Packet Page 286
2023HotSpotPavementRepairs
Bidder The Don ChapinCo., lnc.
BASEBIDAMOUNTINWORDS: (:%"t'J y4,
"NOTE: Incaseoferror inextension ofpriceintothetotal pricecolumn, theunitpricewillgovern. ,@,N(,@,,17 BID SCHEDULE - ALTERNATE 1
uM%k6 Szw
78';&r<s@;d.
. ITEM . 810 ITEMS PAYMENT
REFERENCE UNIT
TOTAL
QUANTITIES
uNlT
PRICE
TOTAL
COST"
1.1 Mobilization, Bonds & Insurance TS-"I .i4 LS 1
v<
,7 2'25" - 422L;--
1.2 Notification of Residents, Businesses & Agencies TS-1.i4 LS 1 z,,,, g@2,,ooo -
1.3 Bicycle, Pedestrian & Traffic Control TS-2.06 LS 1 ] 6 ' l
,g evo -
/
1.4 Water Pollution Control TS-3.02 LS 1
1, ?O, d' /, ?m -
1 .5 ' Remove & Replace 4" HMA TS-6.04 SF 3,490
@ €I
// - 28 E'lb -
)
1.6 6" Deep Lift Stabilization Allowance TS-6.04 SF 175 /6 0R 2,800 -
1.7 Pavement Markings and Traffic Strips (Paint) TS-9.05 LS 1 ,1500"
/5ZOALTERNATE1TOTALAMOUNTINFIGURES: 5/7t5'
ALTERNATE4TOTALAMOUNTINWORDS: 7?h?vJ'G
"NOTE: In case of error in extension of price into the total price column, the unit price will govern.
BID SCHEDULE - ALTERNATE 2
ITEM BID ITEMS PAYMENT
REFERENCE UNIT
TOTAL
QUANTITIES
UNIT
PRICE
TOTAL
COST"
2.1 Mobilization, Bonds & Insurance TS-1.14 LS 1 F5?) "' 99 "
2.2 Notification of Residents, Businesses & Agencies TS-1.14 LS 1 /575 /!l2.3 Bicycle, Pedestrian & Traffic Control TS-2.06 LS 1 4fi '-' #s -
2.4 Water Pollution Control TS-3.02 LS 1 2-yrd 275' -
2.5 Remove & Replace 4" HMA TS-6.04 SF 128 Il d %')il -
2.6 6" Deep Liff Stabilization Allowance TS-6.04 SF 7 as-dA# 4 /7(
ALTERNATE2 TOTALAMOUNTINFIGURES: 36 2,
ALTERNATE2TOTALAMOUNTINWORDS: ALTERNATE 2 TOTAL AMOUNT IN WORDS: 7M)t) "NOTE: In case of error in extension of price into the total price column, the unit price will govern.
Packet Page 287
2023 Hot Spot Pavement Repairs
Bidder: TheDonChapinCo., Inc.
SUMMARY OF BID SCHEDULE
TOTAL BASE BID.................... .
Sheet Nos: C1,C2,C3,C4,C5, C6, C7, C8, C9, C10, CII, C12, C13, C14 495, tl3
TOTAL ALTERNATE 1.
Sheet No.: C15
$ s'i, ') 1'5
TOTAL ALTERNATE 2.
Sheet No.: C16
6, 3c 2 -
BIDDING SHEET
TOTAL BID (BASE BID + ALTERNATE 1 + ALTERNATE 2). $ 93, 4:;1(> BASIS OF AWARD: The City of Seaside will determine the lowest bid based on the total Base Bid plus Alternates. Bidders shall bid on the Base Bid and all Bid Alternates, Bids that do not include all Bid Alternates will not be accepted. The City of Seaside reserves the right to add none or any combination of the Bid Alternates,
The foregoing unit prices for all items of work and the total amount bid shall include all costs for labor and materials,overhead,profit,insurance,mobilizationanddemobilization,traffic control, replacemenUadjustment as requtred(utilityboxes,trafficsrgns,trafficsignalequipment,),andallotherappurtenantcostsassociatedwith performingandadministeringthe work underthis contract.
