Seaside City Council
November 2, 2023

The following provides a brief description of the work completed to date on the Project leading up to the City Council’s consideration of the Draft Plan and design phase.

Hilby Avenue Corridor Characteristics
Hilby Avenue from Wheeler Street to General Jim Moore Boulevard is functionally classified as a minor arterial roadway, as identified in the General Plan. The roadway width of Hilby Avenue is approximately 40 feet from face of curb to face of curb with parking permitted on both sides of the street. The posted speed limit is 30 miles per hour (mph). Recently, the city installed 25 mph and 20 mph signs in the school zone on Hilby Avenue between Prospect Street and Noche Buena Street. Hilby Avenue is a primary emergency response route. Along the corridor there is a mixture of residential single family dwellings, apartment complexes and condominiums, a mobile home park, four churches, a day care facility, a private school, and a community center. Monterey Salinas Transit operates two bus routes along this corridor. Within the mile and a half corridor of Hilby Avenue from Wheeler Street to General Jim Moore Boulevard there are five bus stops, and three stop signs on Hilby Avenue at Noche Buena Street, Yosemite Street, Mescal Street and a traffic signal at General Jim Moore Boulevard.

Community Input Workshop
On May 17, 2023, Parametrix facilitated an in-person community outreach workshop that consisted of a street experience walk on Hilby Avenue followed by a Community Input Workshop at the Oldemeyer Center. The design team presented project goals, existing conditions, historical speed limit data, responses from an online survey, speed and volume data, collision history, and a "toolkit" of potential traffic calming measures.

The attendees were then asked to select traffic calming measures from the toolkit and apply them at locations on the existing conditions map. Improving sight distance at intersections, adding a crossing at Wheeler Street, installing speed humps throughout the corridor, installing speed cameras, neighborhood roundabouts, and speed feedback signs were suggestions by the public. The street walk experience and community meeting were well received and had an estimated attendance of 35 and 45, respectively.

Draft Plan
Based upon the existing conditions and public input, the design team produced an initial high-level traffic calming concept for the corridor (Attachment 3). The draft Hilby Avenue Traffic Calming Plan (Draft Plan) has incorporated several traffic calming measures including red curbing at intersections, centerline and edge line striping, median islands, high visibility crosswalks, and speed cushions throughout the corridor.

The design team reviewed the proposed traffic calming measures identified in the Draft Plan with the Police Department, Fire Department, and Monterey Salinas Transit for concurrence.

Traffic Advisory Committee Meeting
On September 19, 2023, the Draft Plan was presented to the Traffic Advisory Packet Page 230

Item No.

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Committee. Parametrix and staff fielded questions from the public and committee members, with a majority in favor of the Draft Plan. The Traffic Advisory Committee voted unanimously to recommend the City Council approve the Draft Plan for implementation.

Response to Requests
Several members of the public spoke in support of the Draft Plan. There were a few requests during Public Comment that are not reflected in the Draft Plan that, upon further evaluation, may be included into the final design. The requests are as follows:

1. Monterey Salinas Transit (MST) requested to add crosswalks at bus stops located along the corridor. There are 5 bus stops along the corridor supporting two MST routes; Jazz A and Route 94, with service every 30 minutes and 2 hours, respectively. The Draft Plan proposed adding a crosswalk on Hilby at Wheeler Street adjacent to the community center. With the exception of two bus stops on Hilby Avenue, at San Lucas and Shafer, all others have adjacent crosswalks. Upon a cursory review, it appears that an additional crosswalk may be added, adjacent to the bus stop at Shafer Street.

Adding a crosswalk at this location will be evaluated, and if feasible, incorporated into the final design.

2. The Draft Plan proposed traffic calming measures on Hilby Avenue east of Wheeler Street and excluded lower Hilby. Lower Hilby Avenue refers to the section of Hilby Avenue from Canyon Del Rey Boulevard to Fremont Boulevard and upper Hilby refers to Hilby Avenue from Fremont Boulevard to General Jim Moore Boulevard. Hilby Avenue has different roadway characteristics, such as speed limit, roadway geometry, and traffic volumes east and west of Fremont Boulevard, and due to these differences and supportive documentation submitted by the applicant related to speeding and traffic collisions, staff focused the efforts for traffic calming on upper Hilby Avenue. Lower Hilby Avenue residents who signed the petition were notified of the community meeting as well as the Traffic Advisory Committee meeting. Additional traffic calming measures for lower Hilby Avenue will be evaluated and, if feasible, incorporated into the final design.

3. A couple of members of the public questioned the need for bicycle facilities and additional signage. The General Plan proposes a bicycle facility on Hilby Avenue from Canyon Del Rey Boulevard to General Jim Moore Boulevard. Due to the existing right of way constraints, on-street parking removal would be necessary to provide the required bicycle lane width for a Class II Bicycle Facility. A Class III Bicycle Facility requires sharrow pavement markings and bicycle signage. Sharrows are shared-lane markings to indicate where a cyclist has the right to ride. Sharrows allow the bicyclist to use the full lane width and drivers must give cyclists 3 feet of space when passing. Sharrows can be found on Broadway Avenue from Fremont Boulevard to General Jim Moore Boulevard. A Class III Bicycle Facility along the corridor will be evaluated and, if feasible, incorporated into the final design. In addition, Parametrix will review the existing Packet Page 231

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signage along the corridor and update any outdated signage in accordance with the California Manual of Uniform Control Devices (CAMUTCD).

Public Outreach
Over 600 postcard meeting notices were mailed to residents frontaging upper Hilby Avenue, including residents a block north and south of the corridor, in addition to residents who signed the petition. Meeting notices were posted on the City’s newsflash website and meeting flyers were posted at the Oldemeyer Center, Pattullo Swim Center, Library, and City Hall. The Community Meeting was announced at the City Council meeting and a meeting flyer was posted on social media. An online survey was conducted before the community meeting and kept open after the meeting, which generated 71 responses. A Project outreach page was created and updated with all the information presented at the Community Meeting in May. The Project outreach page was updated with the Traffic Advisory Committee (TAC) meeting notice and Draft Plan.

The meeting flyer for the TAC meeting was posted on the City’s newsflash and postcard meeting notices were sent to the same residents and emailed to attendees of the Community Meeting.

Final Design Phase
Upon request from staff, Parametrix submitted a proposal to prepare final design and construction bid documents for the Hilby Avenue Traffic Calming Improvements Project.

The design will incorporate traffic calming measures for the entire Hilby Avenue corridor from Canyon Del Rey Boulevard to General Jim Moore Boulevard. The proposal submitted includes project management, existing conditions, field review and base mapping, 65%, 95%, and 100% plans, specifications, and construction cost estimates, bid support, design support during construction, and public outreach if needed. The final design is estimated to be completed by February 1, 2024.

FISCAL IMPACT
The adopted FY 2023/2024 Capital Improvement Program approved $640,000 for traffic calming projects identified in account 212-8960-9580. There is sufficient funding in the account to approve amendment No.1 to Parametrix's professional services agreement for final design and bid documents for the Hilby Avenue Traffic Calming Improvements Project.

ATTACHMENTS

1. Resolution

2. Amendment No. 1

3. Draft Plan
Reviewed for Submission to the City Council by:

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Item No.

10.B.

