Agenda packet — Seaside City Council, October 19, 2023 (part 2 of 2)

on August 21, 2023, while work on the portion of the project pertaining to the Sutter Street Sewer Reroute Project started October 2, 2023. The sewer main reroute, parking lot paving, new sewer connections to 590 and 594 Harcourt Avenue, and abandonment of the existing sewer main is expected to be complete by the end of November.

To complete the Sutter Street Sewer Reroute Project project and operate the new utility on City property, SCSD has requested a new utility easement alignment.

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 parking lot and sanitary sewer utility, and involves negligible or no expansion of use.

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

ATTACHMENTS

1. Resolution

2. Grant of Easement
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 284
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT DEED ON PUBLIC PROPERTY AT 440 HARCOURT AVENUE WITH APNS 011-355-030 & 011-355-001 TO THE SEASIDE COUNTY SANITATION DISTRICT
WHEREAS, the City of Seaside is the owner of that certain real property commonly known as the parking lot for City Hall and the Seaside Branch Library, in the City of Seaside, situated in the County of Monterey, State of California, currently identified as County of Monterey Assessor’s Parcel Numbers (APN) 011-355-030 & 011-355-001 (the “Property”); and
WHEREAS, the Seaside County Sanitation District (SCSD) operates a sewer main between Sutter Street and Harcourt Avenue within the City of Seaside that has exceeded its useful life; and
WHEREAS, on July 20, 2023, City Council approved the plans and specifications for the City Hall and Library Parking Lot Repave Project, which includes the construction of the Sutter Street Sewer Relocation Project for SCSD, and awarded a construction contract to Monterey Peninsula Engineering; and
WHEREAS, SCSD is underway with the construction of the rerouted sewer main, between Sutter Street and Harcourt Avenue; and
WHEREAS, the rerouted sewer main is to be routed through the parking lot area of City Hall and the Seaside Branch Library; and
WHEREAS, the City wishes to convey a new utility easement for the sewer main to SCSD; and
NOW, THEREFORE BE IT RESOLVED that the City of Seaside authorizes the City Manager to execute an easement deed on the property with APN 011-355-030 & 011-355- 001 to SCSD.

PASSED AND ADOPTED at a regular meeting of the City of Seaside duly held on the 19th day of October, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
______________________________
Ian N. Oglesby, Mayor
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ATTEST:
___________________________
Dominique L. Davis, City Clerk
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REQUESTED BY AND WHEN
RECORDED MAIL TO:
________________________
________________________
________________________
________________________
______________________________________________________________________________ SPACE ABOVE THIS LINE FOR RECORDER’S USE *Exempt from fee pursuant to Government Code Section 6103

GRANT OF EASEMENT FOR SANITARY SEWER MAIN
THIS GRANT OF EASEMENT FOR SANITARY SEWER MAIN (this “Grant of Easement”) is made as of the _________ day of ________, 2023 (“Effective Date”), by the City of Seaside, a California Municipal Corporation (“Grantor”) to the Seaside County Sanitation District, a California special district (“Grantee”), with reference to the following recitals:

RECITALS:

A. Grantor is the owner of certain real property located in the County of Monterey, City of Seaside (the “City”), State of California, which is more particularly described on Exhibit “A” attached hereto (“Grantor Property”), by this reference, made a part hereof (such portion of the land is referred to herein as the “Easement Area”).

B. Grantee will be constructing a new sewer main within the parking lot for City Hall and the Seaside Branch Library, a public parking lot on the Grantor Property (the “New Facilities”).

C. Grantee has requested (and Grantor has agreed to grant) a non-exclusive easement over and across the Easement Area for ingress, egress, and maintenance of the New Facilities, as more particularly described herein below.

AGREEMENT:

NOW THEREFORE, FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:

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1. Grant of Easement. Grantor hereby grants to Grantee for the benefit of Grantee and its successors and assigns, employees, agents, contractors, and licensees, as applicable, the following non-exclusive easements over the Easement Area:
(a) Ingress, Egress: Easements for ingress and egress over, upon and across the Easement Area.
(b) Utilities and Related Improvements: An easement and right of way in, upon, over, under and across the Easement Area to repair, maintain and use the New Facilities.

The easements described in Sections 1(a) and (b), above, shall be referred to in this Grant of Easement collectively as the “Easements”.

2. Use of Easement Areas. The Easement Areas will be used by Grantee solely for the purposes set forth in Section 1, above.

3. Maintenance and Repair. Grantee shall be obligated at its sole cost and expense to maintain the Easement Area and Existing Facilities in good condition to the reasonable satisfaction of Grantor (and to reimburse Grantor for any expenditures incurred by Grantor in maintaining the Easement Area or any improvements therein as a result of Grantee’s failure to do so). Grantee shall, at its sole cost, restore and repair the surface of the Easement Area at Grantee's sole cost and expense, including the restoration of any landscaping, sidewalks, driveways, or similar surface improvements located upon or adjacent to the Easement Area which may have been removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the Easements granted hereunder.

4. Relocation of Existing Facilities. Upon Grantor’s written request, Grantee agrees to relocate the New Facilities to a new location on land owned by Grantor and designated by Grantor in Grantor’s reasonable discretion. Grantee agrees to promptly relocate the New Facilities as directed by Grantor (and, in any event, such relocation shall be completed within 180 days after receipt of Grantor’s relocation notice), and Grantee shall restore and repair the area previously occupied by the Existing Facilities, including the restoration of any landscaping, sidewalks, driveways, or similar surface improvements which may have been removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the Existing Facilities or relocation thereof (the “Relocation and Restoration Work”). Grantor agrees to reimburse Grantee for Grantee’s reasonable outof-pocket cost to relocate the New Facilities, after the following conditions are met: (i) Grantee has completed all of the Relocation and Restoration Work; (ii) Grantee has fully paid for all of the work to complete the Relocation and Restoration Work and has furnished Grantor with written evidence of such costs incurred and an affidavit from Grantee’s contractor listing all parties with whom Grantee contracted to complete the work and the cost of each contract; and (iii) Grantee has furnished Grantor valid, unconditional mechanic’s lien releases (in statutory form) from any and all contractors, subcontractors and suppliers who performed work or furnished supplies for or in connection with the Relocation and Restoration Work.

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5. Expiration of Easement. This Grant of Easement shall automatically expire (“Easement Expiration”) sixty (60) days after the New Facilities are no longer in use or other permanent non-use which continues for thirty (30) or more consecutive days. The parties agree that this Grant of Easement will not expire automatically due to temporary non-use, such as mechanical breakdowns, when there is an intent by Grantee to continue the use of the Existing Facilities. Grantee will provide Grantor with written notice of such permanent non-use within thirty (30) days after the Existing Facilities are no longer operational. At any time from and after the Easement Expiration, Grantee shall deliver to Grantor within ten (10) business days of Grantor’s request, a duly executed quit claim or other form of written agreement in recordable form to evidence that this Grant of Easement is no longer of any force or effect.

6. Indemnity and Insurance. Grantee hereby agrees to indemnify, defend and hold Grantor and its officers and directors harmless from any claims, losses, liability and/or damages (collectively, “Claims”) arising from Grantee’s use of the Easement, New Facilities and Easement Areas. Grantee shall name Grantor as “additional insured” pursuant to an additional insured policy endorsement to Grantee’s general commercial liability policy and shall provide to Grantor proof of such insurance within thirty (30) days of Grantor’s request therefor.

7. Miscellaneous.
(a) Governing Law. This Grant of Easement is governed by the laws of the State of California and any questions arising thereof shall be construed or determined in accordance with such laws. This Grant of Easement, the singular shall include the plural if the context so requires.
(b) Attorney’s Fees. If either Grantee or Grantor brings an action to enforce the terms and conditions of this Grant of Easement or to declare its rights hereunder, the loosing or defaulting party shall pay to the prevailing party its attorney’s fees and all of its costs and expenses incurred in connection with the prosecution and defense of such action.
(c) Invalidity. Should any portion of this Grant of Easement be declared invalid or unenforceable, then such portion shall be deemed to be severed from this Grant of Easement and shall not effect the remainder thereof.
(d) Successors and Assigns. All provisions of this Grant of Easement, including the benefits and the burdens, will run with the land and shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Grantor and Grantee.
(e) Entire Agreement. Except as expressly provided above, this Grant of Easement supersedes and cancels any and all prior or contemporaneous negotiations and agreements relating to the subject matter hereof.
(f) Amendments. No amendment to this Grant of Easement will be binding unless the amendment is in writing and executed by Grantor and Grantee.