Bidder's CompanyName: The DOn Chapin Co., Inc.
Address: 560 Crazy Horse Cyn Rd, Salinas CA 93907
Phone Number: 831-449-4273
Email Address: [email protected]
Contractor'sLicenseNo. 406512 PublicWorks ContractorRegistrationNo.1000001363 Signature
Caroline D. Chapin
PrintedName
Packet Page 288
2023 Hot Spot Pavement Repairs
Bidder: TheDonChapinCo.,Inc.
Executive Vice President
Title
Addenda received incorporated into this proposal:
Addenda number(s 1 2 3 4 5 6 (Circle all that apply)
Signed
Caroline D. Chapin Executive Vice President
q[lolz'h
Date signed
Packet Page 289
2023 HotSpot PavementRepairs
Bidder: The Don ChapinCo., Inc.
2, Bidder's Bond Statement
Accompanyingthisproposalis"B!dder'SBOnd" (lnsertthewords"cash($ )","cashier's check", "certifiedcheck",or"btdder'sbond")inanamountequaltoatleasttenpercent(10%)ofthe bidtotal.
Theundersignedagreesthatincaseof defaultinexecutingtherequiredcontracttogetherwiththenecessaiy bondswittunthe periodof time provrdedby the proposalrequirements,the proceedsof the security accompanytngthrsproposalshallbecometheacceptanceof theCityof Seaside,andthisproposaland the acceptancethereofmaybeconsiderednullandvoid.
Licensedinaccordancewithanactprovidingfortheregistrationof Contractors.
License No. 406512
LicenseCertificationA, B,C21,HaZ,C42
Notice: If bidderor otherinterestedpersonis a corporation,statelegalname of corporation,names of the president,secretary,treasurer,andmanagerthereof.Ifaco-partnership, statetruenameof firm, namesof all tndividual co-partnerscomposrngfirm. Ifbidderorotherinterestedpersonisanindividual,statefirm nameand individual's full name.
Company
%3111B; The Don Chapin Co., Inc.
Business
Address: 560 Crazy Horse Cyn Rd
Salinas CA 93907
Signature
Caroline D. Chapin
PrintedName
Executive Vice President
Title 7[roJz
Packet Page 290
2023 Hot Spot Pavement Repairs
Bidder: The Don Chapin Co., Inc.
3. Previous Disqualification Questionnaire
InaccordancewithGovernmentCodeSection14310.5,the biddershallcomplete,underpenaltyof perjury, the following questionnaire:
QUESTIONNAIRE
Hasthe bidder,any officerof the bidder,or any employeeof the bidderwho has a proprietaryinterestin the bidder,everbeendisqualified,removed,or othetwisepreventedfrombiddingon,or completingafederal,state, orlocalgovernment prolectbecauseof aviolationof lawor a safetyregulation? Yes No X
If the answer is yes, explain the circumstances in the following space.
Date Bidder's Signature
Caroline D. Chapin Executive Vice President
Packet Page 291
2023HotSpot PavementRepairs
Bidder: The DonChapinCo.,Inc.
4. List of Subcontractors
Incompliance withthe provisionsoTSection4100 &4109 oTthePublic ContractCode oTtheStateoTCaliTornia and any amendments thereto, the Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid inexcessof one-halfoTone percentoTthe Bidder's Total Bid Price, and shall also list the portion of the work which will be done by such subcontractor. After the openingof bids,nochangesor substitutionswill beallowedexcept as otherwtseprovtdedby law. The listing of more than one subcontractor for each item of work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement may render the Bid non-responsiveand may cause its relection.
Work to be Performed
Including bid item number(s)
l 97A/#tp
Percent License No. and
of Total Date of Expiration
Contract
Subcontractor's
Name & Address
PWCR# 10o#!dfi!-
2 PWCR#
3 PWCR#
4 PWCR#
5 PWCR#
6 PWCR#
7 PWCR#
Packet Page 292
2023 Hot Spot Pavement Repairs
Bidder: The Don Chapin Co., Inc.
