Seaside City Council
June 1, 2023

B. Related Work:

1. Earthwork and Grading

2. Asphalt Concrete Paving

1.03 STANDARDS AND DEFINITIONS
A. State of California, Department of Transportation Standard Specifications, referred to in this Specification as ‘Caltrans Standard Specifications’.

B. Applicable ASTM International Standards (latest revisions) as they apply to this work and related test methods, including:

1. C131 Test Method for Resistance to Degradation of Small-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine

2. C136 Test Method for Sieve Analysis of Fine and Coarse Aggregates

3. D448 Classification for Sizes of Aggregate for Road and Bridge Construction

4. D1557 Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort

5. D2940 Specification for Graded Aggregate Material for Bases C. Relative compaction or compaction: is defined as the in-place dry density of the compacted soil divided by the laboratory compacted maximum dry density as determined by ASTM Test D1557 latest edition, expressed as a percentage.

1.04 QUALITY ASSURANCE
A. Layout Review: Stake and layout all paving installations for review by the Owners Representative prior to excavation.

B. Tolerances: Install the aggregate base and concrete to the minimum thickness shown and maintain tolerances for sub-grade, sub-base and finished grade as specified by Caltrans Standard Specifications. No combination of high and low tolerances will be permitted.

1.05 SUBMITTALS.

A. Sieve analysis: Sieve analysis for aggregate base.

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1.06 STORAGE
A. Store aggregate at site on a hard, dry and level patch of ground. Prevent contamination of the material with clay, dust, vegetable or other foreign matter.

1. Maintain sufficient distance between stacks of fine and coarse aggregates, and any permeable aggregates if present, to prevent the material at the edges of the stock piles from getting intermixed.

2. Stack fine aggregate in such a place where loss due to effect of wind is minimum.

1.07 TESTING
A. General: Test installed aggregate base per the requirements of Caltrans Standard Specifications.

B. Inspection: Notify the Owner’s Representative at the completion of the various stages of the operation as indicated below and allow such reasonable time for testing and inspection as the Owners Representative may require. Do not proceed with the next stage until authorization to proceed has been received from the Owners Representative.

1. After all rough grading is complete and sub-grade has been prepared to receive aggregate base.

2. After each course of aggregate base has been placed and compacted and is ready for the following course.

3. After final placement and compaction of aggregate base has been prepared to receive paving operations.

C. Testing: document and submit all tests for aggregate base to the Owner's Representative.

1. Cost of all tests to be borne by the Contractor.

2. If at any time the aggregate base does not meet the Specifications, restore the aggregate base, at no additional cost to the Owner, to the required grade, cross-section and density.

PART 2 - PRODUCTS

2.01 AGGREGATE BASE
A. Delivery Moisture Content: Aggregate base is to contain 90% to 110% of the optimum moisture content to ensure that fines do not migrate in transit or during placement and to facilitate proper compaction. Ensure that aggregate leaving the source plant meets this requirement. Apply water to the aggregate base on site to attain and maintain this minimum moisture content.

B. Sieve: Caltrans Standard Specifications, Section 26, Class-2, 3/4" maximum.

Sieve
Sizes
Percentage Passing
1 ½ “Maxiumum ¾ “ Maximum
Operating
Range
Contract
Compliance
Operating
Range
Contract
Compliance
2” 100 100
1 ½ “ 90-100 87-100
1” 100 100
¾ “ 50-85 45-90 90-100 87-100
No. 4 25-45 20-50 35-60 30-65
No. 30 10-25 6-29 10-30 5-35
No. 200 2-9 0-12 2-9 0-12

Quality Requirements
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Test Operating Range Contract Compliance
Resistance (R-value) 78 min.

Sand Equivalent 25 min. 22 min.

Durability Index 35 min.

PART 3 - EXECUTION

3.01 JOB CONDITIONS
A. Protection: Take all steps necessary not to damage existing improvements. If damage occurs, repair immediately and if repair cannot be made to the satisfaction of the Owners Representative, remove and replace at no expense to the Owner.

3.02 SUB-GRADE PREPARATION
A. General: See Specification Section Earthwork and Grading for sub-grade preparation and compaction requirements.

B. Verify that sub-grade preparation, compacted density and elevations conform to the Project requirements and Specifications.

1. In the event of over-excavation, use select-fill materials to achieve design sub-grade elevations. Materials and compaction as specified in Specification Section Earthwork and Grading.

C. Verify that subgrade is free of rocks, depressions, voids, organic materials, and irregularities.

Remove any excess or contaminated backfill from the drainage trenches. Re-compact and regrade as necessary to place aggregate base.

3.03 AGGREGATE BASE INSTALLATION
A. Place and compact aggregate base as specified in Caltrans Standard Specifications Section 26, to at least 95% relative compaction in accordance with ASTM D1557, and to a depth as noted on the Drawings.. Verify grades to allow for finish paving.

B. Roll the aggregate base until entire surface is firm, dense, and free from rock pockets and mud pads; do not slurry the base course. Clean the surface of all loose and extraneous material. Water the base course after compaction.

3.04 PROTECTION AND CLEAN-UP
A. Protect the installed aggregate base from contamination by the work of other trades until paving is installed.

B. Disposal: Upon completion of the work and transport excess material from the job site and dispose of in a legal manner.

END OF SECTION
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SECTION 32 12 16

ASPHALT CONCRETE PAVING
PART 1 - GENERAL

1.01 RELATED DOCUMENTS
A. Drawings and General Provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to the work of this Section.

1.02 DESCRIPTION OF WORK
A. Extent: Furnish all labor, material, equipment, tools, and incidentals necessary for the installation of Asphalt Concrete Paving as shown on the Drawings and as specified in this Section.

B. Related work includes but is not limited to:

1. Earthwork and Grading

2. Aggregate Base

1.03 STANDARDS
A. Unless otherwise shown or specified all materials and methods shall conform to the appropriate current sections of the State of California, Department of Transportation (CALTRANS) Standard Specifications (Standard Specifications) as they reasonably apply to this work, except for measurement and payment requirements.

B. Applicable ASTM International Standards (latest revisions) as they apply to this work and related test methods, including:

1. D522 Test Methods for Mandrel Bend Test of Attached Organic Coatings

2. D711 Test Method for No-Pick-Up Time of Traffic Paint

3. D2369 Test Method for Volatile Content of Coatings

1.04 SUBMITTALS
A. Sieve data: asphalt and base materials.

B. Documentation: Manufacturer’s information on all products related to the asphalt paving specified herein. Include proof of compliance with applicable local or regional air pollution or air quality management district VOC requirements.

1.05 QUALITY ASSURANCE
A. Tolerances: For sub-grade, sub-base and finished grade, tolerances, shall be as specified by the Caltrans Standard Specifications except that Contractor shall deliver the full asphaltic concrete thickness shown. No combination of high and low tolerances that comprise the cross-section will be permitted.

1.06 DELIVERY, STORAGE, AND HANDLING
A. Packing, Shipping, Handling, and Unloading: Deliver material in sealed containers with labels legible and intact.

B. Storage and Protection: Follow manufacturer’s recommendations.

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PART 2 - PRODUCTS

2.01 ASPHALT MATERIALS
A. Asphaltic Emulsion for Paint Binder: Caltrans Standard Specifications, Section 94, SS1.

B. Asphalt: Caltrans Standard Specifications, Section 92, Viscosity Grade AR 4000.

C. Asphalt Aggregates: Grading requirements as given below:

1. Basketball Court paving: Caltrans Standard Specifications, Section 39. Bottom 2” course - 3/4” maximum, medium grade. Top 1” course - 3/8” aggregate maximum, with 6% oil content.

2. Pathways: Caltrans Standard Specifications, Section 39, 1/2” maximum, medium grade.

2.02 STRIPING
A. Asphalt Striping: White, exterior type, fast dry, lead-free, water-based acrylic copolymer based traffic paint by Bauer, Ennis Paint, D.J. Simpson Company, or approved equal. Paint shall meet State of California V.O.C. limit of 250 g/l. Width per the Drawings.

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2.03 HEADER BOARD FOR PUBLIC PROJECTS
A. Header board shall be pressure treated doug fir, or approved equal.

1. See Plans for installation and sizes.

2. Stakes: 2"x 4", 18” long minimum.

3. Fasteners: hot dipped galvanized.

PART 3 - EXECUTION

3.01 GENERAL
A. Protection: Take all steps necessary not to discolor or damage existing improvements. If damage occurs, repair immediately and if repair cannot be made to the satisfaction of the Owners Representative, clean-up and/or remove and replace at no expense to the Owner.

3.02 SITE PREPARATION
A. Verify that aggregate base preparation and elevations conform to the Project requirements and Specifications. Do not install work specified in this Section prior to acceptance of aggregate base.

B. Clear aggregate base surface of all loose or unsuitable material.

3.03 HEADER BOARD INSTALLATION
A. Header board shall have straight-line joints less than three feet long; curved-line joints being laminated in a staggered pattern with ends no closer than eighteen inches.

1. Install stakes not further than five feet on center at all ends, splices and joints.

2. Splice all joints with 2 x 4 x 24" with top of splice plate 3/4" below top of header.

3. Trim all stakes to 3/4" below top of header.

4. Locate stakes at all ends, joints, and splices. Clinch over all nails.

3.04 ASPHALT CONCRETE INSTALLATION
A. Apply paint binder in accord with Caltrans Standard Specifications, Section 39.4. Dilute paint binder with equal parts of water and applied to all vertical surfaces for existing pavement, curbs, gutters, catch basins, manhole frames, and construction joints in the surfacing, existing bases and pavements to be surfaced, and other surfaces designated by the Owners Representative.

Provide asphaltic paint binder in sufficient quantity to produce a thin, uniform black, glossy coat of asphalt satisfactory to the Owners Representative. Redistribute pools in unevenly distributed areas by means of hand brooms. Verify exact rate of application with the Owners Representative.

B. Spread asphalt concrete and compact uniformly to a closed, smooth surface and a layer of uniform density, in accord with Caltrans Standard Specifications, Section 39.6, in thicknesses noted on plans.

C. Finish grades shall be as shown, smooth and without sharp breaks, and shall allow the pavement to drain. Upon completion of the paving, flood the area as directed by the Owners Representative.

Reconstruct any low areas as directed by the Owners Representative.

3.05 STRIPING
A. Solvent-based striping: Prepare surface in conformance with Caltrans Standard Specifications Section 84 "Traffic Stripes and Pavement Markings". Paint only when air and surface temperatures are above 50 degrees F. Line width shall not vary more than plus or minus 1/4".

Apply two coats of paint per manufacturer's instructions.

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3.06 REPAIR AND CLEAN-UP
A. Protect the installed paving from contamination by the work of other trades until review and approval by the Owner’s Representative.

B. Repair: If damage to the asphaltic concrete paving occurs, repair same, and if repair cannot be made to the satisfaction of the Owner’s Representative, remove and replace the section.

C. Disposal: Segregate surplus material and debris remaining upon completion of the work as to type, and transport from the job site and dispose of in a legal manner.

END OF SECTION
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SECTION 32 19 00

SITE CONCRETE
PART 1 - GENERAL

1.01 RELATED DOCUMENTS
A. Drawings and General Provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to the work of this Section.

1.02 DESCRIPTION OF WORK
A. Extent: Furnish all labor, material, equipment, tools, and incidentals necessary for the installation of plain Site Concrete, including where reinforced, as shown on the Drawings and as specified in this Section.

B. Related work includes but is not limited to:

1. Earthwork and Grading

2. Aggregate Base

3. Site Furnishings

4. Sports Equipment

1.03 STANDARDS AND DEFINITIONS
A. Unless otherwise shown or specified all materials and methods shall conform to the appropriate current sections of the State of California, Department of Transportation Standard Specifications (Caltrans Standard Specifications) as they reasonably apply to this work, except for measurement and payment requirements.

B. Portland Cement Association, Design and Control of Concrete Mixtures, latest edition.

C. American Concrete Institute (ACI) specifications, latest editions, including:

1. ACI 211.1 Standard Practice for Selecting Proportions for Normal, Heavyweight, and Mass Concrete

2. ACI 301 Specifications for Structural Concrete

3. ACI 302 Guide to Concrete Floor and Slab Construction

4. ACI 304 Guide for Measuring, Mixing, Transporting and Placing Concrete

5. ACI 318 Building Code Requirements for Structural Concrete

6. ACI 347 Guide to Formwork for Concrete
D. Applicable ASTM International Standards (latest revisions) as they apply to this work and related test methods, including:

1. A615 Specification for Deformed and Plain Carbon-Steel Bars for Concrete Reinforcement

2. A1064 Specification for Carbon-Steel Wire and Welded Wire Reinforcement, Plain and Deformed, for Concrete

3. C33 Specification for Concrete Aggregates

4. C39 Test Method for Compressive Strength of Cylindrical Concrete Specimens

5. C94 Specification for Ready-Mixed Concrete

6. C114 Test Methods for Chemical Analysis of Hydraulic Cement

7. C131 Test Method for Resistance to Degradation of Small-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine

8. C136 Test Method for Sieve Analysis of Fine and Coarse Aggregates

9. C143 Test Method for Slump of Hydraulic-Cement Concrete Packet Page 268

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10. C150 Specification for Portland Cement

11. C157 Test Method for Length Change of Hardened Hydraulic-Cement Mortar and Concrete

12. C171 Specification for Sheet Materials for Curing Concrete

13. C173 Test Method for Air Content of Freshly Mixed Concrete by the Volumetric Method

14. C260 Specification for Air-Entraining Admixtures for Concrete

15. C309 Specification for Liquid Membrane-Forming Compounds for Curing Concrete

16. C311 Test Methods for Sampling and Testing Fly Ash or Natural Pozzolans for Use in Portland-Cement Concrete

17. C330 Specification for Lightweight Aggregates for Structural Concrete

18. C494 Specification for Chemical Admixtures for Concrete

19. C618 Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use in Concrete

20. C778 Specification for Standard Sand

21. C881 Specification for Epoxy-Resin-Base Bonding Systems for Concrete

22. C920 Specification for Elastomeric Joint Sealants

23. C979 Specification for Pigments for Integrally Colored Concrete

24. C989 Specification for Slag Cement for Use in Concrete and Mortars

25. C1240 Specification for Silica Fume Used in Cementitious Mixtures

26. C1602 Specification for Mixing Water Used in the Production of Hydraulic Cement Concrete

27. C1603 Test Method for Measurement of Solids in Water

28. D1751 Specification for Preformed Expansion Joint Filler for Concrete Paving

29. D1883 Test Method for California Bearing Ratio (CBR) of Laboratory-Compacted Soils E. California Air Quality Management District (AQMD) Rule 1113 Volatile Organic Compound (VOC) Limits.

F. California Building Code (CBC), Part 2 of California Code of Regulations, Title 24: Walking surface finishes are to comply with accessibility provisions of the CBC, applicable edition.

1.04 QUALITY ASSURANCE
A. Layout Review: Stake and layout all site concrete installations for review by the Owners Representative prior to excavation.

B. Inspection: Notify the Owners Representative 24 hours prior to placement of any concrete to inspect sub-grade, forms, and reinforcement.

C. Substitutions: shotcrete / gunite will not be permitted as a substitute for cast-in-place concrete.

1.05 SUBMITTALS
A. Product data:

1. Steel reinforcement (mill certificates). Any fiber reinforcement / expansion joint filler, metalkey joints, reinforcement / mesh chairs.

B. Concrete Mix: Proposed mix design of each class of concrete, indicating name of batch plant, date and # of mix design, project location, Contractor requesting delivery.

1. Mix design: state the following:
a. Proportions of all materials used
b. Compressive strength in PSI at 28 days.
c. Slump
d. Water-cement ratio
e. Color, if applicable

2. Slump Test Data in support of submitted concrete mix Packet Page 269

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3. Cylinder Report in support of submitted concrete mix

4. Strength Performance Reports per ASTM C39 and ACI 301 of submitted concrete mix

5. Sieve data / certification for coarse and fine aggregate

6. Test report / certification for cement and fly ash.

7. Admixture data.

8. Water test report for ready mix concrete.

1.06 DELIVERY, STORAGE, AND HANDLING
A. Store materials in a dry and protected location. Protect reinforcing steel, dowels, and welded wire mesh from rusting, deformation, staining, and moisture damage.

1.07 TESTS
A. Testing and analysis of concrete will be performed under provisions of Caltrans Standard Specifications Section 6-3.

B. Testing firm shall take cylinders and perform slump, compression strength, and air entrainment tests in accordance with ASTM C143, C39 and C173.

1. Testing shall be carried out for vertical surfaces equal to or greater than 48” as measured from bottom of footing to top of wall, and for vehicular concrete subject to increased loading conditions such as stress pads.

2. All testing shall be at no additional cost to the Owner.

PART 2 - PRODUCTS

2.01 FORMWORK AND REINFORCEMENT
A. Formwork: Steel or wood, of size and strength to resist movement during concrete placement and to retain straight, true, and to proper elevation, horizontal and vertical alignment until removed.

Use forms that are straight and free of distortion and defects. Use flexible spring steel forms or laminated boards to form radius bends as required.

1. Form lumber: #2 or better grade wood. Do not use used form lumber.

B. Reinforcement Bars and Dowels: ASTM A615. Clean and free of paint, grease, oils, and loose rust scale. Deformed steel bars, Grade 60 for bars #5 and larger; Grade 40 minimum for bars #4 and smaller.

1. Tie Wire: 16-gauge plain cold-drawn steel conforming to ASTM A1064, clean and free of rust, dirt, grease or oils.

2. Supports: bolsters, chairs, dobies, spacers and other devices for spacing, supporting and fastening reinforcing bars in place.

3. Sleeves: for doweling across expansion joints and cold joints: Sika Speed Dowel or equal, sized for round dowel diameter and length.

C. Welded Wire Mesh: Welded plain cold-drawn steel wire fabric, ASTM A1064 by Davis Wire Corporation or approved equal. Clean and free of paint and rust. Furnished in flat panels, not rolls.

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1. Supports: Chairs or dobies to support welded wire mesh reinforcement at half the depth of the paving.

D. Form-release: form release agent, California AQMD Rule 1113 VOC-limits compliant.

2.02 CONCRETE
A. Cementitious Materials:

1. Portland Cement: ASTM C150. Type-II. Use single source throughout entire project.

2. Fly Ash: ASTM C618 & C311. Class C, F, or N.
a. Source fly ash from an experienced producer, conforming to all applicable standards.
b. At no time during the course of the project will a change of fly ash source (plant) be permitted without the prior written consent of the Owners Representative.

3. Slag: ASTM C989 if specified in the concrete mix design.

B. Coarse Aggregate: ASTM C33 and Caltrans Standard Specifications Section 90. Gravel, crushed gravel, crushed rock, or combinations thereof, free from organic matter and other deleterious substances, from an approved source. Use single source throughout entire project.

C. Fine Aggregate: ASTM C33 and Caltrans Standard Specifications Section 90. Natural sand or a combination of not less than 50% natural and manufactured sand, free from deleterious coatings, roots, bark, sticks, rags, and other extraneous material. Thoroughly and uniformly washed. Use single source throughout entire project.

D. Water: ASTM C1602, clear and free from injurious amounts of oil, salts, acid, alkali, organic matter, or other deleterious substances. For ready-mix concrete water density shall be monitored with an automated device conforming to ASTM C1603.

E. Chemical Admixtures:

1. All admixtures: California AQMD Rule 1113 VOC-limits compliant

2. Air Entraining: ASTM C260. Use five percent (5%) air entrainment: Manufactured by BASF, Sika, W.R. Grace or approved equal.

3. Water Reducing / Plasticizer: ASTM C494, manufactured by BASF, Sika, W.R. Grace or approved equal.

4. Shrinkage Reducing: ASTM C494. Capable of reducing drying shrinkage up to 80% at 28 days per ASTM C157, BASF, W.R. Grace or approved equal.

5. Accelerating: ASTM C494, non-corrosive admixture manufactured by BASF, W.R. Grace or approved equal.

6. Hydration Controlling: ASTM C494, Type B, and Type D by BASF, or approved equal.

7. Calcium chloride is not permitted in the manufacture of chemical admixtures.

8. Admixtures batched, mixed and transported in accordance with ASTM C94 F. Cure: ASTM C309 Type 1, Class A&B, California AQMD Rule 1113 VOC-limits compliant, clear membrane curing compound, by W.R. Meadows, L.M. Scofield, or approved equal.

1. Do not use white liquid membrane curing compound.

2. For colored concrete, see clause on Concrete Colors in this Specification for cure-sealers that are applied to freshly placed concrete. Do not use this cure.

2.03 CONCRETE MIX DESIGN
A. Concrete mix: conform to applicable industry standards for concrete materials, admixtures, bonding materials, curing and other except as noted.

1. Concrete mixes shall be properly proportioned for yield.

2. Water / cement ratio: 0.50 max unless otherwise approved by the Owners Representative Packet Page 271

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3. Slump: maximum four (4”) inches. A tolerance of up to one (1”) inch above the maximum indicated is allowed for one batch in any five consecutive batches tested.

B. Strength: ASTM C39 designated by class based on 28-day compressive strengths when tested:

1. Class-2 (590 lbs of cementitious material per cubic yard) for curbs, walls, footings, and all above-grade structures unless otherwise noted. Minimum compressive strength of 3000 PSI at 28-days.

2. Class-3 (505 lbs of cementitious material per cubic yard) for all sidewalks, pavements, subpavements, and sub-slabs unless otherwise noted. Minimum compressive strength of 2500 PSI at 28-days.

C. Fly Ash: Incorporation of fly ash into the concrete mix is at the Contractor’s discretion. If fly-ash is to be used in the mix, substitute up to 25% of Portland cement with fly ash for all classes of concrete, final proportions to be determined by the concrete supplier.

1. Concrete mixtures with fly ash must be properly designed for the application, and finishing procedures must be appropriately applied.

D. Slag: Incorporation of slag into the concrete mix is at the Contractor’s discretion. If slag is to be used in the mix, substitute up to 25% of Portland cement with slag for all classes of concrete, final proportions to be determined by the concrete supplier.

1. Concrete mixtures containing slag cement should be proportioned according to ACI 211.1, be properly designed for the application, and finishing procedures must be appropriately applied.

E. Chemical Admixtures

1. Concrete mixes for walls and/or structures equal to and over 4’-0” in height: do not include Air Entraining Mixtures.

2. Concrete mixes for walls and/or structures equal to and over 4’-0” in height: include Water Reducing Admixtures.

3. Chemical admixtures: at the Contractor’s discretion or the mix design submitted by the concrete ready-mix supplier, with the two exceptions noted above.

4. Chemical admixtures: specified within the range of the manufacturer’s recommended concentration.

2.04 CONTROL JOINTS
A. General: All adhesives, fillers, sealants: California AQMD Rule 1113 VOC-limits compliant PART 3 - EXECUTION

3.01 JOB CONDITIONS
A. Weather Conditions: Construct concrete paving only when atmospheric temperature is above 40 degrees F., when the underlying base is dry, and when weather is not rainy.

B. Grade Control: Establish and maintain the required lines and grades, including cross-slope during construction operations.

C. Protection: Take all steps necessary not to discolor or damage existing improvements. If damage occurs, repair immediately and if repair cannot be made to the satisfaction of the Owners Representative, remove and replace at no expense to the Owner.

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3.02 SITE PREPARATION
A. Verify that aggregate base preparation and elevations conform to the Project requirements and Specifications. Do not install work specified in this Section prior to acceptance of aggregate base.

B. Clear aggregate base surface of all loose or unsuitable material.

3.03 INSTALLATION
A. Form Construction: Set forms to the required grades and lines, rigidly braced and secured; work conforming to ACI 347.

1. Construct walls and seat walls less than 18” above finish grade without form ties unless essential for stability of formwork. Align form ties horizontally and vertically.

2. Install sufficient quantity of forms to allow continuous progress of work and so that forms can remain in place at least 24 hours after concrete placement.

3. Remove forms without damage to the placed concrete.

4. Do not use form ties for exposed portions of sand-blasted walls and structures where the holes will be visible after the form ties are removed. Use form braces only.

5. Install form ties and similar accessories such that all metal will be at least 1 inch from surface when forms are stripped.

B. Reinforcement: Install per the Drawings, and secure in place. Do not pour concrete prior to the inspection by the Owners Representative.

1. Use reinforcement (rebar) chairs to ensure that bar reinforcement / welded wire mesh has the required clearance off the bottom of the slab and installed parallel to the bottom of the slab and without dents. See Drawings for recommended spacing.

2. Install reinforcement / welded wire mesh with minimum cover as shown on the Drawings.

A single cut through reinforcing materials in full depth vertical joints in paving as a means of separation is not acceptable.

C. Placement: Moisten aggregate base as required to provide a uniform, dampened condition at the time concrete is placed. Place concrete using methods which prevent segregation of the mix, with as little re-handling as possible. Consolidate concrete along the face of forms and adjacent to transverse assemblies, reinforcement, or side forms. Use care to prevent dislocation of reinforcing, dowels, and joint devices. Deposit and spread concrete in a continuous operation between transverse joints. If interrupted for more than 1/2 hour, place a construction/cold joint.

D. Control Joints: Construct control joints true-to-line with face perpendicular to surface of the concrete, unless otherwise shown. Construct transverse joints at right angles to the centerline, unless otherwise noted. See Control Joint Types specified herein for specific guidelines.

1. Set all joints accurately to grade and straight in alignment as shown on the Drawings.

Alignment shall not vary more than 1/8" in 10' length.

E. Finishing: After striking-off and consolidating concrete, smooth the surface by screeding and floating. Use hand methods only where mechanical floating is not possible. Distribute concrete as required to remove surface irregularities, and re-float repaired areas to provide a continuous, smooth finish. Work edges of slabs, gutters, back top edge of curb, and formed joints with an edging tool, and round to 1/2" radius, unless otherwise shown. Eliminate any tool marks on concrete surface.

1. After floating, test concrete surface for trueness - maximum 1/8" variation in 10’ length in any direction.

2. After completion of floating and when excess moisture or surface sheet has disappeared, complete surface finishing, as specified herein.

3. During finishing, do not apply cement to the dry concrete surface.

4. See Concrete Finishing elsewhere in this Specification Packet Page 273

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F. Curing: Protect and cure finished concrete, conforming to applicable requirements of Caltrans Standard Specifications.

1. Cure all concrete for at least 7 days after placing.

3.04 CONTROL JOINTS
A. General: Work under this Section to comply with ACI 302.

B. Expansion Joints: locate as shown on the Drawings.

1. Dowels: grease both ends.

2. Joint fillers: one-piece lengths for the full width being placed wherever possible. Where more than one length is required, lace or clip joint filler sections together. Form top edge of filler to conform to top profile of concrete.

C. Construction (Cold) Joints:

1. At old and new concrete pours. Drill the existing concrete to accept dowels and embed.

Grease both ends of dowel, or epoxy end in existing concrete and grease end in new concrete.

2. At previous day’s pour and fresh pour: Grease both ends of dowel.

3. When curb and/or gutter and pedestrian paving are poured separately, provide #3 dowels, 8” length 24” O.C.

D. Weakened Plane Joints: locate as shown on the Drawings.

1. Pedestrian paving: construct tooled as shown on the Drawings, or as specified.

2. Joint Width & Depth: Per Drawings. Do not exceed 3/16-inch in width.

3. Do not end completed joints short of vertical surfaces.

3.05 CONCRETE FINISHING
A. General: finishes as specified on the Drawings. Walking surfaces including curbs: slip-resistant and comply with accessibility provisions of CBC.

1. Prior to finishing, fill in form holes flush with concrete surface. Excludes Form Finish.

2. Remove all imperfections and blemishes that cannot be removed by specified finish type.

B. Finish types:

1. Broom finish - draw a stiff fine-hair broom across concrete surface, perpendicular to line of traffic. Repeat operation if required to provide a fine line texture. Texture must be true and straight across entire width of concrete slab.

3.06 REPAIR AND CLEAN-UP
A. Repair: repair or remove and replace defective work such as under-strength concrete, concrete out of line, level or plumb, or showing objectionable cracks, honeycomb, rock pockets, voids, spalling, exposed reinforcing, etc., directed by the Owners Representative and at no additional cost to the Owner. All cleaning, patching, and repairs shall be subject to approval and acceptance by the Owners Representative.