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signature pages follow
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The parties have duly executed this Grant of Easement as of the date and year first above written.

GRANTOR:
[City of Seaside, a California Municipal Corporation]
By: ___________________________________________
Name: ___________________________________________
Its: ___________________________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of __________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, 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.

WITNESS my hand and official seal.

Signature
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GRANTEE:
[Seaside County Sanitation District, California special district] By: ___________________________________________
Name: ___________________________________________
Its: ___________________________________________
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.

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

WITNESS my hand and official seal.

Signature
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EXHIBIT “A” TO GRANT OF EASEMENT

LEGAL DESCRIPTION OF EASEMENT AREA
As attached:

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T:\Monterey Projects\2071.27 City Hall Parking Lot\SURVEY\LEGAL DESC\2071.34 Legal Desc - SS Esmt.docx

LEGAL DESCRIPTION

OF A SANITARY SEWER EASEMENT
Certain real property in the City of Seaside, County of Monterey, State of California, being a portion of Parcel “A” as shown on the map filed for record March 2, 1965 in Volume 7 of Surveys at Page 67 in the Office of the County Recorder of said County, described as follows:

A 20.00-foot-wide strip of land lying 10.00 feet on each side of the following described centerline:

Beginning at a point along the northerly boundary of said Parcel “A”, said point of beginning bears 32.50 feet westerly from the easterly terminus of that certain course along said northerly boundary labeled on said map as “S 88°35’30” E 188.50’”; thence departing said northerly line
1) South 1°24’30” West, 93.00 feet; thence
2) South 42°35’30” East, 166.99 feet, more or less, to a point on the westerly line of the 40-foot-wide right of way for Sutter Street as dedicated in Book 1235, Page 419, Official Records of said County.

The sidelines at the terminus of said strip are to be shortened or extended so as to terminate on said westerly line of Sutter Street.

Containing 5,200 square feet or 0.119 acres, more or less.

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

END OF DESCRIPTION
PREPARED BY:

WHITSON ENGINEERS
________________________________ 9/5/2023____
RICHARD P. WEBER, LS DATE
L.S. No. 8002
Job No.: 2071.34
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PARCEL "A"
VOL. 7 SUR. PG. 67

H A R C O U R T A V E N U E S U T T E R S T R E E T LOPEZ AVENUE
PROJECT No.: T:\Monterey Projects\2071.27 City Hall Parking Lot\SURVEY\LEGAL DESC\2071_27 Legal Plat.dwg Civil Engineering + Land Surveying
6 Harris Court
Monterey, CA 93940
831.649.5225
whitsonengineers.com
2071.34

PLAT TO ACCOMPANY DESCRIPTION

SEASIDE, CALIFORNIA

OF A SANITARY SEWER EASEMENT
9/5/2023
LEGEND

PROPERTY BOUNDARY

RECORD BOUNDARY DATA

DESCRIBED EASEMENT AREA

I N E E

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

STAFF REPORT
Item No.: 8.I.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Patrick Grogan, Associate Engineer
DATE: October 19, 2023
SUBJECT: ADOPT A RESOLUTION APPROVING AN APPROPRIATION OF $90,000.00 TO THE CITY HALL AND LIBRARY PARKING LOT
REPAVING PROJECT, AND APPROVING $90,000.00 IN

ADDITIONAL CONTINGENCY TO THE CONSTRUCTION
AGREEMENT WITH MONTEREY PENINSULA ENGINEERS, INC.

FOR A TOTAL CONSTRUCTION AMOUNT THAT DOES NOT
EXCEED $687,270.00

RECOMMENDATION
Adopt a resolution:

1. Approving an appropriation of $90,000.00 to the City Hall and Library Parking Lot Repaving Project from the General Fund,

2. Approving $90,000.00 in additional contingencies to the Construction Agreement with Monterey Peninsula Engineers, Inc. for a total construction amount that does not exceed $687,270.00; and

3. Authorizing the City Manager to approve amendments, extensions, and change orders to the Construction Agreement until completion of the project such that they do not exceed the total project construction amount.

BACKGROUND
The City Hall and Library Parking Lot Repaving Project is located at 440 Harcourt Avenue. The project was approved as part of the Fiscal Year 2022/23 CIP project list, and is being carried over to the Fiscal Year 2023/24 budget and CIP project list. The proposed improvements include the removal of existing asphalt paving, the abandonment of a damaged sanitary sewer line, the installation and rerouting of a new sanitary sewer line, new asphalt paving, the installation and/or repair of curbs, and new ADA paths of travel.

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Item No.

8.I.

Page 2 of 3 ends

On July 20, 2023, the City Council awarded a Construction Agreement with Monterey Peninsula Engineering, Inc. (MPE) for an amount not to exceed $519,365.00. The City Council also authorized the City Manager to approve change orders to the Construction Agreement in the amount of $77,905.00. Construction began on August 21, 2023, and is currently underway. Grading, concrete, and paving have been completed for Phase 1 of the project. Phase 2 of the project is partially complete, with work within the parking lot area expected to be complete by the end of October, and the abandonment of the existing CMP sewer line, and connection of the residences at 590 and 594 Harcourt Avenue expected to be complete in mid November.

During the course of the work, several unforeseen conditions were discovered which resulted in the extra work not covered by the Construction Agreement. Extra work required from unforeseen conditions involved: extra time spent locating the 60" storm drain in the parking lot; and removal and replacement of existing concrete flatwork, which had been improperly repaired in the past, and the removal of an abandoned flag pole base. Extra work from City requests involved: installing a temporary asphalt pathway from Harcourt Avenue to the front of City Hall during Phase 1 of the project; and adjusting the grade of the parking lot to achieve better drainage.

The City also requested changes to the alignment of the rerouted sewer line, and the construction of a new segment of sewer main to connect the private residences at 590 and 594 Harcourt Avenue to the existing sewer main which runs down Harcourt Avenue. These changes were necessary due to the location of the 60 inch storm drain and the sewer lateral connections for 590 and 594 Harcourt Avenue being different than what was identified in the City's records, prior to the start of the project.

Additionally, the City requested changes to the striping and sidewalks in and around the parking lot to provide additional ADA-compliant parking spaces and pathways for people using the parking lot.

The Construction Agreement with MPE was for an amount not to exceed $519,365.00.

The City Council also authorized the City Manager to approve change orders to the Construction Agreement in the amount of $77,905.00 for a total possible construction amount that does not exceed $597,270.00. The City Manager has approved change order no. 1 in the amount of $37,265.00 for a concrete ADA-compliant pathway from the Library to City Hall. The contingency currently remaining on the construction contract is $40,640.00. In addition to change order no. 1, the contractor has submitted change orders for extra work completed in the amount of $20,388.89, and proposed additional work in the amount of $58,075.00. The total of the extra work already performed and the requested proposed work exceeds the remaining contingency by $37,823.89. To date, the amount of extra work to be reimbursed by SCSD is $53,015.00.

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Item No.

8.I.

Page 3 of 3 ends

An additional contingency of $90,000.00 is necessary until completion of the project to address the outstanding amount for the proposed change orders, and unforeseen conditions as they arise.

Staff recommends adopting a resolution (Attachment 1) approving an appropriation of $90,000.00 to the City Hall and Library Parking Lot Repaving Project from the General Fund, for additional work; approving $90,000.00 in additional contingency to the Construction Agreement with MPE, such that the total construction amount does not exceed $687,270.00; and authorizing the City Manager to execute any amendments, extensions, and change orders to the Construction Agreement until completion of the project such that they do not exceed the total project construction amount.

FISCAL IMPACT
The current total budget for the City Hall and Library Parking Lot Repaving Project (Account No. 344-8910-9552) is $628,725.00. After the budget appropriation, the City Hall and Library Parking Lot Repaving Project would have a total budget of $718,725.00.