5. Bidder's Information Statement
1. Number of years the bidder has performed the type of construction work required by this project: 44
2. Listthetypeofworknormallyperformedbyyourownforces:
Grading, paving, underground utilities, sewer, water, concrete flatwork
3. Hasyourcontractor'slicensebeensuspendedorrevokedduringthelastfiveyears? [ ] Yes ff ] No
4. Has the bidder declared bankruptcy or been in receivership during the last five years? [ ] Yes [X] No
5. Has the bidder ever defaulted on a contract forcing a surety to suffer a loss?
6. Has the bidder been unable to obtain a bond or been denied a bond? [ ] Yes [X] No
[ ] Yes [X] No
7. Has the bidder ever failed to complete work awarded to it? [ ] Yes [X] No
8. Has the bidder filed any lawsuits, requested arbitration or been involved in any litigation during the last five years? [X ] Yes [ ] No
9. Hasthebidderfailedtopayprevailingwagesonanypublicprojectduringthelast5years? [ ] Yes 2 ] No
If the answer is "yes" to any of questions 3 through 9 please explain the circumstances in the below space.
The bidder may attach additional pages if necessaiy, to provide a detailed response.
See Attached 8
On Enclosures A-1 through A-3 list Tiveconstruction contracts the bidder has had with public agencies over the last five years similar to the proposed project in type of construction and in total contract amount. These forms must be completed.Attachinga listof prolects withouttheinformationrequestedontheseenclosuresis notsatisfactory.
Travelers Casualty & Surety Company C/O
NameofyourSuretyCompany: Mc Sherry & Hudson, LLC Insurance Service Is your Surety Company California Admitted? [X] Yes [ ] No
Packet Page 293
Question 8
Don Chapin Co. Inc. Litigation History:
Name of Case: Riverview Capitol Investment LLC
Riverview Park Infrastructure Improvements - New Roadway Improvements 2013 C/O WTI, Inc.
Cupertino CA
Case Number: 16CV298347
Date Filed: 8/01/2016
Court in which Filed: Santa Clara Court
Settled: Both parties came to a mutual agreement June 2023 Signature York Highlands LLC
New York City, NY
Carmel Development Co - 831-625-1090
York Highlands Subdivision Improvements 2016
Non Payment - Was settled in our Favor Sl,279,000.00
Monterey, CA
Settled: October 10, 2021
Packet Page 294
Arbitration a@ainst the Don Chapin Co.
City of Hollister
375 5'h Street
Hollister, CA 95023
E. Soren Diaz (City Attorney)
831-636-4300
Hollister Municipal Airport Runway 13-31 Pavement Rehabilitation Runway asphalt pavement - Dispute over compaction and thickness Original Contract Amt.: S3,137,234.00
Value of work not completed: 5500,000.00
Arbitration finalized, Favorable outcome for DCCI July 2019 Packet Page 295
2023 Hot Spot Pavement Repairs
Bidder: TheDonChapinCo.,Inc.
ENCLOSURE A.1
Similar Construction Contract Bidder has completed over the last five years for a Public Agency use additional sheets as necessary
See Attached Enclosures
Address each item, indicating "none" where appropriate.
1. 2.
3. Name and Location of Project:
Name of Bidder's Superintendent on the project:
Description of work including quantities of installed work:
4. 5.
Name of Public Agency:
Name and telephone number of Public Agency's Project Engineer:
6. 7.
Original Contract Amount:
Total Amount of Approved Change Orders:
8. Final Contract Amount:
9. Date of Contract completion:
10. Were Liquidated Damages assessed?
11. Claims amount:
12. Citations by OSHA:
13, Failure to pay prevailing wages or other Federal/State required taxes or contributions?
