bureau Veritas Technical Assessments, LLC (BVTA) was rated highest by all reviewers.

The BVTA proposal is an amount not to exceed $91,209.58.

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a professional services agreement, PSA, with Bureau Veritas Technical Assessments, LLC for the amount not to exceed $91,209.58 to conduct the City Facilities Condition Assessments.

FISCAL IMPACT
The Professional Services Agreement for Bureau Veritas Technical Assessments, LLC to conduct the City Facilities Condition Assessments is for an amount not to exceed $91,209.58. An approximate 10% contingency adds $9,121.00 for a total agreement amount of $100,330.58. The adopted fiscal year 2022/2023 budget for the City Facilities Plan project is $150,000.00 (Account No. 344-8910-9563). There are sufficient funds in the Project budget to enter into a professional services agreement with BVTA.

ATTACHMENTS

1. Resolution

2. Professional Services Agreement
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH BUREAU

VERITAS TECHNICAL ASSESSMENTS, LLC TO CONDUCT THE CITY FACILITIES

CONDITIONS ASSESSMENTS PROJECT FOR AN AMOUNT NOT TO EXCEED $91,209.58
WHEREAS, the City Facilities Condition Assessments project (Project) is adopted in the fiscal year 2022/2023 Capital Improvement Program (CIP) annual budget; and WHEREAS, the request for proposal for professional services was released on December 22, 2022, and proposals were due on February 2, 2023; and WHEREAS, there were six proposals received from All Environmental, Inc., Bureau Veritas Technical Assessments, LLC, Facility Engineering Associates, P.C., Harkins & Cates LLC, Kitchell, and MOCA Systems, Inc.; and
WHEREAS, a comprehensive review and rating of the proposals was performed, by a panel of City staff; and
WHEREAS, Bureau Veritas Technical Assessments, LLC was found to be the most qualified to perform the work; and
WHEREAS, the Bureau Veritas Technical Assessments, LLC proposal was in the amount of $91,209.58; and
WHEREAS, an amount of $9,121.00 contingency, approximately 10% of the professional services agreement amount, should be authorized on an as required basis; and
WHEREAS, the adopted fiscal year 2022/2023 budget for City Facility Plan (Account No 344-8910-9563) is $150,000.00; and
WHEREAS, there are sufficient funds in the City Facility Plan Account to fund the preparation of the city facilities condition assessments by Bureau Veritas Technical Assessments, LLC; and
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute a professional service agreement with Packet Page 21
Bureau Veritas Technical Assessments, LLC for an amount not to exceed amount of $91,209.58 for the professional services for the City Facilities Condition Assessments; and BE IT FURTHER RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to approve up to an additional 10% contingency for written amendments and extensions to the professional services agreement outlined above such that the full value may not exceed $100,330.58.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 6th day of April, 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
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CITY FACILITIES CONDITION ASSESSMENTS
Rev. 1/18 Page 1 COS Design PSA

CITY OF SEASIDE

PROFESSIONAL SERVICE AGREEMENT

FOR THE CITY FACILITIES CONDITION ASSESSMENTS
THIS AGREEMENT, is made and effective ____________________, between the City of Seaside, a municipal corporation ("Agency") and Bureau Veritas Technical Assessments, LLC, a corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on the effective date above and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2024 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 set forth in Exhibit B.

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

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

5. PAYMENT
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CITY FACILITIES CONDITION ASSESSMENTS
Rev. 1/18 Page 2 COS Design PSA
(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 NINETY ONE THOUSAND TWO HUNDREND AND NINE dollars AND FIFTY EIGHT cents ($91,209.58) 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.

CITY FACILITIES CONDITION ASSESSMENTS
Rev. 1/18 Page 3 COS Design PSA
terms of this Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the Agency Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default.

The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records; shall give Agency the right to examine and audit said books and records; shall permit Agency to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, computer discs, and reports prepared by the Contractor under this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Contractor. With respect to computer files, Contractor shall make available to City, at City's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

9. INDEMNITY AND DEFENSE
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CITY FACILITIES CONDITION ASSESSMENTS
Rev. 1/18 Page 4 COS Design PSA
(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.

11. INDEPENDENT CONSULTANT
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CITY FACILITIES CONDITION ASSESSMENTS
Rev. 1/18 Page 5 COS Design PSA
(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.

CITY FACILITIES CONDITION ASSESSMENTS
Rev. 1/18 Page 6 COS Design PSA
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:

To Agency: __City of Seaside__________
__440 Harcourt Ave________
__Seaside, CA 93955_______
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CITY FACILITIES CONDITION ASSESSMENTS
Rev. 1/18 Page 7 COS Design PSA
Attention: City Clerk
To Consultant: ______Bureau Veritas______
___180 Promenade Cir. #150
____Sacramento, CA 95834__
Attention: Erik Piller

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, ___Erik Piller______ shall be the Project Manager and Engineer of Record for the services described in this Agreement.

Erik Piller 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 Erik Piller 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.

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oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

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

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

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

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

CONSULTANT: _________________
By: ______________________________ Date:_________________ Erik Piller, Senior Vice President
City of Seaside
A Municipal Corporation
______________________________ Date:_________________
Jaime M. Fontes, City Manager
Bureau Veritas Technical Assessments LLC
3/17/23
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CITY FACILITIES CONDITION ASSESSMENTS
Rev. 1/18 Page 9 COS Design PSA
Attachments: Exhibit A
Exhibit B
Exhibit C
Exhibit D
Scope of Work
Consultant Proposal
Fee Proposal
Insurance Requirements
Exhibit E Request for Proposal
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CITY FACILITIES CONDITION ASSESSMENTS EXHIBIT A

EXHIBIT A

SCOPE OF WORK
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Description of Services
Project Understanding and Approach
BVTA understands that the Facility Condition Assessment (FCA) Program with the City of Seaside (the “City”) will:
• Include a comprehensive assessment of all sites, buildings, building systems, and infrastructure. • Follow ASTM E2018-15 Standard Guide for Property Condition Assessments, as applicable. • Determine the present condition and estimated life expectancy of various building systems and components. • Identify and document present condition of all physical assets including grounds, facilities, and infrastructure. • Recommend corrections for all deficiencies and provide cost estimates for corrections. • Prioritize and categorize deficient conditions, associated corrective actions, and information concerning building systems and deficiency categories.
• Establish anticipated renewal and replacement costs for the various systems and components. • Result in strategic plan for capital repairs, lifecycle component replacement, and building modernization. • Calculate the Current Replacement Value (CRV) and Facility Condition Index (FCI) for each facility. • Collect Equipment Inventory data for Client properties. • Establish a protocol for facility condition data to migrate/transfer to a CMMS/IWMS system. • Prepare a Preventive Maintenance Plan for assets to uploaded to CMMS system. • Barcode affixation.
• Facility diagrams / as-builts for 5 sites.

We understand that a key factor to performing FCAs is the evaluation of physical needs and accurate forecasting for capital repair and replacement budgets. Pre-emptive measures to manage maintenance budgets and programs are essential in ensuring the elimination of potential issues.

Data Gathering and Interview
During each phase, we will require coordination and support from the City’s facility management.

Data Gathering Phase – BVTA will need the support of staff who can provide us access to drawings and records. The following is a typical list of exhibits requested.
• Inspection reports (sewer, boiler, chiller, etc)
• Building systems Maintenance Records
• Maintenance policy documentation
• Owner elected repair list (if available)
• Original building plans (can be viewed on-site)
• Capital expenditure schedules (prior or planned)
• Fire protection / life safety plans
• Rehabilitation budget and scope (draft or final)
• Certificates of occupancy / facility license
• Prior assessments
• Site plan / floor plans
• Accessibility transition plans / studies
• CMMS / IWMS data set

EXHIBIT A
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In addition to the drawings and records, we will supply a pre-survey questionnaire for each facility or site. Our expectation is that someone with knowledge of maintenance and operations of the facility will complete this survey and be prepared to discuss it with us while on-site.

Site Phase – BVTA will need support in the form of escorts while in the facilities to help us access mechanical areas, to discuss with us any known issues in the facility, and to answer other technical questions.

Report Review Stage – BVTA will provide a complete deliverable for each building.

Client Coordination
Project Director – BVTA will become familiar with the City’s existing Project Directory - property list and contact directory for each location. We will contact or interview the facilities contacts as part of tour process to determine current use requirements and priority of properties based on agency goals.

Facility Access – Working with the City, we will develop procedures to gain Facility Access. Our visits will be coordinated and pre-approved by the City prior to the visit. We will work with the City to establish a protocol that will ensure that our activities will have minimal disruption to the operation of each facility and will maintain a safe work environment.

Team Composition
The project will be managed by a Program Manager who will be your single point of contact. Reporting to the Program Manager will be several Project Managers who are architectural and engineering subject matter experts (SME) in the evaluation of building systems and generating the reports. Larger or more complex sites will have both an architect and an engineering SME. Smaller or simpler buildings will have a single SME field assessor that understands all building systems.

Scope of Services
Prior to assessments beginning, BVTA will conduct a Kick-Off Meeting to review requirements and to consolidate exhibits such as drawings and prior completed reports.

During the term of the project, BVTA will conduct regular Progress Meetings to maintain open communication with the entire project team and the City. BVTA will lead with an agenda that includes a focus on work plan, schedule, and project needs. This will permit the opportunity to proactively address challenges encountered, so that course adjustments may be made. Each meeting will conclude with task assignments, schedules, and goals to be met. BVTA will provide the City with a written status report that tracks and monitors the progress of the assessments against the schedule submitted.

BVTA has allocated time for regular teleconference meetings and the following meetings: Kick-Off Meeting (teleconference) and a Final Findings Presentation meeting. Any additional in-person meetings will be on a time and expense basis.

FIELD ASSESSMENTS
The Assessment Team will conduct a walk-through survey of the facility and site to observe systems and components, identify physical deficiencies, and formulate recommendations to remedy the physical deficiencies.

As a part of the walk-through survey, the Team will survey 100% of each facility. BVTA will survey the exterior and grounds, including the building exterior, roofs, sidewalk/pavement, and recreational/other areas as applicable. They will interview the building maintenance staff about the property’s historical repairs and replacements and their costs, level of preventive maintenance exercised, pending repairs and improvements, and frequency of repairs and replacements. The Assessment Team will develop opinions based on their site assessment, interviews with the City’s Packet Page 34
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building maintenance staff, and interviews with relevant maintenance contractors, municipal authorities, and experience gained on similar properties previously evaluated.

The Team may also question others who are knowledgeable of the property’s physical condition and operation or knowledgeable of similar systems to gain comparative information to use in evaluation of the subject property.

The Assessment Team will review documents and information provided by the City’s maintenance staff that could aid the knowledge of the property’s physical improvements, extent and type of use, and/or assist in identifying material discrepancies between reported information and observed conditions.

The facility condition assessment will include the City-identified assets and will focus on the following facility and site systems and components:

Site + Infrastructure
• Topography: Observe general topography and note any unusual or problematic features or conditions observed or reported.
• Paving, Curbing, and Parking: Identify material types of paving and curbing systems at the property. • Flatwork: Identify material flatwork at the property (sidewalks, plazas, patios, etc.). • Landscaping and Appurtenances: Identify material landscaping features, material types of landscaping (fences, retaining walls), and site appurtenances (irrigation systems, fountains, lighting, signage, ponds). • Utilities: Identify type of material utilities provided to the property (water, electricity, natural gas); and assess condition, physical deficiencies, life cycle repair, and replacement issues.

Recreational Facilities:
• Identify any material on-site recreational facilities such as athletic fields, swimming pools, spas, tennis or basketball courts, jogging or bicycle paths, etc.
• Observe the general conditions and note any reported physical deficiencies or any unusual items or conditions observed or reported.

EV Charging Stations:
• With information provided by the client document the payment software providing access to the charging station, if any.
• Identify the power source for the EV charging station and if possible, determine if the power used is billed to a client electrical meter.
• Determine the age of the equipment and review for deterioration from weather and use. Identify the remaining useful life of the charging station equipment and the cost to replace the equipment. • Review the signage, paving and surface materials around the charging stations for deterioration.

Observations may be subject to grade, and rooftop vantage points. • Visually inspect observable areas for cracking and moisture infiltration as well as areas of apparent foundation settlement and displacement.
• In the event more information or exploratory testing is required, in order to provide remedial measures, the report may include recommendation for additional investigative testing (Tier 1 or Tier 2).

Wall Evaluation
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• Photograph elevations and details both from internal and external vantage points, as well as from adjacent structures where possible.
• Observe representative operable and fixed panels on all facades, operating a representative sample of units to assess hardware and visually inspect exterior conditions and condition of waterproofing seals. • Assess curtain wall condition to determine water infiltration, damage, caulk degradation, metal panel degradation, stone degradation and anchoring, and other related curtain wall issues.

Curtain Wall
• Review curtain wall condition and a sampling of fixed panels on facades to assess hardware and visually review exterior conditions and the condition of waterproofing seals, where accessible without the use of lifts, ladders, scaffolding, suspension devices, or the like; may include observations from internal and external vantage points, as well as adjacent structures. Observations are limited to grade and may include accessible balconies or rooftop vantage points.
• Review provided drawings and records of repair, replacement, and maintenance of framing and glazing.

Roofing (Non-Invasive Visual)
• Identify material roof systems (roof type, reported age, slope, drainage) and any unusual roofing conditions or rooftop equipment.
• Observe general conditions of the roof system (membranes, attachment methods, flashings, counter flashings, pitch pans, gravel stops, parapets, miscellaneous appurtenances, insulation). • Observe for evidence of material repairs, significant ponding, or evidence of material roof leaks. Note if a roof warranty is in effect. Note any physical deficiencies identified or unusual items observed or reported. • Identify material rooftop equipment or accessories (antennas, lightning protection, HVAC equipment, solar equipment). Include any material problems reported.
• BVTA understands that the City will provide OSHA compliant ladders, lifts and/or scaffolding (depending on roof type) so that the Project Manager may safely access roof areas. If requested, BVTA can provide a quote for lift and/or ladder access as needed. Observations will be limited to readily accessible areas.

Plumbing
• Identify material plumbing systems at the property including domestic water supply, sanitary sewer, or any special or unusual plumbing systems (such as water features, fuel systems, gas systems, etc.). • Identify type and condition of restroom fixtures, drinking fountains and/or other plumbing equipment. • Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed. Include any reported material system inadequacies.

Heating
• Identify material heat generating systems at the property. • Observe general conditions, identify reported age of the equipment, note past material component replacements/upgrades, note apparent level of maintenance, and identify if a maintenance contract is in place. If heating equipment is not operational at the time of the walk-through survey, provide an opinion of the condition to the extent reasonably possible.
• Identify and observe any special or unusual heating systems or equipment present (fireplaces, solar heat, etc.) and note any reported material problems or inadequacies.

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• Observe general conditions, identify equipment reported age, note past material component upgrades/replacements and apparent level of maintenance, and identify if a maintenance contract is in place (contractor name). If AC and ventilation systems are not operational at the time of the walk-through survey, provide an opinion of the condition to the extent reasonably possible. • Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed. Additionally, include any material reported system inadequacies or operating deficiencies. • Identify and observe any special or unusual air-conditioning and ventilation systems or equipment (cold storage systems, special computer cooling equipment, etc.) and note any material reported problems or system inadequacies.

Electrical
• Identify the electrical service provided and distribution system at the property. • Include material switchgear disconnects, circuit breakers, transformers, meters, emergency generators, general lighting systems, and other such equipment or systems. • Observe general electrical items (distribution panels, type of wiring, energy management systems, emergency power, lightning protection).
• Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed. Also, note the presence of any special or unusual electrical equipment, systems, or devices at the property, and include reported material problems or system inadequacies.

Life Safety + Fire Protection
• Identify material life safety/fire protection systems at the property, including sprinklers and stand pipes (wet or dry), fire hydrants, fire alarm systems, water storage, smoke detectors, fire extinguishers, emergency lighting, stairwell pressurization, smoke evacuation, etc. • Observe general conditions and note any material physical deficiencies identified or unusual items or conditions observed or reported including any reported system inadequacies.

Elevators + Vertical Transportation
• Identify vertical transportation systems at the property. Include the equipment manufacturer, equipment type, location, number, capacity, etc.
• Observe elevator cabs, finishes, call and communication equipment, etc. • Identify the company that provides elevator/ escalator maintenance at the property. Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed or reported including any reported material system inadequacies.
• Out of Scope Issues: Performing any calculations, examination of operating system components such as cables, controller, motors, etc.; entering elevator/escalator pits or shafts.

Interior Elements
• Identify offices, special use areas, and building standard finishes, including flooring, ceilings, walls, etc.

Furnishings and fixed components will be reviewed and included in the cost estimate tables for replacements.

BVTA will identify material building amenities or special features. • Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed or reported.

Exhaust Collection Systems
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• BV will verify existence of any exhaust collection systems in the apparatus bays. If a system is present, BV will conduct a carbon monoxide (CO) measurement at each exhaust collection system. If the apparatus bay shows evidence of irregular CO/CO2 levels, we will recommend additional testing from an industrial hygienist to determine levels of VOCs, NO2, SO2, CO and diesel exhaust particulates. Additional testing will verify performance standards with fire apparatus idling in bays, on the tarmac, and entering/exiting bays as would occur during normal station operation.

Food Service Spaces and Equipment
• Assess all food service equipment and spaces (kitchen, cafeteria, dining, serving areas). Food service equipment (fixed equipment) will be evaluated for adherence to life/ safety code and ventilation requirements as well for condition and capital replacement.

Special Systems and Equipment
• Include all special systems and equipment, such as Emergency Medical Systems (EMC), chillers, radio towers, equipment lifts, chair lifts, chemical storage or treatment areas, storage tanks, dumbwaiters, vaults, public address systems, and telephone systems.

Limited Accessibility Compliance
• Provide a general statement of the subject building’s likely compliance to the Americans with Disabilities Act to help identify whether Client may be exposed to issues and whether there is the need for further review.

Energy Conservation Analysis
• Consider energy conservation savings when making repair or replace recommendations and include these projects in the project prioritization.

Suspected Fungal Growth and WDI/Termite Damage
• BV will perform a limited assessment of accessible areas for suspected fungal growth and visual inspection of wood destroying insects or termite damage.
• If we discover the presence of mold, conditions conducive to mold growth, and/or evidence of moisture, elevated relative humidity, water intrusion, and mildew-like odors – the affected areas will be photographed and recommendations for any additional moisture intrusion studies will be made. • If we discover the presence of wood destroying insects or damage from termites – the affected areas will be photographed and recommendations for any WDIR studies will be made.

Environmental Features
• BV will review environmental features of the property, to include appearance, cleanliness, acoustics, ventilation, and humidity.

Lead-based Paint
• A review of existing testing data and other documentation regarding lead-based paint that is available onsite is included in the cost of the Facilities Condition Assessment. BV will evaluate physical condition and will develop cost estimates for remediation of paint necessitated by pending renovations. • BV has the capability to provide a licensed lead-based paint inspector to conduct testing using an x-ray fluorescence analyzer at the Project as an additional service. The instrument is completely non-destructive and yields instantaneous results.

Asbestos
• A review of existing testing data and other documentation regarding asbestos that is available onsite is included in the cost of the Facilities Condition Assessment. BV will evaluate physical condition and will develop cost estimates for remediation of asbestos likely to be disturbed by renovations.

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• If asbestos testing is requested, BV will provide a licensed asbestos inspector to collect samples of suspect asbestos-containing materials at the Project as an additional service. Scope of this sampling will be determined after review of existing data, costs will be based on daily rate plus the cost of analysis.

Ranking and Classification
Based upon our observations, research and judgment, along with consulting commonly accepted empirical Expected Useful Life (EUL) tables; BVTA will render our opinion as to when a system or component will most probably necessitate replacement.

Accurate historical replacement records provided by the facility manager are typically the best source for this data.

Exposure to the weather elements, initial system quality and installation, extent of use, the quality and amount of preventive maintenance exercised are all factors that impact the effective age of a system or component. As a result, a system or component may have an effective age that is greater or less than its actual age. The Remaining Useful Life (RUL) of a component or system equals the EUL less its effective age.

CONDITION RANKING OF BUILDING SYSTEMS / EQUIPMENT
BVTA can rate the condition of each facility with the below rating system, or another City-specified scale:
5 Excellent – No visible defects, new or near new condition, may still be under warranty if applicable 4 Good – Good condition, but no longer new, may be slightly defective or deteriorated, but is overall functional 3 Adequate – Moderately deteriorated or defective, but has not exceeded useful life 2 Marginal – Defective or deteriorated in need of replacement; exceeded useful life 1 Poor – Critically damaged or in need of immediate repair; well past useful life BVTA can also include alternative categories to rank and weight priorities as required by the City, such as functional deficiencies, aesthetics, time-based urgencies, and other mission critical factors.

PRIORITY CLASSES
The analysis will include all cost observations be ranked by Priority Classes. The following five classes are typical but can be altered to meet your specifications and needs.

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DEFICIENCY CATEGORIES (UNIFORMAT)
The deficiencies observed will be classified into categories such as those below using the Uniformat System (Level 4):

A10 Foundations
A20 Basement Construction
B10 Superstructure
B20 Exterior Enclosure
B30 Roofing
C10 Interior Construction
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C20 Stair
C30 Interior Finishes
D10 Conveying
D20 Plumbing
D30 HVAC
D40 Fire Protection
D50 Electrical
E10 Equipment
E20 Furnishings
F10 Special Construction
F20 Selective Building Demolition
Cost Estimating
BVTA’s cost estimating database is comprised of RS Means data and further customized with proprietary cost tables developed by BVTA, based on historical and localized actual costs. BVTA maintains and updates our Uniformat-based cost estimating system with information received from the field. Through construction monitoring work, we have current cost data from hundreds of in-progress construction and rehabilitation projects. This data allows us to calculate costs based on local conditions to maintain a cost database that is typically more current than RS Means’ models.

Each report will include a Capital Needs Analysis including an estimated cost for each system or component repair or replacement anticipated during the evaluation term. The report will provide options for repair of the deficiency, and the capital needs analysis will be presented as an Excel-based cost table that includes a summary of the description of each component, the age and estimated remaining useful life, the anticipated year of repair or replacement, quantity, unit cost and total cost for the repair of each line item.

A consolidated Capital Needs Analysis will be presented that includes all anticipated capital needs for all buildings.

The cost estimate for capital deficiencies will be based on the estimate for maintenance and repair, but may at the City’s option, also include project management, construction, and design fees derived using actual costs from previous projects. After determining these costs, we will confirm these costs with the City Staff.

As Built Drawings/Floor Plans
We will generate architectural As-Built drawings in AutoCAD of specified buildings. Drawings will include a floor plan, reflected ceiling plan (RCP), interior elevations, exterior elevations, roof plan, and a site plan.

Report Deliverables
BVTA will provide an in-depth report including a description of each of the building components and systems as described in the approach sections above. Each report is organized by building system and include digital photos of major systems and components and of all deficiencies identified. Reports will include current and anticipated repairs and deficiencies, recommended repair and component life-cycle replacements, and applicable options for repair or maintenance of building components.

The Capital Needs analysis will include a cost database sorted by building system and ranked by priority for repair.

The format of the database will allow for reporting by building, system, or priority for repair, and a year-by-year analysis of capital needs.

Facility Condition Index
A Facility Condition Index (FCI) will be calculated for each building. This index will be a function of required repairs compared to building replacement costs. The FCI will be generated from the data collection/capital planning database and will be updated as components age or are replaced.

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Capital Plan
Reports will reflect a 5, 10, or 20-year capital plan based on BVTA’s 20-year building system evaluation. The analysis will include a cost table sorted by building and system and ranked by priority for repair. Tables will allow for the customization of reporting and a year-by-year capital needs analysis.

The report will include:
• An Executive Summary with graphic presentation of results to provide a quick, user-friendly summary of the property’s observed condition and estimated costs assigned by category. Estimated costs shall be crossreferenced to report sections and elaboration of cost issues will be presented. • Components observed that are exhibiting deferred maintenance issues and estimates for immediate and capital repair costs based on observed conditions, available maintenance history and industry-standard useful life estimates. If applicable, this analysis will include the review of any available documents pertaining to capital improvements completed within the last five-year periods, or currently under contract. BVTA shall also inquire about available maintenance records and procedures and interview current available on-site maintenance staff.
• Recommended schedule for replacement or repairs (schedule of priorities). • Digital photographs for the buildings including photos of deficiencies. • General description of the property and improvements and comment generally on observed conditions. • Critical repairs and life safety issues separately from repairs anticipated over the term of the analysis. • FCI number for the building.

BVTA will submit PDF draft reports electronically and once approved and finalized, a program summary report to include a roll-up of all prioritized capital needs across all facilities. All electronic copies of the report will include all text, deficiency tables, digital photos, and supporting documentation and report appendices.

Deficiency Categories / Plan Types
Each deficiency identified in the Assessment shall be classified in the following manner (or other Client defined categories):

Category 1 - Scheduled Maintenance: Maintenance that is planned and performed on a routine basis to maintain and preserve the condition.