ATTACHMENTS

1. Resolution

2. Project Budget Summary
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 APPROVING AN APPROPRIATION OF $90,000.00 TO THE CITY HALL AND LIBRARY PARKING LOT REPAVING PROJECT, AND APPROVING $90,000.00

IN ADDITIONAL CONTINGENCY TO THE CONSTRUCTION AGREEMENT WITH MONTEREY PENINSULA ENGINEERS, INC. FOR A TOTAL CONSTRUCTION AMOUNT THAT DOES NOT EXCEED $687,270.00
WHEREAS, On July 20, 2023, the City Council of the City of Seaside approved a fiscal year 2022/2023 budget appropriation to the project account for the City Hall and Library Parking Lot Repaving Project (Project); and
WHEREAS, the Project work includes the demolition and repaving of existing AC pavement and flatwork concrete, abandoning an existing sewer main between Sutter Street and Harcourt Avenue, constructing a new sewer main through the City Hall parking lot, and filling the abandoned sewer main with cementitious slurry; and WHEREAS, on July 20, 2023, the City Council authorized the City Manager to execute a Construction Agreement with Monterey Peninsula Engineering, Inc. (MPE) for the Project for an amount not exceed $519,365.00, and authorized the City Manager to approve change orders to the Construction Agreement in the amount of $77,905.00 such that the full value may amount not to exceed $597,270.00; and WHEREAS, MPE started construction activities on the Project on August 21st; and WHEREAS, to date the demolition, grading, and repaving of the Phase 1 area, the grading of the Phase 2 area, and the new sewer connection has been constructed between Sutter Street and Harcourt Avenue; and
WHEREAS, it was determined that additional work is required due to unforeseen circumstances and City requests for changes to the scope of work; and WHEREAS, the City Manager authorized change order no. 1 to the Construction Agreement in the amount of $37,265.00, for the completion of additional concrete ADA compliant pathway from the Library to City Hall; and
WHEREAS, after approval of change order no. 1, $40,640.00 of contingency authorization is remaining; and
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WHEREAS, additional unforeseen conditions were discovered after construction began on August 21st; and
WHEREAS, an additional $90,000.00 contingency is required for the City Manager to authorize additional work for the Project; and WHEREAS, an appropriation of $90,000.00 to the Project is needed to complete the Project; and
WHEREAS, there are sufficient monies in the General Fund for the additional budget request; and
NOW THEREFORE BE IT RESOLVED, that the City Council approves appropriating $90,000.00 to the City Hall and Library Parking Lot Repaving Project (Account No. 344-8910-9552) from the General Fund for a total of $718,725.00 in the Project Account; and
BE IT FURTHER RESOLVED, that the City of Seaside City Council approves $90,000.00 in additional contingency to the construction agreement with Monterey Peninsula Engineering, Inc. for a total construction amount that does not exceed $687,270.00; and
BE IT FURTHER RESOLVED, that the City of Seaside City Council authorizes the City Manager to execute any amendments, extensions, and change orders until completion of the project such that the total project construction amount does not exceed $687,270.00.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 19th day of October, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:

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___________________________
Dominique L. Davis, City Clerk
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Item Description Contract Amount Change Order Amount
Original Construction Contract $519,365.00
Original Contingency $77,905.00
Change Order 1 ‐ ADA Pathway $37,265.00
Change Order 2 ‐ Sewer Change (SCSD Reimbursment) $53,015.00 Change Order 3 ‐ Extra Work $20,388.89
Change Order 4 ‐ Striping and Signage $5,060.00
$115,728.89
($37,823.89)
Budget Summary
City Hall and Library Parking Lot Repaving (344‐8910‐9552) Total Change Orders:

Excess costs (Original Contingency ‐ Total Change Orders):

October 2023
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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
Carolyn Burke, Assistant Public Works Director
DATE: October 19, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO THE

PROFESSIONAL SERVICE AGREEMENT WITH WHITSON

ENGINEERS FOR ADDITIONAL SERVICES RELATED TO THE

PREPARATION OF CONSTRUCTION PLANS AND

SPECIFICATIONS FOR THE FREMONT BOULEVARD CENTER
MEDIANS PROJECT FOR AMOUNT NOT TO EXCEED $8,000.00.

RECOMMENDATION
Adopt a resolution authorizing an amendment to the professional services agreement with Whitson Engineers for additional services related to the preparation of construction plans and specifications for the Fremont Boulevard Center Medians Project for an amount not to exceed $8,000.00.

BACKGROUND
On December 7, 2022, the City Manager signed a contract with Whitson Engineers, and BFS Landscape Architects as a sub-consultant, to prepare construction plans and specifications for the Fremont Boulevard Center Medians Project in the amount of $24,600.00. Fremont Boulevard Center Medians Project is intended to improve the aesthetics and reduce maintenance needs for the center median islands on Fremont Avenue for the 1.6-mile segment from its intersection with Kimball Avenue north to Del Monte Boulevard.

The 50% design development plans were presented to City Council at their May 18, 2023 meeting. The design concept at that time consisted of the placement of artificial turf and grouted cobble within the medians to provide a low-maintenance, aesthetically pleasing surface with a relatively long lifespan.

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Item No.

8.J.

Page 2 of 3 ends

After the May 18th City Council presentation, Public Works staff received feedback from members of the public interested in seeing the City pursue more natural options that showcase native plants from the Seaside area, instead of artificial turf. Many of the suggestions were mirrored in the public feedback received on the aesthetic design of a neighboring project, the Broadway Avenue Complete Street Corridor Improvement Project, which favored the use of natural materials with a sea-theme. Based upon this, staff consulted with the project landscape architect to develop a second design concept that incorporates different textures of gravel, mulch, and plantings, underlain by weed barrier, to achieve a more natural look while minimizing weed maintenance. An added benefit of the revised concept is that it will provide aesthetic continuity with the neighboring Broadway Complete Street project, to be constructed within the next 2 years.

The design changes outlined above require additional services beyond those considered in the original consultant proposal. Whitson Engineers submitted a proposal for these additional services on October 3, 2023 for an amount not to exceed $8,000.00. The scope of additional services includes review of median irrigation systems, preparing a plant palette that incorporates Friends of Seaside Parks (FOSPA) plant recommendations and Broadway corridor theme documents, and preparing final design development plans for the revised concept. Staff reviewed the scope and fee of the proposal, and found it acceptable.

Staff recommends adopting a resolution authorizing an amendment to the professional services agreement with Whitson Engineers to provide additional professional services for the Fremont Boulevard Center Medians Project for a total amount not to exceed $32,600.00 and written amendments such that the total agreement does not exceed $35,860.00.

FISCAL IMPACT
The original professional services agreement is in the amount of $24,600.00, and was approved by the City Manager. The proposed contract amendment with Whitson Engineers for additional services related to the Fremont Boulevard Center Medians Project is in the amount of $8,000.00, to be billed on a time and materials basis. A 10% contingency adds $3,260.00 for a total of $35,860.00.

The adopted fiscal year 2023-24 budget for the Fremont Boulevard Center Medians Project (Account No. 342-8210-9579) is $545,513.50 with unencumbered balance of $533,400.00, which is sufficient to fund the contract amendment.

ATTACHMENTS

1. Resolution

2. Amendment No. 2
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Item No.

8.J.

Page 3 of 3 ends

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT WITH WHITSON ENGINEERS TO PROVIDE ADDITIONAL

SERVICES FOR THE FREMONT BOULEVARD CENTER MEDIANS PROJECT FOR AN AMOUNT NOT TO EXCEED $8,000.00
WHEREAS, on December 7, 2023, the City Manager approved a professional services agreement with Whitson Engineers for the Fremont Boulevard Center Medians Project (Project) to develop construction drawings for improvements to the center medians on Fremont Boulevard for an amount not to exceed $24,600.00; and
WHEREAS, staff has requested that Whitson Engineers and their subconsultant BFS Landscape Architects revise the design concept for the medians from artificial turf to gravels and plantings; and
WHEREAS, Whitson Engineers submitted a proposal on October 3, 2023 to perform the requested additional services, which include review of median irrigation systems, preparing a native plant palette and preparing final design development plans for the revised concept, in the amount of $8,000.00, for a total contract amount of $32,600.00; and
WHEREAS, Staff reviewed the scope of work and fee in the proposal, and finds it acceptable; and
WHEREAS, an amount of $3,260.00 contingency, 10% of the contract value, should be authorized on an as required basis; and WHEREAS, the adopted fiscal year 2023-24 budget with prior fiscal year carryover for the Fremont Boulevard Center Medians Project (Account No. 342- 8210-9579) is $545,513.50; and
WHEREAS, there are sufficient funds in the Fremont Boulevard Center Medians Project to fund the additional design services by Whitson Engineers and BFS Landscape Architects.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute a Professional Services Agreement with Whitson Engineers to provide additional design services for the Fremont Boulevard Center Medians Project for an amount not to exceed Packet Page 306
$8,000.00 and written amendments such that the total agreement does not exceed $35,860.00.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 19th day of October, 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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CONTRACT AMENDMENT #2

PROFESSIONAL SERVICES
City of Seaside

Page 1 ends

Date: October 12, 2023 Change Requested by: _ X_ City __ _ Consultant Contract Date Project Name
December 7, 2022 Fremont Center Medians Landscape Design 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 A1, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A and A1.