Packet Page 296
Enclosure A-1
PROJECT NAME: Barden Road Safe Routes to School
LOCATION: Bardin Rd & E. Alisal Rd, Salinas CA
OWNER: City of Salinas
OWNER CONTACT: Elise Ramierez P.E. 831-758-7438
Arch/Engineer: City of Salinas Public Works Dept. Adriana Robles PE CFM Inspector of record: Aaron Hilton
PROJECT MANAGER Aaron Hilton 805-279-6864 [email protected] DESCRIPTION OF WORK: Mobilization, sutaveying, construction staking, removal and salvage or disposal of existing improvements, erosion control, roadway reconstruction, full depth reclamation (FDR-C), slurry seal, construction of curb and gutter, sidewalk, ADA compliant pedestrian access ramps, drainage improvements, minor electrical improvements, street lighting, utility trenchmg, landscaping and xrrtgatton xmprovements, stgnmg and marking, repair of sewer main, SWPPP preparation, implementation and inspections, traffic control, and all mcidental and appurtenant improvements and restorations specified on plans. Construction of two roundabouts, one at E. Alisal St and Bardin Rd, and one at Alisal Rd and Sconberg Pkwy, and construction of school drop off zone for Bardin Elementaiy School.
Construct multiple bulb-outs along Barding Rd and E Alisal St. and roadway reconstruction (FDR-C) and slurry seal. Reconstruction of ADA curb ramps and roadway reconstruction (FDR-C) within county's )urisdiction. Replacement of portions of sewer mam in Bardin Rd and E. Alisal Street.
TOTAL CONSTRUCTION COST: $9,309754.00
TOTALCHANGEORDERAMT: $1,368,543.00
ORIGNINAI, SCHBDULED DATE OF COMPLETION: 365 Days
TIME EXTENSIQNS GRANTED: 90 Days
AUCTUAL DATE OF COMPLETION: April 30, 2023
CLAIMS AMOUNT: NONE
NO CITATION BY OSHA
NO FAILURE TO PAY PREVALING WAGES OR OTHER TAXES OR CONTRIBUTIONS Packet Page 297
2023 Hot Spot Pavement Repairs
Bidder: TheDonChapinCo., Inc.
ENCLOSURE A-2
Similar Construction Contract Bidder has completed over the last five years for a Public Agency, use additional sheets as necessary
Address each item, indicating "none" where appropriate.
Name and Location of Project:
1. Name of Bidder's Superintendent on the project:
2. Descriptionofworkincludingquantitiesofinstalledwork:
3. Name of Public Agency:
4. Name and telephone number of Public Agency's Project Engineer:
5. Original Contract Amount:
6. TotalAmountofApprovedChangeOrders:
7. Final Contract Amount:
8. Date of Contract completion:
9. Were Liquidated Damages assessed?
10. Claims amount:
3"l. Citations by OSHA:
12. Failure to pay prevailing wages or other Federal/State required taxes or contributions?
Packet Page 298
Enclosure A-2
PROJECT NAME: East Street Metz Road Roundabout Project
LOCATION: LOCATION: Metz Rd, Soledad CA
OWNER: City of Soledad
OWNER CONTACT: Oscar Antillon PW Oantillon(2Acityofsoledad.com 831-233-5173 Arch/Engineer: Yamabe & Horn Engineering Inc.
Contact: Jason A. Watts 559-244-3 123 JWatts(mylimail.coi'n Construction Manager: Sergio Alvarado
DESCRIPTION OF WORK: Mob/Demob, Traffic Control, Clearing & Grubbing, AC Grinding, Roadway Excavation, Hot Mix Asphalt (727 Tons, Agg Base 626 Ton, Agg Subbase 433 Ton), Fog Seal, Construct Concrete Curb, Mountable Curb, Median Curb, Sidewalk, Valley Gutter, Stamped Concrete Cap, Water Service, StornnDrain Manholes, Storrn Drainpipe, Street Light, Plantmg, Irrigation, Pavement Striping, Markings, and Signage
TOTALCONSTRUCTIONCOST: $1,065,136.00
TOTAL CHANGE ORDER AMT: $106,136.00
ORIGNINAL SCHED{n,ED DATE OF COMPLETION: July 13, 2021
TIME EXPENSION GRANTED: 15 DAYS
AUCUTAL DATE OF COMPLETION: July 28, 2021
NO LIQUID DAMAGES ASSESSED
CLAIMS AMOUNT: NONE
NO CITATION BY OSHA
NO FAILURE TO PAY PREV ALING WAGES OR OTHER TAXES OR CONTRIBUTIONS Packet Page 299
2023 Hot Spot Pavement Repairs
Bidder: The Don ChapinCo., Inc.