Category 2 - Deferred Maintenance: Maintenance that was not performed when it was scheduled or is past its useful life resulting in immediate repair or replacement.

Category 3 - Capital Renewal: Planned replacement of building systems that have reached the end of their useful life.

Category 4 - Energy and Sustainability: When the repair or replacement of equipment or systems are recommended to improve energy and sustainability performance.

Category 5 - Security: When a system requires replacement due to a security risk or requirement.

Program-wide Report
In addition to each building report, BVTA will develop a Program-wide Report that includes a ranked system-wide Capital Plan for all facilities with programmatic conclusions and recommendations. The Program Report includes a brief narrative description of each facility/building component and system, and discusses the current, anticipated repairs, deficiencies, and of all buildings assessed. The Program Report analyses will include tables sorted by building system and ranked by priority for repair. The format of the tables will allow for the several perspectives of reporting by FCI, building, system, or priority for repair, and a year-by-year analysis of capital needs.

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Sustainability Efforts – Digital Reports
BV regularly takes measures to minimize impacts to the environment in the delivery of services. In lieu of printing reports and meeting minutes, BV makes an effort to be stewards of the environment by using digital distribution for materials. When appropriate, we suggest that in-person meetings be done by teleconference or video conference – in order to reduce our carbon footprint.

Equipment and Asset Inventory
During the assessment, each field team will be responsible for collection and storing all of the inventory and condition assessment data in an electronic format that is readily transferable to a standardized CMMS system. Bureau Veritas will collect information on the major pieces of facility equipment. Specifically, the data collection will focus on the following components:

HVAC (level of detail for which Preventive Maintenance would be performed) Heating System
• Identify boilers, furnaces, unit heaters and major labeled equipment. • Ventilation System
• Identify the major labeled equipment; exhaust hoods, fans. • Air Conditioning System
• Identify the material air-conditioning components, including cooling towers, compressors, chillers, package units, roof top units, split systems and major labeled equipment. Excluded are window units, terminal units, VAV boxes, thermostatic controls.

Electrical
• Major panels only-for identification to track maintenance. • Transformers
• Switchgear
Equipment
• Building Automation System
Plumbing
• Pumps external to HVAC systems
• Domestic Hot Water heaters over 80 gallons
• Other major labeled equipment.

Location data by floor and room
• Model
• Serial Number
• Manufacturer
• Manufactured Date
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Barcoding
For the above referenced equipment, BVTA can apply a durable barcode / QR code/asset tag with a unique number for use as an identifier in the CMMS system. We will use labels supplied by the City or a vinyl tag for indoor applications, and a durable foil tag for outdoor use. Barcode / QR code numbers will be recorded in the database and all future work orders etc., and can be tied back in to a single piece of equipment or system. The cost of Barcoding / QR coding assumes that we will tag equipment during the FCA process.

Preventative Maintenance Schedule
Bureau Veritas will provide preventive maintenance (PM) schedules for the equipment listed in the equipment inventory provided by client. Preventive maintenance schedules will include the following information:
• Safety precautions specific to the recommended PM instructions • Description of tools required for recommended PM instructions. Tool list will not be exhaustive but identify common tool sets and specialty tools required for tasks. • Recommended preventive maintenance instructions and frequencies specific to the equipment classification and type. PM instructions are based on the following sources:
• Prevailing national standards Survey of Common Manufacturers recommendations Industry best practices • Estimated labor hours required to complete each PM work order.

BV will provide the PM schedules in spreadsheet format suitable for upload into clients CMMS. Spreadsheet will also contain analysis of PM labor hour requirements for use by client for planning purposes. BV will review PM schedules with client and adjust frequencies and start dates as required to meet clients’ needs and match available resources.

CMMS Ready Data and Consulting
BV will be delivering to Client a live asset management plan that can be maintained and kept up-to-date by staff. BV will provide training to staff on maintaining the on-going monitoring program to track facilities, work performed, reprioritization of maintenance projects, and how to update this information in the database.

The data from the FCA can be exported for data migration to most CMMS/IWMS systems. Our fee does not include any fees for data migration that may be required by your CMMS platform.

BV can export the data from our data collection tool to a compatible format (Excel Spreadsheet, Access Database, or SQL format) to be used by the Client’s IT department for future integration with other software systems.

ASSETCALC™ – ASSESSMENT SOFTWARE AND DATABASE DELIVERABLE Bureau Veritas proposes utilizing AssetCALC™ as its platform for all data collected on this project. AssetCALC™ is a cloud platform developed, licensed, maintained, and supported solely by Bureau Veritas for our clients.

AssetCALC™ is a web-based SQL database platform that enables users to:
• query, edit, and analyze their facility condition data • plan immediate and short-term repairs
• budget capital expenditures throughout the lifecycle of a building or an entire portfolio The system unites Bureau Veritas’ experienced field data collection methods with advanced planning and reporting tools, construction cost libraries, location mapping (GIS) features, digital photo management, and document storage.

Packet Page 44
161483.22P, p. 16
3/10/2023
Data Development
AssetCALC™ includes a configurable facility hierarchy and asset data architecture - this will include all of your assets grouped based on site location, asset group, and function. Data can be exported to an Excel, XML, or an ODBC database format compatible for upload into your CMMS, EAM, or work-order systems.

Features Include:
• Facility Condition Assessment access:
• Component/system descriptions
• Locations
• Conditions and EUL/RUL
• Repair and replace recommendations
• Digital photos
• Search and Sorting Functionality
• Prioritization of maintenance projects
• UniFormat II Cost Database
• Project Budgets and Capital Plans
• Unlimited concurrent user licensing
• Secure IT platform and back-ups
• Client is the owner of data collected and residing in the database • Online User Training and Documentation
Reporting
AssetCALC™ includes more than a dozen standard options for data summaries and reports:
• Facility Condition Index (FCI) Reports
• Rank and Prioritize Capital Improvement Projects
• Deferred Maintenance Backlog
• Facility Queries (by building, priority, system, or dollar deficiency amount) • Capital Budget Planning
• Year-by-Year Capital Needs Analysis
• 5, 10, or 20-Year Replacement Reserve Reports
• Custom 3rd party form automation available
Packet Page 45

EXHIBIT B

CONSULTANT PROPOSAL
Packet Page 46

CITY OF SEASIDE
RFP: CITY FACILITY CONDITION ASSESSMENT
BUREAU VERITAS | ERIK PILLER
180 PROMENADE CIRCLE, SUITE 150| SACRAMENTO, CA 95834
P 800.733.0660 | [email protected]
February 2, 2023

EXHIBIT B
Packet Page 47
Page

TABLE OF CONTENTS
Section

1. Cover Letter..................................................................................................................................................i

2. Project Team...............................................................................................................................................1

3. Relevant Project Experience .................................................................................................................3

4. Project Understanding and Approach .............................................................................................07

5. Project Schedule .................................................................................................................................... 08

6. Scope of Services.................................................................................................................................... 11 Packet Page 48

1. COVER LETTER
Packet Page 49
i
February 2, 2023
City of Seaside
Attn: Engineering Division
Public Works Engineering
440 Harcourt Avenue
Seaside, CA 93955
RE: City Facility Condition Assessments
_______________
To Whom it May Concern
Bureau Veritas Technical Assessments, LLC (Bureau Veritas or BVTA) is pleased to provide the City of Seaside (City) with the enclosed proposal in response to the City's RFP for Facility Condition Assessment services. BVTA understands the requirements of the RFP and is well qualified to perform the services.

Proven Experience | Bureau Veritas has extensive experience providing Facility Condition Assessments, Equipment Inventory, Preventive Maintenance, Space Utilization Studies, and Capital Planning for City, County and State Government entities. We have completed thousands of municipal projects with more than 800 million square feet of space within the last five (5) years for State and Local Government, Educational, and Parks and Recreation clients. BVTA has completed more than 20,000 assessment and project management projects in California.

Highly Qualified Team | BVTA is an architectural and engineering firm focused solely on building lifecycle and capital planning studies, with more than 800 building professionals nationwide including 60 in California. BVTA has over 30 years of experience conducting Facility Condition Assessments. We have provided similar services for the following similar clients:
• City of Monterey
• City of Goleta
• City of Fresno
• City of Fremont
• City of Milpitas
• City of Santa Clara
• City of Oxnard (just awarded)
• City of Santa Monica
• City of Pico Rivera
• City of Pasadena
• City of Burbank
• City of Temecula
• City of Riverside
• City of Oceanside
• City of Orange
• City of Garden Grove
• City of Brea
• City of Corona
• City of Covina
• City of El Segundo
• City of Fullerton
• City of Huntington Beach
• City of Laguna Hills
• City of Montebello
• City of Poway
• City of Rancho Cucamonga
• City of San Marino
• County of San Bernardino
• City of Aliso Viejo
• City of Laguna Niguel
Company Information:

Headquarters Address: 10461 Mill Run Cir #1100, Owings Mills, MD 21117 Regional Address: 180 Promenade Cir # 150, Sacramento, CA 95834 Year of Incorporation: 1986
State of Incorporation: Maryland
BUREAU VERITAS | ERIK PILLER
180 PROMENADE CIR. #150 | SACRAMENTO, CA 95834
P 800.733.0660 | [email protected]

1. COVER LETTER
Packet Page 50
ii
The following pages detail our history, similar project experience, our key personnel and team, and our approach to your unique project. The Program Manager, and main point of contact for this project, will be Mouaz Alrayes.

Bureau Veritas is committed to working with the City of Seaside to provide the highest possible quality of service, and has the availability to meet all project schedules and timelines. We appreciate the opportunity to present our qualifications for this project and look forward to working with the City. I am available at 800.733.0660, ext. 7292704 or [email protected] to further discuss our qualifications.

Sincerely,
Erik Piller
Senior Vice President
BUREAU VERITAS | ERIK PILLER
180 PROMENADE CIR. #150 | SACRAMENTO, CA 95834
P 800.733.0660 | [email protected]
Packet Page 51

2. PROJECT TEAM
Packet Page 52
1 Company Information
HQ
HQ
HQ
BV Office Locations
BV Technical Assessments
Headquarters
MO
IL
TX
AZ
CA
AK
NM
NV
UT
CO
KS
OK
OR
WA
ID
MT
WY
ND
SD
NE
MN
IA
WI
AR
LA
OH
WV
VA
SC
TN

MS AL GA
FL
MI
IN
NH
NJ
MD
DE
RI
ME
KY
PA
NY
CT
HI
VT
NC

2. PROJECT TEAM
Overview of Prime
Bureau Veritas Technical Assessments LLC (“Bureau
Veritas” or “BVTA”) is a professional services consulting firm providing comprehensive architectural,
engineering, energy, and environmental solutions.

Our team includes over 800 building professionals
nationwide, including Registered Architects,
Professional Engineers, Certified Energy Managers,
Project Managers, Environmental Professionals,
Building Systems Consultants, and Code Compliance
Experts.

Annually, Bureau Veritas conducts thousands of
assessments for Multifamily, Commercial, Industrial,
Government, and Educational clients. Having
successfully completed billions of square feet of
building assessments, we have developed a proven
and efficient methodology for the performance of field
assessments and data collection.

Bureau Veritas’ recommendations are based
on knowledge of property conditions, life-cycle
analysis, regulations, and client objectives. Bureau
Veritas’ subject matter expertise and understanding
of buildings, parks, and property sites forms the
foundation on which we team with clients to create
and implement facility and portfolio management
solutions.

ASSET MANAGEMENT SERVICES
• Facility Condition Assessments
• Capital Planning Reports
• Accessibility Compliance
• Equipment and Asset Inventory
• Barcoding, QR Coding, and Tagging
• CMMS Consulting
• Preventive Maintenance Plans
• Space Analysis Studies
• Energy Audits and Modeling
• Commissioning (Cx and Rx)
• Construction Monitoring
• Project Management
• Plan and Document Review
What We Do
Name of Company: Bureau Veritas Technical
Assessments LLC
Year Founded: 1986 (Parent: 1828)
Headquarters Address: 10461 Mill Run Circle,
Suite 1100
Owings Mills, MD 21117
Regional Office: 180 Promenade Cir # 150,
Sacramento, CA 95834
Primary Contact: Erik Piller
Senior Vice President
Telephone: (800) 733-0660, ext. 7292704
Email: [email protected]
Website: bvna.com
Packet Page 53
2 Bureau Veritas’ Team includes Professional Engineers
and Architects with an average of over 20 years of
relevant experience. These professionals develop and
write the assessment report and coordinate logistics
and document collection for each assessment. Bureau
Veritas also has an internal information technology
group that supports the development of field data
collection programs and client database applications.

Mr. Erik Piller | Project Executive
Mr. Piller will oversee all contractual aspects of the
project and be available to meet with the City of
Seaside for the duration of the project on an as-needed basis. He will have primary responsibility for defining the scope of engagement, and will meet regularly with
Bureau Veritas’ Program Manager and Assessment
Team to assure that the City’s needs are being met,
and that the project is adequately staffed, running
smoothly, and on schedule.

Mr. Mouaz Alrayes | Program Manager
Mr. Alrayes will be responsible for the overall team
performance and delivery of the overall project. He
will work with the Assessment Team and the City to
assure project success. He will conference with the City on an agreed-upon basis, and will be responsible for
delivering assessment results, and for working with
City Staff to develop the implementation plan based
on the results.

Mr. Matt Anderson, RA | Quality Assurance
Manager
Mr. Anderson will oversee the project, assuring technical, process, and content quality. He will have direct
management responsibility for all technical personnel,
which will allow for quick and effective implementation of quality assurance measures both at inception and
throughout the duration of the project.

Assessment Team
The Assessment Team is comprised of professional
architects and engineers having direct experience
in conducting Facility Condition Assessments. They
will observe and describe building systems and
components, identify physical deficiencies, and
formulate recommendations to remedy the deficiencies.

Personnel and Staffing Plan
Erik Piller

PROJECT EXECUTIVE
Mouaz Alrayes
Matthew Anderson, RA

QUALITY ASSURANCE

MANAGER

PROGRAM MANAGER

ASSESSMENT TEAM

PROJECT

ORGANIZATION
CHART
Packet Page 54
PROJECT EXPERIENCE:

City of Monterey, CA
Facility Condition Assessment &
Inventory
City of Fremont, CA
Facility Condition Assessment &
Inventory
City of Milpitas, CA
Facility Condition Assessment
City of Sunnyvale, CA
Facility Condition Assessment &
ADA Transition Plan
City of Goleta, CA
Facility Condition Assessment with
Inventory
City of Garden Grove, CA
Facility Condition Assessment and
ADA Self-Evaluation & Transition Plan
City of Laguna Hills, CA
Facility Condition Assessment
City of Orange, CA
Facility Condition Assessment

ERIK PILLER
Industry Experience
Government
K-12 Education
Multi-Family Housing

PROJECT EXECUTIVE
Mr. Piller has 18 years of experience in client coordination of assessment, architecturalengineering, energy consulting, and construction phase services. He has been involved with projects of similar scope to the proposed project. As Project Executive, Mr. Piller is responsible for overseeing all contractual aspects of the project and will be available to meet with the client for the duration of the project on an as-needed basis. He will have primary responsibility for defining the scope of engagement, and will meet regularly with BVTA’s Program Manager and Assessment Team to assure that the client’s needs are being met, and that the project is adequately staffed, running smoothly, and on schedule.

Higher Education
Industrial
Office
YEARS OF EXPERIENCE: 18
Retail
Hospitality
Packet Page 55
PROJECT EXPERIENCE:

City of El Segundo, CA
Facility Condition Assessment
City of Garden Grove, CA
Facility Condition Assessment, ADA
Assessment
City of Pico Rivera, CA
Facility Condition Assessment, Inventory
City of Poway, CA
Facility Condition Assessment
City of Brea, CA
Facility Condition Assessment, ADA
Assessment
City of Covina, CA
Facility Condition Assessment
El Dorado County, CA
Facility Condition Assessment, Inventory
Golden Empire Transit Authority, CA
Facility Condition Assessment
Catalina Island, CA
Facility Condition Assessment, Inventory
City of Fresno, CA
Facility Condition Assessment
City of Concord, CA
Facility Condition Assessment
Conejo Valley Schools, CA
Facility Condition Assessment, Inventory
Simi Valley Unified School District, CA
Facility Condition Assessment, Inventory

MOUAZ ALRAYES

PROGRAM MANAGER
Mr. Alrayes is a Program Manager with 17 years of experience. He conducts and leads teams for Physical Needs Assessments, Facility Condition Assessments, Energy Audits & Surveys and other related services of properties in accordance with ASTM standards and client specific scopes of work. He supervises and trains junior architects and engineers conducting building assessments and energy audits. As Program Manager, he is responsible for delivering results and is the main point of contact for the Client throughout the project.

YEARS OF EXPERIENCE: 17
Education
Bachelor of Arts, Mechanical Power of Engineering, Damascus University Packet Page 56
PROJECT EXPERIENCE:

City of Monterey, CA
Facility Condition Assessment
City of Vallejo, CA
Facility Condition Assessment and
Maintenance Plan
San Joaquin County, CA
Facility Condition Assessment
City of Fremont, CA
Facility Condition Assessment
Sacramento Metro Fire District, CA
Facility Condition Assessment
City of Milpitas, CA
Facility Condition Assessment
City of Napa, CA
Facility Condition Assessment
City of St. Helena, CA
Facility Condition Assessment
City of Redwood City, CA
Facility Condition Assessment & Energy
Audit
City of South San Francisco, CA
Facility Condition Assessment
City of Poway, CA
Facility Condition Assessment

MATT ANDERSON, RA
Education
Bachelor of Architecture, California
Polytechnic University

QUALITY ASSURANCE MANAGER
Mr. Anderson is a registered architect with experience in the assessment and design of residential projects in addition to construction management processes and procedures.

He routinely supervises teams of architects and engineers conducting property condition assessments. He also specializes in cost estimating, government programs, and an array of other services. As Quality Assurance Manager, he will assist the Program Manager by providing QA/QC review on the data collection and reports.

Registration
Registered Architect | CA | C15753
YEARS OF EXPERIENCE: 30+
Packet Page 57
PROJECT EXPERIENCE:

City of Garden Grove, CA
Facility Condition Assessment
City of South San Francisco, CA
Facility Condition Assessment
City of Mill Valley, CA
Facility Condition Assessment
City of Fremont, CA
Facility Condition Assessment
City of Milpitas, CA
Facility Condition Assessment

KAY VAN DER HAVE, RA

ASSESSMENT TEAM
Education
Bachelor of Architecture, University of
Minnesota
YEARS OF EXPERIENCE: 30+
License
Registered Architect | CA | C23054

ANAS SADKHI, CEM, PMP, PE

ASSESSMENT TEAM
PROJECT EXPERIENCE:

City of Covina, CA
Facility Condition Assessment
County of El Dorado, CA
Facility Condition Assessment
City of Menlo Park, CA
Facility Condition Assessment, Energy
Audit
Woodland Unified School District, CA
Facility Condition Assessment
California State University, Chico, CA
Facility Condition Assessment, Seismic
YEARS OF EXPERIENCE: 16
Education
Master of Science, Electrical
Engineering, Wichita State University
MBA, Salisburg University
Registration
Certified Energy Manager
Project Management Professional
Packet Page 58
PROJECT EXPERIENCE:

City of Napa, CA
Facility Condition Assessment, Inventory,
Barcoding
City of Oceanside, CA
Facility Condition Assessment, Inventory
Pasadena Unified School District, CA
Facility Condition Assessment, Inventory
Mt. Diablo Unified School District, CA
Facility Condition Assessment
Sacramento Metro Fire District, CA
Facility Condition Assessment, Inventory

DIRK DYKSTRA

ASSESSMENT TEAM
Education
Bachelor of Science, Electrical Engineering, Arizona State University YEARS OF EXPERIENCE: 6
PROJECT EXPERIENCE:

City of Brea, CA
Facility Condition Assessment
City of Covina, CA
Facility Condition Assessment
City of Corona, CA
Facility Condition Assessment
City of Menlo Park, CA
Physical Needs Assessment
City of San Marino, CA
Facility Assessments

MOHAMAD TIBI

ASSESSMENT TEAM
YEARS OF EXPERIENCE: 17
Education
Bachelor's of Science, Mechanical Engineering, South Dakota University Packet Page 59

3. RELEVANT

PROJECT EXPERIENCE
Packet Page 60
3 The Bureau Veritas Team has extensive experience with Facility Condition Assessment projects. The following chart highlights a partial list of recent Bureau Veritas FCA projects completed for clients in the region.

CLIENT STATE SERVICES YEAR

COMPLETED
City of Burbank CA FCA Just Awarded
City of Goleta CA FCA Ongoing
City of Glendora CA FCA Just Awarded
City of Alameda CA ADA 2022
City of Rancho Cucamonga CA FCA 2022
City of Menlo Park CA FCA 2022
City of Palo Alto CA FCA 2022
City of Rancho Palos Verdes CA FCA 2022
City of Laguna Niguel CA FCA 2022
City of Pico Rivera CA FCA 2022
City of Aliso Viejo CA FCA 2021
City of Montebello CA FCA 2021
City of Vallejo CA FCA 2021
Judicial Courts of California CA FCA 2021
City of Temecula CA FCA 2021
City of Oceanside CA FCA 2020
San Joaquin County CA FCA 2020
City of Montebello CA FCA 2020
Sutter County CA FCA 2020
City of Garden Grove CA FCA, ADA Transition Plan 2020
County of Nevada CA FCA 2019
City of San Marino CA FCA 2019
City of Sacramento CA FCA, Master Plan 2019
City of Fullerton CA FCA with Inventory 2019
City of Napa CA FCA with Inventory 2019
City of Portola Valley CA FCA 2019
City of Mill Valley CA FCA, Needs Assessment 2019
City of Stockton CA FCA 2019
City of Covina CA FCA 2019
California Dept. of Veterans Affairs CA FCA 2019
City of El Segundo CA FCA, ADA Transition Plan 2018 - 2022 City of Brea CA FCA 2018
City of Fresno CA FCA 2018
City of Riverside CA FCA 2018
Saddleback College CA FCA 2018
Orange County Transportation Authority CA FCA 2018
Metro. Water District of Southern California CA FCA 2018 City of Hayward CA FCA 2018
City of Santa Clara CA FCA, Structural Assessment 2018

3. RELEVANT PROJECT EXPERIENCE
Packet Page 61
4 CITY OF MILPITAS

FACILITY CONDITION ASSESSMENT AND INVENTORY
Bureau Veritas* (BVTA) was awarded the contract to conduct a comprehensive review of the maintenance and repair needs of City-owned facilities and parks.

The scope included establishing a list of maintenance and repair priorities to develop a short-term and long-term maintenance and repair schedule. The assessment included conducting a life-cycle cost analysis of major building systems and components for a 20 year capital plan. BVTA identified and prioritized cost effective repair and replacement recommendations to correct defective conditions.

BVTA developed a preventive maintenance plan with projected material and labor costs which detailed and summarized each preventive maintenance activity by frequency, maintenance type, building system type, labor classification, and projected hours and labor costs per activity and maintenance by year. The project came in on time and within budget

PROJECT PROFILE

LOCATION
Milpitas, CA

SERVICE
Facility Condition
Assessment
Equipment Inventory
Preventive Maintenance
SIZE
21 Facilities
17 Parks

FACILITY TYPE
Fire Stations
Police Department
City Hall
Community Center
Library
Parks
FEE
$99,932.24

REFERENCE
Tony Ndah, Public Works
Director
City of Milpitas
1265 N Milpitas Boulevard
Milpitas, CA 95035
(408) 586-3000
[email protected]
*Bureau Veritas was formerly known as EMG.

Packet Page 62
5 CITY OF OCEANSIDE

FACILITY CONDITION ASSESSMENT
The City of Oceanside awarded Bureau Veritas Technical
Assessments LLC (BVTA) the contract to provide comprehensive city-wide Facilities Condition and Needs Assessments. The project included approximately 43 buildings for a total of 882,000 SF, including a marina and yacht club, parks and beaches, recreation centers, swim facilities, museums, fire stations, City Hall, City office buildings, public libraries, senior centers, community service and trransitional housing facilities, the Historical Society, and City maintenance facilities.

The assessment included thorough examination and lifecycle assessment of the buildings, property, and major systems including plumbing, mechanical, electrical, roofing, seismic risk, general code compliance, and ADA compliance. We provided accurate analysis that identified components and elements requiring replacement, maintenance, or repair.

The project scope included asset/equipment inventory and preparing a Preventive Maintenance (PM) Plan that prioritized maintenance and recommended a PM Schedule. Our final report included the overall condition of the facilities, including, but not limited to, information regarding the manufacturer, model, serial number, and size of equipment within the facilities. Additionally, the report listed immediate needs, replacement cost index, and a 20-year capital plan of the maintenance requirements and costs that can be adjusted for inflation. This project was completed on time and on budget.

PROJECT PROFILE

LOCATION
Oceanside, CA

SERVICE
Facility Condition
Assessment
Inventory
Preventative Maintenance
Plan
SIZE
43 Facilities
882,000 SF

FACILITY TYPE
Marina
Parks
Fire Stations
City Hall
Rec Centers
FEE
$164,029.15

REFERENCE
Tony Visco
City of Oceanside
300 North Coast Highway
Oceanside, CA 92054
(760) 435-4500
[email protected]
*Bureau Veritas was formerly known as EMG.