B. Protect new concrete from all construction activities for 72 hours; from construction material or equipment movement for 7 days; and from heavy vehicular movement for 28 days. Any activity on new concrete prior to 28 days is at the Contractor’s discretion and risk.

C. Clean up and remove from the site all spillage, overpour, discarded forming materials, rejected work or materials, and any other refuse or debris resulting from the work. Sweep concrete and wash free of stains, discolorations, dirt and other foreign materials just prior to final inspection.

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D. Disposal: Segregate surplus material and debris remaining upon completion of the work as to type, and transport from the job site and dispose of in a legal manner.

END OF SECTION
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SECTION 32 91 13

SOIL PREPARATION
PART 1 - GENERAL

1.01 RELATED DOCUMENTS
A. Drawings and General Provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to the work of this Section.

1.02 DESCRIPTION OF WORK
A. Extent: Furnish all labor, material, equipment, tools, and incidentals necessary for Soil Preparation of planting areas as shown on the Drawings and as specified in this Section. The work includes installation of amendments including compost, fertilizers, finish grading and plant pit backfill.

B. Related work includes but is not limited to:

1. Site Clearing

2. Demolition

3. Earthwork and Grading

4. Hydroseeding

1.03 QUALITY ASSURANCE
A. Finish Grade: is defined as the finished top surface of the soil after all grading and soil preparation activities, and prior to installation of hydroseed, sod, or mulch.

B. Applicable ASTM International Standards (latest revisions) as they apply to this work and related test methods, including:

1. C602 Specification for Agricultural Liming Materials C. Fertilizers: Comply with the requirements of the Fertilizing Materials Inspection Program of the California Department of Food and Agriculture.

1.04 SUBMITTALS
A. Product Data: to be approved by the Owners Representative before the material is delivered to the site.

1. Amendments fertilizers, and chemicals
B. Samples: to be approved by the Owners Representative before the material is delivered to the site.

1. 1-quart bag of compost
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C. Testing - General: Provide samples, as specified herein, to an agricultural soil testing laboratory approved by the Owners Representative, referred to herein as the Test Lab, unless delivered to the site in original, unopened containers, each bearing the manufacturer guaranteed analysis.

1. Pre-approved Test Labs include:
a. Waypoint Analytical 4741 E Hunter Ave Suite A, Anaheim, CA 92807, (714)282- 8777
b. Wallace Laboratories LLC, 365 Coral Circle, El Segundo, CA 90245, (310) 615-0116 c. Soil Control Lab, 42 Hangar Way, Watsonville CA 95076, (831) 724-5422

2. The Owners Representative reserves the right to reject the analysis from an alternate soil Test Lab without prior approval.

3. Do not deliver any soil or amendment to the site without approval of test results by the Owner’s Representative.

4. Pay for all testing fees from the Test Lab for all tests specified herein.

D. Testing – Sequence:

1. Submit compost test report for review and approval as noted below. a. Since compost is a natural material whose chemical properties changes with time, initial approval may be conditional; final approval to be based on Test Lab recommendations for existing soil including proportion of the compost, additional amendments, and watering / leaching.
b. On approval of the test report, submit a sample for review and approval - this can be done concurrently with the data submittal at the Contractor’s discretion.

2. On approval of the proposed compost, submit sample(s) of existing soils to the Test Lab or an existing soils test report if provided

3. Test Lab recommendations for amendments and fertilizers to be used in planting are to be:
a. Specific to the approved compost. Reference the compost test report by test number / sample ID and testing date. Recommendations referencing a generic compost will be rejected and will require specific recommendations to be re-obtained from the Testing Lab.

E. Testing – Compost: Provide, along with a sample, latest analysis of compost / bulk organic materials by the Test Lab for verification of conformance to this Specification.

1. Analysis is to be carried out / reported no more than three months prior to the date of compost installation, not the start of the project.

2. US Composting Council technical data sheets for compost are not sufficient as a submittal – the complete analysis on the dated letterhead of the laboratory is required, plus pages which fully interpret the results.

3. Analysis is to conform to physical and chemical properties specified herein.

4. Analysis is to assume tilling of the compost into the existing soil as described elsewhere in this Specification
F. Testing – Existing Soil:

1. Prior to finish grading operations or at least four weeks before proposed planting operations, take samples of planting area soil, from 0”-12" deep, as shown on the Drawings and described below, or as directed in the field by the Owners Representative. a. Contiguous planting areas - at least (3) three separate locations, mixed to form (1) composite sample, to be representative of the entire site.

2. Combined volume of each composite sample noted above to be not less than 1-quart.

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3. Forward the composite soil samples to the Test Lab for testing and their recommendations as to exact amendments and fertilizers to be used in planting, Waypoint Analytical A05-2 complete analysis or approved equal. Test report is to:
a. Reference the sample location numbers in the case of multiple samples. b. Include a recommendations summary – separate paragraph for each sample in case of multiple samples.
c. Testing results, including estimated infiltration rate, in tabular form – separate column / table for each sample in case of multiple samples. d. Note the proposed planting types specific to the project - turf, groundcovers, trees, hydroseed.
e. If each composite sample is for a different type of planting, each set of recommendations is to reference that planting type.

G. Delivery tags for all amendments and fertilizers delivered to the Site for the Project.

1. Fertilizer delivery tags should clearly indicate the product and NPK designation.

2. Amendment delivery tags should clearly indicate the lab test number corresponding to the approved amendment test report.

1.05 REVIEWS
A. Specifically request at least (2) two days in advance the following review prior to progressing with the work:

1. Intermediate Review – completion of site grading, topsoil placement amendment depths, finish grade.

2. See Specification Sections Irrigation and Planting for other items to be inspected during this review.

3. The review shall be conducted only after all items pertaining to the review as noted above and in related Sections have been completed.

1.06 DELIVERY, STORAGE AND HANDLING
A. Deliver fertilizers and manufactured amendments to the site in the original, unopened containers, each bearing the manufacturer's guaranteed analysis. Materials in broken containers or which become caked or contaminated making them unsuitable for use will not be accepted and are to be removed from the site.

PART 2 - PRODUCTS

2.01 EXISTING SOIL
A. Topsoil: The top layer of existing soil in planting areas, containing minerals and organic materials including humus, and completely free of weeds, roots, rocks/clods over 1 cubic inch and other objectionable material. Depth of topsoil shall be taken to be 4-6 inches deep or as determined by the Owners Representative at the time of construction after clearing and grubbing.

1. Topsoil is a sandy type.

2. At turf areas topsoil starts below the grass root zone.

3. At planting areas other than turf, topsoil starts below the mulch and organic matter layer.

4. Soil underneath paving and aggregate base areas will not be considered as top soil.

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B. Sub-soil: The remaining existing soil on the site after clearing & grubbing, after topsoil has been removed, and after all rocks over 1 cubic inch and all foreign debris and organic material have been removed.

1. Soil under paving and aggregate base areas may be considered as subsoil provided contamination testing as specified elsewhere in this section indicates that it is free of contaminants that are harmful to plant growth.

2.02 FERTILIZER
A. Soil amendment fertilizer: commercial fertilizer, 16-6-8 (N-P-K) uniform pellet. For bidding purposes only, exact fertilizer type and quantity to be determined by Test Lab analysis.

B. Plant fertilizer: commercial fertilizer packets / tablets, two-year controlled-release 20-10-05 (N-PK). Best Tabs by Simplot Professional Products, Agriform by The Scotts Company, or equal.

2.03 SOIL AMENDMENTS
A. Compost: nitrogen stabilized organic compost produced only from landscape / yard trimmings, grass clippings, food scraps or agricultural residues.

1. Nitrified bark, nitrified sawdust, wood-based soil conditioners will not be permitted.

2. Compost to be supplied by a producer who participates in the U.S. Composting Council's Standard Testing Assurance (STA) program.

3. Compost is to have a dark brown color, does not exhibit a sour or putrid smell, does not contain recognizable grass or leaves, and is not hot upon delivery or rewetting.

4. Compost gradation:

Sieve Size Percent Passing
3/8 inch (9.5 mm) 100%
1/4 inch (6.25 mm) At least 95%
#8 (2.36 mm) At least 60%
#16 (1.18 mm) 20% - 70%
#32 (500 um) 0% - 30%
B. Compost Chemistry – Suitability Considerations

1. Nitrogen (dry weight basis): 0.4 to 0.6%

2. Iron (minimum): 0.08%

3. Organic content: above 17%

4. Carbon-Nitrogen Ratio: below 25

5. pH: below 8.0

6. Salinity (ECe): a value such that when combined with the existing site soil at a use rate determined by the Test Lab Analysis, the salinity of the amended soil / backfill mix shall not exceed 4.0 dS/m (mmhos/cm).

C. Gypsum (if required by existing soils test): agricultural grade, OMRI listed.

1. Cal-Sul Pelletized Gypsum by North Pacific, Portland OR

2. Ultra Fine AG Gypsum by Western Mining & Minerals

3. Approved equal.

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D. Sulfur (if required by existing soils test): granular degradable sulfur product, Tiger 90CR Organic 0-0-0-90 Sulfur by TigerSul.com, or approved equal.

PART 3 - EXECUTION

3.01 GENERAL
A. Limits and Grades Prior to commencing soil preparation operations, request a review by the Owners Representative to verify rough / mass grading work completed to date and verify specified limits of soil preparation work to commence.

B. Finish grade all non-hardscape areas to round the top and toe of all slopes, providing natural contouring to integrate newly graded areas with the existing natural topography.

C. Finish grade all non-hardscape areas to smoothly integrate newly graded areas with the existing grades.

D. Protect concrete from any sulfate-based amendments that may be specified from soils analysis to avoid staining. Replace any concrete damaged from amendment placement at the no additional cost to the Owner.

3.02 SOIL PREPARATION SCHEDULE
Planting
Type
Minimum
Cultivation
Depth
Amendments
(compost)
Amendments
(gypsum, sulfur)
Commercial
Fertilizers
Native Grass
Hydroseed
3-inches None (**) Per lab report None (**)
(*) For bidding purposes only, exact amendment / fertilizer type and quantity to be determined by Test Lab analysis.

A. (**) Test Lab may recommend compost and amendments to improve soil texture and address alkalinity for native grass and restoration areas. Lab recommendations supersede this table.

3.03 SOIL PREPARATION
A. Install existing stockpiled topsoil as necessary to produce final finish grade requirement as shown on the Drawings, minimum depth of imported top soil as noted in the Soil Preparation Schedule in this Specification section.

1. Existing undisturbed landscape areas that are not to be regraded and only to be replanted (excluding bio-retention areas) as shown on the Drawings, do not require topsoil across the areas, only individual plant pit preparation per Specifications.

2. Proposed landscape areas including areas to be graded or that have been disturbed by construction that are to be planted as shown on the Drawings require topsoil across the entire planting areas. Amended excavated subsoil cannot be used as topsoil for these areas.

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B. Cross-rip or cultivate sub-grade to the minimum depth specified in the Soil Preparation Schedule.

Add water if necessary and continue ripping or cultivation until the entire specified depth is loose and friable. Place 2-inches of topsoil uniformly over sub-grade and thoroughly cultivate before placing remaining topsoil. Place topsoil and bring to a smooth, even grade. Settle the soil with water as needed and regrade high/low areas in accordance with paragraph "Finish Grading" this Section.

C. Existing Stockpiled Topsoil: See Specification Section Earthwork and Grading

3.04 AMENDMENT PLACEMENT
A. See Soil Preparation Schedule in this Specification section for requirements, adjustments to the bidding formula to be determined by Owner’s Representative based on the Test Lab analysis and provided to the Contractor in writing.

B. Cross-rip (cultivate) all planting areas and hydroseed areas thoroughly to the minimum depths specified in the Soil Preparation Schedule.

1. Cross-ripping includes areas in between tree and plant pits.

2. Upon completion of cross-ripping apply the amendments as specified in the Soil Preparation Schedule.

C. Uniformly spread and incorporated the materials to obtain a homogeneously blended soil, 6- inches in depth. If amendments are to be added to lower alkalinity / pH / Sodium / SAR values per existing soils report from the Testing Lab, manually water the amended soil / backfill mix using impact sprinklers, hose-end sprinklers, or existing / designed sprinkler system if applicable - to apply 1/2-inch of water over all planting areas.

1. Existing soils with high salinity as determined by the existing soils report from the Test Lab will be required to be similarly manually watered to leach the salts deeper into the soil, amount of water to be determined by the Testing Lab.

D. Plant pits: Use soil which has been amended in the above manner as the backfill mix around the sides of the root balls. See Specification Section Planting for plant pit requirements.

E. Watering: Apply water to areas to be drip irrigated to thoroughly mix in amendments and fertilizers immediately after amending soil, and a minimum of 24-hours prior to planting, unless rain is forecast for that period.

1. Water may be manually applied by spray attachments or impact sprinklers on stands.

2. Connect hose pipes to quick couplers or hose bibs. If neither is available or the main line has not been pressurized, use a portable lawn sprinkler pump connected to a water tank.

3. The cost of watering to mix in amendments is at no additional cost to the Owner.

3.05 FINISH GRADING
A. Finish grade all planting areas smoothly and uniformly, including those indicated to be only mulched on the Drawings.

1. In all planting areas including mulch-only areas, remove all rocks and clods over 1 cubic inch, as well as all construction aggregates and construction gravel.

2. Repair all erosion damage during the construction period.

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B. Unless otherwise shown on the Drawings, all soil finish grades after watering and / or natural settlement shall be 1-inch below finish surface of walks, pavements, and curbs.

3.06 CLEAN UP
A. After completion of all soil preparation operations, remove all trash, excess soil and other debris.

Sweep and wash clean all walks, walls, and pavement. Leave the entire area in a neat, orderly condition.

END OF SECTION
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100% CONSTRUCTION DOCUMENTATION 32 91 16 - 1
SECTION 32 91 16

BIORETENTION SOIL
PART 1 - GENERAL

1.01 RELATED DOCUMENTS
A. General: Drawings and General Provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to the work of this Section.

1.02 DESCRIPTION OF WORK
A. Extent: Furnish all labor, material, equipment, tools, and incidentals necessary for supply, preparation and installation of Bioretention Soil in storm water treatment measures as shown on the Drawings and as specified in this Section.

B. Related work includes but is not limited to:

1. Earthwork and Grading

2. Soil Preparation

3. Bioretention Soil Certification

4. Planting

1.03 STANDARDS AND DEFINITIONS
A. State of California, Department of Transportation Standard Specifications, referred to in this Specification as ‘Caltrans Standard Specifications’.

B. Applicable ASTM International Standards (latest revisions) as they apply to this work and related test methods, including:

1. C33 / C33M Specification for Concrete Aggregates

2. D422 Test Method for Particle Size Analysis of Soils

3. D1557 Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort

4. D2434 Test Method for Permeability of Granular Soils (Constant Head) C. Relative compaction: is defined as the in-place dry density of the compacted soil divided by the laboratory compacted maximum dry density determined in accordance with ASTM D1557, expressed as a percentage.

1.04 SUBMITTALS
A. Samples: Provide one-quart samples each of compost, mulch, and mixed Bioretention Soil to the Owners Representative for review.

B. Certification, signed and dated, in Specification Section Bioretention Soil Certification:

1. Attachment A: Supplier Analysis of Biotreatment Soil Mix

2. Attachment B: Lab Analysis OR supplier/quarry sieve analysis of Sand Component of Biotreatment Soil Mix

3. Attachment C: Lab Analysis of Compost Component of Biotreatment Soil Mix. Include the full analysis report with sample ID and date on testing lab letterhead, along with this attachment.

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C. Compost & Mulch Testing: Laboratory (Lab) seperate analyses for compost & mulch noted above performed by either:

1. Pre-approved Lab – Soil Control Lab, 42 Hangar Way, Watsonville, CA 95076, (831)724- 5422

2. A Lab that is enrolled in the US Composting Council Compost Analysis Proficiency (CAP) program and using approved Test Methods for the Evaluation of Composting and Compost (TMECC). Lab qualifications:
a. Address, phone number, email address.
b. Qualifications of Lab personnel
c. Date of current certification by STA, ASTM, or approved equal.

3. Quality analysis results for compost performed by an independent STA Program approved lab in accordance with US Composting Council's Seal of Testing Assurance (STA) standards. Samples are to be taken using the STA sample collection protocol. (Sample collection protocol can be obtained from the U.S. Composting Council, 4250 Veterans Memorial Highway, Suite 275, Holbrook, NY 11741, (631)737-4931 www.compostingcouncil.org).

4. Organic content test results of mixed Bioretention Soil: Organic content test shall be performed in accordance with by Testing Methods for the Examination of Compost and Composting (TMECC) 05.07A, "Loss-On Ignition Organic Matter Method".

5. Tests must be conducted within 120 calendar days prior to the installation date of bioretention soil in the Project site.

6. The Owners Representative reserves the right to reject the analysis from an alternate soil testing lab without prior approval.

7. Pay for all testing fees from the Lab for all tests specified herein.

8. Do not deliver any soil or amendment material to the site without approval by the Owners Representative.

D. Permeability (Laboratory) Testing: Certificate from an independent testing laboratory for a Constant Head Permeability Test complying with ASTM D2434.

E. Other Testing: Laboratory analysis for bioretention soil texture and amendments if required:

1. Waypoint Analytical (formerly Soil & Plant Laboratory) 4741 E Hunter Ave Suite A, Anaheim, CA 92807, (714)282-8777 or prior approved equal.

2. The Owners Representative reserves the right to reject the analysis from an alternate soil testing lab without prior approval.

3. Do not deliver any soil or amendment material to the site without approval by the Owners Representative.

4. Pay for all testing fees from the Lab for all tests specified herein.

1.05 REVIEWS
A. See Specification Section Soil Preparation.

PART 2 - PRODUCTS

2.01 BIORETENTION SOIL
A. General: Bioretention soil to have sufficient moisture and nutrients to support healthy vegetation.

B. Composition: a mixture of 60%-70% sand, and 30%-40% compost, measured on a volume basis.

1. Bioretention Soil may be prepared on site, or Contractor may elect to provide it pre-mixed to the Project.

C. Permeability: Bioretention Soil mixture to show a minimum permeability of 10 inches / hour in saturated condition per ASTM 2434.

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D. Approved Suppliers of pre-mixed Bioretention Soil: pre-approval does not release the compost supplier from complying with this Specification including submittal requirements.

1. Vision Recycling, Fremont, CA (510) 429-1300

2. TMT Enterprises, San Jose, CA (408)432-9040

3. Lennnox Blend, by L.H.Voss Materials Inc, Concord, CA

4. Approved Equal
E. Depth: minimum 18” (eighteen-inches) depth unless otherwise noted on the Drawings.

2.02 SAND
A. General: free of wood, waste, coating such as clay, stone dust, carbonate, etc., or any other deleterious material. All aggregate passing the No. 200 sieve size shall be non-plastic.

B. Grain size / texture: ASTM D422. All sands conforming to ASTM C33 for fine aggregate comply with these gradation requirements.

Sieve Size Percent Passing (by weight)
Min Max
3/8” 100% 100%
No.4 90% 100%
No.8 70% 100%
No.16 40% 95%
No.30 15% 70%
No.40 5% 55%
No.100 0% 15%
No.200 0% 5%

2.03 COMPOST
A. General: a well decomposed, stable, weed free organic matter source derived from waste materials including yard debris, wood wastes or other organic materials. Manure or bio-solids in the compost is not permitted.

1. Meet the standards developed by the US Composting Council (USCC), and becertified through the USCC Seal of Testing Assurance (STA) Program.

B. Approved Suppliers: pre-approval does not release the compost supplier from complying with this Specification including submittal requirements.

1. Vision Recycling, CA (510) 353-6030, www.visionrecycling.com

2. Zanker Recycling, San Jose, CA, (408) 263-2385, www.zankerrecycling.com

3. Republic Services, Fremont, CA www.republicservices.com

4. Approved Equal
C. Feedstock materials: as specified by the compost supplier and include one or more of the following - landscape/yard trimmings, grass clippings, food scraps, and agricultural crop residues.

D. Quality Analyses (Lab Reports) for compost (items 1-12), and mulch (items 8-12)

1. Nutrient Content: provide analysis detailing nutrient content including N-P-K, Ca, Na, Mg, S, and B.
a. Total Nitrogen content 0.9% or above preferred.
b. Boron: Total < 80 ppm (mg/Kg)

2. Moisture Content: between 30% - 55% of dry solids.

3. pH: between 6.5 and 8. May vary per requirements of plant species.

4. Bulk density: between 500 and 1100 dry Ibs/cubic yard (18.5 – 40.7 lbs/cu.ft)

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6. Organic Matter Content: 35% - 75% by dry wt.

7. Carbon and Nitrogen Ratio: C:N >15:1 and < 25:1

8. Maturity/Stability: dark brown color and a soil-like odor. Compost exhibiting a sour or putrid smell, containing recognizable grass or leaves, or is hot (120F) upon delivery or re-wetting is not acceptable. In addition any one of the following is required to indicate stability:
a. Oxygen Test < 1.3 02 /unit TS /hr
b. Specific oxy. Test < 1.5 02/ unit BVS /
c. Respiration test < 8 C / unit VS / day
d. Dewar test < 20 Temp. rise (Celsius)
e. Solvita® > 5 Index value

9. Toxicity: anyone of the following measures is sufficient to indicate non-toxicity. a. NH4- : N03-N < 3
b. Ammonium < 500 ppm, dry basis
c. Seed Germination > 80 % of control
d. Plant Trials > 80% of control
e. Solvita® > 5 Index value

10. Select Pathogens: Salmonella <3 MPN/4grams of TS, or Coliform Bacteria <10000 MPN/gram.

11. Inerts: relatively free of inert ingredients, including glass, plastic and paper, < 1 % by weight or volume.

12. Trace Contaminants/Metals (Lead, Mercury, Etc.): must pass US EPA, 40 CFR 503 regulations.

E. Weed seed/pathogen destruction: provide proof from the compost supplier, if requested by the Owners Representative, of process to further reduce pathogens (PFRP). For example, turned windrows must reach min. 55C for 15 days with at least 5 turnings during that period.

2.04 SOIL TEXTURE
A. Soil texture: sieve analysis for particle size distribution, in accordance with ASTM D422 or as approved by local agency), and meet the following gradation below:

Sieve Size Percent Passing (by weight)
Min Max
1-inch 99% 100%
1/2-inch 90% 100%
1/4-inch 40% 90%
No.200 2% 10%

2.05 MULCH
A. Aged mulch / compost mulch.

1. Pathogen free / weed free as specified for compost above, free of inorganic impurities, with a dark brown to black color and semi-fine (1/2”-1-1/2”) texture.

B. Approved Suppliers: pre-approval does not release the supplier from complying with this Specification including submittal requirements.

1. Midnight Composted Mulch, supplied by Vision Recycling, CA (510) 429-1300

2. Prior-approved Equal

2.06 PERMEABLE AGGREGATE
A. Permeable Aggregate Base: Class 2 Permeable, three fourths inch (3/4”) maximum, gradation in accordance with Caltrans Standard Specifications 68-2.02F (3), thickness as shown on the Drawings.

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Sieve Size Percent Passing
1” (25.0 mm) 100%
3/4” (19.0 mm) 90-100%
3/8” (9.5 mm) 40-100%
#4 (4.75 mm) 25-40%
#8 (2.36 mm) 18-33%
#30 (600 um) 5-15%
#50 (300 um) 0-7%
#200 (75 um) 0-3%
R-value 78 Min.

Sand Equivalent CTM# 217 75 Min.

Durability Index CTM #229 Fine 40 Min.

Coarse 40 Min.

Class 2 Permeable Material shall be an imported material consisting of durable crushed rock or gravel and sand that is free from slaking and decomposition under the action of alternate wetting and drying.

PART 3 - EXECUTION

3.01 GENERAL
A. Prevent over-compaction of native soils in the Bioretention facility. Delineate the facility area as outside the limit of disturbance and keep construction traffic off. Protect soils with fencing, plywood, etc.

B. Provide erosion control if necessary in the contributing drainage areas of the facility. Stabilize upslope areas. Do not use bio-retention facilities as sediment control facilities.

C. If drainage is to be allowed through the facility during construction, leave or backfill at least 6" above the final grade. Temporarily cover the under drain with plastic or fabric. Line or mulch the facility.

D. Verify that Bioretention Soil meets this specification prior to delivery.

E. Install the permeable aggregate drainage layer and perforated pipe under drain as shown on the Drawings, or if by other sub-contractor, then verify that installation of the drainage layer and perforated pipe under drain is correct prior to placing Bioretention Soil.

F. Limits and Grades: Prior to installing prepared Bioretention Soil, request a review by the Owners Representative to verify grading work completed to date and verify specified limits of Bioretention Soil.

G. If mixing bio-retention media onsite, use an adjacent impervious area or on plastic sheeting to prevent contamination by other materials and soil.

3.02 BIORETENTION SOIL PLACEMENT
A. Do not excavate, place soils, or amend soils during wet or saturated conditions.

B. If required, or as determined by the Owners Representative, rip or scarify the bottom soils to promote greater infiltration or excavate any sediment that may have built up during construction.

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C. Place Bioretention Soil in 12" lifts with machinery operated adjacent to, and not in, the Bioretention facility. If working within the facility, avoid over compaction of the soil, using light weight, low ground-contact pressure equipment.

D. Allow Bioretention Soil lifts to settle naturally, and achieve 83%-87% relative compaction. Review the method to achieve required compaction with the Owners Representative before the Bioretention Soil is installed.

1. Bioretention Soils may alternatively be compacted by lightly watering until soils are just saturated. Allow for extra time to let soils dry between each lift. Note that Bioretention Soil cannot be worked when saturated.

E. After all lifts are placed, wait a few days to check for settlement, and add additional material as needed to meet the finished grades as shown on the Drawings.

F. Verify Bioretention Soil elevations before applying mulch or installing plants.

G. Install mulch over all Bioretention Soil areas with the exception of hydroseeded areas. See Specification Section Planting for mulch thickness.

3.03 PERCOLATION (PERMEABILITY) FIELD TESTING
A. If required by the Owners Representative in addition to the specified laboratory test, demonstrate in-situ percolation of each Bioretention Soil area for design storm flows through the installed soil.

The material shall have an on-site tested percolation rate of 10-inches per hour initial rate and minimum 5-inches per hour sustained rate.

1. Install a 1-foot diameter pipe, 2.5 feet long, driven 1.5 feet deep into the Bioretention Soil area for the field percolation test.

2. Fill the pipe with 1 foot of water after the Bioretention Soil area has been wetted.

3. The pipe should empty 1 foot of water above the wetted soil layer in no less than 1 hour and 12 minutes, and no longer than 2 hours and 24 minutes.

4. If the in-situ test fails then remove and reinstall the entire soil within the Bioretention Soil area(s).

3.04 FINISH GRADING
A. See Specification Section Soil Preparation for finish grade requirements if Bioretention Soil is part of, or adjacent to, planting areas.

3.05 PROTECTION
A. Direct drainage away from Bioretention facilities until upslope areas are stabilized, if applicable.

END OF SECTION
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100% CONSTRUCTION DOCUMENTATION 32 91 19 - 1
SECTION 32 91 19

BIORETENTION SOIL CERTIFICATION

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Attachment C
Lab Analysis of Compost Component of Biotreatment Soil Mix The table below shall be completed by the laboratory conducting the compost analysis.

Name of Person Filling Out This Form: Signature:

Title:  Date:

Phone:  Email:

Company:  City:

Street Address:  Zip:

Qualifications & relevant certifications:
(STA, ASTM or approved equivalent certification)
Specification  Standard  Testing Results  Pass  Fail
Organic Matter Content
35% ‐ 75%
(by dry weight)
%
Carbon‐to‐Nitrogen Ratio  15:1 to 25:1 (C:N) C:N
Salinity  < 6.0 mm hos/cm mm hos/cm
pH  6.5 ‐  8 pH
Bulk Density  500 –  1100 dry lbs / yd3dry lbs / yd3
Moisture Content  30%‐55% (of dry solids) %
Percent inert ingredients
(incl. plastic, glass, paper)
< 1%
(by weight or volume)
%
Provide the results of at least one of the following analyses to indicate compost stability:

Specification Standard  Testing Results  Pass  Fail
Oxygen Test  < 1.3 02 /unit TS/hr  02 /unit TS/hr
Specific Oxygen Test   < 1.5 02/unit BVS/hr  02/unit BVS/hr Respiration Test  < 8mg CO2‐C/g VS/day  mgCO2‐C/g VS/day Dewar test  < 20 ˚C Temp. rise e.  ˚C Temp. rise e.