ENCLOSURE A-3
Similar Construction Contract Bidder has completed over the last five years for a Public Agency, use additional sheets as necessaiy
Address each item, indicating "none" where appropriate.
1. Name and Location of Project:
2. Name of Bidder's Superintendent on the project:
3. Descriptionofworkincludingquantitiesofinstalledwork:
4. Name of Public Agency:
5. Name and telephone number of Public Agency's Project Engineer:
6. Original Contract Amount:
7. TotalAmountofApprovedChangeOrders:
8. Final Contract Amount:
9. Date of Contract completion:
10. Were Liquidated Damages assessed?
11. Claims amount:
12. Citations by OSHA:
"13. Failure to pay prevailing wages or other Federal/State required taxes or contributions?
Packet Page 300
Enclosure A-3
JOB NAME: Franklin Street Stornn Drain Project
LOCATION: Monterey, CA
OWNER: City of Monterey
OWNER CONTACT/PHONE: Steve Wittry 831-646-3921 wittry@!monterey.org ENGINEERING: City of Monterey Departrnent of Plans and Public Works ENGINEERING CONTACT/PHONE: Thomas Koririan 831-646-3475 tkori'iiam2i)inonterey.org Construction Manager: Tony Hernandez CPM [email protected] 831-682-3606 DESCRIPTION OF PROJECT: Mob & Demob, Stotr'n Water Compliance, Traffic Control, Construction Dewatering, Surveying, Abandon Culvett, New Stotm Drain 5 Ea, New Pass through Storm Drairi, Install new 12 inch, 18 inch, 24 inch, 36 inch HDPE Pipe, Slurry Backfill, Concrete Sidewalk Curb and Gutter, AC Conform Paving 6 inch thick (4,000 SF)
TOTALCONSTRUCTIONCOST: 898,981.00
TOT AL CHANGE ORDER AMOtJNT: $247,330.00
ORIGNINAI, SCHEDULED DATE OF COMPLETION: April 7, 2021
TIME EXPENSION GRANTED: 30 Day
ACUTAL DATE OF COMPLETION: May 7, 2021
NO LIQUID DAMAGES ASSESSED
CLAIMS AMOtJNT: NONE
NO CITATION BY OSHA
NO FAILURE TO PAY PREVALING WAGES OR OTHER TAXES OR CONTRIBUTIONS Packet Page 301
2023 Hot Spot Pavement Repairs
Bidder: TheDonChapinCo.,Inc.
6. Non-Collusion Affidavit
To: City of Seaside
The undersigned, in submitting a bid for performing the following work by contract, being duly sworn, deposes and says:
That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.
The Don Chapin Co., Inc.
560 Crazy Horse Cyn Rd
Salinas CA 93907
Company Name and Address
Signature
Caroline D. Chapin Executive Vice President
Title
(This form must be notarized)
(lt is requested that the bidder execute the affidavit on this page at the time of submitting the bid or, if it cannot be submitted with the bid, this affidavit shall be executed by the successful bidder)
Packet Page 302
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
Countyof MOn'ereY )
On July11, 2023 before me, KellyR.Perez- NotaryPublic
(insert name and title of the officer)
personallyappeared CarolineD.Chapin
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESSmyhandandofficial seal. 16 " " M: '
-< 2 NotaryPublic - California 2
N Montere'/ COuntY >
% Commlsslon#2361503-
\!o S,,gnaturehQ,...e../ ) ) (sea1, )W-W:'-ma omwm aia" "'11@' ""swJ 'W"ojo0' "l Packet Page 303
2023 Hot Spot Pavement Repairs
Bidder: The Don Chapin Co., Inc.
7, DBE Subcontractor Form
Bidders must fill in all required information on all DBE's proposed for subcontract work on this contract.
This and/or the next page must be completed and submitted with bid. Use additional pages if required.