Packet Page 63
6 CITY OF FREMONT

FACILITY CONDITION ASSESSMENT & INVENTORY
Bureau Veritas* (BVTA) provided detailed inspections of all City facilities and life-cycle analysis reports. BVTA identified all maintenance, repair, and replacement requirements for each facility and recommended upgrades and improvements when applicable.

Assessment included both component-level and system-level inspection methods for all architectural, structural, mechanical, plumbing, and electrical components/systems of each facility.

BVTA inventoried the maintainable equipment within each building and migrated this data to the City’s MaintStar CMMS platform. The data collection included equipment type, manufacturer, model number, serial number, capacity, installation date, location, function area served, and end of life cycle date. Equipment to be inventoried included all boilers, chillers, cooling towers, air handling units, packaged Heating, Ventilation and Air-Conditioning (HVAC) units, condenser units, major exhaust equipment, pumps, compressors, elevators, fire alarm panels/systems, intrusion alarm panels/ systems, electrical service equipment, generators, automated door systems, automatic gates and commercial overhead doors and gas detection system.

BVTA’s deliverable included building and portfolio reports with benchmarking data (FCI), cost estimates, deficiency prioritization tables, and a capital plan. The project came in on time and within budget

PROJECT PROFILE

LOCATION
Fremont, CA

SERVICE
Facility Condition
Assessment
Asset Inventory
Capital Planning
SIZE
77 Buildings
764,464 SF

FACILITY TYPE
Essential Facilities
Recreational
Libraries (3)
Fire Stations (12)
Maintenance Center
Police / Detention
FEE
$187,054.10

REFERENCE
Rajeev Batra
Executive Special Assistant
City of Fremont
3300 Capitol Ave.

Fremont, CA 94538
(510) 494-4516
[email protected]
*Bureau Veritas was formerly known as EMG.

Packet Page 64
7 CITY OF MONTEREY

FACILITY CONDITION ASSESSMENT
Bureau Veritas* (BVTA) was contracted to perform a facility condition assessment and equipment inventory for 445,861 square feet of facilities, including fire station. Community centers, parking structures and wharfs. The facilities were assessed to the building system and component levels for condition, remaining life cycle, cost to replace, and evaluation of repair versus replace options.

The property assessments included complete visual inspections of facility components (exterior systems, interior finishes, fire/life systems, accessibility issues, MEP systems). We will describe facility deficiencies, provided corrective action for each deficiency, and establish prioritization standards to characterize deficiencies.

BVTA established a database to include square footage delineations, immediate/ short-term repairs and 10-year capital estimates, and digital full color photographs of each property. The database provides a property description and improvements and comments on observed conditions. The project came in on time and within budget.

PROJECT PROFILE

LOCATION
Monterey, CA

SERVICE
Facility Condition
Assessment
SIZE
17 Facilities
445,800 SF

FACILITY TYPE
Wharf
Pump House
Concessions
Restaurants
Parking Garage
FEE
$65,430.75

REFERENCE
Janna Aldrete
City of Monterey
353 Camino El Estero
Monterey, CA 93940
(831) 646-1743
[email protected]
*Bureau Veritas was formerly known as EMG.

Packet Page 65

4. PROJECT

UNDERSTANDING AND

APPROACH
Packet Page 66
7 BVTA understands that the Facility Condition
Assessment (FCA) Program with the City of Seaside (the
“City”) will:
• Include a comprehensive assessment of all sites,
buildings, building systems, and infrastructure.
• Follow ASTM E2018-15 Standard Guide for Property
Condition Assessments, as applicable.
• Determine the present condition and estimated
life expectancy of various building systems and
components.
• Identify and document present condition of all
physical assets including grounds, facilities, and
infrastructure.
• Recommend corrections for all deficiencies and
provide cost estimates for corrections.
• Prioritize and categorize deficient conditions,
associated corrective actions, and information
concerning building systems and deficiency
categories.
• Establish anticipated renewal and replacement
costs for the various systems and components.
• Result in strategic plan for capital repairs,
lifecycle component replacement, and building
modernization.
• Calculate the Current Replacement Value (CRV) and
Facility Condition Index (FCI) for each facility.
• Collect Equipment Inventory data for Client
properties.
• Establish a protocol for facility condition data to
migrate/transfer to a CMMS/IWMS system.
• Prepare a Preventive Maintenance Plan for assets to
uploaded to CMMS system.
• Barcode affixation.
• Facility diagrams / as-builts for 5 sites.

We understand that a key factor to performing FCAs
is the evaluation of physical needs and accurate
forecasting for capital repair and replacement budgets.

Pre-emptive measures to manage maintenance
budgets and programs are essential in ensuring the
elimination of potential issues.

DATA GATHERING AND INTERVIEW
During each phase, we will require coordination and
support from the City’s facility management.

Data Gathering Phase – BVTA will need the support of
staff who can provide us access to drawings and records.

The following is a typical list of exhibits requested.
• Inspection reports (sewer, boiler, chiller, etc)
• Building systems Maintenance Records
• Maintenance policy documentation
• Owner elected repair list (if available)
• Original building plans (can be viewed on-site)
• Capital expenditure schedules (prior or planned)
• Fire protection / life safety plans
• Rehabilitation budget and scope (draft or final)
• Certificates of occupancy / facility license
• Prior assessments
• Site plan / floor plans
• Accessibility transition plans / studies
• CMMS / IWMS data set
In addition to the drawings and records, we will supply a pre-survey questionnaire for each facility or site.

Our expectation is that someone with knowledge
of maintenance and operations of the facility will
complete this survey and be prepared to discuss it with us while on-site.

Site Phase – BVTA will need support in the form
of escorts while in the facilities to help us access
mechanical areas, to discuss with us any known issues
in the facility, and to answer other technical questions.

Report Review Stage – BVTA will provide a complete
deliverable for each building.

CLIENT COORDINATOIN
Project Director – BVTA will become familiar with
the City’s existing Project Directory - property list and contact directory for each location. We will contact or interview the facilities contacts as part of tour process to determine current use requirements and priority of
properties based on agency goals.

Facility Access – Working with the City, we will develop procedures to gain Facility Access. Our visits will be
coordinated and pre-approved by the City prior to the
visit. We will work with the City to establish a protocol that will ensure that our activities will have minimal
disruption to the operation of each facility and will
maintain a safe work environment.

TEAM COMPOSITION
The project will be managed by a Program Manager
who will be your single point of contact. Reporting to
the Program Manager will be several Project Managers
who are architectural and engineering subject matter
experts (SME) in the evaluation of building systems and generating the reports. Larger or more complex sites
will have both an architect and an engineering SME.

Smaller or simpler buildings will have a single SME field assessor that understands all building systems.

4. PROJECT UNDERSTANDING AND APPROACH
Packet Page 67

5. PROJECT

SCHEDULE
Packet Page 68
8 Bureau Veritas has the required resources to perform the project in a timely manner. The proposed schedule below is open to discussion between the City of Seaside and Bureau Veritas.

5. PROPOSED SCHEDULE
ID Task Name
1 Notice to Proceed
2 Review Period with Seaside
3 Mobilization and Program Planning
4 Database Review and Customization
5 Kickoff Meeting
6 Progress Updates (teleconference)
11 Field Data Collection - Pilot Program Assessments
12 Pilot Program Assessment and Draft Report
13 Pilot Report Seaside Review
14 Pilot Review Meeting (Teleconference)
15 Protocol and Procedures Revisions
16 Field Data Collection
17 Team 1: A/E Assessment
18 Draft Report Deliverable Period - Data Development
19 Report Writing (Rolling Delivery)
20 Cost Estimates, Prioritization, As-Builts
21 Deliver Draft Reports
22 Seaside Review of Draft Reports
23 Draft Review Meeting (Teleconference)
24 Final Report Deliverable Period
25 Revisions to Drafts
26 Final Presentation and Software Training
3/27
4/3
4/24
5/30
6/7
6/21
3/19 3/26 4/2 4/9 4/16 4/23 4/30 5/7 5/14 5/21 5/28 6/4 6/11 6/18 6/25 April May June Jul
Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Progress
Deadline

Page 1 ends

Project: Proposed FCA Schedule
Date: Fri 1/27/23
Packet Page 69
9 The following section outlines our approach to the
project.

1. Program Manager. BVTA will have a dedicated
Program Manager as the single point of contact for
coordination of work throughout the contract term.

The Program Manager will be assisted by a logistics
team who will be responsible for confirming each
day’s site visits. The Program Manager will conduct
regular progress meetings to review each week’s
upcoming schedule and to review any issues
identified in the prior week’s work.

2. Kickoff and Pilot. The Program Manager and the
Project Executive will ensure the work meets all
requirements of the RFP. At the kickoff meeting—
the first meeting after award—BVTA will walk
through the entire scope of work with the Client’s
project team. Where scope of work items are
unclear or ambiguous, the team will consult with
the Client and a clarifying memo will become part
of the project record. During the kickoff, sample
deliverables will be reviewed and tentatively agreed
upon. In order to ensure clarity on the scope, a pilot
project will be scheduled in the first week after the
kickoff. The pilot is an opportunity for us to prepare
our team and calibrate our field process. More
importantly, it gives us an opportunity to deliver a
report for review that meets the full scope of work.

The Client will be given an opportunity to review
and comment on this deliverable, and once all
parties are in agreement the field assessments will
begin. We will deliver reports for review as they are
completed.

3. Schedule. BVTA will ensure the work is finished on
schedule by preparing a complete project schedule.

We will update the schedule weekly. One issue that
can impact the schedule is having access to the
buildings to be assessed. We will schedule 2 weeks
out with any required notifications to building
staff—and 48 hours in advance of each assessment
we will confirm with building staff and escorts.

4. Quality. We will apply our 5-point quality plan—
explained on the next page—to ensure quality
during all phases of the project.
a. Overall project technical review: Includes scope
review-review of field instructions consistent
with the scope–review of existing reports and
information prior to field work commencing.
b. Initial Report reviews: Review by senior staff or
each report prior to submission of draft. BVTA
will have dedicated review staff working solely
on report reviews in order to ensure consistence
in results.
c. Quality Assurance of Field work: The program
manager will ensure a sample of sites are
reviewed and compared to submitted results.
d. Database Validation: Aggregated results of
the field work will be reviewed, and anomalies
identified will be flagged for additional review.

This insures consistency across the entire
portfolio and can often identify incorrect cost
estimates, or areas where field observations are
not correctly identified in the reports.
e. Final Quality Review: Before final reports are
delivered, a final review of each report will be
done by a senior manager dedicated to the
project.

5. Team Resources. BVTA will have a dedicated
Program Manager responsible for managing all
day-to-day activities of the team. If it is necessary
to replace a team member during the project,
the Program Manager will submit resumes to the
Client for approval prior to any field activities for
additional field staff.

6. Communication. BVTA understands
communication is one of the keys to a successful
project. We will establish a weekly meeting time
at the project kickoff. Notes will be taken and
submitted the same day as the weekly meeting.

If issues are encountered in the field, they will be
communicated on the same day and summarized
in the weekly report.

7. Risk Identification & Management. Our field
staff are trained to communicate if they feel there
is any situation on site that puts them at risk and
will communicate those to the Program Manager.

These typically involve identifying confined space
requiring personal protective equipment, ladder
safety, and safe procedures for roof inspections.

Management Plan
Packet Page 70

6. SCOPE OF

SERVICES
Packet Page 71
11 Prior to assessments beginning, BVTA will conduct
a Kick-Off Meeting to review requirements and to
consolidate exhibits such as drawings and prior
completed reports.

Each meeting will conclude with task assignments,
schedules, and goals to be met. BVTA will provide
the City with a written status report that tracks and
monitors the progress of the assessments against the
schedule submitted.

BVTA has allocated time for regular teleconference
meetings and the following meetings: Kick-Off Meeting
(teleconference) and a Final Findings Presentation
meeting. Any additional in-person meetings will be on
a time and expense basis.

FIELD ASSESSMENTS
The Assessment Team will conduct a walk-through
survey of the facility and site to observe systems
and components, identify physical deficiencies, and
formulate recommendations to remedy the physical
deficiencies.

They will interview the building maintenance staff about the property’s historical repairs and replacements and
their costs, level of preventive maintenance exercised, pending repairs and improvements, and frequency
of repairs and replacements. The Assessment Team
will develop opinions based on their site assessment,
interviews with the City’s building maintenance staff,
and interviews with relevant maintenance contractors,
municipal authorities, and experience gained on similar properties previously evaluated.

The Team may also question others who are
knowledgeable of the property’s physical condition
and operation or knowledgeable of similar systems to
gain comparative information to use in evaluation of
the subject property.

The Assessment Team will review documents and
information provided by the City’s maintenance staff
that could aid the knowledge of the property’s physical improvements, extent and type of use, and/or assist in
identifying material discrepancies between reported
information and observed conditions.

The facility condition assessment will include the Cityidentified assets and will focus on the following facility and site systems and components:

Site + Infrastructure
• Topography: Observe general topography and note
any unusual or problematic features or conditions
observed or reported.
• Paving, Curbing, and Parking: Identify material types of paving and curbing systems at the property.
• Flatwork: Identify material flatwork at the property
(sidewalks, plazas, patios, etc.).
• Landscaping and Appurtenances: Identify material
landscaping features, material types of landscaping
(fences, retaining walls), and site appurtenances
(irrigation systems, fountains, lighting, signage,
ponds).
• Utilities: Identify type of material utilities provided to the property (water, electricity, natural gas); and
assess condition, physical deficiencies, life cycle
repair, and replacement issues.

Recreational Facilities:
• Identify any material on-site recreational facilities such as athletic fields, swimming pools, spas, tennis
or basketball courts, jogging or bicycle paths, etc.
• Observe the general conditions and note any
reported physical deficiencies or any unusual items
or conditions observed or reported.

EV Charging Stations:
• With information provided by the client document
the payment software providing access to the
charging station, if any.
• Identify the power source for the EV charging station and if possible, determine if the power used is billed
to a client electrical meter.
• Determine the age of the equipment and review
for deterioration from weather and use. Identify
the remaining useful life of the charging station
equipment and the cost to replace the equipment.

6. SCOPE OF SERVICES
Packet Page 72
12 • Review the signage, paving and surface materials
around the charging stations for deterioration.

Structural Frame + Building Envelope
• Identify material elements of the structural frame
and exterior walls, including the foundation system,
floor framing system, roof framing system, facade
or curtain-wall system, glazing system, exterior
sealant, doors, commercial overhead doors, sliders,
windows, and stairways, etc.
• Observe general conditions and note any physical
deficiencies identified or unusual items or conditions
observed. Observations may be subject to grade, and
rooftop vantage points.
• Visually inspect observable areas for cracking and
moisture infiltration as well as areas of apparent
foundation settlement and displacement.
• In the event more information or exploratory testing
is required, in order to provide remedial measures,
the report may include recommendation for
additional investigative testing (Tier 1 or Tier 2).

Wall Evaluation
• Photograph elevations and details both from
internal and external vantage points, as well as from
adjacent structures where possible.
• Observe representative operable and fixed panels
on all facades, operating a representative sample
of units to assess hardware and visually inspect
exterior conditions and condition of waterproofing
seals.
• Assess curtain wall condition to determine water
infiltration, damage, caulk degradation, metal panel
degradation, stone degradation and anchoring, and
other related curtain wall issues.

Curtain Wall
• Review curtain wall condition and a sampling of
fixed panels on facades to assess hardware and
visually review exterior conditions and the condition
of waterproofing seals, where accessible without
the use of lifts, ladders, scaffolding, suspension
devices, or the like; may include observations
from internal and external vantage points, as well
as adjacent structures. Observations are limited
to grade and may include accessible balconies or
rooftop vantage points.
• Review provided drawings and records of repair,
replacement, and maintenance of framing and
glazing.

Roofing (Non-Invasive Visual)
• Identify material roof systems (roof type, reported
age, slope, drainage) and any unusual roofing
conditions or rooftop equipment.
• Observe general conditions of the roof system
(membranes, attachment methods, flashings,
counter flashings, pitch pans, gravel stops, parapets,
miscellaneous appurtenances, insulation).
• Observe for evidence of material repairs, significant ponding, or evidence of material roof leaks. Note
if a roof warranty is in effect. Note any physical
deficiencies identified or unusual items observed
or reported.
• Identify material rooftop equipment or accessories
(antennas, lightning protection, HVAC equipment,
solar equipment). Include any material problems
reported.
• BVTA understands that the City will provide OSHA
compliant ladders, lifts and/or scaffolding (depending
on roof type) so that the Project Manager may safely
access roof areas. If requested, BVTA can provide
a quote for lift and/or ladder access as needed.

Observations will be limited to readily accessible
areas.

Plumbing
• Identify material plumbing systems at the property
including domestic water supply, sanitary sewer, or
any special or unusual plumbing systems (such as
water features, fuel systems, gas systems, etc.).
• Identify type and condition of restroom fixtures,
drinking fountains and/or other plumbing
equipment.
• Observe general conditions and note any physical
deficiencies identified or unusual items or
conditions observed. Include any reported material
system inadequacies.

Heating
• Identify material heat generating systems at the
property.
• Observe general conditions, identify reported age
of the equipment, note past material component
replacements/upgrades, note apparent level of
maintenance, and identify if a maintenance contract
Packet Page 73
13 is in place. If heating equipment is not operational at the time of the walk-through survey, provide an
opinion of the condition to the extent reasonably
possible.
• Identify and observe any special or unusual heating
systems or equipment present (fireplaces, solar
heat, etc.) and note any reported material problems
or inadequacies.

Air-Conditioning + Ventilation
• Identify the material air-conditioning and
ventilation systems at the property. Include material
equipment such as cooling towers, chillers (type of
refrigerant used), package units, split systems, air
handlers, thermal storage equipment, etc.
• Identify material distribution systems (supply and
return, make-up air, exhaust) at the property.
• Observe general conditions, identify equipment
reported age, note past material component
upgrades/replacements and apparent level of
maintenance, and identify if a maintenance contract
is in place (contractor name). If AC and ventilation
systems are not operational at the time of the walkthrough survey, provide an opinion of the condition to the extent reasonably possible.
• Observe general conditions and note any physical
deficiencies identified or unusual items or
conditions observed. Additionally, include any
material reported system inadequacies or operating
deficiencies.
• Identify and observe any special or unusual airconditioning and ventilation systems or equipment (cold storage systems, special computer cooling
equipment, etc.) and note any material reported
problems or system inadequacies.

Electrical
• Identify the electrical service provided and
distribution system at the property.
• Include material switchgear disconnects, circuit
breakers, transformers, meters, emergency
generators, general lighting systems, and other
such equipment or systems.
• Observe general electrical items (distribution
panels, type of wiring, energy management systems,
emergency power, lightning protection).
• Observe general conditions and note any physical
deficiencies identified or unusual items or
conditions observed. Also, note the presence of any
special or unusual electrical equipment, systems,
or devices at the property, and include reported
material problems or system inadequacies.

Life Safety + Fire Protection
• Identify material life safety/fire protection systems at the property, including sprinklers and stand
pipes (wet or dry), fire hydrants, fire alarm systems,
water storage, smoke detectors, fire extinguishers,
emergency lighting, stairwell pressurization, smoke
evacuation, etc.
• Observe general conditions and note any material
physical deficiencies identified or unusual items
or conditions observed or reported including any
reported system inadequacies.

Elevators + Vertical Transportation
• Identify vertical transportation systems at the
property. Include the equipment manufacturer,
equipment type, location, number, capacity, etc.
• Observe elevator cabs, finishes, call and
communication equipment, etc.
• Identify the company that provides elevator/
escalator maintenance at the property. Observe
general conditions and note any physical
deficiencies identified or unusual items or
conditions observed or reported including any
reported material system inadequacies.
• Out of Scope Issues: Performing any calculations,
examination of operating system components such
as cables, controller, motors, etc.; entering elevator/ escalator pits or shafts.

Interior Elements
• Identify offices, special use areas, and building
standard finishes, including flooring, ceilings,
walls, etc. Furnishings and fixed components will
be reviewed and included in the cost estimate
tables for replacements. BVTA will identify material
building amenities or special features.
• Observe general conditions and note any physical
deficiencies identified or unusual items or
conditions observed or reported.

Packet Page 74
14 Exhaust Collection Systems
• BV will verify existence of any exhaust collection
systems in the apparatus bays. If a system is
present, BV will conduct a carbon monoxide (CO)
measurement at each exhaust collection system. If
the apparatus bay shows evidence of irregular CO/
CO2 levels, we will recommend additional testing
from an industrial hygienist to determine levels of
VOCs, NO2, SO2, CO and diesel exhaust particulates.

Additional testing will verify performance standards
with fire apparatus idling in bays, on the tarmac,
and entering/exiting bays as would occur during
normal station operation.

Food Service Spaces and Equipment
• Assess all food service equipment and spaces
(kitchen, cafeteria, dining, serving areas). Food
service equipment (fixed equipment) will be
evaluated for adherence to life/ safety code and
ventilation requirements as well for condition and
capital replacement.

Special Systems and Equipment
• Include all special systems and equipment, such as
Emergency Medical Systems (EMC), chillers, radio
towers, equipment lifts, chair lifts, chemical storage
or treatment areas, storage tanks, dumbwaiters,
vaults, public address systems, and telephone
systems.

Limited Accessibility Compliance
• Provide a general statement of the subject building’s likely compliance to the Americans with Disabilities
Act to help identify whether Client may be exposed
to issues and whether there is the need for further
review.

Energy Conservation Analysis
• Consider energy conservation savings when making
repair or replace recommendations and include
these projects in the project prioritization.

RANKING AND CLASSIFICATION
Based upon our observations, research and judgment,
along with consulting commonly accepted empirical
Expected Useful Life (EUL) tables; BVTA will render our opinion as to when a system or component will most
probably necessitate replacement.

Accurate historical replacement records provided by
the facility manager are typically the best source for this data. Exposure to the weather elements, initial system
quality and installation, extent of use, the quality and amount of preventive maintenance exercised are all
factors that impact the effective age of a system or
component. As a result, a system or component may
have an effective age that is greater or less than its actual age. The Remaining Useful Life (RUL) of a component
or system equals the EUL less its effective age.

CONDITION RANKING OF BUILDING SYSTEMS /

EQUIPMENT
BVTA can rate the condition of each facility with the
below rating system, or another City-specified scale:
5 Excellent – No visible defects, new or near new
condition, may still be under warranty if applicable
4 Good – Good condition, but no longer new, may
be slightly defective or deteriorated, but is overall
functional
3 Adequate – Moderately deteriorated or defective,
but has not exceeded useful life
2 Marginal – Defective or deteriorated in need of
replacement; exceeded useful life
1 Poor – Critically damaged or in need of immediate
repair; well past useful life
BVTA can also include alternative categories to rank
and weight priorities as required by the City, such
as functional deficiencies, aesthetics, time-based
urgencies, and other mission critical factors.

Packet Page 75
15 PRIORITY CLASSES
The analysis will include all cost observations be ranked by Priority Classes. The following five classes are typical but can be altered to meet your specifications and needs.

Potentially Critical
Requiring action in the next year
including components experiencing
intermittent operations, potential
life safety issues, and rapid
deterioration, returning a building
component to normal operation.

CurrentlyCritical
Requiring immediate action
including a cited safety hazard and
areas of accelerated deterioration,
returning a building component to
normal operation.

IMMEDIATE
1 Necessary — Not Yet
Critical
Requiring appropriate attention to
preclude predictable deterioration,
potential downtime, additional
damage, and higher costs to
remediation if deferred further.

Recommended
Representing a sensibile
improvement to the existing
conditions (not required for the
most basic function of the facility;
however, will improve overall
usability and/or reduce long-term
Does Not Meet
Current Code
No Action required at this time
but should substantial work be
undertaken correction would be
required.

PRIORITY CLASSES
YEARS 1-2
2 YEARS 3-5
3 YEARS 6-10
YEARS 15-20
4 “GRANDFATHERED”
5 DEFICIENCY CATEGORIES (UNIFORMAT)
The deficiencies observed will be classified into
categories such as those below using the Uniformat
System (Level 4):

A10 Foundations
A20 Basement Construction
B10 Superstructure
B20 Exterior Enclosure
B30 Roofing
C10 Interior Construction
C20 Stair
C30 Interior Finishes
D10 Conveying
D20 Plumbing
D30 HVAC
D40 Fire Protection
D50 Electrical
E10 Equipment
E20 Furnishings
F10 Special Construction
F20 Selective Building Demolition
Cost Estimating
BVTA’s cost estimating database is comprised of RS Means data and further customized with proprietary cost tables developed by BVTA, based on historical and localized
actual costs. BVTA maintains and updates our Uniformatbased cost estimating system with information received from the field. Through construction monitoring work,
we have current cost data from hundreds of in-progress
construction and rehabilitation projects. This data
allows us to calculate costs based on local conditions to maintain a cost database that is typically more current than RS Means’ models.