_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING THE HILBY AVENUE TRAFFIC CALMING PLAN AND

AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICE
AGREEMENT WITH PARAMETRIX INC. FOR AN AMOUNT NOT TO EXCEED $96,870.00 TO DESIGN AND PREPARE CONSTRUCTION BID DOCUMENTS

FOR THE HILBY AVENUE TRAFFIC CALMING IMPROVEMENTS PROJECT WHEREAS, on January 19, 2023 the City Council approved a professional service agreement with Parisi Transportation Consulting (a division of Parametrix Inc.) to provide a preliminary traffic calming plan, including extensive community outreach, to evaluate the mile-long Hilby Avenue corridor from Wheeler Street to General Jim Moore; and WHEREAS, the scope of work included data collection, preparation of existing conditions map, development of a “toolkit” of potential traffic calming measures, an inperson community outreach workshop, and draft plan presentations to the Traffic Advisory Committee and City Council for final approval; and
WHEREAS, on May 17, 2023, Parametrix facilitated an in-person community workshop that consisted of a street experience walk on Hilby Avenue followed by a workshop lead by the design team which presented project goals, existing conditions, historical speed limit data, responses from an online survey, speed and volume data, collision history, and a "toolkit" of potential traffic calming measures; and WHEREAS, based upon the existing conditions and public input, the design team produced an initial high-level traffic calming concept for the corridor which included red curb at intersections, centerline and edge line striping, median islands, high visibility crosswalks, and speed cushions throughout the corridor; and WHEREAS, the draft plan was presented to the Traffic Advisory Committee (TAC) at the September 19, 2023 meeting and was approved to recommend approval to the city council for implementation; and
Packet Page 234
WHEREAS, based on a few comments from the public at the TAC meeting, considerations of an additional crosswalks, similar traffic calming measures on Hilby Ave between Canyon Del Rey to Fremont Boulevard, and a Class III bicycle facility will be evaluated and incorporated into the plan, if feasible.

NOW, THEREFORE BE IT RESOLVED, that the City of Seaside City Council approves the Hilby Avenue Traffic Calming Plan from Canyon Del Rey to General Jim Moore Boulevard; and
BE IT FURTHER RESOLVED, that the City of Seaside City Council authorizes the City Manager to execute amendment No. 1 to the professional services agreement with Parametrix Inc. to design and prepare bid documents for the Hilby Avenue Traffic Calming Improvements Project for an amount not to exceed $96,870.00.

PASSED AND ADOPTED at a regular meeting of the City of Seaside City Council duly held on the 2nd day of November, 2023 by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
______________________________
Sheri L. Damon, City Attorney
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CONTRACT AMENDMENT #l

PROFESSIONAL SERVICES
City of Seaside
Date: November 2, 2023 ChangeRequestedby: 2Q City/District Consultant Contract Date Project Name
January 19, 2023 Hilby Avenue Traffic Calming Work Plan To (Consultant): Parametrix Inc., 800 Bancroft Way, Suite 203 Berkeley, CA 94710 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 hereui.

MODIFY the following text in Sectton 2, "Services."
Consultant shall perform the tasks described and set forth in Exhibit A and Exhibit Al 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 Al.

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

Original Contract
Amount
Previous CCO Total (Not
including this
Amendment)
This Amendment
Total
Revised Contract
Amount
$100,610.00 $0 $96,870.00 $197,480.00
Original Contract
Time
Original Completion Date Days To Date
(Including This
Amendment)
Revised
Completion Date
18 Months June, 30, 2024 o June, 30, 2024
FUBMITTy:

S)A.,a}ro
Nisha Patel
'-.

Public Works Director/City Engineer [0{zs/ Z,3
V S"ign'"" " Name and Title Date
CITY APPROVAL BY:

Jaime M. Fontes
City Manager
Signature' Narne and Title Date

CONSULTANT
ACCEPTANCE BY:
ff..,! Nathan Johnson
Senior Vice President 10/24/2023
r-Sigt7Gture -
Name and Title Date
Packet Page 236
Scope of Work
800 Bancroft Way, Suite 203 • Berkeley, CA 94710 | 510.343.6400 | Parametrix.com City of Seaside
Department of Public Works
Hilby Avenue Traffic Calming Plans, Specifications, & Estimate Introduction
Parametrix is pleased to submit this proposal to the City of Seaside to prepare construction documents for the corridor Hilby Avenue from Canyon Del Rey Boulevard to General Jim Moore Boulevard. This proposed scope of work would include new corridor striping, corridor signage improvements, speed cushions, two new crosswalk locations with four new curb ramps at two on Wheeler St and two on Shafer St and Bid support/Construction Coordination. Optional task includes public outreach. Our proposed scope of work includes the following tasks:

Task 01 – Project Management
Objectives
The objective of this task is to provide overall project management of the consultant contract with City of Seaside Public Works (mainly Leslie Llantero).

This task includes general management functions that include the following:
• Project Planning – Document and communicate the scope of work, budget, and schedule as a road map for the project team. Coordinate project team and issues throughout the project. • Project Schedule Tracking – Establish project schedule within two weeks of project initiation and track progress against schedule milestones throughout the project • Budget Tracking – Track the project budget using Parametrix in-house tools to verify that progress is keeping pace with spending.
• Bi-weekly design team meetings with an issues list to document project design decisions. • Monthly Progress Reports – Prepare a monthly invoice for services performed by Parametrix. • Correspondence – Prepare written correspondence as needed to document project management issues and/or concerns.

Deliverables
Deliverables for this task include:
• Project design schedule with key milestones
• Miscellaneous correspondence to document project management issues. • Monthly progress reports enclosed with invoices.

Assumptions
Assumptions for this task include:
• Project duration is 3 months.

Packet Page 237
Scope of Work
City of Seaside
Department of Public Works 2 October 2023
Hilby Avenue Traffic Calming Plans, Specifications, &
Estimate
• Budget assumes 5 bi-weekly meetings.

Task 02 – Draft Construction Documents
Parametrix will prepare construction documents for Hilby Avenue Safety improvements. Plans will be prepared on 22”x34” size sheets at 1” = 20’ scale using topographic base map files provided by our subcontractor. Construction standards and specifications will be consistent with the latest version of City of Seaside standards and Caltrans construction standards. Plans will be submitted to the City in PDF format for review only.

The 65% level design will provide a layout of the proposed crossing improvements with proposed curb ramp grading and drainage based on the City of Seaside Standards and Caltrans Standards Plans and Specifications. Proposed curb ramp and poles will be checked for driver visibility and conformance to ADA and CA MUTCD guidelines. Pole locations will account for and avoid identified underground utility locations. Improvements will account for underground utilities as shown in topographic mapping provided.

Cost estimates will follow the City standard format. Responses to City comments will be tracked and discussed in-person with City staff after review of the 65% and 95% submittals and evaluated whether additional submittals will be required or whether comments can be incorporated into the next submittal. Editorial or formatting issues not affecting the design intent or constructability of the project will be identified in the Parametrix-City design review meeting and will be incorporated into a subsequent submittal.

Parametrix will prepare technical specifications, a bid schedule, and a cost estimate for items in the scope of work. The cost estimate will include calculation summaries for the basis of quantities.

Subtask 02-01 – Existing Conditions Field Review and Base Mapping
Objective/Goal
Parametrix will apply available data provided by the City of Seaside and perform a topographic survey at the proposed crosswalk locations. Parametrix will gather available parcel data and perform a cursory right-of-way evaluation within each project area.

Deliverables
Deliverables for this task include:

1. Review of existing conditions through a detailed in-person field visit and laid out on an aerial base map of Hilby Avenue from Canyon Del Rey Boulevard to General Jim Moore Boulevard.