MODIFY the following text in Section 5, “Payment.”
(a) The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed THIRTY-TWO THOUSAND SIX HUNDRED dollars ($32,600.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

Original Contract
Amount
Previous CCO Total (Not
including this
Amendment)
This
Amendment
Total
Revised Contract
Amount
$24,600.00 $0.00 $8,000.00 $32,600.00
Original Contract
Time
Original Completion Date
Months to Add
(Including This
Amendment)
Revised Completion
Date
6 months June 30, 2023 12 June 30, 2024
Packet Page 308
CONTRACT AMENDMENT #2

PROFESSIONAL SERVICES
City of Seaside

Page 2 ends

SUBMITTED BY:

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

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

CONSULTANT
ACCEPTANCE BY:

Richard Weber, Principal Engineer
Signature Name and Title Date
Packet Page 309
/nm | 2071.30 add svc 1.doc
October 3, 2023 Project No.: 2071.30
Carolyn Burke, P.E.

Assistant Public Works Director
City of Seaside
610 Olympia
Seaside, CA 93955
Via email: [email protected]
Re: Fremont Blvd Median Landscaping, Kimball Ave to Del Monte Blvd.

Additional Services Proposal
Dear Ms. Savage:

Thank you for the opportunity to present this additional services proposal. Our proposed work scope is outlined in the attached proposal by BFS Landscape Architects, and work will be performed by BFS as a subconsultant to Whitson Engineers.

We propose to do the work on a Time and Materials basis, with a total fee estimate of $8,000 ($7,000 subconsultant fee estimate + 10% admin fee + $300 Whitson Engineers labor estimate). Additional Services, if requested, will also be performed on a Time and Materials basis.

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

Sincerely,
Nathaniel Milam, PE, QSD
Senior Civil Engineer
RCE 76451
for
Richard Weber, PE, PLS, QSD
Principal
RCE 55219
LS 8002
EXHIBIT A1
Packet Page 310
Additional Scope of Services
Seaside Medians Refresh II
September 21, 2023

5.1 Design Development 2:

5.10 Discuss new project direction with City Staff. Obtain FOSPA plant recommendations, the new Broadway corridor theme documents, and the post construction requirements document.

5.11 Discuss and or review median irrigation systems with Parks Maintenance staff to determine modifications, if any, needed. Document points of connection/backflow preventers.

5.12 Prepare 50% DD submittal indicating recommendations to medians per information provided.

5.13 Revise previous plant palette as may be necessary.

5.14 Prepare 50% DD level construction budget.

5.15 Submit and review 50% Design Development plans, and construction budget with Owner.

5.16 Based on 50% Design Development review comments, prepare 100% Design Development (35% Construction Document) plans and construction budget.

5.17 Submit 100% Design Development plans, and construction budget to Owner.

LUMP SUM FEE: $7,000

AGREED & AUTHORIZED TO PROCEED

Name Date

Company
Attachments: Standard Schedule of Compensation, dated 5/2023 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.

Additional service to original 12/2022 contract, with 2.0, 3.0, and 4.0 services.

EXHIBIT A1
Packet Page 311
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 2023

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.

EXHIBIT A1
Packet Page 312

FREMONT CENTER MEDIANS LANDSCAPE DESIGN
Rev. 1/18 Page 1 COS Design PSA

CITY OF SEASIDE

DESIGN PROFESSIONAL SERVICE AGREEMENT

FOR CONSTRUCTION PROJECTS

FREMONT CENTER MEDIANS LANDSCAPE DESIGN
THIS AGREEMENT, is made and effective ____________________, between the City of Seaside, a municipal corporation ("Agency") and Whitson Engineers, a corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on the effective date above and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2023, unless sooner terminated pursuant to the provisions of this Agreement.

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

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

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

5. PAYMENT
DocuSign Envelope ID: CE028EA8-1EC8-4CFC-9990-3E2D3CF008E9 12/7/2022
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FREMONT CENTER MEDIANS LANDSCAPE DESIGN
Rev. 1/18 Page 2 COS Design PSA
(a) The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed TWENTYFOUR THOUSAND AND SIX HUNDRED dollars
($24,600.00) 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.

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 DocuSign Envelope ID: CE028EA8-1EC8-4CFC-9990-3E2D3CF008E9 Packet Page 314

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

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

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

9. INDEMNITY AND DEFENSE
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FREMONT CENTER MEDIANS LANDSCAPE DESIGN
Rev. 1/18 Page 4 COS Design PSA
(a) Indemnification and Defense for Professional Services To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless Agency and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by Agency in direct proportion to the Consultant’s proportionate percentage of fault.

Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the Agency.
(b) For All Other Liabilities
Notwithstanding the foregoing and without diminishing any rights of Agency under Section 9.A, for any liability, claim, demand, allegation against Agency arising out of, related to, or pertaining to any act or omission of Consultant, but which is not a design professional service, Consultant shall defend, indemnify, and hold harmless Agency, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the Agency, except for the sole or active negligence of, or willful misconduct of the Agency.

10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit D attached to and part of this Agreement.

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FREMONT CENTER MEDIANS LANDSCAPE DESIGN
Rev. 1/18 Page 5 COS Design PSA

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

12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The Agency, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the Agency in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the Agency will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
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FREMONT CENTER MEDIANS LANDSCAPE DESIGN
Rev. 1/18 Page 6 COS Design PSA
No member, officer, or employee of Agency, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.

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

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

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

DocuSign Envelope ID: CE028EA8-1EC8-4CFC-9990-3E2D3CF008E9 Packet Page 318

FREMONT CENTER MEDIANS LANDSCAPE DESIGN
Rev. 1/18 Page 7 COS Design PSA
To Agency: __City of Seaside__________
__440 Harcourt Ave________
__Seaside, CA 93955_______
Attention: City Clerk
To Consultant: ___Whitson Engineers____
___6 Harris Court___ ___
___Monterey, CA 93940 __

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

Richard Weber 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 Richard Weber from Consultant's employ. Should he/she leave Consultant's employ, the Agency shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the Consultant.

18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

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

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, DocuSign Envelope ID: CE028EA8-1EC8-4CFC-9990-3E2D3CF008E9 Packet Page 319
DocuSign Envelope ID: CE028EA8-1EC8-4CFC-9990-3E2D3CF008E9 Packet Page 320

FREMONT CENTER MEDIANS LANDSCAPE DESIGN
Rev. 1/18 Page 9 COS Design PSA
______________________________ Date:_________________
Jaime M. Fontes, City Manager
Attachments: Exhibit A Scope of Work & Cost Estimate
Exhibit B Insurance Requirements
Exhibit C On-Call Request for Proposal
Exhibit D Resolution
DocuSign Envelope ID: CE028EA8-1EC8-4CFC-9990-3E2D3CF008E9 12/7/2022
Packet Page 321
/nm | 2071.30 pro.doc
October 6, 2022 Project No.: 2071.30
Melissa Savage
City of Seaside, Public Works Engineering
610 Olympia
Seaside, CA 93955
Via email: [email protected]
Re: Fremont Blvd Median Landscaping, Kimball Ave to Del Monte Blvd.

Proposal for Engineering Services
Dear Ms. Savage:

Thank you for the opportunity to make this proposal. Our proposed work scope is outlined in the attached proposal by BFS Landscape Architects, and work will be performed by BFS as a subconsultant to Whitson Engineers.

We propose to do the above work on a Time and Materials basis, with a total fee estimate of $22,000 ($20,000 subconsultant fee estimate + 10% admin fee). Additional Services, if requested, will also be performed on a Time and Materials basis.

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

Sincerely,
Nathaniel Milam, PE, QSD
Senior Civil Engineer
RCE 76451
for
Richard Weber, PE, PLS, QSD
Principal
RCE 55219
LS 8002
Exhibit A DocuSign Envelope ID: CE028EA8-1EC8-4CFC-9990-3E2D3CF008E9 Packet Page 322
F r e m o n t R e f r e s h I I C D ' s - r e v 2 0 2 2 1 0 1 3 . d o c x

1.0 CONCEPTUAL DESIGN
Not included

2.0 DESIGN DEVELOPMENT 35% CDS

2.01 Obtain CAD files from City for Fremont Ave between Kimble and Broadway. Prepare base sheets at 20 scale of all non-cobble median area between Kimble and Del Monte Ave.