Each report will include a Capital Needs Analysis
including an estimated cost for each system or
component repair or replacement anticipated during
the evaluation term. The report will provide options
for repair of the deficiency, and the capital needs
analysis will be presented as an Excel-based cost table that includes a summary of the description of each
component, the age and estimated remaining useful
life, the anticipated year of repair or replacement,
quantity, unit cost and total cost for the repair of each line item.

A consolidated Capital Needs Analysis will be presented that includes all anticipated capital needs for all
buildings. The cost estimate for capital deficiencies
will be based on the estimate for maintenance and
repair, but may at the City’s option, also include
project management, construction, and design fees
derived using actual costs from previous projects. After determining these costs, we will confirm these costs
with the City Staff.

As-Built Drawings / Floorplans
We will generate architectural As-Built drawings in
AutoCAD of specified buildings. Drawings will include
a floor plan, reflected ceiling plan (RCP), interior
elevations, exterior elevations, roof plan, and a site
plan.

Packet Page 76
16 Report Deliverables
BVTA will provide an in-depth report including a
description of each of the building components
and systems as described in the approach sections
above. Each report is organized by building system
and include digital photos of major systems and
components and of all deficiencies identified. Reports
will include current and anticipated repairs and
deficiencies, recommended repair and component lifecycle replacements, and applicable options for repair or maintenance of building components.

The Capital Needs analysis will include a cost database sorted by building system and ranked by priority
for repair. The format of the database will allow for
reporting by building, system, or priority for repair, and a year-by-year analysis of capital needs.

Facility Condition Index
A Facility Condition Index (FCI) will be calculated for each building. This index will be a function of required repairs compared to building replacement costs. The
FCI will be generated from the data collection/capital
planning database and will be updated as components
age or are replaced.

Capital Plan
Reports will reflect a 5, 10, or 20-year capital plan based on BVTA’s 20-year building system evaluation. The
analysis will include a cost table sorted by building
and system and ranked by priority for repair. Tables will allow for the customization of reporting and a year-byyear capital needs analysis.

If applicable, this analysis will include the review
of any available documents pertaining to capital
improvements completed within the last five-year
periods, or currently under contract. BVTA shall also
inquire about available maintenance records and
procedures and interview current available on-site
maintenance staff.
• Recommended schedule for replacement or repairs
(schedule of priorities).
• Digital photographs for the buildings including
photos of deficiencies.
• General description of the property and
improvements and comment generally on observed
conditions.
• Critical repairs and life safety issues separately from repairs anticipated over the term of the analysis.
• FCI number for the building.

BVTA will submit PDF draft reports electronically and
once approved and finalized, a program summary
report to include a roll-up of all prioritized capital needs across all facilities. All electronic copies of the report will include all text, deficiency tables, digital photos, and supporting documentation and report appendices.

Deficiency Categories / Plan Types
Each deficiency identified in the Assessment shall
be classified in the following manner (or other Client
defined categories):

Category 1 - Scheduled Maintenance: Maintenance
that is planned and performed on a routine basis to
maintain and preserve the condition.

Category 2 - Deferred Maintenance: Maintenance that
was not performed when it was scheduled or is past its
useful life resulting in immediate repair or replacement.

Category 3 - Capital Renewal: Planned replacement
of building systems that have reached the end of their
useful life.

Category 4 - Energy and Sustainability: When the
repair or replacement of equipment or systems are
recommended to improve energy and sustainability
performance.

Category 5 - Security: When a system requires
replacement due to a security risk or requirement.

Program-wide Report
In addition to each building report, BVTA will develop
a Program-wide Report that includes a ranked systemwide Capital Plan for all facilities with programmatic conclusions and recommendations. The Program
Report includes a brief narrative description of each
facility/building component and system, and discusses
Packet Page 77
17 the current, anticipated repairs, deficiencies, and of all buildings assessed. The Program Report analyses will
include tables sorted by building system and ranked by
priority for repair. The format of the tables will allow for the several perspectives of reporting by FCI, building, system, or priority for repair, and a year-by-year analysis of capital needs.

Sustainability Efforts – Digital Reports
BV regularly takes measures to minimize impacts to
the environment in the delivery of services. In lieu
of printing reports and meeting minutes, BV makes
an effort to be stewards of the environment by using
digital distribution for materials. When appropriate,
we suggest that in-person meetings be done by
teleconference or video conference – in order to reduce our carbon footprint.

Bureau Veritas will collect information on the major
pieces of facility equipment. Specifically, the data
collection will focus on the following components:

HVAC (level of detail for which Preventive
Maintenance would be performed)
• Heating System
– Identify boilers, furnaces, unit heaters and
major labeled equipment.
• Ventilation System
– Identify the major labeled equipment; exhaust
hoods, fans.
• Air Conditioning System
– Identify the material air-conditioning
components, including cooling towers,
compressors, chillers, package units, roof
top units, split systems and major labeled
equipment. Excluded are window units,
terminal units, VAV boxes, thermostatic
controls.

Electrical
• Major panels only-for identification to track
maintenance.
• Transformers
• Switchgear
Equipment
• Building Automation System
Plumbing
• Pumps external to HVAC systems
• Domestic Hot Water heaters over 80 gallons
• Other major labeled equipment.

Commercial Kitchen- major equipment (above
approximately $2000 value)
• Walk-in freezer and refrigerator equipment
• Ovens, stoves, broilers, grills
• Reach-in refrigerators and freezers
• Dishwashers
• Fryers
Vertical Transportation (if applicable)
Life Safety/Security
• High Level (system level) only-for identification to
track maintenance
– Alarm Panels
– Emergency generators
– Exhaust hood fire suppression
Where appropriate, the following data will be collected for each component:
– Location data by floor and room
– Model
– Serial Number
– Manufacturer
– Manufactured Date
Barcoding
For the above referenced equipment, BVTA can apply
a durable barcode / QR code/asset tag with a unique
number for use as an identifier in the CMMS system.

We will use labels supplied by the City or a vinyl tag for indoor applications, and a durable foil tag for outdoor use. Barcode / QR code numbers will be recorded in
the database and all future work orders etc., and can be tied back in to a single piece of equipment or system.

The cost of Barcoding / QR coding assumes that we will
tag equipment during the FCA process.

Packet Page 78
18 Preventive Maintenance Schedules
Bureau Veritas will provide preventive maintenance (PM) schedules for the equipment listed in the equipment
inventory provided by client. Preventive maintenance
schedules will include the following information:
• Safety precautions specific to the recommended
PM instructions
• Description of tools required for recommended
PM instructions. Tool list will not be exhaustive
but identify common tool sets and specialty tools
required for tasks.
• Recommended preventive maintenance
instructions and frequencies specific to the
equipment classification and type. PM instructions
are based on the following sources:
• Prevailing national standards Survey of Common
Manufacturers recommendations Industry best
practices
• Estimated labor hours required to complete each
PM work order.

BV will provide the PM schedules in spreadsheet format
suitable for upload into clients CMMS. Spreadsheet will also contain analysis of PM labor hour requirements for use by client for planning purposes. BV will review PM
schedules with client and adjust frequencies and start
dates as required to meet clients’ needs and match
available resources.

CMMS Ready Data and Consulting
BV will be delivering to Client a live asset management plan that can be maintained and kept up-to-date by
staff. BV will provide training to staff on maintaining the on-going monitoring program to track facilities, work
performed, re-prioritization of maintenance projects,
and how to update this information in the database.

The data from the FCA can be exported for data
migration to most CMMS/IWMS systems. Our fee does
not include any fees for data migration that may be
required by your CMMS platform.

BV can export the data from our data collection tool
to a compatible format (Excel Spreadsheet, Access
Database, or SQL format) to be used by the Client’s IT
department for future integration with other software
systems.

AssetCALC™ - Assessment Software and
Database Deliverable
Bureau Veritas proposes utilizing AssetCALC™ as
its platform for all data collected on this project.

AssetCALC™ is a cloud platform developed, licensed,
maintained, and supported solely by Bureau Veritas for
our clients.

AssetCALC™ is a web-based SQL database platform
that enables users to:
• query, edit, and analyze their facility condition data • plan immediate and short-term repairs
• budget capital expenditures throughout the
lifecycle of a building or an entire portfolio
The system unites Bureau Veritas’ experienced field
data collection methods with advanced planning and
reporting tools, construction cost libraries, location
mapping (GIS) features, digital photo management,
and document storage.

DATA DEVELOPMENT
AssetCALC™ includes a configurable facility hierarchy
and asset data architecture - this will include all of your assets grouped based on site location, asset group, and function.

Data can be exported to an Excel, XML, or an ODBC
database format compatible for upload into your
CMMS, EAM, or work-order systems.

FEATURES INCLUDE:
• Facility Condition Assessment access:
– Component/system descriptions
– Locations
– Conditions and EUL/RUL
– Repair and replace recommendations
– Digital photos
– Search and Sorting Functionality
• Prioritization of maintenance projects
• UniFormat II Cost Database
• Project Budgets and Capital Plans
• Unlimited concurrent user licensing
• Secure IT platform and back-ups
• Client is the owner of data collected and residing in the database
• Online User Training and Documentation
Packet Page 79
19 REPORTING
AssetCALC™ includes more than a dozen standard
options for data summaries and reports:
• Facility Condition Index (FCI) Reports
• Rank and Prioritize Capital Improvement Projects
• Deferred Maintenance Backlog
• Facility Queries (by building, priority, system, or
dollar deficiency amount)
• Capital Budget Planning
• Year-by-Year Capital Needs Analysis
• 5, 10, or 20-Year Replacement Reserve Reports
• Custom 3rd party form automation available
Packet Page 80

EXHIBIT C

FEE PROPOSAL
Packet Page 81
March 10, 2023
Via Email: [email protected]
Ms. Kirstin van Gend
City of Seaside
440 Harcourt Avenue
Seaside, California 93955
RE: City Facilities Condition Assessments
Proposal No: 161483.22P – revision v1
Dear Ms. Kristin van Gend:

We are pleased to provide City of Seaside (hereinafter referred to as “Client”) with the following proposal. If accepted, Bureau Veritas Technical Assessments LLC (hereinafter referred to as “BVTA”) will perform the services listed below (collectively, the “Services”) meeting the specifications hereafter described.

Property(ies)
All 27 properties listed in Attachment 1 of RFP
Proposed Service(s) & Fee(s)
Service(s) Lump Sum Fee(s)
Facility Condition Assessment $91,209.58
All fees referred to in this document are expressed in US Dollars. Pricing is not inclusive of taxes. If applicable, taxes shall be included at the time of invoicing, payable by the client and remitted by BVTA to the taxing municipality. The proposed fees are limited to the specific Services described in this Proposal, performed according to the requirements of the corresponding ASTM standard practices, or Client-specified Protocols.

Deliverable(s)
The quoted price includes the delivery of:
# of Report Type Method of Delivery
20 Draft Email Full Report (PDF)
20 Final Email Text (Word)
Unless otherwise specified, BVTA will submit all reports in Final format. Timing for completion of any requested postdelivery modifications to the report will be determined at the time of the request.

If different deliverables are required, please indicate the quantity, type and method of delivery on the Project Authorization page of this proposal.

Timing
BVTA’s report(s) will be delivered within 90-120 full business after receipt and approval of the signed proposal document.

After engagement, a call will be placed to the designated onsite Point of Contact (POC) provided by the Client in order to schedule the site visit(s), where applicable. The Client acknowledges that the Point of Contact provided shall be deemed an agent of the Client for the purposes of providing access and conveying information pertaining to the Site.

Projects Placed on Hold or Canceled
Should the Client place the awarded project on hold or cancel the engagement after contract execution, the Client

EXHIBIT C
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161483.22P, p. 2
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agrees to pay project-specific costs incurred by BVTA, such as administrative processing, regulatory database searches and non-recoverable travel fees, as well as a percentage of the project fee, depending upon the time the project is placed on hold or cancelled. Please note that BVTA invoices canceled jobs at the time of cancellation. Jobs on hold will be automatically invoiced 30 days from the date of the hold request. Requests to cancel or place projects on or off hold must be received by BVTA in writing (email acceptable) from the Client. Invoices billed as a result of projects being placed on hold or canceled are fully collectible.

Payment Details
BV will submit a monthly consolidated invoice inclusive of all services performed to date and invoiced per a % of task completed basis. Invoices will be payable within 30 days of receipt.* *If comments on the Draft reports are not received within 60 calendar days, BVTA will invoice for Final Reports.

Upon receipt of each monthly invoice, the amount due per billing is fully collectible. Please forward payments to:

Accounting Department, Bureau Veritas Technical Assessments LLC, PO Box 74007289, Chicago, IL 60674-7289 or contact your BVTA administrator to pay via credit card or to receive wiring instructions. BVTA recommends payment by credit card for amounts less than $1000. Please ensure that Proposal #161483.22P or invoice number is clearly identified on all payments and correspondence for proper credit.

Documents to be Furnished by Client
In order to facilitate a cursory review of pre-existing documents for each Project, BVTA asks to be furnished with electronic or printed copies of available site information. Such documents may include:

FCA Services:
• Inspection Reports (sewer, boiler, chiller, etc) • Building Systems Maintenance Records • Prior Engineering Reports (CNA, PNA, PCA, etc.) • Owner Elected Repair list (if available) • Prior Master Plans / Facility Master Plans • Original Building Plans (can be viewed on-site) • Capital Expenditure Schedules (prior or planned) • Fire Protection/Life Safety Plans • Rehabilitation budget & scope (draft or final) • Site Plan/Floor Plans • Accessibility Transition Plans/Self Evaluations
Please feel free to contact me at (800) 733-0660 x.7292704 or [email protected] should you have any questions. BVTA welcomes the opportunity to be of service.

Sincerely,
Bureau Veritas Technical Assessments LLC
Erik S. Piller
Senior Vice President
Attachments:

Price Breakdown by Task
Description of Services
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Fee Breakdown
BUREAU VERITAS FEE BREAKDOWN LUMP SUM TOTAL $ 91,209.58 TASK 1 PROGRAM MANAGEMENT Hours $ 12,443.40
Master Development & Scheduling 4 $ 560.00
Pre-Assessment Coordination & Consultation 4 $ 560.00
Kickoff Meeting 8 $ 1,120.00
Progress Meetings (Teleconference) 3.5 $ 490.00
Post Assessment Consult 8 $ 1,120.00
Final Meeting & Training 8 $ 1,120.00
Data Development / AssetCALC Setup $ 2,148.40
Expenses $ 5,325.00
TASK 2 FACILITY / SITE ASSESSMENTS $ 16,459.66
FCA Assessments 92 $ 11,620.00
Inventory $0.02 / SF $ 2,237.52
Barcode Affixation $0.015 / SF $ 1,678.14
Barcode Labels 1000 X $0.9240 $ 924.00
TASK 3 FACILITY / SITE REPORTING $ 39,357.52
FCA Report Writing 192 $ 24,120.00
Report Review 80 $ 9,700.00
Report Revisions 20 $ 2,500.00
Ship Reports 10 $ 800.00
Preventive Maintenance Plans $0.02 / SF $ 2,237.52
TASK 4 FACILITY DIAGRAMS $ 22,949.00
Facility Diagrams (5 Sites - 65,564 SF)
Approximately

0.35/SF $ 22,949.00

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CITY FACILITIES CONDITION ASSESSMENTS EXHIBIT C

EXHIBIT D

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In the alternative, Agency may cancel this Agreement.

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

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

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

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

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

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

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

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

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

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

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

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

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

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REQUEST FOR PROPOSAL
FOR

PROFESSIONAL SERVICES FOR

CITY FACILITIES CONDITION ASSESSMENTS
DECEMBER 2022
Submit proposal to:

Public Works Engineering
City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
PROPOSALS DUE BY 3:00 P.M. THURSDAY, FEBRUARY 2, 2023

EXHIBIT E
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Table of Contents
I. INTRODUCTION AND BACKGROUND ....................................................................... 3 II. SCOPE OF WORK ............................................................................................................. 3 III. FORM AND CONTENTS OF PROPOSAL ...................................................................... 7

1. Cover Letter .............................................................................................................. 7

2. Project Team ............................................................................................................. 7

3. Relevant Project Experience ..................................................................................... 7

4. Project Understanding and Approach ....................................................................... 7

5. Project Schedule........................................................................................................ 8

6. Scope of Services ...................................................................................................... 8

7. Fee Proposal .............................................................................................................. 8 IV. PROCEDURES FOR SUBMISSION ................................................................................ 8 V. REVIEW AND SELECTION PROCESS .......................................................................... 9 Consultant Selection Timeline .......................................................................................... 10 Evaluation Criteria ............................................................................................................ 10 VI. ACCEPTANCE OR REJECTION OF PROPOSAL ........................................................ 11 VII. ADDENDA AND INTERPRETATION .......................................................................... 11 VIII. GENERAL DESCRIPTION OF PROPOSED AGREEMENT ........................................ 11 IX. INSURANCE REQUIREMENTS .................................................................................... 11 X. EXAMINATION OF PROPOSED MATERIAL ............................................................. 12 XI. PUBLIC NATURE OF PROPOSAL MATERIAL .......................................................... 12 XII. DISQUALIFICATION ..................................................................................................... 12 XIII. NON-CONFORMING PROPOSAL ................................................................................ 13 XIV. PROHIBITION OF GIFTS ............................................................................................... 13 XV. NON-DISCRIMINATION/NON-PREFERENTIAL TREATMENT .............................. 13 XVI. ADDITIONAL TERMS AND CONDITIONS ................................................................ 13 XVII. ATTACHMENTS ............................................................................................................. 14 Packet Page 90
City of Seaside
Request for Proposal to Provide Professional Services for City Facilities Condition Assessments
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I. INTRODUCTION AND BACKGROUND
The City of Seaside, California is soliciting proposals from qualified consulting firms to provide a comprehensive, professional needs assessment for the City’s facilities for approximately 25 buildings/structures/sites, totaling approximately 106,000 square feet (Attachment 1). The inventory includes: municipal government offices, the City Fire Station, law enforcement facilities, the City library, corporation yard, community centers, residential buildings, and 4 City parks.

The purpose of the City Facilities Condition Assessments is to conduct a comprehensive documentation, analysis of the City’s existing build facilities, and provide comprehensive review of the maintenance and repair needs. This analysis will be utilized for prioritizing capital improvements and required maintenance activities, as well as assisting with allocating operating budgets and potentially establishing sinking funds and on-going maintenance schedules.

The City’s primary objectives for the City Facilities Condition Assessments are to:

1. Establish a list of maintenance and repair (M&R) priorities and incorporate said list into a short-term (1-5 years) and long-term (5-10; 10-15; 15-20 year periods) M&R schedule;

2. Analyze budget implications based in part on a facility life-cycle cost analysis prepared for each facility;

3. Develop a protocol for on-going monitoring of facility conditions, work performed and record information for City facilities.

The selected consultant shall perform the tasks specified in the "Scope of Work" section of the Request for Proposals (RFP). The consultant is encouraged to suggest additions or modifications to the scope that will enhance or clarify the work and the suggestions should be incorporated into the proposal. Prospective consultants will be required to provide team qualification, proposed work plans, proposed schedule, and other related items as part of the proposal submittal (Section X).

The deadline for submitting proposals is 3:00 PM on Thursday, February 2, 2023.

II. SCOPE OF WORK
The City is requesting proposals from qualified consultants for comprehensive City Facilities Condition Assessments. The project scope shall include but not be limited to the following tasks and deliverables.

Task 1 - Project Start Up

1.1. Meet with the City to collect all the available data using Attachment 1 (listing of facilities) to complete the list of facilities that will be reviewed and inspected. Available data to include: address and area; drawings of the buildings and systems; information of the major systems, such as, maintenance history; and any known problems.

1.2. Review regulatory requirements to be followed during the evaluation with the City, in addition to any long range funding strategies and the prioritization categories, so as to ensure the draft report is prioritizing each deficiency accurately.

1.3. Review the City provided information to identify the previous work done on each building.

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1.4. Review the past maintenance history to understand the parameters that already exist for sizes and quantities of building systems.

1.5. Develop a detailed schedule for the site visit to each building, developing efficient routes to minimize interruptions to City staff.

1.6. Refine the project schedule that includes meetings with City staff prior to and after each weekly building assessment.

1.7. Gather the available building, system and equipment information and drawings of the buildings and infrastructure.

1.8. After reviewing the available information, develop a building survey schedule and project schedule, and develop the format for the report. Facilitate a project kick-off meeting with the City with the goal of clearly understanding the following:

1.8.1. Goals and objectives

1.8.2. Scope, overall schedules and deliverables

1.8.3. Roles and responsibilities

1.8.4. Review completeness of data provided

1.8.5. Review of buildings, functional use, age, general condition, maintenance history

1.8.6. Review long-range funding and prioritization categories

1.8.7. Review the report's format
Task 1 - Project Start up Deliverable - Meeting minutes including goals and objectives, longrange funding strategies and prioritization categories; building survey schedule; project schedule.

Task 1 – Inventory

2.1. A staff member will be required to escort the team throughout the assessment with 72 hour notice given. These individuals have a wealth of knowledge that can assist in the development of the assessment report. They also have access to all mechanical and electrical rooms, roofs, central plants and other secured areas. The consultant’s architect and electrical engineer or mechanical engineer will be escorted by the staff member.

Surveys will be conducted during normal business hours, and consultants will be wearing badges to identify them as part of an assessment team.

2.2. Evaluate the architectural, structural, mechanical and electrical building components during the building assessment.

2.3. Interview City maintenance staff with regard to their knowledge of building systems.

2.4. Photograph the building system, along with major deficiencies.

2.5. Implement barcode system, including labeling and a database, for every asset that requires preventive maintenance. Upon completion of the building assessment, provide the City with information of any fire/life/health safety issues that need immediate attention, in addition to providing an update of the surveying progress.

Task 2 - Inventory Deliverables - Weekly trip reports consisting of any immediate fire/life/health safety issues.

Task 3 - Evaluations and Findings

3.1. Assessment requirements: The consultant shall inspect all identified facilities to produce an accurate analysis that identifies all components and elements requiring maintenance, Packet Page 92
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repair, and/or major capital investment. It is anticipated that the consultant team will be an interdisciplinary team (potentially involving multiple firms) likely to include a California licensed Civil/Structural Engineer, Mechanical Engineer, Electrical Engineer, Architect and Appraiser, as appropriate. It is preferred at least one member of the interdisciplinary team be a Registered Professional Engineer. The consultant will thoroughly examine building systems using non-destructive, on-site observations to compile a complete understanding of current building conditions and Department needs for each facility. Consultant will ensure that the inspection staff has the appropriate training and equipment to record and produce consistent and accurate data. The assessment is to be performed in conformance with the following policy directions:

3.1.1. Inspections: The method of the inspection process shall allow for a comprehensive inspection of observable systems, while utilizing input from City staff to complement the assessment of current conditions with details of the facilities’ background. This will be augmented with information provided by City staff regarding the current and projected uses of each facility, the current and projected staffing levels for each facility and any known deficiencies currently affecting these needs. At a minimum, inspectors shall gather the following information on each property:

3.1.1.1. Property Characteristics: An inventory of all building systems with each system component quantified as a count, an area, a length, and/or a height; whichever measurement is most appropriate for each system.

Confirmation/validation of building area (square footage) shall be obtained during inspection.

3.1.1.2. Age: Identification/approximation of the year each system component was installed.

3.1.1.3. Current Condition: An assessment of the current condition of each system component and a determination of the level of repair necessary to restore or replace these components to achieve optimal condition.

3.2. Analyze the field data collected following the building assessment. The report should include:

3.2.1. Photos and detailed description of the building and the major systems (structural, mechanical, plumbing, fire protection and electrical).

3.2.2. Detailed description of the remaining useful life of the building and its major systems.

3.2.3. Identification of the system and component deficiencies along with recommendations for repair/replacement.

3.2.4. Suggestions for value improvements to the building including suggested energy conservation improvements.

3.3. Generate a budget level cost estimate that captures all of the field team's recommendations for repair/replacement and value improvements(s) to the building accompanied by a prioritization (agreed to with the City) for each recommendation. Identify if the repair/replacement falls in the major maintenance, capital renewal or capital replacement budget. For the value improvements identify phasing and funding strategies, along with cash flow projections.

3.4. Calculate the replacement cost of the buildings, in order to generate a facility condition index (FCI) for each building or structure. The generally accepted FCI is shown below:

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FCI Range Condition Rating
0 to 0.05 Good

0.06 to 0.10 Average
Over 0.10 Poor

3.5. Ensure the field team(s) maintains consistency between assessments of the buildings by meeting with them weekly to review their field data, evaluations and findings.

3.6. Prepare recommendations for the completion of current deferred maintenance using industry best practices. Advise the City in its ongoing maintenance policies and procedures. Incorporate a replacement schedule for all major systems and equipment over the chosen term of the assessment forecast.

3.7. Recommend various facilities maintenance software applications that will help the City in operating and maintaining their real estate portfolio.