This will include locations of existing signage, existing pavement markings, and existing red curb, in-field curb to curb dimensions, as well as grade verification at median island treatment locations.

2. Topographic survey provided by a sub-contractor at the intersections of Hilby Avenue with Wheeler St and Shafer St with existing C3D surface.

3. Cursory right-of-way evaluation within project area.

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Scope of Work
City of Seaside
Department of Public Works 3 October 2023
Hilby Avenue Traffic Calming Plans, Specifications, &
Estimate
Assumptions

1. No additional survey is needed, and existing conditions are sufficiently available for reference.

2. This task assumes the preliminary improvement plans are within the public right-of-way and parcel boundary surveys will not be required. Parcel boundary surveys can be performed for an additional fee, if needed.

3. Utility location information will be based off of data provided by the City Subtask 02-02 – 65% and 95% Plans Specifications and Estimates Objective/Goal
To prepare construction documents, cost estimate and technical specifications for the civil, roadway surface improvements (e.g. slurry seal), striping, and signage improvements along Hilby Avenue. A submission will be made at the 65% and 95% design completion. Plans will be prepared on 22”x34” size sheets at 1” = 20’ scale for signage and striping plans.

Deliverables
Deliverables for this task include:

1. Title sheet & notes, project layout and control, and BMPs (estimated 3 sheets)

2. Demolition and Civil Plans (estimated 15 sheets) to include:
• Pavement improvement (slurry seal) sheets
• Demo/Layout Sheets
• Flowline and Grading Sheets for curb ramp improvements • Civil Detail Sheets

3. Signage and Striping Plans (estimated 16 sheets) to include:
• Pavement delineation (striping) plan (seven sheets) for the Hilby Avenue corridor from Canyon Del Rey Boulevard to General Jim Moore Boulevard. • Signage plan for the Hilby Avenue corridor (seven sheets) from Canyon Del Rey Boulevard to General Jim Moore Boulevard.
• Signage and Striping Detail Sheet
• Signage and Striping Quantity Sheet

4. Project Specifications, Quantity Takeoffs and Cost Estimate. Parametrix will provide Technical Specifications for all items noted in the Bid Items list. Quantity takeoffs showing the calculated quantities will be provided in XLSX format. Parametrix will use recent bid results from the City and other projects in the San Francisco Bay Area to develop a total Project cost estimate. The PS&E will include estimate for construction time.

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Scope of Work
City of Seaside
Department of Public Works 4 October 2023
Hilby Avenue Traffic Calming Plans, Specifications, &
Estimate
Subtask 02-03 – 100% Bid Set Plans Specifications and Estimates Objective/Goal
To integrate one set of non-conflicting comments compiled by the City relating to the design and will prepare a 100% final bid set. The budget for this task assumes that the City’s comments from the 95% phase will cover all substantive design issues. Comments received on the 100% Plans concerning design issues not previously identified and discussed at the 95% design that trigger an additional submittal may be subject to additional cost. Separate cost estimates will be produced for two extents that will be agreed upon with the City beforehand (e.g. Fremont Boulevard to General Jim Moore Boulevard, and Canyon del Rey to Fremont Boulevard). Construction bid table will be produced for a single extent.

Deliverables
Deliverables for this task include:

1. Civil, Striping, and Signage Plans submittal in PDF format at 100% Bid Construction level.

2. Technical specifications provided in MS Word format at the 100% Bid Construction Level.

3. Engineer’s estimate in PDF and MS Excel format at the 100% Bid Construction Level.

4. Construction bid table in XLSX format.

Task 03 – Bid Support and Construction Coordination
Objective/Goal
To provide support to the City in responding to questions during the bid, pre-construction, and construction stages. Parametrix will respond to product submittals and Requests for Information from the contractor and address other design issues raised during construction.

Task 04 – Public Outreach
Objective/Goal
To attend in person up to one public meeting to present the proposed design and answer questions from the public.

Deliverables
Deliverables for this task include:

1. Powerpoint presentation for public outreach meeting.

Packet Page 240
Scope of Work
City of Seaside
Department of Public Works 5 October 2023
Hilby Avenue Traffic Calming Plans, Specifications, &
Estimate
Budget
Parametrix will conduct all work on a time-and-materials basis, with a cost not to exceed $96,870.

The basis for this budget is displayed in the table below. Parametrix assumes that the City of Seaside will transfer uncharged funding from the Hilby Avenue Traffic Calming Concept Project after it is completed in November 2023, and allocate the remainder to this proposed scope of work.

Parametrix will invoice monthly in accordance with the City’s requirements. Payments are to be received within 30 days of receipt.

Schedule
Assuming Notice to Proceed for this revised work plan by November 22, 2023, our proposed scope of work through Task 2 Final Plans design will result in a completed design on February 1, 2024.

In Closing
We look forward to serving the City of Seaside on this important project. If you have any questions, please do not hesitate to contact me.

Sincerely,
David Parisi, PE, TE
Principal Consultant
Principal
Consultant
Senior
Consultant Engineer IV Engineer I Project Controls
Task Description $360 $230 $170 $130 $150 Subtotal
1 Project Management and Administration 12 16 24 8 $13,280 2 Draft Construction Documents

2.01 Field Review and Base Mapping $16,520
Field Review of Existing Conditions 2 4 16 32 $8,520
Land Survey (Sub-contractor) $8,000

2.02 65% and 95% Plans Specifications and Estimates 10 22 76 136 $39,260 Title sheet & notes, project layout and control, and BMPs 2 6 12 24 $7,260 Demolition and Civil Sheets 4 8 32 56 $16,000
Signage and Striping Plans 4 8 32 56 $16,000

2.03 100% Bid Set Plans Specifications and Estimates 4 8 24 36 $12,040 3 Bid Support and Construction Coordination 2 8 16 24 $8,400 4 Public Outreach 2 2 16 24 $7,020
Expenses (Travel) $350
Base Scope Totals 28 54 140 196 8 $96,870 Packet Page 241

CITY OF SEASIDE

DRAFT HILBY AVENUE TRAFFIC CALMING PLAN
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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.C.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Carolyn Burke, Assistant Public Works Director
DATE: November 2, 2023
SUBJECT: ADOPT A RESOLUTION ADOPTING THE LINCOLN

CUNNINGHAM AND HAVANA SOLIZ PARKS CONCEPTUAL

MASTER PLAN

RECOMMENDATION
Adopt a resolution approving the Lincoln Cunningham and Havana Soliz Parks Conceptual Master Plan.

BACKGROUND
On January 30, 2023, the City Council adopted a resolution authorizing the preparation of concept plans for the development of accessible trail and amenity locations in Lincoln Cunningham and Havana Soliz Parks. Development of the Lincoln Cunningham and Havana Soliz Parks Conceptual Master Plan is the first phase of the larger Blue Zones Marquee Project that aims to improve health and well-being of the Seaside community by providing vibrant parks connected by a walkable network of trails. The ultimate goal is to connect Manzanita-Stuart, Lincoln Cunningham, and Havana Soliz parks via a modern, accessible trail network.

Developing the Lincoln Cunningham and Havana Soliz park concepts before proceeding with a project to construct the trails will provide park layouts, determine trail locations, ensure proper drainage, and prepare for accessibility in anticipation of future park amenities. If the trails were constructed first, without conceptual plans, there is a high likelihood that they could get demolished in the process of constructing future park amenities.

Public input on park needs and community priorities was solicited via two outreach events; a park pop-up at Lincoln Cunningham park on Saturday, June 24, 2023, and a Packet Page 243

Item No.