2.02 Review entire length to note medians not studied in 2014 project and to review of any changes to the medians studied in 2014 concept phase. Note and photograph conditions as necessary.

2.03 Discuss 2014 project with City Staff (Staff) in relation to new Refresh project intentions. BFS assumes the 2014 plans have relevance to new refresh project and are a model to use for completion of DD/CD’s. Note any changes to be made for new project.

2.04 Discuss and or review median irrigation systems with Parks Maintenance staff to determine modifications, if any, needed. Re-document points of connection/backflow preventers.

2.05 Prepare 50% DD submittal indicating recommendations to medians per comment from meeting and 2014 concept plans.

2.06 Revise previous plant palette as may be necessary.

2.07 Submit and review 50% Design Development plans, product notebook, plant palette, and construction budget with Owner / PM.

2.08 Based on 50% Design Development review comments, prepare 100% Design Development (35% Construction Document) plans.

2.09 Provide Owner / PM with Design Development level construction budget.

3.0 CONSTRUCTION DOCUMENTS

3.01 Based on approved Design Development drawings, prepare 65% complete CDs, including:

Scope of Services
Seaside Medians Refresh II: Kimble to Del Monte
October 13, 2022

PROJECT DESCRIPTION
Utilizing project files and plans/concepts developed in 2014 Median Refresh project between Broadway and Del Monte, prepare new base sheets for Design Development (DD) and Construction Documents (CD’s) from Kimble to Del Monte. Fees assume CAD files are available for the section of Fremont Ave between Kimble and Canyon Del Rey.

Exhibit A
DocuSign Envelope ID: CE028EA8-1EC8-4CFC-9990-3E2D3CF008E9 Packet Page 323
B F S L A N D S C A P E A R C H I T E C T S [ D a t e ] | P a g e 2 o f 4 a. Landscape Cover Sheet, including sheet index, vicinity / location maps and notes b. Existing Condition (Survey Plan provided by City)
c. Demolition Plan.
d. Construction (Material) Plan with layout as may be required. e. Landscape Construction Details
f. Irrigation Plan
g. Planting Plan
h. Planting & Irrigation Details

3.02 Prepare 65% technical specifications.

3.03 Prepare 65% estimate of probable construction costs of landscape items noted in 3.01.

3.04 Submit/review 65% CDs staff either virtual or at city hall.

3.05 Prepare Landscape Estimated Water Use / Water Demand Statement to comply with California Model Water Efficient Landscape Ordinance requirements.

3.06 Based on plan-check comments, complete Bid-set drawings, Technical Specifications, Submit PDF electronically -signed sets to Owner / PM for bidding.
a. Owner / PM will distribute copies of bid-documents.

4.0 BIDDING AND CONSTRUCTION REVIEW
Owner / Owner’s Construction Manager (CM) shall have the primary responsibility for the bidding and construction review phase of the project, including testing and inspection coordination, payment request processing and all related items.

4.01 Attend pre-bid meeting with Owner / CM and potential bidders to discuss bidding procedures.

4.02 Provide technical assistance during the bid process, including preparation of Addenda. Respond to questions as directed by Owner / CM. Provide written or graphic clarification as appropriate.

Construction phase services not included in this proposal

5.0 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 as authorized and on an hourly basis unless otherwise approved.

5.10 Additional meetings as authorized by the Owner
Exhibit A
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B F S L A N D S C A P E A R C H I T E C T S [ D a t e ] | P a g e 3 o f 4

EXCLUSIONS
The following are excluded from our scope of services.

1. Printing and distribution of flyers / agenda / handouts for Community meetings.

2. Translation services for Community meetings.

3. CEQA document preparation and approvals.

4. Architectural Review Board Submittal.

5. Site Survey. Assumed to be in civil scope.

6. Geotechnical Survey / Report.

7. Tree survey / Arborist Report.

8. Demolition, Grading, and Drainage Plans. Assumed to be in civil scope.

9. Tree Protection Plans. Assumed to be shown on Demolition Plans.

10. C3 Stormwater Management Plans. Assumed to be in civil scope.

11. Storm Water Pollution Prevention Plan (SWPPP). Assumed to be in civil scope.

12. Notice of Intent (NOI), Signed Certification Statement, and First Annual Fee, if required, will be included as a requirement for the Contractor.

13. Lighting Design (photometrics) and related Electrical Engineering,

14. Structural Engineering (retaining walls, light standard footings etc).

15. Utility Engineering including domestic water supply.

16. ADAAG (Accessible route) / Signage Plan. Assumed to be in architectural scope.

17. Signage & graphics artwork.

18. LEED / CALGREEN rating-based project development and documentation.

19. Off-site improvements, except for utility connections.

20. Testing fees for construction testing procedures, i.e., compaction testing, percolation testing, construction staking verification.

21. Division 1 (General Conditions and Special Provisions) Project Specifications. -END -
Exhibit A
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B F S L A N D S C A P E A R C H I T E C T S [ D a t e ] | P a g e 4 o f 4

COMPENSATION

1.0 CONCEPTUAL DESIGN..............................................................................................................................Not Included

2.0 DESIGN DEVELOPMENT.........................................................................................................................................$7, 015

3.0 CONSTRUCTION DOCUMENTS .......................................................................................................................$10,575

4.0 BIDDING ...........................................................................................................................................................................$2,000

5.0 ADDITIONAL SERVICES

5.1 Additional Meetings....................................................................................Hourly as approved by Owner REIMBURSABLE EXPENSES BUDGET .......................................................................................................................................$400 TOTAL (NIC ADDITIONAL SERVICES) .......................................................................................$19,990 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.

Exhibit A Exhibit Exhibit C DocuSign Envelope ID: CE028EA8-1EC8-4CFC-9990-3E2D3CF008E9 Packet Page 326
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

Exhibit A
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FREMONT CENTER MEDIANS LANDSCAPE DESIGN EXHIBIT B

EXHIBIT B

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

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

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

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

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

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

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

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

DocuSign Envelope ID: CE028EA8-1EC8-4CFC-9990-3E2D3CF008E9 Packet Page 328

FREMONT CENTER MEDIANS LANDSCAPE DESIGN EXHIBIT B
Umbrella or excess liability insurance. [Optional depending on limits required].

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

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

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

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

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

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 DocuSign Envelope ID: CE028EA8-1EC8-4CFC-9990-3E2D3CF008E9 Packet Page 329

FREMONT CENTER MEDIANS LANDSCAPE DESIGN EXHIBIT B
or Agency will withhold amounts sufficient to pay premium from Consultant payments.

In the alternative, Agency may cancel this Agreement.

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

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

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

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

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

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.

DocuSign Envelope ID: CE028EA8-1EC8-4CFC-9990-3E2D3CF008E9 Packet Page 330

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

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

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

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

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

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

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

DocuSign Envelope ID: CE028EA8-1EC8-4CFC-9990-3E2D3CF008E9 Packet Page 331
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REQUEST FOR QUALIFICATIONS

ON-CALL CONSULTANTS - ENGINEERING

FOR CITY OF SEASIDE
Table of Contents
Introduction............................................................................................................................................................ 1 Proposal Requirements........................................................................................................................................... 1 Statement of Qualifications Submittal Requirements........................................................................................... 2 Schedule for Selection Process ............................................................................................................................... 2 Questions Regarding This Project ........................................................................................................................... 3 Form of Agreement ................................................................................................................................................ 3 Evaluation and Rating Criteria................................................................................................................................ 3 PRELIMINARY SCOPE OF SERVICES............................................................................................................... 3 General Provisions ................................................................................................................................................. 4 Non-Discrimination & Non-Preferential Treatment ............................................................................................. 6 Grounds for Disqualification............................................................................................................................... 6 Records and Financial Data ................................................................................................................................ 6 Introduction
The City of Seaside (City) seeks Request for Qualifications (RFQs) from qualified consulting firms or individuals to provide On-Call Engineering Services for miscellaneous undetermined projects.