3.8. Develop facilities schematics for City Hall, Fire Station, Oldemeyer Center, Soper Field – Community Center, and the Youth and Education Center. (Optional) Task 4 – Reporting

4.1. Develop a pilot report for the City's review upon completion the field assessment.

4.1.1. Format: The consultant shall have a thorough understanding knowledge standards such as ASTM Designation E2018, Standard Guide for Property Condition Assessments: Baseline Property Condition Assessment Process, for each subject of the City Facilities List (identified in Attachment 1). Format, including individual and summary reports, shall be confirmed by City and consultant prior to commencing assessments. Once format is confirmed, City will require a pilot City Facilities Condition Assessments be conducted on a facility of its choosing to confirm City Facilities Condition Assessments deliverable format individually and in summary.

Once pilot City Facilities Condition Assessments format and accuracy is confirmed by the City’s project manager, the remainder of the City Facilities Condition Assessments for each facility in the project will be given authorization to proceed.

Hard copy and digital deliverables will be required.

4.2. Meet with the City to review comments, if any, before completing the city-wide draft report. Modify the report per input and continue with the generation of the draft report.

4.3. Complete the draft review cycle of the draft report with the City, make any necessary adjustments and present the final report to the City.

4.4. Provide the City with an Excel file of the assessment that can be manipulated. This will allow the City to update information in the assessment, reports as costs for certain items change.

4.5. Prior to submission of any reports, review and sign the report(s). Ensure that the reports cover the contracted scope of work and either meet or exceed the City's expectations by following a Total Quality Management Program.

Task 4 - Reporting Deliverables: Pilot Report, Draft Report, Final Report, Addendums/Exhibits
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III. FORM AND CONTENTS OF PROPOSAL
Proposals shall consist of responses to the sections below. Please clearly label and respond to all sections. The submissions are subject to a page limitation of twenty (20) pages (front-side only) in twelve-point font. The cover letter, table of contents, front and back covers, and section dividers and resumes are excluded from the page count. Proposers are requested to enclose certain information as exhibits, which will not count against the page limit and may also attach additional information as exhibits (which also will not count against the page limit). The City makes no assurances that any non-requested additional information in exhibits will be reviewed. The proposal shall be bound, with tabbed section dividers, and include the following sections in order within the page limitations:

1. Cover Letter
Include the primary consultant’s name and business address, as well as the Project Manager’s name, telephone number and email address. Summarize your understanding of the project and briefly introduce your team. The cover letter shall be signed by the person authorized to negotiate a contract for proposed services with the City of Seaside on behalf of submitting firm/team.

Address any exceptions to the Insurance and Indemnification requirements listed in Exhibit C of the Standard Consultant Agreement attached hereto as Attachment 2.

2. Project Team
Clearly identify the prime consultant, all subconsultants, and their respective roles. Show the project manager and the key staff proposed for this project, including subconsultants’ staff.

Excluding circumstances beyond the consultant’s control, it is expected that the project team proposed under this proposal will remain unchanged throughout the duration of the Project.

Replacement of key staff, without written approval of the City of Seaside, will not be permitted.

Include contact information and a brief summary of the Prime firm’s organization and history.

Provide a résumé of each key team members. Provide two references (name, title, agency, and telephone number) for the project manager and task leaders from similar type/size projects.

Include contact information and a brief summary of the each subconsulting firm’s organization, history, and two firm references. Provide a brief résumé (one page each) of each key team member.

Resumes shall be provided at exhibits to your proposal and will not count against the page limit.

3. Relevant Project Experience
Include similar type/size projects that your team has completed. Provide a project description, services provided, consulting fees and the project cost. Discuss whether the assessment was completed on time and within budget. Identify any obstacles encountered and how it was resolved.

4. Project Understanding and Approach
Describe your firm/team’s understanding of the work to be performed and identify the approach for key services and/or issues anticipated for this project. Describe project manager’s and Packet Page 95
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firm/team support and approach to managing project to ensure effort is completed on schedule and within established budget.

5. Project Schedule
Provide a schedule, from start to finish, showing phases and major benchmarks in the scope of work with reasonable completion expectations. Indicate stages of work, time frames, and your team’s ability to perform the required services in a timely manner. Allow three weeks for each submittal review by the City staff in the proposed schedule. Additionally, a progress meeting should be held to correspond immediately after City review of each submittal. Describe project manager’s and firm/team support and approach to managing project to ensure effort is completed on schedule and within established budget.

6. Scope of Services
Provide a detailed description of the proposed scope of services through PS&E, bid support, and assessment support. The scope of services submitted with the consultant’s proposal must include a list and number of all deliverables, digital and hard copy, to be provided. Consultant must also plan for the necessary meetings for every aspect of the improvements program.

7. Fee Proposal
Provide your proposed fee in a separate, sealed envelope, plainly labeled “Fee Proposal” with the prime company’s name and project title. Consultant’s fee proposal must remain active for a time period of no less than two (2) years. Any annual or standard rate increases that may occur within this time period must be clearly defined in the original fee proposal. The fee proposal shall include a cover letter stating the not to exceed fee, and separate fee schedules depicting individual project tasks, staff hours, and basic hourly charge rates. The fee proposal shall reflect all anticipated fee increases during the contract duration. The final contract price may be negotiated.

IV. PROCEDURES FOR SUBMISSION
All correspondence between the City and potential proposers will be by email in accordance with Section VI, “Addenda and Interpretation” below.

Three (3) bound copies of the proposal package are due by 3:00 PM Pacific Time on Thursday, February 2, 2023. The proposal package, including the sealed cost proposal, shall be labeled “City Facilities Condition Assessments RFP” and submitted to the following address:

Engineering Division
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City of Seaside
Request for Proposal to Provide Professional Services for City Facilities Condition Assessments
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City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
Please also submit by e-mail a single Adobe Acrobat® PDF file containing the entire proposal, excluding your cost proposal, to [email protected]. The e-mail subject line should read:

RFP-City Facilities Condition Assessments
SUBMISSIONS WILL NOT BE ACCEPTED AFTER THIS DEADLINE. SUBMISSIONS

TRANSMITTED BY FAX WILL NOT BE ACCEPTED UNDER ANY
CIRCUMSTANCES.

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

V. REVIEW AND SELECTION PROCESS
The consultant selection committee will evaluate each proposal and rank the consultant teams based on the response to items in Section III, technical information, qualifications and check of references provided in the proposal. Interviews are anticipated for this project and will be tentatively set as listed in the timeline below.

The issuance of this RFP constitutes only an invitation to present responses. The City reserves the right, at its sole discretion, to determine whether or not any aspect of the response satisfactorily meets the criteria established in the RFP. The City reserves the right to seek additional information and/or clarification from the respondent, the right to confer with any respondent submitting a response and the right to reject any or all responses with or without cause. In the event that the RFP is withdrawn by the City for any reason, the City shall have no liability to any respondent for any costs or expense incurred with the preparation of this RFP or related work. The City reserves the right, at its sole discretion, to waive any irregularities or informality. The City may conduct interviews with any respondent it deems necessary.

The City of Seaside reserves the right to reject any and all responses for failure to meet the requirements contained herein, to waive any technicalities and to select the responses which, in the City’s sole judgment, best meets the requirements of the project.

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City of Seaside
Request for Proposal to Provide Professional Services for City Facilities Condition Assessments
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Consultant Selection Timeline
Distribution of RFP December 22, 2022
Pre-Proposal Meeting (non-mandatory) January 5, 2023, 2:00 pm (Zoom) Questions Due January 12, 2023
Response to Questions/Clarification January 19, 2023
RFP Submittal Deadline February 2, 2023 by 3:00pm
Proposal Ranking February 3, 2023 – February 23, 2023
Consultant Interviews (tentative) Week of February 27, 2023 Consultant Award (tentative) March 16, 2023
Evaluation Criteria
City staff will evaluate the materials provided in response to the Request for Proposals based on the following criteria:

1. Project Team (20%): This includes the team’s qualifications and relevant individual experience, unique qualifications of key personnel, time commitment of key members and the strength of the Organization Chart.

2. Project Understanding and Approach (30%): This includes demonstrated knowledge of the work required, explanation of the project, key components, local and best practice processes, and innovative approaches and internal measures for timely completion of project.

3. Scope (25%): This includes the relevance, completeness and logic of the scope.

4. Project Management (15%): This includes the ability to manage the project in a turnkey fashion, responsiveness to the City and its citizens’ needs, quality and timeliness of the deliverables and budget control.

5. References (10%): This includes record of producing quality product on similar projects on time and within budget.

The City reserves the right to conduct independent reviews and interview firms submitting proposals prior to making any selection. If the City elects, the top three proposals may be requested to participate in an interview. If your firm is selected to participate in an oral interview, you will be notified the week prior to the scheduled interview. The City will NOT be liable for any costs associated with your firm preparing its response to this RFP.

No Proposer will be allowed to modify the content of proposal at any time after the submission deadline, except in direct response to a request from the City for clarification or for an oral interview, provided that no such modification will result in a substantive amendment to the proposal. The City reserves the right to reject any or all proposals received as a result of this request and at its discretion waive any informality, technical defect or clerical error in any proposal.

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Request for Proposal to Provide Professional Services for City Facilities Condition Assessments
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VI. ACCEPTANCE OR REJECTION OF PROPOSAL
The City reserves the right to accept or reject any and all proposals. The City also reserves the right to waive any informality or irregularity in any proposal. Additionally, the City may, for any reason, decide not to award an agreement as a result of this RFP or cancel the RFP process. The City shall not be obligated to respond to any proposal submitted, nor be legally bound in any manner by the submission of the proposal. The Department of Public Works will make a recommendation to the City Manager or City Council, as applicable, regarding the selection of Consultant based upon an evaluation of the proposals. The City reserves the right to negotiate project deliverables and associated costs.

VII. ADDENDA AND INTERPRETATION
The City shall not be responsible for nor be bound by any oral instructions or interpretations or explanations issued by the City or its representatives. Should discrepancies or omissions be found in this RFP or should there be a need to clarify the RFP, you may request clarification in writing or by email to:

Ms. Kirstin van Gend, MPA
City of Seaside – Engineering Division
440 Harcourt Avenue
Seaside, CA 93955
Email: [email protected]
Any other contact with City personnel related to this RFP, prior to the formal appointment of the consultant, is prohibited. Such requests for clarification shall be delivered to the City at least ten (10) business days prior to the proposal due date. Any City response to a request for clarification will be made in the form of an addendum to this RFP and posted on the city’s website https://www.ci.seaside.ca.us/Bids.aspx. All addenda shall become part of this RFP. Proposals shall contain all addenda signed and dated by the Proposer.

VIII. GENERAL DESCRIPTION OF PROPOSED AGREEMENT
Upon conclusion of the RFP process, the Department of Public Works will recommend a firm to enter into negotiations for the assignments described. The recommended Proposer shall enter into contract negotiations with the City in substantial conformity with the selected proposal and the form of the City’s Professional Services Agreement (Attachment 2).

IX. INSURANCE REQUIREMENTS
The selected Consultant, at Consultant’s sole cost and expense and for the full term of the Agreement or any extension thereof, shall obtain and maintain at least all of the insurance requirements outlined in Exhibit C to the City’s Professional Services Agreement (Attachment 2).

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All policies, endorsements, certificates, and/or binders shall be subject to approval by the City of Seaside as to form and content. The selected Consultant agrees to provide the City with a copy of said policies, certificates and/or endorsements on the requested forms. The selected Consultant shall satisfy these insurance requirements prior to approval of the Agreement. Please address any issues with respect to insurance requirements in your response in Section II, above.

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

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

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

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

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

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

XIV. PROHIBITION OF GIFTS
City of Seaside officials are subject to several legal and policy limitations regarding receipt of gifts from persons, firms, or corporations either engaged in business with the City, or proposing to do business with the City. The offering of any illegal gift shall be grounds to disqualify a Proposer.

To avoid even the appearance of impropriety, Proposer should not offer any gifts or souvenirs, even of minimal value, to City officers or employees. The Proposer shall be subject to the City’s prohibition.

XV. NON-DISCRIMINATION/NON-PREFERENTIAL TREATMENT
The successful Proposer 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.

XVI. ADDITIONAL TERMS AND CONDITIONS
A. It is anticipated that the award of the Agreement resulting from the RFP shall include terms and conditions similar to those referenced in the City’s Standard Consultant Agreement (Attachment 2). Exceptions proposed by the Proposer, if any, to the terms and conditions included in the City’s Standard Consultant Agreement should be included in the proposal.

The City reserves the right to consider any proposal exceptions during its evaluation of the acceptability of a proposal.

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B. This RFP does not commit the City to pay any costs incurred in the submission of the proposal or in making any necessary studies or analysis in preparation of submission of the proposal.

C. The City reserves the right without limitation to:

1. Execute an agreement with one or more Proposers based solely on the proposal and any approved additions;

2. Enter into an agreement with another Proposer in the event that the originally selected Proposer defaults or fails to execute an agreement with the City;

3. Enter into negotiations with one or more Proposers;

4. Modify and re-issue the RFP;

5. Take action regarding the RFP as may deemed to be in the best interest of the City.

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

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

XVII. ATTACHMENTS

1. List of City Facilities

2. City’s Standard Consultant Agreement
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City Facilities Plan
Attachment 1: List of Facilities
City of Seaside

FACILITY ADDRESS OCCUPANT/
DEPARTMENT Owner USE

APPROXIMATE
SQUARE

FOOTAGE

AGE FLOORS
1 City Hall 440 Harcourt Avenue
Administrative Services;
City Manager; Police;
Council Chambers; Vehicle
Maintenance
City of Seaside
Office space, bathrooms, police
station/jail
22,432
1967 2
2 Trailer A 440 Harcourt Avenue Police City of Seaside Office space, bathrooms 1,440 Not Available 1 3 Trailer B 440 Harcourt Avenue Engineering City of Seaside Office space, bathrooms 1,440 Not Available 1 4 Corporation Yard 610 Olympia Public Works City of Seaside Office space, bathrooms 3,499 Not Available 1 5 Vehicle Maintenance Shop 650 Olympia Public Works City of Seaside Vehicle maintenance shop 4,000 Not Available 1 6 Metz Park 1556 Military Avenue Parks City of Seaside Bathrooms 400 Not Available 1 7 Fire Station 1635 Broadway Ave Fire City of Seaside Fire station (kitchen, showers, bathrooms) 8,312 1970s? 2
8 Oldemeyer Center 986 Hilby Avenue Recreation City of Seaside Mixed use: office space,
recreation/community space,
kitchen, bathrooms
25,000
Not Available 1
9 Youth and Education Center 1136 Wheeler Street Youth and Education Center City of Seaside
Mixed use: office space,
recreation/community space,
bathrooms
4,320
1946 1
10 Soper Field/Community Center 220 Coe Ave Parks City of Seaside Community center, snack shack, restrooms, baseball 5,500 Not Available 1
11 Laguna Grande Park Canyon Del Rey Road Parks City of Seaside Bathrooms 700 Not Available 1 12 David Cutino Park 3 Buena St Parks City of Seaside Bathroom, Snack Shack 942 Not Available 13 Swim Center 1148 Wheeler Street Swim Center City of Seaside Swimming pool, bathrooms/showers 15,000 Not Available 1
14 Library (Exterior) 550 Harcourt Library City of Seaside Exterior only 5,152 Not Available 1 15 1124 Wheeler House 1124 Wheeler Street City of Seaside Residential 1,126 Not Available 1 16 956 Hilby House 956 Hilby Street City of Seaside Residential 771 1930 1 17 962 Hilby House 962 Hilby Street City of Seaside Residential 1,649 1949 1 18 1583 Del Monte Blvd 1583 Del Monte Blvd City of Seaside Industrial Office 1,392 1978 1 19 1579 Del Monte Blvd 1579 Del Monte Blvd City of Seaside Office Space 956 1956 1 20 Well House #1 Broadway Ave/Marietta Str Public Works/Engg. City of Seaside Well house - Well inactive 600 Not Available 1 21 Well House #3 1761 Juarez Street Public Works/Engg. City of Seaside Well house - Well inactive 150 Not Available 1 22 Well House #4 1761 Juarez Street Public Works/Engg. City of Seaside Well house 375 Not Available 1 23 Tank Site Building F Skyview Dr Public Works/Engg. City of Seaside Tank site building 100 Not Available 1 105,256
Redevelopment Agency

FACILITY ADDRESS OCCUPANT/
DEPARTMENT Owner USE

APPROXIMATE
SQUARE

FOOTAGE

AGE FLOORS
1372 Canyon Del Rey house 1372 Canyon Del Rey Blvd Redevelopment Agency Residential 640 1934 1 1380 Canyon del Rey house 1380 Canyon Del Rey Blvd Redevelopment Agency Residential 704 1934 1 City of Seaside - Leased

FACILITY ADDRESS OCCUPANT/
DEPARTMENT Owner USE

APPROXIMATE
SQUARE

FOOTAGE

AGE FLOORS
Seaside Creates 656 Broadway Ave Community & Economic DevelopmCity of Seaside - Leased Office spaces, bathroom, kitchen 3276 1956 1 Family & Community Support Center 775 Kimball Ave, Suite 102 Family & Community Support City of Seaside - Leased Office spaces, bathroom TBD 1963 1 Packet Page 103

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.C.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: April 6, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL

SERVICE AGREEMENT WITH WALLACE GROUP FOR DESIGN,

CONSTRUCTION MANAGEMENT, AND INSPECTION SERVICES

FOR THE BIKE SAFE GRATES PROJECT FOR AN AMOUNT NOT
TO EXCEED $196,626.00

RECOMMENDATION
Adopt a resolution authorizing a Professional Services Agreement with Wallace Group to design and provide construction management and inspection services for the Bike Safe Grates Project for an amount not to exceed $196,626.00.

BACKGROUND
The City of Seaside is a member of Cal-JPIA which is an Insurance Joint Powers Authority. In response to a request by Cal-JPIA, the City Council adopted a Performance Improvement Plan (PIP) in 2015. Included within the PIP was a safety enhancement project to retrofit existing storm drain grates with new bicycle-safe grates.

The City’s storm drain system was installed over many decades, resulting in an unknown number of different makes and sizes of catch basins and drain inlets. The City contracted with the Wallace Group (Wallace) in 2016 to conduct an inventory and assessment of storm drain catch basins and drain inlets within the city limits. The survey identified 368 grates that require replacement or upgrade to make them bicycle safe. In 2018, the City contracted with Phoenix Iron Works to fabricate the required grates, and with the Don Chapin Company to install the bike safe replacement grates.

Those contracts addressed all of the storm drain inlets with standard configurations.

The city staff has identified 41 remaining storm drain inlets in the system that have irregular shapes, sizes or configurations. Replacing these will require site specific Packet Page 104

Item No. 8.C. Page 2 of 2
installation details and methods. Wallace Group has provided a proposal to design these replacements and to provide the construction management and inspection services.

Staff has reviewed the proposal and found it acceptable. The design effort will take two to three months, so the construction contract will be advertised for bidding in the first quarter of FY 2023/24.

Staff recommends adopting a resolution authorizing the City Manager to execute a Professional Services Agreement (PSA) with Wallace Group for an amount not to exceed $196,626 for design, construction management and inspection services for the Bike Safe Grates Project.

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

FISCAL IMPACT
The Professional Services Agreement for Wallace Group to perform construction management and inspection services is for a not to exceed amount of $196,626.00. A 10% contingency adds $19,663.00 for a total of $216,289.00 for design, construction management and inspection services. The adopted fiscal year 2022/2023 budget for the Bike Safe Grates project is $500,000.00, which is sufficient to cover this PSA.

ATTACHMENTS

1. Resolution

2. Professional Services Agreement
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH WALLACE

GROUP TO DESIGN AND PROVIDE CONSTRUCTION MANAGEMENT AND

INSPECTION SERVICES FOR THE BIKE SAFE GRATES PROJECT FOR AN AMOUNT NOT TO EXCEED $196,626.00
WHEREAS, on September 3, 2015, at the request of Cal-JPIA, the City Council adopted a Performance Improvement Plan (PIP) to address potential liabilities that could adversely impact the City’s insurance pool;
WHEREAS, the PIP included a safety enhancement project to retrofit storm drain grates to make them bicycle safe; and
WHEREAS, the City replaced 368 storm drain grates with bicycle safe grates in fiscal years 2019/2020 and 2020/2021; and
WHEREAS, the Bike Safe Grates Project (Project) to address the remaining 41 grates that are in non-standard configurations is adopted in the fiscal year 2022/2023 Capital Improvement Program (CIP) annual budget; and
WHEREAS, the project requires site specific designs due to the non-standard grate configurations; and
WHEREAS, the project requires daily inspections, support to review submittals and respond to request for information submitted by the contractor during construction and the city does not have the staffing resources to support this project; and WHEREAS, Wallace Group (Wallace) is on the City approved list of design consultants to perform professional and technical services for implementation of the CIP; and
WHEREAS, Wallace designed and provided construction management for the earlier bike safe grates replacements; and
WHEREAS, Wallace submitted a proposal to provide design, construction support and inspection services for the Bike Safe Grates Project from pre-construction through project closeout in the amount of $196,626.00; and
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WHEREAS, Staff has determined the proposed scope of work and budget are reasonable and within the approved budget; and
WHEREAS, an amount of $19,663.00 contingency, 10% of the contract value, should be authorized on an as required basis; and
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute a Professional Services Agreement with Wallace Group to provide design, construction management and inspection services for the Bike Safe Grates Project for an amount not to exceed $196,626.00 and written amendments such that the total Agreement does not exceed $216,289.00.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 6th day of April 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

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

DESIGN PROFESSIONAL SERVICE AGREEMENT
BIKE SAFE GRATES – PHASE 2 DESIGN AND CONSTRUCTION

MANAGEMENT
THIS AGREEMENT, is made and effective ____________________, between the City of Seaside, a municipal corporation ("Agency") and the Wallace Group, a California 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 _____________, 2023 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2024, unless sooner terminated pursuant to the provisions of this Agreement.

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

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5. PAYMENT
(a) The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed one hundred ninety six thousand and six hundred and twenty six Dollars ($196, 626.00) 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 Packet Page 109
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termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 3.

7. DEFAULT OF CONSULTANT
(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.

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 Packet Page 110
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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 written request by the Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
(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.

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

Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by Agency in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the Agency.
(b) For All Other Liabilities
Notwithstanding the foregoing and without diminishing any rights of Agency under Section 9.A, for any liability, claim, demand, allegation against Agency arising out of, related to, or pertaining to any act or omission of Consultant, 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 Packet Page 111
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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 B attached to and part of this Agreement.

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

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 Packet Page 112
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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.

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.

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

To Agency: __City of Seaside__________
__440 Harcourt Ave________
__Seaside, CA 93955_______
Attention: City Clerk
To Consultant: Wallace Group
612 Clarion Court
San Luis Obispo, California 93401
Att: Kari E. Wagner. PE_

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

Rick Riedl may use assistants, under its direct supervision, to perform some of the services under this Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of Rick Riedl from Consultant's employ. Should he/she leave Consultant's employ, the Agency shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period.

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

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

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

Consultant shall perform as described in Exhibit A.

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

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
(Signatures on next page)
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CONSULTANT: Wallace Group________
A California Corporation
By: ______________________________ Date:_________________ Kari E. Wagner, Principal, PE 66026
City of Seaside_______________________
A Municipal Corporation
______________________________ Date:_________________
Jaime M. Fontes, City Manager
Attachments: Exhibit A Scope of Work & Fee Schedule
Exhibit B Insurance Requirements
Exhibit C RFQ: On-Call Consultants – Engineering Services Exhibit D Resolution 22-62 On-Call Services
March 20, 2023
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EXHIBIT A

SCOPE OF WORK
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March 2, 2023
Nisha Patel
City of Seaside
440 Harcourt Ave
Seaside, CA 93955
Via email: [email protected]
Subject: Bike Safe Grates – Phase 2 Design and Construction Management Dear Ms. Patel:

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

PROJECT UNDERSTANDING
The City of Seaside currently contains a mixture of bicycle safe and non-bicycle safe storm drain grates. The City identified a total of 523 grates of which 368 were classified as not bicycle safe. The City has replaced most of the unsafe grates with bicycle safe grates.

However, forty-one (41) grates were not replaced because they are a non-standard design that would require additional design work to replace the grate. The goal of this project is to replace the remaining 41 unsafe storm grates within the city and design bicycle safe grates that will take their place.

Wallace Group assisted the City in identifying and replacing the storm drain grates described above. As part of this work, Wallace Group conducted a field survey and created an ArcGIS database noting the condition of the grates. This proposal is based upon our understanding of the work completed to date.

SCOPE OF SERVICES
Based upon our understanding, the proposed tasks to be performed by Wallace Group are outlined below.

Task 1.0: Project Management and Meetings
Subtask 1.1 Project Management
This task includes day-to-day coordination of project activities, including scheduling and budget controls, staffing needs and coordination, City coordination, monthly status updates and reporting, and other related project management activities. This effort is based on the schedule duration of ten (10) months.

Subtask 1.2 Kick-off Meeting
We will coordinate and attend a kick-off conference call or on-site meeting with key Wallace Group and City team members. We will prepare a meeting agenda and minutes for this meeting. This meeting will focus on the project objectives, scope of services, schedule, deliverables, and other components of the project so that the project direction is well defined. We request that any items that may be of importance for the completion of the report be provided to Wallace Group at the time of the kick-off meeting. For example, any additional work performed by the City since April 2021 to upgrade or modify the storm drain grates is required.