No DBE's proposed for subcontract work
A. Name of Company
Street Address
City, State, Zip Code
Telephone Number
Contact Person
SubcontractAmount$
Type of Work
B. Name of Company
Street Address
City, State, Zip Code
Telephone Number
Contact Person
SubcontractAmount$
Type of Work
C. Name of Company
Street Address
City, State, Zip Code
Telephone Number
Contact Person
Subcontract Amount $
Type of Work
D. Name of Company
Street Address
City, State, Zip Code
Telephone Number
Contact Person
Subcontract Amount $
Type of Work
Packet Page 304
2023HotSpotPavementRepairs
B:dder: The Don Chapin Co., Inc.
8, Sample Contract with Siqnatures
CITY OF SEASIDE
CONSTRUCTION BID CONTRACT
(PROJEC TITLE)
This Agreement, made and concluded in duplicate this
SEASIDE, herein referred to as "City", and
day of , between the CrlY OF
, herein referred to as "Contrador".
WffNESSETH:
Article I. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by saidCity and hereunto annexed,the said Contrador agreeswith the said City, at his own proper cost and expense,to do all the work and furnish all the materials,except such as are mentioned in the specifications to be furntshed by said City, necessaryto construd and complete in a good workmanlike and substantial manner and to the satrsfactronoTsatd City, in accordancewith the provisionshereto annexed and also in accordance with the latest applicable General prevailing Wage Rates.
The work to be done is specified in these specialprovisionsTitled"Book 1 Notice, Plans,& Special Provisions" for the Pro.iect,dated approvedby the City Engineer,which saidspecial provisions and plans are made part of this contract.
Article II. The saidCity herebypromisesand agreeswith the saidContractorto employ, and does hereby employ, the saidContractorto providethe materialsand do the work accordingto the terms and conditionsherein contained and referredto, for the price hereinafterset forth, and hereby contrads to pay the same at the time, in the manner, and upon the conditions hereinset forth; and the saidpartiesfor themselves,their heirs, executors, administrators, successorsand assigns,do hereby agree to the full performance of the covenants herein contained.
Article III. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference made a part of this contract. It is further expressly agreed by and between the par5es hereto that should there be any conflid between the terms of this instrument and the bid or proposal of said Contrador, then ttus instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.
Article IV. By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Codewhich require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordancewith the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Article V. And the said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materialsand for doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseendifficulttes or obstructionswtauchmay arise or be encountered in the prosecutionof the work until its acceptanceby the said City and for all risks of every description connected with the work; also for all expenses incurred by or in consequenceof the suspensionor discontinuanceof work and for well and faithfully completing the work, and the whole thereof, in the mannerand accordingto the plansand specifications,and the requirements of the Engineer under them, to wit:
< Awarded Bid Schedule will be inserted here >
Packet Page 305
2023HotSpotPavementRepairs
Bidder: The Don ChapinCo., Inc.
Artide VI. - . The Contrador shall not assign any of his duties, responsibilities or obligations without prior written consent from the City.
Article VII. . To the fullest extent permitted by law, the Contractor agrees to indemnify, defend and hold harmless, City and any and all of City's boards, offlcers, employees, agents, assigns, and successors in interest , from and against any and all claims losses, demand and expenses, including, but not limited to, attorney's fees and cost of li5gation, on account of bodily tn3ury,including death, or property damage arising out of or in any way connected to the work performed by Contractor under this agreement. Without affecting the rights of City under any provtsron of ttus agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's adive negligence accounts for only a percentage of the liability involved, the obliga5on of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
Article VIII. Insurance. Prior to the beginning of and throughout the duration of the work, Contrador will maintain insurance in conformance with the requirements set forth in Sedion 3.08"Responsibility for Damage and Insurance" of the Special Provisions. Contrador will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.
Article IX. - . Should either party to this agreement bring legal action against the other, the case shall be handled in Monterey County, CaliFornia,and the parly prevailing in such action shall be entitled to a reasonable attorney's fee which shall be fixed by the judge hearing the case and such fee shall be included in the judgment, together with all costs.