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

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

City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
SOQ received after this deadline will not be accepted. Incomplete responses that do not conform to the requirements specified herein will not be considered. The SOQ and any accompanying documents shall be submitted in a sealed envelope with the words “On-Call ConsultantsEngineering” clearly marked in the lower left-hand corner of the envelope. Three bound copies, plus one electronic copy submitted on CD, USB flash drive, or by email to [email protected], containing an Adobe pdf copy, should be submitted.

Exhibit C
DocuSign Envelope ID: CE028EA8-1EC8-4CFC-9990-3E2D3CF008E9 Packet Page 332
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
Exhibit C
Type text here DocuSign Envelope ID: CE028EA8-1EC8-4CFC-9990-3E2D3CF008E9 Exhibit C Packet Page 333
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
Exhibit C DocuSign Envelope ID: CE028EA8-1EC8-4CFC-9990-3E2D3CF008E9 Packet Page 334
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 Exhibit C
Type text here
DocuSign Envelope ID: CE028EA8-1EC8-4CFC-9990-3E2D3CF008E9 Packet Page 335
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 5 - prospective Consultant(s) for the City to verify all information contained therein. If the City deems it necessary, additional information may be requested from the prospective Consultant(s) for further consideration.

3. A prospective Consultant(s) may withdraw their Qualifications at any time prior to the date and time which is set forth herein as the deadline for acceptance of Qualifications.

4. Each prospective Consultant(s) submitting Qualifications in response to this Request agrees the preparation of all materials for submittal to the City and all presentations are at the prospective entities sole cost and expense, and the City will not, under any circumstances, be responsible for any costs or expenses incurred by a prospective Consultant(s). In addition, each prospective Consultant(s) agrees that all documentation and materials submitted with Qualifications will remain the property of the City and will become a public document.

5. The City reserves the right to request additional information from any and all prospective entities as deemed necessary by the City in order to evaluate the Qualifications. This process may not be used as an opportunity to submit missing documentation or to make substantive revisions to the original Qualifications.

6. The City reserves the right to reject any and all Qualifications and, in the event the Consultant selected, it may attempt to negotiate an agreement with the Consultant that, in the sole judgment of the City, is the best qualified to provide the services requested.

7. The City shall not enter into an agreement with any prospective Consultant(s) that has previously had an agreement with the City terminated, or that has previously been found to have violated any provision of the Seaside City Code, or related resolutions or ordinances, or any provision of federal law, state, or other local law.

8. The City reserves the right to enter into an agreement with an Consultant(s) at any time, deviate from this Request, reject any or all SOQs, continue to advertise for new Qualifications, negotiate with multiple entities simultaneously, waive any defects in Qualifications, or to proceed otherwise. The Request and the selection process will in no way be deemed to create a binding contract or agreement of any kind between the City and any prospective Consultant(s). The submission of Qualifications does not in any way commit the City to enter into an agreement with any prospective Consultant(s).

9. Each prospective Consultant(s) shall agree to abide by all federal, state, and local laws, rules, and regulations and to secure all necessary licenses, permits, and other forms of identification as may be required in connection with the resulting agreement, all at no additional cost to the City.

10. All Qualifications, charge rates or representations will remain in effect and be legally binding for at least one hundred twenty (120) days from the date of submission.

Exhibit C DocuSign Envelope ID: CE028EA8-1EC8-4CFC-9990-3E2D3CF008E9 Packet Page 336
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.

Exhibit C DocuSign Envelope ID: CE028EA8-1EC8-4CFC-9990-3E2D3CF008E9 Packet Page 337
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.

Exhibit C DocuSign Envelope ID: CE028EA8-1EC8-4CFC-9990-3E2D3CF008E9 Packet Page 338
Exhibit D
DocuSign Envelope ID: CE028EA8-1EC8-4CFC-9990-3E2D3CF008E9 Packet Page 339
Exhibit D
DocuSign Envelope ID: CE028EA8-1EC8-4CFC-9990-3E2D3CF008E9 Packet Page 340
Exhibit D
DocuSign Envelope ID: CE028EA8-1EC8-4CFC-9990-3E2D3CF008E9 Packet Page 341

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 Beth Rocha, Senior Planner
DATE: October 19, 2023
SUBJECT: ADOPT A RESOLUTION APPROVING ARCHITECTURAL REVIEW APPLICATION NO. AR-23-11 FOR A SECOND STORY ADDITION
AT 7 HARROW COURT (APN: 012-682-037) IN THE SINGLE
FAMILY RESIDENTIAL (RS-8) ZONING DISTRICT. THE
PROJECT IS CATEGORICALLY EXEMPT CLASS 3, SECTION
15303(A) FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT

RECOMMENDATION
Adopt a resolution and conditions of approval for AR-23-11 for 7 Harrow Court.

BACKGROUND
On September 7, 2023, the City Council conducted a de novo review of Architectural Review AR-23-11. This application had been approved by the Planning Commission on August 9, 2023, and then subsequently appealed to the City Council by nearby property owners. The application proposed a remodel and 2,050 square foot ("sf") second-story addition to an existing three-bed, two-bath 2,383 sf fire-damaged dwelling to include rebuilding the home and garage that will result in a 4,433 square foot house with a 506 square foot attached garage. A copy of the September 7, 2023 Staff Report, which includes additional project information, is attached to this Report.

At the hearing on September 7, the City Council approved AR-23-11, but also directed staff to craft conditions of approval which would protect the privacy of residents on the west side of the property. Staff has drafted a Resolution with two additional conditions to help protect neighborhood privacy. The first of these states that the property owner will apply a translucent film to the west-facing windows on the second story of the dwelling, which would allow for light but would obscure views. The second condition Packet Page 342

Item No.

9.A.

Page 2 of 2 ends

would require the planting of trees to provide additional visual softening along the property line. Taken together, staff believes that these measures would significantly mitigate impacts of the project on properties located to the west of the project. Details of the film and tree specie and placement would be determined by staff in consultation with the applicant and appellants.

FISCAL IMPACT
This item is not expected to have any significant fiscal impact.

ATTACHMENTS

1. Attachment 1 Council Resolution

2. Exhibit A: Project Plans

3. Attachment 2: September 7, 2023 Council Staff Report Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 343

CITY COUNCIL
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING ARCHITECTURAL REVIEW APPLICATION NO. AR-23-11 FOR A SECOND STORY ADDITION AT 7 HARROW COURT (APN: 012-682-037) IN THE SINGLE FAMILY RESIDENTIAL (RS-8) ZONING DISTRICT WHEREAS, the Planning Commission conducted a public hearing on August 9, 2023 to review Architectural Review Application No. AR-23-11 from Jonathan Lee, property owner, for a second story addition to an existing one-story single family residence located at 7 Harrow Court; and
WHEREAS, Pamela McCormick and Steve Crow, Appellants, appealed to the City Council to overturn the decision of the Planning Commission on the basis that the commission did not adequately discuss the neighbors’ concerns over architectural review items; and
WHEREAS, at a duly noticed public hearing on September 7, 2023, the City Council heard the appeal de novo, and considered the application for Architectural Review, the merits of the appeal, and public input in relation to the policies, standards, and intent of the Seaside General Plan and the Seaside Municipal Code for the proposed second story addition; and
WHEREAS, the Seaside City Council on September 7, 2023, considered the application, received oral comments and written information concerning Architectural Review Application No. AR-23-11; and
WHEREAS, after careful consideration of all the evidence and testimony at that hearing the City Council exercised its discretion to approve the application adding conditions of approval to reduce impacts related to privacy between the proposed project and the neighboring properties and directed staff to return with a Resolution reflecting their decision; and
WHEREAS, the proposed second story addition is Categorically Exempt, Class 3, Section 15303(A), pursuant to the California Environmental Quality Act (CEQA) Guidelines.

NOW, THEREFORE, BE IT RESOLVED, that the City Council adopts the following finding approving Architectural Review Application AR-23-11:

1. The proposed use is allowed within the applicable zone and complies with all applicable provisions of the Zoning Ordinance and the Municipal Code; Packet Page 344
Evidence: The proposed addition complies with all applicable development standards and provisions of the Zoning Ordinance and the Municipal Code. The approval will allow a 2,050 square foot second story addition, to a maximum height of 24 feet, to a remodeled 2,383 square foot one-story dwelling and attached 506 square foot garage. The proposed architecture, building materials, and colors are consistent with those of the surrounding neighborhood.