EXHIBIT A
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Following the kick-off meeting, Wallace Group will conduct a site visit to review the proposed scope of work. The site visit would be coordinated with city engineering staff to allow the city’s project manager to attend the site visit, if necessary. The preferred timing of the site visit would be immediately following the kick-off meeting.

Subtask 1.3 Project Meetings
Besides the project kick off meeting, we will coordinate and attend up to three (3) additional project conference calls with key Wallace Group and City team members. We will prepare a meeting agenda and minutes for the following meetings.

1. 50% Progress (see Subtask 2.2, below)

2. 90% Construction Documents Review (see Subtask 2.3, below)

3. Meeting to discuss next steps
This task includes preparation for and attendance of up to three (3) 1-hour conference calls and one meeting at the City followed by a site visit. The onsite kickoff meeting and the site visit (see Subtask 2.1, Field Review and Update Database, below) are expected to be completed within two (2) and four (4) hours, respectively.

Task 1 Deliverables:
 Meeting Agendas (PDF only)
 Meeting Minutes (PDF only)
Task 2: Preparation of Construction Contract Documents
Wallace Group will prepare and complete three (3) design deliverable packages of Construction Contract Documents consisting of 50%, 90%, and Final Plans, Specifications, and Engineer’s Opinion of Probable Construction Cost (PS&E) Sets. Our goal for preparing the PS&E packages is to keep the plan set simple by developing up to three (3) standard details that will encompass the retrofits needed for all of the remaining catch basin replacements.

We will utilize the ArcGIS database to create maps showing the locations of the grates to be modified and the retrofit detail. We will use the City’s boiler plate front end documents and will prepare technical specifications in CSI format. The three (3) design deliverables would be on 24-inch by 36-inch sheets and are defined below.

Subtask 2.1 Field Review and Update Database
Wallace Group will conduct a site visit to review some of the grates to confirm and update, if necessary, information provided in the database. This effort is based on completing the onsite visit in 4 hours.

Subtask 2.2 50% Design Documents
The 50% design documents will show the proposed grate replacements on a maximum of three standard details. The grate locations will be shown on atlas maps. Profiles and traffic control plans will not be provided. The plan set would be in 24 by 36-inch format and would include the following:

1. Cover Sheet including Key Map, Vicinity Map, Table of Grates, Sheet Index, General and Construction Notes (1 sheet maximum).

2. Map showing locations of grates (2 sheets maximum)

3. Details Sheet (1 sheet maximum)

4. Draft Front-End Specifications (modified for this project from City’s Boiler Plate Front End Specifications)

5. Draft Technical Specifications (Reflective of 50% Design)

6. Draft Engineer’s Opinion of Probable Construction Costs (EOPCC) Packet Page 119
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Subtask 2.3 90% Design Documents
The 90% design documents will supplement the 50% design documents. The 90% design documents will incorporate one round of comments from city staff and show the proposed grate replacements on the sheets specified for the 50% submittal, above.

Subtask 2.4 Final Construction Documents
The final construction documents will supplement the 90% design documents. The final documents will incorporate one round of comments from city staff and show the proposed grate replacements on the sheets specified for the 50% submittal, above.

Deliverables:
 Plans (50%, 90%, and final)
 Specifications (50%, 90%, and final)
 Engineer’s Opinion of Probable Construction Costs (50%, 90%, and final) All deliverables will be submitted electronically in Adobe PDF document format only.

Task 3: Bid Phase and Engineering Services During Construction Wallace Group will provide professional engineering support during bidding and construction as outlined below.

Subtask 3.1 Bid Phase Services
Wallace Group will organize one pre-bid conference, prepare agenda and minutes, and sign in sheet. We assume that the City will prepare the bid notice for advertisement in local newspaper and maintain the plan holders list. Wallace Group will be available to receive, review, and respond to requests for information (RFIs) during the bidding phase of the Project. These responses will be issued to plan holders and potentials bidders in the form of an addendum. It should be anticipated that two (2) formal addenda may be issued during the subject bidding phase services. We have allocated 30 hours to support the bid phase.

Deliverables:
 Up to two (2) addenda in response to RFIs submitted electronically in Adobe PDF format Subtask 3.2 Submittal/Shop Drawing Review
Wallace Group will review submittals for materials or processes for technical conformance with the contract documents. We will also review shop drawings for items specified in the technical specifications as well as vendor/supplier information, as relevant to the technical specifications. We have budgeted 60 hours for reviewing and providing comments to contractor submittals under this task. This would provide for one initial review for the 41 storm drain inlets and re-review of up to half of these submittals.

Deliverables
• Review and provide comments on Contractor Submittals through Procore.

Subtask 3.3 Request for Information/Clarification (RFI/RFC) Wallace Group will review RFI's and RFC's for technical conformance and prepare a response to the Contractor. RFI and RFC's that have potential impacts on cost will be coordinated closely with the City prior to issuing a response. We have budgeted 20 hours for reviewing and providing comments to RFIs/RFCs under this task.

Deliverables
• Review and provide comments on Contractor’s RFIs/RFCs through Procore.

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Subtask 3.4 Coordination and Compliance with Stakeholders Wallace Group will coordinate design requirements with governmental entities and agencies, private utilities, and all other parties either involved in infrastructure improvements or otherwise affected by the design of this Project. Wallace Group has allocated 10 hours to coordinate with stakeholders.

Deliverables:
 Electronic copies of correspondences
Subtask 3.5 Record Drawings & Field Observations
Wallace Group will incorporate the Contractor's markups of the construction drawings into record drawings. Up to two (2) field inspections are anticipated during the project to observe project conditions. We have budgeted up to 4 hours for each field visit and 40 hours for record drawings preparation.

Deliverables
• One (1) set record drawings in Adobe PDF format.

Task 4: Construction Management & Inspection: Pre-Construction Services Following receipt of the bids, Wallace Group’s Construction Management will assist the City with getting the project kicked off by establishing communication channels, scheduling the Pre-Construction/Kick Off Meeting, and managing reviews and responses to submittals and RFIs.

Project Communication and Coordination
 Facilitate project communication and coordination with the City, the design team, emergency services, utility providers, property owners, the Contractor, and other stakeholders
 Perform kick off meeting with the City to introduce project team members, establish working relationships, and discuss key project components  Act as the point of contact for community members to contact with project concerns and work with the stakeholders to address these concerns in a timely manner  Review contractors proposed notifications to property owners and other stakeholders effected
Procore: Construction Management Software
 Utilize Procore software for the project to handle all project documentation (RFIs, Submittals, Inspector Logs, Progress Payments, Photos, etc.) in a single, easy to use location
 Provide introduction to City staff if unfamiliar with the software  Distribute project information via Procore to the Project Team Pre-Construction Meeting
 Review plans, specifications, environmental documents, Engineer’s Estimate, and the Contractor’s completed bid form
 Pre-Construction Conference - Prepare agenda, schedule, and facilitate the meeting and issue minutes, with input from the City’s Representative and other project stakeholders  Review, comment, and accept the Contractor’s baseline project schedule  Review existing conditions and site constraints
 We have assumed a total of 12 hours for this item.

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Pre-Construction Photo and Video Documentation
 Collect pre-construction photos and videos of project site and adjacent areas just prior to the start of construction
 Each photo will record the date and time
 Photos will be collected and maintained in Procore, available to the project team throughout construction, and included in the project close out documentation  We have assumed a total of 8 hours for this item.

Submittal and Request for Information (RFI) Management
 Utilize Procore to track and review submittals and RFI’s from Contractor in coordination with the Engineer of Record
 Assist contractor and design engineer in establishment of list of required submittals based on the plans and specifications
 Process RFIs and submittals in a timely manner and make available to project team  Develop and maintain Submittal and RFI logs for easy reference and tracking to assure  Maintain electronic copies within Procore. Paper or emailed copies can be provided as requested.
 We have assumed a total of 12 submittals and 10 RFIs
Task 5: Construction Management & Inspection: Construction Services Based on the description above of 41 storm drain inlets to be replaced, we have assumed a construction duration 60 working days for the Contractor to complete the work. We have assumed an average of 5 hours/day of field construction inspection time and note that this time will be dependent on construction activity and adjusted as required. We have also included 10 working days at 10 hours per day for the Contractor to restore AC paving.

Since this project has not yet been designed and a construction duration established, Wallace Group reserves the right to reevaluate the construction management and inspection portion of this proposal once a finalized design has been completed.

Project Schedule & Weekly Construction Meeting
 Monitor overall project progress with respect to accepted Baseline Schedule  Review Contractors 3-Week Look Ahead Schedule and assist with forecasting and coordinate scheduling of testing and inspections
 Keep stakeholders informed of the construction schedule  Weekly Progress Meetings - Schedule, develop agenda, and minutes for meeting with Contractor, Construction Management Team, City staff, Design Team, and other necessary entities
Change Order Management
 Review and qualify Contractor requested change orders, including review of scope of work, proposed quantities, labor rates, and contractors mark up  Provide change orders for City’s review and acceptance prior to work taking place  Establish and maintain files and documentation for use in change negotiations or potential claims
Quantity Calculations and Progress Estimates
 Maintain quantity calculations throughout the project  Coordinate daily reports and quantities with the Contractor  Review monthly Request for Payment and recommend approval for payment to the City  Collect delivery and materials tickets for project record Packet Page 122
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Construction Observation/Inspection
 Provide onsite inspection and oversight during construction, hours/level of inspection to depend on construction activity phase
 Prepare inspection reports, including tracking labor, equipment, weather, observations/notes, quantities, and photos. Daily reports to be made available to the City’s Designated Representative via Procore or in PDF format  Wallace Group Inspections and oversight include:
o Traffic control implementation
o Review of Contractors BMPs for general stormwater compliance o Storm drain inlet removal and replacements
o Materials and Material Delivery
 Assist with coordination of the following:
o City’s material testing consultant
o City Staff for select inspection items as requested
 Report to the City when work is performed that is unsatisfactory, faulty, or does not conform to the Contract documents and advise on how the work should be remedied  Inspector will help to coordinate notification of local agencies or other City Departments  Review compliance with contract documents
 Record and report design modifications
 Review Contractor’s survey work and layout for general conformance Materials Testing & Quality Assurance
 Review material and quality control plan submittals are in conformance with project plans and specifications
 Observe compaction of HMA paving operations or PCC placement for overall quality and final product (we have budgeted for 10 days of paving at 10 hours/day) Site Documentation
 Maintain photographic and written documentation throughout the project in Procore and available to the entire team at all times
Stormwater Compliance and Permits
 Monitor stormwater protection measures throughout the project to assure Contractor’s compliance with the Contract
Safety
 Monitor Contractor’s safety practices for compliance with safety program  Utilize the following documents during field safety monitoring program:
o CAL-OSHA Construction safety orders
o Traffic Control Plan
o Contractor’s safety plan
 Work with the Contractor to resolve safety concerns on site  Advise City of observed or unresolved deficiencies
Task 6: Construction Management & Inspection: Post-Construction Services Final Inspection and Punch List
 Observe complete and near complete work for deficiencies  Establish and maintain punch list and track items to resolution  Recommend and approve final payment to the Contractor  Assist with the preparation and signing of the Acknowledgement of Construction Closeout and Release of Claims form
 Prepare Notice of Completion and send to City’s Designated Representative Packet Page 123
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As-Built Drawings
 Review as-built drawings with the Contractor throughout the project Assist City and Design Engineer in review and completion of final certified record drawings

Project Closeout
 Assemble and deliver all records, reports, certificates, pictures upon project completion  Files can be delivered in hard copy and/or electronic format (PDF), as requested

SCHEDULE
We will begin coordinating work within 2 weeks of authorization to start. The first order of business would be to schedule a kick-off meeting with city staff and conduct a site visit outlined above. The 50% documents submittal would be submitted within 6 weeks of the kickoff meeting.

TO BE PROVIDED BY THE CLIENT
 As-built drawings, if any
 CEQA Documentation
 Client shall provide the DIR Project Number for this project. To do so, the Client will need to complete the PWC-100 form and submit to the DIR prior to the commencement of the field survey. This is required to be in compliance with State of California Prevailing Wage laws.

ITEMS NOT INCLUDED IN SCOPE OF SERVICES
The following services may also benefit your project. Wallace Group can provide these services, directly or through sub-consultants, however, they are not included in the current Scope of Services or estimate of fees:
 CEQA Compliance documentation
 Topographic survey
 Right-of-way survey and/or title research
 Storm Water Pollution Prevention Plan (SWPPP)
 Design for ADA compliance, such as sidewalks and curb ramps  Design for utilities, such as rerouting storm drain piping or adjacent underground utilities  Temporary construction areas or temporary construction easements  Preparation of Legal Descriptions/Easements, excepting draft TCEs for private property  Materials testing
 Maintain plan holders’ list
 Prepare bid notice for advertisement in local newspaper, distribute bid documents to local plan rooms
 Conduct public bid opening
 Compaction Testing (backfill will be specified as cement-sand slurry and HMA compaction will be by the Method method).
 Permits and permit fees
 Public Meetings
 Utility locating
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PROJECT FEES
Wallace Group will perform the services denoted in the proposed Scope of Services outlined above in accordance with the attached Standard Billing Rates (Exhibit A). These services will be invoiced monthly on an accrued cost basis, and our total fees, including reimbursables will not exceed our estimated fee of $196,626 without receiving written authorization from the Client (Exhibit C).

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

TERMS AND CONDITIONS
In order to convey a clear understanding of the matters related to our mutual responsibilities regarding this proposal, the attached Standard Terms and Conditions (Exhibit B) are considered a part of our proposal agreement. If this proposal meets with your approval, please sign where indicated and return to our office, which will serve as our notice-toproceed.

We want to thank you for this opportunity to present our proposal for design services. If you would like to discuss this proposal in greater detail, please feel free to contact me or Project Manager, Rick Riedl.

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

Kari E. Wagner, PE C66026 ____________________________________ Principal Signature
612 Clarion Court ____________________________________
San Luis Obispo Printed Name
California 93401 ____________________________________
T 805 544-4011 Title
F 805 544-4294 ____________________________________
www.wallacegroup.us Date
Attachments
GGM: PP22-7624, 2022, std
Exhibit A
Exhibit B
Exhibit C
THIS PROPOSAL IS VALID FOR 60 DAYS FROM THE DATE OF THIS DOCUMENT.

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Exhibit A
Standard Billing Rates
Engineering, Design & Support Services:

Assistant Designer/Technician ......................................... $110 Designer/Technician I – IV .............................................. $115/$125/$135/$145 Senior Designer/Technician I – III ...................................... $158/$165/$172 GIS Technical Specialist ................................................. $150 Senior GIS Technical Specialist ........................................ $160 Associate Engineer I – III ................................................ $130/$$140/$150 Engineer I – IV ............................................................. $160/$165/$170/$175 Senior Engineer I - III .................................................... $185/$190/$195 Director .................................................................... $200 Principal Engineer/Consulting Engineer .............................. $240 Principal ................................................................... $260 Surveying Services: Prevailing Wage*
Party Chief ................................................................ $175 ................................ $225 Instrument Person ........................................................ $115 ................................ $145 Associate Survey Technician ........................................... $110 Survey Technician I – IV ................................................. $130/$135/$145/$150 Land Surveyor I – III ...................................................... $155/$165/$175 Senior Land Surveyor I - III .............................................. $180/$185/$190 Director .................................................................... $200 Principal Surveyor ........................................................ $240 Principal ................................................................... $260 Support Services:

Office Assistant ........................................................... $100 Project Assistant I – III ................................................... $110/$115/$125 *Prevailing Wage:

State established prevailing wage rates will apply to some services based on state law, prevailing wage rates are subject to change over time and geographic location.

Right to Revisions:

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

Additional Professional Services:

Fees for expert witness preparation, testimony, court appearances, or depositions will be billed at the rate of $400 an hour. If required to meet schedule requests, overtime on a project will be billed at 1.5 times the employee’s typical hourly rate.

Direct Expenses:

Direct expenses will be invoiced to the client and a handling charge of 15% may be added.

Sample direct expenses include, but are not limited to the following:
 travel expenses  sub-consultant services  agency fees  delivery/copy services  mileage (per IRS rates)  other direct expenses Invoicing and Interest Charges:

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

WALLACE GROUP 1
2022 Standard Billing Rates
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Exhibit B
Standard Terms and Conditions
Wallace Group Proposal No. PP22-7714
Contract Agreement Date: March 2, 2023
CLIENT: CITY OF SEASIDE
440 Harcourt Avenue, Seaside, California 93955
CONSULTANT: WALLACE GROUP, A CALIFORNIA CORPORATION
612 Clarion Court, San Luis Obispo, California 93401
CLIENT and CONSULTANT agree that these Standard Terms and Conditions, comprised of pages 1 through 6, and the associated written Scope of Services and budget constitute the entire Agreement between the CLIENT and the CONSULTANT.

It supersedes all prior communications, understandings and agreements, whether oral or written. Amendments to this Agreement must be in writing and signed by both the CLIENT and the CONSULTANT.

ARTICLE 1. GENERAL PROVISIONS

1.1 Preamble
This Agreement is based upon a mutual obligation of good faith and fair dealing between the parties in its performance and enforcement. Accordingly, the CLIENT and the CONSULTANT, with a positive commitment to honesty and integrity, agree to the following:

That each will function within the laws and statutes that apply to its duties and responsibilities; that each will assist in the other’s performance; that each will avoid hindering the other’s performance; that each will work diligently to fulfill its obligations; and each will cooperate in the common endeavor of the contract.

1.2 Governing Law and Jurisdiction
The CLIENT and the CONSULTANT agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of California. It is further agreed that any legal action between the CLIENT and the CONSULTANT arising out of this Agreement or the performance of the services shall be brought in a court of competent jurisdiction in San Luis Obispo, California.

1.3 Precedence of Conditions
Should any conflict exist between the terms herein and the form of any purchase order or confirmation issued, the Terms and Conditions herein shall prevail in the absence of CONSULTANT’S express written consent of others conditions.

1.4 Standard of Care
In providing services under this Agreement, the CONSULTANT will endeavor to perform said services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances.

1.5 Corporate Protection
It is intended by the parties to this Agreement that the CONSULTANT’S services in connection with the Project shall not subject the CONSULTANT’S individual employees, officers or directors to any personal legal exposure for the risks associated with this Project. Therefore, and notwithstanding anything to the contrary contained herein, the CLIENT agrees that as the CLIENT’S sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against the CONSULTANT, a California corporation, and not against any of the CONSULTANT’S individual employees, officers or directors.

1.6 Confidentiality
The CONSULTANT agrees to keep confidential and not to disclose to any person or entity, other than the CONSULTANT’S employees, Subconsultants and the general Contractor and Subcontractors, if appropriate, any data or information not previously known to and generated by the CONSULTANT or furnished to the CONSULTANT and marked CONFIDENTIAL by the CLIENT. These provisions shall not apply to information in whatever form that is in the public domain, nor shall it restrict the CONSULTANT from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other legitimate authority, or if disclosure is reasonably necessary for the CONSULTANT to defend itself from any legal action or claim.

1.7 Third-Party Beneficiaries
Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the CONSULTANT. The CONSULTANT’S services under this Agreement are being performed solely for the CLIENT’S benefit, and no other party or entity shall have any claim against the CONSULTANT because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and CONSULTANT agree to require a similar provision in all contracts with Contractors, Subcontractors, Subconsultants, vendors and other entities involved in this Project to carry out the intent of this provision.

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1.8 Timeliness of Performance
The CLIENT and CONSULTANT are aware that many factors outside the CONSULTANT’S control may affect the CONSULTANT’S ability to complete the services to be provided under this Agreement. The CONSULTANT will perform these services with reasonable diligence and expediency consistent with sound professional practices.

1.9 Severability
Any term or provision of this Agreement found to be invalid under any applicable statute or rule of law shall be deemed omitted and the remainder of this Agreement shall remain in full force and effect.

1.10 Survival
Notwithstanding completion or termination of this Agreement for any reason, all rights, duties and obligations of the parties to this Agreement shall survive such completion or termination and remain in full force and effect until fulfilled.

1.11 Statutes of Repose and Limitation
All legal causes of action between the parties to this Agreement shall accrue and any applicable statutes of repose or limitation shall begin to run not later than the date of Substantial Completion. If the act or failure to act complained of occurs after the date of Substantial Completion, then the date of final completion shall be used, but in no event shall any statute of repose or limitation begin to run any later than the date the CONSULTANT’S services are completed or terminated.

1.12 Defects in Service
The CLIENT shall promptly report to the CONSULTANT any defects or suspected defects in the CONSULTANT’S services of which the CLIENT becomes aware, so that the CONSULTANT may take measures to minimize the consequences of such a defect. The CLIENT further agrees to impose a similar notification requirement on all Contractors in its CLIENT/Contractor contract and shall require all subcontracts at any level to contain a like requirement. Failure by the CLIENT and the CLIENT’S Contractors or Subcontractors to notify the CONSULTANT shall relieve the CONSULTANT of the costs or remedying the defects above the sum such remedy would have cost had prompt notification been given when such defects were first discovered.

1.13 Jobsite Safety
Neither the professional activities of the CONSULTANT, nor the presence of the CONSULTANT or its employees or Subconsultants at a construction/project site, shall relieve the General Contractor of its obligations, duties and responsibilities including, but not limited to, constructions means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the Work in accordance with contract documents and any health or safety precautions required by any regulatory agencies. The CONSULTANT and its personnel have no authority to exercise any control over any construction Contractor or its employees in connection with their work or any health or safety programs or procedures. The CLIENT agrees that the General Contractor shall be solely responsible for jobsite safety, and warrants that this intent shall be carried out in the CLIENT’S contract with the General Contractor. The CLIENT also agrees that the CLIENT, the CONSULTANT and the CONSULTANT’S Subconsultants shall be indemnified by the General Contractor and shall be made additional insured under the General Contractor’s policies of general liability insurance.

1.14 Assignment: Subcontracting
Neither CLIENT nor CONSULTANT shall assign its interest in this agreement without the written consent of the other.

CONSULTANT may not subcontract any portion of the work to be performed hereunder without such consent.

1.15 Force Majeure
Any delay or default in the performance of any obligation of CONSULTANT under this agreement resulting from any cause(s) beyond CONSULTANT'S reasonable control shall not be deemed a breach of this agreement. The occurrence of any such event shall suspend the obligations of CONSULTANT as long as performance is delayed or prevented thereby, and the fees due hereunder shall be equitably adjusted.

1.16 Disputes
(a) Not withstanding any other provision of this Agreement and except for the provisions of (b) and (c), if a dispute arises regarding CONSULTANT'S fees pursuant to this contract, and if the fee dispute cannot be settled by discussions between CLIENT and CONSULTANT, both the CLIENT and CONSULTANT agree to attempt to settle the fee dispute by mediation through the American Arbitration Association (or other mediation service) before recourse to arbitration. If mediation does not resolve the fee dispute, such dispute shall be settled by binding arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof.
(b) Subdivision (a) does not preclude or limit CONSULTANT’S right to elect to file an action for collection of fees if the amount in dispute is within the jurisdiction of the small claims court. (c) Subdivision (a) does not preclude or limit CONSULTANT’S right to elect to perfect or enforce applicable mechanics lien remedies.

1.17 Attorneys’ Fees
In the event of any litigation arising from or related to this Agreement or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorneys’ fees and all other related expenses in such litigation.

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1.18 Services by CLIENT
CLIENT shall pay all other charges not specifically covered by the terms of this agreement, unless specifically included in the Scope of Services. The CLIENT shall furnish, at the CLIENT’S expense, all information required by this Agreement. The CONSULTANT may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof.

1.19 Retention
If any portion of CONSULTANT’S fee is held in retention, such amount shall be released within thirty days after invoicing for completion of corresponding services. Interest shall be paid at the rate of 1.5% per month on any retention amounts not paid within this thirty-day period.

ARTICLE 2. DEFINITIONS

2.1 Burdened Labor Costs
Burdened labor costs shown on the Standard Billing Rates include payroll taxes, worker’s compensation insurance, and other overhead costs applicable to the typical standard of care.

2.2 Direct Expenses
Expenditures made by the CONSULTANT, its employees or its Subconsultants in the interest of the Project. Applicable reimbursable direct expenses are defined on the Standard Billing Rates.

ARTICLE 3. COMPENSATION

3.1 Payment Due
Invoices shall be submitted by the CONSULTANT monthly, are due upon presentation and shall be considered past due if not paid in full within thirty (30) days of the invoice date.

3.2 Interest
If payment in full is not received by the CONSULTANT within thirty (30) calendar days of the invoice date, the invoices shall bear interest at one-and-one-half (1.5) percent (or the maximum rate allowable by law, whichever is less) of the past due amount per month, which shall be calculated from the invoice due date. Payment thereafter shall first be applied to accrued interest and then to the unpaid principal.