Article X. - Notices. All notices herein provided to be given, or which may be given by either parfy to the other, shall be deemed to have been Fully given and fully received when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed to the respective parties as follows:
CrlY OF SEASIDE
Nisha Patel, Public Works Director/City Engineer
440 Harcourt Avenue
Seaside, CA 93955
Contractor's Name and Mailing Address
IN WrTNESSWHEREOF,the parties to these presents have hereunto set their hands the year and date first above written.
CrlY OF SEASIDE COtSlTRACTOR
tT/:
Jaime M. Fontes, City Manager
b7:
Print Name and Title
Date Date
Licensed in accordance with an act
providing for the registration of Contractors.
Packet Page 306
CITY OF SEASIDE
STAFF REPORT
Item No.: 9.B.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Carolyn Burke, Assistant Public Works Director
DATE: August 3, 2023
SUBJECT: RECEIVE AND FILE REPORT TO CONSIDER WAIVING TRAFFIC
ADVISORY COMMITTEE (TAC) APPLICATION FEES FOR
REQUESTS TO PAINT A RED CURB IF APPROVED BASED ON
PUBLIC BENEFIT AND SAFETY AND PROVIDE FURTHER STAFF
DIRECTION
RECOMMENDATION
Receive and file report and provide further direction to staff regarding the waiving of future Traffic Advisory Committee (TAC) applications to paint a curb red if the application is approved by City Council based on public benefit and safety.
BACKGROUND
At the July 20, 2023 Seaside City Council meeting, council members unanimously voted to formally discuss and consider at a future City Council meeting the proposal of Mayor Pro Tem Pacheco to refund application fees for Traffic Advisory Committee (TAC) applications to paint a curb if the application is approved by City Council based on public benefit and safety. This staff report is prepared by Public Works staff to provide additional information and background for consideration by City Council during their discussion.
Current City practice is that TAC applications for red curb requests are submitted, along with a $70.00 application fee, for review by Public Works staff. A full review of the TAC application includes a field visit, research of existing files, and further analysis by a certified traffic engineer as necessary for the request. After the TAC application is reviewed, a staff report is prepared for presentation at the next available TAC meeting.
Once voted upon by the TAC, a second staff report is prepared for the City Council to ratify the recommendation of the TAC members. If the application is approved by City Council, the applicant is responsible for paying the estimated installation cost prior to Packet Page 307
Item No. 9.B. Page 2 of 2
City maintenance staff implementing the requested improvement.
Waiving the TAC application fee will require a finding of public benefit and safety by the City Council at the time of approval. A TAC application fee is required because public staff time is being spent on TAC requests that may only benefit a private party, and waiving the fee would require City Council to make the finding that the red curb is required for general public safety and not to benefit a private individual.
Public Works recommends Council receive and file this report and provide further direction to staff regarding the waiving of future TAC applications to paint a curb if the application is approved by City Council based on public benefit and safety.
FISCAL IMPACT
The number of TAC requests for red curb installation varies annually, with four red curb applications considered in 2022. While there are additional internal costs associated with processing TAC requests, waiving the nominal $70.00 application fee would not constitute a significant fiscal impact to the Public Works Department.
ATTACHMENTS
None
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 308
CITY OF SEASIDE
STAFF REPORT
Item No.: 9.C.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Carolyn Burke, Assistant Public Works Director
DATE: August 3, 2023
SUBJECT: RECEIVE AND FILE REPORT TO CONSIDER WAIVING FEES FOR
PAINTING A RED CURB IF APPROVED BASED ON PUBLIC
BENEFIT AND SAFETY AND PROVIDE FURTHER STAFF
DIRECTION
RECOMMENDATION
Receive and file report to consider waiving fees for painting a red curb if approved based on public benefit and safety and provide further staff direction.
BACKGROUND
At the July 20, 2023 Seaside City Council meeting, council members unanimously voted to formally discuss and consider at a future City Council meeting the proposal of Mayor Pro Tem Pacheco to refund fees to cover the installation of red curbs when such a request has been approved by City Council based on public benefit and safety. This staff report is prepared by Public Works staff to provide additional information and background for consideration by City Council during their discussion.