BE IT FURTHER RESOLVED, that the City Council hereby approves Architectural Review Application No. AR-23-11, subject to the attached Exhibit A and the following conditions:

Planning:

1. The project will be reviewed for compliance with the regulations of the Monterey Peninsula Water Management District at the time of building permit submittal. The residential water form is required to be submitted at time of building permit submittal. If it is determined that there is not adequate water for the project, as proposed, the floor plan will need to be revised to reduce the number of water fixtures. This modification will not require a public hearing.

2. This approval does not include the conceptual Accessory Dwelling Unit shown on the attached plans.

3. Translucent window film sufficient to provide privacy to nearby properties shall be permanently affixed to the west-facing, second story windows of the primary residence. The film utilized shall be subject to the approval of the Community Development Department prior to installation.

4. In order to augment the privacy and soften the architectural structure between neighboring properties, a sufficient number of trees (estimated at three to four 15-gallon trees) shall be installed along the property boundary on the West, prior to the start of the rear yard hillside. The total number of trees, specie of tree, and planting location(s) shall be subject to approval by the Community Development Department, taking into account the screening and growth rate of the proposed trees. The trees shall be shown on the Building Permit plans, shall be installed and inspected before any Certificate of Occupancy is issued, and shall be maintained in good and healthy condition in perpetuity.

Packet Page 345
Standard:

1. The applicant agrees as a condition and in consideration of the approval of this discretionary permit that it will defend, indemnify and hold harmless the City of Seaside or its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul this approval. The applicant will reimburse the City for any court costs and attorney’s fees, which the City may be required by a court to pay as a result of such action. City may, at its sole discretion, participate in the defense of such action; but such participation shall not relieve applicant of his obligations under this condition. The City shall promptly notify the applicant of any such claim, action, or proceeding, and the City shall cooperate fully in the defense thereof.

2. Any proposed future development or change in use shall comply with the requirements of the Fire, Health, Planning, Code Enforcement, Building and Public Works Departments.

3. The permit shall have no force or effect unless and until accepted, and the terms thereof agreed to, in writing, by the applicant and property owner within fifteen (15) days from the date of its approval.

4. This approval shall become null and void unless a Building Permit is obtained within twelve (12) months of October 19, 2023. Time extensions may be granted if a written request and associated fee are received by the Community Development Department within 30 days prior to the expiration.

5. For purposes of assuring compliance, the applicant, agents, representatives or their assignees agree not to deny or impede access to the subject property by City employees in the performance of their duties.

BE IT FURTHER RESOLVED, the City Council hereby finds that the proposed second story addition is Categorically Exempt, Class 3, Section 15303(a), pursuant to the California Environmental Quality Act (CEQA) Guidelines, as it represents an addition to a single-family home.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, on the 19th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

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ABSTAIN:
______________________
Ian N. Oglesby, Mayor
ATTEST:
_____________________________
Dominique Davis, City Clerk
APPROVED AS TO FORM:
_____________________________
Sheri L. Damon, City Attorney
Attach:

Exhibit A – Project Plans
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ARCHITECTURAL REVIEW APPLICATION No. AR-23-11
RESOLUTION No. 23-XX
This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the applicant and property owner(s).

The undersigned hereby acknowledge the approved terms and conditions and agree to fully conform to, and comply with, said terms and conditions within the time frames approved by the City of Seaside.
_____________________________________ ________________
Applicant/Property Owner’s Signature Date
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ARCHITECTURAL REVIEW – MATERIALS/COLORS AND LIGHTING FIXTURE BOARD 7 HARROW COURT
SEASIDE, CA 93955
APN: 012-682-037-000
EXTERIOR WALLS: ROOF-STANDING SEAM METAL: BLACK LED WALL LATERN SCONCE:

TRIM: CEDAR SIDING:

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ARCHITECTURAL REVIEW – WINDOW AND GARAGE DOOR SPECS
7 HARROW COURT
SEASIDE, CA 93955
APN: 012-682-037-000
WINDOWS: GARAGE DOOR:

Black Milgard vinyl sliding windows or equivalent Cedar overhead garage door or equivalent

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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: September 7, 2023
SUBJECT: APPEAL OF PLANNING COMMISSION APPROVAL OF AN
ARCHITECTURAL REVIEW (AR-23-11) FOR A SINGLE-FAMILY
DWELLING LOCATED AT 7 HARROW COURT IN THE SINGLEFAMILY RESIDENTIAL (RS-8) ZONING DISTRICT. THIS ITEM IS CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO SECTION
15303 OF THE CEQA GUIDELINES (DE NOVO HEARING)

RECOMMENDATION
Staff's recommendation is to uphold the Planning Commission's approval of AR-23-11 and deny the Appeal.

BACKGROUND

SUMMARY
Harrow Court is a cul-de-sac located off of the north side of Hilby Avenue just to the east of Yosemite Street. The parcels on Harrow Court are developed with Single-Family Dwellings. In December 2019 the existing three-bed, two-bath 2,383 square foot ("sf") residence and attached two-car garage located at 7 Harrow Court were extensively damaged in a fire. The property has since been sold and on May 30, 2023, the City's Planning Division received an application for an Architectural Review (application number AR-23-11) to rebuild the destroyed home and garage plus build a 2,050 square-foot second-story addition within the existing footprint, resulting in a 4,433 square foot house with a 506 square foot attached garage. The property was staked and flagged and on July 12, 2023 the Planning Commission heard the item and voted to approve it. However, staff subsequently discovered that public notices had not been served properly, and the Planning Commission's action was therefore invalid. On August 9, 2023, the Planning Commission again heard the item, and again voted to approve. At both hearings, nearby residents spoke both for and against the proposed Packet Page 357

Item No. 9.A. Page 2 of 6
addition. On August 14, 2023, the City received a timely filed Appeal of the Planning Commission's approval from Pamela McCormick and Steve Crow. The Appeal asserts that the Commission did not adequately discuss the neighbor's concerns about Architectural Review Items. This item has therefore been referred to the City Council pursuant to Chapter 17.76 of the Seaside Municipal Code.

PROJECT DESCRIPTION
The subject site consists of a 14,586 sf parcel located at 7 Harrow Court. In December 2019 the existing three-bed, two-bath 2,383 sf single-story residence and an attached two-car garage were extensively damaged by a fire. The home had a clerestory roof that peaked at approximately 18 ft (see Attachment 2). The subject parcel shares property lines with five properties on three streets: 1630 and 1640 Wanda to the rear, and 8 and 10 Valencia Court as well as 5 Harrow Court to the west interior side.

Additionally, 9 Harrow Court is on the east side, but separated from the subject site by a pedestrian walkway that connects Harrow Ct. to Wanda Ave. (see Attachment 3). The homes on the abutting parcels are a combination of one-story and two-story homes with the ground floor occupied primarily by garage space. The property is located in the Single-Family Residential (RS-8) Zoning District.

The project consists of a rebuild of the 2,383 sf fire damaged residence, construction of a new 2,050 sf second story addition, and rebuild of the 506 sf attached garage. Project plans are provided as Exhibit A to Attachment 1.

CODE COMPLIANCE ANALYSIS
Zoning Compliance:

Single-Family Dwellings are a permitted "by right" use within the RS-8 Zoning District.

However, per SMC 17.62.030.B.2 the project is subject to Architectural Review as it includes a new second-story addition.

Standards for residential development within the RS-8 are defined in Section 17.12.050, Table 2-3: Residential Zone Development Standards. The proposed project complies with the RS-8 development standards, as summarized below:

Development Standard Required Proposed
Maximum floor area ratio
(FAR)

0.45, 6,564 sf 0.31, 4,499 sf
(excluding 440 sf of garage
area per SMC 17.12.050,
footnote 3)
Maximum coverage 65%, 9,480 sf 43%, 6,250 sf
Maximum Height 24’ 24’
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Item No. 9.A. Page 3 of 6
Minimum Parking 2 covered spaces 2 covered spaces
Minimum Setbacks Front: 15'
Side: 5'
Rear: 15'
Front: 50’+
Side: 22’ (west) and 9’-8”
(east)
Rear: 34’
Architectural Review:

In accordance with SMC 17.62.030.D, staking and flagging is required to be erected a minimum of 14 days prior to the hearing for new residential construction and addition(s) to existing structure(s) over 18 feet in height, to demonstrate the dimensions and heights of the ridge lines at the highest peak of each roof line and perimeter. Staking and flagging was installed on June 26, 2023 and is documented with the photographs in Attachment 4. Staking and flagging remained in place until July 19, 2023.