3.3 Collection Costs
If the CLIENT fails to make payments when due and the CONSULTANT incurs any costs in order to collect overdue sums from the CLIENT, the CLIENT agrees that all such collection costs incurred shall immediately become due and payable to the CONSULTANT. Collection costs shall include, without limitation, legal fees, collection agency fees and expenses, court costs, collection bonds and reasonable CONSULTANT staff costs at Standard Billing Rates for the CONSULTANT’S time spent in efforts to collect. This obligation of the CLIENT to pay the CONSULTANT’S collection costs shall survive the term of this Agreement or any earlier termination by either party.

3.4 Termination or Suspension of Services
This agreement may be terminated or suspended by either party effective seven (7) days from the date of written notice, or if the CLIENT suspends the work for three (3) months. Upon receipt of a notice of termination or suspension, CONSULTANT will stop or suspend its work and provide same direction for the work of all its Subcontractors and suppliers. Failure of CLIENT to make payments when due shall be cause for suspension of services or ultimately, termination, unless and until CONSULTANT has been paid in full all amounts due for services, expenses and other approved related charges. CONSULTANT shall have no liability whatsoever to the CLIENT for any costs or damages as a result of such suspension or termination caused by any breach of this Agreement by the CLIENT. Upon payment-in-full by the CLIENT, CONSULTANT shall resume services under this Agreement, and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any reasonable time and expense necessary for the CONSULTANT to resume performance.

3.5 Retention Discounts
Payment of invoices shall not be subject to any discounts or retention by the CLIENT, unless agreed to in writing by the CONSULTANT. Payment to the CONSULTANT for services rendered and expenses incurred shall be due and payable regardless of any subsequent suspension or termination of this Agreement by either party.

3.6 Satisfaction with Services
Payment of any invoice by the CLIENT to the CONSULTANT shall be taken to mean that the CLIENT is satisfied with the CONSULTANT’S services to the date of payment and is not aware of any deficiencies in those services.

3.7 Disputed Invoices
If the CLIENT objects to any portion of any invoice, the CLIENT shall so notify the CONSULTANT in writing within ten (10) days of receipt of the invoice. The CLIENT shall identify in writing the specific cause of the disagreement and the amount in dispute and shall pay that portion of the invoice not in dispute in accordance with the other payment terms of this Agreement. Any dispute over invoiced amounts due which cannot be resolved within thirty (30) calendar days after presentation of invoice by direct negotiation between the parties shall be resolved within forty-five (45) calendar days in Packet Page 129
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accordance with the Dispute Resolution provision of this Agreement. Interest as stated above shall be paid by the CLIENT on all disputed invoice amounts that are subsequently resolved in the CONSULTANT’S favor and shall be calculated on the unpaid balance from the invoice date.

3.8 Payments to the CONSULTANT
Payments to the CONSULTANT shall not be withheld, postponed or made contingent on the construction, completion or success of the project or upon receipt by the CLIENT of offsetting reimbursement or credit from other parties who may have caused additional services or expenses. No withholdings, deductions or offsets shall be made from the CONSULTANT’S compensation for any reason unless the CONSULTANT has been found to be legally liable for such amounts.

3.9 Advance Payment: Withholding Work Product
CONSULTANT reserves the right to require payment in advance for work estimated to be done during a given billing period.

CONSULTANT, without any liability to CLIENT, reserves the right to withhold any services and work products herein contemplated pending payment of CLIENT'S outstanding indebtedness or advance payment as required by CONSULTANT.

Where work is performed on a reimbursable basis, budget may be increased by amendment to complete the Scope of Services. CONSULTANT is not obligated to provide services in excess of the authorized budget.

ARTICLE 4. SERVICES, ADDITIONAL SERVICES, AND AMENDMENTS

4.1 Definitions
Services and work products not expressly included with those specified in this agreement, as determined by CONSULTANT, are not covered by this agreement. Such services and work products will be provided only upon compliance with the procedures set forth in Article 4.5 of this Agreement.

4.2 Services During Construction
Any construction inspection or testing provided by CONSULTANT is for the purpose of determining the Contractor's compliance with the functional provisions of the project specifications only. CONSULTANT in no way guarantees or insures Contractor's work nor assumes responsibility for methods or appliances used by the Contractor for job site safety or for Contractor's compliance with laws and regulations. CLIENT agrees that in accordance with generally accepted construction practices the construction Contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project including safety of all persons and property and that this responsibility shall be continuous and not be limited to normal working hours.

4.3 Soil Testing
CONSULTANT makes no representations concerning soil conditions, and is not responsible for any liability that may arise out of the making or failure to make soil surveys, or sub-surface soil tests, or general soil testing. It is the CLIENT’S responsibility to obtain a soils report upon which report CONSULTANT can rely.

4.4 Opinion of Probable Construction Costs
In providing opinions of probable construction cost, the CLIENT understands that the CONSULTANT has no control over cost or availability of labor, equipment or materials, or over market conditions or the Contractor’s method of pricing, and that the CONSULTANT’S opinions of probable construction costs are made on the basis of the CONSULTANT’S professional judgment and experience. CONSULTANT makes no warranty, express or implied, that bids or negotiated cost of the Work will not vary from the CONSULTANT’S opinion of probable construction cost.

4.5 Additional Services
Additional services or work products requiring an adjustment of CONSULTANT'S original estimated budget or fixed fee will be provided at CLIENT'S request upon execution of a written amendment to this agreement expressly referring to the same and signed by both parties.

ARTICLE 5. TERMINATION OF AGREEMENT

5.1 Due to Default
This agreement may be terminated by either party upon seven (7) days written notice should the other party fail to substantially perform in accordance with this agreement through no fault of the party initiating the termination.

5.2 Without Cause
This agreement may be terminated by CLIENT upon at least fourteen (14) days written notice to CONSULTANT in the event that the project is abandoned.

5.3 Termination Adjustment: Payment
If this agreement is terminated through no fault of the CONSULTANT, CONSULTANT shall be paid for services performed and costs incurred to the termination notice date, including reimbursable expenses due, plus an additional amount not to exceed ten percent (10%) of charges incurred to the termination notice date to cover services to orderly close the work and prepare project files and documentation, plus any additional direct expenses incurred by CONSULTANT including but limited to cancellation fees or charges. CONSULTANT will use reasonable efforts to minimize such additional charges.

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ARTICLE 6. LIMITATION OF LIABILITY: WAIVER: WARRANTY

6.1 Limitation of Liability
In recognition of the relative risks and benefits of the project to both the CLIENT and the CONSULTANT, the risks have been allocated such that the CLIENT agrees, to the fullest extent permitted by law, to limit the liability of the CONSULTANT to the CLIENT for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys’ fees and costs and expert-witness fees and costs, so that the total aggregate liability of the CONSULTANT to the CLIENT shall not exceed $50,000.00, or the CONSULTANT’S total fee for services rendered on this project, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.

6.2 Contractor and Subcontractor Claims
The CLIENT further agrees, to the fullest extent permitted by law, to limit the liability of the CONSULTANT and the CONSULTANT’s officers, directors, partners, employees and Subconsultants to all construction Contractors and Subcontractors on the Project for any and all claims, losses, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys’ fees and costs and expert witness fees and costs, so that the total aggregate liability of the CONSULTANT and the CONSULTANT’s Subconsultants to all those named shall not exceed $50,000.00, or the CONSULTANT’s total fee for services rendered on this Project, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.

6.3 Warranty
CONSULTANT makes no warranty, either express or implied, as to CONSULTANT’S findings, recommendations, specifications, or professional advice, except that the work was performed pursuant to generally accepted standards of practice in effect at the time of performance.

If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to the CONSULTANT are revealed, to the extent that they affect the Scope of Services, compensation, schedule, allocation of risks or other material terms of this Agreement, the CONSULTANT may call for renegotiation of appropriate portions of this Agreement. The CONSULTANT shall notify the CLIENT of the changed conditions necessitating renegotiation, and the CONSULTANT and the CLIENT shall promptly and in good faith enter into renegotiations of this Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the Termination Provision hereof.

If the Scope of Services pursuant to this agreement does not include on-site construction review, construction management, or other construction supervision for this project, or if subsequent to this agreement CLIENT retains other persons or entities to provide such services, CLIENT acknowledges that such services will be performed by others and CLIENT will defend, indemnify and hold CONSULTANT harmless from any and all claims arising from or resulting from the performance of such services by other persons or entities except claims caused by the sole negligence or willful misconduct of CONSULTANT; and from any and all claims arising from or resulting from clarifications, adjustments, modifications, discrepancies or other changes necessary to reflect changed field or other conditions, except claims caused by the sole negligence or willful misconduct of CONSULTANT.

6.4 Interpretation
Limitations on liability, waivers and indemnities in this Agreement are business understandings between the parties and shall apply to all legal theories of recovery, including breach of contract or warranty, breach of fiduciary responsibility, tort (including negligence), strict or statutory liability, or any other cause of action, provided that these limitations on liability, waivers and indemnities will not apply to any losses or damages that may be found by a trier of fact to have been caused by the CONSULTANT’S sole or gross negligence or the CONSULTANT’S willful misconduct. The parties also agree that the CLIENT will not seek damages in excess of the contractually agreed-upon limitations directly or indirectly through suites against other parties who may join the CONSULTANT as a third-party defendant. “Parties” means the CLIENT and the CONSULTANT, and their officers, directors, partners, employees, Subcontractors and Subconsultants.

6.5 Delays
The CLIENT agrees that the CONSULTANT is not responsible for damages arising directly or indirectly from any delays for causes beyond the CONSULTANT’S control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters; fires, riots, war or other emergencies or acts of God; failure of any government agency to act in a timely manner; failure of performance by the CLIENT of the CLIENT’S Contractors or CONSULTANT’S; or discovery of any hazardous substances or differing site conditions.

ARTICLE 7. HAZARDOUS WASTE MATERIALS

7.1 Liability
CONSULTANT hereby states and CLIENT hereby acknowledges that CONSULTANT has no professional liability insurance for claims arising out of the performance of or failure to perform professional services, including, but not limited to the preparation of reports, designs, drawings and specifications, related to the investigation, detection, abatement, replacement, use or specification, or removal of products, materials or processes containing substances including, but not limited to asbestos, toxic or hazardous waste, PCBs, combustible gases and materials, petroleum or radioactive materials (as each of these is defined in applicable federal statues) or any other substances under any conditions and in such quantities as Packet Page 131
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would pose a substantial danger to persons or property exposed to such substances at or near the Project site. Accordingly, the CLIENT hereby agrees to bring no claim for negligence, breach of contract indemnity or otherwise against the CONSULTANT, its principals, employees, and agents if such claim, in any way, would involve the CONSULTANT’S services for the investigation, detection, abatement, replacement, use or specification, or removal of products, materials or processes containing asbestos, asbestos cement pipe, and/or hazardous waste materials. CLIENT further agrees to defend, indemnify and hold harmless CONSULTANT, its officers, directors, principals, employees and agents from any asbestos and/or hazardous waste material related claims that may be brought by third parties as a result of the services provided by the CONSULTANT pursuant to this agreement except claims caused by the sole negligence or willful misconduct of the CONSULTANT.

ARTICLE 8. OWNERSHIP AND REUSE OF DOCUMENTS

8.1 CONSULTANT Ownership
All original papers, documents, drawings, electronic media and other work product of CONSULTANT, and copies thereof, produced by CONSULTANT pursuant to this agreement shall remain the property of CONSULTANT and may be used by CONSULTANT without the consent of CLIENT. Upon request and payment of the costs involved, CLIENT is entitled to a copy of all papers, documents and drawings provided CLIENT'S account is paid current.

8.2 Document Reuse
In the event the CLIENT, the CLIENT’S Contractors or Subcontractors, or anyone for whom the CLIENT is legally liable makes or permits to be made any changes to any reports, plans specifications or other construction documents prepared by the CONSULTANT without obtaining the CONSULTANT’S prior written consent, the CLIENT shall assume full responsibility for the results of such changes. Therefore the CLIENT agrees to waive any claim against the CONSULTANT and to release the CONSULTANT from any liability arising directly or indirectly from such changes. In addition, the CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT from any damages, liabilities or costs, including reasonable attorneys’ fees and costs of defense, arising from such changes. In addition, the CLIENT agrees to include in any contracts for construction appropriate language that prohibits the Contractor or any Subcontractors of any tier from making any changes or modifications to the CONSULTANT’S construction documents without the prior written approval of the CONSULTANT and further requires the Contractor to indemnify both the CONSULTANT and the CLIENT from any liability or cost arising from such changes made without proper authorization.

8.3 Electronic Media Alteration and Reuse
Because CADD information stored in electronic form can be modified by other parties, intentionally or otherwise, without notice or indication of said modifications, CONSULTANT reserves the right to remove all indicia of its ownership and/or involvement in the material from each electronic medium not held in its possession. CLIENT shall retain copies of the work performed by CONSULTANT in CADD form only for information and use by CLIENT for the specific purpose for which CONSULTANT was engaged. Said materials shall not be used by CLIENT, or transferred to any other party, for use in other projects, additions to the current project, or any other purpose for which the material was not strictly intended by CONSULTANT without CONSULTANT'S express written permission. Unauthorized modification or reuse of the materials shall be at CLIENT'S sole risk, and CLIENT agrees to defend, indemnify, and hold CONSULTANT harmless, from all claims, injuries, damages, losses, expenses, and attorney's fees arising out of the unauthorized modification or use of these materials.

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Wallace Group Team Resource Estimate for the
City of Seaside Bike Safe Grates – Phase 2 Design and Construction Management PRINCIPAL PRINCIPAL ENGINEER DIRECTOR ENGINEER II Assistant Resident Engineer CONSTRUCTION INSPECTOR (Prevailing Wage) Misc. Direct Costs TOTAL LABOR HOURS TOTAL PHASE/TASK TASK DESCRIPTION HRS HRS HRS HRS HRS HRS Cost HRS LABOR COST RATE $260 $240 $195 $165 $170 $180 $ $
1 Project Management & Meeting 2 50 25 $350 77 $16,645 $16,995 2 Prepare Construction Documents 60 120 $475 180 $34,200 $34,675 3 Bid Phase & Engineering Services During Construction 80 90 $575 170 $34,050 $34,625 4 Pre-Construction Phase Services 8 48 $219 56 $9,720 $9,939 5 Construction and Inspection Phase Services 8 120 400 $938 528 $93,960 $94,898 6 Post-Construction Phase Services 4 24 $219 28 $4,860 $5,079 SUB-TOTALS 2 190 20 235 192 400 $2,775 1,039 #REF! $196,210 WALLACE GROUP LABOR COSTS $520 $45,600 $3,900 $38,775 $32,640 $72,000 $193,435 WALLACE GROUP DIRECT COSTS $2,775

SUBCONSULTANT DIRECT COSTS
DIRECT COSTS OVERHEAD @ 15% $416.25
TOTAL $196,626
Task Budgets may fluctuate within Overall Budget
Fee Seaside Bike Grates Rev 1.xlsx Summary Page 1 3/2/2023 Exhibit C
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EXHIBIT B

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].

EXHIBIT B
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.

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

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

In the alternative, Agency may cancel this Agreement.

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EXHIBIT B
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.

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 136

EXHIBIT B
endorsement of any kind that has not been first submitted to Agency and approved of in writing.

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REQUEST FOR QUALIFICATIONS

ON-CALL CONSULTANTS - ENGINEERING

FOR CITY OF SEASIDE
Table of Contents
Introduction............................................................................................................................................................ 1 Proposal Requirements........................................................................................................................................... 1 Statement of Qualifications Submittal Requirements........................................................................................... 2 Schedule for Selection Process ............................................................................................................................... 2 Questions Regarding This Project ........................................................................................................................... 3 Form of Agreement ................................................................................................................................................ 3 Evaluation and Rating Criteria................................................................................................................................ 3 PRELIMINARY SCOPE OF SERVICES............................................................................................................... 3 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 Request for Qualifications (RFQs) from qualified consulting firms or individuals to provide On-Call Engineering Services for miscellaneous undetermined projects.

The selected engineering firms may be requested to help with the design of federal, state and locally funded capital improvement projects. The City intends to select multiple consultants for a three-year period, with the option of two (2) one-year extensions through mutual consent between the City and the chosen Consultant(s). Consultants do not need to be able to provide all services described in the “Preliminary Scope of Services,” below. Selection will be based on demonstrated expertise in providing support to the City of Seaside Public Works and Engineering Department.

Proposal Requirements
Statement of Qualifications (SOQ) must be received by 5:00 PM Friday, April 22, 2022 at the following address:

City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
SOQ received after this deadline will not be accepted. Incomplete responses that do not conform to the requirements specified herein will not be considered. The SOQ and any accompanying documents shall be submitted in a sealed envelope with the words “On-Call ConsultantsEngineering” 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.

EXHIBIT C
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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.

2. Brief description and history of the proposed project team and experience of the principal contact. Clearly describe project team member’s experience in work described under “Preliminary Scope of Services". 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’ and project teams experience demonstrating their capabilities and qualifications to perform the assigned task as described in the “Preliminary Scope of Services”. For each individual, provide current professional registrations, related experience, educational background and years of experience with the team.

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 RFQ
Questions Due
Thursday, March 24, 2022
Friday, April 8, 2022
Proposal due
Proposal Ranking
Friday, April 22, 2022
April 24, 2022 – May 20, 2022
Consultant Award (if applicable) Friday, May 27, 2022
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All questions and/or contacts regarding this Request should be directed to:

Patrick Grogan
City of Seaside-Engineering Division
440 Harcourt Avenue
Seaside, CA 93955
E-mail: [email protected] or [email protected] Phone (831) 899-6885
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. Experience and demonstrated ability of the team. – 25 points

2. Appropriate relevant experience and skills of personnel (principals, project managers and other key personnel). – 30 points

3. Prime consultant and sub-consultants experience in providing similar projects. – 15 points

4. Client References. – 10 points

5. Overall quality of the response and conformance with SOQ requirements for content (reference Proposal and Submittal Requirements). – 20 points
SOQs 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.

PRELIMINARY SCOPE OF SERVICES
Consultant is required to provide engineering design and professional services for various projects to be implemented throughout the City. The scope of work under this contract may include but not be limited to the following:

A. Engineering Services
Design, Survey and Geometrics
Pavement Evaluation, Design and Testing
Pavement Management Program Evaluation and Report
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Structural Analysis and Design
Well Design and Rehabilitation
Water System Design and Rehabilitation
Storm Drain System Design and Rehabilitation
Value Engineering
Seismic Evaluations
Construction Phase Services
B. Professional Services
Disabled Accessibility Evaluations and Mitigation
Preliminary Engineering Studies
Technical Studies and Reports
Peer Reviews
Coordination with Other Agencies and Utilities
Constructability and Bidability Reviews
On-Call Services
Staff Augmentation
All materials submitted to the City will become the exclusive property of the City of Seaside.

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 and shall identify the number of hours to be worked and position of each person performing work on a particular proposal. If during actual work the number of hours is increased by more than 20% of the estimate, the consultant shall notify the Project Manager as soon as possible before exceeding the estimated time. The City may elect to reduce the scope of work or may require a revised scope of work to cover the excess time. Work authorization will be issued for each work request. The City shall authorize all consultant quotes for tasks prior to the consultant commencing work. 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 Packet Page 141
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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.

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City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
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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.

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.

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City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 7 - 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 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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EXHIBIT D
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.D.

GRANT FUNDS FROM THE CLEAN CALIFORNIA LOCAL GRANT
PROGRAM FOR CONSTRUCTION OF PART 2, PHASE 2 OF THE

CUTINO PARK IMPROVEMENTS PROJECT

RECOMMENDATION
Adopt a resolution to apply for grant funds from the Clean California Local Grant Program for construction of Part 2, Phase 2 of the Cutino Park Improvement Projects.

BACKGROUND
The Public Works Engineering Division would like to submit a grant application to the Clean California Local Grant Program, administered by Caltrans. Funding from this grant would assist in the construction of Part 2, Phase 2 of the Cutino Park Improvement project in the City of Seaside. The maximum amount that can be requested for a project is $5,000,000.00, and requests under $3,000,000.00 are more competitive. A required local match element is included based on the severity of disadvantage of the community surrounding the project.

Cutino Park is located at the Corner of Noche Buena Street and San Pablo Avenue.

Cutino Park Improvement Part 2, Phase 2 Project includes the construction of a picnic area, a fitness trail, and a fitness area with fitness equipment.

Cutino Park Part 2, Phase 2 Improvement Project is estimated to cost $1,023,000.00.

Grant funds for this phase of the project are 75% of the total cost, $767,000.00, with the remaining 25%, $256,000.00, being the required local match element of the grant.

The City Administrative Policy/Grant Management Policy and Procedures says that grant Packet Page 148

Item No. 8.D. Page 2 of 3
applications equal to or in excess of $10,000.00 are required to be approved by the City Council, per City of Seaside policy. The policy requires that the City Council adopt a resolution approving the filing of the application, certifying the project is consistent with the General Plan City goals and objectives, certifying the applicant has sufficient funds available to operate and maintain the project, and appointing the City Manager as agent for the project. Construction of a picnic area, a fitness trail, and fitness area are consistent with the current General Plan Goal COS-1, provide and maintain a high quality parks and recreation system that meets the varying recreational needs of the community.

The Cutino Park Improvement project is a Capital Improvement Project, and it is consistent with the City’s policy to focus its efforts on securing grants for capital improvements.

Preparation of the application is in process and will be required to be submitted online to Caltrans by April 28, 2023.

Staff recommends Council adopt a resolution approving the application for grant funds from the Clean California Local Grant.

FISCAL IMPACT
The City contracts with California Consulting, Inc. to prepare grant applications.

Although there is no fee for California Consulting to prepare an individual grant application, California Consulting charges the City $4,000.00 per month for their grant preparation services.

If the application is approved, the maximum amount of grant funds for the project is $767,000.00, which is 75% of the estimated project amount of $1,023,000.00.

The City is required to match 25% of the grant funding, and is responsible for any costs above the maximum reimbursable amount of $767,000.00. Assuming that the construction of Cutino Park Improvement Part 2, Phase 2 costs a total of $1,023,000.00, the City would be responsible for $256,000.00. If the Council approves this item tonight, staff will include the project in the FY 2023-24 CIP budget including the $256,000.00 City match.

ATTACHMENTS

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

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Item No. 8.D. Page 3 of 3
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 23 –

A RESOLUTION OF THE CITY OF SEASIDE CITY COUNCIL

ADOPT A RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS

FROM THE CLEAN CALIFORNIA LOCAL GRANT PROGRAM FOR
CONSTRUCTION OF THE CUTINO PARK IMPROVEMENT, PART 2, PHASE 2 PROJECT.

WHEREAS, the Clean California Local Grant Program provides funds from Caltrans to local and non-profit organizations to beautify and clean up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces.; and WHEREAS, Caltrans has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing project application; and
WHEREAS, the City of Seaside’s internal standard operating procedures require all grant applications for amounts of $10,000.00 and above to receive approval from the City Council prior to applying for the grant; and
WHEREAS, Cutino Park Improvement Part 2, Phase 2 Project includes the construction of a picnic area, a fitness trail, and a fitness area with fitness equipment; and
WHEREAS, Cutino Park Part 2, Phase 2 Improvement Project is estimated to cost $1,023,000.00; and
WHEREAS, grant funds for this phase of the project are 75% of the total cost, $767,000.00, with the remaining 25%, $256,000.00, being the required local match element of the grant; and
WHEREAS, if grant funds are awarded, the City will enter into an agreement with Caltrans; and
WHEREAS, Construction of a picnic area, a fitness trail, and fitness area are consistent with the current General Plan Goal COS-1, provide and maintain high quality parks and recreation system that meets the varying recreational needs of the community; and
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside hereby:

1. Approves the filing of an application for the Clean California Local Grant Program; and
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2. Certifies that the delivery of Cutino Park Part 2, Phase 2 Improvement Project is consistent with the General Plan or equivalent planning document; and

3. Certifies that the City has or will have available prior to the commencement of any work on the construction of the Cutino Park Improvement Part 2, Phase 2 project, sufficient funds to operate and maintain the project; and

4. Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents, including, but not limited to Applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the Project.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, duly held on the 6th day of April 2023, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
_______________________________
Ian Oglesby, Mayor
ATTEST:
______________________________
Dominique Davis, City Clerk
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.E.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Patrick Grogan, Associate Engineer
DATE: April 6, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING AN AGREEMENT WITH

MONTEREY-SALINAS TRANSIT (MST) FOR REIMBURSEMENT

OF COSTS TO DELIVER THE NOCHE BUENA STREET MST BUS

STOP (BULB OUT PROJECT), AND AMENDING THE CAPITAL

IMPROVEMENT PROGRAM TO INCLUDE THE PROJECT

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute an agreement with Monterey-Salinas Transit (MST) for reimbursement of construction costs for bus stop improvements at the northwest corner of the intersection of Noche Buena Street and San Pablo Avenue and amending the Capital Improvement Program (CIP) to include the Noche Buena Street MST Bulb Out Project.

BACKGROUND
Monterey-Salinas Transit (MST) is the provider of public transit services throughout Monterey County and operates an extensive network of bus routes through the City of Seaside. In 2021, MST underwent a major planning effort for the Comprehensive Operational Analysis (COA). The COA was adopted by the MST board on February 14, 2022. The planned network changes include the construction of a new bus stop, and the removal of inactive bus stops located within the City of Seaside.