10.C.

virtual town hall held on June 13, 2023. Both events were well-attended and feedback focused on several areas of interest: accessibility, preservation and enhancement of existing community-tended gardens, and amenities for a variety of age groups.

Participants tended to favor more action-oriented installations at Lincoln Cunningham park and more relaxed activity and opportunities for social engagement at Havana Soliz park.

Draft concept plans for Lincoln Cunningham and Havana Soliz parks was presented to the Parks and Recreation Commission (PRC) at their September 18, 2023 meeting, and valuable feedback was provided by both PRC commissioners and the public. The general consensus was broadly in favor of the design and amenities, with more divided opinions voiced regarding proposed lighting along trails and the inclusion of a restroom at Lincoln Cunningham park. City staff and the consulting landscape architect provided additional information on mitigations for the associated concerns, including using shorter, bollard-style lighting that can be focused downward to avoid light pollution, and the use of pre-fabricated restroom units equipped with remote locking features and specialized lighting to deter people from occupying the unit for long periods of time.

Other feedback on proposed amenities was incorporated into the plans being presented to City Council, including the replacement of a proposed volleyball court feature in Lincoln Cunningham with open space, and notes regarding proposed fitness equipment addressing a range of ages, and play amenities including at least one piece of allabilities equipment at each park. Staff also confirmed to the public and PRC commissioners that while the concept plan includes a wide range of concepts, the PRC and City Council will have central roles in the future approval of individual projects implementing the conceptual plan.

Led by community feedback and in collaboration with Public Works engineering staff, the City’s consultants, BFS Landscape Architecture and Whitson Engineers, have prepared final concept plans for trail alignments and park amenities at both Lincoln Cunningham and Havana Soliz parks for consideration and approval by City Council. As noted above, Council approval of the concept plan ensures that there is adequate space for the types of amenities noted and that ADA accessible pathways are possible, but does not preclude more detailed evaluation of features in the future.

In response to clear feedback from the community and Council members that construction of the trails is a priority, Public Works has a separate item on the November 2, 2023 City Council agenda to enter into a professional services agreement with an engineering consultant to prepare construction plans and specifications for the main arterial trail segment in Lincoln Cunningham park that runs from San Pablo Avenue to Lincoln Avenue, with the goal of beginning construction this fiscal year. Due to budget constraints only one trail segment could be considered for construction; this particular segment was chosen to be built first due to its connection to both Ord Terrace Elementary and the Havana Soliz park entrance and inclusion in the Safe Routes to Schools plan. As funds become available, trails and amenities will be Packet Page 244

Item No.

10.C.

constructed in both parks, guided by the concept plans currently under consideration.

FISCAL IMPACT
Approval of the Lincoln Cunningham and Havana Soliz Parks Conceptual Master Plan does not authorize construction and has no fiscal impact.

ATTACHMENTS

1. Lincoln Cunningham-Havana Soliz Parks-Preferred Concept Plan

2. Rendering for Lincoln Cunningham-Havana Soliz Parks-Preferred Concept Plan

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING THE LINCOLN CUNNINGHAM AND HAVANA SOLIZ PARKS

CONCEPTUAL MASTER PLAN
WHEREAS, on January 30, 2023, the City Council adopted a resolution authorizing the preparation of concept plans for the development of accessible trail and amenity locations in Lincoln Cunningham and Havana Soliz Parks; and WHEREAS, development of the Lincoln-Cunningham and Havana Soliz Parks Conceptual Master Plan is the first phase of the larger Blue Zones Marquee Project that aims to improve health and well-being of the Seaside community by providing vibrant parks connected by a walkable network of trails; and
WHEREAS, development of the Lincoln Cunningham and Havana Soliz park concepts before constructing the trails provides park layouts, determines trail locations, ensures proper drainage, and prepares for accessibility in anticipation of future park amenities; and
WHEREAS, public input on park needs and community priorities was solicited via two outreach events and a presentation to the Seaside Parks and Recreation Commission at their September 18th 2023 meeting; and WHEREAS, led by community feedback and in collaboration with Public Works engineering staff, the City’s consultants, BFS Landscape Architecture and Whitson Engineers, have prepared final concept plans for trail alignments and park amenities at both Lincoln Cunningham and Havana Soliz parks that reflect the preferences of community members; and
WHEREAS, Council approval of the concept plan ensures that there is adequate space for the types of amenities noted and that ADA accessible pathways are possible, but does not preclude more detailed evaluation of features in the future.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside approves the Lincoln Cunningham and Havana Soliz Parks Conceptual Master Plan.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 2nd day of November, 2023 by the following vote:

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AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Ian N. Oglesby, Mayor
ATTEST:

Dominique L. Davis, City Clerk
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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.D.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Carolyn Burke, Assistant Public Works Director
DATE: November 2, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL

SERVICE AGREEMENT WITH WHITSON ENGINEERS TO

PREPARE CONSTRUCTION PLANS AND SPECIFICATIONS FOR

THE LINCOLN CUNNINGHAM ARTERIAL TRAIL PROJECT IN AN
AMOUNT NOT TO EXCEED $89,800.00

RECOMMENDATION
Adopt a resolution authorizing a professional services agreement with Whitson Engineers to prepare construction plans and specifications for the Lincoln Cunningham Arterial Trail Project in an amount not to exceed $89,800.00.

BACKGROUND
On January 30, 2023, City Council adopted a resolution authorizing the preparation of concept plans for the development of accessible trail and amenity locations in Lincoln Cunningham and Havana Soliz Parks, and the final concept plan is on the November 2, 2023 City Council agenda for consideration and approval.

During prior presentations and public outreach efforts, feedback from both the public and City Council was clear that physical construction of trails is a top priority for the community. The funds allocated for the 2023-24 fiscal year do not allow for all trails contemplated in the concept plans to be built at this time, but an arterial path segment in Lincoln Cunningham park, connecting San Pablo Avenue to Lincoln Street, has been prioritized for construction. This Class 1 multi-use path segment was identified in both the Safe Routes to Schools plan as well as the Blue Zones Marquee project as an important connection point, and can be constructed using the funds allocated to the Phase 1 Trails Project in the FY 2022-23 and FY 2023-24 Capital Improvement Program budgets.

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Item No.

10.D.

Public Works staff requested proposals to provide design services for the Lincoln Cunningham Arterial Trail from their list of on-call consultants for engineering services.

On October 18, 2023, Whitson Engineers provided a proposal to prepare construction plans, specifications, and a cost estimate, as well as bid phase and construction support services, with sub-consultant assistance to prepare a geotechnical investigation and to prepare landscape plans for an amount not to exceed $89,800.00. Staff reviewed the scope of work and fee in the proposal, and find it acceptable.

The professional services agreement with Whitson is in the amount not to exceed $89,800.00, to be billed on a time and materials basis. A 10% contingency adds $8,980.00 for a total of $98,780.00 for development of the Lincoln Cunningham Arterial Trail project.

Staff recommends adopting a resolution authorizing the City Manager to execute a professional services agreement with Whitson Engineers for design services for the Lincoln Cunningham Arterial Trail project for an amount not to exceed $89,800.00 and written amendments such that the total agreement does not exceed $98,780.00.

FISCAL IMPACT
The adopted fiscal year 2023/24 budget plus the fiscal year 2022/23 rollover funds for the Phase 1 Trails Project is $1,816,785.58, and there are sufficient funds in the associated account (No. 342-8910-9581) to fund these services.