Current City practice is that TAC applications for red curb requests are submitted, along with a $70.00 application fee, for review by Public Works staff. A full review of the TAC application includes a field visit, research of existing files, and further analysis by a certified traffic engineer as necessary for the request. After the TAC application is reviewed, a staff report is prepared for presentation at the next available TAC meeting.
Once voted upon by the TAC, a second staff report is prepared for the City Council to ratify the recommendation of the TAC members. If the application is approved by City Council, the applicant is responsible for paying the estimated installation cost prior to City maintenance staff implementing the requested improvement. The cost for Public Works maintenance to install a red curb is $502.00 per 20-foot segment per the 2023- 24 City Fee Schedule.
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Item No. 9.C. Page 2 of 2
Waiving the red curb installation fee will require a finding of public benefit and safety by the City Council at the time of approval. The red curb installation fee is required because public staff time and materials are being spent on TAC requests that may only benefit a private party, and waiving the fee would require City Council to make the finding that the red curb is required for general public safety and not to benefit a private individual.
Public Works recommends Council receive and file this report and provide further direction to staff regarding the waiving of future installation fees to paint a red curb if the application is approved by City Council based on public benefit and safety.
FISCAL IMPACT
The number of TAC requests for red curb installation varies annually, with four red curb applications considered in 2022. Installation of red curbs required for public safety falls within the regular duties of Public Works maintenance staff, and with the small number of annual requests, waiving the installation fee would not constitute a significant fiscal impact to the Public Works Department.
ATTACHMENTS
None
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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CITY OF SEASIDE
STAFF REPORT
Item No.: 9.D.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Carolyn Burke, Assistant Public Works Director
DATE: August 3, 2023
SUBJECT: RECEIVE AND FILE REPORT TO CONSIDER OPTIONS FOR
TRAFFIC MITIGATION ON MONTEREY ROAD AND PROVIDE
FURTHER STAFF DIRECTION
RECOMMENDATION
Receive and file report and provide further direction to staff regarding exploration of traffic mitigation options on Monterey Road.
BACKGROUND
At the July 20, 2023 Seaside City Council meeting, council members unanimously voted to formally discuss and consider at a future City Council meeting options for traffic mitigation on Monterey Road. This staff report is prepared by Public Works staff to provide additional information and background for consideration by City Council during their discussion.
Councilmember Miller noted in his presentation at the July 20, 2023 Council meeting that residents of the Seaside Highlands development have expressed frustration at the traffic queuing that occurs on Monterey Road at its intersection with Fremont Boulevard intersection in the mornings.
An update to the intersection design has been included as a Regionally Significant Project in the 2022 Monterey County Regional Transportation Plan Project List published by the Transportation Agency of Monterey County (TAMC) upon the request of Seaside Engineering staff to highlight our needs in this location. The general early design concept includes a double roundabout and an underground tunnel for the continuation of the busway corridor and a bike and pedestrian path in the TAMC rail right-of-way. It should be noted that the 2022 Monterey County Regional Transportation Plan has a 20- year planning horizon and the current early design concept may not receive funding in Packet Page 311
Item No. 9.D. Page 2 of 2
the near term.
Due to the intersection location, any short-term efforts to ease congestion at the Monterey – Fremont intersection through traffic light timing or installation of additional lanes will require coordination with Caltrans. Preliminary design of these measures would require an analysis prepared by a traffic engineer, which is estimated to cost between $25,000 and $50,000 and is not currently included in the Public Works 2023- 24 Budget.
With additional time and direction from City Council, Public Works staff can also conduct a more thorough investigation into previous studies, impact assessments, and regional plans that may impact the future operation of the intersection in the near and longer terms.
Public Works recommends Council receive and file this report and provide further direction to staff regarding exploration of traffic mitigation options on Monterey Road.
FISCAL IMPACT
This item seeks to receive further direction from City Council on future staff work, and does not commit funding or staff time. No fiscal impact is anticipated.
ATTACHMENTS
None
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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