In accordance with SMC 17.62.030.E, Architectural Review approval includes an evaluation of the following:

1. Architectural considerations, including the character, quality, and scale of the design, architectural relationship with the site and other structures, building materials, colors, fencing, trash enclosure and walkway improvements, exterior lighting and signs, and the screening of exterior appurtenances; and

2. Proposed outdoor lighting, including the proposed placement of fixtures, type of fixtures, and illumination levels.

Architectural considerations:

Project plans are included as Exhibit A to the attached Resolution. The proposed residence would be a contemporary, Mediterranean-influenced design of two stories (1st: 2,383 sf, 2nd: 2,050 sf), with a 506 sf attached garage. The primary residence would be constructed to the maximum permitted height of 24 feet. The home is sited on a sloping parcel, with a nine-foot difference between the low-and-high-grade, from the garage footprint to the rear of the proposed residence.

Character, Quality and Scale
A combination of the site topography and the siting of the residence, attached garage, and design elements such as the raised planters and front entry porch create visual interest and contribute to an overall visual reduction of the mass of the residence. The proposed materials would be of high quality and are as follows:

1. Standing seam metal roof in Taupe

2. Exterior stucco walls in Acoustic White

3. Trim in Tranquil Taupe
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Item No. 9.A. Page 4 of 6

4. Windows - Milgard black vinyl windows or equivalent

5. Cedar garage door
The project plans include references to an Accessory Dwelling Unit (ADU), proposed to be located above the garage. California Government Code Section 65852.2 regulates the development of ADUs, and Section 65852.2(a)(3)(A) precludes local governments from requiring any discretionary action or hearing. As such, the ADU shown on the plans is exempt from the City's Architectural Review process and is not considered a part of this review. Pursuant to State Law, if the applicant chooses to move forward with the ADU, that application must be submitted through the Building Permit process and is subject to the availability of water. No application for an ADU has been submitted to the City as of the drafting of this Staff Report.

Lighting considerations:

The proposed black wall lantern exterior wall sconces employ cut-off optics and will not cause up-lighting beyond the façade.

ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act pursuant to Class 3, Section 15303(a): One single-family residence or a second dwelling unit in a zone which permits residential uses. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption.

Evidence: The proposed new construction will result in one new single-family dwelling.

PLANNING COMMISSION
The Planning Commission originally heard AR-23-11 on July 12, 2023. During the hearing, several residents of nearby properties expressed concerns. These largely centered around blocking of views, loss of privacy due to the second story addition, as well as a concern that the home would not fit into the existing neighborhood. The Planning Commission praised the architecture of the house and complimented the property owner on its design and appearance. The Chair of the Commission stated for the record that while he was sympathetic towards the concerns raised by the nearby residents, the Commission was legally precluded from denying the project, as it complied with all City standards. He also indicated that the City could not take view protection into consideration. The Planning Commission voted unanimously (5-0) to approve the project.

Subsequent to this, staff discovered that the required public notice had not been properly served to owners of property within 300 feet of the project site. Staff then renoticed the public hearing, and the item was again brought before the Planning Commission on August 9, 2023. Public testimony largely mirrored that of the first hearing, with concerns largely related to loss of views, privacy, and neighborhood Packet Page 360

Item No. 9.A. Page 5 of 6
character. Some members of the public also spoke in favor of the project, saying it would be an asset to the neighborhood. The Planning Commission Chair acknowledged the concerns and reiterated statements from the prior hearing regarding whether the Commission had discretion over the specific concerns brought up by residents, noting that the review was for architectural considerations and lighting. The Planning Commission again voted to approve the project by a 5-0 margin.

APPEAL
On August 14, 2023, an appeal of the Planning Commission's approval of AR-23-11 was timely filed by Pamela McCormick and Steve Crow. The appeal stated as the basis of the appeal that "The Commission did not adequately discuss the neighbor's concerns over Architectural Review Items."
Chapter 17.76 of the Municipal Code addresses the procedures for an appeal. Council has the option to "[a]ffirm, affirm in part, or reverse the action, determination, or decision that is the subject of the appeal, based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with [the] Zoning Ordinance." The City Council may also "[a]dopt additional conditions of approval that may address issues or concerns other than the subject of the appeal." Finally, if "new or different" evidence is presented on appeal, the Council may refer the matter back to the Planning Commission for further consideration.

Council considers the matter "de novo" and is not limited to considering only facts previously entered into the record.

RECOMMENDATION
Staff recommends that Council deny the appeal and approve AR-23-11, subject to the Resolution (Attachment 1) and Project Plans (Exhibit A to Attachment 1).

FISCAL IMPACT
There is no significant fiscal impact associated with this Item.

ATTACHMENTS

1. Attachment 1 - Draft Resolution

2. Exhibit A Project Plans

3. Attachment 2 Existing Site Conditions

4. Attachment 3 Location Map

5. Attachment 4 Staking and Flagging

6. Attachment 5 Appeal
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Item No. 9.A. Page 6 of 6
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.A.

TO: City Council
BY: Jaime M. Fontes, City Manager
DATE: October 19, 2023
SUBJECT: APPROVE THE USE OF PUBLIC RESOURCES POLICY

PURPOSE & RECOMMENDATION
Approve the use of public resources policy for support and/or work from individual City Council members to staff and departments.

BACKGROUND
The City Council currently does not have a specific policy governing the use of public resources by its members. This can lead to confusion and inconsistency in the method by which resources are used. It can also create the potential for unequal use of finite public and staff resources among members of the Council.

The proposed Use of Public Resources Policy would address these concerns by establishing a standard procedure for the use of public resources by Council members.

The policy would also require all requests for the use of public resources to be approved by the City Manager, ensuring that all members of the Council have equal access to the same.

Policy Summary
The proposed Use of Public Resources Policy would apply to all public resources, including but not limited to City facilities, staff time, equipment, and City technological resources. The policy would not prohibit individual City Council Members from renting meeting space in City facilities under the same terms and conditions as are available to members of the general public, nor would it prohibit City Council Members for hosting Town Halls, listening sessions, or other types of community meetings.

To request the use of public resources, a City Council member would need to submit a Packet Page 363

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10.A.

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written request to the City Manager. The request would need to specify the resources being requested, the purpose for which the resources will be used, and the dates and times that the resources will be needed. The City Manager would then review the request and make a recommendation to the City Council Member and/or direct staff to comply with the request.

In making its decision, the City Manager would consider the following factors:

The purpose for which the resources are being requested.

The availability of the resources.

The impact on the City's budget and operations.

Whether or not the request is fair and equitable to all members of the City Council.

Ultimately, the City Manager would be responsible for making the necessary arrangements to provide the requested resources.

Implementation
If the City Council adopts the proposed Use of Public Resources Policy, it would go into effect immediately.

ATTACHMENTS

1. Draft Public Resources Policy
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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USE OF PUBLIC RESOURCES POLICY
Resolution XXXXX; Adopted XXXXX
Policy Statement
The purpose of this policy is to define procedures for the use of public resources by Members of the City Council for purposes other than City Council meetings or other official City business, and to ensure fairness in the accessibility of the use and resources to all members of the Council. Public resources include but are not limited to City Facilities, staff time, equipment and City technological resources (e.g., website, social media sources and email systems). This policy does not prohibit individual City Council Members from renting meeting spaces in City Facilities under terms and conditions as are available to members of the general public, nor does it prohibit City Council Members for hosting Town Halls, listening sessions, or other types of community meetings.

City Facilities, Equipment, and Technology
Except as provided hereinabove, requests for use of a City Facility, Equipment, and Technology by a City Council Member for a community meeting, gathering or similar event shall be reviewed by the City Manager. Use of public resources to support such events shall be prohibited unless the City Council has expressly approved the event as a City-sponsored or co-sponsored event.

City Staff Support
Requests for the support of City staff by a City council Member for a community meeting gathering or similar event shall be reviewed and approved by the City Manager, and the request for support should be requested, in writing (email complies) with a minimum of three (3) weeks in advance.

Request for City Staff assistance without the consent of the City Manager shall be prohibited.

Brown Act Compliance
In situations where the City Council has taken action to co-sponsor a community meeting, the meeting shall be conducted in accordance with the Brown Act. This includes posting an agenda for the City Council and any City Advisory Bodies that may have a majority of their members attending the meeting.

Personal Purposes or Campaign Activities
Use of public resources for any personal purpose or campaign activities shall be prohibited in accordance with Government Code Sections 8314 and 54964.

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Seaside City CouncilOctober 19, 2023

Seaside City Council
October 19, 2023