The purpose of the route change is to provide a more direct service and make travel times quicker for riders. On October 20, 2022, the City Council approved a new bus stop to be constructed at the north west corner of the intersection of Noche Buena Street and San Pablo Avenue. The Jazz A route no longer operates on La Salle Avenue, Flores Street, or San Pablo Avenue. This has resulted in several bus stops on those streets becoming inactive. The Jazz A route now travels south bound on Noche Buena Packet Page 153

Item No. 8.E. Page 2 of 3
Street, past the proposed location for the new bus stop.

The proposed bus stop will extend the current bulb outs on Noche Buena Street so that the bus will stop in the travel lane, and preventing vehicles from passing during passenger loading and unloading. The new Jazz A route will travel along Noche Buena Street and eliminate the turning movement from westbound San Pablo Avenue to southbound Noche Buena Street, making it safer for pedestrians to cross Noche Buena Street on the north side of the Noche Buena Street and San Pablo Avenue intersection.

As specified in the reimbursement agreement, MST will reimburse the City for $49,000.00 for all construction costs of the new bus stop, to include design, construction, construction management, and design support during construction. The City would be responsible for all project costs in excess of the MST $49,000.00 limit.

If the proposed bus stop is not installed, the next closest stop would be located at the intersection of Mingo Avenue and Noche Buena Street, approximately 1,200 feet away.

Residents in the vicinity of Cutino Park would have to walk farther to get to a bus stop.

ENVIRONMENTAL COMPLIANCE
Pursuant to preliminary review of the activities associated with this Council action in accordance with Section 15061 of the California Environmental Quality Act (CEQA) Guidelines, this project is Categorically Exempt (Class 1, Existing Facilities). The expansion of the existing bulb-out to incorporate a new bus stop is a minor alteration of an existing public feature, involving negligible expansion of use, as described in Section 15301(c).

FISCAL IMPACT
At this time, the construction related costs for the Noche Buena Street bulb-out are estimated to range between $60,000.00 and $95,000.00, depending on the size and location of the proposed bulb out improvements. Public Works Staff compared unit costs from multiple recent projects to develop the project cost range estimate. Actual project cost will be determined by received construction bids for the work.

MST has agreed to reimburse the City for all costs up to a maximum reimbursement amount of $49,000.00, including the costs of design, construction, construction management, and design support during construction. The City will be responsible for all project costs over their reimbursement limit of $49,000.00.

Pending the approval of the City Council to add this project to the CIP list, the City plans to release an RFP for the construction of the project in May of 2023, with a tentative construction agreement to be awarded in July of 2023. Necessary budget adjustments will be requested at the time of project award, which will be next fiscal year.

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Item No. 8.E. Page 3 of 3

ATTACHMENTS

1. Resolution

2. Agreement
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING AN AGREEMENT WITH MONTEREY SALINAS TRANSIT FOR

REIMBURSEMENT OF COSTS TO DELIVER THE NOCHE BUENA STREET MST

BULB OUT PROJECT AND AMENDING THE CAPITAL IMPROVEMENT PROGRAM

TO INCLUDE THE PROJECT
WHEREAS, on October 20, 2022, the City Council approved the construction of a new bus stop at Noche Buena Street and San Pablo Avenue; and WHEREAS, Harris & Associates is developing a plan set for the construction of the bulb out; and
WHEREAS, the estimated cost of construction was provided by comparing unit costs with several active construction contracts, as well as by determination by Harris & Associates qualified staff; and
WHEREAS, Monterey Salinas Transit willfully enters into an agreement to reimburse the City of Seaside for costs related to the design and construction of the bulb out improvements located at Noche Buena Street and San Pablo Avenue, up to a reimbursement limit of $49,000.00; and
WHEREAS, those improvement include, but are not limited to, the removal of existing sidewalk, curb, gutter, and asphalt, and the construction of new sidewalk and curb and gutter, and the installation of new signage, per MST design guidelines and ADA requirements; and
WHEREAS, the City agrees to pay for the initial costs related to design and construction, in advance of reimbursement by MST, per the agreement, and all costs above the reimbursement limit; and
WHEREAS, the project is categorically exempt per section 15301 of CEQA because the project involves the alteration of an existing bulb out within the City’s existing right of way.

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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to enter into a Reimbursement Agreement with Monterey Salinas Transit to provide for reimbursement for improvements constructed as part of the MST Noche Buena Street bulb out.

BE IT FURTHER RESOLVED, that the City Council of the City of Seaside amends the Capital Improvement Program to include the Noche Buena Street MST Bulb Out Project.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 6th day of April, 2023 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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REIMBURSEMENT AGREEMENT BETWEEN

MONTEREY-SALINAS TRANSIT DISTRICT

AND CITY OF SEASIDE FOR BUS STOP

INFRASTRUCTURE IMPROVEMENTS
THIS REIMBURSEMENT AGREEMENT (“Agreement”) is made by and between the Monterey-Salinas Transit District (MST) and the City of Seaside, collectively referred to as “the Parties.”
WHEREAS, MST and City of Seaside have a long-standing cooperative working relationship; and
WHEREAS, MST implemented the Better Bus Network in December 2022 with emphasis on decreasing Jazz A Sand City-Aquarium travel time through Sand City, Seaside and Monterey; and
WHEREAS, the Parties desire to implement transit stop improvements in support of the Jazz A fixed-route service (hereinafter, the “Service”) which requires construction and/or alteration of sidewalks and street/road work and as more fully described in Exhibit A Scope of Work; and
WHEREAS, MST and the City of Seaside agree that it is preferable for the City of Seaside to lead construction work associated with new bus stops for the Service; and WHEREAS, MST has completed its environmental review of the Better Bus Network and the concomitant impacts associated with changing the bus routes and the installation of new or additional bus stops; and
WHEREAS, the Parties hereto desire to enter into this reimbursement agreement for construction costs incurred by the City of Seaside and reimbursed by MST; and WHEREAS, a reimbursement agreement for the payment of costs is not a “project” under California Environmental Quality Act (CEQA) guidelines § 15060 and 15378.

NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the Parties hereto agree to the following:

1. TERM OF AGREEMENT
This Agreement shall be effective on and, unless terminated as set forth below, shall end upon the certification of completion of a contract for construction, as set forth below.

2. CONSTRUCTION PROJECT
City of Seaside shall manage the construction project, complete any environmental DocuSign Envelope ID: 82BC89D3-E7F1-48C5-B827-0876B9D48B3C Packet Page 158
analysis necessary, and conduct a competitive solicitation for the construction.

City of Seaside shall produce the competitive solicitation for construction that meets all of the appropriate State requirements, bond funding agreement requirements, and needs of the participating agencies and shall conduct a procurement process which meets State procurement requirements necessary to secure a construction contractor.

City of Seaside shall solely review and agree on a responsible contractor as part of the project. If a contractor is selected as part of the Reimbursement Agreement, City of Seaside shall be the entity responsible to enter and manage the agreement for construction of bus stop infrastructure, and require the contractor to complete the scope of work as agreed by the Parties as further described in Exhibit A. If a construction contract is entered into, City of Seaside will provide overall project management and will receive project contractor invoices and pay the invoices upon satisfactory completion of invoiced work.
2 . 1 . MINIMUM TERMS FOR SCOPE OF WORK
The Scope of Work prepared for the services by the City of Seaside pursuant to this Reimbursement Agreement shall contain at least the following provisions:
• Any responsive, responsible bidder must have experience in successfully constructing work as provided in the Scope of Work herein and attached as Exhibit A and the Invitation for Bids issued by the City of Seaside. Any responsive, responsible bidder must have employees or subcontractors assigned who have the proper licensing within the State of California to perform required work.
2 . 2 . REQUIRED TERMS FOR CONSTRUCTION CONTRACT
Any construction contract entered into as a result of City of Seaside procurement process described herein shall contain at least the following provisions:
• The budget for the construction project shall not exceed the amount of $49,000 including all costs and contingencies. There shall not be any deviation from the project budget for the contract without prior written approval by MST General Manager/ Chief Executive Officer. • All costs incurred under any approved construction contract shall be based on actual costs and are subject to audit. Substantiating documents (e.g., travel receipts, invoices, etc.) shall be retained by City of Seaside and City of Seaside shall keep an accurate accounting of all costs incurred in the performance of the Project for this Reimbursement Agreement, including providing summary reporting information to MST.

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• The allowability of costs shall be determined in accordance with the Office of Management and Budget Circular 2 CFR Chapter I and II, Part 200 et al. as of January 1, 2014. All requests for budget amendment approvals shall be in writing and mutually agreed to by MST and City of Seaside.
• Prior to the beginning and throughout the duration of the work, the contractor, and applicable subcontractors, shall carry the type and amounts of insurance, as shown in Exhibit B, and shall name MST, City of Seaside and their respective Board members, Officers, and employees as additional insured.
• The contractor shall agree to indemnify, defend, and hold harmless MST, City of Seaside, and their respective Board members, Officers, and employees to the fullest extent of the law.

3. COST AND PAYMENTS
MST shall reimburse City of Seaside for any costs relating to the implementation of this Reimbursement Agreement and the development, solicitation, procurement of a responsible contractor, construction management and inspection as set forth in this Agreement. This Paragraph delineates the responsibilities of each Party towards the scope of work on this project.

Upon City of Seaside’s approval and execution of a contract with a construction contractor and MST’s receipt of a fully executed construction agreement, consistent with the provisions of this Agreement, City of Seaside shall submit an invoice to MST in the amount awarded to the construction contractor. MST agrees to pay costs in amounts not to exceed $49,000.

If the final invoices paid under an approved construction contract are less than the aforementioned “not to exceed” costs, MST shall retain any unexpended amounts.

City of Seaside shall carefully monitor costs and performance of the contractor, take such steps as necessary to ensure that construction is completed on time and on budget, and shall alert MST on an expedited basis of any questions or concerns in the costs or timely completion of the ultimately approved construction Project. MST shall review City of Seaside reimbursement invoices and provide concurrence or questions on an expedited basis to ensure prompt payment of invoices or the prompt resolution of disputes.

4. MST Project Manager
MST designates Michelle Overmeyer, Director of Planning and Innovation as the Project Manager who will liaison between MST and City of Seaside. MST shall promptly notify City of Seaside of any change in this designation.

5. City of Seaside Representative
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City of Seaside designates Patrick Grogan as City of Seaside Representative responsible for the participation in, and for amendments to this Reimbursement Agreement. City of Seaside shall promptly inform MST of any change to its Representative.

6. Scope of Work Revisions
Any significant changes in the performance of this Reimbursement Agreement, including any significant changes to the proposed Scope of Work or Required Contract Terms, described herein shall be in writing and require mutual authorization by the City Manager and MST General Manager / Chief Executive Officer.

7. Administrative Representative
MST designates Lisa Rheinheimer as the Administrative Representative who shall be responsible for the contractual and administrative aspects of this Agreement. Questions and correspondence of an administrative nature shall be directed to the Administrative Representative at MST, 19 Upper Ragsdale Drive, Suite 200, Monterey, California 93940 or by phone at (831) 264-5874 or by email at [email protected].

8. Termination
Either Party may terminate this Reimbursement Agreement at any time with or without cause prior to the construction contract by City of Seaside pursuant to this Agreement, through a written Notice of Termination. Notice will be provided not less than fifteen (15) calendar days prior to termination. In the event of termination by MST prior to construction contract, any costs incurred by City of Seaside in preparing bid documents shall be reimbursed by MST.

Nothing in this Section shall limit the Parties ability to mutually terminate this Agreement upon the written mutual consent of the Parties.

9. Indemnification
Each Party shall defend, indemnify, and save harmless the other Party, its officers, agents, and employees against all claims, demands, suits, damages, costs, expenses, losses, including reasonable legal expenses and reasonable attorneys’ fees, or liability, in law or in equity, of every kind and nature whatsoever, arising out of or resulting from the negligent acts or omissions of the indemnifying Party (which shall include the indemnifying party’s officers, agents, employees or volunteers) in the performance of this Reimbursement Agreement.

10. Disputes
In the event of a dispute arising out of the performance of this Agreement, the disputing Party shall send a written Notice of Dispute to the other Party. Within five (5) working days of receipt of such notice, the Parties shall respond and agree to a meeting for the purpose of discussing the dispute and the facts giving rise to the dispute. If resolution of DocuSign Envelope ID: 82BC89D3-E7F1-48C5-B827-0876B9D48B3C Packet Page 161
the dispute cannot be reached, the affected Party may file appropriate litigation within six months thereafter, or terminate the Agreement pursuant to Section 8.

11. Notices
Notices required under this Agreement shall be delivered personally or by electronic means with delivery and read receipts, or by first-class, postage pre-paid mail to Parties contract administrators at the addresses listed below:

Michelle Overmeyer
Director of Planning and Innovation
[email protected]
19 Upper Ragsdale Dr., Suite 200
Monterey, CA 93940
Phone: 831-264-9808
Electronic notices shall be copied to the following individuals at City of Seaside:

Patrick Grogan
Associate Civil Engineer
[email protected]
440 Harcourt Ave
Seaside, CA 93955
Phone: (831) 899-6885
Sheri L. Damon
City Attorney
[email protected]
440 Harcourt Ave
Seaside, CA 93955
Phone: (831) 899-6890
Either Party may change its address by giving notice of such change to the other party in the manner provided in this Section 11. All notices and other communications shall be deemed communicated as of actual receipt or after the second business day after deposit in the United States mail.

12. Severability
If any provision of this Reimbursement Agreement, or the application thereof to any person, place, or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement and such provisions as applied to other persons, places, and circumstances shall remain in full force and effect.

13. General Provisions and Certifications
MST and City of Seaside certify that it is in compliance with all applicable federal and state laws and regulations.

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14. Additional Provisions
The following exhibits are incorporated herein by reference and constitute a part of this Contract:
• Exhibit A – Scope of Work
• Exhibit B – Insurance Requirements

15. Entire Agreement
This Agreement, including the referenced attachments, constitutes the entire agreement and understanding between MST and City of Seaside with respect to reimbursement costs for bus stop infrastructure within City of Seaside, and supersedes any prior or contemporaneous agreement or understandings if any. Any changes or modifications shall be accomplished by a written amendment to this Agreement executed by the duly authorized representative of each party.

16. Choice of Laws
This Agreement shall be interpreted and applied according to the laws of California and shall be deemed to have been entered into in California as of the effective date set forth in Paragraph 1 above. Any litigation concerning this Agreement shall take place in Monterey County, or the federal district court with jurisdiction over MST. The Parties Agree 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.

17. Attorney’s Fees
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.

18. Headings
The headings are for convenience only and shall not be used to interpret the terms of this Agreement.

19. Time is of the Essence
Time is of the essence in each and all of the provisions of this Agreement.

20. Counterparts
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same DocuSign Envelope ID: 82BC89D3-E7F1-48C5-B827-0876B9D48B3C Packet Page 163
Agreement.

21. Authority
Any individual executing this Agreement on behalf of the MST or City of Seaside represents and warrants hereby that he or she has the requisite authority to enter into this Agreement on behalf of such Party and bind the Party to the terms and conditions of this Agreement.

SIGNATURES ON NEXT PAGE
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the month, day and year specified below.

Carl G. Sedoryk
General Manager / CEO
Monterey-Salinas Transit District
Date:

APPROVED AS TO FORM:

David C. Laredo
MST General Counsel
De Lay & Laredo
Date:

Jaime M. Fontes
City Manager
City of Seaside
Date:

DocuSign Envelope ID: 82BC89D3-E7F1-48C5-B827-0876B9D48B3C 3/28/2023
3/28/2023
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EXHIBIT A
ScopeofWork
Project Information
Name of Client/Organization Monterey-Salinas Transit (MST) 19 Upper Ragsdale Drive, Suite 200
Monterey, CA 93940
Project Contact Details
Contact Person Role Phone Email
Michelle Overmeyer Director of Planning
and Innovation
(831) 264-5877 [email protected]
Paul Lopez Facilities Manager (831) 264-9438 [email protected] Vince Dang Project Management
Coordinator
(831) 264-9808 [email protected]
Patrick Grogan Associate Civil Engineer (831) 899-6885 [email protected] Project Information
Name of
Project
Noche Buena at San Pablo Bus Bulb Improvements
Project
Location
Noche Buena Street at San Pablo Avenue
Project
Description
MST implemented the Better Bus Network and straightened out the Jazz A, eliminating the existing stop at San Pablo and Noche Buena and creating a new stop at Noche Buena and San Pablo.

Contract
Process

1. MST develops Scope of Work for approval by City’s Public Works Department and City Manager

2. City develops cost estimate for all improvements herein

3. MST receives cost estimate for improvements to develop a contract for work to be performed.

4. MST will develop a contract with City to perform work on MST’s behalf and at MST’s expense

5. City will choose whether to perform work using internal staff or contracted staff.

6. Work is executed by city.

Approvals
Needed
• [Pre-requisite City Permit and Commission Approvals]
• City Council approval of Contract
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Locations and work to be performed
Work to be performed will vary based on existing conditions and type of bus stop recommended. The bus stop types are to be installed consistent with the bus stop types in the MST Designing for Transit Guidelines (2020).

Bus Stop Improvements
Location (Cross
Street)
Work to be performed Bus Stop Type Streetview
Link
Noche Buena/San Pablo • Extend sidewalk out into
ROW to accommodate an 8
foot passenger landing pad
for a minimum length of 25
feet, tapered at a minimum
of 15 feet from end of bus
stop and extended at
minimum 10 feet from
intersection of Noche Buena
and San Pablo
• Provide appropriate red
striping from intersection of
Noche Buena and San
Pablo to beginning of taper.
• Supply 1 hole for bus stop
pole 1 foot southwest of
passenger landing pad and
at the back of sidewalk.

Bus Bulb
(Pages 13-14
of Designing
for Transit
Guidelines)
Link
DocuSign Envelope ID: 82BC89D3-E7F1-48C5-B827-0876B9D48B3C Packet Page 167
Map of New Stop and Routing
The map below shows the location of the new proposed stop and bus route.

DocuSign Envelope ID: 82BC89D3-E7F1-48C5-B827-0876B9D48B3C Packet Page 168

EXHIBIT B

INSURANCE REQUIREMENTS FOR THE CONSTRUCTION CONTRACTOR
Commercial General Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Three Million Dollars ($3,000,000) per project or location. If CONTRACTOR is a limited liability company, the commercial general liability coverage shall be amended so that CONTRACTOR and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insured.

Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If CONTRACTOR does not use any owned, non-owned or hired vehicles in the performance of services under this Agreement, CONTRACTOR shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 3.2.

Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If CONTRACTOR has no employees while performing services under this Agreement, workers’ compensation policy is not required, but CONTRACTOR shall provide an executed declaration that it has no employees.

DocuSign Envelope ID: 82BC89D3-E7F1-48C5-B827-0876B9D48B3C Packet Page 169

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
DATE: April 6, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING AMENDMENT NO. 5 TO

THE PROFESSIONAL SERVICE AGREEMENT WITH WALLACE

GROUP TO PROVIDE EXPANDED CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES FOR THE FIRE
STATION NO. 1 UPGRADES PROJECT FOR AN AMOUNT NOT TO
EXCEED $18,454.00

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute amendment no. 5 to the professional service agreement with Wallace Group to provide expanded construction management and inspection services for the Fire Station Upgrades Project for an amount not to exceed $18,454.00.

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

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

On December 16, 2021, the City Council awarded a construction agreement with 101 Builders Inc. Construction of the Project requires daily oversight of the contractor. The Packet Page 170

Item No. 8.F. Page 2 of 3
City did not have the personnel resources to support the Project at the time the Project started. On January 6, 2022, the City Council approved a PSA amendment in the amount of $45,858.00 to the Wallace professional services agreement to provide construction management and inspection services.

During the construction of the Project, it was discovered that the removal of asbestos containing material (ACM) coating and siding on the Fire Station building exterior revealed several defects that need to be addressed to prevent future problems due to potential water intrusion into the building structure. In addition, after the removal of the siding, it was revealed that there was structural damage at the front of the building.

Due to these issues, additional scope of services was added to the construction contract, including an increase in working days. Wallace PSA was also amended by approval by the City Council on April 21, 2022. Amendments no. 2, no. 3, and no. 4 provided architectural and structural services, and to facilitate additional construction meetings, oversight, and contractor coordination that were over and beyond the initial construction management and inspection services. This brought the total contract with Wallace to an amount not to exceed $140,121.00.

The Project received substantial completion on November 10, 2022 in which three items remain outstanding which requires the contractor to complete prior to final acceptance.

Wallace has expended a significant amount of hours of construction management and inspection services on this Project to date and will need additional funds to resolve these three items with the Contractor and complete close out documents for the Project. Amendment no. 5 will provide additional hours for site inspection, construction management to coordinate with the contractor, project coordination and documentation for project close-out. Approved contingencies have been expended, and an additional amount of $18,454.00 is requested with amendment no. 5.

FISCAL IMPACT
The total Fire Station Upgrades Project budget is $949,701.27. To date, the total amount encumbered and spent on the project equals $912,565.67, leaving a remaining amount of $37,135.60. There are sufficient funds in the Project budget to accommodate amendment no. 5 to the professional services agreement with Wallace Group for an amount not to exceed $18,454.00.

ATTACHMENTS

1. Resolution

2. Amendment No. 5
Reviewed for Submission to the City Council by:

Packet Page 171

Item No. 8.F. Page 3 of 3
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 172
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE AUTHORIZING AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES

AGREEMENT WITH WALLACE GROUP TO PROVIDE EXPANDED

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE FIRE STATION UPGRADES PROJECT FOR AN AMOUNT NOT TO EXCEED $18,454.00 WHEREAS, the Fire Station Upgrades Project (Project) is adopted in the fiscal year 2021/2022 Capital Improvement Program (CIP) annual budget; and WHEREAS, the Project includes the abatement of the exterior paint and texture coating, removal and dry rot and damaged siding, installation of new siding, removal of six existing bay doors and associated equipment, installation of six new overhead bay doors with associated electrical, plumbing modifications and new paint on the exterior of the building; and
WHEREAS, the Project requires daily inspections, support to review submittals and respond to request for information submitted by the contractor during construction and the City does not have the staffing resources to support this project; and WHEREAS, Wallace Group’s (Wallace) original professional services agreement with the city to prepare contract documents and project management services approved on June 16, 2021 for an amount of $24,500.00 was expanded through contract amendment no. 1 to provide construction management, and inspection services for a total contract amount not to exceed $66,189.00; and
WHEREAS, due to unforeseen circumstances during the course of construction additional scope was added to the construction contract which required architectural and structural services and construction management services resulting in contract amendment no. 2, no. 3, and no. 4 to Wallace’s professional services agreement for a total amount not to exceed $140,121.00; and
WHEREAS, the Project received substantial completion on November 10, 2022 and there are three items remaining that the contractor is required to address prior to final acceptance of the Project; and
WHEREAS, Wallace submitted a proposal to perform expanded construction management and inspection services for the Project in the amount of $18,454.00 for Packet Page 173
additional site inspection, contractor coordination, project coordination, and project closeout; and WHEREAS, there are sufficient funds remaining in the Project budget (Account 344-8910-9556) to accommodate this request.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute amendment no. 5 to the professional services agreement with Wallace Group to perform expanded construction management and inspection services for the Fire Station Upgrades Project for an amount not to exceed $18,454.00.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 6th day of April, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
Packet Page 174
CONTRACT AMENDMENT #5

PROFESSIONAL SERVICES
City of Seaside
Date: March 10, 2023 Change Requested by: X City/District Consultant Contract Date
06/17/2021
Project Name
Fire Station Upgrades Proiect Management Services
To (Consultant): The Wallace Group, 612 Clarion Court, San Luis Obispo, CA 93401 You are directed to make the following changes to the Contract Documents or amend the following described work not included in the contract documents for this prof)ect.

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

MODIFY the following text in Section 2, "Services."
Consultant shall perforrn the tasks described and set forth in Exhibit A, Al, A2, A3, A4 and A5 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, Al, A2, A3, A4 and A5.

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, Exibit "D" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit A, Al A2, A3, A4 and A5 attached hereto.

Origina} Contract
Amount
Previous CCO Total
(Not including this
Amendment)
This Amendment
Total
Revised Contract
Amount
$24,500.00 $115,621.00 $18,454.00 $158,575.00
Origina} Contract
Time
Original Completion
Date
Days To Date
(Including This
Amendment)
Revised Completion
Date
12 Months June, 30, 2022 4 October 30, 2023
SQTTEp:
(,_ Nisha Patel
PW Director/City Engineer (rlw. l'(, zozz
-/" ' !S?iature'-%J Name and Title Date '
CITY APPROVAL BY:

Jaime M. Fontes
City Manager
Signature Narne and Title Date

CONSULTANT
ACCEPTANCE BY:
,
Kari Wagner
Principal March 10, 2023
' SignaturJ Name and Title Date

Page 1 ends

Seaside City CouncilApril 6, 2023

Seaside City Council
April 6, 2023