ATTACHMENTS

1. Resolution

2. Professional Services Agreement
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 260
RESOLUTION NO. XX-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING THE PROFESSIONAL SERVICES AGREEMENT WITH

WHITSON ENGINEERS TO PROVIDE DESIGN SERVICES FOR THE

LINCOLN CUNNINGHAM ARTERIAL TRAIL PROJECT FOR AN AMOUNT NOT TO EXCEED $89,800.00
WHEREAS, the Phase 1 Trails Project (Project) is adopted in the fiscal year 2023/2024 Capital Improvement Program (CIP) annual budget; and WHEREAS, construction of an arterial path segment in Lincoln Cunningham park connecting San Pablo Avenue to Lincoln Street has been identified as a priority project to further the City’s efforts to implement the Safe Routes to Schools plan and the Blue Zones Marquee project; and WHEREAS, Whitson Engineers is on the City approved list of design consultants to perform professional and technical services for implementation of the CIP; and
WHEREAS, Staff requested a proposal from Whitson Engineers to provide design services for the Lincoln Cunningham Arterial Trail project; and WHEREAS, on October 18, 2023, Whitson Engineers provided a proposal to prepare construction plans and specifications for the project in the amount not to exceed $89,800.00; and
WHEREAS, Whitson Engineers has prepared similar plans for park trails for the City of Seaside and numerous other agencies in the Bay Area; and WHEREAS, to complete the design of the Lincoln Cunningham Arterial Trail Project, Whitson Engineers will provide: preparation of construction plans, specifications, and a cost estimate, as well as bid phase and construction support services, with sub-consultant assistance to prepare a geotechnical investigation and to prepare landscape plans; and
WHEREAS, Staff reviewed the scope of work and fee in the proposal, and finds it acceptable; and
WHEREAS, an amount of $8,980.00 contingency, 10% of the contract value, should be authorized on an as required basis; and Packet Page 261
WHEREAS, the adopted fiscal year 2023/24 budget plus the fiscal year 2022/23 rollover funds for the Phase 1 Trails Project is $1,816,785.58; and WHEREAS, there are sufficient funds in Phase 1 Trails Project Account to fund the design services for the Lincoln Cunningham Arterial Trail Project by Whitson Engineers.

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 design services for the Lincoln Cunningham Arterial Trail Project for an amount not to exceed $89,800.00 and written amendments such that the total agreement does not exceed $98,780.00.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 2nd day of November, 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Ian N. Oglesby, Mayor
ATTEST:

Dominique L. Davis, City Clerk
Packet Page 262

LINCOLN CUNNINGHAM ARTERIAL TRAIL PROJECT
Rev. 1/18 Page 1 COS Design PSA

CITY OF SEASIDE

DESIGN PROFESSIONAL SERVICE AGREEMENT

FOR CONSTRUCTION PROJECTS

LINCOLN CUNNINGHAM ARTERIAL TRAIL PROJECT
THIS AGREEMENT, is made and effective NOVEMBER 2, 2023, between the City of Seaside, a municipal corporation ("Agency") and WHITSON ENGINEERS (“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 DECEMBER 30, 2024, unless sooner terminated pursuant to the provisions of this Agreement.

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

3. PERFORMANCE
Consultant shall 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
Packet Page 263

LINCOLN CUNNINGHAM ARTERIAL TRAIL PROJECT
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 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 EIGHTY-NINE THOUSAND EIGHT HUNDRED DOLLARS
($89,800.00) 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
Packet Page 264

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

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

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records; shall give Agency the right to examine and audit said books and records; shall permit Agency to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, computer discs, and reports prepared by the Contractor under this Agreement shall become the sole property of 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.

Packet Page 265

LINCOLN CUNNINGHAM ARTERIAL TRAIL PROJECT
Rev. 1/18 Page 4 COS Design PSA

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

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

10. INSURANCE
Packet Page 266

LINCOLN CUNNINGHAM ARTERIAL TRAIL PROJECT
Rev. 1/18 Page 5 COS Design PSA
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this Agreement.

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

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.

Packet Page 267

LINCOLN CUNNINGHAM ARTERIAL TRAIL PROJECT
Rev. 1/18 Page 6 COS Design PSA

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

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

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

16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt Packet Page 268

LINCOLN CUNNINGHAM ARTERIAL TRAIL PROJECT
Rev. 1/18 Page 7 COS Design PSA
requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To Agency: __City of Seaside__________
__440 Harcourt Ave________
__Seaside, CA 93955_______
Attention: City Clerk
To Consultant: ___ 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.

Packet Page 269
Packet Page 270

LINCOLN CUNNINGHAM ARTERIAL TRAIL PROJECT
Rev. 1/18 Page 9 COS Design PSA
A Municipal Corporation
______________________________ Date:_________________
Jaime M. Fontes, City Manager
Attachments: Exhibit A Scope of Work
Exhibit B Insurance Requirements
Exhibit C Request for Proposal
Exhibit D Resolution Approving On-Call List
Packet Page 271
SEASIDE MUNICIPAL WATER DISTRICT – MCWD INTERTIE PROJECT EXHIBIT A

EXHIBIT A

SCOPE OF WORK/CONSULTANT PROPOSAL
Packet Page 272
2071.32 proposal.doc
Revised October 18, 2023 Project No.: 2071.32
Carolyn Burke
Assistant Public Works Director
City of Seaside
440 Harcourt Ave.

Seaside, CA 93955
Re: Lincoln-Cunningham Park Improvements – Phase 1
Proposal for Land Surveying and Civil Engineering Services Dear Ms. Burke:

Thank you for the opportunity to make this proposal. We understand that the City desires to move forward with constructing the first phase of improvements at LincolnCunningham Park. This Phase 1 work is described in the attached Request for Proposal and will consist of the multi-use paths in Lincoln-Cunningham Park. The paths to the culde-sacs may be bid as Additive Alternates, depending on the estimated project cost.

Future phases will build out the remainder of the master planned improvements at Lincoln-Cunningham Park and the entirety of Hava-Soliz Park.

We have included BFS Landscape Architects on our team to ensure continuity with the Master Plan as well as preparation of recommendations and specifications for soil preparation, seeding and mulching for this Phase 1 project.

Based on our understanding of the project, we propose the following scope of work:

SCOPE OF SERVICES
Geotechnical Investigation and Report

1. Perform a site reconnaissance and mark boring locations for USA clearance.

2. Perform approximately 6 geotechnical borings and 2 infiltration tests.

3. Prepare a geotechnical report for development of both Lincoln-Cunningham and Havana-Soliz parks. (The RFP requests a minimum of 3 borings within LincolnCunningham Park, however we believe the incremental cost of the additional borings at Havana-Soliz Parks would be beneficial for streamlining future project(s) at Havana-Soliz Parks.)
Surveying

1. Perform supplemental topographic surveying as needed to support design. A one-foot contour interval aerial survey was previously completed; therefore the supplemental surveying is anticipated to involve local ground surveys of the five locations outlined in the attached, for design of curb ramps. We have

EXHIBIT A
Packet Page 273
October 18, 2023 | Job No. 2071.32
Lincoln-Cunningham Park Improvements – Phase 1
t:\monterey projects\2071.32 lincoln and havana parks\docs\_contract\phase 1 - path cds\2071.32 proposal.doc Page | 2 budgeted two days’ field time for this task.

Design

1. Coordinate the scope of the Phase 1 work with the city, including existing improvements to remain or be removed, and work to be included in the Base Bid and as Additive Alternatives.