Solvita® Index value  > 5 Index value Index value
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END OF SECTION
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SECTION 32 9213

HYDROSEEDING
PART 1 - GENERAL

1.01 RELATED DOCUMENTS
A. Drawings and General Provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to the work of this Section.

1.02 DESCRIPTION OF WORK
A. Extent: Furnish all labor, material, equipment, tools, and incidentals necessary for hydroseeding erosion control and bioswale areas as shown on the Drawings, and as specified in this Section.

B. Related work includes but is not limited to:

1. Soil Preparation

1.03 QUALITY ASSURANCE
A. Cellulose Fiber shall be certified to indicate that laboratory and field testing of the product has been accomplished and meets all requirements specified herein based on testing. Weight specifications from the supplier for this material shall refer only to air dry weight of the fiber material.

B. Seed shall be delivered in original sealed packages bearing supplier’s certificate – lab analysis for purity, germination, weed seed content, and inert material. Seed bags shall include manufacturer’s tags in conformance with Federal Seed Act (FSA) and applicable state laws. Wet, moldy, or otherwise damaged seed will be rejected by the Owner’s Representative.

C. Seed Suppliers:

1. Pacific Coast Seed
533 Hawthorne Place
Livermore, CA 94550
(925) 373-4417
www.pcseed.com
D. Fertilizers and manufactured amendments are to be delivered to the site in the original, unopened containers, each bearing the manufacturer's guaranteed analysis. Materials which become caked or contaminated making them unsuitable for use will not be accepted.

1. Fertilizers shall comply with the requirements of the Fertilizing Materials Inspection Program of the California Department of Food and Agriculture.

E. Hydraulic equipment used for the application of the fertilizer, seed and slurry of prepared wood pulp is subject to approval by the Owners Representative.

1.04 SUBMITTALS
A. Documents:

1. Qualifications / current licenses / previous experience of the hydroseeding company.

2. Description of hydraulic equipment proposed to be used.

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3. Hydroseeding Schedule. For projects with non-continuous installations of hydroseed, submit all proposed installation dates. See discussion for non-irrigated hydroseed elsewhere in this Specification.

4. Dated letter from the seed supplier indicating availability of proposed seed mix and sources, and suggested substitutions if any.

5. Product cut-sheets on any fiber, fertilizer, tackifier, inoculant, etc.

6. Prior to installation - seed labels for each native plant species in the supplied hydroseed mix.

B. Samples:

1. Fiber: 4 oz sample – if not a pre-approved product as noted. For pre-approved products submit only product data sheet.

2. Tackifier / binder: 4 oz sample – if not a pre-approved product as noted. For pre-approved products submit only product data sheet.

C. Delivery tags for fiber, binder, fertilizer, seed, and inoculant as delivered to the Site for the Project.

1.05 REVIEWS
A. See Specification Section Planting
PART 2 - PRODUCTS

2.01 HYDROSEED APPLICATORS
A. General: if the hydroseeding work is part of restoration / mitigation planting, then the applicator shall be experienced in working under such conditions as stipulated by the permitting agency.

B. Pre-approved applicators:

1. Superior Hydroseeding, Inc. Watsonville, CA (831) 763-1811, www.superiorhydroseeding.net. Contact Morgan Kost / Jeff Kost.

2. Freedlun Hydroseeding Inc., Vacaville, CA (707) 448-9423.

C. Approved Equal.

2.02 MATERIALS
A. Seed Mixes: in general, shall be from the local watershed of the project or watershed with similar climate conditions. For the Monterey area, coastal watersheds of Santa Cruz, San Mateo, San Francisco, Sonoma and Mendocino counties may be considered.

1. Erosion Control Grass Mix:

Botanical Name Rate: lbs/acre % Pure % Germ
Bromus carinatus 8 95 85
Eschscholzia californica ‘Maritima’ 2 95 85
Elymus glaucus 12 95 85
Elymus multisetus 6 95 85
Nassella pulchra 10 95 85
Sisyrinchium bellum 2 95 85
Total 40

2. Bioswale Grass Mix:

Botanical Name Rate: lbs/acre % Pure Min % Germ
Deschampsia cespitosa ‘Holciformis’ 8 95 85
Hordeum brachyantherum 12 95 85
Leymus triticoides 12 95 85
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Muhlenbergia rigens 5 95 85
Sisyrinchium californicum 3 95 85
Total 40
B. Fiber: 100% virgin natural wood fiber mulch, free from synthetic paper or plastic materials, and atmospherically processed.

1. Fiber must disperse into a uniform slurry when mixed with water.

2. Colored with a non-toxic, water-soluble green dye to provide a proper visual gauge for metering of material over ground surfaces.

3. Manufactured in such a manner that after addition and agitation in slurry tanks with fertilizer, seed, water and other approved additives, the fibers in the material will become uniformly suspended to form a homogeneous slurry; and that when hydraulically sprayed on the ground, the material will form a blotter-like ground cover impregnated uniformly with seed; and which after application, will allow the absorption of moisture and allow the rainfall to percolate to the underlying soil.

4. Materials that inhibit germination or growth will not be permitted in the mixture.

5. Pre-approved atmospherically processed wood products: Second Nature Wood Fiber by Profile Products.

C. Fertilizer:

1. For seed mix areas: Biosol Forte 7-2-1 (N-P-K) as manufactured by Rocky Mountain Bio Products www. rockymtnbioproducts.com, and distributed by Pacific Coast Seed, Inc.

Tracy, CA (925) 373-4417 and S&S Seeds, Carpinteria, CA (805) 684-0436.

D. Tackifier/Binder: 100% psyllium fiber drived from the outer coating of the plantago seed. Available in powder form and packed in clearly marked bags stating the contents of each package. The tackifier will require no curing time, shall remain soft and rewettable, and shall not inhibit seed germination. All ingredients shall be biodegradable. Pre-approved products:

1. Ecology Control M-Binder by S&S Seeds, Inc, Carpinteria, CA (805)684-0436

2. Plantago Binder by Northstar Impex Corpn. Moreno Valley CA (951)486-0441.

3. Approved equal.

E. Mycorrhizal Inoculant: for naturalized areas – AM 120 Standard by Reforestation Technologies International (RTI), Gilroy CA, (408) 848-9604, and distributed by Pacific Coast Seed, Inc. Tracy, CA (925) 373-4417 and S&S Seeds, Carpinteria, CA (805) 684-0436.

F. Equipment: Use hydraulic equipment with a built-in agitation system and operating capacity sufficient to agitate, suspend and mix homogeneously the slurry mixture.

1. Slurry distribution lines are to be large enough to prevent stoppage.

2. Discharge line is to be equipped with a set of hydraulic spray nozzles capable of providing a continuous non-fluctuation discharge and delivery of the slurry in the prescribed quantities uniformly, without misses, waste, or erosion.

3. Slurry tank with a minimum capacity of 500 gallons and mounted on a traveling unit which may be either self-propelled or drawn with a separate unit which will place the slurry tank and spray nozzle within sufficient proximity to the areas to be seeded so as to provide uniform distribution.

4. If using equipment with smaller tank capacity then demonstrate to the Owners Representative that it has the necessary agitation system and sufficient pump capacity to spray the slurry in a uniform coat.

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2.03 CHEMICALS
A. Insecticides, fungicides, herbicides registered with the California Department of Pesticide Regulation (DPR) and recommended by licensed Pest Control Operator and approved by the Owners Representative.

1. Post-emergent broad-leaf herbicides:
a. Selective herbicide, Speedzone or approved equal. Note: this product is stated by its manufacturer to be harmful to aquatic life and is not permitted to be used on areas draining directly to aquatic / riparian areas.
b. Rodeo, Round-up Custom or approved equal. These herbicides are permitted to be used in aquatic / riparian areas per the manufacturer’s instructions. They are nonselective herbicides so only spot-treatment with extreme care is permitted.

PART 3 - EXECUTION

3.01 GENERAL
A. Carry out hydroseeding during a windless period using approved equipment and materials.

B. Preparation of Surfaces: At the time of hydroseeding the surfaces shall be even and free of deleterious material and weeds and cultivated per Specification Section Soil Preparation. Ensure that soil is moist to a depth of at least 1/2".

3.02 SCHEDULE (NON-IRRIGATED HYDROSEED)
A. Hydroseeding between October 15th and December 15th, within five days of the first rainfall of the season, is required. If not within this period, carry out the following:

1. December 16th to April 15th – after hydroseeding, depending on the ground moisture, provide supplemental water as required to germinate and establish the hydroseed at no additional cost to the Owner.

3.03 CHEMICALS
A. Herbicides: Verify compatibility, dosage and other application procedures with the manufacturer.

All chemicals shall be applied by a pest control operator licensed in the State of California.

1. Do not use chemicals stated by their manufacturers to be harmful to aquatic life in any areas draining directly to aquatic / riparian areas.

2. Do not mix the herbicide with surfactants in dry upland areas.

B. After cross-ripping / loosening the soil per Specification Section Soil Preparation, and after weed germination from first rains or water applied for establishment - spray naturalized areas with postemergent herbicides. Spray weeds prior to going to seed and that are at least 2" tall, over a minimum of two weeks. Upon weed kill, apply hydroseeding a minimum of 4 weeks after last herbicide application.

3.04 MIXING
A. With agitation system operation at part speed, add water to the tank, and establish good circulation. Add materials in such a manner that they are uniformly blended into the mixture. Add the seed first; then fiber. Do not add the fiber until the tank is at least one-third filled with water.

Agitate the mixture at full speed when the tank is two-thirds to three-fourths full.

1. Do not allow seed to remain in the seeder longer than one hour. Seed kept longer will be rejected by the Owners Representative, disposed of off-site, replaced at no additional cost to the Owner.

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2. A dispersing agent may be added, provided that documented evidence if furnished that the additive is not harmful to the mixture.

B. Mixing / Application Rates per Acre:

Grass Mix Areas: (One-Stage Application)
Fiber 2,000 lbs.

Seed As specified above
Fertilizer: Biosol Forte 1000 lbs / 2000 lbs (SELECT ONE higher value for non-amended
soils)
Tackifier/Binder Per manufacturer’s recommendations
Water As needed for application

3.05 APPLICATION
A. Apply the hydroseed slurry within one hour of mixing, with a sweeping and arched technique with no slumping or shadowing to insure uniform coverage and to ensure that material is spread evenly at the required rate as noted above.

B. Apply the hydroseed in one-stage as specified under Mixing in this Specification.

C. Wherever possible, locate equipment outside of the hydroseeded areas to minimize compaction.

Do not allow hydroseeding equipment on to bioretention areas. Take preventive measures to avoid damage to adjacent vegetation.

3.06 CLEAN-UP AND REPAIR
A. Remove all trash, seed containers, and ancillary material in and adjacent to the hydroseeded areas on completion of hydroseeding and leave the work area in a neat and orderly manner.

B. Following application and clean-up minimize all activity on the hydroseeded areas.

C. Re-apply hydroseed according to this Specification, and at no additional cost to the Owner, to any bare spots prior to final acceptance by the Owners Representative.

END OF SECTION
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100% CONSTRUCTION DOCUMENTATION 33 40 00 - 1
SECTION 33 40 00

STORM DRAINAGE UTILITIES
PART 1 - GENERAL

1.01 SUMMARY
A. Section includes:

1. Storm drain pipe and fittings

2. Manholes, cleanouts, inlets, and other appurtenances

1.02 RELATED REQUIREMENTS
A. Section 017123 – Field Engineering
B. Section 312213 – Earthwork
C. Section 312333 – Trenching

1.03 REFERENCES
A. California Building Standards Code (CBSC), 2022 Edition.

B. ASTM C478 – Standard Specification for Precast Reinforced Concrete Manhole Sections C. ASTM C 1244 – Standard Test Method for Concrete Sewer Manholes by the Negative Air Pressure (Vacuum) Test Prior to Backfill
D. ASTM D2241 – Standard Specification for Poly(Vinyl Chloride) (PVC) Pressure-Rated Pipe (SDR Series)
E. ASTM D 2321 – Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity-Flow Applications
F. ASTM D 3034 – Standard Specification for Type PSM Poly(Vinyl Chloride) (PVC) Sewer Pipe and Fittings
G. ASTM D3212 – Standard Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals
H. ASTM D2751 – Standard Specification for Acrylonitrile-Butadiene-Styrene (ABS) Sewer Pipe and Fittings
I. ASTM F1668 – Standard Guide for Construction Procedures for Buried Plastic Pipe

1.04 SUBMITTALS
A. Submit testing results for proposed bedding, backfill and drain rock to the ARCHITECT and GEOTECHNICAL ENGINEER at least 2 weeks prior to proposed use.

B. Submit samples of proposed bedding, backfill and drain rock to the GEOTECHNICAL ENGINEER at least 2 weeks prior to proposed use.

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C. Submit manufacturer cut sheets for piping and appurtenances to the ARCHITECT.

D. Submit concrete mix design and shop drawings for any cast-in-place concrete structures proposed.

PART 2 - PRODUCTS

2.01 BEDDING AND BACKFILL
A. Pipe bedding and initial backfill: Clean Sand in accordance with Section 312333, or native material if approved by the GEOTECHNICAL ENGINEER.

B. Final backfill: Clean Sand in accordance with Section 312333, or native material if approved by the GEOTECHNICAL ENGINEER.

2.02 STORM DRAIN PIPE
A. 4" and 6" pipe: Rubber gasketed PVC gravity sewer pipe conforming to ASTM D-3034, SDR 35 or SDR 26.

2.03 CONCRETE DRAINAGE STRUCTURES
A. Cast in place concrete and precast concrete drain inlets shall conform to Section 51, "Concrete Structures", Section 52 "Reinforcement", Section 70 "Miscellaneous Drainage Facilities", and Section 75 "Miscellaneous Metal" of the Standard Specifications, and these Specifications.

B. Concrete drainage inlets shall be precast units conforming to the details shown on the plans.

C. Concrete manholes shall be precast units conforming to ASTM C 478 and the details shown on the plans
D. Precast unit joints shall be sealed with preformed butyl rubber joint sealant conforming to ASTM C-990.

E. Pipe connections to concrete structures shall be fitted with a flexible, watertight elastomeric gasket conforming to ASTM C-923 (for PVC pipe), or ASTM F-2510 (for HDPE Type 'S' pipe).

F. The flow line of concrete inlets, whether precast or cast in place, shall be formed in the field to provide a smooth flow line with bench at the pipe spring line. The invert paving thickness in precast structures shall be at least 3" below the bottom of the lowest pipe.

G. Structures, grates, and covers shall be H-20 load rated if located in vehicular areas, and pedestrian load rated otherwise.

H. Cast-in-place concrete may be utilized in lieu of specified precast units only if approved by the ENGINEER. Contractor shop drawings shall be required for approval for any cast-in-place concrete.

I. ADA-compliant grates shall have less than 1/2" clear between bars, and the openings shall be aligned perpendicular to the path of travel. All grates within pedestrian areas shall be ADAcompliant.

2.04 GEOTEXTILE FABRICS
A. Filter fabric: as indicated on the Drawings or in the Geotechnical Report.

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1. If not indicated, submit Mirafi 140N or equivalent for approval by the GEOTECHNICAL ENGINEER.

B. Other geotextile fabrics: as indicated on the Drawings or in the Geotechnical Report.

1. If not indicated, submit type appropriate for the intended use for approval by the

GEOTECHNICAL ENGINEER
C. Filter fabric is not used on subsurface drains constructed of Class 2 Permeable Material.

2.05 DRAIN ROCK
A. Caltrans Permeable Material Class 1A, 1B or 2, as indicated on the Drawings. If not indicated, submit Class 2 for approval.

2.06 ACCESSORIES
A. Provide warning tape as specified in Section 312333 – Trenching PART 3 - EXECUTION

3.01 GENERAL
A. All work shall be in accordance with:

1. The California Plumbing Code

2. Product manufacturer’s recommendations

3. ASTM D 2421

3.02 TRENCHING
A. Perform trenching in accordance with Section 312333.

3.03 PIPE COVER
A. Top of pipe to finished grade shall be 36 inches minimum for pipe located within vehicular areas, unless otherwise indicated on the Drawings or approved by the Engineer.

1. Pipes which are located within paved areas and with less than 24” of cover measured from the top of pipe to the finished pavement grade shall be backfilled with minimum 2,500 psi concrete to 6” above the top of pipe. Pipe shall be adequately restrained to prevent floatation or movement during backfillingF

3.04 TESTING
A. Following placement and compaction of backfill, and prior to the placement of permanent pavement, storm drains shall be cleaned and videoed to verify that the pipeline is free from obstructions (deflections, joint offsets, lateral pipe intrusions, etc.).

END OF SECTION
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Addendum #3 - Lincoln Cunningham Park Improvements Page 1 of 2

NOTICE INVITING BID
Lincoln Cunningham Park Basketball Court Improvements
ADDENDUM No. 3
May 10, 2023
Addendum No. 3 is being issued for additions to the Contract Documents for the Lincoln Cunningham Park Improvements.

The revisions declared in this addendum are an essential element to the Contract Documents.

REVISIONS

1. REMOVE DOCUMENT 00 1113 NOTICE INVITING BIDS, Article 1.01 and REPLACE with the following:

Notice Inviting Bids: Owner will receive sealed Bids at The Office of the City Clerk, City of Seaside City Hall, 440 Harcourt Ave., Seaside, California 93955, until 3:30 PM on Monday May 15th for the following public work:

CITY OF SEASIDE

LINCOLN CUNNINGHAM PARK BASKETBALL COURT IMPROVEMENTS
located at

SAN PABLO AVENUE BETWEEN YOSEMITE STREET AND LINCOLN STREET, SEASIDE CA

2. REVISE DOCUMENT 00 4513 – 3 STATEMENT OF QUALIFICATION, Part A:

GENERAL INFORMATION as follows:

6. Has Bidder attached copies of its reviewed or audited financial statements and Yes ___ No ___ accompanying notes for the last three years? Bidder may be disqualified if any answer to questions 1, or 2, or 6 is No.

3. REVISE DOCUMENT 00 2113 1.04.A as follows:

Bidders must direct all questions about the meaning or intent of Bidding Documents to Owner in writing no later than the 10th day preceding the date set for the receipt of bids.

No addenda will be issued to Bidders after the 2nd day 24 hours preceding the date set for the receipt of Bids. Interpretations or clarifications considered necessary by Owner in response to such questions will be issued by written Addenda and posted to the City’s website. It is the Contractors responsibility to check the City’s website for Addendums.

Owner may not answer questions received less than ten Days prior to the date for opening Bids.

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SHEET
OF
SCALE:

DRAWN:

JOB No.: SUBMITTAL / REVISION Civil Engineering Land Surveying 6 Harris Court Monterey, California 831.649.5225 whitsonengineers.com 1" = 20'
CNJ
2071.28 1 1 LINCOLN CUNNINGHAM PARK TOPOGRAPHIC MAP Seaside, California APN: 012-621-047 NOT FOR CONSTRUCTION I N E E S O N W E N I T H S G R

ABBREVIATIONS
LEGEND
TOPOGRAPHIC MAP NOTES:

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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.H.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: June 1, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL

SERVICES AGREEMENT WITH WALLACE GROUP FOR

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES

FOR THE LINCOLN CUNNINGHAM PARK BASKETBALL COURT

IMPROVEMENT PROJECT FOR AN AMOUNT NOT TO EXCEED
$69,801.00

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with Wallace Group to perform construction management and inspection services for the Lincoln Cunningham Park Basketball Court Improvements Project for an amount not to exceed $69,801.00.

BACKGROUND
Lincoln Cunningham Park is just north of San Pablo Avenue between Yosemite Street and Lincoln Street. Council approved the replacement of the basketball court, referred to as the Lincoln Cunningham Park Basketball Court Improvement Project. The project includes the demolition of an existing half basketball court, rock walls, and pavement, and construction of a new full size high school regulation basketball court with two basketball posts with backboard and hoop, court striping, site furnishings, and stormwater control measures.

The project was designed by BFS Landscape Architects. The City Council reviewed the park concept plan and provided guidance on February 3, 2022. The project was released for construction bids on April 20, 2023, and bids were due on May 15, 2023. At this June 1, 2023 Council Meeting, the City Council is considering awarding a construction contract for the project to Monterey Peninsula Engineers.

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Item No. 8.H. Page 2 of 3
The project is scheduled to take 90 calendar days to complete and requires daily oversight of the contractor. The City does not have the personnel resources to support the project at this time. The Wallace Group (Wallace) is on the City’s list of On-Call Engineering Consultants. Wallace provided construction management and inspection services for the Ellis Park Improvements Project, which recently completed construction and is in the close-out phase. At the request of the City, Wallace submitted a proposal to provide construction management and inspection services. The services include preconstruction coordination, submittal review coordination, contractor coordination, response to contractor's request for information, processing change order requests, quantity calculations, progress estimates, daily inspections, site documentation, materials testing coordination, and project closeout. Wallace Group will retain Earth Systems for geotechnical inspection and testing. Staff has reviewed the proposal and finds the scope and fee acceptable.

Staff recommends adopting a resolution authorizing the City Manager to execute a Professional Services Agreement with Wallace Group for an amount not to exceed $69,801.00 for construction management and inspection services for the Lincoln Cunningham Park Basketball Court Improvements Project.

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

FISCAL IMPACT
At this June 1, 2023 Council Meeting, the City Council will consider approving a project budget amendment of $164,752.00 revising the total project budget for the Lincoln Cunningham Park Basketball Court Improvements to $481,660.00.

The professional services agreement for Wallace Group to perform construction management and inspection services for the Lincoln Cunningham Park Basketball Court Improvements Project is for a not to exceed amount of $69,801.00. An approximate 15% contingency adds $10,470.10 for a total of $80,271.00 for construction management and inspection services. The current total fiscal year 2022/2023 adjusted budget for the Lincoln Cunningham Park Basketball Court Improvements Project (account no. 342-8910-9578) is $316,908.00. Currently, there are encumbrances of only $36,600.00 for a professional services agreement with BFS Landscape Architects for design.

ATTACHMENTS
Packet Page 315

Item No. 8.H. Page 3 of 3

1. Resolution

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH WALLACE

GROUP FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES

FOR LINCOLN CUNNINGHAM PARK BASKETBALL COURT IMPROVEMENTS PROJECT FOR AN AMOUNT NOT TO EXCEED $69,801.00
WHEREAS, the Lincoln Cunningham Park Basketball Court Improvements Project (Project) is adopted in the fiscal year 2022/2023 Capital Improvement Program (CIP) annual budget; and
WHEREAS, Wallace Group (Wallace) is on the City approved list of design consultants to perform professional and technical services for implementation of the CIP; and
WHEREAS, on January 30, 2023, the City Council approved a budget amendment of $66,908.00 to the project for a total budget of $316,908.00; and WHEREAS, the project was released for construction bids on April 20, 2023, and bids were due on May 15, 2023; and
WHEREAS, Monterey Peninsula Engineering was determined to be the lowest responsive and responsible bidder with a bid of $325,990.00.

WHEREAS, the project requires daily inspections, support to review submittals and respond to request for information submitted by the contractor during construction and the city does not have the staffing resources to support this project; and WHEREAS, Wallace submitted a proposal to perform construction support and inspection services for the Lincoln Cunningham Park Basketball Court Improvements Project from pre-construction through project closeout in the amount of $69,801.00; and WHEREAS, an amount of $10,470.00 contingency, approximately 15% of the contract value, should be authorized on an as required basis; and WHEREAS, staff has determined the scope of work and fee of the Wallace proposal are reasonable; and
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute the Professional Services Agreement with Wallace Group to perform construction management and inspection services for the Lincoln Cunningham Park Basketball Court Improvements Project for an amount not to exceed Packet Page 317
$69,801.00 and written amendments such that the total agreement does not exceed $80,271.00.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 1st day of June, 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

LINCOLN CUNNINGHAM PARK BASKETBALL COURT

IMPROVEMENTS

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.

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

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

4. AGENCY MANAGEMENT
Agency’s City Engineer shall represent Agency in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Consultant. Agency’s City Manager shall be authorized to act on Agency's behalf and to execute all necessary documents which Packet Page 319
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enlarge the Tasks to Be Performed or change Consultant's compensation, subject to Section 5 hereof.

5. PAYMENT
(a) The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Six Nine Thousand Eight Hundred and One Dollars ($69,801.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency City Manager and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services.
(c) Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the Agency disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The Agency may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the Agency shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the Agency. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 3.

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

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

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records; shall give Agency the right to examine and audit said books and records; shall permit Agency to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Agency and may be used, reused, or otherwise disposed of by the Agency without the permission of the Consultant. With respect to computer files, Packet Page 321
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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 bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the Packet Page 322
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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
(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 Packet Page 323
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employee of the Agency will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

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

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

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

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

Zach Teske 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 Zach Teske 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
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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 D hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit A hereto. In the event of conflict, the requirements of Agency's Request for Proposals and this Agreement shall take precedence over those contained in the Consultant's proposals.

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

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, PE 66026, Principal
City of Seaside_______________________
A Municipal Corporation
______________________________ Date:_________________
Jaime M. Fontes, City Manager
Attachments: Exhibit A Scope of Work
Exhibit B Fee Schedule
Exhibit C Insurance Requirements
Exhibit D RFQ: On-Call Consultants – Engineering Services Exhibit E Resolution 22-62 On-Call Services
May 25, 2023
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EXHIBIT A

EXHIBIT A

SCOPE OF WORK
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May 19, 2023
Nisha Patel
City of Seaside
440 Harcourt Avenue
Seaside, California 93955
Subject: Lincoln Cunningham Park
Dear Ms. Patel:

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

PROJECT UNDERSTANDING
The City of Seaside (City) is interested in upgrading Lincoln Cunningham Park. The City retained a civil engineering firm, Whitson Engineers (Whitson) and BFS Landscape Architects (BFSLA), to prepare Plans, Specifications, and Estimates (PS&Es) for the proposed upgrades at Lincoln Cunningham Park. The PS&Es for Lincoln Cunningham Park generally consist of Civil and Landscape Architecture plans as Adobe PDF, an Engineer’s Estimate of Probable Construction Cost as Adobe PDF, and project bidding specifications. More particularly the proposed improvements and construction documents for Lincoln Cunningham Park includes the removal of existing sport facilities, paving, planting, and site furnishings. The project includes providing and installing storm drain pipes, structures, and bioretention pond; concrete curbs; hot mix asphalt paving; site furnishings including benches and basketball court equipment; and planting.

Construction Documents provided are as follows:
• Landscaping Plans by BFS (4/20/23, 8 pages)
• Project Manual Specifications (4/20/23, 153 pages)
• Technical Specifications (4/3/23, 137 pages)
• Addendum-1 (5/5/2023, 1 page)
• Addendum-2 (5/9/2023, 1 page)
• Addendum-3 (5/10/2023, 2 pages)
This project includes the construction management services for the park upgrades as shown in the plans outlined above. It is our understanding that the City of Seaside is looking for a construction management firm to manage the contractor, daily operations, and inspections for this project. This proposal is based upon 75 Calendar Days for substantial completion and an additional 15 Calendar Days for final acceptance. This equates to approximately eleven (11) weeks from the Notice to Proceed to Substantial Completion and two (2) additional weeks to Final Acceptance.

SCOPE OF SERVICES
Wallace Group will be using Procore project management software to manage all documentation for this project. Procore will store and track all project plans, specification, RFIs, submittals, inspection reports, photos, and all other project related documents. All of this information will be available to the entire project team in real time.

Given the scope and nature of the project, we envision the following Scope of Services.