2. Prepare 60% (Draft), 90% (Plan Check) and 100% (Bid Set) Drawings for permitting, bidding and construction. Anticipated sheets include the following:

General
a. Cover Sheet
b. Erosion and Sediment Control Plan
c. Erosion and Sediment Control Notes and Details
Civil
d. Demolition Plan
e. Construction Plan
f. Grading and Drainage Plan
g. Details

3. Prepare soil preparation, seeding and mulching recommendations and specifications.

4. Prepare 60%, 90% and 100% Construction Cost Estimates.

5. Prepare 90% and 100% Specifications using the city’s templates.

6. Estimate earthwork volumes based on the Site Grading and Drainage Plan.

7. Respond to city Public Works review comments. We assume the city will perform the reviews “in house”, and the project will not be subject to Building Permit review.

Bidding and Construction Support

1. Provide design assistance during the bid phase as requested. This is anticipated to include: attendance of pre-bid meeting, preparation of Bid Addenda and responding to Bidder Inquiries.

2. Provide design assistance during construction as requested. This is anticipated to include: attending construction kickoff and semi-weekly progress meetings; performing site reviews during construction, and preparing written field reports; reviewing Contractor’s Material Submittals and Shop Drawings; preparing written responses to Requests for Information; preparing drawing revisions if needed; and participating in a final site review and preparing a Punch List.

Assumptions

1. All our work products will be provided to you in PDF and/or AutoCAD DWG format. Hard copy prints will not be required.

2. Project will not be submitted/reviewed for Building Permit.

3. No specialty/decorative pavements or finishes are proposed.

4. No planting or irrigation is proposed.

5. No retaining walls are proposed.

6. Curb ramps will be provided at all park entrances (San Pablo Avenue, Lincoln Street, Yerba Buena Court, Serape Court, and Lindberg Court).

7. Only a curb ramp will be installed at the park entrance on San Pablo Avenue.

We previously discussed other potential improvements at this entrance including striped crosswalk, curb bulb-outs and rectangular rapid flashing beacons (RRFBs), and we understand the city has determined that it does not want to install

EXHIBIT A
Packet Page 274
October 18, 2023 | Job No. 2071.32
Lincoln-Cunningham Park Improvements – Phase 1
t:\monterey projects\2071.32 lincoln and havana parks\docs\_contract\phase 1 - path cds\2071.32 proposal.doc Page | 3 anything more than a curb ramp at this location.

8. Project will not be subject to the Regional Post-Construction Requirements (PCRs), since it is a trail project designed to slope to adjacent landscaping. A Storm Water Control Plan (SWCP), Operation and Maintenance Plan (OMP), and associated observations and certification will not be required.

9. Project will disturb less than 1 acre, and will therefore not require coverage under the Construction General Permit. A SWPPP will not be required.

10. The city will provide “front end” specification templates.

11. Design of utilities will not be required, other than relocation of on-site storm drain and sanitary sewer and selective demolition of existing on-site irrigation systems and park lighting where they conflict with the proposed construction.

12. Other assumptions, as listed in our subconsultant proposals.

Exclusions
The following work is specifically excluded from the Engineer’s Scope of Services:

1. Changes in scope of the Engineer’s work

2. Preparation of presentation materials or attending public meetings (e.g. Parks and Recreation Commission, City Council).

3. Utility design (other than as specifically noted)

4. Off-site improvements (other than the proposed curb ramps)

5. Structural engineering (which includes retaining wall design)

6. Geotechnical engineering, testing and inspections during construction

7. Obtaining or coordinating permits, permit condition compliance

8. Preparation of a Construction Management Plan and/or plans for disposal of excess soil

9. Construction Management, Construction Inspections, Special Inspections, Construction Staking, or other construction phase services (other than as specifically noted)

10. Plan revisions to reflect field changes; As-Built plan preparation

11. Preparation of Planting Plans, Arborist’s Report, tree pruning specifications

12. Other exclusions, as listed in our subconsultant proposals.

PAYMENT AND PROVISIONS:

Our estimated fees for the services described in the above Scope of Services are:

Whitson Engineers $60,500
BFS Landscape Architects $12,135
Earth Systems $14,500
10% Subconsultant Administrative Fee $2,665
Total $89,800
Progress billings will be on a Time and Materials basis as work is being completed, in accordance with the attached Rate Schedule. If this proposal is acceptable, please forward a contract for execution.

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

EXHIBIT A
Packet Page 275
October 18, 2023 | Job No. 2071.32
Lincoln-Cunningham Park Improvements – Phase 1
t:\monterey projects\2071.32 lincoln and havana parks\docs\_contract\phase 1 - path cds\2071.32 proposal.doc Page | 4 Sincerely,
Nathaniel Milam, PE, QSD
Senior Civil Engineer
For Richard Weber PE, LS, QSD | Principal
RCE 55219, LS 8002, QSD 20534

EXHIBIT A
Packet Page 276
Lincoln-Cunningham Park Improvements - Phase 1
Time and Materials Estimate
10/18/2023 NDM T41
Land Surveying
PE SCE SLS CE AE2 1P 2P
Rate: $ 240 $ 195 $ 195 $ 175 $ 130 $ 210 $ 350 Hours Cost 1 Supplemental Surveying 2 12 16 30 $ 5,850
-- Project Management, QA/QC 2 2 $ 390
Subtotal: 0 2 2 12 0 16 0 32 $ 6,240
Professional Personnel Estimate: $ 6,240
Reimbursable Expenses Budget: $ -
Total Estimate, Land Surveying: $ 6,240
Civil Design
PE SCE CE AE AE2 1P 2P
Rate: $ 240 $ 195 $ 175 $ 150 $ 130 $ 210 $ 350 Hours Cost 1 Coordination and Scoping 8 8 16 $ 3,120
2 Prepare 60%, 90% and 100% Drawings 4 40 80 124 $ 24,360 3 Prepare soil preparation, seeding, mulching specs (BFS) 0 $ - 4 Prepare 60%, 90% and 100% Estimate 1 8 16 25 $ 4,920
5 Prepare 90% and 100% Specifications 1 2 8 11 $ 2,190
6 Earthwork 1 4 5 $ 975
7 Responsd to plan check comments 1 4 5 $ 975
-- Project Management, QA/QC 2 8 8 18 $ 3,600
Subtotal: 8 68 128 0 0 0 0 204 $ 40,140
Professional Personnel Estimate: $ 40,140
Reimbursable Expenses Budget: $ 20
Total Estimate, Master Plan: $ 40,160
Bidding and Construction Support
PE SCE CE AE AE2 1P 2P
Rate: $ 240 $ 195 $ 175 $ 150 $ 130 $ 210 $ 350 Hours Cost 1 Bid Phase Support 4 4 $ 780
2a Preconstruction meeting 2 2 4 $ 780
2b Semi-weekly progress meetings (8) 8 8 $ 1,560
2c Site Reviews (4) 4 8 12 $ 2,340
2d Material submittal review 2 4 6 $ 1,170
2e Respond to RFIs 1 4 5 $ 975
2f Drawing revisions 4 4 8 $ 1,560
2g Final site review 2 2 4 $ 780
-- Project Management, QA/QC 4 8 8 20 $ 4,080
Subtotal: 4 27 40 0 0 0 0 71 $ 14,025
Assumes:
8 semi-weekly progress meetings Professional Personnel Estimate: $ 14,025 4 construction site reviews Reimbursable Expenses Budget: $ 75 Total Estimate, Master Plan: $ 14,100
Total Estimate: $ 60,500
Totals
Totals
Totals
10/18/2023 Page 1 2071.32 Phase 1 Estimate r.xls

EXHIBIT A
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2 0 2 3 1 0 1 7 _ L i n c o l n C u n n i n g h a m M u l t i U s e P a t h w a y - B F S S c o p e a n d F e e - r e v . d o c x This scope and fee will be billed as time and materials as requested by Whitson Engineers and City Of Seaside

3.0 CONSTRUCTION DOCUMENTS (ASSUMES 20 WEEKS DURATION)

3.01 Attend Project start up meeting.

3.02 Obtain horticultural soils sample(s) from the Project site. Commission soils analysis from qualified soils analyst or laboratory for fertilizer and amendment applications of new hydroseed.