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PP23-7858
City of Seaside
May 19, 2023

Task 1: Pre-Construction Phase Services
Wallace Group will provide pre-construction management services as outlined below. This task includes preparation and attendance of up to one (1) 3-hour meeting. We have included 32 hours of professional services to complete the work in Task 1.

Project Review
• Perform review of design plans, specifications, and engineers estimate • Review applicable Standard Specifications, including City Standard Specifications and Plans
• Review contractors bid form, quantities, and payment items Project Communication and Coordination
• Establish Procore Construction Management Software project and provide training to City project staff
• Facilitate project communication and coordination with the City, the design engineer, emergency services, utility providers, property owners, the contractor, and other stakeholders
• Coordinate environmental training and other monitoring and survey requirements • Communicate with property owners and other stakeholders the schedule and other concerns
Pre-Construction Conference
• Prepare agenda, schedule, and facilitate the Pre-Construction Conference with input from the City’s Representative
• Provide sign in sheet for all attendees
• Issue minutes for review and finalize for project record • Review and accept baseline project schedule from the Contractor • Review existing conditions and site constraints
• Work with contractor and City to develop phasing and sequencing plan to minimize impacts, including public notifications and outreach
• Work with contractor to identify and prioritize long lead items that can impact critical path
Pre-Construction Photos
• Prior to the start of construction, collect Pre-Construction photos of project sites
• Photos will be uploaded into Procore in a separate album for review by the project • Review of Contractors Pre-Construction photos uploaded as submittal into Procore
Submittal and Request for Information (RFI) Management
• Utilize Procore to track and review submittals and RFI’s from Contractor and provide comments/acceptance with the project plans and specifications in coordinate review with the City
• We have budgeted for ~ 20 submittals
• Process all submittals in a timely manner and make available to project team • Maintain electronic copies within Procore and hard copies as requested Deliverables:
• Reviewed submittals and submittal log
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May 19, 2023

• Reviewed RFIs and RFI log
• Pre-Construction Photos
• Pre-Construction Conference Agenda and Minutes
Task 2: Construction Phase
Wallace Group will provide construction management services as outlined below. This task includes preparation and attendance of up to thirteen (13) 1-hour meetings. We have included 265 hours of professional services, of which 195 hours are earmarked for on-site construction inspection, to complete the work in Task 2. This equates to approximately five (5) days per week at three (3) hours per visit for construction inspection activities.

Weekly Construction Meeting
• Schedule, develop agenda, and minutes for Weekly Progress Meetings with contractor, City staff, and other necessary entities
Project Schedule
• Monitor project baseline schedule
• Keep stakeholders informed of the construction schedule • Issue Weekly Statement of Working Days
• Review Contractors Three Week Look Ahead Schedule
Change Order Management & Force Account
• Review and qualify contractor requested change orders • Investigate proposed change orders, obtaining the City’s approval prior to work taking place
• Establish and maintain files and documentation for use in change negotiations or potential claims
• Generate project change orders using the City’s template • Document delays or possible changes in work or site condition • Inspector to document Force Account work and review T&M ticket with Contractor at the end of each shift, as applicable
Quantity Calculations and Progress Estimates
• Maintain quantity calculations throughout the project • Coordinate daily reports and quantities with the Contractor, identify and record potential disputes for future reference
• Review monthly Request for Payment, sign, and recommend approval for payment to the City
• Collect delivery and materials tickets for project record Construction Observation/Inspection
• Provide onsite inspections and oversight during construction • Prepare inspection reports, including tracking labor (name, classification, and estimated hours worked), equipment, weather, observations/notes, quantities, and photos. Including conversations or discussions that may be important. » Daily reports to be provided weekly to the City’s Designated Representative or as requested
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May 19, 2023

• Notify the Contractor and 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 Police or other City Departments and may dialogue with the public on-site
• Provided oversight on the requirements of the encroachment permit are performed and documented
• Inspections and oversight include:
» Contractors Means and Methods
» Review Contractors Survey and Layout
» Material Deliveries and Tickets
» Traffic control plans and implementation
» Construction Staging Area
» Site Safety and Signing
» Stormwater Controls
• Review compliance with contract documents
• Record and report design modifications
• Track inspectors set of as-builts for comparison with set provided by the Contractor for project record
• We have budgeted for part-time inspection at an assumed average 3 hours/day.

Inspection time may be adjusted accordingly based on scope of work and contractors activities
Site Documentation
• Maintain photos and documentation throughout the project • All photos and documentation will be maintained in Procore and available to the entire team at all times
Stormwater Compliance and Permits
• Monitor stormwater protection measures throughout the project Safety
• Monitor contractor’s safety practices for compliance with safety program • Utilize the following documents during field safety monitoring program:
• CAL-OSHA Construction safety orders
• Traffic Control Plan
• Contractor safety plan
• Work with contractor to resolve any safety concerns on site • Advise City of any observed or unresolved deficiencies Final Inspection and Punch List
• Schedule punch list walk with the Contractor and City • Observe complete and near complete work for deficiencies • Establish and maintain punch list and track items to resolution • Recommend and approve final payment to Contractor
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City of Seaside
May 19, 2023

Subtask 2.1: Geotechnical Services
Wallace Group will retain Earth Systems from Salinas to provide construction geotechnical services as outlined in the attached (Exhibit A) proposal from Earth Systems dated May 12, 2023. Earth Systems included 53 hours of professional services in their proposal.

Deliverables:
• Weekly Construction Meeting Agendas and Minutes
• Inspector Daily Logs and Photos
• Progress Payment Reviews
• Change Order/Force Account Documentation
Task 3: Post-Construction Phase Services
Wallace Group will provide construction management services as outlined below. This task includes preparation and attendance of up to one (1) 1-hour meeting. We have included 34 hours of professional services to complete the work in Task 3.

As-Built Drawings
• Review as-built drawings with 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 Deliverables:
• Punch List
• Comments and review of Contractors As-Built Drawings
• Project Close Out Documentation (Submittals, RFIs, Daily Logs, Photos, Change Orders, Progress Payments, etc)

ADDITIONAL SERVICES
Wallace Group can provide the following services, directly or through sub-consultants, upon request:
• Labor Compliance

TO BE PROVIDED BY THE CLIENT
• 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:
• Professional engineering services
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May 19, 2023

• Playground compliance (CPSI)
• Construction surveys and staking
• Coordination with utilities
• Preparation of record drawings

PROJECT FEES
Wallace Group will perform the services denoted in Task 1 through 3 above of the proposed Scope of Services in accordance with the attached Standard Billing Rates (Exhibit B). These services will be invoiced monthly on an accrued cost basis, and our total fees, including reimbursables will not exceed our estimated fee of $69,801 without receiving written authorization from the Client.

The estimated fees denoted in Task 2 above are based on prevailing wage rates. If the Client and the California Department of Labor determines that prevailing wage payments are not required, the fees for Task 2 for the tasks above will be adjusted and billed according to the per hour rate of the Standard Wage column on the Standard Billing Rates provided.

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

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 C) 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 professional services. If you would like to discuss this proposal in greater detail, please feel free to contact me or Project Manager, Zach Teske.

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

Kari E. Wagner, PE C66026 ____________________________________ Principal/Director of Water Resources 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: PP23-7858, 2022, std
Exhibit A
Exhibit B
Exhibit C
THIS PROPOSAL IS VALID FOR 60 DAYS FROM THE DATE OF THIS DOCUMENT.

Packet Page 334
BERMUDA DUNES | FREMONT | HOLLISTER | PALMDALE | PASADENA | PERRIS | SALINAS | SAN LUIS OBISPO | SANTA BARBARA | SANTA MARIA | VENTURA May 12, 2023 Proposal No.: SAL-23-05-007
Anthony Lehman, Assistant Resident Engineer
Wallace Group
612 Clarion Court
San Luis Obispo, CA 93401
PROJECT: LINCOLN CUNNINGHAM PARK – BASKETBALL COURT IMPROVEMENTS

SAN PABLO AVENUE EAST OF YOSEMITE STREET

SEASIDE, CALIFORNIA
SUBJECT: Proposal for Construction Inspection and Testing Services Dear Mr. Lehman:

As requested, Earth Systems Pacific (Earth Systems) is submitting herein our construction inspection and testing services proposal for the basketball court improvements at Lincoln Cunningham Park in Seaside, California. This proposal is for geotechnical related consultation, observation, and compaction testing. Additionally, we have also included special inspection services for the two basketball court pier foundations.

We understand that a new basketball court is planned at the northwest portion of Lincoln Cunningham Park. A new bioretention pond is also planned west of the basketball court. The existing play area, currently housing a basketball court and volleyball court, will be demolished along with the associated asphalt pavement, benches, and stone walls. The new basketball courts will be supported by a 30-inch diameter pier footing, approximately 6 feet deep. We anticipate the majority of the geotechnical observation and testing will be related to construction of the basketball courts (pavement and pier foundation observation). Additional compaction testing services are anticipated for the storm drain trench backfilling and flatwork.

Geotechnical Observation, Special Inspection, and Testing Services A construction schedule was not available during preparation of this proposal. The inspection coverages and site visits were estimated based on prior experience with jobs of a similar size and scope, Lincoln Cunningham Park Basketball Court Improvements plan (100% Construction Documents, no date) prepared by BFS Landscape Architects, and provided specifications. Our anticipated services during construction are outlined as follows:

1. Attendance of a preconstruction meeting;

2. Collection of soil samples for laboratory testing to measure dry density variations with moisture content of various soil types (compaction curves); Exhibit A

EARTH SYSTEMS
1514 Moffett Street, Suite A | Salinas, CA 95023 | (831) 240-4624 | www.earthsystems.com Packet Page 335
Lincoln Cunningham Park – Basketball Court Improvements May 12, 2023 Doc. No.: 2305-009.PRP/mg 2 Proposal No.: SAL-23-05-007

3. Measurement of in-place density and moisture content of pavement/flatwork subgrade and aggregate base to evaluate relative compaction testing during backfilling of underground utility trenches;

4. Compaction testing of pavement/flatwork subgrade and aggregate base;

5. Observation and compaction testing of asphalt pavement;

6. Foundation excavation observations;

7. Special inspection of reinforcing, concrete placement and sampling (basketball court pier foundations).

8. Laboratory testing of cast-in-place concrete taken during concrete placement.

9. Preparation of daily inspection reports summarizing the observed grading activities with the results of the in-place field compaction tests performed during the day; and

10. Engineering consultation/scheduling/supervision/project management of the services provided by our firm.

Compaction testing of utility trench backfill, pavement, and flatwork subgrade and aggregate base courses will also be performed on a part-time basis. Field compaction tests will be conducted in accordance with ASTM D 6938 (nuclear test method). Relative compaction will be determined by performing laboratory maximum density and optimum moisture tests in accordance with ASTM D 1557 and comparing it with the field compaction test.

The total cost of these services is dependent upon a number of factors, many of which are beyond our control. Among the cost determining factors are:
• The number of working days required by the contractor to complete each element of work.
• The number of different soil types to be utilized during site grading. • The amount of difficulty encountered by the grading contractor in obtaining the specified compaction of materials.
• Weather and subsurface conditions encountered during grading operations.
• The amount of time our inspection services will be required each day of operation.

Packet Page 336
Lincoln Cunningham Park – Basketball Court Improvements May 12, 2023 Doc. No.: 2305-009.PRP/mg 3 Proposal No.: SAL-23-05-007 FEES
Earth Systems would provide our construction inspection and testing services on a time and material basis per our fee schedule in effect at the time of services.

Our estimated fee to provide Construction Inspection and Testing Services is $8,913.00. Our “Anticipated Scope of Services & Cost Estimate” worksheet is attached for your information and review.

Our actual fee will be based upon a Time and Materials basis per fee schedule in effect at the time of services. Standby time of calls for services not ready will be invoiced on a time and materials basis.

SCHEDULE AND CONDITIONS
The fees and conditions of this proposal will remain in effect for a period of 180 days. As the presence of our personnel at the site will depend upon the contractor's schedule and the progress of the work, the fees presented above are to be considered as estimates only and should not be construed as guaranteed maximum fees. The invoices will reflect the actual charged based on our fee schedule for the amount of time spent and service performed and may be greater or less than the estimated amounts.

Fees for overtime, weekend, and holiday work will be adjusted, and minimum work hours will be applied, in accordance with the State requirements. Night work (before 7:00 AM and after 5:00 PM) and overtime work will be invoiced at a rate of 1.5 times the appropriate rate. Prevailing Wage field time will be subject to a four-hour minimum charge. Hourly fees for fieldwork and travel time will be charged on a portal-to-portal basis from our office in Salinas.

It is our understanding that the project is subject to California Prevailing Wage Law. For your convenience in setting up the project, we have included our DIR registration numbers below.

DIR Public Works Registration Numbers
Legal Name
Registration
Number
License
Type*
Registration
Date
Expiration
Date
Earth Systems Pacific 1000003643 N100143 06/07/2018 6/30/2024 *Professional Corporation License Number assigned by DIR March 27, 2015 Packet Page 337
Lincoln Cunningham Park – Basketball Court Improvements May 12, 2023 Doc. No.: 2305-009.PRP/mg 4 Proposal No.: SAL-23-05-007 Please note that effective August 1, 2016, we are required to submit certified payrolls for all Prevailing Wage projects via eCPR. In order to upload certified payrolls to the State’s website, the project’s DIR number is necessary. Please complete the attached Prevailing Wage and Accounts Payable Information Request form and return to our office at your earliest convenience.

If you find the proposed scope of work and fees satisfactory, it is our understanding that you will issue a professional services agreement for our execution and a purchase order as an authorization to proceed.

We thank you for your consideration of Earth Systems for this project. Please feel free to contact the office at your convenience if you have any questions or require additional information.

Sincerely,
Earth Systems Pacific
Ajay Singh, GE 3057 Michelle Garcia, CEG
Principal Engineer Senior Engineering Geologist
Attachments: Anticipated Scope of Services & Cost Estimate Prevailing Wage & Accounts Payable Information Request
January 1, 2023 Fee Schedule
Packet Page 338
Project: Lincoln Cunningham Park - Basketball Court Improvements Date: 5/12/2023 Proposal No.: SAL-23-05-007
Client: Wallace Group
Prevailing Wage Hourly Rate-Special Inspector $150.00
Prevailing Wage Hourly Rate-Technician $145.00
Hourly Rate - Technician $110.00
Nuclear Density (per hour) $15.00
Mileage charge (per mile) $0.95
Grading Observation and Testing Personnel Number of Trips Hours/Units Total Rate Unit Fee Site Visits - Preconstruction Meeting Senior Professional 1 2 2 $200.00 hr. $400.00 Observation/Testing - Demolition Depressions/Footings Technician, PW 1 4 4 $145.00 hr. $580.00 Utility Line Backfill - SD Line Technician, PW 2 4 8 $145.00 hr. $1,160.00 Compaction Testing - Basketball Court/Pathway SG/BG Technician, PW 2 4 8 $145.00 hr. $1,160.00 Asphalt Concrete Testing (Basketball Court) Technician, PW 1 6 6 $145.00 hr. $870.00 Pier Foundation Excavation Observation Staff Professional 1 2 2 $150.00 hr. $300.00 Nuclear Gauge (Equipment) 26 26 $15.00 hr. $390.00
Soil Sample Pickup Technician 1 2 2 $110.00 hr. $220.00 Mileage 9 360 360 $0.95 mi. $342.00
Subtotal GTO $5,422.00
Special Inspection Personnel Number of Trips Hours or Units Total time Rate unit Fee Reinforcing Steel Inspection & Concrete Sampling (Piers) Special Inspector, PW 1 4 4 $150.00 hr. $600.00 Concrete Samples Pickup Technician 1 2 2 $110.00 hr. $220.00 Mileage Charges (Inspection Travel) 2 80 80 $0.95 mi. $76.00 Subtotal Special Inspections $896.00
Laboratory Testing Hours/Units Total Rate Unit Fee
Laboratory Maximum Density Curve (4”) 1 1 $300.00 ea. $300.00 Laboratory Maximum Density Curve (6”) 1 1 $340.00 ea. $340.00 Asphalt Concrete - Compaction of Lab Samples, CA Kneading Compactor 1 1 $400.00 ea. $400.00 Subtotal $1,040.00
Reports and Project Management Personnel Number of Trips Hours/Units Total Rate Unit Fee Project Management and Supervision Senior Professional 4 4 $200.00 hr. $800.00 Engineering Review and Consultation Principal Professional 1 1 $250.00 hr. $250.00 Final Report 1 1 $500.00 ea. $500.00
$1,550.00
Estimated Total: $8,908.00
Anticipated Scope of Services & Cost Estimate
Construction Inspection and Testing Services
Subtotal
(This will be a "Prevailing Wage" Project)
Packet Page 339

EARTH SYSTEMS
1514 Moffett Street, Suite A | Salinas, CA 95023 | (831) 240-4624 | www.earthsystems.com Prevailing Wage and Accounts Payable Information Request Thank you for this opportunity to be of service on your public works project. Please complete and return this form to allow us to comply with California’s prevailing wage requirements, and to prepare Earth Systems’ invoices in accordance with your organization’s billing requirements in a timely manner. Thank you! Legal Name of Earth Systems
PWC Registration No.

Earth Systems Pacific
1000003643
Earth Systems Project No.

PUBLIC WORKS PROJECT REGISTRATION INFORMATION:

CLIENT’S PROJECT NAME City of Seaside – Lincoln Cunningham Park Basketball Improvements DIR PROJECT ID (PWC-100)

APPLICABLE BID

ADVERTISEMENT DATE
CLIENT’S REPRESENTATIVE FOR

DIR PROJECT ID INFORMATION
Name:

E-mail:

Phone No.:

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

CLIENT’S BILLING REQUIREMENTS:

PURCHASE ORDER NO.
(if applicable)

ADDITIONAL INFORMATION

REQUIRED ON INVOICES

SPECIFY ANY ADDITIONAL

FORMS OR BILLING FORMATS

REQUIRED TO BE SUBMITTED

WITH INVOICES
(please attach example)

ACCOUNTS PAYABLE CONTACT

INFORMATION
Name:

E-mail:

Phone No.:

INVOICE DELIVERY METHOD E-mail:

Mailing Address:

Date May 12, 2023
Packet Page 340
JANUARY 2023 FEE SCHEDULE NC-2210-026.FEE

FEE SCHEDULE
(Effective January 1, 2023)
This schedule presents rates for professional and technical services in the fields of geotechnical engineering, engineering geology, environmental consulting, construction observation and testing, and special inspection. Listed are charges for services most frequently performed by Earth Systems. Additional services not listed are available and can be discussed upon request; fixed-fee quotes for some services can also be provided upon request. To discuss a scope of work and fees for a specific project, please contact our office.

PERSONNEL Hourly Rate
Principal Professional............................................................................................................................................. $250.00 Associate Professional ........................................................................................................................................... $220.00 Senior Professional ................................................................................................................................................ $200.00 Project Professional ............................................................................................................................................... $180.00 Staff Professional................................................................................................................................................... $150.00 CWI & Special Inspector, Prevailing Wage*...........................................................................................................$150.00 Technician, Prevailing Wage* ................................................................................................................................$145.00 Special Services/Caltrans Technician, Prevailing Wage* .......................................................................................$145.00 Special Services Technician....................................................................................................................................$130.00 CWI Inspector ........................................................................................................................................................$120.00 Special Inspector.................................................................................................................................................... $120.00 Technical Assistant................................................................................................................................................. $105.00 Technician.............................................................................................................................................................. $110.00 Clerical/Administrative .......................................................................................................................................... $100.00 * Technician/Inspector Classifications as defined by the State of California Department of Industrial Relations.

BASIS OF CHARGES, GENERAL

1. Field services for regular work days for non- Prevailing Wage projects are subject to a 2-hour minimum charge, and billed in 2-hour increments.

2. Work performed on Saturdays, night work, and for premium hours (before 7 a.m., after 5 p.m. or more than 8 hours in one day) for personnel are at time and one-half; Sundays and holidays are at double time. Work performed on weekends, holidays, and when work starts outside of regular business hours is subject to a 4-hour minimum charge.

3. A 2-hour cancellation charge applies if scheduled inspection or testing is cancelled after 4 p.m. the day prior to the scheduled work.

4. Mileage is invoiced at a rate of $0.95/mile (portal-to-portal).

5. Nuclear density gauge charge: $15.00/hour.

6. Weekly special inspection report charge: $100.00

7. Subcontracted services, materials, rental equipment, out of town travel, and expenses are charged at cost plus 20 percent. Fixed per diem rates for specific projects can be provided upon request.

8. Report copies: $30.00 each (minimum). Posting of electronic documents to project websites will be charged at clerical/administrative services rate.

9. Invoices are payable upon presentation. Invoices thirty days past due are subject to a service charge of one and onehalf percent per month. Payments using a credit card will be assigned a 3% surcharge.

10. Rates are effective through December 31, 2023.

PREVAILING WAGE PROJECTS

1. Field services for regular work days for Prevailing Wage projects are subject to a 4-hour minimum charge, and billed in 4-hour increments.

2. The prevailing wage (PW) rates presented herein are based on current rates established by the Department of Industrial Relations (DIR). If, during the course of the project, prevailing wage rates are increased by DIR, rates are subject to adjustment. Also, please note requirements concerning overtime, shift work, travel time, holidays, and other factors can vary for different classifications of work under prevailing wage regulations.

3. Projects where State regulations require electronic submittal of Certified Payroll to DIR for prevailing wage will be assessed a fee of $100.00/week. Additional time required to address specific requests related to DIR/Labor Compliance will be charged at the clerical/administrative services rates.

Packet Page 341
JANUARY 2023 FEE SCHEDULE NC-2210-026.FEE

FEE SCHEDULE - MATERIALS TESTING
(Effective January 1, 2023)

BASIS OF CHARGES
Rates for field work such as materials sampling, construction inspection, and field evaluation will be in accordance with the Personnel Rates listed in the basic Fee Schedule. The below listed rates apply to standard ASTM test methods. An additional hourly charge ($110.00/hr.) will be applied for cutting, capping, or other preparation of non-standard samples and, where noted, for steel samples.

SOILS
All prices are based on California and Modified California sample sizes (2” – 2.5” diameter) unless noted otherwise.

Preparation of 3” diameter samples add $20.00. Testing of contaminated soil will be per quote. Samples will be returned to sender for proper disposal.

Atterberg Limits: Liquid Limit or Plastic Limit................................................................................................................ $125.00 Atterberg Limits: Plasticity Index .................................................................................................................................. $260.00 California Bearing Ratio, 3 points; incl. ref maximum density ...................................................................................... $650.00 California Bearing Ratio, 9 points; incl. ref maximum density ...................................................................................... $945.00 Consolidation, one dimensional.................................................................................................................................... $225.00 Consolidation, timed, per point .................................................................................................................................... $100.00 Basic Corrosivity w/out Rpt (pH, Sulfate, Chl., Resistivity)........................................................................................ Per Quote Direct Shear, 3 points minimum....................................................................................................................................$315.00 Expansion Index Test..................................................................................................................................................... $205.00 Maximum Density and Optimum Moisture: 4” Mold ................................................................................................... $300.00 Maximum Density and Optimum Moisture: 6” Mold ................................................................................................... $340.00 Maximum Density and Optimum Moisture: California Impact..................................................................................... $305.00 Moisture and Unit Weight Determination, from Ring Samples...................................................................................... $45.00 Moisture Only.................................................................................................................................................................. $40.00 Permeability Tests, constant head or falling head .................................................................................................... Per Quote R-Value .......................................................................................................................................................................... $325.00 R-Value, CA State Hwy/set of 3, Cement, Lime, Other addts ........................................................................................ $375.00 Hydro Collapse Potential...............................................................................................................................................$165.00 Sieve/Hydrometer Anlys, assumed specific grvty, w/200 wash.................................................................................... $250.00 Sieve Analysis, Aggregate Base/Subbase ...................................................................................................................... $155.00 Sieve Analysis 200 wash only ........................................................................................................................................$150.00 Sieve Analysis with wash............................................................................................................................................... $135.00 Sieve Analysis, Oversize Material ..................................................................................................................................$215.00 Specific Gravity..............................................................................................................................................................$150.00 Swell Test, undisturbed.................................................................................................................................................$205.00 Swell Test, remolded.....................................................................................................................................................$230.00 Unconfined Compressive Strength, untreated..............................................................................................................$150.00 Unconfined Compressive Strength, lime or cement treated mtrl.................................................................................$490.00

THERMAL RESISTIVITY TESTS
Concrete, 1 pt w/moisture content (req spcl collection proc).................................................................................. Per Quote Field Testing using Thermal Resistivity Meter........................................................................................................... Per Quote Soil, per moisture point, per sample......................................................................................................................... Per Quote Soil, 3 moisture points with dry‐out curve, per sample ............................................................................................ Per Quote

CONCRETE AGGREGATE
Abrasion, L.A. Rattler, 100 and 500 revolutions, ASTM C131 (Small Size Aggregate)................................................... $300.00 Abrasion, L.A. Rattler, 100 and 500 Revolutions, ASTM C535 (Large Size Aggregate) ..................................................$560.00 Absorption, Coarse Aggregate ...................................................................................................................................... $100.00 Absorption, Fine Aggregate........................................................................................................................................... $150.00 Clay Lumps and Friable Particles in Aggregate.............................................................................................................. $125.00 Cleanness Value of Coarse Aggregate ........................................................................................................................... $175.00 Crushed Particles, each size .......................................................................................................................................... $150.00 Packet Page 342
JANUARY 2023 FEE SCHEDULE NC-2210-026.FEE

FEE SCHEDULE - MATERIALS TESTING
(Effective January 1, 2023)
CONCRETE AGGREGATE (Cont.)
Durability Index, Coarse or Fine Aggregate................................................................................................................... $200.00 Flat and Elongated Particles in Aggregate..................................................................................................................... $125.00 Organic Impurities in Fine Aggregate............................................................................................................................ $100.00 Potential Reactivity of Aggr by Chemical Method, ea size........................................................................................ Per Quote Sand Equivalent............................................................................................................................................................. $170.00 Sieve Analysis, washed.................................................................................................................................................. $200.00 Soundness, Sodium Sulfate, 5 cycles............................................................................................................................. $450.00 Specific Gravity, Coarse Aggregate................................................................................................................................ $150.00 Specific Gravity, Fine Aggregate.................................................................................................................................... $150.00 Uncompacted Void Cntnt of Fine Agg Angularity, w/fine Agg SG................................................................................. $285.00 Unit Weight of Aggregate.............................................................................................................................................. $150.00

CONCRETE CYLINDERS, BEAMS AND CORES
Compression Test of Cast Cylinders per cylinder............................................................................................................ $45.00* Compression Test of Cored Samples, cored at laboratory............................................................................................ $120.00 Compression Test of cores delivered by others............................................................................................................ $100.00 Compression Test of Lightweight Concrete .................................................................................................................... $50.00* Density of Concrete Cylinders......................................................................................................................................... $80.00 Density of Hardened Concrete ...................................................................................................................................... $105.00 Flexural Strength, Simple Beam with Third Point Loading ............................................................................................ $180.00 Grading of Shotcrete Cores........................................................................................................................................... $190.00 Sample Storage, monthly per sample ............................................................................................................................. $45.00 Shrinkage, set of 3......................................................................................................................................................... $400.00 Unit Weight of Lightweight Concrete............................................................................................................................ $130.00 Enviro. Recycling Fee, per cylinder, core or beam ............................................................................................................ $2.00 Enviro. Recycling Fee, per flex beam................................................................................................................................. $3.00 Enviro. Recycle Fee/Form Stripping, per shotcrete panel/beam .................................................................................... $65.00

MASONRY
Absorption of Block, set of 3 ......................................................................................................................................... $165.00 Compression Test, 2” x 4” Mortar Cylinders................................................................................................................... $40.00* Compression Test, 3” x 3” x 6” Grout Samples ............................................................................................................... $60.00* Compression Test on Block, set of 3.............................................................................................................................. $165.00 Compression Test on Grouted Prisms, includes cutting................................................................................................ $165.00* Compression Test on Masonry Cores.............................................................................................................................. $85.00 Coring of Grouted Masonry by Subcontractor..........................................................................................................cost + 20% Masonry Shrinkage, set of 3.......................................................................................................................................... $245.00 Moisture Content of Block as received, set of 3 ...........................................................................................................$105.00 Shear Test on Masonry Cores, 2 faces .......................................................................................................................... $150.00 Specific Gravity and Unit Weight of Block, set of 3.......................................................................................................$170.00 Enviro. Recycling Fee, per masonry prism......................................................................................................................... $3.00 Enviro. Recycling Fee, per mortar or grout sample........................................................................................................... $2.00 * Includes formal report of test results following 28-Day tests.

FIREPROOFING
Fireproof Bond Test................................................................................................................................................... Per Quote Fireproofing Density Test (1)...........................................................................................................................................$80.00

ASPHALT CONCRETE
Bulk Specific Gravity of Compacted Specimens and Core Samples.................................................................................$80.00 Compaction of Lab Samples, CA Kneading Compactor, set of 3.................................................................................... $240.00 Compaction of Lab Samples, CA Kneading Compactor, set of 5.................................................................................... $400.00 Packet Page 343
JANUARY 2023 FEE SCHEDULE NC-2210-026.FEE

FEE SCHEDULE - MATERIALS TESTING
(Effective January 1, 2023)
ASPHALT CONCRETE (Cont.)
Compaction of Lab Spls, Mrshl Mthd set of 3 –(50 blows/side)....................................................................................$245.00 Compaction of Lab Spls, Mrshl Mthd set of 3 –(75 blows/side)....................................................................................$260.00 Extraction of Oil from A.C. Mixtures.......................................................................................................................... Per Quote Extraction of Oil from Rubberized Mixtures.............................................................................................................. Per Quote Gyratory Compactor, per set of field mixed asphalt .....................................................................................................$495.00 Hamburg Wheel Tracker Test, per set of field mixed asphalt.......................................................................................$890.00 Ignition Oven Binder Cntnt, after initial corr value is det..............................................................................................$275.00 Ignition Oven Binder Cntnt Corr Value /mix design, ave of 3........................................................................................$850.00 Ignition Oven Gradation Correction Value, per mix design....................................................................................... Per Quote Moisture Content ............................................................................................................................................................$50.00 Sieve Analysis of Extracted Aggregate...........................................................................................................................$285.00 Sieve Analysis of Ignition Oven Residue ........................................................................................................................ $270.00 Specific Gravity, Theoretical Maximum, Rice Method ..................................................................................................$170.00 Stability and Flow, Marshall Apparatus, set of 3...........................................................................................................$240.00 Stabilometer, Hveem S-Value, set of 3..........................................................................................................................$350.00 Enviro. Recycling Fee, per sample .....................................................................................................................................$2.00 Enviro. Recycling Fee for Extracted Oils ..........................................................................................................................$45.00

REINFORCING AND STRUCTURAL STEEL
Bend Test of Welded Specimen, sample preparation not incl........................................................................................$80.00 Pipe Flattening Test, sample preparation not included ..................................................................................................$75.00 Reinforcing Steel Coupler Tensile and Slip Tests...........................................................................................................$250.00 Structural Steel Bend Test, sample preparation not included ........................................................................................$80.00 Structural Steel Machining/Sample Preparation.......................................................................................................cost + 20% Structural Steel Tensile Test, sample prep not included................................................................................................. $80.00 Tensile and Bend Tests of Reinforcing Bar, #2 through #9............................................................................................$170.00 Tensile and Bend Tests of Reinforcing Bar, #10 through #18 ................................................................................... Per Quote Enviro. Recycling Fee, per sample .....................................................................................................................................$2.00

BOLT TESTS
Bolt Tests, chemical or mechanical ...........................................................................................................................cost + 20%

WELDER QUALIFICATION
AWS D1.1: 3/8” Plate, per position ........................................................................................................................... Per Quote AWS D1.1: 1” Plate, per position............................................................................................................................... Per Quote AWS D1.3: Sheet Steel............................................................................................................................................... Per Quote AWS D1.4: Reinforcing Bar........................................................................................................................................ Per Quote ASME/API Pipe Sections............................................................................................................................................ Per Quote EQUIPMENT/CHARGES (Does Not Include Personnel)
110-volt Portable Electric Generator .................................................................................................................... $115.00/day Anchor Pull Test Equipment......................................................................................................................................$45.00/hr.

Bailer (disposable) w/dedicated rope ...................................................................................................................... $35.00/ea.

Concrete and Asphalt Concrete Coring Equipment...................................................................................................cost + 20% Concrete Slab Moisture Transmission Kit................................................................................................................. $45.00/ea.

Conductivity Meter....................................................................................................................................................cost + 20% Cut-Off Saw ............................................................................................................................................................. $90.00/day Double Ring Infiltrometer (per set)....................................................................................................................... $165.00/day Drum Dolly............................................................................................................................................................... $40.00/day Drums ....................................................................................................................................................................... $90.00/ea.

Dynamometer, In-line Scale ...................................................................................................................................... Per Quote Hammer Drill .............................................................................................................................................................cost + 20% Hand Auger/Sampler Equipment ............................................................................................................................ $65.00/day Lock n, Load VOC Sample Pres. Sys. ......................................................................................................................... $35.00/ea.

Packet Page 344
JANUARY 2023 FEE SCHEDULE NC-2210-026.FEE

FEE SCHEDULE - MATERIALS TESTING
(Effective January 1, 2023)
EQUIPMENT/CHARGES (Cont.) (Does Not Include Personnel)
Magnetic Particle Equipment.....................................................................................................................................$25.00/hr Non-Destructive Testing Equipment ..........................................................................................................................$45.00/hr Manometer ........................................................................................................................................................... $155.00/day Mini-Troll Groundwater Level Transducer............................................................................................................ $115.00/day Mobile Laboratory..................................................................................................................................................... Per Quote Nuclear Density Equipment.......................................................................................................................................$15.00/hr.

Paint Thickness Meter............................................................................................................................................... Per Quote Vehicle with Percolation Tank System .................................................................................................................. $260.00/day Personal Protective Equipment Level C..................................................................................................................... Per Quote Pile Driving Equipment (for pile load testing) ........................................................................................................... Per Quote Pile Load Testing Equipment..................................................................................................................................... Per Quote Pulse Velocity Meter ................................................................................................................................................. Per Quote Rebound Hammer (Schmidt Hammer).................................................................................................................... $80.00/day Reinforcing Steel Locating Equipment (DR-Meter) ............................................................................................... $200.00/day Relative Humidity Meter....................................................................................................................................... $100.00/day Off Road Vehicle........................................................................................................................................................ Per Quote Safety and Specialty Equipment................................................................................................................................ Per Quote Sampling Consumables ............................................................................................................................................. Per Quote Skidmore Bolting Calibration Equipment.............................................................................................................. $255.00/day Slope Inclinometer Equipment, per hole .................................................................................................................. Per Quote Soil Sampling Containers (metal) ............................................................................................................................. $25.00/ea.

Soil Sampling Containers (glass)............................................................................................................................... $10.00/ea.

Tape Extensometer ................................................................................................................................................... Per Quote Tension Equipment ............................................................................................................................................... $200.00/day Torque Wrench ....................................................................................................................................................... $80.00/day Water Level Indicator.............................................................................................................................................. $55.00/day Windsor Probe, set of 3............................................................................................................................................. Per Quote Per Diem.................................................................................................................................................................... Per Quote DIR Compliance/eCPR, per week................................................................................................................................... $100.00 DSA Box Posting, ea....................................................................................................................................................... $100.00 DSA Lab Compliance, per week..................................................................................................................................... $100.00 Vehicle Mileage Charge.....................................................................................................................................................$0.95 Packet Page 345
Wallace Group Team Resource Estimate for the
Lincoln Cunningham BB COURT IMPROVEMENTS DIRECTOR ASSISTANT RESIDENT ENGINEER II SENIOR CONSTRUCTION INSPECTOR* EARTH SYSTEMS Misc. Direct Costs TOTAL LABOR HOURS
TOTAL
TASK DESCRIPTION HRS HRS HRS HRS Cost HRS LABOR COST
RATE $195 $165 $180 $ $
1 Pre-Construction 2 30 $44 32 $5,340 $5,384
2 Construction 5 65 195 $1,422 265 $46,800 $48,222
3 Post-Construction 4 30 34 $5,730 $5,730
4 Geotech Support 53 53 $8,909 $8,909
SUB-TOTALS 11 125 195 53 $1,466 384 #REF! $68,244
WALLACE GROUP LABOR COSTS $2,145 $20,625 $35,100 $57,870 WALLACE GROUP DIRECT COSTS $1,466
SUBCONSULTANT DIRECT COSTS $8,909 $8,909
DIRECT COSTS OVERHEAD @ 15% $1,556
TOTAL $69,801
Task Budgets may fluctuate within Overall Budget PHASE/TASK Fee Sheet - Lincoln Cunningham.xlsx Summary Page 1 5/19/2023

EXHIBIT B
Packet Page 346
JANUARY 2023 FEE SCHEDULE NC-2210-026.FEE

EXPERT WITNESS SERVICES
(Effective January 1, 2023)
The following rates apply to deposition testimony, arbitration testimony, hearings and court appearances.

HOURLY CHARGES FOR PERSONNEL
Principal Professional ........................................ $400.00 Associate Professional ....................................... $300.00 Senior Professional ............................................ $250.00 Clerical/Admin Services..................................... $100.00

SPECIAL SERVICES
Deposition ................................................. $400.00/hr.2 Arbitration ................................................... $400.00/hr.

Court Appearance/Hearings...........$1,500.00/half day3 Standby to Appear....................................$750.00/day4

BASIS OF CHARGES

1. Hourly rates are charged during investigation, analysis, consultation, and preparation services.

2. Estimated deposition fee payable in advance by party requesting deposition. The difference between advance payment and final fee to be billed or refunded in accordance with the fee and billing information in this schedule.

Fee for reviewing deposition transcript will be billed at hourly rates to the party requesting the review.

3. Minimum half day charge will apply to court appearances and hearings. Time extending through the noon hour will be subject to the full day charge of $3,000.00.

4. Days, or portions thereof, reserved for appearances at hearings, court, or arbitrations, during which we are not required to be away from our offices will be subject to a standby charge of $750.00. Standby at other locations will be charged at the general hourly rates.

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Exhibit B
Standard Billing Rates
Construction Management / Field Inspection Services: Prevailing Wage* Construction Inspector I - II ............................................. $135/$150 .................. $165/$172 Senior Construction Inspector .......................................... $155 ................................ $180 Construction Office Tech I-III ........................................... $110/$120/$130 Assistant Resident Engineer I - II....................................... $160/$165 Resident Engineer I - III ................................................. $170/$175/$180 Senior Resident Engineer ............................................... $190 Director .................................................................... $195 Principal Construction Manager ........................................ $225 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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Cutino Park Improvements Part 2 Phase 1 EXHIBIT C

EXHIBIT C

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

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

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

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

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

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

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

Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including Packet Page 349
Cutino Park Improvements Part 2 Phase 1 EXHIBIT C
commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

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

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

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

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

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

In the alternative, Agency may cancel this Agreement.

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Cutino Park Improvements Part 2 Phase 1 EXHIBIT C
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.

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

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

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

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

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

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting Packet Page 351
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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 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.

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City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
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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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City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
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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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City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
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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 356
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
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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
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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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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.I.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Melissa Broadston, ESCA Program Manager
DATE: June 1, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER ON

BEHALF OF THE LOCAL REUSE AUTHORITY (LRA) TO EXECUTE
A QUIT CLAIM DEED TO TRANSFER PARCEL E29A.1 TO THE

CITY OF DEL REY OAKS (CEQA CATEGORICALLY EXEMPT
SECTION 15312)

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a Quit Claim Deed for Parcel E29a.1 to the City of Del Rey Oaks City Council (acting as the Local Reuse Authority (LRA) and successor to the Fort Ord Reuse Authority).

BACKGROUND
After the dissolution of the Fort Ord Reuse Authority (FORA), Seaside discovered that it had no record of the transfer of Parcel E29a.1 from FORA to the City of Del Rey Oaks.

The City of Seaside is recognized as the LRA and the Successor-in-Interest to FORA.

Parcel E29a.1 is currently held in title by FORA and the City as the successor LRA.

Seaside, as successor to FORA will quitclaim the property to the City of Del Rey Oaks.

Recording the Quit Claim Deed will complete the transfer process to the City of Del Rey Oaks. The Quit Claim deed has been reviewed by Seaside and Del Rey Oaks attorneys and is ready for signature.

The transfer of Parcel E29a.1 from Seaside to the City of Del Rey Oaks is not a project under California Environmental Quality Act Guidelines section 15378(B)(5) because it is an administrative action that does not involve any commitment to any specific project that may result in a potentially significant impact on the environment.

FISCAL IMPACT
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Item No. 8.I. Page 2 of 2
The actual cost to Seaside of these obligations will be reimbursed with funds received from FORA when Seaside was recognized as the FORA Successor-in-interest and successor LRA.

ATTACHMENTS

1. Resolution
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE, ACTING AS

THE FEDERALLY RECOGNIZED LOCAL REDEVELOPMENT AUTHORITY AND

SUCCESSOR TO THE FORT ORD REUSE AUTHORITY AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS TO TRANSFER PARCEL E29A.1 THE CITY

OF DEL REY OAKS
WHEREAS, In 1994, the Fort Ord Reuse Authority (FORA), a regional governmental entity, was established pursuant to the Fort Ord Reuse Authority Act (California Government Code Sections 67650 et seq.) to plan, facilitate and manage the transfer of property of the former Fort Ord from the United States Army to the governing local jurisdictions or their designee(s); and WHEREAS, the Office of Economic Adjustment on behalf of the Secretary of Defense of the United States of America recognized FORA as the Local Redevelopment Authority (“LRA”) for property transfers from the Army; and WHEREAS, On or about June 23, 2000, FORA and the Army entered into an Economic Development Conveyance Memorandum of Agreement (“EDC MOA”), whereby FORA acquired portions of the former Fort Ord consisting of approximately five thousand two hundred (5,200) acres of land, including all buildings, personal property, appurtenances, rights-of-way, drainage areas, and other real property interests as defined (Document No. 2000040124, recorded on June 23, 2000 in the Office of the Monterey County Recorder); and
WHEREAS, the EDC MOA, among other things, enumerated the property to be transferred with reference to Army parcel numbers and identified the local jurisdictions to which each of the referenced parcels were to be transferred; and WHEREAS, the EDC MOA identified Parcel E29a.1, described as “Habitat Reserve Area,” as a parcel to be transferred to the City of Del Rey Oaks; and WHEREAS, FORA and the City of Del Rey Oaks entered into an Implementation Agreement, dated May 31, 2001, setting forth terms and conditions for transfer of certain identified properties to Del Rey Oaks, including identifying Parcel No. E29a.1 as a parcel to be transferred to the Del Rey Oaks (as Document No. 2001088379 in the Office of the Monterey County Recorder); and
WHEREAS, Parcel No. E29a.1 consists of a 4.628 acre area, located west of General Jim Moore Boulevard within the Del Rey Oaks jurisdictional limits, as more fully described and shown in Exhibit A, attached hereto and incorporated herein by reference; and
WHEREAS, FORA dissolved by operation of law on June 30, 2020 pursuant to California Government Code section 67700; and
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WHEREAS, on or about February 21, 2020, in anticipation of the dissolution of FORA, FORA and Seaside entered into an agreement in which FORA nominated the City of Seaside as the LRA to succeed FORA, and Seaside agreed to assume the LRA designation and the remaining responsibilities under the EDC after FORA dissolution (Exhibit B); and
WHEREAS, on or about April 30, 2020, the United States Department of Defense accepted the City of Seaside as the successor LRA to FORA, effective July 1, 2020, for the purpose of implementing the EDC at the former Fort Ord (Exhibit C); and WHEREAS, after the dissolution of FORA, Seaside discovered that it had no record of transfer of Parcel E29a.1 from FORA to the Del Rey Oaks; and WHEREAS, Seaside and Del Rey Oaks confirmed through research that the Army had transferred the parcel to FORA as part of a quitclaim deed (Document No. 2009043259 recorded on July 10, 2009 in the in the Office of the Monterey County Recorder), but FORA had not transferred Parcel E29a.1 to the Del Rey Oaks or to any other jurisdiction; and
WHEREAS, the parties recognize that Seaside as LRA and successor to FORA has the authority and responsibility to transfer Parcel E29a.1 to Del Rey Oaks; and WHEREAS, the transfer of Parcel E29a.1 from the Fort Ord Reuse Authority through Seaside as successor LRA to Del Rey Oaks is not a project under California Environmental Quality Act Guidelines section 15378(b)(5) because it is an administrative action that does not involve any commitment to any specific project that may result in a potentially significant impact on the environment.

NOW, THEREFORE, BE IT RESOLVED that the City Council acting in its capacity as successor to the Fort Ord Reuse Authority and as the Federally appointed Local Reuse Authority for the former Fort Ord, hereby authorizes the City Manager to executed such documents effectuating the transfer of Parcel E29a.1 from the Fort Ord Reuse Authority to the City of Del Rey Oaks, including related Quit Claim Deed for Blanco Road (Parcel E29a.1), in substantially the form as attached hereto, and as finally approved by the City Attorney.

Packet Page 366
PASSED AND ADOPTED by meeting of City of Seaside duly held on the 1st day of June 2023, by the following vote:0
AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
____________________
Ian N. Oglesby, Mayor
ATTEST:
________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
________________________
Sheri L. Damon, City Attorney
Packet Page 367
Exhibit A
Packet Page 368
Exhibit A
Packet Page 369
Exhibit B
Packet Page 370
Exhibit B
Packet Page 371
Exhibit B
Packet Page 372
Exhibit B
Packet Page 373
Exhibit B
Packet Page 374
Exhibit B
Packet Page 375
Exhibit B
Packet Page 376
Exhibit B
Packet Page 377
Exhibit B
Packet Page 378

OFFICE OF THE UNDER SECRETARY OF DEFENSE
3000 DEFENSE PENTAGON
WASHINGTON, DC 20301-3000

ACQUISITION

AND SUSTAINMENT
Mr. Joshua Metz
Executive Officer
Fort Ord Redevelopment Authority
920 2nd Avenue, Suite A
Marina, CA 93933
Mr. Craig Malin
City Manager
City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
Dear Mr. Metz and Mr. Malin:

On behalf of the Secretary of Defense and pursuant to the Defense Base Closure and Realignment Act of 1990, as amended, this letter serves as recognition of the City of Seaside as the successor Local Redevelopment Authority with an effective date of July 1, 2020, for the purposes of implementing the Economic Development Conveyance Agreement with the U.S.

Army at the former Fort Ord.

Questions pertaining to this recognition or requests for assistance to guide your implementation activity may be directed to Ms. Liz Chimienti, Office of Economic Adjustment Project Manager, at (703) 901-7644.

Sincerely,
Director
Office of Economic Adjustment
cc:

DASA(IH&P)
Exhibit C
Packet Page 379

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.J.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Dave Fortune, Maintenance and Utilities Superintendent
DATE: June 1, 2023
SUBJECT: ADOPT A RESOLUTION APPROPRIATING AND ENCUMBERING $86,600.00 FROM THE POMA FUND BALANCE FOR THE
PURCHASE OF TWO (2) PICKUP TRUCKS FROM THE FORD

STORE MONTEREY FOR USE ON THE PRESIDIO OF MONTEREY
ANNEX

RECOMMENDATION
Adopt a resolution to appropriate and encumber $86,600.00 from the POMA Fund Balance for the purchase of a two (2) new pick-up trucks for use within the Maintenance and Utilities Division specifically for the Presidio of Monterey Annex (POMA) federal contract and to be reimbursed by the Intergovernmental Services Agreement (IGSA) Contract.

BACKGROUND
Three years ago, the department went away from hourly rates on the vehicles to a flat rate for the vehicle charges to the Army since new trucks are low cost and the flat rate could include a component of depreciation. The replacement rate is based upon the number of work orders and a replacement date of three years. The IGSA Contract has never determined how new or old trucks are to perform maintenance services. Because the Army is not billed for the purchase of vehicles, there are no governing IGSA rules of how Seaside manages its fleet. The money in the POMA fund belongs to the City of Seaside. We have the financial autonomy to handle the fund balance within our City financial policy rules.

The City tried to solicit bids locally, but there was no inventory to fill our order. We received two proposals to purchase the two pickups and the lowest bidder was from The Ford Store Morgan Hill. The price shown is a government Fleet incentive from the Packet Page 380

Item No. 8.J. Page 2 of 2
Ford Motor Company and also includes delivery to the city, all applicable fees and taxes.

The current pickups being used by the POMA crew will be purchased by two other divisions in the Maintenance and Utilities Division at the depreciated value of $21,000.00 each. One pickup will be purchased from account 100 8420 Parks and the other from account 100 8310 Govt Buildings. The $42,000.00 purchase price from the department’s budget will pay the first part of the purchase price for the new pickups and the POMA Fund Balance will pay the remaining balance of $86,600.00 for a total of $128,600.00.

FISCAL IMPACT
It is recommended that the City Council adopt a resolution appropriating and encumbering $86,600.00 from the POMA Fund Balance for the purchase of two new pickup trucks and authorize the City Manager to execute a purchase agreement with The Ford Store Morgan Hill for an amount not to exceed $128,600.00 for the vehicles and direct the Finance Department to incorporate these changes in the fiscal year 2022/2023 Budget.

ATTACHMENTS

1. Resolution

2. CITY OF SEASIDE Quote F250 SB #410848W

3. CITY OF SEASIDE Quote F250 SB #410859W

4. Sourcewell Quote ID 24096 City of Seaside
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 381
RESOLUTION NO. 23-___

A RESOLUTION OF THE CITY OF SEASIDE CITY COUNCIL
APPROPRIATING AND ENCUMBERING $86,600.00 FROM THE POMA FUND BALANCE FOR THE PURCHASE OF TWO XL SERIES FORD 250 PICK UP

TRUCKS FROM THE FORD STORE MORGAN HILL FOR USE ON THE PRESIDIO

OF MONTEREY ANNEX
WHEREAS, the City is in need of new maintenance vehicles to support the Intergovernmental Service Agreement (IGSA) with the Federal Government more commonly referred to as the Presidio of Monterey Annex (POMA) contract; and WHEREAS, equipment rental rates charged to the Federal Government have created vehicle replacement funds in the Fund Balance that are intended for replacement vehicles and will be used for the proposed purchase of the trucks.

WHEREAS, the City received a proposal from The Ford Store Morgan Hill, with a Government Fleet Incentive from the Ford Motor Company, to purchase two new pickup trucks; and
WHEREAS, the surplus pickups will be purchased by the Maintenance and Utilities Division at the depreciated value to be used to serve the residents of this community; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Seaside hereby appropriates and encumbers $86,600.00 from the POMA Fund Balance and authorizes the City Manager to execute an agreement with The Ford Store Morgan Hill for the purchase of the two XL Series Ford 250s for an amount not to exceed $128,600.00, and directs the Finance Department to appropriate $86,600.00 from Account 113-3604, and allocate the same amount to Account 113-8730-8187 and incorporate these changes into the fiscal year 2022/2023 budget.

PASSED AND ADOPTED at a regular City Council meeting duly held on the 1st day of June, 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
Packet Page 382
ATTEST:
___________________________
Dominique L. Davis, City Clerk
Packet Page 383

CITY OF SEASIDE
2022 FORD F-250SD XL
VIN: 1FDBF2A67NEF36200
STOCK #: 410848W -- MILES: 153
SALESPERSON: MARK WEXLER
05/22/2023 4:37 PM
Incentive programs and rebates are estimates, subject to change and verification. Tax Profile: 9.25% Tax

CASH PURCHASE
Market Value 62,695.00
Vehicle (after Savings) 58,695.00
Taxes / Fees 5,563.90
Due On Delivery 64,258.90
Discount Savings - 4,000.00

TAXES AND FEES
Document Prep Fee . . . . . . . . . . . . . . . .

Other Fee . . . . . . . . . . . . . . . . . . . . . . . .

Tire/Battery/VTR . . . . . . . . . . . . . . . . . . .

Sales/Use Tax . . . . . . . . . . . . . . . . . . . . .

TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . .

PURCHASE DETAILS
Market Value . . . . . . . . . . . . . . . . . . . . . .

Discount Savings . . . . . . . . . . . . . . . . . . .

Net Vehicle Price . . . . . . . . . . . . . . . . . .
62,695.00
- 4,000.00
58,695.00

85.00 33.00

8.75 5,437.15
64,258.90
This is a Ford F250 Regular Cab 4x2 with 6.2L Gas engine and a Scelzi Service Body.

Ford Protect EXTRA CARE is an extended service plan is recommended. Plans can be purchased with varying length of time and mileage terms.

A government Fleet incentive from Ford Motor Company has been used to reduce the cost of the truck. This quote assumes you are EXEMPT and do not need to pay CA DMV Title/Reg fees.

The sales tax rate has been estimated at 9.25%, but will require confirmation.

Thank you for the opportunity and we look forward to supporting the sale, maintenance and service of your vehicles at The Ford Store Morgan Hill.

Mark Wexler
Commercial Vehicle & Fleet Sales Director
[email protected]
Ofc : 408-782-8202 / Cell : 925-499-1878
Fair Pricing and Exceptional Service!
FOR INTERNAL USE ONLY 01.06.72.00
Interest Rates, Pricing, Rebates and Terms are estimates, subject to change and apply only on 05/22/2023.

The Ford Store Morgan Hill -- 408-782-8201
© Copyright 2023 Guest Concepts, Inc. – All Rights Reserved Packet Page 384

CITY OF SEASIDE
2022 FORD F-250SD XL
VIN: 1FDBF2A66NEF35894
STOCK #: 410859W -- MILES: 150
SALESPERSON: MARK WEXLER
05/22/2023 4:39 PM
Incentive programs and rebates are estimates, subject to change and verification. Tax Profile: 9.25% Tax

CASH PURCHASE
Market Value 62,695.00
Vehicle (after Savings) 58,695.00
Taxes / Fees 5,563.90
Due On Delivery 64,258.90
Discount Savings - 4,000.00

TAXES AND FEES
Document Prep Fee . . . . . . . . . . . . . . . .

Other Fee . . . . . . . . . . . . . . . . . . . . . . . .

Tire/Battery/VTR . . . . . . . . . . . . . . . . . . .

Sales/Use Tax . . . . . . . . . . . . . . . . . . . . .

TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . .

PURCHASE DETAILS
Market Value . . . . . . . . . . . . . . . . . . . . . .

Discount Savings . . . . . . . . . . . . . . . . . . .

Net Vehicle Price . . . . . . . . . . . . . . . . . .
62,695.00
- 4,000.00
58,695.00

85.00 33.00

8.75 5,437.15
64,258.90
This is a Ford F250 Regular Cab 4x2 with 6.2L Gas engine and a Scelzi Service Body.

Ford Protect EXTRA CARE is an extended service plan is recommended. Plans can be purchased with varying length of time and mileage terms.

A government Fleet incentive from Ford Motor Company has been used to reduce the cost of the truck. This quote assumes you are EXEMPT and do not need to pay CA DMV Title/Reg fees.

The sales tax rate has been estimated at 9.25%, but will require confirmation.

Thank you for the opportunity and we look forward to supporting the sale, maintenance and service of your vehicles at The Ford Store Morgan Hill.

Mark Wexler
Commercial Vehicle & Fleet Sales Director
[email protected]
Ofc : 408-782-8202 / Cell : 925-499-1878
Fair Pricing and Exceptional Service!
FOR INTERNAL USE ONLY 01.06.72.00
Interest Rates, Pricing, Rebates and Terms are estimates, subject to change and apply only on 05/22/2023.

The Ford Store Morgan Hill -- 408-782-8201
© Copyright 2023 Guest Concepts, Inc. – All Rights Reserved Packet Page 385
National Auto Fleet Group A. 01"1 ..1.. ,, .. , tn.........!..t Ilr w......,."IIH.. 4EHl Auto Cenu!" 01'1"." WatsO'l1v.iUfl,CA 95075
(855) 2139-6572 ",8S1) 4130-8497 Fu.