3.03 Coordinate the following items as required with Owner and Civil Engineer a. Hydroseed Mix: Work with seed suppliers and ecologist staff to prepare a seed mix suitable for the site conditions.
b. Soil Preparation: Coordinate with Civil Engineer the stripping and stockpiling of existing topsoil for use in planting beds.

3.04 Prepare and submit Soil Preparation and Hydroseeding and Mulching Specifications for the contract documents.

3.05 Provide a review of the 60%, 90% and 100% Construction Documents as it relates to landscape scope items. BFS to review plans for consistency with the overall master plan.

3.06 Support the Owner and Civil Engineer in responding to questions and updates requested from the community and our City leaders. BFS has excluded from our scope and fee attendance any City Council Meetings or Public Meetings.

4.0 BIDDING AND CONSTRUCTION REVIEW (ASSUMES 20 WEEKS DURATION PLUS LANDSCAPE MAINTENANCE 120 DAYS) 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 Provide assistance during the bid process. Respond to questions as directed by Owner / CM.

4.02 Respond to Requests for Information (RFI); furnish Clarifications, Revisions; any change orders will be prepared by Owner / CM.

4.03 Review and process submittals. Review proposed substitutions if any, for conformance to drawings and technical specifications.

Scope of Services
Lincoln Cunningham Multi-Use Pathway
September 29, 2023
Revised October 17, 2023

PROJECT DESCRIPTION
BFS has prepared a limited scope of work for the design and construction tasks for the Lincoln Cunningham Park Multi-Use Pathway. This includes:
• The coordination and preparation of a soil preparation and a hydroseeding and mulching specification.
• Review of the construction documents for consistency with the 2023 Lincoln Cunningham Park Master Plan
• Limited Construction Observation and Reviews as it pertains to the landscape scope • Support to the Owner and Civil Engineer in responding to questions and updates requested from City Leadership and the community.

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 O c t o b e r 1 7 , 2 0 2 3 | P a g e 2 o f 3

4.04 Attend [3} on-site construction reviews, followed by written field reports. Assumes [5]-months construction and [4]- months landscape maintenance. Reviews to include:
a. Substantial Completion Review – at start of landscape maintenance b. Punch-list Check – during landscape maintenance
c. Final Review – at end of landscape maintenance

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 / PM.

5.20 Development of interim park design solutions to existing park areas affected by the demolition and removal of the existing pathways

5.30 Attendance and participation at City Council or Parks and Recreation Commission Meeting

5.31 Preparation of plans or documents for presentation use at public meetings

5.32 Coordination and or preparation of presentation slides

5.33 Attendance and participation at public meetings

EXCLUSIONS
The following are excluded from our scope of services.

1. Preparation of construction document plan sheets

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

3. Translation services for Community meetings.

4. CEQA document preparation and approvals.

5. Architectural Review Board Submittal.

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

7. Geotechnical Survey / Report.

8. Tree survey / Arborist Report.

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

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

11. Stormwater Management Plans. Assumed to be in civil scope.

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

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

14. Architectural Drawings for ancillary support buildings and structures.

15. Paving base and sub-grade design. Assumed to be in civil scope.

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

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

18. Utility Engineering including domestic water supply. Assumed to be in civil scope.

19. Estimated Water Use / Water Demand Statement Calculations. Assumed to be temporary irrigation.

20. ADAAG (Accessible route) / Signage Plan. Assumed to be in civil scope.

21. Signage & graphics artwork.

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

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

24. Division 1 (General Conditions and Special Provisions) Project Specifications.

25. Printing of drawings on Mylar.
- ENDEXHIBIT A
Packet Page 279
B F S L A N D S C A P E A R C H I T E C T S O c t o b e r 1 7 , 2 0 2 3 | P a g e 3 o f 3

COMPENSATION

3.0 CONSTRUCTION DOCUMENTS...................................................................................$8,355

4.0 BIDDING & CONSTRUCTION REVIEW.........................................................................$3,280 TOTAL .........................................................................................................................$11,635

5.0 ADDITIONAL SERVICES

5.1 Additional Meetings ...........................................................................$400 per meeting

5.2 Interim Design Solutions ......................................................................................Hourly

5.3 Preparation and Attendance for Public Meetings................................................Hourly REIMBURSABLE EXPENSES BUDGET ...........................................................................................$500 Includes procurement of a horticultural soils analysis and seed supplier recommendations for a hydroseeding mix.

TOTAL WITH REIMBURSABLE EXPENSES ..........................................................................$12,135 HOURLY RATES AND REIMBURSABLE EXPENSES: See current Standard Schedule of Compensation. All costs for printing, special delivery, horticultural soils analysis, Owner business licenses and fees, consultant services, and other costs directly related to the project would be billed as a reimbursable expense at our cost plus a fifteen percent administration charge.

Attachments: Standard Schedule of Compensation, dated 1/2023.

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.

EXHIBIT A
Packet Page 280
1580 West El Camino Real, Suite 12, Mountain View 94040 ■ (650) 326-6622 P ■ (650) 963-9421 F
425 Pacific Street, Suite 201, Monterey, California 93940 ■ (831) 646-1383 P ■ (831) 373-8653 F BFS Landscape Architects ■ bfsla.com
landscape
architects
Compensation Schedule_2023.docx
Standard Schedule of Compensation
January 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 A
Packet Page 281
Task Description Hours / Rates Total Principal Associate Principal Associate Project Manager Asst Project Manager Designer Assistant Designer Intern Clerical $220 $205 $190 $170 $160 $140 $120 $45 $85

3.0 CONSTRUCTION DOCUMENTS

3.01 Attend project start mtg 2

3.02 Obtain soil sample 1 2

3.03 Coordinate soil prep and
hydroseed
4 4

3.04 Prepare and submit
specifications
6 2

3.05 Review 60, 90 and 100%
plans for consistency with
Master Plan
12 3.06 Support Team in response
to RFIs from the
community and City
Leadership
4 8
Subtotal hours 0 29 0 0 14 0 0 0 2
Subtotal amount $0 $5,945 $0 $0 $2,240 $0 $0 $0 $170 $8,355 TOTAL (for 3.0 phase) $8,355

4.0 BIDDING AND CONSTRUCTION REVIEW

4.01 Bid Assistance 2

4.02 RFI / Clarifications / ASI 2

4.03 Submittal Review 4

4.04 Attend construction
reviews
8 Subtotal hours 0 16 0 0 0 0 0 0 0
Subtotal amount $0 $3,280 $0 $0 $0 $0 $0 $0 $0 $3,280
TOTAL (for 4.0 phase) $3,280
REIMBURSABLES $500
TOTAL ALL SERVICES $12,135
Lincoln Cunningham Multi-Use Pathway
10/17/2023 Page 1 of 1

EXHIBIT A
Packet Page 282
Request for Proposal
The City of Seaside requests a proposal for the following work based on your firm having been selected as an on-call engineering consultant for the City of Seaside.