FIut;~ NaUn" atAut (IFieetGf'(HIp ,i:HHtI
5/18/2023 Quote 10: 24096
Mr David Fortune
City of Seaside
440 Harcourt Ave
Seaside, California, 93955
Dear David Fortune,
National Auto Fleet Group is pleased to quote the following vehicle(s) for your consideration.

One (1) New/Unused (2023 Ford Super Duty F-250 SRW (F2A) XL 2WD Reg Cab 8' Box 142" WB, Scelzi Body SB-98-79-4-38-VO Stock Unit PEC28421) and delivered to your specified location, each for One Unit One Unit Total %
(MSRP) Savings
Contract Price $46,675.00 $46,350.00 0.696 %
Scelzi Body SB-98-79-4-38-VO $13,481.00
Stock Unit PEC28421
Tax (9.2500 %) $5,534.37
Tire fee $8.75
Transportation $150.00
Total $65,524.12
Total
Savings
$325.00
- per the attached specifications.

This vehicle(s) is available under the Sourcewell Contract 091521-NAF . Please reference this Contract number on all purchase orders to National Auto Fleet Group. Payment terms are Net 20 days after receipt of vehicle.

Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.

Sincerely,
Jesse Cooper
Account Manager
Email: [email protected]
Office: (855) 289-6572
Fax: (831) 480-8497
GMt:::.

CHEVROI.fT
Packet Page 386
Purchase Order Instructions & Resources
In order to finalize your purchase please submit this purchase packet to your governing body for a purchase order approval and submit your purchase order in the following way:

Email: [email protected]
Fax: (831) 480-8497
Mail: National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076
We will send a courtesy' confirmation for y'our order and a W-9 if needed.

Additional Resources
Learn how to track your vehicle: www.NAFGETA.com
Use the upfitter of your choice: www.NAFGp-artner.com
Vehicle Status: [email protected]
General Inquiries: [email protected]
For general questions or assistance please contact our main office at:
1-855-289-6572
Packet Page 387
Scelzi Enterprises, Inc.

Truck BodyManufacturing Invoice
P.O. Box 12066
Fresno, CA. 93776
Phone # 559-237-5541 Fax # 559-496-3202
Date Invoice #
5/1212023 252684
Bill To Ship To

WATSONVILLE FORD
550 AUTO CENTER DR
WATSONVILLE CA 95076

WATSONVILLE FORD
550 AUTO CENTER DR
WATSONVILLE CA 95076
P.O. Number Terms Rep Delivery Date Via F.O.B. Work Order Net 10 RD/JP 5112/2023 SCELZI DELIVERY ORIGIN 252684
Model SB 98
I
Serial I
052377895 I
VIN 1PEC28421 P 1
Attn 1

JOHNKRBEC
Qty Item Code Description :i Price Each Amount
0 Body Info Body Info: 0.00 0.00
- Model: SB-98-79-49-38-VO
- Serial Number: 052377895
- Key Number: WI I0
- Key Qty: 4.00
- Finish: Painted
- Color: ZI - Oxford White
0 Chassis Info Chassis Info: . 0.00 0.00
- VIN: IFTBF2AAIPEC28421
I SB-98-79-49-38- ... SERVICE BODY 98 LONG, 79 WIDE, 49 FLOOR, 38 12,389.00 12,389.00

COMPARTMENT HEIGHT
lEA - ALL LIGHTS LED
1 BUMPER SIG - 6 6" DIAMOND PLATE STEP. BUMPER POWDER COATED GRe. Y 0.00 0.00 JEA- ~!"-OCA~~~CTORYHITCH
lEA - 7 PRONG FLAT RVPLUG
.F lEA- RELOCATE FACTORY BACK-UP CAMERA
I LADDER RACK. .. 2" X 3" X 120 WALL FORKLIFT ACCESS -POWDER COATED 0.00 0.00 WHITE
1 HAZMAT-HW ... HAZARDOUS WASTE DISPOSAL FEE : 49.00 49.00 I WEIGHT CERTI. .. WEIGHT CERTIFICATE OF COMPLETED UNIT 6880 LBS 43.00 43.00 A FINANCE CHARGE AT THE RATE OF 2% PER MONTH (24% ANNUALLY) I I
WILL BE CHARGED ON PAST DUE ACCOUNTS. Total
Merchandise left in shop at a rate of$5.00 per day for storage - after 30 days will be sold I I
Purchaser herein releases Scelzi Enterprises from any and all liability related to and Payments/Credits arising from any modification of and/or tampering with any product manufactured. installed, and/or repaired by Scelzi Enterprises.

I I
Should purchaser default in any of the terms hereof, he agrees to pay all costs, including, but not limited to reasonable attorney tees incurred by Scelzi Enterprises Balance Due seeking enforcement herein of damages for breach or in pursuing any other remedy available to Scelzi Enterprises.
l'LE/\SE FA \. FROT\-fTHIS !NVOICE NU
As the purchaser, I agree to the terms and conditions herein.

STATF\-1[NT \VfLL flE RLN1.,FRFD.

By................................ _ _ _ _

Packet Page 388
Scelzi Enterprises, Inc.

Truck BodyManufacturing
P.O. Box 12066
Fresno, CA. 93776
Phone # 559-237-5541 Fax # 559-496-3202
Invoice
Date Invoice #
5/12/2023 252684
Ship To

WATSONVILLE FORD
550 AUTO CENTER DR
WATSONVILLE CA 95076

WATSONVILLE FORD
550 AUTO CENTER DR
WATSONVILLE CA 95076
Qty
Bill To
P.O. Number Terms Rep Delivery Date Via F.O.B. Work Order Net 10 RD/JP 5/12/2023 SCELZI DELIVERY ORIGIN 252684
Model SB 98 ISerial I052377895 I
VIN I
PEC28421 P
I
Attn I

JOHNKRBEC
TRANSPORTA... TRANSPORTATION ONE WAY TO WATSONVILLE CA 0.00 0.00 A FINANCE CHARGE AT THE RATE OF 2% PER MONTH (24% ANNUALLY) WILL BE CHARGED ON PAST DUE ACCOUNTS.

Merchandise left in shop at a rate of$5.00 per day for storage - after 30 days will be sold Purchaser herein releases Scelzi Enterprises from any and all liability related to and arising from any modification of andlor tampering with any product manufactured, installed, and/or repaired by Scelzi Enterprises.

Should purchaser default in any of the terms hereof, he agrees to pay all costs, including, but not limited to reasonable attorney fees incurred by Scelzi Enterprises seeking enforcement herein of damages for breach or in pursuing any other remedy available to Scelzi Enterprises.

As the purchaser. I agree to the terms and conditions herein.

Total $12,481.00
Payments/Credits $0.00 I
Balance Due $12,481.00
Packet Page 389
Vehicle Configuration Options
ENGINE
Code Description
~"~""'N'~'~"'~~~_"m"m" __ 'N<'''m'
99A Engine: 6.8L 2V DEVCT NA PFI V8 Gas, (STD) I

TRANSMISSION I
Code ~CriPtiOn
144F ~nsmission:TorqShift-G~~O-SpeedAutomatic, (STD)
TIRES
i"'''''''''''''''''''''''''''' "'''-''''-~'
[Code ~criPtion
ITD8 s: LT245/75Rx17E BSW AlS, (: »

IPRIMARY PAINT
1 !
[Code Description I
'm'~""_ ---- -,=,==, "'~"""-~-~,~"'''-,,--~-,,-,--' "--~""'-'---"~'"''-''--''''''''''''''''''''''''' IZ1 Oxford White

ISEATTYPE
I
'Code Description !
_mm"""m""""'''N<''~'''_''''''''''''''M'''' "''''''''''''''''''''''''m''''''~~~~_",,,,,,,,,,,,,,,,,,,,,,~,_~,,,,,,,,,,,,,,,,,,,,,, """"''''''m''''_'''''''' __ '~_''''''''''''''''m''~~ ___ '''''''''''''''' AS Medium Dark Slate, HD Vinyl 40/20/40 Split Bench Seat, -inc: center armrest, cupholder, storage and driver's side manual lumbar

AXLE RATIO
Code IDescri~"tion
X37 3.73 Axle Ratio, (STD)

ADDITIONAL EQUIPMENT
I
'''-,~",
In
-
-M~=_"_----M
ICode 1---
iption
I
--
Camper Package, -inc: extra heavy service front springs (2 up upgrade above the spring i computer selected as a consequence of options chosen, Not included if maximum springs have ! been computer selected as standard equipment), rear auxiliary springs and slide-in camper 1471 certification, Note 1: Salesperson's source book or Ford RV trailer towing guide should be 1 consulted for specific trailer towing or camper limits and corresponding required equipment, I
i
axle ratios and model availability, Note 2: May result in deterioration of ride quality when vehicle !
is not equipped w/camper, Rear Stabilizer Bar I
1,--
-'=MM ,,-
XL Chrome Package, -inc: Halogen Fog Lamps, Bright Chrome Hub Covers & Center 96V Ornaments, Chrome Rear Step Bumper, Chrome Front Bumper, BoxLink, 4 premium locking cleats and interface brackets
[67"'E
""''''''''''''''''''''''''''''''''''""''''''''''''''''''_m''''''''''''''''''N'''''''''''''''''''''''' ....,'''''..''''''...."~'''''''''''''''''' ..,,""""''''''''''''''''''''''''''''''.''''''' ___ ~,_ ..'''''.._'''' ..,,_''''..,..'''''''............ ''''' '''''''''''''''''''''''''''''''_'''"''''''''''''''' ..~'''m''' ..''·''·,.w .... '''''''''' .......... ,''',, 250 Amp Alternator (Gas)
i6{)~ Upfitter Switches (6), -inc: Located in overhead console Packet Page 390
I
r:
143C 120V/400W Outlet, -inc: 1 in-dash mounted outlet I i
I

OPTION PACKAGE I
Code Description
600A Order Code 600A
~
I
Packet Page 391
2023 Fleet/Non-Retail Ford Super Duty F-250 SRW XL 2WD
Reg Cab 81 Box 142" WB '

WINDOW STICKER
2023 Ford Super Duty F-250 SRW XL 2WD Reg Cab 8' Box 142" WB

CODE MODEL MSRP
F2A 2023 Ford Super Duty F-250 SRW XL 2WD Reg Cab 8' Box 142" WB $43,970.00

OPTIONS
99A Engine: 6.8L 2V DEVCT NA PFI V8 Gas, (STD) $0.00
44F Transmission: TorqShift-G 1O-Speed Automatic, (STD) $0.00 TD8 Tires: LT245/75Rx17E BSW AlS, (STD) $0.00
Z1 Oxford White $0.00
AS Medium Dark Slate, HD Vinyl 40/20/40 Split Bench Seat, -inc: center armrest, cupholder, storage and $0.00 driver's side manual lumbar
X37 3.73 Axle Ratio, (STD) $0.00
471 Camper Package, -inc: extra heavy service front springs (2 up upgrade above the spring computer $160.00 selected as a consequence of options chosen, Not included if maximum springs have been computer selected as standard equipment), rear auxiliary springs and slide-in camper certification, Note 1:

Salesperson's source book or Ford RV trailer towing guide should be consulted for specific trailer towing or camper limits and corresponding required equipment, axle ratios and model availability, Note 2: May result in deterioration of ride quality when vehicle is not equipped w/camper, Rear Stabilizer Bar 96V XL Chrome Package, -inc: Halogen Fog Lamps, Bright Chrome Hub Covers & Center Ornaments, $225.00 Chrome Rear Step Bumper, Chrome Front Bumper, BoxLink, 4 premium locking cleats and interface brackets
67E 250 Amp Alternator (Gas) $85.00
66S UpfiUer Switches (6), -inc: Located in overhead console $165.00 43C 120V/400W Outlet, -inc: 1 in-dash mounted outlet $175.00 600A Order Code 600A $0.00
Please note selected options override standard equipment SUBTOTAL $44,780.00
Advert! Adjustments $0.00
Manufacturer Destination Charge $1,895.00
TOTAL PRICE $46,675.00
Est City: N/A MPG
Est Highway: N/A MPG
Est Highway Cruising Range: N/A mi
Packet Page 392
Standard Equipment

MECHANICAL
Engine: 6.SL 2V DEVCT NA PFI VS Gas (STD)
Transmission: TorqShift-G 10-SpeedAutomatic -inc: SelectShift and selectable drive modes: normal, eco, [slippery roads, tow/haul and trail (STD)
1~3AXleR~(STD) _~ ~_~~~~~~~ __~ ~ __

EXTERIOR
rTi~~~LT245/75Rx17E : BSW AlS -inc: Spare may not be the same as road tire (sTD)l WHEELS
!Wheels: 17"Argent Painted Steel -inc: painted hub covers/center ornaments

ADDITIONAL EQUIPMENT
50-State Emissions System ~,~-
Transmission w/Oil Cooler
Rear-Wheel Drive
- ----
7S-Amp/Hr750CCA Maintenance-Free Battery w/Run Down Protection 160Amp Alternator
-,," =....,.,_",,"'--
Class V Towing Equipment -inc: Hitch, Brake Controller and Trailer Sway Control lTrailer Wiring Harness
"~"'~"~'·"'·'·'"M-''''·=-·~_~~·~M·_''''' , ,--------.-- ..........."....~ -~-....... .-- ......... "'-............. ,,~......... =~~- .,..."""' ................. """"....... ~ ... "__.. ._,,'" 1426S#Maximum Payload
1S1_~R..~: 10,ooq~bPayload Package -.... .---. --
IHD Shock Absorbers
r---
lFront Anti-Roll Bar
rFi~mSuspension
lHydraulic Power-Assist Steering
.•.._...
1348al. Fuel Tank
Single Stainless Steel Exhaust
............... .__ ......... ·~..... _u..~_·__ ...... _'"' _____ .____.__,_._,,..__.,.,_... ~~__...__.~_.._..........._,_ ...__ ..,.

Front Suspension w/Coil Springs
Solid Axle Rear Suspension w/Leaf Springs
!4-VVheelDisc Brakes w/4-Wh~~1ABS, Front And Rear Vented Discs, Brake Assist and Hill Hold-Control Regular Box Style
Steel Spare Wheel
Full-Size Spare Tire Stored Underbody w/Crankdown
'--"-.,.~ --".,..,~~
rClearcoat Pai~t
Packet Page 393
Black Front Bumper w/Black Rub Strip/Fascia Accent and 2 Tow Hooks Black Rear ~pBumper
Black Side Windows Trim and Black Front Windshield Trim Bl
UU__ackH"'______Door '" Handles
"' "" "'-,,-""-""""""""""""'''''...

Black Power Heated Side Mirrors w/Convex Spotter, Manual Folding and Turn Signal Indicator Manual ExtendableTrailerStyleM~~~~~ _____ ~~~_~ ________ ~ _____~ __~ __~~_~"'~ ___ Fixed Rear Window
I Light Tinted Glass
Variable Intermittent Wipers
IAluminum Panels
r---""""""""""""""""'-"'"'''''''''''''"''"'''''''''''''''-''-'''''-''''-'--"''"'-,-""""""'"""""""--"""""""""",.,,,,""---,,,,,,'--"""""""--,,-""-"""--------- Black Grille
jTailgate Rear Cargo Access
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Packet Page 395

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.K.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Laura Calata, Administrative Analyst
DATE: June 1, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING EXTENSION OF THE

FACADE LOCAL IMPROVEMENT PROGRAM (FLIP) SEASIDE
PROGRAM DEADLINE UNTIL JUNE 30, 2024 AND APPROVING

CARRYOVER OF THE REMAINING ACTUAL BALANCE OF THE
FLIP SEASIDE FUNDS TO FY23-24

RECOMMENDATION
Adopt a resolution authorizing extension of the FLIP Seaside facade improvement program deadline until June 30, 2024 and approving carryover of the remaining actual balance of FLIP Seaside funds to FY23-24.

BACKGROUND
On October 7, 2021, the Seaside City Council adopted resolution no. 21-101 approving Administrative Policies and Procedures for a storefront improvement grant program entitled "FLIP Seaside" and appropriated $150,000 to implement the program.

The FLIP Seaside Program was approved for the term October 1, 2021, to June 30, 2022, and offers a 75% matching grant, up to $7,500 for projects over $10,000, to help fund facade improvements such as awnings, paint, windows, doors, signs, barriers for COVID-19 readiness, and other minor improvements.

On October 8, 2021, following the City Council approval of the program, City staff opened up the online application window and conducted broad outreach to publicize the program including via press releases on the City website, distribution of flyers to businesses, word of mouth, and City of Seaside business newsletter.

On July 7, 2022, the Seaside City Council adopted resolution 22-80 authorizing the extension of the FLIP Seaside project until June 30, 2023. Since then, staff has Packet Page 396

Item No. 8.K. Page 2 of 3
advertised the program through multiple means of communication including business walks, the monthly City of Seaside business newsletter, the City website and word of mouth. Hiring a bilingual staff member has allowed Spanish speaking business owners to become aware of the program as well.

Between October 8, 2021 and May 18, 2023, the City has disbursed grant monies to thirteen applicants. This fiscal year, three applicants have completed their projects and have been reimbursed, three applicants are in the construction phase and four applicants are sourcing quotes to begin their projects. Of the four applicants who are sourcing quotes, three are interested in new signage for their storefronts and the other is interested in a patio area in front of their business. These four applicants have acted in good faith and are working actively with the City and their design professionals to move their projects forward. A summary of the applications is provided in Attachment

2. Collectively, since inception there have been thirteen completed projects which have stimulated $175,529 in private investment by Seaside property and business owners, which has been matched by $75,455 in FLIP Seaside grants. The FLIP Seaside program, in partnership with program participants, has had a significant positive impact on the Seaside business corridors, including enhanced curb appeal and a welcoming business environment.

With a total of $75,455 disbursed, $50,461 encumbered for four projects and three pending reimbursement requests, the FLIP Seaside program has a remaining balance of $24,084. Per the adopted program policies and procedures, the City Council can authorize the carryover of any remaining funds and the continuation of the program.

Staff recommends the City Council extend the program until June 30, 2024 and authorize the carrying over remaining funds to FY23-24; this will allow applicants who are sourcing quotes to complete their projects and receive reimbursement for eligible costs. Staff also recommends closing the application deadline on December 31, 2023 to allow applicants up to six months to complete their project. Staff will continue their outreach efforts to encourage any new applicants to apply for the unencumbered remaining funds.

FISCAL IMPACT
There is no new fiscal impact associated with this action. Carrying over remaining program funds to FY23-24 will help fund additional storefront improvements which will enhance the City's commercial corridors and create a welcoming business environment.

ATTACHMENTS

1. Resolution

2. FLIP Seaside Applications
Packet Page 397

Item No. 8.K. Page 3 of 3

3. Completed FLIP Projects FY22-23
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 398
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE AUTHORIZING EXTENSION OF THE FLIP SEASIDE PROGRAM UNTIL JUNE 30, 2024 AND APPROVING CARRYOVER OF THE REMAINING ACTUAL BALANCE OF FLIP SEASIDE BUDGET TO FY2023-2024.

WHEREAS, on October 7, 2021, the Seaside City Council adopted Resolution No. 21-101 approving Administrative Policies and Procedures for a storefront improvement grant program entitled “FLIP Seaside” and appropriated $150,000 to implement the program; and
WHEREAS, the FLIP Seaside program was approved and offered a 75% matching grant, up to $7,500 for projects over $10,000, to help fund façade improvements such as awnings, paint, windows, doors, signs, and other minor improvements; and
WHEREAS, on July 7, 2022, the Seaside City Council adopted Resolution No. 22-80 authorizing the extension of the FLIP Seaside program until June 30,2023; and WHEREAS, thirteen businesses have been reimbursed since the start of the program, three have recently submitted their packets for review and at least four more businesses have submitted an application and are interested in moving forward with a project, and
WHEREAS, as of the end of FY22-23, the City has several pending FLIP Seaside applications and deems necessary to extend the program deadline until June 30,2024 while allowing applications to be accepted until December 31,2023 to allow applicants up to six months to complete their project.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside hereby authorized the City Manager to extend the FLIP Seaside program until June 30,2024, and to carryover the actual remaining balance of the FLIP Seaside budget to FY23-24.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 1st day of June, 2023, by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
Packet Page 399
-2
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
______________________________
Sheri L. Damon, City Attorney
Packet Page 400
No. Project Address Business Name Improvement Type Project Cost FLIP Seaside Match Status 1 720 Broadway Ave. The Oven Pizzeria Signage $ 6,694.33 $ 5,020.75 Completed/ reimbursed 2 1123 Fremont Blvd. The Creperie Café Signage, paint $ 4,191.75 $ 3,143.00 Completed/ reimbursed 3 500 Broadway Ave. Deja Blue Signage $ 12,023.10 $ 7,500.00 Completed/ reimbursed 4 1096 Canyon Del Rey Kitchen Studio Paint, landscaping and window $ 7,281.03 $ 5,460.77 Construction phase 5 877 Broadway Ave. Other Brother Beer Company Parklet $ 16,081.43 $ 7,500.00 Construction phase 6 1351 Fremont Blvd. Monterey Psychic Center Awnings and lighting $ 11,400.00 $ 7,500.00 Construction phase 7 1760 Fremont Blvd., Suite D1 Lynn's Arcade Outdoor patio $14,500* $7,500* Sourcing quotes 8 704 Broadway Ave. The Hem Nutrition Signage $10,000* $7,500* Sourcing quotes 9 630 Broadway Ave. Side Affects Signage $10,000* $7,500* Sourcing quotes 10 800 Broadway Ave., Suite C Congo-Go Signage $10,000* $7,500* Sourcing quotes $ 150,000.00
$ (59,791.48)
$ (15,663.75)
$ (20,460.77)
$ (30,000.00)
Remaining Balance $ 24,084.00
Encumbered funds for projects in the construction phase Encumbered funds for applicants sourcing quotes
Reimbursements FY22
FY 22-23 FLIP Seaside Applications
*Indicates staff-estimated projects costs based on applicant's requests for the maximum FLIP Seaside amount of $7,500. These applicants are still finalizing their project plans and may not know exact costs until they secure bids and enter into a contract.

FLIP starting budget
Reimbursements FY23 (through May 2023)
Packet Page 401
Completed FLIP Projects FY22-23
720 Broadway Avenue- The Oven Pizzeria
Improvements: Signage

BEFORE AFTER
Packet Page 402
Completed FLIP Projects FY22-23
1123 Fremont Boulevard- The Creperie Café
Improvements: Signage, paint

BEFORE AFTER
Packet Page 403
Completed FLIP Projects FY22-23
500 Broadway Avenue- Deja Blue
Improvements: Signage

BEFORE AFTER
Packet Page 404

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.L.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: June 1, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH WHITSON

ENGINEERS FOR COMMUNITY OUTREACH FOR THE LINCOLN

CUNNINGHAM AND HAVANA SOLIZ PARKS MASTER PLANS
PROJECT FOR AN AMOUNT NOT TO EXCEED $18,600.00

RECOMMENDATION
Adopt a resolution authorizing an amendment to the professional services agreement with Whitson Engineers to perform community outreach for the Lincoln Cunningham and Havana Soliz Parks Master Plans Project for an amount not to exceed $18,600.00.

BACKGROUND
On January 30, 2023, staff provided a presentation to the City Council for approval of a professional services agreement (PSA) with Whitson Engineers to develop a master plan for Lincoln Cunningham and Havana Soliz Parks. The scope of work included assessing existing conditions, preparing three concepts, and developing a master plan for Lincoln Cunningham and Havana Soliz Parks which incorporates concept level design of the features and trails in parks. At the meeting, the City Council approved the PSA in the amount of $66,000.00 but requested community outreach prior to the start of development of the concepts.

City staff requested a proposal for the expanded scope of work of community outreach.

Whitson Engineers submitted the proposal on May 22, 2023 for an amount not to exceed $18,600.00. The scope includes a kick-off meeting, community town hall meeting, meeting summary of the town hall meeting, park site walk community meeting, meeting summary of the of the park site walk community meeting, draft concept plan review public meeting, summary of Parks and Recreation Commission (PRC) meeting and community input, review PRC and community response with City Packet Page 405

Item No. 8.L. Page 2 of 2
staff, and presentation of final concept plan to PRC. Staff reviewed the scope and fee of the proposal, and finds it acceptable.

FISCAL IMPACT
The proposed contract amendment with Whitson Engineers for community outreach for the Lincoln Cunningham and Havana Soliz Parks Master Plan is in the amount of $18,600.00.

The original professional services agreement is in the amount of $66,000.00, and was approved by the City Council with a 10% contingency of $6,600.00 for a total agreement amount of $72,600.00. None of the contingency has been spent to date.

The adopted fiscal year 2022/23 budget for the Phase 1 Trails (Account No. 342-8910- 9581) is $269,100.00. There is a budget of $196,500.00 available in Phase 1 Trail Account for the amendment of $18,600.00.

Staff recommends adopting a resolution authorizing an amendment to the professional services agreement with Whitson Engineers to perform community outreach for the Lincoln Cunningham and Havana Soliz Parks Master Plans Project for an amount not to exceed $18,600.00. such that the total agreement does not exceed $91,200.00.

ATTACHMENTS

1. Resolution

2. Whitson PSA Amendment 1
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 406
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT WITH WHITSON ENGINEERS TO ADD COMMUNITY OUTREACH

TO THE LINCOLN-CUNNINGHAM AND HAVANA-SOLIZ PARK CONCEPT PLANNING FOR AN AMOUNT NOT TO EXCEED $18,600.00
WHEREAS, on January 30, 2023, the City Council approved a professional services agreement with Whitson Engineers for the Lincoln-Cunningham and HavanaSoliz Parks Master Plan Project to develop the develop park concepts to include providing park layouts, determining trail locations, ensuring proper drainage, and preparing for accessibility in anticipation of future park amenities, for a not to exceed amount of $66,000.00, with a 10% budget contingency of $6,600.00; and, WHEREAS, Staff has requested that Whitson Engineers and their sub-consultant BFS Landscape Architects conduct community outreach events as part of the master planning effort; and,
WHEREAS, Whitson Engineers submitted a proposal on May 22, 2023, to add the requested community outreach events, including a virtual town hall meeting, a park site walk meeting, and a public concept plan review meeting, in the amount of $18,600.00; and,
WHEREAS, Staff has determined that the proposed scope of work and fee are reasonable and within the approved budget; and,
WHEREAS, the adopted fiscal year 2022/23 budget for the Phase 1 Trails Project (Account No. 342-8910-9581) is $269,100.00; and
WHEREAS, a budget of $196,500.00 available to date in Phase 1 Trail Account for the amendment of $18,600.00; and
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute an amendment to the professional services agreement with Whitson Engineers for community outreach to the Lincoln-Cunningham and Havana-Soliz Parks Master Plan for an amount not to exceed $18,600.00 and a total possible agreement of $91,200.00.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 1st day of June, 2023, by the following vote:

Packet Page 407
AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
Packet Page 408
CONTRACT AMENDMENT #1

PROFESSIONAL SERVICES
City of Seaside

Date: May 23,2023 Change Requested by: _X_ City/District _ _ Consultant Contract Date Project Name
___01/30/2023__ ___Lincoln Cunningham and Havana Soliz Parks Concept Plans Project To (Consultant): Whitson Engineers, 6 Harris Court, Monterey, CA 93940 You are directed to make the following changes to the Contract Documents or amend the following described work not included in the contract documents for this project.

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

MODIFY the following text in Section 1, “Term.”
This Agreement shall commence on the effective date stated 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.

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

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

Original Contract
Amount
Previous CCO Total (Not
including this
Amendment)
This
Amendment
Total
Revised Contract
Amount
$66,000.00 $0.00 $18,600.00 $84,600.00
Original Contract
Time
Original Completion Date
Days To Date
(Including This
Amendment)
Revised Completion
Date
5 Months June, 30, 2023 12 June, 30, 2024
Packet Page 409
CONTRACT AMENDMENT #1

PROFESSIONAL SERVICES
City of Seaside
S ITTE BY:
i b=>
Nisha Patel, PW Director/City Engineer
s/:>q /z-a
v Srgnature - Name and Title Date
CITY APPROVAL BY:

Jaime M. Fontes, City Manager
Signature Name and Title Date

CONSULTANT -
ACCEPTANCE BY:
'2 Richard Weber, Principal
slm)uzi
Signature Name and Title " bate

Packet Page 410
t:\monterey projects\2071.32 lincoln and havana parks\docs\_contract\add 1 public outreach\2071.32 add 1.docx April 18, 2023 Project No.: 2071.32
Nisha Patel
City Engineer
City of Seaside
440 Harcourt Ave.

Seaside, CA 93955
Via email: [email protected]
Re: Lincoln-Cunningham & Havana-Soliz Park Master Plan
Additional Services Proposal #1
Dear Ms. Patel:

Thank you for the opportunity to make this proposal for the subject project. This proposal addresses additional services requested by the city as outlined in the attached proposal by BFS Landscape Architects.

Our requested fee increase for the services described is $18,600, as shown in the attached fee estimate. Our revised contract amount is $84,600 ($66,000 Original Contract plus $18,600 this Add Service #1).

Progress billings will be on a Time and Materials basis as work is being completed, in accordance with the attached Rate Schedule.

If this proposal is acceptable, please forward a contract amendment for execution.

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

Sincerely,
Whitson Engineers
Nathaniel Milam, PE, QSD | Senior Civil Engineer
for
Richard Weber PE, LS, QSD | Principal
RCE 55219, LS 8002, QSD 20534
Packet Page 411
Lincoln-Cunningham and Havana-Soliz Park Improvements
Time and Materials Estimate
4/18/2023 NDM T41
Additional Services Proposal #1 - Public Outreach
PE SCE LS AE AE2 1P 2P
Rate: $ 240 $ 195 $ 175 $ 150 $ 130 $ 210 $ 350 Hours Cost Public Outreach (subconsultant) 0 $ -
Civil Support of Public Outreach effort 4 4 8 $ 1,380
-- Project Management, QA/QC 2 4 6 $ 1,260
Subtotal: 2 8 0 4 0 0 0 14 $ 2,640
Professional Personnel Estimate: $ 2,640
Subconsultant - BFS Landscape Architects: $ 14,500
10% Administrative Fee: $ 1,450
Reimbursable Expenses Budget: $ 10
Total Estimate, Master Plan: $ 18,600
Total Estimate: $ 18,600
Totals
4/18/2023 Page 1 2071.32 Add 1 Estimate.xls
Packet Page 412
2 0 2 3 0 4 1 7 _ L i n c o l n C u n n i n g h a m H a v a n a S o l i z - C o m m u n i t y O u t r e a c h A d d S e r v i c e . d o c x Additional Scope of Services
Lincoln Cunningham Havana Soliz Master Plan
April 17, 2023

5.1 Community Outreach

5.01 Kickoff Meeting: Meet with City staff to review community outreach strategy. Set dates for meetings.

Coordinate online protocols and management.
a. BFS assumes project will be hosted on City of Seaside website. b. Project material mailing, distribution and posting to website page to be managed by City staff. c. Meeting materials to be available in English. If Spanish translation is needed this will be an additional scope item.

5.02 Community Townhall Meeting:
a. Coordinate and facilitate community townhall meeting on a virtual platform (i.e., Zoom/Google Meet). Community meeting to be scheduled to cast a wide net for community input. b. Work with City staff to provide noticing to the community. BFS to prepare fliers and digital notices.

Opportunity to submit written comments is included.
c. Online forum and agenda:

1. Meeting to be set up in a town hall forum to introduce the project scope to the community.

2. Meeting to include brief presentation by City Staff and BFS (PowerPoint/PDF) followed by Q&A period. BFS to review Q&A facilitation with City staff. (BFS suggests a timed window for participants to provide ideas, suggestions, and comments)

5.03 Meeting Summary: BFS to summarize virtual meeting and all community input received. Provide City staff a document that can be posted online to project website. Review the community feedback with City staff and make recommendations about priorities and next steps moving forward.

5.04 Park Site Walk Community Meeting
a. Coordinate and facilitate a site walk with City staff, BFS and the community. Meet with community at Lincoln Cunningham and Havana Soliz. Walk the site in groups and review questions and concerns the community may have. Based on size of group, split into multiple groups with multiple facilitators. At end of meeting, meet as (1) large group to discuss comments and next steps. b. Work with City staff to provide notice to the community. BFS to prepare fliers and digital notices. c. Park Site Walk Agenda:

1. Meeting to be hosted onsite at Park. Community to be given opportunity to walk site with City Staff and Design Team to present ideas and concerns.

2. Meeting to include brief introduction and closing by BFS and City Staff

5.05 Meeting Summary: BFS to summarize meetings and all community input received. Provide City staff with a document that can be posted online to project website. Review the community feedback with City staff and make recommendations about priorities and next steps moving forward.

5.06 Draft Concept Plan Review Public Meeting:
a. Coordinate posting of Draft Concept Plan to online platform by City staff for community review and input. Create opportunities for community to provide digital feedback and response.

Packet Page 413
2 0 2 3 0 4 1 7 _ L i n c o l n C u n n i n g h a m H a v a n a S o l i z - C o m m u n i t y O u t r e a c h A d d S e r v i c e . d o c x B F S L A N D S C A P E A R C H I T E C T S A p r i l 1 7 , 2 0 2 3 | P a g e 2 o f 2 b. Work with City staff to provide noticing to the community of the presentation of the Draft Concept plan to the Parks and Recreation Commission (PRC). c. Present Draft Concept Plan to PRC with City staff. BFS to prepare presentation (PowerPoint /PDF).

5.07 BFS to summarize PRC meeting and community input. Provide a document that can be posted online, by City staff, to the project website.

5.08 Review PRC and community response with City staff. BFS and City staff to identify revisions or comments to be incorporated into the Final Concept Plan.

5.09 Final Plan Review Public Meeting:
a. Coordinate posting of Final Concept Plan to online platform by City staff for community review and input.
b. Work with City staff to provide noticing to the community of the presentation of the Final Concept plan to the Parks and Recreation Commission (PRC).

Present Final Concept Plan to PRC with City staff. BFS to prepare presentation (PowerPoint /PDF).

LUMP SUM FEE Tasks 5.01–5.09 $14,500

AGREED & AUTHORIZED TO PROCEED
Name Date
Company
HOURLY RATES AND REIMBURSABLE EXPENSES: See current Standard Schedule of Compensation. All costs for printing, special delivery, horticultural soils analysis, Owner business licenses and fees, consultant services, and other costs directly related to the project would be billed as a reimbursable expense at our cost plus a fifteen percent administration charge.

Attachments: Standard Schedule of Compensation, dated 5/2022.

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

Packet Page 414
1580 West El Camino Real, Suite 12, Mountain View 94040 Q (650) 326-6622 P Q (650) 963-9421 F
425 Pacific Street, Suite 201, Monterey, California 93940 Q (831) 646-1383 P Q (831) 373-8653 F BFS Landscape Architects Q bfsla.com
landscape
architects
Standard Schedule of Compensation
May 2022

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

Principal $220/hour
Associate Principal $205/hour
Associate $190/hour
Project Manager $170/hour
Assistant Project Manager $160/hour
Designer $140/hour
Assistant Designer $120/hour
Design/Graphics Intern $45/hour
Word Processor/Clerical $85/hour

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

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

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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.M.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Paul Blaha, Deputy Fire Chief
DATE: June 1, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONTRACT WITH CARMEL FIRE PROTECTION

ASSOCIATES FOR FIRE PREVENTION, PLAN REVIEW AND

ALARM SYSTEM INSPECTION SERVICES FOR AN AMOUNT NOT
TO EXCEED $100,000.00

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a professional services agreement with Carmel Fire Protection Services for $100,0000.00.

BACKGROUND
The City of Seaside is seeking to enter into an agreement with consultants, Carmel Fire Protection Associates, to provide fire prevention services, including plan review and sprinkler/alarm system inspections. The City has contracted with Carmel Fire Protection Associates since 2012. However, for additional support in relation to the Grand Hyatt Hotel project, the contract amount has been increased to accommodate the workload.

The City shall pay the consultant an hourly rate of $203.00 or a set fee based on the adopted fee schedule (Exhibit B), and the services shall not exceed $100,000.00 for the term of the contract, which is July 1, 2023 to June 30, 2024.

At the request of the Seaside Fire Department, Carmel Fire Protection Associates shall provide professional consultation and engage in fire prevention services, including plan review and inspections for the following:
• Fire Sprinkler Systems – Commercial (above ground)
• Fire Sprinkler Systems – Commercial (underground connection) • Fire Sprinkler Systems – Residential
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Item No. 8.M. Page 2 of 2
• Fixed Fire Protection System – Kitchen Hood & Duct
• Fire Pump Inspection
• Fire Alarm System – Commercial

FISCAL IMPACT
The cost of the consultants' services of up to $100,000.00 will be paid from the City's general fund.

ATTACHMENTS

1. Contract
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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Rev. 2/19 Page 1 COS PSA- Short Form

CITY OF SEASIDE

PROFESSIONAL SERVICES AGREEMENT
City of Seaside Fire Prevention / Plan Review / Alarm
System Inspection Services
This agreement is made by and between the City of Seaside (City), and Carmel Fire Protection Associates (Consultant).

A. Engagement: The City agrees to engage the Consultant to perform fire prevention services, including plan review and sprinkler / alarm system inspections as outlined in Exhibit A.

B. Relationship: The Consultant is an independent contractor and is not to be considered an agent or employee of the City.

C. Compensation: The City shall pay consultant $203.00 per hour or set fee based on fee schedule (Exhibit B). Services are not to exceed one hundred thousand dollars ($100,000) for the term of this contact.

D. Method of Payment: The City shall pay within 30 days in accordance with Consultant’s Fee Schedule, upon receipt of a written invoice from Consultant detailing services rendered.

E. Term: The term of this agreement shall commence on July 1, 2023 and terminate June 30, 2024.

F. Termination: This agreement may be terminated; (a) by either party at any time for failure of the other party to comply with the terms and conditions of this Agreement; (b) by either party upon 10 days prior written notice to the other party; or (c) upon mutual written agreement of both parties. In the event of termination, the Consultant shall stop work immediately and shall be entitled to compensation for professional fees and expense reimbursement to the date of termination and for any work necessitated by that termination.

G. Indemnity: To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or sub consultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this agreement. Consultant’s duty to indemnify and hold harmless Agency shall not extend to the Agency’s sole or active negligence.

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H. Duty to Defend: In the event the Agency, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this agreement, and upon demand by Agency, Consultant shall defend the Agency at Consultant’s cost or at Agency’s option, to reimburse Agency for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by Agency is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and Agency, as to whether liability arises from the sole or active negligence of the Agency or its officers, employees, or agents, Consultant will be obligated to pay for Agency’s defense until such time as a final judgment has been entered adjudicating the Agency as solely or actively negligent. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.

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

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

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

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

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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.

J. Project Management. The Fire Chief will represent the City for all purposes under this Agreement. The Fire Chief is designated as the Project Manager for the City. The Project Manager will be Consultant’s point of contact with respect to performance, progress and execution of the Services. The City may designate an alternate Project Manager from time to time. The person designated is the Deputy Chief / Fire Marshal Paul Blaha.

K. Ownership of Work Product:
a. Ownership of all imagery, reports, data, studies, surveys, charts, memoranda, and any other documents which are developed, compiled, or produced as a result of this agreement, whether or not completed, shall vest with the City.
b. Materials developed under this agreement are the property of the City and may be used by the City as it sees fit, including the right to distribute, review or publish the same without limitation.
c. The City agrees to hold Consultant harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans, specifications, drawings, maps, models, computer files and other documents for purposes other than those described in this Agreement, unless written authorization of Consultant is first obtained.

L. Assignment
a. 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 City.
b. Consultant may use assistants under his/her supervision to perform services under this Agreement.

M. Conflict of Interest
a. Consultant shall at all times avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Contract. b. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code §87100 et seq.) Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a "Statement of Economic Interest" with City disclosing Consultant’s and/or such other person’s financial interests.

N. Miscellaneous:

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a. The entire agreement between the parties with respect to the subject matter hereunder is contained in this agreement.
b. Neither this agreement nor any rights or obligations hereunder shall be assigned or delegated by the Consultant without the prior written consent of the City.
c. This agreement shall be modified only by written agreement duly executed by the City and the Consultant.
d. Should any of the provisions hereunder be found to be invalid, void or voidable by a court, the remaining provisions shall remain in full force and effect.
e. This agreement shall be governed by and construed in accordance with the laws of the State of California.
f. All notices required or permitted under this agreement shall be deemed to have been given if and when deposited in the United States mail, properly stamped and addressed to the party for whom intended at such party’s address listed below, or when delivered personally to such party. A party may change its address for notice hereunder by giving written notice to the other party.

Wherefore, the parties have entered into this agreement as of the later of the dates stated below.

Approved:

Dated: _____________, 2023 Consultant: Carmel Fire Protection Associates By: _________________________
Art Black
Title: Owner
Address: Box 7168, Carmel CA 93921

Dated: _____________, 2023 City of Seaside:
_______________________
By: Jaime M. Fontes
Title: City Manager
Attachments: Exhibit A Scope of Work
Exhibit B Fee Schedule
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EXHIBIT A

SCOPE OF WORK
At the request of the Seaside Fire Department, Carmel Fire Protection Associates (Consultant) shall provide professional consultation and engage in fire prevention services, including plan review and inspections for the following:
• Fire Sprinkler Systems – Commercial (above ground)
• Fire Sprinkler Systems – Commercial (underground connection) • Fire Sprinkler Systems – Residential
• Fixed Fire Protection System – Kitchen Hood & Duct
• Fire Pump Inspection
• Fire Alarm System – Commercial
Exhibit B
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Fee Schedule
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Andrew Myrick, Economic Development & Community Planning Manager DATE: June 1, 2023
SUBJECT: ADOPT AN ORDINANCE AMENDING THE ZONING MAP FOR THE PROPERTY LOCATED AT 1620 BROADWAY AVENUE (SECOND
READING - ROLL CALL VOTE) (CEQA CLASS 32 EXEMPTION)

RECOMMENDATION
Adopt an ordinance approving a Zoning Map Amendment for 1620 Broadway Avenue.

BACKGROUND
1620 Broadway Avenue (Assessor's Parcel Number 012-631-003-000) is located at the southeast corner of Broadway Avenue and Yosemite Street. It is presently occupied by the Greater Victory Temple, a religious institution. The property is approximately 2 acres in size. It is bounded on the south and east by multi-family residential dwellings.

Directly across the street to the north is the City of Seaside's Fire Station No. 1 and the Dr. Martin Luther King Jr. School of the Arts, a public school, while directly across the street to the west is the Seaside Community Seventh-Day Adventist Church. Beyond these uses are primarily single-family dwellings. A Vicinity Map is provided as Attachment 2.

The General Plan designates 1620 Broadway for Medium-Density Single-Family Residential land use; similarly, the Zoning Map designates the property as being in the Single-Family Residential (RS-12) Zoning District. This contrasts with the remainder of the properties located on the same City block, which are designated for High-Density Residential development.

In July 2022 California Assembly Bill 2244 was signed into law. Among other things, AB 2244 provides relief from parking requirements for religious institutions seeking to construct housing on their properties. However, under the present single-family zoning designation, any proposed dwelling unit on the property would need to have its own, separate subdivided lot. This is an impractical arrangement in the event that Victory Packet Page 424

Item No. 9.A. Page 2 of 2
Mission attempted to construct housing while maintaining its operation as a religious institution. Accordingly, staff is recommending that the City change the General Plan Designation and Zoning of the property to High-Density Residential. In addition to increasing the number of potentially allowed units from 23 to 50 (although any units actually built would likely be significantly less due to a large portion of the property being used as a religious institution), units built would not need to be subdivided into separate ownership lots, making the development of housing on the site feasible.

There are several reasons why this site is particularly suited to such a change:
- The Property is located at a major intersection, is well-served by mass transit, and is located less than a half-mile from the intersection of two significant bus routes; - The Property is located across the street from the Seaside Community Seventh-Day Adventist Church, which meets on Saturdays and cooperates with Victory Mission with regards providing parking at the various sites;
- The remainder of the block is already zoned for High-Density Residential (see Attachment 3) and the proposed designation would enable the Property to be developed consistent with the existing development; and
- The site is not located adjacent to any single-family dwellings.

Staff will continue to evaluate sites which may be appropriate for rezoning as they are identified.

On May 18, 2023, the City Council adopted a Resolution changing the General Plan Land Use designation to High-Density Residential. It also introduced an Ordinance to change the Zoning designation to High-Density Residential. The second reading of that Ordinance is now before the Council.

FISCAL IMPACT
No fiscal impact is associated with this project.

ATTACHMENTS

1. Draft Ordinance Zoning Map

2. Vicinity Map

3. Land Use and Zoning Map
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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1 ORDINANCE NO. _________

AN ORDINANCE OF THE CITYCOUNCIL OF THECITY OF SEASIDE

AMENDING THE ZONING MAP TO CHANGE THE ZONING DISTRICT OF ASSESSOR’S PARCEL NUMBER 012-631-003-000 LOCATED AT 1620 BROADWAY AVENUE FROM SINGLE-FAMILY RESIDENTIAL TO HIGHDENSITY RESIDENTIAL WHEREAS, Monterey County Assessor’s Parcel Number (APN) 012-631-003- 000, also known as 1620 Broadway Avenue, is a parcel of land approximately 2 acres in size located at the southeast corner of Yosemite Street and Broadway Avenue (hereafter referred to as the “Property”); and
WHEREAS, the Property is presently identified in the Zoning Ordinance Map as being within the Single-Family Residential (RS-12) Zoning District; and WHEREAS, the RS-12 Zoning District allows only a single dwelling unit per parcel of land; and
WHEREAS, the Property is presently occupied by the Greater Victory Temple, a religious institution; and
WHEREAS, the State of California has passed several bills promoting housing construction, including AB 2244, which promotes the development of housing on property owned by religious institutions; and
WHEREAS, the Property is located on a block that is otherwise presently zoned for and occupied in its entirety by High-Density Residential uses; is located at the intersection of two major roads; is located directly across the street from the Seaside Fire Station and another religious institution; and is located within the Seaside Municipal Water District, making it an appropriate site to develop residential uses at a density greater than one unit per parcel; and WHEREAS, the proposed General Plan Amendment is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (InFill Development Projects) of the CEQA Guidelines; and WHEREAS, on April 26, 2023, the Seaside Planning Commission reviewed the proposed Zoning Map Amendment and recommended that the City Council deny the proposed amendment; and
WHEREAS, on May 18, 2023, the City Council amended the General Plan to change the land use designation of the Property from Medium-Density Single-Family Residential to High-Density Residential.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SEASIDE:

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2 SECTION 1. The City Council hereby finds and determines the foregoing recitals, which are incorporated herein by reference, are true and correct.

SECTION 2. The Seaside Zoning Map is hereby amended to change the Zoning District of the Property from Single-Family Residential (RS-12) to High-Density Residential (RH).

SECTION 3. The City Council hereby finds the proposed Zoning Map Amendment Categorically Exempt from CEQA pursuant to Section 15332 of the CEQA Guidelines (InFill Development Projects).

SECTION 4. If any provision, section, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof, or its application to other persons or circumstances. The City Council hereby declares that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subparagraphs, sentences, clauses or phrases, or the application thereof to any person or circumstance, be declared invalid or unconstitutional.

SECTION 5. This Ordinance was adopted during its second reading on June 1, 2023 and shall become effective thirty days following adoption.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:

Ian N. Oglesby, Mayor
ATTEST:

Dominique L. Davis, City Clerk
APPROVED AS TO FORM:

Sheri L. Damon,
City Attorney
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Vicinity Map
1620 Broadway Avenue
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Land Use/Zoning Map
Existing General Plan Designations (Zoning District)
High-Density Residential (RH)
Low-Density
Single-Family
(RS-8)
Medium-Density
Single-Family
(RS-12)
Public/Institutional
(PI)
Change from
RS-12 to RH
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.B.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Leslie Llantero, Assistant Engineer
DATE: June 1, 2023
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING SEASIDE
MUNICIPAL CODE CHAPTER 12.04 STREET EXCAVATIONS AND

ESTABLISHING A MORATORIUM AGAINST CUTS ON RECENTLY

RESURFACED STREETS WITHIN THREE TO FIVE YEARS (FIRST

READING - ROLL CALL VOTE)

RECOMMENDATION
Introduce ordinance, open public hearing, and pass to print the draft ordinance amending Chapter 12.04 Street Excavations of the Seaside Municipal Code updating inconsistencies with current organizational best practices for permitting, associated fees, resurfacing specifications, and liability insurance and establishing Sections

12.04.100, 12.04.110, 12.04.120 relating to a moratorium against cuts on newly improved streets, moratorium permit requirements, and moratorium restoration requirements.

BACKGROUND
Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017 and Measure X, a countywide sales tax initiative through 2047, provides annual funding to the City specifically to address multi-modal transportation needs. In 2018, bond funds secured through Measure X and funds from SB1 funded over $10 million for pavement rehabilitation projects.

Pavement networks are often the most valuable asset an agency owns. Properly maintained pavement is an essential component to the traveling public's safety. The city has undergone a robust public process to ensure public input into our community's transportation priorities, and has spent millions of dollars on road maintenance and rehabilitation projects in the last several years. With the on-going revenues generated Packet Page 430

Item No. 9.B. Page 2 of 2
by Measure X and SB1, the city will continue to provide pavement rehabilitation projects.

The city has determined to establish a moratorium against cuts on newly resurfaced streets to protect the city's investment and to prolong the life of the pavement. The moratorium will prevent pavement cuts on newly resurfaced streets; require permitting for emergency repair on newly resurfaced streets; and provide restoration requirements for pavement cuts on newly resurfaced streets. Newly resurfaced streets include roadways that have been paved or overlaid with pavement in the past 5 years and slurry sealed roadways in the past 3 years. Exemption shall be granted by the city engineer for work deemed as emergencies. Emergencies are deemed to exist if the work is necessary for the preservation of property, or an urgency affecting the health and welfare of residents or businesses, or failed pipelines or utility services affecting public security or public safety. Work deemed as emergencies will be required to obtain a permit and will be subject to moratorium restoration requirements. Restoration requirements for newly resurfaced streets include expanded resurfacing limits per the proposed Ordinance and city engineering standards.

Amendments to SMC Chapter 12.04 are necessary to update inconsistencies with current organizational best practices for permitting, associated fees, resurfacing specifications, and liability insurance. The draft ordinance attached as attachment 1 outlines the changes, deletions, and additions.

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

ATTACHMENTS

1. Draft Ordinance
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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ORDINANCE NO. XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEASIDE AMENDING SEASIDE MUNICIPAL CODE SECTION 12.04 STREET

EXCAVATIONS AND ESTABLISHING A MORATORIUM AGAINST CUTS

ON NEWLY IMPROVED STREETS (FIRST READING - ROLL CALL VOTE) WHEREAS, the City receives annual funding from Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 and Measure X funding, a countywide sales tax initiative through 2047, that addresses the significant multi-modal transportation fund shortfalls; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities, including City Council Study Session and Council’s direction to focus on upgrading major streets and roads; and WHEREAS, the City expended millions of dollars for road maintenance and rehabilitation project is the past several years and will continue to rehabilitate roadways with the on-going revenue generated through Measure X and SB1; and WHEREAS, the City has determined to protect the city’s investment and to prolong the life of the pavement and future pavement resurfaced street by establishing a moratorium against pavement cuts on newly resurfaced streets; and WHEREAS, a moratorium will prevent pavement cuts on newly resurfaced streets, required permitting for emergency repair and restoration requirements; and
WHEREAS, it is appropriate to amend Seaside Municipal Code (SMC) Chapter 12.04 to update inconsistencies with current organizational best practices for permitting, associated fees, resurfacing specifications, and liability insurance; and
WHEREAS, amendments to SMC Chapter 12.04 pertaining to moratorium against cuts on newly improved streets is statutorily exempt form review under the California Environmental Quality Act (CEQA) pursuant to Class 1, Section 15301: Existing Facilities Class 1 exemptions consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use.

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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEASIDE DOES ORDAIN AS FOLLOWS:

SECTION 1. GENERAL PURPOSE AND FINDINGS
The purpose of this Ordinance is to consider the following text amendments to Seaside Municipal Code (S.M.C.) Chapter 12.04:

A. A text amendment to S.M.C. Chapter 12.04 amending Sections 12.04.010 through 12.04.080 to update inconsistencies with current organizational best practices for permitting, associated fees, resurfacing specifications, and liability insurance.

B. A text amendment to S.M.C. Chapter 12.04 establishing Sections 12.04.100,

12.04.110, 12.04.120 relating to a moratorium against cuts on newly improved streets, moratorium permit requirements; and moratorium restoration requirements.

SECTION 2. PROPOSED TEXT AMENDMENT
Text proposed text to be deleted is listed with strikethrough (strikethrough) and text added is listed in bold italic (bold italic).

Chapter 12.04

STREET EXCAVATIONS
Sections:

12.04.010 Permit – Required – Bond – Prerequisites to installation – Liability.

12.04.020 Permit – Application.

12.04.030 Applicant to pay cost of resurfacing.

12.04.040 Report of permits to street superintendent – Collection of resurfacing costs.

12.04.050 Safety precautions and liability insurance.

12.04.060 Supervision by city engineer.

12.04.070 Refilling Backfilling and resurfacing specifications.

12.04.080 Street access.

12.04.090 Precautions against damage to surrounding property.

12.04.100 Moratorium Against Cuts on Newly Improved Streets

12.04.110 Moratorium, permits: required.

12.04.120 Moratorium, restoration requirements.

12.04.010 Permit – Required – Bond – Prerequisites to installation – Liability.

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A. It is unlawful for any person, firm, or corporation to make any excavation in or under the surface of any street, alley, sidewalk, public way or public place in the city without first obtaining a permit to do so from the city engineer or building inspector of the city and depositing with the city engineer or building inspector, upon receipt of such permit, a bond to defray the cost of restoring the surface to its former condition; provided, however, that any public utility company or licensed contractor need not make such deposit provided a bond in the amount sufficient to restore area determined by the city engineer of one thousand dollars, approved by the city attorney, shall be filed with the city guaranteeing proper replacement and repair.

B. The following shall be prerequisite to installation under this chapter:

1. Installations must be in accordance with plans and specifications approved by the public works department of the city.

2. Approval must be endorsed in writing on the plans prior to issuance of the permit.

3. An application fee paid in accordance with the current fee schedule. of five dollars plus one dollar for each parcel of land or one hundred feet abutting the proposed improvement, whichever amount is greater, shall be paid.

4. A bond must be posted in an amount as determined by the public works department to be sufficient to cover restoration of the area to its original condition if the work shall be unsatisfactory and not meet the specifications.

This bond may be a surety bond, cash, cashier’s check or money order in favor of the city.

5. Applicants shall execute a hold-harmless agreement guaranteeing that the city and/or its officers and employees shall not become liable for any injuries or damage occurring by reason of the installation of the permit and agreeing further to indemnify the city, its officers and employees for any liability which may be determined to exist.

12.04.020 Permit – Application.

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A. The application for the permit required in this chapter shall be in writing and addressed to and filed with the city engineer or building inspector. It shall state clearly the nature, extent, and location of the excavation proposed to be made, and the purpose for which the same is to be made. When the applicant has complied with this chapter, the city engineer or building inspector shall issue the permit.

B. Such permit shall set forth the time for the completing of the work of refilling the same. The time for such commencement and such completion may be extended by the city engineer city council only upon good cause shown for such extension.

12.04.030 Applicant to pay cost of resurfacing.

All applications for a street opening excavation permit shall pay to the city, as provided in SMC 12.04.010 and if work requiring an excavation permit is begun without a permit, application fee shall be doubled as a penalty and to compensate for the extra staff time involved in inspecting completed or partially completed work. , sufficient moneys to defray the cost of resurfacing such excavations in accordance with the schedule of prices on file at City Hall.

12.04.040 Report of permits to street superintendent – Collection of resurfacing costs.

A. It shall be the duty of the city engineer and building inspector to report all street opening permits to the street superintendent and the collector daily, and to deposit with the collector within forty-eight hours all cash deposits made under this chapter.