Scope
The scope of services is to prepare 100% construction plans, specifications and estimate for the design of a Class 1 ADA-compliant bike path and collector pathways at Lincoln Cunningham park in Seaside, California. The paths to be constructed are the first phase of implementation of a recently prepared conceptual master plan for Lincoln Cunningham and Havana Soliz parks. The pathways should be designed to ensure compatibility with future construction of other ADA-compliant park amenities. At least a portion of the Class 1 bike path must be designed to support a fully-loaded sewer maintenance vehicle to ensure access to facilities within park.

Project Requirements
Aerial topography has been prepared for the area as part of the development of the Lincoln Cunningham – Havana Soliz master plan, but additional topographic data will be needed for construction-level design. Existing sewer and stormwater utilities cross the park and will need to be verified by the engineer and considered in the design. Other amenities shown on the master plan will be constructed at a time TBD, and engineer shall design the trail to allow interim access points to the rest of the park area. While the project is exempt from Regional Post-Construction Requirements (PCRs) as a trail project designed to drain to adjacent landscaping, the trail design must consider tentative future stormwater retention locations identified in the engineering feasibility report developed as part of the Lincoln Cunningham – Havana Soliz master plan. Unengineered fill may be present on site and a geotechnical report is required, to include a minimum of 3 borings in Havana Soliz park for future trail design in that location.

At minimum, proposals should include the following services:
• Survey – supplemental topographic surveying as needed to support design • Plans – 60%, 90% and 100% drawings for bidding and construction • Estimate – 60%, 90% and 100% construction cost estimates • Bidding and Construction Support
• Geotechnical Investigation
Attachments:

Lincoln Cunningham – Havana Soliz Master Plan Concept
Exhibit: Phase 1 - Lincoln Cunningham Arterial and Collector Paths for Construction

EXHIBIT A
Packet Page 283

CENTRAL
PLAZA

FITNESS
AREA
2-5 YEAR

OLD PLAY
AREA

EXISTING

BASKETBALL
COURT

VOLLEYBALL
COURT
5-12 YEAR OLD

PLAY AREA
ENTRY

PLAZA SERAPE CT LINDBERG CT YERBA BUENA CT

SAN PABLO AVE LINCOLN ST

ARTERIAL - TO BE
CONSTRUCTED FY 23-24

ADD ALTERNATES

AS BUDGET ALLOWS

EXHIBIT A
Packet Page 284

LINCOLN CUNNINGHAM ARTERIAL TRAIL PROJECT 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.

Packet Page 285

LINCOLN CUNNINGHAM ARTERIAL TRAIL PROJECT EXHIBIT B
Note: If the required limits for general liability, auto and employer’s liability are $1 million or less, the following paragraph may be omitted.

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

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

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

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

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

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

Packet Page 286

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

In the alternative, Agency may cancel this Agreement.

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

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

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

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

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

Packet Page 287

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

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

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

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

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

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

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

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

Packet Page 288
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx

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
Packet Page 289
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 - 2 - Statement of Qualifications Submittal Requirements
The SOQ should include the following information:

1. Name of proposer and principal contact person, including office location, address, telephone number, fax numbers and e-mail address.

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
Packet Page 290
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 - 3 - Questions Regarding This Project
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
Packet Page 291
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 - 4 - Hydrology/Hydraulic Analysis
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
Packet Page 292
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
Packet Page 293
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 - 6 -

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
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City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 7 - Personal financial information that a prospective Consultant(s) considers confidential, the disclosure of which would be an unwarranted invasion of personal privacy, should be submitted in a sealed envelope marked “CONFIDENTIAL: PERSONAL FINANCIAL RECORDS; NOT PUBLIC RECORDS.” A prospective Consultant(s) should not mark their entire Qualifications as “Confidential.” During the selection process, the City will keep such information confidential and will not disclose it, except as otherwise required under applicable law. This means that, depending on the nature of timing of the request, or future court decisions, that personal financial information may not remain private and may be publicly disclosed. Once the selection process is completed, the City will return this information to any prospective agency that is not selected.

If an Consultant(s) is selected, the City may retain any submitted information and disclose it to the City Council, and any subcommittees thereof, and the public in connection with consideration of an agreement with the City as evidence of the entities ability to carry out the development. Given the nature of the applicable law under the California Public Records Act, the City cannot guarantee or warrant that it will be able to keep submitted information, including personal financial records, confidential. The successful Consultant(s) agrees to indemnify, defend, and hold the City harmless from and against any suit brought under the California Public Records Act to obtain the records; otherwise, the City shall not be obligated to defend such suit and may release the records.

EXHIBIT C
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EXHIBIT C
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EXHIBIT C
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EXHIBIT D
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EXHIBIT D
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EXHIBIT D
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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.E.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dominique Davis, City Clerk
DATE: November 2, 2023
SUBJECT: CONSIDER RECOMMENDATIONS REGARDING THE USE OF

ZOOM FOR PUBLIC COMMENTS

RECOMMENDATION
Consider options to receive public comments, and approve the staff recommendation to discontinue the use of Zoom for public comments at City Council, Boards, Commissions and Committee meetings.

BACKGROUND
The City of Seaside has been using Zoom for public comments at City Council meetings since the start of the COVID-19 pandemic. However, in recent months, there has been a significant increase in "Zoombombing" incidents, where extremists and other online users spew hate speech and disrupt meetings.

Zoombombing Incidents
Zoombombing is a type of cyberattack in which an unauthorized user joins a Zoom meeting and disrupts it. Zoombombers can do this by posting offensive content, making noise, or using Zoom's features to disrupt the meeting, such as screen sharing or muting participants.

In recent months, there have been a number of high-profile Zoombombing incidents at City Council meetings across California. For example, in September 2023, City Council meetings across the state were disrupted by Zoombombers who shouted racial slurs and made threats; cities include but are not limited to Monterey, Pacific Grove, Concord, San Ramon, Walnut Creek, Sonoma County, Redwood City, Fremont, Claremont, San Jose, San Francisco, Berkeley, Burlingame, Sacramento and El Cerrito.

Seaside experienced the same at its October 19 meeting.

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Item No.

10.E.

Impact of Zoombombing Incidents
Zoombombing incidents can have a significant impact on City Council meetings. They can disrupt the flow of the meeting, make it difficult for Council members to conduct business, and create a hostile environment for participants. In some cases, Zoombombing incidents have led to City Councils eliminating the option for zoom participants to make public comment remotely, or canceling meetings altogether.

Recommendations
In light of the increasing number of Zoombombing incidents, and preventing these circumstances from happening again, staff recommends that the City of Seaside discontinue the use of Zoom for public comments at its public meetings.

Members of the public will still have the ability to make public comment in the following ways:
• In-person public comment: Members of the public can attend City Council and other City public meetings in person and provide public comment during the designated public comment period; and
• Provide written public comment: Members of the public can submit written public comments to the City Clerk by mail or email.

These alternative methods for public comment will provide residents with an opportunity to participate in City Council meetings without the risk of Zoombombing incidents, and will protect the integrity of Seaside’s public meetings and ensure that all participants have a positive experience. Continuing the use of Zoom for participants to view meetings will allow for the City to maintain its ability to provide interpretation and captioning services, remaining ADA accessible.

FISCAL IMPACT
None.

ATTACHMENTS
None
Reviewed for Submission to the City Council by:

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Item No.

10.E.

_________________________________________
Jaime M. Fontes, City Manager
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