B. It shall be the duty of the street superintendent to resurface such excavations and to report to the city clerk the exact amount due the city for the resurfacing. The city clerk shall thereupon make the adjustments in the amount of money deposited under this chapter, and shall bill the applicant for additional money to cover the cost of the resurfacing or cause to be remitted to the applicant any moneys due because of overpayment as the case may be.

12.04.050 Safety precautions and liability insurance.

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It shall be the duty of the applicant for an excavation permit, on receipt of the same, to make such excavation in such manner as to provide free access to all fire hydrants and to provide safe and adequate crossings over such excavations for vehicular traffic and for pedestrians, should such crossings, in the judgment of the street superintendent, be necessary. Suitable barriers shall be constructed about the excavation for the prevention of accidents and adequate lights shall be continuously maintained thereon from the period of sunset to sunrise and, further, each applicant shall be required to file with the certificate of liability insurance with minimum limits as determined by the risk manager based on the scope of work, workers' compensation insurance with at least statutory limits, and automobile liability insurance. Certificates will include waiver of subrogation endorsement in favor of the City, its officers, agents, employees and volunteers and include language holding the City' harmless from any and all liability in connection with said excavation. city a certificate of liability insurance, with minimum limits of two hundred fifty thousand dollars and five hundred thousand dollars property damage and five hundred thousand dollars and one million dollars personal injury liability holding the city harmless from any and all liability in connection with said excavation.

12.04.060 Supervision by city engineer.

All excavations, refillings backfilling, and resurfacing shall be made under the supervision and to the satisfaction of the city engineer or building inspector of the city and shall be conducted in such manner as to do the least possible damage to contiguous lands and improvements.

12.04.070 Refilling Backfilling and resurfacing specifications.

All such excavations shall be refilled backfilled by the applicant to the specifications of the city and resurfaced by a qualified licensed contractor the street department of the city and inspected by city staff to the satisfaction of the city engineer. ; provided, however, that public utilities, or contractor employed by Packet Page 436
such public utilities, may resurface such excavations, the work to be done to the satisfaction of the superintendent of streets. Specifications of the city for backfilling refilling excavations and repaving are as follows:

A. Open cut trenches may be backfilled with the materials excavated on local city streets. No material which is deemed unsuitable by the superintendent of streets or city engineer shall be made a part of the backfill, including broken pavement or earth which has a moisture content greater than optimum. Where materials excavated are deemed unsuitable for backfill, imported materials approved by the superintendent of streets or city engineer shall be used.

B. Backfill of an open cut on a major any city street shall be air tamped compacted per city specifications and verified by compaction tests conducted by a licensed geotechnical engineer or backfilled with control density fill (CDF) in lifts not exceeding six inches. Other means and methods, or by such other equivalent tamping methods as may be approved by the superintendent of streets or city engineer prior to issuance of the permit.

C. Backfill of an open cut on a nonmajor city street may be settled by jetting water to the bottom of the trench, or by air tamping.

DC. All Permitteepublic utility excavations must be covered with a layer of plant mix temporary hot mix asphalt surfacing at least one inch in thickness immediately upon completion of the backfill, and such surface maintained by the utility permitee until permanent repair is made. Permanent pavement repair must be made within 30 days by removing the temporary patch by saw cutting 12 inches from edge of trench and replacing with permanent pavement a minimum thickness equal to the depth of existing adjacent pavement section or as directed by the city engineer. Other means and methods may be approved by the superintendent of streets or city Packet Page 437
engineer prior to issuance of the permit. At such time as the engineer may direct, the utility company shall remove the plant mix surface and repair to the specifications of the city.

ED. All Permitees public utility companies shall be responsible for any settlement of their trenches for a period of one year following the date of final repaving and shall make repairs during this period as directed by the superintendent of streets or city engineer.

12.04.080 Street access.

No city street shall be blocked or closed incident to street excavation or opening unless prior permission is obtained in writing from the city engineer on a form approved by the city engineer, accompanied by an application fee in accordance with the current fee schedule of ten dollars. Each separate day on which violation of this section shall exist shall be a separate misdemeanor.

12.04.090 Precautions against damage to surrounding property.

No street surface shall be broken or excavated unless adequate precautions, acceptable to the city engineer, have been forwarded to ensure that there shall be no flying dust, dirt or debris arising from the excavation which shall lodge on properties or structures adjacent to or in the vicinity of such work and that there shall be minimal disruption of or danger to business or residential activities in the area. Each separate day on which violation of this section shall exist shall be a separate misdemeanor.

12.04.100 Moratorium against cuts on newly improved streets.

A. It shall be unlawful for any person to cut or open the surface of a public street that has been newly constructed, reconstructed, slurry or cape sealed, overlaid, or improved within the previous five (5) years for recently Packet Page 438
paved/overlaid streets and three (3) years or recently slurry sealed streets, commencing from the date of acceptance of the improvements.

B. No permits shall be issued to excavate or cut in a public street that has been paved/overlaid in the past five (5) years or slurry sealed in the past three (3) years except in the case of emergencies, or when the city engineer grants an exemption. An emergency shall be deemed to exist if the work is necessary for the preservation of property; or an urgency affecting the health and welfare of the City’s residents or businesses occurs; or in the case of failed pipelines or utility services that affect public security or public safety.

C. The city engineer may grant exemptions to the moratorium for emergency repairs and/or for the installation of critical infrastructure and/or facilities where other alternatives to installation are not practical or feasible as provided in subsection (b) above, or for the installation of needed critical infrastructure or facilities (including, but not limited to communications infrastructure) where no other alternatives to cutting a street subject to the moratorium exist. When granting exceptions, the city engineer may impose reasonable conditions, including requirements that installation occur utilizing methods such as boring which have a lesser impact, to insure the rapid and complete restoration of the street and the surface paving.

D. If a street subject to the moratorium is cut for any reason, the extent of required repairs for the damages caused by such cut shall be in accordance with SMC 12.04.120. If the city engineer determines that restoration of the street is not appropriate at a particular time for reasons relating to weather or other short term complications, the city engineer may order a delay and/or the posting of bonds to insure completion of the work when proper conditions allow for the restoration work.

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E. The decision of the city engineer in granting exemptions may be appealed in writing to the City Council by filing with the City Clerk a written notice of such appeal, setting forth the specific grounds thereof.

12.04.110 Moratorium, permits: required.

A. It shall be unlawful for any person to trench, cut, dig, make or cause any excavation in any street subject to the moratorium pursuant to SMC

12.04.100 unless the person shall have first obtained a permit to do so.

B. Any person who is required to repave a street shall obtain a permit and shall be responsible for the full cost of plan preparation, plan review, construction inspection, material testing, bonding, and all other expenses related to the work.

C. Permit applications, fees and requirements shall be subject to all conditions established in this chapter.

12.04.120 Moratorium, restoration requirements.

A. Street restoration for streets subject to the moratorium may include repaving, surface grinding, base, sub-base repairs, and striping or other related work as needed, and may include up to full-width surface restoration of the street.

B. The city engineer may allow horizontal directional drilling instead of street cuts to minimize street surface restoration.

C. The following requirements are established for street restoration work:

1. Recently Paved/Overlaid Streets. Final resurfacing shall include the grinding of existing surrounding pavement and repaving at a minimum Packet Page 440
depth 2 inches. For trenches perpendicular to traffic lanes, the permittee shall grind ten (10) feet on either side of the trench line, and for the full width of any traffic lanes (including parking lane) that have been cut. For trenches parallel to the traffic lanes, the permittee shall grind the entire width of the traffic lanes (including parking lane) for the full length of the trench with a minimum of ten (10) feet on each end per city engineering standards or as directed by the city engineer. For trenches other than those perpendicular or parallel to traffic lanes, the city engineer shall establish appropriate limits of paving. At the discretion of the city engineer, full-width slurry seal may be substituted for overlay in residential areas. The placement of the surface course of the repaving shall be by a self-propelled, automatic-leveling, multiple-width paving machine.

2. Recently Slurry-Sealed Streets. Slurry seal shall be applied to the patched area no sooner than thirty (30) days and no later than ninety (90) days after completion of the pavement repair. For trenches perpendicular to traffic lanes, the permittee shall slurry seal ten (10) feet on either side of the trench line and for the full width of any street that has been cut. For trenches parallel to the traffic lanes, the permittee shall slurry seal the entire width of the traffic lanes (including parking lane) for the full length of the trench, with a minimum of ten (10) feet on each end per city engineering standards or as directed by the city engineer. For trenches other than those that are perpendicular or parallel to traffic lanes, the city engineer shall establish appropriate limits of resurfacing.

3. Transverse paving joints shall be perpendicular to the direction of travel, and longitudinal paving joints shall not be permitted in vehicle wheel paths. Work shall meet all applicable construction standards and city standards. The city engineer may modify the scope of work stated Packet Page 441
above, including increasing the restoration requirements as he/she shall deem reasonable to fully restore the street to the condition in which it existed prior to the cut.

4. Except under subsection 2 above, pavement improvements shall be completed within 30 days of the completion of the work or project that required the pavement cut. If the city engineer determines that restoration of the street is not appropriate at a particular time for reasons relating to weather or other short term factors, the city engineer may order a postponement until proper conditions allow for restoration work.

SECTION 3. SEVERABILITY
A. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provision of this Ordinance are severable.

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

SECTION 4. EFFECTIVE DATE
This Ordinance shall become effective thirty (30) days after its final passage and adoption.

INTRODUCED AND PASSED TO PRINT at a regular meeting of the City Council of the City of Seaside, State of California, on the 1st day of June, 2023.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, on the __ day of _____, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

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ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:
__________________________
Ian M. Oglesby, Mayor
ATTEST:
__________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:

Sheri L. Damon, City Attorney
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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Andrew Myrick, Economic Development & Community Planning Manager DATE: June 1, 2023
SUBJECT: ADOPT A RESOLUTION ESTABLISHING APPLICATION

PROCEDURES FOR MOBILE FOOD VENDORS AND LIMITING

THE NUMBER OF MOBILE FOOD VENDORS ALLOWED TO

OPERATE IN THE CITY

RECOMMENDATION
Adopt a resolution establishing application procedures for mobile food vendors and limiting the number of mobile food vendors allowed to operate in the City

BACKGROUND
On October 7, 2021, the City Council adopted Ordinance No. 2010, which established regulations for Sidewalk Vendors (ie "Food Carts") and Mobile Food Vendors ("Food Trucks"). This Ordinance established a number of regulations relating to the operation of these businesses, including hours of operation, allowable locations, provisions for reducing waste/litter, and prohibitions on amplified music and sales of alcohol. Vendors are limited in their ability to operate in proximity to existing food service establishments and are not allowed near driveways/intersections, anywhere along Broadway Avenue, or within the West Broadway Urban Village Specific Plan Area. The maximum length of time Mobile Food Vendors may stay in a single location is four hours, except in residential zones, where they may stop only to complete transactions. A copy of Ordinance 2010 and Exhibit C (relating to Mobile Food Vendors) is attached.

As amended by Ordinance 2010, Section 10.48.030.A.1 provides that Council shall adopt Resolution that provides a limit on the number of Mobile Food Vendors and establishing application procedures for these businesses. A proposed Resolution to do these is attached. The Resolution would limit the number of Mobile Food Vendors to five in the City. This number is an attempt to strike a balance between providing additional food options to the public while attempting to limit the potential impacts on Packet Page 444

Item No. 10.A. Page 2 of 2
"brick-and-mortar" businesses that may compete with Mobile Food Vendors. The Resolution would also establish a permit process that would essentially consist of a staff-level review once all the required documentation has been submitted. Required materials would include a Live-Scan Background check, proof of valid vehicle registration, a California driver's license, and approval from the County Health Department. In the event that more applications are received than spaces are available in the first 30 days, first priority will go to operators that have had a business license in the last 6 months, followed by operators that are minority/woman-owned, where the owner/operator is a Seaside resident, and/or the vendor proposes to meet one or more healthy foods standards.

FISCAL IMPACT
This item is not expected to have any significant fiscal impact.

ATTACHMENTS

1. Draft Mobile Vendor Resolution

2. Ordinance No 2010 with Exhibit C
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

OUTLINING AN APPLICATION PROCESS AND A LIMITATION ON THE

NUMBER OF MOBILE FOOD VENDOR PERMITS AS REFERENCED IN SEASIDE MUNICIPAL CODE CHAPTER 10.48
WHEREAS, on September 16, 2021 and October 14, 2021, the City of Seaside conducted first and second readings to adopt Ordinance 2010 updating Seaside Municipal Code Chapter 10.48: Mobile Food Vending and Chapter 12.52: Sidewalk Vending, which references an application process and a limit on the number of Mobile Food Vendor permits to be established by resolution; and WHEREAS, the City of Seaside is dedicated to improving the health and wellbeing of all community members through city policies, plans and programs that will collectively improve the wellbeing and economic vitality of our community; and WHEREAS, Blue Zones Project Monterey County is a community-wide well-being improvement initiative designed to make healthy choices easier by encouraging evidencebased, sustainable changes in community policy, social networks, and organizations including worksites, schools, restaurants, grocery stores, and community organizations; and
WHEREAS, the City of Seaside, as part of the Peninsula Cities, intends to become a Blue Zones Project certified community by promoting policy, systems and environment changes that make the healthy choice the easy choice; and WHEREAS, our nation and state face a major public health crisis in the form of rising rates of chronic disease associated with sedentary lifestyles, poor nutrition, and tobacco use, increases in type 2 diabetes, adult and childhood obesity, and cardiovascular disease, and rising healthcare costs, all of which hinder the economic vitality of our community; and WHEREAS, the Seaside City Council finds that healthy food and beverage environments that make healthy food and beverage choices easy and routine are desirable in order to improve the health and well-being of community members.

NOW THEREFORE, BE IT RESOLVED, the City of Seaside City Council adopts a Mobile Food Vendor permit application process and sets a limit of five Mobile Food Vendor permits.

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BE IT FURTHER RESOLVED, the application process for obtaining a Mobile Food Vendor Permit is described below:

PHASE I: Application Period and Submittal
The initial application period will be open for a period of 30 days from the adoption of this Resolution. The City reserves the right to shorten or extend the application period.

Subsequent application periods are at the discretion of the Economic Development and Community Planning Manager, who may elect to conduct another application period or switch to a “first-come, first served” application intake procedure.

Applications will be reviewed for completeness and compliance with the submittal requirements listed below. Only one application may be submitted per California DMV vehicle registration. To be deemed complete and move forward to Phase II, an application packet must include all of the following:

1. Completed Mobile Vendor Permit application

2. Completed Seaside business license application

3. Completed Live Scan Clearance application(s) for all employees

4. Current Vehicle Registration (if vehicle is already owned)

5. Proof of Commercial Insurance and employee/driver coverage

6. Color Copies of Valid California Driver’s License(s) for each driver and/or employee

7. Monterey County Health Permit or Waiver

8. Completed application for the California Department of Tax and Fee Administration Seller’s Permit for taxable food items
The City may require any additional documentation at any point in this process.

PHASE II: Live Scan Evaluation
Applications deemed complete in Phase I will pay the Live Scan Clearance fee. The approval or denial of the Live Scan application will be determined in this phase.

Applications that obtain Live Scan Clearance approval will proceed to Phase III. A Live Scan Clearance shall be denied if it is determined that the applicant has been found guilty of any felony or misdemeanor which, in the discretion of the Police Chief, involves a sexually-based offense, dangerous/reckless driving, and/or acts of violence.

If the Live Scan Clearance is denied, then the application will be deemed ineligible for a permit.

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The city reserves the right to extend the application period.

PHASE III: Selection
If fewer than five applications are to be considered during this phase of the initial application period, then all applications meeting the criteria above shall receive a Mobile Food Vendor permit.

If more than five applications are to be considered during this Phase, then first priority shall be given to those vendors which have been in possession of a valid City Business License within the previous six months. Second priority shall be given to vendors that score highest based on the criteria below (with point values referenced).

1. The operation is a minority-owned or women-owned business. (One point).

2. The owner-operator resides in the City of Seaside. (One point).

3. The business complies with one or more Healthy Foods standard (One point per standard, up to three points):

A. Beverage Standards for the business operations: 60% of the beverage types available will be one or a combination of the following:

1. Water, including carbonated water (no added caloric sweeteners) Unsweetened coffee or tea (if condiments are provided, sugar and sugar substitutes may be provided)

2. Plain (no added flavor or sugar) non-fat or 1% low fat dairy milk.

3. Plant derived milk (e.g. soy, rice, and almond) with ≤ 130 calories per 8 ounces serving.

4. 100% fruit or vegetable juice. Low-calorie beverages such as tea or diet soda with less than 40 calories per 8-ounce serving. Healthier beverages should be placed prominently and be as easy to see as the operator’s other most popular beverages.

B. Prepared Foods standards for the business operations: all of the below are true:

1. Offers at least 1 low-calorie food option (under 600kcal) for meal

2. Offers at least 1 vegetarian dish

3. Offers fresh fruit or vegetable option with meal

4. Salad option on menu

5. Offers non-fried chicken, fish, or protein source
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C. Pre-Packaged Foods and Snacks standards for the business operations: 60% of all snack foods will meet all the following criteria:

1. No more that 35% calories from fat (except for packages that contain 100% nuts or seeds).

2. No more that 10% calories from saturated fat.

3. Zero trans-fat.

4. No more than 35% total weight from sugar and caloric sweeteners.

5. No more than 360 milligrams (mg) of sodium per package.

6. At least 10% of all snack food will contain at least (2) grams of dietary fiber per serving.

7. At least one snack food item will meet the FDA definition of “low sodium” or be ≤ 140 mg per serving.

If more than one applicant is tied for the final permit, then the permits for those tied applicants shall be determined by random lottery.

Should an applicant fail to finalize all required documents and pay all applicable fees to secure their Mobile Food Vendor permit within 60 days of being selected for a permit, then the City will move forward with another applicant and/or lottery selection process.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside held on the 1st day of June 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:
_____________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.B.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Leslie Llantero, Assistant Engineer
DATE: June 1, 2023
SUBJECT: ADOPT A RESOLUTION APPROVING A PROFESSIONAL

SERVICES AGREEMENT WITH PAVEMENT ENGINEERING

INCORPORATED TO PROVIDE ENGINEERING DESIGN
SERVICES FOR THE FY 2022/2023 PAVEMENT

REHABILITATION PROJECT FOR AN AMOUNT NOT TO EXCEED
$385,000.00

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a professional service agreement with Pavement Engineering Incorporated to provide engineering design services for the FY 2022/2023 Pavement Rehabilitation Project for an amount not to exceed $385,000.00.

BACKGROUND
On February 16, 2023, the City Council approved a 5-Year Street Rehabilitation Policy and street list for the FY 2022/2023 Pavement Rehabilitation Project (Project). The approved street list is attached as Exhibit B (Attachment 3). The estimated cost for the Project is $2.4 million, which includes 10 residential roadway segments with a mix of recommended rehabilitation treatments.

Staff requested a proposal for pavement design, bid documents, and design services during construction from Pavement Engineering Incorporated (PEI), a firm identified on the city's on call list for engineering design services. PEI's proposal for design services includes pavement analysis, field quantity measurement, monument perpetuation, budget analysis, utility coordination, potholing, right of way surveying (as needed), curb ramp design, preparing plans and technical specifications, bid support and design support during construction. Staff negotiated the initial design professional services Packet Page 461

Item No. 10.B. Page 2 of 2
agreement scope and fee with PEI that is presented here for consideration. The design is expected to be completed in December to be able to bid the project in the winter and construct it in spring 2024.

The proposed contract value is within the budgeted limits anticipated for a project of this magnitude. It is recommended that the City Council adopt a resolution authorizing the City Manager to execute a professional services agreement with PEI for an amount not to exceed $385,000.000 for engineering design, bid documents, and design services during construction for the FY 2022/23 Pavement Rehabilitation Project.

FISCAL IMPACT
The proposed professional service agreement is for $385,000.00. The FY 22/23 Pavement Rehabilitation Project is identified in the FY 2022/2023 Adopted Budget.

There are sufficient funds in the pavement rehabilitation project account (212-8920- 9600) for the design of FY 22/23 Pavement Rehabilitation Project.

ATTACHMENTS

1. Resolution

2. PEI Professional Services Agreement

3. Exhibit B - Approved FY 22-23 Pavement Rehab Street List Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES

AGREEMENT WITH PAVEMENT ENGINEERING INCORPORATED TO PREPARE

ENGINEERING DESIGN, CONSTRUCTION BID DOCUMENTS, AND DESIGN SERVICES DURING CONSTRUCTION FOR THE FY 2022/2023 PAVEMENT REHABILITATION PROJECT FOR AN AMOUNT NOT TO EXCEED $385,000.00 WHEREAS, on February 16, 2023, the City Council approved a 5-Year Street Rehabilitation Policy and residential street list for the FY 2022/2023 Pavement Rehabilitation Project (Project); and
WHEREAS, the 5-Year Street Rehabilitation Policy identified $2.4 million in available funding for the Project consisting of resurfacing 10 residential roadway segments with a mix of light to heavy recommended pavement treatments; and WHEREAS, staff requested and Pavement Engineering Incorporated (PEI) submitted a proposal to provide engineering design, construction bid documents, and construction services during construction; and
WHEREAS, Resolution 22-62 adopted an On-Call Engineering Services list, which consisted of eleven qualified designers, including PEI, for engineering projects on an as needed basis; and
WHEREAS, the Project is identified in the Capital Improvement Program Account No. 212-8920-9600 funded through Measure X and SB1; and WHEREAS, the Project is categorical exempt per Article 19, section 15301 of CEQA because the project will repair the pavement of city streets, and involves negligible or no expansion of use.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside hereby authorize the City Manager to execute a professional services Packet Page 463
agreement with Pavement Engineering Incorporated to provide engineering design, construction bid documents, and design services during construction for the FY 2022/2023 Pavement Rehabilitation Project for an amount not to exceed $385,000.00.

PASSED AND ADOPTED at a regular meeting of the City of Seaside City Council duly held on the 1st day of June, 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

STAFF REPORT
Item No.: 10.C.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Leslie Llantero, Assistant Engineer
DATE: June 1, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL

SERVICES AGREEMENT WITH PAVEMENT ENGINEERING

INCORPORATED TO PROVIDE ENGINEERING DESIGN
SERVICES FOR THE "HOT SPOT" PAVEMENT REPAIR PROJECT
FOR AN AMOUNT NOT TO EXCEED $93,650.00

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a professional service agreement with Pavement Engineering Incorporated to provide engineering design services for the "Hot Spot" Pavement Repair Project for an amount not to exceed $93,650.00.

BACKGROUND
On March 2, 2023, the City Council approved the Streets Pavement Rehabilitation Funding Policy (Policy) through the proposed modifications to the FY 2022-2023 Annual Operating Budget detailed in the Mid-Year Financial Report (Resolution 23-52). The Policy was created to provide additional funding sources for street maintenance and rehabilitation. The Policy provides, at mid year review, twenty five percent (25%) of any projected year end operating budget surplus will be committed to the following year pavement rehabilitation project. The FY 2022/23 projected year-end operating surplus is $2.5M, yielding approximately $614k to be committed to the next year's pavement rehabilitation project.

Staff requested a proposal from PEI for design services for a "Hot Spot" Pavement Repair Project (Project). The Project would entail field investigation and evaluation of pothole locations based upon the Public Works crew, frequently requested locations, and See Click Fix reported pothole locations. The evaluation will present a mixture of Packet Page 500

Item No. 10.C. Page 2 of 2
permanent repair as well as temporary repair options. The temporary repairs are meant to act as a barrier such that that the roadway does not further deteriorate and to act as a stop gap measure until funding is obtained for a more appropriate treatment.

Upon completion of this task, the evaluations will be prioritized based upon the available budget. PEI will prepare bid documents for selected treatments for the construction of the "Hot Spot" Pavement Repair Project. Staff negotiated the initial design contract with PEI that is presented here for consideration.

It is recommended that the City Council adopt a resolution authorizing the City Manager to execute a professional services agreement with PEI for an amount not to exceed $93,650.00 for engineering design, bid documents, and design services during construction for the "Hot Spot" Pavement Repair Project.

ENVIRONMENTAL COMPLIANCE
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1, Section 15301: Existing Facilities Class 1 exemptions consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alterations of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use.

Evidence: The proposed project would consist of repairing pavement sections on city streets which would not result in an expansion or significant modification of the existing roadway. Therefore, there are no significant impacts associated with the pavement repair Project.

FISCAL IMPACT
The proposed professional service agreement is for amount not to exceed $93,650.00.

There are sufficient funds in the pavement rehabilitation project account (212-8920- 9600) for the design of "Hot Spot" Pavement Repair Project.

ATTACHMENTS

1. Resolution

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH PAVEMENT

ENGINEERING INCORPORATED TO PROVIDE ENGINEERING SERVICES FOR THE “HOT SPOT” PAVEMENT REPAIR PROJECT FOR AN AMOUNT NOT TO EXCEED $93,650.00
WHEREAS, the City Council approved the Streets Pavement Rehabilitation Fund Policy (Policy) to augment the existing pavement maintenance and rehabilitation funding received from Measure X and Local Streets and Roads Fund Program (SB1); and WHEREAS, the Policy provides, at mid-year review, twenty five percent (25%) of any projected year end operating surplus will be committed to the following year pavement rehabilitation project; and
WHEREAS, staff developed a “Hot Spot” Pavement Repair Project (Project) that investigates and evaluates potholes for permanent repairs as well as provide temporary repair options for locations throughout the city based upon frequent pothole requests and See Click Fix reports; and
WHEREAS, staff requested and Pavement Engineering Incorporated (PEI) submitted a proposal to provide engineering design for the Project; and WHEREAS, Resolution 22-62 adopted an On-Call Engineering Services list, which consisted of eleven qualified designers, including PEI, for engineering projects on an as needed basis; and
WHEREAS, the Project will be funded through the pavement rehabilitation account (212-8920-9600); and
WHEREAS, the Project is categorically exempt per Article 19, section 15301 of CEQA because the project will repair the pavement of city streets, and involves negligible or no expansion of use.

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NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside hereby authorize the City Manager to execute a professional services agreement with Pavement Engineering Incorporated to provide engineering design for the “Hot Spot” Pavement Repair Project for an amount not to exceed $93,650.00.

PASSED AND ADOPTED at a regular meeting of the City of Seaside City Council duly held on the 1st day of June, 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
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Hot Spot Pavement Repair Project
Rev. 1/18 Page 1 COS Design PSA

CITY OF SEASIDE

PROFESSIONAL SERVICE AGREEMENT

DESIGN FOR THE HOT SPOT PAVEMENT REPAIR PROJECT
THIS AGREEMENT, is made and effective ____________________, between the City of Seaside, a municipal corporation ("Agency") and Pavement Engineering Incorporated, 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, 2025 unless sooner terminated pursuant to the provisions of this Agreement.

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

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

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

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Rev. 1/18 Page 2 COS Design PSA

5. PAYMENT
(a) The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit 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 Ninety Three Thousand Six Hundred Fifty dollars ($93,650.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency City Manager and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services.
(c) Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the Agency disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The Agency may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the Agency shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the Agency. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 3.

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

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

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

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

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

10. INSURANCE
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.

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

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

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the Agency in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the Agency will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the Agency 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, Packet Page 508
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direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.

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

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

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

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To Agency: __City of Seaside__________
__440 Harcourt Ave________
__Seaside, CA 93955_______
Attention: City Clerk
To Consultant: Pavement Engineering Incorporated
20260 Skypark Drive
Redding, California 96002

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

Joe Ririe 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 Joe Ririe from Consultant's employ. Should he leave Consultant's employ, the Agency shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period.

Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the Consultant.

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

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

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, Packet Page 510
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 parly deems material.

21. WORKSCHEDULED/TIMEOFCOMPLETION
Consultant shall complete the outlined scope of work in a timely manner within the time frame per "Section 1. Term of this contract.

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

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

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

Incorporated
Date: 51le))2-')1')
AGENCY: City of Seaside
Date:

Jaime M. Fontes, City Manager
Attachments: Exhibit A
Exhibit B
Exhibit C
Exhibit D
Scope of Work/Consultants Proposal
Request for Proposal
Insurance Requirements
Resolution 22-62 Engineering On Call List
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